UST Golden Notes 2011

UST GOLDEN NOTES 2011
LANDTITLESANDDEEDS B.CERTIFICATEOFTITLE

I.TORRENSSYSTEM Q:WhatisaCertificateofTitle?

A.CONCEPTANDBACKGROUND A: Certificate of title is the transcript of the
decree of registration made by the Register of
Q:WhatisTorrensSystem? Deeds in the registry. It accumulates in one
documentapreciseandcorrectstatementofthe
A: It is a system for registration of land under exact status of the fee simple title which an
which, upon the landowners application, the ownerpossesses.(AgcaoiliReviewer,p.245,2008
court may, after appropriate proceedings, direct ed)
the register of deeds for the issuance of a
certificateoftitle. Q:Whatarethetwotypesofcertificatesoftitle?

Q: What are the purposes in adopting the A:
TorrensSystemoflandregistration? 1. Original Certificate of Title (OCT) the
first title issued in the name of the
A:To: registered owner by the Register of
1. avoid possible conflicts of title Deeds covering a parcel of land which
regardingrealproperty;and had been registered under the Torrens
2. facilitate transactions relative thereto system by virtue of a judicial or
bygivingthepublictherighttorelyon administrativeproceeding.
the face of the Torrens certificate of
title and to dispense with the need of It consists of one original copy filed in
inquiringfurther. the Register of Deeds, and the owners
duplicate certificate delivered to the
Q:Whatisthenatureoftheproceedingforland owner.
registrationundertheTorrensSystem?
2. Transfer Certificate of Title (TCT) the
A:TheTorrenssystemisjudicialincharacterand title issued by the Register of Deeds in
not merely administrative. Under the Torrens favor of a transferee to whom the
system, the proceeding is in rem, which means ownershipofaregisteredlandhasbeen
thatitisbindinguponthewholeworld. transferred by any legal mode of
conveyance(e.g.sale,donation).
Note:Inaregistrationproceedinginstitutedforthe
registration of a private land, with or without It also consists of an original and an
opposition, the judgment of the court confirming ownersduplicatecertificate.
the title of the applicant or oppositor, as the case
may be, and ordering its registration in his name, Q: Differentiate title over land, land title,
constitutes, when final, res judicata against the certificateoftitle,anddeed.
wholeworld.
A: Title is a juridical act or a deed which is not
Q: What bodies implement land registration sufficient by itself to transfer ownership but
undertheTorrenssystem? provides only for a juridical justification for the
effectuation of a mode to acquire or transfer
A: ownership.
1. Courts
2. Department of Environment and Land title is the evidence of the owners right or
NaturalResources(DENR) extent of interest, by which he can maintain
3. Department of Justice (DOJ) through control, and as a rule, assert right to exclusive
the Land Registration Authority (LRA) possessionandenjoymentofproperty.
anditsRegisterofDeeds
4. DepartmentofLandReform(DLR) Certificateoftitleisthetranscriptofthedecreeof
5. DepartmentofAgriculture(DAR) registrationmadebytheRegisterofDeedsinthe
registry. It accumulates in one document a
preciseandcorrectstatementoftheexactstatus
ofthefeesimpletitlewhichanownerpossesses.
(AgcaoiliReviewer,p.245,2008ed)

454 CIVILLAWTEAM:
ADVISER:ATTY.ELMERT.RABUYA;SUBJECTHEAD:ALFREDOB.DIMAFELIXII;
ASST.SUBJECTHEADS:KARENFELIZG.SUPNAD,LAMBERTOL.SANTOSIII;MEMBERS:PAULELBERTE.AMON,ALSTONANARNA,OZANJ.
FULLEROS,CECILIOM.JIMENO,JR.,ISMAELSARANGAYA,JR.;CONTRIBUTORS:LOISERAEG.NAVAL,MONICAJUCOM

LAND TITLES AND DEEDS
Adeedistheinstrumentinwriting,bywhichany Q: What are the modes of acquiring ownership

real estate or interest therein is created, overland?
alienated, mortgaged or assigned, or by which
titletoanyrealestatemaybeaffectedinlawor A:OLDTIPS
equity. 1. Occupation
2. Law
Q: Is title over land synonymous with 3. Donation
ownership? 4. Tradition
5. Intellectualcreation
A:No.Titleisajuridicalactoradeedwhichisnot 6. Prescription
sufficient by itself to transfer ownership but 7. Succession
provides only for a juridical justification for the
effectuation of a mode to acquire or transfer Q:Differentiatepossessionfromoccupation.
ownership. It provides the cause for the
acquisitionofownership.(i.e.sale=title;delivery A:
= mode of acquisition of ownership) (Pineda, OCCUPATION POSSESSION
Property,p.485,1999ed) Itappliesonlyto Itappliestoproperties
propertywithout whetherwithor
Ownership,ontheotherhand,isanindependent owner. withoutowner.
right of exclusive enjoyment and control of the Byitselfdoesnot
thing for the purpose of deriving therefrom all Itconfersownership.
conferownership.
advantages required by the reasonable needs of Therecanbeno Therecanbe
the owner and the promotion of the general occupationwithout possessionwithout
welfarebutsubjecttotherestrictionsimposedby ownership. ownership.
lawandtherightsofothers.(Art.427,NCC)
Q:Howarelandtitlesacquired?
ACQUISITIONOFTITLE
A:PERAPAID
Q: What are the modes of acquiring title over 1. Publicgrant
land? 2. Emancipationpatentorgrant
3. Reclamation
A:IASDO 4. Adverse possession / acquisitive
1. By possession of land since time prescription
Immemorial 5. Privategrantorvoluntarytransfer
2. By possession of Alienable and 6. Accretion
disposablepublicland 7. Involuntaryalienation
8. Descentordevise
Note:UnderthePublicLandAct(CA
No. 141), citizens of the Philippines,
who by themselves or through their
TORRENSTITLE
predecessorsininterest have been

in open, continuous, exclusive and
Q:WhatisTorrenstitle?
notoriouspossessionandoccupation
of alienable and disposable

agriculturallandofthepublicdomain A:Itisacertificateofownershipissuedunderthe
underabonafideclaimofownership Torrens system of registration by the
since June 12, 1945, or earlier, government, through the Register of Deeds (RD)
(except when prevented by war or naminganddeclaringtheownerinfeesimple of
force majeure), shall be conclusively therealpropertydescribedtherein,freefromall
presumedtohave performed all the liens&encumbrances,exceptasmaybeexpressly
conditionsessentialtoagovernment notedthereorotherwisereservedbylaw.
grant and shall be entitled to a
certificateoftitle. Note: It is conclusive against the whole world
(including the government and to a holder in good
3. By Sale, Donation, and Other modes of faith),guaranteedtobeindefeasible,unassailable&
acquiringownership imprescriptible.

Q: Filomena allegedly bought a parcel of
unregistered land from Hipolito. When she had
455
ACADEMICSCHAIR:LESTERJAYALANE.FLORESII UNIVERSITYOFSANTOTOMAS
VICECHAIRSFORACADEMICS:KARENJOYG.SABUGO&JOHNHENRYC.MENDOZA
VICE C HAIRFORA DMINISTRATIONANDF INANCE : JEANELLE C. LEE Facultad de Derecho Civil
VICECHAIRSFORLAYOUTANDDESIGN:EARLLOUIEM.MASACAYAN&THEENAC.MARTINEZ

the property titled and declared for tax INDEFEASIBILITYANDINCONTROVERTIBILITY
purposes, she sold it. The Mapilis question the OFCERTIFICATESOFTITLE
transfer, saying that Filomena falsely stated in
her Affidavit of Transfer of Real Property that Q: What is meant by indefeasibility and
Hipolitosoldittoherin1949,sincebythattime, incontrovertibilityofcertificatesoftitle?
heisalreadydead.Filomenamaintainsthatshe
is the lawful owner of such by virtue of the A: The certificate, once issued, becomes a
issuance of the Torrens certificate and tax conclusiveevidenceofthetitleownershipofthe
declarationsinhername.IsFilomenathelawful land referred to therein. What appears on the
ownerofsuchproperty? face of the title is controlling on questions of
ownershipofthepropertyinfavoroftheperson
A: No. Torrens certificate pertaining to the whosenameappearsthereinandsuchcannotbe
disputed property does not create or vest title, defeated by adverse, open, and notorious
but is merely an evidence of anindefeasible and possession; neither can it be defeated by
incontrovertible title to the property in favor of prescription.(AgcaoiliReviewer,p.246,2008)
the person whose name appears therein. Land
registration under the Torrens system was never
intendedtobeameansofacquiringownership. Q: What are the rules as regards indefeasibility
andincontrovertibility?
Neither does the existence of tax declarations
createorvesttitle.Itisnotaconclusiveevidence A:
of ownership, but a proof that the holder has a 1. The certificate of title serves as
claimoftitleovertheproperty.(Larenav.Mapili, evidence of an indefeasible title to the
et.al.,G.R.No.146341,Aug.7,2003) property in favor of the person whose
nameappearstherein.
Q: What are the effects of the issuance of a
Torrenstitle? 2. Aftertheexpirationoftheone(1)year
period from the issuance of the decree
A:TRINC ofregistrationuponwhichitisbased,it
1. The land is placed under the operation becomesincontrovertible.
ofTorrensSystem;
2. Land is Relieved from all claims except 3. Decree of registration and the
those noted thereon and provided by certificate of title issued pursuant
law; theretomaybeattackedontheground
3. The land becomes Incontrovertible and ofactualfraudwithinone(1)yearfrom
indefeasible; thedateofitsentryandsuchanattack
4. Title to the land becomes Non must be direct and not by a collateral
prescriptible;and proceeding. The validity of the
5. The certificate of title is not subject to certificate of title in this regard can be
Collateralattack. threshedoutonlyinanactionexpressly
filedforthepurpose.
Q:WhatistheprobativevalueofaTorrenstitle?
Q: There is no specific provision in the Public
A:Torrenstitlemaybereceivedinevidenceinall LandLaw(CANo.141,asamended)ortheLand
courts of the Philippines and shall be conclusive Registration Act (Act 496), now PD 1529, fixing
astoallmatterscontainedtherein,principallyas the one (1) year period within which the public
totheidentityofthelandownerexceptsofaras land patent is open to review on the ground of
providedintheLandRegistrationAct(LRA) actual fraud as in Section 38 of the Land
RegistrationAct,nowSection32ofPD1529,and
A Torrens certificate is an evidence of clothing a public land patent certificate of title
indefeasible title of property in favor of the with indefeasibility. What is the effect of such
person in whose name appears therein such absence?
holder is entitled to the possession of the
propertyuntilhistitleisnullified. A:None.Theruleonindefeasibilityofcertificates
of title was applied by the Court in Public Land
Patents because, according to the Court, such
application is in consonance with the spirit and
intentofhomesteadlaws.
456 CIVILLAWTEAM:

The Court held that the pertinent A:No.Althoughitisarecognizedprinciplethata

pronouncements in cases clearly reveal that Sec. person dealing on a registered land need not go
38oftheLandRegistrationAct,nowSec.32ofPD beyond it certificate of title, it is also a firmly
1529 was applied by implication by this Court to settled rule that where there are circumstances
the patent issued by the Director of Lands duly which would put a party on guard and prompt
approved by the Secretary of Natural Resources, him to investigate or inspect the property being
under the signature of the President of the sold to him, such as the presence of
Philippinesinaccordancewithlaw. occupants/tenants thereon, it is of course,
expected from the purchaser of valued piece of
The date of issuance of the patent, therefore, land to inquire first into the status or nature of
corresponds to the date of the issuance of the the possessionof the occupants, i.e., whetheror
decreeinordinaryregistrationcasesbecausethe not the occupants possess the land en concepto
decree finally awards the land applied for dedueno,inconceptofanowner.
registration to the party entitled to it, and the
patentissuedbytheDirectorofLandsequallyand As is the common practice in the real estate
finally grants, awards, and conveys the land industry, an ocular inspection of the premises
applied for to the applicant. (Aquino, p. 148; involved is a safeguard that a cautious and
AgcaoiliReviewerp.409) prudent purchaser usually takes. Should he find
outthatthelandheintendstobuyisoccupiedby
Note: A certificate of title issued under an anybodyelseotherthanthesellerwho,asinthis
administrativeproceedingpursuanttoahomestead case,isnotinactualpossession,itwouldthenbe
patent is as indefeasible as a certificate of title incumbentuponthepurchasertoverifytheextent
issued under a judicial registration proceeding, oftheoccupantspossessoryrights.Thefailureof
provided the land covered by said certificate is a theprospectivebuyertotakesuchprecautionary
disposable public land within the contemplation of steps would mean negligence on his part and
thePublicLandLaw. would thereby preclude him from claiming or
invokingtherightsofapurchaseringoodfaith.
MIRRORDOCTRINE (Mathayv.CA,G.R.No.115788,Sept.17,1988)

Q:Whatisthemirrordoctrine? Q: Spouses X and Y mortgaged a piece of
registered land to A, delivering as well the OCT
A: All persons dealing with a property covered tothelatter,buttheycontinuedtopossessand
byTorrenscertificateoftitlearenotrequiredto cultivatetheland,giving1/2ofeachharvesttoA
gobeyondwhatappearsonthefaceofthetitle. in partial payment of their loan to the latter. A
Wherethereisnothingonthecertificateoftitle however, without the knowledge of X and Y,
toindicateanycloudorviceintheownershipof forged a deed of sale of the aforesaid land in
the property, or any encumbrance thereon, the favorofhimself,gotaTCTinhisname,andthen
purchaserisnotrequiredtoexplorefurtherthan soldthelandtoB.
what the Torrens title upon its face indicates in
quest for any hidden defect or inchoate right B bought the land relying on A's title, and
thatmaydefeathisrightthereto. thereafter got a TCT in his name. It was only
thenthatthespousesXandYlearnedthattheir
Note: Stated differently, an innocent purchaser for
land had been titled in B's name. May said
valuerelyingontheTorrenstitleissuedisprotected.
spouses file an action for reconveyance of the
Q:Whendoesthemirrordoctrineapply?
landinquestionagainstB?Reason.

A:Whenatitleoveralandisregisteredunderthe
A: The action of X and Y against B for
Torrens system (Agcaoili Reviewer, p. 246, 1999
reconveyance of the land will not prosper
ed)
because B has acquired a clean title to the
propertybeinganinnocentpurchaserforvalue.
Q:BeeboughtaparceloflandwithacleanTCT.

However, when he found some persons
A forged deed is an absolute nullity and conveys
occupying it, he fenced the property over the
no title. The fact that the forged deed was
occupants objection. May Bee invoke the
registered and a certificate of title was issued in
principlethatapersondealingwitharegistered
his name, did not operate to vest upon A
landneednotgobeyonditscertificateoftitlein
ownership over the property of X and Y. The
thiscase?
registration of the forged deed will not cure the
infirmity. However, once the title to the land is
457

registered in the name of the forger and title to with an area of 30 hectares, located in General
the land thereafter falls into the hands of an SantosCity.HepresentedtheFreePatenttothe
innocentpurchaserforvalue,thelatteracquiresa Register of Deeds, and he was issued a
cleantitlethereto.Abuyerofaregisteredlandis corresponding Original Certificate of Title (OCT)
not required to explore beyond what the record No. 375. Subsequently, Nestor sold the land to
in the registry indicates on its face in quest for Eddie. The deed of sale was submitted to the
any hidden defect or inchoate right which may RegisterofDeedsandonthebasisthereof,OCT
subsequently defeat his right thereto. This is the No.375wascancelledandTransferCertificateof
"mirror principle" of the Torrens system which Title (TCT) No. 4576 was issued in the name of
makesitpossibleforaforgeddeedtobetheroot Eddie. In 1986, the Director of Lands filed a
ofagoodtitle. complaintforannulmentofOCTNo.375andTCT
No.4576onthegroundthatNestorobtainedthe
Besides,itappearsthatspousesXandYareguilty Free Patent through fraud. Eddie filed a motion
of contributory negligence when they delivered to dismiss on the ground that he was an
theOCTtothemortgageewithoutannotatingthe innocent purchaser for value and in good faith
mortgage thereon. Between them and the and as such, he has acquired a title to the
innocent purchaser for value, they should bear property which is valid, unassailable and
theloss.(1999BarQuestion) indefeasible.Decidethemotion.

Q: Who is a purchaser in good faith and for A: Nestors motion to dismiss the complaint for
value? annulment of OCT No. 375 and TCT No. 4576
shouldbedeniedforthefollowingreasons:
A:Apurchaseringoodfaithandforvalueisone
who buys property of another, without notice 1. Eddie cannot claim protection as an
thatsomeotherpersonhasarightto,orinterest innocentpurchaserforvaluenorcanhe
insuchpropertyandpaysafullandfairpricefor interpose the defense of indefeasibility
thesameatthetimeofsuchpurchase,orbefore ofhistitle,becausehisTCTisrootedon
he has notice of the claim or interest of some avoidtitle.UnderSec.91,CANo.141,
other person in the property. (San Roque Realty as amended, otherwise known as the
and Development Corp. v. Republic, G.R. No. PublicLandAct,statementsofmaterial
163130,Sept.7,2007) facts in the applications for public land
must be under oath. Sec. 91 of the
Note: An innocent purchaser for value includes a sameactprovidesthatsuchstatements
lessee,mortgagee,orotherencumbrancesforvalue. shall be considered as essential
conditions and parts of the concession,
Purchaseringoodfaithandforvalueisthesameas title, or permit issued, any false
aninnocentpurchaserforvalue. statement therein, or omission of facts
shallipsofactoproducethecancellation
Goodfaithconsistsinanhonestintentiontoabstain
oftheconcession.Thepatentissuedto
fromtakinganyunconsciousadvantageofanother.
Nestor in this case is void ab initio not

only because it was obtained by fraud
Q: If the land subject of the dispute was not
but also because it covers 30 hectares
brought under the operation of the Torrens
whichisfarbeyondthemaximumof24
system, will the concept of an innocent
hectares provided by the free patent
purchaserforvalueapply?
law.

A:Ifthelandinquestionwasnotbroughtunder
2. Thegovernmentcanseekannulmentof
the operation of Torrens system because the
the original and transfer certificates of
originalcertificateoftitleisnullandvoidabinitio,
titleandthereversionofthelandtothe
the concept of an innocent purchaser for value
State.Eddie'sdefenseisuntenable.The
doesnotapply.
protection afforded by the Torrens

System to an innocent purchaser for
Note:Goodfaithandbadfaithisimmaterialincase
of unregistered land. One who purchases an
value can be availed of only if the land
unregistered land does so at his peril (Agcaoili hasbeentitledthrujudicialproceedings
Reviewer,p.10,1999ed) where the issue of fraud becomes
academicafterthelapseofone(1)year
Q:In1979,Nestorappliedforandwasgranteda from the issuance of the decree of
Free Patent over a parcel of agricultural land registration. In public land grants, the
458 CIVILLAWTEAM:

action of the government to annul a prosper, or will the title of Catalino and the
title fraudulently obtained does not mortgagetoDesideriobesustained?
prescribe such action and will not be
barredbythetransferofthetitletoan A: The complaint for the annulment of Catalino's
innocentpurchaserforvalue.(2000Bar title will prosper. In the first place, the second
Question) owner'scopyofthetitlesecuredbyhimfromthe
Land Registration Court is void ab initio, the
Q:Istherightofthepublictorelyonthefaceof owner's copy thereof having never been lost, let
acertificateoftitleabsolute? alone the fact that said second owner's copy of
the title was fraudulently procured and
A: No. This is unavailing when the party improvidently issued by the court. In the second
concerned has actual knowledge of facts and place,theTransferCertificateofTitleprocuredby
circumstances that should imply a reasonably Catalino is equally null and void, it having been
cautiousmantomakesuchfurtherinquiry. issuedonthebasisofasimulatedorforgedDeed
of Sale. A forged deed is an absolute nullity and
Q:Whataretheexceptionstotheapplicationof conveysnotitle.
themirrordoctrine?
ThemortgageinfavorofDesiderioislikewisenull
A:BOBLIKA andvoidbecausethemortgagorisnottheowner
1. Wherethepurchaserormortgageeisa of the mortgaged property. While it may be true
Bank/financinginstitution; that under the "mirror rinciple of the Torrens
2. WheretheOwnerstillholdsavalidand systemoflandregistration,abuyerormortgagee
existing certificate of title covering the has the right to rely on what appears on the
samepropertybecausethelawprotects certificateoftitle,andintheabsenceofanything
the lawful holder of a registered title toexcitesuspicion, isunderno obligationto look
over the transfer of a vendor bereft of beyond the certificate and investigate the
anytransmissibleright; mortgagor's title, this rule does not find
3. PurchaserinBadfaith; application in the case at hand because here,
4. Purchaseslandwithacertificateoftitle Catalino's title suffers from two fatal infirmities,
containinganoticeofLispendens; namely:
5. Sufficiently strong indications to impel 1. Thefactthatitemanatedfromaforged
closer Inquiry into the location, deedofasimulatedsale;and
boundariesandconditionofthelot; 2. The fact that it was derived from a
6. Purchaser had full Knowledge of flaws fraudulently procured or improvidently
anddefectsinthetitle;or issued second owner's copy, the real
7. Whereapersonbuyslandnotfromthe owner'scopybeingstillintactandinthe
registeredownerbutfromwhoserights possessionofthetrueowner,Bruce.
tothelandhasbeenmerelyAnnotated
onthecertificateoftitle. The mortgage to Desiderio should be cancelled
withoutprejudicetohisrightto goafterCatalino
Q: Bruce is the registered owner, of a parcel of and/or the government for compensation from
land with a building thereon and is in peaceful theassurancefund.(1991BarQuestion)
possessionthereof.Hepaystherealestatetaxes
and collects the rentals therefrom. Later, Q:Duranownedtwoparcelsoflandwhichwere
Catalino, the only brother of Bruce, filed a madesubjectofadeedofsaleinfavorofFe,her
petition where he, misrepresenting to be the mother. After obtaining title in her name, Fe
attorneyinfactofBruceandfalselyallegingthat mortgaged the property to Erlinda. With Fes
the certificate of title was lost, succeeded in failuretoredeem,Erlindaacquiredtheproperty
obtainingasecondowner'sduplicatecopyofthe atpublicauction.Duran,claimingthatthedeed
title and then had the same transferred in his of sale is a forgery, sought to recover the
name through a simulated deed of sale in his property.Erlindainvokesthedefenseofbeinga
favor. Catalino then mortgaged the property to purchaseringoodfaith.IsErlindaapurchaserin
Desiderio who had the mortgage annotated on goodfaith?
the title. Upon learning of the fraudulent
transaction, Bruce filed a complaint against A: Yes. Erlinda, in good faith, relied on the
Catalino and Desiderio to have the title of certificateoftitleinthenameofFe.Afraudulent
Catalino and the mortgage in favor of Desiderio orforgeddocumentofsalemaybecometheroot
declared null and void. Will the complaint ofavalidtitleifthecertificateoftitlehasalready
459

beentransferredfromthenameofthetrueowner who then sold the property to Guaranteed
to the name of the forger or the name indicated Homes. Pablos other descendants seek
by the forger. (Duran v. IAC, G.R. No. L64159, reconveyance of the property sold to the
Sept.10,1985) spouses alleging that the extrajudicial
settlement was forged. Who is the rightful
Q: When may a forged document become the owneroftheproperty?
rootofavalidtitle?
A:GuaranteedHomesistherightfulowner,even
A: When the seller thru insidious means obtains assuming that the extrajudicial settlement was a
theownersduplicatecertificateoftitle,converts forgery.Generallyaforgedorfraudulentdeedisa
it in his name, and subsequently sells or nullity and conveys no title. There are, however,
otherwiseencumbersittoaninnocentpurchaser instanceswhensuchafraudulentdocumentmay
forvalue. become the root of a valid title. One such
instance is where the certificate of title was
Q: X, who did not know how to read and write already transferred from the name of the true
was, made to sign by her adopted son a paper owner to the forger, and while it remained that
which turned out to be a deed of sale of her way, the land was subsequently sold to an
houseandlot.Shenowquestionsthesaleofthe innocentpurchaser.Forthen,thevendeehadthe
properties in favor of the vendee. Who has a right to rely upon what appeared in the
betterright? certificate.

A: The vendee has a better right. This is so Also,theextrajudicialsettlementwasrecordedin
because, although generally a forged fraudulent the Register of Deeds. Registration in the public
deed is nullity and conveys no title, there are registryisnoticetothewholeworld.(Guaranteed
instances when such a fraudulent document may Homes, Inc. v. Heirs of Valdez, Heirs of Tugade,
becometherootofavalidtitle.Onesuchinstance Heirs of Gatmin, Hilaria Cobero and Alfredo and
is where the certificate of title was already SionyTepol,G.R.No.171531,Jan.30,2009)
transferred from the name of the owner to the
forger, and while it remained that way, the land
was subsequently sold to an innocent purchaser. II.REGALIANDOCTRINE
For then, the vendee had the right to rely upon
what appeared in the certificate. (Fule v. Legare, A.CONCEPT
G.R.No.L17951,Feb.28,1963)
Q:WhatisRegaliandoctrine(juraregalia)?
Q: The Solivels were the registered owners of
parcels of land. Juan, claiming to be their A:Atimehonoredconstitutionalpreceptthatall
attorneyinfact passed the title to the real lands of the public domain belong to the State,
propertytoaninnocentpurchaserusingaforged and that the State is the source of any asserted
deed of sale. Was the buyer an innocent right to ownership in land, and charged with the
purchaserforvalueprotectedbylaw? conservationofsuchpatrimony.

A: No. The innocent purchaser for value B.EFFECTS
protected by law is one who purchases a titled
land by virtue of a deed executed by the Q: Discuss the application of the Regalian
registered owner himself, not on a forged deed. doctrine.
In order that the holder of a certificate for value
issuedbyvirtueoftheregistrationofavoluntary A:Alllandsnototherwiseappearingtobeclearly
instrument may be considered a holder in good withinprivateownershiparepresumedtobelong
faith for value, the instrument registered should to the State. Incontrovertible evidence must be
not be forged. (Solivel v. Francisco, G.R. No. shown that the land is alienable or disposable in
51450,Feb.10,1989) ordertoovercomesuchpresumption.

Q: Cipriano, one of Pablos heirs, executed an Note:Itdoesnotnegatenativetitletolandsheldin
extrajudicial settlement of a sole heir and private ownership since time immemorial. (Cruz v.
confirmationsales,declaringhimselfastheonly Secretary of Environment and Natural Resources,
heir and confirmed the sales made in favor of G.R.No.135385,Dec.6,2000)
thespousesRodolfo.Consequently,acertificate
of title was issued in the name of the spouses,
460 CIVILLAWTEAM:

C.CONCEPTOFNATIVETITLE, bypurchasewhilestillcitizensofthePhilippines,
TIMEIMMEMORIALPOSSESSION. from a vendor who has complied with the
requirements for registration under the Public
Q:Whatisanativetitle? Land Act. (Republic v. CA and Lapina, G.R. No.
108998,Aug.24,1994)
A:itreferstoapreconquestrightstolandsand
domains which, as far back as memory reaches, Q: Joe, an alien, invalidly acquired a parcel of
have been held under a claim of private land in the Philippines. He subsequently
ownershipbyIndigenousCulturalCommunitiesof transferred it to Jose, a Filipino citizen. What is
IndigenousPeoples,haveneverbeenpubliclands thestatusofthetransfer?
andarethusindisputablypresumedtohavebeen
heldthatwaybeforeSpanishconquest.(Agcaoili, A:Ifalandisinvalidlytransferredtoanalienwho
p.124,2008ed) subsequently becomes a Filipino citizen or
transfers it to a Filipino, the flaw in the original
Q:Whatistimeimmemorialpossession? transaction is considered cured and the title of
thetransfereeisrenderedvalid.Sincethebanon
A: It refers to a period of time as far back as aliens is intended to preserve the nations land
memory can go, certain Indigenous Cultural for future generations of Filipinos, that aim is
CommunitiesofIndigenousPeoplesareknownto achievedbymakinglawfultheacquisitionofreal
have occupied, possessed in the concept of estate by aliens who became Filipino citizens by
owner, and utilized a defined territory devolved naturalization or those transfers made by aliens
to them, by operation of customary law or to Filipino citizens. As the property in dispute is
inheritedfromtheirancestors,inaccordancewith already in the hands of a qualified person, a
their customs and tradition. (Agcaoili, p. 124, Filipino citizen, there would be no more public
2008ed) policy to be protected. The objective of the
constitutional provision to keep our lands in
III.CITIZENSHIPREQUIREMENT Filipino hands has been achieved. (Borromeo v.
Descallar,G.R.No.159310,Feb.24,2009)
Q: Can an alien acquire a private land in the
Philippines? Q: If Joe had not transferred it to Jose but he,
himself, was later naturalized as a Filipino
A: citizen, will his acquisition thereof remain
GR:Analiencannotacquireprivatelands. invalid?

XPN:Acquisitionbyaliensisallowedwhen: A:No.Ifalandisinvalidlytransferredtoanalien
Itisthruhereditarysuccession. who subsequently becomes a Filipino citizen or
transfers it to a Filipino, the flaw in the original
Note:Successionislimitedonlyto transaction is considered cured and the title of
intestatesuccession the transferee is rendered valid. (Borromeo v.
Descallar,G.R.No.159310,Feb.24,2009)
The alien is a former naturalborn citizen of
the Philippines, provided he only Q: Who may not file an application for
acquires: registration?
1,000squaremetersurbanland;or
1hectareruralland A:PAMP
1. A Public land sales applicant insofar as
Note:Saidlandshouldbeforhisresidence. thelandcoveredbyhissalesapplication
isconcerned
Q: Spouses Pinoy and Pinay, both naturalborn
Filipino citizens, purchased property in the Reason: He acknowledged that he
Philippines. However, they sought its is not the owner of the land and
registrationwhentheywerealreadynaturalized thatthesameisapublicland.
as Canadian citizens. Should the registration de
denied on the ground that they cannot do so, 2. An Antichretic creditor cannot acquire
theybeingforeignnationals? byprescriptionthelandsurrenderedto
himbythedebtor.
A:No.Foreignnationalscanapplyforregistration
oftitleoveraparceloflandwhichtheyacquired
461

Reason:Hispossessionisnotinthe Iftheyarealreadyprivatelands,theconstitutional
conceptofanowner. prohibitionagainstacquisitionsbyaprivate
corporationwouldnotapply.
3. AMortgageeorhissuccessorininterest
to the mortgage, notwithstanding the
lapseoftheperiodforthemortgagorto IV.ORIGINALREGISTRATION
paytheloansecuredtoredeemit
Q:Whatlawsgovernlandregistration?
Reason:Suchactwouldamountto
a pactum commissorium, which is A:
against good morals and public 1. Property Registration Decree (PD 1529,
policy. asamended)
Note: Amended and superseded C.A. No.
4. A person or entity whose claim of 496.
ownership to land had been Previously 2. CadastralAct(Act2259,asamended)
deniedinareinvindicatoryaction. 3. Public Land Act (CA No. 141,as
amended)
Q:Mayacorporationownlands? 4. Emancipation Decree (PD 27, as
amended)
A:Itdepends. 5. ComprehensiveAgrarianReformLawof
Corporation sole can acquire by purchase a 1988(R.A.6657)
parcel of private agricultural land 6. Indigenous Peoples Rights Act (R.A.
without violating the constitutional 8371)
prohibitionsinceithasnonationality.
Q:Whatarethepurposesoflandregistration?
Corporation
PrivateLands A:To:QUIPCC
1. At least 60% Filipino (Sec. 7, 1. Quiet title to the land and to stop
Art.XII,1987Constitution) forever any question as to the legality
2. Restricted as to extent ofsaidtitle;
reasonably necessary to 2. relievelandofUnknownclaims;
enableittocarryoutpurpose 3. guarantee the Integrity of land titles
forwhichitwascreated andtoprotecttheirindefeasibilityonce
3. If engaged in agriculture, it is the claim of ownership is established
restrictedto1,024hectares. andrecognized;
4. give every registered owner complete
Patrimonial property of the State (Sec. Peaceofmind;
3,Art.XII,1987Constitution) 5. issue a Certificate of title to the owner
1. Lease(cannotownlandofthe which shall be the best evidence of his
public domain) for 25 years ownershipoftheland;and
renewable for another 25 6. avoidConflictsoftitleinrealestateand
years tofacilitatetransactions.
2. Limitedto1,000hectares
3. Applies to both Filipinos and Q:Whatisoriginalregistration?
foreigncorporations.
A: It is a proceeding brought before the MTC
Q:Mayacorporationapplyforregistrationofa where there is no controversy or opposition, or
parcelofland? contested lots where the value of which does
notexceedP100,000.00(Sec.4,R.A.7691)orin
A: Yes, through lease not exceeding 1,000 the RTC (as a land registration court) when the
hectares.Suchleaseshallnotexceedtwentyfive value exceeds P100,000 to determine title or
(25) years and renewable for not more than ownershipoflandonthebasisofanapplication
twenty five (25) years. (Sec. 3, Art. XII, 1987 for registration or answer/opposition by a
Constitution) claimantinacadastralregistration.

Note:Determinativeofthisissueisthecharacterof
the parcels of land whether they were still public
or already private when the registration
proceedingswerecommenced.
462 CIVILLAWTEAM:

Q: What are the kinds of original registration? 3. Thosewhohaveacquiredownershipof

Distinguish. private lands or abandoned river beds
byrightofaccessionoraccretion;or
A:
JUDICIAL/ ADMINISTRATIVE/ 4. Thosewhohaveacquiredownershipof
VOLUNTARY/ INVOLUNTARY/ land by any other manner provided by
ORDINARY CADASTRAL law.

Filing with the proper Compulsory 5. Where the land is owned in common,
courtanapplicationby registrationinitiatedby all the coowners shall file the
the private individual the government, to applicationjointly.(Sec.14,PD1529)
himself adjudicate ownership
oflandandinvoluntary Q:Mayprivatecorporationsholdalienablelands
under PD 1529 on the part of the ofpublicdomain?
(Property Registration claimants,buttheyare
Decree) compelled to A: No. The word persons refers to natural
substantiatetheirclaim persons who are citizens of the Philippines.
under Sec. 48 of CA or interest through an Juridicalorartificialpersonsareexcluded. Sec.3,
141(PublicLandAct) answer. Art.XIIofthe1987Constitution prohibits private
corporations or associations from holding
alienable lands of the public domain except by
A.WHOMAYAPPLY lease.

1.UNDERPD1529 Q:Noynoy,Erap,MannyandGiboarecoowners
ofaparcelofland.MayMannyseekregistration
Q:Whenisordinaryregistrationproper? inhisnameofthelandinitsentirety?

A:Whenpropertyisacquiredby: A:Sinceacoownercannotbeconsideredatrue
1. open, continuous, exclusive, and owner of a specific portion until division or
notorious possession and partitioniseffected,hecannotfileanapplication
occupation of alienable and forregistrationofthewholeareawithoutjoining
disposable lands of public domain thecoownersasapplicants.(Agcaoilireviewer,p.
under a bona fide claim of 19,2008ed)
ownership since June 12,1945 or
earlier(OCENCO); Q:Whomayapplyforregistrationofaland
2. prescription; subjecttoa:
3. accessionoraccretion;or
4. anyothermannerprovidedbylaw. 1.Pactoderetrosale?

GR: Vendor a retro may apply for
Q: Who may apply for registration in ordinary registration.
registrationproceedings?
XPN:Vendeearetro,shouldtheperiod
A: forredemptionexpireduringpendency
1. Those who by themselves or through of registration proceedings and
their predecessorsininterest have ownership to property is consolidated
beeninopen,continuous,exclusive,and invendeearetro.
notorious (OCEN) possession and
occupation of alienable and disposable Note: Pacto de retro sale refers to a sale
lands of public domain under a bona withrighttorepurchase.
fide claim of ownership since June
12,1945orearlier; 2.Trust?

2. Thosewhohaveacquiredownershipof GR:Trusteemayapplyforregistration.
private lands by prescription under
provisionsofexistinglaws; XPN: Unless prohibited by the
instrumentcreatingthetrust.

463

Note: Trusteeship or trust is a fiduciary Q: When is a person deemed to possess an
relationship with respect to property imperfecttitleoverproperty?
which involves the existence of equitable
duties imposed upon the holder of the A: When the applicant for confirmation of
titletothepropertytodealwithitforthe imperfect title has shown possession and
benefitofanother occupationthatis:(OCENI)
1. open,
3.Reservatroncal? 2. continuous,
3. exclusiveand
Reservor has the right to apply for 4. notorious
registration but the reservable 5. intheconceptofanowner
character of the property will be
annotatedinthetitle. Q: What is the effect of possession of an
imperfecttitle?
Note: In reserva troncal the ascendant
who inherits from his descendant any
A: When the conditions set by law are complied
property which the latter may have
with, the possessor of the land, by operation of
acquired by gratuitous title from another
ascendant, or a brother or sister, is
law, acquires a right to government grant,
obliged to reserve such property as he without the necessity of a certificate of the title
mayhaveacquiredbyoperationoflawfor beingissued.
thebenefitofrelativeswhoarewithinthe
third degree and who belong to the line Q: In 1913, Gov. Gen. Forbes reserved for
fromwhichsaidpropertycame. provincialparkpurposesaparceloflandwhich,
sometime thereafter, the court ordered
registeredinPalomosname.In1954,thenPres.
2.UNDERCA141 MagsaysayconvertedthelandintotheTiwiHot
SpringNationalPark,underthemanagementof
Q: Who may apply for registration under the theBureauofForestDevelopment.Theareawas
PublicLandActorCANo.141? never released as alienable or disposable. The
Palomos, however, continued to possess the
A: Those who by themselves or through their said property, had introduced improvements
predecessorsininterest have been in open, therein as well as paid real estate taxes. The
continuous, exclusive and notorious possession Republicnowseeksthecancellationofthetitles
and occupation of alienable and disposable overthesubjectland.Shouldthecancellationbe
agricultural lands of the public domain, under a granted?
bonafideclaimofacquisitionorownership,since
June12,1945,exceptwhenpreventedbywarsor A:Yes.Theadversepossessionwhichmaybethe
forcemajeure. basis of a grant of title in confirmation of
imperfect title cases applies only to alienable
Note:Thefollowingconditionsmustconcurinorder lands of the public domain. There is no question
that the benefits of the Public Land Act on the that the lands in the case at bar were not
confirmationofimperfectorincompletetitlemaybe alienablelandsofthepublicdomain.Therecords
availedof: showthatsuchwereneverdeclaredasalienable
and disposable and subject to private alienation
1. theapplicantmustbeaFilipinocitizen; priorto1913uptothepresent.(Sps.Palomo,et.
2. he must have, by himself or through his al.,v.CA,et.al.,G.R.No.95608,Jan.21,1997)
predecessorsininterest, possessed and

occupied an alienable and disposable
Q:Bracewellassertsthathehasarightoftitleto
agriculturalportionofthepublicdomain;
3. such possession and occupation must
a parcel of land having been, by himself and
have been open, continuous, exclusive, through his predecessorsininterest, in xxx
notorious and in the concept of owner, occupation xxx under a bona fide claim of
sinceJune,12,1945;and ownership since 1908. The land has been
4. the application must be filed with the classifiedasalienableordisposableonlyonMay
propercourt. 27, 1972. May his application for confirmation
ofimperfecttitlebegranted?

A:No.Thelandwasonlyclassifiedasalienableor
disposable on May 27, 1972. Prior to said date,
464 CIVILLAWTEAM:

when the subject parcels of land were classified A different rule obtains for forest lands, such as
as inalienable or not disposable, the same could thosewhichformpartofareservationforprovincial
not be the subject of confirmation of imperfect parkpurposes thepossessionofwhichcannotripen
title. There can be no imperfect title to be intoownership.Itiselementaryinthelawgoverning
confirmed over lands not yet classified as naturalresourcesthatforestlandcannotbeowned
disposable or alienable. In the absence of such by private persons. As held in Palomo v. CA, forest
classification,thelandremainsunclassifiedpublic land is not registrable and possession thereof, no
matter how lengthy, cannot convert it into private
land until released and opened to disposition.
property, unless such lands are reclassified and
Indeed, it has been held that the rules on the
considered disposable and alienable. Inthe caseat
confirmation of imperfect title do not apply bar, the property in question was undisputedly
unless and until the land classified as forest land classified as disposable and alienable; hence, the
is released in an official proclamation to that rulinginPalomoisinapplicable.
effect so that it may form part of the disposable
agriculturallandsofthepublicdomain.(Bracewell Q:Whomayapplyforjudicialconfirmation?
v.CA,G.R.No.107427,Jan.25,2000)
A:
Q: In an application for judicial confirmation of 1. Filipino citizens who by themselves or
imperfect title filed by Naguit, the OSG argues through their predecessorsininterest
that the property xxx must first be alienable. have been in open, continuous,
Since the subject land was declared alienable exclusive and notorious possession and
onlyon1980,Naguitcouldnothavemaintained occupation of alienable and disposable
a bona fide claim of ownership since June 12, lands of public domain under a bona
1945, as required by Section 14 of the Property fide claim of acquisition since June 12,
RegistrationDecree,sincepriorto1980,theland 1945 or prior thereto or since time
was not alienable or disposable. Is it necessary immemorial;
underSection14(1)ofthePropertyRegistration
Decree (now Sec. 48 (b) of the Public Land Act) 2. Filipino citizens who by themselves or
that the subject land be first classified as their predecessorsininterest have
alienable and disposable before the applicants been,priortotheeffectivityofPD1073
possessionunderabonafideclaimofownership on January 25, 1977, in open,
couldstart? continuous, exclusive and notorious
possession and occupation of
A:No.Section14(1)merelyrequirestheproperty agricultural lands of the public domain
sought to be registered as already alienable and underabonafideclaimofacquisitionor
disposable at the time the application for ownership for at least 30 years, or at
registration of title is filed. If the State, at the leastsinceJanuary24,1947;
timetheapplicationismade,hasnotyetdeemed
itpropertoreleasethepropertyforalienationor 3. Private domestic corporations or
disposition, the presumption is that the associations which had acquired lands
government is still reserving the right to utilize from Filipino citizens who had
the property; hence, the need to preserve its possessedthesameinthemannerand
ownership in the State irrespective of the length for the length of time indicated in
of adverse possession even if in good faith. paragraphs1&2above;or
However, if the property has already been
classified as alienable and disposable, as it is in 4. Naturalborn citizens of the Philippines
this case, then there is already an intention on whohavelosttheircitizenshipandwho
the part of the State to abdicate its exclusive has the legal capacity to enter into a
prerogative over the property. (Republic v. CA contractunderPhilippinelawsmaybea
andNaguit,G.R.No.144057,Jan.17,2005) transferee of private land up to a
maximumareof5,000sq.m.,incaseof
Note: This case is distinguishable from Bracewell v. urban land, or 3 hectares in case of
CA, where the claimant had been in possession of rural land to be used by him for
the land since 1908 and had filed his application in
businessorotherpurposes.
1963, or nine (9) years before the property was

declared alienable and disposable in 1972. Hence,
registrationwasdenied.TheBracewellrulingwillnot

applyinthiscasebecausehere,theapplicationwas
madeyearsafterthepropertyhadbeencertifiedas
alienableanddisposable.
465

Q: What must an applicant for judicial 3.UNDERRA8371
confirmationprove?
Q: What law governs the ownership and
A: disposition of ancestral lands and ancestral
1. That the land is alienable and domains?
disposablelandofpublicdomain;and
A: RA 8371 of the Indigenous Peoples Rights Act
2. That they have been in open, of 1997 (IPRA) which was enacted October 29,
continuous, exclusive, and notorious 1997. The IPRA is a law dealing with a specific
possession and occupation of the land group of peoples, ie., the Indigenous cultural
for the length of time and in the communitiesortheindigenouspeoples.Thelaw
mannerandconceptprovidedbylaw. allows indigenous peoples to obtain recognition
of their right of ownership over ancestral lands
Note:ExtendedperiodforfilingofapplicationSec. andancestraldomainsbyvirtueofnativetitle.
1, R.A. 9176 provides in part that, The time to be
fixed in the entire archipelago for the filing of B.REGISTRATIONPROCESSANDREQUIREMENTS
applications shall not extend beyond December 31,
2020. Provided that the area applied for does not Q:Whatarethemodesofregisteringlandtitles?
exceed12hectares.
A:Therearetwomodes:
Q: Doldol occupied a portion of land for 32 1. Original registration proceedings
years, since 1959, which was reserved by Pres. under the Property Registration
Aquinoasaschoolsite.Inviewofhisrefusalto Decree(PD1529),and
vacate, the school filed a complaint for accion
possessoria. Who has a better right over the
2. Confirmation of imperfect or
incomplete title under Section
landindispute?
48(b) of the Public Land Act, as

amended.
A: The school has a better right. Doldol has no

imperfecttitleoverthelandbecausehefailedto
Q: What are the steps or requisites in ordinary
meet the requirements provided for under Sec.
registration proceedings and judicial
48(b)ofCANo.141,asamendedbyPD1073,viz:
confirmationofimperfecttitle?

Those who by themselves or through their
predecessorsininteresthavebeeninopen, A:SASTPSAHPIEST
continuous, exclusive and notorious 1. Survey of land by Bureau of Lands
possession and occupation of agricultural or any duly licensed private
lands of the public domain, under a bona surveyor
fideclaimofacquisitionorownership,since 2. Filing of Application for
June 12, 1945, or earlier, immediately registrationbyapplicant
preceding the filing of the application for 3. Settingofdateforinitialhearingby
confirmation of title, except when thecourt
preventedbywarsorforcemajeure. 4. Transmittalofapplicationanddate
of initial hearing together w/ all
While the land is classified as an alienable and documents or other pieces of
disposable tract of public land, thus meeting the evidenceattachedtheretobyclerk
firstrequirement,Doldolcouldnothaveacquired ofcourttoNationalLandTitlesand
an imperfect title to the disputed lot since his Deeds Registration Administration
occupationstartedonlyin1959,muchlaterthan (NALTDRA)
June 12, 1945. Not having complied with the 5. Publication of notice of filing of
conditions set by law, Doldol cannot be said to application and date and place of
haveacquiredarighttothelandinquestionasto hearing
segregate the same from the public domain. 6. Service of notice by sheriff upon
Doldol cannot, therefore, assert a right superior contiguous owners, occupants and
to the school. (Republic v. Doldol, G.R. No. those known to have interest in
132963,Sept.10,1998) theproperty
7. Filing of Answer or opposition to
the application by any person
whether named in the notice or
not
466 CIVILLAWTEAM:

8. Hearingofcasebycourt Q:Whatarethecontentsoftheapplication?
9. Promulgationofjudgmentbycourt
10. Issuance of a decree by court A:DCAMEFARN
declaring the decision final, and 1. Description of the land applied for
instructingtheNALDTRAtoissuea together with the buildings and
decree of confirmation and improvements; the plan approved by
registration Director of Lands and the technical
11. Entry of decree of registration in descriptionsmustbeattached
NALDTRA
12. Sending of copy of the decree of 2. Citizenship and civil status of the
registrationtocorrespondingRD applicant
13. Transcription of decree of a. Ifmarried,nameofspouse
registration in the registration b. If the marriage has been
book and issuance of owners legally dissolved, when and
duplicateoriginalcertificateoftitle how the marriage relation
(OCT) of applicant by RD, upon wasterminated
paymentofprescribedfees
3. Assessed value of the land and the
Note: After judgment has become final and buildings and other improvements
executory, the issuance of decree and OCT is based on the last assessment for
ministerial on the part of LRA and RD. (Aquino, p. taxationpurposes
1415; Agcaoili, Registration Decree and Related
Laws,p.182183) 4. Mannerofacquisitionofland

Q: Are the Rules of Court applicable in land 5. MortgageorEncumbranceaffectingthe
registrationproceedings? land or names of other persons who
may have an interest therein, legal or
A: The Rules of Court could be applied in land equitable
registrationproceedingsinasuppletorycharacter
orwheneverpracticableorconvenient. 6. The court may require Facts to be
stated in the application in addition to
Note:Motiontointerveneinalandregistrationcase those prescribed by the Decree not
isnotallowed. inconsistenttherewithandmayrequire
thefilingofadditionalpapers
1.APPLICATION
7. Full names and addresses of All
FORMANDCONTENTS occupants of the land and those of the
adjoining owners, if known, and if not
Q: What is the form of the application for known, the applicant shall state the
registrationorjudicialconfirmation? extentofthesearchmadetofindthem

A: 8. If the application describes the land as
Inwriting; bounded by a public or private way or
1. Signed by the applicant or person Road, it shall state whether or not the
dulyauthorizedinhisbehalf; applicantclaimsanyportionoftheland
withinthelimitsofthewayorroad,and
2. Sworn to before an officer whether the applicant desires to have
authorized to administer an oath thelineofwayorroaddetermined
for the province or city where the
application was actually signed; 9. IftheapplicantisaNonresidentofthe
and Philippines, he shall file an instrument
appointing an agent residing in the
3. If there is more than 1 applicant, Philippines and shall agree that service
they shall be signed and sworn to ofanylegalprocessshallbeofthesame
byandinbehalfofeach. legal effect as if made upon the
applicantwithinthePhilippines(Sec.16,
PD1529)

467

Q: What documents must accompany the IncasesofdelegatedjurisdictiontotheMTC,appeal
application? isdirectedtothe CA. (Sec. 34, BP 129, as amended
bySec.4,R.A.7691)
A:Allmunimentsoftitlesandcopiesthereofwith
survey plan approved by Bureau of Lands must Q: Does the RTC acting as a land registration
accompanytheapplication. courthavegeneralorlimitedjurisdiction?

Q:Whataremunimentsoftitle? A: Sec. 2 of P.D. No. 1529 has eliminated the
distinction between the general and the limited
A: They are instruments or written evidence jurisdiction of the registration court. All
which the applicant holds/possesses to enable conflictingclaimsofownershipandinterestinthe
himtosubstantiateandprovetitletohisestate. land, and related issues submitted to the court
withorwithouttheunanimityoftheparties,may
Q: If whatis sought tobe registered are twoor now be heard and resolved by the court. The
more parcels of land, must the applicant file court is now authorized to hear and decide not
separateapplicationsforeach? only noncontroversial cases but even
contentious issues which used to be beyond its
A: Generally, yes. However, an application may competence.(AgcaoiliReviewer,p.157158)
include two or more parcels of land as long as
they are situated within the same province or
city. AMENDMENTOFTHEAPPLICATION

WHEREFILED Q:Whenmayanamendmentoftheapplication
behad?
Q:Whereshalltheapplicationbefiled?
A: Amendments to the application including
A:Iftheapplicationcoversasingleparcelofland joinder, substitution, or discontinuance as to the
situatedwithin: partiesmaybeallowedbythecourtatanystage
1. onlyonecityorprovince: of the proceedings upon just and reasonable
RTCorMTC,asthecasemaybe,ofthe terms.(Sec.19,PD1529)
province or city where the land is
situated. Q:Whomayorderthatanamendmentbedone?

2. twoormoreprovincesorcities: A:Thecourtmayatanytime,orderanapplication
a. Whenboundariesarenotdefined to be amended by striking out one or more
in the RTC or MTC of the place parcelsoflandorbyseveranceoftheapplication.
where it is declared for taxation (Sec.18,PD1529)
purposes.
b. When boundaries are defined Q: What are the requirements in amending the
separate plan for each portion application?
mustbemadebyasurveyoranda
separate application for each lot A:
mustbefiledwiththeappropriate Publication
RTCorMTC.
1. Mailing of notice Within 7 days after
Note: MeTC, MCTC, and MTC has jurisdiction to publicationofsaidnoticeintheOGto:
decide cadastral and land registration cases, a. Personsnamedinthenotice
provided: b. Secretary of Public Highways,
1. There is no controversy or opposition Provincial Governor, and Mayor, if
(uncontestedlots);or theapplicantrequeststohavethe
2. Value of contested lots does not exceed line of a public way or road
P100,000(Sec.4,R.A.7691) determined
c. Secretary of Agrarian Reform,
Inothercases,theRTChasjurisdiction. Solicitor General, Director of
Lands, Director of Fisheries, and
JurisdictionoftheMTCswasdelegatedthroughthe
Director of Mines, if the land
JudiciaryReorganizationActof1980(R.A.7691).
borders on a river, navigable

stream, or shore, or on an arm of
theseawhereariverorharborlies
468 CIVILLAWTEAM:

d. Other persons as the court may b. Substitution means the replacement

deemproper of one of the parties in a lawsuit
because of events that prevent the
Note: Service of notice upon partyfromcontinuingwiththetrial.
contiguous owners is indispensable
and lack of service constitutes c. Discontinuance means the voluntary
extrinsicfraud. terminationoflitigationbyaplaintiff
who has elected not to pursue it or
Posting In conspicuous place on by both parties pursuant to a
subject land and on bulletin board of settlement.
the municipal building for at least
fourteen (14) days before the initial Note: This may be allowed by the
courtatanystageoftheproceedings
hearing.
uponjustandequitableterms.

Q:Ispublicationandnoticenecessaryincasethe
3. Anamendmentduetochangeofname
applicationisamended?
oftheapplicant.

A:Publicationandnoticearenecessarywherethe
2.PUBLICATIONOFNOTICEOFFILINGOF
amendmenttotheapplicationconsistsin:SIA
APPLICATIONANDDATEANDPLACEOF
HEARING
1. Substantialchangeintheboundaries

2. Increaseintheareaofthelandapplied
Q: What are the purposes of the publication
for
requirement for notice of the filing of the
3. TheinclusionofAdditionalland
applicationandthedateandplaceofhearing?

Note: If amendment includes a parcel of
land not previously included in the
A:To:
application as published, a new 1. chargethewholeworldwithknowledge
publication of the amended application of the application of the land involved,
mustbemade(Inclusion). andinvitethemtotakepartinthecase
and assert and prove their rights over
Withoutsuchpublication,theregistration thesubjectland;and
court cannot acquirejurisdictionover the 2. conferjurisdictionoverthelandapplied
areathatisadded. foruponthecourt.

Q:Whenispublicationnotnecessaryincasethe Note: The settled rule is that once the registration
applicationisamended? courthadacquiredjurisdictionoveracertainparcel,
orparcelsoflandintheregistrationproceedingsby
A: virtue of the publication of the application, that
1. If the amendment consists in the jurisdictionattachestothelandorlandsmentioned
exclusion of a portion of the area anddescribedintheapplication.
covered by the original application and
the original plan as previously Q: May publication of the notice of filing of
published, a new publication is not application and date and place of hearing be
necessary(Exclusion). dispensedwith?

Note: In this case, the jurisdiction of the A: No. Publication of the notice of filing of
courtisnotaffectedbythefailureoffiling application and date and place of hearing is
anewapplication. mandatory.

2. Amendments to the application Q:Wheremustthesaidnoticebepublished?
including joinder, substitution or
discontinuanceastotheparties. A:
1. Once in the Official Gazette (OG) this
a. Joindermeansjoiningoftwoormore confersjurisdictionuponthecourt;and
defendantsorplaintiffsinvolvedina 2. Once in a newspaper of general
single claim, or where two or more circulation
claims or remedies can be disposed
ofinthesamelegalproceedings.
469

Note:PublicationintheOfficialGazetteissufficient land, failure to publish the bigger area
to confer jurisdiction upon the court. (Sec. 23, P.D. (insubstantial inclusion) does not perforce
1529) affectthecourtsjurisdiction.

DEFECTIVEPUBLICATION 3.OPPOSITION

Q:Whenispublicationdefective? Q: What are the requisites for a valid
opposition?
A:Thereisadefectivepublicationinthefollowing
instances: A:
1. Where what was published in the 1. Setforthobjectionstotheapplication;
Official Gazette is the description of a 2. Stateinterestclaimedbyoppositor;
bigger lot which includes the lands 3. Applyfortheremedydesired;and
subjectofregistration. 4. Signedandsworntobyhimorbysome
otherdulyauthorizedperson.
Reasons:
a. Sec. 15, PD 1529 requires thatthe Note: The opposition partakes of the nature of an
application for registration should answerwithacounterclaim.
containthedescriptionoftheland
subject of registration and this is Q: Who may be an oppositor to the application
thedescriptiontobepublished; forregistrationorjudicialconfirmation?
b. It is the publication of specific
boundaries of lands to be A: Any person whether named in the notice or
registered that would actually put not,provided,hisclaimofinterestintheproperty
the interested parties on notice of applied for is based on a right of dominion or
the registration proceedings and some other real right independent of, and not
enable them, if they have rights subordinateto,therightsofthegovernment.
and interests in the property, to
show why the application for Q: Who may be proper oppositors in specific
registrationshouldnotbegranted; cases?
c. Theadjoiningownersofthebigger
lotwouldnotbethesameowners A:Thefollowingmaybeproperoppositors:
of the smaller lots subject of 1. A homesteader who has not yet been
registration. Hence, notice to issued his title but who had fulfilled all
adjoining owners of the bigger lot theconditionsrequiredbylawtoentitle
is not notice to those of the himtoapatent.
smallerlots. 2. A purchaser of friar land before the
issuanceofthepatenttohim.
2. Where the actual publication of the 3. Persons who claim to be in possession
notice of initial hearing was after the of a tract of public land and have
hearingitself. appliedwiththeBureauofLandsforits
purchase.
Q:Whatistheeffectofadefectivepublication? 4. TheGovernmentrelativetotherightof
foreshore lessees of public land as the
A:Itdeprivesthecourtofjurisdiction. lattersrightsisnotbasedondominion
orrealrightindependentoftherightof
GR: If it is later shown that the decree of thegovernment.
registration had included land or lands not
included in the publication, then the Q: May a private person oppose registration on
registration proceedings and the decree of thegroundthatthelandsoughttoberegistered
registration must be declared null and void isownedbythegovernment?
but only insofar as the land not included in
the publication concerned. But the A: No. A private person may not oppose an
proceedings and the decree of registration, applicationforregistrationonthegroundthatthe
relatingtothelandsthatwereincludedinthe landappliedforisapropertyofthegovernment.
publication,arevalid. (Agcaoili,p.172,2006)

XPN: However, if the difference is not as
substantialaswouldaffecttheidentityofthe
470 CIVILLAWTEAM:

Q: Should an oppositor have title over the A:Whenthereisnoopposition,allallegationsin

disputedland? theapplicationaredeemedconfessedonthepart
oftheopponent.
A: No. The oppositor need not show title in
himself; he should however appear to have Q: What if a certificate of title was issued
interestintheproperty.(Agcaoili,p.171,2006) covering nonregistrable lands without the
government opposing such, is the government
Q: Should an oppositors interest over the land estoppedfromquestioningthesame?
belegalormayitbemerelyequitable?
A: The government cannot be estopped from
A: It is immaterial whether his interest is in the questioning the validity of the certificates of
character of legal owner or is of a purely title, which were granted without opposition
equitablenatureaswhereheisabeneficiaryofa from the government. The principle of estoppel
trust. doesnotoperateagainstthegovernmentforthe
actsofitsagents.
ABSENCEOFOPPOSITIONORFAILURETO
OPPOSEDEFAULT Q: If an order of general default is issued, may
thecourtautomaticallygranttheapplication?
Q:Whenmayapersonbedeclaredindefaultin
landregistrationproceedings? A: No. Even in the absence of an adverse claim,
theapplicantstillhastoprovethathepossesses
A:Apersonmaybedeclaredindefaultifhefails all the qualifications and none of the
tofileanopposition. disqualifications to obtain the title. If he fails to
do so, his application will not be granted.
Q:Whatistheeffectoffailuretooppose? (AgcaoiliReviewer,p.174,2008)

A:OrderofdefaultThecourtshall,uponmotion Q: What is the remedy of a person who was
of the applicant, no reason to the contrary declaredindefaultbythecourt?
appearing, order a default to be recorded and
requireapplicanttopresentevidence. A:
1. Motion to set aside default order A
Q:Ajudgedeclaredindefaultanoppositorwho defaulted interested person may gain
had already filed with the court an opposition standing in court by filing such motion
based on substantial grounds for his failure to at any time after notice thereof and
appear at the initial hearing of the application beforejudgment,uponpropershowing
for registration. Is the default order proper? If that:
not,whatishisremedy? a. hisfailuretoanswer(orfilean
oppositionasinordinaryland
A:No,itisnot.Failureoftheoppositortoappear registration case) was due to:
attheinitialhearingisnotagroundfordefault.In FAME:
whichcase,hisproperremedyistofileapetition i. Fraud
for certiorari to contest the illegal declaration or ii. Accident
orderofdefault,notanappeal.(Agcaoili,p.175, iii. Mistake
2006) iv. ExcusableNeglect
b. andthathehasameritorious
Q: What is the effect of an order of default in defense.(Sec.3,Rule9,Rules
landregistrationproceedings? ofCourt)

A:Adefaultorderinlandregistrationproceedings 2. Petition for Certiorari Failure of the
is entered against the whole world, so that all oppositor to appear at the initial
persons, except only the parties who had hearing is not a ground for default. In
appeared and filed pleadings in the case, are whichcase,hisproperremedyistofile
boundbysaidorder. a petition for certiorari not later than
sixty(60)daysfromnoticeofjudgment,
Q: What is the effect of the absence of an orderorresolutiontocontesttheillegal
opposition as regards allegations in the declaration or order of default, not an
application? appeal.(Sec.4,Rule65,RulesofCourt)

471

Note: The petition shall be filed not later publicland,otherwise,publiclands,regardlessof
than 60days from noticeof theorder. In their classification, can be subject of registration
caseamotionforreconsiderationornew of private titles, as long as the applicant shows
trialistimelyfiled,whethersuchmotionis that he meets the required years of possession.
requiredornot,thepetitionshallbefiled The applicant must establish the existence of a
not later than 60 days counted from the positive act of the government, such as a
noticeofthedenialofthemotion.(Sec.4, presidential proclamation or an executive order;
Rule65,RulesofCourt)
administrativeaction;reportsofBureauofLands

investigators and a legislative act or a statute.
4.EVIDENCE
(Republic v. Ceniza, G.R. No. 127060, Nov. 19,

2002)
Q:Whatmusttheapplicantforlandregistration

prove?
EVIDENCEOFIDENTITYOFTHELAND

A:Theapplicantmustprove:DIP
Q: What may be presented as proof of the
1. Declassification That the land applied
identityofthelandsoughttoberegistered?
forhasbeendeclassifiedandisapublic

agricultural land, alienable and 2
A:ST D
disposable or otherwise capable of
1. Surveyplaningeneral
registration;
2. Tracingclothplanandblueprintcopies
2. Identityoftheland;and
ofplan
3. Possession and occupation of the land
3. Technicaldescriptionoftheland
for the length of time and in the
4. TaxDeclarations
mannerrequiredbylaw.

Q: In an application for judicial confirmation of
EVIDENCEOFDECLASSIFICATION
imperfect title, is submission of the original

tracingclothplanmandatory?
Q: What may constitute sufficient proof to

establish declassification of land from forest to
A: Yes. The Supreme Court declared that the
alienableordisposable,oragricultural?
submissionofthetracingclothplanisastatutory

requirementofmandatorycharacter.Theplanof
A:POEMCIL
thelandmustbedulyapprovedbytheDirectorof
1. Presidentialproclamation
Lands, otherwise the same have no probative
2. Administrative Order issued by the
value. (Director of Lands v. Reyes, G.R. No. L
Secretary of Environment and Natural
27594,Nov.28,1975)
Resources

3. Executiveorder Note: However, under LRA Circular 052000, only a
4. Bureau of Forest Development (BFD) certifiedcopyoftheoriginaltracingclothplanneed
LandClassificationMap be forwarded to the LRA (Agcaoili, Reviewer in
5. CertificationbytheDirectorofForestry, propertyregistrationandrelatedproceedings,p.52,
andreportsofDistrictForester 2008ed)
6. InvestigationreportsofBureauofLands
investigator Although mere blue print copies were presented in
7. Legislativeact,orbystatute(Aquino,p. courtasevidence,theoriginaltracingclothplanwas
63,2007ed) attachedtotheapplicationforregistrationandwas
available to the court for comparison. Hence, the
Q: The Cenizas applied for registration of their approvalofregistrationwasproper(Republicv.IAC,
title over a parcel of public land which they G.R.No.L70594,Oct.10,1986)
inherited. Without presenting proof that the
land in question is classified as alienable or Q: In case of conflict between areas and
disposable, the court granted the application, boundaries,whichprevails?
holding that mere possession for a period as
provided for by law would automaticallyentitle A:
thepossessortherighttoregisterpubliclandin GR:Boundariesprevailoverarea.
hisname.Wasthecourtrulingcorrect?
XPNs:
A: No. Mere possession for a period required by Boundaries relied upon do not identify land
lawisnotenough.Theapplicanthastoestablish beyonddoubt.
firstthedisposableandalienablecharacterofthe
472 CIVILLAWTEAM:

Boundaries given in the registration plan do applicant but in the name of the
not coincide with outer boundaries of deceasedparentsofanoppositor.
the land covered and described in the
munimentsoftitle. Reason: Possession of applicant is not
completely adverse or open, nor is it
EVIDENCEOFPOSSESSIONANDOCCUPATION trulyintheconceptofanowner.

Q:Whatmayconstituteproofofpossession? 5. Holding of property by mere Tolerance
oftheowner.
A:Toprovepossession,itisnotenoughtosimply
declare ones possession and that of the Reason:Holder isnotintheconceptof
applicantspredecessorsininteresttohavebeen owner and possessory acts no matter
adverse, continuous, open, public, peaceful and howlongdonotstarttherunningofthe
inconceptofownerfortherequirednumberof periodofprescription.
years.Theapplicantshouldpresentspecificfacts
to show such nature of possession because bare 5. Where applicants Tacked their
allegations, without more, do not amount to possessiontothatoftheirpredecessor
preponderant evidence that would shift the ininterestbuttheydidnotpresenthim
burden to the oppositor. (Diaz v. Republic, G.R. as witness or when no proofs of what
No.141031,Aug.31,2004) acts of ownership and cultivation were
performedbythepredecessor.
Q: What are some specific overt acts of
possession which may substantiate a claim of Q:MauricioandCarmencitatestifiedtoestablish
ownership? their claim over the subject lots. When the
application was granted, the OSG appealed,
A: arguing that weight should not be given to the
1. Introducing valuable improvements on selfservingtestimoniesofthetwo;thattheirtax
thepropertylikefruitbearingtrees; declaration is not sufficient proof that they and
2. Fencingthearea; their parents have been in possession of the
3. Constructing a residential house property for at least thirty years, said tax
thereon;or declarationbeingonlyfortheyear1994andthe
4. Declaring the same for taxation propertytaxreceiptspresentedbythemwereall
purposes. of recent dates. Are the said pieces of evidence
sufficient to establish actual possession of land
Note: Evidence to beadmissiblemust, however,be for the period required by law thus warranting
credible, substantial and satisfactory (Agcaoili thegrantoftheapplication?
Reviewer,p.147,1999ed)
A: No. Their bare assertions of possession and
Q:Whatareinsufficientproofsofpossession? occupation by their predecessorsininterest are
hardly "the wellnigh incontrovertible" evidence
A:COF3T required in cases of this nature. Proof of specific
1. Mere Casual cultivation of portions of acts of ownership must be presented to
thelandbyclaimant. substantiate their claim. They cannot just offer
general statements which are mere conclusions
Reason:Possessionisnotexclusiveand oflawthanfactualevidenceofpossession.
notorious so as to give rise to a
presumptivegrantfromtheState. The law speaks of possession and occupation.
Possessionisbroaderthanoccupationbecauseit
2. PossessionofOtherpersonsintheland includes constructive possession. When,
applied for impugns the exclusive therefore, the law adds the word occupation, it
qualityoftheapplicantspossession. seeks to delimit the all encompassing effect of
constructivepossession.Takentogetherwiththe
3. Mere failure of Fiscal representing the wordsopen,continuous,exclusiveandnotorious,
Statetocrossexaminetheapplicanton the word occupation serves to highlight the fact
theclaimedpossession. that for an applicant to qualify, his possession
mustnotbeamerefiction.
4. Tax declaration of land sought to be
registered which is not in the name of
473

Actual possession of a land consists in the conclusion that there was abandonment
manifestationofactsofdominionoveritofsuch ofhisrighttotheproperty.
anatureasapartywouldnaturallyexerciseover
hisownproperty.(Republicv.Alconaba,G.R.No. 3. Otherkindsofproof.
155012,Apr.14,2004)
E.g.Testimonialevidence(i.e.accretion
Note: Wellnigh incontrovertible evidence refers isonalandadjacenttoariver).
tothedegreeofproofofregistrablerightsrequired
bylawinregistrationproceedings. Note: Any evidence that accretion was
formed through human intervention
Q: Are tax declarations presented by them negatestheclaim.
sufficientproofofpossessionandoccupationfor
therequisitenumberofyears? 4. Presidential issuances and legislative
acts.
A: No. The records reveal that the subject
property was declared for taxation purposes by Note: It is constitutive of a fee simple
the respondents only for the year 1994. While title or absolute title in favor of the
belated declaration of a property for taxation grantee.
purposes does not necessarily negate the fact of
possession, tax declarations or realty tax Q:Aretaxdeclarationsorpaymentofrealtytax
payments of property are, nevertheless, good conclusiveevidenceofownership?
indicia of possession in the concept of an owner,
fornooneinhisrightmindwouldbepayingtaxes A: No. Tax declarations or realty tax payment of
forapropertythatisnotinhisactualor,atleast, property are not conclusive evidence of
constructive possession. (Republic v. Alconaba, ownership. However, they are good indicia of
G.R.No.155012,Apr.14,2004) possessionintheconceptofanowner,fornoone
in his right mind would be paying taxes for a
EVIDENCEOFPRIVATEOWNERSHIP property that is not in his actual or at least
constructive possession. They constitute at least
Q: What are the proofs of private ownership of proofthattheholderhasaclaimoftitleoverthe
land? property.

A:STOP Note: The voluntary declaration of a piece of
1. Spanishtitle,impendingcases. property for taxation purposes manifests not only
onessincereandhonestdesiretoobtaintitletothe
property and announces his adverse claim against
Note: However, Spanish titles are now
the State and all other interested parties, but also
inadmissible and ineffective as proof of
the intention to contribute needed revenues to the
ownership in land registration
Government. Such an act strengthens ones bona
proceedingsfiledafterAug.16,1976.Itis
fide claim of acquisition of ownership. (Agcaoili,
mere indicia of a claimof ownership that
Reviewer in property registration and related
the holder has a claim of title over the
property. proceedings,p.155,2008ed;Aquino,p.7576)

2. Taxdeclarationandtaxpayments. Q: Agustin executed an Affidavit of Transfer of
RealPropertywhereDucatistoperformallthe
Note: While tax declarations and real necessary procedures for the registration and
estate tax receipts are not conclusive acquisition of title over several parcels of land
evidence of ownership, if presented as possessed and occupied by Agustin. Before
documentaryevidencecoupledwithproof Ducat was able to accomplish his task, Agustin
actual possession for the period required died and Bernardo administered theproperties.
bylawoftheland,theyaregoodevidence Ducat then filed an Application for Free Patent
ofownership. overtheland,whichwasgranted.Theparcelsof
landwereregisteredinthenamesofDucatand
Even if belatedly declared for taxation Kiong. The heirs of Bernardo sought the
purposes, it does not negate possession reconveyanceof theland withdamagesbut did
especially if there is no other claimant of notquestiontheauthenticityoftheagreement.
theland. Whoistherightfulowneroftheproperty?

Mere failure of the owner of the land to
pay the realty tax does not warrant a
474 CIVILLAWTEAM:

A:ThespousesDucatandKiong.TheAffidavitof 29, P.D. 1529, Agcaoili, Reviewer in property

Transfer of Real Property proved Ducats registrationandrelatedproceedings,p.158,2008
ownership of the property. It stated that Ducat ed; Agcaoili, Registration Decree and Related
bought the subject property from Cecilio and Laws,p.1516)
Bernardo. The heirs did not question the
authenticityanddueexecutionofsaiddocument. 5.JUDGMENTANDDECREE
Itconstitutesanadmissionagainstinterestmade OFREGISTRATION
byBernardo,petitioners'predecessorininterest.
Q: What must a judgment in land registration
Bernardo's admission against his own interest is proceedingscontain?
binding on his heirs. The heirs' predecessorin
interest recognized Ducat and Kiong as the legal A: When judgment is rendered in favor of the
ownerofthelotindispute. plaintiff,thecourtshallordertheentryofanew
certificate of title and the cancellation of the
Thus, there is no proof that the titling of the original certificate and owners duplicate of the
subject property was fraudulently obtained by formerregisteredowner.
Ducat and Kiong in their names. (Heirs of
Bernardo Ulep v. Sps. Cristobal Ducat and Flora Q:Whatisdecreeofregistration?
Kiong,G.R.No.159284,Jan.27,2009)
A: It is a document prepared in the prescribed
Q: What proofs are insufficient to establish form by the LRA Administrator, signed by him in
privateownershiporrightoverland? the name of the court, embodying the final
disposition of the land by the court and such
A: other data found in the record, including the
1. Compromise agreement among parties name and other personal circumstances of the
to a land registration case where they adjudicate, the technical description of the
have rights and interest over the land property, liens and encumbrances affecting it,
and allocated portions thereof to each and such other matters as determined by the
ofthem. court in its judgment (Agcaoili Reviewer, p. 169.
2008; Agcaoili, Registration Decree and Related
Note: Assent of Director of Lands and Laws,p.508)
Director of Forest Management to
compromiseagreementdidnotandcould Q: In a registration case, the court rendered a
notsupplytheabsenceofevidenceoftitle decision granting Reyes application, hence the
requiredoftheapplicant. DirectorofLandsappealed.Reyesmovedforthe
issuance of a decree of registration pending
2. Decision in an estate proceeding of a appeal.Mayhismotionbegranted?
predecessorininterest of an applicant
which involves a property over which A: No. Innocent purchasers may be misled into
the decedent has no transmissible purchasing real properties upon reliance on a
rights,andinothercaseswhereissueof judgment which may be reversed on appeal. A
ownership was not definitely passed Torrens title issued on the basis of a judgment
upon. that is not final is a nullity as it violates the
explicitprovisionsoftheLRA,whichrequiresthat
3. Surveyplanofaninalienableland. a decree shall be issued only after the decision
adjudicating the title becomes final and
Note: Such plan does not convert such executory. (Dir. of Lands v. Reyes, G.R. No. L
landintoalienableland,muchlessprivate 27594,Nov.28,1975)
property.

Q: After final adjudication in a land registration

Q: After due hearing for registration, what will
proceeding, Pepito and his family took
thecourtdo?
possessionofthelandsubjectoftheregistration
proceedings. Don Ramon moved for their

A:Ifthecourt,afterconsideringtheevidenceand
summary ouster from the land. Rule on his
reportoftheLRA,findsthattheapplicantorthe
motion.
oppositor has sufficient title proper for

registration, it shall render judgment confirming
A: It should be denied. Persons who are not
thetitleoftheapplicant,ortheoppositor,tothe
parties to registration proceedings who took
landorportionsthereof,asthecasemaybe.(Sec.
475

possession of the land after final adjudication of in1965XsoldittoY,newtitlesweresuccessively
thesamecannotbesummarilyoustedbyamere issuedinthenamesofthesaidpurchasers.
motion. The remedy is to resort to the courts of
justice and institute a separate action for In 1977, C filed an action to annul the deeds of
unlawful entry or detainer or for reinvidicatory saletoF,XandYandtheirtitles,ontheground
action,asthecasemaybe.Regardlessofanytitle thathe(C)hadbeeninactualphysicalpossession
orlackoftitleofsaidperson,hecannotbeousted of the land, and that the sale to F and the
without giving him a day in court in a proper subsequent sales should be set aside on the
independent proceeding. (Agcaoili, Reviewer in groundoffraud.Uponmotionofdefendants,the
property registration and related proceedings, p. trial court dismissed the complaint, upholding
167,2008ed) theirdefensesoftheirbeinginnocentpurchasers
for value, prescription and laches. Plaintiff
Q:Whatdoesadecreeofregistrationcover? appealed.

A:Onlyclaimedpropertyoraportionthereofcan Is the said appeal meritorious? Explain your
be adjudicated. A land registration court has no answer
jurisdictiontoadjudgealandtoapersonwhohas
neverassertedanyrightofownershipthereof. Theappealisnotmeritorious.Thetrialcourtruled
correctlyingrantingdefendant'smotiontodismiss
Q: May the court render a partial judgment in forthefollowingreasons:
landregistrationproceedings?
1. While there is the possibility that F, a
A: Partial judgment is allowed in a land former lessee of the land was aware of
registration proceeding, where only a portion of the fact that C was the bona fide
theland,subjectofregistrationiscontested,the occupantthereofandforthisreasonhis
court may render partial judgment provided that transfer certificate of title may be
a subdivision plan showing the contested land vulnerable,thetransferofthesameland
and uncontested portions approved by the andtheissuanceofnewTCTstoXandY
Director of Lands is previously submitted to said who are innocent purchasers for value
court. render the latter's titles indefeasible. A
persondealingwithregisteredlandmay
Q:Whatistheeffectofadecreeofregistration? safely rely on the correctness of the
certificateoftitleandthelawwillnotin
A: The decree of registration binds the land, any way oblige him to go behind the
quiets title, subject only to such exceptions or certificatetodeterminetheconditionof
liensasmaybeprovidedbylaw. the property in search for any hidden
defectorinchoaterightwhichmaylater
It is conclusive upon all persons including the invalidate or diminish the right to the
national government and all branches thereof. land. This is the mirror principle of the
And such conclusiveness does not cease to exist TorrensSystemoflandregistration.
whenthetitleistransferredtoasuccessor.
2. The action to annul the sale was
Note: Title once registered cannot be impugned, instituted in 1977 or more than (10)
altered, changed, modified, enlarged or diminished, yearsfromthedateofexecutionthereof
exceptinadirectproceedingpermittedbylaw. in1957,hence,ithaslongprescribed.

Q: In 1950s, the Government acquired a big UnderSec.45,Act496,theentryofacertificate
landed estate in Central Luzon from the oftitleshallberegardedasanagreementrunning
registeredownerforsubdivisionintosmallfarms withtheland,andbindingupontheapplicantand
andredistributionofbonafideoccupants.Fwasa allhissuccessorsintitlethatthelandshallbeand
formerlesseeofaparcelofland,fivehectaresin always remain registered land. A title under Act
area. After completion of the resurvey and 496isindefeasibleandtopreservethatcharacter,
subdivision, F applied to buy the said land in the title is cleansed anew with every transfer for
accordance with the guidelines of the value(DeJesusv.CityofManila,G.R.No.L26816,
implementing agency. Upon full payment of the Feb.28,1967;Laperalv.CityofManila,G.R.No.L
pricein1957,thecorrespondingdeedofabsolute 16991,Mar.31,1964;Penullarv.PNB,G.R.No.L
sale was executed in his favor and was 32762Jan.27,1983)
registered,andin1961,anewtitlewasissuedin
hisname.In1963,FsoldthesaidlandtoX;and
476 CIVILLAWTEAM:

Suppose the government agency concerned Q: How may possession of property be

joined C in filing the said action against the obtained?
defendants, would that change the result of the
litigation?Explain. A:Possessionofthepropertymaybeobtainedby
filinganexpartemotionwiththeRTCcourtofthe
Even if the government joins C, this will not alter provinceorplacewherethepropertyissituated.
the outcome of the case so much because of Uponfilingofthemotionandtherequiredbond,
estoppel as an express provision in Sec. 45, Act itbecomesaministerialdutyofthecourttoorder
496 and Sec. 31, PD 1529 that a decree of theissuanceofawritofpossessioninfavorofthe
registration and the certificate of title issued in purchaser. After the expiration of the oneyear
pursuance thereof shall be conclusive upon and periodwithoutredemptionbeingeffectedbythe
against all persons, including the national propertyowner,therightofthepurchasertothe
government and all branches thereof, whether possession of the foreclosed property becomes
mentioned by name in the application or not. absolute. (PNB v. Sanao Marketing Corporation,
(1990BarQuestion) G.R.No.153951,July29,2005)

Q:Maythecourtreopenthejudgmentordecree Q: PNCB purchased a parcel of land in a
ofregistration? foreclosure sale and applied for a writ of
possession after the lapse of more than 1 year.
A: The court has no jurisdiction or authority to Onappeal,however,itwasheldthatthewritof
reopen the judgment or decree of registration, possession cannot be issued because the
nor impair the title or other interest of a foreclosure sale, upon which it is based, was
purchaser holding a certificate for value and in infirm.Issaidrulingcorrect?
goodfaith,orhisheirsandassigns,withouthisor
theirwrittenconsent. A: No. Any question regarding the regularity and
validity of the sale, as well as the consequent
ENTRYOFDECREEOFREGISTRATION cancellationofthewrit,istobedeterminedin a
subsequent proceeding as outlined in Sec. 8, Act
Q: What are the effects of the entry of the 3135, as amended by Act 4118. Such question is
decreeofregistrationintheNationalLandTitles nottoberaisedasajustificationforopposingthe
andDeedsRegistrationAuthority(NALDTRA)? issuanceofthewritofpossession,since,underthe
Act,theproceedingisexparte.
A:
1. This serves as the reckoning date As the purchaser of the properties in the extra
to determine the 1year period judicialforeclosuresale,thePNCBisentitledtoa
from which one can impugn the writ of possession therefore. The basis of this
validityoftheregistration. right to possession is the purchasers ownership
2. 1 year after the date of entry, it oftheproperty.Merefilingofanexpartemotion
becomes incontrovertible, and for the issuance of the writ of possession would
amendments will not be allowed suffice,andnobondisrequired.(Sulitv.CA,G.R.
exceptclericalerrors.Itisdeemed No.119247,Feb.17,1997)(Agcaoili,Registration
conclusiveastothewholeworld. DecreeandRelatedLaws,p.508509)
3. Putsanendtolitigation.
Q: Against whom may a writ of possession be
WRITOFPOSSESSION issued?

Q:Whatiswritofpossession? A:Inaregistrationcase,awritofpossessionmay
beissuedagainst:
A:Itisawritemployedtoenforceajudgmentto 1. Thepersonwhohasbeendefeatedina
recover the possession of land, commanding the registrationcase;and
sheriff to enter into the land and give the 2. Any person adversely occupying the
possession thereof to the person entitled under land or any portion thereof during the
thejudgment.(Pineda,Property,p.45,1999ed) land registration proceedings up to the
issuance of the final decree (Agcaoili
Note:Itmaybeissuedonlypursuanttoadecreeof Reviewer,p.167,2008ed)
registration in an original land registration
proceeding.
477

Q: Yano filed an application for registration Q: Does petition for the issuance of a writ of
which was granted. Consequently, a writ of possessionprescribe?
possession was issued. Vencelao, who occupies
theland,contendsthathewasnotthedefeated A:
oppositorinthecase,henceawritofpossession GR:No.
may not be issued against him. May a writ of
possessionbeissuedagainstVencelao? XPN: If a party has once made use of the
benefit of a writ of possession, he cannot
A: Yes. In a registration case, the judgment again ask for it, if afterwards he loses
confirmingthetitleoftheapplicantandordering possessionofthepropertyobtainedbyvirtue
the registration in his name necessarily carried oftheoriginalwrit.
with it the delivery of possession which is an
inherentelementoftherightofownership. 6.DECREEOFCONFIRMATIONAND
REGISTRATION
A writ of possession may be issued not only
against the person who has been defeated in a Q: What is decree of confirmation and
registration case but also against anyone registration?
unlawfully and adversely occupying the land or
any portion thereof during the land registration A: It is issued by LRA after finality of judgment,
proceedingsuptotheissuanceofthefinaldecree. and contains technical description of land. It is
(Vencelaov.Yano,G.R.No.25660,Feb.20,1993) subjectonlytoanappeal.

Q:Ifthecourtgrantedtheregistration,mustthe It is conclusive evidence of the ownership of the
applicant move for the issuance of a writ of land referred to therein and becomes
possession in case he is deprived of possession indefeasible and incontrovertible after one year
over the land subject of the registration from the issuance of the decree. (Agcaoili
proceedings? Reviewer,p.169)

A: Q: Differentiate decree of confirmation and
Yes,ifitisagainst: registrationfromdecreeofregistration.
1. thepersonwhohasbeendefeatedina
registrationcase;and A:Decreeofregistrationisissuedpursuanttothe
2. any person adversely occupying the Property Registration Decree, where there
land or any portion thereof during the already exists a title which is confirmed by the
land registration proceedings up to the court.
issuanceofthefinaldecree.
Decreeofconfirmationandregistrationoftitleis
No,ifitisagainstpersonswhotookpossessionof issuedpursuanttothePublicLandAct,wherethe
the land after final adjudication of the same ina presumption always is that the land applied for
registration proceeding. In which case, the pertainstotheState,andthattheoccupantsand
remedyisfileaseparateactionfor: possessors only claim an interest in the same by
virtueoftheirimperfecttitleorcontinuous,open,
1. unlawfulentry; and notorious possession. (Limcoma Multi
2. unlawfuldetainer;or PurposeCooperativev.Republic,G.R.No.167652,
3. reinvindicatory action, as the case may July10,2007)
be,andonlyafterafavorablejudgment
cantheprevailingpartysecureawritof Q: What is the doctrine of noncollateral attack
possession. (Agcaoili Reviewer, p. 168, ofadecreeortitle?
2008 ed, citing Bernas v. Nuevo, G.R.
No.L58438,Jan.31,1984) A: A decree of registration and registered title
cannotbeimpugned,enlarged,altered,modified,
or diminished either in collateral or direct
proceeding, after the lapse of one year from the
dateofitsentry.

478 CIVILLAWTEAM:

Q:Differentiatedirectfromcollateralattack. Q: If an attack is made thru a counterclaim,

should it be disregarded for being a collateral
A: attack?
DIRECTATTACK COLLATERALATTACK
Itismadewhen,inanother A: No. A counterclaim is also considered an
actiontoobtainadifferent originalcomplaint,andassuch,theattackonthe
Theissuesare
relief,anattackonthe title is direct and not collateral. (Agcaoili
raisedinadirect
judgmentismadeasan Reviewer,p.264.2008)
proceedinginan
incidentinsaidaction.
actioninstituted
C.REMEDIESIN.REGISTRATIONPROCEEDINGS
forthat
e.g.Torrenstitleisquestioned
purpose.
intheordinarycivilactionfor Q:Whataretheremediesofanaggrievedparty
recoveryofpossession inregistrationproceedings?

Q: Valentins homestead application was A:RADARCANQP
approved. After 19 years of possession, his 1. Relieffromjudgment
occupation was interrupted when Arcidio 2. Appeal
forcibly entered the land. He filed an action for 3. ActionforDamages
recoveryofpossessionwhichwasgranted. 4. Action for Compensation from the
AssuranceFund
In his appeal, may Arcidio seek the nullity of 5. ActionforReconveyance
Valentinstitle,invokingasdefensetherulingof 6. Cancellationofsuits
the Director of Lands in an administrative case 7. Annulmentofjudgment
thatValentinhasneverresidedinsaidlandand 8. Newtrial
declared that the homestead patent was 9. Quietingoftitle
improperlyissuedtohim? 10. PetitionforReview(ofaDecree)

A: No, a collateral attack is not allowed. It was APPEAL
erroneousforArcidiotoquestiontheTorrensOCT
issued to Valentin in an ordinary civil action for Q:Inlandregistrationcases,withinwhatperiod
recovery of possession filed by the registered mayanappealbefiled?
ownerValentinofthesaidlot,byinvokingas
affirmativedefenseinhisanswertheOrderofthe A:Itmustbefiledwithin15daysfromreceiptof
Bureau of Lands issued pursuant to the thejudgmentorfinalorderappealedfrom.
investigatory power of the Director of Lands
underSection91ofPublicLandLaw(CANo.141 Q:Whichcourtshaveappellatejurisdictionover
as amended). Such a defense partakes of the landregistrationcases?
nature of a collateral attack against a certificate
oftitlebroughtundertheoperationoftheTorrens A:UnderPD1529,judgmentsandordersinland
systemofregistrationpursuanttoSec.122,Land registration cases are appealable to the CA or to
RegistrationAct,nowSec.103,PD1259.(Ybanez theSCinthesamemannerasordinaryactions.
v.IAC,G.R.No.68291,Mar.6,1991)
Q: Who may file an appeal in land registration
Q:Inacaseforrecoveryofpossessionbasedon cases?
ownership, is a thirdparty complaint to nullify
thetitleofthethirdpartydefendantconsidered A:Onlythosewhoparticipatedintheproceedings
adirectattackonthetitle? caninterposeanappeal.

A:Iftheobjectofthethirdpartycomplaintisto Q:Inlandregistrationcases,mayapartyvalidly
nullify the title of the thirdparty defendant, the moveforexecutionpendingappeal?
thirdparty complaint constitutes a directattack
onthetitlebecausethesameisinthenature of A: No. A motion for execution pending appeal is
an original complaint for cancellation of title. not applicable to land registration proceedings.
(AgcaoiliReviewer,p.264.2008) Thereasonistoprotectinnocentpurchasers.

479

PETITIONFORREVIEW Q: What is the purpose of an action for
reconveyance?
Q: What are the requisites of a petition for
reviewofthedecree? A: An action for reconveyance does not aim or
purport to reopen the registration proceedings
A: and set aside the decree of registration but only
Petitionerhasarealright; to show that the person who secured the
Hehasbeendeprivedthereof; registrationofthequestionedpropertyisnotthe
The deprivation is through fraud real owner thereof. The action, while respecting
(actual/extrinsic); the decree as incontrovertible, seeks to transfer
Petition is filed within 1 year from issuance or reconvey the land from the registered owner
ofthedecree;and totherightfulowner.
The property has not yet passed to an
innocentpurchaserforvalue. Note:Thisactionmaybefiledevenafterthelapseof
1 year from entry of the decree of registration as
Q: In land registration cases, when may a long as the property has not been transferred or
petitionforreviewbefiled? conveyedtoaninnocentpurchaserforvalue.

A:Anypersonmayfileapetitionforreviewtoset Q: What are the grounds and their
aside the decree of registration on the ground corresponding period for filing an action for
that he was deprived of their opportunity to be reconveyance?
heard in the original registration case not later
than1yearaftertheentryofthedecree. A:
GROUNDS PRESCRIPTIVEPERIOD
Q:Onwhatgroundsmayapetitionforreviewbe 4yearsfromthediscoveryofthe
filed? fraud(deemedtohavetaken
placefromtheissuanceofthe
A: originalcertificateoftitle)
1. That a land belonging to a person
Fraud Note:TheStatehasan
hasbeenregisteredinthenameof
another or that an interest has imprescriptiblerighttocausethe
reversionofapieceofproperty
beenomittedintheapplication;
belongingtothepublicdomainif
2. Registration has been procured titlehasbeenacquiredthrough
thruactualfraud; fraudulentmeans.
3. Petitioner is the owner of thesaid 10yearsfromthedateofthe
propertyorinteresttherein; issuanceoftheOCTorTCT.
4. Property has not been transferred Itdoesnotapplywherethe
toaninnocentpurchaserforvalue; Impliedor
personenforcingthetrustisin
5. Actionisfiledwithinoneyearfrom Constructive
actualpossessionoftheproperty
the issuance and entry of the Trust
becauseheisineffectseekingto
decreeofregistration;or quiettitletothesamewhichis
6. Actualfraudmustbeutilizedinthe imprescriptible.
procurementofthedecreeandnot ExpressTrust Notbarredbyprescription
thereafter VoidContract Imprescriptible

Note:Whatiscontemplatedbylawis
Q: In 1987, an Emancipation Patent OCT was
extrinsicfraud.(Garinganv.Garingan,G.R.
issuedinRemysfavor.In1998,Madarietafileda
No.144095,Apr.12,2005)
Complaint for Annulment and Cancellation of

the OCT against Remy before the DARAB,
RECONVEYANCE
allegingthattheDepartmentofAgrarianReform

(DAR) mistakenly included her husbands lot as
Q:Whatisactionforreconveyance?
part of Luspos property where Remys house

was constructed and that it was only on 1997
A: It is an action seeking to transfer or reconvey
thatshediscoveredsuchmistake.IsMadarietas
thelandfromtheregisteredownertotherightful
actionbarredbyprescription?
owner.

A: Yes. Considering that there appears to be a

mistake in the issuance of the subject
480 CIVILLAWTEAM:

emancipation patent, the registration of the title in behalf of the Republic of the Philippines a
tothesubjectpropertyinRemysnameislikewise complaintforcancellationofthefreepatentand
erroneous, and consequently, Remy holds the the OCT issued in the name of Melvin and the
property as a mere trustee. An action for reversion of the land to public domain on the
reconveyance based on an implied or ground of fraud and misrepresentation in
constructivetrustprescribesin10yearsfromthe obtaining the free patent. On the same date,
issuance of the Torrens title over the property. PercivalsuedMartinforthereconveyanceofLot
The title over the subject land was registered in B.
Remys name in 1987 while Madarieta filed the
complainttorecoverthesubjectlotonlyin1998. Melvin filed his answers interposing the sole
Morethan11yearshadlapsedbeforeMadarieta defenseinbothcasesthattheCertificateofTitle
institutedtheactionforannulmentofthepatent issued in his name became incontrovertible and
OCT, which in essence is an action for indefeasibleuponthelapseofoneyearfromthe
reconveyancetheremedyoftherightfulowner issuanceofthefreepatent.
of the erroneously registered property. It is thus
barred by prescription. (Rementizo v. Heirs of Given the circumstances, can the action of the
Vda. De Madarieta, G.R. No. 170318, Jan. 15, Solicitor General and the case for reconveyance
2009) filedbyPercivalpossiblyprosper?

Note: In an action for reconveyance, the decree of A:Iffraudbediscoveredintheapplicationwhich
registration is respected as incontrovertible but ledtotheissuanceofthepatentandCertificateof
whatissoughtinsteadisthetransferoftheproperty Title, this Title becomes ipso facto null and void.
wrongfully or erroneously registered in anothers Thus, in a case where a person who obtained a
name to its rightful owner or to one with a better freepatent,knowinglymadeafalsestatementof
right. The person in whose name the land is material and essential facts in his application for
registeredholdsitasameretrustee. the same, by stating therein that the lot in
question was part of the public domain not
Q: If the ground relied upon for an action for occupiedorclaimedbyanyotherperson,histitle
reconveyance is fraud, what is the period for becomes ipso facto canceled and consequently
filingthesame? renderednullandvoid.

A: If ground relied upon is fraud, action may be It is to the public interest that one who succeeds
filed within 4 years from discovery thereof. Infraudulentlyacquiringtitletopubliclandshould
Discovery is deemed to have taken place when notbeallowedtobenefittherefromandtheState,
said instrument was registered. It is because through the Solicitor General, may file the
registrationconstitutesconstructivenoticetothe correspondingactionforannulmentofthepatent
wholeworld. and the reversion of the land involved to the
public domain (Dinero v. Director of Lands;
Q: On September 10, 1965, Melvin applied for a Kayaban v. Republic L33307, Aug. 20, 1973;
freepatentcoveringtwolotsLotAandLotB Director of Lands vs. Animas, L37682, Mar. 29,
situated in Santiago, Isabela. Upon certification 1974).
by the Public Land Inspector that Melvin had
been in actual, continuous, open, notorious, Thisactiondoesnotprescribe.
exclusiveandadversepossessionofthelotssince
1925, the Director of Land approved Melvin's WithrespecttoPercival'sactionforreconveyance,
application on 04 June 1967. On December 26, it would have prescribed, having been filed more
1967, Original Certificate of Title (OCT) No. P thanten(10)yearsafterregistrationandissuance
2277wasissuedinthenameofMelvln. of an OCT in the name of Melvin, were it not for
the inherent infirmity of the latter's title. Under
On September 7, 1971, Percival filed a protest the facts, the statute of limitations will not apply
allegingthatLotBwhichhehadbeenoccupying toPercivalbecauseMelvinknewthatapartofthe
and cultivating since 1947 was included in the land covered by his title actually belonged to
Free Patent issued in the name of Melvin. The Percival.So,insteadofnullifyingintotothetitleof
Director of Lands ordered the investigation of Melvin, the court, in the exercise of equity and
Percival's protest. The Special Investigator who jurisdiction, may grant prayer for the
conducted the investigation found that Percival reconveyanceofLotBtoPercivalwhohasactually
hadbeeninactualcultivationofLotBsince1947. possessed the land under a claim of ownership
since 1947. After all, if Melvin's title is declared
OnNovember28,1986,theSolicitorGeneralfiled
481

voidabinitioandthelandisrevertedtothepublic reconveythetitletoherasthelegitimateowner
domain, Percival would just the same be entitled oftheland.
to preference right to acquire the land from the
government. Besides, well settled is the rule that May the court cancel the notice of lis pendens
once public land has been in open, continuous, evenbeforefinaljudgmentisrendered?Explain.
exclusive and notorious possession under a
bonafideclaimofacquisitionofownershipforthe A:Anoticeoflispendensmaybecancelledeven
periodprescribedbySec.48,PublicLandAct,the before final judgment upon proper showing that
same ipso jure ceases to be public and in the notice is for the purpose of molesting or
contemplation of law acquired the character of harassing the adverse party orthat the noticeof
privateland.Thus,reconveyanceofthelandfrom lispendensisnotnecessarytoprotecttherightof
MelvintoPercivalwouldbethebetterprocedure. thepartywhocauseittoberegistered.(Sec.77,
(Vital v. Anore, G.R. No. L4136, Feb. 29, 1952; PD1529)
Pena, Land Titles and Deeds, p. 427, 1982 ed)
(1997BarQuestion) In this case, it is given that Rachelle is the
legitimateownerofthelandinquestion.Itcanbe
Q:Rommelwasissuedacertificateoftitleovera said,therefore,thatwhenshefiledhernoticeof
parcel of land in Quezon City. One year later, lis pendens her purpose was to protect her
Rachelle, the legitimate owner of the land, interest in the land and not just to molest
discovered the fraudulent registration obtained Rommel.Itisnecessarytorecordthelispendens
by Rommel. She filed a complaint against to protect her interest because if she did not do
Rommel for reconveyance and caused the it,thereisapossibilitythatthelandwillfallinto
annotation of a notice of lis pendens on the thehandsofaninnocentpurchaserforvalueand
certificate of title issued to Rommel. Rommel in that event, the court loses control over the
now invokes the indefeasibility of his title land making any favorable judgment thereon
considering that one year has already elapsed mootandacademic.Forthesereasons,thenotice
fromitsissuance.Healsoseeksthecancellation of lis pendens may not be cancelled. (1995 Bar
ofthenoticeoflispendens. Question)

Will Rachelles suit for reconveyance prosper? Q:Juan, et. al. seek reconveyance of the
Explain. property, imputing fraud to Ines, without
adducingevidence,sayingthatsheusedaforged
A:Yes,Rachellessuitwillprosperbecauseallthe affidavittoobtaintitleoverthepropertydespite
elements of an action for reconveyance are fullknowledgethatsheownedonly1/5portion
present,namely: thereof.Note that when Ines applied for a free
1. Rachelle is claiming dominical rights patentovertheproperty,Juan,et.al.filedtheir
overtheproperty; claims, but when the Bureau of Lands denied
2. Rommel procured his title to the land theirclaims,theydidnotcontestsuchdenialany
byfraud; further.Shouldthereconveyancebegranted?
3. The action was brought within the
statutory period of four years from A:No.ItappearsthattheywerenotifiedofInes
discovery of the fraud and not later application for free patent and were duly
than 10 years from the date of afforded the opportunity to object to the
registrationofRommelstitle;and registration and to substantiate their claims,
4. Titletothelandhasnotyetpassedinto whichtheyfailedtodoandtheynevercontested
thehandsofaninnocentpurchaserfor the order of the Bureau of Lands disregarding
value. theirclaims.Thiscouldonlymeanthattheyeither
agreed with the order or decided to abandon
Rommelcaninvoketheindefeasibility ofhistitle theirclaims.
if Rachelle had filed a petition to reopen or
review the decree of registration. But Rachelle Also, they failed to prove fraud in the execution
instead filed an ordinary action in personam for oftheaffidavitusedbyInestoobtaintitletothe
reconveyance. In the latter action, indefeasibility disputed property. No evidence was adduced by
is not a valid defense, because in filing such them to substantiate their allegation that their
action, Rachelle is not seeking to nullify nor to signatures therein were forged. It is not for
impugn the indefeasibility of Rommels title. She private respondents to deny forgery. The burden
is only asking the court to compel Rommel to of proof that the affidavit of waiver is indeed
spurious restson petitioners. Yet, even as they
482 CIVILLAWTEAM:

insist on forgery, they never really took serious Q:Whataretherulesasregardscancellationof

efforts in establishing such allegation by certificatesoftitlebelongingtodifferentpersons
preponderant evidence. Mere allegations of overthesameland?
fraudarenotenough.Intentionalactstodeceive
and deprive another of his right or in some A: Where two certificates are issued to different
manner injure him, must be specifically alleged personscoveringthesameland,thetitleearlierin
andproved.(Brusasv.CA,G.R.No.126875,Aug. date must prevail. The latter title should be
26,1999) declarednullandvoidandorderedcancelled.

DAMAGES Q: What is meant by prior est temporae, prior
estinjura?
Q:Whenmayanactionfordamagesberesorted
toinlandregistrationcases? A:Itisaprinciplewhichmeanshewhoisfirstin
time is preferred in right. (Agcaoili Reviewer, p.
A: It may be resorted to when a petition for 189,1999ed)
review and an action for reconveyance is no
longer possible because the property has passed Q:Pablooccupiedaparceloflandsince1800.In
to an innocent purchaser for value and in good 1820,hewasissuedacertificateoftitleoversaid
faith. land.In1830,however,thelandwasreclassified
asalienableanddisposable,asitwasoriginallya
Q: When will an action for damages in land forestland.In1850,Pedrowasabletoobtaina
registrationcasesprescribe? certificate of title over the same land. Upon
learning of such, Pablo sought to have Pedros
A: An ordinary action for damages prescribes in titledeclarednullandvoid.Decide.
ten (10) years after the issuance of the Torrens
titleovertheproperty. A: As a general rule, the earlier in date must
prevail. However, this principle cannot apply if it
CANCELLATIONSUIT is established that the earlier title was procured
through fraud or is otherwise jurisdictionally
Q:Whatiscancellationsuit? flawed.(Republicv.CAandGuido,et.al.,G.R.No.
84966, Nov. 21, 1991). The rule is valid only
A: It is an action for cancellation of title brought absent any anomaly or irregularity tainting the
byaprivateindividual,allegingownershipaswell process of registration. Where the inclusion of
as the defendants fraud or mistake, as the case land in the certificate of title of prior date is a
may be, in successfully obtaining title over a mistake, the mistake may be rectified by holding
disputedlandclaimedbytheplaintiff.(Aquino,p. thelatterofthetwocertificatestobeconclusive.
155,2007ed) (Legarda v. Saleeby, G.R. No. 8936, Oct. 2, 1915)
Since the earlier title was issued when the
Q:Whenisresorttoacancellationsuitproper? disputedlandwasstillanonregistrableproperty,
the same may be challenged through a
A: cancellationsuitandmaybedeclaredasnulland
1. Whentwocertificatesoftitleareissued void.Pedrostitlemustprevail.
to different persons covering the same
parceloflandinwholeorinpart; QUIETINGOFTITLE

2. When certificate of title is issued Q:Whatisactionforquietingoftitle?
coveringanonregistrableproperty;or
A:Itisanactionthatisbroughttoremoveclouds
3. Other causes such as when the on the title to real property or any interest
certificateoftitleisissuedpursuanttoa therein, by reason of any instrument, record,
judgment that is not final or when it is claim, encumbrance, or proceeding which is
issued to a person who did not claim apparentlyvalidoreffectivebutisintruthandin
and applied for the registration of the fact invalid, ineffective, voidable or
landcovered.(Aquino,p.141,2007ed) unenforceable, and may be prejudicial to said
title.

483

Q:Whomayfileanactiontoquiettitle? A: A reconstituted title, by itself, does not
determine or resolve the ownership of the land
A: covered by the lost or destroyed title. The
Registeredowner; reconstitution of a title is simply the reissuance
A person who has an equitable right or ofalostduplicatecertificateoftitleinitsoriginal
interestintheproperty;or form and condition. It does not determine or
TheState. resolvetheownershipofthelandcoveredbythe
lost or destroyed title. A reconstituted title, like
Note: the original certificate of title, by itself does not
CriminalactionStatemaycriminallyprosecutefor vest ownership of the land or estate covered
perjury the party who obtains registration through thereby.(Alonso,et.al.v.CebuCountryClubInc.,
fraud,suchasbystatingfalseassertionsinthesworn G.R.No.130876,Dec.5,2003)
answer required of applicants in cadastral
proceedings. Q: May a writ of possession be issued in a
petitionforreconstitution?
ActionfordamagesFiledinanordinaryactionfor

damagesifthepropertyhaspasseduntothehands
A: No, because, reconstitution does not
ofaninnocentpurchaserforvalue.
adjudicateownershipovertheproperty.Awritof

possessionisissuedtoplacetheapplicantowner
REMEDYINCASEOFLOSSOR
inpossession.
DESRUCTIONOFCERTIFICATEOFTITLE:

Q: What are the elements of reconstitution of
Q: What is theremedy in casea person losthis
certificatesoftitle?
certificateoftitle?

A:
A:Itdepends.
1. Certificatehasbeenlostordestroyed;
1. If what is lost is the OCT or TCT
2. Petitioner is the registered owner or
Reconstitutionofcertificateoftitle;
hasaninteresttherein;and
2. If, however, it is the duplicate of the
3. Certificate was in force at the time it
OCT or TCT Replacement of lost
waslostordestroyed.
duplicatecertificateoftitle.

Q: What are the jurisdictional requirements in
RECONSTITUTIONOFCERTIFICATEOFTITLE
petitionsforreconstitutionoftitle?

Q: What is the remedy in case a certificate of
A:Noticethereofshallbe:
titleislostordestroyed?
1. Published twice in successive issues of

theOfficialGazette;
A: Remedy is reconstitution of lost or destroyed
2. Posted on the main entrance of the
certificate of title in the office of Register of
provincialbuildingandofthemunicipal
DeedsinaccordancewithR.A.26.(Aquino,p.454,
building of the municipality or city,
2007ed)
wherethelandissituated;and

3. Sentbyregisteredmailtoeveryperson
Q:Whatisreconstitutionofcertificateoftitle?
namedinsaidnotice

A: The restoration of the instrument which is
Note: The above requirements are mandatory and
supposed to have been lost or destroyed in its
jurisdictional.
originalformandcondition,underthecustodyof

RegisterofDeeds.
Q:Whatarethekindsofreconstitutionoftitle?

Q:Whatisthepurposeofreconstitutionoftitle?
A:

1. Judicial partakes the nature of a land
A: To have the same reproduced, after proper
registration proceeding in rem. The
proceedings, in the same form they were when
registered owners, assigns, or any
thelossordestructionoccurred.
person having an interest in the

property may file a petition for that
Q: Does reconstitution determine ownership of
purpose with RTC where property is
landcoveredbyalostordestroyedcertificateof
located. RD is not the proper party to
title?
filethepetition.

484 CIVILLAWTEAM:

2. Administrativemaybeavailedofonly 3. Certified copy of such certificate,

incaseof: previously issued by the Register of
a. Substantial loss or destruction of Deeds
the original land titles due to fire, 4. Deed of transfer of other document
flood, or other force majeure as containing description of property
determined by the Administrator covered by thetransfer certificate of
oftheLandRegistrationAuthority title and on file with the Registry of
b. The number of certificates of title Deeds, or an authenticated copy
lostordamagedshouldbeatleast thereof
10% of the total number in the 5. Deed or mortgage, lease or
possession of the Office of the encumbrance containing description
RegisterofDeeds ofpropertycoveredbythecertificate
c. In no case shall the number of oftitleandonfilewiththeRegistryof
certificatesoftitlelostordamaged Deeds, or an authenticated copy
belessthanP500 thereof
d. Petitionermusthavetheduplicate 6. Any other document which, in the
copyofthecertificateoftitle(R.A. judgment of the court, is sufficient
6732) andproperbasisforreconstitution

Note: The law provides for retroactive application Administrativereconstitution
thereof to cases 15 years immediately preceding 1. Owners duplicate of the certificate of
1989. title
2. Coowners, mortgagees or lessees
Q: From what sources may a certificate of title duplicateofsaidcertificate
bereconstituted?
REPLACEMENTOF
A: (Agcaoili, Registration Decree and Related LOSTDUPLICATECERTIFICATEOFTITLE
Laws,p.757758)
Q: If what is lost or destroyed is the duplicate
Judicialreconstitution title,isreconstitutiontheproperremedy?
ForOCT(inthefollowingorder):
1. Owners duplicate of the certificate A:No.Whentheduplicatetitleofthelandowner
oftitle islost,theproperpetitionisnotreconstitutionof
2. Coowners, mortgagees or lessees title, but one filed with the court for issuance of
duplicateofsaidcertificate newtitleinlieuofthelostcopy.
3. Certified copy of such certificate,
previously issued by the Register of Q: Who are the persons entitled to a Duplicate
Deeds CertificateofTitle?
4. Authenticated copy of the decree of
registration or patent, as the case A:
may be, which was the basis of the 1. Registeredowner
certificateoftitle 2. Eachcoowner
5. Deed or mortgage, lease or
encumbrance containing description Q: What are the requirements for the
ofpropertycoveredbythecertificate replacementoflostduplicatecertificateoftitle?
oftitleandonfilewiththeRegistryof
Deeds, or an authenticated copy A:
thereof 1. Due notice under oath shall be sent by
6. Any other document which, in the the owner or by someone in his behalf
judgment of the court, is sufficient totheRegisterofDeedsoftheprovince
andproperbasisforreconstitution or city where the land lies as soon as
thelossortheftisdiscovered.
ForTCT(inthefollowingorder): 2. Petitionforreplacementshouldbefiled
1. Owners duplicate of the certificate with the RTC of the province or city
oftitle wherethelandlies.
2. Coowners, mortgagees or lessees 3. NoticetoSolicitorGeneralbypetitioner
duplicateofsaidcertificate is not imposed by law but it is the
Register of Deeds who should request
485

for representation by the Solicitor 2. Title is replaced by one issued under a
General. cadastralproceeding;or
4. A proceeding where the certificate of 3. When condition for its issuance has
titlewasnotinfactlostordestroyedis beenviolatedbytheregisteredowner.
nullandvoidforlackofjurisdictionand
the newly issued duplicate is null and SURRENDEROF
void. WITHHELDDUPLICATECERTIFICATEOFTITLE

AMENDMENTORCORRECTIONOFTITLE Q: What are the grounds for surrender of
withheldduplicatecertificateoftitle?
Q: What are the grounds for amendment or
correctionofcertificateoftitle? A:
1. When it is necessary to issue a new
A:When: certificate of title pursuant to any
1. registered interests of any description, involuntary instrument which divests
whethervested,contingentorinchoate thetitleoftheregisteredowneragainst
haveterminatedandceased; hisconsent;
2. new interests have arisen or been 2. Where a voluntary instrument cannot
created which do not appear upon the beregisteredbyreasonoftherefusalor
certificate; failure of the holder to surrender the
3. any error, omission or mistake was ownersduplicatecertificateoftitle;or
made in entering a certificate or any 3. Wheretheownersduplicatecertificate
memorandum thereon or on any is not presented for amendment or
duplicatecertificate; alterationpursuanttoacourtorder.
4. the name of any person on the
certificatehasbeenchanged; REVERSION
5. theregisteredownerhasbeenmarried,
or registered as married, the marriage Q:Whatismeantbyreversion?
hasterminatedandnorightorinterest
of heirs or creditors will thereby be A: It is an action instituted by the government,
affected; through the Solicitor General, for cancellation of
6. a corporation, which owned registered certificateoftitleandtheconsequentialreversion
land and has been dissolved, has not ofthelandcoveredtherebytotheState.(Aquino,
conveyedthesamewithin3yearsafter p.154,2007ed)
itsdissolution;or
7. there is a reasonable ground for the Note: The difference between reversion suit and
amendmentoralterationoftitle. actionfordeclarationofnullityoftitleisthatinthe
former,theallegationsinthecomplaintwouldadmit
Q: What are the requisites for the amendment State ownershipof thedisputedland. On the other
orcorrectionoftitle? hand,actionfordeclarationofnullityoftitlerequires
allegation of the plaintiffs ownership of the
A:FREONU contestedlotpriortotheissuanceoffreepatentand
certificateoftitle.(Aquino,p.155,2007ed)
1. ItmustbeFiledintheoriginalcase;

2. BytheRegisteredownerorapersonin
Q:Whendoesreversionapply?
interest;

3. OngroundsEnumerated;
A:Generally,reversionappliesinallcaseswhere
4. AllpartiesmustbeNotified;
lands of public domain and the improvements
5. ThereisUnanimityamongthem;and
thereon and all lands are held in violation of the
6. OriginaldecreemustnotbeOpened.
Constitution.(AgcaoiliReviewer,p.221,1999ed)

CANCELLATIONOFTITLE
Q: What are the grounds for reversion of lands

coveredbyapatent?
Q: What are the grounds for cancellation of

title?
A:

1. Violation of Sec.s 118, 120, 121 and
A:
122, Public Land Act (e.g. alienation or
1. Whentitleisvoid;
sale of homestead executed within the
5yearprohibitoryperiod
486 CIVILLAWTEAM:

2. When land patented and titled is not Q: What is the procedure in cadastral
capableofregistration registration?
3. Failure of the grantee to comply with
theconditionsimposedbylawtoentitle A:
himtoapatentgrant 1. Cadastralsurvey
4. Whentheareaisanexpandedarea 2. Filingofpetition
5. When the land is acquired in violation 3. Publicationofnoticeofinitialhearing
of the Constitution (e.g. land acquired 4. Filingofanswer
by an alien may be reverted to the 5. Hearingofcase
State) 6. Decision
7. Issuanceofdecree&certificateoftitle
Q: Luis filed a complaint for annulment of title
involvingaforeshorelandwhichwasgrantedin Q: What is the extent of authority of cadastral
Flores favor, alleging that his application courts?
thereforwasgrantedbythegovernment.IsLuis
therealpartyininterestwithauthoritytofilea A: The cadastral court is not limited to merely
complaint for annulment of title of foreshore adjudicationofownershipinfavorofoneormore
land? claimants. If there are no successful claimants,
thepropertyisdeclaredpublicland.
A: No. In all actions for the reversion to the
Government of lands of the public domain or Cadastral courts do not have the power to
improvements thereon, the Republic of the determine and adjudicate title to a lot already
Philippinesistherealpartyininterest.Theaction covered by homestead patent to a person other
shallbeinstitutedbytheSolicitorGeneralorthe thanapatentee.
officer acting in his stead, in behalf of the
Republic of thePhilippines. Petitioners must first Cadastral court possesses no authority to award
lodgetheircomplaintwiththeBureauofLandsin damages.
orderthatanadministrativeinvestigationmaybe
conducted under Sec. 91, Public Land Act. Note: A parcel of forestland is within the exclusive
(Manesev.Sps.Velasco,G.R.No.164024,Jan.29, jurisdictionoftheBureauofForestryandbeyondthe
2009) power and jurisdiction of the cadastral court to
registerundertheTorrenssystem.
Note:Indefeasibilityoftitle,prescription,lachesand
estoppeldonotbarreversionsuits. V.SUBSEQUENTREGISTRATION

Q:Whatissubsequentregistration?
D.CADASTRALLANDREGISTRATION
A: It is where incidental matters after original
Q:Whatiscadastralregistration? registration may be brought before the land
registration court by way of motion or petition
A:Itisaproceedinginrem,initiatedbythefiling filed by the registered owner or a party in
of a petition for registration by the government, interest.
notbythepersonsclaimingownershipoftheland
subjectthereof,andthelatterare,onthepainof Q: What are the rules as to the necessity and
losing their claim thereto, in effect compelled to effectsofsubsequentregistration?
gotocourttomakeknowntheirclaimorinterest
therein, and to substantiate such claim or A:
interest. GR: The mere execution of deeds of sale,
mortgages, leases or other voluntary
Q:Whatisthepurposeofcadastralregistration? documentsservesonly2purposes:
1. as a contract between the
A: Here, the government does not seek the partiesthereto
registration of land in its name. The objective of 2. as evidence of authority to
the proceeding is the adjudication of title to the the RD to register such
landsorlotsinvolvedinsaidproceeding. documents(Sec.51,PD1529)

XPN: Wills that purport to convey or
affectaregisteredland.
487

Note:Itisonlytheactofregisteringtheinstrument Reason: Such is the willful act of the owner. It is
intheRDoftheprovinceorthecitywheretheland presumed that he is interested in registering the
lies which is the operative act that conveys instrument.
ownership or affects the land insofar as third
personsareconcerned(Sec.51,PD1529). Yes,incaseofinvoluntarytransfer.

Theact ofregistrationcreates aconstructivenotice Reason: Such registration is contrary to the
tothewholeworldofsuchvoluntaryorinvoluntary
interestsoftheowner.Mereentryisenough.
instrument or court writ or process. (Sec. 52, PD

1529)
Note:Thefactthatnotransfercertificateoftitlehas

as yet been issued by the RD in the name of the
Q:Ismereregistrationintheentryordaybook vendor, cannot detract from the rights of a
of the deed of sale without the presentation of purchaserforvalueandingoodfaithentitledtothe
the duplicate certificate enough to effect protection of law, once the deed of sale has been
conveyance? recordedinthedaybook.Whatremainstobedone
liesnotwithinhispowertoperform.
A:Itdepends.
When a land subject of a sale is registered in the
No,incaseofvoluntarytransfer. name of the purchaser, registration takes effect
retroactively as of the date the deed was noted in
theentrybookbytheRD.

Q:Differentiatevoluntaryfrominvoluntarydealingsinland?

A:
VOLUNTARYDEALINGS INVOLUNTARYDEALINGS
Concept
Refertosuchwrit,orderorprocessissuedbyacourtof
recordaffectingregisteredlandwhichbylawshouldbe
Refertodeeds,instrumentsordocumentswhicharethe registeredtobeeffective,andalsotosuchinstruments
resultsoffreeandvoluntaryactsofthepartiesthereto which are not the willful acts of the registered owner
and which may have been executed even without his
knowledgeoragainsthisconsent
Kinds
1. Sale
2. Realpropertymortgage
1. Attachment
3. Lease
2. Saleonexecutionofjudgmentorsalesfor
4. Pactoderetrosale
taxes
5. Extrajudicialsettlement
3. Adverseclaims
6. Freepatent/homestead
4. Noticeoflispendens
7. Powersofattorney
8. Trusts
EffectsofRegistration
An innocent purchaser for value of registered land
becomestheregisteredownerthemomenthepresents
andfilesadulynotarizedandvaliddeedofsaleandthe Entry thereof in the day book of the RD is sufficient
same is enteredin the day book and at the sametime notice to all persons even if the owners duplicate
he surrenders or presents the owners duplicate certificateoftitleisnotpresentedtotheRD
certificate of title covering the land sold and pays the
registrationfees
Requirementtopresenttitle
Needtopresenttitletorecordthedeedinregistryand No presentation required; annotation in entry book is
tomakememorandumontitle sufficient

488 CIVILLAWTEAM:

VOLUNTARYDEALINGS SALEONEXECUTION

Q:Mustvoluntarydealingsberegistered? Q:Whatissaleonexecution?

A: No. Registration is not a requirement for A: A sale of property by the sheriff under
validity of the contract as between the parties. authority of a court's writ of execution in order
However, the act of registration shall be the satisfyanunpaidobligation.
operativeacttoconveyoraffectthelandinsofar
asthirdpartiesareconcerned.(AgcaoiliReviewer, ADVERSECLAIM
p.276,1999ed)
Q:Whatisadverseclaim?
Q: What are the requirements for registrability
of deeds and other voluntary acts of A:Itisanotice tothirdpersonsthatsomeoneis
conveyance? claiming an interest on the property or has a
better right than the registered owner thereof,
A:PIPE and that any transaction regarding the disputed
1. Presentation of owners duplicate landissubjecttotheoutcomeofthedispute.
certificate whenever any duly executed
voluntary instrument is filed for Q:Whenisaclaimofinterestadverse?
registration;
2. Inclusion of one extra copy of any A:
document of transfer or alienation of 1. Claimantsrightorinterestinregistered
realproperty,tobefurnishedtothecity landisadversetotheregisteredowner;
orprovincialassessor; 2. Suchrightarosesubsequenttothedate
3. Paymentofprescribedregistrationfees oforiginalregistration;or
andrequisitedocstamps;and 3. No other provision is made in the
4. Evidence of full payment of real estate decreefortheregistrationofsuchright
taxasmaybedue. orclaim.

Q: What is the effect of registration of such Q:Whataretheformalrequisitesofanadverse
voluntarydealings? claimforpurposesofregistration?

A:It: A:WNR
1. creates a lien that attaches to the 1. Adverse claimant must state the
propertyinfavorofthemortgagee;and followinginWriting:
2. constitutes constructive notice of his a. hisallegedrightorinterest;
interest in the property to the whole b. how and under whom such alleged
world. rightofinterestisacquired;
c. descriptionofthelandinwhichthe
B.INVOLUNTARYDEALINGS rightorinterestisclaimed;and
d. certificateoftitlenumber
Q:Mustinvoluntarydealingsberegistered?
2. Such statement must be signed and
A:Yes.Itistheactofregistrationwhichcreatesa sworntobeforeaNotarypublic;and
constructive notice to the whole world of such 3. Claimant shall state his Residence or
instrument or court writ or process and is the placetowhichallnoticesmaybeserved
operative act that conveys ownership or affects uponhim.
the land insofar as third persons are concerned.
(Aquino,p.185,2007ed) Q:Howareadverseclaimsregistered?

ATTACHMENT A:ByfilingaswornstatementwiththeRegisterof
Deeds of the province where the property is
Q:Whatisattachment? located, setting forth the basis of the claimed
right together with other data pertinent thereto.
A: It is a writ issued at the institution or during (Agcaoili,p.538,2006)
progress of an action commanding the sheriff to
attach the property, rights, credits, or effects of Note: Entry of the adverse claim filed on the day
thedefendanttosatisfydemandsoftheplaintiff. bookissufficientwithoutthesamebeingannotated
at the back of the corresponding certificate of title
489

(Director of Lands v. Reyes, G.R. No. L27594, Feb. A: The adverse claim shall be effective for a
27,1976) period of thirty (30) days from the date of
registration and it may be cancelled. (Agcaoili
Q: What claims may be registered as adverse Reviewer,p.341.2008)
claims?
Q: What is the effect of the expiration of the
A:Anyclaimofpartorinterestinregisteredland periodofeffectivityofanadverseclaim?
that are adverse to the registered owner, arising
subsequenttothedateoftheoriginalregistration A: The expiration does not ipso facto terminate
(Sec.70,PD1529) theclaim.Thecancellationoftheadverseclaimis
still necessary to render it ineffective, otherwise,
Note: A mere money claim cannot be registered as the inscription will remain annotated and shall
anadverseclaim.(Aquino,p.216,2007ed) continue as a lien to the property. (Agcaoili
Reviewer,p.341,2008)
Q: What is the effect of the registration of an
adverseclaim? Q:MaytheRDcancelanadverseclaim?

A:Itrenderstheadverseclaimeffectiveandany A: The RD cannot, on its own, automatically
transaction regarding the disputed land shall be canceltheadverseclaim.
subjecttotheoutcomeofthedispute(Aquino,p.
217,2007ed) Note: Before the lapse of 30day period, the
claimant may file a sworn petition withdrawing his
Q: What is the effect of nonregistration of an adverse claim, or a petition for cancellation of
adverseclaim? adverse claim may be filed in the proper Regional
TrialCourt(Aquino,p.219,2007ed).
A: The effect of nonregistration or invalid
registration of an adverse claim renders it Q:Whatmustaninterestedpartydoifheseeks
ineffective for the purpose of protecting the thecancellationofaregisteredadverseclaim?
claimants right or interest on the disputed land,
and could not thus prejudice any right that may A:Theinterestedpartymustfilewiththeproper
have arisen thereafter in favor of third parties courtapetitionforcancellationofadverseclaim,
(Aquino,p.217,2007ed) andahearingmustalsofirstbeconducted.

Q:Whatarethelimitationstotheregistrationof NOTICEOFLISPENDENS
anadverseclaim?
Q:Whatisnoticeoflispendens?
A:Yes.
1. No second adverse claim based on the A:Lispendensliterallymeansapendingsuit.The
same ground may be registered by the doctrine of lis pendens refers to the jurisdiction,
sameclaimant. power or control which a court acquires over
2. A mere money claim cannot be property involved in a suit, pending the
registeredasanadverseclaim. continuance of the action, and until final
judgment.(AgcaoiliReviewer,p.343,2008ed)
Q:Mayanadverseclaimexistconcurrentlywith
a subsequent annotation of a notice of lis Itmerelycreatesacontingencyandnotalien.It
pendens? doesnotproduceanyrightorinterestwhichmay
beexercisedoverthepropertyofanother.Itonly
A: Yes, an adverse claim may exist concurrently protects the applicants rights which will be
with a subsequent annotation of a notice of lis determinedduringtrial.(Aquino,p.221,2007ed;
pendens. When an adverse claim exists AgcaoiliReviewer,p.255,1999ed)
concurrently with a notice of lis pendens, the
notice of adverse claim may be validly cancelled Q: What are the purposes of a notice of lis
after the registration of such notice, since the pendens?
notice of lis pendens also serves the purpose of
the adverse claim. (Agcaoili, Registration Decree A:To:
andRelatedLaws,p.539,2006) 1. protect the rights of the party causing
Q: What is the lifespan of a registered adverse theregistrationofthelispendens;and
claim? 2. advise third persons who purchase or
contract on the subject property that
490 CIVILLAWTEAM:

they do so at their peril and subject to 2. Unpaid real estate taxes levied and
the result of the pending litigation. assessed within two (2) years
(AgcaoiliReviewer,p.344,2008) immediately preceding the acquisition
of any right over the land by an
Note: A notice of lis pendens is intended to innocent purchaser for value without
constructively advise, or warn all people who deal prejudicetorightofthegovernmentto
with the property that they so deal with it at their collecttaxespayablebeforethatperiod
own risk, and whatever rights they may acquire in fromthedelinquenttaxpayeralone;
the property in any voluntary transaction, are
subjecttotheresultsoftheaction,andmaywellbe 3. Public highway or private way
inferior and subordinate to those which may be establishedorrecognizedbylaworany
finallydeterminedandlaiddowntherein.
government irrigation canal or lateral
thereof;and
Q:Whenmayanoticeoflispendensbehadand

whenmayitnotberesortedto?
4. Any Disposition of the property or
limitation on the use thereof by virtue

A:
of laws or regulations on agrarian
NOTICEOFLISPENDENS reform(Sec.44,PD1529).
Whenapplicable WhenInapplicable
1. Recover possession Q: When may a notice of lis pendens be
ofrealestate 1. Attachments cancelled?
2. Quietingoftitle 2. Levyorexecution
3. Remove clouds upon 3. Proceedings on A:Anoticeoflispendensmaybecancelledinthe
title probateorwills followingcasesbeforefinaljudgmentuponorder
4. ForPartition 4. Administration of ofthecourt:MENDPC
5. Anyotherproceeding the real estate of
of any kind in court deceasedperson 1. When it is shown that the notice is for
directly affecting title 5. Proceedings for the the purpose of Molesting the adverse
to the land or its use recovery of money party;
or occupation or the judgments
buildingthereon 2. WheretheEvidencesofarpresentedby
theplaintiffdoesnotbearoutthemain
Q: What are the effects of the annotation of allegationsofthecomplaint;
noticeoflispendens?
3. When it is shown that it is Not
A:Thefilingofnoticeoflispendenshas2effects: necessary to protect the right of the
1. Itkeepsthesubjectmatterof litigation party who caused the registration
within the power of the court until the thereof;
entry of the final judgment to prevent
the defeat of the final judgment by 4. Wherethecontinuancesofthetrialare
successivealienation;and unnecessarily Delaying the
determination of the case to the
2. Itbindsapurchaser,bonafideornot,of prejudiceofthedefendant;
the land subject of the litigation to the
judgment or decree that the court will 5. UponverifiedPetitionofthepartywho
promulgate subsequently (Agcaoili causedtheregistrationthereof;or
Reviewer,p.344,1999ed)
6. It is deemed Cancelled after final
Q: What statutory liens affecting title are not judgment in favor of defendant, or
barredeventhoughnotnotedinthetitle? other disposition of the action, such as
toterminateallrightsoftheplaintiffto
A:LUPD thepropertyinvolved.
1. Liens,claimsorrightsarisingorexisting
under the laws and the Constitution, Q: May a notice of lis pendens be cancelled
notrequiredbylawtoappearofrecord despitethependencyofthecase?
intheRD;
A: Yes. Though ordinarily a notice of lis pendens
cannot be cancelled while the action is still
491

pendingandundetermined,thepropercourthas effectoftheactofGov.GenForbesinreserving
discretionary power to cancel it under peculiar thelandforprovincialparkpurposes?
circumstances, as for instance, where the
evidence so far presented by the plaintiffs does A: As part of the reservation for provincial park
not bear out the main allegations of his purposes, they form part of the forest zone. It is
complaint, and where the continuances of the elementary in the law governing natural
trial, for which the plaintiffs is responsible are resources that forest land cannot be owned by
unnecessarily delaying the determination of the private persons. It is not registrable and
casetotheprejudiceofthedefendants.(Baranda possession thereof, no matter how lengthy,
v.Gustillo,G.R.No.L81163,Sept.26,1988) cannot convert it into private property, unless
such lands are reclassified and considered
disposable and alienable. (Sps. Palomo, et. al. v.
VI.NONREGISTRABLEPROPERTIES CA,et.al.,G.R.No.95608,Jan.21,1997)

Q:Whatarenonregistrablelands? FORESHORELAND

A:Thesearepropertiesofpublicdominionwhich, Q:Whatisforeshoreland?
under existing legislation, are not the subject of
private ownership and are reserved for public A: A strip of land that lies between thehigh and
purposes.(Aquino,p.38,2007ed) lowwatermarksandisalternativelywetanddry
accordingtotheflowoftide.Itisthatpartofthe
Q: What is the reason behind their non land adjacent to the sea, which is alternately
registrability? coveredandleftdrybytheordinaryflowoftides.

A:Theyareintendedforpublicuse,publicservice Note: Foreshore land forms part of the alienable
or development of thenational wealth. They are land of the public domain and may be disposed of
outsidethecommerceofmenand,therefore,not only by lease and not otherwise. Foreshore land
subjecttoprivateappropriation. remainspartofthepublicdomainandisoutsidethe
commerce of man. It is not capable of private
Q:Whichlandsarenonregistrable? appropriation.

A: MANGROVESWAMPS
1. Property of public domain or those
intended for public use, public service Q:Whataremangroveswamps?
ordevelopmentofthenationalwealth.
2. Forestortimberlands A: These are mud flats, alternately washed and
3. Watersheds exposed by the tide, in which grows various
4. Mangroveswamps kindred plants which will not live except when
5. Minerallands watered by the sea, extending their roots deep
6. Parksandplazas into the mud and casting their seeds, which also
7. Militaryornavalreservations germinate there. These constitute the mangrove
8. Foreshorelands flats of the tropics, which exist naturally, but
9. Reclaimedlands whicharealso,tosomeextentcultivatedbyman
10. Submergedareas for the sake of the combustible wood of the
11. Riverbanks mangroveandliketreesaswellasfortheuseful
12. Lakes nipa palm propagated thereon. (Montano v.
13. Reservations for public and semipublic InsularGovernment,G.R.No.3714,Jan.26,1909)
purposes
14. Others of similar character (Agcaoili MINERALLANDS
Reviewer,p.82,2008)
Q:Whatareminerallands?
FORESTLAND
A: Mineral land means any land where mineral
Q:In1913,Gov.Gen.Forbesreservedaparcelof resourcesarefound.
land for provincial park purposes. Sometime
thereafter, the court ordered said land to be Mineralresources,ontheotherhand,meansany
registeredinIgnacioPalomosname.Whatisthe concentration of mineral/rocks with potential
economicvalue.

492 CIVILLAWTEAM:

WATERSHED of by public or the people in the neighborhood.

(Aquino,p.33,2007ed)
Q:Whatiswatershed?
Q: Is adverse possession similar with the
A: It is a land area drained by a stream or fixed possessionrequiredinacquisitiveprescription?
body of water and its tributaries having a
commonoutletforsurfacerunoff. A: Yes. Possession, to constitute the foundation
ofaprescriptiveright,mustbepossessionunder
Q:Whatiswatershedreservation? aclaimoftitleoritmustbeadverse.(Cuaycongv.
Benedicto,G.R.No.9989,Mar.13,1918)
A: It is a forest land reservation established to
protect or improve the conditions of the water Q: What are the requisites in order to acquire
yieldthereoforreducesedimentation. landtitlethruadversepossession?

A:
VII.DEALINGSWITHUNREGISTEREDLANDS 1. Possessionmustbe:OCENCU
a. Open;
Q:Whichlandsareregistrable? b. Continuous;
c. Exclusive;
A: d. Notorious;
1. Alienable and disposable public e. IntheConceptofanowner;and
agriculturallands;and f. Uninterruptedpossessionfor:
2. Privatelands. i. 10 Years If possession is in
goodfaithandwithjusttitle
Q: What are the general incidents of registered ii. 30 Years If possession is in
land? badfaithandwithoutjusttitle

A:Registeredlandortheownersarenotrelieved 2. Landpossessedmustbeanalienableor
fromthefollowing: disposablepublicland
1. any rights incident to the relation of
husbandandwife,landlordandtenant; Q: An Emancipation Patent OCT was issued in
2. liability to attachment or levy on Remys favor. However, Madarieta filed a
execution; complaintforannulmentandcancellationofthe
3. liability to any lien of any description OCT against Remy before the DARAB, alleging
established by law on the land and that the Department of Agrarian Reform
buildings thereon, or in the interest of mistakenlyincludedherhusbandslotaspartof
theownerinsuchlandorbuilding; Luspos property where Remys house was
4. any right or liability that may arise due constructed. From the facts of thecase, what is
tochangeofthelawofdescent; the nature of Remys possession of the subject
5. the rights of partition between co land?
owners;
6. the right of government to take the A: Remy possessed the subject land in the
landbyeminentdomain; conceptofanowner.Noobjectionwasinterposed
7. liability to be recovered by an assignee against his possession of the subject land and
in insolvency or trustee or bankruptcy Remydidnotemployfraudintheissuanceofthe
under the laws relative to preferences; emancipation patent and title. In fact, Madarieta
and faulted the DAR, not him. (Rementizo v. Heirs of
8. anyotherrightsorliabilitiescreatedby Vda. De Madarieta, G.R. No. 170318, Jan. 15,
lawandapplicabletounregisteredland. 2009)

A.ADVERSEPOSSESSION Q: RP opposed the application for registration
filed by Manna Properties under Sec. 48(b), CA
Q:Whenispossessionadverse? No.141arguingthat,asaprivatecorporation,it
is disqualified from holding alienable lands of
A: Possession of land is adverse when it is open thepublicdomain,exceptbylease,citingSec.3,
andnotorious.Itisopenwhenitispatent,visible, Art. XII, 1987 Constitution. On the other hand,
and apparent and it is notorious when it is so Manna Properties claims that the land in
conspicuousthatitisgenerallyknownandtalked question has been in the open and exclusive
493

possession of its predecessorsininterest since
the 1940s, thus, the land was already private Note:Sec.48(b),CA141orPublicLandActgoverns
landwhenMannaPropertiesacquireditfromits theconfirmationofimperfectorincompletetitlesto
predecessorsininterest.Decide. landsofthepublicdomain.

A: Lands that fall under Sec. 48, CA No. 141 are Q: Against whom can acquisition of ownership
effectivelysegregatedfromthepublicdomainby byprescriptionnotbeused?
virtue of acquisitive prescription. Open, exclusive
and undisputed possession of alienable public A: Acquisition of ownership by prescription is
landfortheperiodprescribedbyCANo.141ipso unavailing against the registered owner and his
jureconvertssuchlandintoprivateland.Judicial hereditary successors because under Section 47
confirmationinsuchcasesisonlyaformalitythat of the Property Registration Decree, registered
merelyconfirmstheearlierconversionoftheland lands are not subject to prescription. No title to
intoprivateland,theconversionhavingoccurred registered land in derogation of the title of the
in law from the moment the required period of registered owner shall be acquired by
possessionbecamecomplete. prescription or adverse possession. (Agcaoili,
Reviewer in property registration and related
UnderCANo.141,thereckoningpointisJune12, proceedings,p.341,2008ed)
1945. If the predecessorsininterest of Manna
Propertieshavebeeninpossessionofthelandin B.ACQUISITIONOFTITLEBYLAW
question since this date, or earlier, Manna
Properties may rightfully apply for confirmation Q:Howmaylandtitlesbeacquiredbylaw?
of title to the land.Manna Properties, a private
corporation, may apply for judicial confirmation A:
of the land without need of a separate 1. FreePatentsbasedonPublicLandAct;
confirmation proceeding for its predecessorsin 2. TitletoAccretioninriverbanks;
interest first. (Republic v. Manna Properties Inc., 3. Reclamation;or
G.R.No.146527,Jan.31,2005) 4. TitlebyEscheat(Rule91,RulesofCourt)

PATENTSUNDERTHEPUBLICLANDACT

Q:WhatarethedifferentkindsofpatentsunderthePublicLandAct?Towhomaretheygrantedandwhat
aretherequirementsforacquisitionofsuch?

A:
TOWHOMGRANTED REQUIREMENTS
HomesteadPatent
Doesnotownmorethan24hectaresoflandinthePhilippinesorhasnothadthe
benefitofanygratuitousallotmentofmorethan24hectares
ToanyFilipinocitizenovertheageof
Musthaveresidedcontinuouslyforatleast1yearinthemunicipalitywherethe
18yearsorheadofafamily
landissituated
Musthavecultivatedatleast1/5ofthelandappliedfor
FreePatent
Doesnotownmorethan12hectaresofland
Toanynaturalborncitizenofthe
Hascontinuouslyoccupiedandcultivated,eitherbyhimselforhispredecessorsin
Philippines
interesttract/sofagriculturalpubliclandsubjecttodisposition
SalesPatent
CitizensofthePhilippinesoflawful
Tohaveatleast1/5ofthelandbrokenandcultivatedwithin5yearsfromthedate
ageorsuchcitizensnotoflawfulage
oftheaward
whoisheadofafamilymaypurchase
Shallhaveestablishedactualoccupancy,cultivationandimprovementofatleast
publicagriculturallandofnotmore
1/5ofthelanduntilthedateofsuchfinalpayment
than12hectares
SpecialPatents
TononChristianFilipinosunderSec. Sec.oftheDILGshallcertifythatthemajorityofthenonChristianinhabitantsof
84ofthePublicLandAct anygivenreservationhaveadvancedsufficientlyincivilization

494 CIVILLAWTEAM:

Q:Howarepatentsacquired? 2. Noalienation,transferorconveyanceof
any homestead after five (5) years and
A:By: before twentyfive (25) years after the
1. Succession(testateorintestate) issuance of title shall be valid without
a. Bydescenttitleisacquiredwhen the approval of the Secretary of DENR.
an heir succeeds the deceased (C.A. No. 141 as amended by C.A. No.
owner whether by testate or 458)
intestate. 3. It cannot be alienated within five (5)
b. By devise person acquires land years after approval of such patent
fromonewhomayormaynotbea application.
relative, if he is named in the 4. Itcannotbeliableforthesatisfactionof
deceasedswillasdeviseeforsuch debt within five (5) years after the
property. approvalofsuchpatentapplication.
5. It is subject to repurchase of the heirs
2. Prescription Possession of land for within five (5) years after alienation
requirednumberofyearsandassertion whensuchisalreadyallowed.
ofownershipthroughanuninterrupted 6. No private corporation, partnership or
actualpossessionofpropertywithinthe association may lease such land unless
periodoftimeprescribedbylaw.(Arts. it is solely for commercial, industrial,
712,1134,1137,NCC) educational, religious or charitable
purposes,orrightofway(subjecttothe
LANDPATENTS consentofthegranteeandtheapproval
of the Secretary of the DENR). [The
Q:Howarepubliclandssuitableforagricultural PublicLandAct(C.A.No.141)].
purposesdisposedof?
Q: What are the exceptions to the rule on
A: Public Lands suitable for agricultural purposes restrictions on alienation or encumbrance of
aredisposedasfollows: landstitledpursuanttopatents?
1. homesteadsettlement;
2. sale; A:
3. lease; 1. Actions for partition because it is not a
4. confirmation of imperfect title or conveyance,
incomplete titles either by judicial or 2. Alienations or encumbrances made in
administrativelegalization;or favorofthegovernment.
5. freetitle.
Q: What is the proper action in cases of
Note: When a free patent title is issued to an improperorillegalissuanceofpatents?
applicant and the sea water moves toward the
estate of the title holder, the invaded property A: Reversion suits, the objective of which is the
becomespartoftheforeshoreland.Thelandunder cancellation of the certificate of title and the
theTorrenssystemrevertstothepublicdomainand consequent reversions of the land covered
thetitleisannulled. therebytotheState.

After a free patent application is granted and the
ACCRETION
corresponding certificate of title is issued, the land

ceasedtobepartofthepublicdomainandbecomes
private property over which the Director of Lands
Q:Differentiateaccretionfromalluvium.
hadneithercontrolnorjurisdiction.
A:Alluviumisthesoilimperceptiblyandgradually
Q: What are the restrictions on alienation or deposited on lands adjoining the banks of rivers
encumbrance of lands titled pursuant to causedbythecurrentofthewater.
patents?
Accretion is the process whereby the soil is so
A: deposited.(Pineda,Property,p.124,1999ed)
1. Lands acquired under free patent or
homestead patent is prohibited from
beingalienated,exceptifinfavorofthe
government,5yearsfromandafterthe
issuanceofthepatentorgrant.
495

Q:Whataretherequisitesofaccretion? affected by the Land Registration Act (now
PropertyRegistrationDecree).(Republicv.CAand
A: Tancinco,G.R.No.L61647,Oct.12,1984).
1. The deposit of soil or sediment be
gradualandimperceptible; The properties of Jessica and Jenny, who are
2. It is the result of the current of the neighbors, lie along the banks of the Marikina
waters(river/sea);and River. At certain times of the year, the river
3. Thelandwhereaccretiontakesplaceis would swell and as the water recedes, soils,
adjacent to the banks of rivers or the rocks and other materials are deposited on
seacoast. Jessicas and Jennys properties. This pattern of
the river swelling, receding and depositing soil
Note:Alluvionmustbetheexclusiveworkofnature. and other materials being deposited on the
neighbors properties have gone on for many
Q:Towhomdoesaccretionbelong? years. Knowing this pattern, Jessica constructed
a concrete barrier about 2 meters from her
A:Itdepends. propertylineandextendingtowardstheriver,so
1. Accretions on the bank of a lake that when the water recedes, soil and other
belong to the owners of the estate to materials are trapped within this barrier. After
whichtheyhavebeenadded. several years, the area between Jessicas
2. Accretion on the sea bank still of property line to the concrete barrier was
public domain, and is not available for completelyfilledwithsoil,effectivelyincreasing
private ownership until formally Jessicaspropertyby2meters.Jennysproperty,
declared by the government to be no where no barrier was constructed, also
longer needed for public use (Republic increased by one meter along the side of the
v. Amanda Vda. De Castillo, G.R. No. L river.
69002June30,1988).
Can Jessica and Jenny legally claim ownership
Note:Thelandadjoiningthebankoftheriveristhe over the additional 2 meters and one meter,
principalandthealluvialdepositsalongsuchriparian respectively, of land deposited along their
land constitute the accessory. (Rabuya, Property, p. properties?
262,2007)Accessoryfollowstheprincipal.
A:Jennycanlegallyclaimownershipofthelands
Q: If the area of a nonregistrable land is byrightofaccession(accretion)underArticle457
increased due to accretion, may the alluvial oftheCivilCode.Thelandscameintobeingover
depositsbesubjectedtoprivateownership? the years through the gradual deposition of soil
andsiltbythenaturalactionofthewatersofthe
A: No. Nonregistrable lands (property of public river.
dominion) are outside the commerce of man,
they are not subject to private appropriation. Jessica cannot claim the two meterwide strip of
(AgcaoiliReviewer,p.83,2008ed) land added to her land. Jessica constructed the
cement barrier two meters in front of her
Q:Iftheland,theareaofwhichisincreasedby propertytowardstherivernottoprotectherland
accretion, has already been registered, is there from the destructive forces of the water but to
stillaneedtoregisterthealluvion? trap the alluvium. In order that the riparian
owner may be entitled to the alluvium the
A:Yes.Accretiondoesnotautomaticallybecome deposition must occur naturally without the
registered.Itneedsanewregistration. interventionoftheriparianowner(Republicv.CA
132SCRA514[1984]).
Q: If the land area has been diminished due to
accretion, may the riparian owner claim IfJessicasandJennyspropertiesareregistered,
protectionagainstsuchdiminutionbasedonthe will the benefit of such registration extend to
factofregistrationofhisland? theincreasedareaoftheirproperties?

A: Registration does not protect the riparian A: No, the registration of Jessicas and Jennys
owner against diminution of land through adjoiningpropertydoesnotautomaticallyextend
accretion.Accretionsbecomethepropertyofthe to the accretions. They have to bring their lands
ownersofthebanksandarenaturalincidentsto undertheoperationoftheTorrenssystemofland
land bordering on running streams and the
provisions of the Civil Code thereon are not
496 CIVILLAWTEAM:

registrationfollowingtheprocedureprescribedin REGISTEROFDEEDS
P.D.No.1529.
Q:WhatistheOfficeoftheRegisterofDeeds?
Assume the two properties are on a cliff
adjoining the shore of Laguna Lake. Jessica and A:Itconstitutesapublicrepositoryofrecordsor
Jenny had a hotel built on the properties. They instruments affecting registered or unregistered
had the earth and rocks excavated from the lands and chattel mortgages in the province or
properties dumped on the adjoining shore, citywheresuchofficeissituated.
givingrisetoanewpatchofdryland.Canthey
validlylayclaimtothepatchofland? Note:
Register:bookcontainingalist,record,etc.
A: Jessica and Jenny cannot validly lay claim to Registrar:personwhosedutyistokeeparegister.
the price of dry land that resulted from the Registry:officeorplacewhereregistersarekept.
dumping of rocks and earth materials excavated
from their properties because it is a reclamation Q:WhatisthenatureofthefunctionsoftheRD?
without authority. The land is part of the
lakeshore,ifnotthelakebed,whichisinalienable A:
landofthepublicdomain.(2008BarQuestion) GR:ThefunctionoftheRDwithreferenceto
registration of deeds, encumbrances,
RECLAMATION instruments, and the like is ministerial in
nature.
Q:Whatisreclamation?
XPN: Instances when RD may deny
A: Reclamation is the act of filling up of parts of registration:
theseaforconversiontoland.
1. When there are several copies of the
Note:Itmustbeinitiallyownedbythegovernment. title(coownerstitle)butisonlyoneis
It may be subsequently transferred to private presented with the instrument to be
owners. registered.
2. When the property is presumed to be
Q:Whomayundertakereclamationprojects? conjugal but the instrument of
conveyance bears the signature of only
A: Only the National Government may engage in oneperson.
reclamationprojects. 3. When there is a pending case on court
where the character of the land and
Q:Towhomdoesareclaimedareabelong? validity of the conveyance are in issue.
(Agcaoili, Registration Decree and
A:UndertheRegaliandoctrine,theStateownsall Related Laws, p. 56. 2006; Aquino, p.
waters and lands of the public domain, including 11)
those physically reclaimed. (Agcaoili Reviewer, p. 4. When the instrument is not notarized
110,2008ed) (AgcaoiliReviewer,p.16,2008)

ESCHEAT Note:Adeedofsaleexecutedinaplaceotherthan
where the property is located does not affect
Q: Differentiate action for reversion from extrinsic validity of the instrument as long as the
escheatproceeding. notary public concerned has authority to
acknowledge the document executed within his
territorialjurisdiction.
A:Anactionforreversionisslightlydifferentfrom

escheatproceeding,butinitseffectstheyarethe
Notarial acknowledgment attaches full faith and
same. They only differ in procedure. Escheat credit to the document and vests upon it the
proceedings may be instituted as a consequence presumptionofregularity.
of a violation of the Constitution which prohibits
transfers of private agricultural lands to aliens, Q: Is registration of an instrument by the RD
whereas an action for reversion is expressly ministerial?
authorizedbythePublicLandAct.(Rellosav.Gaw
CheeHun,G.R.No.L1411,Sept.29,1953) A: Yes, it is enough that in the RDs opinion an
instrument is registerable, for him to register it.
The act, being administrative in character, does
497

not contemplate notice to and hearing of LANDREGISTRATIONAUTHORITY
interestedparties.
Q:WhatisLRA?
Q: Will mandamus lie to compel the RD to
register an instrument where a party opposes A:Itisanagencyofthegovernmentchargedwith
suchregistration? the execution of laws relative to the registration
of lands and under the executive supervision of
A:No.MandamusdoesnotlietocompeltheRD DOJ.
to register the deed of sale. Where any party in
interestdoesnotagreewiththeRD,thequestion Note: The authority is headed by an Administrator
shall be submitted to the Commissioner of Land and is assistedby two Deputy Administrators, allof
Registration, where decision on the matter shall whom are appointed by the President of the
be binding upon all RDs. (Almirol v. Register of Philippines upon recommendation of the Secretary
Deeds of Agusan, G.R. No. L22486, Mar. 20, of Justice. (Aquino, Land Registration and Related
1968) Proceedings,p.8,2007)

Q: Is it required that before the RD registers an Q: What are the functions of the LRA
instrument, its validity should first be Administrator?
determined?
A:DRVICES
A: The law on registration does not require that 1. Issues Decrees of registration pursuant
only valid instruments shall be registered. If the tofinaljudgmentsofthecourtsinland
purpose of registration is merely to give notice, registration proceedings and cause the
then questions regarding the effect or invalidity issuance by the Registers of Deeds of
of instrumentsare expected to be decided after, thecorrespondingcertificatesoftitle;
not before registration. It must follow as a
necessary consequence, that registration must 2. Resolves cases elevated en consulta by
first be allowed, and validity or effect, litigated or on appeal from the decision of the
afterwards. RegisterofDeeds;

Q:Almirolpurchasedaparceloflandcoveredby 3. Verify and approve subdivision,
anOCTinthenameofArcenioAbalo,marriedto consolidation and survey plans of
Nicolasa Abalo (deceased). When Almirol went properties titled under Act 496 and PD
to the Registerof Deeds to register thedeedof 1529exceptthosecoveredbyPD957;
sale and to secure in his name a TCT, the RD
refusedsuch,sayingthatitisaconjugalproperty 4. Implements all orders, decisions, and
andthatitisnecessarythatthepropertybefirst decrees promulgated relative to the
liquidated and transferred in the name of the registration of lands, and issue, subject
surviving spouse and heirs by means of to the approval of the Secretary of
extrajudicial settlement of partition. Was the Justice, all needful rules and
RDcorrect? regulations;

A:No.Whetheradocumentisvalidornot,isnot 5. Acts as Clerk of court in land
for the RD to determine, this function belongs registrationproceedings;
properly to a court of competent jurisdiction.
(Almirol v. Register of Deeds of Agusan, G.R. No. 6. Exercises Executive supervision over all
L22486,Mar.20,1968) clerks of court and personnel of the
courts with respect to the discharge of
Q:WhatactionshouldtheRDtakeincaseheis theirdutiesandfunctionsinrelationto
indoubtastowhethertheinstrumentshouldbe theregistrationoflands;and
registeredornot?
7. Exercises Supervision and control over
A: When the RD is in doubt as to the proper all Registers of Deeds and other
action to take on an instrument or deed personneloftheCommission.
presented to him for registration, he should
submit the question to the Administrator of LRA
enconsulta(Sec.117,PD1529).

498 CIVILLAWTEAM:

Q:Whatisappealenconsulta? ruling, he may, without withdrawing the

documentsfromtheRegistry,elevatethematter
A: Where the instrument is denied registration, by consulta within five (5) days from receipt of
the Register of Deeds shall notify the interested notice of the denial of registration to the
party in writing, setting forth the defects of the CommissionerofLandRegistration.(Sec.117,PD
instrument or legal grounds relied upon, and 1529)
advising him that if he is not agreeable to such
Q:WhatarethefunctionsoftheRD,LRAandthecourtsinlandregistration?
A:
RD LRA COURTS
1. Registrationofaninstrument 1. Assistancetothe Jurisdictionover:
presentedforregistration Departmentof
dealingwithrealorpersonal AgrarianReform,the 1. Applicationsfororiginal
propertywhichcomplieswith LandBank,andother registrationoftitleto
therequisitesforregistration agenciesinthe lands,including
implementationofthe improvementsand
2. Seetoitthatsaidinstrument landreformprogram intereststherein
bearstheproperdocumentary ofthegovernment
andstampsandthatthesame 2. Petitionsfiledafteroriginal
areproperlycancelled 2. Assistancetocourtsin registration,withpowerto
ordinaryandcadastral hearanddetermineall
3. Iftheinstrumentisnot landregistration questionsarisinguponsuch
registerable: proceedings applicationorpetitions.

4. denytheregistrationthereof 3. Centralrepositoryof
andinformthepresentorof recordsrelativetothe
suchdenialinwriting,stating originalregistrationof
thegroundorreasontherefore, landstitledunderthe
and Torrenssystem,
includingthe
5. advisinghimofhisrightto subdivisionand
appealbyconsultain consolidationplansof
accordancewithSec.117ofPD titledlands.
1529
4. Adjudicateappealen
6. Prepareandkeepanindex consultacases
systemwhichcontainsthe
namesofallregisteredowners
andlandsregistered
499

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Adeedistheinstrumentinwriting,bywhichany Q: What are the modes of acquiring ownership

The Court held that the pertinent A:No.Althoughitisarecognizedprinciplethata

infirmity. However, once the title to the land is

Q: What are the kinds of original registration? 3. Thosewhohaveacquiredownershipof

d. Other persons as the court may b. Substitution means the replacement

Q: Should an oppositor have title over the A:Whenthereisnoopposition,allallegationsin

A:ThespousesDucatandKiong.TheAffidavitof 29, P.D. 1529, Agcaoili, Reviewer in property

Q: After final adjudication in a land registration

proceedings. Don Ramon moved for their

Suppose the government agency concerned Q: How may possession of property be

Q:Differentiatedirectfromcollateralattack. Q: If an attack is made thru a counterclaim,

insist on forgery, they never really took serious Q:Whataretherulesasregardscancellationof

2. Administrativemaybeavailedofonly 3. Certified copy of such certificate,

limitation on the use thereof by virtue

WATERSHED of by public or the people in the neighborhood.

Q:Whatisappealenconsulta? ruling, he may, without withdrawing the

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