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e. If a minor, then the age will be shown.

Land Titles f. Description of the land as finally determined by the court


g. Show w/n there are estates, mortgages, easements, etc.
 The administrator will sign the deed and file it with the LRA.
Chapter 10: Decree of Registration and Certificate of  The decree if registration binds the land, quiets title thereto - subject only to
such exceptions or liens as may be provided by law.
Title
 Inclusive upon all persons - even the government.
o Conclusiveness does not cease to exist even if it is passed in to someone
Decree of Registration
else.
Sir: Two ways of detecting Fake Land Title  The decree bars the re-litigation of these question of ownership in the same
1. Last two digits of the TCT number and the last two numbers of the book number proceedings same proceedings.
should be the same. o Thus a subsequent petition in the case filed after the lapse of one year after
2. Look at the serial number and see whether or not the place which issued it really the entry of judgment to allow heirs, oppositors, substituted parties, etc. to
issued it. present evidence tending to prove that the registered owners of the
a. Sir’s Example – the form was a genuine form was supposed to be in Ozamis,
property that is involved – can not be granted by the courts.
but the TCT says province of Rizal.
 The decree after a lapse of one year becomes incontrovertible.
Sir: Who has jurisdiction over the land?  Once it is entered it serves as a notice to the entire world – it is in rem.
 The court that has jurisdiction in the location of the land
 If ever there is a decree and the court has no jurisdiction – the decision is just Duty of the Administrator of Byrne LRA to issue decree
provisional.  The duty of the land registration official is to issue the decree of registration.
o This is a ministerial function.
Content and Effects
 In the sense that the act under the orders if the court, and the decree
 In pursuant to the order of the court - the LRA prepares and issues a decree of
registration. must be in conformity with the court judgment and with the date found
 Contents and effects - every decree of registration issued by the commissioner on record.
shall bear: o If they are in doubt upon any point in relation to the preparation of and
a. Date, hour, and minute of entry issuance if there decree – they are duty bound to refer the matter to the
b. Signed by the commissioner court.
c. Civil status of the person (married, unmarried, etc) o They act as court officials, not admin officials.
 If it is conjugal property the decree shall be issued in the name of both
o Administrator can refuse to issue a decree if:
spouses.
d. If huge person to whom the land to be registered to is incapacitated, it shall  He finds that the subject land has been decreed and titled in another’s
state the nature of the disability name.
 Cannot be compelled by mandamus – because issuance if title is a 1. Delivered to the registered owner or to his duly authorized
judicial function and not merely a ministerial act. representative
2. If two or more persons are the duly registered owners:
Certificate of Title a. One owner’s duplicate certificate of title may be
The original certificate of title shall be: issued for the whole land
b. Or if the co-owners decide, a separate duplicate
 True copy of the decree of registration
may be issued to each of them in like form.
 Signed by the administrator of the LRA.
c. But all outstanding certificate of title so issued
 The OCT together with the ODCT are sent to the Register of deeds of the
shall be surrendered whenever the RD shall
city of province where the property is located.
register any subsequent part thereof or interest
o This is so that the the property can be placed in the registration
therein.
book.
3. The register of deeds shall note on each certificate a
 The certificate takes effect only upon registration date of entry in the
statement as to whom a copy thereof was issued to.
log book, and the land becomes registered land on that day.
 Owner of the land who it is registered and inscribed in the
 If property covered is conjugal properties – it will be issued in the name
certificate – has a better right to the possession of the land – as
of both spouses.
compared to someone who just holds the ODCT and who has yet to
establish that he has a right to the land.
Rule on determining conjugal, or paraphernal character if land covered by
 The Transfer Certificate of Title
the certificate of title:
o Subsequent certificates of title that may be issued by the
 The OCT merely confirms a pre-existing title
register of deeds pursuant to any voluntary or involuntary
 Certificate does not establish the time of the acquisition of the
instrument relating to the same land shall be in like form –
property.
called TCT – It shall be issued in duplicate
o In essence the date in the deed is just when the property
o The Transfer Certificate of Title shall show:
was officially registered
 Number of the next previous certificate covering the same
 If the property is acquired while the marriage was subsisting – it
land and also the fact that it was originally registered
shall be registered in the name of both spouses.
giving the:
 If the certificate says: “registered in the name of mr.x, married to
a. Record Number
mrs.x” the property belongs to mr.x.
b. The number of the OCT
c. The Volume and Page Number of the Registration
Owner’s duplicate certificate of title; transfer certificate of title:
Book in which the latter is found.
 The owners Duplicate Certificate of Title shall be:
Probative Value of Certificate of Title
 Registration does not vest title – it is not a mode of acquiring possession o Levied and assessed within two (2) years immediately
over the property. preceding the acquisition of any right over the land by an
o It is merely evidence of title over the property innocent purchaser for value.
 Simple possession of a certificate is not conclusive – there could be a  Without prejudice to the right of the government to
mistake or a land may not be registerable talaga under the torrens collect taxes payable before that period from the
system. delinquent tax payer alone.
o It can be somone owns it na pala; or it belongs to the state. c. Any Public Highway, Private way established or recognized by
 If a piece of land is included in a TCT, but the owner had no right talaga law; and any government irrigation canal or lateral thereof
to the land, or no right was asserted any right of ownership thereof is o If the certificate does not state that the boundaries of such
VIOD AND OF NO EFFECT highway or irrigation canal or lateral thereof have been
o The court has no jurisdiction to decree a lot to someone when he determined.
did not make a claim for it. o Deals with those which were present and registered before the
 Soooo…. If you want the land talaga… you have to ask! Ask and decree of registration, and not those constructed after the
you shall receive! decree of registration.
o Also if the issue of fraud or misrepresentation in obtaining d. Any disposition of property or limitation on the use thereof
it is seasonably raised, or where the certificate is faulty as o Pursuant to PD 27, or any law relating to agrarian reform
to proposed origin.  This equally applies to every subsequent purchaser of registered
land who takes the certificate in Good Faith.
Attributed and limitations on Certificates of Title and Registered Lands:  Claims and liens existing prior to the issuance of the title – but were
1. Free from and liens or encumbrances, with certain exceptions. Section not annotated in the certificate, and those mentioned by law – are
44 PD 1529 states: Every registered owner receiving a certificate of title cut off by such certificate and is binding on the whole world, even
in pursuance of registration, and every subsequent purchaser of the govt.
registered land taking a certificate for value and in good faith, shall hold
the same free from all encumbrances. 2. Incontrovertible and indefeasible
 Except those noted on the said certificate and any of the following  Means that the proceedings can no longer be questioned
encumbrances (Statutory Liens) which may be subsisting such as:  Means that it is the best evidence
a. Liens  Upon the expiration of One (1) year from and after the date of the
o Arising of existing under the laws and constitution of the PH entry of the decree of registration – the decree and also the title
which are not by law required to appear on the TCT that is issued becomes incontrovertible and indefeasible. But it
b. Unpaid Real Estate taxes loses its indefeasibility if:
a. A valid title had already been issued over the same land
b. The Land is not capable of registration
c. Fraud attended the acquisition of the certificate  An Attack is indirect when:
 The incontrovertible character only deals with an OCT NOT a TCT. o In an action to obtain a different relief, an attack on the
proceeding is nevertheless made as an incident thereof.
3. Registered land not subject to prescription
 No title to registered land in derogation of the title of the registered 5. Torrens Certificate presumed to be valid and devoid of flaws:
owner shall be acquired by prescription or adverse possession.  It is presumed to have been regularly issued, valid and without
o Prescription is unavailing not only against registered owner, defects.
but also equally against the latter’s hereditary successors.  Related Presumption: the buyer of transferee of registered land is
 Right to recover possession not aware of any defect in title of the property which he purchased
o The right of the registered owner to recover possession of the or acquired.
land covered by his title is imprescriptible.  Person has the right to rely on the fact of the TCT and to dispense
 Laches as a defense against recovery with the trouble of inquiring further – EXCEPT:
o The defense of laches – when made properly – bars the o When he has actual knowledge of facts and circumstances
registered title holder from asserting his right over the which would lead a reasonably cautious man to make inquiry.
property and also from recovering it.
 This is an equitable defense – has nothing to do with the 6. General Incidents of Registered Land
validity of the title – rather how neglectful he was over his  Registered land shall be subject to burdens and incidents as may
property that he is barred from saying that he owns the arise by operation of law. Registered Owners of land are not
land. relieved by the FF:
o Defense of laches may be used to bar the 1. Any rights incident to the relation of husband and wife,
rd
reconveyance of the land if there are rights na of 3 landlord and tenant.
persons which may be affected or prejudiced if the 2. From liability to attachment or levy on execution.
land is reverted back to the original owner. 3. From liability to any lien of any description established by law
on the land and the buildings thereon, or on the interest of the
4. Certificate of Title Not Subject to Collateral Attack owner in such land or buildings.
 It cannot be altered, modified or cancelled except in a direct 4. From any right or liability that may arise due to change the laws
proceeding in accordance with law. of descent
 Judicial Action Required to Challenge the validity of a title = Direct 5. Rights of partition between co-owners
Attack! 6. Right to take the same by eminent domain
 An attack is direct when: 7. Relieve such land from liability to be recovered by an assignee
o The object of an action is to annul or set aside such proceeding, in insolvency or trustee in bankruptcy under the laws relative
or enjoin its enforcement. to preferences
8. To change or affect in any way other rights or liabilities created  The Commission cannot also order the cancellation of the said
by law and applicable to unregistered land, except as otherwise certificate of title and the issuance of a new one which would result in
provided in this Decree. the enlargement of the area covered by the certificate of title.
o If a certificate is given which contains an enlarged area from that of
7. Where certificate of title was obtained by a Trustee: the decree and the one applied for – the title covering the land may
 The Trustee cannot repudiate the trust by relying on the be cancelled.
registration.
o Say that there is no more trust because I own the property na.
 The trustee also cannot convey ownership of the registered
Chapter 11: Remedies
property in her will, because she is not the absolute owner of the
Sir: Remedies are for the losing party. These are called alternative remedies.
land.
So if one fails – you can use the next one.

Splitting or Consolidating of Titles; Subdivision and consolidation of Plans


 You do not have to file a case – you just ask the RD to do it. Motion to lift Order of Default
 The registered owner of many lands – can ask for different certificates  This is so that the applicant can join in the proceedings – this is what
for the respective lands was discussed in CHAPTER 6.
 Conversely – The registered owner of many lands – May secure a single
certificate for the respective lands. New Trial
 Process:  The Aggrieved (losing) Party, whether applicant or oppositor may file a
1. He should file a written request for that purpose with the register motion for a new trial under Rule 37 within the 15 day period for
of deeds concerned. perfecting an appeal on one or more of the FF grounds:
2. He should surrender to the RD the Owner’s Duplicate Certificate of 1. FAME which ordinary prudence could not have guarded against and
title of the lands. by reason of which such aggrieved party has probably been impaired
in his rights; or
Enlargement of Area of Impairment of Title is not allowed 2. Newly discovered evidence which he could not, with reasonable
 The Commission may not order or cause any change, modification, or diligence, have discovered and produced at the trial, and which if
amendment in the contents of any certificate of title, or of any decree presented would probably alter the result.
or plan, including the technical description therein, covering any real  It must be shown that:
property registered under the Torrens system. a) New evidence  discovered after trial
b) Evidence  could not have been discovered and produced at
the trail – even with the exercise of reasonable diligence
c) Evidence will alter judgment – Such evidence is material –  A relief from judgment may only be availed of when the
not merely cumulative, corroborative, or impeaching – and is judgment has become final and a new trial is not available.
of such a weight that if it is admitted it will probably alter o For when another remedy is open to a party, he cannot
the judgment.
invoke such remedy.
3. Damages awarded are excessive, that the evidence is insufficient to
 Only a party who is wither the applicant of the oppositor may
justify the decision or final order, or that the decision or final order is
contrary to law.
avail of this remedy.
 15 days from the time that the judgment is received by the person or his  The grounds for a relief from judgment is FAME.
counsel.  If you fail to file a relief from judgment – you can still file a
o In the case of the government – from the receipt of the OSG. petition for review.
o But these must be filed within the one year period where the
Relief from Judgment court still has jurisdiction.
 When a judgment or final order is rendered by any court in a o This must be filed in the same court where the proceedings
case, and a party thereto, by fraud, accident, mistake, or were held
excusable negligence (FAME) has been prevented from taking an  This is filed in the same court where the proceedings took place.
appeal, he may file a petition in such court and in the same case
praying that the judgment, order, or proceeding be set aside. Appeal
 The Petition must be:  PD 1529 provides that the decisions in land registration cases are
1. Verified and filed with within 60 days after the petitioner appealable to the CA or the SC in the same manner as ordinary actions.
learns of the judgment, order or other proceeding – and not  Appeal to the CA is taken by simply filing a notice of appeal with the
more than 6 months or 180 days after judgment or order was lower court within 15 days from receipt of judgment or order by counsel
of aggrieved party.
entered or proceeding was taken.
o Appeals to the CA in its exercise of its appellate function is by
2. The Petition must be accompanied with affidavits showing the
Petition for Review.
FAME relied upon and the facts constituting the petitioner’s
o With respect to the Government – notice to counsel is one that is
good and substantial causes of action or defense as the case sent and received by the OSG, not the fiscal.
may be.  Appeal from CA to SC is through Petition for Review on Certiorari
3. The petitioner must also allege that because of such extrinsic o This is different from certiorari
fraud he has been unjustly deprived of a hearing, or he has  The court does not lose jurisdiction for one year.
been prevented from taking an appeal. o This is due to the fact that the party can file a relief from judgment
or a petition for review.
 In ordinary cases – if you do not appeal that is it… / 2. The petitioner need not be an oppositor nor an original claimant.
o In Land Registration proceedings you can still file a relief from 3. It is also not necessary that the petitioner should first procure the lifting
judgment or petition of review of the order of general default before he could file the petition.
4. But those who are entitled to a review of the decree are those who
were deprived of their opportunity to be heard in the original
Petition for Review registration case.
 The decree of registration shall not be reopened or revised by reason of
absence, minority, or other disability of any person adversely affected Persons who may NOT file the petition:
thereby, nor by any proceeding in any court for reversing judgments, 1. Cannot apply when the petitioner does not claim the land to be his
1. Subject, however, to the right of any person, including the private property – but is admittedly part of the disposable land of the
government and the branches thereof, deprived of land or of any public land awarded under a public land patent.
estate or interest therein by such adjudication or confirmation of 2. An oppositor who abandons his opposition to a registration proceeding
title obtained by actual fraud, to file in the proper Court of First 3. An oppositor who had knowledge of the original registration proceeding
Instance a petition for reopening and review of the decree of but failed to put up any claim and to show title in himself.
registration not later than one year from and after the date of the
entry of such decree of registration. *When and where to file petition a petition for Review
2. But in no case shall such petition be entertained by the court where 1. A petition for review must be filed within one year after the entry of
an innocent purchaser for value has acquired the land or an interest decree.
therein, whose rights may be prejudiced. 2. A petition for review may be filed at any time after the rendition of the
 Whenever the phrase "innocent purchaser for value" or an equivalent Court’s decision and before the expiration of one year from the entry of
phrase occurs in this Decree, it shall be deemed to include an innocent the final decree of registration.
lessee, mortgagee, or other encumbrance for value.  Note SC said: The 1 year period is counted form the time which the
 Upon the expiration of said period of one year, the decree of decree is prepared and issued by the Commission of Land
registration and the certificate of title issued shall become registration.
incontrovertible. Any person aggrieved by such decree of registration in  If the petition is filed:
any case may pursue his remedy by action for damages against the  After the rendition of the decision but before the decree of
applicant or any other persons responsible for the fraud. registration – it is a Petition for Review of Judgment.
 If the petition is filed within one year after entry – it is a
Who may file a Petition for review: Petition for Review of Decree.
1. Any person including the government and the branches thereof – 3. Petition should be filed in the court that heard the case. – remember:
deprived of land or of any estate of interest therein may file a petition the court in a LRP has retains jurisdiction for one year.
for review and set aside the decree of registration.
Essential Requisites for the Reopening of review of Decree (all must concur): o The fraudulent scheme of the prevailing litigant which prevented a
1. Petitioner has a real and dominical right party from presenting his case.
2. He has been deprived thereof
3. Through Fraud Sufficient Allegations of Actual Fraud (Illustrated)
4. Petition is filed within one year from issuance of the decree (and in  It does not suffice to merely allege fraud – the specific, intentional acts
respect to a review of the judgment, from rendition thereof) to deceive and deprive another of his right, in some manner injure him,
5. The property has not yet passed to an innocent purchaser for value. must be alleged and proved.

*Actual or Extrinsic Fraud, or Collateral Fraud Defined; and differentiated Other grounds for review of a decree:
from Intrinsic Fraud: 1. By reason of fatal infirmity in the decision, or for want of due process.
 Only extrinsic or collateral fraud may be a ground for a petition for  The SC said: If a decree is issued in pursuance of a decision – which
review – intrinsic fraud cannot! is obtained by fraud – it may be annulled within one year from
 Extrinsic Fraud: entry, if it was entered in compliance with a decision:
o Refers to any fraudulent act of the successful party in litigation a. Suffering from a fatal infirmity
which is committed outside the trial of a case against the defeated b. For want of due process
party, his agents, attorney, or witnesses.  These decisions may be reviewed, set aside, and cancelled upon a
o Whereby the defeated party is prevented from presenting fully and petition filed within the same period – provided that no innocent
fairly his side of the case purchaser for value will be injured.
 Intrinsic Fraud: 2. Lack of Jurisdiction of the Court
o Refers to acts of a party in litigation during trial, such as the use of  An example of this would be the court giving out a title to a land
forged instruments or perjured testimony – which did not affect that is part of a military reservation or timberland – they have no
the presentation of the case – but did prevent a fair and just jurisdiction.
determination of the case. Purchaser in good faith, as an element of the petition:
o Sir: It is called intrinsic because it happened in the case.  A purchaser in good faith and for value is one who buys the property of
 The fraud committed will be deemed Intrinsic Fraud if the fraud alleged another without notice that some other person has right to, or interest
is involved in the same proceeding where the party seeking relief had in, such property – and pays a full and fair price for the same, at the
ample opportunity to: time of such purchase and before he has notice of the claim or interest
o Assert his right to attack the documents presented by the applicant, of some other persons in the property.
o Cross examine the witness who testified thereto
 Actual Fraud is contemplated as the: Action for Reconveyance
o Intention to deprive another of his just rights
 Sir: If you file a relief from judgment and petition for review and you win
– you get the land, BUT in the same character that it was in before the When to file the action; in the form of a pleading.
proceedings  Action should be filed in the form of a pleading.
o This is contra to the Action for Reconveyance – when this happens  The action for Reconveyance may be filed even before the issuance of
you actually get the land with the title na. the decree of registration.
 This is a remedy that is available even after the one year period. o But if the person is just an applicant for a free patent – Is not an
o A very important requisite is that the land has not been transferred aggrieved party – thus cannot file a case.
to an innocent purchaser for value.  This action can be brought through an ordinary civil suit, or by the
 The basic rule is that after the lapse of one year form entry – a decree of nature of a counterclaim.
registration is no longer open to review or attack.
o Even though the issuance thereof may have been attended by fraud When a ground for Reconveyance Prescribes
and that the TT may be inherently defective. 1. Fraud
o This is the exception to the rule. But it contemplates that someone  4 years form the discovery of the fraud
has been wrongfully deprived of his property.  Such discovery is deemed to have taken place upon the issuance of
 Requisites: the OCT
1. It is filed by the aggrieved party – whose land was wrongfully  But if the action for Reconveyance is based on the ground that the
registered to another certificate of title was obtained by means of a fictitious deed of sale
2. Can be done before the issuance of the decree, or within/after the – then this does not prescribe.
one year from entry 2. Implied or Constructive trust
3. The land must not have passed to an innocent purchaser for value.  Land is titled to someone by mistake.
 This action does not mean to contest the incontrovertibility of the TT. It  This is prescriptible – this prescribed in 10 years.
just aims to return to the rightful owner a property that has been o Counted from the fate adverse title to the property is asserted by
wrongfully registered. the possessor thereof
o This is just a transfer of the land from the registered owner to the o It is from the date of the issuance of the OCT or TCT that the
rightful owner. effective assertion of adverse title for purposes of the statute of
limitations is counted.
Statutory Basis for the Action  Because of the rule that registration of an instrument in
 Section 96 of PD 1529 states: the Office of the RD which constituted notice to the whole
o Nothing in the decree shall be construed to deprive the plaintiff of world, and therefore the discovery of the fraud is deemed
any right of action which he may have against any person for such to have taken place at the time of registration.
loss or damage or deprivation without joining the National
Treasurer as party-defendant.
a. But this only applies if the person who is enforcing o Absent such allegation – the defendant is presumed to be in GF
the trust is not in possession of the property – if
he is in possession of the property the action is
Action for Damages
one to quiet title – which does not prescribe.
 After one year from the date of the decree – and of Reconveyance is
o Laches may also be used to not enforce the trust.
impossible because the property has passed to an IPV – the aggrieved
 When Reconveyance does not prescribe:
party may bring an ordinary action for damages.
o Based on an implied trust – but it is brought of the registered
owners of their children  But this can be brought only against the:
o Applicant
o A co-heir – through fraud – succeeds in obtaining a certificate of
o The persons responsible for damages
title in his name to the prejudice of his co-heirs.
o Those who were instrumental in depriving him of the property
 Deemed to be holding the property in trust for the others
 Is not barred by prescription.  But this action prescribes in 10 years AFTER the one year period.
o Plaintiff in an action for Reconveyance – which is in effect an action o But Sir: Says its 4.years- if it is based on fraud
to quiet title – is in possession of the land in question – prescription
cannot be invoked IF: Action for compensation from Assurance Fund
 Actual possession is in concept of an owner  Special fund created by PD 1529 – and is under the custody of the
 Does not apply to where the possessor is a mere lessee of the National Treasurer.
property  This is to:
o A claim for Reconveyance which is based on the fact that the o Compensate a person who sustains loss or damage
conveyance is void ab initio – this does not prescribe. o Deprived of land or an interest therein
 This action is civil in character – may be in the form of an ordinary
3. Express Trusts complaint.
 Does not prescribe  Who may file?
 But it can prescribe if the property in question has been transferred to a o A person w/o negligence sustains:
third party for value and who claim adverse claim for themselves.  Loss or damage
 Deprived of land or any estate or interest therein
4. Void Contract o May bring an action in any court of competent jurisdiction for the
 Action for Reconveyance is imprescriptible if it is based on a void recovery of damage to be paid out of the Assurance Fund.
contract of sale.  Requisites for Compensation from the Funds:
 This action cannot prosper if it has been transferred to an IPV 1. Aggrieved party or the suitor:
o Thus it is important for the person to allege that the person is a a. Sustained loss or damage
purchaser in BF or has notice of the defect in the title. b. Is deprived of land or any estate or interest therein.
2. Such loss or damage or deprivation was: other employee of the RD in the performance of their respective
a. Occasioned by the bringing of the land under the operation of duties:
the Torrens System  The action shall be against BOTH the RD of the province of city
b. Or Arose after the original registration of the land where the land is situated, and the National Treasurer.
3. There was no negligence on his part o If above is committed is due to a some other person:
4. He is barred or precluded from bringing an action for recovery  The action shall be against the RD, NT, and the person.
under PD 1529  Satisfaction of Judgment
5. The action has not prescribed o Award and compensation = Not more than the fair market value of
 To be able to claim from this fund you have to have a right to the the land at the time the plaintiff or aggrieved party suffers LDD.
rd
property – if you do not have a right to the property you cannot recover o If judgment is against NT and RD and 3 person = the judgment
rd
– this is a condition sine qua non! shall first issue against the 3 person.
o They have to be innocent purchasers in good faith and for value  If the execution is returned unsatisfied, wholly or partially, and
o Or they have to be the registered owner as holders of TCT’s  The officer returning the same certifies that the amount cannot
rd
 Cannot recover if the basis of the damage is: be collected from the land or personal property of the 3
o Breach of trust person
o Mistake in the resurvey or subdivision of the registered land  The remaining amount unpaid is to be paid by the NT out of the
resulting in the expansion of area in the CT. Assurance Fund
 If the aggrieved party is negligent it cannot recover from the fund.  In this case the Gov’t of the PH is subrogated in the rights of
 Prescriptive Period to file action the plaintiff against other parties or entities.
o The action shall be instituted 6 years from the time that the action  So if binayaran ng Gov’t – person c/n claim na from others.
occurred. Gov’t has those rights na.
o The SC has said that the date of the deprivation of the land is the  You only have 6 years to avail of this remedy FROM the issuance of the
date of issue of the certificate of title. certificate of title.
 But if the loss or damage is due to the error, omission, mistake,  Compensation is the value of the land at the time of the loss.
or misdescription in any entry or memorandum in the
registration book – the prescriptive period starts from the Cancellation Suits
date of entry or memorandum. Suits involving Double Title
 Against whom the action can be filed o This usually contemplates that there are 2 certificates of title and
o If the loss, damage, and deprivation (LDD) of land is due wholly to they are issued to different persons.
the fraud, negligence or omission, mistake, or misfeasance of the o When one title is held to be superior over the other – the inferior
(a) court personnel, (b) Register of Deeds, (c) Deputy RD or any title should be declared null and void and ordered cancelled.
 Even if the prevailing party did not pray for such relief o A CT also is Null if it was given to a person who did not apply for the
o General Rule: The certificate which was issued earlier will prevail! land. – so can bring an action for cancellation.
 In cases of successive registration where more than one o If an OCT has been voided by the court insofar as certain derivative
certificate is issued over the land: titles are concerned – the rest that are not void are still valid.
 The person who has the prior certificate is preferred over  Must be:
the person who has on the second.  Issued in the name of other people
o Decree in a land registration proceeding does not have the effect of  They have not been heard or notified
annulling the title that had been previously issued by PD 1529, or  Just like the one in the contracts – if void part can be
even if the holder is a holder of a free patent. separated, the parts of the contract not void – are still valid.
o The person who has the subsequent title CANNOT transmit the title
to another Annulment of Judgment
 Thus even if the person is an IPV, the IPV does not have a o Aggrieved party may seek annulment of judgment in the ordinary
better right compared to the one who has the first title. land registration or cadastral proceeding – pursuant to Sec. 9(2) of
o When superiority does not apply: If the CT issued earlier if it is BP 129
established that the CT was issued through fraud or is  But this remedy is only available where the ordinary remedies
jurisdictionally flawed, are no longer available and it was not due to the fault of the
o The indefeasibility of the first CT can be waived by the title holder in petitioner.
favor of another who holds a subsequent certificate of title.
Effect of declaration of Nullity of Title
Cancellation Suits involving non-registrable property o Not a ground for nullifying the contractual right of a purchaser,
o Cancellation of a CT which includes public forest or where the land mortgagee, or transferee in good faith.
is within the public forest – may be pursued through an ordinary
action. Quieting of Title
 The action cannot be barred by prior judgment of registration – When it is proper and Nature of the action.
because the court had no jurisdiction. o CC A476 – quieting of title
o When other non registrable properties are titled – they may be  When there is a cloud on real prop due to an instrument,
challenged by a cancellation or reversion suit. record, claim, encumbrance, or proceeding which looks valid or
o If a title is issued pursuant to a judgment that is not final is a effective – BUT it is not pala – it is invalid, ineffective, voidable,
nullity! – so can bring an action for cancellation or unenforceable – an action may be brought to remove cloud
 Remember: A CT can only be issued when the decision or quiet title.
becomes Final and Executory.  An action may be brought to prevent a cloud from being cast.
o This is an ordinary civil remedy questioning the validity under Chapter 10 – only one has a title
o These proceedings are said to be quasi in rem and the other is just calming that hindi siya dapat may title.
 The judgment in the proceedings is conclusive only between  Claim based on: ineffective Spanish Title, Tax Declarations, and Realty
the parties. Tax Payments – to indicate that the WAS INHERITED BY HIM = cloud of
o Action for quiet of title is equivalent to an action for Reconveyance title = so you can ask for action to quiet.
of title wrongfully issued in the name of another.  Claim Based on Mortgage Lien: Also a proper subject for quieting title.
 This would usually entail the cancellation of the title wrongfully Who may file an action to quiet title:
issued  Registered owner of the property.
 This requires action by the LRA and/or the proper RD  Person who is not the registered owner:
o Claimant must show: o “Title” in CC 447 = does not mean the OCT or TCT = It can connote
 There is an instrument, record, claim, or encumbrance, or acquisitive prescription by possession in concept of owner
proceeding – which casts a cloud over the owner’s title or o Thus even equitable right or interest = may file an action to quiet
interest to the property. title.
 These are the only grounds! Cannot be anything else! So o The people who use the action do not need to be in possession of
the reasons must only be due to the FF which cast doubt in the land involved.
the CT:
1. Instrument When action is Imprescriptible
2. Record  It is imprescriptible – AS LONG AS LAND IS IN HIS POSESSION
3. Claim
4. Encumbrance Criminal Action
5. Proceeding
 The State = Criminally Prosecute = if registration is obtained through
fraud.
Form of Cloud on Title
 This applies to all – no distinguishment whether or not the statements
 There is a cloud on title where there is a certificate of title over a land
were given credence by the courts.
which is also covered by another certificate of title.
 An action by one party where he asks that the certificate of the other
Reversion Suits
person be declared null and void = Can be considered an action to  SEE DISCUSSION UNDER CHAPTER 12: LAND PATENTS
remove cloud or quiet title.
o This action may even be pleaded in a counterclaim.
 Note: Different from challenging a registered land - because
such is not subject to collateral attack. In this case pwede
collateral attack because both of you have titles. In the
Judicial registration vs. Administrative Registration Special Same as sales Government Agency, or
Corporation
Judicial Administrative
Where to file/ Who RTC/MTC LMB/DENR
has jurisdiction
Nature of the Land Private Land Public Land
Being Applied for Registration of Public Land Patents
Area Limits? None 12 Hectares
The registration of PLP’s are required by section 103 of PD 1529 it states:
Prohibition to sell the No Prohibitory period 5 years.
 Whenever public land is alienated, granted, or conveyed by the
land upon title?
What is issued? Decree Patent government – it shall be registered following this decree
* In bold = important for sir  Duty of the official issuing the instrument: must be filed with the
register of deeds of the place where the land is located.
o Will be done in the same manner as registration of land
o An owner’s duplicate will be issued to the guarantee.
 The grant does not convey the land nor bind the land – it only operates
Chapter 12: Land Patents as a contract between the government and the grantee – and as
Sir: evidence of the authority of the RD to make registration.
 The big difference between Land Registration and the issuance of o It is the act of registration which conveys the land.
patents is that the subject of the land is public land.  Registration will be made in the office of the RD where the land
 Title over land > Patent is located.
 You know that a title is issued in an administrative proceeding because  After following the registration procedures the land shall be deemed
the title number is preceded by the letter “P” registered land.
 Now – land is first given to the government, then the land is given to a
private person – this is a 2014 law Kinds of public land and to whom they are granted
 In 2009 there was a law which was for free patents for residential land.  They are issued to citizens of the PH – they cannot acquire more than 12
o In this case there is no 5 year prohibition to sell the land (see hectares of agricultural land.
summary of notes by sir)  Kinds of Patents
o Homestead
Patents Nature of Land Grantee/Patentee o Free
Homestead Agricultural Land Filipino Individual o Sales
Free Agricultural Land Filipino Individual o Special
Sales Agricultural, Residential, Filipino Individual,
industrial or Commercial Corporation, Association

th
1. *Homestead Patent Sir: You have to cultivate 1/5 and there are conditions for development
 Can only apply for 12 hectares of the land – which you must fulfill.
 May be issued to any citizen:  Sir: the five year requirement not to sell is gone after 5 years. This is
i. Over the age of 18 or Head of a family different from the HS patent because after the 5 years you have to get
ii. Should not own more than 24 hectares of land or has not had the the permission of the DENR.
benefit of aby gratuitous allotment of more than 24 hectares  Sir: There is also a joint affidavit which is issued by 2 people in favor of
iii. Complied with the residence and cultivation requirements of the the applicant which state that they know the person and that the
law. applicant has been living in the land and also cultivating it.
iv. Resided in the PH for 1 year in the municipality where the land is  Sir: Also the certification of the Bgy. Captain which states that notice has
located. been posted where the land is located.
th
v. Must have cultivated 1/5 of the land that is being applied for.
 How do you apply: 3. Sales Patent
o You apply with the Land Management Bureau – in some provinces  Only citizens of PH with the FF. characteristics can apply for a sales
this is the CENRO or PENRO. patent:
o Sir: There is a form and you just fill it up. There is no need for 1. Lawful age
lawyers; unlike Judicial registration. 2. If not lawful age, but head of a family – may purchase public
agricultural land – but not more than 12 hectares.
2. *Free Patent  Public corporations are not qualified to acquire land through this
 Any Natural born citizen of the PH who: patent.
1. Is not the owner of more than 12 hectares  Procedure for agricultural lands to be cultivated:
2. For at least 30 years prior to the PLA as amended (March 28, 1990), 1. Land is sold at public auction
has continuously occupied and cultivated – either by himself of  The highest bidder will get the property
th
through a PI a tract or tracts of agricultural public lands subject to 2. The winner is required to have 1/5 of the land broken and
disposition cultivated within 5 years from the date of the award.
3. Has paid real taxes on the land 3. The sales patent will only issue to him:
4. It has not been occupied by any person  After full payment
 If they comply with the requisites they will be entitled to a free patent.  After he has established his occupation, cultivation, and
 Under this decree the deadline to file an application for free patents th
improvements of at least 1/5 of the land.
ended on December 31, 2000.  Procedure for lands which are suitable for residential purposes:
 Filing and processing of application for free patent – Administrative o Land is sold at public auction and awarded to the highest bidder.
mode of confirming imperfect title.
o Remember: The Registration is a judicial mode of confirming title.
o A sales patent is issued after payment of the full purchase price and o Ex. Reclaimed land – manila harbor center was awarded as a special
construction of permanent improvements which are suitable for patent to the NHA.
the purpose for which the land is purchased o Issued by the president himself – due to the fact that there is no 12
 Should be done within 18 months. hectare limit.
 RA 730 – June 18, 1950
o This authorizes the sale without public bidding to any Filipino of *Registration of Patents and its Effects:
Legal Age who is not the owner of a home in the municipality where  All land patents must be registered for them to be efficacious – ergo…
he resides – and who has in good faith established his residence of the patents are only effective upon registration.
rd
a parcel of land of the public domain of the RP and not needed for o Registration is needed in order to bind 3 parties.
public service. o If it is not registered the patent is not indefeasible
 This should not be more than 1000 sqm.  Sale Patents: public character of the land is not removed. It is only upon
 Essential Condition – Constructed house on the lot and actually registration that it is converted in to private land.
resides there.  Note: Registration is ALWAYS with the RD!!!!!
o This is the exception to the general rule that sale should be by  OCT issued because of a LP is of the same nature as an OCT from judicial
bidding. proceeding.
o The certificate of title becomes incontrovertible and indefeasible
4. Special Patents after the lapse of 1 year from the date of the issuance of the
 May also be granted to Non-Christians (but now covered by the IPRA): patent.
o As soon as the secretary of the DILG shall certify that the majority  Prescription cannot run against the owner.
of the NC inhabitants have advanced in civilization  If there is a patent = cannot be subject to a cadastral proceeding nor
o Then the president may grant these lands to the NC’s declared to another person.
 Patents may also be issued for educational, charitable, and other similar
purposes. *Restrictions on alienation/encumbrance of lands titles
 RA 926 allows the granting of land by the government as payment for
expropriation proceedings (landed estates acquired by the government)
pursuant to patents & right to repurchase
o Assessed value will not be taken into consideration if the exchange  If a land patent is granted = CANNOT SELL FOR A PERIOD OF 5 YEARS
is involving public agricultural land. FROM DATE OF ISSUANCE OR GRANT!
o There is also a 12 hectare limit. o If ever you sell – only back to the government or a legally
constituted banking corporation (has to be a Government Bank)
 Original Certificates issued pursuant to special patents = concrete and
o You cannot sell even to a member of your family.
conclusive evidence of an indefeasible title.
o If you sell within the 5 years – then the sale is VOID
 Sir: You can award more than 12 hectares.
 Even the intention to sell will render the sale void.
 Sir: Special patents are usually issued to government entities
 Basta within the 5 years – CANNOT SELL! AS IN NO TALAGA.  Reason: based on the fundamental policy of the state to preserve and
 Except: To the Government or a Government Bank. to keep in the family of the public land grantee the portion of the public
o Now the only government bank is the Land Bank domain which the state has gratuitously given to him.
 For Homestead Patents: cannot also alienate, convey, or transfer the  The prohibition is mandatory and violation of this renders the
land after the 5 year period and before 25 years – WITHOUT the conveyance VIOD.
approval of the Secretary of the DENR.
th th
o If you sell it after the 5 year till before the 25 year you need the Right to Repurchase
permission of the Secretary of the DENR!!!!!  Right to Repurchase: If acquired through a homestead patent of a free
o This also includes using the property for satisfaction of debts. patent – widow or heirs have the right to repurchase the property
 Remember: For the computation of the period: the issuance of the within the 5 years from the date of conveyance (when the prop is
patent is deemed to be form the promulgation of the order of issuance mortgaged and shit.)
by the Director of Lands.  But if the land is no more agricultural – but it has become residential
 Section 118 of the PLA: Cannot take the properties for the satisfaction and the intention is business or profit – then the family does not have
of a debt before the expiration of the 5 year period. the right to repurchase.
 Section 119 of the PLA: given the owner-vendor of the lands the right to  When to avail of the R2R
repurchase lands acquired under free patent, or homestead patent. Sir: o Attaches to EVER alienation and encumbrance!
The sale is made within the prohibitory periods. (Sales Patent – 5 years;  This right can even be exercised even if there is no R2R in the
Homestead 5 or 25.) deed of sale.
o The right to repurchase can also be exercised by his widow or legal o This right cannot be waived! And it does not matter if the
heirs – This means that when the person to whom the patent was conveyance is voluntary or involuntary.
awarded is still alive – He alone can institute the action!  5 year period begins form: date of the execution of the deed of sale –
o The right to repurchase must be exercised within 5 years from the unless there is a stipulation that ownership is not vested until full
date of conveyance. payment, then it will run from this.
rd
 The date will be the date that it is conveyed to a 3 person  If the person who applied is still living – HE IS THE ONLY ONE that can
who is not a member of the family. – look at reason of next use the R2R. If he is dead – pwede na wife or heirs.
part.  R2R may be expressed in any form and manner
 Sir: If the land is mortgaged – it cannot be foreclosed if it is within the 5  In case of EJ foreclosure – the 5 year period runs from the end of the 1
year prohibition. year that is allowed for the repurchase of the EJ foreclosure.
o The only one that can foreclose on it is a government bank. o Does not have to make an offer to redeem or tender payment –
filing of an action to redeem is sufficient.
*Reason for prohibition and the Right to Repurchase
 Sir: Sometimes the court will even deny the right to repurchase – for 2. Cancellation Suits
example the originally patentee wanted to buy the land – not for the 3. Reconveyance Suits
reason for keeping in the family.
o Ex. Land became super valuable -> so now the original patentee Reversion Suits
wanted to buy it back.  Objective = cancellation of a certificate of title and the reversion of the
o Intention of why they want to buy back is key. land back to the state.
 Note: reversion = lands go back to the state; cancellation =usually
Other restrictions of Public Land Grants brought by a private individual.
 Encumbrances made by persons belonging to Non-Christian tribes may  This action is also called a: (a) cancellation suit or (b) annulment suit
be made only when the person making the conveyance is able to read  Proper forum for the suit = RTC where the land involved is located.
and understand the language which the instrument is drafted in.  Evangelista vs. Santiago – Distinction of Action for Reversion and Action
 If conveyance is made by illiterate non0christians – then it needs the for declaration of nullity
approval of the commissioner of Mindanao and Sulu. o Allegation
 Private Corporations may lease lands covered by LP’s as long as they are  In a reversion suit what is being alleged is that the land belongs
for commercial, industrial, educational, religious, or charitable to the state
purposes, or for a right of way - subject to the approval of the  In an action for reversion – it is only the director of lands
Secretary of the DENR who is entitled to relief.
 Cannot dispose lands which were originally acquired through the PLA to  Remember: Government – through the OSG – upon the
those who are qualified to acquire lands of the public domain, recommendation of the Director of Lands.
 In a declaration of nullity what is being alleged is that the
Effect of Violations of the Restrictions plaintiff owns the land prior to the issuance of a free patent; as
 Any acquisition in contravention of the restrictions will be considered well as the defendant’s fraud or mistake in obtaining the
NULL AND VIOD property.
 It shall produce the effect of annulling, and cancelling the grant, title,  The declaration of nullity is based not on the fraud or
patent, or permit originally issued. mistake – rather it is based on the fact that the Director of
o The property will be reverted to the state. Lands had no Jurisdiction to award a patent.
o Real Party in Interest
 In a reversion suit the real party in interest is the state
Actions against improper & illegal issuance of patents
 In a declaration of nullity the real party of interest is the
 The usual actions that are taken against improperly and/or illegally
plaintiff who alleges a pre-existing right of ownership over the
issued patents and their corresponding certificates are:
1. Reversion Suits
parcel of land in question – even before the grant of title to the  The director of lands cannot grant patents over public and forest lands
defendant. not capable of registration.
o Effect of Winning the Suit o But if he is misled to granting these patents – then the patents
 In a reversion suit the property goes back to the ownership of issued are jurisdictionally flawed – thus the lands can be reverted
the state back to the state.
 In a Declaration of Nullity… It depends  But: if a portion of the patent included a river – and it was due to the
mistake or it was erroneously included by the agency or official issuing
Grounds for reversion the patent ; provided that there was no clear evidence of fraud – then
Violation of Sections 118.120,121,122,123 of the PLA only the portion over which the river is should be reverted back to the
o Any violation of these provisions renders the conveyance of the government – everything else is valid.
disposition VIOD AB INITIO
o Lands will be reconveyed back to the state and along with the Failure of the grantee to comply with conditions imposed by law to entitle
improvements him to a patent or grant.
o But the reversion is not automatic – the government still has to  For disposable agricultural public land – if the awardee of the patent is
take action in order that the land may be reverted back to it. not able to comply with the conditions imposed by law to entitle him to
 Arsenal vs. IAC: An alienation or sale of a homestead patent executed a grant – void the patent
within the 5-year prohibitory period is void  Note: Section 91 of the PLA states that if a patent was secured through
o A confirmatory deed issued after the lapse of the period does not fraud and misrepresentation – then ipso facto produce the cancellation
cure the sale. – Viod pa rin… hehe of the concession, title, or permit granted.
 Zambales vs. CA: Even a bi-lateral promise to buy and sell which was  The patentee cannot also invoke the 1year indefeasibility rule because:
entered into during the 5-year period was voided o A grant tainted with fraud and secured through misrepresentation
o The SC said that there is no distinction between executory or is null and void and of no effect.
consummated sales.  Failure of applicant to disclose that another person was in possession of
 SOLA vs. CFI: Nullity of the sale of only a portion of the lot covered by a the property (even a part of it) – constituted fraud and
free patent or homestead patent due to the violation of section 18 – misrepresentation and is thus a ground for annulling the title.
extended to the entire lot.
o The sale causes the cancellation of the title and the reversion of the When land is acquired in violation of the constitution
lands back to the state.  Land acquired by an alien – reverted back to the state.
 So… If you are given a patent… Hold on don’t let go. If you do  Land acquired by a corporation – whose PII has not acquired an
you will lose it forever. imperfect title – may also be assailed in a reversion suit.

When land patented is not capable of registration


Who instituted an action for Reversion:  The government is also not estopped by the actions or mistakes of its
 OSG in behalf of the RP employees.
o He has the specific power to represent the gov’t in all land  The state is also not bound by prescription or laches.
registration and related proceedings – and to institute actions for o This does not apply to corporations or artificial bodies which are
reversion to the government of lands of the Public Domain and created by the state for a specific purpose.
improvements thereon as well as lands held in violation of the
constitution. Cancellation Suits
 A private party cannot being an action for reversion.  Director of lands issued a patent over land which is private land – the
o But: SC may resolve issue of alleged fraud in the acquisition of a aggrieved owner may file a cancellation suit.
patent although the action is instituted by a private person – if the
facts are not disputed and the area involved is small. Action for Reconveyance
 Action for when a patent and corresponding certificate of title were
Investigation of the Director Of lands prior to the institution of suits acquired through a breach of implied or constructive trust.
 Actions for reversion, or annulment should be initiated by the Director
of Lands – or at least someone with his prior authority and consent.
 Investigation and inquiry should precede the suit. Emancipation Patents; Conditions for Issuance
 The indefeasibility of the title is not a bar to the investigation of the  The tenant farmer, whether in land classified as landed estate (land in
DOL. As long as the investigation is about the fraud or the probinsiya) or not, shall be deemed owner of a portion constituting
misrepresentation that could have taken place in order to secure the a family-size farm of five (5) hectares if not irrigated and three (3)
land. – this is the duty of the DOL to do. hectares if irrigated.
 In the implementation of the emancipation of the tenants – the DAR will
Indefeasibility of title, prescription, laches, and estoppel do not bar a issue in duplicate a Certificate of Land transfer.
reversion suit. o The original shall be kept by the tenant farmer, and the duplicate in
 The defense of indefeasibility of title does not apply to a suit for the RD
reversion for a land patent that was issued over land which is not  The RD has a special book for this called the Provincial register
capable of registration (ie. Forest land, registered a lake, etc) of Documents.
o This is due to the fact that the director of lands had no jurisdiction o Emancipation of Tennants – before they used to rent the land they
to dispose of the lands. till; now the government gives them the land that they till.
 You cannot also invoke indefeasibility when the cause of action of the  Payment terms for the tenant farmer = 15 years of 15 equal
government is that you did not follow the cultivation requirements. amortizations.
o This is part and parcel of the patent – non-fulfillment makes the  When will an emancipation patent be issued in the name of the Farmer?
patent subject to annulment.
o Once he pays the price in the payment terms stated above  NO voluntary deed or instrument over land which is principally devoted
o He becomes a full-fledged member of a duly recognized farmer’s to rice or corn- or any portion thereof – shall be registered unless:
cooperation o Accompanied by affidavit of the vendor which states that the land
o He has complied with other related obligations involved is not tenanted
 For the Emancipation Patent – this is issued to the farmer by the DAR  Or if it is tenanted then the tenanted portion is not devoted to
(different from other cases where DENR, or in land registration where it rice and corn.
is the courts)  If only a portion of the land is dedicated to rice and corn - and that part
 After this the RD Shall: is tenanted – no such deed or instrument will be registered unless it is
o Unregistered Land – complete the entries on the Emancipation accompanied by an affidavit which states the area of the of the portion
Patent and shall assign an OCT number. which is tenanted and devoted to R&C and also stating that the deed or
o Registered Land – Issue the corresponding TCT without requiring instrument covers only the untenanted portion or which is not devoted
the surrender of the owner’s duplicate of title to be cancelled. to rice and corn,
o Grantee Dies – DAR shall determine his heirs or successors-in-  A memorandum of said affidavit shall be annotated on the certificate of
interest and shall notify the Register of Deeds accordingly. title. The Register of Deeds shall cause a copy of the registered deed or
o In case of subsequent transfer of property covered by an instrument, together with the affidavit, to be furnished the Department
Emancipation Patent or a Certificate of Title emanating from an of Agrarian Reform Regional Office where the land is located.
Emancipation Patent – The RD shall affect the transfer only upon  The affidavit provided in this section shall not be required in the case of
receipt of the supporting papers from the Department of Agrarian a tenant-farmer who deals with his Certificate of Land Transfer or
Reform. Emancipation Patent in accordance with law.
o No fee, premium, of tax of any kind shall be charged or imposed in  The requisite of the affidavit = to complement restriction of the transfer
connection with the issuance of an original Emancipation Patent of title to the lands acquired under emancipation decree.
and for the registration or related documents.
*Deed or instrument mentioned here means one purporting to be a
Restriction on the Patent subdivision, sale, mortgage, lease, sale, or any other mode of
 Title to the land acquired though the Emancipation Patent is non- encumbrance.
transferable
o The only instance where it is allowed is if it is: Cases
 Hereditary Succession
 Fontanilla vs. CA: A homestead patentee has 5 years by which to
 Conveyance back to the government
repurchase the property. (also his heirs and widow)
o This 5 year period is counted form the date that conveyance is to a
Subsequent dealings on lands covered by Emancipation Patents rd
3 person. Conveyance to a member of the family does not start
this 5 year period. This is due to the fact that the very essence of  Its reason for doing this is the fact that it was due to the fault
Section 119 is to keep the land in the family. Conveying it to a of a government employee that the land river was included.
family member is keeping with this purpose. Thus the conventional cause of reversion which is fraud – was
 Romero vs. CA: not present in the case – thus the whole property need not be
o A sale within the 5 year prohibitory period is VOID (even if it is sold reverted.
to heirs)  Lorzano vs. Tabayag: Sister said that she will hold on to the land so that
 This is different from the Fontanilla case because what was she can get the rent to pay for her son’s college education. After her son
being assailed there was the right to repurchase. In this case it graduates – she will reconvey the land – Son graduated – and she did
is the validity of the sale – also the land was transferred to the not give it saying that there was a deed of sale between her and their
sons after the 5 year prohibitory period. father. – Signature in title = forged; acknowledged before a Notary who
o Also a person can only get a maximum award of 24 hectares in total was not duly commissioned.
– any excess of this is void. o A title emanating from a free patent fraudulently secured does not
 For example – had 24 na – then said to son hold this naman in become indefeasible.
trust for me – this act would be void because it is a trust o Registration of a title under the Torrens system does not by itself
constructed for the circumvention of the law (para the person vest the title – it merely confirms the registrant’s already existing
can get more than 24 hectares). title.
 Aberajon vs. Nabasa: Action for Reconveyance – if not instituted by the  Registration under the Torrens system is not a mode of
government the private person must show that there is fraud – and if acquiring ownership.
there is fraud there is a constructive trust that arises. o A fraudulently acquired free patent may only be assailed by the
o Also in order for an action for Reconveyance to prosper there must government in an action for reversion.
be a showing that you have a right to the land. If you have no right  Government – through the OSG – upon the recommendation of
to the land – there is nothing to reconvey. Precisely the point: an the Director of Lands.
action for Reconveyance seeks to return to the rightful owner what  Exception: Action for Reconveyance – seeks direct
he has been deprived of. Reconveyance from the defendant public land, unlawfully and
 Heirs of Santiago vs. Santiago: A free patent that is issued over private in breach of trust titled by him, on the principle of constructive
lands is void – the public land act only applies to lands of the public trust.
domain this even applies to lands which have been acquired through o Lim vs. Delos Santos: Filed a case with the regional secretary of the
occupation for 30 years – even if it has not yet been registered. DENR then with the Secretary of the DENR – both decided against
 Morandarte vs. CA: Spouses M had land registered under their name – Lim. Lim appealed to the OP – but he did not pay the filing fees for
but it included pala parts of a river – the state filed a suit for reversion. an appeal.
o The SC said that the deed is still valid and only the portion which  SC: payment of the fees is mandatory and jurisdictional. The
included the river shall be nullified. court will acquire no jurisdiction if the fees are not paid. Thus
the CA was correct in dismissing the complaint for not 4. Authenticated copy of the decree of registration or patent which was
following procedure. the basis of the certificate of title.
5. Deed or mortgage, lease of encumbrance containing description of the
property covered by the certificate of title, and on file with the registry
Chapter 13: Reconstitution of Title; Other
of deeds, or an authenticated copy indicating that the original had been
Petitions/ Actions after Original Registration registered.
6. Any other document, in the judgment of the court, which is sufficient
and proper basis for reconstitution.
Reconstitution of Lost or Destroyed Original Copies of
Certificates of Title For TCT’s the sources in the FF order may be availed of:
Meaning, purpose and nature of reconstitution 1. Owner’s duplicate certificate of title
 Reconstitution – denotes restoration of the instrument which is 2. Co-owners, mortgagee’s or lessee’s duplicate of OCT
supposed to have been lost or destroyed in its original form and 3. Certified copy of OCT previously issued by the RD concerned or by a
condition. legal custodian.
 Purpose – to have the title reproduced, after proper proceedings, in the 4. Deed of transfer of other document containing description of the
same form they were when the loss or destruction occurred. property covered by the TCT and on file with the RD; or an
o If the court goes beyond this purpose then it goes beyond its authenticated copy thereof indicating that the original had been
jurisdiction. registered and the loss or destruction occurred after the title was
 What the applicant must prove – not only the loss or destruction; but issued.
also the time that the title was lost or destroyed he was the registered 5. Deed or mortgage, lease of encumbrance containing description of the
owner of the land. property covered by the certificate of title, and on file with the registry
 If no OCT exists then the reconstituted title is a nullity – this same rule of deeds, or an authenticated copy indicating that the original had been
applies if in fact there is an earlier valid certificate of title in the name registered.
and in the possession of another person. 6. Any other document, in the judgment of the court, which is sufficient
 This is a proceedings in rem and proper basis for reconstitution.

Source of judicial reconstitution of title Rule on availment of “any other document” deemed proper and sufficient
For OCT’s the sources in the following order may be availed of:  Means that the documents are similar to those that are enumerated.
1. Owner’s duplicate certificate of title  The important thing to note is that the documents that are submitted
2. Co-owners, mortgagee’s or lessee’s duplicate of OCT must satisfy the curiosity of the court that the land is really yours. And
3. Certified copy of OCT previously issued by the RD concerned or by a that you really really really really tried to get the documents that are
legal custodian. enumerated above – but you could not find any.
o Sometimes the lack of the documents will even be an indication  Non-compliance – makes the proceedings void
that the land is not really yours. – you have to show that you really o Thus the reconstituted title is also void.
really really tried to search for the docs talaga.
Contents of the Petition and Publication and Posting of the Notice thereof
 The petition for reconstitution shall state or contain the FF:
Requirements and Procedures in Petitions for Judicial
1. Owner’s duplicate of the certificate of title has been lost of
Reconstitution destroyed.
2. No co-owner’s, mortgagor’s, or lessee’s duplicate has been issued.
Publication of Notice and Posting under Sections 9 and 10 3. The location, area and boundaries of the property.
 Sections 9 and 10 of RA 26 require that 30 days before the date of 4. Nature and description of the buildings or improvements which do
hearing: not belong to the owner of the land – also the address of those who
1. Notice be published in the OG for 2 consecutive weeks – at the own these improvements.
expense of the petitioner. 5. Names and addresses of the:
2. Notice – be posted in the main entrances of the provincial buildings a. Occupants or persons in possession
and of the municipal hall of the municipality of city where the b. Owners of the adjoining properties
property lies. c. All persons who may have interest in the properties.
 Section 9 requires that the FF be stated: 6. Detailed description of any encumbrance affecting the property – if
1. The number of the Certificate of Title any.
2. The name of the Registered owners 7. Statement that no deeds of other instruments affecting the
3. The Name of the interested parties appearing tin the reconstituted property have been presented for registration – or if there has been
certificate of title. any – the registration thereof has not been accomplished.
4. The location of the property  This act also requires that:
5. Date which the persons having interest in the property must o All documents or authenticated copies be introduced as evidence in
appear. support of the petition – shall be attached to the petition and filed
with the same.
Requirements in Sections 9 & 10 = Are MANDATORY AND JURISDICTIONAL  If the source is “any other document”:
 The proceedings in section 9 & 10 are in rem o The petition shall be accompanied with:
 The court acquires jurisdiction to hear and decide the petition for 1. A plan and technical description of the property duly approved
reconstitution – upon compliance with the required posting and by the Administrator of the LRA. OR
publishing. 2. Certified copy of the description from a prior certificate of title
o Note: For reconstitution of title – there is no need to publish in a covering the same property.
newspaper of general circulation.
 The law mandates the court to issue a notice of the petition for a. Know who are the boundary owners on all sides and directions
reconstitution – which shall state: of their property
1. Name of the registered owner b. To inquire who of their neighbors are in actual possession and
2. Names of the occupants or persons in possession of the property occupation of the property, but also of the land adjacent
3. The owners of the adjoining properties thereto.
4. The location, area, and boundaries of the property c. The obligations cannot be ignored especially where the land is
5. Date by which the persons who have an interest in the property in a prime location for residential, commercial, and industrial
should appear and file their claims, objections to the petition. purposes.
3. Failure or omission to notify the owner, possessor, or occupant of
Publication of notice, posting, and sending of notice by mail adjacent property, as well as failure to post copies of notice of
 The courts shall cause the said notice: hearing in the main entrance of the municipal/city building are fatal
o To be published twice in the OG – at the expense of the petitioner. to the acquisition and exercise of jurisdiction of the RTC
This should be out in circulation 30 days before the hearing. 4. Motions for intervention by owners or occupants of the properties
o Posted in the main entrance of the Provincial/Municipal Building in involved should be allowed – in the interest of the administration of
the Municipality/City in which the property is situated – done 30 justice.
days before the hearing.  Dorodas vs. CA: If the reconstitution is based on the Owner’s Duplicate
o Notice – to be sent by registered mail to be done 30 days prior to Certificate of Title – notice to the owners and of the adjoining lots and
the date of the hearing. actual occupants of the subject property are not mandatory and
 Section 12 – only the registered owner, his assignees or any other jurisdictional.
person who has an interest in the property may file a petition for  If the full names and addresses of the adjoining owners are not known –
reconstitution. the application shall state the extent of the search made to find them.
o The RD is not the proper party to file a suit. o The mere statement of the lack of knowledge of their names and
 Section 13 – Publication of the notice of petition in a local newspaper is addresses is not sufficient compliance with requirements mandated
not required. Notice by publication is not sufficient, notice must be by law.
personally sent or delivered to the parties affected by the petition for  The publication of the petition in 2 successive weeks in the OG and the
reconstitution. notice of hearing to the adjoining owners, and the posting of the notice
 Section 12&13 are mandatory and jurisdictional – non-observance of in the municipal building 30 days prior to the hearing – are mandatory
these fatally affects the proceedings. and jurisdictional requirements.
 Alabang Development vs. Valenzuela:  The notice the adjoining lot owners is not the duty of the petitioner –
1. Requirements of section 12 & 13 are mandatory and jurisdictional. rather it is the duty of the courts.
2. Duty of the persons who are applying for reconstitution: o Still – the failure of the court to comply with the law does not
excuse its compliance.
Duty of the courts and a warning to them  Provided further that in no case should the loss or damage
 It is the duty of the court to make sure that the “indispensable parties” titles be less than 500.
are duly served with actual and personal notice of the petition –
particularly when the land involved is prime developed commercial Sources of administrative reconstitution
land.  Administrative Reconstitution may only be based on:
 The duty of the court to issue the reconstitution of title is mandatory o Owner’s Duplicate CT
and they are given no discretion to deny it if: o Co-owner’s, mortgagee’s, or lessee’s duplicate of title.
o The petitioner is the registered owner
o The certificate of title was in force at the time it was lost or Contents of Petition and Where to File
destroyed  The petition for reconstitution shall state the:
o The evidence presented is sufficient and proper to warrant the o Petitioner’s full name
reconstitution of title. o Address and other personal circumstances
 The court even without any opposition by the government must o The nature of his interest in the property
convince itself that the petitioner’s evidence is substantial enough to o The title number of the certificate - accompanied by the source for
warrant reconstitution. reconstitution and an affidavit of the registered owner - stating the
o The order or judgment shall become final after the lapse of 15 days FF:
– FROM THE RECEIPT BY THE RD CONCERENED AND BY THE 1. That no other deed or other instrument affecting the property
ADMINISTRATOR OF THE LRA of a notice of the order or judgment – has been registered. If there are others then the:
and there was no appeal filed. a. Nature of the other instrument
 Judicial reconstitution of title is unnecessary if the OCT is with the RD b. Who the other parties are and
o In this case it is the duty of the courts to deny the petition for c. Whether the registration of such deed or instrument is still
reconstitution. pending accomplishment.
 A wrongly reconstituted CT – secured through fraud, misrepresentation, 2. That the ODCT or Co-owners DCT is in due form and without
- cannot be the source of a legitimate rights and benefits. any intentional and apparent erasures
3. That the CT was in full force and effect at the time it was lost or
Administrative reconstitution of title destroyed.
 This may only be done in case of substantial loss or destruction of land 4. CT is covered by a declaration regularly issued by the Assessor’s
titles due to fire, flood, or other force majure – as determined by the office
ALRA. 5. That the RE taxes have been fully paid up to at lesat 2 years
o Provided that the number of lost or damaged titles should be at prior to the filing of the petition for reconstitution.
least 10% of the total numer in the possession of the RD
 If the reconstitution is to be made from any of the sources enumerated  To appeal the decision of the LRA Administrator – Go to the CA. –
in section 2b or 3b then the affidavit should further state that the through a PETITION FOR REVIEW.
owner’s duplicate certificate of title has been lost or destroyed.  If it to set aside the decision of a reconstitution officer – on the ground
o The RD shall reconstitute the certificate of title – if there is no valid of FAME – then it may be filed with the RTC.
reason to do so.
o 2b & 3b = The co-owner's, mortgagee's, or lessee's duplicate of the
certificate of title
Amendment and Alteration of Certificate of Title
 This petition may be filed with the RD by the registered owner, his
Grounds for Petition
assignees, or other persons – NATURAL OR JURIDICAL – having an
 No erasure, alteration, or amendment shall be made upon the
interest in the property.
registration book AFTER the entry of the certificate of title or of a
memorandum and the attestation of the RD EXCEPT:
Review of Decision of Reconstitution and remedy by the aggrieved party
o By order of the proper RTC – i.e. has jurisdiction over the land.
 The Land Registration Authority Administrator may review, revise,
 Who may file the petition:
reverse, modify or affirm any decision of the reconstituting officer or
o Registered owner
Register of Deeds.
o Other person having an interest in the registered property
o The LRA may even nullify the reconstituted certificate of title which
o In proper cases – the RD with the approval of the ALRA on any of
was issued.
the ff circumstances:
 It can even declare a title valid or invalid on its face.
1. When registered interests have terminated.
 The facts and findings that are made by the LRA – when
2. When new interests have arisen or been created which do not
supported by substantial evidence – shall be binding on the CA
appear in the certificate
 Because of this power of the LRA there is no more need for the
3. When any error, omission, or mistake was made in entering the
judicial declaration of fraudulently reconstituted titles.
certificate or any memorandum thereon or any DCT.
 Any appeal shall be filed within fifteen days from the receipt of the
4. When the name of any person in the certificate has changed
judgment or order by the aggrieved party
5. When the registered owner has married or marriage has
 Any interested party who by fraud, accident, mistake or excusable
terminated – and no right or interest of heirs or creditors will
negligence has been unjustly deprived or prevented from taking part in
be affected.
the proceedings may file a petition in the proper court to set aside the
6. When a corporation which owned the land is dissolved – and
decision and to reopen the proceedings.
the land has not been conveyed 3 years from its dissolution.
 The petition shall be verified and must be filed within sixty days after
7. When there is reasonable ground for the amendment or
the petitioner learns of the decision but not more than six months from
alteration
the promulgation thereof.
Extent and limitations of court’s Authority o Order the annulment of the ODCT and the issuance of a new
 The court has no jurisdiction or authority to reopen the judgment or certificate if the person does not want to surrender his certificate or
decree of registration – nor impair the title or other interest of a if for any reason the ODCT cannot be surrendered.
purchaser in GF and for value, his heirs and assignees – without his or  The new certificate and all duplicates thereof shall contain a
their written consent memorandum of the annulment of the outstanding duplicate.
 After due hearing the court may only
o Order the cancellation of a memorandum upon a certificate Remedy by motion
o Order the cancellation of a memorandum upon a certificate  A party may – by motion – ask the RTC to compel the holder of the DCT
o Grant any other relief upon such terms and conditions, requiring to surrender it to the RD concerned for the registration of the deed of
security or bond – if necessary. sale - they may even ask for specific performance
 The remedy by motion could not apple where the principal action
involved has been terminated and already executed by levy or sold on
Surrender of Duplicate Certificate of Title
execution
Grounds for Petition
 If you buy something from someone and they do not want to give you
 Any interest may file a petition in the RTC to compel and surrender the
the ODCT then you file a petition in court to compel surrender.
ODCT: - here the ODCT is surrendered to the RD
1. Where it is necessary to issue a new certificate of title pursuant to
any involuntary instrument – which divests the title of the
Replacement of Lost Duplicate Certificate of Title
registered owner against his consent.  This is given by Sec 109 of PD 1529.
2. Where a voluntary instrument cannot be registered by reason of o In case of loss or theft of an ODCT – due notice under oath shall be
the refusal or failure of the holder to surrender the owner’s sent by the owner or by someone on his behalf by the RD of the
duplicate certificate of title. province or city where the land is located – as soon as the loss or
3. Where the owner’s duplicate certificate of title is not presented for theft is discovered.
amendment or alteration pursuant to a court order. o If a duplicate certificate is lost or destroyed, or cannot be produced,
a sworn statement of the fact of such loss or destruction may be
Actions by the Court filed by the registered owner or other person in interest and
 After hearing the petition the court may: registered a new DCT.
o Order the registered owner of any person withholding the DCT to  This must be done after notice and hearing
surrender the same – and direct the entry of a new certificate or  This will contain a memorandum of the fact that it is issued in
memorandum upon such surrender. place of the lost DCT.
 The petition should be filed with the RTC
o The notice of the petition should be sent to all persons interested in
the property as shown in the encumbrances annotated in the
original certificate on file with the RD.
o Notice by the petitioner to the OSG is not required
 Rather it is the duty of the RD which should request for the
representation by the OSG.
 Where the certificate was not really lost or destroyed – then there is no
need to file the petition – so any proceeding conducted is NULL AND
VIOD for lack of jurisdiction
o The issued duplicate is also void.
 The only issued to be resolved in a case for reconstitution of title are:
o Whether or not the certificate was lost
o Where the petitioner seeking the reconstitution is the registered
owner or a person in interest.