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qwdqwdqwddsdasdasdaLand titles and deeds

What is registration?

- Is the act of entering or chatting down in a public record the following:


1. Conversion of the land from its unregistered to unregistered state consistent with the
requirements of the torrens system.
2. Old documents pertinent to the title of the land and improvements thereon
3. All dealings or transactions involving said land including liens, encumbrances, mortgages or
subsequent sale or transfers.
-under PD1529, it is the ministerial duty of the register of deeds

In essence, land registration has 2 purposes:

1. Record title to the land regardless of the source of basis of such title for as long as it is
present in the applicant at the time of reg.
2. Rendering title indefeasible and incontrovertible from all claims whether just or unjust
made by 3rd persons including the republic.
-after the 2nd purpose of reg. Once the land is covered by the system of registration,
registration quiets the title thereto and therefore protects the land or holder of the title
from any claims by 3rd persons.
Note: the third element is rooted from the Spanish law that is the first language of land
registration system. And then it was eventually converted during the American time by the
PH bill of 1902 into the Torrens system.

2 stages of registration:

1. Original registration
-presumption: land is still covered by the regalian doctrine as to the time the original
application for registration is filed.
-original registration system is further covered by sec48 of public land act- judicial
confirmation of imperfect title. The same law as regards to free patent, or homestead or
sales.
-to a certain degree the original registration may apply in agrarian reform systems
where part of the land of the state is being disposed of to qualified beneficiaries to make
them owner of the land that they tilt.
-in Baguio the most common form of original registration is the so called townsite sales
applications which are allowed by the public land act.
- always a judicial proceeding
-purpose here is to obtain a grant amounting to private title over land that belongs to
the state.
PROCEDURE:
A. An application must be filed to the DENR
-applicant must prove compliance with all the requirements of law either for a
homestead, patent, sales free patent or for administrative legalization of imperfect
title.
B. sebsequent petition may also be filed with the appropriate court who in turn may
issue a decree of patent to the RTC acting as a land registration court. Decree of
registration and or patent is now issued and the moment the decree is entered a a
judgment of the court, the 1 year period for indefeasibility or incontrovertibility
applies.
It is not from the date of the issuance of the certificate of title itself but only from
entry of the decree or patent. The decree or patent shall serve as the corresponding
certificate, (iba ung decree of registration kasi its a judgment) once the decree of
patent is entered into, then the court will now issue an order directed to the land
registration authority or register of deeds to issue a correspondin certificate of title.

Note: indefeasibility of certificate of title applies only to original registration.

Indefeasibility of certificate of title

- The title is a final confirmation of the right equivalent to fee simple in favor the owner and
therefore that title has been perfected as against all other claims by 3rd persons even the
republic. It effecively converts the land from public to private land. However, if the issuance
of the certificate of title is through fraud or mistake, any action to cancel or nullify said
certificate of title must be filed within the one year period.
e.g. NAIA VS REPUBLIC case: when a mistake accompanied by fraud on the part of
the parties was committed by the court during the issuance of the certificate of title.
Because forest lands cannot be acquired in private ownership. They are not
susceptible of private acquisition.

Nonetheless, for as long as the requirements of the public land act have been fulfilled, then
the title is considered confirmed and perfected and therefore will have the following effects:

1. Confirmation of ownership in fee simple


2. Land is free from liens and encumbrances.
xpn: those provided by relevant statutes or government rules and regulations or special
laws.
Legal Liens and encumbrances
Implied original certificate of title that the land itself maybe
a. proceeded against for income taxes
b. that it may be taken pursuant to the power of eminent domain
c. that it may be subjected to burdens pursuant to police power
d. public easements may be created thereon
2. Subsequent registration
 Refers to all dealings made by the registered owner involving the property
and pertaining to third persons.

Purpose:

- Keep track of the changes in the ownership of the registered land and determine whether
there are voluntary or involuntary liens imposed upon the land.
 involuntary
i. notice of lis pendens
 pending litigation
 annotated at the back of the certificate of title
 action where notice of lis pendens be annotated
o action for recovery of title or possession of the land(accion
interdictal, publiciana, reinvidicatoria) however all other
actions that would affect possesion or title over the land may
be also the subject of notice of lis pendens such as(believe it
or not)
 action for nullification of marriage when there is a
property dispute between the spouses
 action partion filed by one of the co-owners against
all others
 action for delivery of inheritance
 how to cause a notice of lis pendens
 write a cover letter to the Register of Deeds and attach 2
authenticated copy of the certification issued by the judge where the
particular case is pending and the propert subject of the litigation
must also be specifically described thereon in order to guide the
Register of Deeds on where to annotate the pending action.
 Remove the annotation by petition to the court

ii. writ of attachment/execution


 caused by the movant, otherwise include it to the prayers in order
for a copy to be given to the Register of Deeds.
 If property is attached, where there is execution and it was sold to
the highest bidder and a new certificate of title is now issued to the
new owner with the annotation of the writ of execution unless he
proves to the RD that he is the same person by which he certificate
of sale was issued in which case the new certificate of title may be
issued without the annotation.
iii. notice of adverse claim
 affidavit of adverse claim by anyone who may have an interest
wholly or or partially over the registered property.
 It must show that the adverse claimant is not the registered owner
or is not entitle to any legal right to the registered property.
 Filed to the RD and it is a ministerial duty on the part of the RD once
the affidavit is submitted.
 Binds 3rd parties for a maximum period of 30 days. Nonetheless, if
the 30 day period elapses the notice of adverse claim will not be
automatically deleted; a separate petition must be filed to remove
the notice of adverse claim.
 Case: if a registered land has a pending notice of adverse claim, even
beyond the 30-day period, the subsequent parties dealing with such
land are deemed placed on notice by the claimant. It is still valid
notice to the whole world.
 Voluntary
 For a TCT to be issued involving land originally registered, there must be
proof by way of an instrument duly notarized manifesting the manner by
which the transfer was made. In case of donation, there must be a duly
notarized deed of donation and acceptance.
 The same with sale, barter.
 If land is subject to dacion en pago, deed of dacion en pago.
 Proof that appropriate taxes have been paid. When necessary, a tax
clearance from the BIR must be attached. And proof that all the necessary
transfer fees have been paid to the LGU. Documentary stamp tax.
 How to register- Submit documents to the RD. RD will note the exact time in
which the documents were submitted.
 First registrant is preferred.
 If complete and regular, the RD will require the owner’s duplicate of title
copy upon which the duplicate copy and the original prior TCT with the RD
shall be cancelled.
 Once the OCT or TCT is issued, it does not protect the riparian owner from
the effects of water in alluvion and avulsion if it was diminished.
 Annotations: mere inscriptions to the back of the title
o REM – yes
o Contract to sell- no
o Conditional sale- no