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NOTES in Land Titles and Deeds ownership to be proved by complicated

process.

Torrens System- system of land registration 3. Insurance Principle- provides for the
where a registrar of land holdings maintained compensation of loss if there are errors made
by the state guarantees an indefeasible title to by the registration of title.
those included in the register.
CHARACTERISTIC OF TITLE
LRA- Land Registration Authority 1. indefeasible
2. not subject to collateral attack
Purpose of Land Registration 3. imprescriptible
1. to quiet title 4. incontrovertible
2. to put stop to any question of legality 5. absence of flaws
to the title.
JURISDICTION
EXCEPT:
-claims on the certificate which are -RTC- location of the property
noted at the time of registration on which may -Overall jurisdiction
arise subsequent thereto. (way of annotation) Filed after the original filing of the
property.
Purposes:
1. codify registration laws RTC
2. strengthen the torrens system 1. original application for registration
3. simplify and streamline the 2. other issues other than original
registration registration
4. helps in implementing the land
reform law. MTC
1. RA 7691- expanded jurisdiction of
NATURE OF REGISTRATION PROCEEDINGS MTC
2. limited to the delegated jurisdiction
-In rem or notice against the whole world and on the original registration of land with
against the government. cadastral.
3. contested value- not exceeding
-IPV- Innocent Purchaser Value (Good Faith 100,000
Buyer)
NON-REGISTRABLE MATTERS
THREE PRINCIPLES OF TORRENS SYSTEM
1. those intended for public use, such as roads,
1. Mirror Principle- certificate of title reflects or canals, rivers, torrents, parts and bridges
mirrors accurately andf completely the current constructed by the state, banks, shores,
facts about person’s title. New title has to be roadsteads and other similar character.
identical to the real one in terms of description
of the land. 2. those belong to the state without being for
EXCEPT: for owner’s name. public use and one intended for some public
use and one intended for some public service or
2. Curtain Principle- one does not need to go for the development of the national wealth.
behind the certificate of title as it contains all
information about the title without need for

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KINDS OF PROPERTIES * as possesion alone may mean constructive
possesion.
A. Public Dominion
B. Properties intended for public use, public *must be both possesion and occupation.
service and development of national wealth.
- ownership- other real rights on immovable
PATRIMONIAL PROPERTY also prescribe thereof for 30 yrs, without title or
1. All other property of the State, which is not of good faith.
of the character stated in the preceeding
article, is patrimonial property. -those who have acquired ownership of private
lands or abandoned river beds by right of
2. Property of public dominion, when no longer accession.
intended for public use or for public service,
shall form part of the patrimonial property of -those who have acquired ownership of land in
the State. any other manner provided by law.

-only agricultural land can be leased. MAY BE FILED BY:


1. vendor
LIMITATION: Private corp or association may 2. co-owners
not hold such alienable lands of public 3. by trustee in favor of beneficiary
dominion except by lease, for a period not
exceeding 25 yrs and not to exceed 1,000 WHO MAY NOT APPLY:
hectares in area. 1. applicant to land patent
2. mortgagee
INDIVIDUAL: may lease not more than 500 3. antichretic creditor
hectares or acquire not more tahn 12 hectares. * Non-resident applicant –through an agent or
representative residing in the Philippines shall
THUS: with the exception of agricultural lands, agree that service to his agent of any pleadings.
all other lands of public domain shall not be
alienated. *Foreigners (not allowed) except for hereditary
succession.
NON- REGISTRABLE
1. foreshore and reclaimed areas/lands -Transferee of private lands-subject for
2. lakes and navigable rivers and creeks limitation
3. graving lands
4. watershed 1. BP 185
5. previously titled land -natural-born Filipinos who ahd lost
6. alluvial deposit their Filipino citizenship.
7. ancestral domain
8. open spaces in subdivisions 2. In case of married couples
-if both would avail of privilege, total
WHO MAY APPLY- Sec. 11 of PD 1529 area should not exceed.

OCEN PO’s 3. Form and content


-open -possesion -writing
-continuous -occupation -description of land
-exclusive -citizenship
-notorious -signed by the applicant

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-indicate the names and addresses of all -instruction LRA issue a decree of
occupants of the land and adjoining owners. confirmation and registration.
-asserted value of the land acquired.
-manner by which land acquired. 12. Entry of decree of Registration in LRA.
-encumbrances
-if bound by public/private road 13. Sending of copy of decree of Registration to
-could encompass more than one parcel the corresponding RD.
of land.
14. transcription of teh decree of Reg. In the
4. notice of initial hearing Reg. Book of the RD- 2 copies.
-date of hearing must not be earlier
than 45 dys nor later tahn 90 dys from date of CADASTRAL (initiated by government)
registration.
-Nature- In REM
PROCEDURE: -including parties who are not parties thereto
1. survey of land by the Bureau of Lands or and particularly against those who had actually
licensed pvt. Surveyor. taken part in the proceedings as well as
successors-in-interest.
2. where the land situated
FINALS
3. setting of date for initial hearing by the court
REMEDIES OF PARTIES AGGRIEVED BY REG.
4. transmittal of the application and teh date of
initial hearing together with requisite 1. Motion for new trial (RULE 37)
attachments by the clerk of court LRA. Period: 15 dys from receipt of judgment or trial
order.
5. Publication of notice of filing of the
application and date. Grounds: FAME (Fraud, accident,mistake,
excussible negligence)
6. service of notice upon contigous rivers,
occupants and shore known to have an interest FRAUD
in the property by sheriff. 1. Actual or positive Fraud
-proceeds from an intentional
7. Filing of answer to the application by any deception practiced by means of
person whether named in the notice or not. misrepresentation or concealment of a material
fact.
8. General default- if no opposition
-set date for prescription of evidence 2. Constructive Fraud
-construed as detrimental effect on
9. Reception of evidence by applicant thru by public interests and public or private confidence
opposition if any: even though the act is not done with an actual
design to commit positive fraud or injury upon
10. Promulgation of judgment other persons.
-between 15 dys after receipt of
judgment. Requisite for Newly Discovered Evidence
1. discovered after trial
11. insurance of the decree by the court.
-declare decision final

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2. evidence could not ahve been discovered and -MR is required, if appeal is not available
produced at the time of trial or even with -not later than 60 dys from notice of judment or
exercise of reasonable diligence. order.
3. evidence is material not merely
corroborative. 4. Petition for review
Period: within one year from entry of decree of
EFFECT OF PARTIAL NEW TRIAL registration
Court may either: Mode: file with RTC which issued the decree of
1. Enforce the judgment until new judgement registration
2. Partial execution of judgment Ground: actual fraud, extrinsic fraud
EXCEPT: IPV
*IF MNT /MR denied- appeal the merits. Who may file:
PERIOD OF APPEAL- after the denial of MR. Any person deprived of property or
interest therein, even the govt.
2. Petition for relief from judgments
Period: 60 dys from receipt of judgment or final Specific instances of Fraud:
order and not more than 6 mos after such 1. deliberate misrep that the lots are not
judgment or final order has been rendered. contested or no other claimants

Grounds: FAME 2. applying for and obtaining adjudication and


Requisites registration in the name of co-owner which he
1. affidavit merits showing FAME knows has not been allotted to him in the
2. available even if decree of registration is not partition.
yet issued
3. must be filed by parties to the case only 3. intentionally concealing of facts
4. if MNT/MR has been filed and denied ,
petition for relief is no longer available and vice 4. deliberate failure to notify party entitled to
versa R37 and R38 are exclusive of each other. notice

3. Appeal 5. misrep as to the entity of the lot to the true


Period: 15 dys from receipt of judgment owner
Grounds: erroneous judgment
Mode: by way of notice of appeal with RTC or 6. deliberate falsehood
MTC then RTC forwards records on appeal to CA
(or MTC to RTC) *Period of one year is computed from the
issuance of the decree by LRA.
Requisites:
Notice to adverse party 5. Annulment of Judgment
Payment of docket fees Period:
a. extrinsic fraud- 4 yrs from discovery (but not
RULE 45- Appeal by certiorari to SC vailable if ground could have been availed of in
On questions of law: within 15 dys from receipt MNT or pet for relief)
of judgment.
b. if based on lack of jurisdiction: before it is
RULE 65- pet. For review on certiorari barred by laches or estoppel
-without abuse of discretion amounting to lack
or excess of jurisdiction Grounds: extrinsic fraud; lack of jurisdiction of
court

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Where to file: - after one year from decree of registration and
1.CA for decisions of RTC if reconveyance is no longer available because
2. RTC for decisions of MTC property has been passed on to IPV.

EFFECT of judgment: render it null and void -prescribes in 10 yrs fromissuance of title over
without prejudice to the original action being the property.
refiled in the proper court
Ground: Actual fraud
-if judgement or final order was set aside on
ground of extrinsic fraud, teh court on motion 9. Assurance Fund
may order the trial court to try the case as if a (in case of insolvency of the party who procured
timely MNT had been granted. the wrongful act)

Grounds: fraud, in consequence of error,


6. Reconveyance omission, mistake or misdescription of the
Period: after lapse of one year from issuance of property in any OCT/TCT
decree; thus petn for review no longer avialable
LIMITATION:
But available also even before issuance of -file within period of 6 yrs from RT of
decree because this is not exclusive with action arises
petition for review. - value up to FMV at the time of
loss/damage
Grounds:
Actual fraud 10. Criminal Actions
Void contract- express trust- imprescriptible FORGERY
Implied trust- prescribes in 10 yrs counted from PERJURY
date of adverse title
EXCEPTION- IPV 11. Reversion proceedings: involving public
land
7. Quieting of title
-the settled rule is that an action for PATENT CASE
quieting of title is imprescriptible,as in the - public land is involved
instant case, where the person seeking relief is -govt action
in the possession of the disputed property. - it should be alienable
New law: Residental law
- a person in actual possession of a
piece of land under claim of ownership ,ay waiy Duty: to call such docs granting the registration
until his possesion is disturbed or his title is to be registered by any other property
attacked before taking any step to vindicate his subjected to adjudication.
right and that the undisturbed possession gives
him the continuing right to seek the aid of teh Period: 30 yrs- continous occupation and
court of equity to ascertain and determine teh cultivation (agricultural land)
nature of the adverse claim of a third party and 10 yrs- residential land
its effect on his title.
Areas: residential not exceed 200 m.
8. Action for Damages LGU- may applied for patent for public use

WHERE to apply: DENR

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CONSULTAS- deed of sale of patent.
- property granted by patent

Recourse of owner:
1. appeal via consultas LRA
2. can withdraw his appeal
3. if not satisfied, CA

Settlement of Estate
- parties can enter judicial partition of property
- alleged surviving heirs
-indicate the real property

* even if unregistered land still covered

Partition RD
-2 yrs for anyone who have claim to
contest the judicial partition.

NO claim: Court rest on the evidence of estate.

RECONSTITUTION
- prove your claim over the property

Typographic error- w/o court proceedings


(invalid)

1. There must be notice to RD bya ffidavit that


your copy is lost

2. Publication before the trial

AUTHORITY of the COURT- to issue the same


title. (The same except for additional
memorandum)

Conditions for RT
1. must be twice in OG
2. mailing
3. printing M/P

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