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LTD Lecture Notes

CKA, 2017
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OTHER PRINCIPLES OF REGISTRATION  “That private land ownership emanates from the state;”
1. Registration does not vest title but merely vests confirmation (because state is owner of all)
 One does not own a proper just because he registers it  Regal doctrine > Regalian doctrine = Jura Regalia
under his name  This doctrine was accepted in the constitution
 Claim ––– court confirms
2. Registration does not validate an invalid document or cure its
legal defects Article 12, Sec. 2. All lands of the public domain, waters,
 Examples: minerals, coal, petroleum, and other mineral oils, all forces of
i. Where the signature of the seller was forged: tantamount potential energy, fisheries, forests or timber, wildlife, flora and
to no consent and therefore contract is void. Registration fauna, and other natural resources are owned by the State. With
does not affect its status (void) the exception of agricultural lands, all other natural resources
ii. In a deed of donation where there was no acceptance, this shall not be alienated. The exploration, development, and
is also void. A subsequent registration would not validate utilization of natural resources shall be under the full control and
an invalid document. supervision of the State. The State may directly undertake such
3. Registration is not a mode of acquiring ownership activities, or it may enter into co-production, joint venture, or
Article 712, NCC. Ownership is acquired by occupation and production-sharing agreements with Filipino citizens, or
by intellectual creation. corporations or associations at least sixty per centum of whose
Ownership and other real rights over property are capital is owned by such citizens. Such agreements may be for
acquired and transmitted by law, by donation, by estate and a period not exceeding twenty-five years, renewable for not
intestate succession, and in consequence of certain more than twenty-five years, and under such terms and
contracts, by tradition. conditions as may be provided by law. In cases of water rights
They may also be acquired by means of prescription. for irrigation, water supply fisheries, or industrial uses other than
 How many books are maintained by the Register of Deeds? the development of water power, beneficial use may be the
ANS: 2 Books –– 2 systems of registration (Torrens System measure and limit of the grant.
and the Registration on Unregistered Lands) The State shall protect the nation’s marine wealth in its
 If a registration is accomplished under a wrong system, the archipelagic waters, territorial sea, and exclusive economic
document is legally ineffective and does not bind property zone, and reserve its use and enjoyment exclusively to Filipino
citizens.
 Example: Buyer registers land under the registered lands
The Congress may, by law, allow small-scale utilization of
while an attachment was made on the unregistered lands.
natural resources by Filipino citizens, as well as cooperative fish
Attachment made was under a wrong system hence,
farming, with priority to subsistence fishermen and fish workers
ineffective.
in rivers, lakes, bays, and lagoons.
 Read cases re: constitutionality of registration laws (does
The President may enter into agreements with foreign-
not violate due process and equal protection of the law)
owned corporations involving either technical or financial
assistance for large-scale exploration, development, and
AN:
utilization of minerals, petroleum, and other mineral oils
Registration is not a mode of Acquiring Ownership
according to the general terms and conditions provided by law,
• Does not create or vest title; merely a procedure to establish
based on real contributions to the economic growth and general
evidence of title over realty; confirming the fact of the
welfare of the country. In such agreements, the State shall
existence with notice to the world at large
promote the development and use of local scientific and
• Not a source of right but merely confirms or records a title
technical resources.
already existing and vested –– mere possession does not
The President shall notify the Congress of every contract
make one the owner
entered into in accordance with this provision, within thirty days
from its execution.
“Title” “Certificate of Title”
Generally, defined as the lawful Mere evidence of ownership; it AN:
cause or ground of possessing is not the title to the land itself Regalian Doctrine –– declares that all lands and all other natural
that which is ours; foundation of resources are owned by the sate
ownership of property, real or
 All lands of whatever classification and other natural resources
personal –– which constitutes a
not otherwise appearing to be clearly within private ownership
just cause of exclusive
belong to the state (State as source of any asserted right to
possession, or which is the
ownership of land and charged with the conservation of
foundation of ownership of
patrimony)
property
 Unless alienated in accord with law, it retains its basic right over
the same as “dominus”
OBJECT OF REGISTRATION
 Public lands not shown to have been reclassified or released as
1. Immovable or real property
alienable agricultural land or alienated to a private person by
2. Real rights
the state remain part of the alienable public domain
REGALIAN DOCTRINE
Jura Regalia
 King of Spain proclaimed ownership over all lands • Under this, private title to land must be traced to some grant,
 Modes of acquiring lands were from government through a express or implied, from the Spanish crown or its successors,
grant or purchase: American colonial government and thereafter the RP
a. Royal title (Titulo royal) • Broad sense: “jura regalia” refers to royal rights or those which
b. Special Grant the king (original proprietor of lands) has by virtue of his
c. Adjustment Title prerogatives –– right which sovereign has over anything in
d. Title by Purchase which a subject has a right of property or “propriedad”
e. Information Possessory Title (Informacion • Nothing more than a natural fruit of conquest
Possesoria) • Simply means state is the original proprietor of all lands and as
LTD Lecture Notes
CKA, 2017
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such is the general source of all private titles –– all claims than the necessities of decision demand,
therefore must be traced from some grant every presumption is and ought to be against
the government in a case like the present. It
Doctrine Reflected in the Fundamental Law might, perhaps, be proper and sufficient to
 1935 and 1973 Constitutions embodies the principle of State say that when, as far back as testimony or
ownership of all lands and natural resources in Sec 2 of Article memory goes, the land has been held by
XII on National Economy and Patrimony individuals under a claim of private
 1935 Constitution embodies principle of state ownership and ownership, it will be presumed to have
adoption of Regalian doctrine Sec 1 of Article XII on been held in the same way from before the
Conservation and Utilization of Natural Resources Spanish conquest, and never to have been
 The present constitution provides that except for agricultural public land. Certainly, in a case like this, if
lands of the public domain which alone may be alienated, there is doubt or ambiguity in the Spanish law,
forest or timber and mineral lands as well as natural resources we ought to give the applicant the benefit of
must remain with the state. exploration, development and the doubt. Whether justice to the natives and
utilization shall be subject to full control and supervision of the the import of the organic act ought not to carry
state. us beyond a subtle examination of ancient
texts, or perhaps even beyond the attitude of
Secretary of DENR vs. Mayor Yap: Spanish law, humane though it was, it is
 Involved land in Boracay unnecessary to decide. If, in a tacit way, it was
 Occupants applied for judicial confirmation –– filed for assumed that the wild tribes of the Philippines
registration after being in possession for 30 years were to be dealt with as the power and
 Remember that one of the requisites for land to be inclination of the conqueror might dictate,
registrable is that it be alienable and disposable land Congress has not yet sanctioned the same
(only agricultural lands) course as the proper one "for the benefit of
the inhabitants thereof."
 However, DENR classified such to be forest or
2. Oh Cho vs. Director of Lands
timberlands therefore, inalienable = not susceptible to
private ownership  General Rule: Regalian Doctrine –– all lands
are owned by the state
 For as longs as land is classified as such, remains such
 Exceptions:
 Change of appearance/structure is immaterial
 Any land that should have been in
 Occupants need positive act from government:
possession since time immemorial for
Reclassifying land as alienable and disposable land
such would justify the presumption that
SC expanded Regalian Doctrine and dictated that:
the land had never been part of the public
1. All lands of public domain belong to the state
domain or was already private property
2. That state is the source of ascertained right and charged
even before the Spanish conquest
with its conservation
3. All lands not appearing to be clearly with private  Church property or ecclesiastical property
ownership are presumed to belong to the state –– king of Spain decided that he was not
4. All lands not acquired from the state as part of the owner of church property; this was
inalienable public even applied in Treaty of Paris when
churches were not included
“You cannot give what you do not have.”  Facts:
QUERY: How can one prove that he acquired land from state?  Oh Cho, a Chinese citizen, purchased
ANS: present a document of purchase or grant from the Lagdameos a parcel of land in
Tayabas, which they openly,
Cruz vs. Secretary of DENR continuously and adversely possessed
since 1880. On January 17, 1940, Oh
 Questions constitutionality of IPRA (RA 8371)
Cho applied for registration of this land.
 Decision was split evenly; constitutionality in effect was
OSG opposed on the ground that Oh Cho
upheld.
lacked title to said land and also because
he was an alien.
ANCESTRAL LANDS
 Oh Cho failed to show that he has title to
 In the possession of indigenous people since time immemorial the lot, which may be confirmed under the
 According to Justice Capunan: Land Registration Act.
o Title is native title  The applicant does not come under the
o Accordingly, Regalian Doctrine did not negate native exception, for the earliest possession of
tiltle held in private ownership since time immemorial the lot by his first predecessor in interest
o Basis: began in 1880.
1. Carino vs. Insular Government
 An Igorot named Mateo registered his land AN:
and was able to establish that he and his Regalian Doctrine does not Negate “Native Title”
ancestors lived as far as he could remember As far back as testimony or memory goes, the land has
 Possession, occupation and cultivation was been held by individuals under a claim of private ownership, it will
proven (more than 50 years) be presumed to have been held in the same way from before the
 However, there was no document from state Spanish conquest, and never to have been public land. (Carino vs.
proving such Insular Government)
 Therefore, government invoked Regalian
Doctrine and dismissed by Philippine SC Republic vs. Tesura
 Appealed to US SC penned by Justice
Holmes –– Whatever the law upon these
points may be, and we mean to go no further
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 If a person’s claim does not fall within the exceptions he and his predecessors-in-interest had been in open,
then land is considered public which belongs to the state notorious, and continuous adverse and peaceful
under the Regalian Doctrine possession of the land for more than thirty (30) years.
 How can one overcome the presumption that a land is  Presented a Certification issued by the CENRO-DENR,
public? ANS: Present proof that land is private property which stated that the subject property was verified to be
by conversion of land as alienable and disposable and within the Alienable or Disposable lands
already alienated by state to a private person.  Application approved by RTC however CA ruled that he
failed to prove that the property belonged to the alienable
HOW TO ACQUIRE OWNERSHIP and disposable land of the public domain
 Prove modes of acquiring ownership (Art. 712, NCC)  There is no substantive evidence to establish that
1. Occupation Malabanan or petitioners as his predecessors-in-interest
2. Donation/Succession have been in possession of the property since 12 June
3. Tradition or Delivery 1945 or earlier. The earliest that petitioners can date back
a. Actual their possession, according to Tax Declarations was the
b. Constructive year 1948. Thus, they cannot avail themselves of
4. Prescription registration under Section 14(1) of the Property
 Intellectual creation –– not applicable in real property Registration Decree. Neither can petitioners properly
invoke Section 14(2) as basis for registration. While the
OTHER MODES subject property was declared as alienable or disposable
1. Government Grant in 1982, there is no competent evidence that is no longer
2. Prescription intended for public use service or for the development of
3. Accretion/Accession the national evidence, conformably with Article 422 of the
4. Reclamation Civil Code.
5. Voluntary Transfer
6. Involuntary Alienation RIGHT OF ACCESSION
 Process by which a thing produces something or becomes
GOVERNMENT GRANT part of another or attached to the principal thing
 Under RD, general rule Article 440, NCC. The ownership of property gives the right by
 Object: Public land accession to everything which is produced thereby, or which is
 Whenever conveyed, there is some form of grant which can incorporated or attached thereto, either naturally or artificially.
either be express or implied Examples of accession for Real property:
 Must emanate from some source 1. Alluvium
 CA 141. Public Land Act 2. Avulsion
 Basis of government grant 3. Formation of island
 How can one acquire? (to qualified Filipino citizens) 4. Change of river course
1. Must be qualified 5. Abandonment of river beds
2. Depends on the mode of possession or occupation
 For homestead –– requires one to cultivate ALLUVIUM OR ACCRETION
land; therefore, becomes his property only after Article 457. To the owners of lands adjoining the banks of rivers
complying with the requirements and conditions belong the accretion which they gradually receive from the
prescribes by law then homestead patent is effects of the current of the waters.
later issued.
 Today, there are no more free patents  “Riparian owner” –– owner in the banks/borders
 Emancipation patent  Because of erosion, soil and water are deposited in the land
 CARL –– tenant patent farmer becomes owner of RO hence his land now has an additional area = accessory
after paying to land, land owned is principle.
 Sale or homestead patents shall be forwarded to the registry  Only land described in the certificate of title is registered land;
and pay certain registration fees (administrative mode of additional area is not included because if the technical
registration) description
 Accessory land is unregistered but can be acquired through
MODES OF REGISTRATION prescription
1. Judicial  Basis: right of accession through alluvium or accretion
2. Administrative
RECLAMATION –– Method of filling, dredging or other means
PRESCRIPTION  Only the state/government can reclaim
 Imprescriptible title (Section 47, PD 1529)  Basis: RD and Law on Waters
Registered land not subject to prescriptions. No title to Chavez vs. Public Estate Authority
registered land in derogation of the title of the registered owner Talked about PEA’s authority to reclaim land (PD 1084)
shall be acquired by prescription or adverse possession. a) Submerged areas of Manila Bay
 Remain inalienable natural resources of public domain
 When land is already registered, it cannot be acquired through until reclassified by the state
prescription  Cannot be legally disposed since out of commerce of
 Only unregistered lands can be acquired through prescription man
 If land is patrimonial property, it can be acquired through  QUERY: When may it be disposed? ANS: (1) Reclaim
modes like prescription area first, (2) Reclassify land as alienable and
disposable
Malabanan vs. Republic  NB: Private corporations or associations are prohibited
 Malabanan filed an application for LR before RTC; claimed from holding public lands.
that he had purchased the property from Velazco, and that b) Foreshore Lands
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 Strip of land that lies between high and low of lands or What is the effect of a deed of absolute sale of a registered
watermarks alternately wet and dry. land although not registered?
 Inalienable lands of public domain = cannot be  Grantor and grantee are bound
reclassified, cannot be subject of private ownership  Parties to contract cannot deny as principle of estoppel
by deed
MODES OF ACQUIRING OWNERSHIP  Article 1133: Relativity of Contracts
1. By voluntary transfer  Heirs, successors-in-interest, assigns are considered
 Deed of conveyance extensions of personality of grantor and grantee
2. Involuntary alienation  Third persons are also bound if they have ACTUAL
 Does not require cooperation of land owner KNOWLEDGE because to them, the purpose of
 E.g. eminent domain, in expropriation proceedings; or registration is more than accomplished.
escheat or forfeiture proceedings (reversion suit); or  Actual knowledge of transaction is equivalent to
seizure for tax delinquency; or levy or Registration
attachment/execution
3. By succession Which agency has the authority to enforce provisions of the Land
 Acquisition of land by hereditary succession which Registration Act?
takes place upon death of decedent  Land Registration Authority (under DOJ)
 “Donation” –– delivery not required, mere acceptance  Administrative Code of 1987, EO 292
a) Testate  Has an administrator and 2 deputy administrators
 Property given to heirs by use of testamentary  Central repository of records
or dispositions  Sec 6: Functions, powers and duties of an administrator
 A will in favor of heirs or a stranger Section 6. General Functions.
a. Real property –– “device” (1) The Commissioner of Land Registration shall have the
b. Movable –– “legacy” following functions:
b) Inestate (a) Issue decrees of registration pursuant to final
judgments of the courts in land registration
TORRENS SYSTEM proceedings and cause the issuance by the
 Sir Robert Richard Torrens, a British customs officer Registers of Deeds of the corresponding certificates
 Judicial proceeding or process where there is judgment of title;
(b) Exercise supervision and control over all Registers
AN: of Deeds and other personnel of the Commission;
Purpose of Torrens System (c) Resolve cases elevated en consulta by, or on appeal
• Government has adopted this system for being the most from decision of, Registers of Deeds;
effective measure to guarantee the integrity of land titles and (d) Exercise executive supervision over all clerks of
to protect their indefeasibility once their claim is established court and personnel of the Courts of First Instance
• Legarda vs. Saleeby: To quiet title to land; to put a stop forever throughout the Philippines with respect to the
to any question of the legality of the title, except claims which discharge of their duties and functions in relation to
were noted at the time of the registration, or which may arise the registration of lands;
subsequent thereto (e) Implement all orders, decisions, and decrees
• Aims to decree land titles that shall be final, irrevocable, and promulgated relative to the registration of lands and
indisputable issue, subject to the approval of the Secretary of
• To relieve the land of the burden of known as well as unknown Justice, all needful rules and regulations therefor;
claims; obviate possible conflicts of title (f) Verify and approve subdivision, consolidation, and
• Conclusive evidence with respect to the ownership of the land consolidation-subdivision survey plans of properties
described therein and other matters which can be litigated titled under Act No. 496 except those covered by
and decided in land registration proceedings P.D. No. 957.
(2) The Land Registration Commission shall have the
Advantages of Torrens System following functions:
a) It has substituted security for insecurity; (a) Extend speedy and effective assistance to the
b) Reduced the cost of conveyances from pounds to shillings Department of Agrarian Reform, the Land Bank, and
and the time occupied from months to days; other agencies in the implementation of the land
c) Has exchanged brevity and clearness for obscurity and reform program of the government;
verbiage; (b) Extend assistance to courts in ordinary and cadastral
d) Simplified ordinary dealings that he who has mastered the land registration proceedings;
“three R’s” can transact his own conveyancing; (c) Be the central repository of records relative to original
e) Affords protection against fraud; registration of lands titled under the Torrens system,
f) Restored to their just value many estates, held under including subdivision and consolidation plans of titled
good holding titles, but depreciated in consequences of lands.
some blur or technical defect and has barred the Under the LRA is the: Office of the Register of deeds
reoccurrence of any similar faults o At least 1 in every city or province
Additionally, this aims to avoid possible conflicts of title to real o Headed by a register who is a lawyer with at least 3 years
estate and to facilitate transactions relative thereto by giving the of practice, deputy register of deeds
public the right to rely upon the face of the Torrens certificate of title o Sec 10, PD 1529
and to dispense with the need of inquiring further, except when the
party concerned has actual knowledge of facts and circumstances
that should impel a reasonably cautious man to make further
inquiry.
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Section 10. General functions of Registers of Deeds. The office 1945 or earlier
of the Register of Deeds constitutes a public repository of 2. Those who have acquired ownership of private
records of instruments affecting registered or unregistered lands lands by prescription under the provisions of
and chattel mortgages in the province or city wherein such office existing laws
is situated. 3. Who have acquired ownership of private lands
It shall be the duty of the Register of Deeds to immediately or abandoned river beds by right of accession
register an instrument presented for registration dealing with or accretion under the existing laws
real or personal property which complies with all the requisites 4. Those who have acquired ownership in any
for registration. He shall see to it that said instrument bears the other manner provided by law
proper documentary and science stamps and that the same are
properly canceled. If the instrument is not registerable, he shall NATURE OF JUDICIAL LR PROCEEDINGS (Sec 2)
forthwith deny registration thereof and inform the presentor of Section 2. Nature of registration proceedings; jurisdiction of
such denial in writing, stating the ground or reason therefor, and courts. Judicial proceedings for the registration of lands
advising him of his right to appeal by consulta in accordance throughout the Philippines shall be in rem and shall be based
with Section 117 of this Decree on the generally accepted principles underlying the Torrens
system.
What is the nature or character of Register of deed’s function? Courts of First Instance shall have exclusive jurisdiction
Maranga vs. Bustillo over all applications for original registration of title to lands,
 Ministerial in nature including improvements and interests therein, and over all
petitions filed after original registration of title, with power to hear
 Only determines WON document is registrable
and determine all questions arising upon such applications or
 Does not contemplate hearing and notice
petitions. The court through its clerk of court shall furnish the
 Cannot determine validity of contract because that
Land Registration Commission with two certified copies of all
involves discretion
pleadings, exhibits, orders, and decisions filed or issued in
 If purpose of registration is notice, validity of contract shall applications or petitions for land registration, with the exception
be litigated afterwards of stenographic notes, within five days from the filing or
issuance thereof.
Instances when ROD may deny registration o In rem and based on generally accepted principles
1. In cases of co-ownership: o “In rem” –– proceedings bind the whole word
 If land is said by co-owners; presentment of all co- o Not addressed to specific person/s but to the WHOLE
owner’s duplicate is required. However, if not able to WORLD
comply, registration may be denied. o Jurisdiction of court over whole world done by publication
 Note: only public documents are registrable in a newspaper of general circulation over the Philippines
2. In cases of selling of land to foreigners or aliens o Section 26. Once there is notice of hearing, all persons
 Basis: Constitution are party-defendants
Section 26. Order of default; effect. If no person appears and
TYPES AND MODES OF LAND REGISTRATION answers within the time allowed, the court shall, upon motion of
1. Judicial Land Registration proceedings the applicant, no reason to the contrary appearing, order a
 Judicial confirmation of incomplete and imperfect title default to be recorded and require the applicant to present
 Voluntary or Ordinary LR proceedings evidence. By the description in the notice "To all Whom It May
 Cadastral proceedings Concern", all the world are made parties defendant and shall be
2. Administrative Registration Proceedings concluded by the default order.
 Granted to qualified Filipino citizens Where an appearance has been entered and an answer
 E.g. Homestead patent, sales patent filed, a default order shall be entered against persons who did
not appear and answer.
AN:
Legislation regarding land Registration o “In personam” –– only between parties, addressed to a
1. The Public Land Act (CA No. 141) specific person
2. The Land Registration Act (Act No. 496)
3. The Cadastral Act (Act No. 2259) QUASI IN REM PROCEEDINGS
4. The Property Registration Decree (PD No. 1529)  action against specific person but purpose is to subject
o issued to update above mentioned law and to codify the the land in lien or burden
various laws relative to registration of property and to
facilitate effective implementation of laws WHICH COURT HAS JURISDICTION?
o Judicial proceedings are in rem (like old legislation); and  Originally, the Court of First Instance; now, the Regional
 Proceeding is in rem when the object of the action is Trial Court has the exclusive jurisdiction
to bar indifferently all who might be minded to make  First level courts have been given authority to hear and
an objection of any sort against the right sound to be decide cadastral or land registration cases covering
established and if anyone in the world has a right to lands: called as “Delegated jurisdiction”
be heard on the strength of alleging facts which if 1. Cases covering lands where there’s no controversy
true, show an inconsistent interest. 2. LR cases covering contested lands does not
o Based on the generally accepted principles underlying exceed Php100k
the Torrens system.  RTC and first level courts are of the same level:
o Persons who may apply for registration: concurrent jurisdiction –– appeal; must therefore be filed
1. Those who by themselves or thru their before CA
predecessors-in-interest have been in open,
continuous, exclusive and notorious IPRA (RA 8371)
possession and occupation of alienable and Section 12. Option to Secure Certificate of Title under
disposable lands of the public domain under a Commonwealth Act 141, as amended, or the Land Registration
bona fide claim of ownership since June 12,
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Act 496. - Individual members of cultural communities, with


respect to individually-owned ancestral lands who, by IS THERE A TIME LIMIT FOR APPLICATION?
themselves or through their predecessors-in -interest, have ANS: YES. RA 9176, Sec 2 –– extended to December 31, 2020
been in continuous possession and occupation of the same in
the concept of owner since the immemorial or for a period of not 1529, Sec 14, Subsection (1)
less than thirty (30) years immediately preceding the approval Maximum area: 12 hectares
of this Act and uncontested by the members of the same CA 141, Sec 48 (b)
ICCs/IPs shall have the option to secure title to their ancestral as amended
lands under the provisions of Commonwealth Act 141, as
amended, or the Land Registration Act 496. What conditions are required so application may be granted? What
For this purpose, said individually-owned ancestral lands, must applicant prove?
which are agricultural in character and actually used for 1) That land is alienable and disposable land of public domain
agricultural, residential, pasture, and tree farming purposes,  What kind of Evidence?
including those with a slope of eighteen percent (18%) or more,  Document evidencing (1) presidential proclamation,
are hereby classified as alienable and disposable agricultural (2) Executive order, (3) administrative order by
lands. DENR; or (4) legislative act or statute
The option granted under this Section shall be exercised  Remember DENR vs. Mayor Yap: requires positive
within twenty (20) years from the approval of this Act. act from government –– declaration of state
 Republic vs. EA: “must present a copy of either
 Indigenous members of a cultural community may file for DENR’s order or President’s order or executive
application for Land Registration of individually owned order (a certified true copy) from the official
ancestral lands custodian that machine a copy is certified true copy
 Not a separate registration proceedings of records
 Merely gives option to register 2) Possession and occupation must be since June 12, 1945 or
 What kind of proceedings? ANS: Voluntary or Ordinary earlier … and in a manner and concept Sec 48 (b): open,
proceedings continuous, exclusive, notorious, other bona fide claim of
ownership
JUDICIAL CONFIRMATION OF INCOMPLETE AND IMPERFECT  “other bona fide claim of ownership –– possession is not
TITLE that of a lessee, tenant or agent but claimant’s
Correlate Sec 48 (b), CA 141 with Sec 11 (of?) possession must be that as of an owner
(b) Those who by themselves  “Open” –– visible, apparent and not clandestine
or through their predecessors  “Continuous” –– uninterrupted, unbroken, and not
in interest have been in open, occasional
continuous, exclusive, and  “Exclusive” –– for own use and benefit
notorious possession and  “Notorious” –– conspicuous; known by public or people
occupation of agricultural in the neighborhood
lands of the public domain,  “Adverse” –– open and notorious
under a bona fide claim of
acquisition or ownership, for HOW DO YOU IMPROVE IDENTITY OF LAND?
at least thirty years  Documentary evidence, also particularly: (1) Survey plan
immediately preceding the and (2) technical description
filing of the application for  Other documents: tax declaration and tax receipts
confirmation of title except
when prevented by war or HOW CAN POSSESSION AND OCCUPATION BE PROVED?
force majeure. These shall be  Documentary and testimonial evidence
conclusively presumed to
have performed all the EFFECT OF COMPLIANCE WITH SEC 48, CA 141
conditions essential to a Director of Lands vs. IAC
Government grant and shall  When the conditions as specified in the Land Public Act
be entitled to a certificate of are complied with, the possessor is deemed to have
title under the provisions of acquired, by operation of law (automatic), a right to a grant,
this chapter. without the necessity of a certificate of title being issued
Nature of proceedings:  The land perforce ceases to be of the public domain and
 Also, judicial and in rem beyond the authority of the director of lands to dispose of.
 Legal basis: possession and occupation The application is then a mere formality; lack of such does
 1st amendment: July 26, 1894 not affect the sufficiency of the title as would be evidenced
 2nd Amendment: RA 3872 by the patent and the corresponding Torrens title issued
o Inserted another subsection –– members of pursuant to such patent.
ancestral ….
 3rd amendment: PD 1073  Last sentence of Sec 48 (b), CA 141: possession is deemed
o Amending subsections b and c to have been acquired by operation of law –– Right to the
o Shall apply only to alienable and disposable lands grant (government grant) without necessity of certificate of title
of public domain being issued
 Registration confirm title to land
WHO ARE QUALIFIED APPLICANTS?
(1) Filipino citizens RE: Private corporation to hold public lands
(2) Private corporation or association who acquired land  According to 1935 constitution: Yes, doctrine on vested
from (1) rights based on the due process clause
(3) Natural born citizens who have lost citizenship
LTD Lecture Notes
CKA, 2017
7

 In 19378 and 1987: Yes, ONLY if acquired from a Filipino • LRA or the Pangasiwaan sa Patalaan ng Lupain is the central
citizen who has complied with 2 conditions provided in repository of records relative to the original registration of lands
Section 48 (b) titled under the Torrens system. Specifically, it is responsible for
 Private land already: prohibition no longer applies the issuance of decrees of registration and certificates of title
 However, if conditions not complied yet, NO. For it where land is brought for the first time under the Torrens system.
violates the constitutional prohibition
Prohibition under constitution (Art. XII, Sec. 3) Functions of the Authority
Section 3. Lands of the public domain are classified into • Extend speedy and effective assistance to the DAR, Land
agricultural, forest or timber, mineral lands and national parks. Bank and other agencies in the implementation of the land
Agricultural lands of the public domain may be further classified reform program of the government;
by law according to the uses to which they may be devoted. • Extend assistance to courts in ordinary and cadastral land
Alienable lands of the public domain shall be limited to registration proceedings;
agricultural lands. Private corporations or associations may not • Be the central repository of records relative to the original
hold such alienable lands of the public domain except by lease, registration of lands titled under the Torrens system
for a period not exceeding twenty-five years, renewable for not including subdivision and consolidation plans of titled
more than twenty-five years, and not to exceed one thousand lands.
hectares in area. Citizens of the Philippines may lease not more
than five hundred hectares, or acquire not more than twelve Registry of Property
hectares thereof, by purchase, homestead, or grant. The registration of instruments affecting registered land
Taking into account the requirements of conservation, must be done in the proper registry in order to affect and bind the
ecology, and development, and subject to the requirements of land and thus operate as constructive notice to the world. This is in
agrarian reform, the Congress shall determine, by law, the size full accord with Sec 51 of PD No 1529 which provides that “no deed,
of lands of the public domain which may be acquired, mortgage, lease, or other voluntary instrument, except a will
developed, held, or leased and the conditions therefor. purporting to convey or affect registered land shall take effect as a
conveyance or bind the land, but shall operate only as a contract
Natividad vs. CA between the parties and as evidence of authority to the Register of
 On January 1982, Tomas Claudio Memorial College Deeds to make registration.” Thus, if the sale is not registered, it is
applied for registration of 6 parcels of land which was binding only between the seller and the buyer but it does not affect
opposed by DOL for being private corporation innocent third persons.
 Prayed to be substituted by Natividad, Pascual and Ramos
because on November 1982 –– land sold; motion was Registration
granted Entry of instruments or deeds in a book or public registry.
 Lower court rendered a decision ordering the registration To register means to enter in a register; to record formally and
of the lots in the names of Natividad, Pascual and Ramos. distinctly; to enroll; to enter in a list –– Which records solemnly and
permanently the right of ownership and other real rights. Notice to
 DOL appealed claiming that through substitution was a
all the world; all persons are charged with the knowledge of hat it
circumvention of the constitutional prohibition against
contains.
acquisition by private corporations of alienable lands of the
public domain and that, furthermore, petitioners failed to
Office of the Register of Deeds
adduce adequate and substantial proof that they and their
Constitutes a public repository of records of instruments
predecessors-in-interest had been in open, continuous,
affecting registered or unregistered lands and chattel mortgages in
exclusive and notorious possession in the concept of
the province or city wherein such office is situated. The existence
owners since June 12, 1945 or prior thereto, as required
of a certificate of title in the registry supports and strengthens the
by law.
authentic of the title.
 Determinative of this issue is the character of the parcels
of land –– whether they were still public land or already
While the duty of the RD to register instruments dealing with
private when the registration proceedings were
registered property is ministerial, there are instances where he may
commenced. If they were already private lands, the
be justified in denying registration as for example:
constitutional prohibition against acquisition by a private
1. Where there are several copies of the title (co-owner’s
corporation would not apply
duplicate) but only one is presented with the instrument
 The parcels of land in question had already been to be registered
converted to private ownership through acquisitive 2. Where the property is presumed to be conjugal but the
prescription by the predecessors-in-interest of TCMC instrument of conveyance bears the signature of only
when the latter purchased them in 1979. All that was one spouse
needed was the confirmation of the titles of the previous 3. Where there is a pending case in court where the
owners or predecessors-in-interest of TCMC. character of the land and validity of the conveyance are
in issue
What is controlling? 4. Where required certificates or documents are not
Character of parcels of land when judicial proceedings were submitted
commenced (private or public land)
Survey –– the process by which a parcel of land is measured and
AN: its boundaries and contents ascertained
CHAPTER II: Survey plan –– serves to establish the true identity of the land to
LAND REGISTRATION COMMISSION AND ITS REGISTRIES ensure that it does not overlap a parcel of land or a portion thereof
OF DEEDS already covered by a previous land registration and to forestall the
• Headed by an administrator who is assisted by 2 deputy possibility that it will be overlapped by a subsequent registration of
administrators, all of whom are appointed by the president upon any adjoining land.
the recommendation of the Secretary of Justice. All other officials
of the LRA, except Register of Deeds are appointed by the
Secretary of Justice upon recommendation of the Administrator.