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AN OVERVIEW OF LAND TITLES AND DEEDS of the title, except claims which were noted at the time

of registration, in the certificate, or which may arise


1. Importance of the Subject
subsequent thereto. That being the purpose of the law,
a. Man - Land Ratio it would seem that once a title is registered, the owner
b. Land as a finite resource may rest secure, without the necessity of waiting in the
portals of the courts, or sitting in the "mirador de su
II. GOVERNINING LAWS casa", to avoid the possibility of losing his land. (Legarda
1. PD 1529 otherwise known as "The Property vs. Saleeby 31 Phl 590)
Registration Decree". Approved June 11, 1978 b.) The main purpose of the Torrens System is to avoid
codified and incorporated the following laws related to possible conflicts of title to real estate and to facilitate
property registration: transactions relative thereto by giving the public the
a. Act 496, The Land Registration Act right to rely upon the face of the Torrens Certificate Title
b. Commonwealth Act 141, The Public Land Act and to dispense with the need of inquiring further,
c. Act 2259, The Cadastral Act except when the party concerned has actual knowledge
d. Act 3344, System of Registration for of the facts and circumstances that should impel
Unregistered Lands a reasonably cautious man to make such further inquiry.
e. Act No. 1508, as amended, The Chattel (Traders Royal Bank vs CA 315 SCRA 190)
Mortgage Law
f. Republic Act No. 26, Reconstitution of Original 2. Jurisdiction
Certificates of Title
a. Regional Trial Court Courts of First Instance (RTC) shall
g. PD 27, Emancipation Patents, Land Reform Law
have exclusive jurisdiction over all applications for
original registration of title to lands, including
2. The Civil Code Provision (Articles 708 - 711)
improvements and interest therein, and over
Title IX all petitions filed after original registration of title, with
power to hear and determine all questions arising upon
a. Art. 708. The Registry Property has for its object such applications or petitions. (Sec 2, PD 1529)
the inscription or annotation of acts and
contracts relating to the ownership and b. Pursuant to Sec 34 of Batas Pambansa 129, the
other rights over immovable property. Supreme Court issued Administrative Order No 64-93
b. Art. 709. The titles of ownership, or of dated April 21, 1993, authorizing METC's, MTCC's and
other rights over immovable property, which are MTC's to hear and decide, Cadastral or Land
not duly inscribed or annotated in the Registry Registrationcases covering Lots where there is no contro
of Property shall not prejudice third persons. versy or opposition, or contested lots, the value of which
c. Art. 710. The books in the Registry of Property does not exceed P100, 000.00 for MTC's and P200,
shall be public for those who have a known 000.00 for METC's.
interest in ascertaining the status of the
IV. ORIGINAL REGISTRATION
immovables or real rights annotated or inscribed
therein. 1. Original Registration under Sec 14, Pd 1529Who may
d. Art. 711. For determining what titles are subject apply:
to inscription or annotation, as well as the form,
A.) Those who by themselves or through their
effects, and cancellation of inscriptions and
predecessors-in-interest have been in open, continuous,
annotations, the manner of keeping the books in
exclusive and notorious possession and occupation of
the Registry, and the value of the entries
alienable and disposable lands of the public domain
contained in said books, the provisions of the
under a bona fide claim of ownership since June 12,
Mortgage Law, the Land Registration Act, and
1945, or earlier.
other special laws shall govern.
In Republic vs CA and Corazon Naguit GR No 144057,
THE TORRENS SYSTEM
January 17, 2005, the Supreme Court held that: “Sec
1. The Legal Basis and Nature (Sec 2, PD 1529)Nature of 14(1) of PD 1529 merely requires the property sought to
registration proceedings; jurisdiction of courts. - be registered as already alienable and disposable at the
Judicialproceedings for the registration og lands time of application for registration of title is filed."
throughout the Philippines shall be in rem
"If the State, at the time the application is made, has not
and shall be based on the generally accepted principles
yet deemed it proper to release the property for
underlying the Torrens system.
alienation or disposition, the presumption is that the
2. Purpose and meaning of the Torrens System of government is still reserving the right to utilize the
Registration. property, hence, the need to preserve its ownership is
the State irrespective of the length of adverse
a.) The real purpose of the system is to quiet title of
possession even if in good faith."
land; to put a stop forever to any question of the legality
"However, if the property has already been classified as The period to avail of this provision has been extended
alienable and disposable, then there is already an to Dec 31, 2020pursuant to RA 9176, approved Nov 13,
intention on the part of the State to abdicate its 2002 with the limitation that the area applied for should
exclusive prerogative over the property." not exceed 12 hectares.

"There are no material differences between Sec 14 (1) of 3. Cadastral Act, Ac 2259
the Property Registration Decree and Sec 48 (b) of the
(Involuntary Proceedings) Compulsory proceedings are
Public Land Act. True, the Public Land Act does refer to
premised on the presumption under the Regalian
"agricultural land of the public domain, “while the
Doctrine. That all Lands of whatever classifications
Property Registration Decree uses the term "Alienable
belong to the public domain. Once instituted in court, all
and Disposable lands of public domain." It must be noted
private claims to land are open to question and it is to
though that the Constitution declares that "alienable
the public interest that such private claims be settled
lands of public domain shall be limited to agricultural
and adjudicated.
lands. Clearly, the subject lands under Sec 48 (b) of the
Public Land Act and Sec 14(1) of the Property 4. Administrative Method
Registration Decree are of the same type."
Free Patent, Homestead and Sale Provisions
B.) Those who have acquired ownership of private lands
by prescription under the provisions of existing laws. A.) Whenever lands of the public domain are disposed of
by the DENR through free patent, homestead and sales,
“Prescription is one of the modes of acquiring ownership they shall be brought under the operation of the Torrens
under the Civil Code. There is a consistent jurisprudential System.
rule that properties classified as alienable public land
may be converted into private property by reason of Thus Sec 103 of PD 1529, states:
open, continuous and exclusive possession of at least 30 “Whenever public land is by the Government alienated,
years. With such conversion, such property may now fall granted, or conveyed to any person, the same shall be
within the contemplation of "Private Lands" under brought forthwith under the operation of this Decree. It
Section 14(2), and thus susceptible to registration by shall be the duty of the official issuing the instrument
those who have acquired ownership through of alienation, grant, patent or conveyance in behalf
prescription. Thus, even if possession of the alienable of the Government to cause such instrument to be filed
public land commenced on a date later than June 12, with the Register of Deeds of the province or city where
1945, and such possession being open, continuous and the land lies, and to be registered like other deeds
exclusive, then the possessor may have the right to and conveyance whereupon a certificate of title shall be
register the land by virtue of Section 14(2) of the entered as in other cases of registered land, and an
Property Registration Decree" (Republic vs CA and owner's duplicate issued to the grantee."
Naguit)
B.) Emancipation Patent or Certificates of Land
C.) Those who have acquired ownership of private lands Ownership Awards(CLOA)
or abandoned river beds by right of accession or
accretion under the existing laws. Accretion is the slow Whenever a tenant or farm worker is issued a patent,
and hardly perceptible accumulation of soil deposits that the same shall also be transmitted to the Register of
the law grants to the riparian owner. (Binalay vs Manolo, Deeds for registration under Sec 104and 105 of PD 1529
195 SCRA374) and the issuance of the corresponding Certificate of
Title, this bringing the land under the operation of the
D.) Those who have acquired ownership of land in any Torrens System.
other manner provided by law.
C.) Indefeasibility of a title obtained through the
2. Judicial Confirmation of Imperfect or Incomplete Title administrative method.
under Sec 48 (b) of CA 141.
An original certificate of title issued on the basis of a
Those who by themselves or through their predecessors- patent partakes of the nature of a certificate of title
in-interest have been in open, continuous, exclusive, and issued in a judicial proceeding and becomes indefeasible
notorious possession and occupation of agricultural upon the expiration of one year from the date of
lands of the public domain under a bona fide claim of promulgation of the order of the Director of Lands for
acquisition of ownership, for at least 30 years the issuance of patent.
immediately preceding the filing of the application for
confirmation of title, except when prevented by war or (Heirs of Gregorio Tingco vs Heirs of Jose Alinaias, 168
force majeure. Those shall be conclusively presumed to SCRA198)
have performed all the conditions essential to a V. STEPS IN THE ORIGINAL REGISTRATION OF TITLE
government grant and shall be entitled to a certificate of
title under the provision of this chapter. 1. Survey - In Director of Lands vs. Reyes, et al, 68 SCRA
177 -182. The SC ruled: “The applicant is not relieved
from submitting in evidence the original planapproved by law, the land after the lapse of said period Ipso Jure
by the Director of Lands as required by law. One of ceases to form part of the public domain and becomes
thedistinguishing marks of the Torrens System is the private property, thus removing it from the ambit of the
absolute certainty of the identity of a registered land. constitutional prohibition
Consequently, the primary purpose of the said
(Republic vs CA 155 SCRA 344)
requirements is to fix the exact or definite identity of the
land as shown in the plan and technical description." G. Spanish Titles - PD 892, effective Feb 16, 1976,
invalidated all Spanish titles and declared that they can
2. Application - Discussed earlier as to where to file.
no longer be used as evidence of landownership. They
3. Setting the Date of Initial Hearing shall then be treated as unregistered lands.

Not earlier than 45 days nor more than 90 days from the H. Judgment - Shall become final after 15 days from
date of the order (Sec 23, PD 1529) notice, there can beno execution of judgment
pending appeal in land registration proceedings.
4. Transmittal of the Order of the Court to the LRA
9. Decree of Registration for the Land to be issued by the
5. Preparation and Issuance of the Notice of Initial
Administrator, LRA
Hearing
10. Original Certificate of Title
6. Publication, registered mail and posting (Sec 3, Pd
1529) The land Registration Authority has devised a form
where the decree and the original certificate of title
“Sec 23 states that publication in the Official Gazette
are embodied in the same document.
shall be sufficient to confer jurisdiction upon the Court.
However, in Director of Lands vs. CA (276 SCRA 276-287) VI. CHARACTERISTICS OF A TORRENS CERTIFICATE
the SC ruled that the publication in a newspaper OF TITLE
of general circulation is equally a mandatory
Rules, principles, doctrines, and maxims of the Torrens
jurisdictional requirement. "The elementary norms of
system which were culled from landmark decisions of
due process require that before the claimed property is
the highest court on actual cases as arranged by Prof.
taken from the concerned parties and registered in the
Gregorio Bilog in his book, "Land Title and Deeds",
name of
2005 Ed.
theapplicant. The said parties must be given notice and o
pportunity tooppose. A. Best Evidence of Ownership - A Torrens Certificate of
Title is the best evidence of ownership of the land
7. Opposition
described therein.
Shall be filed by any person who claims the land or any
(See Vilanueva vs CA, 198 SCRA 482 Ching vs CA, 181
interest therein.8.
SCRA 9,Heirs of George Bofill vs CA, 237 SCRA 451,Halili
Initial Hearing and Presentation of Evidence vs National Labor Relations Commissions, 257 SCRA
174,Lee Tek Sheng vs CA, 292 SCRA 544)
A. General Default
B. Notice to the Whole World - A torrens title gives notice
B. Default Order is entered
to the whole world; or a Torrens title bind the whole
C. All applicants must overcome the presumption that world.
the land sought to be registered form part of the public
(See Egao vs CA, 174 SCRA 484, National Grains
domain.
Authority vs IAC, 157 SCRA 380,Ching vs Malaya, 153
(Republic vs CA and Naguit Supra) SCRA 412,People vs Reyes, 175 SCRA 597)

D. Tax declarations when coupled with proof of actual The issuance of certificate of title is a constructive notice
possession are strong evidence of ownership thereof to all persons .

(Gonzaga vs CA SCRA 327) (Serna vs CA, 308 SCRA 527, 529)

E. A foreign national may apply for registration of title Registration of a deed sale in the Registry of
over a parcel of land which he acquired by purchase Deeds constitutes constructive notice thereof to the
while still a citizen of the Philippines whole world.

(Republic vs CA and Lapiña, 235 SCRA 567) (See Calalang vs ROD of Quezon City, 208 SCRA
215,People vs Pacificador, 354 SCRA 310)
F. A private corporation may apply for judicial
confirmation of title to public agricultural land because if No one can plead ignorance of the registration.
a price of land of the public domain has been in open,
(Egao vs CA, 174 SCRA 484,Jacob vs CA, 244 SCRA 189)
continuous, exclusive and notorious possession under
a bona fide claim of ownership for a period prescribed
C. Unregistered Claims - A Torrens title bars all prior See: Bishop vs CA, 208 SCRA 636 Ruvera vs CA, 244 SCRA
claims not registered on the title. 218 J.M. Tuason and Co., Inc. vs CA, 93 SCRA 146 Egao vs
CA, 174 SCRA 484 Alarcon vs Bidin, 120 SCRA 390 Umbay
(See PD 1529 , Sec 44; Republic vs Umali 171 SCRA 647)
vs Alecha, 135 SCRA 427 Cimafranca vs IAC, 147 SCRA
All claims and liens of whatever character existing 611Gallardo vs. IAC, 155 SCRA 248 Claudel vs. CA, 199
against the land prior to the issuance of certificate of SCRA 133Jacob vs. CA, 224 SCRA 198 Caiña vs. CA, 239
title are barred, if not noted on said certificate. The SCRA 252 Vda. de Villanueva vs CA, 351 SCRA 12
registered owner of a Torrens Certificate of Title and the
F. Integrity of Titles - The integrity of the Torrens System
subsequent purchaser for value and in good faith of
must be protected. Every person dealing with registered
registered land shall hold the certificate free from all
land may safely rely on the correctness of the certificate
liens and encumbrances, except those noted in said
of title issued therefore and the law will in no way oblige
certificate and those specified by law.
him to go behind the certificate to determine the
(See PD 1529 Sec 44 and 46, Republic vs Umali 171 SCRA condition of the property. Stated differently, an innocent
647, Felix Gochan and Sons Realty Corp vs Cañada, 165 purchaser for value, relying on a Torrens title issued, is
SCRA 207; Ferre-Lopez vs CA 150 SCRA 393;Cureg vs IAC, protected.
177 SCRA 313, Aldecoa and Co vs Warner Barns & Co, 30
G. Not Subject to Collateral Attack - A certificate of title
Phil 209;Snyder vs Fiscal of Cebu and Avila. 42 Phil 766)
shall not be subject to collateral attack. It cannot be
D. Indefeasible - A Torrens certificate of title services as altered, modified or cancelled, except in a direct
evidence of an indefeasible title to the property in favor proceeding in accordance with law.
of the person whose names appear therein.
See. PD. 1529. Sec. 48; See also National Grains
(See Republic vs CA, 204 SCRA 160, Muyco vs CA, 204 Authority vs IAC, 157 SCRA 380;Tan vs. Philippines
SCRA 358, Tirado vs Sevilla, 188 SCRA 321, Ortegas vs Banking Corp., 355 SCRA 292; Windows and Orphans
Hidalgo, 198 SCRA 6356, Jacob vs CA, 266 SCRA189) Association, Inc. vs CA, 201 SCRA 165; Toyota Motor
Phils. Corp vs CA, 216 SCRA236)
Title to the property covered by a Torrens certificate
becomes incontrovertible or indefeasible after one year H. Fraudulent Registration - The person in whose name
from the entry of the decree of registration. the land is fraudulently registered holds it as a mere
trustee, with the legal obligation to reconvey the
**See PD 1529, Sec 32 Calalang vs. Register of Deeds property and the title thereto in favor of the true owner.
of Quezon City, 208 SCRA 215 Reyes and Nadres vs
Borbon and Director of Lands, 50 Phil 791Jacob vs Court (Pajarillovs IAC, 176 SCRA 340)
of Appeals, 224 SCRA 189Trinidad vs IAC, 204 SCRA
A Torrens title cannot be used as a shield for fraud or for
524Tirado vs Sevilla, 188 SCRA 321Cagayan de Oro City
enriching a person at the expense of another.
Landless Residents Association, Inc, vs CA, 254 SCRA
220 Republic vs CA, 204 SCRA 160 Muyco vs CA, (Vda. De Recinto vs Inciong, 77 SCRA 196; Legarda and
204 SCRA 358 Ortegas vs. Hidalgo, 198 SCRA Prieto vs Saleeby, 31 Phil 590)
635 Republic vs De Guzman, 326 SCRA 267 Heirs of
The Torrens system was not designed to shield and
Simplicio Santiago vs Heirs of Mariano E. Santiago, 404
protect one who had committed fraud or
SCRA 193
misrepresentation and thus holds title in bad faith.
E. A Torrens Title is Imprescriptible
(Walstrom vs. Mapa, Jr., 181 SCRA 431)
(See PD 1529, Sec 47; Vda. de Villanueva vs CA,
The Torrens system only protects a title holder in good
351 SCRA 12)
faith, and cannot be used as shield for fraud and
No title to registered land in derogation of the title of chicanery. Deceit is not to be countenanced; duplicity is
the unregistered owner shall be acquired by prescription not to be rewarded.
or adverse possession.
(Philippine Commercial &Industrial Bank vs Villalva, 48
See: PD 1529, Sec 17 Viacrucis vs CA, 44 SCRA 176 J.M. SCRA 31)
Tuason and Co., Inc. vs CA, 93 SCRA 146 Alarcon vs Bidin,
The Torrens title cannot cover up frauds.
120 SCRA 390 umbay vs Alecha, 135 SCRA
427 Cimafranca vs IAC, 147 SCRA 611Gallardo vs. IAC, (Adille vs. CA, 157 SCRA 672)
155 SCRA 248 Claudel vs. CA, 199 SCRA 133Jacob vs. CA,
224 SCRA 198 Caiña vs. CA, 239 SCRA 252 Rivera vs. CA, I. Forgery - Any registration procured by the
244 SCRA 218 presentation of a forged duplicate certificate of title, or a
forged deed or other instrument shall be null and void
The owner of the land registered under the Torrens (PD 1529 Sec 23) A forged instrument may become the
System cannot lose it by prescription "root of a valid title".

(Torres vs CA, 186 SCRA 672)


A fraudulent or forged document of sale may become Good Faith - The presumption is that the transferee of
the root of a valid title if the certificate of title has registered land is not aware of any defect in the title of
already been transferred from the name of the true the property he purchased.
owner to the name of the forger or the name indicated
(Tajonera vs CA,103 SCRA 467)
by the forger.
N. Reliance on the Title - Every person dealing with
(See Duran vs. IAC, 138 SCRA 489; De la Cruz vs Fabie, 35
registered land maysafely rely on the correctness of the
Phil 14; Roman Catholic Bishop vs Philippine Railway, 49
certificate of title issued therefore.
Phil. 546)
(See Halili vs Court of Industrial Relations, 257 SCRa 174;
The doctrine that a forged instrument may become the
Kho vs CA, 214 SCRA 329;Legarda vs CA, 208 SCRA 642;
root of a valid title cannot be applied where the owner
Ibarra vs. Ibarra, Sr, 156 SCRa 616)
still holds a valid and existing certificate of title covering
the same interest in a realty. One who deals with properly registered under the
Torrens System need not go beyond the same, but only
(Torres vs CA, 186 SCRA 672)
has to rely on the title. He is charge with notice only of
J. Loss - As between two innocent persons, the one who such burdens and claims as are annotated on the title.
made it possible for the wrong to be done should be the
(Domingo vs. Roces, 401 SCRA 197)
one to bear the resulting loss

(See: Legarda vs CA, 280 SCRA 642; Cabuhat vs CA, 366


SCRA 176; Tomas vs. Tomas, 98 SCRA280; Traders Royal Exception:
Bank vs. CA, 315 SCRA 190)
This principle does not apply when the party has actual
As between two persons, both of them whom are in knowledge of facts and circumstances that would
good faith and both innocent of any negligence, the law impel a reasonably cautious man to make such inquiry or
must protect and prefer the lawful holder of registered when the purchaser has knowledge of a defect or the
title over the transfer of a vendor bereft of any lack of title in his vendor or of sufficient facts to induce a
transmissible rights. (Baltazar vs. CA, 168 SCRA 354; reasonably prudent man to inquire into the status of the
Torres vs CA, 186 SCRA672) title of the property in litigation. One who falls within the
exception can neither be dominated an innocent
K. Priority of Rights - "Prior tempore potior jure" -He who
purchaser for value nor a purchaser in good faith.
is first in time is preferred in right. The act of registration
in the Registry of Deeds shall be the operative act to (Domingo vs. Roces, 401 SCRA 197)
convey or affect the land insofar as third persons are
concerned. An innocent purchaser for value has every right to rely
on the correctness of the title.
L. Double Titles - Where two certificates of title include
the same land, the certificate that is earlier in (A.D. Guerrero vs. Juntilla, 173 SCRA 572; Gevero vs IAC,
date prevails. 189 SCRA201)

(Garcia vs CA, 95 SCRA 380) He is not required to explore further than what the
Torrens title on its face indicates, in quest for any hidden
M. Presumptions: Regular and Valid - Torrens title defect or inchoate right that may subsequently defeat
presumed to have been issued regularly and legally. his right thereto.
(Salao vs Salao, 70 SCRA 65, Ching vs. Malaya, 153SCRA (National Grains Authority vs. IAC, 157 SCRA 380; Duran
412; Ofrecio vs. Lising, 159 SCRA 366, Republic vs. IAC 138 SCRA 489)
vs. Umali, 171 SCRA 647;People vs. Reyes, 175 SCRA 597,
Bishop vs. CA, 208 SCRA 636) Where the title is in the name of the vendor when the
land is sold, the vendee for value has the right to rely on
A strong presumption exists that a Torrens title is what appears on the title. Where innocent third persons
regularly issued and that itis valid. relying on the correctness of the certificate of title
issued, acquired rights over the property, the court
(Salao vs Salao, 70 SCRA 65)
cannot disregard such rights and order the total
A Torrens title is presumed to have been issued regularly cancellation of the certificate for that would
and legally, unless contradicted and overcome by clear, impair public confidence in the
convincing, strong and irrefutable proof. More than certificate of title, otherwise everyone dealing with
merely preponderant evidence is required. property registered under the Torrens System would
have to inquire in every instance as to whether the title
(Ramos vs. CA, 112 SCRA 542)
had been regularly or irregularly issued by the court.

A mortgagee has the right to rely on what appears in the


certificate of title and in the absence of anything to
excite suspicion, he is under no obligation to lock beyond is committed outside the trial of a case against
the certificate and investigate the title of the mortgagor the defeated party whereby said defeated party
appearing on the face of said certificate. is prevented from presenting fully and fairly his
side of the case. Intrinsic Fraud -refers to acts of
A person dealing with registered land has a right to rely
a party in a litigation during trial which did not
on the Torrens certificate of title without the need of
affect the presentation of the case, but did not
inquiring further, except when he has actual knowledge
prevent a fair and just determination of the case.
of facts and circumstances that would impel a
(Sterling Investment Corp vs Ruiz, 30SCRA 318)
reasonably cautious man to make such inquiry or when
C. The title has not passed to the hands of an
he has knowledge of a defect of the lack of title of the
innocent purchaser for value.
other party or of sufficient to induce a reasonably
prudent man to inquire into the status of the title of the 5. Action of Reconveyance Sec 96 of PD 1529 states:
property in litigation. "that nothing in this decree shall be construed to deprive
the plaintiff of any right of action which he may have
See Sandoval vs CA, 260, SCRA 283State Investment
against any person for such loss or damage or
House, Inc. vs CA, 254 SCRA 368 Tiburcio vs PHHC, L-
deprivation (of land or of any estate or interest therein)
13479, October 31, 1959Capitol Subd., Inc. vs Province
without joining the National Treasurer as party-
of Negros Occidental, 7 SCRa 60 Luz vs Manipon, 381
defendant. “
SCRA 788
A. Grounds:
Where the Torrens title is in the name of the vendor, the
vendee has the right to rely on what appears on the title; 1. Fraud
and, in the absence of anything to arouse suspicion, the 2. Implied or Constructive Trust3. Void Contract
vendee has no obligation to look beyond the title.
B. When to Avail
(See: Pino vs CA, 198 SCRA 434Centeno vs CA, 139 SCRA
1. On the ground of fraud - 4 yrs from discovery
545 Chit, Sr. vs Benelda Estate Dev Corp, 353 SCRA
2. Implied Constructive Trust prescribes in 10 years
424Republic vs CA, 306 SCRA 81
C. The period is to be reckoned from the date of
O. Titles Derived from a Void Title are Also Void
issuance of the original certificate of title.
If a certificate of title is void, all subsequent certificates
D. If the party is in actual possession of the property, the
of title derived therefrom are also void because of the
action does not prescribe.
truism that the "spring cannot rise higher than its
source." 6. Action for Damages. If the property has been passed
to an innocent purchaser for value, the aggrieved party
See De Santos vs IAC, 157 SCRA 295 Calalang vs Register
may bring an ordinary action for damages against the
od Deeds of Quezon city, 231 SCRA 88 Mathay vs CA,
applicant. (Sec 32, PD 1529)
295 SCRA 556
7. Action for Compensation from Assurance Fund. Any
This truism is in accord with the Latin maxim, "Nemo
person who sustains loss or damage, or is deprived of
potest pius juris adallum transferre quam ipse habet,"
land or any estate or interest by reason of the operation
"No one can transfer a greater right toanother than he
of the Torrens System may file an action for
himself has."
compensation against the Assurance Fund. (Sec 93 and
VII. REMEDIES OF PERSONS AGGRRIEVED IN A LAND 93 of PD1529)
REGISTRATIONPROCEEDINGS
VIII. VOLUNTARY DEALINGS WITH REGISTERED LANDS
1. New Trial - Rule 37, Rules of Court
1. The act of registration is the operative act to convey
2. Relief from Judgment - Sec 2, Rule 38 of the Rules of or affect the land insofar as third persons are
Court concerned.
2. Entry along produces the effect of registration
3. Appeal - Sec 33 PD 1529 provides that judgment or
whether the transaction is voluntary or involuntary as
orders of the court inland registration cases are
long as registrant complies with all the requirements.
appealable to the Court of Appeals and the Supreme
Court in the same manner as in ordinary actions. (DBP vs RD of Nueva Ecija, 162 SCRa 450)

4. Petition of Review - Sec 32 of PD 1529 3. The production of the owner's duplicate whenever
any voluntary instrument is presented for registration
A. Petition may be filed within one year from the
shall be conclusive authority from the registration
entry of such decree of registration.
shall be conclusive authority from the registered
B. On the ground of Actual or Extrinsic Fraud.
owner to the Register of Deeds to enter a new
Extrinsic Fraud -refers to any fraudulent act of
certificate or to make a memorandum of registration.
the successful party in litigation which
(Sec 53 PD 1529)
4. The "Mirror Principle “A purchaser is not required to In the case of (Toledo-Bañaga vs CA, 302 SCRA 331)
explore beyond what the record in the registry The Supreme Court held:
indicates on its face, in quest for any hidden defect or
“Petitioners other contention that the execution of the
inchoate right which may subsequently defeat his
final and executory decision - which is to issue title in the
title thereto.
name of private respondent - cannot be compelled
(Chu Sr vs Benelda Estate Dev. Corp,353 SCRA 424) by mandamus because of the formality that the
registered owner first surrenders her duplicate
5. Prior physical delivery or possession is not legally req
Certificate of Title for cancellation per Sec. 80 of PD
uired and theexecution of the Deed of Sale is deemed
1529 cited by the Register of Deeds, bears no merit. In
equivalent to delivery.
effect, they argue that the winning party must wait
(Power and Ind. Corp. vs CA, 274 SCRA 59) execution until the losing party has complied with the
formality of surrender of the duplicate title. Such
6. Even if only part of the property has been sold or preposterous contention borders on the absurd and has
alienated within the prohibited period of 5 years such no place in our legal system."
alienation is sufficient cause for the reversion of the
whole estate to the state

(Republic vs CA 281, SCRA 639) 4. Foreclosure of Real Estate Mortgage

IX. INVOLUNTARY DEALINGS1. ADVERSE CLAIM RA 8791, otherwise known as "The General Banking Law,
approved on May 23, 2000 modified the right of the
Even after the lapse of thirty days as provided under Sec. mortgagor to redeem the property in an extrajudicial
70 of PD 1529, an adverse claim may be cancelled only foreclosure under the following conditions:
upon order of the court.
A. The mortgagor is a juridical entity
(Sajonasvs CA, 258 SCRA 79)
B. The property has been mortgaged in favor of a bank,
2. LIS PENDENS quasi-bankor trust entity
A notice of lis pendends is not confined only to cases C. The foreclosure is done extra-judicially If the forgoing
involving the title took possession of real property, but conditions are present, the period of redemption will
applies to suits brought to establish an equitable estate, now be as follows:
interest, or right, in specific real property or to enforce
any lien, charge or encumbrance against it. “The mortgagor shall have the right to redeem the
property until but not after, the registration of
(Viewmaster vs Maulit, GR 136283, Feb 29, 2000) the certificate of foreclosure sale, with the applicable
“A notation of lis pendends neither affects the merits of Register of Deeds which is no case shall be more than
a case nor creates a right or a lien." three months after foreclosure, whichever is earlier. “

3. Surrender of Owner's Duplicate Certificate Stated otherwise, the maximum period of redemption
of Title in Involuntary Dealings. under this new law is three months, and no longer 1 year
as provided under RA 3135. Thus, considering that the
Sec. 107 of PD 1529 provides: period of redemption is reckoned after the date of
“Where it is necessary to issue a new certificate of title the foreclosure or until the registration of the certificate
pursuant to any involuntary instrument which divest the of sale "Whichever is earlier", this period may be shorter
title of the registered owner against his consent or than 3 months as when the buyer, for instance, may
where a voluntary instrument cannot be registered by cause the registration of the certificate of
reason of the refusal or failure of the holder to surrender sale immediately after the foreclosure sale.
the owner’s duplicate certificate of title, the party in X. RECONSTITUTION OF LOST OR DESTROYED ORIGINAL
interest may file a petition in court to compel surrender
of the same to the Register of Deeds. “ Sec. 110 of PD 1529, abrogated the procedure relative to
administrative reconstitution of lost or destroyed
Likewise, Sec. 80 of PD 1529 states: certificates provided under RA 26/ However, A 6732
“Every court rendering judgment in favor of the plaintiff approved on June 8, 1989 allowed once again the
affecting registered land shall, upon petition of said administrative reconstitution of original copies of
plaintiff, order the parties before it to execute certificates of title, but only when it is lost or destroyed
for registration any deed or instrument necessary to give due to fire, flood, and other force majeure. Provided
effect to the judgment, and shall require the registered further that the number of lost or damaged certificates
owner to deliver his duplicate certificate to the plaintiff should at least be 100% and the number of certificates
or to the Register of Deeds to be cancelled or to have of titles lost or damaged be less than 500.00
memorandum annotated upon it."