CHAPTER 1: BACKGROUND, BASIC CONCEPTS & GENERAL PRINCIPLES LAND TITLE – evidence of the owner’s right or extent of interest, by which

he can maintain control and as a rule assert right to exclusive possession and enjoyment of property DEED – instrument in writing by which any real estate or interest therein is created, alienated, mortgaged or assigned or by which title to any real estate may be affected in law or equity Contents: 1. Grantor 2. Grantee 3. Words of grant TYPES
OF ESTATES:

LAND TITLES AND DEEDS

4. Description of Property 5. Signature of grantor 6. Witnesses

1.

FREEHOLD ESTATE – indicates title of ownership

a. b. c. 2.

Fee simple – absolute title; conferred without qualification or restriction Fee tail – pass title to grantee & his heirs Life state – held for duration of life of grantee

limitation,

LESS THAN FREEHOLD ESTATE – a right short of title

a. b. c.
3 STAGES
OF

Estate for years – lease for a period agreed upon, lessor retains ownership of land Tenancy from period to period – lease running from month to month or year to year with automatic renewal Tenancy at will – person is permitted to occupy land of another without stipulation as to period
OF

DEVELOPMENT

LEGAL SYSTEM

OF

TRANSFERRING TITLES:

1. Production & delivery of deed by grantor to grantee without registration 2. Recording of deed of conveyance to bind 3rd persons 3. Registration of title REGISTRATION guarantees the title but RECORDING does not; need to examine other docs PURPOSE LAND TITLES
OF

REGISTRATION:

1. Serve as constructive notice 2. Prevent fraudulent claims

1

5. At least 60% Filipino to acquire private land b. Title by public grant – conveyance of public land by government to a private individual Title by acquisitive prescription notorious possession of a property – open. 6. Abolishes endless fees 2. 2. Instantly reveals ownership 5. Protect interest of strangers to transaction MODES OF PURPOSE secure OF TORRENS LAW: quiet title to land – once registered. Issuance of decree by RTC – decision. Eliminates tax titles 10. Service of notice – contiguous owners. Those who acquired ownership 3. 8. date of initial hearing & other pertinent docs 5. Restricted as to extent reasonably necessary to enable it to carry out purpose which it was created 2 . government Title by voluntary transfer – private grant. Those who acquired ownership LIMITATION 1. 2. Gives eternal title as state ensures perpetuity 11. Reduces records enormously 4. Filing of application for registration by applicant 3. Furnishes state title insurance rather than private title insurance 12. Setting of date of initial hearing of application by RTC 4. Keeps up the system without adding to burden of taxation. Makes fraud almost impossible 7. continuous. Hearing of case by RTC 9. Transcription of decree of registration in registration book & issuance of the owner’s duplicate original certificate of title of the applicant by the LRA . Filing of answer or opposition to application 8. Those who acquired ownership 4. It assures. Eliminates repeated examination of titles 3. Promulgation of judgment by court 10. 7. 3. 8. Protects against encumbrances not noted on the Torrens certificate 6. 1945 or earlier 2.upon payment of prescribed fees CHAPTER 3: APPLICATION IN ORDINARY REGISTRATION PROCEEDINGS WHO MAY APPLY: 1. voluntary execution of deed of conveyance Title by involuntary alienation – no consent from owner of land. patrimonial property of state under June 12. Grantor Heirs & devisees Persons with actual notice LAND REGISTRATION CASE: Title by accretion – alluvium Title by reclamation – filling of submerged land by deliberate act and reclaiming title thereto.3. occupants & those who have interest in property 7. not transferable except by hereditary succession Chapter 2: TORRENS SYSTEM – ORIGIN. owner might rest ACQUIRING LAND TITLES: Persons Bound When Title Not Registered: 1. PROCEDURE IN 1. forcible acquisition by state Title by descent or devise – hereditary succession to the estate of deceased owner Title by emancipation patent or grant – for purpose of ameliorating sad plight of tenant-farmers. NATURE & GENERAL CHARACTERISTICS ADVANTAGES: 1. Sending of copy of decree to Register of Deeds (ROD) 13. Survey of land by Bureau of Lands or duly licensed private surveyor 2. continuous. Entry of decree of registration in Land Titles Administration 12. date & place of hearing – in OG and in newspaper of general circulation 6. notorious possession of bona fide claim of ownership since of private land by prescription of private lands by right of accretion in any manner provided for by law OWNERSHIP OF LAND BY CORPORATION: PRIVATE LANDS a. Makes possible the transfer of titles or loans within hours instead days 1. Those in open. Publication of notice of filing of application. 3. TO exclusive. 4. system’s beneficiaries pay the fees 9. Instruct LRA to issue decree of confirmation & registration 11. Clerk of court to transmit to Land Registration Authority (LRA) the application. exclusive.

2. 3. 3. REQUISITES OF Adjoining owners & those who have rights or interest thereto OPPOSITION: ACCOMPANY APPLICATION: 1. 3 copies of technical descriptions 3. Director of Fisheries. All original muniments of title 5. 3 copies of surveyor’s certificate 4. Limited to 1. Refer to Referee . 2. State interest claimed by oppositor General Default Special Default WITHOUT FILE HAVING ANSWER IS WHEN NO PERSON APPEARS WHILE AT INITIAL PERIOD HEARING TIME TO ALLOWED AND ANSWERS WITHIN IS BUT TIME A PRESCRIBED WHEN AN PARTY TO DO APPEARS AND SO 1. 2. motion praying that same be considered in relation to the pending application TRANSACTION TOOK PLACE AFTER ISSUANCE OF DECREE: • Register directly with ROD for purpose of canceling such title & issuing a TCT JUDICIAL CONFIRMATION OF ORDINARY REGISTRATION (LAND REGISTRATION ACT) /PROCEEDING IMPERFECT TITLE UNDER THE PUBLIC LAND ACT FOR There exist a title to be confirmed Land applied for belongs to the state Court may dismiss without prejudice to file new application Dismiss with prejudice Risk to have application denied without losing land Risk involves loss of land CHAPTER 6: JUDGMENT & DECREE 3 . c. ANSWER & DEFAULT NOTICE IN CONSPICUOUS PLACE IN LAND & BULLETIN BOARD OF MUNICIPALITY – 14 days before hearing HEARING – – within 7 days after publication in OG not less than 45 not more than 90 days from date of order In writing & signed by applicant or person duly authorized Description of land Citizenship Civil status Full names & address of occupants & adjoining owners TO WHOM NOTICE MUST BE SENT: 1. WHAT TO CHAPTER 4: PUBLICATION. RTC 2. Substantial change in boundaries or increase in area . 4.024 ha.new technical description necessary – need new publication & notice Substitution of name of new owner – file motion with court Decrease the area – file motion in court FILED ANSWER ASKS COURT FOR FAILED WITHIN CHAPTER 5: HEARING & EVIDENCE WHO CONDUCTS HEARING: 1. Director of Mines 3.c. Tracing cloth plan duly approved by the Director of Lands 2. Solicitor General & Director of Lands. Apply to both Filipinos & foreign cos. Lease for 25 years renewable b. 5. City/municipal mayor & provincial governor 2. Set forth objections to the application 2. 4 copies of certificate by city/provincial treasurer of assessed value of land Amendments Allowed & Not Allowed 1. If engaged in agricultural – restricted to 1. Department of Agrarian Reform.Commissioner PROCEEDINGS • • • • • • FOR MUNIMENT OF TITLE – instruments or written evidence which applicant hold or posses to enable him to substantiate & prove title to his estate TRANSACTION TOOK PLACE BEFORE ISSUANCE OF DECREE: 1. Record instrument in ROD in same manner as if no application was made 2.000 ha. Form & Contents of Application 1. Present instrument to RTC. PATRIMONIAL PROPERTY OF STATE a.

APPEAL – must be brought 15 days from notice of judgment 3.DECREE – issued by LRA containing technical description of land. accident. Property has not issued to innocent purchaser for value d. 4. Plaintiff is owner of land registered in name of defendant b. Decrees dismissing application Decrees of confirmation and registration • Final 1 year after decree. 3. Action is filed within 1 year after issuance of decree of registration JUDGMENT– decision of court constituting its opinion after taking into consideration the evidence submitted WRIT OF POSSESSION – order to sheriff to deliver the land to the successful party litigant. Action for compensation has not prescribed 1. inclusion of new owners not allowed a. became non-party due to misrepresentation. RELIEF FROM JUDGMENT – 60 days – 6 months after entry of available to party to case. Accion reindivicatoria RES JUDICATA: 1. REVIEW OF DECREE OF REGISTRATION – available to party deprived of day in court. will no longer prosper if already transferred to innocent purchaser for value Requisites: a. invoke actual fraud. Barred/ precluded from bringing an action d. specific acts intended to deceive. available so long as property not yet passed to innocent purchaser for value. 3. mistake. Person is wrongfully deprived of his land by registration in name of another – actual or constructive fraud b. RECONVEYANCE – action in personam. unless there is an innocent purchaser for value • Subject only to appeal • Once final. bad faith or with notice of defect 6. decision is against the law 2. MOTION FOR NEW TRIAL . after judgment.must be brought within 15 days from notice of judgment GROUNDS: 4 . 4. Forcible entry 2. Registration procured through actual fraud c. RECOVERY FOR DAMAGES REMEDIES AVAILABLE AGGRIEVED PARTY IN REGISTRATION PROCEEDINGS: REQUISITES: a. order. Accion publiciana 4. Former judgment must be final Rendered by court having jurisdiction over subject matter & parties Judgment on merits Identity of parties. subject matter and causes of action TO 4. FAME. Fraud. 2.creation or extinguishment of new rights. 2. Against loser 2. and is in possession of land for at least 10 years MEANS TO RECOVER POSSESSION: 1. is not an oppositor in registration proceeding. issued after finality of judgment 1. Unlawful detainer 3. cannot be subject to attack and is deemed conclusive against the world Put end to litigation Purpose of Torrens system is protected • Amendment after 1 year is allowed . excusable negligence which ordinary prudence could not have guarded b. No negligence on his part c. Against anyone unlawfully & adversely occupying WHEN WRIT MAY NOT ISSUE: when party entered into property after issuance of final decree. no prescription 1. Evidence insufficient to justify decision. before expiration of 1 year. person deprived of right is party to case 5. Newly discovered evidence which could not be discovered & produced at trial c.

final approval of LRA. Evidence of full payment of real estate tax d. Payment of fees & documentary stamp tax c. shall be effected without approval of NHA ANNOTATIONS AT BACK OF CERTIFICATE – need court order. Send to ROD – original & duplicate of title & certificate for entry in his registration book 5. 3. dated. entered & file decree of registration in LRA 4. NEED & TO MAKE MEMORANDUM TITLE 3. minute of reception of instrument. Subject to reasonable regulation • Cost borne by vendor CHAPTER 9: REAL ESTATE MORTGAGE REAL ESTATE MORTGAGE – real property/real rights secures fulfillment of an obligation KINDS: Original copy to be filed in ROD. bound in consecutive order PARTITION. Note memorandum & sign & issuance of certificate 5. day. signed. then ROD to issue memorandum that streets not to be disposed except by way of donation to govt. Within 15 days from finality of order of judgment directing registration of title – court to order LRA to issue decree of registration and certificate of title 2. Nationality 3. Owner’s duplicate b. Administrator to issue decree of registration & original & duplicate of OCT – signed by Administrator. File instrument creating or transferring interest and certificate of title with ROD a. no court involved Subdivision plan – approval of NHA. ACTION FOR WHILE IN Involuntary dealings: . time. Enter in order of reception all deeds & voluntary instruments. 2. ROD to keep an entry book – day book 2. write & processes re land -year. month. if deed is not registered. Enter in record book. ANNOTATION IN ENTRY BOOK IS NO PRESENTATION REQUIRED SUFFICIENT Formal requisites of a deed 1. Whether or not corporation 1. ROD to send notice to registered owner ready for delivery after payment of fees 7. it is binding only between parties PROCESS OF REGISTRATION: 5 . numbered & sealed – take effect upon date of entry 6. otherwise null & void CHAPTER 8: VOLUNTARY DEALINGS WITH REGISTERED LAND OPERATIVE ACT – registration by owner. ROD shall send duplicate & note on each certificate of title to whom it is issued 8.CHAPTER 7: CERTIFICATE OF TITLE TORRENS TITLE – certificate of ownership issued under the Torrens System of registration by the government through road naming & declaring owner in fee simple of property described therein free from all liens except those expressly noted PROCESS: 1. Full name 2. Documents are numbered & indexed & indorsed with reference to certificate of title– public records 6. Document of transfer – 1 copy additional for city/provincial assessor ROD shall make a memorandum on the certificate of title. SPLITTING OR CONSOLIDATION OF TITLES: 1. Place of residence 4. Splitting or consolidation – ordinary – ROD level. Civil status 6. Postal address of grantee or other persons acquiring or claiming interest 5. Fees of 5 pesos per document to be paid within 15 days 4. Clerk of court will send order of court & copies of judgment 1. Registered from time of entry 3. signed by him Issue TCT Voluntary dealings: TO PRESENT TITLE TO RECORD THE DEED ON IN REGISTRY 2.

c. Retention of possession . No duplicate need be issued Subject Matter • Real property plus all its accessions unless contrary is stipulated ESSENTIAL REQUISITES: 1.mortgagor retains possession Pacto de Retro – Equitable Mortgage 1. Vendor remains in possession as lessee or otherwise 3. Accessory – presupposes existence of valid principal obligation. signature. file number assigned to deed ROD to note on deed the date & time of filing & reference to volume & page of registration book in which it was registered 1. cannot stand alone 4. Indivisibility – even if debt is divisible. 2. Real right – attaches to property wherever it is & whoever holds it 3. b. Conventional – agreed upon by parties Legal – created by operation of law Judicial – results from a judgment Equitable – pacto de retro in form but mortgage in essence 3. Present deed of mortgage together with owner’s duplicate Payment of fees ROD shall enter upon original certificate of title & upon duplicate a memorandum – date. 2. time of filing. Real intention of parties is that transaction shall secure payment of debt or fulfillment of other obligation Execution & Registration 1. d. Requesting that owner’s duplicate be produced so that memorandum be made thereof • Owner refuses to comply within reasonable time. Upon or after expiration of right to repurchase. Price of sale with right to repurchase is usually inadequate 2. Vendor binds himself to pay taxes on thing sold 6. Subject matter is realty 2. May be further alienated – stipulation to contrary is void 6 . MAY MORTGAGE Private document – void & inexistent Public instrument but not recorded – binding between parties but not 3rd persons without notice Public document & registered – valid & binding to 3rd parties BE REGISTERED WITHOUT DUPLICATE TITLE: Yes • If being withheld by the owner. 3. ROD notifies by mail within 24 hours to registered owner: 1. 4. Constituted to secure fulfillment of principal obligation Mortgagor be absolute owner of thing mortgaged Person constituting mortgage has free disposal of property FORMS: • Future property – without legal effect • Future improvements – deemed included • Fruits & rents of mortgaged property deemed included • Continuing credit secured by mortgage valid SPECIAL CHARACTERISTICS: 1. mortgage is not 5. 3. Purchaser retains a part of the purchase price 5. 3. Inseparability – mortgage lien is inseparable from property 6. Execution of deed in a form sufficient in law (public instrument) 2. Registration with ROD where the land lies & take effect upon registration a.1. Stating that mortgage has been registered 2. 2. another instrument extending period /granting new period is executed 4. ROD to notify court & court may enter order requiring owner to produce certificate Real Mortgage Subject matter is real property Public document only Right of redemption for 1 year Chattel Mortgage Subject matter is movable May be in private document provided there is affidavit of good faith No right of redemption Deficiency can be Deficiency cannot be recovered recovered Subsequent Dealings in Mortgaged Property 1.

Present in ROD where land lies c. Court to render order for debtor to pay sum due within 90 days and if not paid from date of service. If redeemed – notice of redemption shall be registered & accomplished by way of memorandum on proper certificate of title PARTIES IN FORECLOSURE SUIT: all persons claiming interest subordinate in right to mortgagee ACTION TO FORECLOSE: Prescribes in 10 years (written contract) VENUE: Per stipulation or in absence thereof. where the property lies Foreclosure 1. 3. c. After expiration of 1 year of redemption period – title is consolidated if no redemption exercised: purchaser to file with ROD the deed of sale & sworn statement attesting to fact that there is no redemption e.• Assignment must also be registered since registration is operative act to affect land b. exempt from publication in newspaper for loans not exceeding 3. There is stipulation for automatic appropriation i. names of creditor & debtor. Memorandum on back of certificate is made d. • If not recorded – valid as to parties but not to 3 rd parties. Deed of sale must be supported by certificate of sheriff that said sale was conducted accordingly stating the date. New certificate of title issued in favor of vendee f. title is consolidated to new owner Purchaser to be entitled to new certificate of title & memorandum endorsed on mortgage deed If there is redemption. 2. 4. selling price b.00. memorandum to be annotated on certificate of title EXTRA-JUDICIAL • Allowed only if stipulation between party authorizes extrajudicial foreclosure • Cannot be made legally outside of city where land lies 3. name of highest bidder. 1. j. description of property. e. Discharge • Execute public document canceling or releasing mortgaged in form prescribed by law • Present instrument with ROD where land lies together with owner’s duplicate for registration • Memorandum of cancellation is annotated on duplicate & original k. f. publication must be for 3 consecutive weeks in news paper of general circulation • If foreclosure by rural banks.00 • Registration of sale in ROD: a. JUDICIAL Procedure: a. certificate of title of mortgagor not to be cancelled but memorandum shall be entered upon the certificate duplicate & original After expiry of 1 year redemption period & no redemption. 2. When Mortgagor Dies Abandon security & prosecute his claim by sharing in general distribution of assets of the estate Foreclose mortgage by making executor party defendant Foreclose it in due time • Publication required: post notices for 20 days in 3 public places where property lies & if property is more than P400. time. 2. May be further mortgaged – stipulation to contrary is void • • No need to secure permission of mortgagee Understood unless prohibited in contract h. place of sale.000. right not protected against somebody who registers & procures better right d. Pactum commisorium – not allowed a. Property is mortgaged b. Mortgagee to petition in court for foreclosure 7 . g. property be sold at public auction Notice & Publication Public auction: sale to highest bidder Sheriff to issue certificate confirming judicial foreclosure File with ROD final decree of court confirming sale Memo entered in certificate of title If right of redemption exist.

3. 5. it is delivered – it shall be a pledge & not chattel mortgage (if no chattel mortgage deed executed) • Actual knowledge is same effect as registration RECOVERY DEFICIENCY: Allowed 8 . officer makes a return & file with ROD where mortgage has been recorded Officer’s return operates as a discharge of the lien created by the mortgage Proceeds to be applied: a. 2. criminal act EFFECT OF REGISTER: • Valid between parties but void against 3rd persons • If instead of registration. 4.Right of Redemption • Payment of purchase price plus 1% per month plus taxes if paid by purchaser • To be exercised within 1 year after registration of sale RIGHT TO Affidavit of Good Faith: 1. EFFECT OF PERMISSIVE Assignment of Mortgage: NO ONLY & NOT MANDATORY NEED TO BE REGISTERED . Amount of obligation c. Balance – mortgagor OF 1. 2. Subsequent mortgages d. binding on subsequent purchasers Constructive notice CHATTEL WITHOUT CONSENT FAILURE TO OF MORTGAGEE – void. 2. 2. 4. Extra-judicial – only if there is stipulation/authority 1. 3. SALE OF REGISTRATION: Creates a lien – attaches to the property whoever holds it. 3. Cost of sale b. 6. Cancellation of Chattel Mortgage: MORTGAGEE DISCHARGE OF THE MORTGAGE IN MANNER TO EXECUTE BY LAW A PROVIDED CHATTEL MORTGAGE Execution of document Payment of fees ROD enters in DAY BOOK in strict order of their presentation chattel mortgages & other instruments relating thereto (primary process) ROD thereafter enters in a more detailed form the essential contents of the instrument in the Chattel Mortgage Register (complementary process) OF Foreclosure of Mortgage • There must first be non-payment & at least 30 days have elapsed since then • Alternatives: 1. EFFECT STATEMENT THAT – Mortgage is made to secure obligation specified Valid & just obligation Not entered into for purpose of fraud OF DEFICIENCY – allowed ABSENCE OF AFFIDAVIT OF GOOD FAITH: • Vitiates mortgage as against creditors & subsequent encumbrances • Valid as between parties • No need to be in public document CHAPTER 10: CHATTEL MORTGAGE CHATTEL MORTGAGE – personal property is registered with ROD to secure performance of an obligation SUBJECT MATTER: movables DEED OF MORTGAGE: requires only description to enable parties & other persons to identify the subject matter REGISTRATION 1. Judicial 2. place and purpose of sale Mortgagor is notified in writing at least 10 days before sale Public auction 30 days after sale. Procedure in Foreclosure Notice posted for 10 days in at least 2 public places in municipality where property is to be sold designating the time.

ETC. rights. Registration of Lease File with ROD the instrument creating lease together with Owner’s Duplicate of certificate of title ROD to register by way of memorandum upon certificate of title No new certificate shall be issued POWER OF c. Price of sale of property is loaned & conveyance is made to lender to secure fulfillment of loan d.one of the parties deliver possession of property to another who is obliged to pay rent for use of such property 1. 2. 2 persons purchase property but placed only in one’s name f. 2. Property is acquired thru mistake or fraud ATTORNEY – authority granted to a person to dispose one’s property WHEN THERE IS PROHIBITION IN MORTGAGED PROPERTY AS REGARDS SUBSEQUENT CONVEYANCES.CHAPTER 11: LEASE LEASE . Creates a real right but without prejudice to rights of 3rd persons If not registered – valid as between parties but not to 3rd persons without notice REGISTRATION – lessor not required to initiate. Expressed – need to be in writing. 2. renewable for another 25 years WHO ELSE MAY REGISTER: Builder in Good Faith CHAPTER 12: TRUSTS & POWERS OF ATTORNEY TRUST – obligation of a person to whom legal title to property is transferred to hold the property according to confidence reposed in him 2 KINDS: Action For Reconveyance Based on Implied Trust • Prescribes in 10 years • If acknowledged in written form – becomes express trust – prescribes upon repudiation CHAPTER 13: INVOLUNTARY DEALINGS WITH REGISTERED LAND INVOLUNTARY DEALINGS – transactions affecting land in which cooperation of registered owner is not needed: it may even be against his will Attachment • A writ issued at the institution or during progress of an action commanding the sheriff to attach the property. Provided not prohibited to do so by instrument creating the trust Appointment of Trustee by Court • Certified copy of decree shall be presented to ROD & surrender duplicate certificate • Cancel duplicate & new certificate shall be entered by ROD OF 1. Donation is made but donee have no beneficial interest thereon 9 . can be proved by parole evidence Types: a. cannot be proved by parole evidence Implied – exist by operation of law. Property is bought but paid by another party b. credits or effects of the defendant to satisfy demands of the plaintiff 1. Sworn statement claiming interest by reason of an implied trust with description of land & reference to number of certificate shall be registered in ROD 2. lessee shall initiate ALIENS: 1. May be granted temporary rights for residential purposes 2. 3. Trust Differentiated from Power of Attorney Trust has 3 parties while power of attorney has 2 parties Trust is for benefit of 3rd party while power of attorney is for benefit of principal Registration of Trust 1. Limit: 25 years. Guardian uses funds of ward to buy property g.: Leasehold cannot be registered in the title thereof EFFECT REGISTRATION: 1. 2. Land passes by succession to a person but legal title is put in another’s name e.

OF • No need to register tax lien because it is automatically registered once the tax accrues • But sale of registered land to foreclose a tax lien need to be registered REGISTRATION OF TAX SALE: Officer’s return shall be submitted to ROD together with duplicate title Register in registration book Memorandum shall be entered in certificate as an adverse claim or encumbrance After period of redemption has expired & no redemption (2 years from registration of auction sale) cancellation of title & issuance of new one efore cancellation. 10 . notation in book of entry of ROD produces effect of registration already EFFECT OF REGISTRATION OF ATTACHMENT: 1. reduced or discharged • Any method sufficient in law • Document to be registered 1.• Kinds: a. If duplicate of certificate of title is not presented: a. EXECUTION SALE PROCEDURE 1. Has priority over execution sale 3. ROD to index attachment in names of both plaintiff & defendant or name of person whom property is held or in whose name stands in the records 3. If owner neglects or refuses – ROD shall report matter to court Court after notice shall enter an order to owner to surrender certificate at time & place to be named therein 4. Unless: heir Properties Exempt From Execution: FAMILY HOME ATTACHMENT – How continued. Garnishment c. 2. right or attachment upon registered land may be filed with ROD where land lies. 5. Title to land is not in the name of defendant 2. Spanish & local dialect & posted in a public & conspicuous place in place wherein property is situated & at main entrance of provincial building • Sale cannot affect rights of other lien holders unless given right to defend their rights: due process must be strictly observed • Tax lien superior to attachment b. notice shall be sent to registered owner: to surrender title & show cause why it shall not be cancelled 4. But between 2 attachments – one that is earlier in registration is preferred 4. containing number of certificate of title of land to be affected or description of land 2. any execution or affidavit to enforce such lien shall be filed with ROD where land lies • Register in registration book & memorandum upon proper certificate of title as adverse claim or as an encumbrance • To determine preferential rights between 2 liens: priority of registration of attachment TAX SALE • Sale of land for collection of delinquent taxes and penalties due the government • In personam (all persons interested shall be notified so that they are given opportunity to be heard) • Notice to be given to delinquent tax payer at last known address • Publication of notice must also be made in English. No evidence is submitted to show that he has present or possible future interest in land 3. Creates real right 2. • To enforce a lien of any description on registered land. 3. If not registered – actual knowledge is same as registration Duty of ROD • Basically ministerial but may refuse registration in ff circumstances: 1. Although notice of attachment is not noted in duplicate. Levy on execution Registration of Attachment/Other Liens 1. Copy of writ in order to preserve any lien. c. Preliminary b. ROD shall within 36 hours send notice to registered owner by mail stating that there has been registration & requesting him to produce duplicate so that memorandum be made 2.

how acquired. certificate number.therefore creates merely a contingency & not a lien EFFECT 1. GOVERNMENT IN EMINENT DOMAIN • Copy of judgment file in ROD which states description of property. Before final judgment – court may order cancellation after showing that notice is only for purpose of molesting an adverse party or it is not necessary to protect rights of party who caused it to be registered 2. may be cancelled by filing of verified petition by party in interest • Any party may petition in court to cancel adverse claim • Court to grant speedy hearing • If adverse claim is adjudged invalid – may be cancelled 1. ROD may also cancel by verified petition of party who caused such registration Deemed cancelled when certificate of clerk of court stating manner of disposal of proceeding is registered • Administrator shall file with ROD registration of property in his name to be vested with ownership as trustee so he can sell. ASSIGNEE IN INVOLUNTARY PROCEEDING FOR INSOLVENCY • Duty of the officer serving notice to file copy of notice to ROD where the property of debtor lies • Assignee elected or appointed by court shall be entitled to entry of new certificate of registered land upon presentment of copy of assignment with bankrupt’s certificate of title (duplicate) • New certificate shall not state that it is entered to him as assignee or trustee in insolvency proceedings Judgment/Order Vacating Insolvency Proceedings • Order shall also be registered • Surrender title issued in name of assignee & debtor shall be entitled to entry of new certificate 5. nature of public use • Memorandum shall be made or new certificate of title shall be issued REGISTRATION: 2. Impossibility of alienating the property in dispute during the pendency of the suit – may be alienated but purchaser is subject to final outcome of pending suit ROD duty bound to carry over notice of lis pendens on all new titles to be issued CHAPTER 15: TRANSMISSION BY DESCENT AND DEVISE WHEN OWNER OF PROPERTY DIES – testate or intestate. Statement shall be entitled to registration as adverse claim on certificate of title 3. Make a statement in writing setting forth alleged interest. from whom acquired. description of land in which right/interest is claimed – signed & sworn to 2. no. 3. In absence of debts 2. No 2nd adverse claim based on same ground shall be registered by same claimant CHAPTER 14: REGISTRATION OF LIS PENDENS PURPOSE: keep subject matter within the power of the court until the entry of final judgment --. OF 2. convey. etc. interest expropriated. JUDICIAL Notice of Lis Pendens is an Involuntary Transaction • Sufficient that there is entry in day book OTHER PARTIES WHO NEED TO REGISTER: 11 . CANCELLATION OF LIS PENDENS: 1. Effective for 30 days from date of registration 4. name of registered owner.Actual Knowledge is Equivalent to Registration of Adverse Claim 1. Heirs are all of legal age Partition/Settlement of Estate 1. etc • Not necessary if already empowered in the will When Judicial Proceeding Not Necessary • Heirs may partition estate immediately & no need to be burdened with cost/expenses of an administrator 1. After 30 days. of certificate of land.

sworn declaration of 2 disinterested persons subject to determination by court.• After entry of final judgment of partition. Without authority first secured. duplicate or entry in books Cancellation 12 . not binding to those without notice • Final after 2 years Oral Partition. Money shall be under custody of the National treasurer. excess shall be paid to the Assurance Fund. No negligence attributable to him 3. Heirs are all of legal age. EXTRAJUDICIAL a. When Deemed Valid • State creates a fund for the compensation of persons injured by divesting/cutting off of rights due to the indefensibility of title. heir may sell subject to result of pending administration CHAPTER 16: ASSURANCE FUND • If ordered to be sold. file in court ordinary action for partition • If there is only 1 heir. omission. created to relieve innocent persons from harshness of doctrine that certificate of title is conclusive evidence of an indefeasible title to land. purchaser shall be entitled to a certificate of title entered in his name upon presentment of order confirming sale 2. Action to recover from assurance fund has not prescribed LOSS/DAMAGES SHOULD NOT BE DUE 1. purchaser or encumbrancer in good faith who suffered actual damage by loss of land. or minors represented by guardian Procedure: • Heirs to execute public instrument to be filed with ROD • If disagree with each other. ¼ of 1% shall be paid to ROD based on assessed value of land – as contribution to assurance fund. title TO FOLLOWING REASONS: • Statute of frauds – do not operate because it is not a conveyance but a separation of property and designation of part which belongs to them Wills And Letters of Administration Mistake in resurvey resulting in expansion of area in certificate of DUE FOLLOWING REASONS: LOSS/DAMAGES SHOULD BE TO THE • Executor required to file with ROD a certified copy of his letters of administration or the will if there is a will in order that ROD may register upon certificate a memorandum with reference to file no & date of filing Court Authority Needed in Order to Sell May be dispensed with if will empowers him sell 1. if no assessment yet. Upon entry of certificate in name of owner or TCT. misfeasance of ROD or clerk of court Registration of 3rd persons as owner Mistake. Claimant must be owner. heirs make a list of property. Omission. following that act of registration is operative act by which State transfers title. pay off debts & assign to each 1. mistake. annual report of Treasurer to Secretary of Budget • • WHO IS ENTITLED: • In provinces when person dies leaving property not covered by Torrens system – to avoid legal expenses. misdescription in certificate of title. copy certified by clerk of court to be filed with ROD • Each owner to give separate certificate of title (duplicate) 2. Breach of trust 2. bond to be filed equivalent to value of property as certified under oath by parties conditioned upon payment if any just claim which may be filed by creditor within 2 years after distribution • Publication in newspaper of general circulation for 3 weeks. in short – he is deprived of his land or interest therein 2. Claimant is barred from filing action to recover said land 4. invest it until principal plus interest aggregates to 500. may adjudicate to himself entire estate via affidavit to be filed with ROD • If there are movables involved.000. Decedent died intestate b. No debts c.

• Recent ruling: adverse claim can only be removed upon court order PETITION SEEKING SURRENDER OF DUPLICATE TITLE 13 . determine validity of adverse claim • May be cancelled without court order. 1. thereafter Government shall be subrogated to rights of plaintiff to go against other parties or securities OF • • Entitled to registration as adverse claim – noted on certificate of title If there is petition – speedy hearing. Satisfy claims from private persons first When unsatisfied – secondary liable is the National Treasurer who shall pay thru assurance fund. omission of ROD.000 which is maintained as standing fund • If WHERE AND fund is not sufficient. serve as notice and warning to persons subsequently dealing on said land • Different with lis pendens: permanent. effective only for 30 days MEASURE DAMAGES: • Based on amount not greater than fair market value of land • Amount to be recovered not limited to 500. LOST DUPLICATE CERTIFICATE • Sworn statement that certificate is lost to be filed by person in interest with ROD • Petition to court for issuance of new title • Purpose: measure designed to protect the interest of a person over a property where registration is not provided for by the land registration act. Sol-Gen must appear Private persons involved – should also be impleaded If false statement: complex crime of estafa thru falsification of public document ADVERSE CLAIM IN REGISTERED LAND • Whoever claims a better right or interest in a land adverse to the registered owner shall make written statement alleging his right. contract to sell but prescription & money claims not allowed 3. no adverse claim on same ground may be registered by same claimant: 1) Adverse to registered owner 2) Arises after original registration 3) Cannot be registered under the land registration act • To be made on original certificate. If plaintiff is minor. National Treasurer is authorized to make up for deficiency from other funds available to Treasury even if not appropriated WHEN TO FILE ACTION AGAINST ASSURANCE FUND: 1. Action prescribes in 6 years from time plaintiff actually suffered loss • After cancellation. Any court of competent jurisdiction – RTC in city where property lies or resident of plaintiff 2. 2. somebody is claiming better right • After notice and hearing – court to order issuance of new title with memorandum that it is issued in place of lost certificate (duplicate) 3. adverse claim. insane or imprisoned – has additional 2 years after disability is removed to file action notwithstanding expiration of regular period CHAPTER 17: PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION 1. to the duplicate is not necessary because no access to latter • Contracts of lease. negligence. etc – ROD and National Treasurer as defendants.AGAINST WHOM ACTION IS FILED: • 2. 2. can only be removed after hearing is done but adverse claim is only for 30 days: lis pendens – notice that property is in litigation. how and when acquired with description of land • Statement to be signed and sworn to LIABILITY: 1. Action due to deprivation of land due to mistake.

old survey was incorrect. TRANSACTION EVIDENCED BY LOST DOCUMENT – HOW REGISTERED • ROD forbidden to effect registration of lost or destroyed documents • Steps by interested parties: 1. 2.00 or both at discretion of court CHAPTER 19: REGISTRATION OF PUBLIC LANDS PUBLIC LANDS – all lands owned by the government • Inalienable and alienable • What corrections are permitted in title (which does not include lands included in original. technical description as long as original decree of registration will not be reopened and rights or interest of persons not impaired. signature or handwriting of any officer of court of ROD b. Forging of handwriting. Registered owner has married 6. substitution of name of registered owner) 1. may order issuance of new certificate and annul the old certificate. name. Fraudulent stamping or assistance in stamping c. Omission or error was made in entering certificate 4. Fraudulent sale: sale of mortgaged property under the misrepresentation that it is not encumbered. Alterations which do not impair rights and 2. OFFENSES. summary proceeding • Entries in registration books not allowed to be altered except by order of court • Grounds: 1. signature of persons authorized to sign d. new certificate shall contain annotation re annulment of old certificate 4. Marriage has terminated 7. Fraudulent procurement of certificate: fine of not more than 10. Name of person on certificate has been changed 5.• In voluntary and involuntary conveyances – when duplicate cannot be produced.000 or imprisonment of 10 years or both in discretion of court a. Alterations to correct obvious mistakes 4. deceitful disposition of property as free from encumbrance: imprisonment of 3 years or fine not exceeding 2. ROD. Forging of seal in ROD. Interest have terminated or ceased 3. Corporation which owner registered land has dissolved and has not conveyed the property within 3 years after its dissolution • In rem proceedings • Court to order reconstitution if it deemed fit.00. AMENDMENT AND ALTERATION OF CERTIFICATE OF TITLE • A certificate of title cannot be altered. amended except in direct proceeding in court. Forgery: fine of not more than 10. rest of the fees due payable within next 15 days OFFENSES: 1. RECONSTITUTION OF ORIGINAL CERTIFICATE OF TITLE • • As consequence of war – records have been destroyed When reconstituted – have same validity as old title • Can only be done judicially by filing a petition for reconstitution with RTC • To be published in OG for 2 consecutive issues and on main entrance of municipality at least 30 days before hearing 14 . Alterations which impair rights – with consent of all parties 3. Use of any document which an impression of the seal of the ROD is forged 5. Secure an order from court CHAPTER 18: FEES. Procure authenticated copy of lost or destroyed instrument 2. petition in court may be filed to compel surrender of certificate of title duplicate to ROD • After hearing. New interest not appearing on the instrument have been created 2. issue order to ROD • Lack of essential data fatal 6. Larceny Perjury – false statement under oath 3. PENALTIES • In connection with original and subsequent registration of lands – payable to Clerk of court. sheriff • Full payment of fees prerequisite to registration: at least the entry fee of 5.000 or imprisonment of 5 years or both in discretion of court 4.

After issuance of certificate of title. Official issuing instrument of conveyance to issue instrument 2. Last extension granted by Government was until December 31. 1935. Forest or timber 3. Judicial legalization b. 3. National park UNDER 1. it is registration which is operative act of conveying land. 2. 1987 15 . UNDER THE CONSTITUTION: 1. Director of Lands • Quasi-judicial officer • Findings of fact conclusive on higher court with absence of fraud. commercial. Agricultural – only one subject to alienation 2. 3. conversion of agricultural land to fishponds does not change character of land Now: restricted meaning.inalienable Mineral lands inalienable • • If patent or title is issued – void ab initio for lack of jurisdiction • Not subject to acquisitive prescription.• Inalienable – public domain: timber and miner lands • Alienable/ Disposable . b. fishponds have a distinct category. free-title grant: free distribution of public lands to encourage people to cultivate. Timber lands . evidence of authority for ROD to register 5. Agricultural Residential. one from judicial decree & sold to 2 different persons. conveyed to private person. industrial Educational. even if in possession for long time. Mineral lands 4.public agricultural land Public land may be alienated. government furnishes the applicant with tolls plus cash allowance to enable him to cultivate PUBLIC LAND ACT: Alienable/disposable CONFIRMATION OF IMPERFECT TITLE: 1. mistake other than error of judgment. one who bought it for value and in good faith & one who register first shall have preference CLASSIFICATION OF LAND OF PUBLIC DOMAIN: • Classification is exclusive prerogative of executive & not by judiciary ALIENATING PUBLIC LANDS: Homestead settlement Sale Confirmation of imperfect or incomplete title a. PROCEDURE: 1. land is deemed registered land within the purview of the Torrens system Nature of Title to Public Lands Conveyed: Indefeasible and Conclusive • In absence of registration. c. Fees to be paid by grantee 6. File instrument with ROD 3. charitable Town sites and for public and quasi-public uses 2. Instrument to be entered in books and owner’s duplicate to be issued 4. cannot be alienated but may be leased from government. will not ripen into ownership Except: mineral lands and forest lands acquired before inauguration of Commonwealth in November 15. Administrative legalization • Anyone who applies for confirmation of imperfect title has burden of proof to overcome the presumption that the land sought to be registered forms part of public domain (Regalian doctrine) 1. d. THE • Lease not included since lease does not transfer ownership. title to public land is not perfected and therefore not indefeasible a. but not with regards to finding of law • Empowered to alienate and dispose lands MODES OF • In •2 case of 2 titles obtained on same date – one procured through decree of registration is superior than patent issued by director of lands titles procured by one person – one from homestead patent. Instrument – only contract between Government and private person and does not take effect as conveyance if unregistered. vested rights which are protected Fishponds Before: included in definition of agriculture.

title is indefeasible 2. BY OPERATION OF LAW: Deed of conveyance issued by government patent/grant Registered with ROD – mandatory: operative act to convey & transfer title 3. Actual physical possession. Cannot be alienated within 5 years after approval of application for patent 2. Action for partition because it is not a conveyance Alienations or encumbrances made in favor of the government APPLIED: 144 hectares • In case of foreigner. otherwise. continuous. Subject to repurchase of heirs within 5 years after alienation when allowed already 4. without default on their part provided they have occupied since their application b. educational. Indefeasible – when registered. Right made available to person qualified to acquire alienable and disposable public land thru open. 1 year after issuance of patent May not be opened one year after entry by LRA. sufficient that he is already Filipino citizen at the time of his application • Corporation who has less 60% Filipino confirmation of imperfect title. notorious (OCEN) possession under bonafide claim of ownership since June 12. have applied for purchase but did not receive title. Erred Homesteader not Barred by Pari Delicto • • • Pari delicto rule does not apply in void contract Violation of prohibition results in void contract Action to recover does not prescribe • Homesteader If he dies. 2. Members of cultural minorities in OCEN who has claim of ownership for at least 30 years MAXIMUM LAND THAT CAN BE AIM OF HOMESTEAD PATENT: • Benevolent intention of government to distribute disposable agricultural land to destitute citizens for their home and cultivation • As a matter of public policy. Prior to transfer of sovereignty from Spain to US. partnership. 2. of distribution of public lands may arise & this must be avoided Except: annullable on ground of fraud. 1945 or earlier c. can only lease • ownership cannot apply Persons Competent to Question Land Grant Persons who obtained title from State or through persons who obtained title from State PATENT WHEN GOVERNMENT GRANT DEEMED ACQUIRED 1. deemed incorporated with Torrens system. may be reopened even after 1 year because registration does not shield bad faith • Court in exercise of equity jurisdiction may direct reconveyance even without ordering cancellation of title LEGAL RESTRICTION DISPOSITION BY NON-CHRISTIANS (CULTURAL MINORITIES) • Conveyance is valid if able to read and can understand language where deed is written • Otherwise. open & continuous • Land ceased to be part of public domain & now ownership vests to the grantee • Any further grant by Government on same land is null & void • Upon registration. uncertainty & confusion on government system. No corporation. Cannot be liable for satisfaction of debt within 5 years after approval of patent application 3. exclusive. succeeded by heirs in the application IN Title Issued Pursuant to Registration of Patent 1. In OCEN possession since June 12. not valid unless approved by Commission on National Integration • Safeguard is to protect them against fraud/deceit CHAPTER 20: CADASTRAL REGISTRATION PROCEEDINGS PURPOSE: 16 . religious or charitable purpose or right of way subject to consent of grantee & approval of Secretary of Natural resources EXCEPTIONS: 1. industrial. confusion. may be repurchased even if after 5 years provided not for profit • Right of repurchase not allowed if sold within family & not for cultivating or living but for speculation purpose RESTRICTIONS: 1. association may acquire unless solely for commercial. a. 1945.2.

innovation was conceived to hasten and accelerate registration • Government initiates that all lands within a stated region are up for registration – whether or not owners are interested to settle their titles NATURE • • • OF e. Cadastral number of lot claimed c. Name of barrio or municipality where lot is located d. occupants • 3. FILING OF PETITION • After survey and plot been made. Name of owners of adjoining lots 4.• Another means to bring lands under operation of Torrens System • Ordinary registration is slow for lack of initiative on part of landowners. Parcel of lots given their cadastral numbers NATURE 6. If not in possession – state interest claimed g. title of land within a specified area needs to be settled and adjudicated • Order Director of Lands to make survey and plan • Director gives notice to persons claiming interest in lands & to gen public of day of survey – published in OG and posted in conspicuous place on lands to be surveyed • Geodetic engineers commences survey • During survey. DECISION • Claimants are notified of decision ISSUANCE OF DECREE AND CERTIFICATE OF TITLE • Upon order of court. If assessed of taxation – assessed value h. HEARING OF CASE • In any convenient place where land lies • Like an ordinary RTC trial • Conflicting claims are determined • Lots claimed are awarded to persons entitles – if they could prove title • If none could prove title – land is declared public domain PROCEEDINGS: In rem No defendant & no plaintiff Compulsory PROCEDURE: 1. If in possession & without grant – no of years in possession f. possessors. CADASTRAL SURVEY • In opinion of Phil president pursuant to requirement of public interest. Age of claimant b. 17 . Director represented by Sol Gen institutes cadastral proceeding by filing petition in court against holders. boundaries are marked by monuments 2. LRA to enter decree of registration • Decree made basis for issuance of OCT • Decree is now being directly prepared and issued on regulation forms of such certificate OF TITLE COVERED BY 2 ACTS: • Title in good faith & for value • Errors in plan do not annul decree of registration • Cancellation & correction are permitted Land Already Registered • Jurisdiction is limited only to correction of technical errors • Court cannot issue decree on land already decreed • Revision of decree allowed when substantial rights are not impaired. what is prohibited is registered land to be registered again in name of another • Jurisdiction subsists to all incidental matters CADASTRAL PROCEEDING COMPARED TO ORDINARY REGISTRATION CADASTRAL ORDINARY PUBLICATION OF NOTICE OF HEARING • Court to order date of hearing • LRA to notify public by publishing notice 1x in OG and 1x in newspaper of general circulation & copy mailed to person whose address is known & other copies posted in conspicuous place designated by law FILING OF ANSWER • Any person claiming interest in any part of lands subject to petition is required to file answer • Answer must give the ff details: a. 7. claimants. Any encumbrances affecting said lots 5.

now includes involuntary dealings • Effect if prospective. index system is also kept • Procedure: 18 . 1968 • Persons claiming title but were unable to file their claim even while in possession are granted right to petition for reopening of proceedings provided such were not alienated. Presentment of instrument dealing in unregistered land 2. 3. If found in order – registered On account of owner Applicant has another chance to claim is dismissal is without prejudice If found defective – registration is refused writing his reason for refusal When can Cadastral Proceedings may be Opened • 10 years up to Dec 31. property goes to government Private Individual Private Lands Ownership is Asserted 1. leased or disposed by government Cadastral Court does not Award Damages. binds 3rd persons after registration but yields to better rights of 3rd person prior to registration (limited effect to 3rd parties) • Reason: no strict investigation involved • Subsequent dealings – also valid if recorded • ROD keeps day book & a register. But may Direct Sheriff to Deliver Possession • Provisions of land registration act applicable to cadastral proceedings CHAPTER 21: SYSTEM OF REGISTRATION FOR UNREGISTERED LANDS • System of registration for unregistered land under the Torrens System (ACT 3344) • Before: covers voluntary dealings.Party Initiating Subject Matter Ownership Survey I Government Private and Public Government does not assert ownership Interested only in settlement of titles Government undertakes survey and advances expenses In absence of successful claimant.