Hizon Notes - Land Titles & Deeds PDF

NOTES ON LAW ON LAND TITLES AND DEEDS
Kenneth & King Hizon (2A)- UST Faculty of Civil Law
UNIVERSITY OF SANTO TOMAS

Faculty of Civil Law
A.Y. 2011-2012
First Semester
LAW ON LAND, TITLES AND DEEDS
conditions as may be provided by law. In cases of water rights for irrigation,

water supply fisheries, or industrial uses other than the development of
REGALIAN DOCTRINE water power, beneficial use may be the measure and limit of the grant.
Q: What is the Regalian Doctrine? The State shall protect the nation's marine wealth in its archipelagic
waters, territorial sea, and exclusive economic zone, and reserve its use
and enjoyment exclusively to Filipino citizens.
A: All lands of whatever classification and other natural
resources not otherwise appearing to be clearly within The Congress may, by law, allow small-scale utilization of natural resources
by Filipino citizens, as well as cooperative fish farming, with priority to
private ownership belong to the state. subsistence fishermen and fish- workers in rivers, lakes, bays, and lagoons.
Q: According to the Doctrine, the state is the source of The President may enter into agreements with foreign-owned corporations
involving either technical or financial assistance for large-scale exploration,
any asserted right to ownership in land and charged development, and utilization of minerals, petroleum, and other mineral oils
with the conservation of such patrimony. How should according to the general terms and conditions provided by law, based on
real contributions to the economic growth and general welfare of the
this presumption be overcome? country. In such agreements, the State shall promote the development and
use of local scientific and technical resources.
A: To overcome such presumption, incontrovertible
The President shall notify the Congress of every contract entered into in
evidence must be shown that the land subject of the accordance with this provision, within thirty days from its execution.
application is alienable or disposable.
Q: Discuss the coordination of the 3 departments in
 Under this concept, private title to land must be their goals in achieving the objectives in the
traced to some grant, express or implied, from the conservation and utilization of natural resources.
Spanish Crown or its successors, the American
Colonial Govt, and the Phil. Govt. A: The LEGISLATURE. has the authority to implement
 Jura regalia refers to royal rights which the the constitutional provision classifying the lands. On the
sovereign has over anything in which a subject has a other hand, the EXECUTIVE, administers our public
right or property. lands pursuant to their duty “to ensure that laws be
faithfully executed” and in accordance with the policy
Q: What is the constitutional basis of the Regalian prescribed. Then, the JUDICIARY steps into the picture
Doctrine? if the rules laid down by the legislature are challenged
or if it is claimed that they are not being correctly
A: It is reflected in Art. 12, Sec 2 of the 1987 observed by the Executive branch.
Constitution:
Q: State the importance of the Indigenous Peoples
Section 2. All lands of the public domain, waters, minerals, coal, petroleum,
and other mineral oils, all forces of potential energy, fisheries, forests or
Rights Act of 199(IPR1A). Does R.A No. 8371 violative
timber, wildlife, flora and fauna, and other natural resources are owned by of Art. 12 Sec 2 of the Constitution?
the State. With the exception of agricultural lands, all other natural
resources shall not be alienated. The exploration, development, and
utilization of natural resources shall be under the full control and A: The law recognizes the rights of ownership of
supervision of the State. The State may directly undertake such activities, indigenous cultural communities or indigenous peoples
or it may enter into co-production, joint venture, or production-sharing (ICCs/IPs) to their ancestral domains and ancestral lands
agreements with Filipino citizens, or corporations or associations at least
sixty per centum of whose capital is owned by such citizens. Such
agreements may be for a period not exceeding twenty-five years, 1
renewable for not more than twenty-five years, and under such terms and Special thanks to Ms. Maica Maris DR. Maranan for her contribution
particularly for the Preliminary part of this reviewer.
Facultad de Derecho Civil 1
on the basis of native title. It does not amount to an only, NOT a system established for the acquisition of
unlawful deprivation of the State’s ownership because land.
the land has been held by individuals under a claim of
private ownership, it will be presumed to have been REGISTRATION IS NOT A MODE OF ACQUIRING
held in the same way from before the Spanish OWNERSHIP
conquest, and never to have been public land. This is an  It is merely a procedure to establish evidence of
exception to the theory of Jura Regalia. title over realty.
 It only confirms, but does not confer, ownership.
FORMS OF GRANT  It is a means of confirming the fact of its existence
with notice to the world at large.
Q: What are the forms of grant by the Spanish Govt?
NOTE: CERTIFICATE OF TITLE is not a source of right. It
A: merely confirms or records a title already existing and
1. Royal Grants or titulo real vested. The mere possession does not make one the
2. Special grant or concession especial true owner of the property.
3. Adjustment title or composicion con el estado
4. Title by purchase or titulo de compra Q: Distinguish between Title and a Certificate of Title.
5. Possessory information title or informacion
possessoria A:
6. Gratuitous title or titulo gratuito
TITLE Certificate of title
TORRENS SYSTEM It refers to the lawful It is a mere evidence of
cause or ground of ownership
Q: What is the “TORRENS SYSTEM OF REGISTRATION”? possessing;
A: It is the system of registration of transactions with
It refers to the foundation It may be an Original
interest in land whose declared object is, under
of ownership of property, Certificate of Title (which
governmental authority, to establish and certify to the
real or personal, which constitutes true copy of
ownership of an absolute and indefeasible title to
constitutes just cause of the decree of registration)
realty, and to simplify its transfer.
exclusive possession or a Transfer Certificate
Title (issued subsequent to
The system facilitates land conveyance and
the original registration)
negotiation. It requires that the govt issues an official
certificate of title attesting to the fact that the person
Q: What are the advantages of the Torrens System?
named is the owner of the property described therein.
Accordingly, The certificate of title is indefeasible and
A:
imprescriptible and all claims to the parcel of lland are
quieted upon issuance of said certificate.
1. To quiet title to land;
2. To accumulate in one document a precise and
Purpose of the Torrens System
correct statement of the exact status of the fee held
by its owner;
Q: Discuss the purpose of the Torrens System?
3. To decree land title that shall be final, irrevocable
and indisputable;
A: To quiet title to land; to put a stop forever to any
4. To decree land title which cannot be altered,
question of the legality of the title, except claims which
modified, enlarged or diminished except in some
were noted at the time of registration, in the certificate,
direct, and not collateral proceeding;
or which may arise subsequent thereto.
5. To relieve the land of the burden of known and
unknown claims;
Also, to decree land titles that shall be final, irrevocable
6. To put a stop forever to any question as to the
and undisputable. The registration compels the
legality of the title;
claimants to come to court and to make there a record.
7. To simplify ordinary dealings over registered land;
Yet, it is only a system for registration of title to land
8. To afford protection against fraudulent
transactions; Q: When is it considered as in personam?
9. To restore to just value of land; and
10. To minimize conflicting claims and stabilize A: In personam, if the technical object of the suit is to
land ownership. establish a claim against some particular person, with a
judgment which generally, in theory at least, binds his
IMPORTANT LEGISLATIONS GOVERNING LAND body or to bar some individual claim or objection, so
REGISTRATION IN THE PHILS. that only certain persons are entitled to be heard in
defense.
1. ACT NO. 926. First Public Land Act, passed by the
US colonial govt in 1903, governed the disposition REPUBLIC V. CA AND RIBAYA
of lands of the public domain;
2. ACT NO. 2874. The second Public Land Act, passed SECTION 31.Upon receipt of the order of the court
under the jones law in 1919. The act limited the setting the time for initial hearing of the application
exploitation of agri lands to Filipinos and Americans from the clerk of Court of First Instance, the Chief of the
and citizens of other countries; General Land Registration Officeshall cause a notice
3. CA NO. 141. The present public land act, approved thereof to be published twice, in successive issues of
nov 7,1936. It contatns a chapter on judicial the Official Gazette, in theEnglish language. The notice
confirmation of imperect of incomplete titles based shall be issued by the order of the court, attested by the
on acquisitive prescription; Chief of the General Land Registration Office, and shall
4. ACT NO. 496. Land Registration Act. It established be in form.
the torrens system and created the Court of Land
Registration; The notice of the hearing of application of the spouses
5. ACT NO. 2259. Cadastral Act, provides a system of Ribaya for the registration of the land covered by the
compulsory registration requiring that the title to original plan was published in the 17 March 1925 issue
lands be settled and adjudicated in the public of the Official Gazette. In short, there was only one
interest; publication thereof. Section 31 of Act No. 496, the
6. P.D NO. 1529. Property Registration Decree governing law then, required two publications. Hence,
approved on June 11, 1978. It was issued to update the decision of 18 September 1925 of the land
the Land Registration Act and to codify the various registration court was void for want of the required
laws relative to registration of property. It publications. The requirement of dual publication is
supersedes all other laws relative to registration of one of the essential bases of the jurisdiction of the
property; and registration court; it is a jurisdictional requisite. Land
7. RA NO. 8371. Indigenous Peoples Rights Act of registration is a proceeding in rem and jurisdiction in
1997, the law provides that the rights of ICC/IPs rem cannot be acquired unless there be constructive
may be acquired in 2 modes: 1)by native title over seizure of the Land through publication and service of
both ancestral lands and domains 2)by torrens title notice.
under the public land act and the property
registration decree with respect to ancestral lands GREY ALBA V. DE LA CRUZ
only.
A proceeding in rem dealing with a tangible res may be
REGISTRATION UNDER THE TORRENS SYSTEM IS A instituted and carried to judgment without personal
PROCEEDING IN REM service upon claimants within the State or notice by
name to those outside of it, and not encounter any
Q: What is a proceeding in rem? provision of either constitution. Jurisdiction is secured
by the power of the court over the res. As we have said,
A: A proceeding is in rem when the object of the action such a proceeding would be impossible, were this not
is to bar indifferently all who might be minded to make so, for it hardly would do to make a distinction between
an objection of any sort against the right sought to be the constitutional rights of claimants who were known
established, and if anyone in the world has a right to be and those who were not known to the plaintiff, when
heard on the strength of alleging facts which, it truly the proceeding is to bar all.
show an inconsistent interest.
MOSCOSO V. CA UNREGISTERED LANDS.
Personal notice to all claimants of the res is not

necessary to give the court jurisdiction to deal with and
dispose of the res, and neither may lack of such
personal notice vitiate or invalidate the decree or title
issued in a registration proceeding. INTESTATE ESTATE OF DON MARIANO SAN PEDRO V.
COURT OF APPEALS
JURISDICTION
This is a claim of a huge parcel of land covering lands in
GR: RTC HAVE PLENARY JURISDICTION OVER LAND the provinces Nueva ecija, Bulacan, and in cities
REGISTRATION CASES. including Quezon City.
Sec 2 of PD No. 1529 provides that RTC shall have This case involves 2 cases, which prior to being decided
exclusive jurisdiction over all applications for original by the SC were consolidated. The first case was a
registration of titles to lands, including improvements complaint for recovery of possession and damages
and interest therein and over all petitions filed after or against Ocampo, Buhain, and Dela Cruz. In the
original registration of title, with power to hear and complaint, it was alleged that the defendants (Ocampo -
determine all questions arising upon such applications Dela Cruz) were able to secure from the Registry of
or petitions. Deeds of Quezon City titles to a portions of the claimed
estate. In the end, the lower courts ruled in favor of
EXC: DELEGATED JURISDICTION OF INFERIOR COURTS Ocampo - Dela Cruz, declaring that the Torrens titles of
-grants to first level courts METC, MTC, MCTC the defendants cannot be defeated by the alleged
Spanish title, Titulo Propriedad no. 4316.
Q: Under what instances will the delegated jurisdiction
to hear and determine cadastral or land registration The 2nd case is a petition for letters of adiministration
cases apply? over the intestate estate of the late Mariano San Pedro
Y Esteban. This involves a prayer to be declared as
A: administrator. This case eventually ended in the same
manner as the first case - the Titulo de Prorpriedad was
1. Where the lot sought to be registered is not the declared void and of no legal force, therefore the lands
subject of controversy or opposition; or covered by the Titulo are not within the estate of the
2. Where the lot is contested but the value thereof deceased.
does not exceed 100k, such value to be ascertained
by the affidavit of the claimant or by the agreement ISSUE: Whether or not the Titulo de Propriedad is null
of the respective claimants, if there be more that and void and therefore the lands covered or claimed
one, or from the corresponding tax declaration of under such title are not included in the estate of the
the real property. deceased
The decisions of the first level courts shall be appealable HELD:

to the CA. Jurisdiction of first level courts, being merely
delegated, is limited to what is expressly mentioned in Petition GRANTED.
the delegation (to hear and determine cadastral and
land registration cases). Hence, matters subsequent to The Titulo is null and void. It has been defeated by the
the original registration determined by 2nd level courts, title of the defendants under the Torrens system. It is
including petitions for reconstitution of lost title, may settled that by virtue of Pd no 892 which tool effect on
not be unloaded to first level courts. Feb 16 1976 the syte of registration under the Spanish
Mortgage Law was abolished and all holders of Spanish
NOTE: THE SYSTEM OF REGISTRATION UNDER SPANISH titles or grants should cause their lands coverd thereby
MORTGAGE LAW IS DISCONTINUED, AND ALL LANDS to be registered under the Land Registration Act within
RECORDED UNDER SAID SYSTEM WHICH ARE NOT YET 6mos from date of effectivity of the said decree. Proof
COVERED BY TORRENS TITLE SHALL BE CONSIDERED AS of compliance (Certificate of Title) with the said decree
should have been presented during trial. and tried in the proper court where the plaintiff or any
of the principal plaintiffs resides, or where the
BETWEEN 2 TRANSCACTIONS CONCERNING THE SAME defendant or any of the principal defendants resides, or
PARCEL OF LAND, THE REGISTERED TRANSACTION in the case ofa non-res defendant where he may be
PREVAILS OVER THE EARLIER UNREGISTERED RIGHT found at the election of the plaintiff.
The act of registration operates to convey and affect the REGISTRATION OF INSTRUMENTS AFFECTING TITLED
registered land so that a bona fide purchaser of such LANDS UNDER ACT NO. 3344 INEFFECTIVE AGAINST 3RD
land acquires good title as against a prior transferee if PERSONS
such prior transfer was unrecorded.
Registration of instruments must be done in the proper
SPANISH TITLES MAY NO LONGER BE USED AS registry in order to bind the land (Mactan-Cebu Intl
EVIDENCE OF LAND OWNERSHIP IN ALL REGISTRATION airport authority v. Tirol). Accordingly, if a parcel of land
PROCEEDINGS covered by a Torrens Title is sold, but the sale is
registered under Act No. 3344 and not under the Land
The reason for this is the proliferation of dubious Registration Act, the sale is not considered registered
Spanish titles which have raised conflicting claims of and the registration of the deed does not operate as
ownership and tended to destablize the Torrens system constructive notice to the whole world. (Republic v.
of registration. Dignos-Sorono).
JURISDICTION IN CIVIL CASES INVOLVING TITLE TO LAND REGISTRATION AUTHORITY (LRA)

PROPERTY
The central repository of records relative to original
RTC shall exercise exclusive original jurisdiction in all registration of lands under the torrens system. It is
civil actions which involve the title to, or possession of, created by PD No. 1529.
real property, or any interest therein, where the
assessed value of the property exceeds 20k, or for civil It is headed by an administrator, assisted by 2 deputy
actions in Metropolitan Manila, where such value administrators appointed by the President. All other
exceeds 50 Thousand officials except the Registers of Deeds, are appointed by
the Secretary of Justice.
MTC, METC, MCTC shall exercise original jurisdiction
which involves actions for forcible entry into and Q: What are the functions of the LRA?
unlawful detainer of lands or buildings.
A:
Q: What determines the jurisdiction over land
registration cases? 1. Extend assistance to the Dept. of Agrarian Reform,
the Land Bank, and other agencies in the
A: It is determined by the allegation in the complaint implementation of the land reform program;
and the reliefs prayed for. 2. Extend assistance to courts in ordinary and
cadastral land registration proceedings; and
VENUE 3. Be the central repository of records relative to
original registration of lands under the torrens
Q: What determines the venue over land registration system, including subdivision and consolidation
cases? plans of titled lands.
A: Actions affecting title to or possession of real Q: What are the functions of the LRA Administrator?
property, or an interest therein (real actions), shall be
commenced and tried in the proper court which has A:
territorial jurisdiction over the area where the real
property involved, or a portion thereof, is situated. 1. Issue decrees of registration pursuant to final
judgments of the courts in land registration
All other actions (personal actions) shall be commenced proceedings;
2. Exercise supervision and control over all registers of owners duplicate) but only one is presented
deeds and other personnel of the authority; with the instrument to be registered;
3. Resolve cases elevated en conculta by, or on appeal 2. When the property is presumed to be conjugal
from decisions of, registers of deeds; but the instrument of conveyance bears the
4. Exercise executive supervision over all clerks of signature of only spouse;
court and personnel of RTC with respect to the 3. When there is a pending case in court where
registration of lands; the character of the land and validity of the
5. Implement all orders, decisions and decrees conveyance are in issue; and
promulgated relative to the registration of lands 4. Where required certificates or documents are
and issue, subject to the approval of the sec of not submitted / when the instrument is not
justice, all needful rules and regulations; and notarized.
6. Verify and approve subdivision, consolidation and
consolidation-subdivision survey plans of properties REGISTRATION
titled under PD No. 1529 except those covered by
PD No. 957. Q: What is registration?
His functions are plainly executive and subject to the A: It is the entry of instruments or deeds in a book or
President’s power of supervision and control. LRA public registry. It binds the land and operates as
officials’ duty to issue a decree of registration is purely constructive notice to the world
ministerial. They act under the orders of the court and
the decree must be in conformity with the decision of Q: What are the 2 systems of registration?
the court. They act as officials of the court and not as a
administrative officials, and their act is the act of the A:
court.
1. For registered lands (P.D 1529 Property Registry
Register of Deeds cannot be compelled by mandamus Decree); and
to comply with the order of the court for the issuance of 2. For unregistered lands (Act no. 3344)
new certificates of title because it involves the exercise
of discretion. Registration must be done in the proper registry; if not
it is:
OFFICE OF THE REGISTER OF DEEDS
a.) not considered registered
It constitutes a public repository of records of b.) does not operate as constructive notice to the
instruments affecting registered or unregistered lands whole world
and chattel mortgages.
Ex. A parcel of land covered by a torrens title is sold, but
There shall be at least one Register of Deeds for each the saile is registered under act no. 3344 and not under
province and one for each city. the proper registration decree
The Secretary of justice shall define the official station QUALIFICATIONS OF REGISTER OF DEEDS AND DEPUTY
and territorial jurisdiction of each registry upon the REGISTER OF DEEDS
recommendation of the administrator. The Register of
Deeds may not validly refuse to register a deed of sale Q: What are the qualifications of a Register of Deeds
presented to him for registration because his function is and a Deputy Register of Deeds?
ministerial in nature.
A:
Q: Under what instances when the register of Deeds 1. Admitted to the practice of law;
may be justified in refusing registration? 2. Engaged in practice for at least 3 years or
employed for a like period in any branch of
A: government the functions of which include the
registration of property; and
1. When there are several copies of the title (co- 3. Member of the Philippine Bar
SURVEY PLAN serves to establish the true identity of NOTE: A TRUSTEE MAY APPLY FOR THE ORIGINAL
the land to ensure that it does not overlap a parcel of REGISTRATION OF ANY LAND HELD IN TRUST BY HIM
land or a portion thereof already covered by a previous ON BEHALF OF THE PRINCIPAL, UNLESS PROHIBITED BY
land registration, and to forestall the possibility that it THE INSTRUMENT CREATING THE TRUST.
will be overlapped by a subsequent registration of any
adjoining land. CO-OWNERS SHALL FILE APPLICATION JOINTLY
Q: Who may apply for registration under the Since a co-owner cannot be considered a true owner of
Provisions of the Property Registry Decree? a specific portion until division or partition is effected.
A: A. LAND MUST ALREADY BE A AND D AT THE TIME OF

THE FILING OF THE APPLICATION
Sec. 14. The following persons may file in the proper
Court of First Instance (RTC) an application for In Republic vs CA and Corazon Naguit, the Supreme
registration of title to land, whether personally or Court held that:  "Sec 14(1) of PD 1529 merely requires
through their duly authorized representatives: the property sought to be  registered as already
alienable and disposable at the time of  application for
1. Those who by themselves or through their registration of title is filed."
predecessors-in-interest have been in open,
continuous, exclusive and notorious possession "If the State, at the time the application is made, has
and occupation of alienable and disposable lands not yet deemed it proper to release the property for
of the public domain under a bonafide claim of alienation or disposition, the presumption is that the
ownership since June 12, 1945 or earlier. government is still reserving the right to utilize the
property, hence, the need to preserve its ownership is
a. Filipino Citizen the State irrespective of the length of adverse
b. Agricultural possession even if in good faith."
c. A and D
d. OCENCO "However, if the property has already been classified as
e. Since june 12, 1945 or earlier alieanable and disposable, then there is already an
intention on the part of the State to abdicate its
2. Those who have acquired ownership of private exclusive prerogative over the property."
lands by prescription under the provisions of
existing laws; "There are no material differences between Sec 14 (1)
3. Those who have acquired ownership of private of the Property Registration Decree and Sec 48 (b) of
lands or abandoned river beds by right of the Public Land Act. True, the Public Land Act does refer
accession or accretion under the existing laws; to "agricultural land of the public domain," while the
and Property Registration Decree uses the term "Alienable
4. Those who have acquired ownership of land in and Disposable lands of public domain." It must be
any other manner provided for by law. noted though that the Constitution declares declares
that "alienable lands of public domain shall be limited
Where the land is owned in common, all the co-owners to agricultural lands. Clearly, the subject lands under
shall file the application jointly. Sec 48 (b) of the Public Land Act and Sec 14(1) of the
Property Registration Decree are of the same type."
Q: If the land is sold under Pacto de retro, who may
file the application for registration? RULE AS TO AGRICULTURAL LANDS
A: The vendor a retro may file. However, should the NOTE: The rule is different with respect to non-
period for redemption expire during the pendency of agricultural lands. There can be no imperfect title to be
the registration proceedings and ownership to the confirmed over lands not yet classified as disposable or
property is consolidated in the vendee a retro, the latter alienable.
shall be substituted for the applicant.
Forest land (non-agri) is not registrable and possession state or any of its subdivisions not patrimonial in
thereof, no matter how lengthy, cannot convert it into character shall not be the object of prescription.
private property, unless such lands are reclassified and
considered disposable and alienable. (Palomo v. CA) TWO KINDS OF PRESCRIPTION BY WHICH
PATRIMONIAL PROPERTY MAY BE ACQUIRED
1. ORDINARY ACQUISITIVE PRESCRIPTION. A person

acquires ownership of a patrimonial property
through possession for at least 10 years, in good
faith and with just title.
ART. 12 SEC 2 OF THE CONSTITUTION
2. EXTRAORDINARY ACQUISITIVE PRESCRIPTION. A
Only agricultural lands may be the subject of alienation person’s uninterrupted adverse possession of
and thus, forest or timber lands, mineral lands and patrimonial property for at least 30 years,
national parks are excluded. regardless of good faith or just title, ripens into
ownership pursuant to art. 1137
B. SECTION 14(2) AUTHORIZES ACQUISITION OF
OWNERSHIP BY PRESCRIPTION Q: What are the conditions for Section 14(2) to apply?
GR: properties of public dominion cannot be acquired A: There must be an express declaration by the state
by prescription. No matter how long the possession of that the public dominion property is no longer intended
the properties has been, there can be no prescription for public service or the development of the national
against the state regarding property of public domain. wealth or that the property has been converted into
patrimonial.
EXC: if the law itself so provides. Thus, a patrimonial
property of the state may be the subject of acquistion CONCEPT OF POSSESSION FOR PURPOSES OF
through prescription. PRESCTIPTION
Only when such lands have become patrimonial can the Actual possession of land consists in the manifestation
prescriptive period for the acquisition of property of the of acts of dominion over it of such a nature as a party
public domain begin to run. would naturally exercise over his own property.
"Prescription is one of the modes of acquiring The general rule is that the possession and cultivation of
ownership under the Civil Code. There is a consistent a portion of a tract under claim of ownership of all is a
jurisprudential rule that properties classified as constructive possession of all, if the remainder is not in
alienable public land may be converted into private the adverse possession of another.
property by reason of open, continuous and exclusive
possession of at least 30 years. With such conversion, To consolidate prescription, the possession must be
such property may now fall within the contemplation of that of owner, and it must be public, peaceful, and
"Private Lands" under Section 14(2), and thus interrupted.
susceptible to registration by those who have acquired
ownership through prescription. Thus, even if COMPUTATION OF PRESCRIPTION
possession of the alienable public land commenced on a
date later than June 12, 1945, and such possession The present possessor may complete the period
being open, continuous and exclusive, then the necessary for prescription by tacking his possession to
possessor may have the right to register the land by that of his grantor or predecessor-in-interest.
virtue of Section 14(2) of the Property Registration
Decree" (Republic vs CA and Naguit) C. SEC 14 (3) ACQUISITION OF PRIVATE LANDS OR
ABANDONED RIVER BEDS BY RIGHT OF ACCESSION
ART 1113. OF THE CIVIL CODE. All things which are OR ACCRETION
within the commerce of men are susceptible of
prescription, unless otherwise provided. Property of the Under article 461 of the civil code, river beds which are
abandoned through the natural change in the course of was gradual and caused by accretion and erosion.
the waters ipso facto belong to the owners whose lands
are occupied by the new course in proportion to the Registration does not protect the riparian owner against
area lost. the diminution of the area of his land through gradual
changes in the course of the adjoining stream.
However, the owners of the lands adjoining th old bed
shall have the right to acquire the same by paying the Accretions, which the banks of rivers may gradually
value thereof, which value shall not exceed the value of receive from the effect of the current become the
the area occupied by the new bed. property of the owners of the banks.
Example: A and B each owns land on opposite sides of a Alluvion must be the exclusive work of nature. The
river. The river changed its course, passing through the riparian owner does not acquire the additions to his
land of C. Who owns the abandoned river bed? C, to land caused by special works expressly intended or
compensate him for his loss. Now, suppose that two designated to bring about accretion.
owners, C and D, lost portions of their lands. Who owns
the river bed? C and D, in proportion to the area lost. In Republic v. CA and Tancinco, the court found that the
alleged alluvial deposits were artificial and manmade
REQUISITES FOR THE APPLICATION OF ART. 461 and not the exclusive result fo the current of the
Merycauayan and Bocaue rivers. The deposits came into
1. The change must be sudden in order that the old being not because of the sole effect of the current of
river may be identified the rivers but as a result of the transfer of the dike
2. The changing of the course must be more or less towards the river and encroaching upon it.
permanent, and not temporary overflooding of
another’s land NOTE: THE ACCRETION DOES NOT BECOME
3. The change of the river must be a natural one AUTOMATICALLY REGISTERED LAND JUST BECAUSE
(caused by natural forces) THE LOT WHICH RECEIVES IT IS COVERED BY A
4. There must be a definite abandonment by the TORRENS TITLE THEREBY MAKING THE ALLUVIAL
government PROPERTY IMPRESCRIPTIBLE.
5. The river must continue to exist, that is, it must not
completely dry up or disappear In Grande v. CA, the court held that the accretion did
not ipso facto become registered land property because
ACCRETION petitioners never sought its registration. The increment,
therefore, is not entitled to the protection of
RULE ON OWNERSHIP BY RIGHT OF ACCRETION imprescriptibility enjoyed by registered property under
the Torrens system.
Art 457 of the cc provides that to the owners of lands
adjoining the banks of rivers belong the accretion which Where alluvial increment is not registered, it may be
they gradually receive from the effects of the current of acquired by third persons through prescription.
the waters
ALLUVIAL FORMATION ALONG THE SEASHORE FORMS
Q: What are the requisites for Accretion? PART OF THE PUBLIC DOMAIN
A: In contrast to the rule on accretion, alluvial formation

1. That the deposit be gradual and imperceptible; along the seashore is part of the public domain and
2. That it be made through the effects of the therefore, not open to acquisition by adverse
current of the water; and possession by private persons. It is outside the
3. That the land where accretion takes place is commerce of man unless declared otherwise.
adjacent to the banks of rivers
Art 4 of the Spanish Law of Waters provides: Lands
In the absence of evidence that the change in the added to the shore by accretion and alluvial deposits
course of the river was sudden or that it occurred caused by the action of the sea, form part of the public
through avulsion, the presumption is that the change domain. When they are no longer washed by the waters
of the sea, and are not necessary for purposes of public exceed one thousand hectares in area.
utility, or for the establishment of special industries, or
for the coastguard service, the government shall declare In Susi v. Razon, where at the time the corporation
them to be the property of the owners of the estate acquired the land, its predecessor-in-interest had been
adjacent thereto and as an increment thereof. in possession and occupation thereof in the manner and
for the period prescribed by law as to entitle him to
IGNACIO V. DIRECTOR OF LANDS registration in his name, then the prescription against
corporations acquiring alienable lands of the public
Faustino Ignacio filed an application for the registration domain except through lease does not apply for the
of a parcel of land formed by alluvial deposits caused by land was no longer public land but private property.
the action of the Manila Bay.
Q: What is the purpose of the above provision?
The court rejected Ignacio’s contention that the land
belongs to him as an “accretion” since Art 457 of NCC A: To transfer ownership of only a limited area of
cited by him refers to accretion or deposits on the alienable land of the public domain to a qualified
banks of rivers, WHILE THE ACCRETION IN THE PRESENT individual. Also, it is the most effective way to insure
CASE WAS CAUSED BY ACTION OF THE MANILA BAY. faithful adherence to his constitutional intent is to grant
or sell alienable lands of the public domain only to
The courts have no authority to declare the land as no individuals.
longer necessary for any public use because it is the
executive or legislature’s duty. It strengthens the constitutional limitation on
individuals from acquiring more than the allowed area
D. SECTION 14(4) ACQUISITION OF OWNERSHIP IN of alienable lands of the public domain. Without the
ANY OTHER MANNER PROVIDED FOR BY LAW. ban, individuals who already acquired the maximum
area of alienable lands of the public domain could easily
This obtains when land of the public domain is, by set up corporations to acquire more alienable lands.
statue or executive act, ceded and transferred in full
ownership in favor of the grantee who may thereafter Director of Lands v. Intermediate Appellate Court and
file an application for the registration thereof. Acme Plywood and Veneer Co., Inc
In International Hardwood and Veneer Co. v. University In Director of Lands v. Intermediate Appellate Court and
of the Philippines, the President issued Proclamation Acme Plywood and Veneer Co., Inc, the SC ruled that
No. 791 withdrawing from sale or settlement and Acme, although a private corporation, was qualified to
reserving for the College of Agriculture of the UP, a apply for the judicial confirmation of its title under Sec
parcel of land of the public domain for its experiment 48(b) of the Public Land Act, since the property at the
station. Parallel to the proclamation of RA No. 3990 time it was purchased was already a private land to
which established a central experiment station for the which they had a legally sufficient and transferable title.
use of the UP in connection with its research and
extension functions. Determinative of this issue is the character of the
parcels of land – whether they were still public land or
The clear implication is that a land grant having been already private when the registration proceedings were
made by a Presidential Proclamation and by legislative commenced. If they were already private lands, the
act, the grantee may apply for the registration of the constitutional prohibition against acquisition by a
land and bring it under the operation of the Torrens private corporation would not apply.
system.
When natural persons have fulfilled the required
LAND ACQUISITION BY PRIVATE CORPORATIONS statutory period of possession, the Public Land Act
confers on them a legally sufficient and transferable
ART. 12 SEC 3: Private corporations or associations may title to the land, “which are already private lands
not hold such alienable lands of the public domain because of acquisitive prescription,” and which could be
except by lease, for a period not exceeding 25 years, validly transferred or sold to private corporations.
renewable for not more that 25 years, and not to
Republic v. Iglesia ni Cristo Q: What are the means by which public lands may be
disposed of?
The case of Republic v. Iglesia ni Cristo reiterates the
rule that a private corporation may validly file an A:
application for registration over a parcel which it had
acquired from a person who had already complied with 1. For homestead settlement
the statutory period of possession. 2. By sale
3. By lease
A CORPORATION SOLE IS QUALIFIED FOR 4. By confirmation of imperfect of incomplete
REGISTRATION titles:
Q: What is a corporation sole? a. By judicial legalization; or

b. By administrative legalization (free
A: It is a special form of corporation usually associated patent)
with the clergy. It was designed to facilitate the
exercise of the functions of ownership carried on by the Each mode of disposition is appropriately covered by
clerics for and on behalf of the church which was separate chapters of the Public Land Act because there
regarded as the property owner. By the nature of its are specific requirements and applicable procedure for
incorporations is vested with the right to purchase and every mode.
hold real estate and personal property.
DISTINCTION BETWEEN REGISTRATION UNDER THE
It consists of one person only, and his successors (who PROPERTY REGISTRATION DECREE AND THE PUBLIC
will always be one at a time), in some particular station, LAND ACT
who are incorporated by law in order to give them
some legal capacities and advantages. The king, a Under Property Registration Decree, there already
bishop, deans; are sole corporations distinct from their exists a title which is confirmed by the court.
several chapters.
Under the Public Land Act, the presumption always is
In Republic v. Intermediate Appellate Court and Roman that the land applied for pertains to the State, and that
Catholic Archbishop of Lucena, it was held that a the occupants and possessors only claim an interest in
corporation sole is qualified to own and register private the same by virtue of their imperfect title or continuous
agricultural land. It need not therefore be treated as an open and notorious possession.
ordinary private corporation because WON it be so
treated as such, the constitutional provision will, CONDITIONS FOR AVAILMENT OF THE BENEFEITS OF
nevertheless, be not applicable. CHAPTER 8 OF THE PUBLIC LAND ACT
The bishops or archbishops as corporations sole are 1. The applicant must be a Filipino citizen;
merely administrators of the church properties that 2. He must have, by himself or through his
come to their possession, and which they hold in trust predecessors-in-interest, possessed and
for the church. Thus, church properties acquired by the occupied an alienable and disposable
incumbent of a corporation sole pass, by operation of agricultural portion of the public domain;
law, upon his death not to his personal heirs but to his 3. Such possession and occupation must have
successor in office. been open, continuous, exclusive, notorious
and in the concept of owner (OCENCO), since
JUDICIAL CONFIRMATION OF IMPERFECT TITLE OR June 12, 1945; and
INCOMPLE TITLES 4. The application must be filed with the proper
court.
The Public Land Act (CA NO. 141), as amended, governs
lands of the public domain, except timber and mineral It is doctrinally settled that a person who seeks
lands, friar lands, and privately-owned lands which confirmation of an imperfect title or incomplete title to
reverted to the State. a piece of land on the basis of possession by himself and
his predecessors-in-interest shoulders the burden of
proving clear and convincing evidence. way or road, and whether the applicant desires
to have the line of the way or road determined.
FORM AND CONTENTS, DEALINGS WITH LAND
REQUISITE STEPS IN BRINGING LAND UNDER THE
Q: What are the requirements for the application of TORRENS SYSTEM
Sec. 15 of P.D. No. 1529?
Q: What are the required steps to be followed under
A: the Torrens System?
1. Shall be in writing; A:
2. Signed by the applicant or the person duly
authorized in his behalf; 1. Survey of land by the Lands Mgt Bureau or a
3. Sworn to before any officer authorized to duly licensed private land surveyor;
administer oaths for the province or city 2. Filing of application for registration by the
where the application was actually signed; applicant;
3. Setting of the date for the initial hearing of the
Q: What are the contents of the information? application by the court;
4. Transmittal of the application and the date of
A: initial hearing together with all the documents
or other evidences attached thereto by the
1. full description of the land as evidenced by a Clerk of Court to the Land Registration
survey plan duly approved by the Director of Authority;
lands, surveyor’s certificate, and technical 5. Publication of the notice of the filing of the
description; application and date and place of the hearing in
2. citizenship and civil status of the applicant, the official gazette and in a newspaper of
whether single or married, and, if married, the general circulation;
name of the wife or husband, and, if the 6. Service by mailing of notice upon contiguous
marriage has been legally dissolved, when and owners, occupants and those known to have
how the marriage relation terminated; interests in the property;
3. full names and addresses of all occupants of the 7. Posting by the sheriff of the notice in a
land and those of the adjoining owners, if conspicuous place on the land and in the
known, and if not known, it shall state the bulletin board of the municipal building or city
extent of the search made to find them; where the land is situated;
4. assessed value of the land and the buildings and 8. Filing of answer to the application by any
improvements thereon; person whether named in the notice or not;
5. whether or not there are mortgages or 9. Hearing of the case by the court;
encumbrances of any kind whatsoever affecting 10. Promulgation of judgment by the court;
the land, or any other person having any 11. Issuance of and order for the issuance of a
interest therein, legal or equitable, or in decree declaring the decision final and
possession, thereof; instructing the LRA to issue the decree of
6. the manner by which the applicant has acquired confirmation and registration;
the land; 12. Entry of the decree of registration to the
7. whether or not the property is conjugal, corresponding register of deeds and;
paraphernal or exclusive property of the 13. Transcription of the decree of registration in
applicant; the registration book and the issuance of the
8. names of all occupants of the land,if any; owner’s duplicate original certificate of title to
9. original muniments of title and other related the applicant by the register of deeds, upon
documents supporting applicant’s claim of payment of the prescribed fees.
ownership; and
10. if the land is bounded by a public or private way NOTE: FAILURE TO COMPLY WITH THE FOREGOING
or road, WON the applicant claims any and REQUIREMENTS WILL JUSTIFY THE COURT TO DENY THE
what portion of the land within the limits of the APPLICATION FOR REGISTRATION.
acquired jurisdiction over a certain parcel, or parcels, of
NON RESIDENT APPLICANT MAY BE REPRESENTED BY land in the registration proceedings in virtue of the
AN ATTORNEY-IN-FACT publication of the application, that jurisdiction attaches
to the land or lands mentioned and described in the
A special power of atty executed before a notary public application. If it is later shown that the decree of
or other competent official in a foreign country cannot registration had included land or lands not included in
be admitted in evidence unless it is duly certified in the original application as published, then the
accordance with Sec 24, Rule 132 of the Rules of Court registration proceedings and the decree of registration
i.e, by the secretary of the embassy or legation, consul must be declared null and void insofar as the land not
general, consul etc. included in the publication is concerned.
RTC HAS JURISDICTION OVER Conversely, if the amendment does not involve an
LAND REGISTRATION CASE addition, BUT A REDUCTION of the original area that
was published, no new publication is required.
Q: Which court has jurisdiction over land registration
case? DEALINGS WITH THE LAND WHILE ITS REGISTRATION IS
PENDING
A: RTC. However, inferior courts may be assigned to
handle original registration cases: Sec 22 allows land subject of registration to be dealt
with after the filing of the application and before the
1. Where the lot is not the subject of controversy or issuance of decree. Accordingly, the land may be sold or
opposition; or otherwise encumbered, but whatever may be the
2. Where the lot is contested but the value thereof nature of the transaction, the interested party should
does not exceed 100k submit to the court the pertinent instruments
evidencing the transaction to be considered in the final
A SINGLE APPLICATION MAY BE FILED FOR TWO OR adjudication of the case.
MORE PARCELS
NOTE: Adjudication of land in a land registration or
A single application may be filed for two or more cadastral proceeding DOES NOT BECOME FINAL, in the
parcels of land belonging to the same applicant sense of incontrovertibility, UNTIL AFTER ONE YEAR
PROVIDED aht they are situated in the SAME province from the entry of the final decree prepared by the LRA.
or city.
A LAND REGISTRATION PROCEEDING IS A PROCEEDING
Multiple applicants may file a single application only in IN REM WHERE THE WHOLE WORLD IS DEEMED
case they are co-owners. CONSTRUCTIVELY NOTIFIED.
SUBSTANTIAL AMENDMENT OF BOUNDARIES OR AREA The proceeding requires constructive seizure of the land
REQUIRES PUBLICATION AND NOTICE as against all persons, including the State, who have
rights to or interests in the property.
Where the amendment consists in a a substantial
change in the boundaries or increase in area of the land An in rem proceeding is validated essentially through
or involve the inclusion of additional area, the publication.
amendment shall subject to the same requirements of
publication and notice as in the case of an original NOTICE OF INITIAL HEARING
application
Q: What are the means by which notice of initial
PUBLICATION IS THE BASIS OF JURISDICTION OF THE hearing may be made?
COURT.
A: The public shall be given notice of the notice of initial
In Benin v. Tuason, the need of a new publication where hearing of the application for registration by means of:
additional area is included in the application is stressed:
“the settled rule is that once the registration court had 1. publication
2. mailing A:
3. posting
1. Fraud, accident, mistake or excusable
PURPOSE OF PUBLICATION negligence which ordinary prudence could
not have guarded against and which could
Q: What is the purpose of Publication? have impaired the rights of aggrieved party;
2. Newly discovered evidence, which he could
A: not, with reasonable diligence, have
1. To confer jurisdiction upon the court over the discovered, and produced at the trial, and
res; and which if presented would have altered the
2. To apprise the whole world of the pending result.
registration cases so that they may assert their
rights or interests in the land, If any, and Q: What are the contents and form of the motion?
oppose the application, if so minded.
A:
REMEDIES
1. In writing
Q: What are the remedies of an innocent purchaser? 2. Stating the ground or grounds therefor; and
3. Written notice of which shall be served by the
A: movant on the adverse party.
1. New Trial or Reconsideration (Rule 37 of the A. MOTION FOR NEW TRIAL

Rules of Court);
2. Relief from judgment (Rule 38);  Proved in the manner provided for proof of motions
3. Appeal (to the Court of Appeals or Supreme  Shall be supported by affidavits of merits
Court, Sec. 33 of P.D. 1529);  Supported by affidavits of witnesses or duly
4. Review of decree of registration (Sec. 32 of P.D. authenticated documents
1529);
5. Reconveyance (Secs. 53 and 96); B. MOTION FOR RECONSIDERATION
6. Action for damages (Sec. 32);
7. Action for reversion (Sec. 101 of CA No. 141);  Shall point out specifically the findings or
8. Cancellation of title; conclusions of the judgment or final order which:
9. Recovery from the Assurance Fund (Sec. 95);
10. Annulment of judgment (Rule 47 of the Rules of a. Which are not supported by the evidence
Court); and b. Which are contrary to law
11. Criminal prosecution (RPC)
 A pro-forma motion for new trial or
New Trial or Reconsideration reconsideration shall not toll the reglementary
period of appeal
An appeal may be taken within 15 days after notice to  No motion for extension of time to file either
the appellant of the judgment or final order appealed motion shall be allowed.
from.
Affidavits of merit:
If the motion for new trial is grantedthe judgment is
set aside Affidavit setting forth Affidavit setting forth the
the facts and particular facts claimed to
If the motion for reconsideration is granted  the circumstances alleged to constitute movant’s
judgment is merely amended constitute such fraud, meritorious cause or
mistake, or excusable defense
Q: What are the grounds in case of motion for new negligence
trial or reconsideration? Purpose: to enable the Purpose: because it
court to determine of the would be useless, a waste
movant’s claim is not of time, to set aside the guarded against, and by reason of which the party
mere conclusion but is judgment and reopen the applying has probably been impaired in his rights.
indeed borne out by case to follow the Examples:
relevant facts movant to adduce 1. Illness (the party has no control); and
evidence when he has no 2. Lack of advance notice
valid cause of action or
meritorious defense MISTAKE
It is some unintentional act, omission, or error arising

Q: In what instance are affidavits of merit not from ignorance surprise, imposition or misplaced
necessary? confidence. It may arise from unconsciousness,
ignorance, forgetfulness.
A: They are not necessary if the granting of the motion
of new trial is not discretionary with the courts but is Example: belief that there is need to appear during the
trial because there was already a compromise
Extrinsic Fraud Intrinsic Fraud agreement
Any fraudulent act of the Acts of a party in a
successful party in litigation during the EXCUSABLE NEGLIGENCE
litigation which is trial, such as the use of
committed outside the forged instruments or Failure to take the proper steps at the proper time, not
trial of the case against perjured testimony, in the consequence of the party’s own carelessness,
the defeated party, or his which did not affect the inattention, or willful disregard of the process of the
agents, attorneys, or presentation of the court, but in consequence of some unexpected or
witnesses, whereby said case, but did prevent a unavoidable hindrance or accident, or reliance on the
party is prevented from fair, and just care and vigilance of his counsel or on promises made
presenting fully and fairly determination of the by the adverse party.
his side of the case. case.
Q: Distinguish between Extrinsic and Intrinsic Fraud?
A ground for nullity of Not a ground for nullity
judgment. of judgment A:
demandable as a right.
Relief from judgment; relief from denial of appeal
E.g.
Final Judgment or Interlocutory Order
a. Movant has been deprived of his day in court Order
through fault of negligence because no notice One that finally An order that does not
of hearing was furnished to him; and disposes of a case, finally dispose of the case,
b. Attack on the jurisdiction of the court leaving nothing more to and does not end the
be done by the court in court’s task of adjudicating
FRAUD respect thereto. the parties’ contention and
determining their rights and
To set aside a judgment, it must be shown that there liabilities as regards each
was fraud in the procurement thereof, not merely in other, but obviously
the original cause of action. The trick or devise was indicates that other things
employed to prevent the adversary from presenting his remain to be done by the
defense or to conceal from him the pendency of the court.
action.
Q: When should the petition be filed?
ACCIDENT or SURPRISE
A: Within 60 days after the petitioner learns of
To be a ground, it must appear that there was accident judgment, final order, or other proceeding to be set
or surprise which ordinary prudence could not have aside.
Court in the exercise of its original jurisdiction
Must be accompanied with affidavits showing the fraud, shall be taken by filing a notice of appeal with
accident, mistake or excusable negligence relied upon, the court which rendered the judgment;
and the facts constituting the petitioner’s good and 2. Petition for review- appeal to the Court of
substantial cause of action or defense. Appeals in cases decided by the Regional Trial
Court in the exercise of its appellate jurisdiction
The date of finality of judgment or final order shall be in accordance with Rule 42; and
deemed to be the date of its entry. 3. Appeal by certiorari- in cases where only
questions of law are raised or involved, the
This relief is available only when the decision has appeal to the Supreme Court by petition for
become final and executory and only when a new trial is review on certiorari in accordance with Rule 45.
not available.
Q: What is the period for an ordinary appeal?
A: It shall be taken within 15days from notice of the

judgment or final order appealed from. If record on
appeal is required, appellant shall file a notice of appeal
Appeal and a record on appeal within 30 days from notice of
judgment or final order.
Q: Under what instances is no appeal may be taken
from: Period of appeal shall be interrupted by a timely motion
for new trial or reconsideration. Also, no motion for
A: extension for new trial or reconsideration shall be
allowed.
1. An order denying a motion for new trial or
reconsideration; Perfection of appeal
2. An order denying a petition for relief or similar
motion seeking relief from judgment; Appeals by notice of Appeals by record on
3. An interlocutory order; appeal appeal
4. An order disallowing or dismissing an appeal; The court loses The court loses
5. An order denying a motion to set aside a jurisdiction over the jurisdiction only over the
judgment by consent, confession or case upon perfection of subject matter thereof
compromise on the ground of fraud, mistake or appeals filed in due time upon the approval of the
duress, or any other ground vitiating consent; and the expiration of records on appeal filed in
6. An order of execution; time to appeal of the due time and the
7. A judgment or final order for or against one or other parties. expiration of the time to
more of several parties or in separate claims, appeal of the other
counter-claims and third-party complaints, parties.
while the main case is pending, unless the court
allows an appeal there from; and Perfected as to him by Perfected as to him with
8. An order dismissing an action without filing of the notice of respect to the subject
prejudice. appeal in due time matter upon the approval
of the record on appeal
NOTE: The aggrieved party may however file an filed in due time.
appropriate special civil action under Rule 65.
Q: What are the different modes of appeal? Review of decree of Registration
A: 1. Under the Torrens System, becomes

indefeasible and incontrovertible 1 year from
1. Ordinary Appeal- appeal to the Court of issuance of final decree;
Appeals in cases decided by the Regional Trial
2. Courts may open proceedings when application Q: What are the specific instances of actual or extrinsic
for review is filed by the party aggrieved within fraud?
1 year from the issuance of the decree of
registration by the Land Registration Authority. A:
Date of issuance of patent is equivalent to the decree 1. Deliberate misrepresentation that the lots are
of registration not contested when in fact they are;
2. Applying for and obtaining adjudication and
Rule on indefeasibility of Torrens Title after 1 year from registration in the name of a co-owner of land
entry of the decree of registration is applicable to titles which he knows had not been allotted to him in
acquired through homestead or free patents because the partition;
the decree finally awards the land applied for 3. Intentionally concealing facts, and conniving
registration to the party entitled to it with the land inspector to include in the survey
plan the bed of a navigable stream;
Intent of Homestead laws: conservation of family 4. Willfully misrepresenting that there are no
home, and to encourage the settlement, residences, other claims;
and cultivation and improvement of the lands of the 5. Deliberately failing to notify the party entitled
public domain. to notice;
6. Inducing a claimant not to oppose the
Q: What are the requisites for this remedy? application for registration;
7. Misrepresentation by the applicant about the
A: identity of the lot to the true owner causing the
latter to withdraw his opposition;
1. The petitioner must have an estate or interest 8. Failure of the applicant to disclose in her
in the land; application the vital facts that her husband’s
2. He must show actual fraud in the procurement previous application to purchase the lands from
of the decree of registration; the Bureau of Lands had been rejected, because
3. The petition must be filed within 1 year from the lands were already reserved as a site for
the issuance of the decree by the Land school purposes; and
Registration Authority; and 9. Deliberate falsehood that the lands were
4. The property has not yet passed to an innocent allegedly inherited by the applicant from her
purchaser for value. parents.
The proceedings whereby title is obtained are directed CRUZ V.NAVARRO

against all persons, known or unknown, whether
actually served with notice or not, and includes all who Intentional omission by Navarro to properly inform the
have an interest in the land. If they do not appear and court that there were persons in actual possession and
oppose the registration of their own estate or interest cultivation of the parcels of land in question constitutes
in the property in the name of another, judgment is actual fraud.
rendered against them by default and in the absence of
fraud, such judgment is conclusive. REPUBLIC V. LOZADA
Only Extrinsic or Collateral is a ground for annulling a Other cases of fraud: Failure of the applicant to disclose
judgment. in her application the vital facts that her husband’s
previous application to purchase the lands from the
The fraud that would justify review of decree of Bureau of Lands had been rejected, because the lands
registration must be actual. There must have been an were already reserved as a site for school purposes.
intentional concealment or omission of fact required by
law to be stated in the application or a willful statement a. Concealing that the lands were part of the public
of a claim against the truth, either of which is calculated domain and so known to them
to deceive or deprive another of his legal rights. b. Deliberate falsehood that the lands were allegedly
inherited by the applicant from her parents.
c. In filing the application for registration in her and same, at the time of such purchase or before he has
not in that of her husband or the 2 of them jointly. notice of the claim or interest of some other person in
the property.
Petition must be filed within 1 year from entry of
decree of registration Q: What does good faith mean?
As long as a final decree has not yet been entered by A: Good faith consists in an honest intention to abstain
the Land Registration Authority and the period of 1 from taking any unconscientious advantage of another.
year has not elapsed from the date of entry of such It consists of the possessor’s belief that the person from
decree, the title is not finally adjudicated and the whom he received the thing was the owner of the same
decision in the registration case continues to be under and could convey his title.
the control of the registration court.
NOTE: Good faith is presumed.
Rule with respect to lands covered by patents
1. Purchaser charged only with notice of liens noted
Once the patent is granted and the corresponding on the title
certificate of title is issued, the land ceases to be part of
the public domain and becomes private property over When there is nothing on the certificate of title to
which the Director of Lands has neither control nor indicate any cloud or vice in the ownership of the
jurisdiction. property, or any encumbrance thereon, the purchaser is
not required to explore further than what the Torrens
SUMAIL V. JUDGE OF THE CFI OF COTABATO title upon its face indicates in quest for any hidden
defect that may defeat his title thereto.
The date of issuance of the patent corresponds to the
date of the issuance of the decree in ordinary A bona fide purchaser for value of property at an
registration cases. auction sale acquires good title as against a prior
transferee of the same property if such transfer was
Q: Under what circumstance may this relief not be unrecorded at the time of the auction sale.
granted?
2. Burden of Proof
A:
He who asserts the status of a purchaser in good faith
a. Where the alleged fraud goes into the merits of the and for value, has the burden of proving such assertion.
case, is intrinsic and not collateral and has been If the complaint does not allege that the purchasers
controverted and decided; and were purchasers in bad faith or with notice of the
b. Fraud consisted in the presentation at the trial of a defect in the title of their vendors, there is failure to
supposed forged document, false and perjured state a cause of action, and the purchaser is presumed
testimony; or in basing the judgment on a to be an innocent purchaser for value and in good faith.
fraudulent compromise agreement; or in the
alleged fraudulent acts or omissions of counsel 3. Rule of “Caveat emptor”
which prevented the petitioner from properly
presenting the case. Q: What is the rule of “caveat emptor”? Explain.
INNOCENT PURCHASER FOR VALUE AND A: One who purchases real property which is in actual
IN GOOD FAITH possession of others should, at least, make some
inquiry concerning the rights of those in possession. The
Q: Who is an Innocent purchaser for value and in good actual possession by people other than the vendor
faith? should put the purchaser upon inquiry.
A: One who buys property of another, without notice The rule requires the purchaser to be aware of the
that some other person has a right to, or interest in, supposed title of the vendor and one who buys without
such property and pays a full and fair price for the
checking the vendor’s title takes all the risks and losses
consequent to such failure. One who buys without checking the vendor’s title takes
all the risks and losses consequent to such failure.
Failure to exercise the measure of precaution which
may be required of a prudent man in a like situation, he 6. A forged deed may be the root of a valid title
cannot be called a purchaser in good faith.
Q: Under what circumstance can a forged deed be a
4. Rule applies to mortgages of real property root of a valid title?
Q: What does an innocent purchaser for value include? A: If the certificate of title has already been transferred
from the name of the true owner to the name of the
A: forger or the name indicated by the forger.
a. innocent lessee
b. innocent mortgage Every person dealing with registered land may safely
c. innocent encumbrancer for value rely on the correctness of the certificate of title issued
in therefor and the law will in no way oblige him to go
NOTE: Banks are not required, before accepting a behind the certificate to determine the condition of the
mortgage, to make an investigation of the title of the property because an innocent purchaser for value
relying on a Torrens title is protected.
Question of fact Question of Law
- when the doubt or -exists when there is 7. Good faith is a question of fact
difference arises as to the doubt or controversy as to
truth or the falsity of the what the law is on a This is a factual matter that will generally be not delved
statement of facts certain state of facts into by the Supreme Court.
property being given as security. But, banks are The Supreme Court is not a tier of facts and the factual
cautioned to exercise more care and prudence in findings of the Court of Appeals are binding and
dealing even with registered lands than private conclusive upon the Court unless:
individuals, for their business is one affected with public
interest, keeping in trust money belonging to their 1. The conclusion is a finding grounded entirely on
depositors. Thus, banks are required to investigate who speculation, surmise and conjecture.
are the true owners of the land offered as collateral in a 2. The inference made is manifestly mistaken
loan. 3. There is grave abuse of discretion
4. The judgment is based on misapprehension of facts
5. Rule on good faith not absolute; duty of purchaser 5. The findings of fact are conflicting
to investigate 6. CA went beyond the issue of the case and its
findings are contrary to the admissions of both
SANDOVAL V. COURT OF APPEALS appellant and appellees
7. The findings of fact of CA are contrary to those of
The person dealing with registered land has right to rely the trial court
on the Torrens certificate of title and to dispense the 8. Said findings of fact are conclusions without
need of inquiring further. citation of specific evidence on which they are
based
Except: When the party has actual knowledge of facts 9. The facts set forth in the petition as well as in the
and circumstances that would impel a reasonably petitioner’s main and reply briefs are not disputed
cautious man to inquire into the status of the title of the by the respondents; and
property. 10. The findings of fact of the CA are premised on the
supposed absence of evidence and contradicted by
One who buys from the registered owner need not have the evidence on record.
to look behind the certificate of title, he is,
nevertheless, bound by the liens and encumbrances 8. Rule on “Double sale of property”
annotated thereon.

ARTICLE 1544, New Civil Code Conversely, knowledge gained by the second player of
the first sale defeats his rights even if he is first to
If the same thing should have been sold to different register, since such knowledge taints his registration
vendees, the ownership shall be transferred to the with bad faith.
person who may have first taken possession thereof in
good faith, if it should be movable property. Rule contemplates double sale by a single vendor
Should it be immovable property, the ownership shall
belong to the person acquiring it who in good faith first It is necessary that the conveyance must have been
recorded it in the Registry of Property. made by party who has an existing right in the thing and
the power to dispose of it.
Should there be no inscription, the ownership shall
pertain to the person who in good faith was first in the It cannot be invoked where the 2 different contracts of
possession; and, in the absence thereof, to the person sale are made by 2 different persons, one of them not
who presents the oldest title, provided there is good being the owner of the property sold.
faith. (1473)
Where respondents derive their right over their
NOTE: This provision does not apply if the property is respective portions either through inheritance or sale
not registered under the Torrens System from a particular person while petitioners invoke their
right from sale of the land from another, the law on
double sales does not apply.
“Prior tempore, potir jure” or “he who first in time is

preferred in right”
RULES OF PREFERENCE The only one who can invoke this is the first vendee
Rules of preference: between 2 buyers of the same Rule of “Prior est temporae, prior est in jura”
immovable property registered under Torrens System,
the law gives ownership priority to: Calalang v. Register of Deeds of Quezon City
1. The first registrant in good faith; then, The fact that Clemente possessed a certificate of title
2. The possessor in good faith; finally, does not necessarily make him the true owner. Not
3. The buyer who in good faith presents the being the owner, he cannot transmit any right to nor
oldest title. transfer any title or interest over the land conveyed.
This is in consonance with the rule “nemo dat quod non
Prior registration of the subject property does not by habet” or “no one can give what one does not have.”
itself confer ownership or a better right over the
property. The rule that where there are 2 certificates purport to
include the same land, the earlier in date prevails is
Art.1544 requires that before the second buyer can valid only absent any anomaly or irregularity tainting
obtain priority over the first, he must show that he the process of registration.
acted in good faith from the time he acquired the
property until the title or possession is transferred to RECONVEYANCE
him.
An action for reconveyance is a legal and equitable
Santiago v. Court of Appeals remedy granted to the rightful owner of land which has
been wrongfully or erroneously registered in the name
Knowledge by the first buyer of the second sale cannot of another for the purposes of compelling the latter to
defeat the first buyer’s rights except when the second transfer or reconvey the land to him.
buyer first registers in good faith the second sale.
The action must be brought after 1 year from the
issuance of the decree.
This does not aim or purport to re-open the registration An action for reconveyance is an action in personam
proceeding and set aside the decree of registration, but if the property has passed into the hands of an
only show that the person who secured the registration innocent purchaser for value, the remedy is an action
of the questioned property is not the real owner for damages.
thereof.
A Torrens Title cannot be collaterally attacked. The
It only seeks to transfer or reconvey the land from the issue on the validity of the title can only be raised in an
registered owner to the rightful owner, it does not seek action expressly instituted for that purpose. The attack
to set aside the decree. must be direct.
Q: What is the statutory basis of the action? Art. 1456 of the New Civil Code provides that a person
acquiring the property through fraud becomes by
A: Sec. 96 of P.D. 1529. operation of law a trustee of an implied trust for the
benefit of the real owner of the property.
The registered owner is not rendered immune by the
law from the claim that he is not the real owner of the Remedy available even before issuance of decree
land he had registered in his name.
The party who is prejudiced may file an action for
This remedy cannot always be availed of by an reconveyance of the property of which he had been
aggrieved claimant, as when the rights of innocent illegally deprived, even before the issuance of the
purchasers for value will be effected. decree.
Nature and purpose of an action for reconveyance RELEVANT ALLEGATIONS
Such action is filed after 1 year from the issuance of the The following must be alleged to entitle the plaintiff to
decree. recover title:
It does not aim or purport to re-open the registration a. That the plaintiff was the owner of the land;
proceeding and set aside the decree of registration, but b. That the defendant had illegally dispossessed
only show that the person who secured the registration him of the same.
of the questioned property is not the real owner
thereof. NOTE: The body of the pleading or complaint
determines the nature of the action, not its title or
It may only take place if the land that is claimed to be heading.
wrongfully registered is still registered in the name of
the person who procured the wrongful registration. RECONVEYANCE IS AN ACTION IN PERSONAM
No action for reconveyance can take place as against a A judgment therein is binding only upon the parties
3rd party who had acquired title over the registered properly impleaded and duly heard or given an
property in good faith and for value. opportunity to be heard.
Decree becomes incontrovertible after 1 yr. from Action in personam Action in rem
issuance of decree; remedy of reconveyance Directed against specific Directed against the thing
persons and seek or property or status of a
The basic rule is that after the lapse of 1 year, a decree personal judgments. person and seek
of registration is no longer open to review or attack judgments with respect
although its issuance is attended with actual fraud. thereto as against the
whole world.
If the property has not yet passed to an innocent
purchaser for value, an action for reconveyance is still
available.
Being an action in personam, it is important that the fictitious deed
court must have jurisdiction over the person of the Action to quiet title where Imprescriptible
defendant, otherwise, its judgment is null and void. plaintiff is in possession
Notice of Lis pendens- may be annotated on the LACHES MAY BAR RECOVERY
certificate of title immediately upon the institution of
the action in court. It will avoid the transfer to an Q: What are the 4 elements of laches?
innocent third person for value and preserve the claim
of the real owner. A:
Q: Where to file action? 1. Conduct on the part of the defendant, or of one

under whom her of one under whom he claims,
A: RTC has exclusive original jurisdiction in all civil giving rise to the situation of which complaint is
actions which involve the title to or any interest in made and for which the complaint seeks a remedy;
property where the assessed value exceeds P20,000.00, 2. Delay in asserting the complainant’s rights, the
or in Metropolitan Manila, where such value exceeds complainant having had knowledge or notice, of the
P50,000.00. The Municipal Trial Court has jurisdiction defendant’s conduct and having been afforded an
over the case if it involves a market value of P15,000.00. opportunity to institute a suit;
3. Lack of knowledge or notice on the part of the
INDISPENSABLE PARTIES TO BE IMPLEADED defendant that the complainant would assert the
right on which he bases his suit; and
Owners of the property are indispensable parties. 4. Injury or prejudice to the defendant in the event
relief is accorded to the complainant, or the suit is
Q: Who is an indispensable party? not held to be barred.
A: One without whom the action cannot be finally Q: Explain the principle of Laches?
determined, whose interests in the subject matter of
the suit and in the relief sought are so bound up with A: It is one of estoppel because it prevents people who
that of the other parties that his legal presence as a have slept on their rights from prejudicing the rights of
party to the proceeding is an absolute necessity. 3rd parties who have placed reliance on the inaction of
the original patentee and his successors in interest.
Action for reconveyance may be barred by Statute of
Limitations ACTION MAY BE BARRED BY RES JUDICATA
The action prescribes after 10 years, since it is an action When a court of competent jurisdiction has tried and
based upon an obligation created by law. decided a right or fact, so long as the decision remains
unreversed, it is conclusive on the parties and those in
The period is counted from the date the adverse title to privity with them.
property is asserted by the possessor thereof. This
assertion of adverse title takes place upon the Q: What are the elements of res judicata?
registration constitutes constructive notice to 3rd
persons. Registration of a certificate of title constitutes A:
constructive notice to the whole world.
1. The former judgment must be final;
PRESCRIPTION OF ACTION 2. The court which rendered it had jurisdiction
over the subject matter and the parties;
Action based on fraud 10 years 3. The judgment must be on the merits; and
Action based on implied 10 years 4. There must be between the first and the second
trust actions, identity of the parties, subject matter,
Action based on a void Imprescriptible and causes of action.
contract
Action based on a Imprescriptible
NOTE: Res Judicata does not require absolute identity A: An outstanding claim or encumbrance which, if valid,
of the parties but merely substantial identity of parties. would affect or impair the title of the owner of a
particular estate; but it can be shown by extrinsic proof
Q: When is there no substantial identity of parties? to be invalid or inapplicable to the estate in question.
A: When there is community of interest or privity of TRUST

interest between a party in the first and a party in the
second case even if the first case did not implead the Q: Explain the concept of trust?
latter.
A: Trust is the legal relationship between one person,
NOTE: The State is not barred by prescription having an equitable ownership in property and another
person owning the legal title to such property; such
Reconveyance of land acquired through homestead or equitable ownership of the former entitles him to the
free patent performance of certain duties and the exercise of
certain powers by the latter.
The rule that a homestead patent or free patent, once
registered, becomes indefeasible is true only if the Q: Distinguish between express and implied trust.
parcel of agricultural land granted by the government,
after the requirements of the law had been EXPRESS TRUST IMPLIED TRUST
accomplished with, was a part of public domain. - created by direct and positive - those which, without being
acts of the parties; writing or express, are deducible from the
deed or will or by words nature of the transaction as
If it was not but a private land, the patent granted and evidencing an intention to matters of intent or which are
the torrens title issued upon the patent or homestead create a trust. superinduced on the transaction
grant are a nullity by operation of law. It could
either be resulting or
constructive trusts.
Proof of identity and ownership indispensable
a. Resulting trusts-based on
the equitable doctrine that
The person who claims that he has better right to a real the valuable consideration
property must prove not only his ownership of the and not the legal title
same, he must also satisfactorily prove the identity determines the equitable
title or interest and are
thereof. Otherwise, his failure to prove the identity of
presumed always to have
the property he claims will result to the failure of his been contemplated by the
action for reconveyance. parties.
b. Constructive trusts-created
QUIETING OF TITLE by the construction of
equity in order to satisfy the
demands of justice and
Q: When can an action for quieting of title be filed? prevent unjust enrichment.
A: When there is a cloud in title to real property or any

interest therein, by reason of any instrument, record, Prescription arising from implied or constructive trust
claim, encumbrance or proceedings which is apparently
valid or effective but is in truth and in fact invalid, The rule that a trustee cannot acquire by prescription
voidable or unenforceable, and may be prejudicial to ownership over the property entrusted to him until and
said title, an action may be brought to remove such unless he repudiates the trust, applies to express trust
cloud or to quiet the title. An action may also be and resulting implied trust.
brought to prevent a cloud from being cast upon title to
real property or any interest therein. In constructive implied trusts, prescription may
f supervene even if trustee does not repudiate the
CLOUD ON TITLE relationship.
Q: Explain the concept of a cloud on title. Repudiation of the said trust is not a condition
precedent to the running of the prescriptive period.
disposition in the manner prescribed by law to qualified
Prescriptive period for the action to reconvey the title applicants.
to real property arising from implied or constructive
trust is 10 years, counted from the date of the issuance It is instituted by the government, through the Solicitor
of certificate of title over the real property. General. But an action for cancellation, not reversion, is
a proper where private land had been subsequently
Art. 1144 of the New Civil Code titled, and the party plaintiff in this case is the prior
rightful owner of the property.
The following actions must be brought within ten years
from the time the right of action accrues: The Director of Lands has a continuing authority to
(1) Upon a written contract; conduct investigation, from time to time, to determine
(2) Upon an obligation created by law; whether or not public land has been fraudulently
(3) Upon a judgment. (n) awarded or titled to the end that the corresponding
certificate of title be cancelled and the land reverted to
However, if the person claiming to be the owner of the the public domain.
land is in actual possession thereof, the right to seek
reconveyance does not prescribe. The government is not estopped by the error or mistake
of its agents, not barred by prescription.
In an action for reconveyance, decree of registration is
respected as incontrovertible. What is sought instead is Where the land covered was still within the forest zone
the transfer of the property, which has been wrongfully or under the jurisdiction of the Bureau of Forestry, the
or erroneously registered in another person’s name to Director of Lands had no jurisdiction to dispose of said
the rightful owner. land.
A constructive trust, unlike an express trust does not Q: Who initiates the action for reversion?
emanate from, or generate a fiduciary relation. While
an express trust, a beneficiary and a trustee are linked A: An action for reversion is instituted by the Solicitor
by confidential or fiduciary relations, in a constructive General. The Office of the Solicitor General shall
trust, there is neither a promise nor any fiduciary represent the government, its agencies, and
relation to speak of and so-called trustee neither instrumentalities, and its officials and agents in any
accepts any trust nor intends holding the property for litigation, proceeding, investigation or matter requiring
the fiduciary. the services of a lawyer. It shall represent the
government in all registration and related proceedings
and institute actions for the reversion to the State of
ACTION FOR DAMAGES Lands of the public domain and improvements thereon
and all lands held in violation of the Constitution.
An action for reconveyance is not feasible where the
property has already passed into the hands of an ACTION FOR REVERSION v. ESCHEAT PROCEEDINGS
innocent purchaser for value. But the interested party
may file an action for damages against the persons Q: Differentiate for action for reversion and escheat
responsible for depriving him of his right or interest in proceedings.
the property.
ACTION FOR ESCHEAT PROCEEDINGS
This action should be brought within 10 years from the REVERSION
date of the issuance of the questioned certificate of title -expressly authorized by -may be instituted as a
pursuant to Art. 1144 of NCC. the Public Land Act consequence of a violation of
the Constitution which
ACTION FOR REVERSION prohibits transfers of private
agricultural lands to aliens
Reversion connotes restoration of public land
fraudulently awarded or disposed of to the mass of the Grounds for reversion
public domain and may again be the subject of
Q: What are the grounds for reversion? all forests and forest resources. Even granting that
the said official was negligent, the doctrine of
A: Violations of the ff: estoppel, cannot operate against the State.
a. Sec. 118 of CA No. 141- no alienation, transfer, or CANCELLATION OF TITLE

conveyance of any homestead after 5 years and
before 25 years after issuance of title shall be valid ACTION FOR REVERSION ACTION FOR
without the approval of the Sec. of Environment CANCELLATION
and Natural Resources. - filed by the -initiated by a private party
b. Sec. 120- conveyances and encumbrances made by government through the usually in a case where
persons belonging to the so-called non-Christian Solicitor General there are 2 titles issued to
tribes, shall be valid if the person making the different persons for the
conveyance or encumbrance is able to read and can same lot
understand the language in which the instrument of
conveyance or encumbrance is written. It must be Q: When there are 2 titles issued, what should the
duly approved by the Commission on National authority do?
Integration.
c. Sec. 121- No corporation, association, or A: When one of the 2 titles is held to be superior over
partnership may acquire or have any right, title, the other, one should be declared null and void and
interest, or property right whatsoever to any land ordered its cancellation.
granted under the free patent, homestead, or
individual sale or to any permanent improvement  If a party is adjudged to be the owner, pursuant to a
on such land. valid certificate of title, said party is entitled to
possession of the land covered by the title.
NOTE: Under the present Constitution, with the
exception of agricultural lands, all other natural Q: In the remedy of action for cancellation of title,
resources shall not be alienated. Moreover, private does the land revert back to the mass of public
corporations or associations may not hold alienable domain?
lands of the public domain except by lease for a period
not exceeding 25 years, renewable for not more than 25 A: In this action, the land does not revert to the mass of
years, and not exceed 1,000 hectares in area. Citizens of the public domain, but is declared as lawfully belonging
the Phil. may lease not more than 500 hectares, or to the party whose certificate of title is held superior
acquire not more than 12 hectares thereof by purchase, over the other.
homestead, or grant.
Q: What is the rule when 2 or more certificates of title
State not barred by res judicata are issued?
 A patent is void at law if the officer who issued the A: The rule is, where there are 2 certificates of title
patent had no authority to do so. issued, the earlier in date must prevail as between the
 The certificate of title issued pursuant to a void original parties, and in case of successive registration
patent may be ordered cancelled and the land where more than 1 certificate is issued over the land,
reverted to the State through an action for the person holding under the prior certificate is entitled
reversion. This action cannot be barred by prior to the land, as against the person who relies on the
judgment of said court since it had no jurisdiction second certificate.
over the subject matter (Republic v. Dela Cruz).
RECOVERY FROM THE ASSURANCE FUND
State not barred by estoppel
 This remedy is stated under Sec. 95 of Property
 The Director of Forest Development is the Registration Public policy and public order demand
official clothed with jurisdiction and authority over not only that litigations must terminate at some
the demarcation, protection, management, definite point but also that titles over the lands
reproduction, reforestation, occupancy, and use of under the Torrens System should be given stability
for on it greatly depends the stability of the Sec. 95 requires that the person who claims damages
country’s economy. should not have been negligent in acquiring the
 Exception: Public policy also dictates that those property or in obtaining the registration thereof in his
unjustly deprived of their rights over real property name.
by reason of the operation of our registration laws
be afforded remedies. ANNULMENT OF JUDGMENTS OR FINAL ORDERS AND
 Aggrieved party may file action for reconveyance of RESOLUTIONS
property or personal action for recovery of damages
against the party who registered his property Rule 47 of the Rules of Court governs the annulment
through fraud, or in case of insolvency who by the Court of Appeals of judgments or final orders
procured the registration through fraud, an action and resolutions in civil actions of Regional Trial Courts
against the Treasurer of the Philippines for for which the ordinary remedies of new trial, appeal,
recovery of damages from the Assurance Fraud. petition for relief or other appropriate remedies are no
 This is to prevent unjust enrichment of one party at longer available through no fault of petitioner.
the expense of another.
Grounds for Annulment
Requisites for recovery from Assurance Fund
Q: What are the grounds for annulment?
Q: What are the requisites for recovery from the
Assurance Fund? A:
1. Extrinsic fraud- not valid ground if it was availed of,
A: or could have been availed of, in a motion for new
1. That a person sustains loss or damage, or is trial or petition for relief
deprived of any estate or interest in land 2. Lack of jurisdiction- another remedy is certiorari
2. On account of the bringing of land under the under Rule 65 in which case the CA does not have
operation of Torrens System arising after original exclusive jurisdiction since SC also has such
registration jurisdiction.
3. Through fraud, error, omission, mistake or
misdescription in any certificate title or in any entry Q: What should the Court do if it finds there is no
or memorandum in the registration book merit in the case? What if there is merit?
4. Without negligence on his part
5. Is barred or precluded from bringing an action for A: If the court finds no substantial merit, the same may
the recovery of such land or estate or interest be dismissed outright with specific reasons for such
therein. dismissal.
 It is necessary that there be no negligence on the If there is merit, the same shall be given due course and
part sustaining any loss or damage or being summons shall be served on the respondent.
deprived of any land or interest therein after
original registration. Q: What is the effect of judgment?
Deprivation of land or interest therein A: A judgment of annulment shall set aside the
questioned judgment of final order or resolution or final
 To afford relief from the assurance fund, the order or resolution and render the same null and void,
plaintiff must have sustained loss or damage or without prejudice to the original action being refilled in
deprived of any estate in the land. the proper court. Where judgment or final order or
resolution is set aside on the ground of extrinsic fraud,
Q: Explain the requirement of good faith. the court may on motion order the trial court to try the
case as if a timely motion for new trial had been
A: The person who brings an action for damages against granted therein.
the Assurance Fund should be the registered owner,
and, as to holders of transfer certificates of title, that CRIMINAL PROSECUTION
they be innocent purchasers in good faith and for value.
 The State may criminally prosecute for perjury the  Titles for all land within a stated area are
party who obtains registration through fraud, such adjudicated whether or not the people living within
as by stating false assertions in the application for the area desire to have titles issued.
registration, sworn answer required of applicants in  The purpose is to serve the public interest by
cadastral proceedings, or application for public land requiring that the titles to any unregistered lands
patent. “be settled and adjudicated.”
 The prosecution for falsification or perjury is a  The government initiates a cadastral case,
proceeding in personam which inquires into the compelling all claimants in a municipality to litigate
criminal liability of the accused. against one another regarding their respective
claims of ownership.
Q: How should the appeal from the decision be made?  By this plan, all the private lands in a town are
registered in one single collective proceeding.
A: Sec. 32. Appeal from judgment, etc.  The purpose is to settle as much as possible all
-appealable to the Court of Appeals or to the disputes over land and to remove all clouds over
Supreme Court in the same manner as in ordinary land titles in a community
actions.
Q: What is the object of Cadastral Proceeding?
Q: What are the modes of Appeal to the CA or SC?
A: The Title to the various lots embraced in the survey
A: may be settled and adjudicated. It is in nature a
1. Ordinary Appeal proceeding in rem, promoted by the Director of Lands,
2. Petition for review somewhat akin to a judicial inquiry and investigation
3. Appeal by certiorari leading to a judicial decree. There is no plaintiff, there is
no defendant. The government is the plaintiff and all
APPLICABILITY OF THE RULES OF COURT the claimants are defendants.
Q: Explain the applicabilty of the Rules of Court. B. Procedure leading to the adjudication of property
through cadastral proceedings
A: The Rules of Court is applicable to land registration
and cadastral case Q: Explain: Cadastral Survey preparatory to filing of
a. By analogy or in suppletory character petition.
b. Whenever practicable and convenient
A: The President, when public interest so requires that
The usual rules of practice, procedure, and evidence title to unregistered lands be settled and adjudicated,
govern registration proceedings. may direct and order the Director of Lands to cause to
be made a cadastral survey of the lands involved.
NOTE:
A registration court has no jurisdiction to decreed in an Director of Lands shall give notice to persons claiming
earlier land registration case and a second decree for any interest in the lands and to the general public of the
the same is null and void. day of the survey, such notice to be:
a. Published in the Official Gazette
In an action for specific performance with damages, the b. Posted in the places indicated
purchaser may file, as an incident therein, a motion for c. Sent to the municipal mayor, barangay captain,
the issuance of an order from the RTC to compel the sangguniang panlalawigan and the
holder of the duplicate certificates of title to surrender sangguniang bayan concerned.
the same to the Register of Deeds.
 The Geodetic engineers or other employees of the
CADASTRAL REGISTRATION PROCEEDINGS Lands Management Bureau shall give advance
notice to survey claimants of the date of the survey
A. Nature and Purpose of Cadastral Proceedings of specific portions of the land, to be posted in
appropriate places.

 The geodetic engineers may enter upon the lands 2. barangay captain
subject of the survey and mark the boundaries 3. sangguniang panlalawigan
thereof by the placing of monuments. 4. sangguniang bayan concerned
Q: Explain the process for the filing of Petition for It shall be lawful for the surveyors to enter upon the
Registration. lands for the placing of monuments. Every claimant
must inform the surveyors of the extent and boundary
A: The Director of Lands, represented by the Solicitor lines of the particular portion claimed by him
General, shall institute original registration proceedings
by filing the necessary petition in the Regional Trial FILING OF AN ANSWER
Court of the place where the land is situated against the
holders, claimants, possessors, or occupants of such Q: Explain the process for the filing of an Answer.
lands or any part thereof, stating that public interest
requires that the title to such lands be settled and A: Any claimant whether named in the notice or not,
adjudicated and praying that such titles be settled and shall file an answer on or before the date of initial
adjudicated. hearing or within such further time as may be allowed
by the Court.
Q: What should the petition contain?
The answer shall be
A: Petition shall contain: a. signed and sworn to by the claimant or by some
a. Description of the lands other authorized person in his behalf,
b. Plan thereof b. shall state his status, whether married or
c. Such other data as to facilitate notice to all unmarried,
occupants and persons having claim or interest c. nationality
therein d. postal address
e. age of the claimant
“LOTS” and “CADASTRAL LOT NUMBERS” f. cadastral number of the lot or lots claimed
g. name of the barrio and municipality in which lots
The parcels shall be known as “lots” and shall on the are situated
plan be given cadastral lot numbers. The cadastral lot h. names and addresses of the owners of the adjoining
number of a lot shall not be changed after final decision lot as far as known to the claimant
has been rendered decreeing the registration thereof, i. if the claimant is in possession of the lots claimed,
except by order of court. the length of time he has held such possession and
that of his predecessors, and the manner in which it
Further subdivisions of any lot shall be designated by a has been acquired
letter/s of the alphabet added to the cadastral number. j. if the claimant is not in possession or occupation of
the land, the interest by him and the manner of his
The subdivisions of cities or town-sites may be acquisition
designated by block and lot numbers. k. the last assessed value of the lots
l. the encumbrances, if any, affecting the lots and the
Q: Explain the requirement of notice of Survey and names of adverse claimants as far as known
publication?
HEARING OF THE PETITION
A: The Director of Lands shall give notice to persons
claiming any interest in the lands as well as to the Trial of the case may occur at any convenient place
general public of the day on which the survey shall within the province in which the lands are situated and
begin, giving accurate description of the lands to be shall be conducted, and orders for default and
surveyed. The otice shall be: confessions enetered, in the same manner as in
a. Published once in the Official Gazette and ordinary land registration proceedings and shall be
b. Posted in the bulletin board of the municipality governed by the same rules.
c. A copy shall be sent to:
1. the municipal mayor
4. Cadastral Act 5. Public Land Act Property land where court proceedings would no longer be
(Act No. 2259) (CA 141) Registration necessary
Decree (P.D.
1529) Q: In case of public lands, when is the property
- both public and -lands already titled - Under the deemed registered?
private lands were either through present law limits
to be included in judicial the cadastral
the cadastral survey confirmation of survey to any
A: For public lands, the property is not considered
imperfect or unregistered registered until the final act or the entry in the
incomplete titles lands, such that registration book of the Registry of Deeds had been
under the Public private lands are accomplished.
Land Act or through excluded. This
voluntary interpretation is
registration reasonable C. Actions taken in a cadastral proceeding
proceedings under considering that
the Land the object of There are 3 actions taken after trial:
Registration Act are cadastral
excluded from the proceedings is to
survey settle and 1. 1. Action which
2. 2. Action which is the 3. The last
adjudicate to adjudicates declaration by the action
lands. Private ownership in Court that the devolves
lands are favor of one of decree is final and upon the
obviously not
the claimants its order for the LRA
contemplated
since ownership issuance of the
thereof had certificates of title
already been by the
finally determined Administrator of
and adjudicated.
the LRA
-constitutes of the: -made within 15 -LRA has been
a. decision days from the date instituted in order -speaks in the -a judicial action,
b. judgment of receipt of a copy to have a more
c. decree of the of the decision no efficient
judicial manner although to a less
court appeal is taken execution degree than the first
from the decision of the laws
relative to the D. Only “unregistered lands” may be the subject of a
registration of
lands and to issue
cadastral survey
decrees of
registration E. Lands already titled cannot be the subject of
pursuant to final cadastral proceedings
judgments of the
courts in land and
registration  The settlement and adjudication of a land title
proceedings under the Cadastral Act is exactly that provided in
the Land Registration Act (now Property
NOTE: In the absence of successful claimants, the Registration Decree) a proceeding culminating in
property is declared public land the issuance of a final decree and a Torrens
Certificate of Title in favor of the owner of the land.
In the absence of fraud, title to land in a cadastral  It is not a special proceeding for the settlement and
proceeding is vested on the owner, upon the expiration adjudication of titles already settled and
of the period to appeal from decision or adjudication by adjudicated
the cadastral court, without such appeal being  Land already decreed and registered in an ordinary
perfected; and from the time the land becomes registration proceeding cannot again be subject of
registered property which cannot be lost by adverse adjudication or settlement in a subsequent
possession. cadastral proceeding.
The Certificate of title is necessary for purposes of ADDISON V. PAYATAS ESTATE IMPROVEMENT CO.
effecting registration of subsequent disposition of the
The Court held that as title owners, defendants cannot divesting the registered owner of the title
be divested of their title by subsequent cadastral already issued in his favor, or
proceedings. b. the making of such changes in the title as
impairs his substantial rights.
A land court has no jurisdiction to decree again the
registration of land already decreed in an earlier land Cadastral court has jurisdiction to determine the
registration case and second decree for the same land is priority or relative weight of 2 or more certificates of
null and void. title for the same land.
Once decreed by a court of competent jurisdiction, the An order entered in a cadastral proceeding, setting
title to the land determined is already a res judicata and aside a judgment of partition in order to recognize and
binding on the whole world, the proceeding being in enforce the preferential title of a 3rd person to the land,
rem. is not a revision of any decree or judgment upon title.
The registration of the property in the name of the first Jurisdiction of court even after issuance of the final
registered owner in the registration book is a standing decree of registration in a cadastral case is not
notice to the world that said property is already exhausted but on the contrary, subsists as to all
registered in his name. incidental questions affecting the registered title to
the end that the court’s jurisdiction over the same
To declare the later title valid would defeat the very subject matter be not split.
purpose of the Torrens System which is to quiet title to
the property and guarantee its indefeasibility. G. Cadastral answer may not be thrown-out upon a
mere motion of adverse claimants
Also, when a homestead patent is registered and a
certificate of title issued the land thus registered cannot  The court may not order the cancellation of the
again be subject of registration in a cadastral claimant’s answer and keep the latter from
proceeding without the consent of the owner, and the introducing evidence to prove his ownership on the
title issued in the latter proceeding in violation of this ground of bar by prior judgment.
principle is null and void and should be cancelled.  Court has no jurisdiction to decree a lot to one who
has put in no claim to it. The written declaration
claiming certain described property is the very basis
of jurisdiction to render a judgment.
F. Jurisdiction of the cadastral court over previously  If the claim is uncertain or refers to an undefined
titled lands portion of the land, the court has no jurisdiction to
make an award.
The jurisdiction of the court over lands already  A court has no jurisdiction to decree a lot as not
registered is limited to the necessary correction of contested when it is contested and to proceed to
technical errors in the description of the lands, provided adjudication without giving the opposing parties an
that such corrections do not impair the substantial opportunity to be heard.
rights of the registered owner of his title.
H. Amendment of the plan to include additional
In proper cases and upon proper application or the territory
consent of the registered owner or owners or of the
person in whose name the decree is issued, the court An order of court in a cadastral case amending the
may order the change in the names of the owners by official plan so as to make it include land not previously
inclusion or exclusion of some or in the rights or included therein is a nullity unless new publication is
participation of each in the land registered. made.
What is prohibited is: Publication is one of the essential bases of jurisdiction

a. the registration of the land already registered of the court in land registration and cadastral cases,
in the name of a person, in the name of another, and additional territory cannot be included by
amendment of the plan without new publication
Lands which are not agricultural cannot be subject of
I. When title to land in a cadastral case is vested adjudication. They will retain their classification as non-
alienable lands of public domain.
In cadastral case, title of ownership on the land is
vested upon the owner upon the expiration of the Private lands within the cadastre which had been
period to appeal from the decision or adjudication by previously brought under the Torrens System will not
the cadastral court, without such an appeal having been anymore be subject to a new hearing and adjudication
perfected. by the cadastral court but shall remain private lands.
Upon promulgation of the order issuance of a decree, No modification can be permitted to be made in the
the land, for all intents and purposes, had become Torrens title for the sole purpose of making the area of
registered property which could not be acquired by the land described therein agree with that given in the
adverse possession. cadastral survey plan.
In a certificate of title based on patent even after the A decree entered by the court cannot be considered as
expiration of 1 year from the issuance thereof, is still permanent if the limits of the land therein registered
subject to certain conditions and restrictions. may be changed or the area thereof altered by a
subsequent adjudication by the court.
The Director of Lands may institute proper actions
which may lead to the cancellation of the patent and K. Decision declaring land as public land not a bar
the title, and the consequent reversion of the land to to a subsequent action for confirmation of title over
the government. the same land
A certificate of title issued pursuant to cadastral In Director of Lands v. Court of Appeals and Pastor, the
proceedings after the lapse of 1 year becomes Court held that res judicata, even if properly raised does
incontrovertible. not apply since there is no prior final judgment at all to
speak of. A judicial declaration that a parcel of land is
NOTE: public does not preclude even the same applicant from
 The judgment in a cadastral proceeding, including subsequently seeking a judicial confirmation of his title
the rendition of the decree, is a judicial act. to the same land with compliance to C.A. 141.
 The judicial decree when final is the basis of the
certificate of title. In Director of Lands v. Court of Appeals and Manlapaz,
 The issuance of the decree by the Land Registration the Court held that judgment in a cadastral proceeding,
Authority is a ministerial act. which is a proceeding in rem, constitutes res judicata
 The date of the title is unimportant, for the even against person who did not take part in the
adjudication has already taken place and all that is proceedings as claimant. However, this was
left to be performed is the mere formulation of the subsequently rejected. The Court reiterated the rule
technical description. that in a cadastral case declaring the land as public land
 General Rule: Registration of title under the does not constitute a bar to the application for judicial
cadastral system is final, conclusive and confirmation of the sane claimant over the same
indisputable, after the lapse of the period allowed provided he complies with Public Land Act.
for an appeal.
 Exception: Special provision providing for fraud In Mindanao v. Director of Lands, the court held that
although they were not actual parties in that previous
case the judgment therein is a bar to their claim as
J. New titles may be issued for private lands owners under the first alternative, since the proceeding
within the cadastral survey was in rem, of which they and their predecessor had
constructive notice of publication. Even so, this is a
In a cadastral survey usually involving a whole defense that properly pertains to the Government in
municipality, all lands of whatever nature and view of the fact that the judgment declared in question
classification, including private lands are included. to be public land.

L. Cases where decision of the cadastral court cadastral proceedings, they may be judicially evicted by
was considered res judicata means of a writ of possession, the issuance of which
never prescribes. Respondent heirs cannot be said to be
In Rodriguez v. Toreno, the Court held that even if the strangers since a cadastral proceeding is a proceeding in
contracts executed by respondents and their rem and against everybody.
predecessors over the land in favor of the petitioner
were genuine and bona fide purchase covenants, the CHAPTER IV
same lost their efficacy upon the rendition of judgment
and issuance of the decree of registration in favor of CERTIFICATE OF TITLE
respondents. A cadastral case is a judicial proceeding in
rem which binds the whole world. The final judgments 1. Issuance of decree of registration and certificate of
rendered therein is deemed to have settled the status title
of the land subject thereof, and the purported sales if
not noted on the title, like those of petitioner, are Upon finality of judgment of the court adjudicating the
deemed barred under the principle of res judicata. lands as private party, the court shall within 15 days
from the entry thereof, issue an order directing the LRA
In Abes v. Rodil, the Court had the occasion to say that Administrator to issue the corresponding decree of
the original cadastral proceeding is one in rem. The registration and certificate of title.
whole world including the plaintiffs were drawn in as
parties. The Administrator shall prepare:
The test to determine the existence of res judicata is a. The decree of registration
simply this: “would the same evidence support and b. Original, and
establish both the present and former cause of action?” c. Duplicate of the corresponding certificate of
If yes such as the evidence is both used in the cadastral title
proceeding and conveyance case.
The original certificate of title shall be a true copy of
In Republic v. Vera, the cadastral court declared the the decree of registration.
lands in question public lands and its decision had
already become final and conclusive. A cadastral Q: What is a certificate of title?
proceeding is one in rem and binds the whole world.
Under this doctrine, parties are precluded from re- A: The certificate of title is the transcript of the decree
litigating the same issues already determined by final of registration made by the Registration of Deeds in the
judgment. registry. It accumulates in one document a precise and
correct statement of the exact status of the fee simple
In Navarro v. Director of Lands, the Court held that the which an owner possesses. The certificate of title is the
requisites for plea of res judicata are as follows: evidence of the title which the owner has. It is an
a. The former judgment must be final absolute and indefeasible evidence of ownership of the
b. It must have been rendered by a court property in favor of the person whose name appears
having jurisdiction of the subject matter therein
and the parties
c. It must be judgment on the merits NOTE: Mere possession is not conclusive as to the
d. There must be, between first and second holder’s true ownership
actions
1. Identity of parties Q: What will happen if a person obtains a title under
2. Identity of the subject matter the Torrens System by mistake?
3. Identity of the cause of action
A: When a person obtains title, under the Torrens
M. Issuance of writ of possession imprescriptible System, which includes by mistake or by oversight,
lands which cannot be registered under the Torrens
Where the respondent heirs were in possession of the System, he does not, by virtue of said certificate,
lots in question, unlawfully and adversely, during the become the owner of the land illegally included
2. Decree binds the land and is conclusive against the The certificate of title accumulates in one document a
whole world precise and correct statement of the exact status of the
fee simple which an owner possesses.
Q: Under P.D. 1529, Sec. 31, what does a decree of
registration shall bear? The certificate cannot be altered, changed, modified,
enlarged, or diminished, except to correct errors, in
A: some direct proceedings permitted by law.
a. Date
b. Hour and minute of its entry 4. Probative value of a certificate of title
c. Signature of the LRA Administrator
d. State whether the owner is married or Q: To what matters is a certificate of title conclusive?
unmarried
e. If married, the name of the spouse A: A certificate of title is an indefeasible title in favor of
NOTE: If the land is conjugal, the decree shall the person whose name appears therein, and is
be issued in the name of both spouses conclusive as to:
f. If the owner is under disability, it shall state the
nature of disability a. the identity to the land
g. If a minor, his age b. its location
h. Description of the land as finally determined by c. its registered owner
the court
i. Set forth the estate of the owner The title becomes indefeasible and incontrovertible one
j. All particular estates, mortgages, easements, year from its final decree.
liens, attachments, and other encumbrances to
which the land or owner’s estate is subject There is a strong presumption that the title was validly
and regularly issued.
Q: To whom is the decree of registration conclusive?
The validity can only be questioned through a direct
A: The decree of registration shall be conclusive upon proceeding
and against all persons, including the national
government and all braches thereof. Q: Are notations or memoranda at the back of the
certificate of title admissible as proof of the contents
Q: What is the effect of defect in the manner of of the documents to which they refer?
transcribing the technical description of the property?
A: The notations or memoranda on the back of
A: Any defect in the manner of transcribing the certificate of title are not admissible as proof of the
technical description should be considered as formal contents of the documents to which they refer, in as
and not as substantial defect. much as they do not form part of the contents of the
decree of registration. The said annotations or
NOTE: A land registration proceeding is in rem. It binds memoranda are, at most, proof of existence of the
the land and quiets title thereto; and is conclusive upon transactions and judicial orders noted therein, and a
and against all persons, including the government and notice to the whole world of such facts.
all the branches thereof, whether mentioned by name
in the application, notice, or citation, or included in the Q: Are tax declarations conclusive evidence of
general description “To All Whom It May Concern” ownership?
3. Registration does not give any person a better A: Proofs consisting of tax declarations or tax receipts
title than what he really has are not conclusive evidence of ownership not proof of
the area covered therein. A tax declaration cannot
If the person obtains a certificate of title, by mistake, to defeat a certificate of title under the Torrens System.
more land than he really and in fact owns, the
certificate should be corrected. Validity and correctness of title is presumed
person holding under the prior certificate is
A person dealing with registered land may safely rely entitled to the land as against the person who
upon the correctness of the certificate of title issued relies on the second certificate.
therefor and the law will in no way oblige him to go
behind the certificate to determine the condition of the Q: On what instances this rule shall apply?
property. The law considers the said person as innocent
purchaser for value A: The rule is applicable only where there is no anomaly
or irregularity, mistake, or faulty, or fraudulent
Q: Who is an innocent purchaser for value? registration tainting the prior title.
A: An “innocent purchaser for value” is one who buys Entry of Original certificate of title
the property of another, without notice that some other
person has a right or interest in such property and pays Q: What is an Original Certificate of Title?
the full price for the same, at the time of such purchase
or before he has notice of claims or interest of some A: An “Original Certificate of Title” is the certificate of
other person in the property. title issued for the first time after initial registration
proceedings.
TITLE ISSUED PURSUANT TO A PUBLIC LAND PATENT
Q: What does the certificate contain?
Q: What is the value of a title issued pursuant to a
public land patent? A: It shall contain:
A: Homestead or free patent is also as indefeasible as a. Full names of all persons whose interest make
certificate of title issued pursuant to judicial registration up the ownership over the land;
proceedings, provided the land covered by said b. Civil status;
certificate is a disposable land and becomes c. Names of respective spouses (if married);
indefeasible and incontrovertible upon the expiration of d. Citizenship;
1 year from the date of the issuance thereof. e. Residence;
f. Postal address; and
Q: What is the effect if the land patented is a private g. If the property is conjugal, it shall be issued in
land? the names of both spouses.
A: If the land is not public land but a private land, the TRANSFER OF CERTIFICATE OF TITLE
patent and certificate of title are a nullity. Although a
period of 1 year has already expired from the time COT Q: What is a Transfer Certificate of Title?
was issued pursuant to a public grant, the title does not
become incontrovertible but is null and void. A: A “Transfer Certificate of Title” is any subsequent
title issued pursuant to any voluntary or involuntary
5. Where 2 or more certficates cover the same land, instrument affecting the property. It shall show the
the earlier in date prevails number of the next previous certificate covering the
same land and also the fact that it was originally
Q: What are the rules where 2 or more certficates registered, giving the record number, the number of
cover the same land? original certificate of title, and the volume and page of
the registration book in which it is found.
A:
Issuance of owner’s duplicate certificate
a. where 2 certificates of title are issued to
different persons covering the same land in Q: To whom the owner’s duplicate title be delivered?
whole or in part, the earlier in date must prevail
as between original parties A: The owner’s duplicate certificate title shall be
b. in case of successive registration where more delivered to:
than one certificate is issued over land, the a. the registered owner, or
b. his authorized representative Those issued prior to the effectivity of P.D. 1529 on
June 11, 1978 are deemed cancelled and the holders
Q: What if there 2 or more persons who are the thereof shall surrender the same to the Register of
registered owners? Deeds concerned.
A: If there 2 or more persons who are the registered 2. Co-owner can only dispose of his aliquot share in
owners, one owner’s duplicate may be issued for the the property held in common
whole land, or if the co-owners so desire, a separate
duplicate may be issued to each of them in like form, Q: May a co-owner convey a specific physical portion
but all outstanding certificates of title so issued shall be of the land owned in common?
surrendered whenever the Register of Deeds shall
register any subsequent voluntary transaction affecting A: A co-owner may not convey a physical portion of the
whole land or part thereof or any interest therein. land owned in common.
NOTE: The Register of Deeds shall note on each Q: What share does a co-owner may dispose of?
certificate of title a statement as to whom a copy
thereof was issued. A: A co-owner may dispose of is only his undivided
aliquot share, which shall be limited to the portion
Q: What are the 2 kinds of duplicate certificates of which may be allotted to him upon the termination of
title? the co-ownership. He has no right to divide the property
into parts and then convey one part by metes and
A: Duplicate certificates of title may either be: bounds.
a. Duplicate Original Certificate
b. Duplicate Transfer Certificate Registered owner entitled to possession of the
owner’s duplicate
Q: Can the heirs alienate, assign, or mortgage his part
in the co-ownership? Q: To whom does the law give “preferential right” to
the possession of the owner’s duplicate copy?
A: The heirs, as co-owners shall each have the full
ownership of his part and the fruits and benefits A: The owner of the land in whose favor and in whose
pertaining to it. An heir may therefore alienate, assign name land is registered and inscribed in the certificate
or mortgage it, and even substitute another person in of title has preferential right to the possession of the
its enjoyment. owner’s duplicate as against one whose name does not
appear in the certificate but who may have a claim to or
Q: Is this rule absolute? If not, what is the exception? right to the possession of the land.
A: The rule is not absolute. The exception is when the REGISTRATION BOOK; CONTENTS OF TRANSFER
personal rights are involved. CERTIFICATE OF TITLE
NOTE: The effect of the alienation or mortgage with Upon the entry of the original certificate of title, the
respect to the co-owners shall be limited to the portion Register of Deeds shall file the same in a registration
which may be allotted to him in the division upon the book provided for the purpose.
termination of the co-ownership.
The book shall be bound and filed in consecutive order
A certificate of title could not be nullified or defeated by with other certificates of title.
the issuance 43 years later to other persons of another
title over the same lots due to the failure of the Register The transfer certificate of title shall be in like form as
of Deeds to cancel the title preceding it. the original and entitled “Transfer Certificate of Title.”
The original is kept in the Office of the Register of Deeds
1. Issuance of mortgagee’s/lessee’s duplicate while the owner’s duplicate is delivered to the party
certificate discontinued concerned.

Q: What should the transfer certificate of title 10. Right to relieve the land from liability to be
indicate? recovered by an assignee in insolvency or
trustee in bankruptcy under the laws relative to
A: preferences; and
a. The number of the next previous certificate 11. Rights or liabilities created by law and
covering the same land; applicable to unregistered land (Sec. 44)
b. The fact that it was originally registered;
c. Record number; NOTE: No title to registered land in derogation to that
d. Number of the OCT; of the registered owner shall be acquired by
e. Volume’ and prescription or adverse possession.
f. Page of the of the registration book in
which it is filed. Q: Is this enumeration exclusive?
Q: The general rule is that every registered owner and A: Yes. Those are the only cases which may limit the
every subsequent purchaser of registered land for absolute ownership of the registered owner over the
value and in good faith shall hold the same free from property and excludes all other cases under the
all encumbrances. What are the exceptions to this principle of inclusion unius est exclusio alterius.
rule?
LIEN
A:
a. Those noted on the certificate title Q: What is a “lien”?
b. Encumbrances enumerated in the law
A: A lien is a charge on property usually for the payment
Q: What may limit the registered owner’s absolute of some debt or obligation. It is a qualified right or
title over the property? proprietary interest, which may be exercised over the
property of another. It is a right which the law gives to
A: have a debt satisfied out of a particular thing.
1. Liens, claims or rights existing or arising under NOTE: The property over which a lien may be imposed
the laws or the Constitution which are not by is either real or personal.
law required to appear of record in the Registry
of Deeds; ENCUMBRANCE
2. Unpaid real estate taxes levied and assessed
within 2 years immediately preceding the Q: What is an “encumbrance”?
acquisition of any right over the land;
3. Any public highway or private way established A: An “encumbrance” is a burden upon land,
or recognized by law, or any government depreciative of its value, such as lien, easement or
irrigation canal or lateral thereof; servitude, which though adverse to the interest of the
4. Any disposition of the property or limitation on landowner, does not conflict with his conveyance of the
the use by virtue of PD 27 or any other law or land in fee.
regulation on agrarian reform;
5. Rights incident to the relation of husband and Q: Give examples of an encumbrance.
wife, and landlord and tenant;
6. Liability to any attachment or levy on execution; A:
7. Liability to any lien of any description a. Claim
established by law on the land and the buildings b. Lien
thereon, or on the interest of the owner on c. Charge
such lands and buildings; d. Liability attached to and binding upon real
8. Rights incident to the laws of descent or property such as:
partition between co-owners; 1. Mortgage
9. Taking of the property through eminent domain 2. Judgment lien
3. Lease
4. Security interest then the purpose of the Torrens System, which is to
5. Easement or right of way forever foreclose litigation with reference to the title to
6. Charge on the property said land, will be defeated.
EFFECT OF NOTICE OF LIS PENDENS Superior lien in favor of government
Q: Does a notice of lis pendens establish a lien? The superior lien in favor of the government on the
properties of the delinquent tax payer, need not to be
A: No. It is only a notice or warning that a claim or noted on the certificate of title to be binding on a
possible charge on the property is pending subsequent purchaser. This is complementary to the ff.
determination by the court remedies provided for in Sec. 316 of the Revised
Internal Revenue Code:
Q: Explain: “Generally, purchaser need not go behind
registry to determine condition of property.” a. Distraint of personal property and interest and
rights thereto, and
A: A purchaser in good faith acquires a good title as b. Judicial action
against all the transferees thereof whose rights are not
recorded in the Registry of Deeds at the time of the Q: May these remedies be exercised simultaneously?
sale.
A: Yes. Either of these remedies or both simultaneously
NOTE: Where there is nothing in the certificate of title may be pursued in the discretion of the authorities
to indicate any cloud or vice in the ownership of the charged with the collection of taxes.
property, or any encumbrance thereon, the purchaser is
not required to explore further than what the Torrens UNPAID REAL ESTATE TAXES
title upon its face indicates in quest for any hidden
defect or inchoate right that may subsequently defeat Unpaid real estate taxes levied on and assessed within 2
his right thereto. years immediately preceding the acquisition of any right
over the land by an innocent purchaser for value.
Where petitioners bought the land in question with the
knowledge of the existing encumbrances thereon, they Q: Is it necessary to register tax liens?
cannot invoke the right of purchasers in good faith.
A: No. It is not necessary to register tax liens because it
Q: What is the purpose of the rule? is automatically registered, once tax accrues, pursuant
to Sec. 44.
A: The decree of registration shall be conclusive upon all
persons, unless fraud is proved within the period of 1 Q: What does the phrase “of taxes levied and
year after said decree is rendered. The purpose is to assessed” mean?
give to the person registering and to his transferee for
value an absolutely clean title, one not subject to A: It is evident that the so-called taxes which have not
hidden defects, to undeveloped or inchoate claims, to been assessed or levied against the property and are
any sort of restriction, limitation or reduction except simply inchoate and underdeveloped, or taxes in
those named in the certificate of registration or embryo, cannot be held to be a lien or encumbrance
described in the law. upon the land so registered or conveyed or to affect the
title thereto. Taxes which have never been levied or
Q: What if the person who remained silent as to assessed are far more dangerous to a purchaser than
certain rights during the pendency of registration taxes actually assessed and of record, because they are
proceedings is permitted to file a subsequent action? not wholly unknown and unascertainable.
A: If a person, during the pendency of the registration PUBLIC HIGHWAY

proceedings, remains silent as to certain rights,
interests or claims existing in or upon the land, and then Q: What will happen if a person obtains a title under
later, by a separate action, have such interests litigated, the Torrens System by mistake?
A: Whether the land area is classified as landed estate
A: When a person obtains title, under the Torrens or not, he shall be the owner of a portion constituting a
System, which includes by mistake or by oversight, family-size farm of:
lands which cannot be registered under the Torrens
System, he does not, by virtue of said certificate, a. 5 hectares if not irrigated
become the owner of the land illegally included. Thus, b. 3 hectares if irrigated
the inclusion of a public highway in the COT does not
give the holder of such certificate ownership of the Q: What is the maximum area a landowner may
highway. retain?
Q: Is the above rule absolute? A: The landowner may retain an area of not more than
7 hectares if such landowner is cultivating such area or
A: No. It does not apply in the case of a road will not cultivate it.
constructed subsequent to the acquisition of the land. It
would be unfair for the government to take back the Q: What are the requisites for a tenant farmer to be
land without just compensation after selling it and owner of the agricultural land?
collecting the full price therefor. To do so would abridge
the owner’s individual right guaranteed by the A:
Constitution to own private property and keep it, free
from State appropriation, without due process and a. The cost of the portion transferred to him and
without just compensation. its interest shall be paid in 15 equal annual
amortizations.
NOTE: Secs. 19, 20 and 21 of Act No. 1120 sanction no b. He must be a member of a barrio association
authority for the government to take private lands upon organization of such association in his
covered by said Act for public use without just locality.
compensation.
R.A. 6657 OR COMPREHENSIVE
P.D. 27 OR TENANT EMANCIPATION DECREE AGRARIAN REFORM LAW
Q: What is the purpose of P.D. 27? Q: What law implemented the Comprehensive
Agrarian Reform Program (CARP)?
A: It is anchored upon the fundamental objective of
addressing valid and legitimate grievances of land A: CARP is implemented by RA 6657 or the
ownership giving rise to violent conflict and social Comprehensive Agrarian Reform Law. It covers all the
tension in the countryside. To encourage a more public and private agricultural lands regardless of
productive agricultural base of country’s economy, the tenurial arrangement and commodity produced as
decree laid down the system for the purchase by small provided in Proclamation No. 131 and E.O. 229
farmers of the lands they were tilling. including other lands of the public domain suitable for
agriculture.
Q: What does P.D. 27 specifically provide?
Q: Is RA 6657 (CARL) unconsituttional?
A: Landowners of agricultural lands which were devoted
primarily to rice and corn production and exceeded the A: The constitutionality of CARL was upheld in the case
maximum retention area were compelled to sell, of Association of Small Landowners in the Philippines v.
through the intercession of the government, their lands Secretary of Agricultural Reform. The Court held that
to qualified farmers at liberal terms and conditions. the law is a valid exercise by the State of the police
power and the power of eminent domain. The law is
Q: What is the extent of the area of land a tenant not an ordinary expropriation where only a specific
farmer may own? property of relatively limited area is sought to be taken
by the State from its owner for specific and perhaps
local purpose but deals with a revolutionary kind of
expropriation which affects all private agricultural lands.
Q: Can congress authorize the sale to private
PUBLIC LAND PATENTS corporations of reclaimed lands of the public domain?
Q: May public lands be subject of encumbrances? A: No. The Congress cannot authorize the sale to private
corporations of reclaimed lands of the public domain
A: Public land patents when duly registered in the because of the constitutional ban. Only individuals can
Registry of Deeds are subject to no encumbrances benefit from such law.
except those stated therein, plus those specified by the
statute. CONTENTS OF A CERTIFICATE OF TITLE
Q: How does the law preserve the land in the public Q: What should a certificate of title contain?
land applicant and his family pursuant to Sec. 118 of
Public Land Act? A:
A: The law provides that any transfer or alienation of a 1. Full names of all persons whose interest make-
free patent or homestead within 5 years from the up the full ownership in the land
issuance of the patent is proscribed. Such transfer 2. Civil status
nullifies said alienation and constitutes a cause for the 3. Names of their respective spouses, if married
reversion of the property to the State. 4. Citizenship
5. Residence and postal address
OTHER STATUTORY LIENS
NOTE: If the property belongs to the conjugal
The law provides that alienable lands of the public partnership, the title shall be issued in the names of
domain “granted, donated, or transferred to a province, both spouses. An original certificate of title, issued in
municipality, or branch or subdivision of the accordance with the decree, merely confirms a pre-
Government may be registered under the Torrens existing title. The OCT does not establish the time of
System.” acquisition of the property by the registered owner.
Q: What is the limitation to the above statement? Q: What is the exception to the rule that “all property
of the marriage presumed conjugal”?
A: The law provides that the land shall not be alienated,
encumbered or otherwise disposed of in a manner A: The presumption applies to property acquired during
affecting it title, except when authorized by Congress. the lifetime of the husband and wife. When the
property is registered in the name of a spouse only and
Q: To what lands the provision refers to? there is no showing as to when the property was
acquired by said spouse this is an indication that the
A: This provision refers to government reclaimed, property belongs exclusively to said spouse.
foreshore and marshy lands of the public domain that
have been titled but still cannot be alienated or JURISPRUDENCE
encumbered unless expressly authorized by Congress.
Domingo v. Reed- the wife may not bind the conjugal
Q: When can these lands be sold? assets without special authorization from the husband.
The rights of the wife over the property were merely
A: The law prohibits “except when authorized by inchoate prior to the liquidation of the conjugal
Congress” the sale of alienable lands of the public partnership.
domain that are transferred to government units or
entities. Ponce De Leon v. Rehabilitation Finance Corporation-
The party who invokes must first prove that the
NOTE: This constitutes a statutory lien affecting the title property in controversy was acquired during the
of the registered land even if not annotated on the marriage. In other words, proof of acquisition during
certificate of title. coverture is a condition sine qua non for the operation
of the presumption in favor of the conjugal partnership.
A: Prescription is unavailing not only against the
Litam v. Espiritu- the words “married to Rafael Litam” registered owner but also against his hereditary
written after the name of Marcosa Rivera, in each of the successors because the latter merely step into the
above mentioned titles are merely descriptive of the shoes of the decedent by operation of law and are
civil status of Marcosa Rivera, the registered owner of merely the continuation of the personality of their
the properties covered by said titles. predecessor in interest.
Philippine National Bank v. Court of Appeals- a person Q: What is the remedy available to the legal heirs?
dealing with a registered land has a right to rely upon
the face of the Torrens certificate of Title and to A: The legal heirs of a deceased may file an action
dispense with the need of inquiring further, except arising out of a right belonging to their ancestor,
when the party concerned has actual knowledge of without need of a separate judicial declaration of their
facts and circumstances that would impel a reasonably status as such, provided there is no pending special
cautious man to make such inquiry. proceeding for the settlement of the decedent’s estate.
REGISTERED LAND SUBJECT TO BURDENS OR NOTE: The right of the registered owner to recover
INCIDENRS BY OPERATION OF LAW possession of the registered property is equally
imprescriptible since possession is a mere consequence
Nothing contained in the Decree shall be construed as of ownership.
relieving the registered land or the owners thereof from
any rights incident to the relation of husband and wife, REGISTRATION OF MORTGAGE DOES NOT MAKE
landlord, and tenant, or from liability to attachment, ACTION FOR FORECLOSURE IMPRESCRIPTIBLE
levy on execution, or any lien established by law on the
landlord and tenant, or from liability to attachment, Q: What is the important effect of registration of
levy on execution, or any lien established by law on the mortgage?
land and the buildings thereon. The land may be taken
through: A: The important effect of registration of a mortgage is
obviously to bind third parties.
a. Eminent domain proceedings
b. Subjected to liability in bankruptcy REGISTERED OWNER MAY BE BARRED FROM
c. Insolvency proceedings RECOVERING POSSESSION THROUGH LACHES
REGISTERED LAND CANNOT BE ACQUIRED BY Q: What is laches?

PRESCRIPTION OR ADVERSE POSSESSION
A: Laches has been defined as the failure or neglect, for
Q: Can prescription and adverse possession be an unreasonable and unexplained length of time, to do
superior over the right of registered owner? that which by exercising due diligence could or should
have been done earlier; it is negligence or omission to
A: No. Prescription and adverse possession can never assert a right within a reasonable time, warranting
militate against the right of a registered owner since a presumption that the party entitled to assert it either
title, once registered cannot be defeated even by has abandoned it or declined to assert it.
adverse, open, and notorious possession.
Q: What is the nature of the defense of laches?
NOTE: The statute of limitations is merely a bar to a
right of action and does not operate as a transfer of title A: The defense of laches is an equitable one and does
at all. Registered lands are not subject to prescription. not concern itself with the character of the defendant’s
On grounds of equity, the government should pay for title, but only with whether or not by reason of
private property which it appropriates for the benefit of plaintiff’s long inaction or inexcusable neglect, he
the public, regardless of the passing time. should be barred from asserting his claim at all, because
to allow him to do so would be inequitable and unjust
Q: Is prescription unavailing against his heirs? to defendant.

LACHES v. PRESCRIPTION Object of the action is to
annul or set aside such
Q: Distinguish laches from prescription. judgment or enjoin its
enforcement
A:
Q: May a certificate of title be subject to collateral
LACHES PRESCRIPTION attack?
It is not concerned It is concerned with lapse
merely with lapse of time of time A: The settled rule is that a decree of registration and
It deals with the effect of It is concerned with the the certificate of title issued pursuant thereto may be
unreasonable delay fact if delay attacked on the ground of actual fraud within 1 year
An equitable relief A legal relief from the date of its entry and such an attack must be
direct and not by a collateral attack proceeding. The
validity of the certificate of title in this regard can be
Q: What are the elements of laches? threshed out only in an action expressly filed for the
purpose.
A:
1. Conduct on the part of the defendant, or of one Q: What is the purpose of the above rule?
under whom he claims, giving rise to the
situation of which complaint is made for which A: The efficacy and integrity of the Torrens System must
the complaint seeks remedy be protected.
2. Delay in asserting the complainant’s rights, the
complainant having had knowledge or notice of Q: May a “direct attack” on the title be made in a
defendant’s conduct and having been afforded counter-claim or third-party complaint?
an opportunity to institute a suit
3. Lack of knowledge or notice on the part of the A: Yes. In the case Leyson v. Bontuyan, the Court
defendant that the complainant would assert through Justice Callejo maintained that a direct attack
the right on which he bases his suit on title may be in an original action or in a counter-
4. Injury or prejudice to the defendant in the claim assailing it as void. A counterclaim is considered a
event relief is accorded to the complainant, or new suit and is to be tested by the same rules as if it
the suit is not held to be barred. were an independent action.
DE LA CALZADA-CIERRAS V. COURT OF APPEALS LEYSON V. BONTUYAN
The principle of laches is a creation of equity. It is Like a third-party complaint, a counterclaim is

applied, not really to penalize neglect or sleeping upon considered an original complaint, and as such, the
one’s right, but rather to avoid recognizing a right when attack on the title cannot be considered as a collateral
to do so would result in clearly inequitable situation. attack
CERTIFICATE NOT SUBJECT TO COLLATERAL ATTACK MAGAY V. ESTIANDAN
Q: Distinguish direct and collateral attack on the title? It is well-settled that a Torrens title cannot be
collaterally attacked. The issue on the validity of the
A: title can only be raised in an action expressly instituted
DIRECT ATTACK COLLATERAL ATTACK for that purpose. Even assuming the land in question is
When the object of the In an action to obtain a still part of the public domain, then the appellant is not
action or proceeding is to different relief, an attack the proper party to institute the reversion of the land
nullify title, and thus on the judgment is but it must be the Solicitor-General in the name of the
challenge the judgment nevertheless made as an Republic.
pursuant to which the incident thereof
title was decreed BARBAJO V. HIDDEN VIEW HOMEOWNERS, INC.

The title presented by certificate cannot be altered,
changed, modified, enlarged, or diminished in a A: The Register of Deeds shall not enter any new title in
collateral proceeding. favor of the grantee until after a plan indicating the
portions into which the land has been subdivided shall
The certificate of title serves as an evidence of an first be presented together with the technical
indefeasible title to the property in favor of the person descriptions thereof.
whose name appears therein.
Q: What is the remedy of the grantee?
YBAÑEZ V. INTERMEDIATE APPELLATE COURT
A: The deed of conveyance may be annotated on the
The settled rule is that a decree of registration and the owner’s certificate of title, which annotation shall serve
certificate of title issued pursuant thereto may be as notice to 3rd parties as to the fact that a portion of
attacked on the ground of actual fraud within 1 year the land has been the subject of conveyance.
from the date of its entry and such an attack must be
direct and not by a collateral proceeding. Q: What should the Register of Deeds do after the
A certificate of title issued under an administrative submission of the plan?
proceeding pursuant to a homestead patent is as
indefeasible as a certificate of title issued under a A: He shall thereupon partially cancel the grantor’s
judicial registration proceeding, provided the land certificate as to the portion affected and issue:
covered by said certificate is a disposable public land
within the contemplation of the Public Land Law. a. A new certificate to the grantee covering the
specific portion conveyed
SUBDIVISION OF REGISTERED LAND b. Another certificate to the grantor for the
remaining portions
Q: What are the requirements if any owner desires to
subdivide a tract of land into lots? But the Register of Deeds, instead of cancelling the
grantor’s title, may simply make a memorandum
A: thereon to the effect that a portion of the land has been
a. Submit to the Land Registration Authority a conveyed and that the title is deemed cancelled only
subdivision plan of the land duly approved by the insofar as that portion is concerned.
Lands Management Bureau, through the Regional
Technical Director, or Administrator of the Land SUBSEQUENT REGISTRATION
Registration Authority
b. Approved technical descriptions Q: What are the essential requisites of contracts?
c. Owner’s duplicate certificate of title
A:
Q: What should the subdivision plan contain?
1. Consent of the contracting parties;
A: The plan shall distinctly and accurately delineate all 2. Object certain which is the subject matter of
boundaries, streets, passageways, and waterways, if the contract; and
any. 3. Cause of the obligation which is established.
NOTE: The subdivision of the land may be made Q: In contracts of sale, what if the contract is not
administratively with the owner submitting a duly complete in form?
approved subdivision plan to the Register of Deeds and
requesting him to issue a new certificate of title for the A: In contracts of sale, even if the contract is not
land as subdivided. complete in form, as long as the essential requisites are
present such as the consent of the contracting parties,
CONVEYANCE OF ONLY A PORTION OF THE LAND object, and cause of the obligation, the contract is valid
and effective as between the parties. Under Art. 1357 of
Q: What if only a portion of the land described in the the Civil Code, its enforceability is recognized as each
COT is conveyed? contracting party is granted the right to compel the
other to execute the proper public instrument so that extinguishment or real rights over immovable
the valid contract of sale of registered land can be duly property; sales of real property or of an interest
registered and can bind third persons. therein are governed by Arts. 1403 No. 2 and 1405.
2. The cession and repudiation or renunciation of
CONTRACT OF SALE v. CONTRACT TO SELL hereditary rights or those of the conjugal
partnership of gains.
Q: Distinguish contract of sale from contract to sell. 3. The power to administer property or any other
power which has for its object an act appearing or
A: which should appear in a public document.
4. The cession of actions or rights proceeding from an
CONTRACT OF SALE CONTRACT TO SELL act appearing in a public document.
Title passes to the Ownership is not 5. All other contracts where the amount involved
vendee upon the delivery transferred upon delivery exceeds Five hundred pesos must appear in writing,
of the thing solid of the property but upon even a private one. But sales of goods, chattels or
full payment of the things in action are governed by Arts 1403, No. 2
purchase price and 1405.
The vendor has lost and Title is retained by the
cannot recover vendor until the full Q: What are the 2 kinds of delivery as a mode of
ownership until and payment of the price, transmission?
unless the contract is such payment being a
resolved or rescinded positive suspensive A: Under the Civil Code, delivery or tradition may be:
condition and failure of 1. Actual or real tradition
which is not a breach but 2. Constructive tradition
an event that prevents
the obligation of the Q: What if the sale of real property is made in a public
vendor to convey title instrument?
from becoming effective
A: The execution thereof is equivalent to the delivery of
Q: Is form important for validity, convenience, and the thing which is the object of the contract. In other
enforceability? words, there is symbolic delivery of the property subject
of the sale by the execution of the public instrument,
A: unless from the express terms of the instrument or by
G.R: Form is not important for the validity of a contract clear interference therefrom, this was not the intention
provided there is consent, subject matter and cause. of the parties.
But this rule applies only to consensual contracts.
Q: When is a contract of sale perfected?
EXC:
A: A contract is perfected by mere consent. More
1. Donation of real property which must be in a particularly, a contract of sale is perfected at the
public instrument to be valid. moment there is a meeting of minds upon the thing
2. Mortgage which must be recorded in the which is the object of the contract and upon the price.
Registry of Deeds
3. Agreements mentioned in the Statute of Frauds Even when a document appears on its face to be a sale,
the owner of the property may prove that the contract
Q: According to Article 1358, what contracts should is really a loan with mortgage by raising as an issue the
appear in a public instrument to be valid? fact that the document does not express the true intent
of the parties.
A: The following must appear in a public document:
(Art. 1358) The perfection of contract of sale should not be
consumed with its consummation.
1. Acts and contracts which have for their object the
creation, transmission, modification or
It should also be noted that sale is not a mode but a already had possession of the
mere title. object even before the sale;
and
MODE v. TITLE 5. Traditio constitutum where the
seller remains in possession of
Q: Distinguish “mode” and “title”? the property in a different
capacity.
A:
MODE TITLE Q: Is registration necessary for a valid sale?
A mode is the legal Is only the legal basis
means by which by which to affect A: As between the parties to a contract of sale,
dominion or dominion or registration is not necessary to make it valid and
ownership is created, ownership effective, for actual notice is equivalent to registration.
transferred or
destroyed. PURPOSE OF REGISTRATION
Q: How ownership and other real rights over property Q: What is the purpose of registration?
acquired or transmitted?
A: Registration is intended to protect the buyer against
A: claims of third persons arising from subsequent
1. Law alienations by the vendor, and is certainly not necessary
2. Donation to give effect to the deed of sale, as between the
3. Testate and Intestate succession parties to the contract.
4. Contracts
Q: What is the operative act to convey or affect
Sale, by itself does not transfer or affect ownership; the registered land?
most sale does is to create the obligation to transfer
ownership. It is tradition or delivery, as a consequence A: It is registration of contracts dealing with the
of sale, that actually transfers ownership. registered property in the corresponding Registry of
Deeds that binds or affects third persons.
REAL v. CONSTRUCTIVE DELIVERY
Q: What is the effect of non-compliance?
Q: Distinguish Real and Constructive delivery?
A: Non-compliance with the formal requirements does
A: not adversely affect the validity of the contract nor the
contractual rights and obligations of the parties.
REAL DELIVERY CONSTRUCTIVE/LEGAL DELIVERY
Consists in May be had through: REGISTRATION A MINISTERIAL ACT
placing the thing
sold in control 1. Execution of a public Q: Is registration a ministerial act?
and possession of instrument evidencing the sale;
the vendee. 2. Symbolical tradition such as the A: Yes. It is a ministerial act by which a deed, contract or
delivery of the keys of the place instrument is inscribed in the records of the office of
where the movable is being the Register of Deeds and annotated at the back of the
kept; certificate of title covering the land subject of the deed,
3. Traditio longa manu or by mere contract or instrument.
consent or agreement of the
movable sold cannot yet be Q: Does the Property Registration Decree extend
transferred to the possession of shield for frauds?
the buyer at the time of the
sale; A: No. The Property Registration Decree only protects
4. Traditio brevi manu if the buyer the holder in good faith. Thus, where the party has
knowledge of a prior existing unregistered interest has of a duty resulting from an office, trust or station, and is
the effect of registration as to him. Knowledge of an proper instance where mandamus will lie.
unregistered sale is equivalent to registration.
Q: Is payment of taxes prerequisite to registration?
Q: What is the importance of registration?
A: Yes. Republic Act 456 prohibits the registration of
A: For a transaction as important as the sale of a documents affecting real property which is delinquent
registered parcel of land, it may be necessary to keep a in the payment of real estate taxes.
record thereof.
Q: Explain: “Registration is constructive notice to third
Q: Can a verbal agreement of sale be registered? persons?
A: No. A: It is the act of registration which creates a

constructive notice to the whole world and binds third
Q: What does Art. 1544 state with regard the “rule on persons. Absent such registration, a conveyance does
preference”? not affect or bind the land. A person dealing with
registered land is merely charged with notice of the
A: Rules According to 1544: burdens on the property which are noted on the face of
the register or the certificate of title.
1. MOVABLE-owner who is first to possess in good
faith; RULE OF NOTICE
2. IMMOVABLE Q: Explain the so-called “Rule of Notice.”
1. First to register in good faith A: Under the rule, it is presumed that the purchaser has
2. No inscription, first to possess in good faith examined every instrument of record affecting the title.
3. No inscription & no possession in good faith – He is charged with notice of every fact shown by the
Person who presents oldest title in good faith record and is presumed to know every fact which an
examination of the record would have disclosed.
Q: Should invalid instruments be denied registration?
Q: What is the nature of this presumption?
A: No. Registration of document is ministerial on the
part of Register of Deeds. The rights of the parties, who A: Irrefutable. This presumption cannot be overcome by
have registered their rights, are not put in issue when proof of innocence or good faith.
an instrument is subsequently presented for
registration; nor are its effects on another instruments The rule that all persons must take notice of the facts
previously registered put in issue by the procedure of which the public record contains is a rule of law. The
registration. rule must be absolute.
Also, since the purpose of registration is only to give Q: What other rule is applied in the registration
notice, then questions regarding the effect or invalidity proceedings?
of instruments are expected to be decided after, not
before registration. It must follow then that registration A: The rule prior est in tempore, prior est in jure or “he
must first be allowed, and validity or the effect litigated who is first in time is preferred in right” is also followed.
afterwards.
Q: When does the sale of registered land become
Q: What if there is refusal on the part of the Register legally effective against third persons?
of Deeds?
A: The sale of registered land becomes legally effective
A: His refusal to enter such instrument in his book is against third persons only from the date of its
tantamount to an unlawful neglect in the performance registration.

Q: What is the effect if there is a notice of lis pendens? interest. It is for this reason that banks, before
approving a loan, send representatives to the premises
A: A notice of lis pendens serves as a warning to a of the land offered as collateral and investigate who are
prospective purchaser or encumbrancer that the the true owners thereof.
particular property is in litigation, and that he should
keep his hands off the same, unless he intends to VOLUNTARY v. INVOLUNTARY REGISTRATION
gamble on the results of the litigation.
Q: Distinguish voluntary and involuntary registration.
Q: Is the purchaser required to explore further than
what title indicated for hidden defects? A:
A: No. It is basic that a person dealing with registered VOLUNTARY INVOLUNTARY

property need not go beyond, but only has to rely on REGISTRATION REGISTRATION
the title. He is only charged with notice only of such An innocent purchaser An entry in the day book is
burdens and claims which are annotated on the title, for for value of registered a sufficient notice to all
registration is the operative act that binds the property. land becomes the persons even if the
Where there is nothing in the certificate of title to registered owner, the owner’s duplicate
indicate any cloud or vice in the ownership of the moment he presents and certificate of title is not
property, or any encumbrance thereon, the purchaser is files a duly notarized and presented to the Register
not required to explore further than what the Torrens valid deed of sale and the of Deeds.
title upon its face indicates in quest for any hidden same is entered on the
defect or inchoate right that may subsequently defeat day book and at the same Examples:
his right thereto. time he surrenders or a. Attachment
presents the owner’s b. Levy on execution
TORRENS TITLE DOES NOT VEST TITLE duplicate certificate of c. Lis pendens
title covering the land
Q: Does Torrens title vest title? sold and pays the
registration fees.
A: No. It does not create or vest title. It only confirms
and records title already existing and vested. It does not Q: Is surrender of owner’s duplicate certificate
protect a usurper from the true owner. It cannot be a required for registration?
shield for the commission of fraud. It does not permit
one to enrich himself at the expense of another. A: Yes. No voluntary instrument shall be registered by
the Register of Deeds unless the owner’s duplicate
Q: When should the purchaser investigate? certificate is presented together with such instrument,
except in cases or upon order of the court for cause
A: One who purchases real property which is in the shown. This act is required by P.D. 1529, Sec. 53. Only
actual possession of others should, at least, make some after compliance with this and other requirments shall
inquiry concerning the rights of those in possession. The actual registration to the date og entry in the day book.
actual possession by others than the vendor, should at
least, put the purchaser upon inquiry. He cannot be Q: What if there is refusal or failure of the holder to
regarded as bona fide purchaser in the absence of such surrender the owner’s duplicate certificate?
inquiry as against such possessors.
A: The party in interest may file a petition in court to
Q: What is the rule with respect to banks? compel surrender of the same to the Register of Deeds.
A: It has been held that a bank is not required, before Q: What if there is non-production of the owner’s
accepting the mortgage, to make an investigation of the duplicate of certificate of title if the vendees are aware
title of the property being given as security. Banks are of the prior sale on account of their relationship with
cautioned to exercise more care and prudence in the first vendee?
dealing even with registered lands than private
individuals, for their business is one affected with public
A: The non-production of the owner’s duplicate of the Therefore, if the owner has voluntarily or carelessly
certificate of title may not invalidate a vendee’s claim of allowed the forger to come into possession of his
ownership where the subsequent vendees of the same owner’s certificate he is to be judged according to the
lot cannot be considered in law to be unaware of the maxim that when one of two innocent persons must
prior sale, on account of their relationship with the first suffer by the wrongful act of a third person, the loss fall
vendee, since the validity of title to a piece of property on him who put it into the power of that third person to
depends on the buyer’s knowledge, actual or perpetrate the wrong.
constructive, of a prior sale. The vendor’s heirs are his
privies. Against them, failure to register will not vitiate Q: What is the remedy of the person prejudiced?
or annul the vendee’s right of ownership conferred by
such unregistered deed of sale. A: The remedy of the person prejudiced is to bring an
action for damages against those who caused the fraud,
Q: What will happen in case of issuance of TCT without and if the latter is insolvent, an action against the
production of owner’s duplicate? Treasurer of the Philippines may be filed for recovery of
damages against the Assurance Fund.
A: The issuance of a new transfer certificate of title
without the presentation of the owner’s duplicate is Q: What if the owner is not at fault?
unwarranted and confers no right on the purchaser.
A: When the instrument presented is forged, even if
Q: When is there good faith? accompanied by the owner’s duplicate certificate of
title, the registered owner does not thereby lose his
A: Good faith consists in the possessor’s belief that the title, and neither does the assignee in the forged deed
person from whom he received the thing was the owner acquire any right or title to the property. The giving of a
of the same and could convey his title. certificate of title by owners to another person is not in
itself an act of negligence, especially so where it does
INNOCENT PURCHASER FOR VALUE not appear that the owner has executed any document
authorizing the holder of certificate to execute deeds
Q: Who is an innocent purchaser for value? for and in their behalf. But one who consents to be the
mortgagee of said certificate of title without taking
A: He is one who purchases a title land by virtue of a sufficient care to see to it that the person who executed
deed executed by the registered owner himself, not by the deed of mortgage is the real registered owner of the
a forged deed. property is guilty of negligence and must suffer for it.
A FORGED DEED MAY BE THE BASIS OF A GOOD TITLE Q: What is the doctrine of “Mortgagee in good faith”?
IN THE HANDS OF A BONA FIDE PURCHASER
A: Under Art. 2085 of the Civil Code, one of the
Q: Explain: “A forged deed may be the basis of a good essential requisites of the contract of mortgage is that
title in the hands of a bona fide purchaser.” the mortgagor should be the absolute owner of the
property to be registered, otherwise, the mortgagee is
A: Torrens system permits a forged transfer, when duly considered null and void. An exception to this rule is
entered in registry, to become the root of a valid title in this doctrine. Under this doctrine, even if the mortgagor
a bona fide purchaser. The law erects a safeguard is not the owner of the mortgaged property, the
against a forged transfer being registered by the mortgage contract and any foreclosure sale arising
requirement that no transfer shall be registered unless therefrom are given effect by reason of public policy.
the owner’s certificate is produced along with the The prevailing jurisprudence is that a
instrument of transfer. An executed transfer of mortgagee has a right to rely in good faith on the
registered lands placed by the registered owner thereof certificate of title of the mortgagor to the property
in the hands of another operates as a representation to given as security and in the absence of any sign that
a third party that the holder of the transfer is might arouse suspicion, has no obligation to undertake
authorized to deal with the lands. further investigation.
MEMORANDUM OF ENCUMBRANCES
Q: When does the purchaser acquire right or interest
Q; What is the so-called “Memorandum of on the property?
encumbrances”?
A: In an execution of sale of real property, the
A: At the dorsal side of a certificate of title is a purchaser acquires only such right or interest as the
memorandum of encumbrances affecting the property. judgment debtor had on the property at the time of the
It is here that all interests in registered land less than sale. It follows that if at the time the judgment debtor
ownership, like a mere contract to sell for example, had no more right or interest in the property because
shall be entered by the Register of Deeds. A similar he had already sold it to another, then the purchaser
entry shall also be made on the owner’s duplicate acquires nothing.
certificate of title.
In the case Levi v. Bass, it was held that an innocent
Q: What are the contents of the instrument presented purchaser for value of registered land becomes the
for registration? registered owner and in the contemplation of the law
the holder of a certificate thereof the moment he
A: presents and files a duly notarized and a lawful deed of
sale and the same was entered on the day book and at
1. Full name the same time he surrenders or presents the owner’s
2. Nationality duplicate certificate of title to the property sold and
3. Status pays the full amount of the registration fees, because
4. Residence what remains to be done lies not within his power to
5. Postal address of the grantee or person perform.
acquiring interest under such instrument.
6. If the grantee is a corporation or association, Record is constructive notice of its contents
the instrument shall contain a statement
whether or not it is legally qualified to acquire The record is constructive notice to the world. All
private lands. persons are charged with the knowledge of what it
contains. All persons dealing with land so recorded, or
NOTE: Private corporations or associations may any portion of it, must be charged with notice of
not hold alienable lands of the public domain whatever it contains.
except by lease.
RULE OF NOTICE
7. Changes in the names, residences, and postal
addresses of all parties to the instrument shall Q: What is the “Rule of Notice”?
also be entered on all certificates.
A: It is presumed that the purchaser has examined
Q: What is the primary entry book or day book? every instrument of record affecting the title. He is
charged with the notice of every fact shown by the
A: It is a record of all instruments, including copies of record and is presumed to know every fact which an
writs and processes, affecting registered lands, which examination of the record would have disclosed. This
are entered by the Register of Deeds in the order of presumption cannot be overcome by proof of
their filing, upon payment of the proper fees. The innocence or good faith. Otherwise, the very purpose
recording is a preliminary process and shall note the and object of the law requiring record would be
date, hour, and minute of receipt of said instruments. destroyed.
NOTE: Deeds entered in the day book considered CONVEYANCE AND TRANSFERS
registered from the moment they are so noted.
Q: What is the procedure if owner desires to convey
DEEDS ENTERED IN THE DAY BOOK CONSIDERED the land covered by his title?
REGISTERED FROM THE MOMENT THEY ARE SO NOTED
A: He shall execute the proper deed of conveyance, in
proper form, and present the same with the owner’s
duplicate certificate, to the Register of Deeds for entry MORTGAGES AND LEASES
and registration. The RD shall enter in the registration
book the fact of conveyance and then prepare a new Q: What is the essence of mortgage?
certificate of title in the name of the grantee, the
owner’s duplicate of which shall be delivered to him. A: A property has been identified or set apart from the
mass of the property of the debtor-mortgagor as
NOTE: In this case, the original and owner’s duplicate of security for the payment of money or the fulfillment of
the grantor’s certificate shall be stamped “CANCELLED.” an obligation to answer the amount of indebtedness, in
case of default of payment.
Q: What if only portions of the land are conveyed?
Q: When is foreclosure valid?
A: The RD shall not issue any transfer certificate of title
to the grantee until a plan of such land showing the A: Where the debtors are in default in the payment of
portion or portions into which it has been subdivided their obligation.
and the corresponding technical descriptions shall have
been verified and approved pursuant to Sec. 50 of P.D. Q: What may be the object/s of mortgage?
1529.
A:
In the meantime, the deed of conveyance may be 1. Immovables; and
annotated by way of memorandum on the grantor’s 2. Alienable real rights in accordance with the laws
certificate of title, which shall serve as notice to 3rd imposed upon immovables
persons of the fact of conveyance. The effect of such
memorandum is to show and recognize the grantee’s NOTE: Movables may be the object of a chattel
title to the portion thus conveyed pending actual mortgage.
issuance to him of the corresponding transfer certificate
of title. Q: What is a “real mortgage”?
NOTE: If the land has been subdivided into several lots, A: A real mortgage is a contract in which the debtor
designated by number or letters, the RD, if requested by guarantees to the creditor the fulfillment of a principal
grantor, may instead of cancelling his certificate of title, obligation, subjecting for the faithful compliance
simply issue in his name a new certificate of title for the therewith a real property in case of non-fulfillment of
remaining unconveyed lots, enter on said certificate and said obligation at the time stipulated.
on the owner’s duplicate memorandum as to the fact of
conveyance of a portion of the land, the issuance to the Requisites of Mortgage
grantee of a transfer cert. of title for said portion, and
the cancellation of the grantor’s cert. insofar as said Q: What are the requisites of mortgage?
portion is concerned.
A: Art. 2085 of the Civil Code provides for ff. the
CARRYING OVER OF ENCUMBRANCES IN THE NEW requisites:
CERTIFICATE
1. That they be constituted to secure fulfillment of
NOTE: Whenever registered land is conveyed, all a principal obligation
subsisting encumbrances or annotations appearing in 2. That the pledgor or mortgagor be the absolute
the registration book and noted on the cert. of title shall owner of the thing pledged or mortgaged.
be carried over and noted on the new cert. of title 3. That the persons constituting the pledge or
except where said encumbrances or annotations are mortgage have the free disposal of their
simultaneously released or discharged. property, and in the absence thereof, that they
be legally authorized for the purpose
Q: What is the rule between 2 involuntary documents?
Third persons who are not parties to the principal
A: The rule is, the earlier entry prevails. obligation may secure the latter by pledging or
mortgaging their own property.
nevertheless reveals the intention of the parties to
Q: Can a mortgagee eject the occupants of the charge a real property as security for debt, and contains
property mortgaged? nothing impossible or contrary to law.
A: A mortgagee has no right to eject the occupants of Q: What are the instances wherein the law presumes
the property mortgaged. This is because a mortgage the existence of equitable mortgage?
passes no title to the mortgagee unless and until he
purchases the same at public auction and the property A: ART. 1602. The contract shall be presumed to be an
is not redeemed within the prescribed period. equitable mortgage, in any of the following cases:
Characteritics of Mortgage (1) When the price of a sale with right to repurchase is
unusually inadequate;
Q: What are the characteristics of mortgage? (2) When the vendor remains in possession as lessee or
otherwise;
A: According to Justice Paras, the ff. are its requisites: (3) When upon or after the expiration of the right to
repurchase another instrument extending the period of
1. It is a real right redemption or granting a new period is executed;
2. It is an accessory contract (4) When the purchaser retains for himself a part of the
-if the principal contarct is void, the mortgage is purchase price;
also void. (5) When the vendor binds himself to pay the taxes on
3. It is indivisible the thing sold;
4. It is inseparable (6) In any other case where it may be fairly inferred that
-a mortagage adheres to the property the real intention of the parties is that the transaction
regardless of who its owner may subsequently shall secure the payment of a debt or the performance
be of any other obligation.
5. It is a real property
6. It is a limitation on ownership Q: What ate the requisites for equitable mortgage?
NOTE: Art. 2127 of the Civil Code provides that the A:

mortgage extends to the natural accessions, to the
improvements, growing fruits and the rents or income 1. That the parties entered into a contract
not yet received when the obligation becomes due, and denominated as a contract of sale
to the amount of indemnity granted or owing to the 2. That their intention was to secure an existing
proprietor from the insurers of the property mortgaged, debt by way of mortgage
or in virtue of the expropriation for public use.
Q: Should all the circumstances in Art. 1602 concur?
MORTGAGE LIEN IS A RIGHT IN REM WHICH FOLLOWS
THE PROPERTY A: No. The existence of any of the circumstances
therein, not a concurrence nor an overwhelming
It subsists notwithsatnding the change in ownership. number of such circumstances, suffices to give rise to
The personality of the owner is disregarded. All the presumption that the contarct is an equitable
subsequent purchasors, therefore, must respect the mortgage.
mortgage whether the transfer to them be with or
without the consent of the mortgagee, for such Q: What is the presumption or rule in case of doubt?
mortgage until discharged follows the property.
A: A contarct should be construed as a mortgage or a
EQUITABLE MORTGAGE loan instead of a pacto de retro sale when its terms are
ambigous or the circumstances surrounding its
Q: What is an “equitable mortgage”? execution or its performance are incompatible or
inconsistent with the theory that it is a sale.
A: It is one, although lacking in some formality, form,
words, or other requisites demanded by a statute,
RECORDED MORTGAGE IS A RIGHT IN REM EFFECT OF NOTICE LIS PENDENS
NOTE: It is well settled that a recorded mortgage is a Q: What is a notice of lis pendens?
right in rem, a lien on property whoever its owner may
be. The recording of the mortgage puts the whole world A: It is an announcement to the whole world that a
on constructive notice of its existence and warns particular real property is in litigation, and serves as
everyone who deals with the property. warning that one who acquires an interest over said
property does so at his own risk, so that he gambles on
Q: Is the consideration for the mortgage same with the results over said property.
that of the principal contract?
EFFECT OF FORGED DEED
A: Yes, since mortgage is only an accessory contract.
Q: What is the effect of forged deed?
Q: What will happen if the mortgage is substituted
with a surety bond? A: Where the mortgage is admittedly a forgery and the
registered owner has not been shown to have been
A: It will convert such lien from a right in rem to the negligent or in connivance with the forger, the
right in personam which would abridge the rights of the mortagage cannot be enforced against the owner.
mortgagee under the mortgage contract.
NOTE: As between 2 innocent persons, one of whom
Q: What is the rule on unrecorded mortgage? must suffer the consequences of a breach of trust, the
one who made it possible by his act of confidence must
A: If the instrument is not recorded, the mortgage is bear the loss.
nevertheless binding between the parties. The rule is a
mortgage, whether registered or not, is binding Q: Between unrecorded sale of prior date of real
between the parties, registration being necessary only property and a recorded mortgage on later date, which
to make same valid against third persons. It neither must be preferred?
adds validity nor convert an invalid mortgage into a
valid one between the parties. A: The former must be preferred to the latter for the
reason that if the original owner had parted with his
NOTE: The registration must be first allowed and the ownership of the thing sold then no longer had the
validity or effect thereof litigated afterwards. ownership and free disposal of that thing so as to be
able to mortgage it again.
Q: May mortgage credit be alienated?
The registration is of no moment since it is understood
A: Yes, as provided in Art. 2128 of the Civil Code. It may to be without prejudice to the better right of 3rd parties.
be alienated or assigned to 3rd person, in whole or in
part, with the formalities of the law. But even if the JUDICIAL DECLARATION AS TO EXISTENCE OF A LIEN
registration is not registered, it would still be valid as SUFFICIENT
between the parties inasmuch as registration is needed
only to affect 3rd persons. NOTE: An agreement to constitute the mortgage is
lawful and such stipulation can be enforced by the
INNOCENT PURCHASER FOR VALUE INCLUDES creditor, being no wise inconsistent with the right to
INNOCENT LESSEE OR MORTGAGEE recover the indebtedness even though there is only a
personal promise to constitute mortgage which gives
NOTE: The law states that an innocent purchser for rise only to a personal obligation.
value includes:
Q: What are the rights of the second mortgagee?
a. An innocent lessee
b. Innocent mortgagee A:
c. Other incumbrancer for value
1. Right of repurchase
2. To apply to the payment of its credit the excess a. Foreclose the mortgage
of the proceeds of the sale after payment of the b. File an ordinary action to collect the debt.
credit of the first mortgagee.
Q: What if he chose the first remedy?
Q: What is the effect if the torrens title is nullified?
A: Then, the mortgage enforces his lien by the sale on
A: The mortgage will not be cancelled where it is shown foreclosure of the mortgaged property. The proceeds of
that the bank relied on the validity of the title in the the sale will go to the satisfaction of the debt. In case of
name of the mortgagor and, therefore, acted in good deficiency, the mortgagee has the right to claim for the
faith. deficiency resulting from the price obtained in the sale
of real property at public auction and the outstanding
Q: What is the rationale behind the rule? balance at the time of foreclosure proceedings.
A: Because every person dealing with the registered Q: What if he chose the second?
land may safely rely on the correctness of the certificate
of title issued therefor and the law will in no way oblige A: Then, he waives his mortgage lien. He will have no
him to go behind the certificate to deterrmine the more priority over the mortgaged property.
condition of the propertty.
Q: An action to enforce a right arising from the
DISCHARGE OR CANCELLATION mortgage should be enforced within what period?
A mortgage given to secure advancements is a A: Within 10 years from the time the right of action
continuing security and is not discharged by repayment accrues, or from default in payment of the loan
of the amount named in the mortgage, until the full ammortizations. Otherwise, it will be barred by
amount of the advancements are paid. prescription.
A stipulation in a contract of mortgage that the Q: What are the options of a secured debtor in case of
ownership of the property would automatically pass to death of the debtor?
the mortgage in case no redemption was effected
within the stipulated period is void for being a pactum A: The first assigned error, the rule is that a secured
commisorium which enables the mortgagee to acquire creditor holding a real estate mortgage has three (3)
ownership of the mortgaged property without need of options in case of death of the debtor. These are:
foreclosure.
(1) to waive the mortgage and claim the entire debt
RULE ON REDEMPTION LIBERALLY CONSTRUED from the estate of the mortgagor as an ordinary
claim;
In Ysmael v. Court of Appeals¸the Court held that the (2) to foreclose the mortgage judicially and prove any
rule on redemption is actually liberally construed in deficiency as an ordinary claim; and
favor of the original owner of the property. (3) to rely on the mortgage exclusively, foreclosing the
same at anytime before it is barred by
FORECLOSURE OF MORTGAGE prescription, without right to file a claim for any
deficiency
Q: What is foreclosure?
PROCEDURE IN CASE OF JUDICIAL FORECLOSURE OF
A: It is the process by which a mortgagee acquires an MORTGAGE
absolute title to the property of which he had
previously been only the conditional owner, or upon If the mortgaged property has been the subject of
which he hadpreviously a mere lien or encumbrance. judicial foreclosure, a certified copy of the final order of
the court confirming the sale shall be filed and
Q: What are the remedies in case of default? registered with the RD.
A: The mortgagee may:

a. If the mortgagor fails to redeem, his certificate
shall be cancelled, and a new certificate shall be Q: Within what period may it be exercise?
issued to the purchaser.
b. If the property is redeemed, the mortgagor’ A: Within 1 year (365 days) from the date of the
certificate of sale, the order of court confirming registration of the certificate of sale
it, and deed of redemption shall be filed with
the Register of Deeds and a brief memorandum Q: What will determine whether a person is included
thereof noted on the mortgagor’s certificate of within the terms of redemption statute?
title.
A: If one is in privity in title with the mortgagor, and he
has such interest that he would be a loser by the
foreclosure, he may redeem.
EQUITY OF REDEMPTION v. RIGHT OF REDEMPTION PROCEDURE IN CASE OF EXTRA-JUDICIAL

FORECLOSURE
Q: Distinguish equity of redemption and right of
redemption  In this case, the sheriff’s certificate of sale shall be
filed with tyeh RD and a brief memorandum thereof
A: entered on the mortgagor’s certificate of title.
EQUITY OF RIGHT OF REDEMPTION a. If the mortgagor fails to redeem, his certificate

REDEMPTION shall be cancelled, and a new certificate shall be
It is the right of the The right of the mortgagor issued to the purchaser.
mortgagor to redeem to repurchase the property b. If no redemption is made, the final deed of sale
the mortgaged property even after confirmation of executed by the officer authorized for the
after his default in the the sale, in cases of purpsoe, or his certificate of non-redemption,
performance of the foreclosure by banks, shall be filed with the RD who shall thereupon
conditions of the within one year from the cancel the mortgagor’s cert. of title and issue a
mortgage but before the registration of the sale. new title to the purchaser.
sale of the property or
the confirmation of the Q: When is extra-judicial foreclosure proper?
sale
A: It is proper only when so provided in the real estate
NOTE: Title to the mortgaged real property does not mortgage contract.
vest in the purchaser until after the confirmation of the
sale, hence, he has prior to that time, no right to Q: Is personal notice necessary?
possession of such property.
A: No. The law only directs the posting of notices of the
It is the confirmation that operates to divest the title sale in at least 3 public places of the municipality where
out of the former owner and to vest it in the purchaser. the property is situated, and the publication thereof in a
This confirmation retroacts to the date of the sale. newspaper of general circulation in said municipality.
Q: To whom the right of redemption is granted? Q: What is the period of redemption?
A: A: The one year period of redemption should be

counted not from the date of foreclosure sale, but from
1. Debtor the certificate of sale is registered with the RD.
2. His successor-in-interest
3. Or any judicial creditor of said debtor Q: When is the legal redemption converted to
4. Or any person having a lien on the property conventional redemption?
subsequent to the mortgage or deed of trust
under which the property is sold
A: It is only where, by voluntary agreement of the becomes the absolute owner of the property when no
parties, consisting of extensions of the redemption redemption is made.
period, followed by commitment by the debtor to pay 4. The purchaser can demand possession at any time
the redemption price at fixed date. following the consolidation of ownership in his name
and the issuance to him a new transfer cert. of title.
NOTE: The period of redemption is not prescriptive 5. The issuance of the writ of possession to the
period but a condition precedent provided by laws to purchaser becomes a matter of right and a ministerial
restrict the right of the person to exercise redemption. function.
What is required for redemption is the tender of 6. The proceedings under Act No. 3135 are summary
amount due under the mortgage deed, plus interest, in nature
and not merely the purchase price at the auction sale. 7. There is no need for the purchaser to implead the
mortgagors as respondents, hence, the latter cannot
Q: Give the effect/s of failure to redeem by the claim denial of due process when the court takes
mortgagor? cognizance of the petition for issuance of a writ of
possession without prior service of the petition and of
A: Then, he becomes the absolute owner of the the notice of hearing thereof upon them.
property purchased. As such, he is entitled to the 8. There is no need for the court to suspend
possession of the property and can demand it any time proceedings merely and solely because the mortgagors
following the consolidation of ownership in his name filed a separate complaint for the nullification of the
and the issuance of a new transfer cert. of title. No real estate mortgage as well as the sale at public
bond is necessary. auction and the sheriff’s cert. of sale issued in favor of
the purchaser. The reasons are:
EFFECTS OF FORECLOSURE OF A PRIOR MORTGAGE ON
SUBORDINATE LIENS a. An ex parte petition for the issuance of a
possessory writ is not, strictly speaking, a
NOTE: The rights of a subsequent lien holder over the “judicial process” as contemplated in Art. 433 of
mortgaged property are inferior to that of the prior the Civil Code. It is non-litigious proceeding.
mortgagee. b. As a rule any question regarding the validity of
the mortgage or its foreclosure cannot be a
The rule is that upon foreclosure of a prior mortgage, all legal ground for refusing the issuance of a writ
liens subordinate to the mortgage are likewise of execution.
foreclosed, and the purchaser at public auction held
pursuant thereto acquires title fee from the subordinate CONSOLIDATION OF CASES
liens.
The trial court is not mandated to consolidate the
SUMMARY OF RULES IN EXTRA-JUDICIAL petition for the issuance of a writ of possession and the
FORECLOSURE civil case for the annulment of the foreclosure
proceedings.
1. The mortgagor or his successor-in-interest may
redeem the foreclosed property within 1 year from the The trial court is vested with discretion whether or not
registration of the sale with the RD; to consolidate 2 or more cases.
2. If the mortgagor fails to redeem, the buyer at public
auction may file with the RTC in the province or place Q: What is the object of consolidation?
where the property or portion thereof is located, an ex
parte motion for the issuance of a writ of possession A: It is to avoid multiplicity of suits, guard against
within 1 year from the registration of the Sheriff’s cert. oppression or abuse, prevent delays and save the
of sale, and the Court shall grant the said motion upon litigants unnecessary acts and expenses.
the petitioner’s posting a bond in an amount equivalent
to the use of the property for a period of 12 months. Q: When should consolidation be denied?
3. The purchaser, who has a right tp possession that
extends after the expiration of the redemption period,

A: When it would result prejudice to any of the parties 3. No third person is involved
or would cause complications, delay, prejudice, cut-off,
or restrict the rights of a party. Q: What are the cases where writ of possession may
be issued?
Q: Distinguish between petition for issuance of a writ
of possession and civil action to annul the proceedings. A: A writ of possession may be issued in the ff. cases:
A: 1. In a land registration proceeding, a proceeding

in rem
Petition for issuance of a Civil action to annul the 2. In case of extrajudicial foreclosure of a realty
writ of possession proceedings mortgage
-A judicial process and is -Adversarial in character 3. In case of judicial foreclosure of mortgage, a
non-litigious proceeding proceeding quasi in rem, provided that the
-Summary in nature mortgagor is in possession of the mortgaged
realty and no 3rd person, not a party to the
foreclosure suit, had intervened.
4. In execution sales
Q: What is the rule when a 3rd party is in possession or

is not privy to the debtor?
WRIT OF POSSESSION; ISSUANCE MINISTERIAL
A: The proper procedure is for the court to order a
Q: What is a writ of possession? hearing to determine the nature of said adverse
possession. While the rule is that the purchaser in a
A: Ir is an order whereby the sheriff is commanded to foreclosure sale of mortgaged property is entitled to a
place a person in possession of real or personal writ of possession and that upon an ex parte petition of
property. the purchaser, it is ministerial upon court to issue such
writ of possession in favor of the purchaser, the rule is
Q: When may it be issued? not an unqualified one.
A: Q: Why is the rule as such?
1. Within the 1-year redemption period, upon A: The reason for the rule is that the third party in
filing of a bond possession of the property which has been the subject
2. After the lapse of the redemption period, of extrajudicial foreclosure and who is not privy to the
without need of a bond. mortgage, is entitled to vindicate his rights thereto in an
action for that purpose.
NOTE: After the redemption period has expired, the
purchaser of the property has the right to be placed in WRIT SHOULD NOT ISSUE IF THE VALIDITY OF THE LEVY
possession thereof. AND SALE IS AN ISSUE IN ANOTHER CASE
It is an inescapable duty of the sheriff to enforce the The writ of possession should not be issued if the
writ of possession, especially where a new title has validity of the levy and sale of the properties for which
already been issued in the name of the purchaser. said writ is sought is directly put in issue.
Q: What are the things required in order for it to be The validity of the levy and sale is an issue which
ministerial upon the court to issue a writ of possession requires preemptive resolution since if the applicants
in favor of a purchaser? for the writ acquired no interest in the property by
virtue of the levy and sale, he is no entitled to
A: possession.
1. Provided that a proper motion has been filed
2. Approved bond POWER OF ATTORNEYS; TRUSTS
A: One in whom confidence is reposed as regards
Q: What is a “special power of attorney”? property for the benefit of another
A: It refers to a clear mandate (express or implied) Q: Who is the so called beneficiary or cesti que trust?
specifically authorizing the performance of an act, and
must therefore be distinguished from an agency A: The person for whose benefit the trust has been
couched in general terms. created is referred to as such
NOTE: The authority should be in writing, otherwise, Q: Distinguish expressed from implied trusts
the sale is void. This applies to:
a. Sale A:
b. Usufruct
c. Easements, etc. EXPRESS TRUSTS IMPLIED TRUSTS
Those which the direct Either:
The special power to sell excludes the power to and positive acts of the a. Resulting
mortgage, and a special power to mortgage does not parties create, by some b. Constructive
include the power to sell. writing or deed, or will,
or by words envincing
An agency couched in general terms comprises only acts an intention to create a
of administration. trusts.
A special power of attorney is a continuing one and Q: Distinguish between Resulting and Constructive
absent a valid revocation duly furnished to the trusts
mortgageee, the same continues to have force and
effect as against third persons who had no knowledge A:
of such lack of authority. A special power of attorney is RESULTING TRUSTS CONSTRUCTIVE TRUSTS
necessary to lease any real property to another person Based on the equitable Created by construction
for more than one year. doctrine that valuable of equity in order to
consideration and not satisfy the demands of
REGISTRATION OF POWER OF ATTORNEY legal title determines the justice and prevent unjust
equitable title or interest enrichment
Any person may, by power of attorney, convey or deal and are presumed always
with registered land and the same shall be registered to have been
with the RD of the province or city, where the land lies. contemplated by the
Any instrument revoking such power of attorney shall parties
be registered in like manner. They arise from the They arise contrary to
nature or circumstances intention against one
TRUST of the consideration who, by fraud, duress or
involved in a transaction absuse of confidence,
Q: What is trust? whereby one person obtains or holds the legal
thereby becomes right to property which
A: It is a fiduciary relationship with respect to property invested with legal title ought not, in equity and
which involves the existence of equiatable duties but is obliged in equity to good conscience to hold.
imposed upon the holder of the title to the property to hold his legal title for
deal with it for the benefit of another. benefit of another
Q: Who is a trustor? LACHES
A: He is the one who establishes a trust Q: What are the essential elements of laches?
Q: Who is a trustee? A:

(1) Conduct on the part of the defendant, or of one to convey the property and the title thereto to the true
under whom he claims, giving rise to the situation owner.
complained of;
(2) Delay in asserting complainant's right after he had Q: Why is repudiation the reckoning point for the
knowledge of the defendant's conduct and after he has prescriptive period to commence to run?
an opportunity to sue;
(3) Lack of knowledge or notice on the part of the A: Because from that moment his possession becomes
odefendant that the complainant would assert the right adverse.
on which he bases his suit; and
(4) Injury or prejudice to the defendant in the event Q: What are the requisites for the prescriptive period
relief is accorded to the complainant. to start?
PARTY ACQUIRING PROPERTY BY MISTAKE A:

CONSIDERED TRUSTEE OF AN IMPLIED TRUST 1. Trustee has performed unequivocal acts of
repudiation amounting to an ouster of the
Q: What is the rule on a party acquiring the property cestui que trust
by mistake? 2. Such positive acts of repudiation have been
made known to the cestui que trust
A: The rule is that the property who acquired property 3. The evidence thereon is clear and conclusive
by mistake or fraud is considered a trustee of an implied
trust. NOTE: Acts which may be adverse to strangers may not
be sufficiently adverse to the cestui que trust. Mere
Q: Can a trust result in favor of a party who is guilty of silent possession of the trustee unaccompanied by act
fraud or violation of public policy? amounting to an ouster of the cestui que trust cannot
be construed as an adverse possession.
A: No. There can be no implied trust where the
purchase is made in violation of an existing statute and Mere reception of rents and profits by the trustee, and
in evasion of its express provision, since no trust can erecting fences and buildings adapted for the
result in favor of the party who is guilty of the fraud. cultivation of the land held in trust, are not equivalent
to unequivocal acts of ouster of the cestui que trust.
Q: What is the particular form required?
The rule that a trustee cannot acquire by prescription
A: It is not necessary that a document expressly states ownership over property entrusted to him until and
and provides for the express trust, for no particular unless he repudiates the trust, applies to:
words are required for the creation of an express trust, a. Express truts
it being sufficient that a trust is clearly intended. b. Resulting implied trusts
Q: What is the effect of repudiation? In constructive implied trusts, the prescription may
supervene even if the trustee does not repudiate the
A: It is only when the trustee repudiates the trust that relationship.
the period of prescription commences to run.
APPOINTMENT OF TRUSTEE
Q: What is the prescriptive period in trusts?
A trustee necessary to carry out into effect the
A: The prescriptive period is 10 years from the provisions of a will or written instrument shall be
repudiation of the trust. appointed by the RTC in which the will was allowed.
Q: What is the rationale behind the 10 years? The executor, administrator or the person appointed as
trustee under the will or written instrument shall file
A: It is 10 years because just as a resulting trust is an the petition for the appointment of a trustee in
offspring of the law, so is the corresponding obligation compliance with the wishes of the testator.

Q: When can there be a “new” trustee? Q: What are the grounds for the issuance of
attachment?
A: When a trustee under a written instrument declines,
resigns, dies or is removed before the objects of the A:
trust are accomplished, and no adequate provision is
made in such instrument for supplying the vacancy, the (a) In an action for the recovery of a specified amount
proper RTC may, after due notice to all persons of money or damages, other than moral and exemplary,
interested, appoint a new trustee to act alone, or jointly on a cause of action arising from law, contract, quasi-
with others, as the case may be contract, delict or quasi-delict against a party who is
about to depart from the Philippines which intent to
Q: What are the powers of new trustee? defraud his creditors;
(b) In an action for money or property embezzled or
A: The new trustee shall have and exercise the same fraudulently misapplied or converted to his own use by
powers, rights and duties as if he had been originally a public officer, or an officer of a corporation, or an
appointed and the trust shall vest in him in like manner attorney, factor, broker agent, or clerk, in the course of
as it had vested or would have vested, in the trustee in his employment as such, or by other person in a
whose place he has substituted. fiduciary capacity, or for a willful violation of duty;
NOTE: If new trustee or regsitered land is appointed by (c) In an action to recover the possession of property
the court, a new certificate may be issued to him upon unjustly or fraudulently taken, detained or converted,
presentation to the RD of a certified copy of the order when the property, or any part thereof, has been
or the judicial appointment and the surrender for concealed, removed, or disposed of to prevent its being
cancellation fo the duplicate certificate. found or taken by the applicant or an authorized
person; (Sec. 1, Rule 57 of Rules of Court)
REGISTRATION OF CLAIM BASED ON IMPLIED TRUST
ADVERSE CLAIM
Q: For the protection of a person claiming an interest
in registered land because of any implied or Q: What is the purpose of adverse claim?
constructive trust, what should the swron statement
(filed with the RD) must contain? A: The purpose of annotating the adverse claim on the
title of the disputed land is to apprise third persons that
A: there is a controversy over the ownership of the land
and to preserve and protect the right of the adverse
1. Description of the land claimant during the pendency of the controversy.
2. Name of the registered owner
3. Reference to the number of a certificate of title It is a notice to 3rd persons that any transaction
regarding the disputed land is subject to the outcome of
INVOLUNTARY DEALINGS the dispute.
Q: What is “attachment”? Q: How is this notice registered?
A: It is the legal process of seizing another’s property in A: By filing a sworn statement with the RD of the
accordance with a writ or judicial order for the purpose province where the property is located, settting forth
of securing satisfaction of a judgment yet to be the basis of the claimed right together with the other
rendered. data pertinent thereto.
Q: What is a writ of attachment? NOTE: The subsequent sale of property covered by a

certificate of title cannot prevail over an adverse claim,
A: It is used primarily to seize the debtor’s property in duly sworn to and annotated on the certificate of title
order to secure the debt or claim of the creditor in the previous to the sale. Thus, one who buys from the
event that a judgment is rendered. registered owner, without checking the vendor’s title, is
bound by the liens and encumbrances annotated
thereon and takes all the risks and losses consequent to sentence following that after the lapse of said period,
such failure. the annotation of adverse claim may be cancelled upon
filing of a verified petition therefor by the party in
REGISTRATION OF ADVERSE CLAIM interest.
A leas over a parcel of land for a 10-year period, which Q: What is the rationale behind the above rule?
could not be registered because the owner’s duplicate
of title was not surrendered, could be registered as an A: If the rationale of the law is for adverse claim to ipso
adverse claim and the owner could be compelled to facto lose force and effect after the lapse of 30 days,
surrender the owner’s duplicate of title so that the then no adverse claim need be cancelled. The law
adverse claim could be annotated thereon. simply means that the cancellation of the adverse claim
is still necessary to render it ineffective, otherwise, the
Q: What if the adverse claim is invalid? inscription will remain annotated and shall continue as
a lien upon the property.
A: The owner could ask for its cancellation and, if found
to be frivolous or vexatious, then costs may be The limitation on the period of effectivity is immaterial
adjudged against the adverse claimant. in determining the validity or invalidity of an adverse
claim which is the principal issue to be decided by the
NOTE: An adverse claim and a notice of lis pendens have court.
the same purpose. But a notice of levy cannot prevail
over the existing adverse claim inscribed in the cert. of The RD cannot unilaterally cancel the adverse claim.
title. There must be a court hearing for the purpose.
Q: Give the requisites of an adverse claim.
A:
1. the adverse claimant must state the following in

writing: COURT MAY COMPEL SURRENDER OF CERT. OF TITLE
a. his alleged right or interest; AS AN INCIDENT IN THE MAIN CASE
b. how and under whom such alleged right or
interest is acquired; The law authorizes the RD to require the registered
c. the description of the land in which the right owner to produce the owner’s duplicate certificate in
or interest is claimed, and order that an attachment or other lien in the nature of
d. the certificate of title number involuntary dealing, like an adverse claim, may be
2. the statement must be signed and sworn to annotated thereon.
before a notary public or other officer authorized to
administer oath; and DISSOLUTION OF ATTACHMENTS OR LIENS AND
3. the claimant should state his residence or the REGISTERED THEREOF
place to which all notices may be served upon him.
Where an attachment or any other lien is maintained,
NOTE: Non-compliance with the above requisites or discharged or dissolved by any method provided by
renders the adverse claim non-registrable and law, the cert. or instrument for the purpose shall be
ineffective. registered to give effect thereof.
ADVERSE CLAIM NOT IPSO FACTO CANCELLED AFTER If the attachment or lien is maintained, discharged or
30 DAYS; HEARING NECESSARY dissolved by order of court, a cert. of the clerk as to the
entry of such order shall also be registered.
While the law states that the adverse claim shall be
effective for a period of 30 days from the date of Q: What is the purpose of registration?
registration, this provision should not be treated
separately, but should be read in relation to the
A: It is to notify 3rd parties who may be affected by their 4. Action for partition
dealings with respect to such property. 5. Any other proceedings of any kind in court
directly affecting the title to the land or the use
Q: Give the incidents on the registered land in the or occupation thereof or the buildings thereon
nature of involuntary dealings which should be
registered to be effective Q: Give the instances when lis pendens is NOT proper?
A: A:
1. Continuance, dissolution, or discharge of 1. Preliminary attachments
attachments 2. Proceedings for the probate of wills
2. Orders or decisions of the court 3. Levies on execution
3. Deed of sale, officer’s return, order of execution 4. Proceedings for administration of estate of
and other instruments deceased persons
5. Proceedings in which the only object is the
Q: Does tax delinquency sale require personal notice recovery of a money judgment.
to the taxpayer?
Q: What are the contents of notice of lis pendens?
A: Yes. The non-fulfillment of which vitiates the sale.
A:
NOTICE OF LIS PENDENS 1. Statement of the institution of an action or
proceeding
The notice is only an incident in the main case; merits 2. The court where the same is pending
thereof unaffected. The notice is only an incdent to the 3. The date of its institution
action, an extrajudicial one. 4. Reference to the number of cert. of title of the
land
The notice need not be annotated on the owner’s copy. 5. An adequate description of the land affected
The annotation of a notice of lis pendens at the back of and its registered owner
the original copy of the cert. of title on file with the RD
is sufficient to constitutte constructive notice to Q: What is the principle of primus tempore, potior
purchasers or other persons subsequently dealing with jure?
the same property. It is not required that said motion
be also inscribed upon the owner’s duplicate copy A: The said doctrine states “first in time, stronger in
because such copy is usually unavailable to the right.” When the thing sold twice is an immovable, the
registrant; it is usually in the hands of adverse party or one who acquires it and first records it in the RD, both
in the hands of a stranger to the suit. made in good faith, shall be deemed the owner.
The notice of lis pendens is an involuntary transaction CANCELLATION OF LIS PENDENS

and its entry in the day book of the RD is a sufficient
notice to 3rd parties. Q: May the a notice of lis pendens filed with the court
be cancelled?
One who deals with property subject of a notice of lis
pendens cannot invoke the right of a purchaser in good A: Ordinarily, no while the action is pending and
faith—neither can he acquire better rights than those of undetermined except in cases expressly provided for by
his predecessor-in-interest. statute. The exception to this is when it has been held
that a court has the inherent power in the absence of
Q: Give the instances when lis pendens is proper? statute to cancel a lis pendens in a proper case.
A: REGISTRAITON OF JUDGMENT
1. Action to recover possession of real estate A judgment for the plaintiff in an action for recovery of
2. Action to quiet title thereto possesession or ownership affecting registered land
3. Action to remove clouds thereon shall be entitled to registration upon presentation of a
certificate of entry from the clerk of court to the RD
who shall enter a memorandum upon the cert. of title Q: What is Partition?
covering the land subject of the action.
A: It is the separation, division, and assignment of a
REGISTRATION OF JUDGMENT ADJUDICATING thing held in common among those to whom it may
OWNERSHIP belong. Both real and personal properties may be the
object of partition.
When in any action for recovery of possession judgment
has been entered for the plaintiff, the judgment shall in NOTE: Every act which is intended to put an end to
like manner be registered and the adjudicate shall be indivision among co-heirs and legatees or devisees is
entitled to the issuance of a new certificate of title upon deemed to be a partition, although it should purport to
cancellation of the title of the preceding owner. be a sale, an exchange, a compromise, or any other
transaction.
Q: What is the effect if the owner neglects or refuses
to produce his owner’s duplicate certificate for Also, in the partition of the estate, equality shall be
cancellation by the RD? observed as far as possible, dividing the property into
lots, or assigning to each of the co-heirs things of the
A: In such case, the Court shall, on application and same nature, quality and kind.
notice, enter an order to the owner to produce said
duplicate at the time and place designated and may The titles of acquisition or ownership of each property
enforce the order by suitable process. shall be delivered to the co-heir to whom said property
has been adjudicated.
EXECUTION OF DEED PURSUANT TO A JUDGMENT
JUDICIAL PARTITION
Q: In case where judgment is rendered affecting
registered property or any interest therein, what shall Q: What does an action for partition of real property
the Court do? suggests?
A: It shall direct the parties to execute the requisite A: It is a judicial controversy between persons who,
deed as may be necessary to give effect to the being co-owners or co-partners thereof, seek to secure
judgment for registration. It shall also direct the a division or partition among them of the common
registered owner to surrender his owner’s duplicate property, giving to each one the part corresponding to
certificate of title for cancellation or entry of the him.
appropriate memorandum thereon.
Q: May the parties agree to make among themselves
Q: What if the person required to execute the deed or the partition?
instrument is absent from the Philippines, or is a minor
or insane, or is not amenable to the process of the A: Yes, by proper instruments of conveyance, and the
Court? court shall confirm the partition so agreed upon by all
the parties, and such partition, together with the order
A: In such case, the Court may appoint a suitable person of the court confirming the same shall be recorded in
as trustee to execute such deed or instrument which the RD of the place in which the property is situated.
shall be entitled to registration.
EXTRAJUDICIAL PARTITION BETWEEN HEIRS
Q: What is the purpose of recording the proper deed
or instrument? Q: When may the heirs divide the estate among
themselves?
A: It is designed to prevent frauds and permit the public
to act with the presumption that the recorded deed or A: If the decedent left no will and no debts and the heirs
instrument exists and is genuine. are all of age, or the minors are represented by their
juridical or legal representatives duly authorized for the
JUDGMENT OF PARTITION purpose, the parties may without securing letters of
administration, divide the estate among themselves as A: It is only applicable to executory and not to
they see fit by means of public instrument filed in the completed or executed contracts, and that performance
office of the RD, and should they disagree, they may do of the contract takes it out of the operation of the
so in an ordinary action for partition. Statute of Frauds; and on the grounds of equity where
no rights of creditors are involved, it is competent for
If there is only one heir, he may adjudicate to himself the heirs of an estate to enter into an oral agreement
the entire estate by means of an affidavit filed in the for distribution of the estate among themselves.
office of the RD.
Q: The general rule is that an action for partition is
NOTE: There should be a bond with the said RD, in an inprescriptible, what is the exception?
amount equivalent to the value of the personal
property involved as certified to under oath by the A: When one of the co-owners has possessed the
parties concerned and conditioned upon payment of property as exclusive owner, under adverse title, and
any just claim that may be filed. for a period sufficient to acquire it by prescription.
The fact of extra-judicial settlement or administration PARTIES IN AN ACTION FOR PARTITION

shall be published in a newspaper of general circulation
in the manner provided by the rules; but no Q: Who are the parties in an action for partition?
extrajudicial settlement shall be binding upon any
person who has not participated therein or had no A: All persons interested in the property shall be joined
notice thereof. as defendants:
1. Co-heirs
ORAL PARTITION 2. Persons having interest in the property
In provinces, especially in barrios, when a person dies Q: What are the stages in partition?
leaving small parcels of land not included in the Torrens
System of registration, the heirs merely come together, A:
make a list of the properties included in the estate, pay-
off small debts and sums advanced by some of the 1. Concerned with the determination of whether
heirs, specially for expenses incurred during the last or not a co-ownership in fact exists and a
illness of the decedent and for his funeral. Accordingly, partition is proper; and
in Barcelona v. Barcelona (1956), this practice has been 2. Commences when the parties are unable to
found not only convenient and inexpensive but also agree upon the partition ordered by the court.
advisable and is accepted by the people, the Court find
no good reason to disturb such practice. END
Now, when valuable properties, especially those

covered by cert. of title, are involved in the partition,
perhaps strict compliance with the law may be
advisable and even necessary.
Q: It is said that the Statute of Frauds is inapplicable in

the partition among the heirs or renunciation of an
inheritance. What is the reason for this?
A: Because it does not involve transfer of property from

one to another, but rather a confirmation or ratification
of title or right of property by the renouncing in favor of
another heir accepting and receiving the inheritance.
Q: When is Statute of Frauds applicable?


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NOTES ON LAW ON LAND TITLES AND DEEDS

Kenneth & King Hizon (2A)- UST Faculty of Civil Law

UNIVERSITY OF SANTO TOMAS

LAW ON LAND, TITLES AND DEEDS

conditions as may be provided by law. In cases of water rights for irrigation,

Personal notice to all claimants of the res is not

The decisions of the first level courts shall be appealable HELD:

JURISDICTION IN CIVIL CASES INVOLVING TITLE TO LAND REGISTRATION AUTHORITY (LRA)

A: A. LAND MUST ALREADY BE A AND D AT THE TIME OF

1. ORDINARY ACQUISITIVE PRESCRIPTION. A person

A: In contrast to the rule on accretion, alluvial formation

Q: What is a corporation sole? a. By judicial legalization; or

1. New Trial or Reconsideration (Rule 37 of the A. MOTION FOR NEW TRIAL

It is some unintentional act, omission, or error arising

A: It shall be taken within 15days from notice of the

Q: What are the different modes of appeal? Review of decree of Registration

A: 1. Under the Torrens System, becomes

The proceedings whereby title is obtained are directed CRUZ V.NAVARRO

Facultad de Derecho Civil 19

“Prior tempore, potir jure” or “he who first in time is

Nature and purpose of an action for reconveyance RELEVANT ALLEGATIONS

Q: Where to file action? 1. Conduct on the part of the defendant, or of one

A: When there is community of interest or privity of TRUST

A: When there is a cloud in title to real property or any

a. Sec. 118 of CA No. 141- no alienation, transfer, or CANCELLATION OF TITLE

Facultad de Derecho Civil 27

What is prohibited is: Publication is one of the essential bases of jurisdiction

Facultad de Derecho Civil 31

Facultad de Derecho Civil 35

EFFECT OF NOTICE OF LIS PENDENS Superior lien in favor of government

A: If a person, during the pendency of the registration PUBLIC HIGHWAY

REGISTERED LAND CANNOT BE ACQUIRED BY Q: What is laches?

Facultad de Derecho Civil 40

DE LA CALZADA-CIERRAS V. COURT OF APPEALS LEYSON V. BONTUYAN

The principle of laches is a creation of equity. It is Like a third-party complaint, a counterclaim is

CERTIFICATE NOT SUBJECT TO COLLATERAL ATTACK MAGAY V. ESTIANDAN

Facultad de Derecho Civil 41

A: No. A: It is the act of registration which creates a

2. IMMOVABLE Q: Explain the so-called “Rule of Notice.”

Facultad de Derecho Civil 45

A: No. It is basic that a person dealing with registered VOLUNTARY INVOLUNTARY

NOTE: Art. 2127 of the Civil Code provides that the A:

A: The mortgagee may:

EQUITY OF REDEMPTION v. RIGHT OF REDEMPTION PROCEDURE IN CASE OF EXTRA-JUDICIAL

EQUITY OF RIGHT OF REDEMPTION a. If the mortgagor fails to redeem, his certificate

Q: To whom the right of redemption is granted? Q: What is the period of redemption?

A: A: The one year period of redemption should be

Facultad de Derecho Civil 54

A: 1. In a land registration proceeding, a proceeding

Q: What is the rule when a 3rd party is in possession or

A: Q: Why is the rule as such?

Q: Who is a trustor? LACHES

Facultad de Derecho Civil 56

PARTY ACQUIRING PROPERTY BY MISTAKE A:

Facultad de Derecho Civil 57

Q: What is “attachment”? Q: How is this notice registered?

Q: What is a writ of attachment? NOTE: The subsequent sale of property covered by a

Q: Give the requisites of an adverse claim.

1. the adverse claimant must state the following in

The notice of lis pendens is an involuntary transaction CANCELLATION OF LIS PENDENS

The fact of extra-judicial settlement or administration PARTIES IN AN ACTION FOR PARTITION

Now, when valuable properties, especially those

Q: It is said that the Statute of Frauds is inapplicable in