INTRODUCTION

Various forms of Royal Concession:

 Titulo Real or Royal Grant

 Concession Especial or Special Grant
 Composicion con el estado or Adjustment title
 Tituttlo de Copra or Title by purchase
 Informacionn Posesoria or Possessory Information Title

Laws affecting TITLES and DEEDS:

 Spanish laws: Law of Indies, Ley Hipotecaria or Spanish Mortgage Law, Royal Decree
of 1894 or Maura Law
 Public Land Act no. 141 (as amended) Approved on November 7,1936 and took
effect December 1,1936.

Laws affecting Registration of TITLES to Land.

 Land Registration Act no. 496, it took effect on January 1,1903

 Torrens System was established
 The government is required to issue an official certificate of title attesting to the
fact that the person named in the certificate of title is the owner of the property.
 It created “Court of Land Registration” which had exclusive jurisdiction over all
applications for registration.
 Provides for an Assurance Fund
 Cadastral Act no. 2259, it took effect on February 11, 1913
 The initiative to settle and adjudicate the land comes from the government.
 Property Registration Decree, PD. NO. 1529. It took effect on June 11, 1978.

REGALIAN DOCTRINE

 All lands belong to the State.

Exception:

o Properties of the CHURCH or ECCLESIASTICAL properties.

o Lands that had been in the possession of the claimant or his predecessor-in-interest
since time immemorial or lands covered by INDIGENOUS PEOPLE RIGHT ACT of 1997
or RA NO. 8371.

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Article XII Section 2 of 1987 Constitution:

 “All lands of the public domain, waters, minerals, coal, petroleum, and other mineral
oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna,
and other natural resources are owned by the State. With the exception of agricultural
lands, all other natural resources shall not be alienated.”

POSITIVE ACT OF THE GOVERNMENT to prove that the land subject of an

application for registration is alienable:

 Presidential Proclamation or Executive Order

 Administrative Order
 Investigation Reports of Bureau of Land Investigators
 Legislative act or Statute

Kinds or Registration

 Judicial
 Court – Decree of Registration = Original Certificate of Title (LRA/RD)
 Administrative
 DENR- Patent – Original Certificate of Title (LRA/RD)

Two kinds of Judicial Proceeding

o Original – The person claiming the ownership initiates the filling of the application
o Cadastral- The government is the one who initiates the filling of the application.

Characteristics of Original Certificate of Title

 Indefeasible
 Imprescriptible

Presidential Decree No. 1529

SECTION 1: This decree shall be known as the Property Registration Decree

SECTION 2: Nature of Registration Proceedings, Jurisdiction of Courts

JUDICIAL PROCEEDING:

 Must be published or in rem

 Must be based on the generally accepted principles underlying the Torrens
System

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RTC or Court of First Instance: Must have jurisdiction in all applications, improvements
and interests.

CLERK OF COURT: Must furnish 2 copies of all the pleadings, exhibits, orders and decisions to
the Land Registration Commission within 5 days.

Except: Stenographic notes

Instance where MTC, MunTc, MCTC has jurisdiction over the petition after
application:

 Where the lot sought to be registered is not the subject of the controversy or
opposition
 Where the lot is contested but the value thereof does not exceed 100,000. The value
shall be determined by the affidavit of the claimant or by the agreement of the
claimants or form tax declaration of the real property.

(It is not necessary that both instances must be present)

NOTE:

 It is the title to the land or deed affecting the land and not the land itself that is being
registered.
 The sale must be in writing. If verbal, the court must issue a decision confirming the
existence of the verbal agreement.
 Registration is not a mode of acquiring ownership.
 Certificate of Title merely confirms the existing title of ownership.

SECTION 3: System of Registration

 System of recording unregistered lands under section 113 of this decree.

 Torrens System

Presidential Decree No. 892

 “The system under SPANISH MORTGAGE LAW was abolished and all holders of
Spanish titles or grants should register the same under Land Registration Act no. 496
within 6 months from February 16, 1976.”

NOTE:

 Instruments affecting lands originally registered under the SPANISH MORTGAGE

LAW may be recorded under Section 113 of this decree, until the land is brought
under the operation of the Torrens System.

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Section 113 provides:

 “No deed, conveyance, mortgage, lease, or other voluntary instrument affecting land
not registered under the Torrens System shall be valid, except as between the parties
thereto, unless such instrument shall have been recorded in the manner herein
prescribed in the office of the Register of Deeds for the province or city where the
land lies.”

ACT NO. 3344

 “The unregistered land is recorded in the Primary Entry Book and Registration Book,
It becomes valid even in so far as the third person is concerned but without prejudice
to a third party with a better right.”

SECTION 4: Land Registration Commission is now renamed Land Registration

Authority under the supervision of the Department of Justice.

SECTION 5: Officials and Employees of the Commission:

 Chief (Commissioner) and Assistant Chief (Deputy Commissioner)

 Must be assisted by such number of Division Chiefs, the Special Assistant and Chief
Geodetic Engineer
 Appointed by the PRESIDENT

QUALIFICATIONS OF COMMISSIONER

 Must be a duly qualified member of the Philippine Bar with at least 10 years of
practice in the legal profession
 Shall have the same rank, compensation and privileges as those of a judge of Court of
First Instance.

QUALIFICATIONS OF DEPUTY COMMISSIONER

 Must be a duly qualified member of the Philippine Bar with at least 10 years of
practice in the legal profession
 Shall have the same rank, compensation and privileges as those of a judge of Court of
First Instance.

However, he must receive 3k per annum less than that of the Commissioner.

NOTE:

 During the absence of the Commissioner, the DEPUTY shall act as the commissioner of
Regulation.

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  All employees except Register of Deeds are appointed by the Secretary of Justice upon
recommendation of the Commissioner of Land Registration
 All other officials and employees of the Land Registration Commission including those
of Register of Deeds whose salaries are not provided, shall receive corresponding to the
minimum of their respective upgraded ranges as provided under par. 3.1 of Budget
Circular No. 273.

SECTION 6: GENERAL FUNCTIONS

 Commissioner of Land Registration

 Issue decrees of registration pursuant to final judgments of the courts in land
registration proceedings and cause the issuance by the Registers of Deeds of the
Corresponding certificates of titles.
 Exercise supervision and control over all Registers of Deeds and other personnel of
the Commission
 Resolve cases elevated en consulta by, or on appeal form decision of, Register of
Deeds
 Exercise executive supervision over all clerks of court and personnel of the Courts of
First Instance throughout the Philippines with respect to the discharge of their
duties and function in relation to the registration of lands.
 Implement all orders, decisions and decrees promulgated relative to the registration
lands and issue, subject to the approval of the Secretary of Justice, all needful rules
and regulations therefor,
 Verify and approved subdivision, consolidation, and consolidation- subdivision
survey plans of properties titled under Act No. 496 except those covered by PD NO.
957.
 Land Registration Commission
 Extend speedy and effective assistance to the Department of Agrarian Reform, the
Land Bank, and other agencies in the implementation of the land reform program of
the government.
 Extend assistance to courts in ordinary and cadastral land registration proceedings
 Be the CENTRAL repository of records relative to original registration of lands titled
under the Torrens System, including subdivision and consolidation plans of titled
lands.

SECTION 7: Office of the Register of Deeds

 One Register of Deeds for each province and city

 Every registry with a yearly average collection of more than 60k for last 3 years
shall have one DEPUTY

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  Every Registry with a yearly average collection of more than 300k during last 3
years must have ONE DEPUTY Register Of Deeds and one SECOND DEPUTY
Register of Deeds.

NOTE:

 The province or city shall furnish a suitable space or building for the office of the
register of deeds until such time as the same could be furnished out of national
funds.
 If the Land is located in the town or barangay and there is no Register of deeds in
the said place, the registration shall be made in the Register of Deeds of the province
where the land is located.

SECRETARY OF JUSTICE

 He shall define the office station and territorial jurisdiction of each Registry upon the
recommendation of the COMMISSIONER OF LAND REGISTRAION, with the end in view
of making every registry easily accessible to the people of the neighboring
municipalities. (Section 7, PD no. 1529)
 Upon recommendation of the COMMISSIONER OF LAND REGISTRATION shall cause
the reclassification of Registries based either on work load or the class or province or
city, whichever will result in a higher classification , for purposes of salary adjustments
in accordance with the rates hereinabove provided. (Section 8, PD 1529)
 He may, in his discretion, in case of absence, disability or suspension of the Register of
Deeds without pay, or in case of vacancy in the position authorize the payment of an
additional compensation to the official acting as Register of Deeds, such additional
compensation together with his actual salary not to exceed the salary authorized for
the position thus filled by him. (Section11 (2), PD NO. 1529)

SECTION 8: Appointment of Register of Deeds and their deputies and other

subordinate personnel; Salaries

 REGISTER OF DEEDS
 Appointed by the President upon recommendation of the Secretary of Justice
 He must be admitted to the practice of law in the Philippines and shall have been
employed for a like period in any branch of government the functions of which include
the registration of property.
FUNCTION:
o Constitutes a PUBLIC repository of records of instruments affecting registered
or unregistered lands and chattel mortgage in the province or city wherein
such office is situated.

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 o Immediately register an instrument presented for registration dealing with
real or personal property which complies with all the requisites for
registration.
o He shall see to it that said instrument bears the proper documentary and
science stamps and that the same are properly cancelled.

Note:

 Where the instrument is denied for registration: under Section 117 of PD NO. 1529 :
o the Register of Deeds shall notify the interested party in writing, setting forth the
defects of the instrument or legal grounds relied upon
o Advise him that if he is not agreeable to such ruling, he may, without withdrawing the
documents from the Registry, elevate the matter by consulta within five days from
receipt of notice of the denial of registration to the Commissioner of Land Registration.


DEPUTY REGISTERS OF DEEDS and all other SUBORDINATE
PERSONNEL OF REGISTRIES OF DEEDS
 Must be appointed by the SECRETARY of JUSTICE upon recommendation of the
Commissioner of Land Registration.
 The Deputy must be a member of the Philippine Bar.

REGISTRATION is a MINISTERIAL ACT on the part of the REGISTER OF DEEDS.

Registration must be first allowed, and the validity or effect thereof may be litigated
afterwards. However, there are some instances wherein registration may be denied by
the Register of Deeds. There are as follows:

 In voluntary dealing, the owner’s certificate of title was not submitted.

 When the subject is a conjugal property and the deed of conveyance was signed by only
one spouse.

In cases where the character of the land and the validity of the conveyance are in issue, the
rights may be protected by the proper notice of LIS PENDENS.

SECTION 11. DISCHARGE OF DUTIES F REGISTER OF DEEDS in cases of

VACANCIES

Until a regular Register of Deeds shall have been appointed for a province or city, or in case of
vacancy in the office, or upon the occasion of the absence, illness, suspension, or inability of
the Register of Deeds to discharge his duties, said duties shall be performed by the following
officials, in the order in which they are mentioned below, unless the Secretary of Justice
designates another official to act temporarily in his place:

For the province or city where there is a Deputy Register of Deeds, by said Deputy Register of
Deeds, or by the second Deputy Register of Deeds, should there be one;

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For the province or city where there is no Deputy or second Deputy Register of Deeds, by the
Provincial or City Fiscal, or any Assistant Fiscal designated by the Provincial or City Fiscal

In case of a newly-created province or city and pending establishment of a Registry of Deeds

and the appointment of a regular Register of Deeds for the new province or city, the Register
of Deeds of the mother province or city shall be the ex-officio Register of Deeds for said
new province or city.

SECTION 12: Owner’s Index; Report.

Index system in every Registry

 Names of all registered owners alphabetically.

 An Index Card which shall be prepared in the name of each registered owner which
shall contain a list of all lands registered in his name.

 Reports

 The Register of Deeds shall submit to the Land Registration Commission within ten
days after the month to which they pertain his monthly reports on collections and
accomplishments.
 He shall also submit to the Commission at the end of December of each year, an annual
inventory of all titles and instruments in his Registry.

Section 112 of PD NO. 1529

 The Commissioner of Land Registration shall prepare convenient blank forms

as may be necessary to help facilitate the proceedings in land registration and
shall take charge of the printing of land title forms.
 Deeds, conveyances, encumbrances, discharges, powers of attorney and
other voluntary instruments, whether affecting registered or unregistered
land, executed in accordance with law in the form of public instruments shall be
registerable:

 Provided, that, every such instrument shall be signed by the person or persons
executing the same in the presence of at least two witnesses who shall likewise
sign thereon, and shall acknowledged to be the free act and deed of the person
or persons executing the same before a notary public or other public officer
authorized by law to take acknowledgment. Where the instrument so
acknowledged consists of two or more pages including the page whereon
acknowledgment is written, each page of the copy which is to be registered in the
office of the Register of Deeds, or if registration is not contemplated, each page of the
copy to be kept by the notary public, except the page where the signatures already
appear at the foot of the instrument, shall be signed on the left margin thereof
by the person or persons executing the instrument and their witnesses, and all

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 the ages sealed with the notarial seal, and this fact as well as the number of
pages shall be stated in the acknowledgment. Where the instrument acknowledged
relates to a sale, transfer, mortgage or encumbrance of two or more parcels of land,
the number thereof shall likewise be set forth in said acknowledgment.

SECTION 13: Chief Geodetic Engineer

 The technical adviser of the Commission on all matters involving surveys and shall
be responsible to him for all plats, plans and works requiring the services of a
geodetic engineer in said office.
 He shall perform such other functions as may, from time to time, be assigned to him
by the Commissioner.

CHAPTER III

(SYNOPSIS)

Registration of Title

 Original – registered for the first time and is issued Original Certificate of Title.
 Subsequent- Transfer ownership and is issued pursuant to subsequent
registration is TRANSFER CERTIFICATE OF TITLE.

Perfected Title – the incomplete and imperfect title is judicially confirmed with the
issuance of the Original Certificate of Title.

Public Land Act NO. 141 Section 48

 “The following described citizens of the Philippines, occupying lands of the public
domain claiming to own any such lands or an interest therein, but whose titles have
not been perfected or completed, may apply to the Court of First Instance of the
province where the land is located for confirmation of their claims and the issuance of
a certificate of title therefor.”

Public Land Act No. 141 Section 48 (b)

 The right of ownership of the person by virtue of open, continuous, exclusive, notorious
possession and occupation of agricultural land by himself or by his predecessor-in-
interest.

PD NO. 1529 SECTION 14 (1)

 Refers to open, continuous, exclusive, notorious possession and occupation of alienable

and disposable land of the public domain under the bona fide claim of ownership since
June 12,1945 or earlier.

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Note: The possession and occupation since June 12, 1945 or earlier automatically convert the
land into private lands.

Alienable and Disposable land

 Refers to the classification of the land which signifies that the state is ready to release
said land to qualified persons.

Grounds as basis for ORIGINAL REGISTRATION:

 Imperfect or Incomplete Title (PD NO. 1529, 14(1) )

 Prescription (PD. NO. 1529, 14 (2) )
 Accretion or Abandoned river bed (PD. NO. 1529, 14 (3) )
 Other modes of Acquiring ownership (PD. NO. 1529, 14 (4)

RA. NO. 1942 or PD NO. 1529, 14(2)

 The right of ownership of the person by virtue of open, continuous, exclusive, notorious
possession and occupation of agricultural land by himself or by his predecessor-in-
interest for at least 30 years.

The land must be declared first as a PATRIMONIAL LAND before the period of
prescription must start to run. The alienable and disposable land will convert into a
private land by virtue of prescription. And this rule is governed by the CIVIL CODE.

Two types of Acquisitive Prescription

 Ordinary – 10 years

NOTE: This requires the possession of things in good faith and with just title for the time
fixed by law. There is good faith on the part of the possessor if he has reasonable belief that
the person from whom he receive the thing or property was the owner and could not transmit
ownership.

 Extraordinary- 30 years

Note: It does not matter if there is no GOOD FAITH.

Article 1129 of Civil Code of the Phiilippines

 For the purposes of prescription, there is JUST TITLE when the adverse claimant came
into possession of the property through one of the modes recognized by law for the
acquisition of ownership or other real rights, but the grantor was not the owner or
could not transmit any right.”

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PATRIMONIAL PROPERTY OF THE STATE

 There must be an express declaration from the government that the land is no longer
needed for public use, service or it is not needed for the development of national
wealth.

Lands of Public Domain, Article 12 section 3 of 1987 Consitution

 Agricultural Land
 Forest or Timber Land
 Mineral Land
 National Land

Authority to classify public lands rests on the EXECUTIVE DEPARTMENT.

STEPS LEADING TO THE JUDICIAL REGISTRATION OF TITLE TO LAND ARE THE

FOLLOWING:

 Survey of the Land

Note: It must be done by the Survevor of the Land Management Bureau or a duly
licensed private survevor approved by the Director or Lands.

 Filling of the Application

 Setting of the date of the initial hearing of the application by the Court
 Transmittal or the application and order setting the date of the initial hearing with all
the documents attached thereto by the Clerk of Court to LRA.
 Publication of the notice of the Initial hearing
 Opposition
 Judgment
 Issuance of the court order for LRA to issue the Decree of Registration and the
corresponding certificate of title and the transmittal of the documents to LRA.
 Issuance of the decree of Registration
 Entry of the decree of registration in the registration book of LRA
 Issuance of the original certificate of title
 Sending of the owner’s certificate of title to the respective Register of Deeds
 Entry of the owner’s certificate of title in the registration book of the respective
register of deeds and delivering of the same to the owner.

NOTE: The original tracing cloth plan from the Bureau of Lands is the best evidence to
identify a piece of land for registration purposes. Then, the Tax Receipt and Tax
Declaration may be used as evidence to show actual or constructive possession.

APPLICATION:

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WHO MAY APPLY:

 Those who by themselves or through by their predecessor-in-interest have been in

open, continuous, exclusive, notorious possession and occupation of alienable and
disposable land of the public domain under the bona fide claim of ownership since June
12,1945 or earlier.

NOTE: There must be privity of relationship between the predecessor-in-interest and the
applicant.

 Those who have acquired ownership of private lands by PRESCRIPTION under he

provision of the existing laws.
 Those who have acquired ownership of private lands or abandoned river beds by right
of ACCESSION or ACCRETION under the existing laws.
 Those who have acquired ownership of the land in any other manner provided by law.

The applicant must be a natural person and not a juridical person.

Article 12, Section 3 of 1987 Constitution

 Private corporations or associations may not hold such alienable lands of the public
domain except by lease, for a period not exceeding twenty-five years, renewable for
not more than twenty-five years, and not to exceed one thousand hectares in area.
Citizens of the Philippines may lease not more than five hundred hectares, or
acquire not more than twelve hectares thereof, by purchase, homestead, or grant.

Public Land Act No. 496 section 47

 The period to file an application for registration must not extend beyond December
31,2020.

Requisites to Avail of the confirmation of Imperfect or incomplete titles:

 The applicant must be a Filipino citizen

 The subject property is alienable and disposable land of public domain
 The applicants by themselves or through their predecessor-in-interest have been in
open, continuous, exclusive and notorious possession and occupation, and that such
possession is under bona fide claim of ownership since June 12, 1945 or earlier
 The application must be filed with the proper court.

WHO ARE FILIPINO CITIZENS?

 Those who are citizens of the Philippines at the time of the adoption of this
Constitution
 Those whose fathers or mothers are citizens of the Philippines

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  Those born before January 17, 1973, of Filipino mothers, who elect Philippines
citizenship upon reaching the age of majority
 Those who are naturalized in accordance with law.

QUALIFIED to apply for registration of title to LAND:

 Mentioned in Section 14 of PD NO. 1529

 Mentioned in RA. NO. 1942 which took effect in 1957.
 Filipino citizen who own the unregistered land by virtue of voluntary and involuntary
dealings from persons who have acquired title to said lands.
 Private Filipino Corporation or association which had acquired lands from the
qualified person who have complied with the required possession that would entitle
him to a grant.
 Fully owned government corporation like Public Estate Authority.
 Foreigners who acquired lands in the Philippines through Intestate succession.
 Foreigner who is a former Filipino Citizen who acquired land by purchase from a
qualified Filipino citizen when said foreigner was still a citizen of the Philippines.
 Natural born citizens who have lost their Philippine citizenship may acquire land.
 Filipinos with dual citizenship per DENR Adm Order No. 2010-12 as provided for in RA.
NO. 9225.
 A minor, even less than 18 years old may acquire real property rights by succession or
by implied trust as provided in Article 1448 of the New Civil Code.
 Members of Cultural minority under CA NO. 141, Section 48 © and Indigenous People
under IPRA based on possession since time immemorial.

NOTE:

 Natural born citizen who has lost his Philippines citizenship and who has the legal
capacity to enter into a contract under Philippine Law may be a transferee of private
land. (RA. NO. 7042,SECTION 10)
 He can acquire urban or rural, not both.
 Urban- half hectares
 Rural- 3 hectares.
 Shall not exceed two lots, the total value of the land must be equivalent to the area
prescribed by law.

Registration to transfer:

Aside from the usual registration requirements, the transferee shall submit to the
Registry of Deeds of the province or city where the land is situated in the following:

 A certificate of business issued by the Bureau of Trade Regulation and Consumer

Protection of the Department of Trade and industry.
 A sworn statement showing that the date and place of his birth; the names and
addresses of his parents, of his spouse and children, if any the date he lost his
Philippine citizenship and the country of which he is presently a citizen, the area,
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 location, mode of acquisition of his landholdings in the Philippines, if any, and the
nature thereof whether urban or rural; and his declration to use the land for
business purpose.
 A certification from the assessor of the municipality or province where the property
is situated that the land subject of the transfer is located in an urban or rural.

RA NO. 665

The transferee shall acquire landholding not exceeding 5 hectares.

WHO CAN ACQUIRE PRIVATE LANDS?

 Filipino Citizens
 Filipino Corporations and Associations defined in Section 2, of Article 12 of
Constitution
 Aliens only by hereditary succession.
 A natural born citizen of the Philippines who has lost his citizenship under the terms
of Section 8.

Alienable and Disposable Lands are further classified under Section 9, CA NO.
141 for the purpose of their administrative and disposition as follows:

 Residential, Industrial, Commercial

 Educational, charitable, other similar purposes
 Agricultural
 Reservations for town-sites and for public quasi public-uses.

PD. NO. 1529, 14 (3) Those who have acquired ownership of private lands or
abandoned river beds by right of Accession or Accretion.

Art. 461. River beds which are abandoned through the natural change in the course of the
waters ipso facto belong to the owners whose lands are occupied by the new course in
proportion to the area lost. However, the owners of the lands adjoining the old bed shall have
the right to acquire the same by paying the value thereof, which value shall not exceed the
value of the area occupied by the new bed

Art. 462. Whenever a river, changing its course by natural causes, opens a new bed through a
private estate, this bed shall become of public dominion.

Ownership of Accretion in river banks

Art. 457. To the owners of lands adjoining the bank of rivers belongs the accretion which they
gradually receive from the effects of the current of the waters.

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NOTE:

 The accretion caused by creeks, streams, rivers and lakes belongs to the riparian
owner. Provided, that it is not due to man’s intervention. However, if the Island is
formed on lakes and on navigable rivers, it belongs to the State.
 The abandoned river beds may be acquired also by other persons through
prescription. The prescription involving accretion and abandoned river beds starts to
run from the time of an adverse possession and occupation.
 Accretion caused by sea is part of the public domain and therefore not subject to
adverse possession.

REGISTRATION FOR ACCRETION:

 The deposit must be gradual and imperceptible

 That it is due to the current of the water
 That the land where accretion takes place is adjacent to the banks rivers.

PD. NO 1529, 14(4) Those who have acquired ownership of this land in any other
manner provided by law.

 It refers only to title to land derives from executive act in the form of grants,
reservations and executive proclamations or statute.

NOTE:

“Where the land is owned in common, all the co-owners shall file the application
jointly.”

Article 484, of the New Civil code - There is co-ownership whenever the ownership of an
undivided thing or right belongs to different persons. However,

Art. 494. No co-owner shall be obliged to remain in the co-ownership. Each co-owner may
demand at any time the partition of the thing owned in common, insofar as his share is
concerned. Nevertheless, an agreement to keep the thing undivided for a certain period of
time, not exceeding ten years, shall be valid. This term may be extended by a new
agreement. A donor or testator may prohibit partition for a period which shall not exceed
twenty years. Neither shall there be any partition when it is prohibited by law. No
prescription shall run in favor of a co-owner or co-heir against his co-owners or co-heirs so
long as he expressly or impliedly recognizes the co-ownership.

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WHAT AND WHERE TO FILE?

 It shall be filed in the proper Regional Trial Court in the Province or City the land is
situated.
 Together with the application, all original muniments of titles or copies thereof
 Survey Plan approved by the Bureau of Land (now, Land Management Bureau, PD
NO. 239, July 9,1973). The Bureau of Lands had been abolished by EO. NO. 131 and
the functions are absolved by the Lands Management Bureau.
 The tracing cloth plan.

NOTICE OF INITIAL HEARING, PUBLICATION

 The court shall issue an order setting the date of the initial hearing within five days
from the filling of the application. It shall not be earlier than 45 days not later
than 90 days from the date of the order.
 The public shall be given notice of the initial hearing of the application for land
registration by means of
 PUBLICATION

It shall be published in the official gazette and in a general circulation of a newspaper in the
Philippines.

 MAILING

Within 7 days after publication the LRA shall cause the mailing of the copy of notice to: Every
person named in the notice of the initial hearing. To government officials concerned, such as
Secretary of Public Works and Highways, Provincial Governor and Mayor of the Municipality
or City where the land lies in those cases where the applicants request to have the line of a
public way or road determined. Secretary of DAR, Solicitor General, Land Management
Bureau, Director of Public Works, Director and Forest Development, Director of Mines,
Director of Fisheries and Aquatic Resources, if subject land borders on a river, harbor line has
been established, or on a lake or if it appears that a tenant-farmer or the national
Government may have an adverse claim. Such person as directed by the Court.

 POSTING

At least 14 days before the date of the Initial Hearing, the LRA shall cause the attested copy
of the initial hearing to be posted by the sheriff of the province or city or by his deputy, in:

o A conspicuous place on each parcel of land included in the application.

o A conspicuous place on a bulletin board of the municipal building of the municipality
or city where the land or portion of which is situated.

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Proof of Publication and Notice

 Copy of the Official Gazette containing notice of the Initial Hearing.

 Affidavit of publication executed by the editor of the official gazette.
 Copy of the newspaper of general circulation containing the notice of the initial
hearing.
 Affidavit of publication of the editor of the newspaper
 Certification of the LRA administrator that notice of initial hearing has been published
and mailed to persons concerned.
 Certificate of the sheriff that the notice of initial hearing was posted.

OPPOSITION

WHO MY FILE AN OPPOSITION?

o An opposition to the application may be done by any person claiming an interest
whether named in the notice or not, on or before the date of the initial hearing.

FORM AND CONTENTS OF AN OPPOSITION

 The oppositor must have an interest in the land being applied for.
 The oppositor must state the nature of his claimed interest, grounds and relief.
 The oppositor must be signed and sworn to by the oppositor or his duly authorized
representative.

Those who failed to oppose on or before the hearing cannot claim damages or error of the
judgment later.

ORDER OF DEFAULT

WHEN TO ISSUE ORDER OF DEFAULT?

 If no person appears and answers within the time allowed, the court shall, upon
motion of the applicant, order default to be entered and require the applicant to
present evidence.

EFFECTS: No person can legally intervene as successor-in-interest and oppositor to the

application for registration unless he files a motion to lift the order of general default before
final judgment and the same is lifted.

WHEN TO ISSUE ORDER OF SPECIAL DEFAULT?

 This is directed only against those who did not enter their appearance and file their
answer.

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CONDOMINIUM ACT RA. NO. 4726

Sec. 2. A condominium is an interest in real property consisting of separate interest in a unit in

a residential, industrial or commercial building and an undivided interest in common, directly
or indirectly, in the land on which it is located and in other common areas of the building. A
condominium may include, in addition, a separate interest in other portions of such real
property. Title to the common areas, including the land, or the appurtenant interests in such
areas, may be held by a corporation specially formed for the purpose (hereinafter known as
the "condominium corporation") in which the holders of separate interest shall automatically
be members or shareholders, to the exclusion of others, in proportion to the appurtenant
interest of their respective units in the common areas.

Sec. 5. Any transfer or conveyance of a unit or an apartment, office or store or other space
therein, shall include the transfer or conveyance of the undivided interests in the common
areas or, in a proper case, the membership or shareholdings in the condominium corporation:
Provided, however, That where the common areas in the condominium project are owned by
the owners of separate 3 units as co-owners thereof, no condominium unit therein shall be
conveyed or transferred to persons other than Filipino citizens, or corporations at least sixty
percent of the capital stock of which belong to Filipino citizens, except in cases of hereditary
succession. Where the common areas in a condominium project are held by a corporation, no
transfer or conveyance of a unit shall be valid if the concomitant transfer of the appurtenant
membership or stockholding in the corporation will cause the alien interest in such
corporation to exceed the limits imposed by existing laws.

FOREIGN INVESTMENT ACT ( RA NO. 7042, Section3.) Definitions

 Philippine National”
 a citizen of the Philippines or a domestic partnership or association wholly
 owned by citizens of the Philippines;
 or a corporation organized under the laws of the Philippines
 at least sixty percent (60%) of the capital stock outstanding and entitled to vote is
owned and held by citizens of the Philippines or
 a corporation organized abroad and registered as doing business in the Philippine
under the Corporation Code of which one hundred percent (100%) of the capital
stock outstanding and entitled to vote is wholly owned by Filipinos or
 a trustee of funds for pension or other employee retirement or separation benefits,
where the trustee is a Philippine national and at least sixty percent (60%) of the
fund will accrue to the benefit of Philippine nationals:
Provided, That where a corporation and its non-Filipino stockholders own stocks in a
Securities and Exchange Commission (SEC) registered enterprise, at least sixty percent
(60%) of the capital stock outstanding and entitled to vote of each of both corporations
must be owned and held by citizens of the Philippines and at least sixty percent (60%)

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 of the members of the Board of Directors of each of both corporations must be citizens
of the Philippines, in order that the corporation shall be considered a Philippine
national.
 “Investment”
 equity participation in any enterprise organized or
 existing under the laws of the Philippines;
 “Foreign Investment”
 an equity investment made by a non-Philippine national in the form of foreign
exchange and/or
 other assets actually transferred to the Philippines and duly registered with the
Central Bank which shall assess and appraise the value of such assets other than
foreign exchange;
 “Doing Business”
 shall include soliciting orders,
 service contracts,
 opening offices,
 whether called “liaison” offices or
 branches; appointing representatives or
 distributors domiciled in the Philippines or
 who in any calendar year stay in the country for a period or periods totaling one
hundred eighty (180) days or more; participating in the management,
supervision or control of any domestic business, firm, entity or corporation in
the Philippines;
 and any other act or acts that imply a continuity of commercial dealings or
arrangements, and contemplate to that extent the performance of acts or works,
or the exercise of some of the functions normally incident to, and in progressive
prosecution of, commercial gain or of the purpose and object of the business
organization:
Provided, however, That the phrase “doing business” shall not be deemed to include
mere investment as a shareholder by a foreign entity in domestic corporations duly
registered to do business, and/or the exercise of rights as such investor; nor having
a nominee director or officer to represent its interests in such corporation; nor
appointing a representative or distributor domiciled in the Philippines which
transacts business in its own name and for its own account;

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  “export enterprise”
 an enterprise wherein a manufacturer, processor or service (including tourism)
enterprise exports sixty percent (60%) or more of its output, or wherein a trader
purchases products domestically and exports sixty percent (60%) or more of
such purchases;
 “domestic market enterprise”
 an enterprise which products goods for sale, or renders services to the domestic
market entirely or if exporting a portion of its output fails to consistency export
at least sixty percent (60%) thereof; and
 “Foreign Investments Negative List” or “Negative List”
 a list of areas of economic activity whose foreign ownership is limited to a
maximum of forty percent (40%) of the equity capital of the enterprises engaged
therein.

CASES

 PH VS LUI SHE

Doctrine: Even if the contract appears to be valid, if the provision is against the constitutional
prohibition, the same should be considered null and void.

 REPUBLIC VS HERBIETO

Doctrine: A land registration case is a proceeding in rem, and jurisdiction in rem cannot be acquired
unless there be constructive seizure of the land through publication and service of notice.

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