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LTD PRD Course Outline 2015 2
LTD PRD Course Outline 2015 2
Tomas
Faculty of Civil Law
Syllabus is based on Agcaoili, “Property Registration Decree and Related Laws (Land
Titles and Deeds)”
Grading components: Class standing (recitations, quizzes and attendance): 25%;
Preliminary exam: 35%; Final exam: 40%.
Cases cited here are partial. Students are encouraged to report new cases relevant to the
subject for class analysis and discussion.
Chapter V
SUBSEQUENT REGISTRATION
Mortgage invalid even in the hands of an innocent mortgagee where the title
covers non-registrable land
Rights of innocent mortgagee for value
Rule with respect to banks
Equitable mortgage
2. Registration of mortgage or lease (Sec. 61)
3. Discharge or cancellation (Sec. 62)
4. Foreclosure of mortgage (Sec. 63)
Judicial and extrajudicial foreclosure
Redemption
Consolidation of ownership
Writ of possession
o Issuance of writ ex parte and ministerial
o When not ministerial
5. Cases
Gopiao v. Metrobank, GR No. 188931, July 28, 2014
Ligon v. Court of Appeals, GR No. 107751, June 1, 1995
Gonzales v. Intermediate Appellate Court, GR No. 69622, Jan. 29, 1988
Blanco v. Esquierdo, GR No. L-15182, Dec. 29, 1960
St. Dominic Corporation v. Intermediate Appellate, 151 SCRA 577 (1987)
Cua Lai Chu v. Laqui, GR No. 169190, Feb. 11, 2010
Sulit v. Court of Appeals, GR No. 119247, Feb. 17, 1997
Philippine National Bank v. Sanao Marketing, GR No. 153951, July 29, 2005
Barican v. Intermediate Appellate Court, GR No. L-79906, June 20, 1988
Cometa v. Intermediate Appellate Court, GR No. L-69294, June 30, 1987
One who buys the property of another without notice that some other person has a
right to or interest in it, and who pays a full and fair price at the time of the
purchase or before receiving any notice of another person’s claim.
2. Purchaser is not required to explore further than what the title indicates for hidden defects
A purchaser who has knowledge of defect of his vendor’s title cannot claim good
faith
As between two persons in good faith, the lawful holder of a title is preferred
Purchaser charged only with notice of liens noted on the title
3. Rule of good faith equally applies to mortgagees of real property
4. Rule of “caveat emptor” (“buyer beware”)
Banks expected to exercise greater care and prudence in their dealings
5. Sale of property pending litigation
6. Rule on double sale of property
Principle of “prior est temporae, prior est in jura”
7. Cases
Peralta v. Abalon, GR No. 183448, June 30, 2014
Go Piao v. Metrobank, GR No. 188931, July 28, 2014
Manguardia v. Valles, GR No. 177616, Aug. 27, 2014
Uy v. Fule, GR No. 164961, June 30, 2014
Homeowners Savings v. Felonia, GR No.189477, Feb. 26, 2014
Alfarfo v. Dumalagan, GR No. 186622, Jan. 22, 2014
Arguelles v. Malarayat Rural Bank, GR No. 200468, March 19, 2014
Bucton v. Rural Bank of El Salvador, Inc., GR No. 179625, Feb. 24, 2014
Sarili v. Lagrosa, GR No. 193517, Jan. 15, 2014
CHAPTER VI
REGISTRATION OF JUDGMENTS;
ORDERS; PARTITIONS
CHAPTER VII
ASSURANCE FUND
CHAPTER VIII
REGISTRATION OF PATENTS
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1. Public land patents when duly registered are veritable Torrens titles
2. Differences between the Property Registration Decree (PD No. 1529) and the Public
Land Act (CA No. 141, as amended)
3. PENRO or CENRO requirements for a valid certification of alienability
4. Modes of disposition
For homestead settlement
By sale
By lease
By confirmation of imperfect or incomplete titles
o By judicial legalization
o By administrative legalization (free patent)
5. RA No. 10023, dated March 9, 2010, authorizes issuance of free patent titles to
residential lands
6. Director of Lands has continuing authority to investigate fraudulent issuance of patents
7. Only the government may initiate an action for cancellation of title and reversion
8. Courts have jurisdiction over possessory actions involving public lands
9. Prohibition against alienation of lands acquired under the homestead and free patent
provisions (Sec. 118, CA No. 141)
Policy behind prohibition
Prohibition starts from date of approval up to fifth year from issuance of patent
Repurchase by applicant or his heirs
10. Cases
Republic v. Santos, GR No. 191516, June 4, 2014
Republic v. Sese, GR No. 185092, June 4, 2014
Lahora v. Dayanghirang, GR No. L-28565, Jan. 30, 1971
Mesina v. Sonza, GR No. L-14722, May 25, 1960
Balboa v. Farrales, GR No. 27059, Feb. 14, 1928
Chavez v. Public Estates Authority, GR No. 133250, July 9, 2002
Republic v. Court of Appeals and Felisilda, GR No. 79582, April 10, 1989
Pitargue v. Sorilla, GR No. L-4302, Sept. 17, 1952
Abelgas v. Comia, GR No. 163125, April 18, 2012
Tinio v. Frances, GR No. L-7747, Nov. 29, 1955
Sala v. Court of First Instance of Negros Oriental, GR No. L-47281, April 27,
1990
Arsenal v. Intermediate Appellate Court, GR No. L-66696, July 14, 1986
Republic v. Raneses, GR No. 189970, June 9, 2014
Tabino v. Tabino, GR No. 196219, July 30, 2014
CHAPTER IX
CERTIFICATE OF LAND TRANSFER, EMANCIPATION PATENT,
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AFFIDAVIT OF NON-TENANCY
CHAPTER X
PETITIONS AND ACTIONS AFTER ORIGINAL REGISTRATION
CHAPTER XV
CONSULTAS