• exploration
Land Titles and Deeds 2018
Midterms
PART 1
Regalian Doctrine
all lands of whatever classification and
other natural resources not otherwise appearing to
be clearly within private ownership belong to the
State.
State - source of all asserted right to ownership of
land
- retains its basic right of dominus UNLESS
alienated in accordance with law
- it is INDISPENSABLE that there be a showing
of a title from the State or any other mode of
acquisition recognized by law
- the applicant must prove by incontrovertible
evidence, the land is A and D
Jura Regalia
private title to land must be traced to
some grant, express or implied, from the Spanish
Crown or any of its successors.
- presupposes a source of such title to land
- State is the original proprietor (holder of
property) and the general source of private titles
- ALL CLAIMS of private title must be traced to
some grant from the State EXCEPT: those under
native title
- dominium - capacity of the State to acquire
property
Constitution
Art. XII Sec. 2 - all lands of public
domain… and other natural resources are owned
by the State. With the exception of
AGRICULTURAL lands, all other natural
resources shall not be alienated
- natural resources remain with the State
• development
• utilization
- it allows
• co-production
• joint venture
• production-sharing
• agreements with foreign-owned
corporations involving technical
or financial assistance for large-
scale exploration, development,
and utilization
Native title
ownership of land by Filipinos by virtue
of possession under a claim of ownership since
time immemorial and independent of any grant
from the Spanish Crown
- established in the case of Carino vs Insular Gov.
“lands held by individuals under a claim of
private ownership, it will be presumed to have
been held in the same way before the Spanish
conquest, and never to have been public land.”
Torrens System
systems of registration of transactions
with interest in land, whose declared object is,
under governmental authority, to establish and
certify to the ownership of an absolute and
indefeasible title to realty, and to simplify its
transfer.
- established by Sir Robert Torrens (Irish) in
South Australia in 1857
- title by registration takes the place of title by
deeds
- what is registered is the TRANSFER, not the
individual deeds
- requires the gov. to issue an official certificate
of title attesting to the fact that the person named
is the owner of the property described therein,
subject to such liens and encumbrances as thereon
noted or the law warrants or reserves.

Purpose
• quiet the title
• put a stop to any question of legality of the title
• forecloses any right over the property EXCEPT:
when there is fraud, there are innocent third
parties who may claim an interest, claims noted
on the certificate itself, those that arise
subsequent to.
• INDEFEASIBILITY AND
IMPRESCRIPTIBILITY
• conclusive evidence of ownership
Mirror Doctrine
every registered owner and every
subsequent purchaser holds the title free from
encumbrances
- even a defective title may be a source of a legal
title provided that the buyer is innocent and in
good faith upon relying on the correctness of the
title
Registration does not grant ownership
does not create or vest rights
- merely establishes evidence of title over realty
- mere possession does not mean he is the owner
Double Registration
priority of registration is applied (the
earliest certificate given)
Title - the lawful cause or ground of possessing
that which is ours, foundation of ownership of
property. A just cause of exclusive possession
Certificate of title - mere evidence of ownership
ADVANTAGES
A. substituted security for insecurity
B. reduced costs of conveyances and the
time occupied
C. exchanged brevity and clearness for
obscurity and verbiage
D. simplified ordinary dealings
E. protection against fraud
F. restored to their just value many
estates
- avoid possible conflicts of title to real
estate and to facilitate transactions relative thereto
by giving the public the right to rely upon the face
of a Torrens certificate and dispenses the need to
inquire further
Past Legislation
Public Land Act (CA 141)
- original was in 1903 Act No. 926 w/c
governed the disposition of lands of public
domain. Prescribed the rules on homesteading,
selling, and leasing of public domain and the
terms and conditions for perfection of title.
Included the issuance of special patents to native
settlers
- operated on the assumption that title to
lands remained with the gov.
- Act No. 2874 in 1919 superseded Act
No. 926 which limited the exploitation of lands
to: Filipinos, Americans, and countries who gave
Filipinos the same privileges.
- CA No. 141 was passed in 1936
operating with the 1935 Constitution
- transitory provisions provided that
during the existence of the Commonwealth,
American citizens and corporations shall enjoy
the same rights as Filipinos before the
establishment of the Republic of the Philippines
(Sec. 127)
Land Registration Act (Act No. 496)
- approved November 6, 1902 effective
January 1903
- establishes the Torrens system in the
country
- created the Court of Land Registration
with exclusive jurisdiction over all applications
and the power to hear questions relative to
applications
- jurisdiction ends upon the registration of
the land
Cadastral Act (Act No. 2259)
- enacted February 11, 1913
- When in the opinion of the Pres. the
public interest requires that title to any lands be
settled and adjudicated, he shall order the Dir. of
Lands to survey and institute registration
proceedings by petition against the holder,
claimants, possessors or occupants stating that
public interest requires that the titles be settled
and adjudicated.
- decree shall be the basis for the issuance
of the title
- cadastral proceedings are in rem
PRD (PD No. 1529)
- approved June 11, 1978
- codify the laws relative to registration of
property and to effectively implement said laws.
- judicial proceedings are in rem and
based upon the generally accepted principles
underlying the Torrens system
- jurisdiction over the res is acquired by
giving the public notice of initial hearing
(publication, mailing, notice)
- a decree of registration binds the land
and quiets the title thereto, SUBJECT ONLY TO
SUCH EXCEPTIONS OR LIENS AS MAY BE
PROVIDED BY LAW.
- it shall not be subject to a collateral
attack
- nor shall it be altered, modified, or
cancelled EXCEPT IN A DIRECT
PROCEEDING IN ACCORDANCE WITH LAW
- Assurance fund is provided for the loss,
damage or deprivation of any interest as a
consequence of the bringing of the land under the
Torrens system.
In Rem
PD 1529 Sec. 2 - Judicial proceedings for the
registration of lands throughout the Ph. shall be in
rem and shall be based on the generally accepted
principles underlying the Torrens system
- object of the action is to bar indifferently all
who might be minded to make an objection of any
sort against the right sought to be established.
- constructive seizure of the land is a requirement
in order for it to be in rem
- personal notification is not a requirement
Jurisdiction of courts
PD 1529 Sec. 2 par 2 - CFI shall have exclusive
jurisdiction over all applications for original
registration of title to lands, including
improvements and interests therein, and over all
petitions filed after original registration of title,
with power to hear and determine questions
arising upon such applications or petitions.
BP 129 Sec. 34 Delegated Jurisdiction in
Cadastral and Land Registration Cases - grants
first level courts delegated jurisdiction to hear and
determine cases in the ff. instances:
a. where the lot is not the subject to
controversy or opposition
b. the value thereof does not exceed
100,000 to be ascertained by the affidavit of the
claimant/ tax declaration
- being merely delegated, it is limited to what it
expressly mentioned
General vs Limited Jurisdiction
before the enactment of PD 1529, the CFI
had limited jurisdiction, but upon its enactment, it
eliminated the distinction between the two
jurisdictions.
- aims to avoid multiplicity of suits
- it thereafter conferred authority to act on
applications and all other petitions filed after
- this is not to be applied upon clerical issues
found in Sec. 108 such as corrections or insertions
since relief may only be granted upon unanimity
of the parties and that no adverse claim or serious
objective be present
Jurisdiction vs Administrative Act
a land court cannot be divested of its
jurisdiction by a subsequent admin. act consisting
in the issuance by the Dir. of Lands of a
homestead patent once it had already acquired
jurisdiction over the land
Jurisdiction over civil cases involving title to,
or possession of real property or any interest
therein
BP 129 Sec. 19(2) - RTC had jurisdiction over
civil cases “where the assessed value of the
property involved exceeds 20,000 or for civil
actions in MetroManila, where such value
exceeds 50,000 except actions for forcible entry
and unlawful detainer of land or buildings,
original jurisdiction is conferred upon first level
courts
- these include: reconveyance, annulment,
partition
- action for quieting of title is not dependent upon
the value, immediately under the RTC since it is
one of declaratory relief under Rule 63
PART 2
The LRA
PD 1529 Sec. 4 - establishes the Land
Registration Commission (created in June 17,
1945 thru RA No 1151)
- exercises supervision and control over all RoDs
- serves as the clerical and archival system of
CFIs with reference to registration
- renamed as the Land Registration Authority by
the Admin Code of 1987
- consists of an Administrator, assisted by 2
Deputy Admin. - all of which are appointed by
the President upon recommendation of the
Secretary of Justice
- all other officials are appointed by the SoJ
EXCEPT those under the RoD
- aka Pangasiwaan sa Patalaan ng Lupain
- responsible for the issuance of the decree of
registration and certificates of title
Functions of the Authority
1. extend speedy and effective
assistance to the DAR, Land Bank,
and other agencies in the
implementation of the land reform
program of the government
2. extend assistance to courts in
ordinary and cadastral land
registration proceedings
3. 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
Functions of the Administrator
1. Issue decrees of registration pursuant
to final judgements of the courts in
land registration proceedings and
cause the issuance by the RoDs of the
corresponding certificates of title
2. Exercise supervision and control over
all RoDs and other personnel of the
commission
3. Resolve cases elevated en consulta
by, or on appeal from decision of,
RoDs
4. Exercise executive supervision over
all clerks of court and personnel of
the CFI throughout the Philippines
with respect to the discharge of their
duties and functions in relation to the
registration of lands
5. Implement all orders, decisions, and
decrees promulgated relative to the
registration of lands and issue, subject
to the approval of the Sec. of Justice,
 all needful rules and regulations
thereof
6. Verify and approve subdivisions,
consolidations, and consolidation-
subdivision survey plans of properties
titles under Act No. 496 except those
covered by PD No 957
LRA Admin, executive with judicial rank
PD 1529 Sec. 5 - Officials and employees of the
Commission
- both Comm. must be members of the Bar + 10
years practice
- his functions are plainly executory and subject
to the President’s power and control
- he is not in any way a judge, but only shares the
same rank, compensation, and privileges
- the Deputy shall have 3,000 less per annum and
shall only act upon the absence or disability of the
Admin.
Duty of the LRA to issue: MINISTERIAL
- they act under orders of the court and the decree
must be in conformity with the decision of the
court and with the data found in the record
- if in doubt, their duty is to refer the matter to the
court and not act on their own discretion
- not purely ministerial; in cases of double titling,
there are existing transfer certificates, reasons to
question the rights of those requesting for the
issuance of the new titles
The RoDs
PD 1529 Sec. 7 - one RoD for each province and
one for each city
- yearly average collection of 60,000 during the
last 3 years = 1 Deputy RoD
- yearly average collection of 300,000 during the
last 3 years = 1 Deputy + 1 2nd Deputy
- station and territory are defined by the SoJ, upon
the recommendation of the LRA Admin.
Registration of property
Art 708 New Civil Code - The Registry of
Property has for its object the inscription or
annotation of acts and contracts relating to the
ownership and other rights over immovable
property, which are not duly inscribed or
annotated in the Registry of Property shall not
prejudice third persons
- registration must be done in the proper registry
in order to affect and bind the land
- Sec 51 - “no deed, mortgage, lease or other
voluntary instrument - except a will purporting to
convey or affect registered land shall take effect
as a conveyance or bind the land , but shall
operate only as a contract between the parties and
as evidence of authority to the RoDs to make
registration.”
- so, if a sale is not registered, it is binding only to
the parties of such sale and not against 3rd
persons
- RoDs keep a primary entry book in which all
instruments including copies of writs and
processes relating to registered lans shall be
entered in the order of their filing
- It is considered REGISTERED from the time it
is noted
Registration
the ministerial act by which a deed,
contract, or instrument is inscribed in the records
of the Office of the RoD and annotated at the
back of the TCT covering the land subject of the
deed, contract, or instrument
- binding upon third persons
Effect of Registration
the act of registration shall be the
operative act to convey or affect the land insofar
as third persons are concerned (Sec 51)
- if done in bad faith = no actual registration
- prior knowledge of a transfer of a registered
property by a subsequent purchaser = purchaser in
bad faith
- registration does not add to the validity of a
fraudulent instrument
- registered Torrens title (subsequent) > receipt
evidencing sale (first)
Office of the Register of Deeds
PD 1529 Sec 8 - appointed by the President upon
the recommendation of the Sec. of Justice.
Deputies are appointed by the SoJ upon
recommendation of the LRA
Sec 9 - Qualifications: member of the bar + 3
years of practice
Deputies - member of the bar
- constitute as the public repository of records of
instruments affecting registered or unregistered
lands and chattel mortgages
- the existence of a certificate of title in the
registry supports and strengthens the authenticity
of the title
Duty of the RoD
Sec 10 - public repository of records of
instruments
- duty to immediately register and instrument
presented for registration dealing with real or
personal property which complies with all the
requisites for registration.
- if the instrument is not registrable - deny
registration and inform the presentor of such
denial in writing, stating the ground or reason
thereof, and advising him his right to appeal by
consulta in accordance with Sec. 117 of this
Decree
- registration is ministerial in nature
- the law on registration does not bar the
registration of invalid instruments ~ validity shall
be decided after registration not before.
- it is not the duty of the register to decide, but is
for a court of competent jurisdiction to determine.
(Almirol vs Register of Deeds of Agusan)
- refusal to do so amounts to unlawful neglect in
the performance of a duty - MANDAMUS (only
after raising it en consulta)
- limited only to the extrinsic validity (in due
form)
- when he is in doubt as to the proper step to be
taken, all that he is supposed to do is to submit
and certify the question to the LRA Admin.
(Almirol)
When the RoD may DENY
A. Where there are several copies of the
title but only one is presented with
the instrument to be registered -
affects the integrity of the
encumbrance when it is only found in
one copy and not the others. The law
requires that every copy be a
duplicate of the original, both must
contain identical entries. If multiple
copies carrying different annotations
would be allowed, it would render the
system unreliable.
B. When the property is presumed
conjugal but the instrument of
conveyances bears the signature of
only one spouse - must show
evidence that the property is personal.
Article 124 of the Fam Code requires
that sale of conjugal property requires
the consent of both spouses, absent
one = null and void
C. When there is a pending case in court
where the character of the land and
the validity of the conveyance are in
issue - registration should await the
outcome of a case in order that the
rights of the parties be protected upon
a notice of lis pendens
 D. When the required certificates or
documents are not submitted - not a
bar if it is cured subsequently.
(considered as questioning the
EXTRINSIC validity) (A-E from
Agcaoili)
E. When the document is not verified
and acknowledged by a notary public
(Gallardo vs IAC) - doubtful
F. When the land is non-registrable land
of public domain (Mem-Aid 2017)
En Consulta
Sec 10 - a RoD is precluded from
exercising his personal judgement and discretion
on WoN a deed is to be registered on the ground
that it is invalid.
TWO INSTANCES
a) when the RoD is in doubt with
regard to the proper step to be
taken or memorandum to be
made
b) where any party in interest does
not agree with the action taken by
him with reference to any such
deed or instrument
The LRA Admin., upon notice and
hearing shall issue and order prescribing the step
to be taken or memorandum to be made on the
matter. His ruling shall be conclusive and binding
upon all RoDs. THIS SHOULD BE DONE
FIRST BEFORE MANDAMUS
PART 3
Citizenship requirement
Krivenko vs Register of Deeds - settled the issue
as to who are qualified to own public as well as
private lands in the Philippines.
- CJ Moran held that aliens are disqualified from
owning all types of lands
- since the Constitution limits public agricultural
lands to Filipino citizens, such can be easily
defeated if the Filipinos themselves alienate
such to aliens
- for this reason, Sec. 7 establishes the rule on
transfer of land
- closes the remaining avenue through which
agricultural land may leak into aliens’ hands
- Sec. 7 “Save in cases of hereditary succession,
no private lands shall be transferred or
conveyed except to individuals, corporations,
or associations qualified to acquire or hold
lands of the public domain”
- Sec. 8 “Notwithstanding the provisions of Sec.
7 of this Art., a natural born citizen of the Ph.
who has lost his Ph Citizenship may be a
transferee of private lands, subject to
limitations provided by law.
- the limitation does not apply to the
improvements built thereon.
Aliens may lease lands
a lease to an alien for a reasonable period
is valid. So is an option to buy on condition that
the alien acquire citizenship
- they are granted temporary rights such as a
lease contract
- citizenship is not impossible (premise)
- but if the option to buy limits the Filipino
owner from selling or disposing of his
property, this to last for 50 years, then it
becomes a virtual transfer of ownership
- Virtual transfer: the owner divests himself in
stages not only of the right to enjoy the land,
but rights, the sum of which make up
ownership (possidendi, utendi, fruendi,
abutendi)
Corporation Sole
 Roman Catholic Apostolic Administrator
of Davao vs LRC - a corporation sole is a vested
with the right to purchase and hold real estate and
to register the same in trust for the faithful.
- it is not an ordinary private corp. since it has no
nationality
- the framers did not have in mind this type of
corp. in providing for the 60% rule
- it is not the owner of the properties that are
acquired but merely the administrator thereof
- the properties pass to the successor-in-office,
not in interest/heirs
Donation in favor of a Religious Corporation
Register of Deeds of Rizal vs Ung Siu Si
Temple - a RoD may validly deny registration due
to the absolute disqualification found in Sec. 8 Art
XII of the Constitution
- the Constitution makes no exception to
religious association
- as compared to RCAD vs LRC, the respondent
is a corporation aggregate
- such denial does not violate the freedom of
religion since land ownership is not
indispensable to the free exercise and
enjoyment
- Corp. Aggregate - unregistered organization
operating through three trustees, all Chinese
Lands sold to an alien which is now in the hands
of a Filipino
the flaw in the original transaction is
cured, no public policy is left to protect
- De Castro vs Tan - petitioner sold her lot which
was then passed down to the son (naturalized) -
no recovery can be done since there is no
public policy to be served as the land is in the
hands of a qualified person.
- Republic vs IAC and Gonzalves - the
subsequent acquisition of citizenship forecloses
any debate regarding title.
- Rellosa vs Gaw Chee Hun (reversed?) - the
application of in pari delicto
- knowing that the vendee was not qualified, the
owner may no longer recover the land
conveyed. What is left is either the action for
reversion (Public Land Act), or the land be
escheated to the State (Consequence of
violating the Constitution)
- Philippine Banking Corp. vs Lui She - the rule
was not applied although of the same tenor as
Rellosa
- reasons: 1. the original parties who were guilty
have died and have since been substituted to
whom it would be unjust to impute their guilt
2. as an exception to the rule on in pari delicto,
when public policy is enhanced, recovery is
possible
- therefore it bars the recovery of land sold to an
alien who acquired citizenship or when it has
come to the hands of a qualified transferee in
good faith.
Rights of Natural-born Citizens
Sec. 8 “Notwithstanding the provisions of
Sec. 7 of this Art., a natural born citizen of the Ph.
who has lost his Ph Citizenship may be a
transferee of private lands, subject to limitations
provided by law.
R.A. 7042 as amended by R.A. 8179 (March 28,
1996) - Sec. 10 - Other rights of former natural-
born Filipinos - any natural born citizen who has
legal capacity to enter into a contract may be a
transferee
5,000 square meters in urban land
3 hectares in rural land
- to be used by him for business or other
purposes.
- in case of married couples, one may avail of
the privilege or if both shall avail, the total area
shall not exceed the maximum
- if already owns land, he shall be entitled to
additional land for business or other purposes
provided that it shall not exceed the maximum
area
- a transferee under this act may acquire not
more than 2 lots which should be situated in
different municipalities or cities anywhere in
the Philippines, provided that the total area
does not exceed the maximum
- acquiring urban land disqualifies the
acquisition of rural land and vice versa
Batas Pambansa Blg. 185 - Sec. 2 - any natural-
born citizen who has lost his citizenship and who
has legal capacity to enter into a contract under Ph
laws may be a transferee of a private land
1,000 square meters in urban land
1 hectare in rural land
- to be used by him as his residence
- in case of married couples, one may avail of
the privilege or if both shall avail, the total area
shall not exceed the maximum
- if already owns land, he shall be entitled to
additional land for residential purposes
provided that it shall not exceed the maximum
area
- Sec 3 - a transferee under this act may acquire
not more than 2 lots which should be situated
in different municipalities or cities anywhere in
the Philippines, provided that the total area
does not exceed the maximum
- acquiring urban land disqualifies the
acquisition of rural land and vice versa
Sec 5 - Transfer as a mode of acquisition refers to
either voluntary or involuntary sale, devise or
donation. Involuntary sales shall include sales on
tax delinquency, foreclosures, and execution of
judgement.
Exception: RA 9225 - Citizenship Retention and
Re-acquisition Act of 2003 - shall enjoy full civil
and political rights
Notes:
Capacity to own land is determined as of the time
of its acquisition and not registration - Former
Filipinos who had acquired a land that had
already complied with Sec. 48[b] of CA 141 can
register the land since it is no longer public
domain. Since they were former Filipino citizens,
they can enjoy the privilege of Sec. 8 of Art. XII
(Republic vs CA and Lapina)
PART 4
Classification of Public Land
An Executive Prerogative
land that has not been acquired from the
government, either by purchase or grant or any
other mode recognized by law, belongs to the
State as part of the public domain
- No public land can be acquired through any
other means, and it is indispensable that the
person claiming title to should show that his
title was acquired through purchase or grant
from the State, or any other mode recognized
by law
- the classification of land is an exclusive
prerogative of the executive department and
not of the courts.
- in the absence of such, the land remains as
unclassified until it is opened for disposition.
System of Classification
- governed by CA 141
- The President is authorized to classify the lands
into A and D, timber, or mineral lands. (Sec. 6)
- A and D lands may be further classified by
their use (Sec. 9)
 - agricultural
- residential, commercial, industrial, or for
similar productive purposes
- educational, charitable, or other similar
purposes
- reservation for town sites and for public
or quasi-public uses

Classification of Land According to Ownership

all lands not appearing to be clearly under
private ownership are presumed to belong to the
State
- land may be classified as either: Public
Dominion or Private Ownership
- Public Dominion may be:
- intended for public use
- belongs to the State, without being for
public use, and is intended for some
public service or for the development of
the national wealth.
- Patrimonial property - land belonging to the
State which is not of such character or although
of such character but no longer intended for
public use or for public service

Classification according to alienability

only agricultural land may be alienated