Section 35 – Cadastral Proceedings (36, 37, 38)

Nature and purpose of cadastral proceedings.

Under the cadastral system, pursuant to initiative on the part of the government, titles for all the
land within a stated area are adjudicated whether or not the people living within the area desire to
have titles issued. The purpose, as stated in Section 35(a), is to serve the public interest by
requiring that the titles to any unregistered lands “be settled and adjudicated.”1

Procedure leading to the adjudication of property through cadastral proceedings:

1. Cadastral survey preparatory to filing of petition

2. Filing of petition for registration
3. Notice of survey and publication
4. Filing of answer
5. Hearing of the petition
6. Judgment; when title deemed vested
7. Declaration by the court that the decree is final and its order for the issuance of the
certificates of title by the Administrator of the Land Registration Authority

Only “unregistered lands” may be the subject of a cadastral survey.

- The inference is that lands already titled either through judicial confirmation of imperfect
or incomplete titles under the Public Land Act or through voluntary registration
proceedings under the Land Registration Act are excluded from the survey.

Lands already titled cannot be the subject of cadastral proceedings.

- land already decreed and registered in an ordinary registration proceeding can not again
be subject of adjudication or settlement in a subsequent cadastral proceeding.
- Cadastral; In rem, is binding and conclusive upon whole world. The conclusiveness is not
absolute. Public policy dictates that those unjustly deprived of their rights over real
property by reason of the operation of our registration laws be afforded remedies
(question the registration within 1year of registration/ in reconveyance proceedings,
based on fraud or implied trust)

Jurisdiction of the cadastral court over previously titled lands.

- In cadastral cases, the jurisdiction of the court over lands already registered is limited to
the necessary correction of technical errors in the description of the lands, provided that
such corrections do not impair the substantial rights of the registered owner, and that such
jurisdiction does not deprive a registered owner of his title.

Cadastral answer may not be thrown out upon a mere motion of adverse claimants.

- It was held in case that the court may not, upon motion of adverse claimants, order the
 cancellation of the claimant’s answer and keep the latter from introducing evidence to
prove his ownership on the ground of bar by prior judgment. Suppressing the presentation
of evidence in support of claims would perpetuate conflicts over land.
- But the 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. If the claim is uncertain or refers to an undefined portion of land, the
court has no jurisdiction to make an award. Also, in a cadastral proceeding, a court has
no jurisdiction to decree a lot as not contested when it is contested, and to proceed to
adjudication without giving the opposing parties an opportunity to be heard.

When title to land in a cadastral case is vested.

- In a cadastral case, title of ownership on the land is vested upon the owner upon the
expiration of the period to appeal from the decision or adjudication by the cadastral court,
without such an appeal having been perfected
o In contrast, a certificate of title based on a patent, even after the expiration of one
year from the issuance thereof, is still subject to certain conditions and restrictions
o As a matter of fact, in appropriate cases and after prior administrative
investigations by the Director of Lands, proper actions may be instituted by said
official which may lead to the cancellation of the patent and the title, and the
consequent reversion of the land to the government. On the other hand, a
certificate of title issued pursuant to cadastral proceedings, after the lapse of one
year, becomes incontrovertible.
o WHY? Because a patent is a grant on an individual. Converting public lands into
private property. If there are certain conditions that were not met, then it is a
breach of the terms and conditions of that grant and may be subject to reversion
because the State is not barred from prescription. Cadastral proceedings
immediately subject unregistered lands into registration under public property so
if no adverse claims are provided, it automatically becomes public land and title
is vested immediately to the State when no appeal has been made or if appeal is
not perfected.

New titles may be issued for private lands within the cadastral survey.

- In a cadastral survey usually involving a whole municipality, all lands of whatever nature
and classification, including private lands, are included. Of course lands which are not
agricultural cannot be the subject of adjudication as these are beyond the commerce of
men. They will retain their classification as non-alienable lands of the public domain.
Private lands within the cadastre which had been previously brought under the Torrens
system will not anymore be subject to a new hearing and adjudication by the cadastral
court but shall remain private lands. However, it may be necessary to issue new
certificates of title to those holding Torrens titles for lands within the cadastral survey,
which must cover all of the lands contained in the old ones. But no modification or
alteration can be permitted to be made in the Torrens title for the sole purpose of making
the area of the land described therein agree with that given in the cadastral survey plan.
The new title issued under the cadastral system to a person who already holds a valid
Torrens title must include the whole land specified in the latter
Decision declaring land as public land not a bar to a subsequent action for confirmation of
title over the same land.

- If a person complies with conditions necessary for a valid government grant, what may
be registered as public land may be eventually given a title in favor of person in adverse
possession simply from the presumption that he has complied with said government
grant.

Issuance of writ of possession imprescriptible.

- Those in possession of the lot unlawfully and adversely, during the cadastral proceedings,
they may be judicially evicted by means of a writ of possession, the issuance of which
never prescribes (because of the nature of how cadastral proceedings convert
unregistered lands into PUBLIC LANDS). They cannot be said to be strangers since a
cadastral proceeding is a proceeding in rem and against everybody.

Section 39 – Preparation of Decree and Certificate of Title

Issuance of decree of registration and certificate of title.

- Upon the finality of the judgment of the court adjudicating the land as private property,
the court shall, within fifteen (15) days from the entry thereof, issue an order directing the
LRA Administrator to issue the corresponding decree of registration and certificate of
title. The Administrator shall then prepare the decree of registration as well as the
original and duplicate of the corresponding certificate of title. The original certificate of
title, signed by him, shall be a true copy of the decree of registration, and shall be sent,
together with the owner’s duplicate certificate, to the Register of Deeds of the City or
province where the land lies.
- But mere possession of a certificate of title is not conclusive as to the holder’s true
ownership of all the property described therein.4 If a person obtains title, under the
Torrens system, which includes, by mistake or oversight, lands which cannot be
registered under the Torrens system, he does not, by virtue of said certificate alone,
become the owner of the land illegally included. For instance, the inclusion of public
highways in the certificate of title does not give to the holder of such certificate
ownership of said public highways.

Decree binds the land and is conclusive against the whole world.

- Once a title is registered, the owner may rest secure, without the necessity of waiting in
the portals of the court, or sitting on the “mirador su casa,” to avoid the possibility of
losing his land. A Torrens title is generally a conclusive evidence of the ownership of the
land referred to therein. A strong presumption exists that the title was regularly issued
and is valid. It is incontrovertible as against any “information possessoria” or any interest
in the land existing prior to the issuance thereof and which is not annotated on the title.
Probative value of a certificate of title.

- A certificate of title serves as an indefeasible title to the property in favor of the person
whose name appears therein, and is conclusive as to the identity of the land and also its
location. The title becomes indefeasible and incontrovertible one year from its final
decree. It is generally a conclusive evidence of the ownership of the land referred to
therein. A strong presumption exists that the title was validly and regularly issued. The
validity of the certificate of title can be threshed out only in a direct proceeding filed for
the purpose

But while a certificate of title is indefeasible, unassailable and binding against the whole
world, including government itself, it does not create or vest title. It merely confirms or records
a title, already existing and vested. It cannot be used to protect a usurper from the true owner,
nor can it be used as a shield for the commission of fraud; neither does it permit one to enrich
himself at the expense of another.

- A tax declaration cannot defeat a certificate of title issued under the Torrens system.

Where two or more certificates cover the same land, the earlier in date prevails.

- But the rule is applicable only where there is no anomaly or irregularity, mistake, or
faulty or fraudulent registration tainting the prior title.

Curtain principle

- One does not need to go behind the certificate of title because it contains all the
information about the title of its holder. Torrens title is trustworthy, basically.

Mere issuance of certificate of title does not foreclose an action to test its validity.

Section 40 – Entry of Original Certificate of Title

Issuance of the owner’s duplicate certificate.

- The owner’s duplicate certificate of title shall be delivered to the registered owner or his
duly authorized representative. If two or more persons are the registered owners, one
owner’s duplicate may be issued for the whole land, or if the co-owners so desire, a
separate duplicate may be issued to each of them in like form, but all outstanding
certificates of title so issued shall be surrendered whenever the Register of Deeds shall
register any subsequent voluntary transaction affecting the whole land or part thereof or
any interest therein.
- It has been ruled that the heirs, as co-owners, shall each have the full ownership of his
part and the fruits and benefits pertaining to it. An heir may therefore, alienate, assign or
mortgage it, and even substitute another person in its enjoyment, except when the
personal rights are involved. But the effect of the alienation or mortgage, with respect to
the co-owners, shall be limited to the portion which may be allotted to him in the division
upon the termination of the co-ownership.
 Co-owner can only dispose of his aliquot share in the property held in common

- But a co-owner may not convey a physical portion of the land owned in common. What a
co-owner may dispose of is only his undivided aliquot share, which shall be limited to
the portion which may be allotted to him upon the termination of the co-ownership. He
has no right to divide the property into parts and then convey one part by metes and
bounds

Registered owner entitled to possession of the owner’s duplicate.

Section 44 – Statutory liens affecting title:

Pursuant to Section 44, every registered owner receiving a certificate of title issued pursuant to a
decree of registration and every subsequent purchaser of registered land for value and in good
faith shall hold the same free from all encumbrances. Excepted are: (a) those noted in the
certificate of title, and (b) the encumbrances enumerated in the law. The following may limit the
registered owners’ absolute title over the property:

(1) Liens, claims or rights existing or arising under the laws or the Constitution which are not by
law required to appear of record in the Registry of Deeds;

(2) Unpaid real estate taxes levied and assessed within two years immediately preceding the
acquisition of any right over the land;

(3) Any public highway or private way established or recognized by law, or any government
irrigation canal or lateral thereof;

(4) Any disposition of the property or limitation on the use thereof by virtue of PD No. 27 or any
other law or regulation on agrarian reform;36

(5) Rights incident to the relation of husband and wife, and landlord and tenant;

(6) Liability to attachment or levy on execution; 


(7) Liability to any lien of any description established by law 


on the land and the buildings thereon, or on the interest of the owner on such lands and
buildings;

(8) Rights incident to the laws of descent or partition between co-owners;

(9) Taking of the property through eminent domain;

(10) Right to relieve the land from liability to be recovered by an assignee in insolvency or
trustee in bankruptcy under the laws relative to preferences; and
(11) Rights or liabilities created by law and applicable to un- registered land.

A “lien” is a charge on property usually for the payment of some debt or obligation.

An “encumbrance is a burden upon land, depreciative of its value, such as a lien, easement, or
servitude, which, though adverse to the interest of the landowner, does not conflict with his
conveyance of the land in fee.”

- The following are considered encumbrances: A claim, lien, charge, or liability attached to
and binding upon real property, e.g., a mortgage, judgment lien, lease, security interest,
easement or right of way, accrued and unpaid taxes.

Superior lien in favor of government

- The superior lien in favor of the government on the properties of the delinquent taxpayer,
which need not, under Section 44 of PD No. 1529, be noted on the certificate of title to be
binding on a subsequent purchaser, is complementary to the following remedies provided
for in Section 316 of the Revised Internal Revenue Code: (a) distraint of personal
property and interest and rights thereto, and (b) judicial action. Either of these remedies
or both simul- taneously may be pursued in the discretion of the authorities charged with
the collection of taxes. The lien in favor of the government is a precautionary measure as
the levy upon real property or any right or interest therein may be easily defeated by a
transfer or conveyance of the property by the delinquent taxpayer

Retention Limits in CARP – is a lien.

Contents of a certificate of title.

Every certificate of title shall contain the following entries: (a) full names of all persons whose
interest make up the full ownership in the land; (b) civil status; (c) names of their respective
spouses, if married; (d) citizenship; and (e) residence and postal address. If the property belongs
to the conjugal partnership, the title shall be issued in the names of both spouses.

Elements of laches

The elements of laches indicated in Go Chi Gun. v. Co Cho, and reiterated in the cases of Lucas
v. Gamponia, Miguel v. Catalino and Claverias v. Quingco are as follows:

(a) Conduct on the part of the defendant, or of one under whom he claims, giving rise to the
situation of which complaint is made for which the complaint seeks a remedy;

(b) Delay in asserting the complainant’s rights, the com- plainant having had knowledge or
notice of the defendant’s conduct and having been afforded an opportunity to institute a suit;

(c) Lack of knowledge or notice on the part of the defendant that the complainant would assert
the right on which he bases his suit; and

(d) Injury or prejudice to the defendant in the event relief is accorded to the complainant, or the
suit is not held to be barred.

SEC. 48. Certificate not subject to collateral attack. — A certificate of title shall not be
subject to collateral attack. It cannot be altered, modified, or cancelled except in a direct
proceeding in accordance with law.

Distinction between a direct and collateral attack on the title.

An action is deemed an attack on a title when the object of the action or proceeding is to nullify
the title, and thus challenge the judgment pursuant to which the title was decreed. The attack is
direct when the object of the action is to annul or set aside such judgment, or enjoin its
enforcement. On the other hand, the attack is indirect or collateral when, in an action to obtain a
different relief, an attack on the judgment is nevertheless made as an incident thereof.

SEC. 49. Splitting, or consolidation of titles, SEC. 50. Subdivision and consolidation plans.

Subdivision of registered land.

Under this section, any owner desiring to subdivide a tract of registered land into lots shall
submit to the Land Registration Au- thority a subdivision plan of the land duly approved by the
Lands Management Bureau, through the Regional Technical Director, or the Administrator of the
Land Registration Authority (LRA), together with the approved technical descriptions and the
corresponding owner’s duplicate certificate of title. The plan shall distinctly and accurately
delineate all boundaries, streets, passageways and waterways, if any. The Register of Deeds shall
thereupon register the subdivision plan without need of prior court approval and issue a new
certificate of title for the land as subdivided.

It will be seen that the subdivision of the land may be made administratively with the owner
submitting a duly approved subdivision plan to the Register of Deeds and requesting him to issue
a new certificate of title for the land as subdivided.

A registered owner desiring to consolidate several lots into one or more shall file with the LRA a
consolidation plan showing the lots affected, with their technical descriptions, and upon
surrender of the owner’s duplicate certificates and receipt of the plan duly approved by the LRA,
the Register of Deeds shall cancel said certificates and issue a new one for the consolidated lots.
Conveyance of only a portion of the land.

If only a portion of the land described in the certificate of title is conveyed, the Register of Deeds
shall not enter any new title in favor of the grantee until after a plan indicating the portions into
which the land has been subdivided shall first be presented, together with the technical
descriptions thereof. Meantime, the deed of conveyance may be annotated on the owner’s
certificate of title, which annotation shall serve as notice to third parties as to the fact that a
portion of the land has been the subject of conveyance. Upon approval of the plan and technical
descriptions of the portions into which the land has been subdivided, the same shall be submitted
to the Register of Deeds for annotation on the certificate of title. He shall thereupon partially
cancel the grantor’s certificate as to the portion affected and issue (a) a new certificate to the
grantee covering the specific portion conveyed, and (b) another certificate to the grantor for the
remaining portions. But the Register of Deeds, instead of canceling the grantor’s title, may
simply make a memorandum thereon to the effect that a portion of the land has been conveyed
and that the title is deemed cancelled only insofar as that portion is concerned.

Illegal enlargement of area.

The last paragraph of Section 50 reads:

“The Commission may not order or cause any change, modification, or amendment in the
contents of any certificate of title, or of any decree or plan, including the technical description
therein, covering any real property registered under the Torrens system, nor order the
cancellation of the said certificate of title and the issuance of a new one which would result in the
enlargement of the area covered by the certificate of title.”

This provision is directed against attempts to enlarge the area of registered land by a mere
subdivision or consolidation survey, a censurable practice which has spawned numerous land
claims and conflicts, not to mention the threat it has wrought on the very stability of the Torrens
system.