REGISTRATION OF LAND TITLES AND DEEDS

LECTURE NO. 1

I. INTRODUCTION

1. The meaning and history of Title

2. The nature and essentials of Deeds

Background of land titles

 People were nomads. They roam free.

 They fight on possession of land, who was there first
 God owned all lands
 No concept of land ownership until intensive cultivation
 Change in Norman Conquest during the 11th century. Title of all lands vest in
William the Conqueror. Private ownership must emanate from the state
 Philippines-Spain proclaimed full ownership of all lands.
Exceptions
1. Claim of ownership since time immemorial (ancestral land)

2. Church, King of Spain not owner so Treaty of Paris not binding on church
property

 Land law in Phil very slow. Act 496 (1902) still has original and main features in
PD 1529
 Registration under Spanish Mortgage Law discontinued only thru PD 892 2/16/76
 Earliest real estate transactions recorded in Egypt and Mesopotomia
 Greeks had a system of land recording where buyers has to verify on before the
transaction
 US, Plymouth Colony in 1627 land sale thru writing directly the transaction in the
registry to record priority in right and prevent fraudulent conveyances.

Definition of title

refers to that upon which ownership is based. Evidence of the right of the owner or extent
of his interest as a means to assert exclusive possession and enjoyment. Foundation of
ownership of property.

Possession vs Ownership

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 Possession is outward evidence of title but not necessarily title in itself. You may
have posession but you do not own the thing. You may not possess what you own

Definition of Deed

written instrument executed in accordance with law, wherein a person grants or

conveys to another certain land, tenements or hereditaments. Any contract or
agreement affecting real estate. Any real estate or interest therein is ALIENATED,
MORTGAGED or ASSIGNED

grantor, grantee, words of grant, two witnesses, notarial acknowledgment

Kinds of Title

Fee Simple Title

absolute title in perpetuity without qualification or restriction. (except limitations

by law)

Good Doubtful Bad Title

Good- indefeasible enforceable against the whole world even the government
(Torrens title)

Doubtful- may open the holder to litigation (Deed of Sale of Unregistered Land
registered)

Bad- no transfer of rights. Fraudulent, not in good faith, no valuable consideration

Certificate of Title

is mere evidence of ownership not the title to the land.

Original –original registration ( judicial decree, administrative)

Transfer- subsequent dealings voluntary or involuntary

II. LAND ADMINISTRATION

1. Definition

 Land Administration is like accounting and bookkeeping where land is

inventoried, accounted and booked

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  It refers to the processes of recording and disseminating information
about the ownership value and use of land and associated resources.

1. Determination or adjudication of rights

2. Survey
3. Detailed documentation and provision of relevant info in support of land
markets (UN Economic Commission for Europe, 1995)

2. Components – to be effective

 Survey and Mapping- identification of boundaries and creation of parcels

 Adjudication- interests on land defined and ownership resolved
 Registration – land titles are created and interest on land registered in
a public registry
 Cadastre- ideally where land info is integrated (records, adjudication and
registration including value)- important in valuation and taxation

3. Purpose- to identify with certainty and accuracy the ownership of and interest
in a land.
a. Guarantee ownership and security of tenure
b. Support land market
c. Property taxation
d. Reduce land disputes
e. Facilitate land reform
f. Improve urban planning and infra devt
g. Support environmental mgt
h. Produce statistical data

4. Land Administration Agencies and Functions

1. DENR-Land survey, land classifcation and titling of public land

2. LRA- assists courts in titling private lands (Orig and Cadastal LRC)
decides questions regarding registration of instruments, exercise
supervision over RoD.
3. Registrar’s of Deeds- registers patents, CLOAs, CADT/CADC and Judicial
Decrees including subsequent dealings on registered lands
4. DAR-CARP pursuant to RA 6657
5. NCIP- resolves issues on ancestral lands
6. Courts- hear and adjudicate private claim of lands
7. LGUs- issues tax decs, prepare tax maps, zoning ordinances,
reclassification of agricultural lands and other land management
functions
5. Land Surveys and Boundaries

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  Process of measuring and delineating the natural and artifical features of
the earth
 Impt for inventory of land resources and property identification
 DENR LRA NAMRIA LGU
 Cadastral versus Isolated
 Survey authority versus Survey Order
 Area versus boundaries in the TD


III. LAND OWNERSHIP

1. Regalian Doctrine
 Western legal concept introduced by the Spaniards in Laws of the Indies
and Royal Cedulas the concept of which is that all lands of the public
domain and all other natural resources belong to the state (jura regalia
or royal rights embodied in all constitutions of the Philippines)
 Presumption that all lands not otherwise within private ownership are
owned by the state which is the source of any asserted right or
ownership in land

 Article XII (NEP) Section 2. 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

Cases : 1. Cruz versus SENR GR 135385 12/6/2000

2. Rep vs CA GR 103882, 105276 11/25/1998
3. Pagkatipunan versus CA GR 129682 3/21/2002


2. Methods of acquiring land titles

a. Public Grant

 Section 2 Art XII ... With the exception of agricultural lands, all other
natural resources shall not be alienated.
 Section 3 Article XII … Lands of the public domain are classified into
agricultural, forest or timber, mineral lands and national parks.
Agricultural lands of the public domain may be further classified by law
according to the uses to which they may be devoted. Alienable lands of
the public domain shall be limited to agricultural lands.
 Section 2 CA 141 Classification of lands of the public domain alienable
or open to disposition shall be classified as follows
o Agricultural

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 o Residential Commercial Industrial
o Educational charitable or similar purpose
o Reservations for townsites and other public and quasi public
purposes
 Public Domain- ownership by the public in general, destined to public
use
 Alienable and Disposable Lands of the public domain are those lands
of the public domain which have been subjected to the present
system of classification and declared as not needed for forest
purposes (section 3 PD 705)
 Section 8 CA 141 – when land becomes A and D:
- Delimited and classified
- Surveyed
- Declared open for disposition or concession
- Not reserved for public or quasi public uses nor
appropriated by the government nor in any manner
became private land
- Published

b. Disposition of Land under the Civil Code

1. Accretion (page 108 2011 agcaoili)

Cases:

Grande v. CA GR L-17652, June 30, 1962

Grande filed a rec of ownership case against esteban calalung over an accretion of their registered
lot at Magsaysay Isabela.

Issue: did accretion automatically became registered land?

Held No.

There can be no dispute that both under Article 457 of the New Civil Code and Article 366 of the old,
petitioners are the lawful owners of said alluvial property, as they are the registered owners of the
land which it adjoins. The question is whether the accretion becomes automatically registered land
just because the lot which receives it is covered by a Torrens title thereby making the alluvial
property imprescriptible. We agree with the Court of Appeals that it does not, just as an
unregistered land purchased by the registered owner of the adjoining land does not, by extension,
become ipso facto registered land.

Cureg v. Intermediate Appellate Court, [GR No. 73465, Sept. 7, 1989

Accretion should be registered

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Agustin v. IAC July 5, 1990

Accretion not lost by abrupt change of course of Cagayan River

Republic v. Santos, GR 160453, November 12, 2012

Dried up river bed owned by the state under Art 502(1)

Notation of GE in plan stating that the land is A & D not the required certification
pursuant to RP vs Tan

Fernando v. Acuna GR 161030 September 14, 2011

Sapang Bayan not accretion but dried up river bed

Art 457-to the owners of the adjoining banks or rivers belongs the accretion which they
gradually receive from the effects of the current of the waters (Exclude actions of the
bay, pond lagoon land left dry by natural decrease of the water (art. 459)

Tiongco vs Dir. of lands – natural effect of the water current not deliberate intervention
of man

Grande- not automatically registered, hence subject of acquisitive prescription

Art 461- Abandoned river beds belong to owners of land where the new river course
proportionately.

Alluvium-deposit Accession-Accesory

2. Succession (Article 774, 777 NCC)

3. Donation (Article 725 NCC)

- Arangote v. Maglungob GR 178906 Feb 18, 2009

4. Sale (Article 1458 NCC)

- Naranja v. CA GR 160132 April 17, 2009

- Claudel v. CA GR 85240 July 12, 1991

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 5. Prescription (Article 1106, 1117-18; Article 1137, NCC)

Title by prescription- oceen under a claim of ownership

Except
1. Registered lands
2. Certain types of public lands

Laches- effect of delay; question of inequity, equity

Prescription- fact of delay; matter of time, law

- Beinvenido v. Gabriel GR 175763, April 11, 2012

- Sps. Aguirre v. Villanueva, GR 1698898 October 27,
2006
- Heirs of Arzadon-Crisologo v. Ranon GR 171068
September 5, 2007

d. Disposition under other laws

i. Escheat (Rule 91, Special Proceedings, Article 1011-1014 NCC)

ii. Eminent Domain (Section 9, Article III 1987 Constitution)

iii. CARP (RA 6657)