University of Santo Tomas

Faculty of Civil Law

LAND TITLES AND DEEDS

(PD No. 1529)

Justice Oswaldo D. Agcaoili

COURSE OUTLINE (2)

Chapter V
SUBSEQUENT REGISTRATION

I. VOLUNTARY DEALINGS WITH REGISTERED LANDS

GENERAL PROVISIONS

1. Conveyance and other dealings by registered owner (Sec. 51)

 Formal requirements
 Difference between contract of sale and contract to sell
2. Constructive notice upon registration (Sec. 52)
 Purchaser is not required to explore further than what title indicates for hidden
defects
 When purchaser should investigate
 Rule on good faith applicable to lessees and mortgagees
 Banks, investment and realty corporations required to exercise more care and
prudence than private individuals in dealings even with registered lands
 Registration of voluntary and involuntary instruments affecting registered land
distinguished
3. Presentation of owner’s duplicate upon entry of new certificate (Sec. 53)
 Surrender of owner’s duplicate certificate is authority for the Register of Deeds to
enter registration
 Remedy in case of refusal or failure to surrender owner’s duplicate certificate
(Sec. 107)
 Generally, a forged deed is a nullity and conveys no title
 But a forged deed may the basis of a good title in the hands of a bona fide
purchaser
 Mortgagee in good faith
 Remedy of the aggrieved party
4. Cases/Statutes
 Roque v. Aguado, GR No. 193787, April 7, 2014
 Bernabe v. Court of Appeals, GR No. 154402, July 21, 2008
 Unchuan v. Court of Appeals, GR No. 78775, May 31, 1988
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 Arguelles v. Malarayat Rural Bank, GR No. 200468, March 19, 2014

 Duque-Rosario v. Banco Filipino Savings and Mortgage Bank, GR No. 140528,
Dec. 7, 2011
 Cano v. Cano, GR No. 188666, Dec. 14, 2017
 Calma v. Lachica, GR No. 222031, Nov. 22, 2017
 Sarili v. Lagrosa, GR No. 193517, Jan. 15, 2014
 Sunshine Finance and Investment Corporation v. Intermediate Appellate Court,
GR Nos. 74070-71, Oct. 28, 1991
 Cruz v. Bancom Finance Corporation, GR No. 147788, March 19, 2002
 Garcia v. Court of Appeals, GR No. L-489871, Jan. 22, 1980
 Durawood Construction and Lumber Supply, Inc. v. Bona, GR No. 179884, Jan.
25, 2012
 Solivel v. Francisco, GR No. 51450, Feb. 10, 1989
 Philippine National Bank v. Court of Appeals and Chu Kim Kit, GR No. 43972,
July 24, 1990
 Guaranteed Homes, Inc. v. Valdez, GR No. 171531, Jan. 30, 2009
 Penullar v. Philippine National Bank, GR No. L-32762, Jan. 27, 1983
 Saberon v. Ventanilla, GR No. 192669, April 21, 2014

(A) Conveyances and Transfers

1. Procedure in registration of conveyances (Sec. 57)

2. Procedure where conveyance involves portion of land (Sec. 58)
 Carry over of encumbrances

(B) Mortgages and Leases

1. Mortgage or lease of registered land (Sec. 60)

 Essence and object of a mortgage
 Requisites of mortgage
 Mortgage lien is a right in rem which follows the property
 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
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 Redemption
 Consolidation of ownership
 Writ of possession
o Issuance of writ ex parte and ministerial
o When not ministerial
5. Cases/Statutes
 Dadis v. De Guzman, GR No. 206008, June 7, 2017.
 Claudio v. Saraza, GR No. 213286, Aug. 26, 2015
 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

C. Powers of Attorney; Trusts

1. Power of attorney (Sec. 64)

2. Trusts in registered land
3. Cases/Statutes
 Narvasa v. Imbormal, GR No. 182908, Aug. 6, 2014
 Tong v. Go Tiat Kun, GR No. 196023, April 21, 2014
 Iglesia Filipina Independiente v. Taeza, GR No. 179597, Feb. 3, 2014
D. Innocent Purchaser for Value

1. Purchaser in good faith

 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”)
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 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/Statutes
 Yap v.Republic, GR No. 1998l0, GR No. 199810, March 15, 2017.
 Peralta v. Abalon, GR No. 183448, June 30, 2014
 Go Piao v. Metrobank, GR No. 188931, July 28, 2014
 Dadis v. De Guzman, GR No. 206008, Jnne,2017
 Philippine National Bank v. Vila, GR No. 213241, Aug. 1, 2016
 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

II. INVOLUNTARY DEALINGS

1. Attachments (Sec. 69)

2. Adverse claim (Sec. 70)
 Requisites
 Adverse claim not ipso facto cancelled after 30 days; hearing necessary
3. Surrender of certificate in involuntary dealings (Sec. 71)
4. Dissolution of attachments or liens and registration thereof
5. Notice of lis pendens (Sec. 76)
 Effect of notice
 Cancellation of lis pendens
6. Cases/Statutes
 Cathay Metal Corporation v. Laguna West Multi-Purpose Cooperative, GR No.
172204, July 2, 2014
 Peralta v. Abalon, GR No. 183448, June 30, 2014
 Ching v. Enrile, GR No. 156076, Sept. 17, 2008
 Sajonas v. Court of Appeals, GR No. 102377, July 5, 1996
 Marasigan v. Intermediate Appellate Court, GR No. L-69393, July 23, 1987
 Carrascoso v. Court of Appeals, GR No. 123672, Dec. 14, 2005
 Top Management Programs Corp. v. Fajardo, GR No. 150462, June 15, 2011
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 Yared v. Ilarde, GR No. 114732, Aug. 1, 2000

 Gonzales v. Marmaine Realty Corporation, GR No. 214241, Jan. 13, 2016.

CHAPTER VI
REGISTRATION OF JUDGMENTS;
ORDERS; PARTITIONS

1. Judgment for Plaintiff (Sec. 78)

2. Judgment adjudicating ownership (Sec. 79)
3. Execution of deed by virtue of judgment (Sec. 80)
4. Judgment of partition (Sec. 81)
5. Notice of insolvency (Sec. 83)
6. Land taken by eminent domain (Sec. 85)
7. Extrajudicial settlement of estate (Sec. 86)
 Requirement of publication
8. Filing of letters of administration and will (Sec. 87)

CHAPTER VII
ASSURANCE FUND

1. Action for compensation from funds (Sec. 95)

 Requisites for recovery
 Against whom claim for damages may be filed
 Prescriptive period
2. Cases/Statutes
 Stillianopoulos v. Reegister of Deeds, GR No. 224678, July 3, 2018
 Blanco v. Esquierdo, GR No. L-15182, Dec. 29, 1960
 Joaquin v. Madrid, GR No. L-13551, Jan. 30, 1960
 Treasurer of the Philippines v. Court of Appeals, GR No. L-42805, Aug. 31, 1987
 Torres v. Court of Appeals, GR No. 63046, June 21, 1990
 Eagle Realty Corporation v. Republic, GR No. 151424, July 4, 2008
 Guaranteed Homes, Inc. v. Valdez, GR No. 171531, Jan. 30, 2009

CHAPTER VIII
REGISTRATION OF PATENTS

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
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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/Statutes
 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,
AFFIDAVIT OF NON-TENANCY

1. Provisional register of documents (Sec. 104)

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2. Certificates of Land Transfer, Emancipation Patents (Sec. 105)

3. Sale of agricultural land; affidavit (Sec. 106)

CHAPTER X
PETITIONS AND ACTIONS AFTER ORIGINAL REGISTRATION

1. Surrender of withheld duplicate certificates (Sec. 107)

2. Amendment and alteration of certificates (Sec. 108)
 Petitions or motions after original registration shall be filed and entitled in the
original case in which the decree of registration was entered
 Grounds for the amendment or alteration of a certificate of title
 Rule under Sec. 108, in relation to Sec. 2, PD No. 1529: court may now hear both
contentious and non-contentious cases
 No amendment or alteration of decree is permitted except upon order of the court
 Court may hear and determine all questions, contentious or not, and only after
notice to all parties in interest
3. Notice and replacement of lost duplicate certificate (Sec. 109)
 Petitions or motions shall be filed and entitled in the original case in which the
decree of registration was entered
4. Judicial reconstitution of lost or destroyed original of Torrens title
 Governing law for judicial reconstitution of titles: RA No. 26, an action in rem
 Reconstitution denotes restoration of the lost title in its original form and
condition
 Sources of reconstitution
o For original certificate of tile
o For duplicate certificate of title
o For liens and encumbrances
o Meaning of “any other document”
 Petition for reconstitution shall be filed with the regional trial court of the
province or city where the land lies
 Courts cautioned to be careful in granting petitions for reconstitution
5. Administrative reconstitution (RA No. 6732, approved on July 17, 1989. Section 1
amends Section 110 of PD No. 1529)
 Requirements
6. Cases/Statutes
 Cabanez v. Solano, GR No. 200180, June 6, 2016
 Bagayas v. Bagayas, GR No. L-29613, Sept. 18, 1984.
 Republic v. Susi, GR No. 213209, Jan. 16, 2017.
 Santos v. Cruz, GR No. GR No. L-28612, Aug. 30, 1973.
 Averia v. Caguioa, GR No. L-65129, Dec. 29, 1986
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 Sebastian v. Cruz, GR No. 220940, March 20, 2017.

 Ligon v. Court of Appeals, GR No. 107751, June 1, 1995
 Oppen v. Compas, GR No. 203969, Oct. 21, 2015
 SM Prime Holdings, Inc. v. Madayag, GR No. 164687, Feb. 12, 2009
 Paz v. Republic, GR No. 157367, Nov. 23, 2011
 Republic v. Tuastumban, GR No. 173210, April 24, 2009
 Ragua v. Court of Appeals, GR No. 88521, Jan. 31, 2000
 Republic v. Vergel de Dios, GR No. 170459, Feb. 9, 2011
 Republic v. Lorenzo, GR No. 172338, Dec. 10, 2012
 Republic v. Intermediate Appellate Court and Kiram, GR No. 68303, Jan. 15,
1988
 Republic v. Catarroja, GR No. 171774, Feb. 12, 2010
 Tahanan Development Corporation v. Court of Appeals, GR No. 55771, Nov. 15,
1982
 Alabang Development Corporation v. Valenzuela, GR No. 54094, Aug. 30, 1982
 Serra Serra v. Court of Appeals, GR No. 34080, March 22, 1991
 Puzon v. Sta. Lucia Realty and Development, Inc., GR No. 139518, March 6,
2001
 Manotok v. Barque, GR No. 162335, Dec. 18, 2008, Aug. 24. 2010, March 6,
2012

CHAPTER XV
CONSULTAS

1. Duty of Register of Deeds to register document presented for registration is ministerial

(Sec. 10)
2. Reference of doubtful questions to the LRA via consulta; procedure (Sec. 117)
3. Cases
 Gurbax Singh Pabla and Co. v. Reyes, GR No. L-3970, Oct. 29, 1952
 Alfonso v. Office of the President, GR No. 150091, April 2, 2007
 Castillo v. Republic, GR No. 182980, Jun 22, 2011
 Almirol v. Register of Deeds of Agusan, GR No. L-22486, March 20, 1968
 Office of the Court Administrator v. Matas, A.M. No. RTJ-92-836, Aug., 1995