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Atty. Palabrica’s Lectures “All lands of the public domain, waters, minerals, coal petroleum, and other mineral oils, all forcer of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development, and utilization of natural resources shall be under the full control and supervision of the state. The state may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least 60% of whose capital is owned by such citizens. Such agreements may be for a period not exceeding 25 years, renewable for not more than 25 years, and under such terms and conditions as maybe provided by law…”
Spanish Influence – Legal significance to ownership of the land • Regalian Doctrine – all lands are owned by the State How lands were owned during the Spanish Era 1. Titulo Real (Royal Title) – Land is given to Spanish people to encourage them to settle in the Philippines. Among those granted are: a. Discoverers b. Settlers 2. Special Grant – Grant given by the governor assigned in the Philippines. No special law is required to empower governor to grant. 3. Adjustment Title – given to a person who has ownership of land but the land was not defined. By virtue of such, he acquires ownership of encroached land. 4. Title of Purchase – applicable to lands of public domain 5. Possessory Information Title – title showing possession of land
Exceptions to Regalian Doctrine: 1.) Religious and ecclesiastical properties are not owned by the State. Such are held IN TRUST by these religious organizations. (Bishop of Cebu vs Mangaron) 2.) Native title - lands owned by indigenous people since time Immemorial. RA 8173 or IPRA of 1997. (Cruz vs. DENR)
Regalian Doctrine – Enshrined in the Constitution. Section 2, Article 12
P.D. 1529 Property Registration Decree – codifies all other laws pertaining to title registration as it supersedes the same. However, all other laws not inconsistent are still applicable.
Land Titles and Deeds Reviewer 2009
Torrens System It is Judicial in character and not merely administrative in nature. It provides for a system for the registration of titles to lands whereby the official certificate will always show the state of the title and the person in whom it is vested. Real purpose of Torrens system is to quiet title to land and to stop forever any question as to its legality. It does not vest title it merely confirms and records title already existing and vested. Origin 1. Spanish Mortgage Law of 1893 – provided for a systematic way of Registering titles 2. Act 926 of 1903 – otherwise known as First Public Land Law. Applicable to Public Lands. SUBSTANTIVE. Among its functions are: a. b. c. d. e. • Providing for Homesteading Issuance of Patents Completion of imperfect title System of Sales and Lease Rids of Spanish concession Act 2874 of 1918 – Amendatory act of Act 926. a. Description: i. Government issues official certificate showing ownership of title ii. Subjects the same to liens or encumbrances iii. Indefeasible iv. Incontrovertible after one year b. Principles: i. Best evidence of ownership ii. Notice for the whole world that the property belongs to the owner. iii. Any claim over the land before issuance of the Torrens title is deemed barred. iv. Imprescriptible – squatters will not acquire ownership through prescription • • Every person registering in good faith and for value need not go beyond the title. Person who fraudulently registers the land in his name is holding the property as a trustee and aggrieved party has option to recovery. inspired by the Merchant Shipping Registration, and applied the same to Land Registration
4. Act 141 of 1936 – Amended 1903 Torrens System. More substantial than procedural 5. Act 496 – Land Registration act of 1903. PROCEDURAL. In a nutshell: Act 926 provided for the substantive requirements seen in PD 1529, while Act 496 enumerated the procedures to be undertaken.
3. Torrens System of 1903 – Otherwise known as Land Registration Act. Copied verbatim the 1898 Torrens System of Massachusetts by Robert Torrens, a South Australian Registrar of Deeds. He was said to be
Land Titles and Deeds Reviewer 2009 • 6. P. Sec. all interested parties may oppose. 3 – Spanish Mortgage Law is discontinued. • DOJ – LRA – R.I. o A forged document may be the root of a valid title when sold to an innocent purchaser for value.000. Otherwise known as Property Registration Decree. • Courts of First Instance/ RTC has exclusive jurisdiction 1. the case may be delegated if the parties agree • The Torrens Title though indefeasible is not a shield of fraud. o One Registry of Deeds for each province o One Registry of Deeds for each City MAJOR STEPS IN REGISTERING LAND I. o He who registers first is preferred as far rd as 3 persons are concerned o As between two certificates of title pertaining to the same land. As between 2 innocent purchasers – the one who caused the wrong shall bear the loss. all lands without Torrens Title are deemed unregistered. Sec. • Pursuant to SC Administrative Circular 6-93-A. Value is determined by affidavit of claimant or declared value.D. Initiated by the President as instructed by him. Filed in proper C. Who may apply.D. APPLICATION Sec 14-22 PD 1529 Section 14. Sec. 7. 2 Nature • In Rem or Against the whole world – through notice of publication.F. Cadastral Act of 1913 – Derived from the opinions of the President.O.4-13 – Agencies/Offices that control Torrens system. of 1995: o If the case is filed before the effectivity of the circular. 1529 – The mother load. the case may be delegated o If the hearing has started. – subject to provisions of Judiciary Act of 1980 as amended by RA 7691 There Could be a delegation of jurisdiction when: • There is no controversy • The value of Land is less than P100. o Forgery must show that the name of the supposed owner was changed to the name of the forger. and there has been NO HEARING yet. The following persons may file in the proper Court of First Instance an application for registration of title to land. whether personally or through their duly authorized representatives: 3 Party-duh . the earlier certificate prevails.
the owner may be given ad GOVERNMENT grant.) • Filipino Citizen Can a corporation be an applicant for registration of land? – Corporations cannot own lands of Public Domain therefore cannot be an applicant for original registration. all the co-owners shall file the application jointly.Land Titles and Deeds Reviewer 2009 (1) Those who by themselves or through their predecessors-in-interest have been in open. This is because the moment all the requisites or application are complied with. the latter may become an owner. • Pertains to Original registration – Involves land of public domain that are alienable. 1945. that should the period for redemption expire during the pendency of the registration proceedings and ownership to the property consolidated in the vendee a retro. the vendor a retro may file an application for the original registration of the land. o BUT Filipino Corporations can own private lands if land has already been registered. So what are you waiting for? ☺ • • • Applicant Requisites: 1. (2) Those who have acquired ownership of private lands by prescription under the provision of existing laws. If owned previously by a private individual. 2020 to perfect imperfect titles. Section 14 is a colorable right June 12 1945 does not pertain to the status of “Alienable and Disposable” but rather to the Bona Fide Ownership. exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12. (3) Those who have acquired ownership of private lands or abandoned riverbeds by right of accession or accretion under the existing laws. the latter shall be substituted for the applicant and may continue the proceedings. provided. however. then sold to a Filipino Corporation. its purpose is to perfect the imperfect title held by the possessor. Where the land is owned in common. (4) Those who have acquired ownership of land in any other manner provided for by law. We have until December 31. continuous. A trustee on behalf of his principal may apply for original registration of any land held in trust by him. unless prohibited by the instrument creating the trust. or earlier. Where the land has been sold under pacto de retro. (Republic vs Sineza) In fact the corporation may continue the application proceedings when upon the original registration of the owner 4 Party-duh .
exclusive and notorious under a bona fide ownership since June 12. Lipana) 3.) Not casual. such land becomes a private land. Sec. 15 .) Alien through hereditary succession 3. (Republic vs. 1945. that it is not important that the status of “Alienable and Disposable” need not be since June 12. June 12. 1945. 1945.10 years 2. Naguit) o • o • Who may acquire private lands? 1. (Director of Lands vs. BUT Foreign Corporations cannot own public or private lands. (Republic vs.) Filipino Citizen 2. Only Agricultural Lands Only Agricultural Lands may be Alienable. whether registered or not.Land Titles and Deeds Reviewer 2009 of the land. it still cannot be registered since the land was not being occupied through a bona fide claim. nor merely for cultivation. 16 – Non –Resident Applicant 5 Party-duh . Foreigners cannot own lands in the Philippines. (Rivenco vs Registry of Deeds) • If land is not Alienable but occupied for a long time.) Must be open.) Filipino Corporation 4.Form • • • • • • Signed Writing Under oath State the description of the Land Civil Status Owners of Adjoining Lots Sec. o Only the President and other subordinate executive departments may declare land alienable – the Courts do not have such power. ACME Mineer and Plywood Company).) Filipino who has lost citizenship – pertains to time when property was acquired and not during registration.) Must have by themselves or through their predecessors in interest possessed and occupied alienable and disposable land. • • Unclassified Lands cannot be disposed. continuous. Application must be filed in the proper RTC • Applicable only to untitled lands o Prescription: Extraordinary – 30 years Ordinary . not pertaining to status. • • 4. Occupation of Predecessor-in-interest is TACKED to the applicant.
Mailing to Persons named in the application ii. Commissioner of Land Registration causes mailing c. Amendments to application may be done with or without publication. Sec. • • RTC Sec. expanding boundaries. Hearing shall not be held earlier than 45 days and later than 90 days from the publication of initial hearing. 22 – Pending Registration • If application is on going. DPWH. Court orders the publication c. Director of Fisheries and Aquatic 6 Party-duh . Sol-Gen. As a result. Mayor – if adjoining a public road iii. Nature of proceeding is in rem 1. Within 7 days after publication of said notice in O. court may approve or issue a reconveyance. Publication a. Governor. applicant may deal the land but must attach the instrument and state the relief/ prayer. o Substantial amendments such as inclusion of additional land requires republication. Within 5 days upon receipt of application. What to Mail – Notice of initial hearing d. not the application for registration. Mailing a. because of its limited circulation. b.G. it is not valid unless published. DPWH.G. II. Director of Lands. 17 – Where to File Sec.e. Who to mail: i. o Exclusion of land is not substantial. Director of Forest Development. Once in Official Gazette and once n Newspaper of General Circulation 2.Land Titles and Deeds Reviewer 2009 • Apply through Representative d. Minister of Agrarian Reform. • Sec. PUBLICATION AND NOTICE Sec. 23 PD 1529 • • What is being published is the order of the initial trial. Director of Mines. 19 – Amendments • If amendment is substantial i. 18 – Application for 2 or more parcels of land • Possible if located in the same place • • Purpose of publication is two-fold o To confer jurisdiction to the court o Serve as a notice to all those concerned of such registration Publication is mandatory and jurisdictional Purpose of publication in Newspaper of General Circulation to reach audience not reached by publication in O. b.
what to prove? 1. 14 3. Affidavit of OG ii. Copy of OG 4. Copy of NPGC 2. Imperfect title pursuant to Sec. OPPOSITION Sec. • • • 7 Party-duh . A private individual may not represent the government. Posting a. Land is alienable and disposable 1. Posted in a conspicuous place on each parcel of land included in the application and on the bulletin board of municipal building. Caused by the Sheriff c. b. Mailing 1. The court has jurisdiction 2. Publication 1. 25 PD 1529 • Any person who has interest in the property or those mentioned in the notice may be an oppositor. Certification of the Sheriff 2. 3. Survey and Description by Bureau of Land Management III. HEARING Sec. Within at least 14 days before the date of initial hearing. Posting 1. hence all others who do not file their respective oppositions are declared in Special default. The identity of the Land 4. o He must rely on the strength of his evidence and not on the weakness of the oppositor. Affidavit of LRA iii.) How to prove jurisdictional area? i.) How to prove ownership? i.) How to prove Land Identity? i.Land Titles and Deeds Reviewer 2009 Resources – If land borders on a body of water • Mailing is binding despite failure of giving personal notice since nature of proceeding is in rem • Default does not automatically relieve the applicant the burden to prove ownership over such property. There are two types of default o o General – no opposition was filed by anyone Special – an opposition was filed by an aggrieved party. 27 PD 1529 A. but may delegate such power to prosecutors. IV. The Solicitor General may represent the Government in such opposition. Affidavit of the Editor 3. Involves the presentation of evidence. Applicant is the Owner 3.
Forest Lands 3. Reclamation – only National Government may reclaim. Reclaimed lands cannot be subject to private ownership except through CONGRESSIONAL law. • Only public lands may be subject to cadastral proceedings VI. Garcia) Only the president has the power to Declassify • Public Property – May be disposed of by government. land of public domain which may be subject to alienation Government Property – Cannot be subject to sale.e. ISSUANCE OF DECREE OF REGISTRATION Sec. the Land Management approves subdivision plan. or through executive department. Two Types of Judgment 1. 31 PD 1529 A. and even so. The LRA issues decree of registration bearing the date.e. (Laurel vs. VII. 28 PD 1529 A. Watershed 4. JUDGMENT Sec. And SIGNED by the commissioner. i. Foreshore Lands 2.) Partial – a portion is being contested i. as in required to submit documents from time to time. Executive orders 3. Circulars V. hour and minute of its entry.Land Titles and Deeds Reviewer 2009 4. Mangrove Swamps 6. directs the LRA to issue the decree of Registration B. 2. • Clerk of Court delivers decision to LRA NON-REGISTRABLE LANDS • • May not be registered regardless of number of years of occupation These are lands devoted to public service or use regardless whether it is abandoned. Original Judicial Registration – forwarded to the Registry of Deeds for the purpose of recording liens. Owner’s Certificate of Title Public Property includes 1. distribution.) How to prove that Land is alienable and disposable? i. Presidential Proclamation 2. Declared by the President. The Court after hearing. (Sec. 8 Party-duh . 1. ISSUANCE OF CETRIFICATE OF TITLE There are 2 certificates issued by the LRA 1. only private citizens may avail.) Conditional – subject to a condition. 25 PD 1529) 2. Military and naval reserves The determining factor is whether it is more valuable to preserve the land or develop. Mangrove forest 5.
Through fraud 4.) Action for Reconveyance – may be filed when a person is holding the property in trust in order to reconvey the land. 5. the property is sold to an innocent purchaser for value. Decision becomes final after 15 days without appeal.) Petition for Review – May be filed by parties deprived of their land by adjudication of title obtained by ACTUAL fraud. B.) Appeal – must be initiated within 15 days after judgment 3. REMEDIES 1. mistake or excusable negligence. petition for relief may be availed of within 60 days. 31 PD 1529.) Damages – May be instituted when after the lapse of one year. Awards of excessive damages 2. He does not need to be an oppositor from the get-go. Fraud. 4. Intrinsic Fraud – acts of a party in a litigation during the trial such as forged instruments. May be availed of even after the lapse of one year. Its purpose is to set aside judgment. Fraud – must be Actual or Extrinsic fraud. Requisites: 1. or perjured testimony which did not affect the presentation of the case but did prevent a fair and just determination of the case. He has been deprived thereof 6. b.Land Titles and Deeds Reviewer 2009 3.any fraudulent act of the successful party in a litigation which is committed outside the trial of a case against the defeated party whereby said defeated party is prevented from presenting fully and fairly his side the case. Aggrieved 9 Party-duh .) New Trial – may be availed of before decision becomes final. In order to transfer title to true owner. Who? Any person including the government deprived of their land may file petition for review. Extrinsic Fraud. accident. The property has not yet passed to an innocent purchaser for A. 5. This decree pertains to that mentioned in Sec. The grounds for new trial are: a. Newly discovered evidence which would alter the result of the trial c. Petition is within one year from issuance of the decree.) Petition for Relief – When decision is final. When? He must file the petition not later than 1 year from the date of entry of decree of registration. not more than 6 months from knowledge. Petitioner has a real and dominical right 2. It does not however change the decree issued as it respects the incontrovertibility of he title.
it shall not be availed of anymore. • Reckoning time – time when the transaction was made. CADASTRAL PROCEEDINGS PURPOSE: • Another means to bring lands under operation of Torrens System • Ordinary registration is slow for lack of initiative on part of landowners. Hence if such defect comes into knowledge. occupants • Parcel of lots given their cadastral numbers 3. Innocent Purchaser for value – one who has no notice that some other person owns the land/property or any defect as to the right of the person owning the property. possessors. 9. innovation was conceived to hasten and accelerate registration • Government initiates that all lands within a stated region are up for registration – whether or not owners are interested to settle their titles NATURE OF PROCEEDINGS: • In rem • No defendant & no plaintiff • Compulsory PROCEDURE: 1. In case of Double sale the rules are: o The one who registers first in good faith is the rightful owner. FILING OF PETITION • After survey and plot been made.) Criminal Action – in the event of perjury 10 Party-duh .) Reversion – An action filed by the government in the event when part of the land awarded is actually non-registrable.Land Titles and Deeds Reviewer 2009 party may file an action for damages against the immediate party causing the sale. 8. • If remedy is used in previous actions. Director represented by Sol Gen institutes cadastral proceeding by filing petition in court against holders. claimants. CADASTRAL SURVEY • Conducted by the Director of Lands 2. HEARING OF CASE • 7.) Action for annulment of judgment or final order – Grounded on Extrinsic Fraud. 10. FILING OF ANSWER • Any person claiming interest in any part of lands subject to petition is required to file answer 5. PUBLICATION OF NOTICE OF HEARING • Court to order date of hearing • LRA to notify public by publishing notice 1x in OG and 1x in newspaper of general circulation & copy mailed to person whose address is known & other copies posted in conspicuous place designated bylaw 4. the buyer has the obligation to go beyond the title. otherwise he will be in bad faith.) Cancellation of Title – An action filed when part of the property awarded is property of other persons. o The one who first possessed the property in good faith is the rightful owner. o The one who presents the oldest title is the rightful owner.
but it has to be authenticated first by the Ambassador by putting a seal and signing the instrument When is it deemed registered? 1. DECISION • Claimants are notified of decision 7. Collateral Attack • • Direct – filing an action to annul the judgment Collateral – Praying for a relief other than annulment. Those arising under the laws and Constitution which are not require to appear of record in order to be valid 2. ISSUANCE OF DECREE AND CERTIFICATE OF TITLE • Upon order of court. Submit a written request to the Register of Deeds 2.Land Titles and Deeds Reviewer 2009 In any convenient place where land lies Like an ordinary RTC trial Conflicting claims are determined Lots claimed are awarded to persons entitles – if they could prove title • If none could prove title – land is declared public domain 6. Any disposition of the property or limitation on the use pursuant to Agrarian Reform Sec. Unpaid real estate taxes levied and assessed within 2 years immediately proceeding the acquisition of any right over the land by innocent purchaser for value without prejudice to right of government to collect taxes payable from that period 3. LRA to enter decree of registration • Decree made basis for issuance of OCT • • • • Sec. questioning the validity is incidental CERTIFICATE OF TITLE Sec. Public highway or private way established before the registration 4. no need for hearing • Purpose – to provide for separate certificates of title to several distinct parcels of land covered by only one Certificate of Title Steps: 1. Sale has been entered 3. ROD will issue several certificates of title Sec. OCT surrendered • 11 Party-duh . 48 Direct vs. 44 Statutory Liens affecting title – holder shall hold the title free from all encumbrances except those noted on said certificate and any of the following encumbrances which may be subsisting namely: 1. Submission of Deed of Sale 2. ROD will cancel Owner’s duplicate certificate and Original Certificate 4. 49 Splitting of Title – Administrative Proceeding. 46 General Incidents of Registered Land Does not relieve registered land from any burdens. 50 Subdivision and Consolidation – Same as Splitting • Subdivision plan may become a judicial proceeding only when 2 people do not agree to divide the land SUBSEQUENT REGISTRATION Voluntary – Upon the parties’ choice Involuntary – Even against the will of the party • Is a contract of Sale executed abroad valid in the Philippines? Yes. Surrender Owner’s duplicate certificate 3. Sec 47 Registered land not subject to prescriptions Sec.
Need not be notarized. 2. Sec. 59 Conveyance is a Lien. Mortgagor is the Absolute Owner • Third persons may mortgage in favor of a debtor if the former are not part of the principal obligation 3. Owner’s Duplicate Certificate of Title Sec. 58 If only a portion of Land is to be conveyed Seller must make a Survey Plan: 1. Stating the technical description of the Land to be conveyed 2. Submit to the Register of Deeds The owner has two Options 1. To have 2 separate Titles. Owner’s Duplicate Certificate After registration. Mortgagor has free disposal of the property Characteristics: 1. Sec. hence there is no need of a new title. What is required is an annotation. 56 Primary Book – Records of all instruments including writs and processes pertaining to Registered Land. It is to guarantee fulfillment of a principal obligation 2. VOLUNTARY DEALINGS Sec. Payment of filing fees Actual issuance of Certificate is not the date of registration. or Requisites: 1. 60 MORTGAGE Mortgage is not equivalent to Ownership. Mortgage is a security. a contract to guarantee fulfillment of a principal obligation. it is possession less than ownership.Land Titles and Deeds Reviewer 2009 • 4. it retroacts to the date it is entered in the day books 2. Deed of Conveyance a. deed is a private contract between the vendor and vendee b. 57 CONVEYANCE How to Register: Secure and Submit 1. Approved by the Land Management Bureau 3. the title to the portion of the land conveyed Sec. the Register of Deeds will issue new certificates 1. Constituted on a Real Property Real Contract Indivisible Inseparable 12 Party-duh . To have a new title therefore. it subsists and carried over to the new title. 3. Notarization is a requirement only to bind third persons 2. 4. Original Certificate of Title 2.
Real Estate Mortgage Differences 1. is B’s portion affected? Yes. another instrument extending the period of the redemption or granting a new period is executed. In Real Estate Mortgage. Equitable Mortgage 1. it does not transfer ownership or possession. In any other case where it may be fairly inferred that the real intention of the parties is that the transaction shall secure the payment of a debt or the performance of any other obligation. Limitation on Ownership 6. Chattel vs. Due to the characteristic of Indivisibility. Redemption possible in Real Estate 4. FORECLOSURE Sec. When the vendor binds himself to pay the taxes on the thing sold. Accessory Contract 3. Real Estate – On an Immovable 3. When the vendor remains in possession as lessee or otherwise. SC: Equitable Mortgage is not a mortgage in form. if a property is mortgaged and henceforth mortgaged again. 6. 63 Judicial . When the price of the sale is unusually inadequate. Antichresis – possession of land transferred to someone but in favor of another person. 5. When upon or after the expiration of the rights to repurchase. Redemption – No redemption on Chattel Mortgage. there is no Accessory contract as in the case of the mortgage conract. Accessory If there is no principal contract. but is still a mortgage regardless of the name of the agreement.General Rule is that there is no RIGHT of Redemption Extra Judicial – RIGHT of Redemption is available 13 Party-duh . 2.Land Titles and Deeds Reviewer 2009 5. balance may be collected The Mortgagor retains the possession because ownership is not mortgaged. 4. Inseparability A Mortgage Lien is inseparable from property. the Lien on the property still subsists. Thus. Indivisibility If A mortgaged his part of the land in favor of a Mortgagee. in terms of deficiency. Chattel – A mortgage on a Movable Property 2. such in the case of a contract of Loan. When the purchases retains for himself a part of the purchase price.
not both • Separate civil action waives potential right afterwards JUDICIAL FORECLOSURE Steps: 1. Seek for deficiency judgment • Creditor may only choose 1 remedy. Equity Redemption. 63 of 1529 3. Filing of an Answer by those who have interest on the land • If the property is redeemed. property cannot be redeemed except through EQUITY redemption.Governed by Sec. Foreclose the Mortgage 2. Banking Institutions 2. 68 of the Rules of Court Extra-judicial – Governed by Sec. hence they cannot be a bidder in an auction sale. File a complaint in the RTC where the land is situated a. Rural Banks 4. How to Discharge Mortgage 1. exceptions: 1. The Register of Deeds will cancel the annotation Judicial . All who has interest on the land are included as party 2. Order confirming the sale 9. Banking and Financial Insitutions • If the following are mortgaged individually. Determine the amount of the loan that is due 4. DBP 3. Judgment 5. Get a Release order or a document pertaining to such discharge from the mortgagee 2. made within 1 year from the confirmation of the Sale • • • • • When the debtor fails to comply with the principal obligation. Redemption if available • Generally none in Judicial Foreclosure. Auction Sale 6. May and alien be a mortgagee? Yes and may even foreclose. but they cannot own. the remedies are: 1. Hearing a. the ownership retroacts to the date of the actual sale 14 Party-duh .Land Titles and Deeds Reviewer 2009 • There is no need to cancel the title and mortgagee may even register without the consent of the mortgagor. Hearing for confirmation of Certificate issued by the Sheriff 8. Certificate of Sale issued by the Sheriff 7.
Actual Auction sale a. File for foreclosure of mortgage with RTC where the land is situated through the Clerk of Court acting as the exofficio Sheriff. The deed shall be registered. • The deed of sale is NOT absolute because there is still a right of redemption • • • • Section 64. If the sale did not push through. otherwise it cannot be used. The Sheriff issues the certificate of Sale o the highest Bidder 6. the Junior Mortgagee has a right to REDEEM. 2. • The SPA in order to take effect must be annotated to the title and Registered. Mortgagee executes the deed of Sale. more specifically in dealings with Real Estate. the Sheriff the conducts the auction sale 5. is to mortgage.A. Steps: 1. does it include the authority to sell? Yes. in spite of the demand made by the creditor the debtor fails to comply. within 1 year from the time the certificate of Sale is registered. Reason behind this is the Special Power of Attorney authorizing the sale in case of default. Reference must be made to the stipulation inserted in a mortgage authorizing the sale in case of default. authority is implied Mortgagee executes the Deed of Sale Sheriff conducts the auction Sale st Senior Mortgagee (1 ) has a better nd right than the Junior mortgagee (2 ) When property is foreclosed. New Certificate of Title is issued There is a RIGHT of Redemption. 3. NOT to RETAIN • EXTRA-JUDICIAL FORECOLOSURE Allowed only if stipulated by the parties and expressly provided by law. Clerk of Court dockets and returns to examine the application for Extra-Judicial foreclosure. there is a need for republication of the notice b. Raffle. • If the only stipulation in the S. INVOLUNTARY DEALINGS Involves Involuntary Documents 15 Party-duh . Certificate of Title shall be cancelled. mortgagee may execute the absolute deed of sale Upon Execution: 1. 2.Land Titles and Deeds Reviewer 2009 • If the property is not redeemed upon the expiration of the period. Publication of Notice of Auction Sale in 3 conspicuous places 4. When is there default? When the obligation becomes due. Special Power of Attorney SPA – Authoriing a person to do a particular act. after receiving the Filing Fee 3. The Sheriff records the bidding c.P.
knowledge after the levy is equivalent to registration Although the knowledge came after the Levy. refers to money deposited in the bank. Leave order with the Occupant • • B. Notice that the property is Attached 3. Garnishment – attachment of money in possession of 3 party.Attachment initiated at the time of filing the case. he was still in good faith. (DBP vs. Secure order of attachment with description of property from the Register of Deeds 2. • A. ROD of Nueva Ecija) 16 Party-duh . Family Home exempt from Execution • Preferential Right – Determine the date of Registration of Attachment as it retroacts to the date of attachment of lien. Attachment 2. at the time of the sale. • rd Adverse Claim Purpose: • • To apprise a third person of such claim Protect Interests of the adverse complainant Involuntary dealings are deemed registered upon entry in the Day Book. Purpose of registration is to determine who has a better right.Land Titles and Deeds Reviewer 2009 • Cooperation of the owner is nor necessary. Levy – to go after the property for payment of debt C. It must be referred back to the date of registration of attachment. Adverse Claim • Although they are not registered. ROD may refuse to register if it cannot be levied. Examples: 1. Lis Pendens 3. (Sec. CA 459 2. Not all property are subject to Levy or Attachment. Debtor Absconds • Attachment must be registered to have a preferential right over other creditors • In the event that a favorable decision is rendered. 69) Grounds: 1. and may even be done against his will 1. Preliminary attachment . it is in this light that although the ROD’ s duty is ministerial. purchaser may still be considered innocent purchaser for value since. the debt is paid from the property attached Steps: 1. Debtor is Insolvent 2.
Actual physical possession. there is no other way to protect your interest. The lifespan of and adverse claim is 30 days.If public Land is granted to a private person. PATENT WHEN IS GOVERNMENT GRANT DEEMED ACQUIRED BY OPERATION OF LAW: 1. despite a notice of adverse claim cannot be subject to acquisitive prescription Action of Sum of Money – no requirement of Lis Pendens Sum of money with Prayer for Attachment a. Registered with Register of Deeds – mandatory: operative act to convey & transfer title 3. there should be no Lis pendens since attachment is merely incidental. title is indefeasible Terms: Emporium – power to govern subjects by the government Dominium – Power to use. dispose of natural resources. The Deed of Sale cannot be registered as an adverse claim. lands. not owned Public Land – Disposable or Alienable Ancestral Domain – belongs to the indigenous Delos Angeles vs. the dissolution of marriage will affect the property rights of the spouses • 17 Party-duh . Example: 1. Lis Pendens is necessary because the property is directly affected. after which. • • Lis Pendens – “Pending Suit” • • If case is directly related to property. it will affect the property If the case is directly affecting the land. Santos . as it cannot be registered in any other provision ex: 1. it is not automatically cancelled Registered land. by the state Public Domain – Unappropriated. Based on the opinion of Consulta. Deed of conveyance issued by government patent/grant 2. the patent is null and void.Land Titles and Deeds Reviewer 2009 • Characteristics: • • • • Claim must be adverse to registered land Claim should arise subsequent to the original registration Claim is last resort. it must be registered as Lis Pendens. Action for Declaring the Nullity of Marriage a. open & continuous • Land ceased to be part of public domain & now ownership vests to the grantee • Any further grant by Government on same land is null & void Upon registration.
if the conveyance is made without the approval of the secretary of DENR. (Mandatory) o There shall be no valid conveyance within 5 to 20 years from approval. 14) Title issued pursuant to registration of patent is indefeasible when registered. PD 1529 applies when the subject matter is aprivate land by virtue of an imperfect title. Notice of intention of the applicant must be submitted. (Directory) EXCEPTIONS: • 1. if the same dies. the requirement to undergo the Torrens system still persists. and also the submission of Final proof of Possession of 1 year. Within 6 months after approval. File a case with the Land Management Bureau 2.Land Titles and Deeds Reviewer 2009 • Both Public Land Act and Torrens system are not binding unless registered. Upon approval. at it is deemed incorporated with Torrens system. Redeem within 1 year from approval of the sale 18 Party-duh . 1/5 of the land should be cultivated. notwithstanding. it shall be transferred to his heirs. Those conveyed in favor of the Government • • • HOMESTEAD PATENT Aims: • Benevolent intention of government to distribute disposable agricultural land to destitute citizens for their home and cultivation As a matter of public policy. 1 year after issuance of patent 1. Survey shall be conducted 6. 118 of Public Land Act o Land cannot be alienated or conveyed within 5 years after the approval of the application for patent. Those conveyed under the Rural Bank Laws 2. 4. This. The proceeding in Homestead patents is administrative in nature. applicant will be authorized to take possession 3. Right of Repurchase may be availed of within 5 years from the execution of the deed of conveyance Mortgage: o If it is extra-judicial foreclosure. may be repurchased even if after 5 years provided not for profit Right of repurchase not allowed if sold within family & not for cultivating or living but for speculation purpose Procedure: • RIGHT OF REPURCHASE • • • The Land belongs to the Patentee. (Sec. Patent shall be sent after payment of the fees RESTRICTIONS: Sec. 5.
• • AGRARIAN REFORM LAW P. o CLOA is equivalent to Emancipation Patent. Disregard the action hence becoming a beneficiary If land owner had already acquired 7 hectares from PD 27.5 Ensure that the landowner will not be deprived of compensation • • Sec. the right of redemption sums up to 6 years. Once a person has complied with the requirements. provided they pay: For the first 3 year-average of harvest. Redeem within 1 year from confirmation of the sale. modify by 2. he must put in writing. o Such process puts the land under the Torrens system because of the issuance of the certificate of title. 27 • • Covers lands regardless of kinds of crops Redemption of Land owner o Retention shall be 5 hectares o Plus 3 hectares for each child. And within 5 days may appeal to Consulta.Land Titles and Deeds Reviewer 2009 o o If it is judicial foreclosure. Consequently. After which.D. 104 Emancipation Patent 19 Party-duh . the options of the tenant are: 1.D. Hence the law recognizes that the land holdings of a homesteader may amount to 12 hectares. The right to Remain and establish a leasehold Agreement. 27 – Agrarian Reform Law • Covers all lands planted with Rice and Corn • Emancipation Patent o o Gives retention area for land owners which shall be 7 hectares. he will be issued a CLOA or a Certificate of Land Ownership award. holder may enjoy the privileges granted by the Torrens title. provided: The child is more than 15 years old The child must have actually tilled or managed the land The option to choose or retain or determine which land to occupy belongs to the land owner. which must be registered in the ROD. 2. if ROD denies the application. BARO determines If the landowner shall take the land and the land is tenanted. Transfers ownership to tenants. as a result losing his right as beneficiary. the law expressly so provides. RA 6657 or the Comprehensive Agrarian Reform Law was enacted amending P. a TCT will be issued. Hence under the Patent Law. which shall be exercised within 6 months from the grant otherwise. CONSULTA • • • • • A form of administrative Appeal Pertains to removal of submitted documents Happens when ROD is not sure what to do with the issue Remedy is to raise the issue to LRA for referral as to the proper measure to be taken Pursuant to Sec 17. will it diminish the right to get the 5 hectares from RA 6657? No.
20 Party-duh . wherein no publication is required. Verified under oath 4. 3. procedure for recovery: 1. Notice and Hearing to ROD and other interested parties 5. with the allegation of the loss/theft. The court may direct issuance of a new duplicate certificate of title. Inform ROD of the loss/theft 2. File a petition for replacement of certificate. 109 Owner’s Certificate of Title • Importance of keeping the certificate of title o A forger may validly convey the property under the following circumstances: The transfer was made in the name of the forger It was conveyed to an Innocent Purchaser for value • Lost title. 109-110 Certificate of Title • An evidence of ownership Sec. similar to the procedure in applying Original Certificate of Title.Land Titles and Deeds Reviewer 2009 CERTIFICATE OF TITLE Sec.