LYCEUM OF THE PHILIPPINES UNIVERSITY- CAVITE

College of Law
LAND TITLES AND DEEDS
Atty. Francisco Sandino A. Marco – Lecturer

COURSE SYLLABUS

I. Introduction and General Principles on Property

1. Definition, nature and types of property

2. Concept of property ownership
a. As a human right
b. Doctrine of self-help
c. Limitation (Sic Utere Tuo Ut Alienum Non Laedas)
3. Registry of Property
4. Actions in rem, in personam and quasi in rem

II. Registration and the Torrens System

1. Registration, its purpose and effect in general

2. Registration and ownership
3. Origins and purpose of the Torrens System
4. Basic laws to bring lands under the Torrens System
a. Commonwealth Act No. 141, as amended (Public Land Act)
b. Act No. 2259 (Cadastral Act)
c. Act No. 496, as amended (Land Registration Act)
d. Presidential Decree No. 1529 (Property Registration Decree)

Cases:

1. Javier vs. Court of Appeals, G.R. No. 100777, July 21, 1993
2. Chua vs. Court of Appeals, G.R. No. 119255, April 9, 2003

III. Registration of Public Lands

1. Regalian Doctrine
2. Classification of lands of the public domain
3. Modes of alienating and acquiring public agricultural lands
4. Authority to classify public lands
5. Reversion of public lands

Cases:

1. Director of Lands vs. IAC, G.R. No. 73246, March 2, 1993

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 2. Republic vs. Vda. De Castillo, L-69002, June 30, 1988
3. Republic vs. Alconaba, G.R. No. 155012, April 14, 2004
4. Pagkatipunan vs. Court of Appeals, G.R. No. 129682, March 21, 2002
5. Heirs of Malabanan vs. Republic, G.R. No. 179987, April 29, 2009
6. Alvarico vs. Sola, G.R. No. 138953, June 6, 2002

IV. Cadastral Proceedings

1. Purpose and nature

2. General procedure
3. Jurisdiction of the cadastral court over previously titled land
4. Effect of lack of claimant to lands surveyed

V. System of Registration of Unregistered Lands

1. What may be registered or recorded under Act No. 3344

2. Effect upon the parties thereto and upon third persons
3. Procedure before the Register of Deeds

VI. Original Registration Proceedings

1. Who are qualified to apply

2. Procedure and requirements for registration
3. Courts with jurisdiction to hear application
4. Publication requirement
5. Hearing and evidence
a. Burden of proof
b. The survey plan or tracing cloth
c. Positive act attesting to the alienable and disposable character of
the land
d. Tax declaration or tax receipts

Cases:

1. Director of Lands vs. Court of Appeals, G.R. No. 102858, July 28, 1997
2. Republic vs. Guinto-Aldana, G.R. No. 175578, August 11, 2010
3. Republic vs. T.A.N. Properties, G.R. No. 154953, June 26, 2008
4. Republic vs. Sese, G.R. No. 185092, June 4, 2014
5. Republic vs. Serrano, G.R. No. 183063, February 24, 2010
6. Wee vs. Republic of the Philippines, G.R. No. 177384, December 8, 2009

VII. Judgment and Decree of Registration

1. Judgment of the land registration court

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 a. Finality
b. Modes of review
2. Decree of registration issued by the Land Registration Authority
a. Encumbrances and statutory liens affecting title
b. Effect of the statement of the civil status of the registered owner
c. Finality
d. Conclusiveness
e. Remedies of the aggrieved party
i. Within one year from the decree
ii. After one year from the decree

Cases:

1. Ermac vs. Ermac, G.R. No. 149679, May 30, 2003

2. Ventura, Jr. vs. Spouses Abuda, G.R. No. 202932, October 23, 2013

VIII. Certificate of Title

1. Doctrine of incontrovertibility
2. Effect of prescription and laches
3. Registration in good faith

Cases:

1. Heirs of Vencilao vs. Court of Appeals, G.R. No. 123713, April 1, 1998
2. Heirs of Nieto vs. Meycauayan, G.R. No. 150654, December 13, 2007
3. Abobon vs. Abobon, G.R. No. 155830, August 15, 2012

IX. Voluntary and Involuntary Dealings with Registered Lands

1. Procedure and requirements in recording voluntary dealings

a. Resulting in conveyance
b. Interest less than ownership
2. Effect of failure to register
3. Involuntary dealings
a. Attachments
b. Adverse claims
c. Notice of lis pendens
4. Cancellation of annotations of involuntary dealings

Cases:

1. Equatorial Realty vs. Frogozo, G.R. No. 128563, March 25, 2004
2. Spouses Jesus Ching vs. Spouses Enrile, G.R. No. 156076, September 17, 2008
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X. Reconstitution of Title

1. Modes of reconstituting lost or destroyed titles

2. Evidence required
3. Conditions or requisites for judicial reconstitution under RA No. 26 and for
administrative reconstitution under RA No. 6732
4. Effect of reconstituted title on third parties
a. If administratively reconstituted
b. If judicially reconstituted
5. Effect when the certificate of title alleged to be lost or destroyed is later
found

Cases:

1. Serra Serra vs. Court of Appeals, L-34080, March 22, 1991

2. Republic vs. Camacho, G.R. No. 185604, June 13, 2013
3. Allama vs. Republic, G.R. No. G.R. No. 88226, February 26, 1992
4. Manila Railroad vs. Moya, L-17913, June 22, 1965.

XI. Condominium

1. RA No. 4726 (Condominium Act)

Cases:

1. Hulst vs. P.R. Builders, G.R. No. 156364, September 25, 2008 (Reso on the MR)
2. Limson vs. Wack Wack Condominium, G.R. No. 188802, February 14, 2011
3. First Marbella Condominium vs. Gatmaytan, G.R. No. 163196, July 4, 2008

Text Book
Pena, N. (2008). Registration of Land Titles and Deeds. Manila. Rex Book Store Inc.