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REGISTER OF DEEDS (RD) A public repository of records of instruments affecting registered or unregistered lands and chattel mortgages in the province or city wherein such office is situated General Functions (1) Immediately register an instrument presented for registration which complies with all requisites for registration (2) See to it that the said instrument bears the proper documentary and science stamps and that the same are properly cancelled (3) Prepare and keep an index system which contains the name of all registered owners alphabetically arranged and all land respectively registered in their names Baranda v. Gustilo: The function of the RD with reference to registration of deeds, encumbrances, instruments and like is ministerial in nature. No need for notice and hearing. NOTE: RD is precludes from exercising his personal judgment and discretion when confronted with the problem of whether to register deed or instrument on the ground that it is invalid. The determination of validity is the function of the Courts. Ledesma v. Villasenor: The purpose of registration is merely to give notice, so questions regarding the effect or invalidity of instruments are expected to be decided after, not before registration. When register of deeds may deny registration of voluntary instruments (1) When there are more the one copy of the owner’s duplicate and not all copies are presented; (2) Voluntary instrument bears on its face an infirmity; (3) Validity of the sought to be registered is in issue in a pending court suit (here, the rights of interest parties may in the meantime be protected by a notice of lis pendens) (4) Private documents not properly notarized; NOTE: Where the RD is in doubt as to the proper action to take on an instrument, he should submit the question to the LRA Administrator en consulta.
JUDICIAL CONFIRMATION OF IMPERFECT TITLE NOTE: Time limitation within which to file applications for confirmation of imperfect or incomplete titles has been extended to Dec. 31, 2020. BUT even without the extended period, persons who possess the qualifications under Sec. 48 (c) of CA 141 can nonetheless file for registration of title under Sec. 14(1) of PD 1529, provided the area applied for does not exceed 12 hectares. Applicants (1) Filipinos by themselves or through their P-I-Ns in OCEN possession & occupation of A & D lands under a bona fide claim of acquisition since June 12, 1945 or earlier or since time immemorial; (2) Filipinos by themselves or through their P-I-Ns prior to effectivity of PD 1073 in OCEN possession & occupation of A & D lands under a bona fide claim of acquisition for at least 30 years, or at least since Jan 24, 1947; (3) Private corporations or associations which had acquired lands formerly part of the A & D lands from Filipinos who have possessed in the manner prescribed in (1) and (2); (4) Natural born citizens who have lost Filipino citizenship and who have acquired A & D and from Filipinos who have possessed under (1) and (2). Applicant must prove (1) Land is A & D land of the public domain; (2) Possession is for the length of time and in the manner stated in Sec 48. NOTE: Must secure certification from the Government that the lands being claimed are alienable and disposable. “Possession” Possession and occupation means actual possession not constructive possession or mere fiction. Effect of compliance When the conditions specified are complied with, the possessor is deemed to have acquired a right to a grant, without necessity of a certificate of title being issued. The application for confirmation: mere formality. Property is converted into private
(2) To charge the whole world with knowledge of the application of the land involved and invite them to take part in the case and assert and prove their right s over the property subject thereof. 3. OPPOSITION. Default Absent any oppositors. however. EVIDENCE An applicant for registration of title or for confirmation of imperfect title must prove the following: . have an interest in the property. Where there is no opposition. If the claim is sustained. mistake. Defective Publication This deprives the court of jurisdiction. Grounds: His failure to file an opposition was due to fraud. difference is not substantial as to affect the identity of the land. Examples: (1) What was published in the OG is the description of a bigger lot which includes the lands subject of registration. The following may be proper oppositors: (1) homesteader who has fulfilled all conditions (2) purchaser of friar land before issuance of patent (3) persons claiming to be in possession of a tract of land and have applied for its purchase with the Bureau of Lands NOTES: Foreshore lessees of public land cannot be an oppositors Owners of buildings and improvements on the land applied for should claim them. Opposition Oppositors to an application need not be named in the notice of initial hearing. jurisdiction attaches to the lands or lands. Private corporations and associations May not hold alienable lands of the public domain except by lease for a period not exceeding 25 years. (2) Petition for certiorari a. NOTE: Denial of application does not preclude another application for judicial confirmation of imperfect title as long the conditions provided are complied with. Tuason: By virtue of publication. He should. or excusable neglect (FAME). (2) Actual publication of notice of initial hearing was after the hearing itself. Grounds: illegal or improper declaration of default NOTE: Declaration of default is illegal or improper when it is simply because the person failed to appear at the initial hearing of the application for registration. all the allegations in the application are deemed confessed on the part of the opponent. renewable for not more than 25 years.000 hectares BUT prohibition does not apply if the PI-N has acquired ownership of the land at the time the corporation acquired it. Benin v. (3) OG containing notice of initial hearing was released only after such hearing. Motion to dismiss opposition is allowed application or PUBLICATION. DEFAULT Publication Purpose: (1) To confer jurisdiction over the land applied for. Rule 18. Where the area of land in the decree of registration and the OCT is bigger only by 27 meters than the area published. accident. the court will then issue an order of default. Publication is the basis of jurisdiction of the court. not to exceed 1. Rules of Court) a.LAND TITLES 2 property ipso jure by the mere lapse or completion of said period. it will be noted on the face of the certificate of title. Remedies Defaulted interested person may gain standing by filing (1) A motion to set aside the order of default (Sec. NOTE: Court which validly acquires jurisdiction over a land for registration cannot be divested thereof by a subsequent administrative act like the issuance of a homestead patent over the same land. Absent such notation. claim is deemed adversely resolved.
duly signed by Geodetic Engr. Boundaries and Area General Rule: Boundaries prevail over area. when the original tracing cloth plan is available for the court to make comparison and consideration.LAND TITLES 3 (1) The land applied for has been declassified into public agricultural land. i. iv. Mere casual cultivation and raising cattle ii. NOTE: Tacking is allowed only where there is privity between the successive possessors. (2) The land is alienable and disposable or otherwise capable of registration. which cannot be waived. such evidence may be constitutive of hearsay. Insufficient proof of possession: i. vii. Substantial and unexplained discrepancies as to the area of the land negate the application of the general rule. do not adversely affect the probative value of these tax declarations as evidence of identity of land. Also. A tax declaration may be used to defeat claim of adverse possession of another (3) Identity of the land i. v. strong and convincing evidence. A survey plan even if approved by the Bureau of Lands ii. the start of period is only at the time it becomes disposable as agricultural land. Administrative Order issued by Sec. (4) Possession and occupation NOTE: When land was formerly inalienable. Survey plan approved by the LMB Tracing cloth plan and blue print copies of plan NOTES: . absent any authentic document evidencing the classification of the land. Bureau of Forestry Land Classification Map v. Proof not sufficient: i. Conversion of land into fishpond and titling of properties around it iv. iv. Sec. Land under pasture lease v. Tax declarations NOTE: Differences in the description of the and boundaries as well as in the land area stated in tax declarations after the survey. or by statute iii. Certification by director of Forestry that the land is within the public forest General rule: Submission of tracing cloth plan is a mandatory requirement. Proofs: There must be a positive act of the government. Blue print copy of the plan suffices Even the true certified copy of the white paper plan would suffice. Presidential proclamation ii. of Environment and Natural Resources. 14 requires only that the land be A & D at the time the application for registration of title is filed. IAC: Presentation of tracing cloth plan may be dispensed with where there is a survey plan the correctness of which had not been overcome by clear. ii. If the forester who issued the certification that the land is alienable but did not testify. Reports submitted by a District Forester. Certification by the Director of Forestry NOTES: Mere recommendation of the District Forester for release of the land from its unclassified origin is not evidence of such release. Investigation reports of Bureau of Lands Legislative act. BUT not the request for a true certified copy. if logically explained. Technical description of the land applied for. Executive Order iii. are not sufficient to establish the forested nature of the land. blue print is enough Director of Lands v. vi. Survey made in a cadastral proceeding (merely identifies each lot preparatory to a judicial proceeding iii.
NOTES: Tax declaration and realty payments may lose their probative value. at best indicia of possession. if he claims private ownership i.. Acts performed by one holding the property only by mere tolerance of the owner Where applicants tacked their possession to the P-I-N but did not present him as witness Possession of other persons in the land applied for Merely declaring uncultivated land for taxation and visiting it every once in a while decedent has no transmissible right (5) Muniments of title. Tax declarations and realty payments Not conclusive evidence of ownership. vi. as in the case of irregular payment of realty taxes BUT mere failure of the owner to pay realty tax does not warrant a conclusion that there was abandonment of his right to the property Presidential issuances and legislative acts which reserve a land for specific purpose (e. NOTE: When an applicant alleges a Spanish title. . BUT they become strong evidence of ownership when accompanied by proof of actual possession of the property.g. Informacion possessoria Merely furnishes prima facie evidence of the fact that the claimant was in possession of the land under a claim of right.LAND TITLES 4 iii. UP) Other kinds of evidence: Testimonial evidence Deed of sale Proofs not sufficient to establish private ownership compromise agreement decision in an estate proceeding of P-I-Ns of an applicant which involves a property over which the iii. v. This must be confirmed in a land registration proceeding. iv. he must produce that title or prove the contents thereof by secondary evidence ii.
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