DE LA SALLE UNIVERSITY

College of Law
Second Semester S.Y. 2019-2020
SYLLABUS on LAND TITLES AND DEEDS
ATTY. ROBERT NOMAR V. LEYRETANA – Professional Lecturer (Part-Time)

COURSE DESCRIPTION

This two (2) unit course is called Property Registration (Land Titles and Deeds), which would primarily aim
to give students a review of the general concepts of the torrens system of land titling and other land
registration laws in the Philippines. Its purpose is to provide students the tools and legal understanding,
to effectively tackle cases involving all aspects of land registration – the nature of land as classified under
the Constitution and statutes; the manner by which the State disposes pubic land and the method through
which original certificate of title can be obtained, proceedings subsequent to original registration, dealings
with the Registry of Deeds for subsequent registration and annotation of deeds and instruments on a title,
with emphasis on the underlying principles of the Torrens System of registration, as codified by the
Property Registration Decree (P.D. 1529); the Land Registration Law (Act 496); and the Public Land Act
(Act 141). The course (if time permits) may also cover the Condominium Act, Chattel Mortgages, the
Personal Property Security Act and other land related laws.

METHODOLOGY

Case assignment, class recitation, lecture discussion, research, and Registry visit (if time permits)

ADMINISTRATIVE MATTERS

1. Students will be called at random for recitation. Any student who is not inside the classroom at
the time she/he is called will automatically get a grade of 50 for that specific recitation.
2. There will be an unannounced short quiz at the start of any random class, which shall cover the
topic taken up in the immediately preceding class session. Failure to take one due to the student’s
absence will merit a grade of 50 for that specific quiz.
3. Any student can go out of the classroom at any time without need of prior leave from the
professor, provided that: (1) the class will not be disrupted by his/her going out of the classroom
and (2) he assumes the risk of being called for recitation while being out classroom, thus,
administrative rule number 1 shall apply.
4. No open screen policy. All electronic gadgets should be kept away from the desk, except notes
and case digests in hard copy during recitations and examinations.

GRADING SYSTEM

Class Participation and Recitation (including quizzes, if any) – 33.33%

Mid-term Exams – 33.33%

Final Exams 33.33%

Total 100%

PRESCRIBED TEXTBOOK
NO PRESCRIBED TEXTBOOK. It is important, however, that students MUST have a copy of the CODAL
Provision of PRESIDENTIAL DECREE NO. 1529 (PROPERTY REGISTRATION DECREE) and other related laws
as may be directed in this Syllabus, such as:

1. Act 496 - Land Registration Law

2. Commonwealth Act 141 - The Public Land Act
3. Act 1120 - Friar Land Act
4. Act 2259 - The Cadastral Act
5. Act 3344 - System of Registration for Unregistered Land
6. R.A. 10023 - Residential Free Patent Act
7. R.A. No. 11231 - Agricultural Free Patent Reform Act
8. Act 1508 The Chattel Mortgage Law, as amended
9. Republic Act No. 26 - Reconstitution of Certificates of Title
10. Republic Act No. 6732 - Administrative Reconstitution of Title
11. Agrarian Laws: a) PD No. 27 - Land Reform Law of 1972
b) R.A. 6657 - Comprehensive Agrarian Law
c) R.A. 9700 - CARP Extension Law
12. P.D. 957 - Subdivision and Condominium Protective Buyers’ Decree
13. Republic Act No. 8371 (Indigenous Peoples Rights Act –IPRA) Republic Act 4726
14. Condominium Act
15. Republic Act No. 10023 (Residential Free Patent Act)
16. Batas Pambansa Bilang 185
17. Republic Act No. 9225 – Dual Citizenship Law
18. R.A. No. 7042 –Omnibus Investment Code
19. PD 1084 and PD 1085 (Law creating Philipine Reclamation Authority)

INTRODUCTION

Definition of Terms

Land Titles is the evidence of the owner’s right or extent of interest, by which he can maintain control and
as a rule assert right to the exclusive possession and enjoyment of property.

Deed is the instrument in writing by which any real estate or interest therein is created, alienated,
mortgaged, or assigned, or by which title to any real estate may be affected in law or equity.

Land Registration is a judicial or administrative proceeding whereby a person’s claim over a particular
land is determined and confirmed or recognized so that such land and the ownership thereof may be
recorded in a public registry.

Torrens System is a system for registration of land under which, upon the landowner’s application, the
court or administrative agencies authorized by law, may, after appropriate proceedings, direct the
issuance of a certificate of title.
Torrens Title is a certificate of ownership issued under the Torrens System, through the Register of Deeds,
naming and declaring the owner of the real property described therein, free from all liens and
encumbrances except such as may be expressly noted there or otherwise reserved by law.

REGISTRATION OF LAND TITLES AND DEEDS

Meaning of Registration
In general, registration means any entry made in the books of the registry including the cancellation,
annotation and even the marginal notes. In its strict sense, it is the entry made in the registry, which
record solemnly and permanently the rights of ownership and other real rights. The mere presentation
to the office of a registrar of deeds of a document is not equivalent to recording or registering the real
property.

Functions of Registration

The three major functions of registration are:

1.Publicity serves to give notice to all persons from time to time of such registering, filing and entering
that a certain party has or has acquired certain rights or interests in the property.

2.Priority serves to fix and determine the relative rights of parties whether superior or subordinate, in
relation to time, following the maxim “priore tempore, priore jure” (first in time, first in law). Article 709
of the New Civil Code provides that the titles of ownership or other rights over immovable property which
are not duly inscribed or annotated in the Registry of Property shall not prejudice third persons.

2.Security serves to provide registrants an archive for muniments of title, rights and interests in land
recorded in the registry where the property is located.

Modes of Registration

Registration may be by:

1. Transcription is the entering in the registration book by the register of deeds of the original
certificate of title duly numbered, dated, signed and sealed issued pursuant to a decree of
registration, patent, award or grant.
2. Inscription, on the other hand, is the recording on the certificate of title a memorandum or an
abstract of the instrument sought to be registered.

Kinds of Registration

There are two kinds of registration:

 1. Registration of title or original registration takes place when the title to land is made of public
record for the first time in the name of its lawful owner. It refers to the registration procedure
from the filing of the application to the issuance of the original certificate of title based on the
decree of registration, patent, award or grant. As to its nature, original registration is further
classified into:

a. Judicial - which may either be voluntary (ordinary) or compulsory (cadastral)

b. Administrative – issuance of original title by administrative agencies.

2. Registration of deeds and other instruments or subsequent registration, on the other hand,
takes place when a deed or instrument affecting land is made of public record after the date of
its original registration. Thus, the registration of a sale, mortgage, lease, attachment, notice of
levy or other encumbrances falls within the purview of subsequent registration. The proceedings
hereunder may refer either to voluntary or involuntary instruments.

a. Voluntary transactions are the contracts or agreements willfully executed by the landowner
or his duly authorized representative such as sales, leases, mortgages, donations, exchanges,
trusts, or variations thereof affecting real estate.

b. Involuntary transactions refer to those executed against the will or without the consent of
the landowner contrary to his interest or will affect him adversely such as attachment, levy
on execution, adverse claim, lis pendens and other liens.

Regalian Doctrine as enshrined in the Philippine Constitution:

1. Cruz vs. Sec. of DENR, G.R. No. 135385, December 6, 2000
Exception to Regalian Doctrine - Cariño Doctrine

Read: Sections 2, 3 , 7, 8 - Article XII of the 1987 Constitution:

1. La Bugal-B’laan Tribal Association Inc. vs, DENR, G.R. No. G.R. No. 127882, January 27, 2004

Read: Sections 6, 7, and 8 of Commonwealth Act 141 (Public Land Act) - Power of the President to
classify alienable and disposable land

1. Sec. of DENR vs. Yap, GR No. 167707, Oct. 8, 2008

2. Republic vs. CA, et.al, G.R. No. 155450, August 6, 2008
3. Juan Ibañez de Aldecoa, vs. The Insular Government, G.R. No. L-3894, March 12, 1909
4. Ankron, vs. The Government of the Philippine Islands, G.R. No. L-14213, August 23, 1919

Form of Disposition of alienable and Disposable public land

Read: 1) Section 11 of CA 141 and Section 14 paragraphs 1 and 2 PD 1529; Heirs of Mario Malabanan
vs Republic, G.R. No. 179987, April 29, 2009
2) Secs 4 and 24 of CARP Law (RA 6657) and PD 27;
3) Sections 1, 4 and 5, RA 10023 (Residential Free Patent Law)
4.) Section 4 of PD 1084 and 2nd to the last paragraph of PD 1085 (Special Patents for
Reclamations)
 LEGAL BASIS AND NATURE OF LAND REGISTRATION

Read: Sections 1 to 3 and Sections 51 and 52 of P.D. 1529

Purpose and Meaning of the Torrens System of Registration

1. Legarda vs. Saleeby, G.R. No. L-8936, October 2, 1915
2. Traders Royal Bank vs. CA, G.R. 114299, 9/24/99
3. Sps. Alfonso and Maria Angeles Cusi vs. Lilia V. Domingo, G.R. Nos. 195825 & 195871, February 27, 2013

Distinction between a “Title” and a “Certficate of Title”

1.Dinah C. Castillo Vs. Antonio M. Escutin, et.al. G.R. No. 171056, March 13, 2009
2. Sps. Ching vs. Family savings Bank, G.R. No. 167835/188480, Nov. 15, 2010

Read: Section 2, PD 1529- Nature of registration Proceedings as an action in rem, Court’s Jurisdiction
Manuela Grey Alba, et al., vs. Anacleto R. De La Cruz, G.R. No. 5246, September 16, 1910

Read: Section 2 Compared with Sections 51 and 52 of PD 1529 – Purpose of registration of original
certificate of title and registration of deeds and instruments affecting lands

Read: 1. Sections 2, 17, 110, 109, 108 and RA 26 (Reconstitution Law) and Republic Act No. 6732
(Administrative Reconstitution Law) and 109 of PD 1529;
2. Section 34 of BP 129 as amended by Section 4 of RA 7691

1.Tomas Averia, Jr., vs. The Honorable Milagros V. Caguioa, In Her Capacity As Judge Of The Regional Trial
Court, G.R. No. L-65129, December 29, 1986
2. The Government of the Philippine Islands, vs. Eustaquia Aballe, et. al, G.R. No. L-41342, November 28,
1934
3. Garcia vs. Court of Appeals, G.R. Nos. L-48971 & 49011, January 22, 1980, 95 SCRA 380).

Is the principle of priority in time - the rule that as between two (2) conflicting titles, the title registered
earlier prevails, absolute?

Spouses Hwa Ping and Mary Gaw, et. Al., vs. Ayala Land, Inc., G.R. No. 173120/ 173141, July 26, 2017)

Read: Section 3, PD 1529 – Discontinuance of the Spanish Mortgage Law and Section 113, PD 1529

Presidential Decree No. 892 (February 16, 1976)

Nemencio C. Evangelista, et. al. vs. Carmelino M. Santiago, (G.R. No. 157447, April 29, 2005.)