-it is enshrined in the Constitution
CIVIL REVIEW 2 Article 12, section 2, 1987 Constitution: All lands of the public domain, waters,
LAND TITLES AND DEED
JAN 17, 2020
THREE CLASSIFICATION OF LANDS
1. Property of public domain
 It cannot be acquired by prescription
 There is no voluntary easement
 Refers to property that is held by the State in its public capacity
2. Patrimonial property
Article 42 NCC: Property of public dominion, when no longer intended for public use
or for public service, shall form part of the patrimonial property of the State.
 Property held by the State in its private capacity;
 These are properties that can be the subject of alienation
 If the property which is devoted to public service is no longer used for public
service or for use to which it is intended, it is now converted into patrimonial
property of the state; if it is now a patrimonial property of the state, it can be
now the subject of alienation or contract
CASE: The fact that the purpose to which the property is intended was not fulfilled by
the government does not convert the property into a patrimonial property. The mere
abandonment of the purpose by the government to use it for public service does not
immediately convert the property into patrimonial property, especially when the
abandonment of the purpose to which the property is intended is not by reason of the
deliberate will of the state, it is by reason of lack of funds. Abandonment has to be a
definite act on the part of the government. Mere non-use of the property for the
purpose to which it is intended is not abandonment especially when there is no
deliberate will on the part of the state.
DOCTRINE OF JURA REGALIA
-possession of everything in the Philippines belongs to the King
-it is merely a consequence of “natural fruits of conquest” because they
conquer the Philippines, everything belongs to them; and since everything belongs to
them, any person who claims ownership over the land must trace a grant from the
King (Spain)
-all lands belong to the Spanish government; any person who claims
ownership must able to trace the origin of title to the government
minerals, coal, petroleum, and other mineral oils, all forces 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 sixty per centum of whose capital is owned by such citizens.
Such agreements may be for a period not exceeding twenty-five years, renewable for
not more than twenty-five years, and under such terms and conditions as may be
provided by law. In cases of water rights for irrigation, water supply, fisheries, or
industrial uses other than the development of water power, beneficial use may be the
measure and limit of the grant.
-this was followed by the REGALIAN DOCTRINE, which was carried over by
the colonial government of the U.S
Under the Spain colonial, everything belongs to the King, one may be granted
ownership over the land except the natural resources. Under the US colonial, on the
other hand, for purposes of granting title over land, natural resources (minerals) is
included
Classification of lands under the Constitution:
1. Agricultural lands
2. Mineral lands
3. Timber or forest lands
4. National park
 Except for agricultural lands, all other lands cannot be the subject of
alienation
 There must be a law that provides for the classification of land to be
agricultural land and, therefore, can be the subject of alienation
 Anyone who want to prove ownership over a land, aside from tracing his
grant from the state, he must also prove that the land is an agricultural land
because only agricultural lands are alienable and disposable, these are
lands that belong to the patrimonial property of the state.
EXCEPTION to Jura Regalia Doctrine: Native title (Carino vs Insular Government)
 If an individual is in possession and occupation of a land in the concept of an
owner by himself or through his predecessors-in-interest since time
immemorial, the land was never part of the land of the state, it never belong
to the state, it is always a private land even before the Spain conquered the
Philippines.
 o But it must be proven that these lands have been in possession
and occupation under the concept of an owner since time
immemorial since as far back as testimony and memory go, it is
always in their possession and, therefore, it was never part of the
public domain, it is always a private property.
 It was reiterated in the case of Cruz vs DENR Secretary
involving the constitutionality of IPRA LAW
 The constitutionality of IPRA Law is upheld and
the basis is the case of Carino, recognizing the
native title.
 Once the state has given out its right to the property, and it was already a
registered property, it cannot again issue a new decree or executive order
granting for the disposition of property
Central Mindanao University: where the property has already
been ceded or transferred it cannot be again the subject of another transfer
by reason or an executive order. It is already covered by the Torrens title.
 In order for one to claim ownership over a property, the property must be
classified as alienable and disposable
Yap case: All unclassified land will be considered as public forest
land and, therefore it is not alienable and disposable. Only agricultural lands
can be the subject of alienation and disposition. Where the land is
unclassified, it cannot be considered as an agricultural land for purposes of
alienation and disposition.
Q: How is the land classified?
A: Under CA 141, it has given the executive department or the President, the
exclusive prerogative to classify lands. The court has no authority and have been in
fact deprived. Unless the land is reclassified into agricultural land, it cannot be the
subject of disposition and alienation.
Q: How can there be a reclassification of land for purposes of making it
alienable and disposable, make it now an agricultural land?
A: (1) there must be a survey of the land; (2) delimitation and classification of the
land; (3) there must be a declaration that the land is now open for alienation and
disposition; and (4) that the land is not reserved for public use or public service, it has
not been acquired by the government and not privately owned
=these steps must be followed before the land can be the subject of alienation and
disposition
 Despite these steps, there is further step that must be complied with before
the land can be considered as alienable and disposable, which refer to as
the positive act of the government declaring the land as alienable and
disposable. Without this positive formal act on the part of the government,
any survey and delimitation will not make the land alienable and disposable.
Examples of formal positive act of the government: presidential proclamation,
executive order, administrative action, investigation by the Bureau of Land
Investigators, enactment of statute
Example: RA 9323: Act reclassifying portion of timber lands for residential
purposes in a municipality in Leyte.
 Under CA 141, the classification of lands that are alienable and disposable
are agricultural lands, residential, commercial, industrial lands, for
educational, charitable or other similar purposes.
=If a land now is alienable and disposable and there is ownership over this land, he
must bring it under the Torrens system of registration
Purpose: to quiet title to lands because once a certificate of title is issued to
a land, all claims that were not brought to the court are already barred and, therefore,
it already quiets title to the land. The person considered as the registered owner can
rest assured that he has legal title to the land. The decree of registration is proof
evidence of his title to the land. Once the title is registered, it is considered
indefeasible, incontrovertible, undisputable, irrevocable, that is the integrity of the
Torrens system of registration.
PROTECTION given by the Torrens system of registration
(1) for purposes of giving integrity to the title because it quiets title to the
land.
 There is integrity to the title because any person dealing with lands covered
by the Torrens system need not make any further investigation to the title, he
can merely rely on the title. The registered owner is considered the absolute
owner of the property. His title is indisputable, uncontestable,
incontrovertible.
(2) It facilitates the transaction
 Because any person dealing with lands covered by the Torrens system
need not make any further investigation to the title (mirror principle)
NOTES: Registration of title does not confer ownership, it is not a means of acquiring
ownership over property. Registration is merely a confirmation of title that one
possessed already. Once one has ownership over the land, the registration is merely
a confirmation of that title.
(3) Under section 31 of PD 1529, registration binds the land and is
conclusive against all persons including the national government.
(4) Under section 32, the decree of registration shall not be reopened or
revived unless it is by reason of actual fraud and only in direct proceeding
 Once registered, the title can no longer be enlarged, altered, diminished,
modified. It is incontrovertible and irrevocable.
Important laws for purposes of land registration:
1. Act No 2259 (Cadastral Act) Feb 11, 1913
 The government initiates the proceeding for compulsory registration of lands
asking all the occupants in the area that have been survey to come to court
file their answer and prove their ownership, possession and occupation
under claim of ownership over the area, otherwise, they lose the land.
2. CA 141 (Public Land Act) 1936
 It was amended but remains the existing general law when it comes to the
classification and disposition of lands of the public domain.
 Provides for the judicial confirmation of imperfect or incomplete title
 Initially under the law, in order the cause the registration of land under the
name of the applicant, he must possess the land since time immemorial or at
least since July 26, 1824 or prior. This was amended, and under the
amendment, for as long as one has been in OCEN possession under claim
of ownership for at least 30 years or since June 12, 1945 or earlier.
3. PD 1529 (Property Registration Decree)
 It codifies all laws regarding the registration of lands, it involves original
registration of lands, registration of voluntary and involuntary dealings, it
involves unregistered lands and the reconstitution of title
4. IPRA Law
 Recognizes the existence of ICCs or IPs as a distinct sector of the
Philippines, and recognizes ownership over their ancestral domains or
ancestral lands
5. RA 10023 (March 9, 2010)
 Involves the issuance of free patent to residential lands
 Any Filipino citizen who is an actual occupant of residential land may apply
for free patent depending on the area (highly urbanized are, not more than
200 sqm; other municipalities, 1000 sqm)
 Applies only to lands sold as residential area
 It is not covered by the prohibitions under PD 1529 specifically sections 118,
119 121, 122. The prohibitions are removed with respect to patent issued by
reason of RA 10023
A cadastral proceeding and land registration proceeding is a proceeding in rem,
meaning it binds the whole world that is why Section 21 of PD 1529 provides that
registration binds the entire world and is conclusive against all persons, whether
named or not in the petition, whether or not they file their answers, whether they are
aware or not of the petition, the decision rendered by the court binds the entire world
even the national government because it is a proceeding in rem.
It is the RTC which has jurisdiction over land registration cases.
Pursuant to BP 129, the SC in its discretion can grant authority jurisdiction in favor of
the MTC but only (1) in cases over lands where there is no contest or controversy;
and (2) even if there is controversy, meaning there are several claimant over the
property, in cases where the value of the land does not exceed P100,000
JAN. 20, 2020
INSTANCES where one can acquire lands from the State:
A. PD 1529, Section 14 provides who may apply for the judicial confirmation of an
imperfect or incomplete title:
o The court merely confirms the title that one has acquired already.
Q: How do they acquire their title?
A: Through the following:
(1) Those who by themselves or through their predecessors-in-interest have been in
open, continuous, 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, 1945, or earlier.
Public- if not hidden, not clandestine
Peaceful- one possessed the property without any person claiming rights over the
property
Continuous- possession must not be occasional or intermittent
Notorious- the people in the place know that the area is occupied by a certain person
“Possession and occupation”
 One must not only possess the property, he must also occupy the property
under the concept of an owner
 It must be an actual possession and not constructive
 He must perform acts of dominion over the property such as cultivating the
property
 If the acts of dominion are only on a portion of the property, that possession
over the portion is deemed a constructive possession of the entire property
“The possession and occupation must be as of June 12, 1945 or earlier”
Situation: A is in possession of property since June 12, 1945 or earlier, files
recognition of title only in 1979, prior to 1979, the property was not yet declared as
alienable and disposable. The property is declared as alienable and disposable in
1979.
 Section 14 (1) provides that the property need not be classified as alienable
and disposable during the period of possession on June 12, 1945 or earlier.
What is important is at the time of filing of application in court, the property
has already been declared as alienable and disposable.
“By himself or through his predecessors-in-interest"- meaning he can tact in the
number of years of possession of his predecessors in interest before him
NOTES: CA 141 has a counter provision of Section 14 (1), that is Section 48 (b) of
CA 141 which provides that: “Those who by himself or through his predecessors-in-
interest have been in open, continuous, exclusive and notorious possession and
occupation of agricultural land in the concept of an owner since June 12, 1945 can
apply for confirmation of incomplete or imperfect title.
 There is no material difference between Section 48 (b) Section 14
(1); it refers to the same kind of land
 In fact, the SC said that Section 48 (b) is a recognition of the
substantive right of ownership.
 Section 14 (1) is recognized as the procedural law for the
enforcement of right of ownership referred to in Section 48 (b) of
CA 141.
NOTES: One can file for recognition of imperfect or imperfect title based on Section
14 (1) until December 21, 2020, and it cannot exceed 12 hectares.
(2) Those who have acquired ownership of private lands by prescription under the
provision of existing laws.
“ownership over private lands acquired by prescription”
(3) Those who have acquired ownership of private lands or abandoned river beds by
right of accession or accretion under the existing laws.
 It refers to private property
 If there is a land formed in the sea, the nearest riparian owner cannot claim
ownership over that land, because the land is not considered as private
property.
If there is an increase in the area of the land bordering rivers through alluvial deposit,
the law provides that the increase area automatically belongs to the owner of land to
which it attaches. The increase area through alluvial deposit is considered as private
land, and the law automatically vests ownership over that area to the owner of the
land.
The increase area is not considered as public land; it is considered as
private property because it is bordering a river pursuant to provisions on property.
The owner of such increase is the owner of the land to which it has attached.

 Prescription is one of the modes of acquiring ownership NOTES: Even if the land to which the alluvial deposit have attached, is covered by a
▫ 2 kinds of prescription: Ordinary (10 years with just title and in Torrens title, that increase in area is not protected by the Torrens system of
good faith); extraordinary (30 years in bad faith and without just registration. There is a need now to also bring the increase area under the Torrens
title) system of registration. The law says, one must file for confirmation of imperfect or
 All property that is within the commerce of men can be the subject of incomplete title, otherwise, if another person enters into that area and occupies it for
prescription. However, property of public dominion can never be acquired number of years provided for by law for purposes of acquisitive prescription, he is the
through acquisitive prescription. This means now that when the law uses the one who can go to court for confirmation of title over that land.
word “prescription” as a mode of acquiring of ownership, it refers only to
SPANISH LAW OF WATERS: Provides that lands bordering lakes, streams,
patrimonial property of the state because it is held by the state in its
creeks, that increase in area through alluvial deposit belong to the owner of the
private capacity, and patrimonial property can be the subject of commerce.
land to which it attaches
Distinction between Section 14 (1) and Section 14 (2)
It covers not only rivers, but also lakes, streams and creeks. In other
Section 14 (1) navigable
Section 14 (2) rivers, the increase in area through alluvial deposit will not give
The basis of ownership is possession as long as one is in The basis is prescription ownership over the increase area.
possession of alienable and disposable land of the public domain
since June 12, 1945 or earlier => the same law recognized automatic ownership over those who lose a portion
 Does not provide for the length of time of possession of their land, where there is a change in the course of the river. Where the river
Must prove that the possession commences on June 12, 1945 or changes its
It must be property of the state classified as course
alienable andandenters into a private property, the old river bed belongs to
earlier disposable. the owner of the property where the new river passes in proportion to the area he
 If the possession commenced only after June 12, 1945,  Hence, there must be (1) lost. He is
proof deemed
that the landautomatically
is alienableto be the owner of the property. But in order to
the land cannot be acquired through Section 14 (1) BUT and disposable throughprotect it, he must
the existence file for confirmation of title under the Torrens system of
of proclamation
it can be acquired through Section 14 (2) provided all order, executive order,registration.
statue enacted. (An order that
other requirements provided for by law are also the land is classified as A&D is not yet sufficient to
complied with. acquire the land through prescription) => For this to apply, there must be an existing river; the course of
 Another mandatory requirement the river changes
is that, and must
(2) there enters into a private property; the owner of that private
be an express declaration by property
the state loses
thatathe
portion of his property by reason of the new river bed.
property
is no longer needed for public serve or for the
Q: What
development of national if theorstate
wealth, that takes an action
the property is to revert back the river to its old river bed?
already a patrimonial property through the enactment of
statutes
A: The individual cannot prevent the state when it has decided to revert the river to its
old river bed.
 It is only when the state does not take actions and because the owner of the
land loses a portion, that he is recognized as the owner of the old river bed.
(4) Those who have acquired ownership of land in any other manner provided for by
law.
 When there is an executive order, republic act granting a portion of the
property of the state in favor of an individual or entity.
o CENTRAL MINDANAO UNIVERSITY: President Garcia came up
with a proclamation order granting several hectares in favor of
Central Mindanao University. By reason of this proclamation order,
CMU filed a case in court to be recognized as the owner and to be
issued a certificate of title.
 For purposes of availing this provision for recognition of one’s ownership, it
only pertains to natural citizen. Only natural citizens can file for
confirmation of imperfect or incomplete title.
 The Constitution prohibits private corporation or association from acquiring
public land except by (1) lease for a period only of 25 years renewable for a
period also for 25 years; (2) when the alienable and disposable land is no
longer property of the state but has already become a private property.
A is in possession of alienable and disposable land (property that
belongs to the state, but it is an agricultural land) since June 12, 1945 or earlier.
In 1984, he sells the property in favor of ABC Corp. ABC Corp can go to court to
ask for confirmation of title or to be issued original certificate of title.
WHY: Because at the time the corporation filed a case for issuance of
certificate of title, the property is no longer a property of the state that is
alienable and disposable. When A complied with the all the requirements
under the law, the property ceased to be a public land, it is now a private
property, and private property can be conveyed in favor of a corporation.
The Constitution only prohibits acquisition of public lands by the corporation.
B. Section 48 (b), CA 141 (Public Land Act)
In cadastral proceeding, it is the State that files a petition in court, it causes a survey
over an area; and files a petition in court directing all of those persons occupying the
land surveyed to file their answers and prove their right of ownership over the area.
=it is involuntary
C. IPRA Law
The indigenous cultural communities or the indigenous people, with respect to their
ancestral lands, can file a recognition of their ownership. They can file it either in the
NCIP or they can choose to file it under Section 14 (1), PD 1529
 But to file it under Section 14 (1), the IPs can only ask for the confirmation of
their title over ancestral lands and not domain
▫ Ancestral lands, meaning, they occupy that area that is considered
by the community as their particular area where they reside.
Domain is bigger than ancestral lands.
 They can file it either under the IPRA law with the NICP or file it with court
under Section 14 (1) to recognize their ownership and register their
ownership to bring it under the Torrens system of registration.
STEPS in registration of title
1. Survey of the land must be conducted by a private geodetic engineer with the
approval of the survey by the Bureau of Land Management; or by the Bureau of Land
Management, they cause the survey of the area sought to be the subject of
recognition of title
 The survey is important for purpose of giving a definite identification of the
land sought to be applied for registration of title, and that the land is within
the area that is considered as alienable and disposable; and to ensure that
the land will not overlap over an adjacent land
 If there is no survey, the petition will be dismissed.
2. The applicant must file the petition for perfection of imperfect or incomplete title
with the RTC where the land is situated; in certain instances, in MTC
 In triplicate copy (court, LRA, and Sol Gen)
 The clerk of court will not accept the petition or application unless there is
proof that a copy of the application or petition is given to the Regional
Executive Director of DENR
 After the Clerk or court is given a copy, the COC must give a copy of the
application to the LRA and to the Office of the Sol Gen.
Q: Who can file a case for original registration?
A: Only a natural person can file a case for confirmation of imperfect or incomplete
title. To acquire alienable and disposable lands, only a natural person (Filipino
citizen), by himself or through his predecessors-in-interest can apply for confirmation
of title.
The Constitution prohibits alien from acquiring real property because of the policy of
the State to preserve the land in favor of future Filipino generation. The exception is,
when it is by succession, and under the limits provided by law.
With respect to corporations and associations, the law does not allow them to acquire
public lands that are alienable and disposable, it only allows corporations and
associations to lease agricultural lands for 25 years renewable for another 25 years
 The prohibition applies only to alienable and disposable public
lands.
 If there are several owners of the land, all co-owners must sign the petition
for confirmation of imperfect or incomplete title;
 A person who is not in the Philippines is not precluded from filing the case
for original registration provided he duly authorizes the representative.

Q: What happened if at the time that he acquired the property he is a Filipino
citizen, but at the time he seeks the registration of title in his name he is already
a naturalized alien citizen? Can he still cause the registration of the land in his
name?
A:
Q: A is in possession of a land in the manner provided by law. A, without filing
a confirmation of title, sold the land in favor of spouses B and C who at the time
of the sale were a Filipino citizen. After they bought the land, they migrated to
Canada and became a Canadian citizen. After several years, they came back to
the Philippines and now go to court to have the property titled in their name?
A: Yes, because what is important is, at the time of the acquisition of title, they are
natural born Filipino citizen. It does not matter that at the time that they filed the case
for registration of title, they are no longer Filipino citizen. What is important is at the
time of the acquisition of title, the property is already a private land, and that they are
still natural born citizens.
Q: A is a Filipino citizen and later he became a naturalized alien citizen, can
he/she still acquire real property in the Philippines?
A: The Constitution still allows a former Filipino citizen to acquire real property in the
Philippines but the limit is that with respect to urban lands, it cannot exceed 500 sqm;
with respect to rural lands, it cannot exceed 3 hectares, and it must be for business
purposes or similar purposes. With respect to residential areas, they are still allowed
to acquire real property for residential purposes provided that if in urban area, it does
not exceed 1000, and in rural area not exceeding 1 hectare, and it must be for
residential purposes only.
 Former Filipino citizens who reacquire Filipino citizenship can acquire
alienable and disposable properties in accordance with the provisions of the
law because the effect of reacquisition of citizenship is that they are being
restored to their full civil and political rights.
 The application may involve several lands provided that they are all located
within the same municipality or province.
A is in OCEN possession and occupation of three lands found in the same city or
municipality, he can just file one petition in court with respect to the three properties.
A filed an application involving only a one parcel of land, and it went into the process
of publication, posting and mailing. During the presentation of evidence, A asked for
the amendment of the petition to include another property. The court allows the
amendment of the petition to include a second land. Later on, a judgment is rendered
in favor of A recognizing as the owner of both parcel of lands.
Q: What is the consequence of the decision rendered?
A: The judgment, insofar, as the second property which is the subject of amendment
is null and void because the court never acquires jurisdiction over the property. This
means that when there is an amendment of the petition involving a substantial
change, that amended petition must be subject again to publication, posting and
mailing. With respect to the first property, the court acquires jurisdiction because
there is publication, posting and mailing but with respect to the second property
subject of the amendment, the applicant did not cause the publication, posting and
mailing, the court never acquires jurisdiction and, therefore, the decision with respect
to that is void.
 Any substantial amendment must be subject with all the requirements and
procedures provided for by law.
Examples of substantial amendment: the inclusion of another land; the increase in
the area sought to be applied for where it was only 500 sqm and subsequently up to
publication it is now 1000 sqm; in case of change in the boundaries.
 If it involves only collateral matters, then there is no need for a second
publication, posting and mailing.
Example: reduction in the area
3. The court, within 5 days from receipt of the application, issues an order setting the
date and time of the initial hearing, which must not be less than 45 days and not more
than 90 days from the date of the order issued by the court.
4. The order of notice setting the date and time of the hearing must be published once
in the Official Gazette and once in a newspaper of general circulation
 A copy of the order of notice of the trial is again given to the LRA, and the
LRA must cause the publication of the notice in the Official Gazette and in a
newspaper of general circulation
Purpose of publication in Official Gazette: to confer jurisdiction of the land registration
court over the “res” (thing)
 Without publication in the Official Gazette, the court will not acquire
jurisdiction over the res, and any decision rendered by the court is
considered void
 There must be a constructive seizure of the property for the court to
have jurisdiction over the res, and it is only through the publication in the
Official Gazette, that can concur jurisdiction over the res
Purpose of publication in newspaper of general circulation: to serve the purpose of
due process; to give notice of the application for confirmation of imperfect or
incomplete title
WHY: A land registration proceeding is a proceeding in rem, the decision
rendered by the court is binding upon the entire world even against the
national government, and in order for the decision to be binding upon the
entire world, they must be given notice of the application.
 Thus, it is MANDATORY that there must be a PUBLICATION both in the
Official Gazette and in a newspaper of general circulation.
5. Mailing and posting
 There are three steps in publication: 1) publication in the Official Gazette and
in a newspaper of general circulation; 2) publication by mailing; and 3)
publication by posting.
 all three must be complied with; they are mandatory
Q: To whom mailed?
A:
 Those named in the petition. Because in the petition filed in court, the
petitioner must also alleged who are the owners of the adjacent land, owners
of the contiguous land, and as far as practicable, persons who have an
interest or claim over the land, they must be indicated if known and must be
given a copy of the notice for initial hearing.
 The government agencies concerned must also be given notice of the
initial hearing.
-For instance, if within the land, it includes a public road, the DPWH
should be made a respondent in the petition
 If there is a claim of tenant-farmer relationship existing on the land, the
DAR must also be made a respondent in the petition.
 there are certain agencies that have to be given a notice of the
initial hearing in order for them to file their opposition
 PERSONAL NOTICE is NOT INDISPENSABLE. Any person who loses a
property and later questioned the decision of the court on the ground that he
was never given a personal notice of the application as well as the notice of
initial hearing, the decision will not be set aside because the law does not
require personal notice to be served unless the court itself directs that
certain persons will be given notices, and the manner by which the
summons will be served to them.
Mailing- a copy of the order for the initial hearing issued by the court is transmitted to
the government concerned as well as the respondents named in the petition.
In order to prove publication and mailing, it is the LRA that issues a certification that it
has complied with the publication in the Official Gazette and in a newspaper of
general circulation, and the mailing.
Posting- the LRA administrator will direct the sheriff of the court where the case is
filed to cause the posting of the order of the court setting the case for initial hearing
on the land itself, in the municipal building, or in the City hall in order for persons to be
informed of the application for recognition of title over the particular land.
6. All those who have an interest or claim over the land must file their answer or
opposition
Q: Who can file an answer or opposition?
A: (1) By one who has a right of dominion (real right/right of interest) (daming term ni
mam ^^) over the property sought to be brought under the Torrens system; or (2) Sol
Gen in case of representation of the state
 The answer must state the ground for opposition, and the relief that is
sought.
NOTES: the right must be a real right
Examples:
 A homesteader who complied with the requirements of the law even if a
patent has not yet been issued, has a real right over the property
 One who applies for a sale patent which is granted and is now authorized to
enter into the property so that he complies with the requirements provided
for by law, he has a right of interest over the property.
 The owner of an improvement on the land, he must file his answer informing
the court that he is the owner of the improvement because if does not do
that, he is barred forever. Thus, even one with an interest by reason of an
improvement on the land must file his answer to the application.
7. A hearing is conducted to determine the rightful owner of the property.
 The applicant will prove right of ownership and compliance of
requirements with the law
 The oppositors must prove their claims or interest over the land
 They must present incontrovertible evidence that they are the owner of
the property, factual evidence of their OCEN possession and occupation in
the claim of an owner; factual evidence of the classification of the land as
alienable and disposable or as agricultural land that is no longer needed for
pubic service and for the development of national wealth.
 On the date of the initial hearing, if no person, even the state, filed their
opposition or an answer, the applicant must ask the court to issue an
order of default.
2 kinds of order of default: (1) General order of default; and (2)
special order of default
General order of default- is issued if nobody filed an answer or opposition; it is
against all persons even the Government;
Special order of default- if there are persons who filed an answer or opposition, the
applicant must asked the court to issue a special order of default; it is an order
directed against all who did not file an answer; it means that, there are parties who
filed an answer, it is directed only against other who did not file an answer
 An order of default is interlocutory in nature meaning, it cannot be the
subject of an appeal
 A person who has been declared in default cannot participate in the
proceedings unless he first ask for the court to lift the order of default
with respect to him.
 The SC has held that courts should act with liberality in
setting aside order of default in order to determine the true
status and the true owner of the property, to avoid any
fraudulent titling of properties.
  However, where a person does not ask the court to lift the order of
default, it does not preclude him from appealing the decision of the
court. He can still file an appeal once the court rendered the decision.
 Even if the Government does not file an answer, and the
decision has become final and executory, the title is now
incontrovertible, the Government (through the Director of
Lands) can always question the decision of the court; can
always ask for the nullity of the decision rendered by the land
registration court
WHY: (1) Because of the doctrine that the State is never
estopped by the error of the state or the negligence of its
officials or agents; and (2) the Director of Lands has a
continuing authority to investigate the acquisition of lands
of the public domain
 The Director of Lands can ask for the nullity of the decision on
the ground that the land registration court never acquire
jurisdiction over the case and, therefore, the decision is void.
The court never acquire jurisdiction over the case despite
compliance of the procedures provided by law because if the
land was never alienable and disposable, the court never had
jurisdiction. A land registration court has only jurisdiction when
the land that is sought to be applied is a private land, land that
is alienable and disposable. Therefore, the government can
always ask for the reversion of the property even years
later, even if the property passes to the hands of an innocent
purchaser for value.
8. Decision
 The decision of the court becomes final after 15 days from receipt of the
decision, when no appeal is made (with respect to the state, within 15 days
from receipt of the decision by the Office of the Sol Gen.
 Once the decision becomes final and executory, the winning party can ask
now for a writ of possession by a mere motion, if he is not in possession
of the property.
 The writ of possession commands the sheriff to enter into the land
and to give possession in favor of the winning party.
 A writ of possession is issues in case of land registration
proceedings, extrajudicial foreclosure of mortgage, judicial
foreclosure of mortgage where the mortgagor is in possession of
the property, and in case a of writ of execution
 The writ of possession can be executed against all persons, the
losing party, all who participated in the proceedings, assignee or
successors-in-interest of those who participated and were notified
of the proceedings.
 If a person enters the property and asked for possession after the
issuance of the decree of registration, he cannot be ousted or
ejected from the land by a mere motion for the issuance of writ of
possession.
WHY: Whether he has title or not, even if he is a mere
squatter, he cannot be removed from the land unless a case is
filed against him (case for ejectment or action for recovery of
possession) because he cannot be deprived of his day in court.
NOTES: When the decision becomes final and executory, the court directs the LRA to
issue a DECREE OF REGISTRATION. When the LRA issues the decree of
registration, it is transmitted together with the Certificate of Title to the Register of
Deeds (RD). The RD will enter this in its registry book, and that is when there is entry
of the decree of registration.
 It is important to know when the decree of registration is entered
because the court, despite the fact that the decision becomes final
because there is no appeal, continues to maintain jurisdiction over
the case. The court loses jurisdiction over the case only after the
lapse of 1 year from entry of the decree of registration. Prior the
lapse of the 1-year period and since the court has still jurisdiction
over the case, the court can always set aside its decision even if
there is no appeal prior the lapse of the 1-year period. Only when
the decree of registration becomes incontrovertible that the
decision cannot be modified, cancelled, or diminished.
 However, even if the decision already becomes final and executory, the land
is not yet protected by the Torrens system of registration.
 The land is protected under the Torrens system of registration only after the
lapse of 1 year from the entry of the decree of registration issued by
the LRA.
 During the 1-year period, the court has still jurisdiction over the
case unlike in ordinary cases, the court loses jurisdiction over the
case after the decision becomes final and executory except to
enforce it.
9. When the decision becomes final and executory, the court will issue an order to the
LRA to cause the issuance of promulgation of the decree of registration, and to
prepare the owner’s certificate of title
 Once it is done by the LRA, the decree of registration as well as the title is
transmitted to the RD where the property is located.
10. The RD causes the transcription of the decree of registration in its registration
book, and it gives now a duplicate copy of the title to the owner (winning applicant)
 It is only then that the property becomes covered or protected by the Torrens
system of registration
 applicable not only in judicial confirmation of imperfect title, it also applies in
cadastral proceedings.
 All the steps must be complied with because PD 1529 provides that the non-
compliance of any of the procedure is cause for the denial of the petition or
application.
JAN 23, 2020
  The procedures for original registration are the same with cadastral
proceedings under the Cadastral Law
 In cadastral proceedings, it is involuntary.
 One of the steps is that, all those who have an interest in the land whether
named or not, should file their opposition or answer. There claim must be
based on real right. If no one files an answer, the court will issue a general
order of default. If some answered, the court would issue a special order of
default against all who did not file an answer. Even the State will be declared
in default if it does not file an answer, either general or special order of
default.
 If the State claims or has an interest in the property, it must file an
answer but only the State can file an answer to protect the interest
of the state. A private individual cannot file an answer on the
ground that the property sought to be registered is alienable and
disposable land. He has no personality to file an answer on the
ground. It is only the Sol Gen who can file the answer on the
ground.
 If someone files an answer but on the day of initial hearing he fails to appear
as well as his counsel, the court declare the party in default. The SC held in
one case that, if a person filed an answer, his failure to appear on the
initial hearing of the case as well as his counsel, the court should not
declare him in default, he should be allowed to present his evidence
because the court must be presented with all the facts of the case, and the
opposition of others should be able to determine whether the property
should be registered in the name of the applicant or in the name of someone
else.
 If a party presents an evidence, he must present a well-nigh
incontrovertible evidence of his ownership over a property.
Q: What must be prove?
A:
 That the property is alienable and disposable; that it is an agricultural land;
that it is no longer needed for public service or for the development of
national wealth;
HOW: A certification issued by the CENRO and PENRO is not
enough, it must be accompanied by a document signed by DENR
Secretary certifying that the property is alienable and disposable,
agricultural land.
 In fact under PD 1529, it even allows the court to direct the documents
or records of LRA or DENR to shoe that the land is alienable and
disposable of the public domain
 He must be able to present the express and formal declaration of the state
as to the status of the land;
 Must present factual evidence as to the compliance of OCEN possession
and occupation under the concept of an owner;
HOW: he must provide factual evidence of his OCEN possession
and occupation
 Tax declaration and payment of taxes by himself does not prove
ownership, it only proves the payment of taxes, where it is not
accompanied by other evidence proving OCEN possession and
occupation
 HOWEVER, tax declaration and the payment of taxes are good
evidence of possession in the concept of an owner because no person
in his right mind will be paying the taxes unless he believes himself to
be the owner of the property, but it must be coupled with other
evidence.
 Despite proof of payment of taxes of the property as indication of
possession under claim of ownership, the SC in one case rejected it,
and held that it is not sufficient to prove OCEN possession and
occupation because the applicant alleges that he has been in
possession by himself and his predecessors-in-interest, over the
property over the past 30 years because one can tact the possession of
his predecessors-in-interest to compute the number of years allowed by
law. When they checked the documentary evidence, it was found out,
as shown by documents, that the taxes were not paid for the past 30
years. The taxes for the past 30 years were only paid prior to the filing
of the petition for recognition of ownership. Then it goes to show that
they are not in possession of the property even his predecessors-in-
interest because there is was proof that there was no payment for the
past 30 years.
CASE: It showed that they paid the taxes from 1970-1977 but there are no other
documents of payment of the taxes prior to 1970 either by the petitioner or his
predecessors-in-interest, the SC said, it merely shows that they are never in
possession of the property.
 They must prove actual possession of the property because the
concept of the possession must be OCEN, and to prove that, one
must show actual possession of the property.
CASE: Merely raising livestock in an area cannot be considered as OCEN
possession and occupation under claim of ownership
 Proof of OCEN possession would consist a payment of taxes,
making improvements on the land, enclosing the land
 Mere planting on the land is not sufficient
 Principle: Once does not have to have his feet on every
square inch of the ground to be considered in possession
of the entire area for as long as he has exercised actual
possession over a portion of the land, that actual
possession would be now extended to the entire area but
he is disqualified based on the area sought to be brought
under registration
 181 hectares but A only planted few square meters of
the land, that cannot constitute OCEN possession.
Constructive possession in the entire area cannot be
applied in this case
CASE: A claims that by himself or his predecessors-in-interest have been in OCEN
possession of a land over a number of years. He planted mango trees and coconut
trees on the land. It came out that he only planted 300-500 trees in the entire area.
The SC said it is not sufficient to claim OCEN possession of the entire area. That
number of trees can only occupy a small portion of the entire area. Possession over
the small portion cannot be extended to the entire area sought to be brought under
registration.
CASE: A planted coconut and mango trees. But upon inspection, it was found out
that the trees are not yet bearing fruits. The SC said, it only takes 5 years for a
coconut tree to start bearing fruits, and it takes 10 years for a mango tree to bear
fruits. If he have been in OCEN possession for a number of years, why is that it is not
yet bearing fruits. There is no proof of OCEN possession.
CASE: Someone files an opposition, but he only claims a portion of the land subject
of registration by the applicant. If the oppositor is able to prove that he is the one in
OCEN possession of that portion, the court can issue a PARTIAL JUDGMENT with
respect to the uncontested portion of the area. But before the court can issue a partial
judgment, there must be the submission of subdivision plan issued by the DENR.
 During the proceeding, the applicant can deal with the land meaning, while
the petition is being heard in court, he is not precluded from entering into
transactions or dealings with the land, he can encumber, lease, convey, sell
the land. But there is no need for substitution of parties in this case. The
other person whom the applicant may sold the land, need not ask the court
that he will be substituted as the applicant in the case because the law only
requires that the document evidencing the transaction will be submitted to
the court, so that the court will take it into consideration when the court will
now decide the case. If the applicant is confirmed as the owner of the land,
having complied with all the requirements provided by law, instead of
registering the title in his name, it will be registered in the name of the
vendee.
 He must be prove that he is capacitated to acquire public lands that are
alienable and disposable, it is because the land of the Philippines is
reserved for Filipino, and the capacity to acquire public land is dependent on
one’s capacity to acquire public land that is alienable and disposable.
A is a Filipino citizen who is an owner of a parcel of land which was
subsequently sold to an alien citizen. After that, A files a case in court to
declare the sale null and void and to recover the property from the alien
because the Constitution prohibits an alien from acquiring lands in the
Philippines.
1947: The SC held that the Filipino cannot recover the property because A is in pari
delicto.
Present ruling: Where the property is sold to an alien, and subsequent to the he
acquires Filipino citizenship or becomes a naturalized Filipino citizen, the Filipino
cannot recover the property because the purpose of Land Registration Laws is to
preserve the property for Filipino. The purpose is not violated because the alien is
now a Filipino citizen.
Case: The SC held that, a Filipino who sold his property to an alien cannot recover
the property and cannot declare the sale null and void, where the property is
eventually transferred or conveyed by the alien in favor of a Filipino citizen. The
property is now back in the hands of a Filipino citizen. Hence, the purpose of the law
will not be circumvented or violated. The rule on pari delicto will not apply.
Case: A Filipino is married to an alien. The alien buys a real property in the
Philippines but since he is not allowed to acquire property in the Philippines, the
property is registered in the name of the Filipino spouse. After their relationship turn
sour and they separated, the alien files a case against the wife to seek
reimbursement of the purchase price of the property, because the property is
registered in the name of the wife, on the ground that if the wife continuous to keep
the property and not reimburse the purchase price, there is an unjust enrichment at
the expense of another.
SC: If the alien cannot recover the property because he cannot acquire real property
in the Philippines, and neither can he require reimbursement of the purchase price
from the Filipino spouse because if he were allowed to do this, then he will be allowed
to enjoy the fruits of a property which is not allowed to own. It is still a violation of the
law. With respect to the argument of the alien, the SC answered that, between the
Civil Code that prohibits unjust enrichment at the expense of another, this provision of
the law cannot prevail over and above the ultimate law of the land, that is, the
Constitution, which proscribes alien from acquiring real property.
The alien, in causing the registration of property in the name of the Filipino
spouse, being aware that he cannot acquire real property, is violating the Constitution
because he is clandestinely enjoying the property.
 The applicant must have the capacity to acquire public lands. His
capacity to acquire private lands is dependent to his capacity to
acquire public lands
REMEDIES of the true owner of the property (losing party) against the winning
party
Under Rules of Court:
1. Motion for new trial or Motion for reconsideration (Rule 37)
 Within 15 days from receipt of judgment of the land registration court, the
losing party may ask for a new trial on the grounds of (a) FAME or (b) NDE
that were not presented during the trial: or a MR on the ground that the
judgment rendered is contrary to evidence or is contrary to law
2. Appeal within 15 days from receipt of the decision
3. Petition for relief from judgment filed within 60 days from knowledge of the
judgment but not more than 6 months from the entry of judgment (Rule 38)
4. Petition for annulment of judgment on the ground of lack of jurisdiction
Under Property Registration Decree:
1. Petition for review
 Section 31 of PD 1529, a decree of registration binds the land and quiets
title thereto, and everyone is bound by the decree of registration even the
 national government because they come under the term “to whom it may
concern”. The law does not allow now the reopening or the revision of the
decision
 Section 32 allows petition for review of the judgment to be filed within 1 year
from the issuance of the decree of registration (meaning before the title
becomes incontrovertible). HOWEVER, to be able to avail the remedy, (1)
he must have a real right, or interest over the property or must be the
owner of the property, and (2) the only ground is based on extrinsic
fraud; and (3) the property has not yet passed to an innocent purchaser for
value.
o No judgment rendered by a land registration court can be
reopened or reviewed on the basis of minority, absence,
disability, or any proceeding in other courts unless it is based
on actual extrinsic fraud, and it is filed within 1 year.
o The 1-year period is counted not from the time of the issuance by
the LRA of the decree of registration BUT from the time the
decree of registration is registered in the registry book of the
RD. After 1-year, the title is considered incontrovertible. From the
time it is registered, it is already a registered land, but it is not yet
incontrovertible. After the lapse of the 1-year period, title is already
incontrovertible.
o HOWEVER, the losing period need not wait to start the 1-year
period to file the action, which means that even during the 15-day
period within which to file an appeal, one can already file a petition
for review or reopening of the judgment. From the receipt of the
decision, he can already file a petition for review on the ground of
extrinsic fraud provided it does not go beyond 1 year.
Extrinsic fraud- is the fraud committed outside of the court. Intrinsic fraud, on the
other hand, is the fraud committed during the trial of the case (such as use of forged
document, false testimony)
WHY extrinsic fraud is the only ground: because extrinsic fraud deprives
the true owner of the property his day in court; It prevents him from presenting his
evidence of ownership.
NOTES: Even if the case is filed before the lapse of the 1-year period and even if
there is extrinsic fraud committed, if the property is already been transferred to an
innocent purchaser for value, Section 32 can no longer be availed of.
2. Action for reconveyance of the property
 After the lapse of the 1-year period or when the property has already passed
to an innocent purchaser for value, one can no longer ask for a petition for
review of the judgment. The other remedy provided by law is reconveyance
of the property.
Grounds: fraud, implied or constructive trust, void contract
 If the 1-year period from the entry of decree of registration has already
lapsed, the title is already incontrovertible, the judgment can no longer be
modified, the remedy of the losing party is to file an action for reconveyance
within 4 years from the discovery of fraud; within 10 years with respect to
constructive trust; if based on void contract, the action for reconveyance is
imprescriptible
=> he is deemed to have discovered the fraud from the time of
registration of the property because it is the act of registration that is the
notice of the entire world.
=>Constructive trust as a ground: any person who causes title to
property to be registered in his name where he is not the true owner of the
property, holds the property in trust for the true owner. An implied trust is
created. Therefore, the property has to be reconveyed to the owner
=> if the petitioner in an action for reconveyance is in actual
possession of the property, it is also imprecriptible because an action for
reconveyance is actually an action to quiet title. Under the Civil Code, an
action to quiet title is imprescriptible but he must be in possession of the
property.
 In action for reconveyance, he respects the decision rendered by the land
registration court and respects that the title is already incontrovertible, he is
no longer questioning the decision, he admits and respects that the title is
incontrovertible. But since he is the true owner of the property, he will ask
that the Original certificate of title (OCT) issued to the winning party will be
cancelled and a TRANSFER CERTIFICATE OF TITLE will be issued in the
name of the true owner of the property.
3. Action for damages
 If the property can no longer be reconveyed because the property has
already passed to an innocent purchaser for value, he can file a case for
damages against the person who caused him to lose his interest or right
over the property.
4. Action for compensation against the Assurance fund
 If the person who caused the registration in his name who is not the true
owner of the property, is insolvent. The remedy is to go after the
ASSURANCE FUND. The party in this case is the State as represented by
the National Treasurer.
2 instances where one who is deprived of property can file an action against
the assurance fund:
a. If the act of bringing the land under the Torrens of registration is by reason of
the omission, mistake, misfeasance of the court personnel, employees of the
RD in performance of their duties in the land registration proceedings
b. In cases where it is through no omission, mistake misfeasance of court
personnel, RD or the employees of the RD but because of the act of a
private person who was able to have the title registered in his name but
because he is insolvent, the remedy is to file against the National Treasurer,
the RD and the private person.
 In either case, there must be proof that there was no negligence on the part
of the person claiming against the assurance fund.
5. Action for reversion (remedy by the state)
  In case the land is not alienable and disposable, it is only the state who can
file a case to recover the land; it is only the state who can set up a complaint
for reversion on the ground that the property is not alienable and disposable.
A private person cannot use this in order to set aside the decision of the land
registration court. It is the Sol Gen who represents the state
INSTANCES:
(1) in cases where the land is not alienable and disposable, there is no prescriptive
period, the state is not estopped by the omission or negligence of its public officials or
employees
WHY prescription is not a defense against the state: (a) land that is not alienable
and disposable cannot be acquire by prescription or adverse possession; and (b)
where a decision is rendered involving a land that is not alienable and disposable, the
decision of the court is null and void because the court never acquires jurisdiction
over the res. The court can only acquire jurisdiction over the property if the land is
alienable and disposable.
(2) if there is a violation of constitutional provision
(3) If there is a violation of Property Registration Decree of the Public Land Act
6. File a criminal case in cases where the evidence used were based on
perjury or forged document.
CADASTRAL PROCEEDINGS
 Another way of bringing a property under the Torrens system of registration
is through a cadastral proceeding
 In cadastral proceeding, it is involuntary. In it is the state that files
the case in court, and all persons who claimed an interest in the
land that is surveyed must file their answer.
PROCEDURES:
 When in the opinion of the President, public interest will be served, the
Director of Lands who caused a survey and who files the proceedings in
court in order that unregistered lands be settled and adjudicated
 It is the President who directs that a survey will be conducted in a
municipality
 It is the state who takes an action to cause a survey a file an action
against all persons within that area
 The Bureau of Lands issues a notice to all persons concerned in the area
sought to be surveyed to inform them that on this date and time, the land
within the municipality is sought to be surveyed.
REASON: So that this person will appear on the day of survey and point
now that the area is divided into lots, the boundaries and limits of the area being
claim. After that, he must file an answer.
 Notice of the survey must be published once in an Official Gazette, there
must be posting on the land of the date of the survey; there must be notice
given to the mayor, barangay captain, sangguniang panlalawigan.
 The survey of the land is subject to publication because publication will grant
jurisdiction to the cadastral court.
 In cadastral proceedings, it only covers an unregistered land, it cannot cover
registered lands because the purpose of cadastral proceedings is to settle
and adjudicate title to unregistered lands. If the land is already registered,
then title is already settled and adjudicated.
o If within the municipality that is surveyed, there are registered
lands, they cannot be a subject of cadastral proceedings, they
cannot be again the subject of adjudication because title has
already been adjudicated and settled
o HOWEVER, the court can now cause a change in the technical
description of registered lands in the area that is surveyed if only for
the purpose of correcting technical errors in the description
provided it will not impair the rights of the registered owner.
 If one who files an answer is unable or his evidence is unable to prove
his title, the land will now be considered as public land. If the decision of
the cadastral court is final and executory, the losing party can still file for
original registration of imperfect or incomplete title because the decision
rendered by the cadastral court is not the final decision for purposes of res
judicata. That means, even if he loss in cadastral proceeding, he can still file
for confirmation of imperfect or incomplete title provided, despite the fact that
he loses in cadastral proceedings, he must still continue to be in possession
of the property in the manner provided by law.
 If the applicant is able to prove OCEN possession of the cadastral land,
and the court declares him to be the owner of the land, once he is declared
as the owner of the property, he will be immediately issued of a title
UNLIKE in original registration, where there is a need to wait for the lapse of
15-day period before the court directs the LRA to issue a decree of
registration, which decree of registration will be forwarded to the RD, entered
in the books RD, the property is now considered a registered land, and wait
for the lapse of 1 year from the entry of decree of registration before the title
becomes incontrovertible. Under the cadastral proceedings, if there no
appeal is taken and the 15-day period has lapsed, and the court now
issues an order for the issuance of title, from the time the decision has
already become final, the land is already considered as registered land
in favor of the winning person who filed an answer. It is from that time
that we wait the period of 1 year to lapse so that the title considered
registered, will be considered incontrovertible. There is no need to direct the
LRA to issue the decree of registration and to wait to be registered in the RD
to be considered as registered land.
o The 1-year period within which to file a petition for review is not
counted from time of registration with the RD but counted from
the lapse of 15-day period.
 JAN 30, 2020
PROTECTIONS given by law to lands covered by the Torrens title:
1. Any decree of registration and the title that is issued by the Land
Registration Authority (LRA), the presumption is that, the title is valid, legal,
and regularly issued.
 Whoever claims that the title was not validly, legally and regularly issued
must present an indisputable evidence to overcome this presumption of
regularity in the issuance of certificate of title.
2. The Certificate of Title is the best evidence of ownership over the land.
WHY: Because in a certificate of title, the name of the registered owner will be stated,
his/her nationality, civil status, if married, it may also include the name of the spouse;
if the property is a conjugal property it will be registered in the name of spouses
 The original certificate of title is considered the transcription of the decree of
registration
 The certificate of title accumulate in one document a precise and complete
statement of the exact status of fee simple ownership of the registered
owner
 The certificate of title is conclusive as to what stated in that title specifically,
with respect to the owner of the land and the identity of the land because a
certificate of title will indicate the name of the owner of the land, and the
identity of the land (technical description of the land), so when it comes as to
who is the owner of the land, the CERTIFICATE OF TITLE is the best
evidence of ownership and identity of the land; it is conclusive as to the
ownership of the land
3. With respect to unregistered claims
 Any transaction involving a property covered by a Torrens title or even prior
to it being registered, when a proceeding is filed for the registration or
perfection of imperfect or incomplete title, anyone who has an interest or
who claims a right or interest over the land, must file an answer in order that
this interest over the land will now be adjudicate by court, and if valid, it will
be noted in the title.
 If one did not file an answer, his interest or claim over the property is forever
barred.
 Any subsequent transaction involving the land covered by the Torrens title
must be registered and enter in the Register of Deed so that it can be noted
in the title
WHY: Because registration is the operative act that give notice to the
entire world; the registration binds the whole world that gives a
constructive notice to the entire world; if it is not registered, there is no
constructive notice to the entire world.
*Distinction between voluntary transaction and involuntary transaction:
Voluntary transaction- is where the owner voluntary enters into a transaction
Example: donation, lease more than 1 year, sale
 In order for the transaction to be registered and in order for it to bind third
persons or entire world, it is not enough that the document evidence in the
transaction is filed with the Register of Deeds (RD), there is a need also for
the surrender of duplicate title so that, the voluntary transaction will also be
noted in the copy of the owner. The Register of Deeds will not enter or
register the transaction unless the title of the owner in his possession will
likewise surrendered so that it will be annotated in that title as well as the
certificate of title in the possession of the RD.
 If what is involved is an involuntary transaction over the land, the mere entry
in the primary book of the RD is already considered as registration, and it
now binds the entire world. In involuntary transaction, there is no need for it
to be noted in the copy of title of the owner; but with respect to voluntary
transaction, it must also be noted in the owner’s duplicate of title in order for
it to be considered as registered
Example: adverse claim over the land, lis pindens, attachment
Mirror principle- provides that the certificate of title reflects the correct and exact
status of the land with respect to the identity of the land, the location of the land, and
the owner of the land
Curtain principle- any person dealing with the registered land need not look behind
the certificate in order to determine the status of the land; in order to determine if any
other person has any claim or interest to the land, he merely relies on what is stated
in the certificate of title because the certificate of title is a reflection of the true and
exact status of the land.
Exception: One who has actual knowledge in the interest or claim of a third
person over the land even if the interest is not noted in the title
 With respect to him, that knowledge is already considered as registration
 Where there is nothing that would bring about suspicion as to the status of
the land or claim of another person, one need not go behind the certificate,
he can merely rely on the title, BUT if there are circumstances that will now
bring suspicion, there must be an investigation made, otherwise he will not
be considered as an INNOCENT PURCHASER AND FOR VALUE.
o HOWEVER with respect to banks, banking institution, financial
institution, or private individuals engaged in the business of giving
out loans requiring real property as security, the law requires higher
decree of diligence because they are imbued with public interest;
meaning they cannot merely rely on the title, and there must be an
investigation conducted with respect to the status of the land, to
determine if someone else is in possession of the land, and not the
mortgagor.
 4. A property covered by the Torrens title is imprescriptible (Section 47, PD
1529)
 No title to registered lands, interrogation of the registered owner’s title can
be acquired by prescription or adverse possession because the title is now
considered imprescriptible since it is covered now by the Torrens title
 Even if the owner is not in possession of the property and someone else
enters in the property or is in actual possession of the property, his
possession is open, continuous, exclusive, notorious for several years as
required by law for purposes of prescription or adverse possession, he
cannot acquire it because the title of the registered owner is imprescriptible.
Exception: Laches
Laches- unexplained and unreasonable length of time where one with
due diligence does not assert his right; the presumption is he has already
abandoned his right; laches is an equitable defense
-also called as equitable estoppel
-the owner is estopped from asserting his right, his right being
considered now as a stale demand
 If it cannot be acquired by prescription or adverse possession, the right to
recover possession of the property by the registered owner is also
considered as imprescriptible; meaning at any time, the registered owner
may always file an action for recovery of possession because possession is
merely an incident of ownership
5. No collateral attack on the title (Section 48, PD 1529)
 Once there is a decree of registration, any judgment rendered with respect
to title to registered land cannot be altered, modified, diminished or change,
and an attack on the title can never be made by way of a collateral attack.
 If one wishes to question the title issued by the court, it must always be by
direct attack and only under the instances permitted by law.
Exception: extrinsic fraud is committed
Remedy: Petition for review (Section 32, PD 1529) which can only be
brought within t1 year from the decree of registration; beyond that, the judgment
issued by the LR court can no longer be questioned
6. Protection against double sale
Article 1544, NCC: applies only to registered lands; double sale of land covered by
the Torrens title
 The one who first cause the registration of the land in good faith will be
prefer; if there is no registration, the first one who takes possession of the
property in good faith will be preferred; if there is no possession, the one
who introduced the oldest title
“first in time, stronger/better in right”- it applies in the case of unregistered land
7. Protection against double registration
 There are two titles involving the same land in whole or in part
o The law provides that the one who is preferred is the one who has
a title that has an earlier date
o Despite the fact that the law provides that a certificate of title is
conclusive as to the ownership over the land, registration is merely
a confirmation of ownership, it is not a mode of acquiring
ownership, this means that if one caused the registration of land in
his name, where the registration is accompanied by fraud or
forgery, or mistake, it will not be considered as protected because
the Torrens system cannot be used as a shield to perpetrate fraud,
or to unjustly enrich oneself at the expense of another person.
When a person causes the registration of a property in his name
when there is another who is the true owner of the property, the law
provides that the property is merely held in trust for the true owner
of the property.
o Despite the fact that the law provides that a certificate of title is
conclusive as to the ownership over the land, it does not apply
where the registration is tainted with forgery, fraud, mistake or any
irregularity
 A void title or forged document can be the basis of a valid title
WHY: because of merely relying on the title, one need not go behind the
certificate of title
 This is pursuant to the curtain principle
 VOID TITLE because he is not the owner of the property, any transfer of title
involving the property is also considered as void.
 If the land transferred is not alienable and disposable, the title transferred is
considered void because the first title is a void title.