Oabel, Jean Monique C.

Land Titles and Deeds

2C-JD5

LTD Questions set no. 2

1. What are the functions of the Land Registration Authority? Can the LRA represent
the government in Land Registration?

As provided under Section 6(2) of Presidential Decree No. 1529, the Land
Registration Authority shall have the following functions:

(a) Extend speedy and effective assistance to the Department of Agrarian Reform,
the Land Bank, and other agencies in the implementation of the land reform
program of the government;
(b) Extend assistance to courts in ordinary and cadastral land registration
proceedings;
(c) Be the central repository of records relative to original registration of lands
titled under the Torrens system, including subdivision and consolidation plans of
titled lands.

No. The LRA has no authority to represent the government in registration

proceedings. The Solicitor General as counsel of the government, shall represent the
government. The functions enumerated of the LRA is bereft of any grant of power to
make the representation as the Solicitor General on behalf of the government in land
registration proceedings

2. What are the functions of the Register of Deeds? Are all legal instruments dealing
with conveyance or affecting registered lands, required to be registered with the
RDs? What is the effect of non registration of deeds to interested parties?

Section 10 of PD No. 1529 provides for the general functions of Registers of

Deeds. The office of the Register of Deeds constitutes 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. It shall be the duty of the
Register of Deeds to immediately register an instrument presented for registration
dealing with real or personal property which complies with all the requisites for
registration. He shall see to it that said instrument bears the proper documentary
and science stamps and that the same are properly canceled. If the instrument is not
registerable, he shall forthwith deny registration thereof and inform the presentor
of such denial in writing, stating the ground or reason therefor, and advising him of
his right to appeal by consulta in accordance with Section 117 of the Decree.

No. All legal instruments dealing with conveyance or affecting registered lands,
are not required to be registered with the RDs. However, the act of registration shall
 be the operative act to convey or affect the land insofar as third persons are
concerned.

Non-registration of deeds is binding only between the seller and the buyer or
interested parties but does not affect innocent 3rd persons. Section 51 of PD 1529
provides that “no deed, mortgage, lease, or other voluntary instrument – except a
will- purporting to convey or affect registered land shall take effect as a conveyance
or bind the land until its registration.”

3. Can the RDs be compelled by Mandamus to accept registration of properties, Why?

No. The Register of Deeds cannot be compelled by mandamus to accept

registration of properties to comply with the order of the Court for the issuance of
new certificates of title where there are existing transfer certificates of title covering
the subject parcels of land and there are reason to question the rights of those
requesting for the issuance of the new titles.

LRA is not legally obligated to follow the court’s order for the issuance of the
decree. The issuance of a decree of registration is part of the judicial function of
courts and is not compellable by mandamus because it involves the exercise of
discretion. Writ of mandamus can only be had when the plaintiff’s legal right to the
performance of the particular act which is sought to be compelled is clear and
complete. But where the right sought to be enforced is in substantial doubt or
dispute mandamus cannot issue.

4. Distinguish Ministerial functions and discretionary functions.

Ministerial function is one the discharge of which by the officer concerned is

imperative and requires neither judgment nor discretion. The exercise of ministerial
powers may be compelled. He has no discretion whether to execute a judgment or
not.

Discretionary is one imposed by law upon a public officer wherein the officer
has the right to decide how and when the duty shall be performed.

5. What are the instances wherein the RDs are allowed to refuse registration?

Instances where the Register of Deeds may be justified in denying registration

include the following: 1.) where there are several copies of the title (co-owner's
duplicate) but only one is presented with the instrument to be registered; 2.) where
the property is presumed to be conjugal but the instrument of conveyance bears the
signature of only one spouse.; 3.) where there is a pending case in court where the
 character of the land and validity of the conveyance are in issue; and 4.) where
required certificates or documents are not submitted.

6. Supposing A, has a valid and existing title and A wants to transfer the ownership to
B. How will you advise A?

As provided under Section 57 of PD No. 1529, “An owner desiring to convey

his registered land in fee simple shall execute and register a deed of conveyance in a
form sufficient in law. The Register of Deeds shall thereafter make out in the
registration book a new certificate of title to the grantee and shall prepare and deliver
to him an owner's duplicate certificate. The Register of Deeds shall note upon the
original and duplicate certificate the date of transfer, the volume and page of the
registration book in which the new certificate is registered and a reference by number
to the last preceding certificate. The original and the owner's duplicate of the
grantor's certificate shall be stamped "canceled". The deed of conveyance shall be
filled and indorsed with the number and the place of registration of the certificate of
title of the land conveyed.”

7. Who may apply for registration of land in the Philippines under the law?

As provided by Sec. 14 of 1529, persons who may apply for registration

include : 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 public domain under a bona fide
claim of ownership since June 12,1945 or earlier; 2. those who have acquired
ownership of private lands by prescription under provisions of existing laws; 3.
those who have acquired ownership of private lands or abandoned river beds by
right of accession or accretion; or 4. those who have acquired ownership of land
by any other manner provided by law. Where the land is owned in common, all the
co-owners shall file the application jointly.

8. Can the following apply registration of public land in the Philippines? a) Alien b)
Foreign corporation c) person who re-acquired Filipino Citizen d) Former Filipino
citizen e) dual citizen f) Person with Filipino mother and alien father g) domestic
corporation

a. No. Generally, an alien cannot acquire private lands since the ban on aliens is
intended to preserve the nation’s land for future generations of Filipinos.
However, the list of exceptions to the restriction are as follows:

1. Acquisition before the 1935 Constitution

2. Acquisition through hereditary succession if the foreigner is a legal or
natural heir
3. Purchase of not more than 40% interest in a condominium project
 4. Purchase by a former natural-born Filipino citizen subject to the
limitations prescribed by law (natural-born Filipinos who acquired
foreign citizenship is entitled to own up to 5,000 sq.m. of residential
land, and 1 hectare of agricultural or farm land).
5. Filipinos who are married to aliens and able to retain their Filipino
citizenship (unless by their act or omission they have renounced their
Filipino citizenship)

b. No.  The  word  “persons”  refers  to  natural  persons  who  are  citizens  of 
the  Philippines.  Juridical or artificial persons are excluded.  Sec. 3, 
Art. XII of the 1987 Constitution prohibits private  corporations  or 
associations  from  holding  alienable lands of the public domain except by 
lease not exceeding 1,000 hectares. Such lease shall not exceed twenty five
(25) years and renewable for not more than twenty five (25) years.

c. Yes. The aim is achieved by making lawful the acquisition of real estate by
persons who reacquired Filipino citizenship. As the property in dispute is
already in the hands of a qualified person, a Filipino citizen, there would be
no more public policy to be protected. The objective of the constitutional
provision to keep our lands in Filipino hands has been achieved.

d. Yes, provided that foreign nationals can apply for registration of title over a
parcel of land which they acquired by purchase while still citizens of the
Philippines.

e. Under the Dual Citizenship Law of 2003 (RA 9225), former Filipinos who
became naturalized citizens of foreign countries are deemed not to have lost
their Philippine citizenship, thus enabling them to enjoy all the rights and
privileges of a Filipino citizen regarding land ownership in the Philippines

f. Yes. They are able to enjoy all the rights and privileges of a Filipino citizen
regarding land ownership in the Philippines.

g. It depends. Corporation sole can acquire by purchase a parcel of private

agricultural land without violating the constitutional prohibition since it
has no nationality. Corporation can acquire private lands provided that at
least 60% are Filipinos as (Sec. 7, Art. XII, 1987 Constitution); and 2.
acquisition is restricted as to extent reasonably necessary to enable it to
carry out purpose for which it was created. If it is engaged in agriculture, it is
restricted to 1,024 hectares. It can also apply for registration through lease
not exceeding 1,000 hectares. Such lease shall not exceed twenty five (25
years and renewable for not more than twenty five (25) years. (Sec. 3,
Art. XII, 1987 Constitution). Determinative of this issue is the character of
the parcels of land – whether they were still public or already private – when
the registration proceedings were commenced. If they are already private
 lands, the constitutional prohibition against acquisitions by a private
corporation would not apply.

9. Supposing A, B, C co-own a property, can they apply individual copy of title from the
RD? supposing C wants to sell already his share of the property, how will you advise
C?

No. Since a co-owner cannot be considered a true owner of a specific

portion until division or partition is effected, he cannot file an application for
registration of the whole area without joining the co‐owners as applicants. Thus,
where the land is owned in common, all the co-owners shall file the application
jointly. (Sec. 14, PD 1529) 

10. Can an agricultural land be subject to prescription? Supposing A, has been

occupying an agricultural land for more than 30 years, is the land already
registrable?

Yes. PD1529 and its amendatory PD1073 didn’t preclude application for
registration of alienable lands of the public domain, possession over which
commenced only after June 12, 1945, considering Section 14 (2) which governs and
authorizes the application of those who have acquired ownership of private lands by
prescription under the provisions of existing laws .

Yes. Properties classified as alienable public land may be converted into

private property by ordinary prescription of 10 years, or extraordinary prescription
of 30 years, without need of title or good faith. With such conversion, such property
may now fall within the contemplation of private lands and may be registered even
if the possession commenced after June 12, 1945.

11. What do you mean by Alienable and disposable (A&D) lands? Are all Agricultural
lands all A&D Lands? Are all A&D land Agricultural Lands?

Alienable and disposable lands refer to those lands of the public domain
which have been the subject of the present system of classification and declared as
not needed for forest, mineral purposes or national parks.

Yes. All Agricultural lands are alienable and disposable lands but not all
alienable and disposable lands are agricultural lands. Lands of the public domain
which are alienable or open to disposition may be further classified as agricultural,
residential, commercial, or industrial, or for similar productive purposes,
educational, charitable, or other similar purpose, and reservations for townsites and
for public and quasi-public uses.