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Well settled is the rule that all b. such right arose subsequent to
persons dealing with property date of original registration;
covered by Torrens certificate of c. no other provision is made in the
title are not required to go Decree for the registration of such
beyond what appears on the face right or claim
of the title. When there is (Sec. 70, 1st par., P.D. 1529)
nothing on the COT indicating Formal requisites of an adverse
any cloud or vice in the claim for purposes of registration:
ownership of the property, or a) adverse claimant must state the
any encumbrance thereon, the following in writing:
purchaser is not required to 1) his alleged right or interest
explore further than what the 2) how and under whom such
Torrens Title upon its face alleged right or interest is
indicates in quest for any hidden acquired
defect or inchoate right that 3) the description of the land in
may subsequently defeat his which the right or interest is
right thereto. [Centeno vs CA, claimed
139 SCRA 545, 555 (1985)] 4) the certificate of title
Exceptions for applicability: number
1) purchaser in bad faith [Egao b) such statement must be signed
vs. CA, 174 SCRA 484, 492 and sworn to before a notary
(1989)]; public
2) sufficiently strong indications c) claimant shall state his residence
to impel closer inquiry into the or place to which all notices may
location, boundaries and be served upon him
condition of the lot. (Francisco an adverse claim is a notice to third
vs. CA 153 SCRA 330, 336, 337); persons that someone is claiming an
3) where a person buys land not interest on the property or has a
from the registered owner but better right than the registered
from one whose right to the land owner thereof, and that any
has been merely annotated on transaction regarding the disputed
the COT. (Quiniano vs. CA 39 land is subject to the outcome of the
SCRA 221); dispute (Sajonas vs CA, [GR No.
4) purchaser of land the 102377, July 5, 1996)
certificate of title contains a notice of lis pendens is intended to
notice of lis pendens; constructively advise, or warn all
5) purchaser with full knowledge people who deal with the property
of flaws and defects in the that they so deal with it at their own
title.(Bernales vs. IAC 166 SCRA risk, and whatever rights they may
519, 524; Lu vs. Manipon, 381 acquire in the property in any
SCRA 788) voluntary transaction are subject to
the results of the action, and may
2. Involuntary Dealings well be inferior and subordinate to
Involuntary dealings affecting those which may be finally
registered land which must be determined and laid down therein.
registered: (Heirs of Maria Marasigan vs IAC. 152
a. attachments SCRA 253).
b. sale on execution or for taxes or
for any assessment Notice of lis pendens is proper in the
c. adverse claim following cases:
d. notice of lis pendens 1. to recover possession of real estate
2. to quiet title thereto
Claim or interest is adverse when: 3. to remove clouds upon the title
a. claimant’s right or interest in thereof
registered land is adverse to the 4. for partition, and
registered owner;
the manner and concept provided by sections can only be granted if there
law. is unanimity among the parties, or
Extended period for filing of that there is no adverse claim or
application: Section 1, RA No. 9176 serious objection on the part of any
provides in part that “The time to be party in interest; otherwise, the case
fixed in the entire archipelago for becomes controversial and should be
the filing of applications under this threshed out in an ordinary case or
chapter shall not extend beyond 31 in the case where the incident
December 2020. Provided that the properly belongs. (Tagaytay-Taal vs.
area applied for does not exceed CA. 273 SCRA 182)
twelve (12) hectares.”
EXCEPTION: Delegated Jurisdiction of
Section 3 of RA No. 7196 provides the MTC to hear and determine cadastral
that “All pending applications filed or land registration cases covering lots
before the effectivity of this where there is no controversy or
amendatory act shall be treated as opposition, or contested lots, the value
having been filed in accordance with of which does not exceed P100,000.00
the provisions of this Act.”
Publication, Mailing, and Posting
Filing of Application (Extent of Requirements: (PMP)
Jurisdiction) - compliance is mandatory and
GENERAL RULE: Application for land jurisdictional [Republic vs. Marasigan,
registration shall be filed with the RTC 198 SCRA 219 (1991)]
of the province or city where the land is
situated. 1. Publication of notice of initial
DOCTRINES: hearing
PD No. 1529 has eliminated the Official Gazette and newspaper of
distinction between the general general circulation (Sec. 23, P.D.
jurisdiction vested in the RTC and 1529)
the limited jurisdiction conferred Purposes:
upon it by the former law when a. To confer jurisdiction over the
acting merely as land registration land applied for upon the court
court. Aimed at avoiding b. To charge the whole world with
multiplicity of suits, the change has knowledge of the application of
simplified registration proceedings the land involved
by conferring upon the regional trial NOTE: If it is later shown that the
courts the authority to act not only decree of registration had included land
on original applications but also or lands not included in the original
those filed after original application as published, then the
registration, with power to hear and registration proceedings and the decree
determine all questions arising upon of registration must be declared null and
such applications or petitions. void insofar – but only insofar- as the
(Averia vs. Caguioa. 146 SCRA 459 ; land not included in the publication is
Ignacio vs CA 246 SCRA 242) concerned. This is so because the court
The issues raised before the RTC did not acquire jurisdiction over the land
sitting as a land registration or not included in the publication- the
cadastral court involved substantial publication being the basis of the
or controversial matters and, jurisdiction of the court. (Benin vs.
consequently, beyond said court’s Tuason. 57 SCRA 531)
jurisdiction. The issues may be If difference is not so substantial as
resolved only by a court of general it would not affect the identity of
jurisdiction. Thus, petitions under the land, republication is not
Secs. 75 and 108 of PD 1529 can be necessary.
taken cognizance of by the RTC If the amendment of the survey plan
sitting as a land registration or during the registration proceedings
cadastral court but relief under said does not involve an addition, but on
the contrary, a reduction of the before the date of initial hearing, and
original area that was published, no shall be conclusive proof of such fact
new publication is required. (Secion 24, P.D. 1529).
[Republic vs. CA, 71 SCRA 665
(1996)] NOTE: Service of Notice upon contiguous
Publication alone in newspaper of owners:
general circulation would not suffice indispensable
to confer jurisdiction to RTC. It must lack of service constitutes
be published in the Official Gazette “extrinsic fraud”
in order that jurisdiction to court be
conferred. Answer or Opposition
oppositor to an application need not
2. Mailing be named in the notice of initial
Mailing of the Notice of Hearing hearing.
Administrator of Land Registration adverse claimants must set forth in
Authority shall cause a copy of the their answer all their objections to
notice of initial hearing of the the application and must claim an
application to be mailed to the interest to the property applied for,
following: based on a right of dominion or some
a) Every person named in the other real right independent of, and
notice whose address is known not at all subordinate, to the rights
b) Secretary of DPWH, Provincial of the government.
Governor, and Mayor of the
municipality or city, as the case The following may be proper
may be, in which the land lies, if oppositors:
applicant requests to have the 1. a homesteader who have not yet
line of a public way or road been issued his title but who had
determined fulfilled all the conditions required
c) Secretary of DAR, Solicitor by law to entitle him to a patent;
General, Director of Land 2. a purchaser of friar land before the
Management, Director of Mines issuance of the patent to him; and
and/or Director of Fisheries and 3. persons who claim to be in
Aquatic Resources, as the case possession of a tract of public land
may be, if the land borders on a and have applied with the Bureau of
river, navigable stream or shore, Lands for its purchase.
or on an arm of the sea where a
river or harbor line has been Evidence
established, or on a lake, or if it The applicant must prove:
otherwise appears from the 1. that the land applied for has been
application that a tenant-farmer declassified from the forest or
or the national government may timber zone and is a public
have a claim adverse to the agricultural land, is alienable and
applicant. disposable, or otherwise capable of
registration.
c) Posting NOTE: Specific evidence
Posting of the copy of the Notice of a) Presidential proclamation
Hearing is a duty of the Sheriff which b) Executive Order
must be made at least 14 days c) Administrative Order issued by
before date of initial hearing, in the Secretary of DENR
conspicuous places. d) Bureau of Forest Development
Land Classification Map
NOTE: Certification of the Administrator e) Certification by Director of
of LRA and of the Sheriff concerned to Forestry
the effect that the notice of initial f) Investigation reports of Bureau
hearing, as required by law, has been of Lands investigator
complied with shall be filed in the case g) Legislative act or by statute
2. The identity of the land long do not start the running of the
NOTE: Proof of Identity of land period of prescription. (Ordoñez vs.
a) Survey plan in general CA, 188 SCRA 109);
b) Tracing cloth plan and blue print d) where applicants tacked their
copies of plan possession to that of their
c) Technical description of the land predecessor-in-interest but they did
d) Tax declarations not present him as witness or when
e) Boundaries and area no proofs of what acts of ownership
and cultivation were performed by
3. Possession and occupation of the the predecessor (Dir. of Lands vs.
land for the length of time and in Datu, 115 SCRA 25)
the manner required by law e) mere failure of Fiscal representing
Effect of Possession the State to cross-examine the
General Rule: Open, exclusive and applicant on the claimed possession
undisputed possession of alienable public [Republic vs. Lee, 197 SCRA 1320
land for the period prescribed by law (1991)];
creates the legal fiction whereby the f) possession of other persons in the
land, upon completion of the requisite land applied for impugns the
period ipso jure and without need of excusive quality of the applicant’s
judicial or other sanctions, ceases to be possession (Dir. of Lands vs. CA and
public land and becomes private Salazar, 133 SCRA 701)
property.
The present possessor may NOTE: Proof of private ownership
complete the period necessary for a. Spanish title, impending cases
prescription by tacking his possession NOTE: Although Spanish titles are
to that of his grantor or predecessor- now inadmissible and ineffective as
in-interest (Article 1138, Civil Code) proof of ownership in land
Tacking of possession is allowed registration proceedings filed after
only when there is privity of contract Aug. 16, 1976, so that all lands
or relationship between the previous granted under the Spanish mortgage
and present possessors [South City law system of registration which are
Homes, Inc. vs. Republic, 185 SCRA not yet covered by a certificate of
700 (1990)] title issued under the Torrens system
are deemed as unregistered land,
Insufficient proofs of possession: there are still cases in court which
a) mere casual cultivation of portions particularly involve possessory
of the land by claimant. Reason: information titles
possession is not exclusive and
notorious so as to give rise to a b. Tax declarations and tax payments
presumptive grant from the State NOTES:
(Republic vs. Vera, 120 SCRA 210; While tax declarations and real
Director of Lands vs. Reyes 68 SCRA estate tax receipts are not
177) conclusive evidence of ownership, if
b) tax declaration of land sought to be presented as documentary evidence
registered which is not in the name coupled with proof of actual
of applicant but in the name of possession for the period required by
deceased parents of an oppositor. law of the land, they are evidences
Reason: possession of applicant is of ownership. (Heirs of Maningding
not completely adverse or open, nor vs CA 276 SCRA). Moreover, even if
it is truly in the concept of an belatedly declared for taxation
owner. (Sunga vs. De Guzman, 90 purposes, it does not negate
SCRA 618); possession especially if there is no
c) holding of property by mere other claimant of the land (RP vs CA
tolerance of the owner. Reason: and Divinaflor 349 SCRA)
holder is not in the concept of owner Where the taxes for 31 years,
and possessory acts no matter how 1946 to 1976, were paid only in
prescription. (Rivera vs. CA, 244 adjudication of title to the lands or lots
SCRA 218) involved in said proceeding.
120 SCRA 210; Widows and Orphans has become final and a new trial is
Assoc., Inc. vs CA 201 SCRA 165.) not available
Grounds: when a judgment is
P.D. No. 1529 CADASTRAL entered against a party through
1. Nature of Registration fraud, accident, mistake, or
Voluntary Compulsory excusable negligence, such party
2. Applicant may file a petition in the court that
Landowner Director of Lands rendered such judgment praying that
3. Lands Covered the said judgment be set aside.
Usually involves all classes of lands Period of filing: within 60 days after
private land; it may are included the petitioner learns of the
also refer to public
judgment, order, or proceeding and
agricultural lands if
the object of the not more than 6 months after such
action is judgment or order was entered or
confirmation of an such proceeding was taken.
imperfect title
4. Parties 3. Appeal
Applicant and Landowners must under P.D. 1529, judgments and
opponent come to court as orders in land registration cases are
claimants of their appealable to the Court of Appeals
own lands or to the Supreme Court in the same
5. Purpose
manner as ordinary actions
Petitioner comes to Government asks the
court to confirm his court to settle and
must be filed within 15 days from
title and seeks the adjudicate the title receipt of the judgment or final
registration of the of the land order appealed from.
land in his name
6. Person who Requests the Survey 4. Petition for Review (of a DECREE)
Landowner Government any person may file a petition for
7. Effect of Judgment review to set aside the decree of
No adverse claim; if if none of the registration on the ground that he
the applicant fails to applicants can prove was deprived of their opportunity to
prove his title, his that he is entitled to be heard in the original registration
application may be the land, the same
case not later than one (1) year after
dismissed without shall be declared
prejudice (no res public (res judicata) the entry of the decree.
judicata) NOTE: It is a petition for REVIEW OF
JUDGEMENT when it is filed after
REMEDIES OF AGGRIEVED PARTY IN rendition of the decision but before the
REGISTRATION PROCEEDINGS entry of the decree of registration. And
it is a petition for REVIEW OF THE
1. New Trial DECREE when it is filed within the one
Grounds: (Section1 Rule 37,Rules of year period after such entry.
Court)
a. fraud, accident, mistake or Grounds for review of the decree:
excusable negligence which a) actual or extrinsic fraud – refers
ordinary prudence could not to any fraudulent act of the
have guarded against successful party in a litigation which
b. newly discovered evidence is committed outside the trial of a
c. award of excessive damages, or case against the defeated party, his
insufficiency of the evidence to agents, attorneys or witnesses,
justify the decision whereby defeated party is prevented
Period of filing: within the 15-day from presenting full and fairly his
period for perfecting an appeal side.
b)fatal infirmity in the decision for
2. Relief from Judgment want of due process (Tiongco vs, De
Nature: subsidiary remedy, i.e. may la Merced, 58, SCRA 89);
be availed only when the judgment c) lack of jurisdiction of the court