UP LAW BOC LAND TITLES AND DEEDS CIVIL LAW

CIVIL LAW
LAND TITLES
AND DEEDS

PAGE 454 OF 574

UP LAW BOC LAND TITLES AND DEEDS CIVIL LAW

I. Torrens System Estate – An estate, strictly speaking,

represents the nature, extent, degree, and
quantity of a person’s interest in land.
LAND TITLE – It is the evidence of the right TYPES OF ESTATE:
of the owner or the extent of his interest, by (1) Freehold Estate – Indicates title of
which he can maintain control, and as a rule, ownership
assert right to exclusive possession and
enjoyment of the property. [Pena, Registration (a) Fee Simple – An absolute title in
of Land Titles and Deeds, p. 3] perpetuity; Title to land is conferred
upon a man and his heirs absolutely
and without any limitation imposed
Title and Certificate of Title upon the estate
Distinguished (b) Fee Tail – One designed to pass title
from grantee to his heirs, in the intent
Title Certificate of Title of the grantor being to keep the
property in the grantee’s line of issue
Definition (c) Life Estate – One held for the
Lawful cause or It is a mere evidence duration of the life of the grantee; In
ground of possessing of ownership; it is not some cases, it may terminate earlier
that which is ours. the title to the land as by forfeiture
itself.1
That which (2) Less-than-Freehold Estate –
constitutes a just Signifies some sort of right short of title
cause of exclusive (a) Estate for Years – In the nature of
possession, or which a lease; grantee or lessee takes over
is the foundation of possession of the land for a period
ownership of agreed upon but the grantor retains
property. the legal title to the property
(b) Tenancy from period to period –
The title is a conclusive evidence of ownership Also in the nature of a lease which
and it cannot be attacked collaterally. may run from month to month or
DEED – A written instrument executed in from year to year, with the peculiarity
accordance with law, wherein a person grants of automatic renewal from time to
or conveys to another certain land, tenements time, unless expressly terminated by
or hereditaments. either party
(c) Tenancy at will – Another form of
lease agreement where a person is
ELEMENTS OF A DEED: permitted to occupy the land of
(a) Grantor another without any stipulation as to
period, but either party reserves the
(b) Grantee right to terminate the occupation at
(c) Words of Grant will or at any time
(d) Description of the property involved
(e) Signature of the grantor LAND REGISTRATION – A judicial or
administrative proceeding whereby a
(f) At least two (2) witnesses person’s claim of ownership over a particular
(g) Notarial acknowledgment land is determined and confirmed or
recognized so that such land and the
ownership thereof may be recorded in a
public registry.
1
Castillo v. Escutin
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UP LAW BOC LAND TITLES AND DEEDS
Nature of Land Registration – Judicial
proceedings for the registration of lands
throughout the Philippines shall be in rem
and shall be based on the generally accepted
principles underlying the Torrens system [Sec.
2, par. 1, PD 1529]
It is therefore binding on the whole world
because “by the description in the notice (of
initial hearing of the application for
registration) “To Whom It May Concern,” all
the world are made parties defendant.”
[Aquino, Land Registration and Related
Proceedings, p. 3, citing Esconde v. Borlongay,
152 SCRA 603, 1987]
LAWS IMPLEMENTING LAND
REGISTRATION
(1) Public Land Act [CA 141, as amended]
(2) Property Registration Decree [PD 1529,
as amended]
(3) Cadastral Act [Act 2259, as amended]
(4) Indigenous Peoples Rights Act of 1997
[RA 8371]
(5) Emancipation Decree [PD 27, as
amended]
(6) Comprehensive Agrarian Reform Law of
1988 [RA 6657, as amended]
To simplify and streamline land registration
proceedings, Presidential Decree No. 1529
was issued on June 11, 1978, otherwise known
as the Property Registration Decree,
governing registration of lands under the
Torrens system as well as the recording of
transactions relating to unregistered lands,
including chattel mortgages. This Decree
consolidates, in effect, all pre-existing laws
on property registration with such
appropriate modifications as are called for by
existing circumstances. [Pena, p. 9]
PURPOSES OF LAND REGISTRATION
(1) Constructive notice to the whole world.
[Sec. 52, PD 1529]
(2) To notify and protect the interests of
strangers to a given transaction, who may
be ignorant thereof [Sapto, et al. v.
Fabiana, 103 Phil. 683, 1958]
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CIVIL LAW
(3) As held in Legarda v. Saleeby [31 Phil. 590
(1915)]
(a) To quiet title to the land and to stop
forever any question as to the legality
of said title
(b) To relieve the land of unknown claims
(c) To guarantee the integrity of land
titles and to protect their
indefeasibility once the claim of
ownership is established and
recognized
(d) To give every registered owner
complete peace of mind
(e) To issue a certificate of title to the
owner which shall be the best
evidence of his ownership of the land
(f) To avoid conflicts of title in and to
real estate and to facilitate
transactions
(4) As held in Capitol Subdivisions, Inc. v.
Province of Negros Occidental [7 SCRA 60
(1963)]
(a) To avoid possible conflicts of title in
and to real property, and
(b) To facilitate transactions relative
thereto by giving the public the right
to rely upon the face of the Torrens
certificate of title and to dispense
with the need of inquiring further
Object of Registration – Only real
property or real rights may be the object of
registration under the existing land
registration laws.
CLASSIFICATION OF LANDS:
(1) Private or public
(2) Alienable or inalienable
(3) Registered or unregistered
(4) Registrable or Non-registrable
UP LAW BOC LAND TITLES AND DEEDS
Registrable lands are:
(1) Alienable public agricultural lands,
• If the land is in the public domain, the
land must be classified as alienable
and disposable. It must be classified
as such at the time of filing the
application for registration. [Republic
v. CA and Naguit, 2005]
(2) Private lands
Non-registrable lands - those found in
the Civil Code dealing with non-registrable
properties (e.g. property of public dominion)
Torrens System - A system for registration
of land under which, upon landowner’s
application, the court may, after appropriate
proceedings, direct the issuance of a
certificate of title. [Black’s Law Dictionary];
those systems of registration of transactions
with interest in land whose declared object is,
under governmental authority, to establish
and certify to the ownership of an absolute
and indefeasible title to realty, and to simplify
its transfer. [Grey Alba v De la Cruz, G.R. No.
L-5246 (1910)]
The boldest effort to grapple with the
problem of simplification of title to land was
made by Mr. (afterwards Sir Robert) Torrens,
a layman, in South Australia in 1857. . . . In
the Torrens system title by registration takes
the place of "title by deeds" of the system
under the "general" law. A sale of land, for
example, is effected by a registered transfer,
upon which a certificate of title is issued. The
certificate is guaranteed by statute, and, with
certain exceptions, constitutes indefeasible
title to the land mentioned therein. The
object of the Torrens system, then, is to do
away with the delay, uncertainty, and
expense of the old conveyancing system.
The Torrens system was introduced in the
Philippines by Act No. 496, which took effect
on Jan. 1, 1903. This was later amended and
superseded by PD 1529 which took effect on
June 11, 1978.
The underlying principle of the Torrens
system is security with facility in dealing with
land. This is made possible by defining the
absolute status of a given property in a
certificate of title with a governmental and
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CIVIL LAW
universal guaranty. This certificate of title
should better be known as certificate of title
and encumberances. In the words of Torrens
himself the main object is “to simplify,
quicken, and cheapen the transfer of real
estate and to render title safe and
indefeasible.” [The Philippine Torrens System
by Florencio Ponce 1964]
ADVANTAGES
(1) Secures title
(2) Protection against fraud
(3) Simplified dealings
(4) Restoration of the estates to its just value,
whose depreciation is caused by some
blur, technical defect
(5) Barred the recurrence of faults in the title
[Legarda v. Saleeby]
Nature: Judicial in nature.
Purpose: The real purpose of the Torrens
system of registration is to quiet title to land;
to put a stop forever to any question of the
legality of the title, except claims which may
arise subsequent thereto. [AGCAOILI at 9]
ADMINISTRATION OF THE TORRENS
SYSTEM
Administration of the Torrens System
(1) Land Registration Authority
• The agency charged with the efficient
execution of the laws relative to the
registration of lands
• Under the executive supervision of the
DOJ
• Consists of an Administrator assisted
by 2 Deputy Administrators
(2) 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
UP LAW BOC
• Headed by the Register of Deeds,
assisted by a Deputy
CERTIFICATE OF TITLE
The Torrens Title – Certificate of
ownership issued by the Register of Deeds
naming and declaring the owner of the real
property described therein free from all liens
and encumbrances, except such as may be
expressly noted thereon or otherwise
reserved by law
(1) Original Certificate of Title (OCT)
– It is the first certificate of title issued in
the name of the registered owner by the
Register of Deeds covering a parcel of
land which had been registered under
the Torrens System, by virtue of judicial
or administrative proceedings
(2) Transfer Certificate of Title (TCT)
– The subsequent certificate of title
pursuant to any deed of transfer or
conveyance to another person. The
Register of Deeds shall make a new
certificate of title and give the registrant
an owner’s duplicate certificate. The
previous certificate shall be stamped
“cancelled.”
(3) Patents – Whenever public land is by
the Government alienated, granted or
conveyed to any person, the same shall
be brought forthwith under the
operation of this Decree [PD 1529, Sec.
103, par. 1]
(a) Patents only involve public lands
which are alienated by the
Government pursuant to the Public
Land Act (CA 141, as amended]
(b) The patent (even if denominated as
deed of conveyance) is not really a
conveyance but a contract between
the grantee and the Government
and evidence of authority to the
Register of Deeds to make
registration.
(c) The act of registration is the
operative act to affect and convey
the land.
Probative Value: A Torrens Certificate of
Title is valid and enforceable against the
whole world. It may be received in evidence in
LAND TITLES AND DEEDS CIVIL LAW
all courts of the Philippines, and shall be
conclusive as to all matters contained therein,
principally the identity of the owner of the
covered land thereby and identity of the land.
A Torrens title, once registered, cannot be
defeated, even by adverse, open and
notorious possession. A registered title under
the Torrens system cannot be defeated by
prescription. The title, once registered, is
notice to the whole world. All persons must
take notice. No one can plead ignorance of
the registration. [Egao v. CA, 1989]
EFFECT OF REGISTRATION UNDER THE
TORRENS SYSTEM
(1) Land is placed under the operation of the
Torrens system
(2) Claims and liens of whatever character
existing against the land prior to the
issuance of the certificate of title are cut
off by such certificate and the certificate
so issued binds the whole world,
including the government
(a) It is an elemental rule that a decree of
registration bars all claims and rights
which arose or may have existed prior
to the decree of registration. By the
issuance of the decree, the land is
bound and title thereto quieted,
subject only to certain exceptions
under the property registration
decree. [Heirs of Alejandra Delfin,
namely, Leopoldo Delfin, et al. v.
Avelina Rabadon, G.R. No. 165014,
July 31, 2013]
(b) Exceptions:
(i) Those claims noted on the
certificate
(ii) Liens, claims, or rights arising or
existing under the laws and the
Constitution, which are not by law
required to appear on record in
the Register in order to be valid
(iii) Unpaid real estate taxes levied
and assessed within 2 years
immediately preceding the
acquisition of any right over the
land by an innocent purchaser for
value
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UP LAW BOC LAND TITLES AND DEEDS
(3) Title to the land becomes non-
prescriptible
(a) Even adverse, notorious, and
continuous possession under claim of
ownership for the period fixed by law
is ineffective against a Torrens title
[JM Tuason and Co. Inc. v. CA, 1979]
(b) The fact that the title to the land was
lost does not mean that the land
ceased to be registered land before
the reconstitution of its title. It cannot
perforce be acquired by prescription.
[Ruiz v. CA, 1977]
(4) Land becomes incontrovertible and
indefeasible. A decree of registration and
registered title cannot be impugned,
enlarged, altered, modified, or
diminished either in collateral or direct
proceeding after the lapse of the 1-year
period prescribed by the law.
(a) Exceptions:
(i) If previous valid title of the same
land exists
(ii) When the land covered is not
capable of registration
(iii) When acquisition of certificate is
attended by fraud
(5) Torrens certificate is presumed valid and
devoid of flaws.
Note: Registration is not equivalent to legal
title
• Under the Torrens system, registration
only gives validity to the transaction or
creates a lien upon the land. It merely
confirms, but does not confer, ownership
[Lu v. Manipon, GR No. 147072, 2002]
EFFECT OF NON-REGISTRATION
If a purchaser, mortgagee or grantee should
fail to register his deed the conveyance, in
light of our existing registration laws, shall
not be valid against any person unless
registered.
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CIVIL LAW
Exceptions:
(1) The grantor,
(2) His heirs and devisees, and
(3) Third persons having actual notice or
knowledge thereof.
It is a settled rule that lands under a Torrens
title cannot be acquired by prescription or
adverse possession. Section 47 of P.D. No.
1529, the Property Registration Decree,
expressly provides that no title to registered
land in derogation of the title of the
registered owner shall be acquired by
prescription or adverse possession. [Dream
Village Neighborhood Association, Inc.,
represented by its Incumbent President Greg
Seriego v. Bases Conversion Development
Authority, G.R. No.192896, July 24, 2013.]
DEALINGS IN LAND BEFORE ISSUANCE OF
DECREE: With the filing of an application for
registration, the land described therein does
not cease to become open to any lawful
transaction. If the transaction takes place
before the issuance of the decree of
registration, Section 22 of PD 1529 provides
that the instrument is to be presented to the
RTC, together with a motion praying that the
same be considered in relation with the
pending application.
However, if the motion is filed after the
decision of adjudication has become final but
before the issuance of the decree by the
Administrator of Land Registration Authority,
the court shall require the interested party to
pay the fees prescribed as if such instrument
had been presented for registration in the
office of the Register of Deeds. [Pena, p. 72-
73]
LACHES, WHEN APPLICABLE: Laches sets in
if it would take 18 years for a person to file an
action to annul the land registration
proceedings, especially so if the registrant
has already subdivided the land and sold the
same to innocent third parties. A party’s long
inaction or passivity in asserting his rights
over disputed property precludes him from
recovering the same. [Heirs of Teodoro dela
Cruz vs. CA, 298 SCRA 172; Aurora Ignacio v.
Valeriano Basilio, et al., G.R. No. 122824, Sept.
26, 2001]
UP LAW BOC LAND TITLES AND DEEDS
II. The Regalian
Doctrine
A western legal concept that was first
introduced by the Spaniards into the country
through the laws of the Indies and the Royal
Cedulas whereby the Philippines passed to
Spain by virtue of “discovery” and conquest.
Consequently, all lands became the exclusive
patrimony and dominion of the Spanish
Crown. [Agcaoili]
Sec. 2, Art. XII of the 1987
Constitution
All lands of the public domain, waters,
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 60 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
waterpower, beneficial use may be the
measure and limit of the grant.
The State shall protect the nation’s marine
wealth in its archipelagic waters, territorial
sea, and exclusive economic zone, and
reserve its use and enjoyment exclusively to
Filipino citizens.
The Congress may, by law, allow small-scale
utilization of natural resources by Filipino
citizens, as well as cooperative fish farming,
with priority to subsistence fishermen and
fish workers in rivers, lakes, bays, and
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CIVIL LAW
lagoons.
The President may enter into agreements
with foreign-owned corporations involving
either technical or financial assistance for
large-scale exploration, development, and
utilization of minerals, petroleum, and other
mineral oils according to the general terms
and conditions provided by law, based on real
contributions to the economic growth and
general welfare of the country. In such
agreements, the State shall promote the
development and use of local scientific and
technical resources.
The President shall notify the Congress of
every contract entered into in accordance
with this provision, within thirty days from its
execution.
The principle of State ownership of lands and
all other natural resources had its roots in the
1935 Constitution, which expressed the
overwhelming sentiment in the Convention in
favor of the principle of State ownership of
natural resources and the adoption of the
Regalian doctrine as articulated in Sec. 1, Art
XIII.
The 1973 Constitution reiterated the Regalian
Doctrine in Sec. 8, Art. XIV.
The present Constitution provides that,
except for agricultural lands of the public
domain which alone may be alienated, forest
or timber, and mineral lands, as well as all
other natural resources must remain with the
State, the exploration, development, and
utilization of which shall be subject to its full
control and supervision albeit allowing it to
enter into co-production, joint venture, or
production-sharing agreements, or into
agreements with foreign-owned corporations
involving technical or financial assistance for
large-scale exploration, development, and
utilization. [Secs. 2 and 3, Art. XII; La Bugal-
B’laan Tribal Association, Inc. v. Ramos]
The Regalian Doctrine is enshrined in the
1987 Constitution [Art 12, Sec 2 & 3] which
states that all lands of public domain belong
to the State, thus private title to land must be
traced to some grant, express or implied,
from the State, i.e. The Spanish Crown or its
UP LAW BOC LAND TITLES AND DEEDS
successors, the American Colonial
government and thereafter the Philippine
Republic
It does not negate native title to lands held in
private ownership since time immemorial.
[Cruz v. Sec. of Environment and Natural
Resources]
Native title recognizes ownership of land by
Filipinos independent of any grant from the
Spanish crown on the basis of possession
since time immemorial [cf: Cariño v. Insular
Government] Lands embraced by native title
are presumed to have been held prior to the
Spanish conquest and never to have been
public land.
A. EFFECTS
(1) All lands of public domain belong to the
State, and that the State is the source of
any asserted right to ownership in land
and charged with the conservation of
such patrimony [Republic v. IAC, GR No.
71285]
(2) Under the Regalian doctrine, all lands of
whatever classification and other natural
resources not otherwise appearing to be
clearly within private ownership are
presumed to belong to the State which is
the source of any asserted right to
ownership of land. [Repubic v Remnan
Enterprises, Inc. G.R. No. 199310]
(3) The burden of proof in overcoming the
presumption of State ownership of the
lands of the public domain is on the
person applying for registration (or
claiming ownership), who must prove
that the land subject of the application is
alienable or disposable. To overcome this
presumption, incontrovertible evidence
must be established that the land subject
of application (or claim) is alienable or
disposable. [Valiao v Republic, G.R. No.
170757]
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B. CONCEPT OF NATIVE TITLE, TIME
IMMEMORIAL POSSESSION
A recognized exception to the theory of jura
regalia, the ruling in Cariño v. Insular
Government, institutionalized the recognition
of the existence of native title to land, or
ownership of land by Filipinos by virtue of
possession under a claim of ownership since
time immemorial and independent of any
grant from the Spanish Crown [Agcaoili]
Lands under native title are not part of public
domain, “lands possessed by an occupant
and his predecessors since time immemorial,
such possession would justify the
presumption that the land had never been
part of the public domain or that it had been
private property even before the Spanish
conquest [Republic v. CA, GR No. 130174]
CERTIFICATE OF ANCESTRAL DOMAIN
TITLE: A formal recognition, when solicited
by Indigenous Cultural Communities/
Indigenous People (ICCs/IPs) concerned,
shall be embodied in a Certificate of
Ancestral Domain Title (CADT), which shall
recognize the title of the concerned ICCs/IPs
over the territories identified and delineated
[Sec. 11, IPRA]
Ancestral Domains refer to all areas generally
belonging to ICCs/IPs comprising lands,
inland waters, coastal areas, and natural
resources therein, held under a claim of
ownership, occupied or possessed by
ICCs/IPs, by themselves or through their
ancestors, communally or individually since
time immemorial, continuously to the present
except when interrupted by war, force
majeure or displacement by force, deceit,
stealth or as a consequence of government
projects or any other voluntary dealings
entered into by government and private
individuals/corporations, and which are
necessary to ensure their economic, social
and cultural welfare.
It shall include ancestral lands, forests,
pasture, residential, agricultural, and other
lands individually owned whether alienable
and disposable or otherwise, hunting
grounds, burial grounds, worship areas,
bodies of water, mineral and other natural
resources, and lands which may no longer be
exclusively occupied by ICCs/IPs but from
UP LAW BOC LAND TITLES AND DEEDS
which they traditionally had access to for
their subsistence and traditional activities,
particularly the home ranges of ICCs/IPs who
are still nomadic and/or shifting cultivators
Certificate of Ancestral Domain Title (CADT)
refers to a title formally recognizing the rights
of possession and ownership of ICCs/IPs over
their ancestral domains identified and
delineated in accordance with this law [Sec.
3(c), IPRA]
Certificate of Ancestral Lands Title (CALT)
refers to a title formally recognizing the rights
of ICCs/IPs over their ancestral lands.
Individually-owned ancestral lands, which are
agricultural in character and actually used for
agricultural, residential, pasture, and tree
farming purposes, including those with a
slope of eighteen percent (18%) or more, are
hereby classified as alienable and disposable
agricultural lands [Sec. 12, IPRA]
Native title, however, is a right of private
ownership particularly granted to ICCs/IPs
over their ancestral lands and domains. The
IPRA categorically declares ancestral lands
and domains held by native title as never to
have been public land. [Cruz v. Sec. of
Environment and Natural Resources, 2000,
GR No. 135385]
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III. Citizenship
Requirement
A. INDIVIDUALS
Art. XII, Sec. 3, 1987 Constitution
provides, in part:
Lands of the public domain are classified into
agricultural, forest or timber, mineral lands
and national parks. Agricultural lands of the
public domain may be further classified by
law according to the uses to which they may
be devoted. Alienable lands of the public
domain shall be limited to agricultural lands.
Private corporations or associations may not
hold such alienable lands of the public
domain except by lease, for a period not
exceeding twenty-five years, renewable for
not more than twenty-five years, and not to
exceed one thousand hectares in area.
Citizens of the Philippines may lease not
more than five hundred hectares, or acquire
not more than twelve hectares thereof, by
purchase, homestead, or grant.
The Krivenko Doctrine - The capacity to
acquire private land is made dependent upon
the capacity to acquire or hold lands of public
domain. Private land may be transferred or
conveyed only to individuals or entities
‘qualified to acquire lands of public domain’
[II Bernas]
The 1935 Constitution reserved the right for
Filipino citizens or corporations at least sixty
percent of the capital of which was owned by
Filipinos. Aliens, whether individuals or
corporations, have been disqualified from
acquiring public lands; hence they have also
been disqualified from acquiring private
lands. [Krivenko v. Register of Deeds, GR No.
L-630, 1947]
General Rule: Non-Filipinos cannot acquire
or hold title to private lands of public domain,
except only by way of legal succession [Halili v.
CA, GR No. 113539, Sec. 2, 5 Art XII
Constitution]
Exceptions:
UP LAW BOC LAND TITLES AND DEEDS
(1) Aliens by way of hereditary
succession [Sec. 7, Art. XII, 1987
Constitution]
(2) Natural born citizens who have lost
their citizenship:
For business use: limited to 5,000 sq. m.
for urban land and 3 hectares for rural
land [RA No. 7042 as amended by RA No.
8179]
But where a Filipino citizen naturalized as
a citizen in a foreign country has
“reacquired” his Philippine citizenship
under the terms of RA 9225 (August 29,
2003) otherwise known as the
“Citizenship Retention and Re-
acquisition Act of 2003,” the area
limitations may no longer apply since the
law expressly grants him the same right,
as any Filipino citizen, to “enjoy full civil
and political rights” upon the re-
acquisition of his Filipino citizenship
[AGCAOILI at 189].
(3) Aliens, although disqualified to
acquire lands of public domain, may
lease private land for a reasonable
period provided, that such lease does
not amount to a virtual transfer of
ownership. They may also be given an
option to buy property on the
condition that he is granted
Philippine citizenship. [Llantino v. Co
liong Chong, GR No. 29663]
(4) Lands acquired by an American
citizen prior the proclamation of
Philippine Independence on July 4,
1946 but after the passage of the
1935 Constitution may be registered,
based on the ordinance appended to
the 1935 Constitution. [Moss v.
Director of Lands, GR No. L-27170]
(5) Land sold to an alien which is now in
the hands of a naturalized citizen can
no longer be annulled [De Castro v.
Tan, GR No. L-31956]. The litigated
property is now in the hands of a
naturalized Filipino. It is no longer
owned by a disqualified vendee. The
purpose of the prohibition ceases to
be applicable. [Barsobia v. Cuenco,
GR No. L-33048]
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B. CORPORATIONS
Private corporations may not hold alienable
lands of the public domain except by lease for
a period not exceeding twenty-five years,
renewable for not more than twenty-five
years, and not to exceed one thousand
hectares in area. [1987 Constitution, Art. XII,
Sec. 3]
Lim itations to Ownership of Land by
Corporations:
(1) For private lands:
• At least 60% Filipino [Sec. 2, Art. XII,
1987 Constitution; Agcaoili]
• Restricted as to extent reasonably
necessary to enable it to carry out the
purpose for which it was created
• If engaged in agriculture, it is
restricted to 1,024 hectares
(2) For patrimonial property of the State [Sec.
3, Art. XII, 1987 Constitution]
• Lease only for a limited period of
25 years
• Limited to 1,000 hectares
• Applies to both Filipino and
Foreign Corporations
• This limitation does not apply
where the corporation acquired
the land, the same was already
private land [Rep. v IAC and
Acme]
A corporation sole may acquire and register
private agricultural land [RC Apostolic
Administrator of Davao v. LRC, GR No. L-8415
(1957)]: A corporation sole, which consists of
one person only, is vested with the right to
purchase and hold real estate and register
the same in trust for the faithful or members
of the religious society or church for which the
corporation was organized
UP LAW BOC LAND TITLES AND DEEDS CIVIL LAW

IV. Original (2) Involuntary on the part of the

claimant but they are compelled to
substantiate their claim or interest
Registration
B. WHO MAY APPLY:
Original Registration - This is a
(1) Under Sec. 14, PD 1529
proceeding brought before the land
registration court to determine title or (a) Those who by themselves or
ownership of land on the basis of an through their predecessors-in-
application for registration or answer by a interest, have been in open,
claimant in a cadastral registration. continuous, exclusive and
notorious possession and
A decree of registration merely confirms, but
occupation of alienable and
does not confer ownership. [City Mayor of
disposable lands of the public
Parañaque City v. Ebio, G.R. No. 178411,
domain under a bona fide claim
(2010)] Registration does not vest title or give
of ownership since June 12, 1945,
title to the land, but merely confirms and
thereafter protects the title already or earlier.
possessed by the owner, making it (b) Those who have acquired
imprescriptible by occupation of third parties. ownership of private lands by
The registration does not give the owner any prescription under the provisions
better title than he has. He does not obtain of existing laws.
title by virtue of the certificate. He secures his
(c) Those who have acquired
certificate by virtue of the fact that he has a
ownership of private lands or
fee simple title. [Legarda v. Saleeby, G.R. No.
abandoned river beds by right or
L-8936, (1915)]
accession or accretion under the
Distinguished from subsequent existing laws.
(1) Original Registration – When right of (d) Those who have acquired
ownership or title to land is for the first ownership of land in any other
time made of public record manner provided for by law (see:
Republic represented by Mindanao
(2) Subsequent Registration – Any
Medical Center v CA, G.R. No.
transaction affecting such originally
40912 (19760]
registered land, if in order, may be
registered in the Office of the Register of (i) If land is owned in common, ALL
Deeds concerned co-owners shall file the
application jointly
(ii) If land has been sold under pacto
A. KINDS OF ORIGINAL de retro, the vendor a retro may
REGISTRATION: file an application for the original
(1) Voluntary – by filing with the proper registration of the land, provided,
court under: however that should the period
for redemption expire during the
(a) PD 1529, Property Registration Decree
pendency of the registration
(b) CA 141, Public Land Act proceedings and ownership to the
(c) RA 8371, IPRA property consolidated in the
vendee a retro, the latter shall be
(2) Involuntary – as in Cadastral substituted for the applicant and
Proceedings may continue the proceedings.
(1) This is compulsory registration (iii) A trustee on behalf of his
initiated by the government to principal may apply for original
adjudicate ownership of the land registration of any land held in

PAGE 464 OF 574

UP LAW BOC LAND TITLES AND DEEDS
trust by him, unless prohibited by
the instrument creating the trust.
(2) Under Sec. 12, CA 141; Any person who:
(a) Is a citizen of the Philippines over
the age of 18, or the head of a
family
(b) Does not own more than 24
hectares of land in the Philippines,
or has not had the benefit of any
gratuitous allotment of more
than 24 hectares of land since the
occupation of the Philippines by
the United States
(c) NOTE: they may enter a
homestead of not exceeding 24
hectares of agricultural land of
the public domain
(3) Under RA 8371
(a) Sec. 11 – Formal recognition of
ancestral domains by virtue of
Native Title may be solicited by
ICCs/IPs concerned
(b) Sec. 12 – Option to secure
certificate of title under CA 141 or
Land Registration Act 496
(i) Individual members of
cultural communities with
respect to individually-owned
ancestral lands who, by
themselves or through their
predecessors-in -interest,
have been in continuous
possession and occupation of
the same in the concept of
owner since time immemorial
or for a period of not less than
thirty (30) years immediately
preceding the approval of this
Act and uncontested by the
members of the same
ICCs/IPs shall have the option
to secure title to their
ancestral lands
(ii) Option granted shall be
exercised within 20 years
from the approval of RA 8371
PAGE 465 OF 574
CIVIL LAW
JURISDICTION
W here to File: The court that should take
cognizance of a registration case is that
which has territorial jurisdiction over the
property.
General Rule: RTC of the province, city, or
municipality where the property is situated
The RTC shall have exclusive jurisdiction over
all applications original for registration of
title, with power to hear and determine all
questions arising upon such applications or
petition. [Sec. 2, par. 2, P.D. No. 1529]
Exception: Delegated jurisdiction to the
MTC, MeTC, and MCTC by the Supreme Court
in cadastral and land registration cases IF:
(1) There is no controversy over the land, OR
(2) Its value is less than P100,000 [Sec. 34,
BP 129]
C. PROCEDURE IN ORDINARY LAND
REGISTRATION
STEP 1: Survey of the land by the Bureau of
Lands or a duly registered private surveyor
Note: No plan of such survey, whether it be
original or subdivision, may be admitted in
land registration proceedings until approved
by the Director of Lands [Sec. 1858,
Administrative Code]
STEP 2: Filing of application for registration
by the applicant;
(a) Form of the application
(1) In writing
(2) Signed by the applicant/s or person
duly authorized in his behalf
(3) Sworn before any officer authorized
to administer oath for the province or
city where the application was
actually signed
(4) Application is presented in duplicate
(b) Contents of the application:
(1) A description of the land
UP LAW BOC LAND TITLES AND DEEDS
(2) The citizenship and civil status of
the applicant, whether single or
married, and, if married, the
(2) However, Sec. 23, PD 1529 mandates
name of the wife or husband, and,
if the marriage has been legally
dissolved, when and how the
marriage relation terminated. It
shall also state:
(3) The full names and addresses of
all occupants of the land and
those of the adjoining owners, if
known, and, if not known, it shall
state the extent of the search to
find them.
(e) Special Cases:
(4) Whether the property is conjugal,
paraphernal or exclusively owned
by the applicant.
(c) Documents to accompany the application
[from Regulations in Ordinary Land
Registration Cases]
(1) Tracing-cloth plan duly approved by
the Director of Lands, together with
two blueprint or photographic copies
thereof;
(2) Three copies of the corresponding
technical descriptions;
(3) Three copies of the surveyor’s
certificate;
(4) All original muniments of title in the
possession of the applicant which
prove his rights, to the title he prays
for or to the land he claims; and
(5) Certificate in quadruplicate of the city
or provincial treasurer of the assessed
value of the land, at its last
assessment for taxation, or, in the
absence thereof, that of the next
preceding year. However, in case the
land has not been assessed, the
application may be accompanied with
an affidavit in quadruplicate of the
fair market value of the land, signed
by three disinterested persons.
(d) Amendments to the Application
(1) Sec. 19, PD 1529 permits the
applicants to amend the application
at any stage of the proceedings upon
PAGE 466 OF 574
CIVIL LAW
such just and reasonable terms as the
court may order;
that there is a need to comply with
the required publication and notice as
in an original application if the
amendment is substantial as in:
(i) A change in the boundaries
(ii) An increase in the area of the
land applied for; or
(iii) The inclusion of an additional
land
(1) If the land is bounded by a road,
the applicant must state in his
application if he claims any
portion of the land within the
limits of the road, or if he likes to
have the boundaries determined.
[Sec. 20, PD 1529]
(2) If the applicant is a non-resident,
he shall appoint an agent or
representative who is a Philippine
resident. [Sec. 16, PD 1529]
(3) Intestate Estate of Don Mariano
San Pedro v. CA (1996): A person
claiming ownership of real
property must clearly identify the
land claimed by him.
(4) In re: Application for Land
Registration v. Republic (2008):
An applicant in a land
registration case must prove the
facts and circumstances
evidencing the alleged ownership
of the land applied for. General
statements which are mere
conclusions of law and not
factual proof of possession are
unavailing. The deeds in its favor
only proved possession of its
predecessors-in-interest as early
as 1948. (The law now stands
that a mere showing of
possession for 30 years is not
sufficient. Open, continuous,
exclusive, and notorious (OCEN)
possession must be shown to
have started on June 12, 1945 or
earlier.)
UP LAW BOC LAND TITLES AND DEEDS
STEP 3: Setting of the date for the initial
hearing of the application by the Court;
(a) The Court shall issue an order setting the
date and hour of the initial hearing within
5 days from filing of the application
(b) The initial hearing shall be 45 – 90 days
from the date of the order [Sec. 23, PD
1529]
STEP 4: Transmittal to the LRA
The application and the date of initial hearing
together with all the documents or other
evidences attached thereto are transmitted
by the Clerk of Court to the Land Registration
Authority (LRA)
STEP 5: Publication of a notice of the filing
of the application and date and place of
hearing
(a) Publication shall be sufficient to confer
jurisdiction upon the court. [Sec. 23, PD
1529]
(b) Form and contents of the notice:
(1) Addressed to all persons
appearing to have an interest in
the land involved
(2) Requires all persons concerned to
appear in court on the date and
time indicated to show cause why
the application for registration
should not be granted
(c) The public shall be given notice of the
initial hearing of the application by
publication
(1) The Commissioner of Land
Registration (CLR) shall cause it
to be published once in the
Official gazette AND once in a
newspaper of general circulation
(2) This is sufficient to confer
jurisdiction to the court
(d) It is not necessary to give personal notice
to the owners or claimants of the land
sought to be registered to vest the court
with authority over the res. Land
PAGE 467 OF 574
CIVIL LAW
registration proceedings are actions in
rem. [Dir. Of Lands v. CA, 276 SCRA 276]
(e) Once the registration court had acquired
jurisdiction over a certain parcel, or
parcels, of land in the registration
proceedings in virtue of the publication of
the application, that jurisdiction attaches
to the land or lands mentioned and
described in the application. If it is later
shown that the decree of registration had
included land or lands not included in the
original application as published, then
the registration proceedings and the
decree of registration must be declared
null and void insofar — but only insofar —
as the land not included in the
publication is concerned. [Benin v. Tuason,
57 SCRA 531]
STEP 6: Service of notice upon contiguous
owners, occupants and those known to have
interest in the property by the Sheriff;
(a) Mailing:
(1) Within 7 days from publication,
the CLR shall mail a copy of the
notice
(2) Copies of the notice shall be
mailed to:
(i) Every person named in the notice
whose address is known.
(ii) the Secretary of Public Highways,
to the Provincial Governor, and to
the Mayor of the municipality or
city, in which the land lies, if the
applicant requests to have the
line of a public way or road
determined
(iii) Secretary of Agrarian Reform, the
Solicitor General, the Director of
Lands, the Director of Mines
and/or the Director of Fisheries
and Aquatic Resources, (as
appropriate) if the land borders
on a river, navigable stream or
shore, or on an arm of the sea
where a river or harbor line has
been established, or on a lake, or
if it otherwise appears from the
application or the proceedings
that a tenant-farmer or the
UP LAW BOC LAND TITLES AND DEEDS
national government may have a
claim adverse to that of the
applicant
(b) Posting:
(1) CLR shall cause the sheriff or his
deputy to post the notice at least 14
days before the hearing:
(2) In a conspicuous place on each parcel
of land included in the application
and in a conspicuous place on the
bulletin board of the municipal
building of the municipality or city in
which the land or portion thereof is
situated.
(3) The court may also cause notice to be
served to such other persons and in
such manner as it may deem proper.
(c) Notice of application and initial hearing
by publication is sufficient and the mere
fact that a person purporting to have a
legitimate claim in the property did not
receive personal notice is not a sufficient
ground to invalidate the proceedings
although he may ask for the review of the
judgment or the reopening of the decree
of registration, if he was made the victim
of actual fraud. [Republic v. Abadilla, CA;
G.R. No. 6902-R, Oct. 6, 1951]
STEP 7: Filing of answer or opposition to the
application by any person whether named in
the notice or not;
(a) W ho may file? Any person claiming an
interest, whether named in the notice or
not
(b) W hen to file? On or before the date of
initial hearing, or within such further time
as may be allowed by the court.
(c) W hat shall it contain? It shall state
all the objections and the interest
claimed by the party the remedy desired.
(d) How shall it be m ade? It shall be
signed and sworn to by him or by some
other duly authorized person. Sec. 25, PD
1529 provides for the requisites of an
opposition:
(1) It shall set forth “all the objections to
the application” and
PAGE 468 OF 574
CIVIL LAW
(2) It shall state the “interest claimed by
the party filing the same”
(e) Effect of Failure to Answer:
(1) If no one appears/files an answer,
upon motion, the court shall order a
default to be recorded.
(2) By the description in the notice "To all
Whom It May Concern", all the world
are made parties defendant and shall
be concluded by the default order.
(3) Where an appearance has been
entered and an answer filed, a default
order shall be entered against
persons who did not appear and
answer.
(4) Absence of opposition does not justify
outright registration. [Director of
Lands vs. Agustin, 1921]
(f) Effects of Default:
(1) With respect to the Applicant – he
has the right to present or adduce
evidence ex parte
(2) With respect to those covered by the
default order – they have no legal
standing in court; therefore, they are
no longer allowed to participate and
no opportunity to present evidence
(g) For relief from an order of default, see Sec.
3, Rule 18, Rules of Court
STEP 8: Hearing of the case by the court
(a) Applicable procedural law:
(1) Reception of evidence is governed by
PD 1529
(2) Rules of Court shall, insofar as not
inconsistent with the provisions of the
Decree, be applicable to land
registration and cadastral cases by
analogy or in a suppletory character
and whenever practicable and
convenient [Sec. 34, PD 1529]
(b) Sec. 27, PD 1529: Court may either:
(1) Hear the parties and their evidence,
or
(2) Refer the case or any part thereof to a
referee
UP LAW BOC LAND TITLES AND DEEDS
(a) Referee shall hear the parties,
receive their evidence, and submit
his report thereon to the Court
within 15 days after termination of
such hearing
(b) Hearing before a referee may be
held at any convenient place
within the province or city as may
be fixed by him and after
reasonable notice thereof shall
have been served to the parties
concerned
(c) Upon receipt of the report the
Court may:
(i) Adopt the same
(ii) Set aside the report
(iii) Modify the report
(iv) Refer back or recommit the
case to the referee for
presentation of evidence
STEP 9: Promulgation of judgment by the
Court;
(a) This is the adjudication, determination,
and resolution of the issue of ownership
(b) Forms of Judgment:
(1) Dism issal of the application –
with prejudice or without prejudice
(2) Partial Judgment – in a case
where only a portion of the land
subject of registration is contested,
the court may render partial
judgment provided that a subdivision
plan showing the contested and
uncontested portions approved by the
Director of Land is previously
submitted to said court. [Sec. 28, PD
1529]
(3) Judgm ent Confirming Title -
Judgment may be rendered
confirming the title of the applicant,
or the oppositor as the case may be,
to the land or portions thereof upon
finding that the party concerned has
sufficient title proper for registration.
[Sec. 29, PD 1529]
(c) Finality of Judgm ent - Sec. 30, par. 1,
PD 1529 provides that the judgment
PAGE 469 OF 574
CIVIL LAW
becomes final upon the expiration of 30
days counted from receipt of notice of
judgment.
Note: This has been MODIFIED to the
lapse of 15 days counted from receipt of
notice of judgment as per Sec. 39, BP 129
STEP 10: Issuance of the decree
(a) If the court finds after hearing that the
applicant or adverse claimant has title as
stated in his application or adverse claim
and proper for registration, a decree of
confirmation and registration shall be
entered
(b) The Court declares the decision final and
instructs the LRA to issue a decree of
confirmation and registration within 15
days from entry of judgment
• Note: It is not the court that issues
the decree, but the LRA
(c) One year after issuance of the decree, it
becomes incontrovertible and
amendments of the same will not be
allowed except in cases of clerical errors
(1) Court retains jurisdiction over the
case until after the expiration of 1 year
from the issuance of the decree of
registration. [Gomez v. CA, 1988]
(2) Note: While a decision in land
registration proceeding becomes final
after the expiration of thirty days from
the date of service of its notice, the
decree of registration does not
become final until after the lapse of
one year from the date of its issuance
and entry.
STEP 11: Entry of the decree of registration
(a) Decree is entered in the LRA
(b) Every decree of registration shall:
(1) Bear the day of the year, hour, and
minute of its entry,
(2) Be signed by the Administrator of the
Land Registration Authority in his ex
officio capacity as Clerk of Court in
land registration matters
(3) State whether the owner is:
UP LAW BOC LAND TITLES AND DEEDS CIVIL LAW

(i) Married or unmarried, and if required by law [Sec. 4, PD 1073

married, the name of the amending Sec. 48(b) and (c) of Public
husband or wife, provided that if Land Act]
the land adjudicated is conjugal
(4) If he claims private ownership not
property, it shall be issued in the
because of his possession, he must prove
names of both spouses.
the basis of such claim by submitting
(ii) If the owner is under disability, it muniments of title.
shall state the nature of the
disability,
Proving Private Ownership:
(iii) If the owner is a minor, his age
(1) Spanish titles are inadmissible and
(4) Contain a description of the land as
ineffective proof of ownership in land
finally determined by the court,
registration proceedings filed AFTER Aug.
(5) Set forth the estate of the owner, and 16, 1976 [PD 892 as discussed in Santiago
also, in such manner as to show their v. SBMA, GR No. 156888, 2006]
relative priority, all particular estates,
(2) Tax declaration and receipts are not
mortgages, easements, liens,
conclusive but have strong probative
attachments and other
value when accompanied by proof of
encumbrances, including rights of
actual possession. [Municipality of
tenant-farmer, if any, to which the
Santiago vs. CA, 1983]
land or owner’s estate is subject,
(3) Other proofs such as testimonial evidence
(6) Contain any other matter properly to
be determined

STEP 12: Sending of copy of the decree of

registration to the corresponding Register of
Deeds (Registrar of Land Titles and Deeds)

STEP 13: Transcription of the decree of

registration
(a) It is transcribed in the registration book of
the Registrar of Land Titles and Deeds
(b) Registrar issues owner’s duplicate OCT of
the applicant by the Registrar of Land
Titles and Deeds, upon payment of the
prescribed fees.

D. EVIDENCE NECESSARY
Proofs necessary in land registration
(1) Proofs that land has been declassified
from the forest zone, is alienable or
disposable, and is registrable (e.g.
Presidential proclamation, legislative
acts)
(2) Identity of the land (e.g. survey plan)
(3) Possession and occupation of the land for
the length of time and in the manner

PAGE 470 OF 574

UP LAW BOC LAND TITLES AND DEEDS CIVIL LAW

V. Subsequent one affected with public interest. The

general rule does not apply.
Registration (2) When party concerned has actual
knowledge of facts and
circumstances that would impel a
Subsequent registration - a proceeding reasonably cautious man to make
where incidental matters AFTER original inquiry. [Leung Yee v. Strong
registration may be brought before the land Machinery, 1918]
registration court by way of motion or petition (3) When purchaser is in bad faith; e.g.
filed by the registered owner or a party n he had full knowledge of a previous
interest sale. [Jamoc v. CA, 1991]
(4) When a person buys land from one
A. NECESSITY AND EFFECTS OF whose rights over the land is
evidenced only by a deed of sale and
REGISTRATION an annotation in the certificate of title
[Sec. 51 and 52, PD 1529] but no TCT. [Quiniano v. CA, 1971]
The deed, mortgage, lease, or other voluntary
instrument, except a will shall ONLY operate
as: TWO TYPES OF DEALINGS
(1) A contract between the parties and (1) Voluntary Dealings – these are deeds,
instruments, documents which are the
(2) Evidence of authority to the Register of results of free and voluntary acts of
Deeds to make registration. parties thereto.
The act of registration shall be the operative (2) Involuntary Dealings – these refer to
act to convey or affect the land insofar as writ, order, or process issued by the court
third persons are concerned. of record affecting registered land, also
Also, by registration, it creates constructive other instruments which are not willful
notice to the world. acts of the registered owner, executed
without his knowledge or consent.
General Rule: A forged deed is an absolute
nullity and conveys no title.
Exception: If there is good faith, a TCT has
already been issued to the purchaser, the
latter being an innocent purchaser for value
according to Sec. 39, PD 1529, then the title is
good.
General Rule: A person dealing with
registered property need not go beyond, but
only has to rely on, the title. [Campillo v. PNB,
1969]
He is charged with notice only of such
burdens and claims which are annotated on
the title, for registration is the operative act
that binds the property.
Exception: When should a purchaser
investigate?
(1) Banks are required to exercise more
care and prudence in dealing with
registered lands for their business is

PAGE 471 OF 574

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Voluntary Dealings Involuntary Dealings

Voluntary Dealings Involuntary Dealings
Spouses Labayen v.
Leonardo Serafica,
Presentation of the AFP Mutual Benefit
(2008): At the time
owner’s duplicate Association v. Santiago,
of the filing of the
certificate of title is (2008): Entry of the
petition for
required to notify; Entry in the day book of attachment in the
cancellation of
mere entry in the ROD is sufficient notice books is sufficient
encumbrance, the
day book of the to all persons notice to all persons.
lease contract
Register of Deeds Hence, the fact that the
already lost its
(ROD) is deed of sale was
efficacy. Thus,
insufficient already annotated is of
there is no basis to
no moment with regard
An innocent save its annotation
to third persons. The
purchaser for value on defendant’s
preference created by
of registered land title. The fact that
the levy on attachment
becomes the the cancellation of
is not diminished by
registered owner the lease contract
the subsequent
the moment he was forged is of no
registration of the deed
presents and files a Lenin v. Bass, (1952): moment, for there
of sale.
duly notarized and Entry thereof in the day was no violation of
valid deed of sale book of the ROD is a right.
and the same is sufficient notice to all
entered in the day persons even if the
book of the ROD owner’s duplicate A. VOLUNTARY DEALINGS
and at the same certificate of title is not Registration of Voluntary Instrum ents
time he surrenders presented to the ROD. in General
or presents the
owner’s duplicate Process of Registration [Sec. 55, PD 1529]
certificate of title (1) The deed or other voluntary
covering the land instrument must contain:
sold and pays the
registration fees. (a) The following details of the
grantee or other person acquiring
Villasor v. Camon, or claiming interest:
(1951): It is
necessary to Dir. Of Lands v. Reyes, (1) Full name
register the deed or (1976): Entry in the day (2) Nationality
instrument in the book of the ROD is
entry book of the sufficient notice to all (3) Residence
ROD and a persons of an adverse (4) Postal address
memorandum claim without the same
thereof shall also being annotated at the (5) Civil status (if married, include
be made in the back of the certificate name in full of spouse)
owner’s duplicate of title (b) If grantee is a corporation:
certificate and its
It must contain a recital showing that
original
such corporation or association is
legally qualified to acquire private
lands

PAGE 472 OF 574

UP LAW BOC LAND TITLES AND DEEDS
(2) File instrument creating or
transferring interest and certificate of
title with Register of Deeds together
with:
(a) Owner’s duplicate - the
issuance of a new transfer
certificate without presentation of
an owner’s duplicate is
unwarranted and confers no right
on the purchaser [PNB v.
Fernandez, 1935]
(b) Payment of fees & documentary
stamp tax
(c) Evidence of full payment of real
estate tax
(d) Document of transfer – 1 copy
additional for city/provincial
assessor
(3) Payment of fees and DST
(a) After payment of entry fee the
Register of Deeds shall enter the
instruments in a primary entry
book [Sec. 56, PD 1529]
(b) The national, provincial and city
governments are exempted from
payment of entry fees
(c) RA 456 prohibits registration of
documents affecting real property
which is delinquent in the
payment of real estate taxes.
Further, if evidence of such
payment is not presented with 15
days from the date of entry of said
document in the primary entry
book of the register of deeds the
entry shall be deemed cancelled.
(4) Entry of the Instrument in the Primary
Entry Book:
Instruments are regarded as registered
from the time the Register of Deeds
enters them in the book
(5) TCT shall then be issued
PAGE 473 OF 574
CIVIL LAW
Registration of Dealings Less than
Ownership [Sec. 54, PD 1529]
If an instrument does not divest ownership or
title from owner or from transferee of the
registered owners, then NO NEW
CERTIFICATE shall be entered or issued.
Process of Registration for Dealings
less than Ownership
(1) Filing of the instrument with the Register
of Deeds
(2) A brief memorandum thereof is made:
(a) On the certificate of title by the
Register of Deeds and signed by him,
and
(b) On the owner’s duplicate
Cancellation or extinguishment of such
interests shall be registered in the same
manner.
Registration of Deeds of Sale and
Transfers
(a) If ENTIRE property is the subject [Sec. 57,
PD 1529]
(1) Owner executes and registers the
deed which must be sufficient in form.
(2) A new certificate of title is issued and
Register of Deeds prepares and
delivers to grantee his owner's
duplicate certificate
(3) Register of Deeds notes upon the
OCT and the duplicate certificate
the date of transfer, the volume and
page of the registration book where
the new certificate is registered
(4) The original and the owner's
duplicate of the grantor's certificate
shall be stamped "cancelled".
(5) The deed of conveyance shall be filed
and indorsed with the number and
the place of registration of the
certificate of title of the land
conveyed.
(b) If ONLY A PORTION of property is the
subject [Sec. 58, PD 1529]
UP LAW BOC LAND TITLES AND DEEDS
(1) Include a plan which shows all the
portions already subdivided with
verified and approved technical
description.
(2) That plan with the certified copy of
the technical descriptions shall be
filed with the Register of Deeds for
annotation in the TCT.
(3) Register of Deeds shall issue a TCT
and cancel the grantor's certificate
partially OR it may be cancelled
totally and a new one issued
describing therein the remaining
portion
(c) If there are SUBSISTING encumbrances
and annotations:
• They shall be carried over in the new
certificate or certificates; except when
they have been simultaneously
discharged.
Registration of M ortgages and Leases
[Sec. 60, PD 1529]
Sec. 60, PD 1529 provides that mortgages
and leases shall be registered in the manner
provided in Sec. 54 (Dealings less than
ownership)
The deed shall take effect upon the title only
from the time of registration.
When a deed of mortgage is presented, the
Register of Deeds will enter upon the OCT
and upon the owner’s duplicate a
memorandum thereof and shall sign said
memorandum.
Registration of Powers of Attorneys
[Sec. 64, PD 1529]
Powers of attorney and revocations shall be
registered with the Register of Deeds of the
province or city where the land lies.
Any instrument revoking such power shall be
registered in like manner.
Registration of Trusts
Registration is by memorandum:
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CIVIL LAW
(1) A memorandum by the words “in trust” or
“upon condition” or other apt words is
made if a deed or other instrument is filed
in order to:
(a) Transfer registered land in trust, or
upon any equitable condition or
limitation expressed therein, or
(b) Create or declare a trust or other
equitable interests in such land
without transfer [Sec. 65, PD 1529]
(2) A memorandum by the words “with
power to sell,” or “power to mortgage” or
other apt words is made when:
The instrument creating or declaring a
trust or other equitable interest contains
an EXPRESS POWER to sell, mortgage,
or deal with the land in any manner
However, if an implied or constructive trust is
claimed, person claiming such must execute
a sworn statement thereof with the Register
of Deeds, containing a description of the land,
the name of the registered owner and a
reference to the number of the certificate of
title. Such claim shall not affect the title of a
purchaser for value and in good faith before
its registration. [Sec. 68, PD 1529]
B. INVOLUNTARY DEALINGS
The following involuntary dealings affecting
registered land must be registered:
(1) Attachments [Sec. 69, PD 1529]
(2) Adverse claim [Sec. 70, PD 1529]
(3) Sale on execution or for taxes or for any
assessment [Sec. 74, PD 1529]
(4) Notice of lis pendens [Sec. 76, PD 1529]
Registration of Attachm ent
Attachment is a writ issued at the institution
or during progress of an action commanding
the sheriff to attach the property, rights,
credits or effects of the defendant to satisfy
demands of the plaintiff.
Kinds
(1) Preliminary
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(2) Garnishment Exception: If petitioner is an heir

(3) Levy on execution (2) No evidence is submitted to show that he
has present or possible future interest in
land
Process of Registration
(1) Copy of writ in order to preserve any lien,
Registration of Adverse Claim
right or attachment upon registered land
shall be filed with the Register of Deeds A claim is adverse when: [Sec. 70, par. 1, PD
where the land lies, containing number of 1529]
certificate of title of land to be affected or
(1) Claimant’s right or interest in registered
description of land [PD 1529, Sec 69]
land is adverse to the registered owner,
(2) Register of Deeds to index attachment in and
names of both plaintiff & defendant or
(2) Such right arose subsequent to date of
name of person whom property is held or
original registration, and
in whose name stands in the records
(3) No other provision is made in the Decree
(a) If duplicate of certificate of title is
for the registration of such right or
not presented:
claimant
(i) Register of Deeds shall within 36
hours send notice to registered
owner by mail stating that there Requisites for registration of an
has been registration & adverse claim :
requesting him to produce
(1) The adverse claimant must give a
duplicate so that memorandum
statement of the following in writing:
be made
(a) His alleged right or interest
(ii) If owner neglects or refuses –
Register of Deeds shall report (b) How and under whom such alleged
matter to court. right or interest is acquired
(b) Court after notice shall enter an (c) The description of the land in which
order to owner to surrender the right or interest is claimed and
certificate at time & place to be (d) The number of the certificate of title
named therein.
(2) The statement must be:
(3) Although notice of attachment is not
noted in duplicate, notation in book of (a) Signed by the adverse claimant
entry of Register of Deeds produces effect (b) Sworn before a notary public
of registration already
(3) The statement must also state his
residence or the place to which all notices
Effect of registration of attachment may be served upon him. [Lozano v
Ballesteros, G.R. No. 49470 (1991)]
(1) Creates real right
(2) Has priority over execution sale
(3) But between 2 attachments – one that is
earlier in registration is preferred

Duty of Register of Deeds - Duty is

ministerial but may refuse registration in the
following circumstances:
(1) Title to land is not in the name of
defendant
PAGE 475 OF 574
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Duration of an adverse claim
(a) 30 days from the date of registration.
(b) After that the annotation of adverse claim
may be cancelled upon filing of a verified
petition by the party in interest.
(a) When cancelled, no second adverse claim
based on the same ground may be
registered by the same claimant.
Adverse claim is not ipso facto cancelled after
30 days, hearing is necessary. [Sajonas v CA,
G.R. No. 102377 (1996)]
Registration of Execution and Tax
Delinquency Sales
Execution sale
(1) To enforce a lien of any description on
registered land, any execution or affidavit
to enforce such lien shall be filed with
Register of Deeds where the land lies
(2) Register in the registration book &
memorandum upon proper certificate of
title as adverse claim or as an
encumbrance
(3) To determine preferential rights between
2 liens: priority of registration of
attachment
Tax sale
(a) Sale of land for collection of delinquent
taxes and penalties due the Government
(b) In personam (all persons interested shall
be notified so that they are given
opportunity to be heard)
(1) Notice to be given to delinquent tax
payer at last known address
(2) Publication of notice must also be
made in English, Spanish & local
dialect & posted in a public &
conspicuous place in place wherein
property is situated & at the main
entrance of the provincial building
(c) Sale cannot affect rights of other lien
holders unless they are given the right to
defend their rights: due process must be
strictly observed
(d) Tax lien superior to attachment
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CIVIL LAW
Note: No need to register tax lien
because it is automatically registered
once the tax accrues. However sale of
registered land to foreclose a tax lien
needs to be registered.
Process of Registration
(1) Officer’s return shall be submitted to
Register of Deeds together with duplicate
title
(2) Register in the registration book
(3) Memorandum shall be entered in the
certificate as an adverse claim or
encumbrance
(4) After the period of redemption has
expired & no redemption (2 years from
registration of auction sale) is made:
cancellation of title & issuance of a new
one
(5) Before cancellation, notice shall be sent
to registered owner: to surrender title &
show cause why it shall not be cancelled
Note: Actual knowledge of a person is
equivalent to registration as against him
Registration of Notice Lis Pendens
Purpose of notice of lis pendens: To keep the
subject matter within the power of the court
until the entry of final judgment. It therefore
creates merely a contingency & not a lien.
W hen notice of lis pendens is proper:
(1) To recover possession of real estate
(2) To quiet title
(3) To remove clouds upon the title thereof
(4) For partition
(5) Other proceedings of any kind in court
directly affecting the title to land or the
use or occupation thereof or the buildings
thereon
W hen notice of lis pendens is NOT
proper:
(1) Proceedings for the recovery of money
judgments
(2) Attachments
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(3) Proceedings on the probate of wills Effect of registration

(4) Administration of the estate of deceased (1) Impossibility of alienating the property in
persons dispute during the pendency of the suit –
may be alienated but purchaser is subject
(5) Levies on execution
to final outcome of pending suit
(6) Foreclosure
(2) Register of Deeds is duty bound to carry
over notice of lis pendens on all new titles
to be issued
Process of Registration: By
Memorandum or Notice stating
(1) The institution of the action or proceeding Cancellation of lis pendens
(2) The court wherein the same is pending [Sec. 77, PD 1529]
(3) The date of the institution of the action (1) Before final judgment – court may order
cancellation after showing that notice is
(4) Reference to the number of the certificate
only for the purpose of molesting an
of title
adverse party or it is not necessary to
(5) Adequate description of the land affected protect the rights of the party who caused
and registered owner thereof it to be registered
(2) Register of Deeds may also cancel upon
Other parties who need to register verified petition of the party who caused
such registration
(1) Assignee in involuntary proceeding for
insolvency (3) Deemed cancelled when certificate of
clerk of court stating manner of disposal
(a) Duty of the officer serving notice of proceeding is registered
to file a copy of the notice to the
Register of Deeds where the
property of debtor lies
(b) Assignee elected or appointed by
court shall be entitled to entry of
new certificate of registered land
upon presentment of copy of
assignment with bankrupt’s
certificate of title (duplicate)
(c) New certificate shall note that it
is entered to him as assignee or
trustee in insolvency proceedings
(2) Government in eminent domain
(b) Copy of judgment shall be filed in
the Register of Deeds which states
description of property, certificate
number, interest expropriated,
nature of public use
(c) Memorandum shall be made or new
certificate of title shall be issued

PAGE 477 OF 574

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VI. Cadastral Ordinary

Registration
Cadastral
Registration
Registration dismissed without
prejudice
prove that he is
entitled to the land,
the land becomes
Res judicata DOES
Nature: It is a proceeding in rem, initiated by public land.
NOT apply
the filing of a petition for registration by the There IS res judicata.
government, not by the persons claiming
ownership of the land subject thereof, and
the latter are, on the pain of losing their claim Procedure in Cadastral Registration:
thereto, in effect compelled to go to court to Sec. 35 and 36, PD 1529
make known their claim or interest therein,
and to substantiate such claim or interest.
Unlike other kinds of registration, this is STEP 1: Determination of the President that
compulsory as it is initiated by the public interest requires title to unregistered
government. lands be settled and adjudicated
The government does not seek the • President then orders the Director of
registration of land in its name. The objective Lands to conduct cadastral survey
of the proceeding is the adjudication of title
to the lands or lots involved in said
proceeding. STEP 2: Director of lands shall make a
cadastral survey

DISTINGUISHED FROM ORDINARY

REGISTRATION STEP 3: Director of Lands gives notice to
interested persons
Ordinary Cadastral
Registration Registration
Voluntary Compulsory Contents of the Notice:
Applicant is a (a) Day on which the survey will
Applicant is the begin
person claiming title
Director of Lands
to the land (b) Full and accurate description of
Usually involves the lands to be surveyed
private land; it may
also refer to public
agricultural lands if STEP 4: Publication of notice
All classes of land
the object of the (a) Published once in the Official Gazette
are covered (private
action is judicial
and public alienable (b) A copy of the notice in English or the
confirmation of
lands) national language shall be posted in a
imperfect or
incomplete title (in conspicuous place on the bulletin board
which case CA 141 of the municipal building of the
applies) municipality in which the lands or any
portion thereof is situated
Applicant comes to
Government asks the
court to confirm his
court to settle and
title and seek STEP 5: A copy of the notice shall also be
adjudicate the title of
registration of the sent to:
the land
land in his name
(a) Mayor of the municipality
If the applicant fails In cadastral
to prove his title, registration, if the (b) Barangay captain
application may be applicant cannot
PAGE 478 OF 574
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(c) Sangguniang Panlalawigan and (2) Declare land as a public land

Sangguniang Bayan concerned
(3) Order correction of technical description
(4) Order the issuance of new title in place of
STEP 6: Geodetic engineers or other Bureau the title issued under voluntary
of Land employees in charge of the survey registration proceedings
shall give notice reasonably in advance of the
(5) Determine the priority of overlapping title
date of the survey
(6) Order the partition of the property

They shall also mark the boundaries of the

lands with monuments STEP 12: Decision

STEP 7: Interested persons should STEP 13: Issuance of the decree and
communicate with the geodetic engineer if he certificate of title
requests for any information about the land

Note: Reopening of cadastral cases no

STEP 8: Actual survey and plotting of the longer allowed
land

RA 931, effective June 20, 1953 for five (5)

STEP 9: Director of Lands represented by years, authorizing the reopening of cadastral
Solicitor General shall institute original cases under certain conditions and which had
registration proceedings been extended until Dec. 31, 1968, is no
longer in force.

(a) Petition is filed in the appropriate RTC

where the land is situated Courts are thus without jurisdiction or
authority to reopen a cadastral proceeding
since Dec. 31, 1968. [Aquino, p. 107, citing
(b) Contents of the Petition: Republic v. Estenzo, 158 SCRA 282, 1988]
(1) That public interest requires that the
title to such lands be settled and
adjudicated and praying that such
titles be so settled and adjudicated
(2) Description of the lands
(3) Accompanied by a plan thereof
(4) Such other data as may serve to
furnish full notice to the occupants of
the lands and to all persons who may
claim any right or interest therein

STEP 10: Publication, mailing posting

STEP 11: Hearing

Jurisdiction of the Cadastral Court:
(1) Adjudicate title to any claimant thereto

PAGE 479 OF 574

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VII. Judicial
Confirmation of
Imperfect Title
Applicable law: CA 141, as amended
No title or right to, or equity in, any lands of
the public domain may be acquired by
prescription or by adverse possession or
occupancy except as expressly provided by
law. [Sec 57, CA 141]
The Public Land Act recognizes the concept
of ownership under the civil law. This
ownership is based on adverse possession
and the right of acquisition is governed by the
Chapter on judicial confirmation of imperfect
or incomplete titles.
W hen applicable: This applies only to
alienable and disposable agricultural lands of
the public domain. Under Sec. 6 of CA 141, the
President, shall classify the lands of the
public domain into:
(a) Alienable or disposable;
(b) Timber, and
(c) Mineral lands,
The rule on confirmation of imperfect title
does not apply unless and until the land
classified as, say, forest land, is released in an
official proclamation to that effect so that if
may form part of the disposable agricultural
lands of the public domain. [Bracewell vs. CA,
2000]
The law, as presently phrased, requires that
possession of lands of the public domain
must be from June 12, 1945 or earlier, for the
same to be acquired through judicial
confirmation of imperfect title [Republic v.
Doldol, 1998]
W ho may apply:
(a) Individuals:
(1) Filipino citizens who by themselves or
through their predecessors-in-
interest have been in open,
PAGE 480 OF 574
CIVIL LAW
continuous, exclusive, and notorious
possession and occupation of
alienable and disposable lands of
public domain under a bona fide
claim of acquisition since June 12,
1945 or prior thereto since time
immemorial [Sec. 48, CA 141, as
amended by Sec. 4, PD 1073]
(2) Filipino citizens who by themselves or
their predecessors-in-interest have
been, prior to effectivity of PD 1073 on
Jan. 25, 1977, in open, continuous,
exclusive, and notorious possession
and occupation of agricultural lands
of the public domain, under a bona
fide claim of acquisition of ownership
for at least 30 years, or at least since
Jan. 24, 1947 [RA 1942]
(3) Natural born citizens of the
Philippines who have lost their
citizenship and who has legal
capacity to enter into a contract
under Philippine laws may be a
transferee of private land up to a
maximum area of 5,000sqm, in case
of urban land, or 3 hectares in case of
rural land to be used by him for
business or other purposes [Sec. 5,
RA 8179]
(4) Natural-born citizens of the
Philippines, who have lost their
Philippine citizenship, who have
acquired disposable and alienable
lands of the public domain from
Filipino citizens who had possessed
the same in the same manner and for
the length of time indicated in
numbers (1) and (2) above.
(b) Corporations
(1) Private domestic corporations or
associations which had acquired
lands from Filipino citizens who
had possessed the same in the
manner and for the length of time
indicated in numbers (1) and (2)
above.
Notwithstanding the prohibition in
the 1973 and 1987 Constitutions
against private corporations holding
lands of the public domain except by
lease not exceeding 1000 hectares,
still a private corporation may
UP LAW BOC LAND TITLES AND DEEDS CIVIL LAW

institute confirmation proceedings followed in judicial confirmation of imperfect

under Sec. 48, (b) of the Public Land or incomplete title.
Act if, at the time of institution of the
registration proceedings, the land
was already private land. On the C. EVIDENCE NECESSARY TO
other hand, if the land was still part SUBSTANTIATE APPLICATION:
of the public domain, then a private
The applicant must prove:
corporation cannot institute such
proceedings. [Dir. Of Lands v. IAC and (1) That the land applied for has been
ACME, 146 SCRA 509, 1986] declassified and is a public agricultural
land, is alienable and disposable, or
otherwise capable of registration.
A. FILING OF THE APPLICATION: Specifically, the following may be
Period of Filing is EXTENDED: RA No. presented:
9176 extended the period to file an (a) Presidential proclamation
application for judicial confirmation of
imperfect or incomplete title to December 31, (b) Executive Order
2020. Prior to RA 9176 the deadline for filing (c) Administrative Order issued by
was on Dec. 31, 1987. the DENR Secretary
Scope of the Application: RA 9176 also (d) Bureau of Forest Development
limited the area subject of the application to Land Classification Map
12 hectares. Prior to RA 9176, the maximum
area applied for was 144 hectares. (e) Certification by the Director of
Forestry
Applicant must Prove:
(f) Investigation reports of Bureau of
(1) The land is alienable and disposable Lands Investigator
land of public domain at the time of
filing of application); and (g) Legislative act or statute

(2) S/he must havebeen in open, (2) The identity of the land; the following
continuous, exclusive, and notorious may be submitted:
(OCEN) possession and occupation of (a) Survey plan
the land for the length of time and in
the manner and concept provided by (b) Tracing cloth plan and blue print
law [Dir. Of Lands v. Buyco, 1992] copies of plan
(c) Technical description of the land
(d) Tax declarations
B. PROCEDURE IN JUDICIAL
CONFIRMATION: (e) Boundaries and area
Sec. 48, par.1, of CA 141 as amended provides, (3) Possession and occupation of the land for
“The following-described citizens of the the length of time and in the manner
Philippines, occupying lands of the public required by law
domain or claiming to own any such lands or
an interest therein, but whose titles have not
been perfected or completed, may apply to
the Court of First Instance of the province
where the land is located for confirmation of
their claims and the issuance of a certificate
of title therefor under the Land Registration
Act…”
Hence, the procedure in original registration
discussed in the previous section is also

PAGE 481 OF 574

UP LAW BOC LAND TITLES AND DEEDS
VIII. Remedies
It is important to take note of the following
concepts in studying remedies:
Innocent Purchaser for Value – one who buys
the property of another without notice that
some other person has a right to or interest in
it, and who pays a full and fair price at the
time of the purchase or before receiving any
notice of another person’s claim [Rosales v
Burgos, G.R. No. 143573]
Extrinsic or Actual fraud – any fraudulent act
of the successful party in a litigation which is
committed outside the trial of a case against
the defeated party, or his agents, attorneys or
witnesses, whereby said defeated party is
prevented from presenting fully and fairly his
side of the case. [Sterling Investment
Corporation v Ruiz, G.R. No. L-30694]
An aggrieved party in a registration
proceeding may avail himself of the following
remedies:
(1) Motion for New Trial [see Rule 37,
ROC]Relief from Judgment [see Rule
38, ROC]
(2) Appeal
(3) Petition for Review of Decree of
Registration
(4) Action for Reconveyance
(5) Quieting of Title
(6) Cancellation of Title
(7) Action for Damages
(8) Action for Compensation from the
Assurance Fund
(9) Reversion
Annulment of Judgment [see Rule 47, ROC]
Appeal – Sec. 30, PD 1529 as amended by
BP 129 provides that an appeal may be taken
from the judgment of the court as in ordinary
civil cases.
• Period in Sec. 30, PD 1529 has been
modified to 15 days as per Sec. 39, BP 129
PAGE 482 OF 574
CIVIL LAW
Unlike ordinary civil actions, the adjudication
of land in a cadastral or land registration
proceeding does not become final in the
sense of incontrovertibility until after the
expiration of one (1) year after the entry of the
final decree of registration. As long as a final
decree has not been entered by the LRA and
the period of 1 year has not elapsed from date
of such decree, the title is not finally
adjudicated and the decision in the
registration proceeding continues to be under
the control and sound discretion of the court
rendering it. [Gomez v. CA, 168 SCRA 503,
(1988)]
Petition to Reopen or Review Decree
of Registration – Sec. 32, PD 1529
(a) To whom available: Only to an
aggrieved party who has been deprived of
land or any estate or interest therein by
decree of registration
(b) W hen to file: Any time after the
rendition of the court’s decision and
before the expiration of 1 year from entry
of decree of registration
(1) Upon expiration of the 1 year
period, every decree becomes
incontrovertible
(2) The Court held that the petition
may be filed at any time after
rendition of the court’s decision
(no need to wait for actual entry
in the LRA) and before expiration
of one year from entry of the final
decree of registration. [Rivera v.
Moran, 48 Phil. 836; Director of
Lands v. Aba, et al., 68 Phil. 85.]
(c) Sole and ONLY Ground: Actual Fraud
(1) Actual fraud proceeds from an
intentional deception practiced
by means of misrepresentation or
concealment of material fact
(2) The fraud must consist in an
intentional omission of fact
required by law to be stated in the
application or a wilful statement
of a claim against the truth
UP LAW BOC LAND TITLES AND DEEDS
(d) Requisites for Petition to Reopen
or Review
(1) The petitioner must have an estate or
interest in the land;
(2) He must show actual fraud in the
procurement of the decree of
registration;
(3) That the action is filed within one year
from the issuance and entry of the
decree of registration; and
(4) That the property has not been
transferred to an innocent purchaser
for value; and [Agcaoili citing
Walstrom v Mapa, G.R. No. 38387]
Action for Reconveyance:
(a) When to file:
(1) Before issuance of decree, or
within/after 1 year from entry
(2) If based on implied trust, 10
years;
(3) If based on express trust and void
contract, or if the plaintiff is in
possession of the land,
imprescriptible
(4) If based on fraud, 4 years from
the discovery
(b) It does not reopen proceedings but a
mere transfer of the land from registered
owner to the rightful owner [Esconde v.
Barlongay, 1987]
(c) Requisites:
(1) The action must be brought in the
name of a person claiming ownership
or dominical right over the land
registered in the name of the
defendant;
(2) The registration of the land in the
name of the defendant was procured
through fraud or other illegal means;
(3) The property has not yet passed to an
innocent purchaser for value; and
(4) The action is filed after the certificate
of title had already become final and
incontrovertible but within 4 years
from the discovery of the fraud
PAGE 483 OF 574
CIVIL LAW
[Balbin v Medalla, G.R. No. L-46410]
or not later than 10 years in the case
of an implied trust [New Regent
Sources, Inc. v Tanjuatco, G.R. No.
168800]
Quieting of Title – remedy for the removal
of any cloud of doubt or uncertainty with
respect to real property
(a) Who may file: See Sec. 1, Rule 63, ROC
(b) Requisites:
(1) Plaintiff or complainant has a
legal or an equitable title to or
interest in the real property
subject of the action; and
(2) The deed, claim, encumbrance or
proceeding claimed to be casting
a cloud on his title must be shown
to be in fact invalid or inoperative
despite its prima facie
appearance of validity or legal
efficacy.
Cancellation of Title – It is initiated by a
private party usually in a case where there are
two titles issued to different persons for the
same lot. [Agcaoili, 2015]
Action for Damages - It can be availed of
when reconveyance is no longer possible as
when the land has been transferred to an
innocent purchaser for value [Ching v. CA,
1990]
Action for Compensation from the
Assurance Fund
(a) Requisites:
(1) That a person sustains loss or
damage, or is deprived of any estate
or interest in land;
(2) On account of the bringing of land
under the operation of the Torrens
System arising after original
registration;
(3) Through fraud, error, omission,
mistake or misdescription in a
certificate of title or entry or
UP LAW BOC LAND TITLES AND DEEDS
memorandum in the registration
book;
(4) Without negligence on his part; and
(5) Is barred or precluded from bringing
an action for the recovery of such land
or estate or interest therein.
[AGCAOILI at 619]
Reversion - Instituted by the government,
thru the Solicitor General in all cases where
lands of public domain are held in violation of
the Constitution or were fraudulently
conveyed.
Indefeasibility of title, prescription, laches,
and estoppel do not bar reversion suits.
PAGE 484 OF 574
CIVIL LAW
IX. Petitions and
Motions After Original
Registration
All petitions or motions after original
registration shall be filed and entitled in the
original case in which the decree of
registration was entered [Sec 108, PD 1529]
(a) Lost Duplicate Certificate
(1) Person in interest must file a sworn
statement that the certificate is lost
or destroyed before the Register of
Deeds
(2) A petition will then be filed for the
issuance of new title
(3) Court will order issuance of new title
after due notice and hearing, with
memorandum that it is issued in
place of a lost certificate
(b) Petition seeking surrender of duplicate
title
(1) In voluntary and involuntary
conveyances; when the duplicate
cannot be produced, the party
must petition the court to compel
surrender of duplicate certificate
of title to Register of Deeds
(2) After hearing, court may order
issuance of a new certificate and
annul the old certificate
(c) Amendment and alteration of certificate
of title
(1) A certificate of title cannot be altered
or amended except in a direct
proceeding in court which is summary
in nature
(2) No amendment or alteration of
decree is permitted except upon order
of the court
(3) No time limit to file petition
(4) Grounds:
(i) New interest that does not
appear on the instrument have
been created
UP LAW BOC LAND TITLES AND DEEDS CIVIL LAW

(ii) Interest have been terminated or (2) Number of certificates of title

ceased lost or damaged should be at
least 10% of the total number
(iii) Omission or error was made in
in possession of the Register
entering certificate
of Deeds
(iv) Name of person on certificate
(3) In no case shall the number of
has been changed
certificates of title lost or
(v) Registered owner has married damaged be less than 500;
AND
(vi) Marriage has terminated
(4) Petitioner must have the
(vii) Corporation has dissolved and
duplicate copy of the
has not conveyed the property
certificate of title [RA 6732]
within 3 years after its
dissolution
(viii) Allowable corrections as long as
the rights or interest of persons
are not impaired
(d) Reconstitution of Certificate of title
(1) The restoration of the instrument
which is supposed to have been
lost or destroyed in its original
form and condition, under the
custody of the Register of Deeds
(2) To have the same reproduced
after proper proceedings in the
same form they were when the
loss or destruction occurred [Heirs
of Pedro Pinote v. Dulay, 1990]
(3) Kinds:
(i) Judicial
(1) A petition is filed before the
RTC
(2) Petition is published in the
Official Gazette for 2
consecutive issues and
posted on main entrance of
municipality for at least 30
days before hearing
(3) Hearing is then conducted
(4) Court may then order
reconstitution if meritorious
(ii) Administrative, which may be
availed only in case of:
(1) Substantial loss or
destruction of original land
titles due to fire, flood, or
other force majeure as
determined by the LRA
PAGE 485 OF 574
UP LAW BOC LAND TITLES AND DEEDS
X. Dealings with
Unregistered Lands
No deed, conveyance, mortgage, lease, or
other voluntary instrument affecting land not
registered under the Torrens system shall be
valid, except as between the parties thereto,
unless such instrument shall have been
recorded in the manner herein prescribed in
the office of the Register of Deeds for the
province or city where the land lies. [Sec. 113,
par. 1, PD 1529]
EFFECTS OF TRANSACTIONS COVERING
UNREGISTERED LAND
(1) As between the parties – The
contract is binding and valid even if not
registered
(2) As among third persons – There
must be registration for the transaction to
be binding against third persons
PRIMARY ENTRY BOOK AND
REGISTRATION BOOK
The Register of Deeds for each province or
city shall keep a Primary Entry Book and a
Registration Book.
(1) The Primary Entry Book shall contain,
among other particulars:
(a) Entry number
(b) Names of the parties
(c) Nature of the document
(d) Date, hour and minute it was
presented and received
(2) The Registration Book – Provides
spaces whereon the annotation is made
after the instrument has been entered in
the Primary Entry Book
Process of Registration
(1) Registration is by way of annotation
(2) The instrument dealing with unregistered
land is presented before the Register of
Deeds
PAGE 486 OF 574
CIVIL LAW
(3) The Register will then determine if it can
be registered:
(a) If, on the face of the instrument, it
appears that it is sufficient in law, the
Register of Deeds shall forthwith
record the instrument
(b) In case the Register of Deeds refuses
its administration to record, he shall
advise the party in interest in writing
of the ground or grounds for his
refusal
• The latter may appeal the matter
to the Commissioner of Land
Registration
Recording by the Register of Deeds is
ministerial.
Recording made under this section shall be
without prejudice to a third party with a
better right. [Sec. 113, PD 1529]
Better right – refers to a right which must
have been acquired by a third party
independently of the unregistered deed, such,
for instance, as title by prescription, and that
it has no reference to rights acquired under
that unregistered deed itself. [Pena at 600]
Involuntary dealings in unregistered
lands
PD 1529 now permits the registration of
involuntary dealings in unregistered lands.
Tax sale, attachment and levy, notice of lis
pendens, adverse claim and other
instruments in the nature of involuntary
dealings with respect to unregistered lands, if
made in the form sufficient in law, shall
likewise be admissible to record under Sec.
113. [Sec. 113 (d), PD 1529]
UP LAW BOC LAND TITLES AND DEEDS
XI. Non-Registerable
Properties
All lands of the public domain, waters,
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. [Sec. 2, Art. XII, 1987 Constitution]
With the exception of agricultural lands, all
other natural resources shall not be
alienated. [Sec. 2, Art. XI, 1987 Constitution]
The classification of public lands is an
exclusive prerogative of the Executive
Department of the Government and not of
the courts. In the absence of such
classification, the land remains
unclassified land until it is released therefrom
and rendered open to disposition. [Aquino, p.
41, citing Dir. Of Lands and Dir. Of Forest
Development v. CA, 129 SCRA 689, 1984]
Civil Code provisions dealing with
non-registrable properties
(1) Properties of public dominion [Art. 420,
Civil Code]
(a) Those intended for public use, such
as roads, canals, rivers, torrents,
ports and bridges constructed by the
State, banks, shores, roadsteads, and
others of similar character;
(b) Those which belong to the State,
without being for public use, and are
intended for some public service or
for the development of the national
wealth.
(2) Waters under Art. 502, Civil Code
(a) Rivers and natural beds
(b) Continuous or intermittent waters of
springs and brooks running in their
natural beds and the beds
themselves
CIVIL LAW
(c) Waters rising continuously or
intermittently on lands of public
dominion
(d) Lakes and lagoons formed by Nature
on public lands, and their beds
(e) Rain waters running through ravines
or sand beds, which are also part of
public dominion;
(f) Subterranean waters on public lands
(g) Waters found within the zone of
operation of public works, even if
constructed by a contractor
(h) Waters rising continuously or
intermittently on lands belonging to
private persons, to the State, to a
province, or to a city or municipality
from the moment they leave such
lands
(i) The waste waters of fountains, sewers,
and public establishments
as
Specific kinds of non-registrable
properties or lands
(1) Forest or timberland, public forest, forest
reserves
(2) National parks – Under the present
Constitution, national parks are declared
part of the public domain, and shall be
conserved and may not be increased nor
diminished, except by law [Rep. v AFP
Retirement and Separation Benefits
System, G.R. No. 180463, (2013)]
(3) Mangrove swamps - Mangrove
swamps or mangroves should be
understood as comprised within the
public forests of the Philippines as
defined in Sec. 1820, Administrative Code
of 1917. [Dir. Of Forestry v. Villareal, G.R.
No. L-32266 (1980)]
(4) Mineral lands - Both under the 1987
Constitution and Sec. 2 of the Public
Land Act, mineral lands are not alienable
and disposable. [Lepanto Consolidated
Mining Co. v. Dumyung, G.R. No. L-31666,
(1979)]
(5) Foreshore land and seashore and
reclaim ed lands- Seashore, foreshore,
and/or portions of territorial waters and
PAGE 487 OF 574
UP LAW BOC LAND TITLES AND DEEDS CIVIL LAW

beaches, cannot be registered. Even The land registration court has no jurisdiction
alluvial formation along the seashore is over non-registrable property and cannot
part of public domain. [Aquino, p. 45, validly adjudge the registration of title
citing Dizon v. Rodriguez, 13 SCRA 704, thereof in favor of a private applicant. [Pena,
1965] p. 105]
(6) Lakes - Lakes are part of public
dominion. [Art. 502(4), Civil Code]
Thus, where it has so been adjudged, the river
(7) Creeks and Streams – A dried up not being capable of private appropriation or
creek bed is property of public dominion acquisition by prescription, the title thereto
[Fernando v Acuna, G.R. No. 161030 (2011) may be attacked, either directly or collaterally,
by the State which is not bound by any
(8) Military or Naval Reservations -
prescriptive period provided by the Statute of
The reservation made segregates it from
Limitation. [Pena citing Martinez v. CA, GR No.
the public domain and no amount of time
L-31271, (1974)]
in whatever nature of possession could
have ripen such possession into private
ownership. [Republic v. Marcos, G.R. No.
L-32941, (1973)]
(9) W atershed - The Constitution expressly
mandates the conservation and
utilization of natural resources, which
includes the country’s watershed. [Tan v.
Dir. Of Forestry, G.R. No. L-24548, (1983)]
(10) Grazing lands - While the 1987
Constitution does not specifically prove
that grazing lands are not disposable, yet
if such lands are part of a forest reserve,
there can be no doubt that the same are
incapable of registration. [Aquino, p. 49,
citing Dir. Of Lands v. Rivas]
(11) Previously titled land - Proceeds
from the indefeasibility of the Torrens
title.
(12) Alluvial deposit along river when
man-made - Such deposit is really an
encroachment of a portion of the bed of
the river, classified as property of the
public domain under Art. 420, par. 1 and
Art. 502 (1) of the Civil Code, hence not
open to registration. [Republic v. CA, 132
SCRA 514, 1984]
(13) Reservations for public and sem i-
public purposes – Sec. 14, Chapter 4,
Book III of EO No. 292 provides that the
President shall have the power to reserve
for settlement or public use, and for
specific public purposes, any of the lands
of public domain, the use of which is not
otherwise directed by law.

PAGE 488 OF 574