Land Titles: A C B O 2007 Civil Law

ATENEO CENTRAL BAR OPERATIONS 2007
Civil Law
SUMMER REVIEWER
LAND TITLES
NATURE OF TORRENS SYSTEM
LAND TITLE is the evidence of the owner’s right or  Judicial in character and not merely
extent of interest, by which he can maintain control administrative
and as a rule assert right to exclusive possession  Proceeding is in rem (binding upon the whole
and enjoyment of property. world)
CONCEPT OF TORRENS SYSTEM

DEED is the instrument in writing by which any real
 Does not create or vest title
estate or interest therein is created, alienated,
mortgaged, or assigned, or by which title to any real  Only confirms (does not confer) ownership
estate may be affected in law or equity.
TORRENS TITLE
is a certificate of ownership issued
LAND REGISTRATION is a judicial or administrative
under the Torrens System, through the Register of
proceeding whereby a person’s claim over a
Deeds, naming and declaring the owner of the real
particular land is determined and confirmed or
property described therein, free from all liens and
recognized so that such land and the ownership
encumbrances except such as may be expressly
thereof may be recorded in a public registry.
noted there or otherwise reserved by law.
 GENERAL RULE: A title once registered
TORRENS SYSTEM is a system for registration of cannot be impugned, altered, changed,
land under which, upon the landowner’s application, modified, enlarged, or diminished
the court may, after appropriate proceedings, direct
 EXCEPTION: Direct proceeding permitted by
the issuance of a certificate of title.
law, usually for the protection of innocent third
persons
hil 590 (1915)
PROBATIVE VALUE OF THE TORRENS TITLE
and to stop forever any question as to the legality of said title  Torrens Title may be received in evidence in all
known claims courts in the Philippines, and shall be
ty of land titles and to protect their indefeasibility once the claim of ownership is established and recognized
conclusive as to all matters contained therein,
owner complete principally as to the identity of the land owner
except so far as provided in the Land
title to the owner which shall be the best evidence of his ownership of the land Registration Act.
in and to real estate and to facilitate transactions.
TYPES OF TORRENS CERTIFICATES OF TITLE
1. Original Certificate of Title: the first title
issued in the name of the registered owner by
the Register of Deeds (ROD) covering a parcel
of land which had been registered by virtue of a
judicial or administrative proceeding.
2. Transfer Certificate of Title: the title issued
Capitol Subdivision, Inc. v. Province of Negros by the ROD in favor of the transferee to whom
Occidental, 7 SCRA 60 (1963) the ownership of the already registered land
The registration of property is to: (1) avoid possible had been transferred by virtue of a sale or
conflicts of title in a QnuidckTimtoe™ arned aa l property,
TIFF (Uncompressed) decompressor
other modes of conveyance.
and (2) facilitate transactairoe nnesededretolsaeetitvhies
picttuhree. reto by giving the public the right to rely MODES OF ACQUIRING TITLE:
upon the face of the Torrens certificate of title and to 1. Public Grant  A conveyance of public
dispense with the need of inquiring further, EXCEPT land by government to a
when the party concerned has actual knowledge of private individual
facts and circumstances that should impel a 2. Acquisitive  Must be OCEN: in open,
reasonably cautious man to make such further Prescription continuous, exclusive, and
inquiry.
—Adviser: Dean Cynthia Roxas-Del Castillo; Heads: Joy Marie Ponsaran, Eleanor Mateo; Understudies: Joy Stephanie
Tajan, John Paul Lim; Subject Head: Shelly Lim; Ple dgees: Nicole Batingana, Timothy Joseph Lumauig—
Civil Law Summer Reviewer
notorious possession 6. Involuntary  No consent from the owner

 If in good faith & with just Alienation of land
title: 10 yrs. uninterrupted  Forcible acquisition by the
possession is required State
 If in bad faith & without just 7. Descent or  Hereditary succession to
title: 30 yrs. continuous Devise the estate of deceased
possession is required owner
 Only available if the land 8. Emancipation  To ameliorate the sad
possessed is public land Patent/Grant plight of tenant-farmers
that is alienable and (Certificate of Land  Such grant is not
disposable Ownership Award) transferable except by
 A property registered under hereditary succession
the provisions of PD 1529
is not subject to LAWS IMPLEMENTING LAND REGISTRATION
1. Property Registration Decree prescription
(P.D. 1529, as amended)
 Prescription is unavailing 2. Cadastral Act (Act 2259, as amended)
not only against the 3. Public Land Act (Commonwealth Act 141, as
registered owner, but also amended)
against his hereditary 4. Emancipation Decree (P.D. 27, as amended)
successors 5. Comprehensive Agrarian Reform Law of 1988
3. Accretion Requisites: (R.A. 6657, as amended)
1. The deposit of soil or
sediment be gradual and ADMINISTRATION OF THE TORRENS SYSTEM
imperceptible, 1. LAND REGISTRATION AUTHORITY (LRA)
2. It is the result of the curret  Agency charged with the efficient execution
of the waters (river/sea), of the laws relative to the registration of
and lands, under the executive supervision of
3. The land where accretion the DOJ
takes place is adjacent to  Consists of an Administrator assisted by 2
the banks of rivers or the Deputy Administrators
sea coast
 Accretion to registered FUNCTIONS OF THE LRA: SAC
lands need new registration 1. Extend speedy and effective assistance to
 No human intervention the Dept. of Agrarian Reform, the Land
 The current causing the Bank, and other agencies in the
alluvial deposit must be implementation of the land reform program
from a river. If it is from the of the government
sea, the deposit will pertain 2. Extend assistance to courts in ordinary and
to the state. (Government cadastral land registration proceedings
of the Phils. v. Cabangis 3. Be the central repository of records relative
53 phil 112 [1929]) to original registration of lands titled under
4. Reclamation  Filling of submerged land the Torrens system, including the
by deliberate act and subdivision and consolidation plans of titled
reclaiming title thereto lands
 Must be initially owned by
QuickTime™ and a
government
TI (Uncompressed) decompressor 2. REGISTER OF DEEDS (ROD)
re needed to see this picture.
FF
a
 May be subsequently  Constitutes a public repository of records of
transferred to private instruments affecting registered or
owners unregistered lands and chattel mortgages
5. Voluntary  Private grant in the province or city wherein such office
Transfer  Voluntary execution of is situated
deed of conveyance  Headed by the Register of Deeds, assisted
 Contractual relationship by a Deputy
between the parties
 Consensual
Page 271 of
FUNCTIONS OF THE ROD: IPDI verified and acknowledges before a notary public or
1. Immediately register an instrument other public officer authorized by law to take
presented for registration dealing with real acknowledgement.
or personal property which complies with
the requisites for registration
NOTE: When the ROD is in doubt as to the proper
2. Shall see to it that said instrument bears
action to take on an instrument or deed presented to
the proper documentary and science
him for registration, he should submit the question to
stamps and that the same are properly
the Administrator of the LRA en consulta (Section
cancelled
117, PD 1529).
3. If the instrument is not registerable, he
shall deny the registration thereof and
NON-REGISTRABLE PROPERTIES
inform the presentor of such denial in
writing, stating the ground or reason Article 420 1. Those intended for public use,
therefore, and advising him of his right to NCC such as roads, rivers, torrents,
appeal by consulta in accordance with Sec. ports and bridges constructed
117 of PD 1529 by the State, banks, shores,
4. Prepare and keep an index system which roadsteads, and others of
contains the names of all registered similar character
owners and lands registered 2. Those which belong to the
State, without being for public
Baranda v, Gustilo, 165 SCRA 757 (1988) use, and are intended for some
The function of the ROD with reference to registration of deeds, encumbrances, instruments, public service
and the like isorministerial
for the in nature.
development of the national
wealth.
Arts. 5 & 6, 1. Rivers and their natural beds;
Water Code 2. Continuous or intermittent
(PD 1067 ) waters of springs and brooks
is registrable for him to register it. The act being an administrative act does not contemplate notice to and hearing
running inof interested
their natural parties.
beds
and the beds themselves;
3. Natural lakes and lagoons;
4. All other categories of surface
waters such as water flowing
G.R. No. L-22486, Mar. 20, 1968 over lands, water form rainfall
er a document is valid or not is a function that belongs to a court of competent jurisdiction, and not to the ROD. natural or artificial, and
whether
water from agriculture runoff,
seepage and drainage;
5. Atmospheric water;
6. Subterranean or ground water;
RA 12 (1969) 7. Seawater;
OD may validly deny registration of a voluntary instrument:
Found in private lands:
e than 1 copy of the owner’s duplicate certificate of title and not all such copies are presented to the ROD
8. Continuous or intermittent
instrument bears on its face an infirmity waters rising on such lands;
tQhueickTiinmes™traundma ent sought to be 9. Lakes and lagoons naturally
waters rising on such lands;
10. Rain water and falling on such
lands;
registeredue
is in aisspending
are needed tocourt suit
see this picture.
11. Subterranean or ground
Notice waters; and
a. of pending suit must be given to parties
12. Waters in swamps and
Registration may be suspended
marshes
b. Regalian Forest or timberland, public forest,
Doctrine under forest reserves lands, mineral
(1987)
the 1935, 1973, lands
gister a private document since Section 112 of PD 152 provides that deeds of conveyances
and 1987affecting lands should be
Constitution
Bureau of Forestry v. CA, 153 SCRA 351 (1987)

As provided for under Sec. 6 of CA 141, which was In 1993, then Pres Ramos ordered the OSG to
lifted from Act 2874, the classification or institute an action towards the cancellation of TCT
reclassification of public lands into alienable or 15084 in SHAI’s name as well as the title acquired by
disposable, mineral, or forest lands is now a the Navy Officer’s Village Association (NOVA) over a
prerogative of the Executive Department of the bigger parcel of land within the reservation.
government and not the courts. With these rules,
there should be no more room for doubt that it is not ISSUE:
the court which determines the classification of lands Whether the land sold was alienable.
of the public domain into agricultural, forest or
mineral but the Executive Branch of the government, HELD:
through the Office of the President. NO. As regards the issue of inalienability, the Court
upheld the contention of the Republic that the
Republic v. Vera, 120 SCRA 210 (1983) JUSMAG area is inalienable, the same having not
effectively
A parcel of forest land is within the exclusive jurisdiction of the Bureau of Forestrybeen separated
and beyond the powerfrom the military
and jurisdiction of the cadastral c
reservation and declared as alienable and
disposable. Until a given parcel of land is released
from its classification as part of the military
reservation zone and reclassified by law or by
Republic v. Heirs of Felipe Alejaga, Sr. 393 SCRA 361 (2002) presidential proclamation as disposable and
alienable,
The State has an imprescriptible right to cause the reversion of a piece its status
of property as to
belonging part
theofpublic
a military
domainreservation
if title has been acquire
remains, even if incidentally it is devoted for a
purpose other than as a military camp or for defense.
SHAI had not pointed to any proclamation or
legislative act for that matter segregating the property
from the reservation and classifying the same as
alienable lands of public domain. Furthermore, the
Constitution also forbids private corporations from
acquiring any kind of alienable public land except
through lease for a limited period. The whole
conveyance process was also suspicious since the
arlos Garcia. Areas specified in the Proclamation were withdrawn from sales andwhole process
settlements andwas
wereaccomplished only inpurposes.
reserved for military one day.Several presidenti
TYPES OF REGISTRATION:
tive and retired military officers and their faQumickiTliimees™.anSd Ha AI , a non-stock
1. Original Registration
2. Subsequent Registration
ORIGINAL REGISTRATION UNDER PD 1529 is a

proceeding brought before the RTC (as a land
registration court) to determine title or ownership of
land on the basis of an application for registration or
answer by a claimant in a cadastral registration.
KINDS OF JUDICIAL REGISTRATION:

1. Judicial/Voluntary/Ordinary – by filing with
the proper court; application by the private
individual himself
corporation organizeTIFdF (mUnocosmptlreyssbedy) dewcoimvperesssoor f AFP m tai2.
ryli Administrative/Involuntary/Cadastral –
d deed of sale purportedly executed by then Land Management Bureau Director Abelardo Palad Jr. The
compulsory investigation
registration conducted
initiated by theby the DOJ, however, re
government
PROCEDURE IN ORDINARY LAND

REGISTRATION: SFD-TP-SAHJ-DECT
1. Survey of land by the Bureau of Lands or a
duly licensed private surveyor
a. Survey plan must be duly approved by the
Director of Lands. i. Persons named in the notice
2. Filing of application for registration by the ii. Sec. of Public Highways, Provincial
applicant Governor, and Mayor, if the applicant
a. With all muniments of titles and copies requests to have the line of a public
thereof with survey plan approved by way or road determined
Bureau of Lands iii. Sec. of Agrarian Reform, Solicitor
MUNIMENTS OF TITLE are instruments or General, Director of Lands, Director of
written evidence which applicant holds or Fisheries, and Director of Mines, if the
possesses to enable him to substantiate and land borders on a river, navigable
prove title to his estate stream, or shore, or on an arm of the
b. Always filed at the RTC of the place where sea where a river or harbor lies
land is situated iv. iv. Other persons as the court may deem
c. Indorsed to the MTC if there is no proper
controversy over the land or if its value is c. Posting
less than 100,000  Posting in conspicuous place on
d. In cases of delegated jurisdiction to the subject land and on bulletin board of
MTC, appeal is directed to the CA municipal building at least 14 days
e. If land is situated between boundaries of 2 before initial hearing
provinces, application must be filed: 6. Service of notice by the sheriff upon contiguous
 When boundaries are not defined: in owners, occupants and those known to have
the RTC of the place where it is interests in the property
declared for taxation purposes; 7. Filing of answer to the application by any
 When boundaries are defined: person whether named in the notice or not
separate plan for each portion must be 8. Hearing by the court
made by a surveyor and a separate 9. Promulgation of judgment by the Court
application for each lot must be filed 10. Issuance of the decree declaring the decision
with the appropriate RTC final and instructing the LRA to issue a decree
3. Setting of the date of initial hearing of of confirmation and registration
application by the RTC  DECREE– issued by LRA after finality of
a. Within 5 days, set hearing 45-90 days from judgment; contains technical description of
date of order land.
4. Transmittal of the application and the date of i. Decrees dismissing application
the initial hearing, with all the documents or ii. Decrees of confirmation and
other evidences attached thereto, by the Clerk registration
of Court to the LRA  Subject only to appeal
5. Publication of notice of the filing of the 11. Entry of the decree of registration in the LRA
application and the date and place of the  1 year after the date of entry, it becomes
hearing in the Official Gazette incontrovertible and amendments will not be
 The three notices required are allowed except clerical errors. It is deemed
mandatory. conclusive as to the whole world.
a. Publication of notice of initial hearing  Puts an end to litigation
i. Once in the Official Gazette (this  Purpose of Torrens system is protected
confers jurisdiction upon the court) 12. Sending a copy of the decree of registration to
ii. Once in a newspaper of general the corresponding ROD
circulation 13. Transcription of the decree of registration in the
 Purpose of publication: registration book and issuance of the owner’s
- To TIFF
confer QujiuckrTiimsed™ iacndtiaon
(Uncompressed) decompressor duplicate original certificate of title to the
over the land appliedarfeonreeudepd oto applicant by the ROD upon payment of the
nseeththies picctuoreu. rt prescribed fees
- To charge the whole world with
knowledge of the application of the notice in the OG, mailing of notice to:
land involved, and invite them to take
part in the case and assert and prove
their rights over the subject land
b. Mailing
 Within 7 days after publication of said
Page 274 of
courts.
NOTE: Noncompliance with the requisites
will make the Certificate of Title (CT) WHO MAY APPLY IN ORDINARY REGISTRATION
issued invalid and cancellable by the PROCEEDINGS UNDER PD 1529: OPAL
1. Those who by themselves or through their land had been previously denied in a
predecessors-in-interest have been in open, reivindicatory action and the right of ownership
continuous, exclusive, notorious possession of thereto of another is upheld by the courts
alienable and disposable lands of the public
domain under a bona fide claim of ownership FORM OF THE APPLICATION
since June 12, 1945 or earlier (Sec. 15, PD 1529)
2. Those who acquired ownership of private land  In writing
by prescription under the provisions of existing  Signed by the applicant or person duly
laws authorized in his behalf
3. Those who acquired ownership of private lands  Sworn to before an officer authorized to
or abandoned river beds by right of accession administer oath for the province or city where
or accretion under the existing laws the application was actually signed
4. Those who have acquired ownership of land in  If there is more than 1 applicant, they shall be
any manner provided for by law signed and sworn to by and in behalf of each.
NOTE: All these persons must be natural-born CONTENTS OF APPLICATION

Filipino citizens. However, by way of exception (Sec. 15, PD 1529): D-CAEM-ARF
juridical persons may apply for registration of leased 1. Description of the land applied for together
agricultural and disposable lands not exceeding with the buildings and improvements; the
1,000 hectares in area for a period of 25 years and plan approved by Director of Lands and the
renewable for not more than 25 years (Sec. 3, technical descriptions must be attached
Article XII, 1987 Constitution), and except when the 2. Citizenship and civil status of the applicant
land has been previously acquired by prescription by  if married, name of spouse, and
a natural person and subsequently transferred to a  if the marriage has been legally
juridical entity (in this case, a corporation may apply dissolved, when and how the marriage
for judicial confirmation of title). relation was terminated
3. Assessed value of the land and the buildings
LIMITATION TO OWNERSHIP OF LAND BY and other improvements based on the last
CORPORATION: assessment for taxation purposes
1. Private Lands 4. Mortgage or encumbrance affecting the land
a. At least 60% Filipino (Sec. 7, Article XII, or names of other persons who may have an
1987 Constitution) interest therein, legal or equitable
b. Restricted as to extent reasonably 5. Manner of acquisition of land
necessary to enable it to carry out purpose 6. Full names and addresses of all occupants of
for which it was created the land and those of the adjoining owners, if
c. If engaged in agriculture, it is restricted to known, and if not known, the applicant shall
1,024 hectares. state the extent of the search made to find
2. Patrimonial Property of the State (Sec. 3, them
Article XII, 1987 Constitution) 7. If the application describes the land as
a. Lease (CANNOT own land of the public bounded by a public or private way or road, it
domain) for 25 years renewable shall state whether or not the applicant
b. Limited to 1,000 hectares claims any portion of the land within the limits
c. Apply to both Filipinos & foreign of the way or road, and whether the applicant
corporations desires to have the line of way or road
determined (Sec. 20, PD 1529)
PERSONS WHO CANNOT PROPERLY FILE AN 8. The court may require facts to be stated in
APPLICATION FOR REGQISuicTkTRimeA™TanIdOaN the application in addition to those prescribed
OF LAND: TIFF (Uncompressed) decompressor
PMAP are needed to see this picture. by the Decree not inconsistent therewith and
1. Public land sales applicant admits he is not the commissorium)
owner in his application 3. Antichretic creditor since he holds not in the
2. Mortgagee or his successor-in-interest to the concept of an owner
mortgage when mortgage is assigned (pactum 4. Person or entity whose claim of ownership to
Page 275 of
may require the filing of additional papers

9. If the applicant is a non-resident of the
Philippines, he shall file an instrument
appointing an agent residing in the Phils.
and shall agree that service of any legal
process shall be of the same legal effect
as if made upon the applicant within the
Philippines (Sec. 16, PD 1529)
Page 276 of
for registration when it appears to the court that the

WHERE TO FILE APPLICATION amendment is necessary and proper.
 GENERAL RULE: RTC of the province or city Under Section 24 of the same act, the court may at
where the land is situated. anytime order an application to be amended by
− File together with application all original striking out one or more parcels or by severance of
muniments of titles or copies thereof and a the application. The amendment may be made in
survey plan of the land approved by the application or in the survey plan, or in both since the
Bureau of Lands application and survey plan go together.
Averia v. Caguioa, 146 SCRA 459 (1986) If the amendment consists in the inclusion in the
application
PD 1529 has eliminated the distinction between the general jurisdiction forin registration
vested an limited
the RTC and the area orjurisdiction
parcel of conferred
land upon it b
not previously included in the application for
registration of an area or parcel of land not previously
included in the original application, as published, a
new publication of the amended application must be
made. The purpose of the new publication is to give
notice to all persons concerned regarding the
amended application. Without a new publication, the
registration court cannot acquire jurisdiction over the
area or parcel of land that is added to the area
covered by the original application, and the decision
of the registration court would be a nullity insofar as
 If there are several parcels of land situated in the decision concerns the newly included land. The
different provinces/cities but belong to one reason is because without a new publication, the law
owner, he must file in RTC of each is infringed with respect to the publicity that is
province/city where different parcels of land are required in registration proceedings, and third parties
located for registration purposes who have not had the opportunity to present their
 EXCEPTION: Delegated jurisdiction of the claim might be prejudiced in their rights because of
MTC to hear and determine cadastral or land failure of notice.
registration cases covering lots where
− there is no controversy or opposition, or But if the amendment consists in the exclusion of a
− contested lots, the value of which does not portion of the area covered by the original application
exceed 100,000 and the original plan as previously published, a new
publication is not necessary. In the latter case, the
AMENDMENTS IN ORDINARY REGISTRATION jurisdiction of the court is not affected by the failure of a
PROCEEDINGS new application.
1. Striking out one or more The court may strike
of the parcels of land out at any time DOCTRINE OF NON-COLLATERAL ATTACK OF
applied for or by a DECREE OR TITLE
severance of the  A decree of registration and registered title
application cannot be impugned, enlarged, altered,
2. Substantial change in New technical modified, or diminished either in collateral or
boundaries, increase in description and new direct proceeding after the lapse of the 1-year
area, inclusion of publication and notice period prescribed by the law.
additional land are necessary
Benin
3. v. Tuason,
Joinder, 57 SCRAor
substitution, 531 (1974)
File motion with court
kTime™ and a
discontinuance of aTnIFyF (oUnthe
Under Section 23 of Act 496, f sed)registration
decompressor court may allow, or order an amendment of the application
Quic to see this picture.
compres
are needed
the parties
4. Decrease in area File motion with court;
no need for new
publication or notice
Page 276 of
If transaction is BEFORE If transaction is AFTER
Issuance of Decree Issuance of Decree
 Record instrument in  Register directly with
ROD in same ROD for purpose of
manner as if no canceling such title
application was and issuing a TCT
made
 Present instrument
to RTC, with a
motion praying that
the same be
Page 277 of
considered in 1976 did so on time, even if such application was

relation to the filed during the intervening period from January
pending application 1, 1969 to June 18, 1971. Respect should be given
to the obvious intention of the lawmaker in extending
REQUISITES OF OPPOSITION: the period for filing such applications time and again,
1. Set forth objections to the application to give full opportunity to those who are qualified
2. State interest claimed by oppositor under the law to own disposable lands of the public
3. Apply for the remedy desired domain and thus reduce the number of landless
4. Signed and sworn to by him or by some other among the citizenry.
duly authorized person
GENERAL DEFAULT SPECIAL DEFAULT LIMITATION TO AREA APPLIED FOR:

When no person When a party appears at  Maximum of 12 hectares (Sec. 3, RA 6940)
appears and answers initial hearing without
within time prescribed having filed an answer and WHO MAY BE APPLICANTS: FFPL
asks court for time to file 1. Filipino citizens who by themselves or through
answer but failed to do so their predecessors-in-interest have been in
within
open, continuous, exclusive and period allowed
notorious
possession and occupation of alienable and
JUDICIAL CONFIRMATION OF IMPERFECT OR disposable lands of the public domain under a
INCOMPLETE TITLE UNDER THE PUBLIC LAND bona fide claim of acquisition since June 12,
ACT 1945, or prior thereto, or ever since time
 In rem, judicial proceedings immemorial (Oh Cho v. Dir. Of Lands, 75 Phil
 The decree of registration issued is conclusive 890 [1946])
and final 2. Filipino citizens who by themselves or through
 Governed by court procedure and law of their predecessors-in-interest have been, prior
evidence to the effectivity of PD 1073 (January 25,
1977), in open, continuous, exclusive and
WHEN TO FILE notorious possession and occupation of
 Extended up to December 31, 2020, as agricultural lands of the public domain under a
provided in Sec. 2 of RA 9176 bona fide claim of acquisition of ownership, for
at least 30 years, or at least since January 24,
1947 (RA 1942, Dir. Of Lands v. IAC and
ACME, 146 SCRA 509 [1986]).
3. Private corporations or associations which had
acquired lands, formerly part of the alienable
971, that is, after December 31, 1968, the expiry date for filing such kind of application under RA 2061. Thelands
and disposable latest extension of the period
of the public domain,to December 3
from Filipino citizens who had possessed the
same in the manner and for the length of time
indicated in 1 and 2 above (Dir. Of Lands v.
IAC and ACME, 146 SCRA 509 [1986]).
4. Natural born citizens of the Philippines who
may 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 manner and for
QuickTime™ and a the length of time indicated in 1 and 2 above
ISSUE:
(Republic v. CA, 235 SCRA 567 [1994]).
dttioosnee tihsis pvictaurlei.d despite being filed after the period expired and before the extension was granted.
NOTE: A private corporation may institute

confirmation proceedings under Sec. 48(b) of CA 141
f that those who applied for judicial confirmation of their title at any time prioriftoatthethe
cut-off
timedate
of of December
the 31, of the registration
institution
proceedings, the land was already private land
(Director of Lands v. IAC and ACME, 146 SCRA
509 [1986]).
Page 277 of
 As long as the land is already considered as

FACTS:
having become “private” through prescription, Rodriguez is claiming to be the sole heir and
a corporation may institute confirmation administrator of the estate of Hermogenes Rodriguez
proceedings. Having a PRIVATE character who, in his lifetime, was the owner of parcels of land
(no longer public), the land would no longer registered in his name under a Spanish title.
be barred by the Constitution to be owned by Rodriguez leased the parcels of land to Santiago and
a corporation. Land has already become Mateo for a period of 50 years. By virtue of the lease,
PRIVATE, ipso jure, when previously Santiago is presently occupying the land. SBMA, on
acquired by prescription by a natural person. the other hand, is claiming possessory, if not
proprietary, rights over the parcels of land, by using
Natividad v. CA, 202 SCRA 439 (1991) Determinative of this issue isthem
the character of the
for its own parcels of and
commercial land other
– whether they were still public or
purposes.
ISSUE:
Whether or not Spanish Titles are still admissible as
evidence of ownership of lands
HELD:
No.
WHAT APPLICANT MUST PROVE: Although PD 892 reads: “Whereas, Spanish titles to
 The land is alienable and disposable land of lands which have not yet been brought under the
the public domain, and operation of the Torrens system, being subject to
 His possession was for the length of time and prescription, are now ineffective to prove ownership
in the manner and concept required by law unless accompanied by proof of actual
possession…,” petitioners cannot claim that they can
NOTE: Form, Contents, Notice, Mailing, Posting still present the Spanish title as proof of ownership
Requirements are the same as those required in since they were in actual possession.
original registration under PD 1529.
Actual proof of possession only becomes necessary
Director of Lands v. CA, 106 SCRA 426 (1981) because Spanish titles are subject to prescription.
The
A judicial declaration that a parcel of land is public, does not preclude holder
even of applicant
the same a Spanish fromtitle may stillseeking
subsequently lose ahis
judicial confirm
ownership of the real property to the occupant who
actually possesses the same for the required
prescriptive period. Because of this inherent
weakness, the applicant for registration of his
Spanish title under the Torrens system must also
submit proof that he is in actual possession of the
real property by virtue of prescription. Taking the
PROOF OF PRIVATE OWNERSHIP: STOP law as a whole, it has clearly set a deadline for
1. Spanish title (inadmissible and ineffective proof the filing of applications for registration of ALL
of ownership in land registration proceedings Spanish titles under the Torrens system (i.e., 6
filed after Aug. 16, 1976) months from its effectivity or on 14 August 1976),
2. Tax declarations and tax payments (not after which, the Spanish titles may no longer be
conclusive evidence of ownership, must be presented to prove ownership. Therefore, the
coupled with proof of actual possession for the fact that petitioners were in actual possession of
period required by law) the property when they filed the complaint
3. Other kinds of proof (ex. testimonial evidence with
QuickTime™ and a
to prove accretion, deeds
TIFF (Uncompressed) of sale)
decompressor the RTC on April 29, 1996 does not exclude them
are needed to see this picture.
from the application of PD 892, and their
Spanish
4. Presidential issuances and legislative acts Santiago v. SBMA, GR No. 156888, November 20, 2006
(constitutive of a fee simple title or absolute title
in favor of the grantee, a law ceding full
ownership to a government institution)
Page 278 of
title remain inadmissible as evidence of
their ownership of the property, whether in
a land registration proceeding or in an
action to remove a cloud on or to quiet
title. However, this does not bar holders of
Spanish titles from claiming ownership of
real property on some other basis, such as
those provided in PD 1529 or in the Public
Land Act. For sure, Spanish titles can no
Page 279 of
longer be countenanced as indubitable evidence such disability, and if a minor, his age
of land ownership. 4. Description of the land and shall set forth the
estate of the owner, and also show their
JUDGMENT is a decision of court constituting its relative easements, liens, attachments, and
opinion after taking into consideration the evidence other encumbrances
submitted. 5. Other matters to be determined in pursuance of
 It becomes final upon the lapse of 15 days the law
counted from the receipt of notice of the
judgment. PROCESS OF ISSUING THE OCT:
 However, notwithstanding the lapse of the 15- 1. Within 15 days from finality of order of
day period from receipt of judgment by the judgment directing registration of title – court
parties, the court continues to retain control orders the LRA to issue decree of registration
over the case until the expiration of 1 year after and certificate of title
the entry of decree of registration by the LRA 2. Clerk of court will send order of court and
(Republic v. Assosacion Benevola de Cebu, copies of judgment
178 SCRA 692 [1989]). 3. Writ of Demolition may be issued. The court
has authority to order, as a consequence of the
POST-JUDGMENT INCIDENTS writ of possession issued by it, the demolition
1. Writ of Possession: order to sheriff to deliver of improvements introduced by the defeated
the land to the successful party litigant; no oppositor or his successor-in-interest
prescription against: (1) the loser and (2) 4. Administrator will issue a decree of registration
anyone unlawfully and adversely occupying and original and duplicate of OCT that is
 When writ may not issue: When a party signed by the Administrator, entered and file
entered into property after issuance of final decree of registration in LRA
decree, is not an oppositor in registration 5. Send to ROD the original and duplicate of title
proceeding, and is in possession of land for and certificate for entry in his registration book
at least 10 years 6. Enter in record book, dated, signed, numbered
2. Writ of Demolition: the complement of writ of and sealed to take effect upon date of entry
possession; to demolish improvements 7. ROD to send notice to registered owner ready
introduced by oppositor or his successor in for delivery after payment of fees
interest 8. ROD shall send duplicate and note on each
certificate of title to whom it is issued
MEANS TO RECOVER POSSESSION: 9. Original copy to be filed in ROD
1. Forcible entry 10. Bound in consecutive order
2. Unlawful detainer
3. Accion publiciana ATTRIBUTES AND LIMITATIONS ON
4. Accion reivindicatoria CERTIFICATES OF TITLE AND REGISTERED
LANDS:
DECREE OF REGISTRATION : 1. Free from liens and encumbrances
 The decree issued by the LRA pursuant to the a. Claims and liens of whatever character
order of the court.
existing against the land prior to the
 Binds the land, quiets title thereto, subject only issuance of the certificate of title are cut off
to such exceptions or liens as may be provided by such certificate and the certificate so
by law issued binds the whole world, including the
government.
 Conclusive upon all persons including the b. EXCEPTIONS: CNT-PD
government QuickTime™ and a i. Those noted on the certificate
are needed to see this picture. ii. Liens, claims, or rights arising or
CONTENTS OF THE DECREE: DMD-DO existing under the laws and the
1. Date, hour and minute of its entry 3. If er is under disability, the nature of
2. Whether the owner is married or unmarried, th
and if married, the name of the spouse; e
provided that if the land is conjugal property, o
the decree shall be issued in the name of both w
spouses n
Page 279 of
C in the Register of Deeds in order to be
o valid Unpaid real estate taxes levied and
n assessed within 2 years immediately
iii. s preceding the acquisition of any right
t over the land by an innocent purchaser
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Page 280 of
for value FACTS:

iv. Any public highway, or private way Remigia Feliciano filed a complaint against the
established or recognized by law, or spouses Zaldivar for the declaration of nullity of
any government irrigation, canal or TCT No. T-17993 and reconveyance of the
lateral thereof, if the certificate of title property covered therein. The said title is registered
does not state the boundaries of such in the name of Aurelio Zaldivar.
highway or irrigation canal or lateral
thereof have been determined Remigia alleged that she was the registered owner
v. Any disposition of the property or of a lot, part of which is that covered by both the
limitation on the issue thereof pursuant above TCT and TCT No. 8502. It was originally
to PD 27 or any other law or leased to Pio Dalman, Aurelio’s father-in-law. She
regulations on agrarian reform attempted to mortgage the lot to Ignacio Gil, but the
2. Incontrovertible and indefeasible mortgage did not push through. She vehemently
a. GENERAL RULE: Upon expiration of 1 denies ever executing a joint affidavit confirming
year from and after the entry of the decree the sale to Gil and insists that TCT No. 8502 was
of registration in the LRA, the decree and never lost.
the corresponding certificate of title
becomes incontrovertible and indefeasible. The Zaldivars, on the other hand, claimed that
b. EXCEPTIONS: PNF Aurelio bought the property from Dalman who, in
i. If previous valid title of the same land turn, bought the same from Gil in 1951. Gil
exists allegedly purchased the property from Remegia,
ii. When land covered is not capable of the sale of which was evidenced by the joint
registration affidavit of confirmation of sale that Remegia and
iii. When acquisition of certificate is her uncle purportedly executed before a notary
attended by fraud public in 1965. Aurelio then filed a petition for the
issuance of a new owner’s duplicate copy of TCT
RA 193 No. T-8502 because when they asked Remegia
about it, she claimed it had been lost. A petition for
(1976)
partial cancellation of the said TCT was granted
nature of a certificate of title applies when what is involved is the validity of the OCT, not when it concerns that of the TCT.
and TCT No. 17993 was issued in Aurelio’s name.
They also allege that they and their predecessors-
in-interest have been occupying the said property
since 1947, openly, publicly, adversely, and
3. Registered land not subject to prescription continuously or for 41 years already.
a. Even adverse, notorious and continuous
possession under claim of ownership for ISSUE:
the period fixed by law is ineffective against Who is the real owner of the subject lot?
a Torrens title (JM Tuason and Co. Inc. v.
CA, 93 SCRA 146 [1979]). HELD:
b. The fact that the title to the land was lost Remegia is the real owner.
does not mean that the land ceased to be
registered land before the reconstitution of With respect to the claim of acquisitive
its title. It cannot perforce be acquired by prescription, it is baseless when the land
prescription (Ruiz v. CA, 79 SCRA 525 involved is a registered land since no title to
[1977]). registered land in derogation of that of the
c. Laches may be invoked to bar registered owner shall be acquired by adverse
reconveyance oQufickTlaimne™dandtoa the possession. Consequently, proof of possession
registeredTIFF (Uncompressed) decompressor
owner only airef t h e reto
n e ed ed by the Zaldivars is both immaterial and
a r e i n t e r vening rights of
s ee t his p ic tu re . inconsequential.
third persons which may be affected or
prejudiced if such land is returned to the Neither can the spouses rely on the principle of
registered owner (De Lucas v. Gamponia, indefeasibility of TCT No. 17993 by virtue of the
100 Phil 277 [1956]). fact that TCT No. 8502 in the name of Remegia
Feliciano v. Spouses Zaldivar, GR No. 162593, has remained valid. Remegia’s title, thus,
Sep. 26, 2006 prevails over Aurelio’s, especially considering
that the latter was correctly nullified by the RTC
Page 280 of
as it emanated from the new owner’s duplicate

NO. While, it is a familiar doctrine that a forged or
TCT No. 8502, which, in turn, was procured by
fraudulent document may become the root of a
Aurelio through fraudulent means.
valid title, if the property has already been
transferred from the name of the owner to that of
Laches has not set in against Remegia as she
the forger, the same is not true. This doctrine
merely tolerated the occupation by the
serves to emphasize that a person who deals with
Zaldivars of the subject lot. Therefore,
registered property in good faith will acquire good
Remegia’s right to recover possession was
title from a forger and be absolutely protected by a
never barred by laches.
Torrens title.
4. Certificate of title not subject to collateral It cannot be overemphasized that respondent Bank,
attack being in the business of extending loans secured
a. Sec. 48 of PD 1529 provides that “a by real estate mortgage, is familiar with rules on
certificate of title shall not be subject to land registration. As such, it was, as here, expected
collateral attack. It cannot be altered, to exercise more care and prudence than private
modified, or cancelled except in a direct individuals in their dealing with registered lands.
proceeding in accordance with the law.” Accordingly, given inter alia the suspicion-
5. Torrens Certificate presumed valid and provoking presence of occupants other than the
devoid of flaws owner on the land to be mortgaged, it behooved
a. GENERAL RULE: Torrens Certificate of respondent Bank to conduct a more exhaustive
Title is presumed to have been regularly investigation on the history of the mortgagor’s title.
issued, valid, and without defects. The That respondent Bank accepted in mortgage the
buyer has the right to rely upon the face of property in question notwithstanding the existence
the Torrens title and dispense with the of structures on the property and which were in
trouble of inquiring further. actual, visible and public possession of a person
b. EXCEPTION: When he has actual other than the mortgagor, constitutes gross
knowledge of facts and circumstances that negligence amounting to bad faith.
would impel a reasonably cautious man to
make inquiry. In the absence of such inquiry, the respondent
Bank cannot and should not be regarded as a
mortgagee/purchaser in good faith.
amin Valenzuela, to whom she entrusted the documents evidencing her rights over the 6. lots,
General incidents
the latter of registered
fraudulently transferredland
the rights over the lots to
 Registered land or the owners thereof are
not relieved from the following:
a. From any rights incident to the relation
of husband and wife, landlord and
tenant
b. From liability to attachment or levy on
execution
c. From liability to any lien of any
description established by law on the
land and buildings thereon, or in the
interest of the owner in such land or
buildings
d. From any right or liability that may arise
TIFF (Uncompressed) decompressor due to change of the law on descent
titled toartehneeedpedrtoo steeecthtisiopincturoe.f the law with a better right over the lots than the Amorins.
e. From the rights of partition between co-
owners
f. From the right of the government to
SSUE: take the land by eminent domain
Whether or not the Bank is an innocent purchaser for value whose title must be upheld. g. From liability to be recovered by an
assignee in insolvency or trustee in
HELD: bankruptcy under the laws relative to
preferences
h. From any other rights or liabilities
Page 281 of
created by law and applicable to unregistered land been executed even

7. Where certificate of title is obtained by a without his knowledge or
trustee against his consent
a. Trustee who obtains a Torrens title in his • Sale • Attachment
name, over property held in trust by him • Real property mortgage • Injunction
for another cannot repudiate the trust • Lease • Mandamus
relying on the registrations, such being • Pacto de retro sale • Sale on execution of
one of the limitations upon the finality of • Extra-judicial settlement judgment or sales for
title • Free patent/homestead taxes
b. Trustee could not perforce legally convey • Powers of attorney • Adverse claims
ownership of the registered property in • Trusts • Notice of lis pendens
her will for she is not the absolute owner An innocent purchaser for Entry thereof in the day
thereof value of registered land book of the ROD is
becomes the registered sufficient notice to all
SUBSEQUENT REGISTRATION owner the moment he persons even if the
 Where incidental matters after original presents and files a duly owner’s duplicate
registration may be brought before the land notarized and valid deed certificate of title is not
registration court by way of motion or petition of sale and the same is presented to the ROD
filed by the registered owner or a party in entered in the day book
interest. and at the same time he
 Rules as to the necessity and effects of surrenders or presents
registration in general the owner’s duplicate
1. Except a will that purports to convey or certificate of title covering
affect a registered land, the mere execution the land sold and pays
of the deeds of sale, mortgage, or lease or the registration fees
other voluntary documents serve only 2 Need to present title to No presentation
purposes: record the deed in registry required; annotation in
a. as a contract between the parties & to make memorandum entry book is sufficient
thereto, and on title
b. as evidence of authority to the ROD to VOLUNTARY DEALINGS
register such documents Operative Act: registration by owner, if deed is not
2. It is only the act of registering the registered, it is binding only between parties
instrument in the ROD of the province or  GENERAL RULE: Where there is nothing on
city where the land lies which is the the certificate of title to indicate any cloud or
operative act that conveys ownership or vice in the ownership of the property, or any
affects the land insofar as third persons are encumbrance thereon, the purchaser is not
concerned. required to explore further than what the
3. The act of registration creates a Torrens title upon its face indicates in quest for
constructive notice to the whole world of any hidden defect or inchoate right that may
such voluntary or involuntary instrument or defeat his right thereto (Fule v. Legare, 7
court writ or process. SCRA 351 [1963]).
 Every person dealing with registered land may safely
VOLUNTARY INVOLUNTARY rely on the correctness of the certificate of title issued
DEALINGS DEALINGS therefore and the law will in no way oblige him to go
Refer to deeds, Refer to such writ or behind the certificate to determine the condition of the
instruments, or Qui ckoTrimde™eranod ra process
property. Even if a decree in a registration proceeding is
documents which are are needed issued
ssed) decompressor infected with nullity, still, an innocent purchaser for value
results of the free and tobseye tahiscpioctuurer.t of
relying on a Torrens title issued in pursuance thereof is
voluntary acts of the record protected (Cruz v. CA & Suzara, 281 SCRA 491
parties thereto affecting registered land [1997]).
which by law should be
 Although generally a forged or fraudulent deed is a
registered to be
nullity and conveys no title, however, there are instances
effective, and also to
where such a fraudulent document may become the
such instruments which
root of a valid title.
are not the willful acts of
One such instance is where the certificate of the true owner to the forger, and while it remained
the registered owner
title was already transferred from the name of that way, the land was subsequently sold to an
Page 282 of
innocent purchaser (Fule v. Legare, 7 SCRA (public instrument)

351 [1963]). 2. Registration with ROD where the land lies
 EXCEPTIONS: BOB-IM-LK a. Present deed of mortgage together with
1. Where the purchaser or mortgagee is a b. Owner’s Duplicate and affidavit of good
bank/financing institution, the general rule faith
that a purchaser or mortgagee of the land c. Payment of fees
is not required to look further than what d. ROD shall enter upon original certificate of
appears on the face of the title does not title and upon duplicate a memorandum
apply (Dela Merced v. GSIS, 365 SCRA 1 (date, time of filing, signature, file number
[2001]). assigned to deed)
2. The ruling in Fule v. Legare cannot be e. ROD to note on the deed the date and time
applied where the owner still holds a valid of filing, and reference to volume and page
of the registration book in which it was
registered
3. No duplicate need be issued
and existing certificate of title covering the REGISTRATION OF CHATTEL MORTGAGE:
same property because the law protects 1. Execution of document
the lawful holder of a registered title over 2. Present the document together with affidavit of
the transfer of a vendor bereft of any good faith
transmissible right (Tomas v. Tomas, 98 3. Payment of fees
SCRA 280 [1980]). 4. ROD enters in Day Book in strict order of their
3. Purchaser in bad faith (Egeo v. CA, 174 presentation chattel mortgages and other
SCRA 484 [1989]) instruments relating thereto (primary process)
4. Sufficiently strong indications to impel 5. ROD thereafter enters in a more detailed form
closer inquiry into the location, boundaries, the essential contents of the instrument in the
and condition of the lot (Francisco v. CA, Chattel Mortgage Register (complementary
153 SCRA 330 [1987]). process)
5. Where a person buys land not from the
registered owner but from one whose rights EFFECT OF REGISTRATION:
to the land has been merely annotated on 1. Creates a lien that attaches to the property in
the certificate of title (Quiniano v. CA, 39 favor of the mortgagee
SCRA 221 [1971]). 2. Constructive notice of his interest in the
6. Purchases land with a certificate of title property to the whole world
containing a notice of lis pendens
7. Purchaser had full knowledge of flaws and EFFECT OF FAILURE TO REGISTER:
defects in the title (Bernales v. IAC, 166  Valid between parties but void against 3rd
SCRA 519, [1988]). persons
 If instead of registration, it is delivered, it shall
PROCESS OF REGISTRATION: (GENERALLY) be a pledge and not a chattel mortgage (if no
1. File the instrument creating or transferring the chattel mortgage deed executed)
interest and the certificate of title with ROD,  Actual knowledge is same effect as registration
including:
a. Owner’s duplicate AFFIDAVIT OF GOOD FAITH:
b. Payment of fees and documentary stamp  Statement that:
tax 1. Mortgage is made to secure obligation
c. Evidence of full QpuaicykTmimee™natndoaf real specified
estate taxTIFF (Uncompressed) decompressor 2. That it is a valid and just obligation
d. Document oaref ntereadend stofseeer:thi1s picatudred. 3. That it is not entered into for purposes of
itional copy for city/provincial assessor
2. ROD shall make a memorandum on the fraud
certificate of title, signed by him
3. Issuance of the TCT EFFECT OF ABSENCE OF AFFIDAVIT OF GOOD
FAITH:
REGISTRATION OF REAL PROPERTY  Vitiates mortgage as against creditors and
MORTGAGE: subsequent encumbrancers
1. Execution of deed in a form sufficient in law  Mortgage is not valid as between parties
 No need to be in public document
Page 283 of
REGISTRATION OF LEASE of the plaintiff

 It is the lessee, not the lessor, who is required  Kinds:
to initiate the registration. a. Preliminary
b. Garnishment
c. Levy on execution
1.File with ROD the instrument creating lease
together with owner’s duplicate of certificate of REGISTRATION OF ATTACHMENT/OTHER
title LIENS:
2.ROD to register by way of memorandum upon 1. Copy of writ in order to preserve any lien, right,
certificate of title or attachment upon registered land may be
3.No new certificate shall be issued filed with ROD where land lies, containing
number of certificate of title of land to be
NOTE: When there is prohibition in mortgaged affected or description of land
property as regards subsequent conveyances, etc., 2. ROD to index attachment in names of both
leasehold cannot be registered in the title thereof plaintiff and defendant or name of person for
whom property is held or in whose name
EFFECT OF REGISTRATION: stands in the records
1.Creates a real right but without prejudice to rights 3. If duplicate of certificate of title is not
of 3rd persons presented:
2.If it is not registered, it is valid as between parties a. ROD shall, within 36 hours, send notice to
but not to 3rd persons without notice registered owner by mail stating that there
has been registration and request him to
MAY ALIENS REGISTER LEASE? YES produce duplicate so that memorandum
1. May be granted temporary rights for may be made
residential purposes b. If the owner neglects or refuses to comply,
2. Limit: 25 years, renewable for another 25 the ROD shall report the matter to the court
years c. The court, after notice, shall enter an order
to owner to surrender certificate at the time
WHO ELSE MAY REGISTER? Builder in Good Faith and place named therein
4. Although notice of attachment is not noted in
REGISTRATION OF TRUST duplicate, notation in book of entry of ROD
1. Implied Trust: present a sworn statement produces the effect of registration already.
claiming interest by reason of an implied trust
with description of land and reference to the EFFECTS OF REGISTRATION OF ATTACHMENT:
number of certificate shall be registered in REEA
ROD 1. Creates real right
2. Express Trust: instrument creating the trust 2. Has priority over execution sale
does not prohibit registration 3. But between 2 attachments, one that is
earlier in registration is preferred
REGISTRATION OF APPOINTED TRUSTEE BY 4. If it is not registered, actual knowledge is the
COURT same as registration
 Certified copy of decree shall be presented to
ROD and surrender duplicate certificate 2. EXECUTION SALE
 Cancel duplicate & new certificate shall be  To enforce a lien of any description on
entered by ROD registered land, any execution or affidavit to
enforce such lien shall be filed with ROD
INVOLUNTARY DEALINGS: QuickTime™
TIFF (Uncompressed) and a
decompressor where land lies
 Transactions areanfefeedecdttionsgee this which  Register in registration book & memorandum
la n d
pi c tu re.
in
cooperation of registered owner is not needed, to attach the property, rights, credits, or
or even against his will effects of the defendant to satisfy demands
1. ATTACHMENT
 A writ issued at the institution or during
progress of an action commanding the sheriff
Page 284 of
upon proper certificate of title as adverse

claim or as an encumbrance
 To determine preferential rights between 2
liens: priority of registration of attachment
a. TAX SALE
 Sale of land for collection of delinquent
taxes and penalties due the government
Page 285 of
 In personam (all persons interested shall

A mere money claim cannot be registered as an
be notified so that they are given an
adverse claim.
opportunity to be heard)
 Notice to be given to delinquent tax
 Actual knowledge is equivalent to registration
payer at his last known address
of adverse claim.
 Publication of notice must also be made
 No 2nd adverse claim based on the same
in English, Spanish, and local dialect,
ground may be registered by the same
posted in a public and conspicuous place
claimant.
in the place where the property is
situated and at the main entrance of the
FORMAL REQUISITES OF AN ADVERSE CLAIM
provincial building
FOR PURPOSES OF REGISTRATION: WNR
 Sale cannot affect rights of other lien a. Adverse claimant must state the following in
holders unless given the right to defend writing:
their rights: due process must be strictly 1.his alleged right or interest
observed 2.how and under whom such alleged right or
 Tax lien superior to an attachment interest is acquired
 There is no need to register a tax lien 3.the description of the land in which the right
because it is automatically registered or interest is claimed
once the tax accrues 4.the certificate of title number
 But the sale of registered land to b. Such statement must be signed and sworn to
foreclose a tax lien needs to be before a notary public
registered c. Claimant shall state his residence or place to
which all notices may be served upon him
PROCEDURE OF REGISTRATION OF TAX SALE:
1. Officer’s return shall be submitted to the ROD NOTE: Noncompliance with said formal requisites
together with the owner’s duplicate title renders such adverse claim non-registrable and
2. Register in the registration book ineffective.
3. Memorandum shall be entered in the certificate
as an adverse claim or encumbrance PERIOD OF EFFECTIVITY; WHEN CANCELLED
4. After a period of redemption has expired and  The adverse claim shall be effective for a
no redemption made (2 years from registration period of 30 days from the date of registration
of auction sale), title must be cancelled and and it may be cancelled:
new title will be issued a. After the lapse of 30 days, upon the filing
5. Before the cancellation, notice shall be sent to by the party-in-interest of a verified petition
registered owner, to ask him to surrender title for such purpose
and show cause why it shall not be cancelled b. Before the lapse of said 30 days, upon the
filing by the claimant of a sworn petition
3. ADVERSE CLAIM withdrawing his adverse claim
Sajonas v. CA, 258 SCRA 79 (1996) c. Before the lapse of the 30-day period,
when aonparty-in-interest
ADVERSE CLAIM is a notice to third persons that someone is claiming an interest files
the property or has a petition
a better in the registe
right than
the proper RTC for the cancellation of the
adverse claim and, after notice and
hearing, the court finds that the claim is
invalid. If the court also finds the claim to
be frivolous, it may fine the claimant the
 Claim is adverse when:
amount of not less than 1,000 pesos nor
1. A claimant’s ri g h t o r in t e rest in
Q u ick Tim e ™ an d a
more than 5,000 pesos, in its discretion
registered land is ad v e r s e
a re ne e d ed
t o t h e r e g i stered owner;
t o se e th is p ic tu re .
2. Such right arose subsequent to date of Diaz-Duarte v. Ong, 298 SCRA 388 (1998)
original registration For this purpose, the interested party must file with
3. No other provision is made in the Decree the proper court a petition for cancellation of adverse
for the registration of such right or claim claim, and a hearing must also first be conducted.
(Sec. 70, PD 1529) The Register of Deeds cannot on its own
automatically cancel the adverse claim.
Sanchez v. CA, 69 SCRA 327 (1976)
Page 285 of
Ty Sin Tei v. Dy Piao, 103 Phil 858, G.R. No. 11271, May 28,party
1958 who caused such registration
5. Deemed cancelled
An adverse claim may exist concurrently with a subsequent annotation when
of a notice of liscertificate
pendens. issued by clerk of court stating manner o
LIS PENDENS HAS NO APPLICATION TO THE

FOLLOWING:
notice of adverse claim may be validly cancelled after the registration of such notice, since the notice of lis pendens also serves the purpose of the adver
1. Preliminary attachment
2. Proceedings for the probate of wills
3. Levies on execution
4. Proceedings for administration of estate of
deceased persons and
5. Proceedings in which the only object is the
recovery of a money judgment
4. NOTICE OF LIS PENDENS
deal with it at their own risk, and whatever rights they may acquire in the property in anyPARTIES
OTHER voluntary transaction
WHO NEED areTO
subject to the results of the action,
REGISTER:
1. ASSIGNEE IN INVOLUNTARY PROCEEDING
FOR INSOLVENCY
 Duty of the officer serving notice to file
copy of notice to ROD where the property
of debtor lies
 Assignee elected or appointed by court
shall be entitled to entry of a new certificate
of registered land upon presentment of
 It merely creates a contingency and not a lien copy of assignment with the bankrupt’s
duplicate certificate of title
WHEN NOTICE OF LIS PENDENS IS PROPER:  New certificate shall not state that it is
RQCPO entered to him as assignee or trustee in
1. To recover possession of real estate insolvency proceedings
2. To quiet title thereto
3. To remove clouds upon the title thereof Judgment/Order Vacating Insolvency
4. For partition, and Proceedings
5. Any other proceeding of any kind in court  Order shall also be registered
directly affecting the title to the land or the use  Surrender title issued in name of
of occupation thereof or the building thereon. assignee & debtor shall be entitled to
entry of new certificate
EFFECT OF REGISTRATION:
1. Impossibility of alienating the property in 2. GOVERNMENT IN EMINENT DOMAIN
dispute during the pendency of the suit  Copy of judgment filed in ROD which states
2. It may still be alienated but the purchaser is description of property, certificate number,
subject to the final outcome of pending suit interest expropriated, nature of public use
3. ROD is duty-bound to carry over notice of lis
 Memorandum shall be made or new
pendens on all new titles to be issued
certificate of title shall be issued
CANCELLATION OF LIS PENDENS: M-NUVD
 Before final judgment, the court may order
the cancellation: QuickTime™ and a CADASTRAL REGISTRATION is a proceeding in
TIF F ( Un co m pr e s se d) d eco mp re s sor rem initiated by the filing of a petition for registration
1. After showing aret needed
h a totseenthisopicture.
t i c e is o n l y for purpose of
by the government, not by the persons claiming
molesting an adverse party
ownership of the land subject thereof, and the latter
2. When it is shown that it is not necessary to
are, on the pain of losing their claim thereto, in effect,
protect the right of the party who caused the
compelled to go to court to make known their claim or
registration thereof
interest therein and to substantiate such claim or
3. When the consequences of the trial are
interest
unnecessarily delaying the determination of the
case to the prejudice of the other party  The government does not seek registration of
4. ROD may also cancel by verified petition of the land in its own name
Page 286 of
 The objective of the proceeding is the Purpose Petitioner Government

adjudication of title to the lands involved in the comes to court asks the court to
proceeding to confirm his settle and
title and seeks adjudicate the
PROCEDURE: NN-CP-PAHD-DI the registration title of the land
1. Notice of cadastral survey published once in of the land in his
OG and posted in conspicuous place with a name
copy furnished to the mayor and barangay Person who Landowner Government
captain requests the
2. Notice of date of survey by the Bureau of Land survey
Management and posting in bulletin board of Effect of • no adverse • if none of the
the municipal building of the municipality or judgment claim applicants can
barrio, and he shall mark the boundaries of the • if the applicant prove that he is
lands by monuments set-up in proper places fails to prove his entitled to the
thereon title, his land, the same
3. Cadastral survey application may shall be
4. Filing of petition be dismissed declared public
5. Publication (twice in successive issues of OG), without (res judicata)
mailing, posting prejudice (no
6. Filing of answer res judicata)
7. Hearing of the case
8. Decision PATENTS
9. Issuance of the decree and certificate of title CLASSIFICATION OF LAND OF PUBLIC DOMAIN:
 The classification is the exclusive prerogative
NOTE: The cadastral court is not limited to mere of executive and not by judiciary
adjudication of ownership in favor of one or more  Anyone who applies for confirmation of
claimants. If there are no successful claimants, the imperfect title has the burden of proof to
property is declared public land. Additionally, while overcome the presumption that the land sought
the court has no jurisdiction to adjudicate lands to be registered forms part of public domain
already covered by a Certificate of Title, it is (Regalian doctrine)
nonetheless true that this rule only applies where
there exists no serious controversy as to the UNDER THE CONSTITUTION:
certificate’s authenticity vis-à-vis the land covered 1. Agricultural – only one subject to alienation
therein (Republic v. Vera, 120 SCRA 210 [1983]). 2. Forest or timber
3. Mineral lands
PD 1529 Cadastral 4. National park
Nature Voluntary Compulsory UNDER THE PUBLIC LAND ACT:
Applicant Landowner Director of 1. Alienable/disposable:
Lands a. Agricultural
Lands covered • usually • all classes of b. Residential, commercial, industrial
involves private lands are c. Educational, charitable
land included d. Town sites and for public and quasi-
• it may also public uses
refer to public
2. Timber lands: inalienable
agricultural
3. Mineral lands: inalienable
lands if the 
If patent or title is issued, it is void ab
a
object ofQtuhicekTime™ressor
and TIFF (Uncompressed) initio for lack of jurisdiction
decomp ure.
actioarne neiseded to see  It is not subject to acquisitive prescription

this pict even if in possession for long time, it will
confirmation of not ripen into ownership
an imperfect title  Except: mineral lands and forest lands
Parties Applicant and Government, acquired before inauguration of
opponent Landowners Commonwealth in November 15, 1935
must come to because there are vested rights which
court as are protected
claimants of FISHPONDS
Page 287 of
 Before: It was included in the definition of 1. Action for partition because it is not a
agriculture, therefore the conversion of conveyance
2. Alienations or encumbrances made in favor of
the government
agricultural land to fishponds did not change
character of land ERRING HOMESTEADER NOT BARRED BY PARI
 Now: It has a restricted meaning; Fishponds DELICTO
have a distinct category and cannot be  Pari delicto rule does not apply in void
alienated but may be leased from government contracts
 Violation of prohibition results in void contract
WHEN GOVERNMENT GRANT DEEMED  Action to recover does not prescribe
ACQUIRED BY OPERATION OF LAW:
1. Deed of conveyance issued by government KINDS TO WHOM REQUIREMENTS
patent/grant GRANTED
2. Registered with the ROD: mandatory, it is the HOMESTEAD To any • does not own
operative act to convey and transfer title PATENT Filipino more than 12
3. Actual physical possession, open and citizen over hectares of land in
continuous the age of 18 the Philippines or
 Land ceased to be part of public domain & years or has not had the
now ownership vests to the grantee head of a benefit of any
 Any further grant by Government on same family gratuitous
land is null and void allotment of more
 Upon registration, title is indefeasible than 12 hectares
• must have
TITLE ISSUED PURSUANT TO REGISTRATION resided
OF PATENT: continuously for at
1. Indefeasible when registered, and deemed least 1 year in the
incorporated with Torrens system 1 year after municipality where
the issuance of patent the land is situated
2. May not be opened 1 year after entry by LRA • must have
(otherwise, confusion and uncertainty on the cultivated at least
government system of the distribution of 1/5 of the land
public lands may arise and this must be applied for
avoided) FREE PATENT To any • does not own
Except: if it is annullable on ground of fraud, natural born more than 12
then it may be reopened even after 1 year citizen of the hectares of land
because registration does not shield bad faith Philippines • has continuously
 The court, in the exercise of its equity (filing ended occupied and
jurisdiction, may direct reconveyance Dec. 31, cultivated, either
even without ordering cancellation of title 2000) by himself or his
predecessors-in-
HOMESTEAD RESTRICTIONS: interest, tracts of
1. Cannot be alienated within 5 years after disposable
approval of application for patent agricultural public
2. Cannot be liable for satisfaction of debt within 5 land for at least 30
years after approval of patent application years prior to
3. Subject to repurcha s e decompressor
o f h e ir s within
Q u ickTi m e™ a nd a March 28,1990
TIFF (Uncompressed)
5 years after alienation • paid real property
a re ne ed ed to s ee th is pict ure .
w h e n a ll o w e d a lr eady taxes on the
4. No private corporation, partnership, association property while the
may lease land unless it is solely for same has not
commercial, industrial, educational, religious or been occupied by
charitable purpose, or right of way (subject to any person
consent of grantee and approval of Secretary • grant will be
of Environment & Natural Resources) limited to 12
hectares only
EXCEPTIONS:
Page 288 of
SALES Citizens of • to have at least resided therein

PATENT the 1/5 of the land • no public auction
Philippines of broken and required
lawful age or cultivated within 5 • not subject to
head of the years from the any restriction
family may date of the award against
purchase (public auction) encumbrance or
public • shall have alienation
agricultural established actual SPECIAL To Non- • Secretary of the
land of not occupancy, PATENT Christian DILG shall certify
more than 12 cultivation, and Filipinos that the majority of
hectares improvement of at under the the non-Christian
least 1/5 of the Public Land inhabitants of any
land until the date Act given reservation
of such final have advanced
payment sufficiently in
• for agricultural civilization
lands suitable for
PROCEDURE FOR REGISTRATIONresidential, OF PUBLIC LANDS: IFEFI
1. Official issues an instrument of conveyance commercial or
industrial 2. File the instrument with ROD
purposes, patent 3. Instrument is to be entered in books and
is issued only owner’s duplicate to be issued
after:  Instrument is only a contract between
1.) full payment of Government and private person and
purchase price, does not take effect as conveyance if
and unregistered, it is registration which is
2.) completion of operative act of conveying land; evidence
the construction of of authority for ROD to register
permanent 4. Fees to be paid by grantee
improvements 5. After issuance of certificate of title, land is
appropriate for deemed registered land within the purview of
purpose for which the Torrens system
the land is
purchased (must RESTRICTION ON ALIENATION/ENCUMBRANCE
be completed OF LANDS TITLED PURSUANT TO PATENTS:
within 18 months 1. Lands under free patent or homestead patent
from date of is prohibited from being alienated/encumbered,
award) except if in favor of the government, within 5
To any • does not own a years from and after the issuance of the patent
citizen of home lot in the or grant (Republic v. Heirs of Felipe Alejaga,
legal age for municipality in Sr., 393 SCRA 361 [2002])
residential which he resides 2. Transfer or conveyance of any homestead after
purposes • in good faith, 5 years and before 25 years after the issuance
established his of the title without the approval of the DENR
QuickTime™ residence
da on a Secretary
TIFF (Uncompressed) de mpressor
are needed to see thi naparcel
icture. of land of 3. Lands acquired under emancipation patents
co s
ppublic domain not issued to landless tenants and farmers must
needed for public not be alienated or encumbered within 10
service years from issuance of the title
• not more than 4. Conveyances and encumbrances made by
1000 sq. m. persons belonging to the “non-Christian tribes”
• occupant must may be made only when the person making the
have constructed conveyance or encumbrance is able to read
his house on the and understand the language in which the
land and actually
Page 289 of
instrument or deed is written. If illiterate, must REMEDIES AVAILABLE TO AGGRIEVED PARTY

be approved by the then Commissioner of IN REGISTRATION PROCEEDINGS
Mindanao and Sulu  I MOTION TO • before judgment
n LIFT/SET ASIDE • FAME and with valid defense
NATURE OF TITLE TO PUBLIC LANDS ORDER OF DEFAULT • under oath
CONVEYED: INDEFEASIBLE AND CONCLUSIVE a MOTION FOR NEW • 15 days from notice of
b TRIAL judgment
s GROUNDS:
e a. Fraud, accident, mistake,
n excusable negligence
c (FAME) which ordinary
e prudence could not have
guarded against
o b. Newly discovered evidence
f c. Award of excessive
damages, or insufficiency
r of evidence to justify
e decision, or that the
g decision is against the law
i APPEAL • 15 days from notice of
s judgment
t • To the CA/SC
r RELIEF FROM • 60 days after petitioner learns
a JUDGMENT of judgment, but not more than
t 6 months after judgment was
i entered
o REQUISITES:
n a. FAME, with affidavit of
, merit; in case of extrinsic
fraud, state that deprived of
t hearing or prevented from
i appealing
t b. After judgment
l c. Person deprived of right is
e party to case
PETITION FOR • Within 1 year after entry of
t REVIEW OF decree of registration
o REGISTRATION • it will not prosper if transferred
DECREE to innocent purchaser for value
GROUNDS:
p
a. actual or extrinsic fraud,
u
committed outside trial,
b
preventing petitioner from
l
presenting his side
i
b. fatal infirmity in the decision
c
for want of due process
c. lack of jurisdiction of the
l court
a REQUISITES:
n a. Petitioner has a real and
d dominical right
b. He has been deprived of
i such right
s c. Through actual or extrinsic
fraud
n d. The petition is filed within 1
o
Page 290 of
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Page 291 of
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Page 292 of
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Page 293 of
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Page 294 of
361 (2002)
e latter. However, this indefeasibility of a title does not attach to titles secured by fraud and misrepresentation. Well-settled is the doctrine that the regi
the State as to how the title has been acquired, if the

QuickTime™ and a
cel of land acquired under a free patent or homestead within five years from its grant. The prohibition against any alienation or encumbrance of the land
Page 295 of
year from the issuance of
the decree
e. The property has not been
passed on to an innocent
purchaser for value
ACTION FOR • available so long as property
RECONVEYANCE not yet passed to innocent
purchaser for value
• by aggrieved party, whose
land was registered wrongly to
another person
• before issuance of decree, or
within/after 1 year from entry
• action in personam
• if based on implied trust, it
must be instituted within 10
years, and imprescriptible if by
registered owner or his
children, co-heir, or plaintiff in
possession
• if based on expressed trust
and void contract,
imprescriptible
• if based on fraud, it must be
instituted within 4 years from
the discovery of the fraud
RECOVERY FOR REQUISITES:
DAMAGES a. Person is wrongfully
deprived of his land by
registration in name of
another (actual or
constructive fraud
b. No negligence on his part
c. Barred/ precluded from
bringing an action (after 1
year from decree)
d. Action for compensation
has not prescribed
ACTION FOR REQUISITES:
COMPENSATION a. The aggrieved party
FROM THE sustained loss or damage,
ASSURANCE FUND* or is deprived land or any
estate or interest therein
b. Such loss, damage or
deprivation was occasioned
by the bringing of the land
TIF
uQnuidckeTimr
et™haendoaperation of the
F (Uncompressed) decompressor
are neeTdeod trorseeentshis spiyctusret.em
or arose
after the original registration
of the land
c. The loss, damage or
deprivation was due to
fraud, or any error,
omission, mistake, or
misdescription in any
entry or memorandum in
the registration book
d. There was no negligence
on his part
e. He is barred or precluded
under the provisions of PD
1529 or under the
provisions of any law from
bringing an action for the
recovery of such land or the
estate or interest therein;
f. The action has not
prescribed: must be
instituted within a period of
6 years from the time the
right to bring such action
first occurred-which is the
date of issue of the
certificate of title
g. Execution first against
person responsible for
fraud; if insolvent, against
national treasury
CANCELLATION  Where 2 certificates are
SUITS issued to different persons
covering the same land, the
title earlier in date must
prevail, unless procured by
fraud or is jurisdictionally
flawed
 The later title should be
declared null and void and
ordered cancelled
 It is the aggrieved party that
institutes the action
 In case of non-registered
land, must be filed by the
OSG for cancellation of title
or reversion to State
 Voiding or cancellation of
OCT does not affect
derivative TCTs if their
holders not given
opportunity to be heard and
defend their title
ANNULMENT OF  May only be availed of
JUDGMENT when the ordinary remedies
of new trial, petition for
relief, or other appropriate
remedies are no longer
available through no fault of
the petitioner (Linzag v.
CA, 291 SCRA 304
[1998]).
REVERSION SUIT  The objective is the
cancellation of the be brought within 10 years
certificate of title and the from loss of possession
consequential reversion of CRIMINAL ACTION  The State may criminally
the land covered in the land prosecute for perjury the
grant to the State party who obtains
 GROUNDS: registration through fraud,
a. Violation of Sections such as by stating false
118, 120, 121 and 122 assertions in the sworn
of the Public Land Act answer required of
(ex. alienation or sale applicants in cadastral
of homestead executed proceedings (People v.
within the 5 year Cainglet, 16 SCRA 749
prohibitory period) [1966] )
b. When land patented
ASSURANCE FUND and titled is not capable
of registration  State creates a fund for the compensation of
c. Failure of the grantee to persons injured by divesting/cutting off of rights
comply with conditions due to the indefensibility of title; following that
imposed by law to act of registration is operative act by which
entitle him to a patent or State transfers title
grant  It is created to relieve innocent persons from
d. When area is an harshness of doctrine that certificate of title is
expanded area conclusive evidence of an indefeasible title to
e. When the land is land.
acquired in violation of  Upon entry of certificate in name of owner or
the Constitution (e.g. TCT, ¼ of 1% shall be paid to the ROD based
land acquired by an on assessed value of land as a contribution to
alien) the assurance fund
 Indefeasibility of title,  If there is yet no assessment, a sworn
prescription, laches, and declaration of 2 disinterested persons on the
estoppel do not bar value of the land, subject to determination by
reversion suits court, is required.
QUIETING OF TITLE  Brought to remove clouds  Money shall be in the custody of the National
on the title to real property Treasurer who shall invest it until principal plus
or any interest therein, by interest aggregates to 500,000. The excess
reason of any instrument, shall be paid to the Assurance Fund and be
record, claim, included in the annual report of Treasurer to
encumbrance, or Secretary of Budget
proceeding which is
apparently valid or effective WHO IS ENTITLED:
but is in truth and in fact 1. Claimant must be owner, purchaser or
invalid, effective, voidable encumbrancer in good faith who suffered
or unenforceable, and may actual damage by loss of land. In short, he is
be prejudicial to said title deprived of his land or interest therein
(Art. 476, Civil Code) 2. No negligence attributable to him
 An ordinary civil remedy 3. Claimant is barred from filing action to
F(UncoA
Qu ic k Ti me ™
TIF
s i d e f roanmd a the recover said land
registered
mpressed) decompressor 4. Action to recover from assurance fund has
oewd tonseeert,hisapipctuerer. son
are need not prescribed
who has
an equitable right or LOSS/DAMAGES SHOULD NOT BE DUE TO
interest in the property may FOLLOWING REASONS:
likewise file such action 1. Breach of trust
(Mamadsul v. Moson, 2. Mistake in resurvey resulting in expansion of
190 SCRA 82 [1990]) area in certificate of title
 Imprescriptible if plaintiff is
title
LOSS/DAMAGES SHOULD BE DUE TO THE  After notice and hearing, the court is to
FOLLOWING REASONS: order issuance of new title with
1. Omission, mistake, misfeasance of memorandum that it is issued in place of
ROD or clerk of court lost certificate (duplicate)
2. Registration of 3rd persons as owner  If false statement, he can be charged with
3. Mistake, omission, misdescription in the complex crime of estafa through
4. certificate of title, falsification of public document
duplicate or entry in books
5. Cancellation 2. ADVERSE CLAIM IN REGISTERED LAND
 Different from lis pendens:
AGAINST WHOM ACTION IS FILED:  Lis pendens has no expiration period but
1. Action due to deprivation of land due to adverse claim is only for 30 days:
mistake, negligence, omission of ROD, etc:  Lis pendens is a notice that property is in
ROD and National Treasurer as defendants; litigation while adverse claim signifies that
Sol-Gen must appear somebody is claiming better right
2. Private persons involved should also be  Recent ruling: adverse claim can only be
impleaded removed upon court order, therefore, it is
considered to be the more permanent and
LIABILITY: stable one as compared to lis pendens
1. Satisfy claims from private persons first
2. When unsatisfied: secondarily liable is the 3. PETITION SEEKING SURRENDER OF
National Treasurer who shall pay through the DUPLICATE TITLE
assurance fund; thereafter Government shall  In voluntary and involuntary conveyances:
be subrogated to rights of plaintiff to go when the duplicate cannot be produced,
against other parties or securities the party must petition the court to compel
the surrender of duplicate certificate of title
to ROD
MEASURE OF DAMAGES:
 After hearing, the court may order issuance
 Based on amount not greater than fair of a new certificate and annul the old
market value of land certificate
 Amount to be recovered not limited to  The new certificate shall contain an
500,000 which is maintained as standing annotation regarding the annulment of the
fund old certificate
 If fund is not sufficient, National Treasurer is
authorized to make up for deficiency from 4. AMENDMENT AND ALTERATION OF
other funds available to Treasury even if not CERTIFICATE OF TITLE
appropriated  A certificate of title cannot be altered,
amended except in direct proceeding in
WHERE AND WHEN TO FILE ACTION AGAINST court; summary proceeding
ASSURANCE FUND:
1. Any court of competent jurisdiction: RTC in  Entries in registration books are not
city where property lies or resident of plaintiff allowed to be altered except by order of
2. Action prescribes in 6 years from time court
plaintiff actually suffered loss  Grounds:
3. If plaintiff is minor, insane or imprisoned, he  Petition to court for the issuance of
has additional 2QuicykeTimaer™s andaafter
new
disability is removed toare nfeieldeed to saece
tthiios pnicture.notwithstanding expiration of
regular period
PETITIONS AND MOTIONS AFTER ORIGINAL

REGISTRATION:
1. LOST DUPLICATE CERTIFICATE
 Sworn statement that certificate is lost to
be filed by person in interest with ROD
1. New interest that does not appear on 4. Name of person on certificate has been
the instrument have been created
changed
2. Interest have been terminated or
5. Registered owner has married
ceased
6. Marriage has terminated
3. Omission or error was made in
7. Corporation which owner registered
entering certificate
land has dissolved and has not d. Authenticated copy of the decree
conveyed the property within 3 years of registration or patent, as the
after its dissolution case may be, which was the basis
8. What corrections are permitted in title of the certificate of title,
(which does not include lands included e. Deed of mortgage, lease, or
in original; technical description as long encumbrance containing
as original decree of registration will description of property covered by
not be reopened and rights or interest the certificate of title and on file
of persons not impaired; old survey with the ROD, or an authenticated
was incorrect; substitution of name of copy thereof indicating that its
registered owner) original had been registered
f. Any other document which, in the
a. Alterations which do not impair rights and judgment of the court, is sufficient
b. Alterations which impair rights: with consent and proper basis for reconstitution.
of all parties 2. FOR TCT
c. Alterations to correct obvious mistakes a. Same as sources a, b, and c for
reconstitution of OCT
5. RECONSTITUTION OF ORIGINAL b. Deed of transfer or other document
CERTIFICATE OF TITLE containing description of property
 The restoration of the instrument which is covered by TCT and on file with
supposed to have been lost or destroyed in the ROD, or an authenticated copy
its original form and condition, under the thereof indicating its original had
custody of ROD been registered and pursuant to
 Purpose: to have the same reproduced, which the lost or destroyed
after proper proceedings in the same form certificate of title was issued
they were when the loss or destruction c. Same as sources (e) and (f) for
occurred (Heirs of Pedro Pinote v. Dulay, reconstitution of OCT
187 SCRA 12 [1990]) b. Administrative
 As consequence of war, the records have  May be availed of only in case of:
been destroyed 1. Substantial loss or destruction
 When reconstituted, the new title have the of the original land titles due to
same validity as old title fire, flood, or other force
 Kinds: majeure as determined by the
a. Judicial Administrator of the LRA
 File a petition with the RTC 2. The number of certificates of
 To be published in OG for 2 title lost or damaged should be
consecutive issues and on main at least 10% of the total
entrance of municipality for at least number in the possession of
30 days before hearing the Office of the ROD
 In rem proceedings 3. In no case shall the number of
 Court is to order reconstitution if it certificates of title lost or
damaged be less than 500,
deemed fit; and issue an order to
and
ROD
4. Petitioner must have the
 The lack of essential data is fatal
duplicate copy of the certificate
SOURCES OF JUDICIAL of title (RA 6732)
RECONS TTIFIFT(UUncTomIpOresNse
dO) deFcomTpIrTesLsor NOTES:
E
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1. a re nee d e d t o se e th is p ic tur e . b. Co-owner’s, mortgagee’s or

FOR O C T ( i n t h is o r d e r ) :
a. Owner’s duplicate of the certificate
of title
 The law provides for retroactive immediately preceding 1989
application thereof to cases 15 years  When the duplicate title of the landowner is lost,
lessee’s duplicate of said the proper petition is not reconstitution of title, but
certificate one filed with the court for issuance of new title in
c. Certified copy of such certificate, lieu of the lost copy
previously issued by the ROD
SOURCES FOR ADMINISTRATIVE reconstitution is issued without any previous

RECONSTITUTION: publication as required by law, such order of
a. Owner’s duplicate of the certificate of title reconstitution is null and void. Even the publication of
b. Co-owner’s, mortgagee’s, or lessee’s the notice of hearing in a newspaper of general
duplicate of said certificate circulation like the Manila Daily Bulletin, is not a
substantial compliance with the law because Section
CONTENTS OF PETITION 13 specifies OG and does not provide for any
1. That the owner’s duplicate of the certificate alternative medium or manner of publication.
of title had been lost or destroyed
ad Company v. Moya, 2. 215
That no (1984)
Phil. 593 co-owner’s, mortgagor’s, or
lessee’s duplicate
e actually sent or delivered to parties affectedhad
by been issuedfor reconstitution. The order of reconstitution, therefore, having been issued without com
the petition
3. The location, area and boundaries of the
property
4. The nature and description of the buildings
or improvements, if any, which do not
belong to the owner of the land, and the
names and addresses of the owners of
such buildings or improvements
5. The names and addresses of the (a)
occupants
nder RA 26 to the occupants or persons
of the property, in possession
owners of the
of the adjoining properties, and all persons who may have any interest in the property is not requir
property, (b) of the owners of the adjoining
properties and (c) of all persons who may
have any interest in the property
6. A detailed description of the encumbrance,
if any, affecting the property
7. A statement that no deeds or other
instruments affecting the property have
been presented for registration, or, if there
be any, the registration thereof has not
been accomplished, as yet
escription of thePUBLICATION,
lot does not overlap previously
MAILING AND plotted properties.
POSTING IN Without serving notices of the petition to adjoining owners, the RTC then granted th
PETITIONS FOR RECONSTITUTION OF TITLE:
 Notice thereof shall be published twice in
successive issues of the OG
 Must be posted on the main entrance of the
provincial building and of the municipal
building of the municipality or city where the
land is situated
 To be sent by registered mail or otherwise, at
the expense of the petitioner, to every person
named in said notice
 This should be done at least 30 days prior to
the date of hearing.
MWSS v. Sison, 124 SCRA 394 (1983)

TheQuickTime™ and a
publication of tThIFe F (Uncompressed)
petitiondecompressor
in 2 successive issues
s in the main entrance of the provincial and municipal buildings where the property lies at least 30 days prior to the date of the hearing, as p
Page 295 of
No. The source of the petition for reconstitution in confirming the sale, and that TCT No. 8502 was
the case at bar was petitioner’s duplicate copies of never lost.
the TCTs. As a general rule, Sections 9 and 10 of
RA 26 will apply and not Sections 12 and 13. The Zaldivars, on the other hand, claimed that Aurelio
bought the property from Dalman who, in turn,
Section 9 and 10 or RA 26 require that 30 days bought the same from Gil in 1951. Gil allegedly
before the hearing, (1) a notice be published in 2 purchased the property from Remegia, the sale of
successive issues of the OG at the expense of which was evidenced by the joint affidavit of
the petitioner, and (2) such notice be posted at confirmation of sale that Remegia and her uncle
the main entrances of the provincial building and purportedly executed before the notary public in
of the municipal hall where the property is 1965. Aurelio then filed a petition for the issuance of
located. The notice shall state the following: (1) a new owner’s duplicate copy of TCT No. T-8502
the number of the certificate of title, (2) the name because when they asked Remegia about it, she
of the registered owner, (3) the names of the claimed it had been lost. A petition for partial
interested parties appearing in the reconstituted cancellation of the said TCT was granted and TCT
certificate of title, (4) the location of the property, No. 17993 was issued in Aurelio’s name. They also
and (5) the date on which all persons having an allege that they and their predecessors-in-interest
interest in the property must appear and file such have been occupying the said property since 1947,
claims as they may have. openly, publicly, adversely, and continuously or for 41
years already.
In petitions for reconstitution where the source is the
owner’s duplicate copy, notices to adjoining owners ISSUE:
and to actual occupants of the land are not required. Who is the real owner of the subject lot?
But Puzon is not applicable here. There is no report
from a pertinent government agency challenging the HELD:
authenticity of the duplicate certificates of title Remegia is the real owner.
presented in Puzon. The trial court correctly held that the CFI which
granted Aurelio’s petition for issuance of new
Sections 12 and 13 of RA 26 must apply because owner’s duplicate copy of TCT No. 8502 did not
the owner’s duplicate is claimed by the LRA to be acquire jurisdiction. It has been consistently held
spurious. The failure to meet any of the that when the owner’s duplicate certificate of title
necessary publication, notice of hearing and has not been lost, but is in fact in the possession
mailing requirements did not vest jurisdiction of of another person, then the reconstituted
the case to the court. Thus, the judgment certificate is void, because the court that
rendered by the RTC is void and will never rendered the decision had no jurisdiction.
become binding or final as it is a nullity right Consequently, the issuance of TCT No. 17993 is
from the very start. It may be challenged at any also void, emanating as it did from the void TCT
time. No. 8502 in Aurelio’s name. The indefeasibility of
Feliciano v. Spouses Zaldivar, GR No. 162593. a Torrens title does not apply where fraud
September 26, 2006 attended the issuance of the title, such as when it
was based on void documents.
FACTS: 6. REGISTRATION OF
Remigia Feliciano filed a complaint against the TRANSACTION EVIDENCED BY
spouses Zaldivar for the declaration of nullity of TCT LOST DOCUMENT
No. T-17993 and reconveyance of the property  ROD is forbidden to effect registration of
covered therein. The said title is registered in the lost or destroyed documents
 Steps by interested parties:
1. covered
Remigia alleged that she was the registered owner of a lot, part of which is that Procurebyan authenticated
the copy
above TCT, and withofTCT
lostNo. 8502. It was
or destroyed instrument
2. Secure an order from court
OFFENSES IN LAND REGISTRATION:

1. Larceny
2. Perjury: false statement under oath
3. Fraudulent procurement of certificate
Page 296 of
4. Forgery
Page 297 of
a. Forging of seal in ROD, name, signature or

handwriting of any officer of court of ROD
b. Fraudulent stamping or assistance in
stamping
c. Forging of handwriting, signature of
persons authorized to sign
d. Use of any document which an impression
of the seal of the ROD is forged
5. Fraudulent sale: sale of mortgaged property
under the misrepresentation that it is not
encumbered; deceitful disposition of property
as free from encumbrance
SYSTEM OF REGISTRATION FOR

UNREGISTERED LANDS
 System of registration for unregistered land

under the Torrens System (Act 3344)
 Before: covers voluntary dealings
 Now: it includes involuntary dealings
 Effect: if prospective, it binds 3 rd persons after
registration but yields to better rights of 3 rd
person prior to registration (limited effect to 3 rd
parties)
 Reason: no strict investigation involved
 Subsequent dealings are also valid if recorded
 ROD keeps day book and a register, and an
index system is also kept
 Procedure:
1. Presentment of instrument dealing in
unregistered land
2. If found in order, register
3. If found defective, then registration is
refused writing his reason for refusal
QuickTime™ and a
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ATENEO CENTRAL BAR OPERATIONS 2007

CONCEPT OF TORRENS SYSTEM

notorious possession 6. Involuntary  No consent from the owner

Bureau of Forestry v. CA, 153 SCRA 351 (1987)

ORIGINAL REGISTRATION UNDER PD 1529 is a

KINDS OF JUDICIAL REGISTRATION:

PROCEDURE IN ORDINARY LAND

NOTE: All these persons must be natural-born CONTENTS OF APPLICATION

may require the filing of additional papers

for registration when it appears to the court that the

considered in 1976 did so on time, even if such application was

GENERAL DEFAULT SPECIAL DEFAULT LIMITATION TO AREA APPLIED FOR:

NOTE: A private corporation may institute

 As long as the land is already considered as

for value FACTS:

as it emanated from the new owner’s duplicate

created by law and applicable to unregistered land been executed even

innocent purchaser (Fule v. Legare, 7 SCRA (public instrument)

REGISTRATION OF LEASE of the plaintiff

upon proper certificate of title as adverse

 In personam (all persons interested shall

LIS PENDENS HAS NO APPLICATION TO THE

 The objective of the proceeding is the Purpose Petitioner Government

actioarne neiseded to see  It is not subject to acquisitive prescription

SALES Citizens of • to have at least resided therein

instrument or deed is written. If illiterate, must REMEDIES AVAILABLE TO AGGRIEVED PARTY

the State as to how the title has been acquired, if the

PETITIONS AND MOTIONS AFTER ORIGINAL

1. a re nee d e d t o se e th is p ic tur e . b. Co-owner’s, mortgagee’s or

SOURCES FOR ADMINISTRATIVE reconstitution is issued without any previous

MWSS v. Sison, 124 SCRA 394 (1983)

OFFENSES IN LAND REGISTRATION:

a. Forging of seal in ROD, name, signature or

SYSTEM OF REGISTRATION FOR

 System of registration for unregistered land

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