Professional Documents
Culture Documents
Land Title – evidence of right of owner or extent of his interest, by which means he can maintain
control and as a rule assert right to exclusive possession and enjoyment of property.
Deed – instrument in writing which any real estate or interest therein is created, alienated,
mortgaged or assigned or by which title to any real estate may be affected in law or equity.
1. Grantor
2. Grantee
3. Words of grant
4. Description of property
5. Signature of grantor
6. Witnesses
Types of estates:
a. Estate for years – lease for a period agreed upon, lessor retains ownership of land
b. Tenancy from period to period – lease running from month to month or year to year with
automatic renewal
c. Tenancy at will – person is permitted to occupy land of another without stipulation as to period
b. Enter in order of reception all deeds & voluntary instruments, write & processes re land -Year,
month, day, time, minute of reception of instrument; Registered from time of entry
e. Documents are numbered & indexed & indorsed with reference to certificate of title– public
records
CHAPTER 9: REAL ESTATE MORTGAGE
Real Estate Mortgage – real property/real rights secures fulfillment of an obligation
Kinds:
1. Conventional – agreed upon by parties
2. Legal – Created by operation of law
3. Judicial – results from a judgment
4. Equitable – pacto de retro in form but mortgage in essence
Essential Requisites:
1. Constituted to secure fulfillment of principal obligation
2. Mortgagor be absolute owner of thing mortgaged
3. Person constituting mortgage has free disposal of property
Special Characteristics:
1. Subject matter is realty
2. Real right – attaches to property wherever it is & whoever holds it
3. Accessory – presupposes existence of valid principal obligation; cannot stand alone
4. Indivisibility – even if debt is divisible; mortgage is not
5. Inseparability – mortgage lien is inseparable from property
6. Retention of possession – mortgagor retains possession
Pacto de Retro – Equitable Mortgage
1. Price of sale with right to repurchase is usually inadequate
2. Vendor remains in possession as lessee or otherwise
3. Upon or after expiration of right to repurchase, another instrument extending period /granting
new period is executed
4. Purchaser retains a part of the purchase price
5. Vendor binds himself to pay taxes on thing sold
6. Real intention of parties is that transaction shall secure payment of debt or fulfillment of other
obligation
Real Mortgage Chattel Mortgage
1. JUDICIAL
Prescribes in 10 years
If acknowledged in written form – becomes express trust – prescribes upon repudiation
Before: included in definition of agriculture, conversion of agricultural land to fishponds does not
change character of land
Now: restricted meaning; fishponds has distinct category; cannot be alienated but may be leased
from government.
Director of Lands
Quasi-judicial officer
Findings of fact conclusive on higher court with absence of fraud, mistake other than error of
judgment; but not with regards to finding of law
Empowered to alienate and dispose lands
Modes of Alienating Public Lands:
1. Homestead settlement
2. Sale
3. Confirmation of imperfect or incomplete title
4. Judicial legalization
5. Administrative legalization
Lease not included since lease does not transfer ownership; free-title grant: free distribution of
public lands to encourage people to cultivate; government furnishes the applicant with tolls plus
cash allowance to enable him to cultivate
Confirmation of Imperfect Title:
1. Last extension granted by Government was until December 31, 1987
2. Right made available to person qualified to acquire alienable and disposable public land thru
open, continuous, exclusive, notorious (OCEN) possession under bonafide claim of ownership
since June 12, 1945.
3. Prior to transfer of sovereignty from Spain to US, have applied for purchase but did not receive
title, without default on their part provided they have occupied since their application
4. In OCEN possession since June 12, 1945 or earlier
5. Members of cultural minorities in OCEN who has claim of ownership for at least 30 years
Max Land that can be Applied: 144 hectares
In case of foreigner, sufficient that he is already Filipino citizen at the time of his application
Corporation who has less 60% Filipino ownership cannot apply confirmation of imperfect title;
can only lease
Persons Competent to Question Land Grant
Persons who obtained title from State or thru persons who obtained title from State
PATENT
When is Government Grant Deemed Acquired by Operation of Law:
1. Deed of conveyance issued by government patent/grant
2. Registered with Register of Deeds – mandatory: operative act to convey & transfer title
3. Actual physical possession, open & continuous
Land ceased to be part of public domain & now ownership vests to the grantee
Any further grant by Government on same land is null & void
Upon registration, title is indefeasible
Title Issued Pursuant to Registration of Patent
1. Indefeasible – when registered, deemed incorporated with Torrens system; 1 year after
issuance of patent
2. May not be opened one year after entry by Land Registration Authority; otherwise, confusion,
uncertainty & confusion on government system, of distribution of public lands may arise & this
must be avoided
Except: annullable on ground of fraud, may be reopened even after 1 year because registration
does not shield bad faith
Court in exercise of equity jurisdiction may direct reconveyance even without ordering
cancellation of title
Aim of Homestead Patent:
Benevolent intention of government to distribute disposable agricultural land to destitute
citizens for their home and cultivation
As a matter of public policy, may be repurchased even if after 5 years provided not for profit
Right of repurchase not allowed if sold within family & not for cultivating or living but for
speculation purpose
Restrictions:
1. Cannot be alienated within 5 years after approval of application for patent
2. Cannot be liable for satisfaction of debt within 5 years after approval of patent application
3. Subject to repurchase of heirs within 5 years after alienation when allowed already
4. No corporation, partnership, association may acquire unless solely for commercial, industrial,
educational, religious or charitable purpose or right of way subject to consent of grantee &
approval of Secretary of Natural resources
Exceptions:
1. Action for partition because it is not a conveyance
2. Alienations or encumbrances made in favor of the government
Erred Homesteader not Bared by Pari Delicto
Pari delicto rule does not apply in void contract
Violation of prohibition results in void contract
Action to recover does not prescribe
Homesteader
If he dies, succeeded by heirs in the application
Legal Restriction in Disposition by Non-Christians (Cultural MINORITIES)
Conveyance is valid if able to read and can understand language where deed is written
Otherwise, not valid unless approved by Commission on National Integration
Safeguard is to protect them against fraud/deceit
Party
Initiating Government Private Individual