For your information, the case of Luz Nicolas v. Leonora Mariano (G.R. No.

201070, August 1, 2016), touched on the differentiation of the legal meaning

of Title and Certificate of Title. In this case, the Honorable Supreme Court

Associate Justice Mariano del Castillo said:

“By title, the law refers to ownership which is represented by that document.

Petitioner apparently confuses certificate with title. Placing a parcel of land

under the mantle of the Torrens system does not mean that ownership thereof

can no longer be disputed. Ownership is different from a certificate of title.

The TCT is only the best proof of ownership of a piece of land. Besides, the

certificate cannot always be considered as conclusive evidence of

ownership.”(Emphasis supplied, citing Lee Tek Sheng v. CA. 354, Phil. 556

[1998])

For emphasis, the Honorable Supreme Court Associate Justice del Castillo
further stated:

“Torrens system of land registration ‘merely confirms ownership and does

not create it. It cannot be used to divest lawful owners of their title for the

purpose of transferring it to another one who has not acquired it by any of the

modes allowed or recognized by law.’” (Emphasis supplied, citing Peralta v.

Heirs of Abalon, G.R. Nos. 83448/183464, 30 June 2014)

Similarly, in the case of Dinah Castillo v. Antonio Escutin (G.R. No. 171056,

12 March 2009), the former associate justice of the Supreme Court, the

Honorable Minita Chico-Nazario, emphasized that “Title” may be defined

briefly as that which constitutes a just cause of exclusive possession, or

which is the foundation of ownership of property. “Certificate of Title,” on

the other hand, is a mere evidence of ownership; it is not the title to the land

itself.

Hence, even if the TCT of a property is named after a certain person, the true

ownership of the same may have already been vested to another through the

execution of a certain deed (like: deed of sale, deed of donation, etc.), which

necessarily gives the title. Considering this, it would be best for you to first

check on the appropriate Registry of Deeds, whether the said property had

already been transferred to another person and/or an annotation regarding any

transaction/proceeding involving the said property is being undertaken, for

your security.

It is worthy to mention that issuance of title does not vest ownership of a

parcel of land but only shows or evidences who the owner/s of the land is/are.

In the case of Heirs of Clemente Ermac vs. Heirs of Vicente Ermac (G.R. No.

149679, May 30, 2003), the Supreme Court pronounced the following:
Ownership should not be confused with a certificate of title. Registering land under the Torrens
System does not create or vest title, because registration is not a mode of acquiring ownership. A
certificate of title is merely an evidence of ownership or title over the particular property described
therein. (HEIRS OF CLEMENTE ERMAC, namely: IRENEA E. SENO, LIBRADA E. MALINAO, INES
E. MIÑOZA, SOLEDAD E. CENIZA, RODULFO ERMAC and AMELITA E. BASUBAS, vs. HEIRS OF
VICENTE ERMAC, namely: BENJAMIN, VIRGINIA, PRECIOSA, DANILO, as HEIRS OF URBANO
ADOLFO; BERNARDINO, CLIMACO, CESAR, ELSA, FLORAME and FE, all surnamed ERMAC, as
HEIRS OF CLIMACO ERMAC, ESTELITA ERMAC, ESTANESLAO DIONSON, VICENTE
DIONSON, EUFEMIA LIGARAY, EMIGDIO BUSTILLO and LIZA PARAJELE, LUISA DEL
CASTILLO, G.R. No. 149679, May 30, 2003.)

REQUISITES FOR FILING OF APPLICATION

1. That the property in question is alienable and disposable land of the public domain

2. That the applicants, by themselves or through their predecessorsin-interest have

been in open, continuous, exclusive, and notorious possession and occupation

3. That such possession is under bona fide claim of ownership since June 12, 1945 or
earlier

WHO MAY APPLY

Section 14 of PD1529 enumerates the persons who may apply for registration, whether
personally or through their duly authorized representatives, to wit:

1. Those who by themselves or through their predecessors-ininterest have been in

open, continuous, exclusive, and notorious possession and occupation of alienable and
disposable lands of the public domain under a bona fide claim of ownership since June
12, 1945 or earlier;

2. Those who have acquired ownership of private lands by prescription under the
provision of existing laws.

3. Those who have acquired ownership of private lands or abandoned river beds by
right of accession or accretion under the existing laws.

4. Those who have acquired ownership of land in any other manner provided for by law.

> Where the land is owned in common, all the co-owners shall file the application jointly.
> Where the land has been sold under pacto de retro, the vendor a retro may file an
application for the original registration of the land, provided, however, that should the
period for redemption expire during the pendency of the registration proceedings and
ownership to the property consolidated in the vendee a retro, the latter shall be
substituted for the applicant and may continue the proceedings.

> A trustee on behalf of his principal may apply for original registration of any land held
in trust by him, unless prohibited by the instrument creating the trust.

CO-OWNERS SHALL FILE APPLICATION JOINTLY

> Since a co-owner cannot be considered a true owner of a specific portion until division
or partition is effected, he cannot file an application for registration of the whole without
joining the co-owners as applicants

VENDEE A RETRO MAY FILE AN APPLICATION IN HIS

NAME
> A sale pacto de recto transfers the legal title to the vendee and the vendee is
subrogated to all the rights and actions of the vendor, subject to the latter’s right to
redemption

> Vendee a retro has therefore a registrable title thereo which may be the subject of
initial registration