LTD Once decreed, since it is an in rem proceeding, it binds the

whole world regardless of the person/s, even the state. (10)

I (A). Registration under the Torrens system is a proceeding in rem.
I (B). Registration is not a mode of acquiring ownership. It does not
When a proceeding bars all persons indifferently, or when it
create a title nor vest one. It simply confirms, records, and puts into
allows everyone to object to the rights sought to be established, it is
existence the rights which are already existing prior to the
proceeding in rem. Simply, it is enforceable against the whole
registration.
world.
According to Art. 712 of the civil code, the following are the
In a proceeding in rem, it binds all persons in it, whether
modes of acquiring ownership:
known or unknown, and even the state itself.
1. Occupation
Proceeding in rem requires the constructive seizure of the
2. Law
land sought to be registered. In order for this to take place, the
3. Intellectual creation
following requirements must concur: first, is through Publication,
4. Succession
Second, through Mailing, and third, is through posting. The purpose
5. Prescription
of these three is to confer jurisdiction upon the court, and to
6. Tradition
apprise the whole world regarding the agricultural land which is
subject of application in order to determine if there are interest or From the aforementioned provision, registration is not one of
oppositions in it. those which are enumerated. Instead, registration takes place when
one of the said modes of acquiring ownership are already utilized.
Publication shall be done in the official Gazette, and one
newspaper of general circulation in the Philippines both Moreover, registration does not give the owner a better right. It
requirements are mandatory. simply protects the rights of the owner from being diminished,
amended, restricted, or enlarged.
Next to the publication of the notice of initial hearing is the
mailing. The notice of Initial Hearing shall be mailed to all persons Furthermore, registration allows the owner to acquire his
named in the notice, whose addresses are known and to the other indefeasible and conclusive title to it. It acknowledges and confirms
concerned officials. This requirement is also mandatory. the rights which are already created and vested.

Lasty, is through posting, the notice of the initial hearing Then again, registration is not a mode of acquiring ownership. It
shall be posted to the conspicuous place where the land lies, as well is simply a procedure to establish proof of one’s claim of ownership.
as to the conspicuous bulleting board of the municipality or city (20)
where the land is located.
 II. The case at hand is substantially similar to a case decided by
the supreme court. This is the case of Mendoza v CA, penned by
justice Santos. Applying the principle of Stare Decisis, I will base my
ruling from the decision of this case.
The Court was wrong in setting aside its decision holding that
indeed it did not have jurisdiction to the land. The court committed
an error in this regard. The court should render decision ordering
registration in favor of jose.
There is nothing in sec. 22 of P.D No. 1529, otherwise knows as
the Property Registration Decree which requires that in case of a
sale of a portion of land, the buyer must be made a party to the
case. It is not even required that the application for registration be
amended by the substituting the buyer for the applicant.
Furthermore, it is not also required that the buyer must establish
that he is qualified to register the land sold in his name.
Instead, what is merely required are the following: First, it is
required that the instrument evidencing the transaction be
submitted by the buyer to the court for its consideration; Second, it
is required that the buyer must notify the concerned parties
regarding the said transaction
As to the issue of the non-payment of the full purchase price
the remedy of Pedro is to enforce the obligation in a separate action
and in a civil court, and not to set aside the court’s decision ordering
registration in favor of Jose.
Thus, and then again, the court erred in holding that it did not
have jurisdiction to the land. (20)
III. Laws, as time goes by, are even subject to changes,
developments, improvements, and adjustments. It is also due to the
fact that the demands of the society, our country, and the whole
world evolve. Thus, phenomena in the legal profession such as the
enactment of a new law and amendment of an existing or prevailing
law are inevitable.
The enactment of P.D. No. 1529 and the amendatory P.D. No.
1073 do not preclude the registration of lands, possession over
which commenced only after June 12, 1945.
Sec. 14(1) of P.D. No. 1529 explicitly provides that “those who,
by themselves or their predecessors-in-interest have been in Open,
continuous, Exclusive, Notorious Possession and Occupation of
alienable and disposable lands of the public domain since June 12,
1645 or earlier, may apply for registration.
From the cited legal provision, it is very evident that even if the
possession over the land commenced only after June 12, 1945, it
would not bar the applicant for land registration, so long as his
predecessors-in-interest have established the given requirement.
Vested rights takes a vital aspect in this case. Vested rights is
the right, claim, or interest in a property which has become fixed in
such a manner that I will no longer be open to any controversy.
As held in the case of Republic v Iglesia ni Cristo, INC is
disqualified to apply for land registration because it was
satisfactorily established that the buyer’s predecessors-in-interest
have met the needed requirement under sec. 14(1) of the land
registration decree. That is, the open, continuous, exclusive,
notorious, possession and occupation of alienable and disposable
lands of the public domain since June 12, 1845, or earlier. (10)
IV. It has long been held that all lands and natural resources belong
to the state. This is pursuant to the jura regalia or the Regalian
doctrine of the 1987 Constitution.
 Moreover, the 1987 Constitution has given some MCQ
requirements and qualifications as to the capacity to acquire said
1. C
lands. Here, the citizenship aspect plays a vital role.
2.
Art. XII, Sec. 8 of the 1987 Constitution explicitly provides 3. B
that “notwithstanding the provisions of section 7 of this article, a 4. D
natural-born citizen of the Philippines who has lost his Philippine 5. B
citizenship may be a transferee of private lands, subject to 6. C
limitations provided by law. 7. D
8. A
First to note is that pursuant to Sec. 7 of Art XII of the
9.
Constitution, the capacity to acquire private lands depends upon
10. B
the capacity of individuals, corporations, and associations in holding
11. C
and acquiring public lands on agricultural lands.
12. A
Second thing to note is that only Filipino citizens are 13.
allowed to hold and acquire agricultural lands. Aliens are prohibited 14. B
from acquiring and holding the said lands, save the exceptions of 15. C
hereditary succession, and through leasing residential lands. 16.
17. A
Once a natural born Filipino citizen undergoes the process 18. B
of naturalization, he will now be considered as an alien and in turn 19. D
be divested of some political and civil rights, one being the capacity 20. B
to hold lands, particularly agricultural lands. But still, the law has
given accord to naturalized citizens to be still entitled in becoming a
transferee of private lands.

If these naturalized citizens of a foreign country have shown

positive acts, particularly the act of taking the oath of allegiance to
the Republic of the Philippines, then their status of Philippine
citizenship will be regained.

As a result of this, they will be allowed to acquire lands once

again. (10)