Module 1: Goals

1. Read lectures, journal articles and/or view videos for each individual page in sequence.
2. Post initial Module 1 Discussion.
3. Post a reply to at least one student in the Module 1 Discussion
4. Take the Module 1 Quiz.

Module 1: Objectives

1. To identify the context and the reasons for the passage of PD 1529 (1978 Property Registration Decree).
2. To understand the concept of jura regalia as the underlying basis of private property ownership.
3. To understand the nature of registration proceedings.
4. To identify the principles underlying the Torrens system.
5. To identify the courts that have exclusive and/or delegated jurisdiction in ordinary registration proceedings.
6. To identify and understand the functions of the government agencies that are tasked to execute the laws relative to land registration.

Module 1: Mandatory Reading

Module 1/Week 1. August 17-21, 2020 Text Book Reference Chapter No./Pages
Property Registration Decree & Related Laws (Land
Chapters 1 and 2, pp. 1-55
Titles and Deeds), Oswaldo D. Agcaoili, 2018 Ed.

PD 1529: An Overview
Study Guide:
1. What are the important highlights of PD 1529? 
 
2. Other than PD 1529, were there previous legislation governing the acquisition of private lands or lands of the public domain leading to their
registration under the Torrens system
 
PD 1529 superseded all the other laws relative to the registration of property. (Read: Director of Lands vs. Santiago, GR No. L-41278, 15 April 1988)
 
 
 

Jura Regalia
The Regalian Doctrine
1. The Historical Development of the Regalian Doctrine in the Philippine Legal System

 Read: Separate Opinion of Justice Puno in Cruz vs. DENR Secretary, GR No. 135385, 6 December 2000 (Links to an external site.)

2. Basis & Nature

 Read and Memorize: Sec. 2, Article XII, 1987 Philippine Constitution

 Read: Republic v. Cortez, G.R. No. 197472,  7 September 2015

3. Classification of Lands

 Read: Sec. 3, Article XII, 1987 Constitution.

4.  Effect of the Regalian Doctrine: All lands of the public domain belong to the State. Property of the public domain is beyond the commerce of man
and not susceptible of private appropriation and acquisitive prescription.

 Read: Republic v. Heirs of Lachica-Sin, GR No. 157485, 26 March 2014.

 Optional: Watch this:
https://www.youtube.com/watch?v=t_PBtNBOWSM

Jura Regalia and Native Title

Regalian Doctrine and Native Title
1. The Regalian doctrine does not negate native title.

 Read: Indigenous Peoples' Rights Act 1997, RA 8371, 29 October 1997  (Links to an external site.)
 Read:  Introducing IPRA.Article.pdf
 Watch:
 IPRA LAW: Fast Facts 

 Ancestral lands and ancestral domains are not deemed part of the lands of the public domain but are private lands belonging to indigenous
cultural communities or indigenous peoples (ICC’s/IP’s) who have actually occupied, possessed and utilized their territories under claims of
ownership, based on NATIVE TITLE, since TIME IMMEMORIAL. The rights of the ICC/IP’s may be acquired in 2 modes: (a) by NATIVE TITLE
over both ancestral lands and domains; or (b) by TORRENS TITLE under the Public Land Act and Property Registration Decree with respect to
ancestral lands only. (RA 8371)
 The State recognized the indigenous concept of ownership even without a paper title and that the CADT is merely a formal recognition of
native title. Read: Lim v. Gamosa, GR No. 193964, 2 December 2015.

2. Basis of Native Title

 An Igorot applicant was granted land registration over a parcel of land held by him and his ancestors for more than fifty-(50) years prior to the
effectivity of the Treaty of Paris on April 11, 1899. Justice Oliver Wendell Holmes stated: “xxx when, as far back as testimony or memory goes,
the land has been held by individuals under a claim of private ownership, it will be presumed to have been held in the same way from before the
Spanish conquest, and never to have been public land. Read: Carino vs. Insular Government, 41 Phil 935 (1909) also reported in 212 U.S. 449,
53 L. Ed. 594.
 Private land titles existed irrespective of any royal grant. Read: (1) Cruz vs. DENR Sec., GR No. 135385, 6 December 2000, (dissenting,
separate and concurring opinions); (2) History of public land disposition. READ: Secretary of the DENR vs. Yap, G.R. No. 167707, 8 October
2008

Nature of Registration Proceedings

Land Registration, in general
1. Essence of Land Registration

 Read: Ching vs. Malaya, 153 SCRA 412

2. Nature

 Land registration is a proceeding in rem.

o Read: Section 2, PD 1529
 Read: Alba vs. Dela Cruz, GR No. L-5246, 16 September 2010

3. Purpose of Registration:

 Read: Legarda v. Saleeby, GR No. 8936, 2 October 1915.

 REGISTRATION IS NOT A MODE OF ACQUIRING OWNERSHIP.
o Read: Vagilidad v. Vagilidad, GR No. 16136, 16 November 2006.

4. The Torrens System

 Overview of the Torrens system (Links to an external site.)

5. Distinguish “title” from a "certificate of title."

 Read: Castillo v. Escutin, GR No. 171056, 13 March 2009, 581 SCRA 258
 What is a certificate of title?
 Watch these videos to get an idea of what a certificate of title is.
o  Manual  Titles

o Genuine vs. Fake Certificate of Title:  (Links to an external site.)

o E-titles

 E-titles (Links to an external site.)

Jurisdiction of Courts
 
1. Which court has competent jurisdiction to hear land registration cases?

 Regional Trial Courts have plenary jurisdiction over land registration proceedings and over all petitions filed after original registration of titles. Read: Sec. 2,
par. 2, PD 1529

 
2. What is the scope of the jurisdiction of the RTCs acting as land registration courts?

  The Regional Trial Court, acting as a Land Registration Court now has authority to act not only on applications for original registration but also on all
petitions filed after the original registration of title. Coupled with this authority is the power to hear and determine all questions arising upon such applications or
petitions. READ: Talusan v. Tayag, GR No. 133698, 4 April 2001
 To avoid multiplicity of suits and to promote the expeditious resolution of cases, PD 1529 eliminated the distinction between the general jurisdiction vested
in the RTC and the latter’s limited jurisdiction when acting merely as a land registration court. When the law confers jurisdiction upon a court, the latter is
deemed to have all the necessary powers to exercise such jurisdiction to make it effective. Land registration courts as such can now hear and decide even
controversial and contentious issues, as well as those substantial ones which may be involved in a petition for cancellation of adverse claims. READ: SM
Prime Holdings v. Madayag, GR No. 164687, 12 February 2009.
 All petitions or motions after original registration shall be filed and entitled in the original case in which the decree of registration was entered. READ: Sec.
8, PD 1529
 The RTC has jurisdiction over “all civil actions which involve the title to or possession of real property or any interest therein xxx”. READ Section 19, BP Blg
129.

 
3. May land registration cases be delegated to the first level courts?

 First Level Courts may be delegated to hear and decide cadastral and land registration cases covering (i) lots without controversy or opposition or (ii)
contested lots where the value does not exceed P100,000.00. Read: Section 34, BP Blg 129, as amended by RA 7691 and SC Circular No. 6-93-A,
 Designated Jurisdiction of First Level Courts to Hear and Determine Cadastral and Land Registration Cases; SC Adm. Circular No. 7-96: Strict Observance of
Land Registration Authority (LRA) Circulars on Reconstitution and Land Registration Cases.

 
 
4. Does the Court of Appeals and the Land Registration Authority have jurisdiction to cancel a certificate of title. READ: Manotok vs. Barque, GR No.
162335, 18 December 2008.
 
5. What is the duty of the clerks of court in land registration cases? READ: Sec. 2, 2nd par., 2nd sentence, PD 1529.

History of the LRA

https://www.lra.gov.ph/
The Register of Deeds
Study Guide
The Office of the Register of Deeds (Read: Sections 7, 8, 9 & 10, PD 1529)
1. Differentiate the following:

 Register of Deeds.
 Registry of Deeds.
 Registrar of Deeds.

2. What is the primary function of the Office of the Register of Deeds?

Read:

 Aboitiz vs Po, GR No. 208450, 5 June 2017 (Links to an external site.)

3.  What is the nature of the registration?

 Baranda vs. Gustilo, GR No. 81153, 26 September 1988

 Office of the Ombudsman vs. Manalastas, GR No. 208264, 27 July 2016

4. What are the instances when the Register of Deeds may deny registration?

 Domingo vs Reed, GR No. 157701, 9 December 2005

 De la Pena vs Avila, GR No. 1874900, 8 February 2012
 Balbin vs Register of Deeds, GR No. L-20611, 8 May 1969
 Castillo vs Escutin, GR No. 171056, 13 March 2009

5. What is the remedy of the Register of Deeds if doubts arise as to the registrability of an instrument or deed?

 Read: Section 10 and 117, PD 1529

OPTIONAL:Overview of the the LRA and other government agencies involved in land titling  (Links to an external site.)