Land Titles and Deeds 1.

RECONSIDERATION
2. APPEAL
HISTORICAL BACKGROUND, BASIC CONCEPT AND 3. CANCELLATION
GENERAL PRINCIPLES 4. AMENDMENT
A. REGALIAN DOCTRINE 5. RECONSTITUTION
B. CLASSIFICATION OF LANDS 6. RECONVEYANCE
C. ORIGIN OF TORRENS SYSTEM 7. ASSURANCE FUND
D. NATURE AND GENRAL CHARACTERISTICS OF 8. CONSULTAS
TORRENS SYSTEM OF TITLING I. OTHER LAWS AND POLICIES
E. PURPOSE 1. DEALINGS WITH UNREGISTERED LANDS
F. NATURE OF THE TORRENS SYSTEM 2. CONDOMINIUM ACT
PROCEEDINGS 3. MACEDA LAW
G. KINDS OF REGISTRATION
1. ORIGINAL REGISTRATION
a. Judicial
i. Ordinary registration
ii. Cadastral registration
b. Administrative
i. Administrative Issuance of
Patents by DENR
ii. CADT/CALT, IPRA, RA 8371
iii. Emancipation patent and
Certificate of Land Ownership
Award under PD 27 and CARL,
as amended/DAR
2. SUBSEQUENT REGISTRATION
a. Voluntary Dealings
i. With Transfer of Ownership
 Sale
 Donation
 Succession
ii. Without Transfer of Ownership
 Real Estate Mortgage
 Chattel Mortgage
 Lease
b. Involuntary Dealings
i. Trust
ii. Lis Pendens
iii. Attachment
iv. Judgments
v. Orders
vi. Partition
H. PETITION AFTER REGISTRATION

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REGALIAN DOCTRINE
ART. XII, SEC. 2, 1987 CONSTITUTION
All lands of the public domain, waters,
minerals, coal, petroleum, and other mineral
oils, all forces of potential energy, fisheries,
forests or timber, wildlife, flora and fauna,
and other natural resources are owned by
the State. With the exception of agricultural
lands, all other natural resources shall not
be alienated. The exploration, development,
and utilization of natural resources shall be
under the full control and supervision of the
State. XXX
 All lands and resources belong to the State
 The foundation of the time-honored principle of
land-ownership that “all lands that were not
acquired from the government, either by
purchase or by grant, belong to the public
domain”
 Generally, under the concept of jura regalia,
private title to land must be traced to some
grant, express or implied, from the Spanish
Crown or its successors, the American Colonial
government, and thereafter, the Philippine
Republic. The belief that the Spanish Crown is
the origin of all land titles in the Philippines has
persisted because title to land must emanate
from some source for it cannot issue forth from
nowhere.
 In its broad sense, the term “jura regalia” refers
to royal rights, or those rights which the King
has by virtue of his prerogatives.
 The theory of the feudal system was that title to
all lands was originally held by the King, and
while the use of lands was granted out to others
who were permitted to hold them under certain
conditions, the King theoretically retained the
title. By fiction of law, the King was regarded as
the original proprietor of all lands, and the true
and only source of title, and from him all lands
were held. The theory of jura regalia was
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therefore nothing more than a natural fruit of
conquest.
HISTORY OF LAND OWNERSHIP IN THE PHILIPPINES
I. PRE-SPANISH CONQUEST
 Ownership of land is in the concept of
stewardship
II. SPANISH LAWS
a.) Laws of Indies
 all lands became the exclusive patrimony and
dominion of the Spanish Crown
 Private land titles could only be acquired from
the government either by purchase or by the
various modes of land grant from the Crown.
b.) Spanish Mortgage Law of 1893
 provided for the systematic registration of titles
and deeds as well as possessory claims.
 sought to register and tax lands pursuant to the
Royal Decree of 1880
c.) Maura Law of 1894
 last Spanish land law promulgated in the
Philippines
 required the “adjustment” or registration of all
agricultural lands, otherwise the lands shall
revert to the state
SPANISH TITLES ON LAND GRANTS
1. Titulo real or royal grant
2. Concession especial or special grant
3. Composicion con el estado or adjustment title
4. Titulo de compra or title by purchase
5. Informacion possessoria or possessory
information title
6. Titulo gratuito or a gratuitous title
 On February 16, 1976, PD 892 was issued
decreeing the discontinuance of the system of
registration under the Spanish Mortgage Law
and the use of Spanish titles as evidence in land
registration proceedings
 PD 1529 reiterates the discontinuance of the
system of registration under the Spanish
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 Mortgage Law—provides also that the books of
registration for unregistered lands under
Section 194 of Administrative Code, as
amended by Act 3344, shall continue to be in
force, but all instruments dealing with
unregistered lands shall henceforth be
registered under Section 113 of the Decree
III. PUBLIC LAND ACT
a.) Act No. 926 (1903)
 The first Public Land Act
 passed in pursuance of the provisions of the
Philippine Bill of 1902
 governed the disposition of lands of the public
domain
 prescribed rules and regulations for the
homesteading, selling, and leasing of portions
of the public domain of the Philippine Islands,
and prescribed the terms and conditions to
enable persons to perfect their titles to public
lands in the Islands
 also provided for the “issuance of patents to
certain native settlers upon public lands,” for
the establishment of townsites and sale of lots
therein, for the completion of imperfect titles,
and for the cancellation or confirmation of
Spanish concessions and grants in the Islands
 operated on the assumption that title to public
lands in the Philippine Islands remained in the
government; and that the government’s title to
public land sprung from the Treaty of Paris and
other subsequent treaties between Spain and
the United States
b.) Act No. 2874 (1919)
 passed under the Jones Law
 more comprehensive in scope but limited the
exploitation of agricultural lands to Filipinos and
Americans and citizens of other countries which
gave Filipinos the same privileges
c.) CA No. 141 (1936)
 approved on November 7, 1936
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 applies to lands of the public domain which
have been declared open to disposition or
concession and officially delimited and classified
 contains provisions on the different modes of
government grant, e.g., homesteads, sale, free
patents (administrative legalization), and
reservations for public and semi-public purpose
 The Public Land Act has a chapter on judicial
confirmation of imperfect or incomplete titles
based on acquisitive prescription.
CLASSIFICATION OF LAND
2 GENERAL CLASSIFICATION OF LAND ACCORDING TO
OWNERSHIP
1. PRIVATE
2. PUBLIC
ART. XII, SEC. 3, 1987 CONSTITUTION
Lands of the public domain are classified into
agricultural, forest or timber, mineral lands and
national parks. Agricultural lands of the public
domain may be further classified by law
according to the uses to which they may be
devoted. Alienable lands of the public domain
shall be limited to agricultural lands. XXX
LEGAL CLASSIFICATION OF LAND ACCORDING TO THE
CONSTITUION
1. Forest or Timber Lands
2. National Parks
 Should have declaration
3. Mineral Lands
4. Public Agricultural lands
 Only PAL can be alienated
 May be further reclassified by LGU
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 KINDS/LEVELS OF RELATION OF
PERSONS/PEOPLE/COMMUNITY TO LAND

STEWARDS
OW
NE
R

TENANT/LESSEE
SEC. 20, LOCAL GOVERNMENT CODE OF 1991

Reclassification of Lands. – (a) A city or FARMWORKER

municipality may, through an ordinance passed
by the sanggunian after conducting public
SQUATTER
hearings for the purpose, authorize the
reclassification of agricultural lands and provide
for the manner of their utilization or disposition
in the following
WHO HAScases: (1) when
THE POWER TOthe land ceases
CLASSIFY LANDS?
to be economically feasible and sound for WHO CAN BE OWNERS OF LAND
agricultural purposes
Executive Brach – President
as determined by thethru DENR can
1. Filipino citizens (See Krivenko v. ROD)
Department of Agriculture or (2) where the mineral,
classify the lands into forest, land national
parks, andgreater
agricultural landsvalue 2. Foreigner (Only thru succession)
shall have substantially economic
 Agricultural 3. Natural-born Filipinos who has lost his
for residential, commercial,lands may be further classified by
or industrial
law (Congress) according to uses citizenship under the terms of Section 8
purposes, as determined by the sanggunian
 Section 8. Notwithstanding the
concerned: XXXCongress shall determine, by law, the specific
limits of forest lands and national parks provisions of Section 7 of this Article, a
natural-born citizen of the Philippines
who has lost his Philippine citizenship
may be a transferee of private lands,
subject to limitations provided by law.
RECLASSIFICATION V. CONVERSION  The area limitation does not apply to
naturalborn citizen who has lost his
RECLASSIFICATION CONVERSION citizenship but who has “re-acquired”
LGU DAR the same under the Citizenship and Re-
Act of specifying how The act or process of acquisition Act of 2003 because the said
agricultural lands shall changing the current
law grants him the right to “enjoy full
be utilized for non- physical use of a piece of
civil and political rights” upon the re-
agricultural uses such as agricultural land into
residential, industrial, some other use or for acquisition of his Filipino citizenship.
commercial, as another agricultural use  “Subject to limitations provided by law”
embodied in the land other than the o Maximum area of 5000 Sq/m. in
use plan cultivation of the soil, urban land;
planting of crops, o 3 hectares in case of rural land
growing of trees,
including harvesting of
produce
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 o In case of married couples, one
of them may avail of the
privilege granted.
o But if both shall avail the same,
the total area acquired shall not
exceed the maximum fixed.
ALIENS MAY LEASE PRIVATE LAND
4. Filipino corporations
 At least 60% Filipino (Sec. 7, Art. XII,
1987 Constitution)
 Restricted as to extent reasonably
necessary to enable it to carry out
purpose for which it was created
 If engaged in agriculture, it is restricted
to 1,024 hectares.
MAY PRIVATE CORPORATIONS HOLD ALIENABLE
LANDS OF PUBLIC DOMAIN?
 Corporation sole is not the owner of the
properties he may acquire but merely the
administrator thereof and holds the same in
trust for the faithful or members of the society
or church for which the corporation is organized
 While aliens are disqualified from acquiring
lands of the public domain, they may however
lease private lands. A lease to an alien for a
reasonable period is valid.
 An alien may buy a real property in the
Philippines, on condition that he is granted
Philippine citizenship

 No. The word “persons” refers to natural

persons who are citizens of the Philippines.
Juridical or artificial persons are excluded. Sec.
3, Art. XII of the 1987 Constitution prohibits
private corporations or associations from
holding alienable lands of the public domain
except by lease. MODES OF ACQUIRING OWNERSHIP
 A corporation may apply for registration of a
1. occupation
parcel of land, through lease not exceeding
2. law
1,000 hectares. Such lease shall not exceed 25
3. donation
years and renewable for not more than 25
4. tradition
years. (Sec. 3, Art. XII, 1987 Constitution)
5. intellectual creation
WHAT IS A CORPORATION SOLE? 6. prescription
7. succession
Corporation sole—organized and composed of a single
individual, the head of any religious society or church, OCCUPATION POSSESSION
for the administration of the temporalities of such Applies only to property Applies to properties
without owner whether with or without
religious society or church
owner
MAY A CORPORATION SOLE PURCHASE AND HOLD Confers ownership By itself does not confer
ownership
REAL ESTATE?
There can be no There can be possession
 A corporation sole is vested with the right to occupation without without ownership
ownership
purchase and hold real estate and personal
property
HOW ARE LAND TITLES ACQUIRED?

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 1. Public grant
2. Emancipation patent or grant Merchant Shipping Acts in
3. Reclamation South Australia
4. Adverse possession/ acquisitive prescription
5. Private grant or voluntary transfer
6. Accretion Torrens system of registration
7. Involuntary alienation formulated by Sir Robert
8. Descent or devise Torrens

Massachusetts Land
Registration Act of 1898

Act No. 496 (1903) "Land

Registration Act"

PD 1529 (1978) "Land

Registration Decree"

TORRENS SYSTEM OF REGISTRATION

HISTORY OF THE TORRENS SYSTEM OF REGISTRATION
 In the Torrens system, title by registration takes
the place of “title by deeds” of the system
under the “general” law.
 By “Torrens” systems generally are meant those
systems of registration of transactions with
interest in land whose declared object is, under
governmental authority, to establish and certify
to the ownership of an absolute and
indefeasible title to realty, and to simplify its
transfer.
 The object of the Torrens system then is to do
away with the delay, uncertainty, and expense
of the old conveyancing system.
 The dominant principle of the Torrens system of
land registration is that the titles registered
thereunder are indefeasible or as nearly so as it
is possible to make them

PURPOSE OF THE TORRENS SYSTEM

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  The real purpose of the Torrens system of
registration, as expressed in Legarda v. Saleeby,
a 1915 decision, is to quiet title to land; to put a
stop forever to any question of the legality of
the title, except claims which were noted at the
time of registration, in the certificate, or which
may arise subsequent thereto.
 That being the purpose of the law, once a title is
registered the owner may rest secure, without
the necessity of waiting in the portals of the
court, or sitting in the “mirador de su casa,” to
THREE PRINCIPLES IN THE TORRENS SYSTEM
avoid the possibility of losing his land.
 The Torrens system aims to decree land titles
that shall be final, irrevocable, and indisputable,
and to relieve the land of the burden of known
as well as unknown claims.
 The registration either relieves the land of all
known as well as unknown claims absolutely, or
it compels the claimants to come into court and
to make there a record, so that thereafter there
may be no uncertainty concerning either the
character or the extent of such claims.
ADVANTAGES OF THE TORRENS SYSTEM
(a) It has substituted security for insecurity;
(b) It has reduced the cost of conveyances from
pounds to shillings, and the time occupied from
months to days;
(c) It has exchanged brevity and clearness for
obscurity and verbiage;
(d) It has so simplified ordinary dealings that he
who has mastered the ‘three R’s’ can transact
his own conveyancing;
(e) It affords protection against fraud;
(f) It has restored to their just value many estates,
held under good holding titles, but depreciated
in consequence of some blur or technical
defect, and has barred the reoccurrence of any
similar faults
 Main Purpose: to avoid possible conflicts of title
to real estate and to facilitate transactions
relative thereto by giving the public the right to
rely upon the face of a Torrens certificate of
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title and to dispense with the need of inquiring
further, except when the party concerned has
actual knowledge of facts and circumstances
that should impel a reasonably cautious man to
make such further inquiry
 Every person dealing with registered land may
safely rely on the correctness of the certificate
of title issued therefor and the law will in no
way oblige him to go beyond the certificate to
determine the condition of the property.
1. Mirror principle
 if there are several transfers, the TCT
will be a ‘mirror’ in that it should be
identical to the current facts. If the
seller sells the land, the old title must
be identical to the new one in terms of
technical description, so as to reinforce
the concept that the buyers should be
able to rely on the face of the title
 XPN:
(1) when a person deals with a
registered land with someone that
is not the registered owner
(2) when the party has actual
knowledge of facts which should
impel a reasonably cautious mind to
make such inquiry to the lack of
title
(3) in cases of banking and financing
institutions
2. Curtain principle
 The concept that the buyer should be
able to rely on the face of the title, and
should not go beyond the certificate. In
a way, the buyer does not have to go
behind the curtain to ascertain the
truth of the title, because the Torrens
Certificate guarantees him that.
3. Insurance principle
 Equates registration to a guarantee by
the State
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REGISTRATION IS NOT A MODE OF ACQUIRING Best evidence of Best evidence of title
OWNERSHIP ownership

 Registration does not vest title. It is merely

evidence of such title over a particular property. WHAT ARE THE 2 TYPES OF CERTIFICATES OF TITLE?
Our land registration laws do not give the
1. Original Certificate of Title (OCT)
holder any better title than what he actually
 the first title issued in the name of the
has.
registered owner by the Register of
 Registration is not a mode of acquiring
Deeds covering a parcel of land which
ownership but is merely a procedure to
had been registered under the Torrens
establish evidence of title over realty
system by virtue of a judicial or
 Registration of land under Act No. 496 or PD
administrative proceeding
No. 1529 does not vest in the registrant private
 It consists of one original copy filed in
or public ownership of the land. Registration is
the Register of Deeds, and the owner’s
not a mode of acquiring ownership but is
duplicate certificate delivered to the
merely evidence of ownership previously
owner
conferred by any of the recognized modes of
2. Transfer Certificate of Title (TCT)
acquiring ownership. Registration does not give
 the title issued by the Register of Deeds
the registrant a better right than what the
in favor of a transferee to whom the
registrant had prior to the registration. The
ownership of a registered land has been
registration of lands of the public domain under
transferred by any legal mode of
the Torrens system, by itself, cannot convert
conveyance
public lands into private lands
 It also consists of an original and an
WHAT IS A CERTIFICATE OF TITLE? owner’s duplicate certificate.

Certificate of title is the true copy of the decree of PROBATIVE VALUE OF A TORRENS TITLE
registration or the transcription thereof and like the
 Torrens title may be received in evidence in all
decree shall also be signed by the LRA Administrator.
courts of the Philippines and shall be conclusive
This is the certificate of ownership issued under the
as to all matters contained therein, principally
Torrens system of registration by the government, thru
as to the identity of the land owner except so
the Register of Deeds. It names and declares who the
far as provided in the Land Registration Act
owner in fee simple is and described the property with
 A Torrens certificate is an evidence of
utmost particularity and free from all liens and
indefeasible title of property in favor of the
encumbrances except as those noted or reserved by
person in whose name appears therein – such
law. Legally defined, a certificate of title is the transcript
holder is entitled to the possession of the
of the decree of registration made by the Register of
property until his title is nullified.
Deeds.
INDEFEASIBILITY AND INCONTROVERTIBILITY OF
TITLE V. CERTIFICATE OF TITLE
CERTIFICATES OF TITLE
TITLE CERTIFICATE OF TITLE
 The certificate, once issued, becomes a
Source of right Merely confirms a title
already existing conclusive evidence of the title ownership of
Foundation of Mere evidence of the land referred to therein. What appears on
ownership ownership the face of the title is controlling on questions
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 of ownership of the property in favor of the might be minded to which generally, in
person whose name appears therein and such make an objection of theory at least, binds his
cannot be defeated by adverse, open, and any sort against the right body, or to bar some
sought to be individual claim or
notorious possession; neither can it be defeated
established, and if objection, or to only
by prescription.
anyone in the world has contain certain persons
a right to be heard on who are entitled to be
RULES REGARDING INDEFEASIBILITY AND
the strength of alleging heard in defense
INCONTROVERTIBILITY OF CERTIFICATE OF TITLE facts, which, if true,
show an inconsistent
1. The certificate of title serves as evidence of an
interest
indefeasible title to the property in favor of the
person whose name appears therein.
2. After the expiration of the one (1) year period
from the issuance of the decree of registration
upon which it is based, it becomes
incontrovertible.
3. Decree of registration and the certificate of title
issued pursuant thereto may be attacked on the
ground of actual fraud within one (1) year from
HOW IS JURISDICTION IN REM ACQUIRED?
the date of its entry and such an attack must be
direct and not by a collateral proceeding. The By giving the public notice of initial hearing by means of:
validity of the certificate of title in this regard
can be threshed out only in an action expressly 1. Publication
filed for the purpose. 2. Mailing
3. Notice
NATURE OF THE REGISTRATION PROCEEDINGS UNDER  The decree has also created the Land
THE TORRENS SYSTEM Registration Commission, now renamed the
Land Registration Authority, under the
 Upon the presentation in court of an application
Department of Justice, the central repository of
for the registration of the title to lands, the
records relative to original registration,
theory under the Torrens system is that all
including subdivision and consolidation plans of
occupants, adjoining owners, adverse
titled lands
claimants, and other interested persons are
notified of the proceedings, and have a right to WHO HAS JURISDICTION OVER LAND REGISTRATION
appear in opposition to such application. CASES?
 Proceeding is against the whole world
 Proceedings shall be in rem and based on  Regional Trial Courts have exclusive jurisdiction
generally accepted principles under the Torrens over land registration cases.
system  The jurisdiction of the Regional Trial Courts over
matters involving the registration of lands and
PROCEEDING IN REM V. IN PERSONAM lands registered under the Torrens system is
conferred by Section 2 of PD No. 1529, while
IN REM IN PERSONAM
jurisdiction over petitions for amendments of
When the object of the To establish a claim
action is to bar against some particular certificates of title is provided for by Section
indifferently all who person, with a judgment 108.

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  Section 2of PD No. 1529 provides that RTC shall
have exclusive jurisdiction over all applications:
(1) Original registration of title to lands
including improvements and interests
therein; and
(2) Over all petitions filed after original
registration of title, with power to hear and
determine all questions arising upon such
applications or petitions.
 RTC shall exercise exclusive original jurisdiction
in all civil actions which involve the title to, or
possession to, real property, or any interest
therein, where the assessed value of the
property exceeds P20,000, or for civil actions in
Metro Manila, where such value exceeds
P50,000, except actions for forcible entry into
and unlawful detainer of lands or buildings,
original jurisdiction over which is conferred
upon the MTC, MCTC, MMTC
 What determines jurisdiction are the allegations
in the complaint and the reliefs prayed for—
where the ultimate objective of the plaintiff is
to obtain title to property, it should be filed in
the proper court having jurisdiction over the
assessed value of the property.
 In any event, whether a particular matter
should be resolved by the RTC on the exercise
of its general jurisdiction or of its limited
jurisdiction as a special court is in reality not a
jurisdictional question but is more in essence of
a procedural question involving the mode of
practice which may be waived
DELEGATED JURISDICTION OF INFERIOR COURTS IN
CADASTRAL AND LAND REGISTRATION CASES
MTC, MCTC, and the MMTC are granted delegated
jurisdiction to hear and determine cadastral and land
registration cases in the following instances:
1. Where the lot sought to be registered is not the
subject of controversy and application
2. Where the lot is contested but the value
thereof doesn’t exceed P100,000, such value to
be ascertained by the:
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 Affidavit of the claimant or
 By the agreement of the respective
claimants, if there be more than one, or
 From the corresponding tax declaration
of the real property
LAND REGISTRATION AUTHORITY AND ITS REGISTRIES
OF DEEDS
LAND REGISTRATION AUTHORITY
 To have a more efficient execution of the laws
relative to the registration of lands, geared to
the massive and accelerated land reform and
social justice program of the government
 Headed by an Administrator, who shall be
assisted by 2 Deputy Administrators
 All of whom shall be appointed by the President
through the recommendation of the Secretary
of Justice
 All other officials except the Register of Deeds
shall be appointed by the Secretary of Justice
upon recommendation of the Administrator
FUNCTIONS OF THE AUTHORITY
1. Extend speedy and effective assistance to the
Department of Agrarian Reform, the Land Bank,
and other agencies in the implementation of
the land reform program of the government
2. Extend assistance to courts in ordinary or
cadastral land registration proceedings
3. Be the central repository of records relative to
original registration of lands titled under the
Torrens system, including subdivision and
consolidation plans of titled lands
FUNCTIONS OF THE ADMINISTRATOR
1. Issue decrees of registration pursuant to final
judgments of the courts in land registration
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 proceedings and cause the issuance by the
Register of Deeds of the corresponding
certificates of title
2. Exercise supervision and control over all
Registers of Deeds and other personnel of the
Commission
3. Resolve cases elevated en consulta by, or on
appeal from a decision of a Register of Deeds
4. Exercise executive supervision over all clerks of
courts and personnel of the CFI throughout the
Philippines with respect to the discharge of
duties and functions in relation to the
registration of lands
5. Implements all orders, decision, and decrees
promulgated related to the registration of lands
and issue, subject to the approval of the
Secretary of Justice, all needful rules and
regulations therefor
6. Verify and approve subdivision, consolidation,
and consolidation, subdivision survey plans of
properties titled under Act 496 except those
covered by PD 957
7. Discretionary functions
NATURE OF THE DUTY OF THE LRA IN ISSUING DECREES
OF REGISTRATION
 It is ministerial in the sense that they act under
the orders of the court and the decree must be
in conformity with the decision of the court and
with the data found in the record, as to which
they have no discretion on the matter
 NOT compellable by mandamus
 If they are in doubt upon any point in relation to
the preparation and issuances of such decree, it
is their duty to refer the matter to court
 In the above respect, then they act as officials of
the court but their acts are the acts of the court
itself
 The issuance of a decree of registration is part
of the judicial function and is not compellable
by mandamus because it involves the exercise
of discretion
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 The duty to render reports is not limited to the
period before a decision becomes final, but may
extend ever after its finality but not beyond the
scope of one year from the entry of the decree
AUTHORITY OF THE LRA TO REPRESENT THE
GOVERNMENT IN REGISTRATION PROCEEDINGS
 The Solicitor General as counsel of the
government, shall represent the government in
all registration proceedings
 The functions enumerated of the LRA is bereft
of any grant of power to make the
representation as the Solicitor General on
behalf of the government in land registration
proceedings
 The LRA has no authority to represent the
government in registration proceedings
OFFICE OF THE REGISTER OF DEEDS
 There shall be at least one Register of Deeds for
each province and one for each city
 Secretary of Justice: defines the official station
and territorial jurisdiction of each Registry upon
the recommendation of the LRA administrator,
with the end in view of making every Registry
easily accessible to the people of the
neighboring municipalities
 Register of Deeds: appointed by the President
upon recommendation of Secretary of Justice
 Deputy Registers and all subordinate personnel
of Register of Deeds shall be appointed by the
Secretary of Justice upon the recommendation
of the LRA Administrator
 Both the Register and his deputies must be
members of the Bar
WHAT IS THE OFFICE OF THE REGISTER OF DEEDS
 A public repository of records of instruments
affecting registered or unregistered lands and
chattel mortgages in the province or city
wherein such office is situated
FUNCTIONS AND DUTIES OF ROD
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 1. It shall be the duty of the Register of Deeds to
immediately register an instrument presented
for registration dealing with real or personal
property, which complies with all the requisites
for registration.
2. He shall see to it that said instrument bears the
proper documentary and science stamps and
that the same are properly canceled.
3. If the instrument is not registerable, he shall
forthwith deny registration thereof and inform
the presentor of such denial in writing, stating
the ground or reason therefor, and advising him
of his right to appeal by consulta in accordance
with Section 117 of this Decree
4. Prepare and keep index system, which contains
the names of all registered owners
alphabetically arranged and all the lands
respectively registered in their names
NATURE OF THE DUTY OF THE REGISTER OF DEEDS TO
REGISTER
 Registration is merely a ministerial act by which
a deed, contract, or instrument is sought to be
inscribed in the records of the office of the
Register of Deeds and annotated at the back of
the certificate of title covering the land subject
of the deed, contract, or instrument
 Section 10: “It shall be the duty of the Register
of Deeds to immediately register an instrument
presented for registration dealing with real and
personal property which complies with all the
requisites for registration.”
 Register may not validly refuse to register a
deed of sale presented to him for registration
 Whether a document is valid or not is not for
the Register to determine, this function belongs
properly to a court of competent jurisdiction
 Hence, registration must first be allowed, and
the validity or effect thereof litigated afterwards
WHEN MAY THE REGISTER OF DEEDS REFUSE
REGISTRATION?
LTD Notes: cassielawst.blogspot.com
1. When there are several copies off the title but
only one is presented with the instrument to be
registered.
 Where there are several copies of the
same title in existence, it is easy to see
how their integrity may be adversely
affected if an encumbrance, or an
outright conveyance, is annotated on
one copy and not on the others.
 The law itself refers to every copy
authorized to be issued as a duplicate
of the original, which means that both
must contain identical entries of the
transactions, particularly voluntary
ones, affecting the land covered by the
title.
2. When the property is presumed to be conjugal
but the instrument of conveyance bears the
signature of only one spouse.
3. Where there is a pending case in court where
the character of the land and validity of the
conveyance are in issue.
 In such a case, the matter of
registration may well await the
outcome of that case, and in the
meantime the rights of the interested
parties could be protected by filing the
proper notice of lis pendens.
4. When the instruments is not notarized
5. When required documents are not submitted
REGISTRY OF PROPERTY
 Registration of instruments affecting registered land
must be done in the proper registry, in order to
affect and bind the land and thus, operate as
constructive notice to the world
 Section 51 provides that no deed, mortgage, lease
or voluntary instrument, except a will—purporting
to convey or affect registered land shall take effect
as a conveyance or bind the land until its
registration
12
 Thus, if the sale is not registered, it is binding only
between the seller and the buyer but it would not
affect third parties
WHAT IS REGISTRATION?
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:

REGISTRATION means the entry of instruments or
deeds in a book or public registry. It is the entry made in
the registry which records solemnly and permanently
the right of ownership and other real rights.
EFFECT OF REGISTRATION
 Registration in the public registry is NOTICE TO THE
WHOLE WORLD
 The act of registration shall be the operative act to
convey or affect the land insofar as third persons
are concerned, and in all cases under PD No. 1529,
the registration shall be made in the office of the
Register of Deeds in the city or province where the
land lies.
1. Those who by themselves or through their
predecessors-in-interest 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.

KINDS OF REGISTRATION
KINDS OF REGISTRATION
I. Original Registration:
A. Judicial Registration
(Ordinary registration
and Cadastral
Proceedings)
B. Administrative
Registration
REQUISITES FOR REGISTRATION UNDER SECTION 14(1)
COURT/MAIN AGENCY DOCUMENT ISSUED TORRENS CERTIFICATE OF –
TITLE
RTC (with LRA, DENR- Decree of registration OCT
LMB, ROD)
DENR-LMB (with LRA & Patent OCT
ROD)

DAR CLOA OCT/TCT

NCIP CALT/CADT
II. Subsequent ROD TCT TCT
Registration

OCENPO

ORIGINAL REGISTRATION
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13
 1. That the property in question is alienable and
disposable land of the public domain
2. That the applicants, by themselves or through
their predecessors-in-interest have been in
open, continuous, exclusive, and notorious
possession and occupation (OCENPO)
3. That such possession is under bona fide claim of
ownership since June 12, 1945 or earlier

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14

WHO MAY APPLY FOR REGISTRATION UNDER CA 141
(JUDICIAL CONFIRMATION OF IMPERFECT TITLE)
 Those who by themselves or through their
predecessors‐in‐ interest have been in open,
continuous, exclusive and notorious possession
and occupation of alienable and disposable
agricultural lands of the public domain, under a
bona fide claim of acquisition or ownership,
since June 12, 1945, except when prevented by
wars or force majeure.
 Conditions:
(1) the applicant must be a Filipino citizen;
(2) he must have, by himself or through his
predecessors‐in‐interest, possessed and
occupied an alienable and disposable
agricultural portion of the public domain;
(3) such possession and occupation must have
been open, continuous, exclusive, notorious
and in the concept of owner, since June, 12,
1945; and
(4) the application must be filed with the
proper court.
WHEN IS A PERSON DEEMED TO POSSESS AN
IMPERFECT TITLE OVER PROPERTY
When the applicant for confirmation of imperfect title
has shown possession and occupation that is:
1. open
2. continuous
3. exclusive
4. notorious
5. in the concept of an owner
WHAT IS THE EFFECT OF POSSESSION OF AN
IMPERFECT TITLE
 When the conditions set by law are complied
with, the possessor of the land, by operation of
law, acquires a right to government grant,
without the necessity of a certificate of the title
being issued.
LTD Notes: cassielawst.blogspot.com
SECTION 14(2) [PRESCRIPTION]
ART. 1106, CIVIL CODE
By prescription, one acquires ownership and
other real rights through the lapse of time in
the manner and under the conditions laid down
by law.
xxx
ART. 1113, CIVIL CODE
All things which are within the commerce of
men are susceptible of prescription, unless
otherwise provided. Property of the State or
any of its subdivisions not patrimonial in
character shall not be the object of
prescription.
 PD1529 and its amendatory PD1073 didn’t
preclude application for registration of alienable
lands of the public domain, possession over
which commenced only after June 12, 1945,
considering Section 14 (2) which governs and
authorizes the application of those who have
acquired ownership of private lands by
prescription under the provisions of existing
laws
 Section 14(2) allows qualified individuals to
apply for the registration of property,
ownership of which he has acquired by
prescription under existing laws.
 While as a rule, prescription doesn’t run against
the State, the exception is when the law
expressly provides
 The prescriptive period for acquisition of
property applies to patrimonial properties of
the State, or those which have been declared as
no longer intended for public use or public
service
SECTION 14(1) V. SECTION 14(2)
SECTION 14(1) SECTION 14(2)
Registration possession Prescription
basis
Extended PD 1529 and PD 1529 and
15
under Public Land Act Civil Code possession to that of his grantor or
30-year period To possession Involves predecessor-in-interest
relation without regard extraordinary  Presumed that the present possessor who was
to Civil Code prescription also the possessor at the previous time, has
under Civil
continued to be in possession during the
Code
As to when the At the time of At the start of intervening time, unless there is proof to the
land should be the filing the possession contrary
classified as
A&D PRESCRIPTION V. LACHES
PRESCRIPTION LACHES
TWO KINDS OF PRESCRIPTION Effect of delay Fact of delay
1. Ordinary Acquisitive prescription Matter of time Question of inequity of
 a person acquires ownership of a permitting a claim to be
patrimonial property through enforce, this inequity
being founded on some
possession for at least 10 years, in good
change in the condition
faith, and with just title
of the property or the
2. Extraordinary Acquisitive prescription relation of the parties
 a person’s UNINTERRUPTED possession Statutory Not statutory
of patrimonial property for at least 30 Applies at law Applies at equity
years, regardless of good faith or just Based on a fixed time Not fixed time
title, ripens into private ownership

CONCEPT OF POSSESSION FOR PURPOSES OF SECTION 14(3) – ACCESSION AND ACCRETION

PRESCRIPTION
ART. 1118, CIVIL CODE
Possession has to be in the concept of an
owner, public peaceful and uninterrupted.
 Actual possession of land consists in the
manifestation of acts of dominion over it of
such a nature as a party would naturally
exercise over his own property
 To consolidate prescription, the possession
must be that of owner, and it must be public,
peaceful, and uninterrupted. Acts of a
possessory character done by virtue of a license
or mere tolerance on the part of the owner
aren’t sufficient
1. ACCESSION
 Refers to the right of an owner of a
thing to its products as well as whatever
is inseparably attached thereto as an
accessory. The accessory follows the
principal.
Article 440, Civil Code
The ownership of property gives the right by
accession to everything which is produced
thereby, or which is incorporated or attached
thereto, either naturally or artificially.
2. ACCRESTION AND ALLUVION

COMPUTATION OF PRESCRIPTION
 The present possessor may complete the period
necessary for prescription by tacking his

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16
 ARTICLE 457, CIVIL CODE
To the owners of lands adjoining the banks of
rivers belong the accretion which they
gradually receive from the effects of the
current of the waters.
ARTICLE 461, CIVIL CODE
River beds which are abandoned through the
natural change in the course of the waters ipso
facto belong to the owners whose lands are
occupied by the new course in proportion to
the area lost. However, the owners of the lands
adjoining the old bed shall have the right to
acquire the same by paying the value thereof,
which value shall not exceed the value of the
area occupied by the new bed.
DEFINITION:
(A) ACCRETION
 defined as the addition of portions of
soil, by gradual deposition through the
operation of natural causes, to that
already in the possession of the owner.
(Black’s Law)
 Adopted from the Law Of The Waters
which provided that the accretion
resulting from the gradual deposit by or
sedimentation from the waters belongs
to the owners of the land bordering on
streams, torrents, lakes, or rivers
 accretion does not automatically
become registered land. this is akin to
the principle that an unregistered land
purchased by the registered owner of
the adjoining land does not, by
extension, become ipso facto registered
land
 In the absence of evidence that the
change in the course of the river was
sudden or that it occurred through
avulsion, the presumption is that the
LTD Notes: cassielawst.blogspot.com
change was gradual and caused by
accretion and erosion
(B) ALLUVION
 It refers to the accretion made by flow
of rivers. A form of accession natura ,
which is provided for in Articles 457 and
461.
 Alluvion must be the EXCLUSIVE WORK
OF NATURE. There must be evidence to
prove that the addition to the property
was made gradually through the effects
of the current of the river
 where alluvial increment is not
registered, it may be acquired by third
persons through prescription
 if alluvial property is not registered, the
increment never became registered
property, hence, not subject to the
protection of imprescriptibility of
registered property under the torrens
system
REQUISITES OF ACCRETION (applies to lakes, creeks,
and streams)
1. That the deposit be gradual and imperceptible;
2. That it be made through the effects of the
current of the water;
 The requirement that the deposit
should be due to the effects of the
current of the river is INDISPENSABLE
 A riparian owner then doesn’t acquire
the additions to his land caused by
special works expressly intended or
designed to bring about accretion
3. That the land where the accretion takes place is
adjacent to the banks of the river.
OWNERSHIP OF ABANDONED RIVER BEDS
o River beds which are abandoned through the
natural change in the course of waters ipso
facto belongs to the owners whose lands are
occupied by the new course in proportion to
the area lost
17
 o However, the owners of the lands adjoining the
old bed, shall have the right to acquire the same
by paying the value thereof—which value shall
not exceed the value of the area occupied by
the new bed
REQUISITES FOR ART. 461 TO APPLY
1. The change must be sudden;
2. The changing of the course must be more or
less permanent, and not temporary over
flooding of another’s land;
3. The change of the river must be a natural one,
not by artificial means;
4. There must be definite abandonment by the
government;
 Private persons cannot, by themselves,
reclaim land from water bodies
belonging to the State without proper
permission from government
authorities.
5. The river must continue to exist, that is, it must
not completely dry up or disappear.
ALLUVIAL FORMATION ALONG THE SEASHORE
 Alluvial formation along the seashore form part of
the public domain and therefore, not open to the
acquisition by adverse possession by private
persons
 Outside the commerce of man, unless otherwise
provided by either the executive or legislative
branch of the government
 The adjoining registered owner of the foreshore
land cannot claim ownership by right of accretion
 The state shall only grant these lands to the
adjoining owners only when they are no longer
needed for the purposes mentioned therein
 Ignacio v. Director of Lands: a bay is part of the sea,
being a mere indention of the same
SECTION 14(4) – ACQUISITION OF OWNERSHIP IN ANY
OTHER MANNER PROVIDED FOR BY LAW
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RESERVATION FOR A SPECIFIC PUBLIC PURPOSE BY
PRESIDENTIAL PROCLAMATION
 The president has the authority to set aside
lands from sale/public acquisition and reserve
them to public use
 The privilege of occupying lands with a view of
preemption confers no contractual or vested
right in the lands occupied and the authority of
the President to withdraw such lands for sale or
acquisition by the public, or to reserve them for
public use, prior to the divesting by the
government of title thereof stands, even though
this may defeat the imperfect right of a settler
STEPS IN ORDINARY LAND PROCEEDINGS
(SFS-TPS-FH-PIES)
1. Survey of the land by the Bureau of Lands or
any duly licensed private surveyor
2. Filing of application for registration by applicant
3. Setting of date for initial hearing of the
application by the Court
4. Transmittal of application and the date of initial
hearing together with all the documents and
other evidences attached thereto by the Clerk
of Court to the Land Registration Authority
5. Publication of the notice of the filing of the
application and date and place of the hearing in
the Official Gazette and in a newspaper of
general circulation
6. Service by MAILING OF NOTICE upon
contiguous owners, occupants, and those
known to have interest in the property AND
POSTING by the sheriff of the notice in a
conspicuous place on the land and in the
bulletin board of the municipal building where
the land is situated
7. Filing of answer to the application by any
person whether named in the notice or not
8. Hearing of the case by the Court
9. Promulgation of judgment by the Court
10. Issuance of an ORDER FOR THE ISSUANCE of a
decree declaring the decision final and
18
 instructing the LRA to issue the decree of
confirmation and registration
11. Entry of the decree of registration in the LRA
12. Sending of copy of the decree of registration to
the corresponding Register of Deeds
13. . Transcription of the decree of registration in
the registration book and the issuance of the
owner’s duplicate original certificate of title to
the applicant by the RD, upon payment of
prescribed fees
APPLICATION
FORM OF THE APPLICATION FOR REGSITRATION OR
JUDICIAL CONFIRMATION
1. Must be made in writing
2. Signed by the applicant or person duly
authorized in his behalf
3. Sworn to before an officer authorized to
administer an oath for the province or city
where the application was actually signed; and
4. If there is more than 1 applicant, they shall be
signed and sworn to by and in behalf of each
other
CONTENTS OF THE APPLICATION
(D-CAME-FAR-N)
1. Description of the land applied for together
with the buildings and improvements; the plan
approved by Director of Lands and the technical
descriptions must be attached
2. Citizenship and civil status of the applicant
(a) If married, name of spouse
(b) If the marriage has been legally dissolved,
when and how the marriage relation was
terminate
3. Assessed value of the land and the buildings
and other improvements based on the last
assessment for taxation purposes
4. Manner of acquisition of land
5. Mortgage or Encumbrance affecting the land or
names of other persons who may have an
interest therein, legal or equitable
LTD Notes: cassielawst.blogspot.com
6. The court may require Facts to be stated in the
application in addition to those prescribed by
the Decree not inconsistent therewith and may
require the filing of additional papers
7. Full names and addresses of All occupants of
the land and those of the adjoining owners, if
known, and if not known, the applicant shall
state the extent of the search made to find
them
8. If the application describes the land as bounded
by a public or private way or Road, it shall state
whether or not the applicant claims any portion
of the land within the limits of the way or road,
and whether the applicant desires to have the
line of way or road determined
9. If the applicant is a Non‐resident of the
Philippines, he shall file an instrument
appointing an agent residing in the Philippines
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)
 If the agent or representative dies, or
leaves the Philippines, the applicant
shall forthwith make another
appointment for the substitute, and, if
he fails to do so the court may dismiss
the application.
THE APPLICATION SHALL BE ACCOMPANIED BY THE
FOLLOWING DOCUMENTS
1. Original plan in TRACING CLOTH or DIAZO
POLYESTER FILM, duly approved by the Regional
Technical Director, Land Management Service
of the DENR, a CERTIFIED COPY OF THE SAME
SHALL BE ATTACHED TO THE DUPLICATE
RECORDS AND FORWARDED TO THE LRA
2. WHITE OR BLUE PRINT copies of the plan
3. The original and two copies of the TECHNICAL
DESCRIPTIONS CERTIFIED by the Regional
Technical Director or the official so authorized
and NOT MERELY SIGNED by the Geodetic
Engineer who prepared the plan
19
 4. A CERTIFICATE IN TRIPLICATE of the Provincial,
City, or Municipal assessor of the assessed value
of the land
5. All ORIGINAL MUNIMENTS OF TITLE OF THE
APPLICANT which prove his ownership of the
land
 Under LRA Circular 05-2000, the original tracing
cloth plan is no longer forwarded to the LRA;
only a certified copy thereof need be forwarded
WHAT ARE MUNIMENTS OF TITLE?
They are instruments or written evidence which the
applicant holds/possesses to enable him to substantiate
and prove title to his estate.
WHERE SHALL THE APPLICATION BE FILED
If the application covers a single parcel of land situated
within:
1. Only one city or province
 RTC or MTC, as the case may be, of the
province or city where the land is
situated.
2. 2 or more provinces or cities
(a) When boundaries are not defined
 in the RTC or MTC of the place where it
is declared for taxation purposes
(b) When boundaries are defined
 separate plan for each portion must be
made by a surveyor and a separate
application for each lot must be filed
with the appropriate RTC or MTC.
APPLICATION COVERING TWO PARCELS OF LAND
An application may include two or more parcels of land
belonging to the applicant/s provided they are situated
within the same province or city. The court may at any
time order an application to be amended by striking out
one or more of the parcels or by a severance of the
application
LTD Notes: cassielawst.blogspot.com
AMENDMENTS
SEC. 19, PD 1529
Amendments. Amendments to the application
including joinder, substitution, or
discontinuance as to parties may be allowed
by the court at any stage of the proceedings
upon just and reasonable terms.
Amendments which shall consist in a
substantial change in the boundaries or an
increase in area of the land applied for or
which involve the inclusion of an additional
land shall be subject to the same requirements
of publication and notice as in an original
application.
 It shall not be permissible to make amendments
or alterations in the description of the land after
its publication in the newspapers and after the
registration of the property has been decreed,
without the publication of new notification and
advertisements making known to everyone the
said alterations and amendments
 If new survey plans do not conform to the plans
earlier presented and affect the rights of third
persons, notice shall be given them and an
opportunity to present whatever opposition
they may have
DEALINGS WITH LAND PENDING ORIGINAL
REGISTRATION
20
 SEC. 22, PD 1529
Dealings with land pending original registration.
After the filing of the application and before the
issuance of the decree of registration, the land
therein described may still be the subject of
dealings in whole or in part, in which case the
interested party shall present to the court the
pertinent instruments together with a
subdivision plan approved by the Director of
Lands in case of transfer of portions thereof and
the court, after notice to the parties, shall order
such land registered subject to the conveyance
 Land subject of registration is allowed to be
dealt with after the filing of the application and
before the issuance of decree
 The land may be sold or otherwise encumbered
but whatever may be the nature of the
transaction, the interested party should submit
to the court the pertinent instruments
evidencing the transaction to be considered in
the final adjudication of the case
 In case of transfer of a portion of the land, the
corresponding subdivision plan, approved by
the Director of Lands, should also be presented.
The court shall order:
o Order the land registered subject to the
encumberance or conveyance created
by such instruments, or
o Order the decree of registration be
issued in the name of the person to
whom the property has been conveyed
 Section 22 doesn't require the amendment of
application, it being sufficient that the court by
motion or appropriate pleading, be presented
with the instruments evidencing the
transaction.
NOTICE OF INITIAL HEARING, PUBLICATION, ETC.
The court shall, within five days from filing of the
application, ISSUE AN ORDER SETTING THE DATE AND
HOUR OF THE INITIAL HEARING, which SHALL NOT BE
LTD Notes: cassielawst.blogspot.com
EARLIER THAN FORTY-FIVE DAYS NOR LATER THAN
NINETY DAYS FROM THE DATE OF THE ORDER.
The public shall be given notice of the initial hearing of
the application for land registration by means of:
(1) Publication;
(2) Mailing; and
(3) Posting
1. BY PUBLICATION
Upon receipt of the order of the court setting the time
for initial hearing, the Commissioner of Land
Registration shall cause notice of initial hearing to be
published once in the Official Gazette and once in a
newspaper of general circulation in the Philippines:
Provided, however, that the publication in the Official
Gazette shall be sufficient to confer jurisdiction upon
the court. Said notice shall be addressed to all persons
appearing to have an interest in the land involved
including the adjoining owners so far as known, and "to
all whom it may concern". Said notice shall also require
all persons concerned to appear in court at a certain
date and time to show cause why the prayer of said
application shall not be granted.
 Publication in a newspaper is necessary to
accord with due process requirement.
 For non-compliance with the requirement of
publication, the application may be dismissed,
without prejudice to reapplication in the future,
after all the legal requisites are complied with.
 Publication in the Official Gazette does not
dispense with the requirement of notice by
mailing and posting
 The purpose of the law in requiring the giving of
notice by all three modes is to strengthen the
Torrens system through safeguards to prevent
anomalous titling of real property
TWO-FOLD PURPOSE OF PUBLICATION
1. To confer jurisdiction upon the court over the
res
21
 2. To apprise the whole world of the pending
registration case so that they may assert their
rights or interests in the land, if any, and
oppose the application, if so minded.
EFFECT OF DEFECTIVE OF NON-PUBLICATION
 In all cases where the authority of the courts to
proceed is conferred by a statute and when the
manner of obtaining jurisdiction is mandatory
and must strictly be complied with, or the
proceedings will be utterly void
 Land registration is a proceeding in rem and
jurisdiction in rem cannot be acquired unless
there be constructive seizure of the land
through publication and service of notice
2. BY MAILING
TO WHOM SHOULD NOTICE OF INITIAL HEARING BE
MAILED TO?
(A) PERSONS NAMED IN THE APPLICATION
 The Commissioner of Land Registration
shall also, WITHIN SEVEN DAYS AFTER
PUBLICATION OF SAID NOTICE IN THE
OFFICIAL GAZETTE, as hereinbefore
provided, cause a copy of the notice of
initial hearing to be mailed to every
person named in the notice whose
address is know
 Mandatory requirement
(B) TO THE SECRETARY OF PUBLIC HIGHWAYS, THE
PROVINCIAL GOVERNOR AND THE MAYOR
 If the applicant requests to have the
line of a public way or road determined,
the Commissioner of Land Registration
shall cause a copy of said notice of
initial hearing to be mailed to the
Secretary of Public Highways, to the
Provincial Governor, and to the Mayor
of the municipality or city, as the case
may be, in which the land lies.
LTD Notes: cassielawst.blogspot.com
(C) TO THE SECRETARY OF AGRARIAN REFORM,
THE SOLICITOR GENERAL, THE DIRECTOR OF
LANDS, THE DIRECTOR OF PUBLIC WORKS, THE
DIRECTOR OF FOREST DEVELOPMENT, THE
DIRECTOR OF MINES AND THE DIRECTOR OF
FISHERIES AND AQUATIC RESOURCES
 If the land borders on a river, navigable
stream or shore, or on an arm of the
sea where a river or harbor line has
been established, or on a lake,
 or if it otherwise appears from the
application or the proceedings that a
tenant-farmer or the national
government may have a claim adverse
to that of the applicant
ROLE OF THE SOLICITOR GENERAL IN LAND
REGISTRATION PROCEEDINGS
 In practice, the Solicitor General is invariably
furnished with a copy of the notice of initial
hearing. The reason for this is that he is bound
to represent the government in all land
registration and related proceedings.
 The OSG shall represent the Government of the
Philippines, its agencies, and instrumentalities
and its officials and agents in any litigation,
proceeding, investigation or matter requiring
the services of a lawyer
 The Solicitor General shall institute actions for
the reversion to the Government of lands of the
public domain and improvements thereon as
well as lands held in violation of the
Constitution.
3. POSTING
 Within 14 days before the initial
hearing, the LRA administrator shall
cause a duly attested copy of the notice
to be posted by the sheriff in a
conspicuous place on the land applied
for and also in a conspicuous place on
the bulletin board of the municipality or
city in which the land is situated
22
  Mandatory requirement
 The requirement of giving notice by all three
modes is mandatory
 The notice of initial hearing shall be signed by
the judge and a copy of the notice is mailed by
the clerk of court to the LRA
 The court has the power and duty to set the
hearing date
 The notice of initial hearing is a court document
—the party applicant has absolutely no
participation
PROOF OF PUBLICATION AND NOTICE
Section 24. Proof of publication and notice. The
certification of the Commissioner of Land
Registration and of the sheriff concerned to the
effect that the notice of initial hearing, as required
by law, has been complied with shall be filed in the
case before the date of initial hearing, and shall be
conclusive proof of such fact.
OPPOSITION TO APPLICATION
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Section 25. Opposition to application in
ordinary proceedings. Any person claiming an
interest, whether named in the notice or not,
may appear and file an opposition on or before
the date of initial hearing, or within such further
time as may be allowed by the court. The
opposition shall state all the objections to the
application and shall set forth the interest
claimed by the party filing the same and apply
for the remedy desired, and shall be signed and
sworn to by him or by some other duly
authorized person.
If the opposition or the adverse claim of any
person covers only a portion of the lot and said
portion is not properly delimited on the plan
attached to the application, or in case of
undivided coownership, conflicting claims of
ownership or possession, or overlapping of
boundaries, the court may require the parties to
submit a subdivision plan duly approved by the
Director of Lands.
WHO MAY BE AN OPPOSITOR TO THE APPLICATION
FOR REGISTRATION?
Any person whether named in the notice or not,
provided, his claim of interest in the property applied
for is based on a right of dominion or some other real
right independent of, and not subordinate to, the rights
of the government.
REQUISITES FOR OPPOSING APPLICATION
1. The oppositor must have an interest in the land
applied for
2. He should state the grounds for his objection as
well as the nature of his claimed interest
3. The relief being prayed for
4. Signed and sworn to by him or by some other
duly authorized person
 The opposition partakes of the nature of an
answer with a counterclaim.
23

PERSON WHO MAY FILE OPPOSTION
1. A homesteader who hasn't been issued his title
but has fulfilled all the conditions required by
law for the issuance of the patent
2. A purchaser of friar land who is deemed to have
an equitable title to the land even before the
issuance of the patent
3. An awardee in a sales application who, by virtue
of the award, is authorized to take possession
of the land to enable him to comply with
requirements for the issuance of the paten
4. A person claiming to be in possession of the
land and has applied with the LMB for its
purchase.
OPPOSITION BY THE GOVERNMENT
 Private persons may not file opposition for the
government on the ground that the land
belongs to the government.
 Pursuant to the Regalian doctrine, all lands of
the public domain and all other natural
resources are owned by the State, hence, it is
the burden of the applicant to overthrow the
presumption that the land is public land by well
nigh inconvertible proof and that he is entitled
to registration under the law
 Absence of opposition by the government
doesn't justify outright registration. Even in the
absence of an adverse claim, the applicant still
has to prove that he possesses all the
qualifications and none of the disqualifications
to obtain the title. If he fails to do so, his
application will not be granted
 The failure of the Director of Lands in
representation of the government, to oppose
the application for registration for which he was
declared in default will not justify the court in
adjudicating the land applied for as private
property
 The Court may, even in the absence of any
opposition, deny the registration of the land
under the Torrens system, upon the ground
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that the facts presented did not show that the
petitioner is the owner, in fee simple, of the
land, which he is attempting to have registered
 Government may appeal despite failure of
agency to file opposition. It is not estopped by
the mistake or error of its officials or agents
 The Government cannot be declared in default
EFFECT OF FAILING TO OPPOSE
 All the allegations contained in the application
shall be held as confessed by reason of the
absence of denial on the part of the opponent
 The person who has not challenged cannot
allege damage or error against the judgment
ordering the registration inasmuch as he didn't
allege or pretend to have right over the land
 a claimant having failed to present his answer
or objection to the registration of a parcel of
land under the Torrens system or to question
the validity of such registration within a period
of one year after the certificate of title had been
issued, is deemed to have forever lost his right
in said land even granting that he had any right
therein.
ORDER OF DEFAULT
Section 26. Order of default; effect. If no person
appears and answers within the time allowed,
the court shall, upon motion of the applicant, no
reason to the contrary appearing, order a
default to be recorded and require the applicant
to present evidence. By the description in the
notice "To all Whom It May Concern", all the
world are made parties defendant and shall be
concluded by the default order.
Where an appearance has been entered and an
answer filed, a default order shall be entered
against persons who did not appear and answer.
ORDER OF GENERAL DEFAULT, WHEN ENTERED
1. Order of general default
24
  if no person appears and answers order of default, not an appeal. (Sec. 4,
within the time allowed; by description Rule 65, Rules of Court)
in the notice “to whom it may concern”,
all the world are made parties
defendant and shall be concluded by
the default order
2. Order of special default
 when an appearance has been entered
and answer filed, default order shall be
entered upon against persons who
didn't appear and answer

EFFECT OF ORDER OF DEFAULT

 Party declared in default loses his standing in
court
 He cannot appear in court, be heard or be
entitled to notice

HEARING
REMEDIES OF A PERSON WHO WAS DECLARED IN
DEFAULT BY THE COURT
1. Motion to set aside default order (Sec. 3, Rule
9, ROC)
 A defaulted interested person may gain
standing in court by filing such motion
at any time after notice thereof and
before judgment, upon proper showing
that:
(a) His failure o answer was due to
fraud, accident, mistake, excusable
neglect (FAME)
(b) And that he has a meritorious
defense
2. Petition for certiorari
 Failure of the oppositor to appear at
the initial hearing is not a ground for
default. In which case, his proper
remedy is to file a petition for certiorari
not later than sixty (60) days from
notice of judgment, order or resolution
to contest the illegal declaration or
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Section 27. Speedy hearing; reference to a referee.
The trial court shall see to it that all registration-
proceedings are disposed or within ninety days
from the date the case is submitted for decision,
The Court, if it deems necessary, may refer the case
or any part thereof to a referee who shall hear the
parties and their evidence, and the referee shall
submit his report thereon to the Court within
fifteen days after the termination of such hearing.
Hearing before a referee may be held at any
convenient place within the province or city as may
be fixed by him and after reasonable notice thereof
shall have been served the parties concerned. The
court may render judgment in accordance with the
report as though the facts have been found by the
judge himself: Provided, however, that the court
may in its discretion accept the report, or set it
aside in whole or in part, or order the case to be
recommitted for further proceedings
 Hearing is necessary in order to determine the
validity of ownership claim

25
  Registration proceedings should be disposed
within 90 days from date the case is submitted
for decision
 The court may refer the case or any part thereof
to a REFEREE who shall hear the parties and
their evidence, and the referee shall submit his
report thereon to the court within 15 days after
the termination of such hearing.
 The court may render judgment according to
the report though the facts has been found by
the judge himself, or order the case
recommitted for reception of additional
evidence.
BURDEN OF PROOF
 The burden is upon the applicant to show that
he is the real and absolute owner, in fee simple
of such land
WHAT MUST THE APPLICANT FOR LAND
REGISTRATION PROVE
1. Citizenship
2. Ownership
3. Classification of the land
4. Identity of the land
1. CITIZENSHIP REQUIREMENT
Krivenko v. Register of Deeds
This is a landmark case decided by the Philippine
Supreme Court, which further solidified the
PROHIBITION OF THE PHILIPPINE CONSTITUTION THAT
ALIENS MAY NOT ACQUIRE PRIVATE OR PUBLIC
AGRICULTURAL LANDS, INCLUDING RESIDENTIAL
LANDS.
FACTS:
Alexander Krivenko, an alien, who bought a
residential land in Manila, Philippines on December
1941. However, he failed to register the same due to
Japan’s declaration of war. Later on in May 1945, he
again sought the registration of the same land but the
herein respondent, Register of Deeds, denied the
application because as an alien, Krivenko was
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disqualified to own land pursuant to the laws of the
Philippine jurisdiction. Krivenko brought the case to the
Court of First Instance of Manila which sustained the
refusal of the Register of Deeds of Manila. He then
appealed to the Supreme Court.
During the pendency of the appeal, a new
circular by the Department of Justice was released,
instructing all registers of deeds to accept for
registration all transfers of residential lots to aliens.
With the effect of the circular swaying in his favor,
Krivenko thereafter filed a motion to withdraw his
appeal. However, the Supreme Court deemed it best to
exercise its discretionary powers and denied Krivenko’s
appeal, in order to tackle the more pressing
constitutional issue; and in the process, established
itself as a landmark case with regard to foreign
ownership of lands in the Philippines
RULING:
The 1935 COMMONWEALTH CONSTITUTION served as
the main point of reference in this case; the following
facts however, should be noted:
1. The 1943 Constitution was already in place at
the time this case was penned in 1947
2. Krivenko bought the property in December
1941
3. The dispute about the registration and the
denial of such by the register of deeds occurred
in May 1945.
4. Section 1, Article XIII of the 1935 Constitution
was reproduced verbatim in Section 1, Article
VIII of the 1943 Constitution
1935 Constitution: Article XIII, Section 5. Save in cases
of hereditary succession, no private agricultural land
shall be transferred or assigned except to individuals,
corporations, or associations qualified to acquire or
hold lands of the public domain in the Philippines.
1935 Constitution: Article XIII, Section 1. It should be
clear that lands of the public domain are by the State
first and foremost, but its utilization is limited to Filipino
citizens only, or to corporations whose 60% capital
stock are owned by Filipinos. It is clear from these
26
phrases that the bent towards excluding foreigners is
already evident.
“…Natural resources, with the exception of public
agricultural land, shall not be alienated, and no license,
concession, or lease for the exploitation, development,
or utilization of any of the natural resources shall be
granted for a period exceeding twenty-five years,
renewable for another twenty-five years…”
When Sections 1 and 5 are read together, it is therefore
clear that aliens are prohibited from acquiring lands in
the Philippines, subject to exceptions provided by law.
The penned decision referred to the Constitutional
Convention, specifically the report of the Committee on
Nationalization and Preservation of Lands and other
Natural Resources, for the purpose behind the principle:
"that lands, minerals, forests, and other natural
resources constitute the exclusive heritage of the
Filipino nation. They should, therefore, be preserved for
those under the sovereign authority of that nation and
for their posterity."
CA 141, which blocked out the right of aliens from
acquiring property by reciprocity; previously granted
them by the Public Land Act No. 2874 sections 120 and
121, further supports this.
The Supreme Court affirmed the act of the Register of
Deeds in denying the registration of Krivenko’s land,
and established itself as a landmark case when
addressing the issue of foreign ownership of lands
within the jurisdiction of the Philippines.
HALILI V. CA
FACTS:
Simeon de Guzman, American citizen, died intestate
and the ownership of his land went to Helen, his wife.
Helen then executed a deed of quitclaim and
assignment of rights and titles over six (6) parcels of
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land in favor of David Rey, her son. David Rey then sold
the lands to Emiliano Cataniag.
Petitioners, adjoining lot owners, questioned the
validity and constitutionality of the conveyances.
RULING:
In fine, non-Filipinos cannot acquire or hold title to
private lands or to lands of the public domain, except
only by way of legal succession
But what is the effect of a subsequent sale by the
disqualified alien vendee to a qualified Filipino citizen?
This is not a novel question. Jurisprudence is consistent
that “if land is invalidly transferred to an alien who
subsequently becomes a citizen or transfers it to a
citizen, the flaw in the original transaction is considered
cured and the title of the transferee is rendered valid.”
REPUBLIC V. IAC
DOCTRINE: A conveyance of a residential lot to an alien
prior to his acquisition of Filipino citizenship is valid.
FACTS:
Chua Kim (aka Uy Teng Be) was the adopted son of
Gregorio Reyes Uy Un. Lot 1 and 2 were sold to
Gregorio by the Manosca spouses, and Lot 549 by
Marquez spouses. When Gregorio died, Uy Teng Be
took possession of the property. The 3 subject lands
later became subject of a compromise agreement in
litigation in Quezon City, and the court finds that Chua
Kim has established his registrable title over the
property. The Solicitor General challenged the
correctness of the order. The CA affirmed the CFI’s
decision, hence this appeal.
The Republic's theory is that the conveyances to Chua
Kim were made while he was still an alien, i.e., prior to
his taking oath as a naturalized Philippine citizen on
January 7, 1977, at a time when he was disqualified to
acquire ownership of land in the Philippines hence, his
asserted titles are null and void.
27
RULING:
The conveyances were made before the 1935
Constitution went into effect: at a time when there was
no prohibition against acquisition of private agricultural
lands by aliens. Gregorio Reyes Uy Un therefore
acquired good title to the lands thus purchased by him,
and his ownership was not at all affected either:
i. By the principle subsequently enunciated in
the 1935 Constitution that aliens were
incapacitated to acquire lands in the
country, since that constitutional principle
has no retrospective application, or
ii. By his and his successor's omission to
procure the registration of the property
prior to the coming into effect of the
Constitution.
The litigated property is now in the hands of a
naturalized Filipino. A disqualified vendee no longer
owns it. Respondent, as a naturalized citizen, was
constitutionally qualified to own the subject property.
RELLOSA V. GAW CHEE HUN
FACTS:
On 1944, Dionisio Rellosa, a Filipino, sold to Gaw Chee
Hun, a Chinese, a parcel of land with a house erected on
it, located in Manila. Both parties entered into a lease
contract, whereby Rellosa, the vendor, occupied the
land under the condition that Gaw Chee obtains the
approval of the sale by the Japanese Administration.
Gaw Chee did not obtain such approval. Rellosa now
seeks to annul the sale and thelease. Gaw Chee,
meanwhile, contends that such sale was absolute and
conditional, the same not being contrary to law, morals
and public order. He further states that Rellosa is
estopped from asserting his ownership over the land,
after having leased the same from Gaw Chee, and thus,
recognizing Gaw Chee’s title over the property.
RULING:
A party to an illegal contract cannot come into court to
have his illegal objects carried out. This is the doctrine
of In Pari Delicto. Rellosa’s sale of the land to Gaw Chee,
an alien is against the Constitution and is thus illegal.
LTD Notes: cassielawst.blogspot.com
The Commonwealth Act provided that such sale is not
only unlawful but also null and void ab initio, that such
will effect the annulling and cancelling of the title
originally issued, and reverting the property and its
improvements to the State
2. OWNERSHIP
 The law requires both “possession and
occupation” of the land applied for which the
applicant must show by “well-nigh
incontrovertible”
 The Civil Code states that possession is the
holding of a thing or the enjoyment of a right.
Possession always includes the idea of
occupation. It is not necessary that the person
in possession should himself be the occupant.
The occupancy can by held by another in his
name. Without occupancy, there is no
possession.
 Possession, to constitute the foundation of a
prescriptive right, must be a possession UNDER
A CLAIM OF TITLE OR OWNERSHIP or IT MUST
BE ADVERSE.
 An applicant for confirmation of imperfect or
incomplete title must show OCEN possession
and occupation of the property in question,
under a bona fide claim of acquisition or
ownership, since June 12, 1945.
 Acts of possessory character performed by one
who holds the property by mere tolerance of
the owner are clearly not in the concept of the
owner, and such possessory acts, no matter
how long continued, do not start the period of
prescription running.
 Actual possession of land consists in the
manifestation of acts of dominion over it of
such a nature, as a party would naturally
exercise over his own property.
WHAT ARE SOME SPECIFIC OVERT ACTS OF
POSSESSION WHICH MAY SUBSTANTIATE A CLAIM OF
OWNERSHIP
28
 1. Introducing valuable improvements on the
property like fruit-bearing trees;
2. Fencing the area
3. Constructing a residential house thereon; or
4. Declaring the same for tax purposes
 Evidence to be admissible must, however, be
credible, substantial and satisfactory
WHAT ARE INSUFFICIENT PROOFS OF POSSESSION
1. Mere Casual cultivation of portions of the land
by claimant.
 Possession is not exclusive and
notorious so as to give rise to a
presumptive grant from the State.
2. Possession of Other persons in the land applied
for impugns the exclusive quality of the
applicant’s possession.
3. Mere failure of Fiscal representing the State to
cross‐examine the applicant on the claimed
possession.
4. Tax declaration of land sought to be registered
which is not in the name of applicant but in the
name of the deceased parents of an oppositor.
 Possession of applicant is not
completely adverse or open, nor is it
truly in the concept of an owner.
5. Holding of property by mere Tolerance of the
owner.
 Holder is not in the concept of owner
and possessory acts no matter how long
do not start the running of the period of
prescription.
6. Where applicants Tacked their possession to
that of their predecessor‐in‐interest but they
did not present him as witness or when no
proofs of what acts of ownership and
cultivation were performed by the predecessor.
TWO THINGS PARAMOUNT IN POSSESSION
1. There must be occupancy, apprehension or
taking
2. There must be intent to possess
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RULE OF PREFERENCE IN CASE OF CONFLICT OF
POSSESSION
 The present possessor shall be preferred
 If there are two possessors, the one longer in
possession
 If the dates of the possession are the same, the
one who presents a title
 If both possessors have title, the court shall
determine the rightful possessor and owner of
the land
TAX DECLARATIONS AND TAX RECEIPTS
 They are not conclusive proof of ownership, but
have a strong probative value when
accompanied by proof of actual possession, or
supported by other effective proof.
 The voluntary declaration of a piece of property
for taxation purposes manifests not only one’s
sincere and honest desire to obtain title to the
property and announces his adverse claim
against the State and all other interested
parties, but also the intention to contribute
needed revenues to the government.
 Tax declarations and receipts when coupled
with actual possession constitute evidence of
great weight and can be the basis of claim of
ownership through prescription.
 Mere failure of the owner to pay his taxes does
not warrant a conclusion that there was an
abandonment of a right to the property. The
payment of taxes on property does not alone
constitute sufficient evidence of title.
3. CLASSIFICATION OF LAND
29
ONLY ALIENABLE LAND OF THE PUBLIC DOMAIN MAY time make the classifications provided for in this
BE SUBJECT DISPOSITION section, and may, at any time and in a similar manner,
transfer lands from one class to another.
SECTION 2, PUBLIC LAND ACT

“The provisions of this Act shall apply to the
lands of the public domain; but timber and
mineral lands shall be governed by special laws
and nothing in this Act provided shall be
understood or construed to change or modify
the administration and disposition of the lands
commonly called "friar lands" and those which,
being privately owned, have reverted to or
become the property of the Republic of the
Philippines, which administration and
disposition shall be governed by the laws at
present in force or which may hereafter be
enacted.
SECTION 6, PUBLIC LAND ACT:
SECTION 10, PUBLIC LAND ACT
“The words "alienation," "disposition," or
"concession," as used in this Act, shall mean
any of the methods authorized by this Act for
the acquisition, lease, use or benefit of the
lands of the public domain other than timber
or mineral lands.”
 BEFORE THE GOVERNMENT COULD ALIENATE
OR DISPOSE OF LANDS OF THE PUBLIC DOMAIN,
THE PRESIDENT MUST FIRST OFFICIALLY
CLASSIFY THESE LANDS AS ALIENABLE OR
DISPOSABLE, AND THEN DECLARE THEM OPEN
TO DISPOSITION OR CONCESSION.

“The President, upon the recommendation of the

PUBLIC LANDS V. GOVERNMENT LAND
Secretary of Agriculture and Natural Resources, shall
from time to time classify the lands of the public
PUBLIC LAND GOVERNMENT LAND
domain into:
used to describe so includes public land and
o Alienable or disposable
much of the national other lands of the
o Timber, and
domain as have not government already
o Mineral lands
been subjected to reserved or devoted for
and may at any time and in a like manner transfer such
private right or devoted public use or subject to
lands from one class to another, for the purposes of
to public use private right
their administration and disposition.”
SECTION 9, PUBLIC LAND ACT

For the purpose of their administration and disposition,

the lands of the public domain alienable or open to
disposition shall be classified, according to the use or
purposes to which such lands are destined, as follows:
o Agricultural
o Residential, commercial, industrial, or for
similar productive purposes NON-REGISTRABLE PROPERTIES
o Educational, charitable, or other similar
purposes; and 1. PROPERTY OF PUBLIC DOMINION
o Reservations for town sites and for public and
quasi-public uses.
The President, upon recommendation by the Secretary
of Agriculture and Natural Resources, shall from time to
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30
 ARTICLE 420, CIVIL CODE OF THE PHILIPPINES
The following things are property of public
dominion:
(1) those intended for public use, such as
roads, canals, rivers, torrents, ports and
ALIENABLE AND DISPOSABLE LANDS HELD BY
bridges constructed by the state, banks,
GOVERNMENT ENTITIES UNDER SEC. 60 OF CA 141
shores, roadsteads, and others of similar
CANNOT BE ALIENATED WITHOUT APPROVAL OF
character;
CONGRESS
(2) those, which belong to the state,
without being for public use, and are
intended for some public service or for
the development of the national wealth.
 The mentioned properties in Article 420 are
parts of the public domain and are intended for
public use or public service. These are outside
the commerce of men and cannot be an subject
of appropriation.
 Property of public dominion, when no longer
needed for public use or public service, shall
form part of PATRIMONIAL PROPERTY
ART. 421. ALL OTHER PROPERTY OF THE STATE,
WHICH IS NOT OF THE CHARACTER STATED IN
THE PRECEDING ARTICLE, IS PATRIMONIAL
PROPERTY.
ART. 422. PROPERTY OF PUBLIC DOMINION,
WHEN NO LONGER INTENDED FOR PUBLIC USE
OR FOR PUBLIC SERVICE, SHALL FORM PART OF
THE PATRIMONIAL PROPERTY OF THE STATE.
 Property of public dominion, when no longer
needed for public use or public service, shall
form part of the patrimonial property of the
State.
 Public lands become patrimonial property not
only with a declaration that these are alienable
or disposable. THERE MUST ALSO BE AN
EXPRESS GOVERNMENT MANIFESTATION THAT
THE PROPERTY IS ALREADT PATRIMONIAL OR
NO LONGER RETAINED FOR PUBLIC SERVICE OR
THE DEVELOPMENT OF NATIONAL WEALTH
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 Patrimonial properties may be bought or sold or
in any manner utilized with the same effect as
properties owned by private persons.
 Private persons, through prescription, may
acquire patrimonial properties of the State.
 The registration of lands of the public domain
under the Torrens system, by itself, cannot
convert public lands into private lands.
 Jurisprudence holding that upon the grant of
the patent or issuance of the certificate of title
the alienable land of the public domain
automatically becomes private land CANNOT
APPLY TO GOVERNMENT UNITS AND ENTITIES.
 The grant of legislative authority to sell public
lands in accordance with Sec 60 of CA No, 141
does not automatically convert alienable lands
of the public domain into private or patrimonial
lands.
 The alienable lands must be transferred to
qualified private parties, or to government
entities not tasked to dispose public lands,
before these lands can become private or
patrimonial lands.
 Private lands taken by the government for
public use under its own power of eminent
domain become unquestionably part of the
public domain
 Section 85 of PD No. 1529 authorizes the
Register of Deeds to issue IN THE NAME OF THE
NATIONAL GOVERNMENT new certificates of
title covering such expropriated lands.
2. FOREST LANDS
 Large track of land covered with a natural
growth of trees and underbrush; a large wood.
 Private persons cannot own forestlands. Such
lands are not registrable and possession
thereof, no matter how long, cannot convert
31
 the same into private property, UNLESS such
lands are reclassified and considered disposable
and alienable.
 “It is important to preserve the forests for they
constitute a vital segment of any country’s
natural resources. Without trees, watersheds
will dry up; rivers and lakes, which they supply,
are emptied of their contents. The fish
disappear…” (Director of Forestry vs. Munoz)
 Timber licenses, permits and license
agreements are the principal instruments by
which the State regulates the utilization and
disposition of forest resources to the end that
public welfare is promoted. THESE LICENSES
ARE MERELY PRIVILEGE GRANTED BY THE STATE
TO QUALIFIED ENTITIES AND DO NOT VEST IN
THEM A PERMANENT OR IRREVOCABLE RIGHT
TO THE PARTICULAR CONCESSION AREA AND
THE FOREST PRODUCTS THEREIN
 The classification of land is descriptive of its
legal nature, not what it actually looks like. A
forested area classified as forestland of the
public domain does not lose such classification
simply because loggers or settlers may have
stripped it of its forest covers.
3. WATERSHEDS
 Watershed is a land area drained by a stream or
fixed body of water and its tributaries having a
common outline for surface runoff
 Watershed Reservation is a forestland
reservation established to protect or improved
the conditions of the water yield thereof or
reduce sedimentation
 As a matter of general policy, the Constitution
expressly mandates that conservation and
proper utilization of natural resources, which
includes the country’s watershed, be not
subject to registration.
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4. MANGROVE SWAMPS
 Mangrove is a term applied to the type of
forest occurring on tidal flat along the
seacoast, extending along streams where
the water is brackish
 Mangrove swamps are mud flats,
alternately washed and exposed by the tide,
in which grows various kindred plants which
will not live except when watered by the
sea, extending their roots deep into the
mud and casting their seeds, which also
germinates there.
 Mangrove swamps are FORESTAL and NOT
ALIENABLE AGRICULTURAL LAND.
5. MINERAL LANDS
Philippine Mining Act of 1995, Sec. 4 Ownership
of Mineral Resources “
Mineral resources are owned by the State and
the exploration, development, utilization, and
processing thereof shall be under its full control
and supervision. The State may directly
undertake such activities or it may enter into
mineral agreements with contractors. The State
shall recognize and protect the rights of the
indigenous cultural communities to their
ancestral lands as provided for by the
Constitution.”
 Mineral land means any area where mineral
resources are found. Mineral resources, on the
32
 other hand, mean any concentration of
minerals or rocks with potential economic
value.
 Possession of mineral land, no matter how long,
does not confer possessory rights. THUS, A
CERTIFICATE OF TITLE IS VOID WHEN IT COVERS
PROPERTY OF PUBLIC DOMAIN CLASSIFIED AS
MINERAL LANDS. Any title issued over non-
disposable lots, even in the hands of alleged
innocent purchaser for value, shall be cancelled.
 The right to possess or own the surface ground
is separate and distinct from the mineral rights
over the same land. Thus, if a person is the
owner of an agricultural land in which minerals
are discovered, his ownership of such land does
not give him the right to extract or utilize the
said minerals without the permission of the
State to which such minerals belong.
 The land must be either completely mineral or
completely agricultural.
6. NATIONAL PARKS
 National parks are inalienable because it
belongs to the four categories of lands of the
public domain.
 Land reserved for national park CANNOT BE
REGISTERED
 Accordingly, it has been held that where a
certificate of title covers a portion of land within
the area reserved for park purposes, the titles
should be annulled with respect to said portion.
7. FORESHORE LANDS AND RECLAIMED LANDS
 Foreshore land is that strip of land that lies
between the high and low water marks and that
it alternately wet and dry according to the flow
of the tide
 Foreshore areas are that COVERED AND
UNCOVERED by the ebb and flow of the tide.
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 Submerged areas are that PERMANENTLY
UNDER WATER regardless of the ebb and flow
of the tide.
 Foreshore lands are lands of public dominion
intended for public use.
LAND MUST BE ALREADY A&D AT THE TIME OF THE
APPLICATION
 Republic v. Court of Appeals and Naguit:
wherein it was held that Section 14(1) only
required that the land be alienable and
disposable at the time of application for
registration of title is filed
WHAT MAY CONSTITUTE AS SUFFICIENT PROOF TO
ESTABLISH DECLASSIFICATION OF LAND FROM FOREST
TO ALIENABLE OR DISPOSABLE, OR AGRICULTURAL?
1. Presidential proclamation
2. Administrative order issued by the Secretary of
Environment and Natural Resources
3. Executive order
4. Bureau of Forest Development Classification
Map
5. Certification by the Director of Forestry, and
reports of District Forester
6. Investigation reports of Bureau of Land
investigator
7. Legislative act, or by statute
EVIDENCE OF IDENTITY OF THE LAND
WHAT MAY BE PRESENTED AS PROOF OF THE SOUGHT
TO BE REGISTERED?
1. Survey plan in general
2. Tracing cloth plan and blue print copies of plan
3. Technical description of the land
4. Tax declarations
SURVEY PLAN
 A survey plan serves to establish the true
identity of the land to ensure that it does not
overlap a parcel of land or a portion thereof
already covered by a previous land registration,
33
 and to forestall the possibility that it will be
overlapped by a subsequent registration of any
adjoining land.
 A survey plan, standing alone, is not evidence of
title.
 Section 17 of PD 1529 requires that the
application for registration be accompanied
with a survey plan duly approved by the
Director of Land (Regional Technical Director of
the Lands Management Bureau), together with
the applicant’s muniments of title.
 Only the Lands Management Bureau may verify
and approve survey plans for original
registration purposes pursuant to PD No. 239,
dated July 9, 1973. The Land Registration
Authority HAS NO AUTHORITY TO APPROVE
ORIGINAL SURVEY PLANS NOR TO CHECK THE
CORRECTNESS THEREOF.
 The surveyors is duty-bound to find out
themselves who are the occupants and
boundary owners of any land surveyed by them
for purposes of registration.
 The Supreme Court declared that the
submission of the tracing cloth plan is a
statutory requirement of MANDATORY
CHARACTER. However, by virtue of LRA Circular
No. 05-2000, dated March 8, 2000, what is
needed to be forwarded to the LRA is only a
certified copy of the tracing cloth or Diazo
polyester film as approved by the Regional
Technical Director. The original of the said plan,
which is to accompany the application for
original registration, shall be filed and retained
by the Court
 A certified blue print or white print copy of the
plan suffices for registration purposes. The
survey plan of the land and the technical
description thereof, based on an old cadastral
survey, satisfy the technical requirement of the
tracing cloth plan, which is to identify with
certainty the land applied for.
 What defines a piece of titled property is not
the numerical data indicated as the area of the
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land, calculated with more or less certainty
mentioned in the technical description, BUT
THE BOUNDARIES or “METES AND BOUNDS” OF
THE PROPERTY AS ENCLOSING IT AND
SHOWING ITS LIMITS
 In order that natural boundaries of land may be
accepted for the purpose of varying the extent
of the land, the evidence as to such natural
boundaries must be clear and convincing.
JUDGMENT
PARTIAL JUDGEMENT
Section 28. Partial judgment. In a case where
only a portion of the land subject of
registration is contested, the court may render
partial judgment provided that a subdivision
plan showing the contested and uncontested
portions approved by the Director of Lands is
previously submitted to said court
JUDGMENT CONFIRMING TITLE
Section 29. Judgment confirming title. All
conflicting claims of ownership and interest in
the land subject of the application shall be
determined by the court. If the court, after
considering the evidence and the reports of the
Commissioner of Land Registration and the
Director of Lands, finds that the applicant or
the oppositor has sufficient title proper for
registration, judgment shall be rendered
confirming the title of the applicant, or the
oppositor, to the land or portions thereof.
 Section 29 MANDATES the LRA Administrator
and the Director of Lands to submit to the court
all necessary and relevant evidence as well as
34
 reports to aid the court in the determination of
the case.
 The report may include:
o Information about the status of the land
applied for
o Its present classification
o Whether or not the same had been
previously decreed as private property
or patented under the Public Land Act
 The court may also directly require the DENR
and the LRA to submit a report on whether the
subject property has already been registered
and covered by certificates of title.
 Only judgments and processes received by the
Solicitor General bind the government. The
Notice of Appearance shall be addressed to the
OSG. Such notice makes it clear that “only
notices of orders, resolutions, and decisions
served on the SG will bind the party
(government/ agency) concerned
FINALITY OF JUDGMENT
Section 30. When judgment becomes final; duty
to cause issuance of decree. The judgment
rendered in a land registration proceedings
becomes final upon the expiration of 15 days to
be counted from the data of receipt of notice of
the judgment. An appeal may be taken from
the judgment of the court as in ordinary civil
cases.
After judgment has become final and
executory, it shall devolve upon the court to
forthwith issue an order in accordance with
Section 39 of this Decree to the Commissioner
for the issuance of the decree of registration
and the corresponding certificate of title in
favor of the person adjudged entitled to
registration.
 Judgment becomes final after 15 days to be
counted from the date the party concerned has
received notice thereof
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 Upon finality, it devolves upon the land
registration court to issue an order for the
issuance of the decree and the LRA, pursuant to
said order, to issue the corresponding decree of
registration to the person entitled thereto or his
successor-in-interest
 After the ownership has been proved and
confirmed by judicial declaration, NO FURTHER
PROCEEDING TO ENFORCE THE JUDGMENT IS
NECESSARY, except when the adverse or losing
party had been in possession of the land and
the winning party desires to oust him
therefrom.
COURT’S JURISDICTION
 While the judgment of the court becomes final
15 days from the receipt of notice of the
judgment, the court nevertheless retains
jurisdiction over the case until after the
expiration of 1 year from the issuance of the
final decree of registration by the LRA.
 IT IS ONLY AFTER THE DECREE OF
REGISTRATION, WHICH IS THE COPY OF THE
ORIGINAL CERTIFICATE OF TITLE TO BE ISSUED
BY THE REGISTER OF DEEDS, IS ISSUED BY THE
LRA THAT THE DECISION OF THE COURT IS
DEEMED “FINAL”.
 After the land has been registered, the
registration court ceases to have jurisdiction
over it for any purpose and it returns to the
jurisdiction of the ordinary courts of law for all
subsequent purposes.
RES JUDICATA
 Where a judgment on the merits rendered in a
former case is final and executory, and was
rendered by a court of competent jurisdiction,
and that case and the present case involves the
same parties, the same parcels of land and a
similarity of causes of action, present action is
barred by a prior action.
 The fact that the grounds on which the two
cases are predicated are technically at variance
35
 is IMMATERIAL if in substance they aim the
same objective: the recovery of the title and
possession of the same properties.
 A final judgment in an ordinary civil case
determining the ownership of a piece of land is
res judicata in a registration proceeding where
the parties and the property are the same as in
the former case.
 A judgment dismissing an application for
registration of land does not constitute res
judicata, and the unsuccessful applicant, or any
person deriving title from him, may file another
proceeding for the registration of the same
land.
REQUISITES
1. The former judgment must be FINAL
2. It must have been rendered by a COURT
HAVING JURISDICTION of the subject matter
and the parties
3. It must be a JUDGMENT OF THE MERITS
4. The must be, between the first and second
action:
o Identity of parties
o Identity of subject matter
o Identity of cause of action
WHAT MUST A JUDGMENT IN LAND REGISTRATION
PROCEEDINGS CONTAIN?
When judgment is rendered in favor of the plaintiff, the
court shall order the entry of a new certificate of title
and the cancellation of the original certificate and
owner’s duplicate of the former registered owner.
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Section 31. Decree of registration. Every decree
of registration issued by the Commissioner shall
bear the date, hour and minute of its entry, and
shall be signed by him. It shall state whether the
owner is married or unmarried, and if married,
the name of the husband or wife: Provided,
however, that if the land adjudicated by the
court is conjugal property, the decree shall be
issued in the name of both spouses. If the owner
is under disability, it shall state the nature of
disability, and if a minor, his age. It shall contain
a description of the land as finally determined by
the court, and shall set forth the estate of the
owner, and also, in such manner as to show their
relative priorities, all particular estates,
mortgages, easements, liens, attachments, and
other encumbrances, including rights of tenant-
farmers, if any, to which the land or owner's
estate is subject, as well as any other matters
properly to be determined in pursuance of this
Decree.
The decree of registration shall bind the land and
quiet title thereto, subject only to such
exceptions or liens as may be provided by law. It
shall be conclusive upon and against all persons,
including the National Government and all
branches thereof, whether mentioned by name
in the application or notice, the same being
included in the general description "To all whom
it may concern".
WHAT IS A DECREE OF REGISTRATION?
It is a document prepared in the prescribed form by the
LRA Administrator, signed by him in the name of the
court, embodying the final disposition of the land by the
court and such other data found in the record, including
the name and other personal circumstances of the
adjudicate, the technical description of the property,
liens and encumbrances affecting it, and such other
matters as determined by the court in its judgment.
36
WHAT DOES IT COVER?
Only claimed property or a portion thereof can be
adjudicated. A land registration court has no jurisdiction
to adjudge a land to a person who has never asserted
any right of ownership thereof.
WHAT IS THE EFFECT OF A DECREE OF REGISTRATION?
 The decree of registration binds the land, quiets
title, subject only to such exceptions or liens as
may be provided by law.
 It is conclusive upon all persons including the
national government and all branches thereof.
And such conclusiveness does not cease to exist
when the title is transferred to a successor.
 Title once registered cannot be impugned,
altered, changed, modified, enlarged or
diminished, except in a direct proceeding
permitted by law
STEPS OF DECREE OF REGISTRATION
1. Issuance of decree of registration
2. Administrator sends copy thereof, under seal of
office, to the Register of Deeds of the province
where the land lies
3. Register of Deeds transcribes the decree in the
“Registration Book” in consecutive order
 The entry made by the Register of Deeds in said
book constitutes the original certificate of title
and is signed by him and sealed with the seal of
his office.
 Entry in the proper registry and the issuance of
the corresponding certificate of title
presupposes that the applicant is the owner and
proprietor of the realty he seeks to register
DUTY OF THE LRA ADMINISTRATOR
 THE DUTY OF THE LRA ADMINISTRATOR IS
MINISTERIAL AND HE IS ACTING UNDER THE
ORDERS OF THE COURT. The decree must be in
conformity with the decision of the court and
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with the data found in record, and the
Administrator has no discretion on the matter.
 If the Administrator is in doubt upon any point
in relation to the preparation and issuance of
the decree, it is his duty to refer the matter to
the court. He acts as an official of the court and
not as an administrative official, and his act is
that act of the court.
WHAT ARE THE EFFECTS OF THE ENTRY OF THE DECREE
OF REGISTRATION IN THE NATIONAL LAND TITLES AND
DEEDS REGISTRATION AUTHORITY?
1. This serves as the reckoning date to determine
the 1‐year period from which one can impugn
the validity of the registration
2. 1 year after the date of entry, it becomes
incontrovertible, and amendments will not be
allowed except clerical errors. It is deemed
conclusive as to the whole world.
3. Puts an end to litigation.
 THE LAND BECOMES A REGISTERED LAND ONLY
UPON TRANSCRIPTION OF THE DECREE IN THE
ORIGINAL REGISTRATION BOOK BY THE
REGISTER OF DEEDS, AND NOT ON THE DATE OF
ISSUANCE OF THE DECREE.
 A land registration court has NO JURISDICTION
to order the registration of land already
decreed in the name of another in an earlier
land registration case. A second decree for the
same land would be null and void, since the
principle behind original registration is to
register the parcel of land only once.
 An application for registration of an already
titled land constitutes a collateral attack on the
existing title, which is not allowed by law.
 Cadastral courts have limited jurisdiction to
correct technical errors or determine which of
several conflicting titles should prevail.
 A decree of registration cannot be issued until
after judgment becomes final. Execution
pending appeal is, therefore, not applicable in
land registration proceedings.
37
  Under the Torrens System of registration, the
Torrens title becomes indefeasible and
incontrovertible ONE YEAR FROM ITS FINAL
DECREE.
DOCTRINE OF NON-COLLATERAL ATTACK
A decree of registration and registered title cannot be
impugned, enlarged, altered, modified, or diminished
either in collateral or direct proceeding, after the lapse
of one year from the date of its entry.
DIRECT ATTACK V. COLLATERAL ATTACK
DIRECT ATTACK COLLATERAL ATTACK
The issues are raised in a It is made when, in
direct proceeding in an another action to obtain
action instituted for that a different relief, an
purpose. attack on the judgment
is made as an incident in
said action. e.g. Torrens
title is questioned in the
ordinary civil action for
recovery of possession
CERTIFICATE OF TITLE
 A certificate of title serves as evidence of an
indefeasible and incontrovertible title to the
property in favor of the person whose name
appears therein. After lapse of one year, title to
such property can no longer be contested.
 Transcript of the decree
 Accumulates in one decree a precise and
correct statement of the exact status of the fee
simple title which an owner possesses
 Evidence of the title which the owner has
 What appears on the face of the title is
controlling on questions of ownership sicne the
certificate of title is an absolute and indeafisible
evidence of ownership of the property in favor
of the person whose name appears therein
 REGISTRATION DOES NOT VEST TITLE: IT IS NOT
A MODE OF ACQUIRING OWNERSHIP. IT DOES
NOT GIVE ANY PERSON ANY BETTER TITLE THAN
WHAT HE LAWFULLY HAS. REGISTRATION IS
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MERELY A SYSTEM OF REGISTRATION OF TITLES
TO LANDS.
 A person dealing with registered land may
safely rely upon the correctness of the
certificate of title issued therefor and the law
will in no way oblige him to go behind the
certificate of title. The validity and correctness
of the title is presumed.
 The rule on the incontrovertibility of a
certificate of title upon the expiration of one
year, after the entry of the decree, DOES NOT
APPLY where an action for the cancellation of a
patent and a certificate of title issued pursuant
thereto is instituted on the ground that they are
null and void because the Director of Lands had
no jurisdiction to issue them at all.
CONTENTS OF A CERTIFICATE OF TITLE
1. Full names of all persons whose interest make
up the full ownership of the land
2. Civil status
3. Names of the respective spouses
4. Citizenship
5. Residence and postal address
PREPARATION OF DECREE AND CERTIFICATE OF TITLE
1. After the judgment directing the registration of
title to land has become final, the court shall,
within fifteen days from entry of judgment,
issue an order directing the Commissioner to
issue the corresponding decree of registration
and certificate of title.
2. The clerk of court shall send, within fifteen days
from entry of judgment, CERTIFIED COPIES OF
THE JUDGMENT and of the order of the court
directing the Commissioner to issue the
corresponding decree of registration and
CERTIFICATE OF TITLE, and a certificate stating
that the decision has not been amended,
reconsidered, nor appealed, and has become
final.
38
 3. Thereupon, the Commissioner shall cause to be
prepared the decree of registration as well as
the original and duplicate of the corresponding
original certificate of title. The original
certificate of title shall be a true copy of the
decree of registration. The decree of
registration shall be signed by the
Commissioner, entered and filed in the Land
Registration Commission.
4. The original of the original certificate of title
shall also be signed by the Commissioner and
shall be sent, together with the owner's
duplicate certificate, to the Register of Deeds of
the city or province where the property is
situated for entry in his registration book.
 Memoranda of encumbrances not admissible as
proof of the contents of the registered
documents. The said notations or memoranda
are, at most, proof of the existence of the
transaction and judicial orders noted therein,
and a notice to the whole world of such facts.
 Where two certificates of title are issued to
different persons covering the same land in
whole or in part, the earlier in date must prevail
as between the original parties.
 And in case of successive registration, the
person holding under prior certificate is entitled
to the land as against the person who relies on
the second certificate.
 Mere issuance of a certificate of title does not
foreclose and action to test its validity. If a
person obtains a title, which includes mistake or
oversight, lands, which cannot be registered
under the Torrens system, he does not, by
virtue of said certificate alone, become the
owner of the land illegally included.
ENTRY OF OCT
ISSUANCE OF THE OWNER’S DUPLICATE
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Section 40. Entry of Original Certificate of
Title. Upon receipt by the Register of Deeds of
the original and duplicate copies of the
original certificate of title the same shall be
entered in his record book and shall be
numbered, dated, signed and sealed by the
Register of Deeds with the seal of his office.
Said certificate of title shall take effect upon
the date of entry thereof. The Register of
Deeds shall forthwith send notice by mail to
the registered owner that his owner's
duplicate is ready for delivery to him upon
payment of legal fees.
 The OCT is issued for the first time after initial
registration proceedings
 OCT shall be the true copy of the decree of
registration
 Upon receipt of the RD of the original and
duplicate copy of the certificate of title, he shall
enter the same in the record book and shall be
numbered, dated and signed and sealed with
the seal of his office
Section 41. Owner's duplicate certificate of
title. The owner's duplicate certificate of title
shall be delivered to the registered owner or
to his duly authorized representative. If two
or more persons are registered owners, one
owner's duplicate certificate may be issued
for the whole land, or if the co-owners so
desire, a separate duplicate may be issued to
each of them in like form, but all outstanding
certificates of title so issued shall be
surrendered whenever the Register of Deeds
shall register any subsequent voluntary
transaction affecting the whole land or part
thereof or any interest therein. The Register
of Deeds shall note on each certificate of title
a statement as to whom a copy thereof was
issued.
 Shall be delivered to the registered owner or his
duly authorized representative
39
  If 2 or more persons are registered owners, one
owner’s duplicate may be issued for the whole
land
 If the 2 co-owners desire, a separate duplicate
may be issued to each of them in like form but
all outstanding certificates so issued shall be
surrendered whenever the RD shall register any
subsequent voluntary transaction affecting the
whole land or part thereof or any interest
therein
Section 42. Registration Books. The original
copy of the original certificate of title shall be
filed in the Registry of Deeds. The same shall
be bound in consecutive order together with
similar certificates of title and shall constitute
the registration book for titled properties.
CADASTRAL REGISTRATION PROCEEDINGS
WHAT IS CADASTRAL REGISTRATION?
A proceeding in rem, initiated by the filing of a petition
for registration by the government, not by the persons
claiming ownership of the land subject thereof, and the
latter are, on the pain of losing their claim thereto, in
effect compelled to go to court to make known their
claim or interest therein, and to substantiate such claim
or interest.
The objective of the proceeding is the adjudication of
title to the lands or lots involved in said proceeding.
NATURE AND PURPOSE
 Upon the initiative of the government
 To have titles to all lands in the stated area
adjudicated
 Public interest demands that titles to any
unregistered land settled and adjudicated
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 The principal aim is to settle as much as possible
all disputes over the land and to remove all
clouds over the land titles as far as practicable,
in a community
 Nature of a proceeding in rem
PROCEDURE (NN-CPP-AHDI)
1. Notice of cadastral survey published once in the
Official Gazette and posted in a conspicuous
place; and copy furnished the mayor and
barangay captain
2. Notice of date of survey of the Land
Management Bureau and posting in bulletin
board of the municipal building of the
municipality or barrio, and shall mark the
boundaries of the lands by monuments set up
in proper places
3. Cadastral Survey
 In the opinion of President pursuant to
requirement of public interest, title of
land within a specified area needs to be
settled and adjudicated
 Orders Director of Lands to make
survey and plan
 Director gives notice to persons
claiming interest in lands and to general
public of day of survey published in the
Official Gazette and posted in
conspicuous place on lands to be
surveyed
 Geodetic engineers commences survey
 During survey, boundaries are marked
by monuments
4. Filing of petition
 After survey and plot been made,
Director of Lands represented by Sol
Gen institutes cadastral proceeding by
filing petition in court against holders,
claimants, possessors, occupants
 Parcel of lots given their cadastral
numbers
 Petition shall contain:
o Description of the lands
40
 o Accompanied by a plan
o Other data as to facilitate
notice to all occupants and
persons having claim
o The parcels shall be called lots
and shall be given cadastral lot
numbers on the plan
5. Publication, mailing, and posting
 Court to order date of hearing
 LRA to notify public by publishing notice
once in the Official Gazette and once in
a newspaper of general circulation &
copy mailed to person whose address is
known & other copies posted in
conspicuous place designated by law
6. Filing of answer
 Any person claiming interest in any part
of lands subject to petition is required
to file answer
 Answer must give the following:
o Age of claimant
o Cadastral number of lot claimed
o Name of barrio or municipality
where lot is located
o Name of owners of adjoining
lots
o If in possession & w/out grant –
no. of years in possession and
the manner in w/c it has been
acquire, and the length of time
during which the predecessor
held possession
o If not in possession – state
interest claimed by him and the
time and manner of his
acquisition
o Assessed value
o Any encumbrance affecting said
lots and the names of adverse
claimants
7. Hearing of the case
 In any convenient place where land lies
 Like an ordinary RTC trial
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 Conflicting claims are determined
 Lots claimed are awarded to persons
entitles, if they could prove title
 If none could prove title, land is
declared public domain
8. Decision
 Claimants are notified of decision
 In the absence of successful claimants,
the property shall be declared as public
land.
9. Issuance of decree of certificate of title
 Upon order of court, LRA to enter
decree of registration
 Decree made basis for issuance of OCT
 Decree is now being directly prepared
and issued on regulation forms of such
certificate
ACTIONS TAKEN IN CADASTRAL PROCEEDING
 Adjudicates ownership in favor of one of the
claimants
 Declaration by the court that the decree is final
and its order for the issuance of the certificates
of title by the Administrator of the LRA
 Devolves upon the LRA; to issue decrees of
registration pursuant to final judgments of the
courts in land registration proceedings
 Land already titled cannot be the subject of a
cadastral proceeding. A registration court has
no jurisdiction to decree again a registration of
land already decreed in an earlier land
registration case and a second decree for the
same land is null and void
 The court has no power in a subsequent
proceeding to adjudicate the same title in favor
of another person. Furthermore, the
registration book is a standing notice to the
world that said property is already registered
 Jurisdiction of the cadastral court over
previously titled lands is limited to the
correction of technical errors in the description
of the land
41
  The judgment in a cadastral proceeding, the survey
including the rendition of the decree, is a
judicial act. The judicial decree when final is the
basis of the certificate of title. THE ISSUANCE OF
THE DECREE BY THE LRA IS A MINISTERIAL ACT.
 As a general rule, registration of title under the
cadastral system is final, conclusive and
indisputable, after the lapse of the period
allowed for an appeal.
 The mere fact that there has been delay in the
issuance of the corresponding certificate of title
pursuant to a decree of registration in a
cadastral case will not render inefficacious the
decision rendered by the court on account of
prescription or laches

WHEN DOES TITLE TO LAND IN A CADASTRAL CASE

VESTED?

Upon the promulgation of the order for the issuance of

the decree, the land, for all intents and purposes, had
become from that time registered property which
couldn't be acquired through adverse possession

ORDINARY PROCEEDINGS V. CADASTRAL PROCEEDING

ORDINARY CADASTRAL
PROCEEDING PROCEEDING
Party who Party claiming Director of
initiates the ownership Lands
proceeding
Subject matter Private land Unregistered
land
Prayer of Title be issued Order
application in his name adjudication to
persons who
really are
entitled to the
property
Person or party Applicant Claimant ahead
to present presents of the
evidence evidence first government-
those who filed
the answer
What is Filing Filing of an
important opposition answer
Who conducts applicant Government
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42
REGISTRATION OF PATENTS
Section 103. Certificates of title pursuant to
patents. Whenever public land is by the
Government alienated, granted or conveyed to
any person, the same shall be brought forthwith
under the operation of this Decree. It shall be the
DUTY OF THE OFFICIAL ISSUING THE
INSTRUMENT OF ALIENATION, GRANT, PATENT
OR CONVEYANCE IN BEHALF OF THE
GOVERNMENT TO CAUSE SUCH INSTRUMENT TO
BE FILED WITH THE REGISTER OF DEEDS OF THE
PROVINCE OR CITY WHERE THE LAND LIES, and
to be there registered like other deeds and
conveyance, whereupon a certificate of title shall
be entered as in other cases of registered land,
and an owner's duplicate issued to the grantee.
The deed, grant, patent or instrument of
conveyance from the Government to the grantee
shall not take effect as a conveyance or bind the
land but shall operate only as a contract between
the Government and the grantee and as
evidence of authority to the Register of Deeds to
make registration. It is the act of registration that
shall be the operative act to affect and convey
the land, and in all cases under this Decree,
registration shall be made in the office of the
Register of Deeds of the province or city where
the land lies. The fees for registration shall be
paid by the grantee. After due registration and
issuance of the certificate of title, such land shall
be deemed to be registered land to all intents
and purposes under this Decree.
SCOPE OF SEC. 103
 The instruments mentioned in this section
whereby public lands are alienated, granted or
conveyed are instruments transferring
ownership and not just mere documents of
lease or transferring mere possession
 Provision directs the issuance to the grantee of
an owner’s duplicate certificate
 After due registration and issuance of the
certificate of title, the land shall be deemed
LTD Notes: cassielawst.blogspot.com
registered land for all intents and purposes
under the Property Registration Decree
 Public land patents when duly registered are
veritable Torrens title subject to no
encumberances except those stated therein,
and those specified by the statute.
 They become private property which can no
longer be the subject of subsequent disposition
by the Director of Lands
 Where disposable public land is granted by the
government by virtue of a public land patent,
the patent is recorded and the corresponding
certificate of title is issued to the grantee,
thereafter, the land is automatically brought
within the operation of PD1529, entitled to all
the safeguards of a veritable Torrens title. Upon
the expiration of 1 year from its issuance, the
certificate of title shall become irrevocable and
indefeasible like a certificate issued in a
registration proceeding
 A certificate of title issued pursuant to a patent
has the force and effect of a torrens title issued
through judicial registration proceedings
 But a land registration court which has validly
acquired jurisdiction over a parcel of land for
registration of title cannot be divested of said
jurisdiction by a subsequent administrative act
consisting in the issuance by the Director of
Lands of a homestead patent covering the same
parcel of land
Public Lands suitable for agricultural purposes are
disposed as follows:
1. Homestead settlement;
2. Sale;
3. Lease;
4. Confirmation of imperfect title or incomplete
titles either by judicial or administrative
legalization; or
5. Free title
PATENTS UNDER PUBLIC LAND ACT
43
A patent grants the patent holder the exclusive right to not of lawful within 5 years
exclude others from making, using, importing, and age who is from the date of
selling the patented innovation for a limited period of head of a the award; Shall
family may have
time.
purchase established
public actual
agricultural occupancy,
KIND OF TO WHOM REQUIREMENTS land of not cultivation and
PATENT GRANTED more than 12 improvement of
Homestead To any Filipino Does not own hectares at least 1/5 of
Patent Citizen over more than 24 the land until
the age of 18 hectares of land the date of such
years or head in the final payment
of a fami Philippines or Special Patent To non- Sec. of the DILG
has not had the Christian shall certify that
benefit of any Filipinos under the majority of
gratuitous Sec. 84 of the the non-
allotment of Public Land Act Christian
more than 24 inhabitants of
hectares; Must any given
have resided reservation
continuously for have advanced
at least 1 year in sufficiently in
the municipality civilization
where the land
is situated; PD 1529 V. PUBLIC LAND ACT
Must have
PD 1529 PUBLIC LAND ACT
cultivated at
There exists a title which The presumption always
least 1/5 of the
is to be confirmed by is that the land applied
land applied for
the court for pertains to the State,
Free Patent To any Natural Does not own
and that the occupants
Born Citizen of more than 12
and possessors claim an
the Philippines hectares of land
interest only in the same
; Has
by virtue of their
continuously
imperfect tile or
occupied and
continuous, open, and
cultivated,
notorious possession
either by
The court may dismiss The court has
himself or his
the application of the jurisdiction or proper to
predecessors-
applicant with or adjudicate land in favor
ininterest
without prejudice to the of any of the conflicting
tract/s of
right to file a new claimants
agricultural
application for the
public land
registration of the same
subject to
land
disposition
Only risk that an The applicant runs the
Sales Patent Citizens of the To have at least
applicant runs is to have risk of losing the land
Philippines of 1/5 of the land
his application denied applied for
lawful age or broken and
Vests in the Director of
such citizens cultivated
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44
 Lands and Secretary of  Were purchased by the government for sale to
DENR the authority to actual occupants under the provisions of Act
dispose and manage 1120 or the Friar Lands Act
public lands
 These lands are not public lands but private and
patrimonial lands of the government
ACQUISITION OF PATENTS
 The LMB shall first issue a certificate stating
1. Succession
therein that the government has agreed to sell
(a) By descent -- Title is acquired when an heir
the land to such settler or occupant
succeeds the deceased owner whether by
 The latter shall then accept the certificate and
testate or intestate
agree to pay the purchase price so fixed, in
(b) By devise -- Person acquires land from one
installments and at the rate of interest specified
who may or may not be a relative, if he is
in the certificate
named in the deceased’s will as devisee for
 The conveyance or certificate of sale executed
such property.
in favor of a buyer is a conveyance of ownership
2. Prescription
of the property, subject only to the resolutory
 Possession of land for required number
condition that the sale may be cancelled if the
of years and assertion of ownership
price agreed upon is not paid in full
through an uninterrupted actual
possession of property within the
LANDS NOT SUBJECT TO ALIENATION
period of time prescribed by law (Arts.
712, 1134, 1137).
LANDS WITHIN MILITARY RESERVATION
DIRECT SALE
 Pursuant to RA 274, lands within military
 RA 730 allows the direct sale of public lands for
reservations when declared by the President as
residential purposes to qualified applicants
no longer needed for military purposes may be
under certain conditions
subdivided by the Director of Lands and
 To be qualified, the applicant must be—
thereafter sold to persons qualified to acquire
o Be a Filipino citizen of legal age
agricultural public lands under the Public Land
o Must not be the owner of a home lot in
Act, with priority given to bona fide occupants
the municipality or city in which he
and then to war veterans
resides
 The area shall be determined by the Director of
o Have established in good faith his
Lands according to the nature of the land, the
residence on a parcel of public land
number of prospective applicants, and the
which is not needed for public service
purposes for which it will be utilized
o Have constructed his house and actually
resided therein
 If the applicant complies with the above, he is
LANDS FOR EDUCATIONAL, CHARITABLE, AND OTHER
given preference to purchase at a private sale
SIMILAR PURPOSES
not more than 1000 sq.m. of land at a price to
 Under Chapter 10 of the Public Land Act, lands
be fixed by the Director of Lands
for said purposes may be sold or leased, under
 RA 730 merely provides an exception to
the same conditions as the sale or lease of
Sections 61 and 67 of CA 141
agricultural public lands, for the purpose of
founding a cemetery, church, college, school,
SALE OF FRIAR LANDS
university, or other institutions for educational,

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45
 charitable, or philanthropical purposes or
scientific research, the area to be such as may
actually and reasonably be necessary to carry
out such purposes
 The Secretary of DENR may order the sale to be
made without public auction, at a price fixed by
him
RESERVATIONS
 Chapter 12 of Public Land Act
 Upon the recommendation of the Secretary of
DENR, the President may designate by
proclamation any tract/s of land of the public
domain as reservations for the use of the RP or
any of its branches, or of the inhabitants
thereof, in accordance with the regulations
prescribed for this purpose, or for quasi-public
uses or purposes when the public interest
requires it
 A certified copy of this proclamation shall be
forwarded to the RD of the province or city
where the land lies
 Upon receipt of such copy, the Director of Lands
shall order the immediate survey of the
proposed reservation if the land has not been
yet surveyed, and as soon as the plat has been
completed, he shall proceed in accordance with
the next following section
 The tract/s reserved shall be non-alienable and
shall not be subject to any occupation, entry,
sale, lease, or other disposition until again
declared as alienable and disposable
CERTIFICATE OF TITLE ISSUED PURSUANT TO A PATENT
INDEFEASIBLE
 Once the patent is registered and the
corresponding certificate of title is issued, the
land ceases to be part of the public domain and
becomes private property over which the
Director of Lands has neither control nor
jurisdiction
LTD Notes: cassielawst.blogspot.com
 Partakes of a nature of a certificate of title
issued through judicial proceeding
 It has in its favor the presumption of regularity
 It becomes incontrovertible upon the expiration
of 1 year from the date of the order for issuance
of the patent, hence, prescription cannot
operate against the registered owner
PROHIBITION AGAINST ALIENATION OF LANDS
ACQUIRED UNDER THE HOMESTEAD AND FREE
PATENT PROVISIONS
 Section 116. Except in favor of the Government
or any of its branches, units or institutions, or
legally constituted banking corporations, lands
acquired under the free patent or homestead
provisions shall not be subject to encumbrance
or alienation from the date of the approval of
the application and for a term of five years from
and after the date of issuance of the patent or
grant, nor shall they become liable to the
satisfaction of any debt contracted prior to the
expiration of said period; but the improvements
or crops on the land may be mortgaged or
pledged to qualified persons, associations, or
corporations.
 Section 119. Except with the consent of the
grantee and the approval of the Secretary of
Agriculture and Natural Resources, and solely
for commercial, industrial, educational, religious
or charitable purposes or for a right of way, no
corporation, association, or partnership, may
acquire or have any right, title, interest, or
property right whatsoever to any land granted
under the free patent, homestead or individual
sale provisions of this Act or to any permanent
improvement on such land.
 Section 120. No land originally acquired in any
manner under the provisions of this Act, nor
any permanent improvement on such land,
shall be encumbered, alienated, or transferred,
except to persons, corporations, associations, or
partnerships who may acquire lands of the
public domain under this Act; to corporations
46
 organized in the Philippine Islands authorized
therefor by their charters, and upon express
authorization by the Philippine Legislature, to
citizens of countries the laws of which grant to
citizens of the Philippine Islands the same right
to acquire, hold, lease, encumber, dispose of, or
alienate land, or permanent improvements
thereon, or any interest therein, as to their own
citizens, only in the manner and to the extent
specified in such laws, and while the same are
in force, but not thereafter
 Section 122. Any acquisition, conveyance,
alienation, transfer, or other contract made or
executed in violation of any of the provisions of
sections one hundred and sixteen, one hundred
and eighteen, one hundred nineteen, one
hundred and twenty, and one hundred and
twenty-one of this act shall be unlawful and null
and void from its execution and shall produce
the effect of annulling and canceling the grant,
title, patent, or permit originally issued,
recognized, or confirmed, actually or
presumptively, and cause the reversion of the
property and its improvements to the
Government
 Section 122(A). The provisions of sections
twenty three, twenty four, thirty four, fifty
seven, one hundred and twenty, and one
hundred and twenty-one of this Act, and any
other provisions or provisions restricting or
tending to restrict the right of persons,
corporations, or associations to acquire, hold,
lease, encumber, dispose of, or alienate land in
the Philippines, or permanent improvements
thereon, or any interest therein, shall not be
applied in cases in which the right to acquire,
hold or dispose of such land, permanent
improvements thereon or interests therein in
the Philippine Islands is recognized by existing
treaties in favor of citizens or subjects of foreign
nations and corporations or associations
organized and constituted by the same, which
right in so far as it exists under such treatise,
LTD Notes: cassielawst.blogspot.com
shall continue and subsist in the manner and to
the extent stipulated in said treaties, and only
while these are in force, but not thereafter.
PROHIBITION STARTS FROM DATE OF APPROVAL UP
TO 5TH YEAR FROM ISSUANCE OF PATENT
POLICY OF THE LAW
 To conserve the land which a grantee has
acquired under the Public Land Act for him and
his heirs
 To give the patentee a place where to live with
his family so he may become a happy citizen
and useful member of the society
APPROVAL OF SECRETARY MERELY DIRECTORY
 Its absence doesn’t invalidate any alienation,
transfer or conveyance of the homestead after
5 years and before the 25- year period
REPURCHASE BY APPLICANT OR HIS HEIRS
 Sanctioned by Section 119 of the Public Land
Act
 The right to repurchase attaches to every
alienation and encumbrance, and that right can
be exercised even in the absence of any
stipulation in the deed of sale
 To give the homesteader or patentee every
chance to preserve for himself and his family
the land that the state had gratuitously given to
him as a reward for his labor in cleaning and
cultivating it
 The five-year period starts from the date of
execution of the deed of sale, and not from the
date of registration in the office of the RD. This
is true even if the full payment of the purchase
price is not made on the date of conveyance
unless there is stipulation to the contrary
REGISTRATION UNDER THE INDIGENOUS PEOPLES
RIGHTS ACT
 RA No. 8371
 Indigenous Peoples Right Act of 1997
47
  October 29, 1997
 The law allows indigenous peoples to obtain
recognition of their right of ownership over
ancestral lands and ancestral domains by virtue
of NATIVE TITLE.
CONSTITUTIONAL PROVISION
Section 5, Article XII, 1987 Constitution
The State, subject to the provisions of this
Constitution and national development policies
and programs, shall protect the rights of
indigenous cultural communities to their
ancestral lands to ensure their economic, social,
and cultural well-being.
The Congress may provide for the applicability
of customary laws governing property rights or
relations in determining the ownership and
extent of ancestral domain.
IPRA DOES NOT VIOLATE THE REGALIAN DOCTRINE
 Case: Cruz vs. Secretary of Environment and
Natural Resources
 Under the IPRA, ancestral lands and ancestral
domains are not deemed part of the lands of
the public domain BUT ARE PRIVATE LANDS
BELONGING TO ICCs/IPs who have actually
OCCUPIED, POSSESSED, and UTILIZED THEIR
TERRITORIES UNDER A CLAIM OF OWNERSHIP,
SINCE TIME IMMEMORIAL.
 The Court thus laid down the principle of a
certain title held:
o As far back as testimony or memory
went
o Under a claim of private ownership as
presumed to never have been public
land
ANCESTRAL DOMAIN
 Refer to all areas generally belonging to
[Indigenous Cultural Communities] ICCs/IPs
LTD Notes: cassielawst.blogspot.com
COMPRISING LANDS, INLAND WATERS,
COASTAL AREAS, AND NATURAL RESOURCES
THEREIN, HELD UNDER A CLAIM OF
OWNERSHIP, OCCUPIED OR POSSESSED BY
ICCS/IPS, BY THEMSELVES OR THROUGH THEIR
ANCESTORS, COMMUNALLY OR INDIVIDUALLY
SINCE TIME IMMEMORIAL, CONTINUOUSLY TO
THE PRESENT except when interrupted by war,
force majeure or displacement by force, deceit,
stealth or as a consequence of government
projects or any other voluntary dealings
entered into by government and private
individuals/corporations, and which are
necessary to ensure their economic, social and
cultural welfare
 It shall include ancestral lands, forests, pasture,
residential, agricultural and other lands
individually owned whether alienable and
disposable or otherwise, hunting grounds,
burial grounds, worship areas, bodies of water,
mineral and other natural resources, and lands
which may no longer be exclusively occupied by
ICCs/IPs but from which they traditionally had
access to for their subsistence and traditional
activities, particularly the home ranges of
ICCs/IPs who are still nomadic and/or shifting
cultivators.”
 The law’s concept of ancestral domains,
therefore, transcends physical and residential
territories to include areas of spiritual, cultural
and traditional practices.
ANCESTRAL LANDS
 Ancestral lands, which are part of ancestral
domains, are defined in the same Act as lands
“OCCUPIED, POSSESSED AND UTILIZED BY
INDIVIDUALS, FAMILIES AND CLANS WHO ARE
MEMBERS OF THE ICCS/IPS SINCE TIME
IMMEMORIAL, by themselves or through their
predecessors-in-interest, under claims of
individual or traditional group ownership,
continuously, to the present except when
interrupted by war, force majeure or
48
 displacement by force, deceit, stealth or as a
consequence of government projects and other
voluntary dealings entered into by government
and private individuals/corporations, including,
but not limited to, residential lots, rice terraces
or paddies, private forests, swidden farms and
tree lots.
ICCs/ IPs
 It refers to that group of peoples or
homogenous societies who have continuously
lived as organized community on communally
bounded and defined territory, and who have,
under claims of ownership since time
immemorial, occupied, possessed, and utilized
such territories, sharing common bonds of
language, customs, traditions, and other
distinctive cultural traits, or who have, through
resistance to political, social, and cultural
inroads of colonization, non- indigenous
religions and culture, became historically
different from the majority of Filipinos.
NATIVE TITLE
It refers to pre-conquest rights to lands and domains
which, as far back as memory reaches, have been held
under a claim of private ownership by ICCs/IPs, have
never been public lands and are thus indisputably
presumed to have been held that way since before the
Spanish conquest.
ANCESTRAL DOMAINS AND LANDS ARE NOT PART OF
PUBLIC DOMAIN
Under the IPRA, ancestral domains and land are not
deemed part of the lands of the public domain but are
PRIVATE LANDS belonging to ICCs/IPs who have actually
occupied, possessed, and utilized their territories under
a claim of ownership since time immemorial.
ICCs/IPs’s RIGHTS OVER ANCESTRAL DOMAINS ARE
RECOGNIZED THOUGH CADTs
LTD Notes: cassielawst.blogspot.com
 The Certificate of Ancestral Domain Title is
evidence of private ownership of land by native
title.
 The IPRA categorically declares ancestral lands
and domains held by native title as NEVER TO
HAVE BEEN PUBLIC LAND
 Domains and lands held under native title are,
therefore, indisputably presumed to have never
been public land and are private.
 CADT is merely a formal recognition of the
rights of ICCs/IPs’ rights of possession and
ownership over their ancestral domain
identified and delineated in accordance with
the IPRA.
RIGHTS OF ICCs/IPs WITH RESPECT TO NATURAL
RESOURCES
 The ICCs/IPs have priority rights in the
harvesting, extraction, development, or
exploitation of any natural resources within the
ancestral domains.
 A non-member of the ICCs/IPs concerned may
be allowed to take part in the development and
utilization of the natural resources for a period
of NOT EXCEEDING 25 YEARS, RENEWABLE for
not more than 25 years
HOW ARE ANCESTRAL LANDS CLASSIFIED UNDER IPRA?
 For purposes of registration, the individually-
owned ancestral lands are classified as alienable
and disposable land of the public domain,
provided, they are agricultural in character and
are actually used for agricultural, residential,
pasture, and tree farming purposes
 These lands shall be classified as public and
agricultural lands regardless of whether they
have a slope of 18% or more.
RIGHTS TO ANCESTRAL LANDS
49