LAND, TITLES AND DEEDS REVIEWER
By: Ira Kim Victoria
Regalian Doctrine
- all lands of whatever classification and other natural resources not otherwise
appearing to be clearly within private ownership belong to the State
- unless alienated in accordance with law, the state retains basic rights over the
dominium (needs express declaration from the congress that it is no longer
needed for public use or development of national wealth - manifesting that
the property is patrimonial)
- DOES NOT negate “native title” - Indigenous Peoples Rights of 1997 (time
immemorial occupation of their lands)
Jura Regalia
- generated from the regalia doctrine
- private title to land must be traced to some grant, express or implies, from the
Spanish Crown or its successors, the American Colonial government, and
thereafter, the Philippine Republic
- refers to royal rights
- the state is the original proprietor of all lands and, as such, is the general source of
all private titles; thus, all claims of private title to land, save those acquired from
native title must be traced from some grant, whether express or implied, from the
state
1987 Constitution
- except for agricultural lands of the public domain which alone may be alienated,
forest or timber or mineral lands, as well as all other natural resources must remain
with the state, the exploration, development and utilization of which shall be
subject to its full control and supervision albeit allowing it to enter into co-
production, joint venture or production-sharing agreements, or into agreements
with foreign-owned corporations involving technical or financial assistance for
large-scale exploration, development and utilization
- the applicant shoulders the burden of overcoming the presumption that the land
sought to be registered from part of the public domain is warranted whenever a
portion of the public domain is in danger of ruthless exploitation, fraudulent
titling, or other questionable practices
Types of lands:
1. Agricultural
2. Timber or forest
3. Minera lands
4. National parks
*land cannot be partly mineral and partly agricultural - must be decided upon
Doctrine of indefeasibility
- the certificate of title is indefeasible and imprescriptible and all claims to the
parcel of land are quieted upon issuance of said certificate (except if the land
being claimed falls under inalienable lands)
- final, irrevocable and indisputable (general rule)
Torrens system
- under governmental authority, to establish and certify to the ownership of an
absolute and indefeasible title to realty, and to simplify its transfer
- Title is perfect, absolute and indefeasible (general rule)
Purpose of the Torrens system
- to quiet title to land, to put a stop forever to any question of the legality of the title
except claims which were noted t the tome of registration, in the certificate, or
which may arise subsequently thereto
- a centralized recording system
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- presumption of being the real owner unless otherwise proven (with actual
knowledge)
Mirror doctrine
- every person dealing with registered land may safely rely on the correctness of the
certificate of the title issued therefor and is no way obliged to go beyond the
certificate to determine the condition of the property
- except: banking institution (highest form of integrity and performance)
Curtain doctrine
- one does not hav ego backtrack each and every title (presumed to be regular)
- continuation of the mirror doctrine
Rule on Double Registration
- the owner of the earliest certificate is the owner of the land
- the vendee of the earlier certificate would be the owner as against the vendee of
the owner of the later certificate
Title vs. Certificate of Title
Title -constitutes a just cause of exclusive possession, or which is the foundation of
ownership of property
Certificate of title - mere evidence of ownership; it is not the title to the land itself
Public land vs government land
Public land- lands that are thrown open to private appropriation and settlement by
homestead and other like general laws
Government land- lands of the government already reserved or devoted to public use
or subject to private right (part if the “public lands” and other real estate which is not
a part thereof)
Lands of the public domain for public or quasi-public purposes
- may be made upon recommendation of the Secretary of the DENR, the President
may make such proclamation
- For the purposes when public interest requires it, including reservations for
highways, rights of way for railroads, hydraulic power sites, irrigation systems,
communal pastures, public parks, public quarries, public fishponds, workingmen’s
village and other improvements for the public benefit
Land registration act
- simply confirmed a title already created and vested
- the court of land registration has exclusive jurisdiction over all the applications
for registration with power to hear and determine all questions arising upon such
applications
- final decrees are regarded as indefeasible and could not be reopened EXCEPT that
any person deprived of land or any estate or interest therein through fraud may
file in the RTC a petition for review within one year AFTER the entry of the
decree, provided that the land has not been transferred to an innocent purchaser
for value
Cadastral act
- issuance of decrees for the basis of issuance of the certificate of title, which as the
same effect as a certificate of title granted under the Property Registration Decree
Process under the cadastral act (with conflicting parties)
1. In the opinion of the President, the public interest requires that the title of ANY
lands be settles and adjudicated
2. President shall order the Director of Lands to make a survey of the land WITH
notice to all persons claiming an interest therein
3. The Director of Lands - represented the the Solicitor General will file a petition
4. The petition shall state that the public interest requires that the titles of such lands
be settled and adjudicated
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5. Notice of the filing of the petition - published twice successively in the issues of
the Official Gazette
6. Shall be adjudicated by the court and decided upon
7. Decree will be awarded to party entitled to the land (decrees for the basis of
issuance of the certificate of title)
Process under the cadastral act (registration)
1. Go to the bureau of lands - to conduct a survey
2. The survey will be forwarded to the LRA
3. The LRA will forward the same (together with a decree) to the Registry of Deeds
of they municipality where the property is located (if there is no RD in the
municipality -to the fiscal with the original title and decrees)
4. The RD will issue a certificate based from the decree with the LRA
Property Registration Decree
-RTC of the city or province where the land lies and, in proper cases, first level
courts, exercise jurisdiction over applications for registration and all subsequent
proceedings relative thereto, subject to judicial review
Process for application for registration:
1. Application- RTC
2. Set date and time for hearing
3. Give a public notice
4. File opposition- if there are any
5. Court hears the case
6. Award to the rightful owner
7. LRA prepares original and duplicate of title - after the judgment becomes final
8. Send to the RD
Functions of the Land Registration Authority (LRA)
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 ten government
2. Extend assistance to courts in ordinary and 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 LRA administrator:
1. Issue decrees or registration pursuant to final judgment of the courts in the land
registration proceedings and cause the issuance by the RD of the corresponding
certificates of title
2. Exercise supervision and control over all RD and other personnel of the
Commission
3. Resolve cases elevated en consulta by, or on appeal from the decision of, RD
4. Exercise executive supervision over all clerks of court and personnel of the RTC
with respect to the discharge of their duties and functions in relation to the
registration of lands
5. Implement all orders, decisions and decrees promulgated relative 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 titles under Act No. 496 except those covered by P.D.
957
LRA administrator = RTC judge
- his functions are plainly executive and subject to the president’s power of
supervision and control
- can be investigated and removed only by the president and NOT by the Supreme
Court
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LRA decrees are ministerial
- 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 on record
- they have no discretion on the matter
- IF they are in doubt upon any point in relation to the preparation and issuance of
the decree, it is their duty to refer the matter to the court
- cannot be compelled by mandamus to comply with the order of the court for the
issuance of new certificate of title where there are existing transfer certificates
of title covering the subject parcels of land and there are no reasons to question
the rights of those requesting for the issuance of the new titles
Registration
- the ministerial act by which a deed, contract, or instrument is inscribed in the
records of the Office of the Register of Deeds and annotated on the back of the
TCT covering the land subject of the deed, contract, or instrument
- creates a constructive notice to the whole world and bins third person
- records solemnly and permanently the right of ownership and other real rights
- the 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
- no deed, mortgage, lease or other 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 (if the sale is not registered- binding only
between the seller and the buyer and it does not affect innocent third persons)
Ownership priority: (does not apply if the property is NOT registered in the
Torrens system)
1. First registration if good faith
2. The first possessor in good faith
3. The buyer in good faith presents the oldest title
Registry of Deeds
- public repository of records of instruments affecting registered or unregistered
lands and chattel mortgages in the province or city wherein such office is situated
- quasi-judicial function
- ministerial in nature (RD may not validly refuse to register a deed of sale
presented to him for registration
- the law DOES NOT require that only valid instruments shall be registered
(questions regarding the invalidity of the instruments are expected to be decided
AFTER registration)
- it is NOT the duty of the RD to decide the validity of the instrument but of the
courts
General rule:
- RD cannot refuse to register an instrument (his refusal to do so is tantamount to an
unlawful neglect in the performance of a duty resulting from an office, trust or
station = remedy is mandamus)
Exceptions: (justified circumstance in denying registration)
1. Where there are several copies of the title but only one is presented with the
instrument to reregistered (OCT/TCT and duplicate of the original must contain
identical entries of the transactions)
2. Where 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 lands and
validity of the conveyance are in issue
4. Where required certificates or documents are not submitted
Doubtful questions of the RD (whether or not the instrument is valid)
1. When the RD is in doubt with regard to the proper step to betaken or
memorandum to be made in pursuance of any deed, mortgage or other instrument
presented to him for registration; or
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2. Where any party in interest do not agree with the action taken by him with Proof that land is alienable and disposable for the purposes of registration
reference to any such deed or instrument - prevailing doctrine that to successfully register a parcel of land, the application
- such officer shall certify the question to the LRA Administrator who shall, after must be accompanied by:
notice and hearing, enter an order prescribing the step to be taken on the doubtful
question 1. a CENRO or PENRO certification stating the alienable and disposable character
of the land applied for;
Notice to the RD and the adverse party 2. a copy of the original classification approved by the DENR Secretary and
- when a writ of preliminary induction in a cadastral proceeding is dissolved = the certified as a true copy by the legal custodian of the official records
registration of the deed of sale is removed BUT the court shall notify the RD and the
Public dominion vs. Patrimonial property
adverse party first, where the dismissal of the cadastral case is not yet final
Public dominion- intended for public use or for public service or for the development
of national wealth
REGISTRATION UNDER THE PROPERTY REGISTRATION DECREE
Patrimonial property- no longer intended for pubic use or for public service or
development of national wealth (must be expressly declared by the congress as such)
Persons who may apply for registration and the conditions necessary for
registration: (Section 14, PD 1529)
Requirements for registration under Sec. 14(1) of PD 1529:
1. Those who by themselves or through their predecessors-in-interest have been in
1. The applicant, by himself or through his predecessor-in-interest, has been in
open, continuous, exclusive and notorious possession and occupation of
possession and occupation of the property subject of the application
alienable and disposable lands of the public domain under a bona fide claim of
2. The possession and occupation must be open, continuous, exclusive and
ownership since June 12, 1945 or earlier (computation includes the period of
notorious
adverse possession PRIOR to the declaration that land is alienable and
3. The possession and occupation must be under a bona fide claim of acquisition
disposable; land should be declared as alienable and disposable at the time of
of ownership
application for registration of title is filed - necessary to dispute the presumption
4. The possession and occupation must have taken place since June 12, 1945 or
that the land is inalienable; occupation = manifestation of acts of dominion over
earlier
it of such nature as a party would naturally exercise over his own property)
5. The property subject of the application must be an agricultural land of the public
2. Those who have acquired ownership of private lands by prescription under the
domain (aka alienable and disposable land of the public domain)
provisions of existing laws (GF: 10 years; BF- 30 years)
3. Those who have acquired ownership of private lads or abandoned river beds by
Requirements for registration under Sec. 14 (2) of PD 1529:
right of accession or accession under the existing laws
1. The land is an alienable and disposable, and patrimonial property of the
4. Those who have acquired ownership of land in any other manner provided for by
public domain
law

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2. The applicant and its predecessor-in-interest have been in possession of the land
for at least 10 years in good faith and with just title, or for at least 30 years,
regardless of good faith or just title (will only be interrupted by judicial
summons and not by mere adverse claims)
3. The land had already been converted to or declared as patrimonial property of
the State at the beginning of the said 10 year or 30 year period of possession
- the requirement if an “express declaration” is separate and distinct from the mere
classification of public land as alienable and disposable
Ownership of abandoned river beds by right of ACCESSION: (avulsion)
1. The change must be sudden in order that the old river may be identified
2. The changing of the course must be more or less permanent and not
temporary overflowing of another’s land
3. The change of the river must be a natural one
4. There must be definite abandonment by the government (if the government
shortly after the change decides and actually takes steps to bring the river to its
old bed = no abandonment)
5. The river must continue to exist, that is, it must not completely dry up or
disappear
- soil cannot be identified
- belongs to tech owner of property to which it is attached
Ownership by right of ACCRETION along river banks: (alluvium)
1. That the deposit be gradual and imperceptible
2. That it be made through the effects of the current of the water
3. That the land where accretion takes place is adjacent to the banks of rivers
- identifiable or verifiable
- belongs to the owner from whose property it was detached (2 years prescription)
- NOT automatically registered because which received such accretion is covered
by a Torrens title - it must also be placed under the operation of the Torrens
system
*dried up river beds = belong to the state, not the riparian owner, unless a law vests
the ownership in some other person
Special patent
- a form of land grant whereby the government, by an act of Congress or executive
order, conveys land in full ownership to the grantee without regard to its
classification
- the republic may grant the beneficial use of its real property to an agency or
instrumentality of the national government BUT the government remains the
owner of the real property
JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLES
Two modes of disposing public lands through confirmation of imperfect or
inclement titles:
1. By judicial confirmation
2. By administrative legislation, otherwise known as the grant of free patents
By judicial confirmation:
- may apply to the RTC of the province or city where the land is located for
confirmation of their claims and the issuance of title therefor
1. Those who by themselves or through their predecessors in interest have been in
open, continuous, exclusives and notorious possession and occupation of
alienable and disposable lands of the public domain, under a bona fide claim of
acquisition of ownership, since June 12, 1945, EXCEPT when prevented by war
or force manure. These shall be conclusively presumed to have performed all the
conditions essential to a Government grant and shall be entitled to a certificate of
title
2. Members of the national cultural minorities who by themselves or through
their predecessors-in-interest have been in open, continuous, exclusive and
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 notorious, possession and occupation of alienable and disposable lands of the
public domain, under a bona fide claim of ownership, since June 12, 1945
* alienable and disposable at the time of filing fo registration
REGISTRATION UNDER THE INDIGENOUS PEOPLES RIGHTS ACT
Ancestral domain vs. Ancestral land
Ancestral domain- Refers to all areas generally belonging to ICCs/IPs, subject to
property rights within ancestral domains already existing and/or vested upon the
effectivity of the Act, 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 voluntary dealings entered into by the
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.
Ancestral land- Refers to land, subject to property rights within the ancestral
domains already existing and/or vested upon effectivity of the Act, 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
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.
Recognition of Ancestral Domain and Land Rights
- native title to ancestral domains and lands may be formally recognized or
established through the issuance of corresponding Certificate of Ancestral Domain
Title (CADT) or Certificate of Ancestral Land Title (CALT)
- Areas and resources in the domains are deemed destroyed if on account of the
activity conducted or applied:
1. The area or resource could no longer serve its normal or natural functions;
2. That the area or resource is used in a manner not consistent with customary laws
or agreements of the indigenous peoples concerned;
3. That the area or resource is used or gathered in a wasteful or excessive manner
resulting to irreversible loss or irreparable damage.
Registration of CADTs and CALTs:
1. The NCIP, through the Ancestral Domains Office (ADO), shall register the
CADTs and CALTs with the RD of the place where the properties are located (or
the awardees themselves may personally do the registration)
- the recording of the CADTs and CALTs in the RD does not result in the issuance
of a Torrens Certificate of Title (TCT) issued through regular registration
proceedings
- purpose of registration = apprise the public the fact of recognition by the NCIP of
specific claims to portions of ancestral domains or ancestral lands
Modes of acquisition of ancestral domains or ancestral lands:
1. By native title over the ancestral lands and domains
2. By Torrens Title under the Public Land Act or the Property Registration Decree
with respect to ancestral lands only
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Indigenous Peoples’ Rights Act (IPRA) converts ancestral land as public
agricultural land for registration purposes
- there is no need to secure a separate certification that the ancestral land is
alienable and disposable in character
- it is sufficient that the land is duly identified, delineated and certified as such
Requirements for registration:
1. The applicant is a member of an indigenous cultural group
2. He must have been in possession of an individually-owned ancestral land for not
less than 30 years immediately preceding the approval if the Act on October 29,
1997
3. By operation of law (IPRA), the land is already classified as alienable and
disposable, even if it has a slope of 18% or over, hence, there is no need to
submit a separate certification that the land has been classified as alienable and
disposable
Effect of Registration
- valid and indefeasible
- generally conclusive evidence of ownership
- shall not be subject to collateral attack nor can it be impugned, altered, changed,
modified, enlarged, or diminished EXCEPT in a direct proceeding permitted by
law
- land shall not be subject to any burden EXCEPT those noted on the certificate
Transfer of land or property rights: (subject to the following limitations)
1. Only to the members of the ICCs/IPs
2. In accord with customary laws and traditions
3. Subject to the right of redemption of the ICCs/IPs for a period of 15 years if the
land was transferred to a non-member of the ICCs/IPs, under the terms of the
law
Registration Requirements for Indigenous Peoples Organizations (IPO): for the
purpose of acquiring legal personality
The application for registration shall be filed with the concerned NCIP Provincial
Office with the following attachments:
1. Duly accomplished NCIP Registration Form;
2. List of Officers/Leaders;
3. Petition/Resolution signed by authorized officers/or members;
4. Written accounts of organizational decision-making processes;
5. Written commitment to recognize and assert customary laws and decision-
making by consensus.
6. List of authorized representatives of the ICC/IP community;
7. Written accounts of the ICCs/IPs customs and traditions;
8. Written accounts of the ICCs/IPs political structure and institutions;
9. Written accounts of community decision-making processes;
10. Anthropological data; and
11. Genealogical surveys.
- The National Commission on Indigenous Peoples (NCIP) Provincial Officer
shall :
12. evaluate and field validate the authenticity of the IPO
13. submit a report of the same including the IPO’s application for registration to the
NCIP Regional Director who shall, within 15 days issue the Certificate of
Registration
14. the NCIP Regional Director shall furnish the National Office updated lists of all
such organizations registered by them
Resolution of conflicts on Ancestral lands/domain, formulation of policies,
issuance or rules and regulations
- NCIP is vested with jurisdiction over all claims and disputes involving the rights
of ICCs/IPs
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- NNCIP has been granted administrative, quasi-legislative and quasi-judicial
powers to carry out its mandate
FORMS AND CONTENTS DEALING WITH LAND
Requisite steps in bringing land under the Torrens system:
1. Survey of land by the Lands Management Bureau or a duly licensed private
surveyor
2. Filing of application for registration by the applicant
3. Setting fo the date for the initial hearing of the application by the court
4. Transmittal of the application and the date of initial hearing together with all the
documents or other evidence 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 news paper if general circulation
6. Service by mailing of notice upon contiguous owners, occupants and those
known to have interests in the property
7. Posting by the sheriff of the nature in a conspicuous place on the land and in
the bulletin board of the municipal building or city where the land is situated
8. Filing of answer to the application by any person whether named in the notice
or not
9. Hearing of the case by the court
10. Promulgation of judgment by the court
11. Issuance of an order forth issuance of a decree declaring the decision final and
instructing the Land Registration Authority to issue the decree of confirmation
and registration
12. Entry of the decree of registration to the corresponding Register of Deeds
13. Transcription of the degree of registration in the registration book and the
issuance of the owner’s duplicate original certificate of title to the applicant
by the Register of Deeds, upon payment of they prescribed fees
*failure to comply with the requirements = will justify the court to deny the
application for registration
Application for registration:
1. shall be in writing
2. signed by the applicant or the person duly authorized in his behalf
3. sworn to before any officer authorized to administer oaths for the province or
city where the application was actually signed
- if there are more than one applicant = the application shall be signed and sworn to
by in and in behalf of each
Contents of the application for the registration: (Section 15, PD 1529)
1. Full description of the land as evidence by a survey plan duly approved by the
Director of Lands, surveyor’s certificates and technical description
2. Citizenship and civil status of the applicant, whether single or married, and, if
married, the name of the wife or husband, if the marriage has been legal
dissolved, when and how the marriage relation terminated
3. Full names and addresses of all occupants of the land and those of the
adjoining owners, if known, and, if now known, it shall state the extent of the
search made to find them
4. Assessed value of the land and buildings and improvement thereon
5. Whether or not there are mortgages or encumbrances of any kind whatsoever
affecting the land, or any other person having any interest therein, legal or
equitable, or in possession, thereof
6. The manner by which the applicant has acquired the land (Sec 14, (D 1529)
7. Whether or not the property is conjugal, paraphernalia or exclusive property
of the applicant
8. Names of all occupants of the land, if any
9. Original muniments of the title and other related documents supporting
applicant’s claim of ownership
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10. If the land is bounded by a public or private way or road, whether or not the
applicant claims any and what portion of the land within the limits of the way or
road, and whether the applicant desires ti have the line of they way or road
determined
Form of the application for registration:
1. The application shall be in accordance with the prescribed form in Sec 15 of PD
1529 and should state the full name of the applicant, his civil status, citizenship,
residence and postal address, and if a minor, his age. If the applicant is married,
the applicant should state the name of his spouse and whether the property
applied for registration is conjugal or exclusive property of the applicant. If the
marriage has been legally dissolved, when and how the marriage relation
terminated. The application should also state the names and addresses if all the
occupants of the land and those of the adjoining owners, if known and if not
known, it shall state the extent of tech search made to find them
2. That the application be subscribed by the applicant or the person duly authorized
in his behalf, and sworn to before any officer authorized to administer oaths for
the province or city where the application was actually signed. Should there be
more than one applicant, the application shall be signed and sworn to by and in
behalf of each
3. That the application and its accompanying papers be filed in triplicate which
shall be distributed as follows: the original for the Clerk of Court, the duplicate
for the Land Registration Authority, and the triplicate for the Solicitor General
4. That the prior to the filing of the application, the applicant had furnished the
Director of Lands (now, Regional Executive Director of the DENR), with a copy
of the application and its annexes
The application shall be accompanied by the following documents:
1. The original plan in tracing cloth or Diazo polyester film duly approved by the
Regional Technical Director, Land Management Service if the DENR, a certified
copy of the same by the Clerk of Court shall be attached to the duplicate records
and forwarded to the LRA. Where in lieu thereof, a true copy of the original plan
in tracing cloth or Diazo Polyester film is submitted, the Clerk of Court shall see
to it that the same is properly attested and duly certified correct by the Regional
Technical Director concerned or the official authorized should sign the plan for
the Regional Technical Director. All bearings, distance and the technical
descriptions of the lands appearing in the plan must be legible. Such true copy
shall be duly certified as a faithful reproduction by the Clerk of Court shall be
forwarded to the LRA
2. The white and 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
4. The original and two copies of the Geodetic Engineer’s certificate or, in lieu
thereof, a certification from the Regional Technical Director as to its non-
availability
5. A certificate in triplicate of the Provincial, City or Municipal Assessor of the
assessed value of the land at its last assessment for taxation or, in the absence
thereof, that of the next preceding year. In case the land has not been assessed, an
affidavit in triplicate (judicial form no. 81) of the market value of the land signed
by three disinterested witnesses
6. All original muniments of title of the applicant which prove his ownership of the
land. This requirement is not mandatory as long as the documents can be
produced before the court during the hearing whenever required or necessary
- under an LRA circular - the original tracing cloth plan is no longer forwarded to
the LRA = only a CTC thereof is forwarded
- the original tracing cloth is no simply attached to the original record and
retained by the court where it may then be marked and formally offered in
evidence during the proceeding
*if the applicant is a non-resident = SPA
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*application of two or more parcels of land = allowed if they are situated within the
same province or city
*amendments - allowed at any stage of the proceedings upon just and reasonable
terms (if substantial = publications and notice requirement as in an original
application needed)
Submission of subdivision plan:
1. If the opposition or adverse claim covers only a portion of the lot applied for
which is not delimited on the plan accompanying the application
2. In case of undivided co-ownership, conflicting claims of ownership or
possession, or overlapping of boundaries
NOTICE AND PUBLICATION (Sec 23)
- the court shall, within 5 days from the filing of the application, issue an order
setting the date and hour of the initial hearing which shall not be earlier than 45
days nor later than 90 days of the date of the order
Notice of the initial hearing of the application of lan registration by means of:
1. Publication
2. Mailing
3. Posting
Publication
1. Upon receipt of the order of the court setting the time for the initial hearing, the
Commissioner of Land Registration cause notice of initial hearing to be
publishes once in the Official Gazette and once in a newspaper or general
circulation the Philippines (the publication in the OG shall be sufficient to confer
jurisdiction upon the court)
2. 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 who it may
concern”
3. Notice shall require all persons concerned to appear in court at a certain date
and time ti show cause why the prayer of said application should not be granted
(be given the chance to oppose)
Mailing
1. Mailing of notice to persons named in the application
A. The commissioner of Land Registration - within 7 days after publication of
notice in the OG shall send a copy of the note of initial hearing to be mailed
to every person named in the notice whose address is known
B. Mailing of notice to the Secretary of Public Highways, the Provincial
Governor and its 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 notice of initial hearing to be mailed to the Secretary of
Public Highways, the Provincial Governor and its Mayor of the municipality
or city, as the may be, in which the land lies
C. Mailing of notice 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 ir
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 that the application or
the proceedings that a tenant-farmer or the national government may
have a claim adverse to the applicant the Commissioner of Land
Registration shall send a copy of the notice of initial hearing
Posting
1. The Commissioner of Land Registration - cause a duly attested copy of the
notice of initial hearing
2. Posted by the sheriff of the province or city, as the case may be, or by his deputy
3. It shall be posted in a conspicuous place in each parcel of land included in the
application and also in a conspicuous place on the bulletin board of the
Page 11 of 29
 municipal building of the municipality or city in which the land or portion
thereof is situated
4. It shall be posted at least 14 days before the date of initial hearing
*The court may also cause not to be served to such other persons and in such manner
as it may deem proper
Proof or publication and notice
- the certification of the Commissioner of Land Registration and of the sheriff
concerned that notice official hearing has been effected, as required by law, shall
be filed in the case before the date of the initial hearing = conclusive proof of
publication and notice
OPPOSITION TO APPLICATION IN ORDINARY PROCEEDINGS
Requisites:
1. The opposition 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. He should indicate the desired relief
4. The opposition should be signed and sworn to by him or his duly authorized
representative
*unverified oppositions = sufficient to confer standing in court to opposites who may
be allowed to verify their oppositions later on, especially where said defect is
deemed waived by the applicant’s failure to invoke care requirement seasonably
*written appearance with opposition presented by petition = considered valid and
sufficient give him a legal standing in court and entitle him to notice, as a natter of
right
Persons deemed to have legal standing to file opposition:
1. A homesteader who has not yet been issued his title but has fulfilled all the
conditions required by law for the issuance of patent
2. A purchaser friar land who is deemed to have an equitable title to the land even
before they 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 hi to comply with the requirements for the
issuance of patent
4. A person claiming to be in possession of the land and has applied with the Land
Management Bureau for its purchase
*a mere public lad applicant under any mode of disposition under the Public Land
Act = cannot be a proper party to oppose an application for registration under the
Torrens system since by filing his application with the Land Management Bureau, he
recognizes the character of the land as public land and no as private property
*only the government - through the Solicitor General may properly interpose its
opposition following the principle that all lands and other natural resources are
owned by the State = a private Persia may not oppose an application for registration
on behalf of the government on the ground that the land belongs to the government
*the burden of overthrowing the presumption of State ownership belongs to the
registration applicant
Opposition by the government
- the government, acting through the OSG, is invariability represented by the
Director of Lands or the Director of Forestry as public opposition in all land
registration and related proceeding
- absence of opposition by the government does not justify outright registration
*failure to appear on the day of initial hearing = not a ground for default where
opposition or answer had been filed - improper for the court to declare the opposition
in default simply because he failed to appear on the day set for the initial hearing
Page 12 of 29
*government may appeal despite failure of agency to file opposition - because the
government is not estopped by the mistake or error of its officials or agents
*defense of res judicata may be waived if not set up in a motion to dismiss
Order of default
1. No person appears and answers within the time allowed
2. Court upon motion of the application
3. Order a default to be recorded
4. Require that the applicant to present evidence
*where an appearance has been entered and an answer filed = default order shall be
entered against persons who did not appear and answer
*order of default may be lifted = if for the interest of substantial justice and the
speedy determination of the controversy
*party in default can appeal judgment = on the ground that plaintiff failed to prove
tech material allegations of the complaint, or that the decision is contrary to law,
even without need of the prior filing of a motion to set aside the order of default
Hearing
- all registration proceedings are disposed of within 90 days from the date they case
is submitted for decision
Citizenship Requirement
- aliens cannot own lands (unless by hereditary succession)
- a natural born citizen who has lost his citizenship may be a transferee of private
land (area limitations: 5,000 sq m in the case of urban land or 3 hectares in the
case of rural land to be used by him for business or other purposes)
- capacity to own land is determined as of the time of its acquisition and not
registration
- aliens may lease private lands
- foreigners are allowed ti purchase condominium units
- donation in favor of a religious corporation controlled by non-Filipinos not
registrable
- a corporation sole is vested with a right to purchase and hold real estate and to
register the same in trust for the faithful or members of the religious society or
church for which the corporation was organized (the owner of the properties that
he may acquire but merely the administrator thereof - the properties will be passed
on to his successor in office)
The following may acquire private lands:
1. Filipino citizens
2. Filipino corporations and associations as defined in Section 2, Article 12 of the
Constitution; and by exception
3. Aliens, by hereditary succession
4. A natural-born citizen of the Philippines who has lost his citizenship, subject to
limitations provided by law
NON-REGISTRABLE PROPERTIES
The following things are property of public dominion:
1. Those intended for public use, such as roads, canals, rivers, torrents, ports and
bridges constructed by the State, banks, shores, roadsteads and other similar
character
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 following waters found on private lands belong to the state:
1. Continuous and intermittent waters rising on such lands
2. Lakes and lagoons naturally occurring on such lands
3. Rain water falling on such lands
4. Subterranean or ground waters
5. Water in swamps and marshes
Page 13 of 29

*banks of rivers and streams and the shores of the sea and lakes throughout their
entire length and within the following zones:
1. 3 meters in urban areas
2. 20 meters in agricultural areas
3. 40 meters in forest areas
- along their margins, are subject to the easement for public use in the interest of
recreation, navigation, float age, fishing and salvage
- no person shall be allowed to stay in this zone longer than what is necessary for
their activity or build structures of any kind
*right of way cannot be titled
Specific Evidence of ownership
1. Land must be classified as alienable and disposable (upon registration)
2. Certification by the DENR Regional Technical Director verifying that land is
alienable and disposable = substantial compliance with the legal requirements
(CENRO or PENRO stating the same is not enough)
Evidence deemed insufficient to show classification and release of land as
alienable and disposable:
1. Mere recommendation by the District Forester fir release of subject property
from the unclassified region
2. Conversion of subject matter into fishpond by the applicants, or the alleged
titling of properties around it does not automatically covert into alienable and
disposable (applicant’s remedy = lies in the release of the property from its
present classification)
3. The existence of a survey plan of mangrove swamps approved by the Director of
Lands does not have the effect of converting the mangrove swamps, as forest
lans, into agricultural lands (it is the Director of Forest Development who had
the authority to determine whether forest land is more valuable for agricultural
rather than forestry uses, as a basis for its declaration as agricultural land and
release for private ownership)
4. The cadastral survey of a municipality (it merely identifies each lot preparatory
to a judicial proceeding for adjudication of title to any of the lands upon claim of
interested parties)
5. Certification made by minor functionaries who what Eno authority whatever in
the classification of lands
*failure to pay taxes does not alone constitute abandonment of property
*tax declarations and tax receipts are not conclusive proof of ownership but are good
indication of possession
*separate judgment to enforce judgment is not necessary in land registration
proceedings (after the ownership has been proved and confirmed by judicial
declaration, no further proceeding to enforce the judgment except when losing party
had been in possession of the land and the winning party desires to oust him) - the
motion to enforce judgment does not apply to special proceedings
*upon finality of judgment = court will order for the issuance of a decree and the
LRA must issue the corresponding decree of registration to the person entitles
*court retains jurisdiction until after final entry of decree (1 year after entry fo
final decree)
Writ of possession may be issued in the following instances:
1. In a land registration proceeding (in rem)
2. In an extrajudicial foreclosure of a realty mortgage
3. In a judicial foreclosure of mortgage, a quasi in rem proceeding, provided that
the mortgagor is in possession of the mortgages realty and no third person, not a
party to the foreclosure suit, had intervened
4. In execution of sales
Writ if possession will not be issued:
Page 14 of 29
1. when it has already been issued at the instance of the applicant or his successors,
who hold transfer certificates if title
2. When the persons against whom it is sought to be issued have occupied the
premises after the final decree was issues, and have not taken direct part as
opponents in the registration proceedings where said final decree was issued
* actual possession under claim of ownership raises a disputable presumption of
ownership - must resort to judicial process
* Writ of mandamus = to compel the trial court to issue writ of possession to the
party entitled thereto
* Refusal to vacate = contempt
DECREE REGISTRATION (Sec 31):
1. Shall bear the date, hour and minute of its entry
2. Administrator shall sign the same
3. Shall state whether the owner is married or unmarried (if married: shall state the
name of the husband or wife - if the land is adjudicated by the court is conjugal
purport = the decree shall be issues in the name of both spouses)
4. If the owner is under disability - shall state the nature of disability
5. If a minor state the age
6. It shall have a description of the land as finally determined by the court - shall
state forth the state of the owner (in such a manner as to shop 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 owners’ estate is subject, and any other matters properly to be determine din
the decree)
- the decree registration shall bind the land and quiet the title (subject to exceptions
and leans as provided by law)
- conclusive upon and against all persons, including the national government and all
its branches (whether mentioned by name in the dare or not because it is addressed
as “tow him it may concern”)
- land only becomes registered land upon transcription of the decree
- cadastral court has no jurisdiction to decree again land already decreed un a
precious registration case -second decree is null and void (an application for
registration of an already titled land constitutes collateral attack on the existing
title = not allowed by law)
- corrections by the courts cannot impair the substantial rights of the owner
- decree cannot be issues until after judgment becomes final (execution pending
appeal is not applicable in land registration proceedings)
- certificate of title becomes indefeasible one year from the issuance of the decree
REMEDIES (to question the validity of judgement)
1. Motion for new trial (based on FAME or new found evidence)
2. Appeal (ordinary appeal, petition for review or appeal by certiorari)
3. Motion for reconsideration (based on FAME or new found evidence)
4. Petition for relief of judgment (relief from denial of appeal)
5. Petition for annulment of judgment (action for reversion)
6. Petition for review of decree of registration
requisites:
A. Petitioner must have an estate or interest in the land
B. He must show actual fraud in the procurement of the decree registration
(extrinsic fraud)
C. Petition must be filed within 1 year from the issuance of the decree by
the LRA
D. The property has not yet passed to an innocent purchaser for value
7. Action for damages
8. Petition from compensation from assurance fund (intended to relieve innocent
persons from the harshness of the doctrine that a certificate is conclusive
evidence of an indefeasible title to land)
requisites: (good faith needed)
A. Any person who sustains loss or damage under the following conditions:
- That there was no negligence on his part
Page 15 of 29
 - That the loss or damage sustained was through any omission, mistake or
malfeasance of the court or personnel, or the RD, his deputy, or other
employees of the Registry in the performance of their respective duties
under the provisions of the Land Registration Act, now, the Property
Registration Decree
or
B. Any person who has been deprived of any land or interest therein under
the following conditions:
- That there was no negligence on his part
- That he was deprived as a consequence of the bringing of his land or
interest therein under the provisions of the Property registration Decree; or
by the registration by any other person as owner such land; or by mistake,
omission or misdescription in any certificate of owner’s duplicate, or in
any extra or memorandum in the register or other official book or by any
cancellation
- That he is barred in any way precluded from bringing an action for the
recovery of such land or interest therein, or claim upon the same
9. Action for quieting of title (looks valid but in truth and in fact is not)
10. Action for cancellation of title
11. Criminal prosecution
12. Action for reconveyance (if wrongly registered in the name of the person who
procured the wrongful registration -remedy available even before the issuance
of decree) = may be barred by laches
requisites:
A. The action must be brought in the name of a person claiming ownership
or dominical right over the land registered in the name of the defendant
B. The registration of the land in the name of the defendant was procured
through fraud or illegal means
C. The property has not yet passed to an innocent purchaser for value
D. The action is files after the certificate of title had already become final
and incontrovertible but before 4 years from the discovery of fraud or
not later than 10 years in case of an implied trust (action based on a
void contract = imprescriptible; action where plaintiff is in possession =
imprescriptible; land acquired through public land patents = state not
bound by prescription)
Innocent purchaser for value
- one who buys the property of another without notice that some other person has a
right or interest in it and who pays a full and fair price at the time of the purchase
or before receiving any notice of another person’s claim
- Mirror and curtain doctrine applies (face of the title and no need to look to other
documents and rely on the documents alone)
Good faith: (purchaser)
1. The seller is registered owner if the land
2. He is in possession of the land
3. At the tome of the sale, the buyer was not aware of any claim or interest of
some other person in the property, or of any defect or restriction in the title of the
seller or in his capacity to convey title to the property
*no knowledge
*good faith is a question of fact - burden of proof lies to one who asserts that
purchaser did not act in good faith
- if both parties arena good faith = the law must protect and prefer the lawful holder
of registered title over the transfer of a vendor bereft of any transmissible rights
- if a person happened to obtain the property by mistake or to the prejudice of
another with or without bad faith = the certificate of title which may have issued
to him under the circumstances may and should be cancelled or corrected
Coveat Emptor (buyer beware)
Page 16 of 29
- requires the purchase to be aware of the supposed title of the vendor and one who
buys without checking the vendor’s title takes all the risks and losses consequent
to such failure
- in its exercise - purchasers must check if the seller’s certificate of the title
corresponds to the public record of the certificate in the RD
Innocent Mortgagee for value
- buyer need not look behind the certificate of title I order to determine who is the
actual owner of the land
- where the certificate of title is in the name of the mortgagor when the land is
mortgaged, the innocent for value has the right to rely on what appears on the
certificate of title
- Banking institutions: highest degree of integrity and performance
CADASTRAL REGISTRATION PROCEEDINGS
Cadastral Survey preparatory to filing of petition:
1. When in the opinion of the President of the Philippines public interest so
requires that title to any unregistered lands be settles and adjudicated, he may to
this end direct and order the Director of landsite cause to be made a cadastral
survey of the lands involved and the plans and technical description thereof
prepared in due form
2. Director of lands - give notice to persons claiming any interest in the lands as
well as to the general public
a. Day on which survey will begin
b. Giving as fully and accurately as possible the description of the
lands to be surveyed
c. Notice shall be published once in the OG and a copy of the notice in
English or the national language in a conspicuous place on the bulletin board of the
municipal building of the municipality in which the lands or any portion thereof is
situated
d. Copy of the notice shall also be sent to the mayor of such municipality as
well as to the barangay captain and sangguniang panlalawigan and bayan concerened
3. Geodetic Engineers or the employees of the Bureau of Lands in charge of the
survey - give notice reasonably in advance of the date on which the survey of
any portion of such land begin
a. Notice shall be posted in the bulletin board of the municipal building of the
municipality or barrio in which the lands are situated
b. Shall mark the boundaries of the lands by monuments set up in proper
places thereon
c. It shall be lawful for such Geodetic Engineers and other employees to
enter upon the lands whenever necessary for the purposes of such survey or the
placing of monuments.
4. It is the duty of every person claiming an interest in the lands to be surveyed, or
in any parcel thereof, to communicate with the Geodetic Engineer upon his
request therefor all information possessed by such person concerning the
boundary lines of any lands to which he claims title or in which he claims any
interest
5. Any person who shall willfully obstruct the main of any survey undertake by the
bureau of Lands or by a licensed Geodetic Engineer duly authorized to conduct
the survey or maliciously interfere with the placing of any monument ir remove
such monument or destroy or remove any motive of survey posted on the land
pursuant to law = punished by a fine of not more than 1000 or imprisonment not
more than 1 year or both
Summary:
1. Opinion of the president that public interest requires that title to unregistered
land be settled and adjudicated
2. He may order the Director of Lands to cause to be made a cadastral survey of
lands involved
3. Notice to be published in OG, posted in bulletin board of municipal building;
sent to mayor and all those concerned
Page 17 of 29
4. Geodetic Engineer of the LMB shall give advance notices to all claimants of
dates of survey
Nature and purpose of cadastral registration proceedings:
1. Upon the initiative of the government
2. To have titles to all lands in the stated are adjudicated
3. Public interest demands that titles to any unregistered land settles and
adjudicated
4. 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
5. Proceeding in rem
Proceeding leading through the adjudication of property through cadastral
proceedings:
1. Cadastral survey preparatory to filing a petition
2. Filing of petition for registration
3. Notice of survey
4. Publication - though there is o express mention of any publication requirement
under PD 1529, there has to be mailing, posting and publication following the
Cadastral Registration Law (publication in the oG should be twice under the said
law)
5. Filing of an answer
6. Hearing the petition
7. Judgment
If the land consists of two or more parcels held or occupied by different persons:
1. Plan shall indicate the boundaries or limit of the various parcels as accurately as
possible
2. Parcels shall be known as “lots”
3. Lots shall be given separate numbers on the plan by the Director of Lands -
numbers shall be known as “cadastral numbers”
4. Lots situated within each municipality - be numbered consecutively beginning
with 1, and only one series of numbers shall be used for that purpose in each
municipality (in cities or townsites - by blocks and lot numbers may be
employed instead of the designation by cadastral lot numbers)
5. Cadastral numbers shall not be changed after final decision has been entered -
except by order of curt
6. Future subdivision lots - designated by letter “cadastral letter” (cities or
townsites may designate block and lot numbers)
Filing of petition for land registration
1. Director of Lands through the Solicitor General
2. Shall institute original registration proceedings
What shall the petition contain
1. Description of the lands
2. Accompanied by a plan
3. Other data as to facilitate notice to all occupants and persons having claim
4. The parcels shall be called lots and shall be given cadastral lot numbers on the
plan
- only unregistered lands may be the subject of a cadastral survey
- lands already titled cannot be the subject of cadastral proceedings
- jurisdiction of the cadastral court her previously titled lands limited to the
correction of technical errors in the description of the land
- new titles may be issued for private lands within the cadastral survey
- decision declaring lands as public land not a bar to a subsequent action for
confirmation of title over the same land
- cadastral court has no jurisdiction over a petition for reconstitution
- issuance of writ of possession imprescriptible
Page 18 of 29
 6. Register of Deeds to send notice to registered owner ready for delivery after
payment of fees
7. Register of Deeds shall send duplicate & note on each certificate of title to whom
it is issued
8. Original copy to be filed in Register of Deeds; bound in consecutive order.

Action for Partition, Splitting or Consolidation of Titles:

1. Splitting or consolidation – ordinary – Register of Deeds level, no court
involved
2. Subdivision plan – approval of NHA, final approval of LRA, then Register of
Deeds to issue memorandum that streets not to be disposed except by way of
CERTIFICATE OF TITLE donation to govt. shall be effected without approval of NHA.

Torrens Title Annotations at Back of Certificate – need court order; otherwise null & void
– certificate of ownership issued under the Torrens System of registration by the
government through road naming & declaring owner in fee simple of property SUBSEQUENT REGISTRATION
described therein free from all liens except those expressly noted.
VOLUNTARY DEALINGS WITH REGISTERED LANDS
Process:
1. Within 15 days from finality of order of judgment directing registration of title – Operative Act
court to order Land registration Admin to issue decree of registration and – registration by owner; deed not registered – binding only between parties
certificate of title
2. Clerk of court will send order of court & copies of judgment Process of Registration:
3. Administrator to issue decree of registration & original & duplicate of OCT – 1. File instrument creating or transferring interest and certificate of title with
signed by Administrator, entered & file decree of registration in LRA Register of Deeds
4. Send to Register of Deeds – original & duplicate of title & certificate for entry in 2. Owner’s duplicate
his registration book 3. Payment of fees & documentary stamp tax
5. Enter in record book, dated, signed, numbered & sealed – take effect upon date
4. Evidence of full payment of real estate tax
of entry
5. Document of transfer – 1 copy additional for city/provincial assessor

Page 19 of 29
6. Register of Deeds shall make a memorandum on the certificate of title, signed by MORTGAGES AND LEASES
him
7. Issue TCT REAL ESTATE MORTGAGE
– real property/real rights secures fulfillment of an obligation
Voluntary dealings vs. Involuntary dealings
Voluntary dealings - need to present title – to record the deed in registry & to make Kinds:
memorandum on title. 1. Conventional – agreed upon by parties
Involuntary dealings -No presentation required; sufficient that annotation in entry 2. Legal – Created by operation of law
book is sufficient 3. Judicial – results from a judgment
4. Equitable – pacto de retro in form but mortgage in essence
Formal requisites of a deed: Essential Requisites:
1. Full name 1. Constituted to secure fulfillment of principal obligation
2. Nationality 2. Mortgagor be absolute owner of thing mortgaged
3. Place of residence 3. Person constituting mortgage has free disposal of property
4. Postal address of grantee or other persons acquiring or claiming interest
5. Civil status Special Characteristics:
6. Whether or not corporation: 1. Subject matter is realty
A. Register of Deeds to keep an entry book – day book 2. Real right – attaches to property wherever it is & whoever holds it
B. Enter in order of reception all deeds & voluntary instruments, write & 3. Accessory – presupposes existence of valid principal obligation; cannot stand
processes re land -Year, month, day, time, minute of reception of instrument; alone
Registered from time of entry 4. Indivisibility – even if debt is divisible; mortgage is not
C. Fees of 5 bucks per document to be paid within 15 days 5. Inseparability – mortgage lien is inseparable from property
D. Note memorandum & sign & issuance of certificate 6. Retention of possession – mortgagor retains possession
E. Documents are numbered & indexed & indorsed with reference to
certificate of title– public records Pacto de Retro – Equitable Mortgage
F. Subject to reasonable regulation 1. Price of sale with right to repurchase is usually inadequate
2. Vendor remains in possession as lessee or otherwise
*Cost borne by vendor. 3. Upon or after expiration of right to repurchase, another instrument extending
period /granting new period is executed

Page 20 of 29
4. Purchaser retains a part of the purchase price
5. Vendor binds himself to pay taxes on thing sold
6. Real intention of parties is that transaction shall secure payment of debt or
fulfillment of other obligation
Execution & Registration
1. Execution of deed in a form sufficient in law (public instrument)
2. Registration with Register of Deeds where the land lies & take effect upon
registration
3. Present deed of mortgage together with owner’s duplicate
4. Payment of fees
5. Register of Deeds shall enter upon original certificate of title & upon duplicate a
memorandum – date, time of filing, signature, file number assigned to deed
6. Register of Deeds to note on deed the date & time of filing & reference to
volume & page of registration book in which it was registered
7. No duplicate need be issued
Subject Matter
-Real property plus all its accessions unless contrary is stipulated
-Future property – without legal effect
-Future improvements – deemed included
-Fruits & rents of mortgaged property deemed included
-Continuing credit secured by mortgage valid
Forms:
1. Private document – void & inexistent
2. Public instrument but not recorded – binding between parties but not 3rd persons
without notice
3. Public document & registered – valid & binding to 3rd parties
May Mortgage be Registered Without Duplicate Title: Yes
- If being withheld by the owner, Register of Deeds notifies by mail within 24 hours
to registered owner:
- Stating that mortgage has been registered
- Requesting that owner’s duplicate be produced so that memorandum be made
thereof
- Owner refuses to comply within reasonable time; Register of Deeds to notify court
& court may enter order requiring owner to produce certificate
Subsequent Dealings in Mortgaged Property
- May be further alienated – stipulation to contrary is void
- Assignment must also be registered since registration is operative act to affect
land
- If not recorded – valid as to parties but not to 3rd parties, right not protected
against somebody who registers & procures better right
- No need to secure permission of mortgagee
- Understood unless prohibited in contract
- May be further mortgaged – stipulation to contrary is void
- Pactum commisorium – not allowed
- Property is mortgaged
- There is stipulation for automatic appropriation
- Discharge
- Execute public document canceling or releasing mortgaged in form prescribed by
law
- Present instrument with Register of Deeds where land lies together with owner’s
duplicate for registration
- Memorandum of cancellation is annotated on duplicate & original
Page 21 of 29
When Mortgagor Dies
1. Abandon security & prosecute his claim by sharing in general distribution of Effect of Registration:
assets of the estate 1. Creates a lien – attaches to the property whoever holds it; binding on subsequent
2. Foreclose mortgage by making executor party defendant purchasers
3. Foreclose it in due time 2. Constructive notice

Parties in Foreclosure Suit: all persons claiming interest subordinate in right to
mortgagee
Action to Foreclose: Prescribes in 10 years (written contract)
Venue: Per stipulation or in absence thereof, where the property lies
CHATTEL MORTGAGE
– personal property is registered with Register of Deeds to secure performance of an
obligation
Subject Matter: movables
Deed of Mortgage:
- requires only description to enable parties & other persons to identify the subject
matter
Registration of Chattel Mortgage
1. Execution of document
2. Payment of fees
3. Register of Deeds enters in DAY BOOK in strict order of their presentation
chattel mortgages & other instruments relating thereto (primary process)
4. Register of Deeds thereafter enters in a more detailed form the essential contents
of the instrument in the Chattel Mortgage Register (complementary process)
Sale of Chattel Without Consent of Mortgagee – void; criminal act
Effect of Failure to Register:
1. Valid between parties but void against 3rd persons
2. If instead of registration, it is delivered – it shall be a pledge & not chattel
mortgage (if no chattel mortgage deed executed)
3. Actual knowledge is same effect as registration
Affidavit of Good Faith: Statement That —
1. Mortgaged is made to secure obligation specified
2. Valid & just obligation
3. Not entered into for purpose of fraud
Effect of Absence of Affidavit of Good Faith:
1. Vitiates mortgage as against creditors & subsequent encumbrances
2. Valid as between parties
3. No need to be in public document
Assignment of Mortgage
- no need to be registered, permissive only & not mandatory
Cancellation of Chattel Mortgage
- mortgagee to execute a discharge of the mortgage in manner provided by law

Page 22 of 29
 1. File with Register of Deeds the instrument creating lease together with Owner’s
Foreclosure of Mortgage Duplicate of certificate of title
- The must first be non-payment & at least 30 days have elapsed since then 2. Register of Deeds to register by way of memorandum upon certificate of title
- Alternatives: 3. No new certificate shall be issued
1. Judicial
2. Extra-judicial – only if there is stipulation/authority When Prohibition in Mortgaged Property as regards Subsequent Conveyances,
etc.: Leasehold cannot be registered in the title thereof.
Procedure in Foreclosure
1. Notice posted for 10 days in at least 2 public places in municipality where Effect of Registration:
property is to be sold designating the time, place and purpose of sale 1. Creates a real right but without prejudice to rights of 3rd persons
2. Mortgagor is notified in writing at least 10 days before sale 2. If not registered – valid as between parties but not to 3rd persons without notice
3. Public auction Registration – lessor not required to initiate; lessee shall initiate
4. 30 days after sale, officer makes a return & file with Register of Deeds where
mortgage has been recorded Aliens:
5. Officer’s return operates as a discharge of the lien created by the mortgage 1. May be granted temporary rights for residential purposes
6. Proceeds to be applied: 2. Limit: 25 years, renewable for another 25 years
7. Cost of sale
8. Amount of obligation Who Else May Register: Builder in Good Faith
9. Subsequent mortgages
10. Balance – mortgagor POWERS OF ATTORNEY; TRUSTS

Recovery of Deficiency: Allowed TRUST

- obligation of a person to whom legal title to property is transferred to hold the
LEASE property according to confidence reposed in him
- one of parties deliver possession of property to another who is obliged to pay rent
for use of such property Kinds:
1. Expressed – need to be in writing; cannot be proved by parole evidence
Registration of Lease 2. Implied – exist by operation of law; can be proved by parole evidence
3. Property is bought but paid by another party

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4. Donation is made but donee have no beneficial interest thereon
5. Price of sale of property is loaned & conveyance is made to lender to secure
fulfillment of loan
6. Land passes by succession to a person but legal title is put in another’s name
7. 2 persons purchase property but placed only in one’s name
8. Guardian uses funds of ward to buy property
9. Property is acquired thru mistake or fraud
POWER OF ATTORNEY
- authority granted to a person to dispose one’s property.
Trust Differentiated from Power of Attorney
1. Trust has 3 parties while power of attorney has 2 parties
2. Trust is for benefit of 3rd party while power of attorney is for benefit of principal
Registration of Trust
1. Sworn statement claiming interest by reason of an implied trust with description
of land & reference to number of certificate shall be registered in Register of
Deeds
2. Provided not prohibited to do so by instrument creating the trust
Appointment of Trustee by Court
1. Certified copy of decree shall be presented to Register of Deeds & surrender
duplicate certificate
2. Cancel duplicate & new certificate shall be entered by Register of Deeds
Action for reconveyance based from implied trust
- Prescribes in 10 years
- If acknowledged in written form – becomes express trust – prescribes upon
repudiation
INVOLUNTARY DEALINGS WITH REGISTERED LANDS
Involuntary Dealings
- transactions affecting land in which cooperation of registered owner is not needed:
it may even be against his will
Attachment
- A writ issued at the institution or during progress of an action commanding the
sheriff to attach the property, rights, credits or effects of the defendant to satisfy
demands of the plaintiff
Kinds:
1. Preliminary
2. Garnishment
3. Levy on execution
Registration of Attachment / Other Liens
1. Copy of writ in order to preserve any lien, right or attachment upon registered
land may be filed with Register of Deeds where land lies, containing number of
certificate of title of land to be affected or description of land
2. Register of Deeds to index attachment in names of both plaintiff & defendant or
name of person whom property is held or in whose name stands in the records
3. If duplicate of certificate of title is not presented:
4. Register of Deeds shall within 36 hours send notice to registered owner by mail
stating that there has been registration & requesting him to produce duplicate so
that memorandum be made

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5. If owner neglects or refuses – Register of Deeds shall report matter to court 2. Register in registration book & memorandum upon proper certificate of title as
6. Court after notice shall enter an order to owner to surrender certificate at time & adverse claim or as an encumbrance
place to be named therein 3. To determine preferential rights between 2 liens: priority of registration of
7. 4. Although notice of attachment is not noted in duplicate, notation in book of attachment
entry of Register of Deeds produces effect of registration already
Tax sale
Effect of Registration of Attachment: 1. Sale of land for collection of delinquent taxes and penalties due the government
1. Creates real right 2. In personam (all persons interested shall be notified so that they are given
2. Has priority over execution sale opportunity to be heard)
3. But between 2 attachments – one that is earlier in registration is preferred 3. Notice to be given to delinquent tax payer at last known address
4. If not registered – actual knowledge is same as registration 4. Publication of notice must also be made in English, Spanish & local dialect &
posted in a public & conspicuous place in place wherein property is situated & at
Duty of Register of Deeds main entrance of provincial building
- basically ministerial but may refuse registration in ff circumstances: 5. Sale cannot affect rights of other lien holders unless given right to defend their
- Title to land is not in the name of defendant rights: due process must be strictly observed
- No evidence is submitted to show that he has present or possible future interest in 6. Tax lien superior to attachment
land 7. No need to register tax lien because it is automatically registered once the tax
- Unless: heir accrues
8. But sale of registered land to foreclose a tax lien need to be registered
Properties Exempt From Execution: Family Home
Procedure of Registration of Tax Sale:
Attachment 1. Officer’s return shall be submitted to Register of Deeds together with duplicate
- how continued, reduced or discharged title
- any method sufficient in law 2. Register in registration book
- document to be registered 3. Memorandum shall be entered in certificate as an adverse claim or encumbrance
4. After period of redemption has expired & no redemption (2 years from
registration of auction sale) cancellation of title & issuance of new one
Execution sale
5. Before cancellation, notice shall be sent to registered owner: to surrender title &
1. To enforce a lien of any description on registered land, any execution or affidavit
show cause why it shall not be cancelled
to enforce such lien shall be filed with Register of Deeds where land lies

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*actual Knowledge is Equivalent to Registration
Adverse Claim
1. Make a statement in writing setting forth alleged interest, from whom acquired,
how acquired, no of certificate of land, name of registered owner, description of
land in which right/interest is claimed – signed & sworn to
2. Statement shall be entitled to registration as adverse claim on certificate of title
3. Effective for 30 days from date of registration
4. After 30 days, may be cancelled by filing of verified petition by party in interest
A. Any party may petition in court to cancel adverse claim
B. Court to grant speedy hearing
C. If adverse claim is adjudged invalid – may be cancelled
5. No 2nd adverse claim based on same ground shall be registered by same
claimant
REGISTRATION OF LIS PINDENS
Purpose: keep subject matter within the power of the court until the entry of final
judgment
- therefore creates merely a contingency & not a liens
Effect of Registration:
1. Impossibility of alienating the property in dispute during the pendency of the suit
– may be alienated but purchaser is subject to final outcome of pending suit
2. Register of Deeds duty bound to carry over notice of lis pendens on all new titles
to be issued
Cancellation of Lis Pendens:
1. Before final judgment – court may order cancellation after showing that notice I
sonly for purpose of molesting an adverse party or it is not necessary to protect
rights of party who caused it to be registered
2. Register of Deeds may also cancel by verified petition of party who caused such
registration
3. Deemed cancelled when certificate of clerk of court stating manner of disposal
of proceeding is registered
Notice of Lis Pendens is an Involuntary Transaction
- sufficient that there is entry in day book
Other Parties who Need to Register:
1. ASSIGNEE IN INVOLUNTARY PROCEEDING FOR INSOLVENCY
- duty of the officer serving notice to file copy of notice to Register of Deeds where
the property of debtor lies
- assignee elected or appointed by court shall be entitled to entry of new certificate
of registered land upon presentment of copy of assignment with bankrupt’s
certificate of title (duplicate)
- new certificate shall not that it is entered to him as assignee or trustee in
insolvency proceedings
2. GOVERNMENT IN EMINENT DOMAIN
- copy of judgment file in Register of Deeds which states description of property,
certificate number, interest expropriated, nature of public use
- memorandum shall be made or new certificate of title shall be issued
Judgment / Order Vacating Insolvency Proceedings
1. Order shall also be registered
2. Surrender title issued in name of assignee & debtor shall be entitled to entry of
new certificate
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ASSURANCE FUND
- state creates a fund for the compensation of persons injured by divesting/cutting
off of rights due to the indefensibility of title; following that act of registration is
operative act by which State transfers title; created to relieve innocent persons
from harshness of doctrine that certificate of title is conclusive evidence of an
indefeasible title to land.
- upon entry of certificate in name of owner or TCT, ¼ of 1% shall be paid to
Register of Deeds based on assessed value of land – as contribution to assurance
fund; if no assessment yet, sworn declaration of 2 disinterested persons subject to
determination by court.
- money shall be under custody of the National treasurer; invest it until P+I
aggregates to 500,000, excess shall be paid to the Assurance Fund; annual report
of Treasurer to Secretary of Budget
Who is Entitled:
1. Claimant must be owner, purchaser or encumbrancer in good faith who suffered
actual damage by loss of land; in short – he is deprived of his land or interest
therein
2. No negligence attributable to him
3. Claimant is barred from filing action to recover said land
4. Action to recover from assurance fund has not prescribed
Loss/Damages Should Not be Due to Following Reasons:
1. Breach of trust
2. Mistake in resurvey resulting in expansion of area in certificate of title
Loss/Damages Should be Due to the Following Reasons:
1. Omission, mistake, misfeasance of Register of Deeds or clerk of court
2. Registration of 3rd persons as owner
3. Mistake, omission, misdescription in certificate of title, duplicate or entry in
books
4. Cancellation
Against whom Action is Filed:
1. Action due to deprivation of land due to mistake, negligence, omission of
Register of Deeds, etc – Register of Deeds and National Treasurer as defendants;
Sol-Gen must appear
2. Private persons involved – should also be impleaded
Liability:
1. Satisfy claims from private persons first
2. When unsatisfied – secondary liable is the National Treasurer who shall pay thru
assurance fund; thereafter Government shall be subrogated to rights of plaintiff
to go against other parties or securities
Measure of Damages:
1. Based on amount not greater than fair market value of land
2. Amount to be recovered not limited to 500,000 which is maintained as standing
fund
3. If fund is not sufficient, National Treasurer is authorized to make up for
deficiency from other funds available to Treasury even if not appropriated
Where and When to File Action against Assurance Fund:
1. Any court of competent jurisdiction – RTC in city where property lies or resident
of plaintiff
2. Action prescribes in 6 years from time plaintiff actually suffered loss
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3. If plaintiff is minor, insane or imprisoned – has additional 2 years after disability
is removed to file action notwithstanding expiration of regular period
REGISTRATION OF PATENTS
When is Government Grant Deemed Acquired by Operation of Law:
1. Deed of conveyance issued by government patent/grant
2. Registered with Register of Deeds – mandatory: operative act to convey &
transfer title
3. Actual physical possession, open & continuous
- land ceased to be part of public domain & now ownership vests to the grantee
- any further grant by Government on same land is null & void
- upon registration, title is indefeasible
Title Issued Pursuant to Registration of Patent
1. Indefeasible – when registered, deemed incorporated with Torrens system; 1 year
after issuance of patent
2. May not be opened one year after entry by Land Registration Authority;
otherwise, confusion, uncertainty & confusion on government system, of
distribution of public lands may arise & this must be avoided
Except: annullable on ground of fraud, may be reopened even after 1 year because
registration does not shield bad faith
- court in exercise of equity jurisdiction may direct reconveyance even without
ordering cancellation of title
Aim of Homestead Patent:
1. Benevolent intention of government to distribute disposable agricultural land to
destitute citizens for their home and cultivation
2. As a matter of public policy, may be repurchased even if after 5 years provided
not for profit
3. Right of repurchase not allowed if sold within family & not for cultivating or
living but for speculation purpose
Restrictions:
1. Cannot be alienated within 5 years after approval of application for patent
2. Cannot be liable for satisfaction of debt within 5 years after approval of patent
application
3. Subject to repurchase of heirs within 5 years after alienation when allowed
already
4. No corporation, partnership, association may acquire unless solely for
commercial, industrial, educational, religious or charitable purpose or right of
way subject to consent of grantee & approval of Secretary of Natural resources
Exceptions:
1. Action for partition because it is not a conveyance
2. Alienations or encumbrances made in favor of the government
Erred Homesteader not Bared by Pari Delicto
- pari delicto rule does not apply in void contract
- violation of prohibition results in void contract
- action to recover does not prescribe
Homesteader
- if he dies, succeeded by heirs in the application
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Legal Restriction in Disposition by Non-Christians (Cultural MINORITIES)
1. Conveyance is valid if able to read and can understand language where deed is
written
2. Otherwise, not valid unless approved by Commission on National Integration
3. Safeguard is to protect them against fraud/deceit
SYSTEM OF REGISTRATION OF UNREGISTERED LANDS
- system of registration for unregistered land under the Torrens System (ACT 3344)
- before: covers voluntary dealings, now includes involuntary dealings
- effect if prospective; binds 3rd persons after registration but yields to better rights
of 3rd person prior to registration (limited effect to 3rd parties)
- reason: no strict investigation involved
- subsequent dealings – also valid if recorded
- register of Deeds keeps day book & a register; index system is also kept
Procedure:
1. Presentment of instrument dealing in unregistered land
2. If found in order – registered
3. If found defective – registration is refused writing his reason for refusal
FEES, OFFENSES AND PENALTIES
1. In connection with original and subsequent registration of lands – payable
to Clerk of court, Register of Deeds, sheriff
2. Full payment of fees prerequisite to registration: at least the entry fee of
5.00, rest of the fees due payable within next 15 days
Offenses:
1. Larceny
2. Perjury – false statement under oath
3. Fraudulent procurement of certificate: fine of not more than 10,000 or
imprisonment of 5 years or both in discretion of court
4. Forgery: fine of not more than 10,000 or imprisonment of 10 years or both
in discretion of court
5. Forging of seal in Register of Deeds, name, signature or handwriting of
any officer of court of Register of Deeds
6. Fraudulent stamping or assistance in stamping
7. Forging of handwriting, signature of persons authorized to sign
8. Use of any document which an impression of the seal of the Register of
Deeds is forged
9. Fraudulent sale: sale of mortgaged property under the misrepresentation
that it is not encumbered; deceitful disposition of property as free from
encumbrance: imprisonment of 3 years or fine not exceeding 2,000 or
both at discretion of court
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