1

REVIEWER IN PROPERTY
REGISTRATION AND RELATED
PROCEEDINGS
I. GENERAL PROVISIONS

Q. What is the Regalian doctrine?

A. The Regalian doctrine or jura regalia is a Western legal
concept that was rst introduced by the Spaniards into the country
through the Laws of the Indies and the Royal Cedulas. It embodies
the concept that all lands of the public domain and all other natural
resources are owned by the State.
All lands and waters of the public domain are owned by the
State. This principle is derived from the jura regalia or Regalian
doctrine which is the prerogative or proprietary right belonging to
the sovereign. The doctrine was adopted and enshrined in the 1935,
1973 and 1987 Constitutions. The State is, by the Constitution,
the owner of all lands belonging to the public domain, the waters,
minerals, sheries, forests and all natural resources therein.1
Under the Regalian doctrine, all lands of the public domain
and other natural resources belong to the State. The State is the
source of any asserted right to ownership in land and charged
with the conservation of such patrimony. All lands not otherwise
appearing to be clearly within private ownership are presumed to
belong to the State. To overcome such presumption, incontrovertible
evidence must be shown by the applicant that the land subject of the
application is alienable or disposable.2

1
Republic v. Court of Appeals and Republic Real Estate Corporation, GR Nos.
103882 and 105276, Nov. 25, 1998, 299 SCRA 199, per Justice, now Chief Justice,
Puno.
2
Pagkatipunan v. Court of Appeals, GR No. 129682, March 21, 2002, 429 Phil.
377.

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2 REVIEWER IN PROPERTY REGISTRATION
AND RELATED PROCEEDINGS

Q. Explain the basis of the doctrine.

A. 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. In Spanish law, it refers to a
right which the sovereign has over anything in which a subject has
a right of property or propriedad. These were rights enjoyed during
feudal times by the King as the sovereign.
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. 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 ction 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 therefore nothing more than a natural fruit of
conquest.3

Q. What is the legislative policy regarding conservation of

our natural resources?
A. Our country has been blessed with rich, lush and verdant
rain forests in which varied, rare and unique species of ora and
fauna may be found. The legislative policy has been to preserve and
nourish these natural resources as they are not only for our benet
but more so for the countless future generations to which we are
likewise responsible.4

Q. Explain how the three departments of the government

coordinate to achieve the objectives of the Constitution in the
conservation and utilization of our natural resources.
A. Initially, the authority to implement the constitutional
provision classifying the lands of the public domain (and is now even
permitted to provide for more categories of public lands) belongs to

3
Cruz v. Secretary of Environment and Natural Resources, GR No. 135385,
Dec. 6, 2000, 347 SCRA 128, per Justice Kapunan.
4
See AGCAOILI, Law on Natural Resources, 2007 ed., for a discussion of
important laws relative to the management, exploitation, disposition and utilization
of our natural resources.
 I. GENERAL PROVISIONS 3

the legislature. The legislature having made such implementation,

the executive ofcials may then, in the discharge of their own role,
administer our public lands pursuant to their constitutional duty
“to ensure that the laws be faithfully executed” and in accordance
with the policy prescribed. For their part the courts will step into
the picture if the rules laid down by the legislature are challenged
or, assuming they are valid, it is claimed that they are not being
correctly observed by the executive. Thus, do the three departments,
coordinating with each other, pursue and achieve the objectives of
the Constitution in the conservation and utilization of our natural
resources.5

Q. In what forms of grant were lands distributed by the

Spanish government?
A. The Spanish government distributed lands by issuing
royal grants and concessions to settlers and other people in various
forms, such as: (a) the “titulo real” or royal grant; (b) the “concession
especial” or special grant; (c) the “composicion con el estado” title or
adjustment title; (d) the “titulo de compra” or title by purchase; (e)
the “informacion possessoria” or possessory information title; and (f)
the “titulo gratuito” or gratuitous title.6

Q. Is the Regalian doctrine reected in the Constitution?

A. The 1987 Constitution, like the 1935 and 1973 Constitu-
tions, embodies the principle of State ownership of lands and all
other natural resources in Section 2 of Article XII on “National
Economy and Patrimony,” to wit:

“SEC. 2. All lands of the public domain, waters, minerals,

coal, petroleum, and other mineral oils, all forces of potential
energy, sheries, forests or timber, wildlife, ora 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. The State may directly undertake such activities

5
Director of Forestry v. Villareal, GR No. L-32266, Feb. 27, 1989, 170 SCRA
598.
6
Director of Lands v. Buyco, GR No. 91189, Nov. 27, 1992, 216 SCRA 78;
Director of Forestry v. Muñoz, GR No. L-24796, June 28, 1968, 23 SCRA 1183;
Santiago v. Subic Bay Metropolitan Authority, GR No. 156888, Nov. 20, 2006, 507
SCRA 283.
 PREFACE

In his book, “Property Registration Decree and Related Laws

(Land Titles and Deeds),” written and published upon the gracious
suggestions of his students and colleagues in the law profession who
were looking for a combined textbook and casebook reference on
land registration and related proceedings, the author ventured into
a comprehensive discussion of the provisions (121 sections) of the
Property Registration Decree (PD No. 1529, June 11, 1978), incorpo-
rating therein relevant principles and illustrative cases for a better
understanding thereof. The author is humbled and heartened that
the book has now graced law libraries and offices and is being used
by lawyers in their practice and recommended by law professors as
a textbook for students on land registration.
The present work, “Reviewer in Property Registration and
Related Proceedings,” aims to project the same subject on land reg-
istration but in a simplified question and answer method to make
it a handy reference for classroom use and more especially for Bar
candidates who may not have the luxury of wading through thick
volumes of books and other materials on the subject. It is hoped that
the Reviewer will be a useful reference, not only to aspiring lawyers,
but to the bench and bar as well.
January 15, 2008.

OSWALDO D. AGCAOILI
Associate Justice
Court of Appeals

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 PREFACE TO THE 2011 EDITION

The auspicious comments of law students, especially those pre-

paring for the Bar, on our book “Reviewer in Property Registration and
Related Proceedings” have encouraged me to come up with a revised
edition to include more review questions and answers covering the
latest decisions of the Supreme Court.
A new feature of the book is the incorporation of Multiple Choice
Questions (MCQs) and Answers as a separate chapter. According to
the Supreme Court, MCQs should be able to determine the level of
the examinee’s preparedness for the work of a lawyer by testing his
knowledge and understanding of the law and its basic principles as
well as his ability to analyze legal problems and provide solutions.
Apart from expanding the coverage of the book, the inclusion of
MCQs in this new edition will not only familiarize the bar candidate
with the redesigned bar examinations format but, more importantly,
prepare him for the practice of law.

JUSTICE OSWALDO D. AGCAOILI

Professor, Philippine Judicial Academy
Supreme Court

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 To my lovely children, Mario, Cynthia,
Wendy and spouses,
grandchildren, Kirsten Leslie, Krizia Nicole,
Cynthia Abigail, Rayzel Dezeree, Kasel Raewen and
Krician Reyn,
and my wife, Elo, the cutest of them all . . . . .
this book is affectionately dedicated.

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viii
 CONTENTS

Preface ................................................................................... iii

Preface to the 2011 Edition ....................................................... v
Dedication................................................................................... vii
I. General Provisions ............................................................ 1
II. The Land Registration Commission and Its
Registries of Deeds ................................................... 13
III. Original Registration ........................................................ 18
(I) Ordinary Registration Proceedings .......................... 18
(A) Registration under the Property
Registration Decree .......................... 18
A. Application ....................................................... 18
(B) Judicial Confirmation of Imperfect or
Incomplete Titles .............................. 31
(C) Registration Under the Indigenous
Peoples Rights Act ............................ 45
(D) Form and Contents, Dealings
with Land .......................................... 51
B. Publication, Opposition and Default ............... 58
C. Hearing, Judgment and Decree
of Registration ......................................... 70
(I) Citizenship Requirement ......................... 72
(II) Classification of Lands ........................... 84
(III) Non-Registrable Properties ..................... 89
(IV) Specific Evidence of Ownership .............. 129
(V) Remedies .................................................. 167
(II) Cadastral Registration Proceedings ........................ 231
IV. Certificate of Title.............................................................. 240
V. Subsequent Registration ................................................... 269
(I) Voluntary Dealings With Registered Lands .......... 269
(A) Conveyances and Transfers ............................. 296
(B) Mortgages and Leases ..................................... 298
(C) Powers of Attorney; Trusts .............................. 324
(II) Involuntary Dealings ................................................ 334
VI. Registration of Judgments; Orders; Partition ................. 347

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VII. Assurance Fund ................................................................. 374
VIII. Registration of Patents ..................................................... 381
IX. Certificate of Land Transfer, Emancipation Patent,
Affidavit of Non-Tenancy .................................................. 413
X. Petitions and Actions After Original Registration .......... 437
XI. Schedule of Fees; Special Fund ........................................ 460
XII. Forms Used in Land Registration and Conveyancing..... 461
XIII. Dealings with Unregistered Lands .................................. 463
XIV. Registration of Chattel Mortgages ................................... 467
XV. Consultas ........................................................................... 470
Subdivision and Condominium Buyers’
Protective Decree ...................................................... 474
Multiple Choice Questions ................................................ 491
Answers to Multiple Choice Questions ............................ 509
Appendix A –– Property Registration Decree (PD No. 1529) .. 513