LTD Notes Finals301

Land Titles and Deeds 2020-2021 | Atty.
MBL
Rosse Alessandra
Land Titles and Deeds 2020-2021 | Atty. MBL
MODULE TITLE Statutory liens------------------------------------------ 18

Transfer Certificate of Title-------------------------- 19
Statement of Personal Circumstances------------19
TOPIC FOLLOWING THE BOOK OF AGCOAILI
Registered Land Not Subject to Prescription--- 20
Certificate of Title not subject to Collateral
SUB-TOPIC
Attack---------------------------------------------------- 21
Splitting and Consolidation------------------------- 22
CASES FROM THE SYLLABUS
MODULE 6: SUBSEQUENT REGISTRATION------------------- 24
Voluntary Dealings with Registered Lands------ 24
CODAL PROVISIONS Operative Act to Convey or Affect Registered
Land------------------------------------------------------ 24
DISCLAIMER Double Sales--------------------------------------------25
Presentation of Owner’s Duplicate upon entry of
This reviewer is a mere compilation from different sources. new certificate----------------------------------------- 28
The authors accept no liability for the content of this Innocent Purchaser for Value; Forged Deeds---28
reviewer, or for the consequences of the usage, non-usage, Memorandum of Encumbrances------------------ 30
abuse, or any actions taken by the user on the basis of the Contents of Voluntary Instrument---------------- 30
information. Do not upload this on scribd or internet Primary Entry Book----------------------------------- 31
sites. Conveyances and Transfers------------------------- 31
Real Estate Mortgage-------------------------------- 32
TABLE OF CONTENTS REM, definition-----------------------------------------33
Registration--------------------------------------------- 34
MODULE 4: ORIGINAL REGISTRATION--------------------------1 Rights of Innocent Mortgagee for Value-------- 34
Remedies------------------------------------------------- 1 Discharge or Cancellation--------------------------- 35
Under the Rules of Court----------------------------- 1 Foreclosure--------------------------------------------- 35
Under the Property Registration Decree---------- 1 Extrajudicial Foreclosure sale----------------------- 37
On Fraud-------------------------------------------------- 4 Redemption-------------------------------------------- 38
Purchaser in good faith------------------------------- 5 Failure to Redeem, Consolidation of Ownership39
Mortgaged Land---------------------------------------- 7 Rights of Subsequent Lien Holder---------------- 40
Other Important Principles--------------------------- 8 Caveat Emptor, buyer beware.--------------------- 41
Action for Reconveyance------------------------------9 Involuntary Dealings----------------------------------41
Where to file--------------------------------------------12 Enforcement of Liens on Registered Land and
Quantum of Proof------------------------------------- 12 Application for New Certificate Upon Expiration
Prescription--------------------------------------------- 13 of Redemption Period--------------------------------43
Action for Damages---------------------------------- 13 Lis Pendens--------------------------------------------- 44
Recovery from the Assurance Fund--------------- 14 MODULE 7----------------------------------------------------------- 47
Other Remedies Available---------------------------15 CHAPTER VI－REGISTRATION OF JUDGMENTS,
MODULE 5: Certificate of Title----------------------------------- 16 ORDERS, PARTITION---------------------------------------- 47
CHAPTER IV－Certificate of Title------------------------- 16 Surrender of Owner’s Duplicate------------------- 47
Land registration-------------------------------------- 16 CHAPTER VII－ASSURANCE FUND---------------------- 47
Salient Features of the Torrens System---------- 16 Claims against the Assurance Fund--------------- 47
Decree binds the land-------------------------------- 16 CHAPTER VIII－REGISTRATION OF PATENTS--------- 48
Certificate of Title------------------------------------- 17 CHAPTER IX－CERTIFICATE OF LAND TRANSFER,--- 49
Original Certificate of Title-------------------------- 18 EMANCIPATION PATENT---------------------------------- 49
Owner’s Duplicate Certificate---------------------- 18
AVILA, R. & LAGORIN, S. (Supplemented by Monster Notes)

CHAPTER X－PETITIONS AND ACTIONS AFTER------ 50

ORIGINAL REGISTRATION--------------------------------- 50
Surrender of Withheld Duplicate Certificate.--- 50
Amendment and Alteration of Certificates.----- 51
Notice and Replacement of Lost Duplicate
Certificate----------------------------------------------- 52
Reconstitution of Lost or Destroyed Original
Torrens Title-------------------------------------------- 53
Estoppel in Action for Cancellation of Title----- 54
CHAPTER XI－SCHEDULE OF FEES, SPECIAL FUND-- 55
CHAPTER XII－FORMS USED IN LAND REGISTRATION
AND CONVEYANCE----------------------------------------- 55
CHAPTER XIII－DEALINGS WITH UNREGISTERED
LAND------------------------------------------------------------55
CHAPTER XIV－REGISTRATION OF CHATTEL
MORTGAGES-------------------------------------------------- 56
CHAPTER XV－CONSULTAS------------------------------- 58
CHAPTER XVI－FINAL PROVISIONS--------------------- 58
MODULE 8: THE CONDOMINIUM ACT (R.A. 4726)--------- 58
Warranties and Representations------------------ 58
Redemption of Mortgaged Condominium Lot 59
Suspension of Monthly Amortization------------ 59
Alteration of Plans------------------------------------ 60
SUBDIVISION AND CONDOMINIUM PROTECTIVE BUYERS’
DECREE (P.D. 957)-------------------------------------------------- 60
Jurisdiction of the HLURB--------------------------- 60
AVILA, R. & LAGORIN, S. (Supplemented by Monster Notes)

MODULE 4: ORIGINAL REGISTRATION with affidavits showing the fraud, accident, mistake, or
→ PLEASE ALSO READ AGCAOILI BOOK. excusable negligence relied upon, and the facts
(continuation for finals) constituting the petitioner's good and substantial cause of
action or defense, as the case may be.
Remedies
Preliminary Injunction
Remedies that may be availed of by party when he finds
Section 5, Rule 38 of the Rules of Court
out that his property has been registered fraudulently
The court in which the petition is filed may grant such
under the name of somebody else.
preliminary injunction as may be necessary for the
preservation of the rights of the parties, upon the filing by
There are several remedies it maybe under your rules of
the petitioner of a bond in favor of the adverse party,
court or your PD 1529:
conditioned that if the petition is dismissed or the
petitioner fails on the trial of the case upon its merits, he
Under the Rules of Court
will pay the adverse party all damages and costs that may
To be discussed thoroughly under Remedial Law
be awarded to him by reason of the issuance of such
injunction or the other proceedings following the petition,
Motion for New Trial or Reconsideration
but such injunction shall not operate to discharge or
(Rule 37 of the Rules of Court)
extinguish any lien which the adverse party may have
Grounds
acquired upon, the property, of the petitioner.
a. Fraud, accident, mistake or excusable negligence
which ordinary prudence could not have guarded
Under the Property Registration Decree
against and by reason of which such aggrieved party
has probably been impaired in his rights; or
Petition for review of decree
b. Newly discovered evidence, which he could not, with
(Section 32)
reasonable diligence, have discovered and produced
- courts may reopen proceedings already closed by
at the trial, and which if presented would probably
final decision or decree when an application for
alter the result.
review is filed by the party aggrieved within one year
c. Within the same period, the aggrieved party may also
from the issuance of the decree of registration
move for reconsideration upon the grounds that the
- the basis of the aggrieved party must be anchored
damages awarded are excessive, that the evidence is
solely on actual fraud
insufficient to justify the decision or final order, or
- is a remedy separate and distinct from a motion for
that the decision or final order is contrary to law.
new trial (under the Rules of Court) and the right to
the remedy is not affected by the denial of such a
PETITION FOR RELIEF FROM JUDGMENT
motion irrespective of the grounds upon which it may
(Rule 38, Rules of Court)
have been presented
－ Fraud, Accident, Mistake or Excusable Negligence
When: Within 1 yr from the entry if the decree of the

When to File
registration in the Land Registration Authority (LRA) on the
Section 3, Rule 38 of the Rules of Court
grounds of FRAUD.
A petition provided for in either of the preceding sections
of this Rule must be verified, filed within sixty (60) days
Dates found on the Certificate of Title
after the petitioner learns of the judgment, final order, or
1. Date when the decision or order of the court was
other proceeding to be set aside, and not more than six (6)
made granting the petition for original registration
months after such judgment or final order was entered, or
such proceeding was taken, and must be accompanied
Supplemented by Monster Notes Page 1

- reckoning period to determine the finality of the 4) Has not passed to innocent purchaser for value
decision
2. Date of entry of the decree of registration by the If passed: A fraudulent document may become a root of a
Land Registration Authority valid document title in the hands of an innocent purchase
- reckoning of the one-year period where the title for value .
becomes incontrovertible
- one-year period contemplated in Section 32 Is quieting of title a proper remedy if you find out that
3. Date when Register of Deeds transcribes the decree the land you are claiming ownership over has been
of registration adjudicated to another person?
- date when the OCT took effect No. the proper remedy is to ask for a petition for review.
- important to note in cases of double titling
As long as the final decree has not been entered by the
Eland Philippines, Inc. vs. Garcia LRA, and the period has not elapsed from the date of entry
(G.R. No. 173289, Feb. 17, 2010) of such decree, the title is not finally adjudicated and the
When respondents requested for their lot to be declared registration case continues to be under the control of the
for tax purposes, they learned that the lot was subject of a registration court.
land registration proceeding that had already been
decided. The decision was dated June 7, 1944 and was If we say that the petition for review should be filed
entered on August 20, 1977. Respondents argued that they within one year from the entry of decree of registration,
were not notified of the land registration case and they does this mean that before you can file a petition for
claimed the presence of misrepresentation amounting to review we should wait until there is an entry in the LRA?
actual or extrinsic fraud. Hence, petitioners filed a
Complaint for Quieting of Title. No. because so long as there is no decree yet or it was
already entered and within the one year then you may file
The ruling of the supreme court as to the issue on whether a petition for review. No need to wait for it to be entered.
the complaint for quieting of title was a proper remedy
petition for review under Sec. 32 of PD 1529. Section 32 provides that petition for review of the decree
of registration maybe filed not later than one year from
SC said even though it is final courts may still open and after the decree of such registration. It has been ruled
proceedings. Land registration proceedings already closed that the petition maybe filed at ANYTIME after rendition of
by final decision or decree may be opened when an judgment even no entry of decree of registration yet.
application for review of the party aggrieved within one
year from the entry of the decree of registration. However Supposing there was a decree of registration and issued by
it must be anchored only on ACTUAL FRAUD. SC the LRA but before it became final an oppositor filed a
enumerated the requisites for one to avail of the remedy of motion for reconsideration and denied. May he still file a
petition for review: petition for review?
1) The petitioner must have an interest in the land (not Yes he can. Because the remedy of petition for review is
necessary to have a claim of ownership, sufficient you separate from that of your remedies in the rules of court.
have an interest over the land)
2) He must show actual fraud in the claiming of the A petition for review under Section 32 is a remedy
decree of registration separate and distinct from a motion for new trial and the
3) Filed within one year from the issuance of the decree right to the remedy is not affected by the denial of such a
or entry of the decree in the LRA

motion irrespective of the grounds upon which it may have expiration of one (1) year after the entry of the final decree
been presented. of registration. As long as a final decree has not been
entered by the Land Registration Commission (now
In the present case, the one-year period before the NLTDRA) and the period of one (1) year has not elapsed
Torrens title becomes indefeasible and incontrovertible from the date of entry of such decree, the title is not finally
has not yet expired; thus, a review of the decree of adjudicated and the decision in the registration
registration would have been the appropriate remedy. proceeding continues to be under the control and sound
discretion of the court rendering it.
Petition for Review of Decree, Requisites
1. The petitioner must have an estate or interest in the Land Registration Authority, Nature of Duty
land - ministerial in the sense that they act under the orders
2. He must show actual fraud in the procurement of the of the court; the decree must be in conformity with
decree of registration the decision of the court and with the data found in
3. The petition must be filed within one year from the the record, and they have no discretion in the matter
issuance of the decree by the Land Registration - if they are in doubt upon any point in relation to the
Authority preparation and issuance of the decree, it is their
4. The property has not yet passed to an innocent duty to refer the matter to the court
purchaser for value - they act, in this respect as officials of the court and
not as administrative officials, and their act is the act
Note: Innocent purchaser for value is a party who is also of the court
protected by PD 1529.
Action for Reconveyance
Lopez vs. Padilla (discussed in detail in another section of this notes)
(G.R. No. L-27559, May 18, 1972) - notwithstanding the irrevocability of the Torrens title
Here this is about an issuance of a patent, but the date already issued in the name of another person, he can
when there was promulgation of judgment corresponds to still be compelled under the law to reconvey the
a decree of registration. So the one-year will start to run subject property to the rightful owner
from the promulgation of judgment or order of the - if the one-year period under PD 1529 has already
director of lands and not the actual issuance of the patent. elapsed and that the decree has already become
The petition for review here is from the date of incontrovertible, a party is only prohibited from filing
PROMULGATION of judgment or ORDER of the director a petition for review of decree and not of other
of LANDS. remedies such as an action for reconveyance
- in an action for reconveyance, a party respects the
Ramos vs. Rodriguez incontrovertibility of the title but asks the person who
(G.R. No. 94033, May 29, 1995) committed the fraud (seen as the person who holds
Land Registration Court directed LRA to issue the decree of the land in trust) to transfer the land to the rightful
registration. LRA, instead of issuing the decree, submitted and legal owner, or to one with a better right
a report to the Court that the subject parcel of land was
already covered by a certificate of title. Court denied Walstrom vs. Mapa
issuance of decree of registration. (G.R. No. 38387, January 29, 1990)
Here the SC again enumerated the requisites, and the
Unlike ordinary civil actions, the adjudication of land in a requisites were found to be wanting.
cadastral or land registration proceeding does not become
final, in the sense of incontrovertibility until after the The SC said the proper remedy should have been before

your DENR and not the court. Since it was not yet proven When you say extrinsic it should be external and does not
that he had interest over the property. And this is the first involve documents because if it involves documents you
requisite. You have to prove first your real right. have every opportunity to examine them.
Petition for Review you must be able to allege EXTRINSIC
The petitioner said that he did not exhaust his remedy FRAUD.
because the one year period is almost ending, SC said that
is not a reason for you to use because you have first to SC stated in this case EXAMPLES as to what is extrinsic
exhaust you administrative remedies before you resort to fraud:
the courts. 1) Where the unsuccessful party had been prevented
from exhibiting fully his case, by fraud or deception
On Fraud practiced on him by his opponent, as by keeping him
away from court, a false promise of a compromise; or
Actual and extrinsic fraud is the kind of fraud that can be 2) Where the defendant never had knowledge of
the basis of a petition for review of decree. the suit, being kept in ignorance by the acts of the
plaintiff; or
When is fraud extrinsic? 3) Where an attorney fraudulently or without authority
- fraud employed to deprive a party of his day in court, assumes to represent a party and connives at his
thereby preventing him from asserting his right to defeat; or
the property registered in the name of the applicant 4) Where the attorney regularly employed
- the doctrine is settled that the court will not set aside corruptly sells out his client's interest to the other
a judgment because it was founded on a fraudulent side — these, and
instrument, perjured evidence, or for any matter 5) Similar cases which show that there has never been
which was actually presented and considered in the a real contest in the trial or hearing of the case, are
judgment assailed reasons for which a new suit may be sustained to set
- the fraud should be committed by the successful or aside and annul the former judgment or decree, and
opposing party or by his counsel, and not by one’s open the case for a new and fair hearing.
own lawyer as in the Palanca case (unless it can be

proved that both counsels connived in the fraudulent It is extrinsic when it deprives a party from his day in court
act) thereby preventing him from asserting his right to the

property registered in the name of the applicant.
Palanca vs. American Food Manufacturing Co.

(G.R. No. L-22822, August 30, 1968) Perjury of document cannot avail for petition for review.
Extrinsic fraud refers to any fraudulent act of the Intrinsic fraud.
successful party in a litigation, which is committed outside

the trial of a case against the defeated party, or his agents, Frias vs. Esquievel
attorneys or witnesses, whereby said defeated party is (G.R. No. L-17366, July 31, 1962)
prevented from presenting fully and fairly his side of the Again it is not enough for you to allege extrinsic fraud, you
case. must also PROVE IT.
On the other hand, intrinsic fraud refers to acts of a party If the fraud alleged in the petition to set aside the decree is
in a litigation during the trial, such as the use of forged involved in the same proceedings in which the party
instruments on perjured testimony, which did not affect seeking relief had ample opportunity to attack the
the presentation of the case, but did prevent a fair and just document presented by the applicant for registration, and
determination of the case. to cross- examine the witnesses who testified relative

thereto, then the fraud relied upon is intrinsic. - there must be actual or positive fraud as
distinguished from constructive fraud to entitle one
The fraud is extrinsic if it was employed to deprive a party to the reopening of a decree of registration; must be
of his day in court, thus preventing him from asserting his extrinsic and not intrinsic fraud
right to the property registered in the name of the - the purpose is to maintain the stability of judicial
applicant decisions and save the precious time of the courts
from being wasted by unnecessary proceedings
Director of Lands vs. CFI of Rizal
(G.R. No. L-31681. July 31, 1987) Purchaser in good faith
For fraud to justify the review of a decree, it must be
extrinsic or collateral and the facts upon which it is based - buyer of property does not have knowledge of any
have not been controverted or resolved in the case where defect in the property; no notice of it
the judgment sought to be annulled was rendered. - it is not the stubborn belief that there is no defect
even if there are circumstances that would arouse the
Mere allegation of fraud is not enough. suspicion, rather it is the complete unawareness that
there is a defect in the property bought
Specific, intentional acts to deceive and deprive another of
his right, or in some manner injure him must be alleged Rosales vs. Burgos
and proved. (G.R. No. 143573, January 30, 2009)
An innocent purchaser for value is one who buys the
There must be actual or positive fraud as distinguished property of another without notice that some other person
from constructive fraud to entitle one to the reopening of has a right to or interest in it, and who pays a full and fair
a decree of registration. And it must be extrinsic and not price at the time of the purchase or before receiving any
intrinsic fraud. notice of another person's claim.
This is necessary to maintain the stability of judicial The burden of proving the status of a purchaser in good
decisions and save the precious time of the courts from faith and for value lies upon one who asserts that status.
being wasted by unnecessary proceedings. This onus probandi cannot be discharged by mere
invocation of the ordinary presumption of good faith.
Moreover, the fact that the District Land Officer of the
Bureau of Land conducted the corresponding inspection Because there were instances and circumstances that
and investigation of the land in question with its findings would lead a reasonable man upon inquiry that the person
and report submitted in court, renders the present appeal they were dealing with a person with a case of estafa. They
interposed by the Director of Lands without valid basis. It should have investigated, due diligence on land dealings
cannot just simply deny the report of its own investigator. or dealings with property.
Besides, there is always that presumption of regularity in
the performance of official function. In addition, there was a notice of lis pendence annotated.
Subsequent sale to the aunt was void for being a simulated
Proof of Fraud contract.
- mere allegation of fraud is not enough
- specific, intentional acts to deceive and deprive General Rule:
another of his right, or in some manner injure him Buyer not required to go beyond the Certificate of Title
must be alleged and proved

When dealing with registered lands, the only responsibility Exception:

of the buyer is to examine the title (and the annotations Buying from person who is not the registered owner
therein). If the title is clean or there is nothing there that
would give rise to any suspicion, the buyer is not required Yu vs. Pacleb
to go beyond the Certificate of Title. This is the general rule (G.R. No. 172172, Feb. 24, 2009)
especially when you’re dealing with the person whose But one who buys from one who is not the registered
name appears on the title. owner is expected to examine not only the certificate of
title but all the factual circumstances necessary for him to
Jurisprudence holds that this should be the rule since if it determine if there are any flaws in the title of the
were not, no one would trust the Torrens System of transferor, or in his capacity to transfer the land.
registration. There would have been no point to have the
Torrens System of registration. When dealing with a person whose name does not appear
in the Certificate of Title, the buyer should ask why he is
Fule vs. De Legare the one selling the property when it is in the name of
(G.R. No. L-17951, February 28, 1963) another. If the buyer is remiss and it is found out that the
In this case spouses Fule were considered as innocent seller did not have authority from the owner to sell the
purchasers for value because they did everything in their property, the latter has the right to get the property from
capacity to assure themselves that they are dealing with the buyer.
the right person. In fact they required the son to have it
registered in his name first, and of course if you are dealing That’s why in this case there were several UNREGISTERED
with the registered owner all you have to do is rely on the TRANSFERS. Therefore the buyer or the purchaser was
certificate of title. It would have been different if the son dealing with someone who was not a registered owner. So
sold it and the name was in the adoptive parents but in this it is INCUMBENT UPON HIM TO GO BEYOND THE
case nabalhin na sa iya name there is nothing to excite CERTIFICATE OF TITLE to investigate because he was
suspicion on the part of fule so they are innocent dealing with a person who did not register the land PLUS
purchasers for value. was not the possessor of the land at the time. There must
be prudence and due diligence in finding out the factual
Since the act of registration is the operative act to convey circumstance.
or affect the land in so far as third persons are concern
Consequently, where there was nothing in the certificate of One who buys from one who is not the registered owner is
title to indicate any cloud or vice in the ownership of the expected to examine not only the certificate of title but all
property, or any encumbrance thereon, the purchaser is factual circumstances necessary for him to determine if
not required to explore farther than what the Torrens title there are any flaws in the title of the transferor, or in his
upon its face indicates in quest for any hidden defect or capacity to transfer the land.
inchoate right that may subsequently defeat his right
thereto. If the rule were otherwise, the efficacy and Domingo vs. Reed
conclusiveness of the certificate of title which the Torrens (G.R. No. 157701, Dec. 9, 2005)
system seeks to insure would entirely be futile and The deed of sale executed between the Domingo sps and
nugatory. Lolita Reed clearly stated that what was being sold was her
share in the conjugal property. Despite their knowledge of
GR: If you are dealing with a registered land all you have to this fact, the couple did not inquire about Lolita’s authority
do is to rely on the certificate of title if you are the to sell any other portions of the property. According to
purchaser. Alberta Domingo, Lolita told her that the latter had been
authorized by her husband Guillermo to sell the property.

When they executed the deed of sale, however, Lolita 2) They also knew that the spouses were not in good
allegedly showed no special power of attorney (SPA). terms, so even if they had an SPA, they were not sure
Alberta merely relied on the former’s verbal claim of that the SPA is still valid and effective.
having been authorized to sell the property, and that the
sale would bind the conjugal partnership. Neither was Thus, the presence of anything that excites or arouses
there any mention in the deed of sale that Lolita had the suspicion should then prompt the vendee to look beyond
authority to sell the property. In short, there was no the vendor's certificate and investigate the title appearing
mention of the SPA that she allegedly possessed. on the face of that certificate. A vendee who does not do
so cannot be denominated either as an innocent purchaser
Thus, the presence of anything that excited or arouses for value or as a purchaser in good faith and, hence, does
suspicion should prompt the vendee to look beyond the not merit the protection of the law.
vendor’s certificate and investigate the title appearing on
the face of that certificate. A vendee who does not do so Mortgaged Land
cannot be denominated either as an innocent purchaser
for value or as purchaser in good faith and, hence, does If you mortgage your property and your mortgagor is the
not merit the protection of the law. bank and then subsequently the Court will render null and
void your title because perhaps it was issued fraudulently.
When dealing with registered land, prospective buyers are Does that mean the bank can no longer collect from you
not normally required by law to inquire further that what because there is no more security for the loan? No.
appears on the fact of the Torrens certificate of title on file
with the Register of Deeds. Equally settled is the principle, St. Dominic Corporation vs. Intermediate Appellate Court
however, that purchasers cannot close their eyes to known (G.R. No. 70623, June 30, 1987)
facts that should put a reasonable person on guard; they The Court held that where a Torrens title was issued as a
cannot subsequently claim to have acted in good faith, in result of the regular land registration proceedings and was
the belief that there was no defect in the vendor’s in the name of the mortgagor when given as security for a
certificate of title. Their mere refusal to face up to that bank loan, the subsequent declaration of said title as null
possibility will not make them innocent purchasers for and void is not a ground for nullifying the mortgage rights
value, if it later becomes apparent that the title was indeed of the bank which had acted in good faith.
defective, and that they would have discovered the fact,
had they acted with the measure of precaution required of Remedy
a prudent person in a like situation. The remedy of the persons prejudices is to bring an action
for damages against those who caused the fraud, and if
Did the purchasers know that the spouses were not living the latter are insolvent, an action may be filed for recovery
together anymore? of damages against the Assurance Fund.
It was known and the property was conjugal in nature.
This is a scenario of an INNOCENT MORTGAGEE FOR

Here there were so many circumstances that would make VALUE. Same as your purchaser for value. They have both
them curious. avail of the same protection.
1) They were dealing with only one spouse and the The title of the property is being given to them for security
property was conjugal. Merely relying assurance that and it is for value because of the loan.
there was an SPA.
In this case, the Court has held that where a Torrens title
was issued as a result of regular land registration

proceedings and was in the name of the mortgagor when purchaser of property cannot be in good faith where
given as a security for a bank loan, the subsequent the title shows that it was reconstituted.
declaration of said title as null and void is not a ground for
nullifying the mortgage rights of the bank which had acted Example:
in good faith You buy a property from A and when you examine the
title, you see there at the back of title that this
So innocent purchaser value for value will also include property has been mortgages to ABC bank. Meaning
innocent mortgagee for value. this property has been made as a security of the loan
of the seller. If you buy the property despite having
There remedy of the person prejudiced is to bring an seen that, if the seller fails to pay the bank his debt
action for damages against those who cause the fraud if if and the bank will go after the property, you cannot
has passed on to an innocent purchaser for value. say anymore that the bank cannot foreclose the
property because it is not you who is indebted to the
GR: The owner of a registered land does not need to look bank. This is because the annotations on the title, the
beyond the certificate of title. encumbrances on the title on those that are
registered, will follow the property whoever the owner
But if you look at the title and there are encumbrances is.
there you are bound to the encumbrances. Because
registration is an operative act that binds third person. In the same manner, when there is a notice of lis
pendens and you still buy it then unfortunately, the
XPN: person who you bought it from will lose his case
1) dealing with someone who is not the registered because the case is about ownership over the
owner property, then you lose that property also.
2) there are factual circumstances that will excite
suspicion 2. A person dealing with registered land has a right to
3) dealing with registered owner but another is rely upon the face of the Torrens certificate of title and
possessing the property to dispense with the need of inquiring further, except
when the party concerned has actual knowledge of
Who has the burden of proof that he is an innocent facts and circumstances that would impel a reasonably
purchaser for value? cautious man to make inquiry.
One who alleges. It is not for the other party to disprove it;
you have to establish that in fact you are an innocent One who purchases real property which is in actual
purchaser for value. possession of others should, at least, make some
inquiry concerning the rights of those in possession.
Other Important Principles The actual possession of persons other than the
vendor should, at least, put the purchaser upon
1. While one who buys from the registered owner need inquiry. He can scarcely, in the absence of such
not have to look behind the certificate of title, he is, inquiry, be regarded as bona fide purchaser as against
nevertheless, bound by the liens and encumbrances such possessors.
annotated thereon. One who buys without checking

the vendor’s title takes all the risks and losses Example:
consequent to such failure. A person is deemed to You bought a property form A. Yes the property is
have knowledge of a public record, like a prior titled in the name of A but when you visited the
reconstituted title on file with the Registry of Deeds. A property, X is the one in possession. This is another

exception. This should give you a doubt. If you do not Alde vs. Bernal
and it is found that A really does not have a legal right (GR No. 196336, 18 March 2010)
over the property then you cannot be considered an An action for reconveyance is a legal and equitable remedy
innocent purchaser in good faith. granted to the rightful owner of land which has been
wrongfully or erroneously registered in the name of
3. Should he find out that the land he intends to buy is another for the purpose of compelling the latter to transfer
occupied by anyone else other than the seller who, in or reconvey the land to him.
this case, is not in actual possession, it would be
incumbent upon the purchaser to verify the extent of This is a remedy available to one if the one-year period
the occupant’s possessory rights. The failure of a from the entry of the decree of registration has already
prospective buyer to take such precautionary steps lapsed; after which, one can no longer file a petition for
would mean negligence on his part and would review.
thereby preclude him from claiming or invoking the
rights of a purchaser in good faith. However, despite the lapse of the one-year period, one can
still get the property back through an action for
4. Burden of Proof reconveyance.
The burden of proving the status of a purchaser in Heirs of Labanon vs. Heirs of Labanon
good faith lies upon one who asserts that status and (G.R. No. 160711, August 14, 2007)
this onus probandi (burned of proof) cannot be The remedy of the land owner whose property has been
discharged by mere invocation of the legal wrongfully or erroneously registered in another’s name is,
presumption of good faith. after one year from the date of the decree, not to set aside
the decree, but, respecting the decree as incontrovertible
Action for Reconveyance and no longer open to review, to bring an ordinary action
in the ordinary court of justice for reconveyance or, if the
Remedy for the title over the land is wrongfully registered property has passed into the hands of an innocent
to another person. purchaser for value, for damages.
The difference of a petition for review and an action for The SC said here that if the one year period has elapsed,
conveyance: you have an action for reconveyance. But the SC said that
－ petition for review can be availed of within on the while you have that remedy after one year, if the land has
year from the enter of the decree in the LRA. If it will been passed on to an innocent purchaser for value action
lapse, you have a remedy of an action of for damages. Because again innocent purchaser for value is
reconveyance. protected by the law.
－ In a petition for review you are asking the court
to re-open the land registration proceeding, to IOW, if the one-year has already lapsed, hence,
declare the decree void. incontrovertible, but the land is still in the hands of the
－ Action for reconveyance since the title is already author of the fraud, one can ask that it be returned to you
indefeasible you can no longer re-open the LRC through an action for reconveyance.
proceding, you will just have to respect it but you are
asking the court to give back the land to you because What if the author of the fraud already sold it to an
it was given to another. innocent purchaser for value?
The property cannot be returned anymore because an
innocent purchaser for value is a protected by law.

However, the remedy to recover would be to ask for into another agreement denominated as "Deed of Sale of
damages from the one who cause the fraudulent Fishpond Lands with Right to Repurchase.
registration.
Later, respondents found out that petitioner stopped
Aguile vs. CFI of Batangas paying DBP and as a result revoked her right to
(G.R. No. L-48335, April 5, 1988) repurchase. They also found out that DBP held an
The remedy of reconveyance is available in cases where, as auction on their property and petitioner is the highest
a result of mistake or fraud, property is registered in the bidder.
name of a person not its owner. Clerical error in
designating the real owner is a valid for reconveyance after Respondent then filed a complaint in the RTC for
the decree shall have become final following the lapse of reconveyance of titles of lands claiming that petitioner
one year therefrom. Reconveyance may also be sought deliberately reneged on their obligation to pay DBP which
where it is established that a person not entitled to the led to their right to repurchase the lot being revoked by
property succeeded in registering it in his name to the DBP.
prejudice of the real owner.
RTC ruled in favor of respondent and order petitioner to
The remedy of reconveyance is available in cases where: reconvey to respondent the TCT. CA upheld the ruling of
a) As a result of mistake or fraud, property is registered the lower court.
in the name of a person not its owner.
b) Clerical error in designating the real owner is a valid ISSUE: Whether or not the court erred in reconverying the
ground for reconveyance after the decree shall have property to the respondent.
become final following the lapse of one year
therefrom. HELD:
c) Reconveyance may also be sought where it is Reconveyance is available not only to the legal owner of a
established that a person not entitled to the property property but also to the person with a better right than the
succeeded in registering it in his name to the person under whose name said property was erroneously
prejudice of the real owner. registered.
Gasataya vs. Mabasa While respondent is not the legal owner of the disputed
(G.R. No. 148147, Feb. 16, 2007) lots, she has a better right than petitioner to the contested
FACTS: lots on the following grounds: first, the deed of conditional
Respondent’s father was granted a Homestead lot, he then sale executed by DBP vested on her the right to repurchase
mortgaged such lot to DBP. After he failed to pay his the lots and second, her right to repurchase them would
obligation, DBP foreclosed the sold and they were the have subsisted had they (the Gasatayas) not defrauded her.
highest bidder.
Petitioner cannot discredit the deed of conditional sale just
Later, DBP allowed the respondent’s daughter to reacquire so he can to keep his titles to the lots. Petitioner should be
the property through a deed of conditional sale. reminded that DBP revoked respondent's right to
Respondent then entered into an agreement with repurchase the lots under said deed because of the
Petitioner’s father for the latter to assume payment of her deceitful maneuverings that he and his father employed.
obligation to DBP.
If we were to sustain petitioner's argument, then we would,
Upon representation by Sabas Gasataya that respondent's in effect, reward him for his misdeed.
obligation to DBP had already been settled, they entered

Moreover, the law only protects an innocent purchaser for for reconveyance. You may however avail of action for
value and not one who has knowledge of and participation damages.
in the employment of fraud.
It is also the rule that a reconveyance may only take place
Basically the issue here is whether the action for if the land that is claimed to be wrongly registered is still
reconveyance is available only to the owner of the registered in the name of the person who procured the
disputed lot. wrongful registration. No action for reconveyance can take
place as against a third party who had acquired title over
Reconveyance is available not only to the legal owner of a the registered property in good faith and for value.
property but also to the person with a better right than the
person under whose name said property was erroneously Note: If it is already in the hands of an innocent purchaser
registered. While respondent is not the legal owner of the for value, one can no longer ask for reconveyance.
disputed lots, she has a better right than petitioner to the However, one can file for an action for damages against
contested lots on the following grounds: first, the deed of the person who cause the wrongful registration.
conditional sale executed by DBP vested on her the right
to repurchase the lots and second, her right to repurchase Datu Kiram Sampaco vs. Hadji Serad Mingca Lantud (G.R.
them would have subsisted had they (the Gasatayas) not No. 163551, July 18, 2011)
defrauded her. The Torrens title is conclusive evidence with respect to the
ownership of the land described therein, and other matters
Is the action for reconveyance available only to the legal which can be litigated and decided in land registration
owner of disputed lot? proceedings.
Generally, yes. However, it may also be available to the
person with a better right than the person under whose An OCT issued by the Register of Deeds under an
name said property was erroneously registered. In the case administrative proceeding is as indefeasible as a certificate
of Gasataya v. Mabasa, the Court ruled that Mabasa had a of title issued under judicial proceedings.
better right on the following grounds: However, the Court has ruled that indefeasibility of title
1. The deed of conditional sale executed by DBP does not attach to titles secured by fraud and
vested on her the right to repurchase the lots, misrepresentation.
and;
2. Her right to repurchase them would have In this case this petitioner vs this respondent who
subsisted had they (the Gasatayas) not defrauded remained ownership of the property because of an OCT,
her. while petitioner was merely claiming ownership over it and
his proof is only a barangay certification that property was
Benin vs. Tuason residential lot and therefore should not be issued a patent.
(G.R. No L-26127, June 28, 1974)
Reconveyance may only take place if the land that is The Torrens title is conclusive evidence with respect to the
claimed to be wrongly registered is still registered in the ownership of the land described therein, and other matters,
name of the person who procured the wrongful which can be litigated and decided in land registration
registration. No action for reconveyance can take place as proceedings. 26 Tax declarations and tax receipts cannot
against a third party who had acquired title over the prevail over a certificate of title, which is an
registered property in good faith and for value. incontrovertible proof of ownership
In this case the SC basically said that if there is already an As to the issue that it should not have been issued a free
innocent purchaser for value, you cannot avail for an action patent because it was a residential lot SC said that it is not

enough that you classify it as residential because its iii. The property has not yet passed to an innocent
classification in the patent is agricultural land, it is not just purchaser for value; and,
for anybody to classify it as residential and agricultural. It iv. The action is filed after the certificate of title had
must be classified by a legitimate authority. already become final and incontrovertible but within
four years from the discovery of the fraud, or not
In addition, two requisite on the part of the one claiming later than 10 years in the case of an implied trust.
reconveyance:
1) identity of the land you are claiming What type of action is an action for reconveyance?
2) prove your title over the land It is not an action in rem as it is not binding on the whole
world. Rather, it is an action in personam because it binds
Here petitioner argue that the lot was included in his only the parties to the action. However, it is a real action
large property but even the petitioner cannot identify the because the subject of the action is a real property.
bounds of his property. And no title over the property.
Where to file
The Court holds that petitioner failed to prove the
requisites of reconveyance as he failed to prove the It shall be filed in the Regional Trial Courts.
identity of his larger property in relation to the disputed
property, and his claim of title by virtue of open, public and RA 7691, amending Sec. 19 of BP 129
continuous possession of the disputed property in the In all civil actions which involve the title to, or possession
concept of owner is nebulous in the light of a similar claim of, real property, or any interest therein, where the
by respondent who holds a free patent title over the assessed value of the property involved exceeds Twenty
subject property. thousand pesos (P20,000.00) or, for civil actions in Metro
Manila, where such value exceeds Fifty thousand pesos
Unlike petition for review here you need not only an (P50,000.00) except actions for forcible entry into and
interest but A CLAIM OF OWNERSHIP in action for unlawful detainer of lands or buildings, original jurisdiction
reconveyance. over which is conferred upon the Metropolitan Trial Courts,
Action for reconveyance is an action in personam because Municipal Trial Courts, and Municipal Circuit Trial Courts
it is directed to an individual but still a real action because
involve a real property. IOW, if it is PHP 20,000.00 or less, for those outside Metro
Manila, the action is to be filed before the MTC. For those
Under Article 434 of the Civil Code, to successfully within Metro Manila, if it is PHP 50,000.00 or less, the
maintain an action to recover the ownership of real action is to be filed before the MTC.
property, the person who claims a better right to it must
prove two (2) things: first, the identity of the land claimed; Republic vs. Mangatora,
and second, his title thereto. (G.R. No. 170375, July 7, 2010)
Actions affecting real possession of real property, a real
Action for Reconveyance, Requisites action shall commence and be tried in the proper court
i. The action must be brought in the name of a person over the jurisdictional area where the real property involve.
claiming ownership or dominical right over the land
registered in the name of the defendant; An action for reconveyance is an ordinary action filed in
ii. The registration of the land in the name of the the ordinary courts unlike your land registration
defendant was procured through fraud or other proceedings which fall with the LRC.
illegal means;
Quantum of Proof

What if you are in possession of the property but then you

“CLEAR AND CONVINCING EVIDENCE” find out that the title to that property has been wrongfully
registered in another’s name, but you are actually in
Lasquite vs. Victory Hills, Inc. possession of it? What is the prescriptive period?
(G.R. No. 175375, June 23, 2009)
The established legal principle in actions for annulment or Jurisprudence would have it that the ten-year prescriptive
reconveyance is that a party seeking it should establish not period only applies if there is an actual need to reconvey
merely by preponderance of evidence but by clear and the property. However, if the plaintiff, as the real owner of
convincing evidence that the land sought to be the property, still remains possession of the same, then the
reconveyed is his prescriptive period does not run against him. IOW, he may
file anytime.
The established legal principle in actions for annulment or
reconveyance of title is that a party seeking it should Amerol vs. Bagumbayan
establish not merely by a preponderance of evidence but (G.R. No. L-33261, September 30, 1987)
by clear and convincing evidence that the land sought to 2 parties applying for patent. Bagumbaran was granted the
be reconveyed is his. patent. Amerol found out and filed an action only 9 years
after issuance. Bagumbaran contends that actions based
Do not mind the case of cavile. Take note of the principle on fraud only prescribe only on 4 years but the SC held
in lasquite of CLEAR AND CONVINCING EVIDENCE. that there was an implied trust and its prescription period
is 10 years.
Cavile vs. Litania-Hong
(G.R. No.179540, March 13, 2009) Daclag vs. Macahilig
(G.R. No. 159578, Feb. 18, 2009)
Prescription ISSUE: WON action for reconveyance is prescribes in 4
years or 10 years
Prescription
 Based on fraud – 4 years from discovery or upon HELD:
issuance of certificate of title it is neither applied in this case because Maxima never
 Based on implied or constructive trust – 10 years owned the land. An action based on a void contract is
from issuance of certificate of title imprescriptible because Maxima never the owner of the
land in the first place.
 Article 1456 of the Civil Code provides that a
person acquiring property through fraud Action for Damages
becomes by operation of law a trustee of an
implied trust for the benefit of the real owner of Sec. 32
the property. An action for reconveyance based Review of decree of registration; Innocent purchaser for
on an implied or constructive trust prescribes in value. The decree of registration shall not be reopened or
ten (10) years from the date of the issuance of the revised by reason of absence, minority, or other disability
original certificate of title, for such registration of any person adversely affected thereby, nor by any
constitutes constructive notice to third persons of proceeding in any court for reversing judgments, subject,
the respondent’s adverse claim to the property. however, to the right of any person, including the
government and the branches thereof, deprived of land or
 Based on a void contract – imprescriptible of any estate or interest therein by such adjudication or
confirmation of title obtained by actual fraud, to file in the

proper Court of First Instance a petition for reopening and b) National treasurer
review of the decree of registration not later than one year
from and after the date of the entry of such decree of If you are able to recover damages from the person who
registration, but in no case shall such petition be was responsible for the fraud, can you still recover from
entertained by the court where an innocent purchaser for the assurance fund?
value has acquired the land or an interest therein, whose Not anymore. Bar from double recovery.
rights may be prejudiced. Whenever the phrase "innocent
purchaser for value" or an equivalent phrase occurs in this Action for reversion of public land:
Decree, it shall be deemed to include an innocent lessee, Lands of the public domain wrongfully registered in
mortgagee, or other encumbrancer for value. another person's name is imprescriptible
Upon the expiration of said period of one year, the decree Action for damages and recovery from the assurance fund
of registration and the certificate of title issued shall there must be no negligence in the part of the party asking
become incontrovertible. Any person aggrieved by such for damages or asking for recovery from the assurance
decree of registration in any case may pursue his remedy fund
by action for damages against the applicant or any other
persons responsible for the fraud. Action for reversion of public land is imprescriptible
because the person never owned the land in the first place.
It belongs to the public domain
- action to be filed against the applicant or the person

Recovery from the Assurance Fund
who caused the fraud, if the property is already in the
hands of an innocent purchaser for value
Sec. 95
- once the one-year period has already lapsed from the
Action for compensation from funds. A person who,
time of the entry of decree of registration by the LRA,
without negligence on his part, sustains loss or damage, or
the title has now become incontrovertible hence a
is deprived of land or any estate or interest therein in
party can no longer file a petition for review to open
consequence of the bringing of the land under the
the decree
operation of the Torrens system of arising after original
- an action for reconveyance under PD 1529 would not
registration of land, through fraud or in consequence of
be proper as well since the law also protects innocent
any error, omission, mistake or misdescription in any
purchasers for value
certificate of title or in any entry or memorandum in the
registration book, and who by the provisions of this Decree
If you have a petition for review or an action for
is barred or otherwise precluded under the provision of
reconveyance then it was later found out that it was
any law from bringing an action for the recovery of such
proven in court that the land was already passed on to an
land or the estate or interest therein, may bring an action
innocent purchaser for value, do you still have a remedy?
in any court of competent jurisdiction for the recovery of
Yes, remedy would be action for damages or recover from
damages to be paid out of the Assurance Fund.
the assurance fund
Assurance Fund
What is the basis for the action for damages?
- part of the fee when dealing with land transaction
Sec 32 PD 1529. Recovery from the assurance fund is Sec
with the Register of Deeds
95
- the fund is answer for damages that may be suffered
by those who are victims of wrongful registration
If you recover from the assurance fund, who will you sue?
a) Register of Deeds

Circumstances Remedy If the deprivation of the land is not just caused through
If the property sought to be Action for reconveyance fraud, negligence, omission, mistake or misfeasance of
owned was wrongfully the court personnel, Register of Deeds, his deputy, or
registered through fraud or other employees? What if there is another person
mistake in another’s name, involved who is not any of those mentioned?
and the one-year period has Jurisprudence holds that the action must also be brought
already lapsed from the date against the other person as co-defendant. So it will be the
of issuance of the questioned Register of Deeds, the National Treasure and the other
decree. co-defendant(s).
Action for damages from
If the property has already the person who allegedly Other Remedies Available
passed into the hands of an registered the property
innocent purchaser for value. through fraud a) Action for cancellation or reversion (Sec. 101 of the
Action for recovery Public Land Act)
against the Assurance - when it is found that the land registered under the
If the person who caused the Fund under Section 95 of Torrens System is actually not alienable and
fraud has become insolvent PD 1529 within a period disposable so it will revert back to the State
or if the action is barred by of six years from the time
prescription the right to bring such b) Annulment of Judgments, Final Orders or
action accrues Resolutions (Rule 407, Rules of Court)
Development Bank of the Philippines vs. Bautista c) Criminal Action for Perjury
(G.R. No. L-21362, Nov. 29, 1968)
It is necessary that there be no negligence on the part of d) Appeal from judgment (Section 33, 34)
the party sustaining any loss or damage or being deprived
of any land or interest therein by the operation of the
Torrens system after original registration. Thus, where
plaintiff is solely responsible for the plight in which he
finds himself, the Director of Lands and the National
Treasurer of the Philippines are exempt from any liability.
If party aggrieved is negligent, then he shall be solely

responsible for the plight in which he finds himself; cannot
ask anymore for recovery of damages. He can also no
longer make the Director of Lands and the National
Treasure liable.
Assurance Fund, defendants in the action

An action for compensation from the Assurance Fund must
be filed against the Register of Deeds of the province or
city where the land is situated and also the National
Treasure as defendants.

MODULE 5: CERTIFICATE OF TITLE

(Sections 39-50, Chapter IV) Decree binds the land
CHAPTER IV－Certificate of Title Del Prado vs. Caballero

(G.R. No. 148225, March 3, 2010)
It is a fundamental principle in land registration that a
Land registration
Certificate of Title serves as evidence of an indefeasible
and incontrovertible title to the property in favor of the
What happens after there is judgment from a registration
person whose name appears therein. Such indefeasibility
court of a grant of proceedings for land registration?
commences after one year from the date of entry of the
Give and order and forward it to the Land Registration
decree of registration.
Authority (LRA).
Inasmuch as the petition for registration of document did

Then after the LRA will enter the judgment what will
not interrupt the running of the period to file the
happen?
appropriate petition for review and considering that the
Give the title to the Registry of Deeds (RD) and the RD will
prescribed one-year period had long since expired, the
register it.
decree of registration, as well as the Certificate of Title
issued in favor of Respondents, had become
There is a decree of registration made by the court then it
incontrovertible.
will be given to the LRA and enter the decree of
registration. The LRA will forward it to the RD for
In this case, there was a conflict of sale between the
transcription.
boundaries of a sale according to the previous owner
which is only 4,000 sq m and when they looked at the
DECREE OF REGISTRATION
boundaries of the title, it covered 40,000 sq m
Order issued under the signature of the administrator of
the LRA in the name of the court stating that the land there
GR: What defines ownership over a parcel of land are the
in is registered in the applicant or the oppositor.
boundaries.
The entry of the decree of registration starts the running of

XPN: If there is a substantial difference
the one (1) year prescriptive period within which you may
file a petition for review.
40,000 sq m is not more or less the same as 4,000 sq m.
There is a big difference. The SC said that what will prevail
What is the book of the RD?
was what was sold according to the previous owners which
Registration book
were 4,000 sq m.
When does a Certificate of Title take effect?

If a free patent has already been granted to you, is it
From the date of transcription
necessary that you will register your free patent in the
land registration proceedings to make your title
What does a Certificate of Title do?
indefeasible?
Proof of ownership
Not anymore. If a free patent is granted to you, so long as
it is an alienable and disposable public land that free
Certificate of Title proves ownership while the title is the
patent is indivisible just like lands covered under the
ownership itself.
Torrens system.
Salient Features of the Torrens System

Certificate of Title third persons are concerned

- a person dealing with registered property need not go
Sec. 39 beyond the title of the predecessor-in-interest, only
Preparation of decree and Certificate of Title. After the has to rely on it
judgment directing the registration of title to land has - follows that where there is nothing in the CT to indicate
become final, the court shall, within fifteen days from entry any vice/encumbrance in the ownership, purchaser is
of judgment, issue an order directing the Commissioner to not required to explore further than what the Torrens
issue the corresponding decree of registration and title indicates on its face
Certificate of Title. The clerk of court shall send, within - it is enough that purchaser examined the latest CT
fifteen days from entry of judgment, certified copies of the issued by the vendor; purchaser is not bound by the
judgment and of the order of the court directing the OCT but only by the CT of the person from whom he
Commissioner to issue the corresponding decree of had purchased the property
registration and Certificate of Title, and a certificate stating

that the decision has not been amended, reconsidered, nor
appealed, and has become final. Thereupon, the Who has a better right over one parcel of land having
Commissioner shall cause to be prepared the decree of two Certificate of Title?
registration as well as the original and duplicate of the The first person who registered it first. If it has passed on
corresponding original Certificate of Title. The original to several buyers then you have to trace back the
Certificate of Title shall be a true copy of the decree of derivative title, such as in the case of Manotok Realty.
registration. The decree of registration shall be signed by
the Commissioner, entered and filed in the Land May a tax declaration defeat a Certificate of Title?
Registration Commission. The original of the original No, a tax declaration only proves possession; it may prove
Certificate of Title shall also be signed by the ownership in the absence of certificate of title.
Commissioner and shall be sent, together with the owner's
duplicate certificate, to the Register of Deeds of the city or What is the difference between an OCT and TCT?
province where the property is situated for entry in his OCT is the first issued title. TCT subsequent transfers after
registration book. OCT.
Sec. 40 If there are two owners of a parcel of land, is it necessary

Entry of Original Certificate of Title. Upon receipt by the that there would also be two copies of owner’s duplicate
Register of Deeds of the original and duplicate copies of certificate of title or will one suffice?
the original Certificate of Title the same shall be entered in The RD may only issue one certificate of title.
his record book and shall be numbered, dated, signed and
sealed by the Register of Deeds with the seal of his office. If there is more than one owner of the parcel of land Sec.
Said Certificate of Title shall take effect upon the date of 41 PD 1529 tells you that your RD may issue only one
entry thereof. The Register of Deeds shall forthwith send where there is a declaration of who the owners are, but if
notice by mail to the registered owner that his owner's the co-owners would wish to have a copy for each of them
duplicate is ready for delivery to him upon payment of then the co-owners would request the RD to issue
legal fees. separate certificates of titles.
Guaranteed Homes, Inc. vs. Valdez What should appear in the certificate of titles?
(G.R. No. 171531, Jan. 30, 2009) The same thing that appears in each and every copy.
Act of Registration
- operative act to convey or affect the land insofar as

If one of the co-owners decide to mortgage the parcel of said land is registered and inscribed in the Certificate of
land and he has obtained consent from the other Title has a more preferential right to the possession of the
co-owner and these co-owners have their separate owners' duplicate than one whose name does not appear
duplicate certificates. Is it enough that A would annotate in the certificate and has yet to establish his right to the
the mortgage in his title but the duplicate certificate of possession thereto.
co- owner B not be updated?
The encumbrance should be annotated in both titles to The SC tells us that a person alleging to have rights over
prevent double sales or fraud. What is written in one copy the property vis-à-vis a person whose name appears on
should also be found in the other. the Certificate of Title, who has a better right of
possessing the Certificate of Title?
Original Certificate of Title The one whose name appears on the certificate.
Sec. 40 While he has allocations over the rights of the property the
Entry of Original Certificate of Title. Upon receipt by the SC says that you have already protected your right by filing
Register of Deeds of the original and duplicate copies of a counter claim and by having annotated a notice of lis
the original Certificate of Title the same shall be entered in pendens.
his record book and shall be numbered, dated, signed and
sealed by the Register of Deeds with the seal of his office. Statutory liens
Said Certificate of Title shall take effect upon the date of
entry thereof. The Register of Deeds shall forthwith send What are statutory liens affecting title?
notice by mail to the registered owner that his owner's Limits the registered owner’s absolute title over the
duplicate is ready for delivery to him upon payment of property
legal fees.
1) Liens, claims or rights existing or arising under the
Owner’s Duplicate Certificate laws or the constitution not required to appear in the
title
Sec. 41 2) Unpaid real estate taxes
Owner's duplicate Certificate of Title. The owner's 3) Public highway or private way
duplicate Certificate of Title shall be delivered to the 4) Limitations under PD 27 (emancipation of tenants
registered owner or to his duly authorized representative. from bondage of the soil)
If two or more persons are registered owners, one owner's 5) Rights incident to husband and wife, and land lord
duplicate certificate may be issued for the whole land, or if and tenant
the co-owners so desire, a separate duplicate may be 6) Liability to attachment or levy on execution
issued to each of them in like form, but all outstanding 7) Liability to any lien established by law
certificates of title so issued shall be surrendered whenever 8) Partition between co-owners
the Register of Deeds shall register any subsequent 9) Eminent domain
voluntary transaction affecting the whole land or part 10) Right to relive the land from liability to be recovered
thereof or any interest therein. The Register of Deeds shall by an assignee in insolvency or trustee
note on each Certificate of Title a statement as to whom a 11) Liabilities created by law to unregistered lands
copy thereof was issued.
Supposing there was a mortgage over a parcel of land
Reyes vs. Raval-Reyes before it was registered under the Torrens system. Upon
(G.R. No. L-21703, August 31, 1966) registration over the parcel of land, the rent was not
The owner of the land in whose favor and in whose name annotated on the Certificate of Title. The owner sold the

land. Will the third person be bound by the real estate 2) Civil status (name of spouse)
mortgage? 3) Residence/postal address
4) Citizenship
GR: You are not bound by encumbrances that are not 5) Liens and encumbrances
annotated on the title.
Litam vs. Espiritu
XPN: Under the enumeration above (G.R. No. L-7644, November 27, 1956)
Evidence favors the defendants. Plaintiffs were not able to
Is there an instance where even if it was not annotated prove their alleged status as children of Rafael Litam by a
on the title, the buyer may be bound by the rent? marriage with Sia Khin. Furthermore, the documents
Not bound except when he has personal knowledge of the executed by the decedent himself show that he had not
real estate mortgage. Whether it is annotated or not, the contracted any previous marriage and that he had no child.
buyer is already notified if he has personal knowledge
Second Issue: W/N the properties in question are the
Transfer Certificate of Title exclusive ownership of Marcosa or common property of
her and the decedent. Exclusive property.
Sec. 43
Transfer Certificate of Title. The subsequent Certificate of The properties were bought by Marcosa during her
Title that may be issued by the Register of Deeds pursuant marriage with Rafael Litam, but bought using her separate
to any voluntary or involuntary instrument relating to the and exclusive money. The properties are undeniably her
same land shall be in like form, entitled "Transfer paraphernal properties.

Certificate of Title", and likewise issued in duplicate. The
certificate shall show the number of the next previous Further proof are the very Torrens Titles covering said
certificate covering the same land and also the fact that it properties. All the said properties are registered in the
was originally registered, giving the record number, the name of ‘Marcosa Rivera, married to Rafael Litam.’
number of the original Certificate of Title, and the volume If the properties were conjugal, the titles should have been
and page of the registration book in which the latter is issued in the names of Rafael Litam and Marcosa Rivera.
found.
The words ‘married to Rafael Litam’ written after the name
Statement of Personal Circumstances of Marcosa are merely descriptive of her civil status.
For reference
Sec. 45
Section 45, PD 1529
Statement of personal circumstances in the
Every Certificate of Title shall set forth the full names of all
certificate. Every Certificate of Title shall set forth the full
persons whose interests make up the full ownership in the
names of all persons whose interests make up the full
whole land, including their civil status, and the names of
ownership in the whole land, including their civil status,
their respective spouses, if married, as well as their
and the names of their respective spouses, if married, as
citizenship, residence and postal address. If the property
well as their citizenship, residence and postal address. If
covered belongs to the conjugal partnership, it shall be
the property covered belongs to the conjugal partnership,
issued in the names of both spouses.
it shall be issued in the names of both spouses.
Marcosa Rivera case, Litam was married to Rivera. Children

What personal circumstances of the registered owner
wanted the land. Rivera contended that it was her exclusive
should be stated in the Certificate of Title?
land bought by her own money. What was written on the
1) Name

Certificate of Title was “married to __”. It does not Registered Land Not Subject to Prescription
automatically mean that the property is conjugal property.
It is only indicative of your status and it does not Sec. 47
necessarily mean that it is conjugal property. Registered land not subject to prescriptions. No title to
registered land in derogation of the title of the registered
Philippine National Bank vs. Court of Appeals and Vitug owner shall be acquired by prescription or adverse
(G.R. No. 57757, August 31, 1987) possession.
A Torrens title concludes all controversy over ownership of
the land covered by a final decree of registration. No title to registered land in derogation of the title of the
registered owner shall be acquired by prescription or
The mortgaged properties were registered in the name of adverse possession.
Donata. In processing the loan applications, PNB had the
right to rely on what appears in the certificates of title and You don’t have to be in every square inch of the land for
no more. your title to be registered. Even if you live abroad so long
as you have a Certificate of Title your land will be
On its face the properties are owned by Donata protected.
Montemayor, a widow. The PNB had no reason to doubt
nor question the status of said registered owner and her Republic vs. Mendoza
ownership thereof. Indeed, there are no liens and (G.R. No. 185091, August 8, 2010)
encumbrances covering the same. Act of registration
- Operative act to convey or affect the land insofar as
The well-known rule in this jurisdiction is that a person third persons are concerned
dealing with a registered land has a right to rely upon the - A person dealing with registered property need not go
face of the Torrens Certificate of Title and to dispense with beyond the title of the predecessor-in-interest, only
the need of inquiring further, except when the party has to rely on it
concerned has actual knowledge of facts and - Follows that where there is nothing in the ct to indicate
circumstances that would impel a reasonably cautious man any vice/encumbrance in the ownership, purchaser is
make such inquiry. not required to explore further than what the torrens
title indicates on its face
You don’t need to go beyond the title. - It is enough that purchaser examined the latest ct
issued by the vendor; purchaser is not bound by the
Donata Montemayor was a widow and nothing would have oct but only by the ct of the person from whom he had
prompted them to investigate further because it was right purchased the property
for them to presume that Donata Montemayor could have
bought it at the time that she was already a widow as Land used by Pansinisingin Primary School (PPS) operated
written on the Certificate of Title therefore it is not by the Republic but registered under the Mendozas.
considered as conjugal property. Republic contends that Mendozas already relinquished
their right over the land and the republic was already
Supposing Mr. A owns a parcel of land and it is already paying the tax declarations. Mendoza counters by saying
registered. May Mr. B acquire the land through he never relinquished his right but only let the republic use
prescription? his land.
No, because the Certificate of Title has made the land
indefeasible. Decree of registration is conclusive upon all persons
including the government but when owner agrees

voluntarily the taking by the government he waives his

right for a formal expropriation proceeding. In the present case, the attack on the title id definitely
merely collateral as the relief being sought by private
Remedy of Mendoza is payment of just compensation not respondents in their action was recovery of possession.
ejectment.
D.B.T. Mar-Bay Construction, Inc. vs. Panes Leyson vs. Bontuyan

(G.R. No. 167232, July 31, 2009) (G.R. No. 156357, Feb 18, 2005)
Respondents' claim of acquisitive prescription over the Please take note, this case was handled by the law firm of
subject property is baseless. No title to registered land in Atty.
derogation of the rights of the registered owner shall be The CA failed to consider the fact that the petitioners
acquired by prescription or adverse possession. Further, inserted a counterclaim repleading the allegation that
prescription will not run against a person who has actual Gregorio Bontuyan secured the OCT through fraud and
possession of the disputed land. deceit and prayed for the nullification thereof.
Certificate of Title not subject to Collateral Attack The action is considered direct when the object of an
action is to annul or set aside such proceeding, or enjoin
Sec. 48 its enforcement.

Certificate not subject to collateral attack. A Certificate of
Title shall not be subject to collateral attack. It cannot be Compared with the case of Caraan vs. Court of Appeals.
altered, modified, or canceled except in a direct
proceeding in accordance with law. Leyson Case
In this case, he filed an answer to the suit along with a
What is the difference between a direct attack and a counterclaim. He did not only answer the suit but he also
collateral attack on the validity of a Certificate of Title? filed another case through a counterclaim making it an
independent action directly attacking the validity of
Direct Attack – the main purpose is to attack the validity of Bontunyan’s title. It was proven that there was fraud
the title e.g. a petition for review. Main purpose is to prove therefore he had better right over the property.
in court that the title is null and void due to extrinsic fraud.
Caraan Case
Collateral Attack – the purpose of the proceedings is to There was also a counterclaim. The problem was that while
obtain some relief, other than the attacking the validity of there was an allegation of fraud, it was just stated on his
the title. The attack is only an incident. defense, it was not anymore mentioned on his
counterclaim. The only thing mentioned on his
Caraan vs. Court of Appeals counterclaim was that he was already the owner through
(G.R. No. 140752, November 11, 2005) prescription but there was nothing there alleging that
PD 1529 provides that a Certificate of Title shall not be there was this spurious OCT. The validity of the title was
subject to collateral attack. It cannot be altered, modified, attacked indirectly because the relief he sought on the
or cancelled except in a direct proceeding in accordance case was recovery of possession while the declaration of
with law. Certificate of Title as void was only secondary.
Jurisprudence would define the same as an action to Oño vs. Lim

obtain a different relief, an attack on the judgment is (G.R. No. 154270, March 9, 2010)
nevertheless made as an incident thereof. Quieting of title is a common law remedy for the removal

of any cloud, doubt, or uncertainty affecting title to real Subdivision and consolidation plans. Any owner
property. subdividing a tract of registered land into lots which do
not constitute a subdivision project has defined and
The action to quiet title was neither a direct not a provided for under P.D. No. 957, shall file with the
collateral attack on the OCT. Commissioner of Land Registration or with the Bureau of
Lands a subdivision plan of such land on which all
Lim was asserting only that he existing title registered in boundaries, streets, passageways and waterways, if any,
the name of the petitioners’ predecessors had become shall be distinctly and accurately delineated.
inoperative due to the conveyance in favor of Lim’s
mother, which should be cancelled. If a subdivision plan, be it simple or complex, duly
approved by the Commissioner of Land Registration or the
Lim did not assail the validity of the OCT or challenge the Bureau of Lands together with the approved technical
judgment by which the title of the lot involved had been descriptions and the corresponding owner's duplicate
decreed. Certificate of Title is presented for registration, the Register
of Deeds shall, without requiring further court approval of
In this case, there was neither a direct attack on the validity said plan, register the same in accordance with the
of the title not a collateral attack, what Lim was only saying provisions of the Land Registration Act, as amended:
was that the title is valid but as of now it is no longer Provided, however, that the Register of Deeds shall
operative because there was already transfer. annotate on the new Certificate of Title covering the street,
passageway or open space, a memorandum to the effect
Invalid title due to fraud is different when the title is invalid that except by way of donation in favor of the national
because the land covered by the title is a public land. government, province, city or municipality, no portion of
any street, passageway, waterway or open space so
Splitting and Consolidation delineated on the plan shall be closed or otherwise

disposed of by the registered owner without the approval
of the Court of First Instance of the province or city in
Sec. 49
which the land is situated.
Splitting, or consolidation of titles. A registered owner of
several distinct parcels of land embraced in and covered by
A registered owner desiring to consolidate several lots into
a Certificate of Title desiring in lieu thereof separate
one or more, requiring new technical descriptions, shall file
certificates, each containing one or more parcels, may file a
with the Land Registration Commission, a consolidation
written request for that purpose with the Register of Deeds
plan on which shall be shown the lots to be affected, as
concerned, and the latter, upon the surrender of the
they were before, and as they will appear after the
owner's duplicate, shall cancel it together with its original
consolidation. Upon the surrender of the owner's duplicate
and issue in lieu thereof separate certificates as desired. A
certificates and the receipt of consolidation plan duty
registered owner of several distinct parcels of land covered
approved by the Commission, the Register of Deeds
by separate certificates of title desiring to have in lieu
concerned shall cancel the corresponding certificates of
thereof a single certificate for the whole land, or several
title and issue a new one for the consolidated lots.
certificates for the different parcels thereof, may also file a
written request with the Register of Deeds concerned, and
The Commission may not order or cause any change,
the latter, upon the surrender of the owner's duplicates,
modification, or amendment in the contents of any
shall cancel them together with their originals, and issue in
Certificate of Title, or of any decree or plan, including the
lieu thereof one or separate certificates as desired.
technical description therein, covering any real property
registered under the Torrens system, nor order the
Sec. 50
cancellation of the said Certificate of Title and the issuance

of a new one which would result in the enlargement of the

area covered by the Certificate of Title.
Is there a need for a court proceeding to split or

consolidate?
None, but there is a need to present the titles of the
parcels of lot.
SPLITTING
1) Submit a subdivision plan to the RD on how to divide
the lot.
2) Surrender the old Certificate of Title so that a new
one will be issued.
CONSOLIDATION
Surrender all certificates of title and then it will be canceled
and a single Certificate of Title will be issued
Suppose you have a large parcel of land and you want to

sell a portion, but it is not subdivided. How will a buyer
protect his right over the portion that he bought?
The buyer may ask the Registry of Deeds to annotate a
memorandum at the back of the title that you have bought
a portion of the land so that 3rd persons will be notified
that you have bought a portion of the land.

MODULE 6: SUBSEQUENT REGISTRATION In subject case, the Court ruled GHI had a better right to
(CHAPTER V, Sections 51-77) the property despite the complaint of respondents that
Cirpriano had fraudulently asserted he was the sole heir of
Sps. Rodolfo. The complaint does not allege any defect
Voluntary Dealings with Registered Lands
with TCT in the name of the spouses Rodolfo, who were
petitioner's predecessors-in-interest, or any circumstance
Operative Act to Convey or Affect Registered Land
from which it could reasonably be inferred that petitioner
had any actual knowledge of facts that would impel it to
For a conveyance or a lien on a property registered under
make further inquiry into the title of the spouses Rodolfo
the Torrens System to affect a 3rd person there it must be
annotated at the back of the certificate of title. An
Since "the act of registration is the operative act to convey
exception where a lien or conveyance that is not annotated
or affect the land insofar as third persons are concerned", it
at the back of the title and still affect a 3rd person is that if
follows that where there is nothing in the certificate of title
the 3rd person has personal knowledge of such dealings or
to indicate any cloud or vice in the ownership of the
conveyance.
property, or any encumbrance thereon, the purchaser is
not required to explore farther than what the Torrens title
Sec. 51
upon its face indicates in quest for any hidden defect or
Conveyance and other dealings by registered owner. An
inchoate right that may subsequently defeat his right
owner of registered land may convey, mortgage, lease,
thereto. If the rule were otherwise, the efficacy and
charge or otherwise deal with the same in accordance with
conclusiveness of the certificate of title which the Torrens
existing laws. He may use such forms of deeds, mortgages,
system seeks to insure would entirely be futile and
leases or other voluntary instruments as are sufficient in
nugatory
law. But no deed, mortgage, lease, or other voluntary
instrument, except a will purporting to convey or affect
Fernandez vs. Court of Appeals
registered land shall take effect as a conveyance or bind
(G.R. No. 83141, September 21, 1990)
the land, but shall operate only as a contract between the
Facts:
parties and as evidence of authority to the Register of
2 Sps. Fernandez bought subject lot from Torres,
Deeds to make registration.
agreeing that the same would be purchased by them in
common. However, Torres issued the Deed of
The act of registration shall be the operative act to convey
Conditional Sale only to Zenaida-Fernandez Sps.
or affect the land insofar as third persons are concerned,
Thereafter, the latter executed an affidavit acknowledging
and in all cases under this Decree, the registration shall be
the lot was also paid by the Vivien Fernandez spouses.
made in the office of the Register of Deeds for the
The Zenaida Sps. However, issued a COT only in their
province or city where the land lies.
favour
Sec. 52
The couple then built a duplex on subject lot.
Constructive notice upon registration. Every conveyance,
Thereafter, the husband of Zenaida Fernandez waived his
mortgage, lease, lien, attachment, order, judgment,
right to the lot when the couple filed a dissolution of their
instrument or entry affecting registered land shall, if
conjugal property. Angeles-Fernandez then ordered the
registered, filed or entered in the office of the Register of
Fernandez sps to vacate the premises on the ground
Deeds for the province or city where the land to which it
subject lot was awarded to her by the court.
relates lies, be constructive notice to all persons from the
time of such registering, filing or entering.
Fernandez couple then filed a complaint for quieting of
title against Zenaida Fernandez. RTC ruled the Vivien
Guaranteed Homes, Inc. vs. Valdez, supra

Fernandez sps. and Zenaida Fernandez were both entitled interest which is unregistered at the time he acquired a
to ½ of the lot, and that the latter execute a deed of right to the same land, his knowledge of that prior
conveyance in favour of the former. The fact that unregistered interest has the effect of registration as to
Vivien-Fer. Sps name does not appear in the absolute sale him. The Torrens system cannot be used as a shield for the
as a co-vendee is of no moment, since the same appears in commission of fraud
the deed of conditional sale.
Hence, the non-registration of the affidavit by the Zenaida
CA rendered a decision in favour of Zenaida, alleging the sps admitting the sale of a portion of the lot to the
cause of action of plaintiffs had prescribed since a TCT was petitioners cannot be invoked as a defense because
issued in favour of Zenaida sps in 1970, moreover, the knowledge of an unregistered sale is equivalent to
plaintiffs should have asserted their claims to the property registration.
during the dissolution of Zenaida sps’ property. Hence,
this petition The Spouses were saying that they should not be
compelled to honor the sale because the sale was
Issue: unregistered but the Supreme Court said that the fact
WON plaintiffs are entitled to a portion of the subject being that you are a party to the sale, you already have
property knowledge of the sale. Knowledge of an unregistered sale
is already registration. No need for annotation because
Ruling: they have already actual and personal knowledge to the
Plaintiffs have a right to a portion of the lot. CA erred sale.
in not declaring them as part owners of the subject
property. Fudot vs. Cattleya Land, Inc., supra
It has been held that between two transactions concerning
There is sufficient evidence on record to prove that the same parcel of land, the registered transaction prevails
petitioners and spouses Justiniano and Zenaida Fernandez over the earlier unregistered right. The act of registration
purchased in common the lot subject of this case and that operates to convey and affect the registered land so that a
it was the parties' intention to become owners of specific bona fide purchaser of such land acquires good title as
portions thereof (Deed of Conditional Sale) against a prior transferee, if such prior transfer was
unrecorded.
CA lost sight of the fact when petitioners knew the Deed of
Absolute Sale was executed in the names of Zenaida Sps Every mortgage, conveyance, lien, registered with the
alone, plaintiffs confronted the latter, resulting in the Deed of Sale, shall be constructive notice upon
execution of an Affidavit, acknowledging petitioner’s registration. Respondent was able to register Deed of
purchase Conditional Sale in 1992, whereas petitioner in 1995.
Hence, petitioner is deemed to know the former’s
CA’s contention the TCT was named under Zenaida sps registration since it serves as constructive notice.
and petitioners should have taken steps to include there
names, is erroneous. Double Sales
Sec. 51 of P.D. 1529, provides that the registration of the

Art. 1544 of the Civil Code
deed is the operative act to bind or affect the land insofar If the same thing should have been sold to different
as third persons are concerned. vendees, the ownership shall be transferred to the person
who may have first taken possession thereof in good faith,
But where the party has knowledge of a prior existing if it should be movable property.

Respondent has a better right to the property. Since

Should it be immovable property, the ownership shall petitioner did not know land was registered under the
belong to the person acquiring it who in good faith first Torrens system, the former registered under RA 344
recorded it in the Registry of Property.
the SC held: registration must be done in the proper
Should there be no inscription, the ownership shall pertain registry to bind the land. constructive notice to the second
to the person who in good faith was first in the buyer through registration under Act 3344 does not apply
possession; and, in the absence thereof, to the person who if the property is registered under the Torrens system, as in
presents the oldest title, provided there is good faith. this case.
GR: Where there are two (2) valid sales in favor of two The law under Art. 1544 provides: that a double sale of
different persons on the same subject parcel of land, to immovables transfers ownership to (1) the first registrant in
determine who has the better right: good faith; (2) then, the first possessor in good faith; and
1) First recorded it in good faith, in the Registry of (3) finally, the buyer who in good faith presents the oldest
Property title
2) First in possession (in good faith)
3) Person who presents the oldest title (provided there This is in accord with Sec. 51 which provides: that no
is good faith) deed, mortgage, lease or other voluntary instrument
— except a will — purporting to convey or affect
Abrigo vs. De Vera registered land shall take effect as a conveyance or bind
(G.R. No. 154409, June 21, 2004) the land until its registration.
Facts:
Gloria Villafenia sold subject lot to Go and Salazar. She Thus, if the sale is not registered, it is binding only between
was given a period of one year to redeem the property, but the seller and the buyer but it does not affect innocent
failed. Unbeknownst to Go and Salazar, Villafenia had third persons.
obtained a free patent over the lot. Thereafter, Go and
Salazar sold the property to Sps. Abrigo. Respondent was in good faith since there were no
irregularities in the COT of Gloria.
Thereafter, Villafenia sold the same house and lot to de
Vera. A TCT was issued in de Vera’s name, and the former The property was already registered under the Torrens
instituted a case of forcible entry against Sps. Abrigo. FE System. The 1st buyer registered it under 3344 because
was terminated based on the parties’ agreement. according to them they were made to believe that it was
Thereafter, petitioners instituted an action for annulment not yet registered, while the 2nd buyer, having relied on
of documents, injunction, p.i, against respondents and the Torrens Certificate of Title, already registered the sale
Villafenia. RTC ruled in favour of petitioners under the Torrens System under PD 1529. The 1st buyer
was saying that they were the 1st buyer and also the 1st
CA reversed the decision, ruling De Vera was a buyer in registrant.
good faith, hence, this petition
The SC said that they could not be considered as the first
Issue: registrant in good faith because they registered it in the
Who between petitioner and respondent has a better wrong registry.
right to the property
They contend that it was not their fault because they
Ruling: believed that it was unregistered. The SC said it could not

be an excuse because once it is registered under the second buyer registers such second sale in good faith, that
Torrens System it is already considered constructive notice is, without knowledge of any defect in the title of the
to the whole world. property.
What if the land was registered under the Torrens System San Lorenzo Development Corporation vs. CA, et. al. (G.R.
only after the 1st sale where the 1st buyer already No. 124242, January 21, 2005)
registered it under 3344. Under the set of facts, who has The rules on double sale (Article 1544) does not apply to a
the better right? case where there was a sale to one party of the land itself
“Sps. Abrigo because prior to the registration under the while the other contract was a mere promise to sell the
Torrens system which took place after the 1st sale, the sps. land or at most an actual assignment of the right to
Abrigo rightfully registered under 3344 which governs the repurchase the same land. Accordingly, there was no
registration of unregistered lands because the land was double sale of the same land in this case. The agreement
not yet registered under PD 1529” between Babasanta and the Spouses Lu is a contract to sell
and not a contract of sale.
Under the given set of facts it would now be the Abrigos
who had the better right because they registered it under In this case there was only a down payment, and the final
the correct registry. Considered valid and effective payment was not even received because there was a
registration and is not deemed constructive notice to the disagreement as to the price. You cannot say that the
whole world. contract between Babasanta was a sale; it was only a
contract to sell. For 1544 to apply, there must be two (2)
Bayoca vs. Nogales, valid sales. Ergo, the one who had the contract of sale has
G.R. 138201, September 12, 2000 the better right.
Article 1544 of the Civil Code governs the preferential
rights of vendees in cases of multiple sales, as follows: Contract to sell – there is no transfer of ownership, there is
“Article 1544. If the same thing should have been sold to only transfer only upon full payment when the owner
different vendees, the ownership shall be transferred to the would contract a deed of sale.
person who may have first taken possession thereof in
good faith, if it should be movable property. Calalang vs. Register of Deeds
(G.R. No. 76265, March 11, 1994)
Should it be immovable property, the ownership shall Petitioner said that the judgment was not binding upon
belong to the person acquiring it who on good faith first them because they were not served notices. The SC said
recorded it in the Registry of Property. that a reconstitution proceeding is a proceeding in rem.
Therefore so long as the publication has been made, that is
Should there be no inscription, the ownership shall pertain already constructive notice on the whole world.
to the person who in good faith was first in possession;
and in the absence thereof, to the person who presents the Cruz vs. Cabana
oldest title, provided there is good faith.” (G.R. No. 56232, June 22, 1984)
Before the second buyer can obtain priority over the first,
Based on the foregoing, to merit the protection under he must show that he acted in good faith throughout from
Article 1544, second paragraph, the second buyer must act the time of acquisition until the title is transferred to him
in good faith in registering the deed. Thus, it has been held by registration or failing registration, by delivery of
that in cases of double sale of immovables, what finds possession. The second buyer must show continuing good
relevance and materiality is not whether or not the second faith and innocence or lack of knowledge of the first sale
buyer was a buyer in good faith but whether or not said until his contract ripens into full ownership through prior

registration as provided by law." The production of the owner's duplicate certificate,

whenever any voluntary instrument is presented for
The SC explained that when a 2nd buyer has been registration, shall be conclusive authority from the
considered as having no knowledge to be able to displace registered owner to the Register of Deeds to enter a new
the 1st buyer. certificate or to make a memorandum of registration in
accordance with such instrument, and the new certificate
When is the time of knowledge? or memorandum shall be binding upon the registered
From the time of the sale up to registration. owner and upon all persons claiming under him, in favor of
every purchaser for value and in good faith.
When can you say a registration of a subsequent
conveyance or dealing in a property is already In all cases of registration procured by fraud, the owner
registered? may pursue all his legal and equitable remedies against the
For there to be a complete registration there must be a parties to such fraud without prejudice, however, to the
presentation of the owner’s duplicate certificate of title. It rights of any innocent holder for value of a certificate of
is not enough that the books of registry there is an title. After the entry of the decree of registration on the
annotation of the conveyance but there must also be an original petition or application, any subsequent
annotation or registration in the owners duplicate registration procured by the presentation of a forged
certificate. duplicate certificate of title, or a forged deed or other

instrument, shall be null and void.
What is the effect if there is an issuance of a new transfer

certificate of title in favor of a party where that third Innocent Purchaser for Value; Forged Deeds
party has not surrendered the previous certificate of

title? What is the rule on forged deeds?
The new TCT is not valid and will not confer any right GR: A forged deed does not convey title.
because there is still the outstanding previous certificate of
title. It must first be surrendered. XPN: When it is transferred to an innocent purchaser
for value
What if there is transmittal in favor of a buyer and the
buyer wants the certificate of title to be transferred in his XPN to the XPN: The purchaser has been the victim of
name, but the seller will not surrender the certificate of impostors pretending to be the registered owners but are
title. Is there a remedy? not the real owners.
The buyer may petition in court to compel the seller to
surrender the certificate of title The registration is still in the name of the registered owner
and not the forger, the purchaser was dealing with the
Presentation of Owner’s Duplicate upon entry of new impostor.
certificate
Joaquin vs. Madrid
Sec. 53 (G.R. No. L-13551, January 30, 1960)
Presentation of owner's duplicate upon entry of new This case is the exception to the exception to the general
certificate. No voluntary instrument shall be registered by rule. Joaquin was not entitled to protection under the law.
the Register of Deeds, unless the owner's duplicate He may be an innocent mortgagee but the problem was
certificate is presented with such instrument, except in that the title was still in the name of Sps. Madrid.
cases expressly provided for in this Decree or upon order

of the court, for cause shown. The innocent purchaser for value protected by law is one

who purchases a titled land by virtue of a deed executed and as aptly stated by respondent appellate court "even on
by the registered owner himself, not by a forged deed, as the supposition that the sale was void, the general rule that
the law expressly states. the direct result of a previous illegal contract cannot be
valid (on the theory that the spring cannot rise higher than
Such is not the situation of the petitioner, who has been its source) CANNOT apply here for we are confronted with
the victim of impostors pretending to be the registered the functioning of the Torrens System of Registration.
owners but who are not said owners.
The doctrine to follow is simple enough: a fraudulent or
The giving of the certificate of title to Carmencita de Jesus forged document of sale may become the ROOT of a valid
is in itself no act of negligence on the part of respondents; title if the certificate of title has already been transferred
it was perfectly a legitimate act. Delay in demanding the from the name of the true owner to the name of the forger
certificate of title is no act of neglect either, as respondents or the name indicated by the forger."
have not executed any deed or document authorizing
Carmencita de Jesus to execute deeds for and on their A mortgagee has the right to rely on what appears in the
behalf. It was petitioner who was negligent, as he did not certificate of title and, in the absence of anything to excite
take enough care to see to it that the persons who suspicion, he is under no obligation to look beyond the
executed the deed of mortgage are the real registered certificate and investigate the title of the mortgagor
owners of the property. appearing on the face of said certificate.
This case the exception to the general rule.

Muñoz vs. Yabut and Go Chan
(G.R. No. 142676, June 06, 2011) The forger had a title from the true owner. Title of the
Sps. Ching lived with sister Muñoz. Sps. Ching sold to true owner was cancelled and transferred to the
Muñoz for service rendered. Muñoz sold to Emilia Ching mother/forger. Then she sold it to the respondents.
then Ching to Sps. Go. Go mortgaged to BPI and BPI Respondents now considered as innocent purchasers
foreclosed the land. It was then bought by Chan. It was because the title is already in the name of the forger at the
later found that the document containing the sale of time of the sale.
Muñoz to Ching was forged.
Adriano vs. Pangilinan
SC said that although there was an exception to the (G.R. No. 137471, January 16, 2002)
general rule. This case is the exception to the exception. It is quite clear from the testimony of respondent that he
The document was still in the name of the registered dismally failed to verify whether the individual executing
owner. There was no ruling of the SC as to whether Sps. the mortgage was really the owner of the property.
Chan were considered as innocent purchasers for value
because it remanded the case back to the trial court. The ocular inspection respondent conducted was primarily
intended to appraise the value of the property in order to
Duran vs. Intermediate Appellate Court determine how much loan he would grant. He did not
(G.R. No. L-64159, September 10, 1985) verify whether the mortgagor was really the owner of the
Good faith consists in the possessor's belief that the property sought to be mortgaged. Because of this, he must
person from whom he received the thing was the owner of bear the consequences of his negligence.
the same and could convey his title.
Petitioner’s act of entrusting and delivering his TCT and
In the case at bar, private respondents, in good faith relied Residence Certificate to Salvador was only for the purpose
on the certificate of title in the name of petitioner’s mother of helping him find a money lender. Not having executed a

power of attorney in her favor, he clearly did not authorize title from the owner or from the transferee of the
her to be his agent in procuring the mortgage. He only registered owners.
asked her to look for possible money lenders.
There is only cancellation of previous certificate and
If he were an ordinary individual without any expertise or issuance of a new certificate if the dealing on the property
experience in mortgages and real estate dealings, we results to divestiture of ownership like a sale or a donation
would probably understand his failure to verify essential but if it is only a real estate mortgage, it is only a security
facts. However, he has been in the mortgage business for over a loan. It does not divest the owner of title over the
seven years. Thus, assuming that both parties were property. There is no new issuance; there is only
negligent, the Court opines that respondent should bear annotation on the title.
the loss. His superior knowledge of the matter should have
made him more cautious before releasing the loan and How about a contract to sell? No.
accepting the identity of the mortgagor.
Where will you find the annotation?
This case is the exception to the exception. Dorsal side of the certificate of title.
Will there be a new issuance of certificate of title if the Contents of Voluntary Instrument
buyer would present to the register of deeds a deed of
sale and the buyer would also surrender the certificate of Sec 55.
title? Yes. Grantee's name, nationality, etc., to be stated. Every deed
or other voluntary instrument presented for registration
Memorandum of Encumbrances shall contain or have endorsed upon it the full name,
nationality, residence and postal address of the grantee or
Sec. 54 other person acquiring or claiming an interest under such
Dealings less than ownership, how registered. No new instrument, and every deed shall also state whether the
certificate shall be entered or issued pursuant to any grantee is married or unmarried, and if married, the name
instrument which does not divest the ownership or title in full of the husband or wife. If the grantee is a
from the owner or from the transferee of the registered corporation or association, the instrument must contain a
owners. All interests in registered land less than ownership recital to show that such corporation or association is
shall be registered by filing with the Register of Deeds the legally qualified to acquire private lands. Any change in the
instrument which creates or transfers or claims such residence or postal address of such person shall be
interests and by a brief memorandum thereof made by the endorsed by the Register of Deeds on the original copy of
Register of Deeds upon the certificate of title, and signed the corresponding certificate of title, upon receiving a
by him. A similar memorandum shall also be made on the sworn statement of such change. All names and addresses
owner's duplicate. The cancellation or extinguishment of shall also be entered on all certificates.
such interests shall be registered in the same manner.
Notices and processed issued in relation to registered land
How about a real estate mortgage? If you can present a in pursuance of this Decree may be served upon any
real estate mortgage contract and also present the person in interest by mailing the same to the addresses
certificate of title. No. given, and shall be binding, whether such person resides
within or without the Philippines, but the court may, in its
No new certificate shall be entered or issued pursuant to discretion, require further or other notice to be given in
any instrument which does not divest the ownership or any case, if in its opinion the interest of justice so requires.

What should a voluntary instrument contain? sealed by the Register of Deeds, endorsed with the file
a) Name number, and copies may be delivered to the person
b) Civil status presenting them.
c) Residence
d) Postal address Certified copies of all instruments filed and registered may
also be obtained from the Register of Deeds upon
How about if it involves a corporation? payment of the prescribed fees.
It must also state that it is legally authorized and qualified
to acquire land What is the Primary Entry Book?
It involves all writs and processes filed in the RD relating to
Where shall notices be made? registered lands Sec. 56 PD 1529. Every time it enters an
Served upon the persons who have interest instrument there should be a date and time and hour of
entry.
Primary Entry Book

Conveyances and Transfers
Sec 56.
Primary Entry Book; fees; certified copies. Each Register of Sec 57.
Deeds shall keep a primary entry book in which, upon Procedure in registration of conveyances. An owner
payment of the entry fee, he shall enter, in the order of desiring to convey his registered land in fee simple shall
their reception, all instruments including copies of writs execute and register a deed of conveyance in a form
and processes filed with him relating to registered land. He sufficient in law. The Register of Deeds shall thereafter
shall, as a preliminary process in registration, note in such make out in the registration book a new certificate of title
book the date, hour and minute of reception of all to the grantee and shall prepare and deliver to him an
instruments, in the order in which they were received. They owner's duplicate certificate. The Register of Deeds shall
shall be regarded as registered from the time so noted, note upon the original and duplicate certificate the date of
and the memorandum of each instrument, when made on transfer, the volume and page of the registration book in
the certificate of title to which it refers, shall bear the same which the new certificate is registered and a reference by
date: Provided, that the national government as well as the number to the last preceding certificate. The original and
provincial and city governments shall be exempt from the the owner's duplicate of the grantor's certificate shall be
payment of such fees in advance in order to be entitled to stamped "canceled". The deed of conveyance shall be filled
entry and registration. and indorsed with the number and the place of
registration of the certificate of title of the land conveyed.
Every deed or other instrument, whether voluntary or
involuntary, so filed with the Register of Deeds shall be Sec 58.
numbered and indexed and endorsed with a reference to Procedure where conveyance involves portion of land. If
the proper certificate of title. All records and papers a deed or conveyance is for a part only of the land
relative to registered land in the office of the Register of described in a certificate of title, the Register of Deeds shall
Deeds shall be open to the public in the same manner as not enter any transfer certificate to the grantee until a plan
court records, subject to such reasonable regulations as of such land showing all the portions or lots into which it
the Register of Deeds, under the direction of the has been subdivided and the corresponding technical
Commissioner of Land Registration, may prescribe. descriptions shall have been verified and approved
pursuant to Section 50 of this Decree. Meanwhile, such
All deeds and voluntary instruments shall be presented deed may only be annotated by way of memorandum
with their respective copies and shall be attested and upon the grantor's certificate of title, original and duplicate,

said memorandum to serve as a notice to third persons of Owner who decides to convey must register a deed of
the fact that certain unsegregated portion of the land conveyance and the RD will place in the registration book a
described therein has been conveyed, and every certificate new certificate of title and then note the date of transfer,
with such memorandum shall be effectual for the purpose the volume and page of the certificate where it is
of showing the grantee's title to the portion conveyed to registered.
him, pending the actual issuance of the corresponding There must be a date of conveyance volume and page in
certificate in his name. the registration book in which the new certificate is
registered and referenced by the number of the last
Upon the approval of the plan and technical descriptions, preceding certificate
the original of the plan, together with a certified copy of
the technical descriptions shall be filed with the Register of What happens to the transferor’s certificate?
Deeds for annotation in the corresponding certificate of Stamped as canceled.
title and thereupon said officer shall issue a new certificate
of title to the grantee for the portion conveyed, and at the What happens if only a portion of the land covered by a
same time cancel the grantor's certificate partially with certificate of title is conveyed?
respect only to said portion conveyed, or, if the grantor so The best way for a buyer to protect his interest is by
desires, his certificate may be canceled totally and a new annotation or an entry of memorandum of sale. No
one issued to him describing therein the remaining portion: issuance of new certificate unless the buyer can present
Provided, however, that pending approval of said plan, no a subdivision plan and there is a clear indication of which
further registration or annotation of any subsequent deed part of the allotted portion of the land is sold because the
or other voluntary instrument involving the unsegregated old certificate of title will be canceled and new certificates
portion conveyed shall be effected by the Register of of title will be issued based on the subdivision plan.
Deeds, except where such unsegregated portion was
purchased from the Government or any of its If there are encumbrances in the grantor’s title and a new
instrumentalities. If the land has been subdivided into title is issued to the grantee should the register of deeds
several lots, designated by numbers or letters, the Register copy all encumbrances of the old title to the new one?
of Deeds may, if desired by the grantor, instead of Yes.
canceling the latter's certificate and issuing a new one to
the same for the remaining unconveyed lots, enter on said Sec. 59 If, at the time of any transfer, subsisting
certificate and on its owner's duplicate a memorandum of encumbrances or annotations appear in the registration
such deed of conveyance and of the issuance of the book, they shall be carried over and stated in the new
transfer certificate to the grantee for the lot or lots thus certificate or certificates; except so far as they may be
conveyed, and that the grantor's certificate is canceled as simultaneously released or discharged.
to such lot or lots.
Real Estate Mortgage

Sec 59.
Carry over of encumbrances. If, at the time of any transfer,
Sec. 60
subsisting encumbrances or annotations appear in the
Mortgage or lease of registered land. Mortgage and
registration book, they shall be carried over and stated in
leases shall be registered in the manner provided in
the new certificate or certificates; except so far as they may
Section 54 of this Decree. The owner of registered land
be simultaneously released or discharged.
may mortgage or lease it by executing the deed in a form
sufficient in law. Such deed of mortgage or lease and all
What is the procedure in the registration of
instruments which assign, extend, discharge or otherwise
conveyances?
deal with the mortgage or lease shall be registered, and

shall take effect upon the title only from time of 2) Accessory contract – it needs a principal
registration. contract to exist. Cannot exist on its own. If the loan
is extinguished so is the real estate mortgage
No mortgagee's or lessee's duplicate certificate of title 3) Indivisible – if there is partial payment, it won’t
shall hereafter be issued by the Registers of Deeds, and release the mortgage over the property
those issued prior to the effectivity of this Decree are 4) Inseparable – it follows the property whoever the
hereby deemed canceled and the holders thereof shall owner is, so long as it is registered.
immediately surrender the same to the Register of Deeds 5) Real Property – A mortgage on real property is by
concerned. itself real property also
6) Limitation on Ownership - a mortgage encumbers
What is a real estate mortgage? but does not end ownership but it may lead to an
Mortgage concerning immovable properties set aside to end of ownership
secure a loan
If there are 2 co-owners who mortgaged their land to

How about personal? secure a loan, then later subdivided the land and 1
Those are covered by chattel mortgage law co-owner pays his share of the mortgage, it does not
release the mortgage over the land because a mortgage is
What are the requisites for a mortgage? indivisible, even if it is already subdivided.
3 requisites mentioned in the civil code
1) Property is mortgaged in order to fulfill the principal
REM, definition
obligation
2) Done by a mortgagor who is the absolute owner of
Lagrosa vs. Court of Appeals
the property
(G.R. No. 115981, August 12, 1999)
3) Person constituting the pledge or mortgage must be
The rule that persons dealing with registered lands can
fully authorized to conduct the mortgage
rely solely on the certificate of title does not apply to
banks. The degree of diligence required of banks is more
The pledgor or mortgagor should be the absolute owner
than that of a good father of a family. The business of a
of the thing pledged or mortgaged. Supposing I am a
bank is impressed with public interest, holding in trust the
debtor of a 5M loan with BPI bank and BPI wants me to
money of the depositors, which the bank should guard
secure the loan with a parcel of land. Can I use the land in
against loss due to negligence or bad faith. For this
the name of my parents as security?
reason, the bank is not allowed to rely merely on the
Yes, if you can acquire an special power of attorney(SPA).
indefeasibility of the torrens system, which is normally
accorded only to purchasers or mortgagees for value and
The requisite is that the mortgagor must be the absolute
in good faith.
owner of the property but not necessarily the debtor. I may
ask from my parents an SPA to authorize me to mortgage
In the present case, while the bank sent a representative to
their property. Do not confuse a debtor and a mortgagor.
verify the original TCT on file with the Registrar of Deeds,
You are called a debtor-mortgagor if you are both the
no ocular inspection of the premises took place. It could
debtor and the mortgagor at the same time
have discovered early the presence of settlers therein who
A. S
are land reform beneficiaries. Hence, the band is not
B.
deemed to be a mortgagee in good faith.
What are the characteristics of a mortgage?
1) Real Right – mortgage binds a person who knows of
The 1 st issue in this case was whether the predecessor
its existence or if the mortgage was registered.
had the right to mortgage. The SC said they had no right

because his rights stemmed only from a contract to sell. In the time he became the highest bidder, so long as the 1
a contract to sell, there is no transfer of ownership, and if year has not yet lapsed.
there is no transfer of ownership you cannot mortgage a
parcel of land. To be able to mortgage the land the Effect of a real estate mortgage:
mortgagor must be the absolute owner. Bind the whole world, even without personal knowledge.
The 2 nd issue, granting there was a valid mortgage, and
you are the mortgagee, can you eject the occupants? Registration
No, a mortgage is only an encumbrance or a lien on the Sec. 61

property, it does not transfer ownership. You don’t have Registration. Upon presentation for registration of the
the right of possession and right over the property. The deed of mortgage or lease together with the owner's
mortgagor is still the owner of the property. He can still duplicate, the Register of Deeds shall enter upon the
use the property. original of the certificate of title and also upon the owner's
duplicate certificate a memorandum thereof, the date and
Who had the better right of the certificate of title? time of filing and the file number assigned to the deed,
Mortgagor or Mortgagee? and shall sign the said memorandum. He shall also note on
Mortgagor, because he is the owner the deed the date and time of filing and a reference to the
volume and page of the registration book in which it is
If there is a foreclosure from the bank, can the bank eject registered.
you right away?
No, there is still a 1 year redemption period. You Rights of Innocent Mortgagee for Value
can still stay within the 1 year redemption period. After the
redemption period has expired the ownership will become
GR: Same as innocent purchaser for value
consolidated in favor of the bank, but it is not automatic.
The bank will still file an affidavit of consolidation and
Banks
present it to the RD. There must be registration of the
certificate of sale, and then show the annotation, because
Rural Bank of Sta. Ignacia vs. Dimatulac
the 1 year period starts from the date of the certificate of
(G.R. No. 142015, April 29, 2003)
sale, not from the issuance of the certificate of sale.
In case of judicial foreclosure, that equity of redemption
subsists after the sale and before it is confirmed by the
Who gives the certificate of sale?
court. A foreclosure sale is not complete until it is
The sheriff
confirmed, and before said confirmation the debtor can
still redeem the property. In the present case, there was no
When the RD registers the certificate of sale that is when
Judicial confirmation of title conducted by the courts.
the 1 year period starts to run. Then the bank will have to
Hence, the spouses may redeem the property.
prove again, execute an affidavit of consolidation then
show the annotation para ma transfer ang ownership. Then
But what about the issue on whether it can be redeemed if
the bank will have to pay the taxes (capital gains tax) so
sold to a third party?
that it will be issued a certificate authorizing registration.
SC said that If after the foreclosure sale and before the

Principle:
confirmation thereof, the mortgagee, as purchaser at the
A mortgagee, since he is not yet the owner of the property,
auction sale, sold the mortgaged property to another
cannot eject the occupants of the property. Even during
person, that subsequent sale does not prevent the trial
court from granting the mortgagor a period within which

to redeem the mortgaged lot by paying the judgment debt Hence, the bank is a buyer in good faith.
and the expenses of the sale and costs.
When will a mortgage be cancelled?
GR: The innocent purchaser can just rely on the certificate Upon full payment of the principal obligation (loan).
of title. Canceled only upon showing a deed or affidavit of
cancellation of mortgage executed by the creditor-
The GR does not apply to banks. Extra prudence and mortgagee. The affidavit will be presented to the RD and
diligence should be exercised by banks because their the RD will cancel the real estate mortgage.
business is imbued with public interest. SC said the rule
with persons dealing with registered lands can rely solely Discharge or Cancellation
on the certificate of title does not apply to banks, the
decree of diligence required to banks is more than that of Sec. 62
a good father of a family in keeping with the responsibility Discharge or cancellation. A mortgage or lease on
to exercise the necessary care and prudence on registered registered land may be discharge or canceled by means of
lands. an instrument executed by the mortgage or lessee in a
No ocular inspection by banks, it is standard procedure but form sufficient in law, which shall be filed with the Register
it was not done by the bank. of Deeds who shall make the appropriate memorandum
upon the certificate of title.
Gonzales vs. IAC
(G.R. No. 69622, Jan. 29, 1988) If the parties agree in writing that upon default in payment
While the rule is that persons dealing with registered of the loan the mortgaged property will automatically pass
lands can rely solely on the certificate of title does not to the mortgagee; Void agreement; Pacto commisorium.
apply to banks. However, In the present case, when sps.
Panzo submitted to bank for purposes of their loan What is required by law in a mortgage is that
application, it was free from any lien and encumbrance. once there is a default in the payment. There should be a
The bank did not stop there it ordered their employee for public auction. There must be foreclosure. So that the
ocular inspection of the land and confirmed that the Sps. proceeds of the sale will be used to pay the outstanding
Razon is really the one who is occupying the land. balance of the loan. Not that the property will be used to
pay off the debt.
It is true that the notice of lis pendens is an announcement
to the whole world that a particular real property is in Foreclosure
litigation, and serves as a warning that one who acquires
an interest over said property does so at his own risk, so
Sec. 63
that he gambles on the results of the litigation over said
Foreclosure of Mortgage. (a) If the mortgage was
property.
foreclosed judicially, a certified copy of the final order of
the court confirming the sale shall be registered with the
However, it has also been held that any subsequent lien
Register of Deeds. If no right of redemption exists, the
annotated at the back of the certificate of title cannot
certificate of title of the mortgagor shall be canceled, and a
prejudice the mortgage previously registered. The
new certificate issued in the name of the purchaser.
notice of lis pendens which is prior to the foreclosure
could not affect the rights of the bank because the Where the right of redemption exists, the certificate of title
foreclosure sale retroacts to the date of registration of of the mortgagor shall not be canceled, but the certificate
the mortgage. of sale and the order confirming the sale shall be
registered by a brief memorandum thereof made by the

Register of Deeds upon the certificate of title. In the event No, filing the action for collection in court is considered a
the property is redeemed, the certificate or deed of waiver to foreclose the mortgage.
redemption shall be filed with the Register of Deeds, and a
brief memorandum thereof shall be made by the Register He may just ask for an execution sale, even on the same
of Deeds on the certificate of title of the mortgagor. property that once was mortgaged but he will have to
respect superior liens and encumbrances. He will now be
If the property is not redeemed, the final deed of sale an ordinary creditor.
executed by the sheriff in favor of the purchaser at a
foreclosure sale shall be registered with the Register of Prescriptive period for foreclosing a mortgage
Deeds; whereupon the title of the mortgagor shall be 10 years when the action occurred
canceled, and a new certificate issued in the name of the a) Upon default of the payment
purchaser. b) Upon demand and no payment
(b) If the mortgage was foreclosed extrajudicially, a Execution of the mortgage was done in 2000, demand was
certificate of sale executed by the officer who conducted made 2003. Not paid and not foreclosed. There was
the sale shall be filed with the Register of Deeds who shall another demand in 2009, still no payment. When will
make a brief memorandum thereof on the certificate of prescription end?
title. From the last demand; from 2009.
In the event of redemption by the mortgagor, the same

Every time there is a demand there will be a fresh 10 year
rule provided for in the second paragraph of this section
period.
shall apply.
TYPES OF SALES
In case of non-redemption, the purchaser at foreclosure
1) Ordinary Execution Sale
sale shall file with the Register of Deeds, either a final deed
2) Judicial Foreclosure Sale
of sale executed by the person authorized by virtue of the
power of attorney embodied in the deed of mortgage, or
Difference between a judicial and extra judicial foreclosure
his sworn statement attesting to the fact of
sale
non-redemption; whereupon, the Register of Deeds shall
issue a new certificate in favor of the purchaser after the
Judicial
owner's duplicate of the certificate has been previously
1) Upon the expiration of the 1 year redemption
delivered and canceled.
period there is a requirement of notice of hearing by
the court for the confirmation of sale
Selling the mortgaged property at public auction so that
2) The court may confirm the sale (divests the
the proceeds may be used to pay the obligation.
mortgagor of his mortgage over the property)
3) Due notice and hearing may confirm the sale
Supposing the highest bidder has offered is less than the
4) The mortgagor may redeem the property at any time
principal obligation. May the creditor mortgagee still ask
prior to confirmation of the sale
from the mortgagor the deficiency? Yes.
5) After confirmation there can no longer be
redemption
What if there is a mortgage over the property but the
6) But if the mortgagee is the bank, you can still redeem
creditor, instead of foreclosing the property, files an
the property within 1 year from the confirmation of
action for specific performance. If the creditor wins the
the sale from the court.
collection suit and the debtor still does not pay, may the
creditor now pursue the foreclosure of the mortgage?

Extrajudicial sold to a third party?

1) Just have to go to the sheriff and after the expiration
of the 1 year redemption period you can SC said that If after the foreclosure sale and before the
automatically foreclose the property. confirmation thereof, the mortgagee, as purchaser at the
2) Redemption period is very clear under act 3135 auction sale, sold the mortgaged property to another
a) Within 1 year from registration of the certificate person, that subsequent sale does not prevent the trial
of sale court from granting the mortgagor a period within which
3) After the auction sale the sheriff will issue a certificate to redeem the mortgaged lot by paying the judgment debt
4) of sale, the issuance of the certificate of sale is not the and the expenses of the sale and costs.
reckoning period of the 1 year redemption period. It
still has to be registered in the RD. Extrajudicial Foreclosure sale
Act. No. 3135, as amended by Act No. 4118
Judicial Extra-Judicial
Redemption ROC Rule 68 Act 3135
Period Sps. Nestor and Ma. Nona Borromeo, Petitioners, vs.
At any time before Within 1 year
Honorable Court of Appeals and Equitable Savings Bank ,
confirmation of the from
Respondents (G.R. No. 169846, March 28, 2008)
sale registration of
Court reinstates the prelim. Injunction
the certificate of
sale ONLY
Exception: N/A Upon their default on the mortgage debt, the right to
Mortgagee is the
foreclose the property is vested upon the
bank, you can still
creditor-mortgagee. The right to foreclose cannot be
redeem the property
exercised against petitioners by any person other than the
within 1 year from
creditor-mortgaee or its assigns (Art. 1311 CC)
the confirmation of
the sale from the
An extrajudicial foreclosure instituted by a third party to
court.
Place of Filing Court Sheriff the Loan Agreement and the REM would be a violation of
petitioners' rights over their property
Why do you count from the registration of the certificate
of sale and not from the issuance? In the case at bar, ESB fails to state that it, and not EPCIB is
Because registration serves as notice to the whole world. the real creditor-mortgagor in the loan and mortgage
Notify the whole world of the existence of the certificate of transaction
sale.
(Payment of loan issued to EPCIB, records show petitioners
Rural Bank of Oroquieta vs. Court of Appeals repeatedly dealt with EPCIB. Respondent, although a
(G.R. No. 53466, November 10, 1980) wholly-owned subsidiary of EPCIB has an independent and
In case of judicial foreclosure, that equity of redemption separate juridical personality from its parent company)
subsists after the sale and before it is confirmed by the

court. A foreclosure sale is not complete until it is In the case at bar, the SC grants the prelim. Injunction
confirmed, and before said confirmation the debtor can with regards to the extrajudicial sale since the identity of
still redeem the property. In the present case, there was no the creditor-mortgagee is highly disputable. The
Judicial confirmation of title conducted by the courts. extrajudicial foreclosure of petitioner’s property pending
Hence, the spouses may redeem the property. the determination of the c-m’s identity would be highly
unjust (If it finds ESB is not the c-m, it would require
But what about the issue on whether it can be redeemed if petitioners to institute a recovery of their property.

payments as are required to effect a redemption by a

Whether injunction will lie, to stop a foreclosure redemptioner, whereupon, no further redemption shall be
proceeding. It will not, but in practice it is used to delay allowed and he is restored to his estate. The person to
proceedings whom the redemption payment is made must execute and
deliver to him a certificate of redemption acknowledged
In an injunction proceeding, it is used to stop a before a notary public or other officer authorized to take
violation of a right, there is no violation of a right in a acknowledgments of conveyances of real property. Such
mortgage proceeding. certificate must be filed and recorded in the registry of
deeds of the place in which the property is situated and
Why was injunction granted in this case? the registrar of deeds must note the record thereof on the
The party foreclosing was not the proper party. margin of the record of the certificate of sale. The
Creditor was EPCIB and the one who foreclosed was ESB. payments mentioned in this and the last preceding
Corporation code has different juridical personality. sections may be made to the purchaser or redemptioner,
or for him to the officer who made the sale.
Redemption
In short: If a judgement obligor redeems, he must make
Act. 3135, Sec. 6: the same payments as that of a redemptioner (no further
redemption allowed), and the person who receives the
Sec. 6. In all cases in which an extrajudicial sale is made payment for redemption must deliver a certificate of
under the special power hereinbefore referred to, the redemption acknowledged by a notary public or other
debtor, his successors in interest or any judicial creditor or officer authorized to make the acknowledgement.
judgment creditor of said debtor, or any person having a
lien on the property subsequent to the mortgage or deed The certificate must recorded in the ROD of the place
of trust under which the property is sold, may redeem the where the property is situated. The ROD must note the
same at any time within the term of one year from and record on the margin of the record of sale and payments
after the date of the sale; and such redemption shall be mentioned here may be made to the purchaser of
governed by the provisions of sections four hundred and redemption or for him to the officer who made the sale
sixty-four to four hundred and sixty-six, inclusive, of the
Code of Civil Procedure, in so far as these are not Landrito vs. Court of Appeals
inconsistent with the provisions of this Act. (G.R. No. 133079, August 9, 2005)
SC agrees with petitioner’s contention that an action for
In short: In cases of extrajudicial sale, the debtor, his foreclosure is limited to the amount mentioned in the
successors in interest/any judicial creditor or judgement mortgage document. However, SC notes that despite
creditor of debtor/any person having a lien on the sufficient notice, petitioner did not bother to attend the
property subsequent to the mortgage or deed of trust, foreclosure sale.
may redeem the property any time within one year from
and after the date of sale It was only after more than a year form the registration of
the Sheriff’s Certificate of Sale that they filed the instant
Rule 39, Sec. 28, ROC complaint. They slept on their rights and are guilty of
laches (failure for an unreasonable length of time to do
Section 29. Effect of redemption by judgment obligor, by exercising due diligence, it gives the presumption
and a certificate to be delivered and recorded thereupon; person has abandoned the right)
to whom payments on redemption made. — If the The one year period under should be counted from the
judgment obligor redeems he must make the same time the certificate of sale is registered with the ROD, not

from the date of foreclosure (Sheriff’s sale registered on SC rules petitioner’s contention is without merit, since
Oct 29, 1993) Act. 3135 mandates that jurisdiction over petition for a writ
of possession lies in the court of the province, city, or
Petitioners had until Oct. 31, 1994 to exercise right of municipality where the property in subject case is situated
redemption since 29 fell on a Sat. (Sec. 7)
A/N: With regards to their allegation that they were Since the land subject of the controversy is located in
granted an extension of time, relying on a handwritten Quezon City, the city's RTC should rightly take cognizance
note from respondent, SC rules assuming if they were of the case, to the exclusion of other courts.
indeed granted:
Well established is the rule that after the consolidation
Petitioners did not at all make a valid offer to redeem of title in the buyer's name, for failure of the mortgagor to
coupled with a tender of the redemption price. This redeem, the writ of possession becomes a matter of right,
Court has made it clear that it is only where, by voluntary because the buyer becomes the absolute owner of the
agreement of the parties, consisting of extensions of the property purchased. Hence, he is entitled to the writ of
redemption period, followed by commitment by the possession and can demand it any time following tehh
debtor to pay the redemption price at a fixed date , will the consolidation of ownership in his name and issuance of a
concept of legal redemption be converted into one of new tct
conventional redemption.
A/N: Its issuance to a purchaser in an extrajudicial
It must be remembered period for redemption is not a foreclosure is merely ministerial function. The writ of
prescriptive period but a condition precedent provided by possession issues as a matter of course upon the filing of
law to restrict the right of the person exercising the proper motion and the approval of the corresponding
redemption. If a person exercising the right of bond.
redemption has offered to redeem the property within the
period fixed, he is considered to have complied with the The judge issuing the writ following these express
condition precedent prescribed by law and may thereafter provisions of law neither exercises his official discretion nor
bring an action to enforce redemption judgment. As such, the court granting the writ cannot be
charged with having acted without jurisdiction or with
When you mortgage a property to the bank, the value of grave abuse of discretion
the loan must only be 40% of the property compared to
the property. A/N: Petitioners cannot anchor their claim on their
ownership over the property since they have been stripped
So long as there is an agreement among the parties off the same due to their failure to redeem the property.
redemption can be made even beyond the redemption After that one year period, he loses all interests over it.
period.
Well established is the rule that after the consolidation of
May a right of redemption assigned to another person? title in the buyer’s name, for failure of the mortgagor to
Yes, right to foreclose may be assigned to another. redeem, the writ of possession becomes a matter of right.
Its issuance to a purchaser in an extrajudicial foreclosure is
Failure to Redeem, Consolidation of Ownership merely a ministerial function. The writ of possession issues
as a matter of course upon the filing of the proper motion
Yulienco vs. Court of Appeals, and the approval of the corresponding bond.
G.R. No. 141365, November 27, 2002)

Samson vs. Rivera (G.R. No. 154355, May 20, 2004) purchaser as confirmed owner and can demand possession
1st Issue: CA correctly sustained the Writ of Possession. at any time following the consolidation of ownership in his
name and issuance to him of a new certificate of title
Sec. 7 of Act 3135, the purchaser in a foreclosure sale may
apply for a writ of possession during the redemption The fact that petitioners were impleaded in the ex parte
period by filing an ex parte motion under oath, in the petition for writ of possession did not change the summary
corresponding registration or cadastral proceeding in the nature of the proceedings
case of a property with torrens title. Upon the filing and
approval of bond, the court is expressly directed to issue Neither is there a need to suspend proceedings because
the writ. petitioners filed a complaint for the nullification of the
REM. An ex parte petition under Sec. 7 is brought for the
The trial court’s duty to grant the writ of possession is benefit of one party only, and without notice or consent of
ministerial. Such writ becomes a matter of course upon the adverse party.
the filing of the proper motion and approval of the bond.
Any question regarding the regularity and validity of the As a rule, any question regarding the validity of the
sale is to be determined in a subsequent proceeding as mortgage or its foreclosure cannot be a legal ground for
provided in Sec. 8 of Act 3135. refusing the issuance of a writ of execution
The SC affirmed CA’s ruling that the trial court is not

De Vera vs. Agloro mandated to consolidate 2 or more cases. It is vested
(G.R. No. 155673, January 14, 2005) with discretion. The aim of consolidation is to obtain
Ruling: justice with least expense and vexation against litigants
No, CA did not err in refusing to suspend the and avoid multiplicity of suits
proceedings in the LRC because of the pendency of the
civil case, in accordance with Sec. 7 of Act 3135. it states In the case at bar, trial court exercised
that if mortgagee fails to redeem the property, the buyer sound discretion in refusing to consolidate the cases.
may file an exparte motion for the issuance of the writ of The rights of the respondent in the LRC case, which is
possession within 1 year from the registration of the summary in nature, would be prejudiced if consolidated
Sheriff’s certificate and the court shall grant the same upon with the civil case
the posting of a bond an amount equivalent to the use of
the property for a period of 12 months The writ of possession is a matter of right of the
mortgagee. It is ministerial in character. Writ of possession
In the case at bar, since petitioners failed to redeem the may be asked by the mortgagee during the redemption
property within 1 year period, the respondent then had a period but there is an additional requirement. There
right to file an ex parte motion for the issuance of the writ should be filing of BOND in the value of the use of the land
of possession and since it was a ministerial duty, the court for 12 months. But after the consolidation of the property
had to grant the motion after and in the name of the mortgagee, no more bond is
needed. It becomes a matter of right to possess the
After the 1 year period, the mortgagor loses all rights over property.
it. The purchaser then becomes absolute owner over the
property when no redemption is made, and thus, the bond Rights of Subsequent Lien Holder
under Sec. 7 is no longer needed.
Philippine National Bank vs. International Corporate Bank
The possession of land becomes an absolute right of the (G.R. No. 86679, July 23, 1991)

Ruling: requirement of good faith buyer is that the vendee of the

The annotations in the COTs should be cancelled. real property should at least see the owner’s duplicate
Respondent is a subsequent lien holder whose rights over copy of his title
the mortgaged property are inferior to that of petitioner as
a mortgagee. Being a subsequent lien holder, In the case at bar, Cipriano had always had in his
respondent acquires only the right of redemption vested in possession the owner’s duplicate copy, and they gave
the mortgagor and his rights are subordinate to that of the Scott only a photocopy of the same. Jamilar was able to
mortgagee. acquire a new duplicate by filing an affidavit of loss.
After the foreclosure sale, the remedy of the 2nd A person who deals with registered land through someone
mortgagee is limited to the right to redeem by paying off who is not the registered owner is expected to look
debt secured by the first mortgage. beyond the certificate of title and examine all the factual
circumstances thereof in order to determine if the vendor
The rule is upon a proper foreclosure of a prior has the capacity to transfer any interest in the land.
mortgage, all liens subordinate to the mortgage are
likewise foreclosed, and the purchaser at public auction He has the duty to ascertain the identity of the person
held pursuant thereto acquires title free from the with
subordinate liens whom he is dealing and the latter's legal authority to
convey
The RTC, acting as an LRC has authority to decide
matters to determine whether or not the filed notice of A/N: Sy was not an innocent purchaser since he knew
adverse claim is valid. the title was still in the name of Capistrano and failed to
verify claims by asking for copies of the deed of absolute
A/N: the failure of mortgaee to redeem property gives sale.
purchaser the right to secure the cancellation of the
annotation of said creditor’s attachment lien on COTs. Even before the executed deed of sale by Scott to
Otherwise, the value of the mortgage could be easily Jammilars, the latter had already subdivided the property,
destroyed by a subsequent record of an adverse claim, for which was still in the name of Capistrano.
no one would purchase at a foreclosure sale if bound by
the posterior claim SC agreed with findings of CA that the signatures of
Ciprianos were forged, and that Jamilars should have
Caveat Emptor, buyer beware. known this based on the stark differences between the
signature of the Sps in the 2 deed of sales shown by Scott.
Requires the purchaser to be aware of the supposed title

of the vendor and one who buys without checking the GR: you are only bound to look at the title.
vendor’s title takes all the risks and losses consequent to

such failure. The actual possession by people other than XPN: when dealing with someone who is not the registered
the vendor should, at least, put the purchaser upon inquiry. owner. It is incumbent upon you to investigate.
Site identification and survey are a must also.

Involuntary Dealings
Sy vs. Capistrano, Jr
(G.R. No. 154450, July 28, 2008) Attachments
Ruling:
Petitioners are not innocent buyers. The minimum Sec. 69

Attachments. An attachment, or a copy of any writ, order description sufficiently accurate for identification of the
or process issued by a court of record, intended to create land or interest intended to be affected. A restraining order,
or preserve any lien, status, right, or attachment upon injunction or mandamus issued by the court shall be
registered land, shall be filed and registered in the Registry entered and registered on the certificate of title affected,
of Deeds for the province or city in which the land lies, and, free of charge
in addition to the particulars required in such papers for
registration, shall contain a reference to the number of the Adverse Claims
certificate of title to be affected and the registered owner
or owners thereof, and also if the attachment, order, Sec. 70
process or lien is not claimed on all the land in any Adverse claim. Whoever claims any part or interest in
certificate of title a description sufficiently accurate for registered land adverse to the registered owner, arising
identification of the land or interest intended to be subsequent to the date of the original registration, may, if
affected. A restraining order, injunction or mandamus no other provision is made in this Decree for registering
issued by the court shall be entered and registered on the the same, make a statement in writing setting forth fully
certificate of title affected, free of charge. his alleged right or interest, and how or under whom
acquired, a reference to the number of the certificate of
Legal process of seizing another’s property in title of the registered owner, the name of the registered
accordance with a writ or judicial order for the purpose of owner, and a description of the land in which the right or
securing satisfaction of a judgment yet to be rendered. interest is claimed.
Grounds: The statement shall be signed and sworn to, and shall state
1) In an action to recoer the possession of property the adverse claimant's residence, and a place at which all
unjustly or fraudulnently taken notices may be served upon him. This statement shall be
2) In an action against a party who has been guilty of entitled to registration as an adverse claim on the
fraud in contractin the debt or incurring the obliation certificate of title. The adverse claim shall be effective for a
3) In an action against a party who has removed or period of thirty days from the date of registration. After the
disposed of the proeprty lapse of said period, the annotation of adverse claim may
be canceled upon filing of a verified petition therefor by
Is a legal process of seizing another’s roperty in a the party in interest: Provided, however, that after
ccordance with a judicial order for the purpose of securing cancellation, no second adverse claim based on the same
satisfaction of a judgement yet to be rendered. ground shall be registered by the same claimant.
Attachments. An attachment, or a copy of any writ, order Before the lapse of thirty days aforesaid, any party in
or process issued by a court of record, intended to create interest may file a petition in the Court of First Instance
or preserve any lien, status, right, or attachment upon where the land is situated for the cancellation of the
registered land, shall be filed and registered in the Registry adverse claim, and the court shall grant a speedy hearing
of Deeds for the province or city in which the land lies, and, upon the question of the validity of such adverse claim,
in addition to the particulars required in such papers for and shall render judgment as may be just and equitable. If
registration, the adverse claim is adjudged to be invalid, the registration

thereof shall be ordered canceled. If, in any case, the court,
shall contain a reference to the number of the certificate of after notice and hearing, shall find that the adverse claim
title to be affected and the registered owner or owners thus registered was frivolous, it may fine the claimant in an
thereof, and also if the attachment, order, process or lien is amount not less than one thousand pesos nor more than
not claimed on all the land in any certificate of title a five thousand pesos, in its discretion. Before the lapse of
thirty days, the claimant may withdraw his adverse claim by

filing with the Register of Deeds a sworn petition to that File a petition before the court so that hearing may be
effect. made. Hearing is necessary so that you can have the
adverse claim canceled.
1) Any person having an adverse claim to that of the
registered owner may make a statement in writing Golden Haven Memorial Park vs. Filinvest
setting forth his alleged right or interest, how, under (G.R. No. 188265, November 17, 2010)
who acquired, a reference number of the COT of the Filinvest was not a buyer in good faith. It knew GHM
title of the registered owner, name of the owner, and caused the annotation a notice of adverse claim on the
description of the land title on Aug. 4, 1989, but it proceeded to buy the lots on
sept., nov., December 1989.
2) The statement shall be sign and sworn to, and will
state the adverse claimant’s residence. It shall be Filinvest’s contention that although the title carried a
entitled to registration as an adverse claim on the notice of adverse claim, that notice was only with respect
COT and will be effective for 30 days from the date of to Yap’s interest in lot 6 and did not affect lots 1, 2, 12.
registration. This is erroneous.
3) After the lapse of the period, it may be cancelled The annotation of an adverse claim is intended to protect
upon petition by party in interest. After cancellation, the claimant's interest in the property. The notice is a
no second adverse claim based on the same ground warning to third parties dealing with the property that
shall be registered by the same claimant. someone claims an interest in it or asserts a better right
than the registered owner.
4) Before the lapse of 30 days: any party in interest Such notice constitutes, by operation of law, notice to the
may file for the cancellation of the adverse claim and whole world.
the court shall grant a speedy hearing upon the
validity of the adverse claim. If invalid, ordered Here, although the notice of adverse claim pertained to
cancelled. If frivolous, fine the claimant (not less only one lot and Filinvest wanted to acquire interest in
than P1k, but not more than P5k). Before lapse of some other lots under the same title, the notice served as
30 days, claimant may withdraw his adverse claim warning to it that one of the owners was engaged in
double selling
If adverse claim is prior to registration
Can no longer use the remedy of adverse claim because A/N: Upon seeing the annotation, FIlinvest should have
adverse claim has been brought up during the registration inquired to GHM. One who has knowledge of facts which
proceedings. should have put him upon such inquiry and investigation
cannot claim that he has acquired title to the property in
Period where adverse claim is effective upon registration good faith as against the true owner of the land or of an
of adverse claim: interest in it.
30 days from date of registration
Enforcement of Liens on Registered Land and

After lapse of 30 days: Application for New Certificate Upon Expiration of
Must have it canceled to no longer be binding. Redemption Period
How to cancel?
Sec. 74
Enforcement of liens on registered land. Whenever
registered land is solved on execution, or taken or sold for

taxes or for any assessment or to enforce a lien of any mistaken conveyance of land.
character, or for any costs and charges incident to such
liens, any execution or copy of execution, any officer's A/N: Respondent’s right has not yet prescribed. Sec.
return, or any deed, demand, certificate, or affidavit, or 6 of ROC relied upon by petitioner does not apply because
other instrument made in the course of the proceedings to the fact of levy and sale constitutes execution, and not the
enforce such liens and required by law to be recorded, action for the issuance of a new title.
shall be filed with the Register of Deeds of the province or
city where the land lies and registered in the registration Here, because the levy and sale of the properties took
book, and a memorandum made upon the proper place less than a year after the decision became final and
certificate of title in each case as lien or encumbrance. executory, the respondent clearly exercised its rights in
timely fashion.
Sec. 75
Application for new certificate upon expiration of Lis Pendens
redemption period. Upon the expiration of the time, if
any, allowed by law for redemption after registered land Sec. 76
has been sold on execution taken or sold for the Notice of lis pendens. No action to recover possession of
enforcement of a lien of any description, except a real estate, or to quiet title thereto, or to remove clouds
mortgage lien, the purchaser at such sale or anyone upon the title thereof, or for partition, or other
claiming under him may petition the court for the entry of proceedings of any kind in court directly affecting the title
a new certificate of title to him. to land or the use or occupation thereof or the buildings
thereon, and no judgment, and no proceeding to vacate or
Before the entry of a new certificate of title, the registered
reverse any judgment, shall have any effect upon
owner may pursue all legal and equitable remedies to
registered land as against persons other than the parties
impeach or annul such proceedings.
thereto, unless a memorandum or notice stating the
institution of such action or proceeding and the court
Padilla, Jr. vs. Phil. Producer’s Cooperative
wherein the same is pending, as well as the date of the
(G.R. No. 141256, July 15, 2005)
institution thereof, together with a reference to the
Petitioner was correct in stating it was improper that
number of the certificate of title, and an adequate
respondent’s filed of a mere motion for the cancellation of
description of the land affected and the registered owner
the old TCTs and issuance of new ones due to refusal of
thereof, shall have been filed and registered.
petitioner to surrender his owner’s duplicate (called
separate cadastral action via petition)
Viewmaster Construction vs. Maulit, et. al

The proper course of action was to file a petition in court,
(G.R. No. 136283, Feb. 29, 2000)
rather than move for the issuance of new titles. Sec. 75
Petitioner was able to adequately describe the subject
provides that upon the expiration of the time allowed by
property in its complaint since a copy of the TCT was
law for redemption after the registered land has been sold
attached in the complaint, which leaves no doubt as to the
on execution, or taken or sold for the enforcement of a
identity of the property
lien, except a mortgage lien, the purchaser or anyone
claiming under him may petition the court for the entry of
The main purpose of the requirement that the notice
a new certificate to him
should contain a technical description of the property is to
ensure that the same can be distinguished and readily
Rationale: Provides due process to a registered
identified. In this case, we agree with petitioner that there
landowner (petitioner) and prevents fraudulent or
was substantial compliance with this requirement

subsequently, a separate Motion to Reinstate/Re-annotate

The civil case subject of the notice of lis pendens directly Notice of Lis Pendens is not tantamount to forum
involved the subject land because it prayed for the shopping since the latter involves the institution of 2 or
enforcement of the prior agreement between petitioner more suits to different courts.
and Roxas to develop the latter’s property
Lis pendens refers to the jurisdiction, power or control
A notice of lis pendens (“pending suit”) may involve which a court acquires over property involved in a suit,
actions that deal not only with the title or possession of pending the continuance of the action, and until final
the property, but even with its use or occupation (Sec. 76, judgement. It is intended to :
PD 1529)
1. to keep the properties in litigation within the power of
A/N: The availability of the lis pendens is not confined the court until the litigation is terminated and to prevent
to cases involving title to or possession of real property: the defeat of the judgment or decree by subsequent
alienation
a) An action to recover possession of real estate;
b) An action to quite title thereto; 2. to announce to the whole world that a particular
c) An action to remove clouds thereon; property is in litigation and serves as a warning that one
d) An action for partition; and who acquires an interest over said property does so at his
e) Any other proceedings of any kind in Court directly own risk
affecting the title to the land or the use or occupation
thereof or the buildings thereo A/N: A trial court has inherent power to cancel a notice of
lis pendens. It may be cancelled on 2 grounds: (1) if the
Purpose of lis pendens: annotation was for the purpose of molesting the title of
the adverse party; or (2) when the annotation is not
1) to protect the rights of the party causing the registration necessary to protect the title of the party who caused it to
thereof and be recorded.
2) to advise third persons who purchase or contract on the Will the re-issuance affect closed transactions?
subject property that they do so at their peril and subject No, if the deal was done before re-issuance then it is not
to the result of the pending litigation. One who deals with affected by lis pendens. If not yet completed then it is
property subject of a notice of lis pendens cannot acquire affected by the notice of lis pendens.
better rights than those of his predecessors-in-interest.
De La Merced vs. GSIS
St Mary vs. RD Makati (G.R. No. 167140, November 23, 2011)
(G.R. No. 174290, Jan. 20, 2009) A notice of lis pendens is an announcement to the whole
CA did not commit grave abuse of discretion. It saw the world that a particular real property is in litigation, serving
need of giving notice to the public since the property was as a warning that one who acquires an interest over said
still under litigation, and because of the fact SMWSI property does so at his own risk, or that he gambles on the
mortgaged subject property (2nd intention of lis pendens) result of the litigation over the said property. It is not
disputed that petitioners caused the annotation of lis
CA had jurisdiction over the case since it was appealed. pendens on the TCT of the lots in question.
The filing by private respondent with the Court of Appeals
of an appeal (where he already raised the issue of The current holders of the derivative titles to these lots
re-annotating the Notice of Lis Pendens) and, were aware of such annotation when the individual titles

were issued to them. Ineluctably, both were bound by the

outcome of the litigation.
The order contained in the Decision is for the RD to cancel

GSIS's titles over several of the properties. Whether these
titles are individual or contained in a mother title is of no
consequence.
The RD has to cause their cancellation. If the cancellation

can only be carried out by requiring GSIS or the Bureau of
Lands to provide the necessary information, then they can
be compelled to do so. Otherwise, the Courts decision
would be rendered inefficacious, and GSIS would retain
ownership over the lots by the simple expedience that they
are included in a mother title, instead of individual titles.
That result is manifestly contrary to the Court's ruling and
would subvert the very purpose of bringing this case for a
complete resolution.

MODULE 7 land or the estate or interest therein, may bring an action

in any court of competent jurisdiction for the recovery of
damages to be paid out of the Assurance Fund.
CHAPTER VI－REGISTRATION OF JUDGMENTS, ORDERS,
PARTITION
Fund provided for in cases where a person was deprived of
(Sections 78 –92)
his property unlawfully or through any deceitful means and
could not get back the property because it is already in the
Surrender of Owner’s Duplicate
hands of an innocent purchaser for value, he can recover
from the assurance fund.
Sec. 79
Judgment adjudicating ownership. When in any action to
Contribution:
recover the ownership of real estate or an interest therein
－ Comes from all registered owners of properties
execution has been issued in favor of the plaintiff, the
－ Pay the Register of Deeds ¼ of 1% of the latest
latter shall be entitled to the entry of a new certificate of
assessed value of your property.
title and to the cancellation of the original certificate and
－ Registration fee every time there is a
owner's duplicate of the former registered owner. If the
Certificate of title is issued for original title or
registered owner neglects or refuses within a reasonable
certificate of title in another’s name in subsequent
time after request of the plaintiff to produce his duplicate
transfers
certificate in order that the same may be canceled, the
court shall, on application and after notice, enter an order
File the action against:
to the owner to produce his certificate at the time and
1) Co-defendants (parties who caused injury)
place designated, and may enforce the order by suitable
2) RD
process.
3) National Treasurer
Duplicate certificate has to be surrendered (the

Is there an instance where in claiming against the
previous one), for you to have a new certificate issued.
insurance fund, you need only to file the case against the
RD and NT?
CHAPTER VII－ASSURANCE FUND If registration in another person’s name is caused by the
(Sections 93-102) fraud or error by the RD or personnel not by any other 3rd
person.
Claims against the Assurance Fund
Torres vs. Court of Appeals
Sec. 95 (G.R. No. L-63046 June 21, 1990)
Action for compensation from funds. A person who, Torres’ title is superior than that of Mota. Even if We grant
without negligence on his part, sustains loss or damage, or Mota the status of an innocent mortgagee, the that a
is deprived of land or any estate or interest therein in forged instrument may become the root of a valid title,
consequence of the bringing of the land under the cannot be applied where the owner still holds a valid and
operation of the Torrens system of arising after original existing certificate of title covering the same interest in a
registration of land, through fraud or in consequence of realty.
any error, omission, mistake or misdescription in any
certificate of title or in any entry or memorandum in the That doctrine will only apply if the forger obtains the
registration book, and who by the provisions of this Decree owner’s duplicate copy, transfers it in his name and
is barred or otherwise precluded under the provision of subsequently sold it to an innocent purchaser. But if the
any law from bringing an action for the recovery of such owner holds a valid and existing certificate of title, his

would be indefeasible as against the whole world, and not of the land at the time he suffered the loss, damage, or
that of the innocent purchaser. deprivation thereo
Now, the possible solution is for Mota and the cues to go Granting that there is no negligence on your part. You
against Fernandez or the Assurance Fund, as they in fact can file against the party who defrauded you, the RD, and
had done in the lower court by filing a cross claim and the NT but it is not automatic that you can claim from the
third-party complaint. assurance fund because judgment is satisfied by first
against the party who defrauded you.
2 important principles:
1. When dealing with reconstituted title Only when the judgment is unsatisfied you can go against
GR on the title will not apply, you need to look beyond the the assurance fund.
title. Why? Because you only allege that the title is lost.
What is the consequence if the assurance fund pays you?
If the title is reconstituted, it already serves as a The government is not subrogated in your rights against
warning that there is a possibility that it is not lost and a the party who defrauded you. The party who is ultimately
certificate of title may be subsisting somewhere. If there is liable is the one who caused the deprivation of the
a subsisting title elsewhere then the reconstituted title is property.
nullified.
Is there a prescriptive period?
2. In claiming against the assurance fund there is a 6 years from the time that cause of action accrues Ex
requirement that there must be no negligence.
XPN:
The SC found that they were negligent because they a) Minority
received the property as mortgage and the property was b) Insane
very valuable. They should have investigated which they c) Legal disability
did not do. Cannot claim against the party but can claim
against the party who defrauded you. There is a 2 year period where he can file the action from
the time the impediment/disability disappears despite the
Sec. 97 6 year period lapsed.
Judgment, how satisfied. If there are defendants other
than the National Treasurer and the Register of Deeds and CHAPTER VIII－REGISTRATION OF PATENTS
judgment is entered for the plaintiff and against the
National Treasury, the Register of Deeds and any of the Sec. 103
other defendants, execution shall first issue against such Certificates of title pursuant to patents. Whenever public
defendants other than the National and the Register of land is by the Government alienated, granted or conveyed
Deeds. If the execution is returned unsatisfied in whole or to any person, the same shall be brought forthwith under
in part, and the officer returning the same certificates that the operation of this Decree. It shall be the duty of the
the amount due cannot be collected from the land or official issuing the instrument of alienation, grant, patent
personal property of such other defendants, only then shall or conveyance in behalf of the Government to cause such
the court, upon proper showing, order the amount of the instrument to be filed with the Register of Deeds of the
execution and costs, or so much thereof as remains unpaid, province or city where the land lies, and to be there
to be paid by the National treasurer out of the Assurance registered like other deeds and conveyance, whereupon a
Fund. In an action under this Decree, the plaintiff cannot Certificate of Title shall be entered as in other cases of
recover as compensation more than the fair market value registered land, and an owner's duplicate issued to the

grantee. The deed, grant, patent or instrument of Club, Inc.," which declared the Government as the owner of
conveyance from the Government to the grantee shall not Lot 727D-2 based on the absence of signature and
take effect as a conveyance or bind the land but shall approval of the then Secretary of Interior;" and that the
operate only as a contract between the Government and decision in G.R. No. 130876 had "ceased to have any
the grantee and as evidence of authority to the Register of practical effect" as the result of the enactment of R.A. No.
Deeds to make registration. It is the act of registration that 9443, and had thereby become "academic."
shall be the operative act to affect and convey the land,
and in all cases under this Decree, registration shall be The petitioners could not benefit from R.A. No. 9443
made in the office of the Register of Deeds of the province because of their non-compliance with the express
or city where the land lies. The fees for registration shall be condition of holding any TCT or Reconstituted Certificate
paid by the grantee. After due registration and issuance of of Title respecting Lot 727-D-2 or any portion thereof.
the Certificate of Title, such land shall be deemed to be
registered land to all intents and purposes under this The appropriate recourse for the petitioners, if they persist
Decree. in the belief that the TCT of Cebu Country Club should be
nullified, is to compel the OSG through the special civil
If a patent is granted, conveyance of the property is action for mandamus to commence the action to annul on
determined when there is registration of the patent. the ground that Cebu Country Club had obtained its title
to Lot 7217-D-2 through fraud. Yet, that recourse is no
It is the act of registration that shall be the operative act to longer availing, for the decision in G.R. No. 130876
affect and convey the land, in all cases under this Decree, explicitly found and declared that the reconstituted title
registration shall be made in the office of the Register of of Cebu Country Club had not been obtained through
Deeds of the province or city where the land lies. fraud.
Alonzo vs. CCC In this case, there was a patent but there were several
(G.R. No. 188471, April 20, 2010) requirements missing: approval of the DENR and
The law expressly declares as valid "all existing TCT and registration.
Reconstituted Certificates of Title duly issued by the
Register of Deeds of Cebu Province and/or Cebu City SEC 103 states that there must be registration first before
covering any portion of the Banilad Friar Lands Estate," and the patent could be conveyed. Since it was not conveyed,
recognizes the registered owners as absolute owners. then Alonso could not claim the ownership because his
To benefit from R.A. No. 9443, therefore, a person must predecessor in interest cannot be considered an owner
hold as a condition precedent a duly issued TCT or a because the patent was not registered.
Reconstituted Certificate of Title.
CHAPTER IX－CERTIFICATE OF LAND TRANSFER,
Although Lot 727-D-2 was earlier declared to be owned by EMANCIPATION PATENT
the Government in G.R. No. 130876, R.A. No. 9443 later (Sections 104-105)
validated Cebu Country Club's registered ownership due to
its holding of TCT No. RT-1310 (T-11351) in its own name. Sec. 104
As the OSG explained in its manifestation in lieu of Provisional Register of Documents. The Department of
comment (filed in the RTC vis-à-vis the petitioners' motion Agrarian Reform shall prepare by automate data
for reconsideration against the RTC's denial of the OSG's processing a special registry book to be known as the
motion for issuance of a writ of execution), the enactment "Provisional Register of Documents issued under PD-27"
of R.A. No. 9443 had "mooted the final and executory which shall be kept and maintained in every Registry of
Decision of the Supreme Court in "Alonso v. Cebu Country

Deeds throughout the country. Said Registry Book shall be Emancipation Patent and for the registration or related
a register of: documents.
a. All Certificates of Land Transfer (CLT) issued pursuant CHAPTER X－PETITIONS AND ACTIONS AFTER
to P.D. No. 27; and ORIGINAL REGISTRATION
b. All subsequent transactions affecting Certificates of (Sections 107-110)
Land Transfer such as adjustments, transfer,
duplication and cancellations of erroneous Surrender of Withheld Duplicate Certificate.
Certificates of Land Transfer.
Sec. 107
Sec. 105
Surrender of withhold duplicate certificates. Where it is
Certificates of Land Transfer Emancipation Patents. The
necessary to issue a new Certificate of Title pursuant to any
Department of Agrarian reform shall pursuant to P.D. No.
involuntary instrument which divests the title of the
27 issue in duplicate, a Certificate of Land Transfer for
registered owner against his consent or where a voluntary
every land brought under "Operation Land Transfer", the
instrument cannot be registered by reason of the refusal or
original of which shall be kept by the tenant-farmer and
failure of the holder to surrender the owner's duplicate
the duplicate, in the Registry of Deeds.
Certificate of Title, the party in interest may file a petition
in court to compel surrender of the same to the Register of
After the tenant-farmer shall have fully complied with the
Deeds. The court, after hearing, may order the registered
requirements for a grant of title under P.D. No. 27, an
owner or any person withholding the duplicate certificate
Emancipation Patent which may cover previously titled or
to surrender the same, and direct the entry of a new
untitled property shall be issued by the Department of
certificate or memorandum upon such surrender. If the
Agrarian Reform.
person withholding the duplicate certificate is not
amenable to the process of the court, or if not any reason
The Register of Deeds shall complete the entries on the
the outstanding owner's duplicate certificate cannot be
aforementioned Emancipation Patent and shall assign an
delivered, the court may order the annulment of the same
original Certificate of Title number in case of unregistered
as well as the issuance of a new Certificate of Title in lieu
land, and in case of registered property, shall issue the
thereof. Such new certificate and all duplicates thereof
corresponding transfer Certificate of Title without requiring
shall contain a memorandum of the annulment of the
the surrender of the owner's duplicate of the title to be
outstanding duplicate.
canceled.
In case of death of the grantee, the Department of Toledo Banaga vs. Court of Appeals
Agrarian Reform shall determine his heirs or (G.R. No. 127941, January 28, 1999)
successors-in-interest and shall notify the Register of Certificates of Title for cancellation per Section 80 of
Deeds accordingly. Presidential Decree 1529 cited by the Register of Deeds,

bears no merit. In effect, they argue that the winning party
In case of subsequent transfer of property covered by an must wait execution until the losing party has complied
Emancipation Patent or a Certificate of Title emanating with the formality of surrender of the duplicate title. Such
from an Emancipation Patent, the Register of Deeds shall preposterous contention borders on the absurd and has
affect the transfer only upon receipt of the supporting no place in our legal system.
papers from the Department of Agrarian Reform.
The SC had already affirmed the CA's judgment that
No fee, premium, of tax of any kind shall be charged or Certificates of Title be issued in private respondent's name.
imposed in connection with the issuance of an original To file another action just to compel the registered

owner, herein petitioner Tan, to surrender her titles

constitute violation of, if not disrespect to, the orders of Amendment and Alteration of Certificates.
the highest tribunal. Otherwise, if execution cannot be had
just because the losing party will not surrender her titles, Sec. 108
the entire proceeding in the courts, not to say the efforts, Amendment and alteration of certificates. No erasure,
expenses and time of the parties, would be rendered alteration, or amendment shall be made upon the
nugatory. It is revolting to conscience to allow petitioners registration book after the entry of a Certificate of Title or
to further avert the satisfaction of their obligation because of a memorandum thereon and the attestation of the same
of sheer literal adherence to technicality, or formality of be Register of Deeds, except by order of the proper Court
surrender of the duplicate titles. The surrender of the of First Instance. A registered owner of other person
duplicate is implied from the executory decision since having an interest in registered property, or, in proper
petitioners themselves were parties thereto. Besides, as cases, the Register of Deeds with the approval of the
part of the execution process, it is a ministerial function of Commissioner of Land Registration, may apply by petition
the Register of Deeds to comply with the decision of the to the court upon the ground that the registered interests
court to issue a title and register a property in the name of of any description, whether vested, contingent, expectant
a certain person, especially when the decision had attained or inchoate appearing on the certificate, have terminated
finality, as in this case. and ceased; or that new interest not appearing upon the
certificate have arisen or been created; or that an omission
In addition, the enforcement of a final and executory or error was made in entering a certificate or any
judgment is likewise a ministerial function of the courts memorandum thereon, or, on any duplicate certificate; or
and does not call for the exercise of discretion. Being a that the same or any person on the certificate has been
ministerial duty, a writ of mandamus lies to compel its changed; or that the registered owner has married, or, if
performance. registered as married, that the marriage has been
terminated and no right or interests of heirs or creditors
Compared with the case of Padilla, Jr. vs. Phil. Producer’s will thereby be affected; or that a corporation which owned
Cooperative. Why do you think that the SC said that registered land and has been dissolved has not convened
there is no need for an independent action, while in the the same within three years after its dissolution; or upon
case of Padilla the SC said that there is a need for an any other reasonable ground; and the court may hear and
independent action filed to compel the previous owner determine the petition after notice to all parties in interest,
to surrender their Certificate of Title? and may order the entry or cancellation of a new certificate,
the entry or cancellation of a memorandum upon a
Padilla Case certificate, or grant any other relief upon such terms and
It was about money claims and therefore the decision had conditions, requiring security or bond if necessary, as it
nothing to do with the ownership of the property. The may consider proper; Provided, however, That this section
property was foreclosed thus it is not enough to just file a shall not be construed to give the court authority to
motion for the Registry of Deeds to cancel because the reopen the judgment or decree of registration, and that
owner of the property is not stated on the decision of the nothing shall be done or ordered by the court which shall
court. That is why a separate independent action was impair the title or other interest of a purchaser holding a
needed. certificate for value and in good faith, or his heirs and
assigns, without his or their written consent. Where the
Toledo Case owner's duplicate certificate is not presented, a similar
The case was on ownership. The SC said that there is no petition may be filed as provided in the preceding section.
need to file a separate action because the decision of the
court already mentioned who owned the property.

All petitions or motions filed under this Section as well as If there is a patent, and it was duly registered then it has
under any other provision of this Decree after original already been conveyed. That means it was previously a
registration shall be filed and entitled in the original case in public land and it was given to a private individual. Then
which the decree or registration was entered. that means that the land has already been converted to
private alienable and disposable land. The issuance of the
Oliva vs. Republic patent and the registration converted the land to private
(G.R. No. 163118, April 27, 2007) land. Easement on public land is only applicable to public
1. Lands of the public domain may be classified by the lands. So amendment is proper and three (3) meter
President, upon the recommendation of the Secretary easement must be placed on the title.
of Environment and Natural Resources, into: (1)
alienable or disposable; (2) timber; and (3) mineral Philippine Cotton Corp. vs. Gagoomal
lands. However, only alienable or disposable lands (G.R. No. 130389, Feb. 11, 2008)
may be disposed of through any of the forms of It is not the ministerial function of the Register of Deeds to
concession enumerated in the law. A free patent is record a right or an interest that was not duly noted in the
one of such concessions and once it is registered and reconstituted Certificate of Title. As a matter of fact, this
the corresponding Certificate of Title issued, the land task is not even within the ambit of the Register of Deed's
covered by them ceases to be part of the public job as the responsibility is lodged by law to the proper
domain and becomes private property. courts. The foregoing quoted provisions of the law leave
no question nor any doubt that it is indeed the duty of the
2. The Water Code of the Philippines provides: trial court to determine the merits of the petition and
render judgment as justice and equity may require.
Art. 51. The banks of rivers and streams and the shores of
the seas and lakes throughout their entire length and Was is proper for the Registry of Deeds to re-annotate
within a zone of three (3) meters in urban areas, twenty immediately upon request of the petitioner without
(20) meters in agricultural areas and forty (40) meters in surrendering the reconstituted title? NO.
forest areas, along their margins, are subject to the
easement of public use in the interest of recreation, SC said in this case, considered that there was an
navigation, floatage, fishing and salvage. No person shall amendment of the certificate because there was issuance
be allowed to stay in this zone longer than what is of the reconstitution of title. Registry of Deeds said that it
necessary for recreation, navigation, floatage, fishing or was ministerial in his part to re-annotate. SC said that it
salvage or to build structures of any kind. was already in amendment and it must go through
proper court proceeding.
Hence,presently only three meters is required to be
demarcated and preserved as permanent timberland. Notice and Replacement of Lost Duplicate Certificate
Conformably with the foregoing considerations, the

Sec. 109
reduction of the legal easement of forty meters on
Notice and replacement of lost duplicate certificate. In
petitioner's property covered by TCT No. 5455 to three
case of loss or theft of an owner's duplicate Certificate of
meters now is in order.
Title, due notice under oath shall be sent by the owner or
by someone in his behalf to the Register of Deeds of the
In amendments and alteration in a certificate, you have to
province or city where the land lies as soon as the loss or
go to a court proceeding because they have to alter the
theft is discovered. If a duplicate certificate is lost or
annotation on easement.
destroyed, or cannot be produced by a person applying for
the entry of a new certificate to him or for the registration

of any instrument, a sworn statement of the fact of such Pascua vs. Republic (G.R. 162097, Feb 13, 2008)
loss or destruction may be filed by the registered owner or SC said when you apply for a reconstitution, it is axiomatic
other person in interest and registered. to prove that there was really a titled issued over the lots.
That is why there are rigid list of evidence that must be
Upon the petition of the registered owner or other person produced to prove that the Certificate of Title existed. RA
in interest, the court may, after notice and due hearing, 26 provides for the list.
direct the issuance of a new duplicate certificate, which
shall contain a memorandum of the fact that it is issued in RA 26
place of the lost duplicate certificate, but shall in all AN ACT PROVIDING A SPECIAL PROCEDURE FOR THE
respects be entitled to like faith and credit as the original RECONSTITUTION OF TORRENS CERTIFICATES OF TITLE
duplicate, and shall thereafter be regarded as such for all LOST OR DESTROYED
purposes of this decree.
Section 2. Original certificates of title shall be
Feliciano vs. Zaldivar reconstituted from such of the sources hereunder
(G.R. No. 162593, Sept. 26, 2006) enumerated as may be available, in the following order:
When the owner's duplicate Certificate of Title has not
been lost, but is in fact in the possession of another a) The owner's duplicate of the Certificate of Title;
person, then the reconstituted certificate is void, because b) The co-owner's, mortgagee's, or lessee's duplicate of
the court that rendered the decision had no jurisdiction. the Certificate of Title;
Reconstitution can validly be made only in case of loss of c) A certified copy of the Certificate of Title, previously
the original certificate. issued by the register of deeds or by a legal
custodian thereof;
Reconstitution of Lost or Destroyed Original Torrens Title d) An authenticated copy of the decree of registration
or patent, as the case may be, pursuant to which the
Sec. 110 original Certificate of Title was issued;
Reconstitution of lost or destroyed original of Torrens e) A document, on file in the registry of deeds, by which
title. Original copies of certificates of title lost or destroyed the property, the description of which is given in said
in the offices of Register of Deeds as well as liens and document, is mortgaged, leased or encumbered, or
encumbrances affecting the lands covered by such titles an authenticated copy of said document showing
shall be reconstituted judicially in accordance with the that its original had been registered; and
procedure prescribed in Republic Act No. 26 insofar as not f) Any other document which, in the judgment of the
inconsistent with this Decree. The procedure relative to court, is sufficient and proper basis for reconstituting
administrative reconstitution of lost or destroyed the lost or destroyed Certificate of Title.
certificate prescribed in said Act is hereby abrogated.

Section 3. Transfer certificates of title shall be
Notice of all hearings of the petition for judicial reconstituted from such of the sources hereunder
reconstitution shall be given to the Register of Deeds of enumerated as may be available, in the following order:
the place where the land is situated and to the

a) The owner's duplicate of the Certificate of Title;
Commissioner of Land Registration. No order or judgment
b) The co-owner's, mortgagee's, or lessee's duplicate of
ordering the reconstitution of a Certificate of Title shall
the Certificate of Title;
become final until the lapse of thirty days from receipt by
the Register of Deeds and by the Commissioner of Land c) A certified copy of the Certificate of Title, previously
issued by the register of deeds or by a legal
Registration of a notice of such order or judgment without
custodian thereof;
any appeal having been filed by any of such officials.

d) The deed of transfer or other document, on file in the protect the public. They must be applied with
registry of deeds, containing the description of the circumspection and should be applied only in those special
property, or an authenticated copy thereof, showing cases where the interests of justice clearly require it.
that its original had been registered, and pursuant to Nevertheless, the government must not be allowed to deal
which the lost or destroyed transfer Certificate of Title dishonorably or capriciously with its citizens, and must not
was issued; play an ignoble part or do a shabby thing; and subject to
e) A document, on file in the registry of deeds, by which limitations . . . the doctrine of equitable estoppel may be
the property, the description of which is given in said invoked against public authorities as well as against private
document, is mortgaged, leased or encumbered, or individuals."
an authenticated copy of said document showing
that its original had been registered; and Though estoppel by laches may lie against the Republic
f) Any other document which, in the judgment of the when titles to the subdivision lots are already in the names
court, is sufficient and proper basis for reconstituting of the respective innocent purchasers for value from BPC, it
the lost or destroyed Certificate of Title. may not be used by BPC to defeat the titles of the Republic
as regards the subdivision lots which remain unsold and
Republic vs. Cattaroja (G.R. No. 171774, Feb. 12, 2010) the titles to which are still in the name of BPC. It must be
The Supreme Court has applied the principle of ejusdem recalled that BPC is not a purchaser in good faith. Estoppel,
generis in interpreting Section 2 (f) of R.A. 26. "Any other being an equitable principle, may only be invoked by one
document" refers to reliable documents of the kind who comes to court with clean hands.
described in the preceding enumerations.
GR: Estoppel does not run against the government
The Court is not convinced that the above documents of XPN: Innocent Purchaser for Value is involved
the Catarrojas fall in the same class as those enumerated in
paragraphs (a) to (e). None of them proves that a Yujuico vs. Republic (G.R. No. 168661, October 26, 2007)
Certificate of Title had in fact been issued in the name of Equitable estoppel may be invoked against public
their parents. In Republic v. Tuastumban, the Court ruled authorities when as in this case, the lot was already
that the documents must come from official sources alienated to innocent buyers for value and the government
which recognize the ownership of the owner and his did not undertake any act to contest the title for an
predecessors-in-interest. None of the documents unreasonable length of time. Considering that innocent
presented in this case fit such description. purchaser for value Yujuico bought the lot for more than
27 years had elapsed before the action for reversion was
Estoppel in Action for Cancellation of Title filed, then said action is now barred by laches.
Barstowe Phils. vs. Republic (G.R. No. 133110, Mar. 28, Section 32 of PD 1592 recognized the rights of an innocent
2007) purchaser for value over and above the interests of the
The general rule is that the State cannot be put in government.
estoppel by the mistakes or errors of its officials or
agents. However, like all general rules, this is also subject There is no allegation that Yujuico was a buyer in bad faith,
to exceptions, viz: nor did he acquire the land fraudulently. He thus had the
protection of the Torrens System that every subsequent
"Estoppels against the public are little favored. They should purchaser of registered land taking a Certificate of Title for
not be invoked except in rare and unusual circumstances, value and in good faith shall hold the same free from all
and may not be invoked where they would operate to encumbrances except those noted on the certificate.
defeat the effective operation of a policy adopted to

GR: Action to recover lands of the public domain is the foot of the instrument, shall be signed on the left
imprescriptible margin thereof by the person or persons executing the
instrument and their witnesses, and all the ages sealed
XPN: Except barred by laches if Innocent Purchaser for with the notarial seal, and this fact as well as the number of
Value is involved pages shall be stated in the acknowledgment. Where the
instrument acknowledged relates to a sale, transfer,
CHAPTER XI－SCHEDULE OF FEES, SPECIAL FUND mortgage or encumbrance of two or more parcels of land,
the number thereof shall likewise be set forth in said
Sec. 111 acknowledgment.
What are the schedule of fees?

Fees payable to the Clerk of Court, to the Sheriff, to the CHAPTER XIII－DEALINGS WITH UNREGISTERED LAND
Registry of Deeds and to the Land Registration Court.

Sec. 113
Dealing with unregistered land, if there are any Recording of instruments relating to unregistered
conveyances on unregistered land, what is the effect? lands. No deed, conveyance, mortgage, lease, or other
It shall only be binding between the parties. voluntary instrument affecting land not registered under
the Torrens system shall be valid, except as between the
CHAPTER XII－FORMS USED IN LAND REGISTRATION parties thereto, unless such instrument shall have been
AND CONVEYANCE recorded in the manner herein prescribed in the office of

the Register of Deeds for the province or city where the
land lies.
Sec. 112
Forms in conveyancing. The Commissioner of Land
(a) The Register of Deeds for each province or city shall
Registration shall prepare convenient blank forms as may
keep a Primary Entry Book and a Registration Book. The
be necessary to help facilitate the proceedings in land
Primary Entry Book shall contain, among other particulars,
registration and shall take charge of the printing of land
the entry number, the names of the parties, the nature of
title forms.
the document, the date, hour and minute it was presented
and received. The recording of the deed and other
Deeds, conveyances, encumbrances, discharges, powers of
instruments relating to unregistered lands shall be effected
attorney and other voluntary instruments, whether
by any of annotation on the space provided therefor in the
affecting registered or unregistered land, executed in
Registration Book, after the same shall have been entered
accordance with law in the form of public instruments shall
in the Primary Entry Book.
be registerable: Provided, that, every such instrument shall
be signed by the person or persons executing the same in
(b) If, on the face of the instrument, it appears that it is
the presence of at least two witnesses who shall likewise
sufficient in law, the Register of Deeds shall forthwith
sign thereon, and shall acknowledged to be the free act
record the instrument in the manner provided herein. In
and deed of the person or persons executing the same
case the Register of Deeds refuses its administration to
before a notary public or other public officer authorized by
record, said official shall advise the party in interest in
law to take acknowledgment. Where the instrument so
writing of the ground or grounds for his refusal, and the
acknowledged consists of two or more pages including the
latter may appeal the matter to the Commissioner of Land
page whereon acknowledgment is written, each page of
Registration in accordance with the provisions of Section
the copy which is to be registered in the office of the
117 of this Decree. It shall be understood that any
Register of Deeds, or if registration is not contemplated,
recording made under this section shall be without
each page of the copy to be kept by the notary public,
prejudice to a third party with a better right.
except the page where the signatures already appear at

(c) After recording on the Record Book, the Register of sum or obligation guaranteed, date of the instrument,
Deeds shall endorse among other things, upon the original name of the notary before whom it was sworn to or
of the recorded instruments, the file number and the date acknowledged, and a note that the property mortgaged, as
as well as the hour and minute when the document was well as the terms and conditions of the mortgage, is
received for recording as shown in the Primary Entry Book, mentioned in detail in the instrument filed, giving the
returning to the registrant or person in interest the proper file number thereof. The recording of other
duplicate of the instrument, with appropriate annotation, instruments relating to a recorded mortgage shall be
certifying that he has recorded the instrument after effected by way of annotation on the space provided
reserving one copy thereof to be furnished the provincial therefor in the Registration Book, after the same shall have
or city assessor as required by existing law. been entered in the primary Entry Book.
(d) Tax sale, attachment and levy, notice of lis pendens, The Register of Deeds shall also certify the officer's return
adverse claim and other instruments in the nature of of sale upon any mortgage, making reference upon the
involuntary dealings with respect to unregistered lands, if record of such officer's return to the volume and page of
made in the form sufficient in law, shall likewise be the record of the mortgage, and a reference of such return
admissible to record under this section. on the record of the mortgage itself, and give a certified
copy thereof, when requested, upon payment of the legal
(e) For the services to be rendered by the Register of fees for such copy thereof, when requested, upon payment
Deeds under this section, he shall collect the same amount of the legal fees for such copy and certify upon each
of fees prescribed for similar services for the registration of mortgage officer's return of sale or discharge of mortgage,
deeds or instruments concerning registered lands. and upon any other instrument relating to such a recorded
mortgage, both on the original and in the duplicate, the
CHAPTER XIV－REGISTRATION OF CHATTEL date, hour, and minute when the same is received for
MORTGAGES record and record such certificate index of mortgagors and
mortgagees, which record and index shall be open to
Section 114. Recording of chattel mortgages. A chattel public inspection.
mortgage shall be recorded in the office of the Register of
Deeds of the province or city where the mortgagor resides Duly certified copies of such records and of filed
as well as where the property is situated or ordinarily kept. instruments shall be receivable as evidence in any court.
Section 115. Manner of recording chattel Section 116. Fees for chattel mortgages, etc. The register
mortgages. Every Register of Deeds shall keep a Primary of Deeds shall collect the following fees for services
Entry Book and a Registration Book for chattel mortgages; rendered by him under this section:
shall certify on each mortgage filed for record, as well as
on its duplicate, the date, hour, and minute when the same 1. Entry fee. For entry or presentation of any document in
was by him received; and shall record in such books any the Primary Entry Book, five pesos. Supporting papers
chattel mortgage, assignment or discharge thereof, and presented together with the principal document need not
any other instrument relating to a recorded mortgage, and be charged any entry or presentation fee unless the party
all such instruments shall be presented to him in duplicate, in interest desires that they be likewise entered.
the original to be filed and the duplicate to be returned to
the person concerned. 2. Chattel Mortgage. For filing and recording each chattel
mortgage, including the necessary certificates and
The recording of a mortgage shall be effected by making affidavits, the fees established in the following schedule
an entry, which shall be given a correlative number, setting shall be collected:
forth the names of the mortgagee and the mortgagor, the

(a) Six thousand pesos maximum. When the amount of the twenty per centum of the amount of fees due and paid in
mortgage does not exceed six thousand pesos, seven the first city of province, but in no case shall the fees
pesos for the first five hundred pesos, or fractional part payable in any Registry be less than the minimum fixed in
thereof, and three pesos for each additional five hundred this schedule.
pesos, or fractional part thereof.
3. Conveyance of mortgaged property, etc. For recording
(b) Thirty thousand pesos maximum. When the amount of each instrument of sale, conveyance, or transfer of the
the mortgage is more than six thousand pesos but does property which is subject of a recorded mortgage, or of the
not exceed thirty thousand pesos, forty-eight pesos for the assignment of mortgage credit, the fees established in the
initial amount not exceeding eight thousand pesos, and preceding schedule shall be collected on the bases of ten
eight pesos for each additional two thousand pesos or per centum of the amount of the mortgage or unpaid
fractional part thereof. balance thereof, provided, that the latter is stated in the
instrument.
(c) One hundred thousand pesos maximum. When the
amount of the mortgage is more than thirty thousand 4. Notice of attachment. For recording each notice of
pesos but does not exceed one hundred thousand pesos, attachment, including the necessary index and annotations,
one hundred fifty pesos for the initial amount not eight pesos.
exceeding thirty-five thousand pesos, and fourteen pesos
for each additional five thousand pesos of fractional part 5. Release of mortgage. For recording such release of
thereof. mortgage, including the necessary index and references,
the fees established in the schedule under paragraph (b)
(d) Five hundred thousand pesos maximum. When the above shall be collected on the basis of five per centum of
amount of the mortgage is more than one hundred the amount of the mortgage.
thousand pesos but does not exceed five hundred
thousand pesos, three hundred fifty-two pesos for the 6. Release of attachment. For recording each release of
initial amount not exceeding one hundred ten thousand attachment, including the proper annotations, five pesos.
pesos and twenty pesos for each additional ten thousand
pesos or fractional part thereof. 7. Sheriff's return of sale. For recording each sheriff's return
of sale, including the index and references, seven pesos.
(e) More than five hundred thousand pesos. When the
amount of the mortgage is more than five hundred 8. Power of attorney, appointment of guardian,
thousand pesos, one thousand one hundred sixty-two administrator or trustee. For recording a power of attorney,
pesos for the initial amount not exceeding five hundred appointment of judicial guardian, administrator, or trustee,
twenty thousand pesos, and thirty pesos for each or any other instrument in which a person is given power
additional twenty thousand pesos or fractional part thereof: to act in behalf of another in connection with a mortgage,
Provided, however, that registration of the mortgage in the ten pesos.
province where the property is situated shall be sufficient

9. No specific fee. For recording each instrument or order
registration and provided, further, that if the mortgage is
relating to a recorded mortgage, including the necessary
to be registered in more than one city or province, the
index and references, for which no specific fee is provided
Register of Deeds of the city or province where the
above, five pesos.
instrument is first presented for registration shall collect
the full amount of the fees due in accordance with the
10. Certified copy. For certified copies of records, such fees
schedule prescribed above, and the Register of Deeds of
as are allowed by law for copies kept by the Register of
the other city of province where the same instrument is
Deeds.
also to be registered shall collect only a sum equivalent to

11. Certification. For issuing a certificate relative to, or parties and hearing, shall enter an order prescribing the
showing the existence or non-existence of an entry in the step to be taken or memorandum to be made. His
registration book, or a document on file, for each such resolution or ruling in consultas shall be conclusive and
certificate containing not more than two hundred words, binding upon all Registers of Deeds, provided, that the
five pesos; if it exceeds that number, an additional fee of party in interest who disagrees with the final resolution,
one peso shall be collected for every one hundred words ruling or order of the Commissioner relative to consultas
or fractional part thereof, in excess of the first two hundred may appeal to the Court of Appeals within the period and
words. in manner provided in Republic Act No. 5434.
12. Research Fee. For services rendered in attending to Follows the Doctrine of Exhaustion of Administrative
requests for references to, or researches on any document Remedies before seeking aid to the court.
on file in the Registry, there shall be collected a fee of two
pesos per document. CHAPTER XVI－FINAL PROVISIONS
CHAPTER XV－CONSULTAS
MODULE 8: THE CONDOMINIUM ACT (R.A. 4726)
Sec. 117
Definition
Procedure. When the Register of Deeds is in doubt with
A condominium is an interest in real property consisting of
regard to the proper step to be taken or memorandum to
separate interest in a unit in e residential, industrial or
be made in pursuance of any deed, mortgage or other
commercial building and an undivided interest in common,
instrument presented to him for registration, or where any
directly or indirectly, in the land on which it is located and
party in interest does not agree with the action taken by
on other common areas of the building.
the Register of Deeds with reference to any such
instrument, the question shall be submitted to the
A condominium may include, in addition, a separate
Commissioner of Land Registration by the Register of
interest in other portions of such real property. Title to the
Deeds, or by the party in interest thru the Register of
common areas, including the land, or the appurtenant
Deeds.
interest in such areas, may be held by a corporation
specially formed for the purpose (condominium
Where the instrument is denied registration, the Register
corporation) in which the holders of separate interest shall
of Deeds shall notify the interested party in writing, setting
automatically be members or shareholders, to the
forth the defects of the instrument or legal grounds relied
exclusion of others, in proportion to the appurtenant
upon, and advising him that if he is not agreeable to such
interest of their respective units in the common areas.
ruling, he may, without withdrawing the documents from
the Registry, elevate the matter by consulta within five
To be an incorporator in a condominium corporation you
days from receipt of notice of the denial of registration to
should be a share holder. For you to be a share holder you
the Commissioner of Land Registration.
must be an owner of a unit. For you to be an owner of a
unit you must fully pay the price.
The Register of Deeds shall make a memorandum of the
pending consulta on the certificate of title which shall be
What is the concurrent obligation of the developer?
canceled motu proprio by the Register of Deeds after final
Deliver the condominium Certificate of Title
resolution or decision thereof, or before resolution, if
withdrawn by petitioner.
Warranties and Representations
The Commissioner of Land Registration, considering the

consulta and the records certified to him after notice to the BPI vs. ALS Management Corp.

(G.R. No. 151821, April 14, 2004) mortgage or the corresponding portion thereof
The brochure that was disseminated indicated features within six months from such issuance in order that
that would be provided each condominium unit; and that, the title over any fully paid lot or unit may be secured
under Section 19 of PD No. 957, would form part of the and delivered to the buyer in accordance herewith.
sales warranties of petitioner. From the foregoing it is clear that upon full payment,
the seller is duty-bound to deliver the title of the unit
Respondent relied on the brochure in its decision to to the buyer. Even with a valid mortgage over the lot,
purchase a unit. Since the former failed to deliver certain the seller is still bound to redeem said mortgage
items stated therein, then there was a clear violation of its without any cost to the buyer apart from the balance
warranties and representations. of the purchase price and registration fees.
In this case, agents warrant those specific amenitied to be b) The act of mortgaging the condominium project
delivered such as CCTV, etc. The general concept: without the knowledge and consent of the buyer of a
“condominium living at its very best.” It is a general waiver, unit therein, and without the approval of the NHA
you do not expect that when you buy a condominium, (now HLURB) as required by P.D. No. 957, is not only
your life would be better. an unsound real estate business practice but also
highly prejudicial to the buyer, (who) has a cause of
Jurisdiction action for annulment of the mortgage.
The courts do not have the jurisdiction. It is the Housing
and Land Use Regulatory Board (HLURB) on real estate Suspension of Monthly Amortization
business.
1) Specific performance Gold Loop Properties Inc. vs. CA
2) Delivery of title (G.R. No. 122088, January 26, 2001)
3) Complaints concerning the developer The private respondents are entitled to a copy of the
4) Suspension of payments contract to sell, otherwise they would not be informed of
their rights and obligations under the contract. When the
In this case, the SC said that there is no jurisdiction but Sadhwanis parted with P878,366.35 or more than one third
since the issue was raise belatedly, it was only raised when of the purchase price for the condominium unit, the
there was unfavorable decision therefore the developer contract to sell, or what it represents is concrete proof of
was already estopped. the purchase and sale of the condominium unit.
Redemption of Mortgaged Condominium Lot Private respondents were indeed justified in suspending
payment of their monthly amortizations. The failure of
De Vera vs. Court of Appeals petitioners to give them a copy of the Contract to Sell sued
(G.R. No. 132869, October 18, 2001) upon, despite repeated demands therefor, and
a) Sec. 25 of PD 957 provides: Sec. 25. Issuance of Title notwithstanding the private respondents' payment of
— The owner or developer shall deliver the title of P878,366.35 for the subject condominium unit was a valid
the lot or unit to the buyer upon full payment of the ground for private respondents to suspend their
lot or unit. No fee, except those required for the payments.
registration of the deed of sale in the Registry of
Deeds, shall be collected for the issuance of such title.
In the event a mortgage over the lot or unit is
outstanding at the time of the issuance of the title to
the buyer, the owner or developer shall redeem the

Alteration of Plans
P.D. No. 957 provides that a subdivision owner "shall refer
G.O.A.L Inc. vs. Court of Appeals to the registered owner of the land subject of a subdivision
(G.R. No. 118822, July 28, 1997) or a condominium project." Also, a subdivision developer
"shall mean the person who develops or improves the
When you mortgage and when you alter, it must be with subdivision project or condominium project for and in
approval with the HLURB and consent of the unit owners. behalf of the owner thereof."
Case review: The law clearly defines who is considered a subdivision

The developer had a problem with his contractor. The owner or developer, and the petitioners are neither. They
contractor pre-terminated their contract before the bldg are merely owners of a number of lots within the
was finished. So the developer had to finish the building. subdivision owned and developed by Pasig Properties, Inc.
So the developer obtained a loan from the bank and the But even if petitioners were subdivision owners or
bank asked for collateral. But some floors were already developers, this would not bar them from seeking redress
finished and some unit owners have already paid. The from the Courts.
owner of the units has the right to ask for the certificate. So
then the owner tried to ask their certificate titles but the (Note particularly pars. (b) and (c) as worded, where the
bank withheld it saying that it will use it as collateral for the HLURB's jurisdiction concerns cases commenced by
loan. subdivision lot or condominium unit buyers. As to par. (a),
concerning "unsound real estate practices," it would
SC said it is wrong because it is already the unit owner’s appear that the logical complainant would be the buyers
property. You cannot use a collateral property which you and customers against the sellers (subdivision owners
do not own. So the condominium units have a right to and developers or condominium builders and realtors),
demand for the certificates of title upon full payment. and not vice versa.)
SUBDIVISION AND CONDOMINIUM PROTECTIVE END
BUYERS’ DECREE (P.D. 957)

"I Can Do All Things Through Christ
Who Strengthens Me"
Jurisdiction of the HLURB
Dela Cruz vs. Court of Appeals

(G.R. No. 148190, November 17, 2004)
According to P.D. No. 1344, 23 the National Housing
Authority (now the HLURB) shall have exclusive jurisdiction
to hear and decide cases of the following nature:
1) Unsound real estate business practices;
2) Claims involving refund and any other claims filed by
subdivision lot or condominium unit buyer against
the project owner, developer, dealer, broker or
salesman; and
3) Cases involving specific performance of contractual
and statutory obligations filed by buyers of
subdivision lot or condominium unit against the
owner, developer, dealer, broker or salesman.

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Land Titles and Deeds 2020-2021 | Atty.

MODULE TITLE Statutory liens------------------------------------------ 18

AVILA, R. & LAGORIN, S. (Supplemented by Monster Notes)

CHAPTER X－PETITIONS AND ACTIONS AFTER------ 50

AVILA, R. & LAGORIN, S. (Supplemented by Monster Notes)

When: Within 1 yr from the entry if the decree of the

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When is fraud extrinsic? 3) Where an attorney fraudulently or without authority

thereby preventing him from asserting his right to defeat; or

a judgment because it was founded on a fraudulent side — these, and

own lawyer as in the Palanca case (unless it can be

act) thereby preventing him from asserting his right to the

Palanca vs. American Food Manufacturing Co.

Extrinsic fraud refers to any fraudulent act of the Intrinsic fraud.

successful party in a litigation, which is committed outside

case. must also PROVE IT.

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When dealing with registered lands, the only responsibility Exception:

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This is a scenario of an INNOCENT MORTGAGEE FOR

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nevertheless, bound by the liens and encumbrances such possessors.

annotated thereon. One who buys without checking

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What if you are in possession of the property but then you

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- action to be filed against the applicant or the person

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If party aggrieved is negligent, then he shall be solely

Assurance Fund, defendants in the action

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MODULE 5: CERTIFICATE OF TITLE

CHAPTER IV－Certificate of Title Del Prado vs. Caballero

Inasmuch as the petition for registration of document did

The entry of the decree of registration starts the running of

When does a Certificate of Title take effect?

Salient Features of the Torrens System

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Certificate of Title third persons are concerned

registration and Certificate of Title, and a certificate stating

Sec. 40 If there are two owners of a parcel of land, is it necessary

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same land shall be in like form, entitled "Transfer paraphernal properties.

Marcosa Rivera case, Litam was married to Rivera. Children

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voluntarily the taking by the government he waives his

D.B.T. Mar-Bay Construction, Inc. vs. Panes Leyson vs. Bontuyan

Sec. 48 its enforcement.

Jurisprudence would define the same as an action to Oño vs. Lim

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Splitting and Consolidation delineated on the plan shall be closed or otherwise

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of a new one which would result in the enlargement of the