It is the classification which prevails.
malabanan- you must also prove that there is a
Only agricultural lands can be made available to private
ownership.
The classification and reclassification of public lands is he
exclusive prerogative of the Executive Department. (they are in
the better position to classify; The Congress only comes up
with the policy.) Classification of lands belong to DENR.
Mere possession of private individuals of lands does not create
a presumption that lands are alienable and disposable (collado
vs. CA)
Only agricultural lands can be alienated (Heris of Malabanan
vs. Republic). Other types of lands were reclassified as
agricultural and DENR classifies it a alienable and disposable)
Prop of Public Domain not registrable.
- For public use;
- For public service (gov buildings, markets);
- For development of the national wealth (forest,
mineral lands)
Characteristics:
o Cannot be alienated or leased or otherwise be
the subject matter of contracts;
 LGU cannot enter into contracts with a
private individual using lands of public
domain.
 You have to apply with DENR to lease
these properties and these properties
must not be reserved or devoted for
public use, public service, or
development of national wealth.
 Can I lease government proper – yes,
just check if it is a patrimonial property
with the DENR.
o Cannot be acquired by prescription against the
State.
o If mode of acquisition is prescription, proof
that land has already been converted to
private ownership prior to the requisite
acquisitive period is a condition sine qua non
in observance of the law that property of the
State not patrimonial in character shall not be
the object of prescription. (Heirs of Malabanan
vs. Republic, 2013)
o Why is it that some applicants use prescription
vs OCENA – because sec 1 under sec 14, dapat
ung 30 year should be counted from June 12,
1945. Ex. earliest occupation is 1970, you will
not be able to be granted registration because
earliest occupation is not June 12,1945 or
earlier. For as long as you can establish that
you are in possession for 30 years, no prior
registration, then you can have the property
registered under your name (Heris of
positive act from the State or proclamation)
Procedure to Obtain Public Agricultural land (CA 141)
1. Home stead settlement
2. By Sale. The State may sell the property through a law.
Ex. NHA or DHSUD (dating HLURB) which has the
power to sell or alienate land for residential. DENR if
agricultural land.
3. By lease. (next best thing for persons who are cannot
acquire lands. i.e. Private Corporation.) Kaya walang
OCT under the name of a corporation. TCT pwede ang
private corporations. Constitution only prohibits
original registration)
4. By confirmation of imperfect or incomplete titles
a. Incomplete/imperfect because the owner or
claimant has met all requisites for purposes of
ownership except there is no government
recognition yet (the registration) ex. land
acquired through pamana
b. 2 modes: judicial confirmation; administrative
legalization (free patent) > both results to
registration of land in the name of applicant.
Free patents
- Ca 141 > procedure for free patents
- RA 9176 (2020)
- RA 10023
Questions:
1. Does a grant or patent has the effect of attaching the
land or charging the land aware or bound by the
effects as stated in the free patent -No, Only after
registration of the patent and the corresponding title is
issued will the land be affected and become private
property.
2. Patent indefieasible and not subject to collateral
attack? – No. it is the Torrens title issued that can
become indefeasible
What is the Torrens system of Registration?
- Central registrar. Intended to merely confirm and
register the title which one may already have on the
land. Simply put, not a mode of acquiring, just an
evidence of ownership. (municipality of Victorias vs
CA)
- Basis: law on trusts
Procedure for original registration
1. Original registration
2. Subsequent registration -occurs after property rights
have been brought under the Torrens System after the
date of original registration. OCT becomes TCT; OCT
becomes cancelled
Who may apply
1. Those who by themselves or predecessors who gave
been OCEN or alienable and disposable land of public
domain under bona fide claim since June 12, 1945, or
earlier. For now > tacching in of possession =. Ex. you
 acquired land thru as seller who acquired land thru
sale or donation, traced before June 12, 1945. (several
transactions traced back to a date earlier to June 12,
1945.
2. Those who have acquired ownership by prescription.
3. Those who have acquired ownership by right of
accession or accretion.
4. Those who have acquired ownership of land in any
other manner provided by law. i.e. free patent,
homestead patent, etc.
Procudeure when applying for Orig registration through courts.
1. Survey land by the Bureau of Lands or a duly license
private surveyor. Best to get survey of land before
filing.
2. Filing of application for registration (RTC; in some
cases MTC may also accept in the exercise of its
delegated jurisdiction- as assigned by the SC)
3. Setting date for the initial hearing – same date for
submission of jurisdictional requirements.
4. Transmittal of the application and the date of initial
hearing to LRA
5. LRA will cause publication of notice of initial hearing in
the Official Gazette (paid by the petitioner)
6. Service of notice to contiguous owners, occupants and
those with know to have interest (done by the COC)
7. Filing of an answer or opposition to the application by
any person whether named in the notice or not.
8. Hearing or the case by the court. (Petitioner will
submit jurisdictional requirments, publication, affidavit
of publication, proof of mailing, proof of posting.; in
addtioon, court will ask court staff if anwers or
oppositions have been filed. > if none, the petitioner
should apply for an order of general default – only
private persons are affected, and not the State. Hence,
State can still appeal notwithstanding no answer from
the State) the rule is he who alleges the issue, has the
burden to prove. Then applicant must prove right to
property. I.e type of property, alienable and
disposable, area of land thru survey plan, etc)
9. Promulgation of judgment. This judgment is the
judicial decree of registration.
10. Issuance of decree by the court declaring decision final
and instructing the LRA to issue a decree of
confirmation and registration.
11. Entry of the decree of registration in the LRA.
12. Transmittal of decree of ROD
13. Issuance of OCT and owners duplicate by the ROD
Where to File
RTC havng jurisdiction
MTC vested with delegation where assessed property is not
more thatn 100,000 pesos
Jurisprucential Rulings
1. Pubication in Official gazzetter is jurisdicational
2. Ublication in a newspaper of general circual is not
jurisdicational but mandatory for purposes of due
process (Director lands vs. CA)
3. While best evidence is the original tracing cloth plan,
blue print copies and other evidence could also
provide sufficient identification
4. Rep. vs. TAN Prop, 2008 – PENRO or CENRO stating
that the land is alienable or disposable no enough.
Mus show original classification approved by the DENR
Secretary and certified as true copy.
5. Period of possess to qualify must be counted from the
land is alienable and disposable (Rep. vs Sese, 2014)
6. The 1987 Consti prohibits from acquiring by original
registration any kind of alienable land unless the land
is already private. Thus only a subsequent registrant.
7. Applicant should prove OCENA (Wee vs Republic)
8. Tax declarations are not conclusive proof of
ownership, but good indicia of possession. (Rep. vs.
Gielczyk)
Torrens title that may be issued:
1. OCT
2. TCT
3. Condominium Certificate of title.
Doctrines of Incontrovertibility, indeaifi….
- After expiration of the one year from the issuance of
the decree of registration which it is issued, a torrens
title becomes incontrovertible (Pamintuan vs. San
Agustin) (Legarda vs, Saleeby)
Jurisprudence
1. Ermac vs. Ermac – Sec 32 of PD1529, cert of title is
only an evidence of ownership. Does not foreclose
the possibility that the property is co-owned or
held in for trust for another person.
2. Pascua vs Gopuyoc- (proper action for
reconveyance, to quiet title, cancel title)
3. Ventura vs Avuda- “married to” is merely
descriptive of civil status and does not prove co-
ownership. (because registration states that civil
status be indicated) (kaya if nakalagay na married
to, may presumption an conjugal, hahanapain
pirma ng spouse. 2 possibilities: 1. Patay na ung
isang spouse > settlement of estate, an d register
in ROD for new title to be issued in the surviving
heirs. 2. They are already separated > (ROD duty
to preserve integrity kaya hindi basta basta
tanggap ng claim na hiwalay/ or that land is not
conjugal) so spouse should prepare an affidavit
that property is acquired before marriage (pakita
ang deed of sale, etc) ROD if convinced ROD will
proceed. If not convinced, prepare an En Consulta.
4. Iglesia ni Cristo. Vs Hon.. Judge. > where 2 certs
are issued, holder of prior certificate is entitled to
 the land as against the person who relies on the
second certificate. (earliest title will prevail)
5. Aboon vs Aboon – whoever held a Torrens title in
his name is entitled to the possession of the land
covered by the title
Government agencies involved in registration
1. Courts
2. LRA
3. ROD
What is e-registration
- Called Land titling computerizationprojects to change
from the manual syytem to electronic registration
using the PHILARIS.
- Under the general registration procedure, all basic
information from documents received supporting the
transavtion shall be entered in the Electronic Primary
Entry Book for Registered Land.
- The documents shall be scanned and the images shall
be stoed in the database of the pertinent Registry.
After scanning, the documents shall be kept in the
vault for safekeeping
What are the rules and requirements for sale of lands?
1. Constructive delivery, can be thru execution of public
instrument i.e. execution of DOAS > that is already
delivery. Aya ROD required you to submit DOAS and
Title.
2. DOAS, make sure that the persons who are requiring
to give consent must have given consent. If 2
corporation, make sure that the persons are
authorized (thru a BOARD RESOLUTION which includes
an appointment given to a specific person to sign the
contract)
3. When buying a property from a married couple, sign
by both spouses. If minor, sign by parents.
4. Subject matter must be licit (hindi illegal); and must be
determinate (there must be a technical description-
described and segregated from its class) > if property
from co owned persons, property has not been
segregated.
5. Hindi pwede ang conditional contract of sale na ma
register. Same with contract to sell. Because there is
no fullpayment of purchase price. Remedy is ask seller
to execute a deed of absolute sale.
6. Obligations of a vendor. Does not include obligation to
transfer title to buyer. It is the job of the buyer to have
the ownership registered (see Zaide vs CA – ayaw
isurrender ni seller ang certificate; surrender of title is
only incidental. [ex. Forced sale in an auction]. Remedy
is to file a Petition to Surrender Owner’s Duplicate.
Court will issue a certification and a transmittal to ROD
to cancel the owners duplicate.
7. Deliver the thing with the improvements, except when
there is a stipulation to the contrary.
8. CGT on account of seller. (depends on usapan)
9. Regarding the purchase price in contrace, some parties
will reduce the price in contract to reduce tax > does
no nullify the contract. What renders the contract void
is a gross inadequate price to shock the senses of a
person. (BIR will base taxes on purchase price, zonal
value, assessed value, whichever is higher)
Rquirements and steps for registration of a sale
1. Execute DOAS or any proper deed of conveyance
2. Pay the approrpirate taxes with the BIR and the City
Treasurer
3. Bring to ROD
4. Present and surrender the owners duplicated to ROD
5. Wait for new certificated of title in the name of the
buyer.
The Mirror doctrine – every person may safely rely on the
correctness of the Cert of title issued (not the owners
duplicate because it is not the updated – get in ROD
certified true copy of certificate of title) (Locsin vs. Hizon.
As a buyer, examine certified true copy for encumbrances
and you can rely on the cleanness of the certificate.
When mere reliance on title not applicatble:
1. Actual knowledge of circumstances that would
impel a reasonably cautious man to make such
inquiry.
2. Purchaser has knowledge of a defect or the lack of
title in his vendor or of sufficient facts. Ex. dealing
with heirs
3. The presence of anything which excites or arouses
suspicion. Ex. may kubo dun sa land claiming
ownership
- Should prompt vendee to look beyond the certificate
( Locsin vs. Hizon)
Precautionary measure or steps
1. Verify origin, authenticity, and validity of title with
ROD and LRA.
2. Engage services of a competent geodetic engineer to
verify boundeary, metes, and bounds of the lot subject
of said title based on the technical description. (kung
may discrepancy> 1. Demand exact area; 2. If no
longer cannot be delivered, ask for a reduction of a
prices; if discrepancy is more than 1/10, you can cancel
contract.
3. Conduct an actual ocular inspection of the lot.
4. Inquire from owners and possessors of adjoining lots
and with respect to the ture and legal ownership in lot
5. Putting up signs that said lotis being purchased, leased,
or encumbered (this lot is being sold, etc.)
6. Undertaking other measures to make people aware
What are voluntary and involutary dealings?
Transacetions after original registration
See Sec. 51. Of pd 1529, annotation and recording

The act of registration shall be the operative act
Ischare of voluntary and involuntary dealings.
1. A mortage or lease may e discharged or cancelled by
means of an instrument executed by the mortgagee or
lesse Sec. 62
2. Power of attorney may be cancelled by an instrument
revoking the power of attorney (Sec. 64 PD 1529)
3. Attachments and lines, Sec 73
Reconstitution- procedure of reconstitution of lost or
destroyed titles 9lost or destroyed ung nasa ROD!!
Modes of reconstitution
1. Judicial reconstition under RA No. 26
2. Administrative reconstitution RA 6732
What may be reconstitution
1. Certificates of title lost or destroyed
2. liens and encumbrances (if portion lang, reconstitution
of lost or destroyed lien or encumbrance)
if what is lost or destroyed is title in possession RE ISSUANCE.
JUST FILE A PETITION WITH AN AFFIDAIT OF LOSS
Conditions for administrative reconstitution.
1. Substatntial loss or destruction of land titles etc.
2. Number of certificates of titles lost or damages should
be at least 10% of total number in possession of ROD
Sir, can you discuss the process in filing a petition for the
reissuance of title in cases where the certificate in possession
of the owner was lost/destroyed.
Who may file
1. Registered owner,
2. Assigns
3. Any person having an interst in the property.
who is notified
register owner
possessor
persons having intersin in property.
Binding effect of reconstituted titles
1. Judicial reconsittutiion under RA 26
2. Mas may biding effect ang judicial vs admininstrative
because judicial is in rem vs in personam
3. Sec 7 RA 26
Before lapse of 2 years, registered owner may file in RTC, but
after 2 years, ex parte nalang. (vs. adversarial)
Effect of recovery of original title
Reconstituted title is cancelled by the RD
If is in the name of another register owner
Questions:
1. 6 claimaints friar lands,1 claimant pian tiitulo lahat ng
property. > Fraudulent transfers will not protect
transferee. But law also provides statute of limitations
wc is 10 years
2. Ano legal matters and process pag cadastral lot.
Cadastral survey initiated by the state for purposes of
identifying portions of public land occupied by private
individuals.
3. Classification of DENR based on nature of land; in
assessors office, based on the use of the land.
4. Reissuance, court proceeding din.
5. Deadline of estate tax. amnesty June 28 2021
6. Object of sale is 1000 sqm, can still sel 500 remaing. IF
NO MISTAKE. I.e sold by boundries. If such, included in
the sale,buyer is entitled to 1500 sqm. Baliktad kapag
sold per square meter.
7. Choice of portion of lot which to sell, pa survey uli. >
subdivision plan.
8. Duration of tracfer of title, where to verify > dati mga 6
months mabilis na. just submit all documents and
taxes, and follow up.
9. Which agency to verify ? ROD
10. If the TD in the title is consistent with the TD of the
adjacent property, then no problem in title, problem
is in the actual plotting of properties. If not, can be
compelled to adjust but no need to issue new title. If
you want to sell property in parts, make subdivision
plan.
11. Reissuance of title with the RTC where ROD is located,
and file an affidavit of loss, the court will order ROD to
issue a new owners duplicate.
12. Nagawan ng DOAS and di pa na hati ang lupa.
Kasalanan ng seller because duty niya mag subdivide,
etc or ugn mga conditions precedent. Unless may
usapan na iba.Always put condition na : all fees,
charges, pertaining to fees, or transactions shall be
expense of seller, all exepenses occurring after the
sale, for the expense of the buyer