CHAPTER I

GENERAL PROVISIONS

Section 1. Title of Decree. This Decree shall be known as the PROPERTY REGISTRATION DECREE.

Section 2. Nature of registration proceedings; jurisdiction of courts. Judicial proceedings for the
registration of lands throughout the Philippines shall be in rem and shall be based on the generally
accepted principles underlying the Torrens system.

Courts of First Instance shall have exclusive jurisdiction over all applications for original
registration of title to lands, including improvements and interests therein, and over all petitions filed
after original registration of title, with power to hear and determine all questions arising upon such
applications or petitions. The court through its clerk of court shall furnish the Land Registration
Commission with two certified copies of all pleadings, exhibits, orders, and decisions filed or issued in
applications or petitions for land registration, with the exception of stenographic notes, within five
days from the filing or issuance thereof.

1. THE REGALIAN DOCTRINE DECLARES THAT ALL LANDS AND ALL OTHER NATURAL
RESOURCES ARE OWNED BY THE STATE
a. Under the Regalian Doctrine, all lands of whatever classification and other natural
resources not otherwise appearing to be clearly within private ownership belong to
the State.
o The State is the source of any asserted right to ownership of land and
charged with the conservation of such patrimony
o Public lands not shown to have been reclassified or released as alienable
agricultural land or alienated to a private person by the State remain part of
the alienable public domain. To overcome the presumption, there must be a
showing of a title from the State or any other mode of acquisition
recognized by law.

2. CONCEPT OF JURA REGALIA

a. Private title to land must be traced to some grant, express or implied, from the
Spanish Crown or its successors , the Americal Colonial government, and thereafter,
the Philippine Republic.
b. Jura Regalia – royal rights, or those rights which the King has by virtue of his
prerogatives.
 - the State is the original proprietor of all lands and, as such, is the
general source of all private titles (so all claims of private title to land, save those acquired from native
title must be traced from some grant, whether express or implied, from the State).

- Absent a clear showing that the land had been let into private
ownership through the State’s imprimatur, such land is presumed to belong to the State.

NOTE:

Spanish Mortgage Law – provided for the systematic registration of titles and deeds as well as
possessory claims.

- sought to register and tax lands pursuant to the Royal Decree of 1880.

The Royal Decree of 1894 or the “Maura Law” – the last Spanish land law promulgated in the PH

- required the “adjustment” or registration of all

agricultural lands, otherwise the lands shall revert to the state

3. DOCTRINE REFLECTED IN THE FUNDAMENTAL LAW

a. The 1987 Constitution embodies the principle of State ownership of lands and all
other natural resources in Section 2 of Article XII on “National Economy and
Patrimony”
b. Thus, after expressly declaring that all lands of the public domain, waters, minerals,
all forces of energy and other natural resources belonged to the State, the
Commonwealth absolutely prohibited the alienation of these natural resources
(their disposition, exploitation, development, and utilization were further restricted
only to Filipino citizens and entities that were 60% Filipino-owned).
c. The present Constitution provides that, except for agricultural lands of the public
domain which alone may be alienated, forest or timber, and mineral lands, as well
as all other natural resources must remain with the State, the exploration,
development and utilization of which shall be subject to its full control and
supervision albeit allowing it to enter into co-production, joint venture or
production-sharing agreements, or into agreements with foreign-owned
corporations, involving technical or financial assistance for large-scale exploration,
development and utilization.

4. THE REGALIAN DOCTRINE MUST BE APPLIED TOGETHER WITH THE CONSTITUTIONAL

PROVISIONS ON SOCIAL JUSTICE AND LAND REFORM
 a. And must be interpreted in a way as to avoid manifest unfairness and injustice.
Every application for a concession of public land has to be viewed in the light of its
peculiar circumstances.
b. A strict application of the rule in Amunategui v. Director of Forestry that the
applicant shoulders the burden of overcoming the presumption that the land sought
to be registered forms part of the public domain is warranted whenever a portion of
the public domain is in danger of ruthless exploitation, fraudulent titling, or other
questionable practices (but when an application appears to enhance the very
reasons behind the enactment of the Land Registration Act (Property Registration
Decree) or the Public Land Act, then their provisions should not be made to stand in
the way of their own implementation.

5. THE REGALIAN DOCTRINE DOES NOT NEGATE “NATIVE TITLE”

“It might, perhaps, be proper and sufficient to say that when, as far back as testimony or
memory goes, the land has been held by individuals under a claim of private ownership, it will
be presumed to have been held in the same way from before the Spanish conquest, and never
to have been public land.” – Justice Holmes, Carino v. Insular Government

- The above ruling institutionalized the recognition of the existence of native title to land, or
ownership of land by Filipinos by virtue of possession under a claim of ownership since time
immemorial and independent of any grant from the Spanish Crown, as an exception to the
theory of jura regalia.

“No law shall be enacted in said islands which shall deprive any person of life, liberty, or
property without due process of law, or deny to any person therein the equal protection of
the laws” – Philippine Bill of 1902

- Carino firmly established a concept of private land title that existed irrespective of any
royal grant from the State and was based on the strong mandate extended to the
Islands via the Philippine Bill of 1902
- The IPRA recognizes the existence of ICCs/IPs as a distinct sector in the PH society. It
grants these people the ownership and possession of their ancestral domains and
ancestral lands, and defines the extent of these lands and domains. The ownership given
is the indigenous concept of ownership under customary law which traces its origin to
native title.
 It is in them that sovereignty resides and from them all government authority emanates.

- Carino cannot override the collective will of the people expressed in the Constitution.

6. BACKGROUND OF THE TORRENS SYSTEM OF REGISTRATION

a. Sir Robert Torrens, a layman in South Australia in 1857
b. Title by registration takes the place of “title by deeds” of the system under the
“general” law
o A sale of land, for example, is effected by a registered transfer, upon which
a certificate of title is issued.
o The certificate is guaranteed by statute, and, with certain exceptions,
constitutes indefeasible title to the land mentioned therein
c. The object of the Torrens system then is to do away with the delay, uncertainty, and
expense of the old conveyancing system
d. By “Torrens” systems generally are meant those systems of registration of
transactions with interest in land whose declared object is, under governmental
authority, to establish and certify to the ownership of an absolute and indefeasible
title to reality, and to simplify its transfer
e. Grants of public land were brought under the operation of the Torrens system
under Act No. 496, or the Land Registration Act of 1903
o Enacted by the Philippine Commission, said Act placed all public and private
lands in the Philippines under the Torrens System
f. The Torrens system requires that the government issue an official certificate of title
attesting to the fact that the person named is the owner of the property described
therein, subject to such liens and encumbrances as thereon noted or the law
warrants or reserves.
o The certificate of title is indefeasible and imprescriptible and all claims to
the parcel of land are quieted upon issuance of said certificate
g. This system highly facilitates land conveyance and negotiation
h. The dominant principle is that the titles registered thereunder are indefeasible or as
nearly so as it is possible to make them.

7. PURPOSE OF THE TORRENS SYSTEM

a. The government has adopted the Torrens System due to its being the most effective
measure to guarantee the integrity of land titles and to protect their indefeasibility
once the claim of ownership is established and recognized.
b. The real purpose is to quiet title to land; to put a stop forever to any question of the
legality of the title, except claims which were noted at the time of registration, in
the certificate, or which may arise subsequent thereto
o Once a title is registered the owner may rest secure, without the necessity
of waiting in the portals of the court, or sitting in the “mirador de su casa,”
to avoid the possibility of losing his land.
 c. The Torrens system settles title to real property so as to preempt any question on
the legality thereof— except claims that were noted on the certificate itself at the
time of registration or those that arose subsequent thereto
o Indefeasibility and imprescriptibility are the cornerstones of land
registration proceedings
d. The Torrens system aims to decree land titles that shall be final, irrevocable, and
indisputable, and to relieve the land of the burden of known as well as unknown
claims.
o A certificate of title implies that the title is quiet, and that it is perfect,
absolute, and indefeasible. It is conclusive as to all matters contained
therein, including the ownership of the land.
e. A Torrens title is conclusive evidence with respect to the ownership of the land
described therein, and other matters which can be litigated and decided in land
registration proceedings.
o The indefeasibility of a title does not attach to titles secured by fraud and
misrepresentation.
o The registration is not an impediment to a declaration by the courts of its
invalidity

f. The “Mirror Doctrine” – every person dealing with registered land may safely rely
on the correctness of the certificate of title issued therefor and is in no way obliged
to go beyond the certificate to determine the condition of the property.
o Consequently, every registered owner and every subsequent purchaser for
value in good faith holds the title to the property free from all
encumbrances except those noted in the certificate.
o As such a defective title (or one the procurement of which is tainted with
fraud and misrepresentation) may be the source of a completely legal and
valid title, provided that the buyer is an innocent third person who, in good
faith, relied on the correctness of the certificate of title, or an innocent
purchaser for value.

8. REGISTRATION IS NOT A MODE OF ACQUIRING OWNERSHIP

a. Registration of a piece of land under the Torren System does not create or vest title,
but merely a procedure to establish evidence of title over realty.
b. It is a means of confirming the fact of its existence with notice to the world at large.
A certificate of title is not a source of right, it merely confirms or records a title
already existing and vested.
c. The mere possession thereof does not make one the true owner of the property.
d. Registration does not give the registrant a better right than what he had prior to the
registration.
 o Mere issuance of the certificate of title in the name of any person does not
foreclose the possibility that the real property may be under co-ownership
with persons not named in the certificate or that the registrant may only be
a trustee or that other parties may have acquired interest subsequent to the
issuance of the certificate of title.

9. RULE ON DOUBLE REGISTRATION

a. Priority of registration is the settled rule— the owner of the earliest certificate is
the owner of the land

b. Distinction between “title” and “certificate of title”

o Title
– the lawful cause or ground of possessing that which is ours
-- the foundation of ownership of property, real or personal
-- that which constitutes a just cause of exclusive possession, or which is the foundation of
ownership of property

o Certificate of title

- a mere evidence of ownership; it is not the title to the land itself

- May be an Original Certificate of Title, which constitutes a true copy of the decree of
registration, or a Transfer Certificate of Title, which is issued subsequent to the original
registration

10. ADVANTAGES OF THE TORRENS SYSTEM

a. Security
b. Reduced the cost of conveyances from pounds to shillings, and the time occupied
from months to days
c. Brevity and Clearness
d. Simplified ordinary dealings that he who has mastered the “three R’s” can transact
his own conveyancing
e. Affords protection against fraud
f. Restored to their just value many estates, held under good holding titles, but
depreciated in consequence of some blur or technical defect, and has barred the
reoccurrence of any similar faults.

- The Torrens system aims to avoid possible conflicts of title to real estate and to facilitate
transactions relative thereto by giving the public the right to rely upon the face of a
Torrens certificate of title and to dispense with the need of inquiring further, except
 when the party concerned has actual knowledge of facts and circumstances that should
impel a reasonably cautious man to make further inquiry.
- Where innocent third persons, relying on the correctness of the certificate of title,
acquire rights over the property, the court cannot disregard such rights and order the
cancellation would be to impair public confidence in the certificate of title, for everyone
have to inquire in every instance as to whether the title has been regularly or irregularly
issued by the court.

11. A VIEW OF PAST AND PRESENT LEGISLATION ON LAND REGISTRATION

a. The Public Land Act (CA No. 141) - 1903
- Act No. 926, the first Public Land Act, which governed the disposition of lands of the
public domain
- Prescribed rules and regulations for the homesteading, selling, and leasing of portions of
the public domain of the PH Islands, and prescribed the terms and conditions to enable
persons to perfect their titles to public lands in the Islands.
- Public land – all lands of the public domain whose title still remained in the government
and are thrown open to private appropriation and settlement, and excluded the
patrimonial property of the government and the friar lands.

NOTE:

Act No. 926 was superseded in 1919 by Act No. 2874, the second Public Land Act (passed under the
Jones Law)— more comprehensive in scope but limited the exploitation of agricultural lands to Filipinos
and Americans and citizens of other countries which gave Filipinos the same privileges.

After the passage of the 1935 Constitution, Act No. 2874 was amended in 1936 by CA No. 141, the
present Public Land Act, which is essentially the same as Act No. 2874.

o The main difference between the two (2) relates to the transitory provisions on the
rights of American citizens and corporations during the Commonwealth period at par
with Filipino citizens and corporations.

CA No. 141, the present Public Land Act approved November 7, 1936, applies to lands of the public
domain which have been declared open to disposition or concession and officially delimited and
classified.

o It contains provisions on the different modes of government grant, e .g., homestead,

sale, free patent (administrative legalization), and reservations for public and semi-
public purpose.
 Under Section 103 of PD No. 1529 or the Property Registration Decree, it is
provided that whenever public land is alienated, granted, or conveyed to any
person by the government, the same shall be brought forthwith under the
operation of the Decree
  A certificate of title issued pursuant to a public land patent ha the same validity
and efficacy as a certificate of title issued through ordinary registration
proceedings.
o Section 48(b) and (c) of the PLA declares who may apply for judicial confirmation of
imperfect or incomplete titles:
 Those who by themselves or through their predecessors in interest have been
open, continuous, exclusive, and notorious possession and occupation of
alienable and disposable lands of the public domain, under a bona fide claim of
acquisition or ownership, since June 12, 1945, except when prevented by war or
force majeure.
 Members of the national cultural minorities who by themselves or through their
predecessors-in-interest have been open, continuous, exclusive, and notorious
possession and occupation of alienable and disposable lands of the public
domain, under a bona fide claim of acquisition or ownership, since June 12,
1945.
o Section 51 of the Act provides that applications for judicial confirmation of imperfect or
incomplete titles shall be subject to the same procedure as that established under the
Property Registration Decree, except that notice of all such applications, together with
the plan of the land claimed, shall be immediately forwarded to the Director of Lands,
who may appear as a party in such cases.

b. The Land Registration Act (Act No. 496)

o The original Land Registration Act was approved on November 6, 190, but it
became effective on January 1, 1903.
o Established the Torrens system of registration in the country
o Created a court called the “Court of Land Registration” which had exclusive
jurisdiction over all applications for registrations, with power to hear and
determine all questions arising upon such applications
o The sole purpose was to bring land titles in the PH under one
comprehensive and harmonious system, the cardinal features of which are
indefeasibility of title and the intervention of the State as a prerequisite to
the creation and transfer of titles and interests, with the resultant increase
in the use of land as a business asset by reason of the greater certainty and
security of title
o After land has been finally registered, the court of land registration ceased
to have jurisdiction. The only authority remaining in the court was that
conferred to by Section 112 of Act No. 496.
o The final decrees are regarded as indefeasible and could not be reopened
except that any person deprived of land or of any estate or interest therein
through fraud may file in the court of first instance (now RTC) a petition for
 review within one (1) year after entry of the decree, provided that the land
has not been transferred to an innocent purchaser for value.
o Provided for an Assurance Fund to pay for the loss or damage sustained by
any person who, without negligence on his part, is wrongfully deprived of
any land or interest therein on account of the bringing of the same under
the Torrens system of registration

c. The Cadastral Act (Act No. 2259)

o The Cadastral system of registration took effect with the enactment on
February 11, 1913 of Act No. 2259.
o The public interest requires that title to any lands be settled and adjudicated
o Notice of the filing of the petition is published twice in successive issues of
the Official Gazette
o Its provisions have been substantially incorporated in the Property
Registration Decree, particularly in Sections 35 to 38 thereof (under the
title: Cadastral Registration Proceedings), and Section 53 of the Public Land
Act also refers to cadastral proceedings (and is deemed integrated in the
PRD).
d. The Property Registration Decree (PD No. 1529)
o On June 11, 1978, PD No. 1529 was approved
o The Decree was issued to update the LRA and to codify the various laws
relative to registration of property and to facilitate effective implementation
of said laws
o It supersedes all laws relative to registration of property
o Section 48(b) of CA No. 41 and Section 14(1) of PD No. 1529 are virtually
the same, with the latter law specifically operationalizing the registration of
lands of the public domain and codifying the various laws relative to the
registration of property
o Jurisdiction over the res is acquired by giving the public notice of initial
hearing by means of:
1. Publication,
2. Mailing, and
3. Notice
o The Decree created the Land Registration Authority, as the central
repository of records relative to original registration, including
subdivision and consolidation plans of titled lands
o Section 14, pars. (1) to (4) of PD No. 1529, enumerates the persons who
may apply for registration, and the conditions necessary for registration:
 Those who by themselves or through their
predecessors in interest have been open, continuous,
exclusive, and notorious possession and occupation of
 alienable and disposable lands of the public domain,
under a bona fide claim of acquisition or ownership, since
June 12, 1945 or earlier.
 Those who have acquired ownership of private lands by
prescription under the provisions of existing laws
 Those who have acquired ownership of private lands or
abandoned river beds by right of accession or accretion
under the existing laws.
 Those who have acquired ownership of land in any other
manner provided for by law
o The application for registration shall be filed with the RTC of the province
or city where the land is situated.
o The court shall issue an order setting the date and hour of initial hearing,
and the public shall be given notice thereof by means of publication,
mailing, and posting.
o The land becomes a registered land only upon the transcription of the
decree in the original registration book by the register of deeds.
o The Decree likewise contains a provision governing petitions and actions
after original registration.

12. REGISTRATION UNDER THE TORRENS SYSTEM IS A PROCEEDING IN REM

a. A proceeding is in rem when the object of the action is to bar indifferently all who
might be minded to make an objection of any sort against the right sought to be
established, and if anyone in the world has a right to be heard on the strength of
alleging facts which, if true, show an inconsistent interest.
b. A proceeding is in personam if the technical object of the suit is to establish a claim
against some particular person, with a judgment which generally (in theory at least)
binds his body or to bar some individual claim or objection, so that only certain
persons are entitled to be heard in defense
c. The main principle of registration is to make registered titles indefeasible
13. REGIONAL TRIAL COURTS HAVE PLENARY JURISDICTION OVER LAND REGISTRATION CASES
a. Section 2 of PD No. 1529 – the jurisdiction of RTCs over matters involving the
registration of lands and lands registered under the Torrens System

- RTCs shall have exclusive jurisdiction over all

applications for original registration of titles to lands,
including improvements and interest therein and over
all petitions filed after original registration of title, with
power to hear and determine all questions arising upon
such applications or petitions.
 b. Section 108 – jurisdiction over petitions for amendments of certificates of title
14. EXCEPTION; DELEGATED JURISDICTION OF FIRST LEVEL COURTS
Section 34 of BP Blg. 129, known as the Judiciary Reorganization Act of 1980, as amended by
RA No. 7691, approved on March 25, 1994, grants to first level courts— Metropolitan Trial
Court (MeTCs), Municipal Trial Court in Cities (MTCC), Municipal Trial Court (MTC) or
Municipal Circuit Trial Court (MCTC)— delegated jurisdiction to hear and determine
cadastral or land registration cases in the ff. instances:
Where the lot sought to be registered is not the subject of controversy
or opposition; or
Where the lot is contested but the value thereof does not exceed
P100,000.00, value to be ascertained by the affidavit of the claimant or
by the agreement of the respective claimants, if there be more than
one or from the corresponding tax declaration of the real property.
a. SC Administration Circular No. 6-93-A
o Cadastral or land registration cases filed before the effectivity of this
Administrative Circular but where hearing has not yet commenced shall be
transferred by the Executive Judge of the RTC having jurisdiction over the
cases to the Executive Judge of the appropriate Metropolitan Trial Court
(MeTCs), Municipal Trial Court in Cities (MTCC), Municipal Trial Court (MTC)
or Municipal Circuit Trial Court (MCTC) for the required raffle among the
branches of the Court under his administrative supervision; and

o Cadastral or land registration cases pending in the RTCs where trial had
already been commenced as of the date of the effectivity of the
Administrative Circular shall remain with said courts. However, by
agreement of the parties, these cases may be transferred to the appropriate
Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial
Court or Municipal Circuit Trial Courts.

b. Section 2 of PD No. 1529 has eliminated the distinction between the court’s general
and limited jurisdiction
o Aimed at avoiding multiplicity of suits, the change has simplified registration
proceedings by conferring upon RTCs the authority to act not only on
applications for original registration but also over all petitions filed after
original registration of title, with power to hear and determine all questions
arising upon such applications or petitions
o The court is now authorized to hear and decide not only non-controversial
cases but even the contentious and substantial issues which before were
beyond its competence
15. REGISTRATION COURT IS NOT DIVESTED OF ITS JURISDICTION BY ADMINISTRATIVE ACT FOR
THE ISSUANCE OF PATENT
 a. The Director of Lands’ jurisdiction, administrative supervision and executive control
extend only to lands of the public domain and not to lands already of private
ownership.
o Accordingly, a homestead patent issued over land not of the public domain
is a nullity, devoid of force and effect against the owner
b. Proceedings for land registration are in rem, whereas proceedings for acquisition of
homestead patent are not.
c. A homestead patent does not finally dispose of the public or private character of the
land as far as courts acting upon proceedings in rem are concerned

16. JURISDICTION IN CIVIL CASES INVOLVING TITLE TO, OR POSSESSION OF, PROPERTY
a. Pursuant to Section 19(2) of BP Blg. 129, as amended, regional trial courts shall
exercise exclusive original jurisdiction in all civil actions which involve the title to, or
possession of, real property, or any interest therein, where the assessed value of the
property exceeds P20,000.00, or for civil actions in Metropolitan Manila, where such
value exceeds P50,000.0, except actions for forcible entry into and unlawful
detainer of lands or buildings, original jurisdiction over which is conferred upon the
metropolitan trial courts, municipal trial courts, and municipal circuit trial courts.

b. What determines jurisdiction are the allegations in the complaint and the reliefs
prayed for.
c. An action for quieting of title may be instituted in the RTC, regardless of the
assessed value of the real property in dispute

o Since the action is one for declaratory relief which property falls within the
jurisdiction of said court pursuant to Rule 63 of the Rules of Court.

17. VENUE
a. Actions affecting title to or possession of real property, or an interest therein (real
actions), shall be commenced and tried in the proper court which has territorial
jurisdiction over the area where the real property involved, or a portion thereof, is
situated.
b. All other actions (personal actions) shall be commenced and tried in the proper
court where the plaintiff or any of the principal plaintiffs resides, or where the
defendant or any of the principal defendants resides, or in the case of a non-
resident defendant where he may be found, at the election of the plaintiff.

Section 3. Status of other pre-existing land registration system. The system of registration under the
Spanish Mortgage Law is hereby discontinued and all lands recorded under said system which are not
yet covered by Torrens title shall be considered as unregistered lands.
 Hereafter, all instruments affecting lands originally registered under the Spanish Mortgage
Law may be recorded under Section 113 of this Decree, until the land shall have been brought under
the operation of the Torrens system.

The books of registration for unregistered lands provided under Section 194 of the Revised
Administrative Code, as amended by Act No. 3344, shall continue to remain in force; provided, that all
instruments dealing with unregistered lands shall henceforth be registered under Section 113 of this
Decree.

1. REGISTRATION UNDER THE SPANISH MORTGAGE LAW DISCONTINUED

2. SPANISH TITLES NO LONGER USED AS EVIDENCE OF LAND OWNERSHIP
a. The Titulo de Propriedad No. 4136 and the “fantastic” claim of the Mariano San Pedro
heirs
3. REGISTRATION OF INSTRUMENTS AFFECTING TITLED LANDS UNDER ACT NO. 3344 INEFFECTIVE
AGAINST THIRD PERSONS