1. What are the functions of the Land Registration Authority?

ANSWER:

SEC. 6. General Functions. —

(1) The Commissioner of Land Registration shall have the following functions:

(a) Issue decrees of registration pursuant to final judgments of the courts in land registration
proceedings and cause the issuance by the Registers of Deeds of the corresponding
certificates of title;

(b) Exercise supervision and control over all Registers of Deeds and other personnel of the
Commission;

(c) Resolve cases elevated en consulta by, or on appeal from decision of, Registers of
Deeds;

(d) Exercise executive supervision over all clerks of court and personnel of the Courts of First
Instance throughout the Philippines with respect to the discharge of their duties and
functions in relation to the registration of lands;

(e) Implement all orders, decisions, and decrees promulgated relative to the registration of
lands and issue, subject to the approval of the Secretary of Justice, all needful rules and
regulations therefor;

(f) Verify and approve subdivision, consolidation, and consolidation-subdivision survey plans
of properties titled under Act No. 496 except those covered by P.D. No. 957.

(2) The Land Registration Authority (Land Registration Commission) shall have the following
functions:

(a) Extend speedy and effective assistance to the Department of Agrarian Reform, the Land
Bank, and other agencies in the implementation of the land reform program of the
government;

(b) Extend assistance to courts in ordinary and cadastral land registration proceedings; and

(c) Be the central repository of records relative to original registration of lands titled under the
Torrens system, including subdivision and consolidation plans of titled lands.

Can the LRA represent the government in Land Registration?

ANSWER:
The LRA has no authority to represent the government in registration proceedings.
 Under the Administrative Code of 1987, the Solicitor General, as counsel for the government,
shall represent the government “in all land registration and related proceedings.”10 PD No. 1529,
specifically Section 6 thereof which enumerates the functions of the LRA, is bereft of any grant of
power to the LRA or to the Administrator to make the same representation as the Solicitor General
on behalf of the government in land registration proceedings.

2. What are the functions of the Register of Deeds?

ANSWER:
SEC. 10. General functions of Registers of Deeds. — The office of the Register of Deeds
constitutes a public repository of records of instruments affecting registered or unregistered lands
and chattel mortgages in the province or city wherein such office is situated.

It shall be the duty of the Register of Deeds to immediately register an instrument presented
for registration dealing with real or personal property which complies with all the requisites for
registration. He shall see to it that said instrument bears the proper documentary and science
stamps and that the same are properly cancelled. If the instrument is not registrable, he shall
forthwith deny registration thereof and inform the presentor of such denial in writing, stating the
ground or reason therefor, and advising him of his right to appeal by consulta in accordance with
Section 117 of this Decree.

Are all legal instruments dealing with conveyance or affecting registered lands, required to
be registered with the RDs?

ANSWER:
No. Registration is not essential for validity of sale

As between the parties to a contract of sale, registration is not necessary to make it valid and
effective, for actual notice is equivalent to registration. Section 51 of the Property Registration
Decree provides that, even without the act of registration, a deed purporting to convey or affect
registered land shall operate as a contract between the parties. The registration is intended to
protect the buyer against claims of third persons arising from subsequent alienations by the vendor,
and is certainly not necessary to give effect to the deed of sale, as between the parties to the
contract.

The act of registration is the operative act to convey or affect the land insofar as third
persons are concerned. Registration is a mere ministerial act by which a deed, contract or
instrument is inscribed in the records of the office of the Register of Deeds and annotated at the
back of the certificate of the title covering the land subject of the deed, contract or instrument.

What is the effect of non registration of deeds to interested parties?

ANSWER:
The effect of non-registration of deeds will not bind against the whole world except between
the contracting parties (seller and buyer). As has been ruled, a party as an owner seeking the
inscription of realty in the land registration court must prove by satisfactory and conclusive evidence
not only his ownership thereof but the identity of the same, for he is in the same situation as one who
institutes an action for recovery of realty.

3. Can the RDs be compelled by Mandamus to accept registration of properties, Why?

ANSWER:
No.

The issuance of a decree of registration not compellable by because the issuance of a

decree is part of the judicial function of courts and not a mere ministered act.

The duty of land registration officials to render reports is not limited to the period before the
court’s decision becomes final, but may extend even after its finality but not beyond the lapse of one
(1) year from the entry of the decree.

4. Distinguish Ministerial functions and discretionary functions.

ANSWER:
It is ministerial only in the sense that they act under the orders of the court and the decree
must be in conformity with the decision of the court and with the data found in the record, as to which
they have no discretion on the matter. However, if they are in doubt upon any point in relation to the
preparation and issuance of the decree, it is their duty to refer the matter to the court. They act, in
this respect, as officials of the court and not as administrative officials, and their act is the act of the
court.

While discretionary functions refer to the capacity to decide based on their given authority.

5. What are the instances wherein the RDs are allowed to refuse registration?

ANSWER:

There are instances when he may be justified in denying registration, to wit:

1. When there are several copies of the title (co-owner’s duplicate) but only one is
presented with the instrument to be registered.

Where there are several copies of the same title in existence, it is easy to see how
their integrity may be adversely affected if an encumbrance, or an outright conveyance, is
annotated on one copy and not on the others. The law itself refers to every copy authorized
to be issued as a duplicate of the original, which means that both must contain identical
entries of the transactions, particularly voluntary ones, affecting the land covered by the title.
If this were not so, if different copies were permitted to carry differing annotations, the whole
system of Torrens registration would cease to be reliable.

2. When the property is presumed to be conjugal but the instrument of conveyance

bears the signature of only one spouse.
 In a donation, for instance, where the deed is signed by only one of the spouses,
such deed bears on its face an infirmity which justifies the denial of its registration, namely,
the fact that the donor is donating more than his one-half share in the property.

3. When there is a pending case in court where the character of the land and validity of
the conveyance are in issue.

In such a case, the matter of registration may well await the outcome of that case,
and in the meantime the rights of the interested parties could be protected by filing the
proper notices of lis pendens.

6. Supposing A, has a valid and existing title and A wants to transfer the ownership to B.
How will you advise A?

ANSWER:
As a lawyer, I will advise to prepare a deed of absolute sale or deed of donation with notarial
stamp in order to consider as public document. Then, register the same with Registry of Deeds in
order to bind or enforce that the property was under the name of B against the whole world. Since,
the registration is intended to protect B against claims of third persons arising from subsequent
alienations by A, and is certainly not necessary to give effect to the deed of sale or deed of donation,
as between the parties to the contract.

7. Who may apply for registration of land in the Philippines under the law?

ANSWER:
SEC. 14. Who may apply. — The following persons may file in the proper Court of First
Instance an application for registration of title to land, whether personally or through their duly
authorized representatives:

(1) Those who by themselves or through their predecessorsin-interest have been in open,
continuous, exclusive and notorious possession and occupation of alienable and disposable
lands of the public domain under a bona fide claim of ownership since June 12, 1945, or
earlier.

(2) Those who have acquired ownership of private lands by prescription under the provisions
of existing laws.

(3) Those who have acquired ownership of private lands or abandoned river beds by right of
accession or accretion under the existing laws.

(4) Those who have acquired ownership of land in any other manner provided for by law.

Where the land is owned in common, all the co-owners shall file the application jointly.

Where the land has been sold under pacto de retro, the vendor a retro may file an
application for the original registration of the land, provided, however, that should the period for
redemption expire during the pendency of the registration proceedings and ownership to the
property consolidated in the vendee a retro, the latter shall be substituted for the applicant and may
continue the proceedings.

A trustee on behalf of his principal may apply for original registration of any land held in trust
by him, unless prohibited by the instrument creating the trust.

8. Can the following apply registration of public land in the Philippines? a) Alien b) Foreign
corporation c) person who re-acquired Filipino Citizen d) Former Filipino citizen d) dual
citizen e) Person with Filipino mother and alien father f) domestic corporation

ANSWER:

a) Alien – The general rule is No, however, they can hold public land through hereditary
succession under Section 7 of Article XII of the 1987 Constitution.

b) Foreign corporation – No under Section 7 of Article XII of the 1987 Constitution.

c) Person who re-acquired Filipino Citizen – Under RA 9225 (Citizenship Retention and Re-
acquisition Act of 2003), a natural-born citizen who has lost his Philippine citizenship by
reason of his naturalization as a citizen of a foreign country is deemed to have re-acquired
Philippine citizenship upon taking his oath of allegiance to the Republic and shall enjoy full
civil and political rights under existing laws.

The capacity to own land is determined at the time of its acquisition and not registration.

d) Former Filipino citizen – No.

d) Dual citizen – Yes.

e) Person with Filipino Mother and Alien Father – Yes. under Article IV was considered as
Citizen of the Philippines which provides that “Those who are citizens of the Philippines at
the time of the adoption of this Constitution”

However, those born before January 17, 1973, of Filipino mothers, who elect Philippine
citizenship upon reaching the age of majority – Yes upon election of Philippine citizenship.

f) Domestic corporation - Yes, provided that the Filipino corporations and associations have
a 60% of whose capital are owned by Filipinos under Section 2 of Article XII of the 1987
Constitution.

The provisions of the 1987 Constitution which prohibits non-Filipino citizens from owning real
properties in the Philippines, thus, in point are Sections 7 and 8, Article XII of the Philippine
Constitution, to wit:

“Sec.7. Save in cases of hereditary succession, no private lands shall be transferred or

conveyed except to individuals, corporations, or associations qualified to acquire or hold
lands of the public domain.
 Sec.8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of the
Philippines who lost his Philippine citizenship may be a transferee of private lands, subject to
limitations provided by law.”

Gleaning from the foregoing provisions, if the said non-Filipino has been instituted in a will as
an heir to a real property; he is capacitated to acquire the said real property on the basis of the will.
The provision of the Constitution is clear that even non-Filipino citizens can own real properties in
the Philippines by virtue of hereditary succession.

Subject to the limitation as provided in the legal definition of the term COMPULSORY HEIRS
are found in Section 5 of Republic Act 386 The Civil Code of the Philippines that deals with the
specific case where decedent has left a will:

ARTICLE 886. Legitime is that part of the testator’s property which he cannot dispose of
because the law has reserved it for certain heirs who are, therefore, called compulsory heirs.
(806)

ARTICLE 887. The following are compulsory heirs:

(1) Legitimate children and descendants, with respect to their legitimate parents and
ascendants;

(2) In default of the foregoing, legitimate parents and ascendants, with respect to their
legitimate children and descendants;

(3) The widow or widower;

(4) Acknowledged natural children, and natural children by legal fiction;

(5) Other illegitimate children referred to in article 287.

Compulsory heirs mentioned in Nos. 3, 4 and 5 are not excluded by those in Nos. 1 and 2;
neither do they exclude one another.

Therefore, the foreign spouse of a Filipino citizen is qualified to be an heir of real property
along with any other compulsory heirs that may exist.

9. Supposing A, B, C co-own a property, can they apply individual copy of title from the
RD? supposing C wants to sell already his share of the property, how will you advise C?

ANSWER:

Co-owners shall file application jointly, since a co-owner cannot be considered a true owner
of a specific portion until division or partition is effected, he cannot file an application for registration
of the whole area without joining the co-owners as applicants. Then, each co-owners can ask for an
individual copy or owners duplicate of the title from the RD.
 Supposedly C wants to sell already his share of the property, I will advise him that under
Article 493 of the Civil Code, he shall have the full ownership of his part and of the fruits and benefits
pertaining thereto, and he may therefore alienate, assign or mortgage it, and even substitute another
person in its enjoyment, except when personal rights are involved. But the effect of the alienation or
the mortgage, with respect to the co-owners, shall be limited to the portion which may be allotted to
him in the division upon the termination of the co-ownership.

10. Can an agricultural land be subject to prescription? Supposing A, has been occupying an
agricultural land for more than 30 years, is the land already registrable?

ANSWER:
No, it must be classified as Alienable and Disposable (A &D). Then the Agricultural land can
be register.

An agricultural land can be subjected to prescription if it has been declared as an alienable

or disposable property and that it was considered by the state as a patrimonial property. Property of
the State or any of its subdivisions not patrimonial in character shall not be the object of prescription.

No. The requisites for the filing of an application for registration of title under Section 14(1) of
the Property Registration Decree are:

(a) that the property in question is alienable and disposable land of the public domain;

(b) that the applicants, by themselves or through their predecessors-in-interest, have been in
open, continuous, exclusive and notorious possession and occupation; and

(c) that such possession is under a bona fide claim of ownership since June 12, 1945 or
earlier.

11. What do you mean by Alienable and disposable (A&D) lands? Are all Agricultural lands
all A&D Lands? Are all A&D land Agricultural Lands?

ANSWER:
Alienable and disposable lands refer to those lands of the public domain which have been
the subject of the present system of classification and declared as not needed for forest, mineral
purposes or national parks.

No, not all agricultural lands are alienable and disposable. Only that those declared as
alienable and disposable.

Yes, Alienable lands of the public domain shall be limited to agricultural lands.