Land Titles and Deeds Reviewer

LAND, TITLES, AND DEEDS REVIEWER Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law Professor – 2C (2017-2018)
LAND, TITLES, AND DEEDS

Justice Oswaldo D. Agcaoili Judicial proceedings for the registration of lands shall
Philippine Judicial Academy, Supreme Court be in rem and based on generally accepted principles
underlying the Torrens system.
REGALIAN DOCTRINE
Jurisdiction in rem is acquired by the constructive
All lands of whatever classification and other natural seizure of the land through publication, service of
resources not otherwise appearing to be clearly within notice and posting.
private ownership are presumed to belong to the
State. The purpose of registration is to quiet title to land; to
put a stop forever to any question of the legality of the
To overcome the presumption of State ownership, the title, except claims which were noted in the certificate
applicant must establish through incontrovertible at the time of registration, or which may arise
evidence that the land sought to be registered is subsequent thereto; to decree land titles that shall be
alienable or disposable based on a positive act of the final, irrevocable, and indisputable; and to relieve the
government. (Republic v. Bantigue, GR No. 162322, land of the burden of known as well as unknown
March 14, 2012; See also: Agcaoili, Property claims. (Legarda v. Saleeby, 31 Phil. 590; Ching v.
Registration Decree and Related Laws, 2011 ed.) CA, GR No. 59731, Jan. 11, 1990)
The doctrine is reflected Art. XII, Sec. 2 of the But the Torrens system does not furnish a shield for
Constitution: fraud, nor permit one to enrich himself at the expense
Sec. 2. All lands of the public domain, waters, of others. (Rodriguez v. Lim, 459 SCRA 412;
minerals, coal, petroleum, and other mineral Manlapat v. Court of Appeals, GR No. 125585, June
oils, all forces of potential energy, fisheries, 8, 2005)
forests or timber, wildlife, flora and fauna, and
other natural resources are owned by the State. While registration operates as a notice of the
With the exception of agricultural lands, all other instrument to others, it does not add to its validity nor
natural resources shall not be alienated. conveys an invalid instrument into a valid one as
between the parties. (Pascua v. Court of Appeals, 401
But in Cariño v. Insular Government, 41 Phil. 935 Phil. 350)
(1909), cited in Cruz v. DENR Sec., 347 SCRA 128,
the US Supreme Court granted an Igorot's application Neither does registration amount to a declaration that
for registration of a piece of land in Benguet based on the instrument recognizes a valid and subsisting
the latter's possession of the land from time interest in the land. (Agricultural Credit v. Yusay, 107
immemorial, ratiocinating thus: Phil. 791)
―when, as far back as testimony or memory
goes, the land has been held by individuals JURISDICTION
under a claim of private ownership, it will be
presumed to have been held in the same way Regional trial courts have exclusive jurisdiction over
from before the Spanish conquest, and never to land registration cases and all petitions after original
have been public land.‖ registration. (Sec. 2, PD No. 1529)
NATURE OF REGISTRATION PROCEEDINGS However, first level courts may be assigned by the SC
to hear and determine cadastral or land registration
Registration is not a mode of acquiring ownership but cases:
is merely a procedure to establish evidence of title (a) Where there is no opposition, or
over realty, a system of registration of titles to lands. (b) Over contested lots, the value of which does not
The Torrens certificate of title is merely an evidence exceed P100,000. (Republic v. Bantigue, supra)
of ownership or title in property. (Casimiro
Development Corporation v. Mateo, GR No. 175485, Appeal is taken to the Court of Appeals.
July 27, 2011)
Land, Titles and Deeds Reviewer Page 1 of 62

The value of the property is ascertained in three

ways: Functions of the LRA Administrator:
First, by the affidavit of the claimant; 1. Issues decrees of registration
Second, by agreement of the respective claimants, if 2. Resolves cases elevated en consulta
there are more than one; or, 3. Exercises supervision and control over all
Third, from the corresponding tax declaration of the clerks of court in relation to land registration
real property. (Sec. 34, BP 129) 4. Implements orders or decisions of
registration courts
Sec. 2, PD 1529 has eliminated the distinction 5. Verifies and approves subdivision and
between the court‘s general jurisdiction and limited consolidation survey plans
jurisdiction.
Functions of the LRA:
Thus, a regional trial court has the authority to hear 1. Extends assistance to the DAR in the
not only applications for original registration but also implementation of the land reform program;
on all petitions filed after original registration of title. 2. Extends assistance to registration courts in
The amendment aims to avoid multiplicity of suits and ordinary and cadastral registration cases;
simplify registration proceedings. and
3. Acts as central repository of records relative
The court can now hear and decide not only non- to original registration, including subdivision
controversial cases but even contentious issues and consolidation plans of titled lands.
which before were beyond its competence.
LRA: issuance of decree ministerial
Initially, the land registration court has jurisdiction
over the land applied for at the time of the filing of the It is ministerial only in the sense that they act under
application. the orders of the court and the decree must be in
conformity with the decision of the court. (Gomez v.
At the trial, the court, in the exercise of its jurisdiction, Court of Appeals, 168 SCRA 503)
determines whether the land applied for is
registerable, and the title thereto, confirmed. But the duty ceases to be ministerial where the
issuance of decree would result in double titling of
If the land turns out to be inalienable public land, then lands. (Angeles v. Sec. of Justice, GR No. 142549,
it has no jurisdiction to order its registration and the March 9, 2010)
court must perforce dismiss the application. (Yujuico
v. Republic, 537 SCRA 513; City of Dumaguete v. Distinction between “Title” and “Certificate of
Phil. Ports Authority, GR No. 168973, Aug. 24, 2011). Title”
A registration court which has validly acquired Title may be defined as that which constitutes a just
jurisdiction over land subject of registration cannot be cause of exclusive possession, or which is the
divested of said jurisdiction by a subsequent foundation of ownership of property.
administrative act consisting in the issuance by the
Director of Lands of a homestead patent covering the Certificate of title, on the other hand, is a mere
same parcel of land. evidence of ownership; it is not the title to the land
itself. (Castillo v. Escutin, GR No. 171056, March 13,
Reason: proceedings for land registration are in rem, 2009, 581 SCRA 258)
whereas proceedings for acquisition of homestead
patents are not; thus, a homestead patent is not All claims to a parcel of land are quieted upon
conclusive as far as courts acting on proceedings in issuance of the certificate. (Decaleng v. Phil.
rem are concerned. (De los Angeles v. Santos, 12 Episcopal Church, GR No. 171209, June 27, 2012)
SCRA 622)
The law does not require a person dealing with the
LAND REGISTRATION AUTHORITY (LRA) owner of registered land to go beyond the certificate

of title as he may rely on the notices of the city where the land to which it relates lies, be
encumbrances on the property annotated on the title. constructive notice to all persons from the time of
such registering, filing, or entering.
Registration affords legal protection such that the
claim of an innocent purchaser for value is recognized Registration in the public registry is notice to the
as valid despite a defect in the title of the vendor. whole world. (Guaranteed Homes v. Valdez (577
(PCSO v. New Dagupan Metro Gas Corp., GR No. SCRA 441)
173171, July 11, 2012)
Thus, between two buyers of the same land, priority is
Ownership is different from a certificate of title. The given to:
certificate serves as proof of ownership. 1. The first registrant in good faith;
2. Then, the first possessor in good faith; and
But mere issuance of a certificate of title does not 3. Finally, the buyer who in good faith presents
foreclose the possibility that the property may be the oldest title. (Art. 1544, CC)
under co-ownership with persons not named in the
certificate, or that the registrant may only be a trustee, This rule, however, does not apply if the property is
or that other parties may have acquired interest over not registered under the Torrens system. (Abrigov. De
the property subsequent to the issuance of the Vera, 432 SCRA 544)
certificate of title. (Lacbayan v. Samoy, GR No.
165427, March 21, 2011) Property registered under the Torrens system
remains, for all legal purposes, the property of the
OFFICE OF THE REGISTER OF DEEDS person in whose name it is registered,
notwithstanding the execution of any deed of
There shall be at least one Register of Deeds for each conveyance, unless the corresponding deed is
province and city. registered.
Registration of instruments affecting registered land If a sale is not registered, it is binding only between
must be done in the proper registry to affect the land the seller and the buyer, but it does not affect
and bind third persons. (Aznar Brothers v. Aying, 458 innocent third persons. (Bulaong v. Gonzales, GR No.
SCRA 496). 156318, Sept. 5, 2011)
A property registered under the Torrens system is, for The order of entries in the Primary Entry Book of the
all legal purposes, unencumbered or remains to be RD determines the priority in registration. (Bulaong v.
the property of the person in whose name it is Gonzales, GR No. 156318, Sept. 5, 2011)
registered, notwithstanding the execution of any
conveyance, mortgage, lease, lien, order or judgment Under the Torrens system of registration, all
unless the corresponding deed is registered. encumbrances on the land shall be shown, or at least
intimated upon the certificate of title and a person
Registration of instruments affecting registered land dealing with the owner of the registered land is not
must be done in the proper registry in order to affect bound to go behind the certificate and inquire into
and bind the land (Aznar Brothers v. Aying, 458 transactions, the existence of which is not there
SCRA 496) and is notice to the whole world. intimated.
(Guaranteed Homes, Inc. v. Valdez, 577 SCRA 441)
The act of registration shall be the operative act to
Constructive Notice convey or affect the land insofar as third persons are
concerned, and in all cases, the registration shall be
SEC. 52. Constructive notice upon registration. — made in the office of the Register of Deeds for the
Every conveyance, mortgage, lease, lien, attachment, province or city where the land lies. (Sec. 51, PD
order, judgment, instrument or entry affecting 1529; Bulaong v. Gonzalez, supra.)
registered land shall, if registered, filed or entered in
the Office of the Register of Deeds for the province or Duty of Register of Deeds to Register: Ministerial

Where there is no showing as to when the property

Whether the document is valid or not is not for the RD was acquired, the fact that the title is in the name of
to decide but for the courtto determine. (Gurbax Singh ―Antonia Dela Peña, married to Antegono Dela
v. Reyes, 92 Phil. 182; Almirol v. Register of Deeds of Peña‖is determinative of its nature as paraphernal,
Agusan, 22 SCRA 1152) i.e., belonging exclusively to the wife. (Dela Peña v.
Avila, GR No. 187490, Feb. 8, 2012)
Registration must first be allowed and the validity or
effect thereof litigated afterwards. Under the Family Code (Aug. 3, 1988), the sale of a
If the RD is in doubt as to the action taken, or where conjugal property requires the consent of both the
the interested party does not agree with the action husband and the wife. The absence of the consent of
taken by him, the RD shall certify the question to the one renders the sale null and void, while the vitiation
LRA via consulta for resolution. (Sec. 117, PD 1529) (e.g., mistake, violence, intimidation, undue influence
or fraud, Art. 1390, CC) thereof makes it merely
Instances where Register of Deeds may hold voidable.
registration
Only in the latter case can ratification cure the defect.
1. Where there are several copies of the title (as in Doctrinally and clearly, a void contract cannot be
co-ownership) but only one is presented. ratified. (Guiang v. CA, GR No. 125172, June 26,
 Every copy of the duplicate original must 1998)
contain identical entries of the transactions,
particularly voluntary ones, otherwise the 4. Where there is a pending case involving the
whole Torrens system would cease to be character of the land or validity of the conveyance
reliable.  In such case, registration may well await the
 The integrity of the Torrens system may be outcome of the case; meantime the rights of
adversely affected if an encumbrance, or the interested parties could be protected by
outright conveyance, is annotated on only the filing of a notice of lis pendens. (Balbin v.
one copy and not on the others. Register of Deeds, 28 SCRA 12)
2. Where the property is presumed conjugal but the

document bears the signature of only one spouse.
 Under Article 166 of the CC, the alienation of 5. Where required certificates or documents are not
conjugal property by the husband without the submitted, such as –
wife‘s consent is voidable. The wife may ask  DAR clearance, copy of latest tax
for annulment of the contract within 10 years. declaration, certificate of payment of
 But where the title is solely in the name of documentary stamp tax and capital gains
the husband, and there is no showing that tax, BIR certificate authorizing registration
the land was acquired during the marriage, (CAR), tax clearance certificate of real estate
the presumption of conjugality does not taxes, certificate of payment of transfer tax,
obtain. (Assoc. Insurance v. Banzon, 26 secretary‘s certificate and articles of
SCRA 268) incorporation (in case of a corporation),
HLURB registration papers and license to
Under Art. 160 of the CC, all property of the marriage sell (in case of a subdivision project), TIN,
is presumed to belong to the conjugal partnership, etc.
unless it be proved that it pertains exclusively to the
husband or to the wife. While it is not necessary to PRIMARY CLASSIFICATION OF LANDS OF
prove that the property was acquired with funds of the PUBLIC DOMAIN
partnership, proof of acquisition during the marriage is
an essential condition for the operation of the The 1987 Constitution classifies lands of the public
presumption in favor of the conjugal partnership. domain into:
1. Agricultural lands,
2. Forest or timberlands,

3. Mineral lands, and it for private ownership. (DENR Sec. v. Yap, GR No.
4. National parks. 167707, Oct. 8, 2008)
Alienable lands of the public domain shall be limited Secondary Classification of Agricultural Lands
to agricultural lands.
For purpose of administration and disposition, A and
Classification of lands under the 1935, 1973 and D lands may be further classified according to the use
1987Constitutions or purpose to which they may be devoted:
1. Agricultural;
The 1935 Constitution classified lands of the public 2. Residential, commercial, industrial, or for
domain into agricultural, forest or timber. similar purposes
3. Educational, charitable, or other similar
The 1973 Constitutionprovided the following divisions: purposes; and
agricultural, industrial or commercial, residential, 4. Reservations for townsites and for public and
resettlement, mineral, timber or forest and grazing quasi-public uses. (Sec. 9, CA No. 141).
lands, and such other classes as may be provided by
law, giving the government great leeway for “Public land” distinguished from “government
classification. land”
The 1987 Constitution reverted to the 1935 Public land is equivalent to public domain and
Constitution classification with one addition: national includes only such land as may be the subject of
parks. Of these, only agricultural lands may be disposition.
alienated. . . .(Republic v. AFP Retirement and
Separation Benefits System, GR No. 180463, Jan. 16, Government land and public land are not
2013) synonymous –the first includes not only the second
but also other lands already reserved or devoted to
Pursuant to Secs. 6 and 7 of the Public Land Act (CA public use or subject to a private right.
141, as amended), the President, upon
recommendation of the proper department head, has In sum, the government owns real estate which is part
the authority to classify lands of the public domain into of ―public lands‖ and other real estate which is not a
alienable or disposable, timber and mineral lands. part thereof. (Montano v. Insular Government, 12 Phil.
The classification of public lands is an exclusive 572)
prerogative of the executive department. In the
absence of classification, the land remains as NON-REGISTRABLE PROPERTIES
unclassified land until it is released for disposition.
(Republic v. Fabio, 575 SCRA 511) Lands for public use or public service
1. Those intended for public use, such as
The President through a proclamation or executive roads, canals, rivers, torrents, ports and
order can classify or reclassify lands of the public bridges, etc.;
domain. (Sec. of DENR v. Yap, 568 SCRA 164) The 2. Those which, without being for public use,
DENR Secretary is the only other official authorized to are intended for some public service or for
approve a land classification. the development of the national wealth. (Art.
420, CC)
This case illustrates the classification by Presidential
fiat of Boracay Island in Malay, Aklan. On May 22, These properties are outside the commerce of men
2006, during the pendency of the case, President and therefore not subject to private appropriation.
Arroyo issued Proclamation No. 1064 classifying (Martinez v. Court of Appeals, 56 SCRA 647)
Boracay Island into 400 hectares of reserved forest Property of public dominion, when no longer needed
land (protection purposes) and 628.96 hectares of for public use or for public service, form part of the
agricultural land, declaring it as alienable and opening patrimonial (or private) property of the State.

Property devoted for public service cannot be sold

until there is a formal declaration by the government The classification is descriptive of its legal nature or
withdrawing it from being such. (Laurel v. Garcia, 17 status and does not have to be descriptive of what the
SCRA 797) land actually looks like. (DENR Sec. v. Yap, GR No.
167707, Oct. 8, 2008)
Patrimonial property may be acquired by private Unless and until the land classified as forest is
persons through prescription. (Malabanan v. released as A and D, the rules on confirmation of title
Republic, 587 SCRA 172; Sec. 14(2), PD 1529) do not apply. (Amunategui v. Director of Forestry, 126
SCRA 69)
Property of public dominion, which generally includes
property belonging to the State, is beyond the Timber licenses, permits and license agreements are
commerce of man. (Art. 420, CC) the principal instruments by which the State regulates
the utilization of forest resources. (Alvarez v. PICOP
The Iloilo fishing port which was constructed by the Resources, Inc., 606 SCRA 444)
State for public use and/or public service falls within
the term "port" under Art. 420 of the CC. As such, it They merely evidence a privilege granted by the State
cannot be subject to execution or foreclosure sale. In to qualified entities and do not vest in the latter a
like manner, the reclaimed land on which the IFPC is permanent or irrevocable right.
built cannot be the object of a private or public sale
without Congressional authorization. (City of Pasig v. They are not deemed contracts within the purview of
Republic, GR No. 185023, Aug. 24, 2011) the due process clause. (Oposa v. Factoran, GR No.
101083, July 30, 1993)
Waters
Watersheds
Rivers and their natural beds, lakes, all categories of Watershed is an area drained by a river and enclosed
surface waters, atmospheric or subterranean ground by a boundary which separates it from adjacent
waters, and seawater all belong to the State. watersheds.It is not susceptible of occupancy,
disposition, or alienation. (Collado v. CA, GR No.
Waters found, or rain water falling, on private lands 107764, Oct. 4, 2002)
also belong to the State. (PD 1067, Water Code)
The protection of watershed ensures an adequate
PD 1067 (Water Code, 1976) repealed Arts. 502 to supply of water for future generations and the control
518 of the Civil Code on Waters. of flashfloods that not only damage property but also
cause loss of lives. (Tan v. Director of Forestry, 125
The following belong to the state: SCRA 302)
Rivers and their natural beds; continuous or
intermittent waters of springs and brooks; Mangrove swamps
natural lakes and lagoons, all categories of Mangrove swamps or manglares are forestaland not
surface waters; atmospheric water; alienable agricultural land.
subterranean or ground waters; and sea water.
BFAR has no jurisdiction to dispose of swamplands or
The following waters found on private lands belong to mangrove lands while such lands are still classified as
the State: forest lands.
Continuous or intermittent waters rising on such
lands; lakes and lagoons naturally occurring on such Mangrove swamps form part of the public forests and
lands; rain water falling on such lands; subterranean therefore not subject to disposition until they are first
or ground waters; and water in swamps and marshes. classified as alienable agricultural land. (Director of
Forestry v. Villareal, 170 SCRA 598)
Forests
Forest is a large tract of land covered with a natural Mineral Lands
growth of trees and underbrush.

Mineral land means any area where mineral

resources are found. But land invaded by the sea is a foreshore land and
forms part of the public domain. (Republic v. CA and
Mineral lands and resources are owned by the State Morato, 281 SCRA 639)
and their exploration, development and utilization is
subject to the full control and supervision of the State. ―The CCP is a ‗non-municipal public corporation‘
(Republic v. CA and Dela Rosa, 160 SCRA 228; La established for the primary purpose of propagating
Bugal-B’laan v. Ramos, 445 SCRA 1) arts and culture in the Philippines. It was created to
awaken the consciousness of the Filipino people to
Possession of mineral land, no matter how long, does their artistic and cultural heritage, and encourage
not confer possessory rights. (Atok Big Wedge v. CA, them to assist in its preservation, promotion,
193 SCRA 71) enhancement and development. The CCP Complex
was established as a worthy venue for Filipino artists
National Parks to express their art and for the people to appreciate
Land reserved for a national park cannot be art and the Filipino culture. But more than its peso
registered. and centavo significance, the Decision and Amended
Decision, unless reversed, will deal arts and culture a
Where a certificate of title covers a portion of land debilitating blow.‖ (Puno, J., concurring opinion in
within the area reserved for park purposes, the title Republic v. RREC)
should be annuled with respect to that portion.
(Palomo v. CA, 266 SCRA 392) Reclaimed Lands
Submerged areas form part of the public domain; only
For instance, any portion of the Tiwi Hot Spring when reclaimed from the sea can these submerged
National Park cannot be disposed of under the Public areas be classified as agricultural lands.
Land Act or Property Registration Decree.
Once reclaimed the government may then officially
Military or Naval Reservation classify these lands as A and D, and declare these
Land inside a military (or naval) reservation, like the lands no longer needed for public service. Only then
Fort Bonifacio Military Reservation, cannot be the can these lands be considered as A and D lands and
object of registration unless it had been withdrawn within the commerce of men. (Chavez v. PEA, 384
from the reservation, reclassified and declared as SCRA 152)
disposable public land. Its status as part of a military
reservation remains, even if incidentally it is devoted Absent two official acts –
for a purpose other than as a military camp or for (a) a classification that submerged areas are A and
defense. (Republic v. Southside, 502 SCRA 587) D, and
(b) a declaration that they are not needed for public
Moreover, the 1987 Constitution forbids private service -lands reclaimed from the sea are
corporations from acquiring any kind of alienable land inalienable.
of the public domain, except through lease for a
limited period. (Ibid) The Public Estates Authority (PEA), renamed as
Philippine Reclamation Authority (PRA), is the agency
Foreshore Lands authorized to undertake reclamation projects.
Foreshore lands are inalienable unless declared to be
A and D portions of the public domain. Lakes
Lakes are neither agricultural nor disposable lands of
A foreshore land is that ―strip of land that lies between the public domain; hence, free patents and certificates
the high and low water marks and that is alternately of title covering portions of the lake are a nullity.
wet and dry according to the flow of the tide, ―or "that
part of the land adjacent to the sea which is But areas beyond its natural bed, or the ground
alternately covered and left dry by the ordinary flow of covered by the waters at their highest ordinary depth
the tides.―(Republic v. RREC, 299 SCRA 199)

during the dry season, may be registered. (Republic

v. CA and De Rio, 131 SCRA 532) For the purpose, the State has adopted the policy of
multiple land use to the end that the country‘s natural
The LLDA has exclusive authority to issue permits for resources may be rationally explored, developed,
the use of the waters of the Laguna de Bay. utilized and conserved, and to maintain a rational and
orderly balance between socio-economic growth on
Rivers and Creeks one hand and environmental protection on the other.
Rivers and creeks are parts of the public domain for
public use and not capable of appropriation or ―Taking into account the requirements of
acquisition by prescription. conservation, ecology, and development, and subject
to the requirements of agrarian reform, the Congress
The ownership of a stream may not be acquired shall determine, by law, the size of lands of the public
under a public land patent and the issuance of the domain which may be acquired, developed, held, or
corresponding certificate of title does not change its leased and the conditions therefor.‖(Sec. 3, Art. XII,
public character. (Mateo v. Moreno, 28 SCRA 796) Constitution)
A dried up creek is property of public dominion. ―Private corporations or associations may not hold
(Fernando v. Acuña, GR No. 161030, Sept. 14, 2011) such alienable lands of the public domain except by
lease, for a period not exceeding twenty-five years,
Protected Areas renewable for not more than twenty-five years, and
RA No. 7586 provides for the establishment and not to exceed one thousand hectares in area. Citizens
management of a national integrated protected areas of the Philippines may lease not more than five
system referred to as the ―National Integrated hundred hectares, or acquire not more than twelve
Protected Areas System (NIPAS) Act of 1992‖. hectares thereof by purchase, homestead, or
grant.‖(Sec. 3, id.)
Protected areas are necessary to maintain essential
ecological processes and life-support systems, to ―The Congress shall, as soon as possible, determine
preserve genetic diversity, to ensure sustainable use by law the specific limits of forest lands and national
of resources found therein. parks, marking clearly their boundaries on the ground.
Thereafter, such forest lands and national parks shall
A protected area, like the Bataan Natural Park, is be conserved and may not be increased nor
inalienable. diminished, except by law. The Congress shall
provide, for such period as it may determine,
Reservations for public and semi-public purposes measures to prohibit logging in endangered forests
The President may designate by proclamation any and watershed areas.‖(Sec. 4, id.)
tract of land of the public domain for the use of the
Republic or its branches, e.g., public or semi-public ―The State, subject to the provisions of this
uses like highways, hydroelectric sites, railroads, Constitution and national development policies and
irrigation systems, etc. which shall be inalienable. programs, shall protect the rights of indigenous
cultural communities to their ancestral lands to ensure
The reserved land shall thereafter remain until their economic, social, and cultural well-being.
otherwise provided by law or proclamation. (Republic, The Congress may provide for the applicability of
rep. by Mindanao Medical Center v. CA, 73 SCRA customary laws governing property rights or relations
146) in determining the ownership and extent of ancestral
domain.‖(Sec. 5, id.)
DISPOSITION OF PROPERTY BY THE STATE
LAND REGISTRATION: Historical Flashback
The State possesses not only the right to determine
what lands may or may not be the subject of Public Land Act (Act No. 926)
disposition, the size thereof and procedure for the  Passed pursuant to the Philippine Bill of
acquisition of title to land. 1902.

 Prescribed rules for homesteading, selling petition for review within one year after entry
and leasing portions of the public domain. of decree.
 Provided for the issuance of patents to
native settlers, for the establishment of Cadastral Act (Act No. 2259)
townsites, and for confirmation of Spanish  Enacted on February 11, 1913, it is a
concessions and grants. compulsory registration proceeding initiated
 Operated on the assumption that the by the government to ―settle and adjudicate‖
government‘s title to public land sprung from title to lands.
the Treaty of Paris between Spain and the  The Director of Lands gives notice to all
United States. persons of the date of survey for them to
inform the surveyors of the boundaries of
Public Land Act (Act No. 2874) their claims.
 Passed in 1919 under the Jones Law.  Only unregistered lands may be the subject
 It was more comprehensive in scope but of survey.
limited the exploitation of agricultural lands to  All conflicting interests shall be adjudicated
Filipinos and Americans and citizens of other by the court and in the absence of
countries which gave Filipinos the same successful claimants, the property is
privileges. declared public land.
 After the passage of the 1935 Constitution,
Act No. 2874 was amended in 1936 by CA Property Registration Decree (PD 1529)
No. 141, the present Public Land Act which  Approved June 11, 1978, the Decree
is essentially the same as Act No. 2874. supersedes and codifies all laws relative to
land registration.
Public Land Act (C.A. No. 141)  It substantially incorporates the substantive
 Approved on November 7, 1936, it applies to and procedural requirements of Act No. 496
all lands of the public domain that have been but includes judicial confirmation of imperfect
officially delimited and classified. titles under its Section 14(1).
 Provides for the different modes of  It provides remedies for fraudulent
government grant, e.g., homestead, sale, registration, including an Assurance Fund to
free patent (administrative legalization), and answer for damages.
reservations for public and semi-public
purpose. REGISTRATION UNDER SECTION 14, PD 1529
 A certificate of title issued pursuant to a
public land patent has the same validity and Under Section 14(1)
efficacy as a certificate of title issued through ―Those who by themselves or their predecessors-in-
ordinary registration proceedings. interest have been in open, continuous, exclusive and
notorious possession and occupation of alienable and
Land Registration Act (Act No. 496) disposable lands of the public domain under a bona
 Approved on November 6, 1902, but became fide claim of ownership since June 12, 1945, or
effective on January 1, 1903, it established earlier.‖
the Torrens system.
 The ―Court of Land Registration‖ had Requisites
exclusive jurisdiction over all applications for 1. The applicant must be a Filipino citizen.
registration. 2. The land must already be classified as
 Registration under the system did not create alienable and disposable (A and D) land at
a title; it simply confirmed a title already the time of the filing of the application
vested. (Mercado v. Valley Mountain Mines, GR No.
 Proceedings under the Act were in rem, 141019, Nov. 23, 2011; Victoria v. Republic,
 Final decrees were regarded as indefeasible GR No. 179673, June 8, 2011; Republic v.
and could not be reopened except upon a Vega, GR No. 177790, Jan. 17, 2011;

Malabanan v. CA, GR No. 179987, April 29,

2009). Only when such lands have become patrimonial can
3. Possession and occupation must be open, the prescriptive period for the acquisition of the
continuous, exclusive and notorious under a property begin to run. (Malabanan v. CA, supra)
bona fide claim of ownership (OCENCO).
4. Since June 12, 1945 or earlier. Concept of possession for purposes of
prescription
Possession is:
 Open when it is patent, visible, apparent,  Possession must be that of owner, and it
notorious and not clandestine; must be public, peaceful and uninterrupted.
 Continuous when uninterrupted, unbroken Acts of a possessory character by virtue of a
and not intermittent or occasional; license or mere tolerance are not sufficient.
 Exclusive when the adverse possessor can  The present possessor may complete the
show exclusive dominion over the land and period for prescription by tacking his
an appropriation of it to his own use and possession to that of his grantor or
benefit; and predecessor-in-interest.
 Notorious when it is so conspicuous that it  It is presumed that the present possessor
is generally known and talked of by the who was also the possessor at a previous
public or the people in the neighborhood. time has continued to be in possession
(Bienvenido v. Gabriel, GR No. 175763, April during the intervening time.
11, 2012)
Under Sec. 14(3)
Rationale of the rule that the land need be classified ―Those who have acquired ownership of private lands
as A and D already at the time the application is filed: or abandoned river beds by right of accession or
―If the State, at the time the application is made, accretion under the existing laws.‖
has not yet deemed it proper to release the
property for alienation or disposition, the Ownership of abandoned river beds by right of
presumption is that the government is still accession:
reserving the right to utilize the property; hence, Under Article 461 of the Civil Code, river beds which
the need to preserve its ownership in the State are abandoned through the natural change in the
irrespective of the length of adverse possession course of the waters ipso facto belong to the owners
even in good faith.‖ whose lands are occupied by the new course in
proportion to the area lost. However, the owners of
Under Sec. 14(2) the adjoining lands shall have the right to acquire the
―Those who have acquired ownership of private lands same by paying the value thereof. The reason is that
by prescription under the provisions of existing laws‖ they are in the best position to utilize the old river bed
which is adjacent to their property.
Rule on prescription:
1. Ordinary prescription –10 years in good faith Q: A and Beach own land on opposite sides of a river.
2. Extraordinary prescription –30 years The river changed its course, passing though the land
3. of C. Who owns the abandoned river bed?
But land must be patrimonial property for prescription
to apply. (Malabanan v. Republic, supra) A: C, to compensate him for his loss.
Lands of the public domain shall form part of the

patrimonial property of the State when there is a Q: But suppose that two owners, C and D, lost
declaration that: portions of their lands, who owns the river bed?
 These lands are alienable or disposable, and A: C and D, in proportion to the area lost.
 Are no longer intended for public use or
public service The owners of the affected lands may not compel the
government to restore the river to its former bed, nor

can they restrain the government from taking steps to

revert the river or stream to its former courts. Requisites for the application of Art. 457:
1. That the deposit be gradual and
But the owners may themselves undertake the imperceptible;
reversion of the river to its original course, but upon a 2. That it be made through the effects of the
permit issued by the government. (Art. 58, PD 1067, current of the water; and
Water Code) 3. That the land where accretion takes place is
adjacent to the banks of rivers.
The ownership of the abandoned river bed is
transferred ipso facto to the owners whose lands are In the absence of evidence that the change in the
occupied by the new course of the river ―to course of the river was sudden or that it occurred
compensate for the loss of the land occupied by the through avulsion, the presumption is that the change
new bed.‖ was gradual and caused by accretion and erosion.
Requisites for the application of Art. 461: A riparian owner does not acquire the additions to his
1. The change must be sudden in order that the land caused by special works designed to bring about
old river may be identified; accretion.
2. The change of the course must be more or
less permanent and not temporary Private persons cannot reclaim land from water
overflooding of another‘s land. bodies belonging to the public domain without
3. The change of the river must be a natural permission from government authorities.
one, i.e., caused by natural forces (and not
by artificial means) And even if such reclamation is authorized, the
4. There must be a definite abandonment by reclaimed land does not automatically belong to the
the government; party reclaiming it as the land may still be the subject
5. The river must continue to exist, i.e., it must to the terms of the authority granted.
not completely disappear.
Alluvial formation along the seashore is part of the
Ownership by right of accretion along river banks public domain and, therefore, not open to acquisition
Under Art. 457, CC, to the owners of land adjoining by adverse possession.
the banks of rivers belong the accretion which they ―Art. 4, Lands added to the shore by accretion and
gradually receive from the effects of the current of the alluvial deposits caused by the action of the sea,
waters. Justification: form part of the public domain. When they are no
 To offset the owner‘s loss for possible longer washed by the waters of the sea, and are
erosion of his land due to the current of the not necessary for purposes of public utility, or for
river; the establishment of special industries, or for the
 To compensate him for his burdens arising coast-guard service, the Government may declare
from the subjection of his land to them to be the property of the owners of the estate
encumbrances or legal easements; and adjacent thereto and as an increment
 Owner is in the best position to cultivate it. thereof.‖(Spanish Law of Waters)
(Cortex v. City of Manila, 10 Phil. 567)
The increment does not automatically become Until a formal declaration by the government, through
registered land just because the lot which receives the executive or legislature, that the alluvial formation
such accretion is covered by a Torrens title. It must be is no longer needed for coast guard service, for public
placed under the operation of the Torrens system. use or for special industries, the same continues to be
(Cureg v. IAC, 177 SCRA 313) part of the public domain not available for private
appropriation of ownership. The land is not subject to
The owner must register the accretion under the ordinary prescription as it is outside the sphere of
Torrens system, otherwise the alluvial property may commerce.
be subject to acquisition through prescription by third
persons. (Grande v. Court of Appeals, 5 SCRA 524) Under Sec. 14(4)

―Those who have acquired ownership of land in any Sec. 48(b), CA 141, as amended by PD 1073,
other manner provided for by law.‖ requires possession since June 12, 1945, or prior
thereto.
In Republic, rep. by the Mindanao Medical Center v. But the land must already be classified as A and D
Court of Appeals (GR No. L-40912, Sept. 30, 1976), land at the time the application for registration is
the SC held that Proclamation No. 350 legally filed. (Malabanan vs. CA, GR No. 179987, April
effected a land grant for medical purposes to the 29, 2009)
Mindanao Medical Center validly sufficient for initial
registration under the Land Registration Act. Developments in the law as to requisite
possession
 The first PLA, or Act 926, required a
possession and occupation for a period of
In International Hardwood and Veneer Co. v. ten (10) years prior to the effectivity of Act
University of the Philippines, Proc. No. 791 withdrew No. 296 on July 26, 1904 or on July 26,
from settlement and reserved a parcel of land for the 1894.
experiment station of the UP, followed by RA 3990  This was adopted in the PLA until it was
which ―ceded and transferred (the same area) in full amended by RA 1942 on June 22, 1957,
ownership‖ to the UP, ―subject to existing which provided for a period of thirty (30)
concessions, if any.‖ years.
 It was only with the enactment of PD 1073
Pursuant to the reservation, the Court held that the on Jan. 25, 1977 that it was required that
government divested itself of its rights and title thereto possession and occupation should
and made UP the absolute owner thereof, subject commence on June 12, 1945. (Rep. v. East
only to existing concessions. Silverlane, GR No. 186961, Feb. 20, 2012;
Rep. v. Espinosa, GR No. 171514, July 18,
REGISTRATION UNDER SECTION 48(b), PUBLIC 2012)
LAND ACT (CA 141)
PD 1073 cannot impair vested rights
Who may apply? Vested rights acquired under Sec. 48(b) prior to its
―Those who by themselves or through their amendment by PD 1073 must be respected.
predecessors in interest have been in open, Thus, an applicant who, prior to the effectivity of
continuous, exclusive, and notorious possession and PD 1973 on Jan. 25, 1977, has been in open,
occupation of alienable and disposable lands of the continuous, exclusive and notorious possession
public domain, under a bona fide claim of acquisition and occupation of an agricultural land of the public
of ownership, since June 12, 1945, except when domain, under a bona fide claim of ownership, for
prevented by war or force majeure. These shall be at least 30 years, or at least since Jan. 24, 1947,
conclusively presumed to have performed all the may apply for judicial confirmation of imperfect or
conditions essential to a Government grant and shall incomplete title under Sec. 48(b) of the PLA. (Rep.
be entitled to a certificate of title under the provisions v. Espinosa, GR No. 171514, July 18, 2012)
of this chapter.‖(Sec. 48[b], CA 141)
When the conditions specified in Sec. 48(b) of the
No material differences between Sec. 14(1) of PD PLA are complied with, the possessor is deemed to
No. 1529 and Sec. 48(b) of CA No. 141 have acquired, by operation of law, a right to a grant,
While the Public Land Act (PLA) refers to ―agricultural without the necessity of a certificate of title being
lands of the public domain‖ and the Property issued. (Herico v. Dar, 95 SCRA 437; Republic v.
Registration Decree (PRD) refers to ―alienable and Doldol, supra)
disposable lands of the public domain,‖ the subject
lands are of the same type since under the Compliance with all requirements for a government
Constitution, alienable lands of the public domain grant ipso jure converts land to private property. The
shall be limited to agricultural lands. land ceases to be of the public domain and is beyond
the authority of the DENR to dispose of it under any of

the modes of disposition under the Public Land Act. communities or indigenous peoples
(Susi v. Razon, 48 Phil. 424) (ICCs/IPs) as a distinct sector in Philippine
Society.
Section 48 (b) of the Public Land Act is the law that  It grants these people the ownership and
recognizes the substantive right of a possessor and possession of their ancestral domains and
occupant of an alienable and disposable land of the ancestral lands, and defines the extent of
public domain, while Section 14 (1) of the Property these lands and domains.
Registration Decree recognizes this right by  The ownership given is the indigenous
authorizing its registration, thus bringing the land concept of ownership under customary law
within the coverage of the Torrens System. which traces its origin to native title.
(Concurring opinion of J. Brion in Chang v. Republic,
GR No. 171726, Feb. 23, 2011) Ancestral lands/domains are not deemed part of the
lands of the public domain but are private lands
Section 48 (b) of the Public Land Act is the law that belonging to ICCs/IPs who have actually occupied,
recognizes the substantive right of a possessor and possessed and utilized their territories under claim of
occupant of an alienable and disposable land of the ownership since time immemorial.
public domain, while Section 14 (1) of the Property
Registration Decree recognizes this right by Native title refers to pre-conquest rights which, as far
authorizing its registration, thus bringing the land back as memory reaches, have been held under
within the coverage of the Torrens System. claim of private ownership by ICCs/IPs, have never
been public lands and are thus indisputably presumed
The mode of acquisition recognized by Section 48 (b) to have been held that way since before the Spanish
of the Public Land Act and made registrable under Conquest. (Cruz v. Sec. of DENR, 347 SCA 128)
Section 14 (1) of the Property Registration Decree is
through confirmation of an imperfect or incomplete The National Commission on Indigenous Peoples
title. (NCIP) has the authority to issue certificates of
ancestral domain title (CADT) or certificates of
Both provisions allow confirmation of an imperfect or ancestral land title (CALT).
incomplete title only if the claimant has been in open,
continuous, exclusive and notorious possession and The recording of CADT and CALT in the Office of the
occupation of alienable and disposable lands of the Register of Deeds does not result in the issuance of
public domain since June 12, 1945 or earlier. Torrens certificate of title.
REGISTRATION UNDER THE INDIGENOUS The purpose of registration is simply to apprise the
PEOPLES RIGHTS ACT (RA 8371) public of the fact of recognition by the NCIP of specific
claims to portions of the ancestral domains or
Constitutional provisions ancestral lands.
―The State recognizes and promotes the rights of Modes of Acquisition

indigenous cultural communities within the framework The rights of ICCs/IPs to their ancestral domains and
of national unity and development.‖(Sec. 2 Art. II) ancestral lands may be acquired in two modes:
1. By native title over both ancestral lands and
The Congress may provide for the applicability of domains; or
customary law governing property rights or relations 2. By Torrens title under the Public Land Act
in determining the ownership and extent of ancestral (CA No. 141) of the Property Registration
domain.‖(Sec. 5, par. 2, Art. XII) Decree (PD No. 1529) with respect to
ancestral lands only.
Indigenous concept of ownership
Requisites for Registration
 The IPRA (RA No. 8371) recognizes the 1. The applicant is a member of an indigenous
existence of the indigenous cultural cultural group;

2. He must have been in possession of an  Upon cultivation of 1/5 of the land, the
individually-owned ancestral land for not less applicant is given a sales patent.
than thirty (30) years;  In the case of friar lands, the purchaser
3. By operation of law, the land is already becomes the owner upon issuance of the
classified as A and D, even if it has a slope certificate of sale in his favor.
of 18% or over, hence, there is no need to
submit a separate certification that the land WHO MAY APPLY? CITIZENSHIP REQUIREMENT
is A and D. (Sec. 12, RA 8371)
On the basis of their capacity “to acquire or holds
The rights of ownership over ancestral lands may be lands of the public domain, ”the following may
transferred subject to the following limitations: acquire private lands:
1. Only to members of the same ICCs/IPs; 1. Filipino citizens
2. In accord with customary laws and traditions; 2. Filipino corporations and associations, 60%
and of whose capital are owned by Filipinos
3. Subject to the right of redemption for a 3. Aliens by hereditary succession (Sec. 7, Art.
period of fifteen (15) years if the land was XII)
transferred to a non-member. 4. A natural-born citizen of the Philippines who
has lost his Philippine citizenship, subject to
Ancestral domains belong to all generations and limitations provided by law. (Sec. 8, Id.)
therefore cannot be sold, disposed or destroyed.
Citizens of the Philippines:
DIPOSITION OF FRIAR LANDS (ACT 1120) 1. Those who are citizens of the Philippines at
the time of the adoption of the 1987
Friar lands are not public lands but private or Constitution
patrimonial property of the government. 2. Those whose fathers or mothers are citizens
of the Philippines
Friar lands were purchased by the government for 3. Those born before January 17, 1972, of
sale to actual occupants under Act 120 (Friar Lands Filipino mothers, who elect Philippine
Act) citizenship upon reaching the age of
majority; and
The Lands Management Bureau (LMB) shall first 4. Those who are naturalized in accordance
issue a sales certificate to the occupant who shall pay with law. (Art. IV, Constitution):
the purchase price in instalments.
Constitutional provisions
The purchaser becomes the owner upon the issuance
of the certificate of sale, subject to cancellation in Save in cases of hereditary succession, no private
case the price agreed upon is not paid in full lands shall be transferred or conveyed except to
individuals, corporations, ort associations qualified to
Upon full payment, the government shall then issue a acquire or hold lands of the public domain. (Sec. 7,
final deed of conveyance to the purchaser Art. XII)
No lease or sale shall be valid until approved by the Notwithstanding the provisions of Section 7 of this
DENR Secretary (Manotok v. Barque, GR No. Article, a natural-born citizen of the Philippines who
162335, Aug. 24, 2010) has lost his Philippine citizenship may be a transferee
of private lands, subject to limitations provided by law.
Sale of friar lands is different from sale of public (Sec. 8, Ibid)
lands:
 In sale of public lands, the land is opened for Area limitations under RA 7042 as amended by
bidding; the successful bidder is given right RA 8179
of entry and to cultivate and improve the Urban land –5,000 square meters
land. Rural land –3 hectares.

Note: In Rellosa v. Gaw Chee Hun, 93 Phil. 827, the

Under RA 9225 (Citizenship Retention and Re- Filipino vendor was in pari delicto with the alien
acquisition Act of 2003), a natural-born citizen who vendee, hence, recovery was not allowed.
has lost his Philippine citizenship by reason of his
naturalization as a citizen of a foreign country is When doctrine of pari delicto does not apply
deemed to have ―re-acquired Philippine citizenship‖ ―The principle underlying pari delicto as known here
upon taking his oath of allegiance to the Republic and and in the United States is not absolute in its
―shall enjoy full civil and political rights‖ under existing application. It recognizes certain exceptions one of
laws. them being when its enforcement or application runs
counter to an avowed fundamental policy or to public
The capacity to own land is determined at the time of interest. As stated by us in the Rellosa case, ‗This
its acquisition and not registration. doctrine is subject to one important limitation, namely,
whenever public policy is considered advanced by
Example: Pedro, a Filipino, bought land from Jose allowing either party to sue for relief against the
who at the time of the sale had already complied with transaction.‘‖(Binayug v. Ugaddan, GR No. 181623,
the requirements for the registration of the land. Dec. 5, 2012)
Pedro later became a naturalized Canadian citizen.
Pedro‘s subsequent acquisition of Canadian Other illustrative cases on acquisition by aliens
citizenship will not impair his right to the land which he
could have validly registered when he was yet a Where the land was now in the hands of a naturalized
Filipino citizen. He is also qualified under the terms of Filipino, there is no more public policy to be served by
Sec. 8, Art. XII, Constitution. (Republic v. CA and allowing recovery. (Barsobia v. Cuenco , 199 Phil.
Lapiña, 235 SCRA 567) 26),
Q: May the RD validly refuse to register a deed of
donation of a residential land executed by a Filipino in Where land is sold to a Chinese who later sold it to a
favor of an unregistered organization, the ―Ung Sui Si Filipino, the sale can no longer be impugned. (Herrera
Temple,‖ operating through three trustees all of v. Guan, 1 SCRA 406).
Chinese nationality?
Q: Chuck, an American, and Cory, a Filipino, acquired
A: Yes. In view of the absolute terms of Sec. 5, Title land which was registered in the latter‘s name. Cory
XIII of the 1935 Constitution (now Sec. 8, Art. XII, sold the land to Mario without Chuck‘s consent. Valid?
1987 Constitution) that, ―save in cases of hereditary
succession, no private agricultural land shall be A: Yes. Chuck never acquired any right to the land,
transferred except to individuals, corporations or he being an alien. (Cheesman v. IAC, 193 SCRA 93)
associations qualified to acquire or hold lands of the
public domain,‖ the Constitution makes no exception ―The Court had already denied a claim for
to religious groups. (Register of Deeds v. Ung Sui Si reimbursement of the value of purchased parcels of
temple, GR No. L-6776, May 21, 1995) Philippine land instituted by a foreigner Helmut Muller,
against his former Filipina spouse, Elena
Q: Can a Filipino vendor recover land sold to an Buenaventura Muller. It held that Helmut Muller
alien? cannot seek reimbursement on the ground of equity
where it is clear that he willingly and knowingly bought
A: Yes. When an agreement is not illegal per se but is the property despite the prohibition against foreign
merely prohibited and the prohibition is designed for ownership of Philippine land enshrined under Section
the protection of the plaintiff, he may recover the land, 7, Article XII of the 1987 Philippine Constitution. x x x
the public policy being to preserve and maintain the Equity as a rule will follow the law and will not permit
land in the hands of Filipino citizens. (Phil. Banking that to be done indirectly which, because of public
Corp. v. Lui She, 21 SCRA 52; Borromeo v. policy, cannot be done directly. A contract that
Descallar, 580 SCA 175; United Church v. Sebastian, violates the Constitution and the law is null and void,
159 SCRA 446) vests no rights, creates no obligations and produces

no legal effect at all.‖ (Beumer v. Amores, GR No. An open, continuous, adverse and public possession
195670, Dec. 3, 2012) of property from time immemorial by a private
individual confers effective title on said possessor,
Private corporations not qualified whereby the land ceases to be public and becomes
private property. (Susi v. Razon, 48 Phil. 424)
―Private corporations or associations may not hold
(such) alienable lands of the public domain except by In Ayog v.Cusi, 146 SCRA 15, the Court ruled that the
lease, for a period not exceeding 25 years, renewable prohibition under Sec. 11, Art. XIV of the 1973
for not more than 25 years, and not to exceed 1,000 Constitution disqualifying for the first time a private
hectares in area.‖(Sec. 3, Art. XII, Constitution) corporation from purchasing public lands has no
retroactive application because respondent
Reason: to encourage economic family-sized farms corporation had already acquired a vested right to the
by transferring ownership of only a limited area of land at the time the 1973 Constitution took effect, i,e.,
alienable lands of the public domain to a qualified by complying with the construction and cultivation
individual. Available lands are decreasing due to requirements of the law and paying the full purchase
increasing population. price of the land such that it now became the
ministerial duty of government to issue the sales
Corporation sole patent to the corporation.
A corporation sole is vested with the right to hold real FORM AND CONTENTS OF APPLICATION
estate and personal property. (Roman Catholic
Apostolic v. LRC, 102 Phil. 596) The application shall be in writing, signed by the
applicant or his authorized representative, and under
It is created not only to administer the temporalities of oath. If there is more than one applicant, the
the church or religious society where the administrator application shall be signed and sworn to by each.
(bishop or archbishop) belongs but also to hold and
transmit the same to his successor in office. The application shall contain a description of the land,
and state the civil status of the applicant, and the
Upon the death of the administrator, church properties names of all occupants and adjoining owners, if
pass, by operation of law, not to his heirs but to his known. (Sec. 15, PD No. 1529)
successor in office.
The application shall be filed with the RTC of the
In Republic v. Iglesia ni Cristo, 591 SCRA 438, the province or city where the land lies, with a copy
Court held that a private corporation may validly file furnished the Director of Lands. (Sec. 16, ibid.)
an application for registration over a parcel of land it
had acquired from a person who had already The applicant may file a single application for two or
complied with the statutory period of possession. The more parcels of land in the same province
possession of INC has been established not only from
1952 and 1959 when it purchased the respective Amendments which consist in a substantial change in
halves of the subject lot, but is also tacked to the the boundaries or an increase(not decrease) in area
possession of its predecessors-in-interest who had shall be subject to publication and notice as in an
been in possession thereof before June 12, 1945. original application. (Sec. 19, ibid.; Benin v. Tuason,
57 SCRA 531)
Vested Right
DEALINGS WITH LAND PENDING REGISTRATION
A vested right is some right or interest in property that Pending issuance of the decree, the land may be the
has been fixed and established, and is no longer open subject of dealings (sale, lease, mortgage) in whole or
to doubt or controversy. (Lucero v. City of Pasig, 508 in part, and the interested party shall submit to the
SCRA 23; Ayog v. Cusi, 204 Phil. 126) court for consideration the pertinent documents and
subdivision plan in case only portions of the land are

affected. The application need not be amended. While the law says that publication in the OG shall be
(Mendoza v. CA, 84 SCRA 67) sufficient to confer jurisdiction upon the court,
publication in a newspaper is still required to accord
The court shall order the land registered subject to the with the due process requirement. (Roxas v. Court of
conveyance or encumbrance, or order that the decree Appeals, 270 SCRA 309)
be issued to the transferee. (Sec. 22, ibid.)
But lack of personal notice does not vitiate the
In case of transfer of a portion of the land, the proceedings. (Roxas v. Enriquez, 212 SCRA 625)
corresponding should also be presented. Upon notice,
the court shall: Role of the Solicitor General
(a) order the land registered subject to the 1. The Solicitor General represents the
conveyance or encumbrance created by the government in all land registration and
instrument, or related proceedings.
(b) order that the decree of registration be issued 2. As a rule only court notices and processes
in the name of the person to whom the property actually served upon the SG is binding on
has been conveyed. his office.
3. Deputized officers are under the direction
PUBLICATION, MAILING, AND NOTICE and control of the SG himself. (NPC v.
―The Court shall within 5 days from filing of the NLRC, GR No. 90933, May 29, 1997).
application, issue an order setting the date and hour 4. The government may appeal an adverse
of the initial hearing which shall not be earlier than 45 decision despite not filing any opposition.
days nor later than 90 days from the date of the order. (Republic v. CA and Arquillo, 182 SCRA
The public shall be given notice of the initial hearing 290)
of the application for land registration by means of (a) Procedure where conveyance involves only a
publication; (2) mailing; and (c) posting.‖(Sec. 23, portion of land:
PD 529) No TCT shall be issued by the RD until a plan of the
land showing the portions into which it has been
Purpose: (a) to confer jurisdiction upon the court, and subdivided, together with the technical description,
(b) to apprise the whole world of the case so that they shall have been verified and approved by the LRA or
may oppose the application, if minded. LMB.
―Upon receipt of the order of the court setting the time Meanwhile, the deed may only be annotated by the
for initial hearing, the LRA shall cause a notice of RD by way of memorandum on the grantor‘s
initial hearing to be published once in the Official certificate of title. (Sec. 58 in relation to Sec. 50, PD
Gazette and once in a newspaper of general No. 1529).
circulation in the Philippines: Provided, however, That
the publication in the Official Gazette shall be OPPOSITION
sufficient to confer jurisdiction upon the court. Said
notice shall be addressed to all persons appearing to Any person claiming an interest or right of dominion
have an interest in the land involved including the may appear and oppose the application for
adjoining owners so far as known, and ‗to all whom it registration.
may concern.‘‖(Sec. 23, ibid.)
Where no opposition is made, all the allegations in the
Publication application for registration shall be held as confessed,
Constructive seizure of the land is effected through and the claimant shall be deemed to have forever lost
publication of the notice of initial hearing in the OG his right to the land.
and in a newspaper of general circulation, and also
the posting and mailing thereof to affected parties. But the absence of opposition does not justify the
(Sec. 23, PD No. 1529) court into awarding the land to the applicant; he must
still submit well-nigh incontrovertible proof that he is

entitled to registration. (Director of Lands v. Agustin, between the applicant and the oppositor in a civil case
42 Phil. 227) for recovery of possession, resulting in a favorable
judgment to the applicant.
Order of default
―If no person appears and answers within the time Applicability of res judicata
allowed, the court shall, upon motion of the applicant,
order a default to be recorded and require the Under the rule of res judicata, a final judgment or
applicant to present evidence. By the description in decree on the merits by a court of competent
the notice ‗To All Whom It May Concern,‘ all the world jurisdiction is conclusive of the rights of the parties or
are made parties defendant and shall be concluded their privies, in all later suits and on all points and
by the default order. Where an appearance has been matters determined in the previous suit.
entered and an answer filed, a default order shall be
entered against persons who did not appear and The principle bars a subsequent suit involving the
answer. (Sec. 26, PD 1529) same parties, subject matter, and cause of action.
The rationale for the rule is that "public policy requires
―If no person appears and answers within the period that controversies must be settled with finality at a
allowed, an order of (general) default shall be entered given point in time.―(Topacio v. Banco Filipino, GR
and the applicant required to present evidence. When No. 157644, Nov. 17, 2010)
an appearance has been entered and an answer filed,
an order of (special) default shall be entered against Elements of res judicata:
persons who did not appear and answer.‖(Sec. 26, (a) Former judgment must be final;
PD No. 1529) (b) The court which rendered it had jurisdiction over
the subject matter;
Appeal by party in default (c) The judgment must be on the merits;
(d) There must be between the first and the second
A party declared in default may appeal from the actions, identity of parties, subject matter and cause
judgment on the ground that the applicant failed to of action.
prove the material allegations in his application for
registration, or that the decision is contrary to law, The doctrine does not require absolute but merely
even without first filing a motion to set aside the order substantial identity of the parties.
of default. (Martinez v. Republic, 506 SCRA 601)
The defense of res judicata may be waived if not set
Where the Director of Lands did not oppose the up in a motion to dismiss.
application and was, by order of the court, declared in
default, the order should not prejudice the HEARING
government since the Republic is usually not
estopped by the mistake or error of its officials or The court shall decide the case within 90 days from
agents. (Republic v. Aquino, 205 Phil. 141) its submission.
Motion to dismiss based on res judicata proper in The court may refer the case or part thereof to a
registration proceedings referee who shall submit his report to the court within
15 days after its termination.
Sec. 34, PD 1529, provides that the Rules of Court
shall be applicable to registration and cadastral cases Applications for registration shall be heard by the
by analogy or in a suppletory character. regional trial court or, in proper cases, by the first
level court, in the province or city where the land is
In Valisno v. Plan (143 SCRA 502), the Court, situated. (Sec. 27, PD 1529)
applying the principle of res judicata, sustained the
applicant‘s motion to dismiss the opposition to his The burden is on the applicant to prove his positive
application for registration it appearing that the land averments and not for the government or the private
sought to be registered had been previously litigated oppositors to establish a negative proposition.

DENR level of authority on land classification

The applicant must submit convincing proof of his and Secretary: Land classification and release of lands of
his predecessor-in-interest‘s actual, peaceful and the public domain as alienable and disposable (A and
adverse possession and occupation in the concept of D)
owner for the length of time and in the manner Secretary: Sub-classification of forest lands
prescribed by law. according to use
PENRO: Issuance of certificate whether timber land
He must show, by ―well-nigh incontro-vertible or A and D –above 50.0 has.
proof,‖and even in the absence of opposition, that he CENRO: Issuance of certificate whether timber land
is the absolute owner of the land. or A and D –below 50.0 has. (See also: Republic v.
Jaralve, GR No. 175177, Oct. 24, 2012)
EVIDENCE OF OWNERSHIP
Identity of the land
Proof that land is A and D
1. Certification of the BFD that land has been 1. Land must be surveyed to establish its
released as A and D identity, location and area.
2. LC Map showing that the land is within the A 2. Only the LMB Director may approve survey
and D portion of the public domain plans for original registration purposes. (PD
3. Executive proclamation withdrawing a 239, July 9, 1973)
specific portion from a reservation and 3. There is now no need to present the tracing
declaring same open for disposition. cloth plan of the land. A certified blue print or
4. Legislative or executive proclamation white print copy of the plan suffices for
reserving a portion of the public domain for registration purposes. (Director of Lands v.
public or quasi-public use. CA and Iglesia ni Cristo, 158 SCRA 586)
The application for original registration must be What defines a piece of titled property is not the
accompanied by: numerical data indicated as the area of the land, but
(1) CENRO or PENRO Certification that land is A and the boundaries or "metes and bounds" of the property
D; and specified in its technical description as enclosing it
(2) Copy of the original classification approved by the and showing its limits. (Rep. v. CA and Santos, GR
DENR Secretary and certified as a true copy by the No. 116111, Jan. 21, 1969, 301 SCRA 366).
legal custodian thereof. (Republic v. Bantigue, GR
No. 162322, March 14, 2012; Mercado v. Valley What defines a piece of land is not the area,
Mountain Mines, GR No. 141019, Nov. 23, 2011; calculated with more or less certainty mentioned in
Republic v. Dela Paz, GR No. 171631, Nov. 5, 2010; the description, but the boundaries therein laid down,
Republic v. T.A.N, 555 SCRA 477) as enclosing the land and indicating its limits.
(Balantakbo v. CA, GR No. 108515, Oct. 16, 1995)
Policy clarification by DENR Memorandum No. 564,
dated Nov. 15, 2012 In overlapping of titles disputes, it has always been
 The issuance of the certification and the certified the practice for the court to appoint a surveyor from
copy of the approved LC Map to prove that the the government land agencies —the LRA or the
area applied for is indeed classified as A and D is DENR —to act as commissioner.
―within the competence and jurisdiction of the
CENRO.‖ Survey is the process by which a parcel of land is
 A separate administrative order has been issued measured and its boundaries and contents
―delegating to the CENRO the authority to issue ascertained; also a map, plat or statement of the
the certification and the certified true copy of the result of such survey, with the courses and distances
approved land classification map and the and the quantity of the land.
particular issuance or order which was used as
basis for such classification.‖ A case of overlapping of boundaries or encroachment
depends on a reliable, if not accurate, verification

survey. (Pabaus v. Yutiamco, GR No. 164356, July (1) When the findings are grounded entirely on
27, 2011) speculation, surmises or conjectures;
(2) When the inference made is manifestly mistaken,
Possession and occupation absurd or impossible;
(3) When there is grave abuse of discretion;
1. Possession must be under a claim of (4) When the judgment is based on a
ownership. misapprehension of facts;
2. Acts of a possessory character by one who (5) When the findings of facts are conflicting;
holds the property by mere tolerance of the (6) When in making its findings the CA went beyond
owner is not in the concept of owner, and do the issues of the case, or its findings are contrary to
not start the period of prescription. the admissions of both the appellant and the appellee;
3. Actual possession consists of acts of (7) When the findings are contrary to the trial court;
dominion of such a nature as a party would (8) When the findings are conclusions without citation
naturally exercise over his own property of specific evidence on which they are based;
4. Occupation delimits the all-encompassing (9) When the facts set forth in the petition as well as
effect of constructive possession. in the petitioner‘s main and reply briefs are not
disputed by the respondent;
Rule of preference in case of conflict of (10) When the findings of fact are premised on the
possession supposed absence of evidence and contradicted by
 The present possessor shall be preferred; the evidence on record; and
 If there two possessors, the one longer in (11) When the CA manifestly overlooked certain
possession; relevant facts not disputed by the parties, which if
 If the dates of the possession are the same, properly considered, would justify a different
the one who presents a title; and conclusion. (Tyson’s Super Concrete v. CA, 461
 If both possessors have titles, the court shall SCRA 69)
determine the rightful possessor and owner
of the land. (Art. 538, CC) Tax declarations and tax receipts
Tax declarations and tax receipts are not conclusive
Mere possession will not defeat the title of a holder of evidence of ownership but they are good indicia of
registered land. (Eduarte v. CA, 253 SCRA 391) possession in the concept of owner. (Llanes v.
Republic, 572 SCA 258) A tax declaration merely
Overt acts of possession may consist in: proves payment of taxes.
 Introducing valuable improvements on the
land like fruit-bearing trees; When coupled with actual possession, payment of
 Fencing the area taxes is evidence of great weight and can be the
 Constructing a residential house thereon; basis of a claim of ownership through prescription.
and (Republic v. Alconaba, 427 SCRA 611)
 Declaring the land for taxation purposes.
Taxes must be paid annually.
In a practical and scientific way of planting, a one-
hectare land can be planted to 144 coconut trees. Spanish titles no longer efficacious as proof of
ownership
It takes only 10 years for mango trees , and 5 years
for coconuts trees, to begin bearing fruit. (Republic v. Pursuant to PD No. 892, dated Feb. 16, 1976,
CA and Chavez, 167 SCRA 150) Spanish titles may no longer be used as evidence of
land ownership.
GR: Supreme Court is not a trier of facts
The proliferation of dubious Spanish titles have raised
XPN: conflicting claims of ownership and tended to
destabilize the Torrens system of registration.

JUDGMENT Motion for execution of judgment not required
1. The court shall render judgment within ninety The judgment does not have to be executed by
(90) days from the date the case is submitted for motion or enforced by action within the purview of
decision. Rule 39 of the 1997 Rules of Civil Procedure.
2. The court may refer the case to a referee, (Republic v. Nillas, GR No. 159595, Jan. 23, 2007)
usually the clerk of court, as hearing officer to
receive evidence, to enable the judge to devote The winning party needs only to file a petition with the
his time to other important businesses. court for the issuance of an order directing the LRA to
3. The hearing officer shall submit his report within issue a decree of registration, a copy of which is then
15 days after the termination of the hearing. sent to the Register of Deeds for inscription in the
4. The court may render judgment on the basis of registration book, and issuance of the original
said report or, if necessary, it may reccommit certificate of title. (Top Management Programs Corp.
the case to the hearing officer for the reception v. Fajardo, GR No.150462, June 15, 2011)
of additional evidence. (Sec. 27. PD 1529)
Execution pending appeal not proper
The judgment confirms the title of the applicant or the
oppositor. Partial judgment is proper where a A Torrens title issued on the basis of a judgment that
subdivision plan is submitted. (Sec. 28) is not final is a nullity.
Judgment becomes final after 15 days from receipt of The law requires that a decree shall be issued only
notice of the judgment. upon the finality of the decision of the court, and it is
on the basis of said decree that the RD issues the
Court retains jurisdiction until after the entry of the corresponding certificate of title. (Top Management v.
final decree of registration. (Gomez v CA, 168 SCRA Fajardo, supra)
503)
No period within which decree may be issued
Principle of res judicata is applicable to registration
proceedings. (Aring v. Original, a6 SCRA 1021) The fact that no decree has as yet been issued
cannot divest the applicant of his title to and
Kinds of judgment ownership of the land in question. There is nothing in
1. A judgment in rem is binding upon the the law that limits the period within which the court
whole world, such as a judgment in a land may issue a decree. The reason is that the judgment
registration case or probate of a will. is merely declaratory in character and does not need
2. A judgment in personam is binding upon to be enforced against the adverse party. (Del
the parties and their successors-in-interest Rosario v. Limcaoco, GR No. 177392, Nov. 26, 2012)
but not upon strangers.
3. A judgment directing a party to deliver Notice to the Solicitor General
possession of a property to another is in
personam; it is binding only against the Only notices of court orders or processes served on
parties and their successors-in-interest by the Solicitor General bind the government.
title subsequent to the commencement of the
action. Period of appeal shall be counted from date of receipt
4. An action for declaration of nullity of title and of the judgment by the SG and not by the prosecutor.
recovery of ownership of real property, or
reconveyance, is a real action but it is an Belated filing of appeal by the State, or even its failure
action in personam, for it binds a particular to file an opposition, because of the mistake or error
individual only although it concerns the right of its officials or agents, does not deprive it of its right
to a tangible thing. (Muñoz v. Yabut, GR No. to appeal from the adverse judgment of the
142676, June 6, 2011)

registration court. (Republic v. Tiotioen, 568 SCRA surrender possession to the prevailing party, the
152) sheriff should oust him. No express order to this effect
needs to be stated in the decision; nor is a categorical
WRIT OF POSSESSION statement needed in the decision that in such event
the sheriff or other proper officer shall have the
A writ of possession may be issued in: authority to remove the improvements on the
(a) Land registration proceeding which is in rem; property. The removal of the improvements is
(b) Extrajudicial foreclosure of realty; deemed read into the decision, subject only to the
(c) Judicial foreclosure of mortgage which is a quasi issuance of a special order by the court for the
in rem; and removal of the improvements.‖ (Tumibay v. Soro, GR
(d) Execution sales. 152016, April 12, 2010)
A writ of possession may be issued not only against ―There are ample justifications for the grant by the
the person defeated in the land registration case but RTC of a writ that places the subject property in the
also against anyone unlawfully occupying the land possession of the spouses Valdez and spouses
during the pendency of the proceedings up to the Malvar for the duration of the trial of Civil Case No.
issuance of the final decree. (Vencilao v. Vano, 182 00-6015. Sales Patent No. 38713, covering the
SCRA 491) subject property, had already been issued to Juan
Valdez which makes him, at the very least, the
After the registration of the land is decreed, the equitable owner of the said property. There is already
winning party has the right to a title and possession of a request for the registration of Sales Patent No.
the land which is an inherent element of ownership. 38713 pending before the Registry of Deeds of
Marikina City..
A writ of possession may be issued not only against
the person or persons defeated but also against The spouses Valdez acknowledge the transfer of the
anyone unlawfully occupying the land during the subject property to the spouses Malvar. The spouses
registration proceedings and up to the issuance of the Dela Rosa's title is based on TCT No. 451423-A in
final decree. (Vencilao v. Vaño, GR No. L-25660, Cristeta dela Rosa's name, which is not registered
1990) with the Registry of Deeds of Marikina City or Antipolo
City. TCT No. 451423-A is also traced back to Titulo
The fact that there is pending action attacking the de Propriedad No. 4136, which, in the Intestate Estate
validity of the decree is not a bar to the issuance of of the late Don Mariano San Pedro y Esteban v. Court
the writ of possession in favor of the registered of Appeals, GR No. 103727, Dec. 1, 1996, was
owners. (Id., citing Sorongon v. Makalintal, GR No. L- already declared null and void, and from which no
1692, Feb. 24, 1948) rights could be derived.‖ (De la Rosa v. Valdez, GR
No. 159101, July 27, 2011)
In the implementation of the writ, the sheriff cannot
remove or demolish the improvements except upon When separate action is necessary
special order of the court. (Tumibay v. Soro, GR
152016, April 12, 2010) When parties against whom a writ of possession is
sought entered into possession apparently after the
The writ will not issue against persons taking issuance of the final decree, and none of them had
possession after issuance of the final decree. been a party in the registration proceedings, the writ
of possession will not issue.
The remedy is to file a separate action for forcible
entry or detainer, or a reivindicatory action. (Bernas v. A person who took possession of the land after final
Nueva,127 SCA 399) judgment in registration proceedings cannot be
summarily ousted through a writ of possession
―A judgment for the delivery or restitution of property secured by a mere motion and that regardless of any
is essentially an order to place the prevailing party in title or lack of title of persons to hold possession of
possession of the property. If the defendant refuses to the land in question, they cannot be ousted without

giving them their day in court in proper independent

proceedings. (Bernas v. Nuevo, 127 SCRA 399) CERTIFICATE OF TITLE
Failure to vacate; contempt Issuance of decree and certificate of title
Under Section 3 (d), Rule 19, Rules of Court, the writ Within 15 days from entry of the judgment, the court
of execution must require the sheriff or other officer to shall direct the LRA Administrator to issue the decree
whom it must be directed to deliver the possession of of registration and prepare the original and duplicate
the property, describing it, to the party entitled thereto. certificate of title based thereon. The original
The sheriff must dispossess or eject the losing party certificate of title, signed by him, shall be a true copy
from the premises and deliver the possession thereof of the decree, and shall be sent, together with the
to the winning party. owner‘s duplicate, to the Register of Deeds of the city
or province where the land lies. (Sec. 39, PD 1529)
If subsequent to such dispossession or ejectment the
losing party enters or attempts to enter into or upon The certificate is an indefeasible evidence of
the real property, for the purpose of exercising acts of ownership of the person whose name appears
ownership or possession, or in any manner disturbs therein. (Panganiban v. Dayrit, 464 SCRA 370).
the possession of the person adjudged to be entitled
thereto, only then may the loser be charged with and Contents of a certificate of title
punished for contempt . (Vencilao v. Vano, 182 SCRA
491). Every certificate of title shall set forth the full names of
DECREE OF REGISTRATION the registered owners and their status. If the property
belongs to the conjugal partnership, it shall be issued
A decree of registration is an order issued under the in the names of both spouses.
signature of the LRA Administrator stating that the
land is registered in the name of the applicant (or All property of the marriage is presumed to belong to
oppositor or claimant, as the case may be). It shall the conjugal partnership, unless it be proved that it
bear the date, hour and minute of its entry. A certified pertains exclusively to the husband or to the wife.
copy of the decree is sent to the RD for transcription (Art. 160, CC)
in the ―Registration Book.‖
When the property is registered in the name of a
The certificate of title shall take effect upon the date of spouse only and there is no showing as to when the
the entry of the decree. (Manotok Realty, Inc. v. CLT property was acquired, this indicates that the property
Realty Development Corporation, GR No. 123346, belongs exclusively to said spouse. The presumption
Dec. 14, 2007) in Art. 160 does not apply in that case especially
where the rights of innocent third parties are involved.
The decree of registration shall bind the land and (PNB v, Vitug, 153 SCRA 435)
quiet title thereto. It shall be conclusive against all
persons, including the government and its branches. Entry of original certificate of title
(Sec. 31, PD 1529)
Upon receipt by the RD of the original and duplicate
Land becomes registered land only upon the copies of the title, the same shall be entered in the
transcription of the decree in the book of the Register day book and shall be numbered, dated, signed and
of Deeds, and not on the date of the issuance of the sealed. Said certificate of title shall take effect upon
decree. (Manotok v. CLT Realty, supra) the entry thereof. The RD shall then send notice by
mail to the registered owner that his owner‘s copy is
A court has no jurisdiction to decree again land ready for delivery to him upon payment of legal fees.
already decreed in a prior case. (Laburada v. LRA,
287 SCRA 333), otherwise that constitutes a collateral The original certificate of title shall be a true copy of
attack on the existing title. (SM Prime Holdings v. the decree of registration. It shall state the names of
Madayag, 578 SCRA 552) the registered owners and their status. If the property

is conjugal the title shall be issued in the names of Every registered owner holds title free from
both spouses. (Sec. 40, PD 1529) encumbrances except:
(a) Liens or rights not required by law to be registered
A certificate of title may be an original certificate of (b) Unpaid real estate taxes
title, which constitutes a true copy of the decree of (c) Public highway
registration, or a transfer certificate of title, issued (d) Limitation on the use of property under agrarian
subsequent to original registration. reform and public land laws
(e) Liability to attachment or levy on execution
The title serves as evidence of an indefeasible and (f) Taking under eminent domain proceedings. (Sec.
incontrovertible title one year after the issuance of the 44, PD No. 1529)
decree of registration by the LRA. (Del Prado v.
Caballero, GR No. 148225, March 3, 2010) Purpose: to give the registered owner an absolutely
clean title, not subject to hidden defects or inchoate
A person dealing with registered land need not go claims, as well as restrictions except those appearing
beyond, but only has to rely on, the title of his in the certificate or imposed by the law.
predecessor. (Guaranteed Homes v. Valdez, 577
SCRA 441) The decree does not relieve the land or the
registered owner from any rights incident to:
A certificate of title issued pursuant to administrative
proceedings is as indefeasible as any title issued 1. The relation of husband and wife, landlord
through judicial proceedings provided the land is a and tenant;
disposable public land, and becomes incontrovertible 2. From liability to attachment or levy on
one year after the issuance of the patent. (Republic v. execution;
Carle, 105 Phil. 1227) 3. From liability to any lien of any description
established by law on the land and buildings
A certificate of title based on an emancipation patent thereon; or
under PD No. 27 also enjoys the same protection as a 4. Change the laws of descent, rights of
certificate issued judicially or administratively. (Lonoy partition, or right to take the same by
v. Sec. of Agrarian Reform, R No. 175049, Nov. 27, eminent domain; or
2008) 5. Relieve such land from liability to any
assignee in insolvency or bankruptcy; or
Title earlier in date prevails 6. Change or affect other rights or liabilities
created by law (Sec. 46, PD 1529)
On the assumption that there was regularity in the
registration leading to the eventual issuance of VOLUNTARY DEALINGS WITH REGISTERED
subject transfer certificates of title, the better LAND
approach is to trace the original certificates from
which the certificates of title in dispute were derived. Any registered owner may convey, mortgage, lease or
Should there be only one common original certificate otherwise deal with the land. (Sec. 51. PD No. 1529).
of title, . .
Every conveyance or disposition of registered land, if
., the transfer certificate issued on an earlier date registered, is constructive notice to all persons from
along the line must prevail, absent any anomaly or the time of registration. (Sec. 52, PD 1529;
irregularity tainting the process of registration. (Top Guaranteed Homes v. Valdez, 577 SCA 441)
Management Programs Corp. v. Fajardo, GR
No.150462, June 15, 2011) But knowledge of an unregistered sale is equivalent to
registration. (Fernandez v. CA, 189 SCRA 780)
STATUTORY LIENS AFFECTING REGISTERED
LAND Contracts are obligatory in whatever form provided
the essential requisites of consent, object and cause
of the obligation is established.

 Donation of real property must be in a public thing sold; in a contract to sell, ownership is,
instrument to be valid. For a mortgage to be by agreement, reserved in the vendor and is
validly constituted, the document must be not to pass to the vendee until full payment
recorded. of the purchase price.
 Agreements mentioned in the Statute of  Sale of real property in a public instrument is
Frauds, to be enforceable, must be in writing equivalent to the delivery thereof if the
and subscribed by the party charged. contrary does not appear.
 Sale of real estate is valid regardless of form
but is effective against third persons only Dacion en pago is the delivery and transmission of
from date of registration. ownership of a thing by the debtor to the creditor as
an accepted equivalent of the performance of the
Between two transactions concerning the same land, obligation.
the registered transaction prevails over the earlier
unregistered right. Registration in the public registry is notice to the
whole world.
Thus, where a purchaser files an adverse claim to Knowledge of an unregistered sale is equivalent to
registered land only after the same was already registration. (Fernandez v. CA, 189 SCRA 780)
mortgaged to the bank, upon the claim that he bought
the land ―long before‖ the mortgage, the right of the Between two transactions concerning the same land,
bank to the property is superior to that of the the registered transaction prevails over the earlier
purchaser. (Unchuan v. CA, 161 SCA 710) unregistered right. (Fudot v. Cattleya, 533 SCRA 350)
If two certificates of title purport to include the same VOLUNTARY AND INVOLUNTARY
land, the better approach is to trace the original REGISTRATION
certificates from which the certificates of titles were
derived. (Bangis v. Adolfo, GR No. 190875, June 13, Voluntary registration –the purchaser becomes the
2012) registered owner upon the filing and entry of the deed
sale in the day book, and the surrender of the owner‘s
Rule in case of sale of conjugal property duplicate certificate of title to the RD.
Under Article 124 of the Family Code, the sale of Involuntary registration –registration is complete
conjugal property requires the consent of both upon filing and entry of the order (e.g., of attachment,
husband and wife. levy upon execution, notice or lis pendens, etc.)in the
day book of the RD, without need of presenting the
The absence of consent of one renders the sale null owner‘s duplicate.
and void, including the portion pertaining to the
spouse who contracted the sale. (Guiang v. Court of In voluntary registration, such as a sale, mortgage,
Appeals, 353 Phil. 578) lease and the like,
 if the owner's duplicate certificate be not
Under Article 173 of the Civil Code, the disposition of surrendered and presented, or
conjugal property without the wife‘s consent is not  if no payment of registration fees be made
void but merely voidable, and the wife may within 10 within fifteen (15) days,
years ask the court for the annulment of the contract. entry in the day book of the deed of sale does not
operate to convey and affect the land sold.
Art. 161 of the Civil Code provides that the conjugal
partnership shall be liable for debts and obligations In involuntary registration, such as an attachment,
contracted by the wife for the benefit of the conjugal levy upon execution, lis pendens and the like, entry
partnership. (Alfredo v. Borras, 404 SCRA 145) thereof in the day book is a sufficient notice to all
 In a contract of sale, title to the property persons of such adverse claim. (Bulaong v. Gonzales,
passes to the vendee upon delivery of the GR No. 156318, Sept. 5, 2011)

REMEDIES Extrinsic fraud is the fraudulent act of the successful

party committed outsidethe trial of a case against the
REVIEW OF DECREE defeated party which prevented the latter from fairly
presenting his case.
In Eland Philippines v. Garcia, GR No. 173289, Feb.
17, 2010, the Court, citing Agcaoili, ―Property Intrinsic fraud refers to acts of a party in a litigation
Registration Decree and Related Laws‖, held: during the trial, such as the use of forged instruments
or perjured testimony, which did not affect the
Courts may reopen the proceedings where a petition presentation of the case, but did prevent a fair and
for review is filed within one year from the issuance of just determination of the case. (Palanca v. American
the decree of registration, based on actual or extrinsic Food Manufacturing, 24 SCRA 819)
fraud, and the property has not yet passed to an
innocent purchaser for value. Examples of extrinsic fraud
 Deliberate misrepresentation that the lot is
Requisites: not contested when in fact it is;
(a) Petitioner must have an interest in land;  Applying for land which the applicant knows
(b) Petition is based on actual or extrinsic fraud; had not been allotted to him in the partition;
(c) Petition is filed within one year from the issuance  Willfully misrepresenting that there are no
of the decree of registration; and other claims to the land;
(d) Property has not yet passed to innocent purchaser  Inducing a claimant not to oppose the
for value. (Walstrom v. Mapa, 314 Phil. 527) application.
Sec. 32, PD No. 1529: Review of Decree The overriding consideration is that the fraudulent
scheme prevented a party from having his day in
―The decree of registration shall not be reopened or court. The fraud is one that affects and goes into the
revised by reason of absence, minority, or other jurisdiction of the court.
disability of any person adversely affected thereby,
nor by any proceeding in any court for reversing ―Where the unsuccessful party had been prevented
judgments, subject, however, to the right of zany from exhibiting fully his case, by fraud or deception
person, including the government and the branches practiced on him by his opponent, as by keeping him
thereof, deprived of land or of any estate or interest away from court, a false promise of a compromise; or
therein by such adjudication of confirmation of title where the defendant never had knowledge of the suit,
obtained by actual fraud, to file in the proper Regional being kept in ignorance by the acts of the plaintiff; or
Trial Court a petition for reopening and review of the where an attorney fraudulently or without authority
decree of registration not later than one year from and assumes to represent a party and connives at his
after the date of the entry of such decree of defeat; or where the attorney regularly employed
registration, but in no case shall such petition be corruptly sells out his client's interest to the other side
entertained by the court where an innocent purchaser -these, and similar cases, x x x are reasons for which
for value has acquired the land or an interest therein, a new suit may be sustained to set aside and annul
whose rights may be prejudiced. Whenever the the former judgment or decree, and open the case for
phrase ‗innocent purchaser for value‘ or an equivalent a new and fair hearing.‖ . (Palanca v. American Food
phrase occurs in this Decree, it shall be deemed to Manufacturing, 24 SCRA 819)
include an innocent lessee, mortgagee, or other
encumbrancer for value. Upon the expiration of said ACTION FOR RECONVEYANCE
period of one year, the decree of registration and the
certificate of title shall become incontrovertible. Any An action for reconveyance is a legal and equitable
person aggrieved by such decree of registration in remedy granted to the rightful landowner, whose land
any case may pursue his remedy by action for was wrongfully or erroneously registered in the name
damages against the applicant or any other persons of another, to compel the registered owner to transfer
responsible for the fraud.‖ or reconvey the land to him.

The action respects the decree of registration as An action for reconveyance under a constructive
incontrovertible but seeks the transfer of property, implied trust in accordance with Article 1456 does not
wrongfully or erroneously registered in another prescribe unless and until the land is registered or the
person‘s name, to its rightful owner or a person who instrument affecting the same is inscribed in
has a better right. (Alde v. Bernal, GR No. 169336, accordance with law, inasmuch as it is what binds the
March 18, 2010; Ybañez v. IAC, 194 SCRA 793; land and operates constructive notice to the world.
Gonzales v. IAC, 157SCRA 587)
Thus, where the land is unregistered, it is from the
An action for reconveyance is an action in personam date of actual notice of the fraudulent sale that
and is filed as an ordinary action in the ordinary courts prescription began to toll. (Cabacungan v. Laigo, GR
of justice and not with the land registration court. A No. 175073, Aug. 15, 2011)
notice of lis pendens may be annotated on the
certificate of title immediately upon the institution of Facts: When Pacete procured OCT No. V-16654 in
the action in court. (Muñoz v. Yabut, GR No. 142676, 1961, the disputed lot was already in possession of
June 6, 2011). Asotigue, whose predecessor-in-interest, Sumagad,
had been occupying it since 1958. Is reconveyance
Article 434 of the Civil Code provides that to proper?
successfully maintain an action to recover the
ownership of a real property, the person who claims a Held: Yes. The registration of Asotigue's lot in favor
better right to it must prove two (2) things: first, the of Pacete, who neither possessed nor occupied the
identity of the land claimed; and second, his title lot, is wrongful. Inasmuch as Pacete had not yet
thereto. transferred the lot to an innocent purchaser for value,
an action for reconveyance is proper. Reconveyance
Requisites: is available not only to the legal owner of a property
1. The action is brought by the party in interest but also to the person with a better right than the
after one year from issuance of decree; person under whose name said property was
2. registration was procured through actual erroneously registered. (Pacete v. Asotigue, GR No.
fraud; 188575, Dec. 10, 2012)
3. the property has not yet passed to innocent
purchaser for value. In civil actions involving title to or interest in property,
jurisdiction rests with the RTC where the assessed
A party may file an action for reconveyance of the value of the property exceeds P20,000 (or, P50,000 in
property of which he has been illegally deprived even Metro Manila).
before the issuance of the decree. (Mun. of Hagonoy
v. Secretary, 73 SCRA 507) An action for reconveyance is an ordinary action
involving ―title‖ to land, and should be filed in the
If property is acquired through mistake or fraud, the ordinary courts where the land or portion thereof is
person obtaining it is, by force of law, considered a situated. (Sec. 1, Rule 4; Latorre v. Latorre, GR No.
trustee of an implied trust for the benefit of the person 183026, March 20, 2010; Republic v. Mangatora, GR
from whom the property comes. No. 170375, July 7, 2010)
An action for reconveyance based on implied trust The action is in personam and is binding only on
prescribes in 10 years as it is an obligation created by persons impleaded. (Ching v. CA, 181 SCRA 9)
law, to be counted from the date of issuance of the
Torrens title over the property. Quieting of title
This rule, however, applies only when the plaintiff or An action for reconveyance has sometimes been
the person enforcing the trust is not in possession of treated as an action to quiet title.
the property. (PNB v. Jumanoy, GR No. 169901, Aug.
3, 2011) Requisites:

1. Plaintiff has a legal or equitable title or the registration of the sale to defendant. (De la
interest in the property Calzada-Cierras v. CA, 212 SCRA 390)
2. The deed, claim, encumbrance or
proceeding claimed to be casting a cloud on The claimed owner of a lot failed to appear during the
his title must be shown to be invalid or cadastral proceedings, and brought action to question
inoperative despite its prima facie the judgment only 10 years later. (Gonzales v.
appearance of validity. (Philville Director of Lands, 52 Phil. 895)
Development and Housing Corporation v.
Bonifacio, GR No. 167391, June 8, 2011) Plaintiff did not present his claim against the estate of
the deceased wife but did so only four years later
Illustration: Jose who is an agent, in representation against the widower. (Yaptico v. Yulo, 57 Phil. 818)
of Pedro, sells the latter‘s house to Mario. The deed
of sale is executed in a public instrument and there is ACTION FOR DAMAGES
no indication that the authority of the agent is not in
writing. The deed of sale appears to be valid and After one year from the issuance of the decree, the
effective on its face. sole remedy of the aggrieved party is not to set aside
As the authority of Jose to sell is not in writing, the the decree but, respecting it as incontrovertible and
sale is void (Art. 1874, CC). Pedro can file a suit no longer open to review, to bring an ordinary action
against the buyer Mario to quiet his title. (Pineda, in the ordinary court for reconveyance. But if the
Property) property has passed into the hands of an innocent
purchaser for value, the remedy is an action for
Prescription of action for reconveyance damages.(Gonzales v. IAC, 157 SCRA 587)
1. Action based on fraud –4 years
2. Action based on implied trust –10 years Action for damages must be brought within ten (10
3. Action based on void contract – years) from issuance of the questioned certificate of
imprescriptible title. (Art.1144, CC)
4. Action to quiet title where plaintiff is in
possession –imprescriptible (See: Yared v. ACTION FOR REVERSION
Tiongco, GR No. 161360, Oct. 19, 2011;
Cabacungan v. Laigo, GR No. 175073, Aug. Reversion is an action filed by the government,
15, 2011) through the Office of the Solicitor General, to restore
public land fraudulently awarded and disposed of to
But laches may bar recovery. (Fernando v. Acuna, private individuals or corporations to the mass of the
GR No. 161030, Sept. 14, 2011; Lucas v. Gamponia, public domain. (Yujuico v. Republic, GR No. 168661,
100 Phil. 277) Oct. 26, 2007, citing Agcaoili, “Property Registration
Decree”)
Elements of laches:
1. Conduct of defendant giving rise to a Grounds: all cases where lands of the public domain
situation of which complaint is made and for are held in violation of the Constitution.
which the complainant seeks a remedy;
2. Delay in asserting complainant‘s rights The RTC may properly take cognizance of reversion
despite opportunity to do so; suits which do not call for an annulment of judgment
3. Lack of knowledge or notice on the part of of the RTC acting as a land registration court.
defendant that complainant would assert his
right; and Actions for cancellation of title and reversion belong to
4. Injury or prejudice to defendant if relief is the class of cases that "involve the title to, or
accorded complainant, or the suit is not held possession of, real property, or any interest therein"
to be barred. and where the assessed value of the property
exceeds P20,000.00 Batas Pambansa Blg. 129, Sec.
Petitioner‘s action to recover title and possession of 19 (2), fall under the jurisdiction of the RTC. (Republic
the disputed lot was made only after 12 years from

v. Roman Catholic Archbishop, GR No. 192975, Nov. Where two titles are issued for the same lot, the
12, 2012; Santos v. CA, 214 SCRA 162) earlier in date prevails. (Pajomayo v. Manipon, 39
SCRA 676)
All actions for the reversion to the Government of
lands of the public domain or improvements thereon Land does not revert to the State but is declared as
shall be instituted by the Solicitor General or the lawfully belonging to the party whose title is superior
officer acting in his stead, in the proper courts, in the over the other.
name of the Republic of the Philippines. (Sec. 101,
PLA) But the State is vested with personality to file this
action to protect public interest and safeguard the
Unless and until the land is reverted to the State by Assurance Fund
virtue of a judgment of a court of law in a direct
proceeding for reversion, the Torrens certificate of title If land covered by free patent was a private land, the
thereto remains valid and binding against the whole Director of Lands has no jurisdiction over it. Such free
world. (Tolentino v. Laurel, GR No. 181368, Feb.22, patent and the certificate of title issued pursuant
2012) thereto are a nullity. The aggrieved party may initiate
an action for cancellation of such title.
State not bound by prescription
The Director of Lands has no authority to grant free
Under Sec. 91 of the Public Land Act (CA No. 141), patent to lands that have ceased to be public in
the LMB Director has continuing authority to conduct character and have passed to private ownership.
investigation to determine whether or not public land Consequently, a certificate of title issued pursuant to
has been fraudulently awarded or titled to the end that a free or homestead patent partakes of the nature of a
the corresponding certificate of title be cancelled and certificate issued in a judicial proceeding only if the
the land reverted to the mass public domain. (Piñero land covered by it is really a part of the disposable
v. Director of Lands, 57 SCRA 386) land of the public domain. (Pabaus v. Yutiamco, GR
No. 164356, July 27, 2011, citing De Guzman v.
The indefeasibility of a title is not a bar to an Agbagala, 546 SCRA 278)
investigation by the State as to how such title has
been acquired. (Cavile v. Litania-Hong, 581 SCRA ANNULMENT OF JUDGMENT
408)
This is an extraordinary remedy filed with the Court of
But where the title of an innocent purchaser for value Appeals under Rule 47 of the Rules of Court, where
was sought to be cancelled, it was held that ―it is only the ordinary remedies of new trial, appeal, petition for
fair and reasonable to apply the equitable principle of relief or other appropriate remedies are no longer
estoppel by laches against the government,‖ and also available through no fault of the petitioner.
the principle of res judicata.(Yujuico v. Republic, GR
No. 168661, Oct. 26, 2007) Judgments or orders of quasi-judicial bodies, e.g.,
NLRC or DARAB, are not covered by petitions for
Neither may the titleholder be made to bear the annulment.
unfavorable effect of the mistake or negligence of the
State‘s agents (in approving the subdivision plan) in Reversion suits were originally filed with the RTC to
the absence of proof of complicity in a fraud or of annul titles or patents administratively issued by the
manifest damage to third persons. (Republic v. CA LMB.
and Santos, 301 SCRA 366)
But with the effectivity of BP Blg. 129 which gave the
ACTION FOR CANCELLATION OF TITLE Intermediate Appellate Court (IAC) jurisdiction over
actions for annulment judgments of RTCs, the Rules
It is an action initiated by a private party usually in a of Court promulgated on July 1, 1997 incorporated
case where two titles are issued for the same lot. Rule 47 on annulment of judgments or final orders of
the RTCs. (Yujuico v. Republic, 537 SCRA 513)

District No. XII-3, Marawi City, was not presented in

Grounds for annulment: court to testify on the due issuance of the certification,
(a) Action is based on extrinsic fraud, filed within four and to testify on the details of his certification,
(4) years from discovery; particularly the reason why the said office had no
(b) Lack of jurisdiction over the person of the records of the data contained in OCT No. P-658 or to
defendant/respondent or over the subject matter of testify on the fact of fraud, if any.
the action. (Alcazarv. Arante, GR No. 177042, Dec.
10, 2012; Bulawanv. Aquende, GR No. 182819, June Allegations of actual fraud
22, 2011)  "the auction sale of the land is null and void
for lack of actual and personal notice to
If based on lack of jurisdiction, petitioner need not herein petitioner";
allege that the ordinary remedies of new trial or  ―the RTC did not comply with the procedure
appeal are no longer available through no fault of his. prescribed in Section 71, PD No. 1529
requiring notice by the Register of Deeds to
If ground is lack of jurisdiction, another remedy is the registered owner as to the issuance of a
certiorari under Rule 65 where the CA and SC have certificate of sale‖;
concurrent jurisdiction.  ―Petitioner was not afforded due process
when she was not notified of the
―Since the petitioners never alleged that the National proceedings instituted by respondent for the
Airports Corporation acted with bad faith when it cancellation of her title.‖ (Castigador v.
registered the lots in its name, the presumption of Nicolas, GR No. 184023, March 4, 2013)
good faith prevails. Consequently, the National  Fraud is extrinsic where it prevents a party
Airports Corporation, being a registrant in good faith, from having a trial or from presenting his
is recognized as the rightful owner of the lots in entire case to the court, or where it operates
question, and the registration of the properties in its upon matters pertaining not to the judgment
name cut off any and all prior liens, interests and itself but to the manner in which it is
encumbrances, including the alleged prior sale to procured.
Cobarde, that were not recorded on the titles..
.. In a case for annulment of title, the complaint must Lack of Jurisdiction – Illustrative Cases
allege that the purchaser was aware of the defect in
the title so that the cause of action against him will be Camitan v. Fidelity Investment(551 SCRA 540) –
sufficient. Failure to do so is fatal since the court where the owner‘s duplicate has not been lost but is
cannot render a valid judgment against the purchaser in fact existing, the reconstituted title is null and void
who is presumed to be in good faith in acquiring the since the court never acquired jurisdiction over the
said property. Failure to prove, much less impute, bad petition for reconstitution.
faith on said purchaser who has acquired a title in his
favor would make it impossible for the court to render If the petition is based on extrinsic fraud, the remedy
a valid judgment thereon due to the indefeasibility and is subject to a condition precedent, i.e., that the
conclusiveness of his title.‖ (Cabigas v. Limbaco, GR ordinary remedies of new trial, appeal, petition fort
No. 175291, July 27, 2011) relief are no longer available through no fault of
petitioner.
Fraud and misrepresentation, as grounds for
cancellation of patent and annulment of title, should ―Grave abuse of discretion‖is not a proper ground for
never be presumed, but must be proved by clear and petition for annulment of judgment. (Antonino v. RD,
convincing evidence, mere preponderance of GR No. 185663, June 20, 2012)
evidence not being adequate. Fraud is a question of
fact which must be proved. The judgment of the CA shall set aside the
questioned judgment, which is void for lack of
In Sampaco v. Lantud, GR No. 163551, July 18, jurisdiction, without prejudice to the original action
2011, the signatory of the certification, Datu Samra being refiled in the proper court.
Andam, A/Adm. Assistant II, Natural Resources

However, where the judgment or final order is set mistake or misfeasance of persons other than court
aside on the ground of extrinsic fraud, the CA may, on personnel, the RD or employees of the registry.
motion, order the trial court to try the case as if a
timely motion for new trial had been granted therein. The plaintiff must be the registered owner, or as to
(Sec. 7, Rule 47) holders of transfer certificates of title, that they are
innocent purchasers in good faith and for value.
RECOVERY OF DAMAGES FROM THE
ASSURANCE FUND Action does not lie where the damage or deprivation
of any right or interest in the land was caused by a
A person who sustains loss or damage, or is deprived breach of trust, express or implied.
of any land or interest therein by the operation of the
Torrens system after original registration, without The person who claims damages should not have
negligence on his part, is entitled to recover damages been negligent in acquiring the property or in
from the Assurance Fund. (Sec. 95, PD No. 1529) obtaining registration thereof in his name (as where
 But the plaintiff who holds a certificate of title he is aware of a notice of lis pendens affecting the
must be an innocent purchaser for value. property)
 The action must be brought within 6 years
from the time right of action accrues Illustrative cases:
Requisites for recovery as to any person who National Treasurer v. Perez (131 SCRA 264) –where
sustains loss or damage: respondent could not be awarded damages since the
1. No negligence on his part, and donation to him was not executed with the formalities
2. Loss or damage was through the omission or of a will and therefore could not have transferred to
mistake of the court personnel, or the him ownership of the property.
Register of Deeds or other employees of the
Registry in the performance of their duties. Treasurer of the Philippines v. CA (153 SCRA 3590) –
where respondents acquired no land or any interest in
Requisites for recovery as to any person deprived the land as a result of the invalid sale to them by the
of any land or interest in the land: impostor Lawaan Lopez who had no title or interest to
1. No negligence on his part; transfer.
2. He was deprived of land or interest therein
by the registration by any other person as La Urbana v. Bernardo (62 Phil. 790) –where, having
owner of such land; or by mistake, omission knowledge of the pending litigation and notice of lis
or misdescription in any owner‘s duplicate pendens affecting the land, it nevertheless proceeded
certificate, or in any memorandum in the to take the risk of purchasing property in litigation.
register, or by any cancellation; and
3. He is barred from bringing an action for the Fraginal v. Parañal (516 SCA 530) –where property
recovery of such land or interest therein. sold to petitioner was a prime land which has been
the subject of successive transfers with ―unusual
Defendants in an action against the AF haste‖ which should have triggered petitioner‘s
curiosity.
The Register of Deeds and National Treasurer -when
the action is for recovery for loss or damage of for CRIMINAL PROSECUTION
deprivation of land or interest therein through fraud,
negligence, omission, mistake or misfeasance of the The State may criminally prosecute for perjury the
court personnel, the RD or employees of the registry; party who obtains registration through fraud, such as
by stating false assertions in the application for
The Register of Deeds, the National Treasurer and registration, sworn answer, or application for public
other persons –for loss or damage or deprivation of land patent.
land or interest therein through fraud, negligence,

Sec. 91 of the PLA provides that ―the statements sale arising therefrom are given effect by reason of
made in the application shall be considered as public policy.
essential conditions and parts of any concession, title,
or permit issued on the basis of such application, and Doctrine of “morgagee in good faith” not
any false statement therein or omission of facts x x x applicable to banks
shall ipso facto produce the cancellation of the
concession, title, or permit granted.‖ It has been consistently held that the rule does not
apply to banks, which are required to observe a
INNOCENT PURCHASER FOR VALUE higher standard of diligence. A bank whose business
is impressed with public interest is expected to
An innocent purchaser for value is one who buys exercise more care and prudence in its dealings than
the property of another without notice that some other a private individual, even in cases involving registered
person has a right to or interest in it, and who pays a lands. A bank cannot assume that, simply because
full and fair price at the time of the purchase or before the title offered as security is on its face free of any
receiving any notice of another person‘s claim. (Yared encumbrances or lien, it is relieved of the
v. Tiongco, GR No. 161360, Oct. 19, 2011; Rosales v. responsibility of taking further steps to verify the title
Burgos, 577 SCA 264) and inspect the properties to be mortgaged. (LBP v.
Poblete, supra)
No petition for review shall be entertained by the court
where an innocent purchaser for value has acquired In LBP v. Poblete, supra, the Court held that LBP is
the land or an interest therein. (Sec. 32, PD 1529) not a mortgagee in good faith because it processed
Maniego‘s application upon presentation of OCT No.
“Innocent purchaser for value” includes innocent P-12026, which was still in the name of Poblete. It
mortgagee also ignored the fact that a certain Kapantay had
previously used Poblete's title as collateral in its loan
The phrase ―innocent purchaser for value‖ in Sec. 32 account with LBP.
of the Property Registration Decree includes an
innocent lessee, mortgagee, or other encumbrancer ―When the person applying for the loan is other than
for value. (Unchuan v. Court of Appeals, GR No. the registered owner of the real property being
78775, May 31, 1988, 161 SCA 710) mortgaged, [such fact] should have already induced
the Bank to make inquiries into and confirm [the]
Good faith, or the lack of it, is a question of intention. authority to mortgage . . . . A person who deliberately
In ascertaining intention, courts are necessarily ignores a significant fact that could create suspicion in
controlled by the evidence as to the conduct and an otherwise reasonable person is not an innocent
outward acts by which alone the inward motive may, purchaser for value.‖(Citing Bank of Commerce v.
with safety, be determined. (LBP v. Poblete, GR No. San Pablo, GR No. 167848, 27 April 2007)
196577, Feb. 25, 2013)
Acts showing the bank’s lack of diligence
Doctrine of “mortgagee in good faith”
 Where the bank did not investigate the
In LBP v. Poblete, GR No. 196577, Feb. 25, 2013, the property to ascertain its actual occupants. (It
Court explained the doctrine of ―mortgagee in good is the standard practice of banks, before
faith" as one based on the rule that buyers or approving a loan, to send representatives to
mortgagees dealing with property covered by a the premises of the land to investigate its
Torrens certificate of title are not required to go real owners)
beyond what appears on the face of the title.
 Where the bank‘s representative
Thus, despite the fact that the mortgagor is not the concentrated only on the appraisal of the
owner of the mortgaged property, his title being property and failed to inquire as to who were
fraudulent, the mortgage contract and any foreclosure the then occupants of the property.

 Where the bank acted with haste in granting One can sell only what one owns or is authorized to
the mortgage loan and did not ascertain the sell, and the buyer can acquire no more than what the
ownership of the land being mortgaged, as seller can transfer legally.
well as the authority of the supposed agent
executing the mortgage. (LBP v. Poblete, Prior est temporae, prior est in jura
supra)
He who is first in right is preferred in right.
Every person dealing with registered land has a right
to rely on the correctness of the title and is not obliged Thus, when the thing sold is an immovable, the one
to go beyond the certificate to determine the condition who acquires it and first records it in the Registry of
of the property. (Unchuan v. CA, 161 SCRA 710) Property, both made in good faith, shall be deemed
But one who buys from one who is not the registered the owner.
owner is expected to examine not only the certificate
of title but all factual circumstances necessary to A certificate of title is not conclusive where it is the
determine if there are any flaws in the title of the product of faulty or fraudulent registration. (Widows
transferor. (Cabigas v. Limbaco, GR No. 175291, July and Orphans Association, Inc. v. Court of Appeals,
27, 2011) 201 SCRA 165)
In a series of transfers, it is enough that the buyer Where the inclusion of land in the certificate of prior
examines the latest certificate of title and need not date is a mistake, the mistake may be rectified by
scrutinize each and every title that preceded it. holding the latter of two certificates to be conclusive.
(Tajonera v. CA, 103 SCRA 467) (Legarda v. Saleeby, 31 Phil. 590)
But under the rule of caveat emptor (buyer beware), The rule that where two certificates purport to include
one who buys without checking the vendor‘s title the same land, the earlier in date prevails, is valid
takes all the risks and losses consequent to such only absent any anomaly or irregularity tainting the
failure. (Dacasin v. CA, 80 SCRA 89) process of registration. (Mathay v. Court of Appeals,
295 SCRA 556)
A mortgage is invalid even in the hands of an
innocent mortgagee where the title covers non- Under Sec. 32, PD No. 1529, rule of good faith
registrable land. (LBP v. Republic, 543 SCRA 453) equally applies to mortgagees or other
encumbrancers for value
―Under the Torrens system of land registration, the
registered owner of realty cannot be deprived of her Thus, where the Torrens title was issued through
property through fraud, unless a transferee acquires regular registration proceedings, a subsequent order
the property as an innocent purchaser for value.. for the cancellation nullification of the title is not a
..But a transferee who acquires the property covered ground for nullifying the mortgage rights of the bank.
by a reissued owner's copy of the certificate of title (St. Dominic v. IAC, 151 SCRA 577)
without taking the ordinary precautions of honest
persons in doing business and examining the records The right or lien of an innocent mortgagee must be
of the proper Registry of Deeds, or who fails to pay respected even if the mortgagor obtained his title
the full market value of the property is not considered through fraud. (Blanco v. Esquierdo, 110 Phil. 494)
an innocent purchaser for value. (Cusi v. Domingo,
GR No. 195825, Feb. 27, 2013) "The certificate of title was in the name of the
mortgagor when the land was mortgaged to the PNB.
Nemo dat quod non habet Such being the case, petitioner PNB had the right to
rely on what appeared on the certificate of title, and in
No one can give what one does not have. the absence of anything to excite suspicion, it was
under no obligation to look beyond the certificate and
investigate the title of the mortgagor appearing on the
face of the certificate." (Citing Gonzales vs.

Intermediate Appellate Court, 157 SCRA 587; Phil. issued in the impostor's own name. This issuance in
Coop. Bank vs. Carangdang, 139 SCRA 570; the impostor's own name was followed by the
Penullar vs. PNB, 120 SCRA 171) issuance of yet another TCT in favor of a third party,
supposedly the buyer of the impostor. In turn, the
"The right or lien of an innocent mortgagee for value impostor's transferee (already the registered owner in
upon the land mortgaged must be respected and his own name) mortgaged the property to Spouses
protected, even if the mortgagor obtained his title Miguel and Adela Lazaro, who then caused the
through fraud.. annotation of the mortgage on the TCT. All the while,
..The remedy of the persons prejudiced is to bring an the original duplicate owner's copy of the TCT
action for damages against those who caused the remained in the hands of an heir of the deceased
fraud, and if the latter are insolvent, an action against registered owners with his co-heirs' knowledge and
the Treasurer of the Philippines may be filed for consent. .
recovery of damages against the Assurance Fund.― ..The Lazaros, as the mortgagees, claimed good faith,
(Citing Blanco v. Esquierdo, 110 Phil. 494) and urged the Court to find in their favor. But the
Court held instead that since the title of the property
Banks required to exercise greater care mortgaged to the Lazaros was a second owner's
duplicate TCT, which is, in effect a reconstituted title,
But unlike private individuals, banks (and other and hence, this circumstance should have alerted
persons engaged in lending money) are expected to them to make the necessary investigation, but they
exercise greater care and prudence in their dealings did not. ― (Cusi v. Domingo,GR No. 195825, Feb. 27,
for their business is imbued with public interest. (PNB 2013)
v. Jumanoy, GR No. 169901, Aug. 3, 2011;
Metrobank v. SLGT Holdings, 533 SCRA 516; Cruz v.
Bancom Finance, 379 SCRA 490; Philippine Trust A deed of sale which was absolutely simulated is null
Company v. Court of Appeals, GR No. 150318, Nov. and void and does not convey any right that could
2010) ripen into valid title; there being no valid mortgage,
there could be no valid foreclosure, and the bank
This principle equally applies to realty corporations cannot be considered as a mortgagee in good faith.
because of the nature of their business. (Sunshine
Finance v. IAC, GR No. 74070, Oct. 28, 1991) But where title was issued through regular
proceedings and was given as security for a bank
Imbued with public interest, banks "are expected to loan, the subsequent declaration of the title as null
be more cautious than ordinary individuals.‖ and void is not a ground for nullifying the mortgage
rights of the bank. (St. Dominic Corp. V. IAC, 151
Thus, before approving a loan, the standard practice SCRA 577; Blanco v. Esquierdo, 110 Phil. 494)
for banks and other financial institutions is to conduct
an ocular inspection of the property offered to be Forged deed is a nullity
mortgaged and verify the genuineness of the title to
determine the real owner or owners thereof. Generally, a forged deed is a nullity and conveys no
title, even if accompanied by the owner‘s duplicate
Failure to do so makes them mortgagees in bad faith. certificate of title. (Joaquin v. Madrid, 106 Phil. 1060)
(Alano v. Planter’s Development Bank, GR No.
171628, June 13, 2011) The registered owner does not lose his title, and
neither does the assignee or mortgagee acquire any
―An impostor succeeded in tricking a court of law into right to the property. (Bernales v. Sambaan, 610
granting his petition for the issuance of a duplicate SCRA 90)
owner's copy of the supposedly lost TCT. The
impostor then had the TCT cancelled by presenting a The innocent purchaser for value protected by law is
purported deed of sale between him and the one who purchases a titled land by a virtue of a deed
registered owners, both of whom had already been executed by the registered owner himself, not by a
dead for some time, and another TCT was then forged deed.

certificate of title and acquired rights over the property

―A forged or fraudulent deed is a nullity and conveys covered thereby cannot be disregarded and the
no title. Where the deed of sale states that the courts cannot order the cancellation of such certificate
purchase price has been paid but in fact has never for that would impair or erode public confidence in the
been paid, the deed of sale is void ab initio for lack of Torrens system of land registration.‖(Muñoz v. Yabut,
consideration. Since the deed is void, the GR No. 142676, June 6, 2011)
corresponding title issued to the vendee pursuant to
the same deed is likewise void.. General Incidents of Registered Land
..When the instrument presented for registration is
forged, even if accompanied by the owner's duplicate ―Every registered owner receiving a certificate of title
certificate of title, the registered owner does not in pursuance of a decree of registration, and every
thereby lose his title, and neither does the mortgagee subsequent purchaser of registered land taking a
acquire any right or title to the property. It is essential certificate of title for value and in good faith, shall hold
that the mortgagor be the absolute owner of the the same free from all encumbrances except those
property to be mortgaged; otherwise, the mortgage is noted in said certificate.‖(Sec. 44, PD 1529)
void.‖ (LBP v. Poblete, GR No. 196577, Feb.25, 2013)
The phrase ―innocent purchaser for value‖ includes an
Sec. 53 of PD No. 1529 provides that the subsequent innocent lessee, mortgagee, or other encumbrancer
registration of title procured by the presentation of a for value. (Unchuan v. CA, 161 SCRA 710)
forged deed or other instrument is null and void.
Thus, the subsequent issuance of TCT No. Statutory liens
195812 gave the petitioner no better right than the
tainted registration which was the basis for the Every registered owner and every subsequent
issuance of the same title. (Leoveras v. Valdez, purchaser for value and in good faith shall hold the
GR No. 169985, June 15, 2011) same free from all encumbrances (Casimiro
Development Corp. v. Mateo, GR No. 175485, July
But a forged deed may become the root of a valid 27, 2011) except those noted in the certificate and
title any of the following:
liens, claims or rights under the Constitution and
A forged deed may become the root of a valid title in a laws; unpaid real estate taxes; any public highway
bona fide purchaser if the certificate has already been or private way established by law; any disposition
transferred from the name of the true owner to the of the property or limitation on the use thereof by
name of the forger or the name indicated by the virtue of PD 27 or any law on agrarian reform.
forger, and while it remained that way, the land was (Sec. 44, PD 1529)
subsequently sold to an innocent purchaser for value.
(Solivel v. Francisco, 170 SCRA 218) Lien
For then the vendee had the right to rely upon what Is a charge on property usually for the payment of
appeared in the certificate. (Guaranteed Homes v. some debt or obligation. It signifies a legal claim or
Valdez, 577 SCRA 441) charge on property, either real or personal, as a
collateral or security for the payment of some debt or
―A void title may become the root of a valid title if the obligation.
derivative title was obtained in good faith and for
value. Following the principle of indefeasibility of a Encumbrance
Torrens title, every person dealing with registered
lands may safely rely on the correctness of the Is a burden upon land depreciative of its value, such
certificate of title of the vendor/transferor, and he is as a lien, easement, or servitude, which, though
not required to go beyond the certificate and inquire adverse to the interest of the landowner, does not
into the circumstances culminating in the vendor's conflict with his conveyance of the land in fee, e.g., a
acquisition of the property. The rights of innocent third mortgage, judgment lien, lease, security interest,
persons who relied on the correctness of the easement or right of way, accrued and unpaid taxes.

Illustrative cases: REGISTERED LAND NOT SUBJECT TO

COLLATERAL ATTACK
Alienable public lands donated, granted or held by a
branch or subdivision of the government cannot be A certificate of title cannot be altered, modified or
alienated unless authorized by Congress. (Chavez v. cancelled except in a direct proceeding filed with the
PEA, 384 SCRA 152) RTC (Sec. 48, PD 1529; Manotok v. Barque, 582
SCRA 583)
Section 44 which subjects the certificate of title to
public servitudes which may be subsisting, does not Direct attack: when the object of the action is to
apply, say, in the case of a road constructed annul or set aside the judgment, or enjoin its
subsequent to the acquisition of the land. (Dirgran v. enforcement.
Auditor General, 16 SCRA 762)
Collateral attack: in an action to obtain a different
Secs. 118 and 122 of the Public Land Act provide relief, an attack on the judgment is nevertheless made
limitations on the right of the homestead or free as an incident thereto.
patentee to alienate the land subject of the patent.
A direct attack on title is proper in a counterclaim
REGISTERED LAND NOT SUBJECT TO (Leyson v. Bontuyan, 452 SCRA 94).
PRESCRIPTION
Illustrative cases:
―No title to registered land in derogation of the title of Director of Lands v. Gan Tan (89 Phil. 184) -where
the registered owner shall be acquired by prescription the decision of the lower court denying reconstitution
or adverse possession.‖(Sec. 47, PD 1529) because petitioner is allegedly an alien was reversed,
the Supreme Court holding that the issue is a
Title to land, once registered, is imprescriptible. It may collateral attack on the title and should be raised only
not be lost by adverse, open and notorious a direct action.
possession. Prescription is unavailing not only against
the registered owner but also against his hereditary Oño v. Lim (614 SCRA 514) – where it was held that
successors. there is no collateral attack when respondent asserted
that the title in the name of petitioner‘s predecessor
The right to recover possession of registered property had become inoperative due to the prior conveyance
is equally imprescriptible since possession is a mere of the land in favor of respondent‘s mother.
consequence of ownership. (Repulic v. Mendoza, GR
No. 185091, Aug. 8, 2010) Section 48 of Presidential Decree No. 1529, also
known as the Property Registration Decree, provides
A registered owner may be barred from that "[a] certificate of title shall not be subject to
recovering possession by virtue of laches collateral attack [. . . and] cannot be altered, modified,
or cancelled except in a direct proceeding in
In Panganiban v. Gamponia (100 Phil. 277), accordance with law". Clearly, the cancellation of the
petitioners, for 45 years, did nothing to assert their Manotok title cannot arise incidentally from the
right of ownership and were barred from recovering administrative proceeding for reconstitution of the
possession of the property. Barque title even if the evidence from that proceeding
revealed the Manotok title as fake. Nor could it have
In Agne v. Director of Lands (181 SCRA 7090), the emerged incidentally in the appellate review of the
registered owner‘s right to recover possession was LRA's administrative proceeding. (Manotok v. Barque,
lost by inaction for almost 30 years. GR No. 162335, Dec.18, 2008)
In Golloy v. CA (173 SCRA 26), while the lot was ADVERSE CLAIM
registered in the name of respondent, petitioners
acquired title thereto by possession for 50 years.

―Whoever claims any part or interest in registered A notice of levy and subsequent sale of property
land adverse to the registered owner, arising cannot prevail over an existing adverse claim earlier
subsequent to the original registration, may, if no inscribed on the certificate of title covering it.
other provision is made in this Decree for registering (Martinez v. Garcia, 611 SCRA 537)
the same, make a statement in writing setting forth
fully his alleged right or interest, and how or under The Register of Deeds cannot unilaterally cancel the
whom acquired, a reference to the number of the adverse claim. There must be a hearing for the
certificate of title of the registered owner, the name of purpose. This is in line with the provision ―that after
the registered owner, and a description of the land in cancellation, no second adverse claim shall be
which the right or interest is claimed.‖(Sec. 70, PD registered by the same claimant. (Sanjonas v. CA,
1529) 258 SCRA 79)
A person who claims an interest in registered land That the foreclosure of mortgage was effected after
adverse to the registered owner may make a the annotation of the adverse claim is of no moment
statement under oath setting forth his alleged right or since the foreclosure retroacts to the date of
interest and how acquired, the number of the registration of the mortgage. (Limpin v. IAC, 166
certificate of title, name of the registered owner and a SCRA 87)
description of the land.
Adverse claim is proper where there is no other
The statement shall be registered as an adverse provision of law for the registration of claimant‘s
claim and shall be effective for 30 days. alleged right or interest in the property.
 A notice of levy cannot prevail over an
The annotation may be cancelled upon the filing of a existing adverse claim inscribed in the
verified petition by the party in interest. (Sec. 70, PD certificate of title.
1529)  A claim which arose priorto the date of the
original registration cannot be entered as
An adverse claim is designed to protect the right or adverse claim.
interest of a person over a piece of real property and  Where the claim is based on a perfected
serves as a notice to third persons that someone is contract of sale by the owner of the land, the
claiming an interest in the land or a better right thereto procedure is to register the contract so that a
than the registered owner. (Martinez v. Garcia, GR new transfer certificate of title is issued to the
No. 166536, Feb. 4, 2010) vendee-claimant. (Sec. 57, PD No. 1529)
An adverse claim based on prescription and adverse A mortgage is valid as between the parties even if
possession cannot be registered because, under Sec. unregistered, but registration of a mortgage is
47, no title to registered land shall be acquired by indispensable to bind third parties.
prescription or adverse possession. (Estella v.
Register of Deeds, 106 Phil. 911) Prior registration of an adverse claim or notice of lis
pendens creates a preference as against a mortgage
A sale of land may not be annotated as an adverse registered later. The subsequent registration of a prior
claim because the law prescribes the remedy of mortgage does not diminish this preference, which
registration of the sale and the issuance to the retroacts to the date of the notice of adverse claim or
vendee of a transfer certificate of title. (RD v. lis pendens. (Cruz v. Bancom Finance Corporation,
Nicandro, 111 Phil. 989; Sec. 57, PD 1529) GR No. 147788, March 19, 2002)
The hereditary rights or a person registered An adverse claim is effective for thirty days; but it is
fraudulently in her sister‘s name is registrable as an not ipso facto cancelled after said period -a separate
adverse claim. (Gabriel v. Register of Deeds, 9 SCRA petition is necessary. (Sajonas v. Court of Appeals,
136) GR No. 102377, July 5, 1996)

The RD cannot unilaterally cancel the adverse claim. thereof in the day book is a sufficient notice to all
There must be a hearing for the purpose. (Diaz- persons of such adverse claim. (Bulaong v. Gonzales,
Duarte v. Ong, 298 SCRA 388) GR No. 156318, Sept. 5, 2011)
The adverse claim may be cancelled if it is frivolous Mortgage lien follows the property mortgaged
or vexatious, in which case damages may be
adjudged against the adverse claimant. Any lien annotated on the previous certificates of title
SURRENDER OF CERTIFICATE IN INVOLUNTARY which subsists should be incorporated in or carried
DEALINGS over to the new transfer certificates of title. This is true
even in the case of a real estate mortgage because
Court may compel surrender of withheld pursuant to Art. 2126 of the Civil Code it directly and
certificate immediately subjects the property upon which it is
imposed, whoever the possessor may be, to the
If an attachment or other lien in the nature of an fulfillment of the obligation for whose security it was
involuntary dealing is registered and the duplicate constituted.
certificate is not presented, the Register of Deeds
shall, within 36 hours, request the registered owner to It is inseparable from the property mortgaged as it is a
produce his duplicate certificate. If he refuses to right in rem—a lien on the property whoever its owner
comply within a reasonable time, the RD shall report may be. Thus, all subsequent purchasers must
the matter to the court which shall, after notice, issue respect the mortgage whether the transfer to them be
an order for the owner to produce his certificate at the with or without the consent of the mortgagee, for such
time and place stated and may enforce the order by mortgage until discharged follows the property. (Ligon
suitable process. (Sec. 71, PD 1529) v. CA, supra)
―In an action for specific performance with damages SURRENDER OF WITHHELD CERTIFICATE
based on a contract of sale, a motion may be filed by
the purchaser for the issuance of an order to compel ―Sec. 107. Surrender of withheld duplicate certificates.
the holder of the duplicate certificate of title to -Where it is necessary to issue a new certificate
surrender the same to the RD.. pursuant to any involuntary instrument which divests
..Even while Sec. 107 of PD 1529 speaks of a petition the title of the registered owner or where a voluntary
which can be filed by one who wants to compel instrument cannot be registered because of the
another to surrender the certificates of title to the RD, refusal of the holder to surrender the owner‘s
this does not preclude a party to a pending case to duplicate certificate, the party in interest may file a
include as incident therein the relief stated under Sec. petition the court to compel surrender of the same to
107, especially if the subject certificates of title to be the Register of Deeds. The court, after hearing, may
surrendered are intimately connected with the subject order the registered owner or any person withholding
matter of the principal action. This principle is based the duplicate certificate to surrender the same, and
on expediency.‖ (Ligon v. CA, GR No. 107751, June direct the entry of a new certificate or memorandum
1, 1995) upon such surrender. If the person withholding the
certificate is not amenable to the process of the court,
Voluntary and Involuntary Registration or if for any reason the outstanding owner‘s duplicate
certificate cannot be delivered, the court may order
In voluntary registration, such as a sale, mortgage, the annulment of the same as well the issuance of a
lease and the like, if the owner's duplicate certificate new certificate of title in lieu thereof. Such new
be not surrendered and presented or if no payment of certificate and all duplicates thereof shall contain a
registration fees be made within fifteen (15) days, memorandum of the annulment of the outstanding
entry in the day book of the deed of sale does not duplicate.‖ (Section 107, P.D. 1529)
operate to convey and affect the land sold.
Q: In implementing the involuntary transfer of title
In involuntary registration, such as an attachment, of real property levied and sold on execution, is it
levy upon execution, lis pendens and the like, entry enough for the executing party to file a motion

with the court which rendered judgment, or does The notice of lis pendens hereinabove mentioned
he need to file a separate action with the Regional may be cancelled only upon order of the court, after
Trial Court? proper showing that the notice is for the purpose of
molesting the adverse party, or that it is not necessary
A: The proper course of action is to file a petition in to protect the rights of the party who caused it to be
court, rather than merely move, for the issuance of recorded."
new titles. This is to afford due process to the
registered landowner. (Reyes v. Tang Soat Ing, GR A notice of lispendens is availed of mainly in real
No. 185620, Dec. 14, 2011; Padilla v. Philippine actions. These actions are:
Producers’ Cooperative Marketing Association, GR (a) An action to recover possession of real estate;
No. 141256, Sept. 18, 1995) (b) An action for partition; and
(c) Any other court proceedings that directly affect the
NOTICE OF LIS PENDENS title to the land or the building thereon or the use or
the occupation thereof.
Lis pendens, which literally means pending suit,
refers to the jurisdiction, power or control which a Additionally, the annotation of lispendens also applies
court acquires over property involved in a suit, to suits seeking to establish a right to, or an equitable
pending the continuance of the action, and until final estate or interest in, a specific real property, or to
judgment. enforce a lien, a charge or an encumbrance against it.
Lis pendens is intended: But it does not apply to actions involving title to or any
(1) to keep the properties in litigation within the power right or interest in, personal property, such as the
of the court until the litigation is terminated and to subject membership shares in a private non-stock
prevent the defeat of the judgment or decree by corporation. (Mr Holdings v. Bajar, supra)
subsequent alienation; and
(2) to announce to the whole world that a particular Lis pendens is not proper in an action for sum of
property is in litigation and serves as a warning that money
one who acquires an interest over said property does
so at his own risk, or that he gambles on the result of ―A notice of lis pendens annotated on the cancelled
the litigation over said property. (Mr Holdings, Ltd. v. TCT No. 170213 and carried over to Tan's TCT No.
Bajar, GR No. 153478, Oct. 10, 2012) 10206 conferred upon RAM no rights over the subject
property as well as petitioner, its successor-in-
A notice of lis pendens is governed by Sec. 14, interest, since CC No. 67381, which RAM,
Rule 13, 1997 Rules of Civil Procedure predecessor-in-interest of petitioner, instituted against
―SEC. 14. Notice of lis pendens. —In an action Zeñarosa was for collection of sum of money with
affecting the title or the right of possession of real damages —a purely personal action.
property, the plaintiff and the defendant, when
affirmative relief is claimed in his answer, may record Hence, the subsequent levy on execution on October
in the office of the registry of deeds of the province in 14, 2004 arising from the final money judgment in
which the property is situated a notice of the favor of petitioner cannot prevail over the earlier
pendency of the action. Said notice shall contain the annotated attachment made by Lorenzo on
names of the parties and the object of the action or September 30, 2002 and its subsequent notice of levy
defense, and a description of the property in that on execution and sale of the property to respondents
province affected thereby. Only from the time of filing on January 30, 2004, who then took possession.
such notice for record shall a purchaser, or (Gagoomal v. Villacorta, GR No. Jan. 18, 2012)
encumbrancer of the property affected thereby, be
deemed to have constructive notice of the pendency Purpose:
of the action, and only of its pendency against the  to protect the rights of the party causing
parties designated by their real names. registration, and
 to advise third persons that they deal with
the property subject to the result of the case

A notice of lis pendens neither affects the merits of

the case nor creates a right or lien.
The power to cancel a notice of lis pendens is
Cancellation is proper when filed to molest adverse exercised only under exceptional circumstances, such
party or is not necessary to protect the rights of the as: where such circumstances are imputable to the
person causing registration. party who caused the annotation; where the litigation
was unduly prolonged to the prejudice of the other
Lis pendens is proper in the following cases: party because of several continuances procured by
1. Action to recover possession of property; petitioner; where the case which is the basis for the lis
2. Action to quiet title thereto; pendens notation was dismissed for non
3. Action to remove clouds thereon; prosequituron the part of the plaintiff; or where
4. Action for partition; and judgment was rendered against the party who caused
5. Any other proceedings in court directly such a notation. (J. Casim Construction v. Registrar of
affecting the title to the land or the use or Deeds, GR No. 168655, July 2, 2010)
occupation thereof or the buildings thereon.
AMENDMENT AND ALTERATION OF
The notice need not be annotated on the owner‘s CERTIFICATES
duplicate certificate of title because the notice is an
involuntary transaction. Entry in the day book is No erasure, alteration, or amendment, shall be made
sufficient. (Yu v. CA, 251 SCRA 509) upon the registration book after the entry of a
certificate of title or of a memorandum thereon except
As a remedy, an action for reconveyance is filed as by order of the proper Regional Trial Court. (Sec. 108,
an ordinary action in the ordinary courts of justice and PD 1529)
not with the land registration court. Reconveyance is
always available as long as the property has not No amendment or alteration shall be made except
passed to an innocent third person for value. upon order of the court. (Cuyugan v. Sy Quia, 24 Phil.
A567)
A notice of lis pendens may thus be annotated on the
certificate of title immediately upon the institution of The petition shall be filed in the original case in which
the action in court. The notice of lis pendens will avoid the decree was entered. (OCA v. Matas, 247 SCRA
transfer to an innocent third person for value and 9)
preserve the claim of the real owner. (Pacete v.
Asotigue, GR No. 188585, Dec. 10, 2012) In Paz v. Republic, GR No. 157367, Nov. 23, 2011,
the Court held that the amendment and alteration of a
In case of subsequent sales or transfers, the RD must certificate of title under Section 108 of P.D. No. 1529
carry over the notice of lis pendens on all titles to be is applicable in seven instances or situations, namely:
issued. (a) When registered interests of any description,
whether vested, contingent, expectant, or inchoate,
Transferees of title subject to lis pendens are bound have terminated and ceased;
by the judgment against their predecessors. (Selph v. (b) When new interests have arisen or been created
Aguilar, 107 Phil. 443) which do not appear upon the certificate;
(c) When any error, omission or mistake was made in
Before final judgment, the notice may be cancelled entering a certificate or any memorandum thereon or
upon order of the court if the notice is for the purpose on any duplicate certificate;
of molesting the adverse party or if it is not necessary (d) When the name of any person on the certificate
for the protection of the party who caused its has been changed;
registration; or by the RD upon verified petition of the (e) When the registered owner has been married, or,
party who caused the annotation thereof. (Sec. 77) registered as married, the marriage has been
terminated and no right or interest of heirs or creditors
Cancellation of lis pendens will thereby be affected;

(f) When a corporation, which owned registered land

and has been dissolved, has not conveyed the same The registered owner or person in interest shall send
within three years after its dissolution; and notice, under oath, of the loss or destruction of the
(g) When there is reasonable ground for the owner‘s duplicate certificate to the Register of Deeds;
amendment or alteration of title. and
Under Sec. 108, in relation to Sec. 2, PD No. 1529, The corresponding petition for the replacement of the
the court may now hear both contentions and non- lost or destroyed certificate shall then be filed in court
contentious cases. and entitled in the original case in which the decree of
registration was entered.
Section 108 provides that, after notice to all the
interested parties, the court may (a) order the Unlike in a petition for reconstitution, there is no
issuance of a new certificate, (b) order the entry or requirement for the publication of the petition for
cancellation of a memorandum upon a certificate, or replacement of a lost or destroyed certificate.
(c) grant any other relief upon such terms and
conditions, requiring a bond if necessary, as it may RECONSTITUTION OF LOST OR DESTROYED
deem proper. CERTIFICATE OF TITLE
But the court, sitting as a land registration court, has

no jurisdiction or authority to reopen the original
decree of registration. The court cannot "impair the The reconstitution of a certificate of title denotes
title or other interest of a purchaser holding a restoration in the original form and condition of a lost
certificate for value and in good faith, or his heirs or or destroyed instrument attesting the title of a person
assigns, without his or their written consent.―(Luzon to a piece of land.
Surety v. Mirasol, GR No. L-29313, Jan. 21, 1977)
The purpose of the reconstitution of title is to have,
Thus, the court has jurisdiction over a petition for after observing the procedures prescribed by law, the
cancellation of encumbrances despite respondent‘s title reproduced in exactly the same way it has been
contention that the issue is controversial. (PNB v. when the loss or destruction occurred.
International Corporate Bank, 199 SCRA 508).
RA 26 presupposes that the property whose title is
The court can compel petitioner to surrender his sought to be reconstituted has already been brought
owner‘s duplicate certificate so that a new title may be under the provisions of the Torrens System. (Republic
issued to the INK despite his argument that the case v. Tuastumban, GR No. 173210, Apri 24, 2009)
involved the ―registrability ―of the document. (Ligon v.
CA, 244 SCA 693) The lost or destroyed document referred to is the one
that is in the custody of the Register of Deeds. When
REPLACEMENT OF LOST OR DESTROYED reconstitution is ordered, this document is replaced
CERTIFICATE OF TITLE with a new one —the reconstituted title —that
basically reproduces the original.
Upon petition of the registered owner or person in
interest, the court may, after notice and hearing, direct After the reconstitution, the owner is issued a
the issuance of a new duplicate certificate which shall duplicate copy of the reconstituted title. (Sec. 1, RA
in all respects be entitled to like faith and credit as the No. 26; Republic v. Vergel de Dios, GR No. 170459,
original duplicate. (Sec. 109, PD No. 1529) Feb. 9, 2011)
Where the owner‘s duplicate copy is not in fact lost or Requisites:

destroyed, a petition for the purpose is unwarranted (a) That the certificate of title had been lost or
as the court has no jurisdiction over the petition. destroyed;
Procedure

(b) That the documents presented by petitioner are to collateral attack [. . . and] cannot be altered,
sufficient and proper to warrant reconstitution of the modified, or cancelled except in a direct proceeding in
lost or destroyed certificate of title; accordance with law".
(c) That the petitioner is the registered owner of the
property or had an interest therein; Neither the CA nor the LRA has the power to cancel
(d) That the certificate of title was in force at the time titles. (Manotok v. Barque, supra)
it was lost and destroyed; and
(e) That the description, area and boundaries of the But there is no collateral attack on the title (OCT No.
property are substantially the same as those 239) when the reconstution case (LRC Case No. B-
contained in the lost or destroyed certificate of title. 1784) was dismissed by court precisely because the
(Id.) invalidity of said certificate of title was already
determined with finality by the Supreme Court.
Judicial reconstitution partakes of a land registration
proceeding and is subject to the jurisdictional The decision of the Court declaring OCT No. 239 as
requirements of publication, mailing and posting. This fake, forged, and spurious already bars the
is mandatory. (Sec. 13, RA No. 26; Pinote v. Dulay, reconstitution of said title under the doctrine of res
GR No. 56694, July 2, 1990) judicata, in the concept of conclusiveness of
judgment. (Layos v. Fil-Estate, GR No. 150470, Aug.
The petition shall be filed with the regional trial court 6, 2008)
of the province or city where the land lies. Sec. 108 of
PD 1529 provides that all petitions or motions after Sources of reconstitution
original registration shall be filed and entitled in the 1. Sec. 2, RA No. 26 -for reconstitution of an
original case in which the decree of registration was original certificate of title
entered.(See also Sec. 2, RA No. 26. Office of the 2. Sec. 3, RA No. 26 –for reconstitution of a
Court Administrator v. Matas, A.M. No. RTJ-92-836. transfer certificate of title.
August 2, 1995). 3. ―Any other document‖as a source of
reconstitution refers to documents similarto
In Manotok v. Barque, (supra), the Court held that if it those previously enumerated in the law
appears that the subject property is already covered under the principle of ejusdem
by an existing Torrens title in the name of another generis.(Republic v. IAC and Kiram, 157
person, the LRA should dismiss the petition. The SCRA 62)
dismissal is subject to judicial review, but the only
inquiry in such appellate proceeding is on whether or Meaning of “any other document”
not there is a previously existing title covering the
land. The term "any other document" in paragraph (f) refers
to reliable documents of the kind described in the
Neither the LRA nor the CA at that point may inquire preceding enumerations and that the documents
into the validity of the title or the competing claims referred to in Section 2 (f) may be resorted to only in
over the property. The only remedy is an action the absence of the preceding documents in the list.
before the RTC for the cancellation of the existing
title, whether by the competing claimant or by the The party praying for the reconstitution of a title must
OSG on behalf of the Republic. show that he had, in fact, sought to secure such
documents and failed to find them before presentation
The cancellation of the previous (Manotok) title of "other documents" as evidence in substitution is
cannot arise incidentally from the administrative allowed. (Republic v. Lorenzo, GR No. 172338, Dec.
proceeding for reconstitution of the Barque title even if 10, 2012)
the evidence from that proceeding revealed the
Manotok title as fake. Nor could it have emerged The non-compliance with the requirements prescribed
incidentally in the appellate review of the LRA's in Sections 12 (contents of petition) and 13
administrative proceeding. Sec. 48 of PD 1529 (requirements of notice and hearing) of R.A. No. 26 is
provides that "[a] certificate of title shall not be subject fatal.

be estopped by the omission, mistake or error of its

These requirements and procedure are mandatory. officials or agents. Neither is the Republic barred from
The petition for reconstitution must allege certain assailing the decision granting the petition for
specific jurisdictional facts; the notice of hearing must reconstitution if, on the basis of the law and the
be published in the Official Gazette and posted in evidence on record, such petition has no merit.‖
particular places and the same sent or notified to (Republic v. Lorenzo, GR No. 172338, Dec. 10, 2012)
specified persons. Sections 12 and 13 of the Act
provide specifically the mandatory requirements and Administrative reconstitution of lost or destroyed
procedure to be followed. (Castillo v. Republic, GR certificates is governed by RA 6732. It is available in
No. 182980, Jun 22, 2011. See also: Republic v. case of substantial loss or destruction of land titles
Domingo, GR No. 197315, Oct. 10, 2012) due fire, flood or other force majeure. (Manotok v.
Barque, GR No. 162335, Dec. 18,2008)
Examples of incompetent proof:
1. A survey plan, technical description, Requirements:
certification issued by the LRA, lot data 1. Number of certificates lost or damaged is at
computation, and tax declarations (which are least 10% of the total number in possession
not similar to those mentioned in of the RD.
subparagraphs (a) to (e) of Sec. 2 of RA 26, 2. In no case shall be number of certificates be
as pertaining to documents issued or are on less than 500.
file with the Registry of Deeds).
2. A survey plan and technical description The administrative reconstitution of Torrens titles is
(where the petition is based on Sec. 2 (f) of intended for non-controversial cases, or especially
RA 26) which are mere additional where the subject property is not covered by an
documentary requirements. existing title in favor of a person other than the
3. A certification that Decree No. 190622 was applicant. Such an implication is consonant with the
issued for Lot 54, without stating the number rule that the reconstitution proceedings are not the
and date of the title, and to whom issued. venue for confirmation or adjudication of title, but
4. A tax declaration (which is not a reliable merely a means by which a previously adjudicated
document). (Republic v. Ramos, GR No. title whose original has been lost or destroyed may be
169481, Feb. 22, 2010) reissued to its owner.
Liberal construction of the Rules of Court does not The LRA has no jurisdiction over a petition for
apply to land registration cases. Indeed, to further reconstitution, where the property is already covered
underscore the mandatory character of these by a Torrens title. (Manotok v. Barque, supra)
jurisdictional requirements, the Rules of Court do not
apply to land registration cases. (Sec.4, Rule 1 of the CONSULTA
1997 Rules of Civil Procedure)
When the Register of Deeds is in doubt as to what
In all cases where the authority of the courts to action should be taken on an instrument presented for
proceed is conferred by a statute, and when the registration, or where ay party does not agree with the
manner of obtaining jurisdiction is prescribed by a action taken by the Register of Deeds, the question
statute, the mode of proceeding is mandatory, and shall be elevated to the LRA Administrator via en
must be strictly complied with, or the proceeding will consulta for determination. (Sec. 117, PD 1529)
be utterly void. When the trial court lacks jurisdiction
to take cognizance of a case, it lacks authority over The consulta shall be cancelled (a) upon final
the whole case and all its aspects. (Castillo v. resolution of the case by the LRA Administrator, or (b)
Republic, GR No. 182980, June 22, 2011) if the consulta is withdrawn by the petitioner.
―This Court has reiterated time and again that the The ruling of the LRA shall be conclusive and binding
absence of opposition from government agencies is of on all RDs, without prejudice to an appeal to the Court
no controlling significance because the State cannot of Appeals.

A party who does not agree with the action taken by Although Art. 2085, CC, requires that the mortgagor
the LRA is to appeal to the CA, via Rule 43 -and not must be the owner of the mortgaged property, the
by certiorari or prohibition -within 15 days from notice subsequent declaration that the title is null and void is
of the decision or resolution. (Calalang v. RD of QC, not a ground for nullifying the mortgage right of the
231 SCRA 88) mortgagee. (Rural Bank of Sariaya v. Yacon, 175
SCRA 62)
The administrative remedy must be resorted to by
petitioner before he can have recourse to the courts. The right or lien of an innocent mortgagee must be
(Almirol v. RD of QC, 22 SCRA 1152) respected, even if the mortgagor obtained his title
thereto through fraud.
MORTGAGES AND LEASES
The remedy of the person prejudiced is against those
The mortgagor must be the owner of the property who caused the fraud, or if insolvent, an action for
mortgaged. recovery of damages against the AF. (Blanco v.
Esquierdo, 110 Phil. 494)
A mortgage lien is a right in rem which follows
property. Effect of a forged deed of mortgage
A notice of lis pendens cannot prejudice mortgage A forged power of attorney is without force and effect,
previously registered. and the mortgage constituted by virtue thereof is also
null and void and could not prejudice the rights of the
A mortgage is invalid even in the hands of an registered owner. (Veloso v. La Urbana, 58 Phil. 681)
innocent mortgagee where the title covers non-
registrable land. (LBP v. Republic, 543 SCRA 453) An absolutely simulated contract of sale is void and
transfers no ownership right; hence, the purported
Where the certificate of title is in the name of the buyer, not being the owner, cannot validly mortgage
mortgagor when the land is mortgaged, the the property and neither does the buyer at foreclosure
mortgagee has the right to rely on what appears on sale acquire any title thereto. (Cruz v. Bancom, 379
the certificate of title. (Gonzales v. IAC, GR No. SCRA 490)
69622, Jan. 29, 1988)
In extrajudicial foreclosures, the purchaser becomes
The right or lien of an innocent mortgagee for value the absolute owner when no redemption is made.
upon the land mortgaged must be respected and
protected, even if the mortgagor obtained his title Thus, after consolidation of ownership and issuance
thereto thru fraud. (Blanco v. Esquierdo, GR No. L- of a new transfer certificate of title in the name of the
15182,Dec. 29, 1960). purchaser, he is entitled to possession of the property
as a matter of right under Section 7 (Act 3135), and
The general rule that a mortgagee need not look its issuance by the RTC is a mere ministerial function.
beyond the title does not apply to banks and other
financial institutions as greater care and due diligence But pursuant to Sec. 33, Rule 39, Rules of Court, the
is required of them. Imbued with public interest, they possession of the extrajudicially foreclosed property
"are expected to be more cautious than ordinary shall be withheld from the purchaser if a third-party is
individuals.―(Alano v. Planter’s Development Bank, actually holding the same adversely to the
GR No. 171628, June 13, 2011) mortgagor/debtor. (Madriaga v. China Banking Corp.,
G No. 192377, July 2, 2012)
The ascertainment of the status or condition of a
property offered to it as security for a loan must be a In foreclosure sale, there is no actual transfer of the
standard and indispensable part of its operations. mortgaged real property until after the expiration of
(Duque-Rosario v. Banco Filipino Savings and the one-year redemption period as provided in Act
Mortgage Bank, GR No. 140528, Dec. 7, 2011) No. 3135 and title thereto is consolidated in the name

of the mortgagee in case of non-redemption. In the The issuance of the writ may not be stayed by a
interim, the mortgagor is given the option whether or pending action for annulment of the mortgage or the
not to redeem the real property. foreclosure itself, without prejudice, of course, to the
eventual outcome of the pending annulment case.
The issuance of the Certificate of Sale does not by (Bank of the Philippine Islands v. Tarampi, GR No.
itself transfer ownership. (Supreme Transliner, Inc. v. 174988, Dec. 10, 2008)
BPI Family Savings Bank, Inc., GR No. 165617, Feb.
23, 2011) Issuance of the writ is ex parte, summary and
ministerial. The order of the RTC granting the petition
Redemption for a writ of possession is final which can only be
questioned on appeal. (San Fernando Rural Bank,
The mortgagor has one year within which to redeem Inc. v. Pampanga Omnibus Development
the property from the registration of sale, otherwise Corporation, GR No. 168088, April 4, 2007)
the right of the purchaser to the possession of the
foreclosed property becomes absolute. REGISTRATION VIA ISSUANCE OF PUBLIC LAND
PATENTS
The writ of possession becomes a matter of right and
its issuance to a purchaser in an extrajudicial Registration of Patents
foreclosure is merely a ministerial function.
Public lands suitable for agriculture can be disposed
Redemption is an implied admission of the regularity of by (a) homestead, (b) sale, (c) lease, and (d)
of the sale and would estop the petitioner from later confirmation of imperfect or incomplete titles by (1)
impugning its validity on that ground. (Bulaong v. judicial legalization or (2) administrative legalization
Gonzales, GR No. 156318, Sept. 5, 2011) (free patent)
Writ of possession Public land patents when duly registered are veritable
Torrens titles, entitled to all the safeguards relative
Under Sec. 7 of Act No. 3135, a writ of possession thereto
may be issued either (a) within the one-year period,
upon the filing of a bond, or (b) after the lapse of the Homestead patent
redemption period, without need of a bond.
Any citizen of the Philippines may apply for a
The proceeding for the issuance of the writ is ex parte homestead of not exceeding 12 hectares.
and is ministerial duty of the court, unless a third party
is actually holding the property adversely to the The applicant must have cultivated and improved at
judgment debtor, or where the bid price is unjustifiably least one-fifth of the land and resided in the
higher than the real amount of the obligation. municipality (or adjacent municipality) where the land
is located for at least one year.
Mandamus is proper remedy to compel the issuance
of a writ of possession. (Edralin v. PVB, GR No. Once the applicant has complied with all the
168523, March 9, 2011) conditions essential to a government grant, he
acquires not only a right to a grant but a grant of the
Orders for the issuance of a writ of possession are land from the government.
issued as a matter of course upon the filing of the
proper motion and approval of the corresponding Sales patent
bond since no discretion is left to the court to deny it.
A Filipino citizen or lawful age or the head of a family
Such issuance being ministerial, its execution by the may apply for the purchase of an agricultural public
sheriff is likewise ministerial. (China Banking land not to exceed 12 hectares.
Corporation v. Abel, GR No. 182457, Jan.10, 2011)

The land shall be sold through public bidding, and the  Other cities –500 sq. m.
land awarded to the highest bidder.  1stand 2ndclass municipalities –750 sq. m.
 Other municipalities –1,000 sq. m.
The purchase price may be paid in full or in 10
installments. Requirements for application:
1. Approved plan and technical description
The applicant must cultivate at least one-fifth of the 2. Affidavit of two (2) witnesses confirming
land within 5 years from the date of award. possession of applicant for at least 10 years
Direct sale (RA No. 730) Special patents

RA No. 730 permits the private sale of not more than A special patent is issued upon the promulgation of a
1,000 square meters for residential purposes. The special law or act of Congress or by the DENR
applicant: Secretary as authorized by an EO of the President.
1. Is a Filipino citizen; Example: Freedom Islands in the Manila Bay area to
2. Is not the owner of a home lot in the city or which TCTs were issued to PEA.
municipality; However, the lands so titled shall not be disposed
3. Has established in good faith his residence unless with the approval of Congress if owned by the
on land not needed for public service; national agency, or by the sanggunian concerned
4. Has constructed his house and actually through an approved ordinance if owned by LGUS.
resided therein.
Prohibited alienations
Free patent
Sec. 118 of CA 141 proscribes the alienation or
Applicant is a natural-born citizen who is not the encumbrance of land acquired under a free patent or
owner of not more than 12 hectares of agricultural homestead patent within 5 years from the grant of the
public land. patent. The policy is to give patentee a place where to
live with his family
He has occupied and cultivated the land for at least
30 years, by himself of his predecessors-in-interest; After 5 years but before 25 years from the issuance of
the patent, a homestead may be disposed of subject
He has paid the real estate taxes while the same has to the approval of the DENR Secretary; but land
not been occupied by any other person. covered by a free patent may be disposed of after 5
years.
ISSUANCE OF FREE PATENT TO RESIDENTIAL
LANDS (RA NO. 10023) SUBDIVISION AND CONDOMINIUM BUYER’S
DECREE (PD 957)
Requirements for a residential free patent:
1. Applicant must be a Filipino citizen Policy: to afford inhabitants the requirements of
2. In actual occupation, residence and decent human settlement with ample opportunities for
continuous possession and occupation of a improving their quality of life.
residential land
3. Identified and zoned through an ordinance Real estate and condominium businesses must be
and not needed for public use or public closely supervised and regulated, and penalties
service imposed on fraudulent practices and manipulations.
4. For at least 10 years prior to the filing of the
application. PD No. 957 implements the state policy of providing
decent human settlement to improve the quality of life.
Area limitation:
 Highly urbanized cities –200 sq. m.

Housing and Land Use Regulatory Board (HLURB), 2. Sale of a subdivision lot by the original.
formerly NHA and HSRC, has exclusive jurisdiction to purchaser and any subsequent sale of the
regulate real estate and trade business. same lot.
3. Sale of a subdivision lot or condominium unit
HLURB is a quasi-judicial body with original and by or for account of a mortgagee when
exclusive authority to hear and decide cases of the necessary to liquidate a bona fide debt.
following nature:
 Unsound real estate business practice Foreigners may purchase condominium units and
 Claims for refund and any other claims filed shares in the condominium corporations up to not
by subdivision lot or condominium unit buyer more than 40-% of the total and outstanding capital
against the project owner, developer or stock of a Filipino-owned or controlled corporation.
dealer
 Cases involving specific performance of The land is owned by the corporation and the unit
contractual and statutory obligations filed by owner is simply a member in the corporation.
buyers of subdivision lot or condominium
unit. The ownership of the land is legally separated from
the unit itself.
Subdivisions are mandated to maintain and provide
adequate water facilities for their communities. Time of completion / Consequence of delay
Without a provision for an alternative water source, 1. Failure to develop a subdivision may justify
the subdivision developer's alleged sale of the lot non-payment of amortizations by lot buyer
where the community's sole water source was located 2. Failure of seller to deliver condominium unit
constituted a violation of this obligation. Thus, this entitles buyer to cancel contract
allegation makes out a case for an unsound real
estate business practice of the subdivision owner and Issuance of title
developer. Clearly, the case at bar falls within the 1. Duty of owner to deliver title
exclusive jurisdiction of the HLURB. (Liwag v. Happy 2. Duty of owner to redeem outstanding
Glen Loop) mortgage
Decision of HLURB appealable to the OP whose 3. Certificate of title not subject to collateral
decision may be elevated to the CA via a petition for attack
review. 4. Right of way to public road
 HLURB has jurisdiction over cases for 5. Roads, alleys, sidewalks and open spaces
collection of unpaid installments and (non-alienable and non-buildable)
damages 6. Donations of parks and playgrounds to the
 It has no jurisdiction over issues involving city or municipality mandatory; may in turn
ownership or possession of property be donated to the homeowners association
The Lalicons claim that the NHA unreasonably

License to sell, requirements ignored their letters that asked for consent to the
 Absence of license to sell does not render resale of the subject property. But the NHA had no
sale void obligation to grant the Lalicons' request for exemption
 But developer may be held civilly and from the five-year restriction as to warrant their
criminally liable proceeding with the sale when such consent was not
 Determination of criminal liability lies with the immediately forthcoming. And the resale without the
courts NHA's consent is a substantial breach. The essence
of the government's socialized housing program is to
A license to sell and performance bond is not required preserve the beneficiary's ownerships for a
in the following transactions: reasonable length of time, here at least within five
1. Sale of a subdivision lot resulting from the years from the time he acquired it free from any
partition of the land among co-owners-heirs encumbrance. (Lalicon v. NHA, GR No. 185440, July
13, 2011)

(a) all alienable and disposable lands of the public

Foreigners are allowed to purchase condominium domain belong to the State.
units (b) all lands not clearly within private ownership
presumptively belong to the State.
Any mortgage of the unit or lot requires approval of (c) all lands not covered by Spanish titles
HLURB, otherwise mortgage is void presumptively belong to the State.
(d) the King is regarded as the true and only source of
Failure to develop a subdivision may justify non- title.
payment of amortizations by lot buyer
4. In what instances may first level courts exercise
Buyer may not be ousted for non-payment due to jurisdiction to hear land registration cases?
failure of subdivision owner to put up required (a) Where the application is not the subject of any
improvements adverse claim.
(b) Where the assessed value of the land does not
Owner or developer shall: exceed P500,000 as shown in the affidavit of the
1. Deliver title to buyer upon full payment of lot applicant or corresponding tax declaration.
or unit (c) Where the land is not contested, or even if
2. Redeem outstanding mortgage contested, has an assessed value not exceeding
3. Secure a right of way to a public road P100,000.
4. Initiate the organization of a homeowners (d) Where its exercise is delegated by the Supreme
association among buyers and residents Court.
5. Provide adequate roads, alleys and
sidewalks 5. The following may properly interpose an opposition
6. Donate roads and open spaces to city or to the application for registration:
municipality where project is located. (a) a homesteader who has not yet been issued his
title but has fulfilled all the conditions. required by law
MULTIPLE CHOICE QUESTIONS for the issuance of patent.
(b) a foreshore lease applicant.
1. The real purpose of the Torrens system of (c) a sales applicant pending issuance of the order of
registration is award.
(a) to quiet title to land. (d) the holder of timber license agreement duly
(b) to recognize a valid and subsisting interest in land. approved by the DENR.
(c) to bar innocent third parties from claiming an
interest in the land. 6. Which of the following (sample) allegations in a
(d) to furnish a shield for fraud. defendant‘s answer to plaintiff‘s complaint for quieting
of title does not constitute a collateral attack on
2. The following are sample allegations of actual fraud plaintiff‘s title?
which may be the basis of a petition for the review of (a) that plaintiff is the prior registered owner of the
a decree. Which is the most serious? land.
(a) The Solicitor General has not been furnished with (b) that plaintiff is disqualified to acquire the land
the requisite notices and copy of the decision granting since he is not a Filipino citizen.
registration of land within the forest zone. (c) that plaintiff has no cause of action because the
(b) The applicant failed to show possession and land had been previously sold by plaintiff to
occupation of the land for the length of time required defendant.
by law. (d) that plaintiff‘s title was improperly issued for lack of
(c) The registration court did not have jurisdiction over possession of the disputed property.
the res because it is non-registrable.
(d) The prosecutor did not have the authority to 7. Section 5 of PD No. 957 prohibits the sale of a
withdraw the appeal of the government. subdivision lot without an HLURB license.
(a) The subsequent issuance of the license erases
3. The Regalian doctrine embodies the concept that: the offense.

(b) The invocation of good faith extinguishes criminal (d) previous rulings of the Supreme Court requiring
liability. that the land be declared A and D as of June 12, 1945
(c) The crime is regarded asmalum prohibitum. are merely obiter dicta.
(d) The determination of liability rests with the
HLURB. 13. Which of the following is incorrect: A Presidential
proclamation reserving land for a specific public
8. Can the plaintiff in an action for specific purpose
performance compel defendant, in the same action, to (a) is valid if already classified as A and D.
surrender the duplicate certificate of title to the (b) is a matter of judicial notice.
Register of Deeds (RD) for the registration of the (c) is an asseveration of Regalian right.
sale? (d) is issued in the exercise of the State‘s dominical
(a) No. He must file a separate petition in court to authority.
compel surrender of the same to the RD.
(b) Yes, this being a necessary incident in the main 14. The function of the Register of Deeds to register
case. instruments affecting registered land is ministerial.
(c) No. The issue should be threshed out in an Accordingly,
ordinary action. (a) his duty is compellable by mandamus.
(d) Yes, to avoid multiplicity of suits. (b) he has no discretion to determine the intrinsic
validity of the instrument provided that it is in due
10. What is the prescriptive period for an action for form.
compensation against the Assurance Fund? (c) his duty is to register the instrument without
(a) 4 years. prejudice to a determination of its validity before the
(b) 6 years. proper forum afterwards.
(c) 10 years. (d) his duty is to register the instrument unless
(d) imprescriptible. enjoined by the LRA.
11. PD No. 892, dated February 16, 1976, has 15. Registration is not a mode of acquiring ownership.
outlawed Spanish titles as evidence of ownership in It is simply a procedure
registration cases. However, (a) to ensure that third parties may not assert any
(a) such a title may still be presented in evidence if claim or interest in the land thereafter.
accompanied by a survey plan executed prior to (b) to establish proof of one‘s claim of ownership in
February 16, 1976. the land.
(b) such a title may still be presented if it is in the (c) to remove all liens and encumbrances in the land.
nature of a possessory information title. (d) to assure the claimant a better title than what he
(c) such a title is absolutely barred without if‘s or but‘s. actually has.
(d) such a title may still be presented in evidence if
accompanied by its English translation. 16. Lot X is registered in the name of ―Pedro, married
to Maria.‖ Pedro sells the land to Jose without the
12. The basis of the rule that the land sought to be written consent of Maria. May the Register of Deeds
registered is already A and D ―at the time the refuse registration?
application for registration is filed‖ is that: (a) No because the land belongs solely to Pedro, the
(a) it is only when the land is classified as A and D registered owner.
that the State is deemed to have abdicated its (b) Yes because there is nothing in the deed of sale to
exclusive prerogative over the land. show that Pedro alone acquired the land in his own
(b) it is hardly possible to look for witnesses who right.
could testify as to the status and condition of the land (c) No because the lack of consent of Maria is fatal,
on or before June 12, 1945. there being no showing that she is incapacitated to
(c) prior to the classification of the land as A and D, give her consent to the sale.
the land still remains part of the forest zone, hence, (d) Yes because the deed of sale does not bear the
inalienable. signature of Maria who is presumed co-owner of the
land.

(c) Report and recommendation of the District

17. Registration under the Torrens system is a Forester for the release of the property from the
proceeding in rem. This means that unclassified region.
(a) all interested persons are notified of the (d) Executive proclamation withdrawing from a
proceedings and have a right to appear in opposition reservation a specific area and declaring the same
to the application for registration. open for entry, sale or other mode of disposition.
(b) the proceeding is against all known occupants and
adjoining owners of the land. 21. Submerged lands when already reclaimed from
(c) the proceeding aims generally to bar some the sea
individual claim or objection so that certain persons (a) are deemed alienable and disposable lands.
who claim an interest in the land are entitled to be (b) become alienable and disposable lands upon a
heard. positive act of the government.
(d) the proceeding shall be based on the generally (c) become alienable and disposable lands upon a
accepted principles underlying the Torrens system. declaration by the courts to that effect. (d) become
alienable and disposable when no longer needed for
18. The registration of a broker engaged in selling the easement of floatage or coast guard service.
subdivision lots may be revokedwhen
(a) he has made a material false statement in his 22. To show the identity of the land for purposes of
application for registration. registration, and in line with prevailing rule,
(b) he has been guilty of a fraudulent act in the sale of (a) the submission of the tracing cloth plan is
a subdivision lot. mandatory.
(c) he has demonstrated his unworthiness as a (b) the survey plan and technical description must be
broker. approved by the LRA.
(d) all of the above. (c) the submission of a certified copy of the blueprint
or whiteprint plan as approved by the DENR Regional
19. The court, in an order dated June 13, 2009, set Executive Director will suffice.
the initial hearing of the case on September 25, 2009. (d) the submission of a certified copy of the blueprint
Judgment was for the applicant. OSG contends that or whiteprint plan will suffice if the area does not
the notice of initial hearing is defective and/or it did exceed the Constitutional limit.
not vest the trial court with jurisdiction over the case.
Is the OSG correct? 23. When is a right to property deemed vested?
(a) Yes for the initial hearing should have been set not (a) When the right to its enjoyment, present or
later than September 11, 2009, or 90 days from June prospective, has become the property of a particular
13, 2009. person.
(b) No since the issuance and publication of the (b) When it is no longer subject to question in any
notice of initial hearing involved a process in which proceeding.
the applicant has had no participation. (c) When the property was already released from the
(c) No since the publication of the notice is forest zone at the start of possession in the concept of
jurisdictional. owner.
(d) No since the notice, as published, already gave (d) When it is fixed by a legislative enactment or
sufficient notice to all interested parties of the actual municipal ordinance.
date of hearing.
24. Publication of the notice of initial hearing in the
20. What acts may be considered sufficient to show OG ―shall be sufficient to confer jurisdiction upon the
the prior classification of the land as A and D? court.‖(Sec. 23, PD 1529) Is there still a need to
(a) Cadastral survey of a municipality preparatory to publish the notice in a newspaper?
the filing of the petition for cadastral proceedings. (a) No more since the law expressly provides that
(b) Titling of properties around the land subject of publication in the OG is sufficient.
registration. (b) Yes because practically no one reads the OG
anyway.

(c) No more since it is not fair that the applicant (a) it takes only 5 years for coconut trees and 3 years
should be unduly burdened by additional expenses for for mango trees to begin bearing fruit.
publication. (b) it takes only 10 years for mango trees and 5 years
(d) Yes because publication in the newspaper is part for coconut trees to begin bearing fruit.
of procedural due process. (c) it takes only 3 years for coconut trees and 5 years
for mango trees to begin bearing fruit.
25. Amendments to the application for registration (d) it takes only 10 years for coconut trees and 5
may be allowed. However, years for mango trees to begin bearing fruit.
(a) it is not permissible to make amendments after the
registration of the property has been decreed except 29. The capacity to acquire private land is determined
upon order of the court. by the capacity
(b) the amendment is proper only when the inclusion (a) to convert the land to its maximum productivity.
of additional area is very negligible, or smaller than (b) to acquire public land.
the original area. (c) to proffer well-nigh incontrovertible proof of
(c) the amendment must bear the conformity of the possession since June 12, 1945 or prior thereto.
Solicitor General as counsel for the government in all (d) to show full compliance with the residence and
land registration proceedings. cultivation requirements by oral and documentary
(d) the amended survey plan must first be approved evidence.
by the LRA.
30. In determining the sufficiency of the evidence in a
26. In order that additional area may be included in registration case, the Supreme Court generally may
the original area subject of registration, the applicant not re-evaluate the findings of fact of the trial and
should: appellate courts. The recognized exceptions are:
(a) withdraw his original application and file a new one (a) when the findings of fact are conclusions without
to include the additional area. citation of specific evidence on which they are based
(b) file a separate application for the additional area. (b) when the appellate court, in making its findings,
(c) amend his application to include the additional went beyond the issues in the case.
area subject to the requirements of publication. (c) when the petitioner disputes the jurisdiction of the
(d) file a separate application for the additional area trial court.
and move for the consolidation of said application with (d) ―a‖and ―b‖.
the original application for registration.
31. The Civil Code provides that accretion belongs to
27. Petitioner bought registered land on July 5, 2009. the owners of the land adjoining the banks of the
When he registered the sale on January 5, 2010, a river. It is however necessary that the accretion
writ of attachment was already inscribed on the (a) must have taken place for such length of time as
vendor‘s title on August 5, 2009. Which of the to ipso jure convert the same into private ownership.
following is false? (b) is made through the effects of the current of the
(a) the levy on attachment lost its efficacy by the water.
subsequent registration of the prior sale. (c) is formed by the natural change in the course of
(b) the levy subordinated the right of petitioner as the river.
purchaser. (d) must have been formed gradually and
(c) the attachment remained valid until discharged. imperceptibly for a period of not less than 10 years.
(d) the execution sale should be upheld because it
retroacts to the date of levy. 32. The primary purpose of cadastral proceedings is
(a) to determine conflicting claims of ownership in the
28. Overt acts of possession may consist in area subject of cadastral survey.
introducing valuable improvements on the property (b) to provide a remedy, without any expense, for the
like fruit-bearing trees. In Republicv. Court of Appeals correction of errors in the technical description of
and Chavez (GR No. L-62680, Nov. 9, 1988), the lands already titled so as to conform to the cadastral
Court held that in a practical and scientific way of survey.
planting, (c) to settle and adjudicate title to lands.

(d) to determine the priority or relative weight of two or 37. An action for reversion filed by the Solicitor
more certificates of title for the same land. General is proper where defendant‘s title covers
(a) land consisting of alluvial deposits caused by the
33. Land subject of registration may be ―dealt with‖ action of the sea.
after the filing of the application and before the (b) land which had been previously titled through
issuance of decree. In case of sale, for instance, it is cadastral proceedings.
required that (c) land subject of irregular reconstitution
(a) the buyer is made a party to the case. proceedings.
(b) the instrument evidencing the transaction is (d) land forming part of the friar lands estate.
presented to the court for appropriate consideration.
(c) the application for registration is amended by 38. Over what cases does HLURB have no
substituting the buyer for the applicant. jurisdiction?
(d) the buyer shows proof that he is qualified to (a) Claims for refund by a subdivision buyer.
register the land in his name. (b) Determination of the criminal liability of a broker
selling condominium units without a license.
34. The duty of the LRA Administrator to issue a (c) unsound real estate practices.
decree of registration is ministerial, the reason being (d) cases involving specific performance of
that contractual obligations filed by subdivision buyers.
(a) his refusal would subject him to contempt of court.
(b) he is an officer, and acts upon order, of the court. 39. What is the concept of ownership of ancestral
(c) the winning party has an absolute right to the fruits domains?
of the verdict. (a) They are part of the lands of the public domain
(d) the issuance of the decree is an express under the concept of jura regalia.
component of his official functions. (b) They are the private but community property of
indigenous peoples.
35. Pedro applied for the registration of land. The (c) They, and all natural resources therein, belong in
government opposed. Judgment was rendered in private ownership to indigenous cultural communities
favor of Pedro, which became final. Thereafter, Pedro based on native title.
sold the land to Jose. Can the government appeal the (d) They are owned by the State pursuant to Section
judgment? 2, Article XII which states that all lands and all other
(a) No because a final judgment can no longer be the natural resources are ―owned by the State.‖
subject of appeal.
(b) No because the government is already concluded 40. Recovery from the Assurance Fund is possible
by the judgment, having interposed its opposition to (a) when private defendant is insolvent.
the application for registration. (b) when plaintiff failed in his action for reconveyance.
(c) Yes because the government is not bound by the (c) when plaintiff is deprived of any interest in land on
mistakes or errors of its agents. account of bringing land under the Torrens system.
(d) No because the land is now transferred to a third (d) when the Register of Deeds failed to exercise due
person. care to forestall fraudulent registration.
36. To avail of a petition for review, 41. When a deed of sale presented for registration is
(a) the petitioner must allege facts surrounding the forged,
trial which prevented a fair and just determination of (a) the registered owner does not lose his title to the
the case. land.
(b) the petition must be filed within 60 days from the (b) the transferee can recover damages from the
finality of the decision of the court. Assurance Fund.
(c) the petitioner must await the expiration of one year (c) the transferee can ask the true owner to execute a
from the issuance of the decree of registration. deed of sale in his favor.
(d) the property has not passed to an innocent (d) the Register of Deeds should elevate the matter to
purchaser for value. the LRA via en consulta.

46. Minerals are discovered underneath Pedro‘s titled

42. The burden of proving the status of a purchaser in property. Who has the right to exploit the minerals?
good faith is discharged (a) The government has the absolute right to exploit
(a) by one who asserts that status. the minerals.
(b) by invoking the legal presumption of good faith. (b) Pedro has the right to exploit the minerals
(c) by proof that the vendor is the true owner of the because he is the absolute owner of the land.
property sold. (c) Pedro does not have the right to exploit the
(d) by proof that the property was unencumbered at minerals because he owns the surface area only.
the time of the sale. (d) The government has the right to exploit the
minerals upon prior expropriation of the property.
43. Jose forged the signature of the registered owner,
Pedro, in a deed of sale purportedly made by the 47. The purpose of a notice of lis pendens is
latter in favor of Mario who paid the full purchase (a) to fortify the claim of ownership of the party
price thereof. Is Mario a buyer in good faith? causing the registration thereof.
(a) No because as a cautious person he should have (b) to prevent the owner of the property from
first determined in the office of the Register of Deeds alienating it while the case is still pending trial.
who the true owner of the property is. (c) to advise third persons who purchase the property
(b) No because the forged deed does not convey any that they do so at their peril.
valid title. (d) to put the owner on notice that he holds the
(c) Yes because a buyer of registered land need not property in trust for the person causing the annotation
go beyond the four corners of the title to determine of the lis pendens.
any flaw in the title or ownership of his vendor.
(d) Yes because he has paid the full purchase price of 48. May an adverse claim of ownership, based on
the land. prescription and adverse possession, be registered
over registered land?
44. Pedro sold registered land to an alien. The sale (a) Yes because adverse claim aims to protect the
was not registered. Realizing that the sale is interest of the person claiming ownership of the land.
prohibited, Pedro seeks to recover the land from the (b) No because title to registered land is
alien vendee. Will the action prosper? imprescriptible.
(a) Yes because the sale is not yet registered. (c) Yes because the adverse claim serves as a notice
(b) No because both Pedro and the alien vendee are that the adverse claimant has a better right to the land
in pari delicto. than the registered owner thereof.
(c) No because Pedro is estopped from impugning the (d) No because prescription for the acquisition of title
sale. is never presumed.
(d) Yes because the prohibition is designed for the
protection of the Filipino vendor. 49. If a dealer sells a condominium unit without a
license to sell, what is the consequence?
45. A homesteader cannot sell the homestead within (a) The sale is null and void.
5 years from the issuance of the patent. Which of the (b) It does not affect the validity of the contract if the
following situations is not covered by the prohibition? owner or dealer should thereafter secure a license to
(a) Sale made to the homesteader‘s own son or validate the sale.
daughter. (c) It subjects the condominium developer and its
(b) Sale made within the prohibitory period but officers civilly and criminally liable for the violation.
conditioned that the sale shall not take effect until (d) It allows the vendee to rescind the contract with a
after the expiration of said period. right to damages.
(c) Sale of a portion of the homestead with the
homesteader keeping a reasonable area for himself 50. Reconstitution denotes reconstruction of a lost or
and his family destroyed original certificate of title. The term ―any
(d) None of the above. other document‖ as a source of reconstitution may
include

(a) an order of the court for the issuance of the (a) return the document to the registrant for the
decree. reformation of the instrument.
(b) an approved survey plan and technical description (b) ask the registrant to elevate the matter to the LRA
of the land. for the resolution of the issue via en consulta.
(c) a certification by the LRA that a decree of (c) himself refer the matter to the LRA for the
registration was in fact issued. determination of the issue.
(d) none of the above. (d) advise the registrant to file an adverse claim in the
meantime pending further study and determination of
51. GanTan lost his title when his house was burned the issue.
in 1995. He filed for reconstitution in 2004. The court
denied the petition based on a BID certification 55. Every purchaser of registered land –
submitted by the OSG that GanTan is an alien. In (a) is charged with notice of all liens whether or not
case of appeal, how should the case be resolved? annotated on the title,
(a) The appeal should be denied because GanTan (b) should first investigate to determine the condition
being an alien is disqualified from owning land in the of the property.
country. (c) may safely rely on the validity of the title.
(b) Reconstitution should be ordered because a (d) should cautiously look behind the certificate to
Torrens title, as a rule, is irrevocable and indefeasible. determine the true owner.
(c) The appeal should be dismissed since petitioner
has lost his right to the land on the ground of laches. 56. May a Dutch national validly purchase a
(d) Reconstitution should be ordered because a residential unit in a townhouse project constituted
Torrens title cannot be collaterally attacked. under the Condominium Act?
(a) No because aliens, whether individuals or
52. Under the Indigenous Peoples Rights Act (RA No. corporations, are disqualified from acquiring public
8371), registration under the Torrens system of lands, hence, they are also disqualified from acquiring
individually-owned ancestral land requires private lands.
(a) possession for not less than 30 years immediately (b) Yes because for as long as 60% of the members
prior to the approval of the law on October 29, 1997. of the condominium corporation are Filipinos, the
(b) possession since June 12, 1945 or earlier. remaining members can be foreigners.
(c) possession for not less than ten (10) years in good (c) Yes because the unit owner is simply a member of
faith. the condominium corporation and the land remains
(d) possession for not less than thirty (30) years. owned by the condominium corporation.
(d) (b) and (c).
53. OCT No. 38621 was decreed in the name of
―Pedro Valdez, married to Lita Marquez‖. Because of 57. If only a portion of the land covered by a
the loss of the original copy of the title, Pedro certificate of title is sold by the owner, and the deed is
petitioned the court for reconstitution. During the presented for inscription, the Register of Deeds
pendency of the case, Lita died. Assuming that the (a) shall annotate the deed by way of memorandum
petition is substantiated, the court should issue an on the grantor‘s certificate of title, original and
order of reconstitution: duplicate.
(a) in the name of ―Pedro Valdez, widower‖. (b) shall not enter any transfer certificate to the
(b) in the name of ―Pedro Valdez, married to Lita grantee until a plan of the land showing all the
Marquez, deceased‖. portions or lots into which it has been subdivided shall
(c) in the name of ―Pedro Valdez, married to Lita have been verified and approved.
Marquez‖. (c) shall issue a new certificate of title to the grantee
(d) in the name of ―Pedro Valdez‖. for the portion conveyed and at the same cancel the
grantor‘s certificate partially with respect only to the
54. If the Register of Deeds is unsure whether or not portion conveyed.
an instrument affecting registered land is registrable, (d) (a) and (b).
he should

58. Pedro decides to sell his property to Jose only to rendered judgment nullifying Pedro‘s title as well as
discover the loss of his owner's duplicate certificate of the mortgage to the bank. The bank now claims that it
title covering it. What initial recourse should Pedro is both a mortgagee and buyer in good faith. Is the
take? bank correct?
(a) Report the fact of loss to the police and then file a
petition for replacement of the lost title before the (a) No because the bank is a transferee pendente lite,
court. subject to the results of the pending litigation.
(b) Send a notice under oath to the Register of Deeds (b) No because no valid lien can arise from a void title
of the province or city where the land lies as soon as as Pedro‘s.
the loss is discovered. (c) Yes because the notice of lis pendens cannot
(c) Promptly file with the proper court a verified affect the mortgage previously registered.
petition for replacement of the lost title. (d) No because Pedro‘s title was declared void, and
(d) Proceed with the documentation of the sale and the mortgage being but an accessory contract, is also
then file a petition for replacement of the lost title. void.
59. In 1995, Pedro, a natural born Filipino, bought an 62. The registration of an instrument affecting
agricultural land from Jose who has been in registered land
possession thereof as owner since 1942. Pedro (a) operates as a notice to all persons at the time of
migrated to Japan where he acquired Japanese registering.
citizenship. He came back to the Philippines in 2010 (b) gives effect to the instrument.
and applied for the registration of the land which is (c) forecloses a judicial declaration of its invalidity.
now industrial in character. The government opposed (d) records an existing title.
since Pedro is now an alien. Is the opposition valid?
(a) Yes because aliens are disqualified from acquiring 63. The cancellation of a notice of lis pendens
lands in the Philippines. (a) is contingent on the existence of a final judgment.
(b) Yes because even privately owned unregistered (b) is proper where it appears that the case has been
lands are presumed to be public lands under the unnecessarily prolonged.
Regalian doctrine. (c) may only be made at the instance of the adverse
(c) No because the land at the time of its acquisition party.
by Pedro is deemed already a private land. (d) may be made motu proprio by the Register of
(d) Yes because industrial lands may only be leased Deeds if it appears that the notice was filed to molest
to aliens. the adverse party.
60. Who has jurisdiction over cases involving the 64. Mineral resources are owned by
cancellation of registered emancipation patents (EPs), (a) the State, subject to privates rights if any there be.
certificates of land ownership award (CLOAs), and (b) the owner of the property where they are found.
other titles issued under the agrarian reform program? (c) the State.
(a) The Secretary of Agrarian Reform. (d) the indigenous peoples when they are found within
(b) The Department of Agrarian Reform Adjudication ancestral domains.
Board (DARAB).
(c) The ordinary courts of justice. 65. Which of the following statements is not correct:
(d) The RTC acting as a Special Agrarian Court (a) Because the majority of land in the country are
(SAC). agricultural lands, courts have a right to presume that
lands are agricultural unless shown otherwise.
61. To secure a loan, Pedro mortgaged his titled (b) By reason of the rapid growth of timber or minerals
property to the bank. The mortgage was annotated on today, lands classified as agricultural today may be
the title. Subsequently, Jose filed suit with the RTC to differently classified tomorrow.
quiet title and to nullify Pedro‘s title. A notice of lis (c) In classifying lands, each case must be classified
pendens was annotated on Pedro‘s title. For Pedro‘s upon the proof in a particular case.
failure to pay, the property was sold at auction with
the bank as successful bidder. Meantime, the RTC

(d) When a tract of land has trees upon it, it is (c) Yes because the acquisition of the land is strictly
sufficient to declare the legal classification of the land for religious purposes, i.e., upon which to build
as forest land. churches and charitable institutions.
(d) Yes because the religious organization has no
66. Private lands taken by the government for public capital stock, and so the Constitutional inhibition does
use through expropriation are not apply.
(a) private property.
(b) public lands. 71. Mangrove swamps are not registrable. They are
(c) patrimonial property. under the jurisdiction of the
(d) part of the public domain. (a) Bureau of Forest Development.
(b) Bureau of Fisheries and Aquatic Resources.
67. A cadastral proceeding is initiated by the (c) Department of Environment and Natural
government. Relevantly, Resources.
(a) Lands subject of a cadastral survey are deemed (d) Lands Management Bureau.
registrablelands.
(b) Lands cadastrallysurveyed, excluding forests, 72. The registration court
water bodies and other natural resources, are (a) must personally hear the parties and receive their
automatically considered A and D lands. evidence.
(c) Lands inside a cadastre must be officially declared (b) may refer the case to the clerk of court for the
A and D to be registrable. reception of evidence.
(d) Lands titled through cadastral proceedings cannot (c) may refer the case to a referee but the court may
be sold within 5 years from the issuance of the accept or reject his report.
decree. (d) may not refer the case to a referee for hearing
because judicial power is vested in the court itself.
68. The date of the initial hearing of a registration
case shall be not earlier than 73. Which statement is correct?
(a) 60 days from the date of the order. (a) Public land is not synonymous with public domain.
(b) 90 days from the date of the order. (b) Public land includes all lands of government
(c) 120 days from the date of the order. ownership.
(d) 45 days from the date of the order. (c) Government land and public land are synonymous
terms.
69. The remedy available to the interested party for (d) The government owns real estate which is part of
the Register of Deeds‘ denial of his request for the the public lands and other real estate which is not a
issuance of a certificate of title pursuant to a court part thereof.
judgment is:
(a) To cite the RD in contempt. 74. Non-publication of the notice of initial hearing in a
(b) To file a mandamus petition versus the RD. newspaper of general circulation
(c) To appeal the RD‘s denial to the LRA via consulta. (a) affects the jurisdiction of the court.
(d) To file administrative charges against the RD with (b) does not affect the jurisdiction of the court.
the LRA. (c) is not consequential since jurisdiction is acquired
by the publication of the notice in the Official Gazette.
70. Can a deed of donation of a parcel of land by a (d) does not affect the applicant‘s claim of ownership.
Filipino citizen to a religious organization whose
trustees are non-Filipinos, be admitted by the RD for 75. An order of general default
registration? (a) may be modified or amended only before the
(a) Yes because to disqualify the corporation would presentation of evidence by the applicant.(b)
be a violation of its religious freedom. precludes the filing of a motion for reconsideration by
(b) No because land tenure is not indispensable to the the oppositor who is concluded by the default order.
free exercise of religion. (c) may be revoked upon motion within 90 days from
the date of the default order.

(d) does not preclude the party in default from filing a 81. Where no person appears or answers within the
motion to set aside the default order. time allowed,
(a) the court shall enter an order of special default.
76. Under PD No. 1529, the registration court shall (b) an order of default may likely result in a judgment
decide the case within how many days from the date favorableto the applicant.
the case is submitted for resolution? (c) the allegations in the application shall be held as
(a) 90 days. confessed.
(b) 120 days. (d) the court may now render judgment either granting
(c) 1 year. or dismissing the application for registration.
(d) 30 days.
82. Where there is no publication of the notice of
77. The certification by the LRA that publication, initial hearing,
mailing and posting of the notice of initial hearing (a) the proceeding is utterly void.
have been complied with (b) personal notice to known adjoining owners may be
(a) is immaterial to the applicant‘s claim of ownership. effected to rectify the omission.
(b) may be considered because of the presumptive (c) lack of publication may be corrected by publication
regularity in the performance of official functions. of the notice before judgment.
(c) is subject to contrary proof. (d) the proceeding is valid if not contested by the
(d) is conclusive as to such fact. Solicitor General.
78. Where a tenant farmer appears to have a claim 83. Which of the following is false?
adverse to the applicant, who among the following (a)a judicial foreclosure of mortgage is a quasi in rem
need not be served with the notice of initial hearing? proceeding
(a) Director of Fisheries and Aquatic Resources. (b) An action to recover a parcel of land is a real
(b) Solicitor General. action and, hence, an action in rem.
(c) Secretary of Agrarian Reform. (c) Suits to quiet title are not technically suits in
(d) Mayor of the city or municipality where the land is rembut are characterized as quasi in rem.
situated. (d) An action to recover a parcel of land is an action in
personam.
79. An applicant for a homestead or any other mode
of disposition under the Public Land Act 84. Lands invaded by the sea
(a) may validly oppose an application for registration (a) belong to the affected municipality as municipal
because of his inchoate interest in the land. waters.
(b) has no legal right to oppose the application. (b) belong the State as maritime waters.
(c) may join cause with the Solicitor General by filing (c) belong to the State as part of the public domain.
his opposition himself . (d) may be reclaimed by the affected private property
(d) has the right to oppose if he has improvements on owner.
the land.
85. The Land Registration Authority (LRA), which is
80. Where public land is titled by final judgment, the central repository of records relative to registered
(a) the actual occupant is not barred from filing a lands, is under what office?
petition for relief from judgment. (a) Department of Agrarian Reform.
(b) the Director of Lands may conduct an investigation (b) Department of Justice.
to determine whether fraud attended the registration. (c) Office of the President.
(c) the government cannot entertain any (d) Department of Environment and Natural
administrative protests against the judgment. Resources.
(d) the government may file a petition to reopen the
proceedings for insufficient evidence to prove the 86. To be valid and effective, a notice of lis pendens
private character of the land. must be

(a)filed simultaneously with the filing of the action (b) permits one to defeat the claim of another.
subject of the notice (c) is an effective tool against the commission of
(b)annotated on both the duplicate certificate of title fraud.
on file with the Register of Deeds and in the (d) records an existing title.
possession of the registered owner.
(c)approved by the court in the pending case. 92. An action for reconveyance
(d)annotated on the original duplicate certificate of (a) seeks to reopen the registration proceedings.
title on file with the Register of Deeds. (b) respects the decree as incontrovertible and no
longer open to review.
87. To identify and segregate a portion of the public (c) seeks to nullify defendant‘s title to pave the
domain for the establishment of court houses in the issuance of a new title to the rightful owner.
country – (d) confirms plaintiff‘s ownership over the property.
(a) The Supreme Court must issue a Resolution en
banc for the purpose. 93. Under the Administrative Code, the Solicitor
(b) The issuance by the DENR of an Administrative General shall ―represent the government in all land
Order is sufficient. registration and related proceedings.‖ This means
(c) The reservation must be established by a that:
Presidential Proclamation. (a) the SG may deputize any government prosecutor
(d) There must be a resolution by joint houses of to assist him in the case.
Congress. (b) notice of court processes, orders and decisions
received by the prosecutor is notice to the Solicitor
88. Land reclaimed by the government may be sold General.
by the government to private parties only (c) the prosecutor may himself withdraw the
(a) when it is not needed for public service. government‘s appeal if he finds the same to be
(b) pursuant to a legislative act. without any factual or legal basis.
(c) pursuant to a Presidential proclamation. (d) the prosecutor may enter into a stipulation of facts
(d) when no longer needed for coast guard service. or compromise with the applicant.
89. The registration of an instrument affecting 94. The period of prescription in an action for
registered land reconveyance is counted from the
(a) operates as a notice to all persons at the time of (a) date of the issuance of the title.
registering. (b) date of the promulgation of the judgment.
(b) gives effect to the instrument. (c) discovery of the fraud.
(c) forecloses any judicial declaration of its invalidity. (d) date of issuance of the decree of registration.
(d) puts in issue an instrument previously registered.
95. An action for reversion by the State is proper
90. Which of the following allegations cannot be a when defendant‘s title covers
ground for the amendment or correction of a (a) land consisting of alluvial deposits caused by the
certificate of title? action of the sea.
(a) that the registered owner has married. (b) land previously titled through cadastral
(b) that new interests not appearing on the certificate proceedings.
have arisen. (c) land within a reservation for public use.
(c) that the corporation which is the registered owner (d) (a) and (c).
of the land has been dissolved.
(d) that the area should be corrected to conform to the 96. An adverse claim may be recorded in which of the
new survey tending to show that the evidence following instances?
introduced at the former hearing was inaccurate. (a) lease over land which could not be registered
because the owner‘s duplicate title was not
91. A Torrens certificate of title surrendered.
(a) protects the true owner from the usurper.

(b) existing claims on the land prior to the issuance of (a) The issuance of a reconstituted title does not
the certificate of title. determine the issue of ownership.
(c) hereditary rights of a person in the land registered (b) The LRA can motu proprio revoke the
in her sister‘s name. reconstituted title if the lost or destroyed title is
(d) (a) and (c). subsequently found.
(c) The issuance by the LRA of a reconstituted title is
97. Opposition to an application for registration must an administrative function.
be based on real right or dominion to property. This (d) The doctrine of res judicata applies to judicial
means that – reconstitution.
(a) the oppositor must be able to show title to the
property. 102. Section 14(1) of PD No. 1529 requires
(b) the oppositor must have the legal character possession and occupation of the land applied for
necessary to maintain a registration proceeding in his since June 12, 1945. Which of the following
own name. propositions is false?
(c) it is enough that the oppositor should appear to (a) Occupation is broader than possession because it
have an interest in the property. includes the latter.
(d) all of the above. (b) Occupation delimits the effect of constructive
possession.
98. Under the Water Code, waters found on private (c) Possession means acts of dominion which a party
lands belong the State. Which of the following is would naturally exercise over his own property.
excluded? (d) Occupation serves to highlight that possession
(a) continuous or intermittent waters rising on such must not be a mere fiction.
lands.
(b) lakes and lagoon naturally occurring on such 103. An adverse claim is effective for 30 days. To
lands. render the adverse claim functus officio,
(c) rain water falling on such lands. (a) the interested party should formally request the
(d) none of the above. Register of Deeds to cancel the same upon the
expiration of the 30-day period.
99. Pedro files an application for registration. (b) no action is necessary since the adverse claim
However, the land applied for had been previously automatically lapses upon the expiration of the 30-day
registered in the name of Jose. What should Jose do? period.
(a) Jose should file an opposition and present his title (c) the interested party should file a petition in court
during the hearing. for the cancellation of the adverse claim.
(b) Jose should file an opposition alleging that Pedro‘s (d) it is necessary to await the final outcome of the
application constitutes a collateral attack on his title. case.
(c) Jose should file a motion to dismiss based on res
judicata. 104. Can an adverse claim of ownership over
(d) Jose should file a suit for damages against Pedro registered land, based on acquisitive prescription, be
for fraudulently seeking to register land which, he registered?
should know, is already titled to another. (a) Yes because adverse claim aims to protect the
interest of the person claiming ownership thereof.
100. The presumption in Article 160 of the Civil Code (b) No because title to registered land is
that all property of the marriage belongs to the imprescriptible.
conjugal partnership applies when (c) Yes because adverse claim is a notice that the
(a) the ―spouses‖ are legally married. adverse claimant has a better right to the land than
(b) the title is in the name of both husband and wife. the registered owner thereof.
(c) the spouses are living together. (d) No because acquisitive prescription of title to land
(d) the property was acquired during the marriage. can never be presumed.
101. In reconstitution proceedings, which of the 105. An action for reconveyance based on a void
following propositions is wrong: deed of sale for lack of consent

(a) prescribes in 10 years. 110. Pedro files a petition for administrative

(b) prescribes in 4 years reconstitution of title, but it appears that the land is
(c) is imprescriptible already titled in the name of Lim. Lim is a Chinese.
(d) prescribes in 6 years. What are the options open to the LRA?
(a) The LRA should order outright the cancellation of
106. A corporation sole may purchase and hold real Lim‘s title and proceed to act on Pedro‘s petition for
estate because - reconstitution.
(a) the properties acquired by the corporation pass (b) The LRA should dismiss Pedro‘s petition pending
upon the death of the administrator to his heirs who the filing by the OSG or the competing claimant of an
are Filipino citizens. action before the RTC for the cancellation of Lim‘s
(b) ownership of said properties fall upon the church title.
or congregation and not upon the incumbent (c) The LRA should elevate the matter to the
administrator. Secretary of Justice for advisory opinion.
(c) the corporation exercises ownership independently (d) The LRA should defer action on Pedro‘s petition
of the nationality of its incumbent administrator. pending the results of the action to determine the
(d) (b) and (c). validity of Lim‘s title
107. What is the concept of ownership of ancestral 111. Who is the proper party to file an action for
domains? annulment or amendment of the title where it appears
(a) Ancestral domains are part of the lands of the that the Assurance Fund may be held liable for
public domain under the concept of jura regalia. damages due to the unlawful or erroneous issuance
(b) Ancestral domains are the private but community thereof?
property of indigenous peoples. (a) the Solicitor General
(c) Ancestral domains and all natural resources (b) the LRA Administrator
therein belong to indigenous cultural communities (c) the LMB Director
based on native title. (d) the Register of Deeds
(d) (a) and (b).
112. The rule that a forged deed may become the root
108. Land already decreed in an ordinary registration of a valid title
case cannot again be the subject of a subsequent (a) does not apply where the owner still holds a valid
cadastral proceeding because title over the land.
(a) once land is judicially decreed, the judgment is res (b) applies even where the owner no longer holds a
judicata. valid title to the land.
(b) the registration in the name of the first owner is (c) applies where the forger obtains a title to the land
constructive notice to the whole world. and thereafter sells it to another.
(c) to declare the later title valid as against the first (d) (a) and (c).
would undermine the efficacy of Torrens system.
(d) all of the above. 113. The Assurance Fund is not liable for loss or
damage caused by which of the following?
109. To avail of a petition for review, (a) Breach of trust, express or implied.
(a) the petitioner must allege facts surrounding the (b) Mistake in the resurvey of registered land causing
trial which prevented a fair determination of the case. expansion of the area.
(b) the petition must be filed within sixty (60) days (c) Error in the subdivision of the land resulting in the
from the finality of the decision of the registration increase in area.
court. (d) all of the above.
(c) the petitioner must await the expiration of one year
from the issuance of the decree of registration. 114. No salesman shall engage is selling subdivision
(d) the property has not passed to an innocent lots unless registered with HLURB. His registration
purchaser for value. shall cease when
(a) he has made a false statement in his application
for registration.

(b) he has demonstrated his unworthiness to transact (a) he has a continuing right to the aid of a court of
business as such. equity to remove a cloud on his title.
(c) he has violated any provision in his certificate of (b) he may wait until his title is attacked before taking
registration. steps to vindicate his right.
(d) his employment with a dealer or broker has (c) possession is a continuing right as is the right to
terminated. defend such possession.
(d) all of the above.
115. Pedro, a lot buyer, filed a complaint against Asia
Development Corporation (ADC) for mortgaging 120. A certificate of title based upon a public land
subdivision lots (including his) without being first patent becomes indefeasible within what period?
informed of such fact. Which of the following defenses (a) 5 years after the issuance of the patent.
of ADC is valid? (b) 1 year from the issuance of the patent.
(a) that the loan to ADC was granted when the (c) 1 year from the date of the order of award.
mortgaged property was not yet subdivided. (d) 5 years from the approval of the application.
(b) that the mortgage was constituted prior to the
actual sale of the lot to Pedro. 121. What is the consequence of non-payment by the
(c) that the knowledge or consent of the lot buyer to lot buyer of installments due for failure of the
the mortgage is not required. owner/developer to finish the project within the time
(d) none of the above. agreed upon?
(a) Installments paid shall be forfeited in favor of the
116. A notice of lis pendens owner/developer.
(a) binds a bona fide purchaser of the property in (b) The buyer may ask for the reimbursement of all
dispute. amounts paid, but without interest.
(c) creates a right or lien that previously did not exist. (c) The owner/developer could rescind the contract.
(c) binds a purchaser, whether bona fide or not, of the (d) The buyer may suspend further payments until the
disputed property. owner/development had fulfilled its obligations.
(d) is part of the doctrine of notice.
122. A proceeding for the issuance of a writ of
117. An action for reconveyance of land valued at possession is a mere incident in the transfer of title,
P15,000 should be filed with what court? hence, it is impractical to award possession to a
(a) the second level court of the province where the purchaser of property with knowledge of the existence
land lies. of a third-party claim before said claim has been
(b) the second level court or first level court of the decided. Which of the following does not accord with
place where defendant resides. this principle?
(c) the first level court of the municipality where the (a) The court may not grant the writ where title is in
land lies. doubt.
(d) the second level court of the place where plaintiff (b) The prudent course of action is to hold in
resides. abeyance proceedings for the issuance of the writ.
(c) The true owner must resort to judicial process for
118. Where the object of the plaintiff is to recover the recovery of the property.
possession of real property as owner, the proper (d) The interested party should resort to mandamus
action is: since issuance of the writ is ministerial.
(a) forcible entry and detainer.
(b) accion reivindicatoria. 123. An action for reconveyance based on an implied
(c) accion publiciana. or constructive trust prescribes in how many years
(d) declaratory relief. from the issuance of the title over the property?
(a) 4 years.
119. An action to quiet title to property in the (b) imprescriptible.
possession of the plaintiff is imprescriptible, the (c) 10 years.
reason being that: (d) 6 years.

124. The State may prosecute for perjury the party

who obtains registration through fraud, such as by 129. The original certificate of title is issued on the
stating false assertions in the sworn application of date
applicants? Thus premised, which of the following is (a) the decree of registration is issued by the LRA.
false? (b) the title is given the corresponding number by the
(a) A judgment on the guilt of the accused would not Register of Deeds.
undermine the indefeasibility of Torrens titles. (c) the original and duplicate copies are received by
(b)To give immunity from prosecution to those the Register of Deeds from the LRA.
successful in deceiving the registration court would be (d) the decree of registration is transcribed.
putting a premium on perjury.
(c) The prosecution for perjury would amount to an -----FIN------
attack on the validity of the titles which are presumed
valid.
(d) Any judgment rendered in the criminal case would
leave the titles undisturbed.
125. Laches is the failure or neglect to assert a right

within reasonable time. Which is not correct in the
following statements?
(a) Laches is concerned with the fact of delay.
(b) Laches applies in equity.
(c) Laches is concerned with the effect of delay.
(d) Laches is not based on a fixed time.
126. The writ of possession may not be issued in

which of the following?
(a)in a land registration proceeding.
(b)in a petition for reconstitution.
(b) in an extrajudicial foreclosure of a realty mortgage.
(c)in a judicial foreclosure of mortgage.
127. What options are open to the mortgagee in case

the mortgagor dies?
(a) waive the mortgage and claim the entire debt from
the estate of the mortgagor as an ordinary claim.
(b) foreclose the mortgage judicially and prove any
deficiency as an ordinary claim.
(c)Rely on the mortgage exclusively, foreclosing the
same at any time before it is barred by prescription,
without right to file a claim for any deficiency.
(d) all of the above.
128. Within what period may a judgment in a land

registration case be enforced?
(a) Upon motion within 5 years from the date of entry.
(b) No further proceeding to enforce the judgment is
necessary.
(c) Upon motion within 10 years from the date of
entry.
(d) Upon motion after finality of judgment praying that
LRA be directed to issue the decree of registration.

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LAND, TITLES, AND DEEDS REVIEWER Justice Oswaldo Agcaoili

University of Santo Tomas – Faculty of Civil Law Professor – 2C (2017-2018)

LAND, TITLES, AND DEEDS

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The value of the property is ascertained in three

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Where there is no showing as to when the property

2. Where the property is presumed conjugal but the

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Property devoted for public service cannot be sold

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Mineral land means any area where mineral

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during the dry season, may be registered. (Republic

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Malabanan v. CA, GR No. 179987, April 29,

Lands of the public domain shall form part of the

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can they restrain the government from taking steps to

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―The State recognizes and promotes the rights of Modes of Acquisition

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Note: In Rellosa v. Gaw Chee Hun, 93 Phil. 827, the

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DENR level of authority on land classification

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JUDGMENT Motion for execution of judgment not required

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giving them their day in court in proper independent

Failure to vacate; contempt Issuance of decree and certificate of title

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REMEDIES Extrinsic fraud is the fraudulent act of the successful

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District No. XII-3, Marawi City, was not presented in

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certificate of title and acquired rights over the property

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Illustrative cases: REGISTERED LAND NOT SUBJECT TO

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A notice of lis pendens neither affects the merits of

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