Professional Documents
Culture Documents
LTD Rev From Net
LTD Rev From Net
Operative Act – registration by owner; deed not registered – binding only between parties
Process of Registration:
1. File instrument creating or transferring interest and certificate of title with Register of
Deeds
2. Owner’s duplicate
3. Payment of fees & documentary stamp tax
4. Evidence of full payment of real estate tax
5. Document of transfer – 1 copy additional for city/provincial assessor
6. Register of Deeds shall make a memorandum on the certificate of title, signed by him
7. Issue TCT
Voluntary dealings
Need to present title – to record the deed in registry & to make memorandum on title.
Involuntary dealings
No presentation required; sufficient that annotation in entry book is sufficient
Formal requisites of a deed:
1. Full name
2. Nationality
3. Place of residence
4. Postal address of grantee or other persons acquiring or claiming interest
5. Civil status
6. Whether or not corporation:
b. Enter in order of reception all deeds & voluntary instruments, write & processes re land -Year,
month, day, time, minute of reception of instrument; Registered from time of entry
e. Documents are numbered & indexed & indorsed with reference to certificate of title– public records
1. JUDICIAL
2. EXTRA-JUDICIAL
Prescribes in 10 years
If acknowledged in written form – becomes express trust – prescribes upon repudiation
CHAPTER 14: REGISTRATION OF LIS PENDENS
Purpose: keep subject matter within the power of the court until the entry of final judgment
Therefore creates merely a contingency & not a liens
Effect of Registration:
1. Impossibility of alienating the property in dispute during the pendency of the suit – may
be alienated but purchaser is subject to final outcome of pending suit
2. Register of Deeds duty bound to carry over notice of lis pendens on all new titles to be
issued
Cancellation of Lis Pendens:
1. Before final judgment – court may order cancellation after showing that notice I sonly
for purpose of molesting an adverse party or it is not necessary to protect rights of party
who caused it to be registered
2. Register of Deeds may also cancel by verified petition of party who caused such
registration
3. Deemed cancelled when certificate of clerk of court stating manner of disposal of
proceeding is registered
Notice of Lis Pendens is an Involuntary Transaction
Sufficient that there is entry in day book
Other Parties who Need to Register:
1. ASSIGNEE IN INVOLUNTARY PROCEEDING FOR INSOLVENCY
Duty of the officer serving notice to file copy of notice to Register of Deeds where the
property of debtor lies
Assignee elected or appointed by court shall be entitled to entry of new certificate of
registered land upon presentment of copy of assignment with bankrupt’s certificate of
title (duplicate)
New certificate shall not that it is entered to him as assignee or trustee in insolvency
proceedings
Judgment / Order Vacating Insolvency Proceedings
Order shall also be registered
Surrender title issued in name of assignee & debtor shall be entitled to entry of new
certificate
2. GOVERNMENT IN EMINENT DOMAIN
Copy of judgment file in Register of Deeds which states description of property,
certificate number, interest expropriated, nature of public use
Memorandum shall be made or new certificate of title shall be issued
Now: restricted meaning; fishponds has distinct category; cannot be alienated but may be leased from
government.
Director of Lands
Quasi-judicial officer
Findings of fact conclusive on higher court with absence of fraud, mistake other than
error of judgment; but not with regards to finding of law
Empowered to alienate and dispose lands
Modes of Alienating Public Lands:
1. Homestead settlement
2. Sale
3. Confirmation of imperfect or incomplete title
4. Judicial legalization
5. Administrative legalization
Lease not included since lease does not transfer ownership; free-title grant: free
distribution of public lands to encourage people to cultivate; government furnishes the
applicant with tolls plus cash allowance to enable him to cultivate
Confirmation of Imperfect Title:
1. Last extension granted by Government was until December 31, 1987
2. Right made available to person qualified to acquire alienable and disposable public land
thru open, continuous, exclusive, notorious (OCEN) possession under bonafide claim of
ownership since June 12, 1945.
3. Prior to transfer of sovereignty from Spain to US, have applied for purchase but did not
receive title, without default on their part provided they have occupied since their
application
4. In OCEN possession since June 12, 1945 or earlier
5. Members of cultural minorities in OCEN who has claim of ownership for at least 30 years
Max Land that can be Applied: 144 hectares
In case of foreigner, sufficient that he is already Filipino citizen at the time of his
application
Corporation who has less 60% Filipino ownership cannot apply confirmation of imperfect
title; can only lease
Persons Competent to Question Land Grant
Persons who obtained title from State or thru persons who obtained title from State
PATENT
When is Government Grant Deemed Acquired by Operation of Law:
1. Deed of conveyance issued by government patent/grant
2. Registered with Register of Deeds – mandatory: operative act to convey & transfer title
3. Actual physical possession, open & continuous
Land ceased to be part of public domain & now ownership vests to the grantee
Any further grant by Government on same land is null & void
Upon registration, title is indefeasible
Title Issued Pursuant to Registration of Patent
1. Indefeasible – when registered, deemed incorporated with Torrens system; 1 year after
issuance of patent
2. May not be opened one year after entry by Land Registration Authority; otherwise,
confusion, uncertainty & confusion on government system, of distribution of public lands
may arise & this must be avoided
Except: annullable on ground of fraud, may be reopened even after 1 year because registration does
not shield bad faith
Court in exercise of equity jurisdiction may direct reconveyance even without ordering
cancellation of title
Aim of Homestead Patent:
Benevolent intention of government to distribute disposable agricultural land to
destitute citizens for their home and cultivation
As a matter of public policy, may be repurchased even if after 5 years provided not for
profit
Right of repurchase not allowed if sold within family & not for cultivating or living but
for speculation purpose
Restrictions:
1. Cannot be alienated within 5 years after approval of application for patent
2. Cannot be liable for satisfaction of debt within 5 years after approval of patent
application
3. Subject to repurchase of heirs within 5 years after alienation when allowed already
4. No corporation, partnership, association may acquire unless solely for commercial,
industrial, educational, religious or charitable purpose or right of way subject to consent
of grantee & approval of Secretary of Natural resources
Exceptions:
1. Action for partition because it is not a conveyance
2. Alienations or encumbrances made in favor of the government
Erred Homesteader not Bared by Pari Delicto
Pari delicto rule does not apply in void contract
Violation of prohibition results in void contract
Action to recover does not prescribe
Homesteader
If he dies, succeeded by heirs in the application
Legal Restriction in Disposition by Non-Christians (Cultural MINORITIES)
Conveyance is valid if able to read and can understand language where deed is written
Otherwise, not valid unless approved by Commission on National Integration
Safeguard is to protect them against fraud/deceit
Party
Initiating Government Private Individual