Ateneo de Manila University

School of Law
First Semester S.Y. 2021-2022
SYLLABUS on LAND TITLES AND DEEDS
ATTY. ROBERT NOMAR V. LEYRETANA – LECTURER

COURSE DESCRIPTION:
This two (2) unit course is called Property Registration (Land Titles and Deeds), which would primarily aim to give students
a review of the general concepts of the torrens system of land titling and other land registration laws in the Philippines.
Its purpose is to provide students the tools and legal understanding to effectively tackle cases involving all aspects of land
and interest therein – the nature of land as classified under the Constitution and statutes; the manner by which the State
disposes pubic land and the method through which original certificate of title can be obtained, proceedings subsequent
to original registration, dealings with the Registry of Deeds for subsequent registration and annotation of deeds and
instruments on a title, with emphasis on the underlying principles of the Torrens System of registration, as codified by the
Property Registration Decree (P.D. 1529); and the Public Land Act (Act 141). The course (if time permits) may also cover
the Condominium Act, Chattel Mortgages and other land related laws.

METHODOLOGY:
Case assignment, class recitation, lecture discussion, research, and Registry of Deeds visit (if time and quarantine protocol
permits)

ADMINISTRATIVE MATTERS:
1. Students will be called at random for recitation. Any student who is not inside the virtual classroom at the time she/he
is called will automatically get a grade of 50 for that specific recitation.
2. Upon the discretion of the professor, there will be an unannounced short quiz at the start of any random class, which
shall cover the topic taken up in the immediately preceding class session. Failure to take one due to the student’s absence
will merit a grade of 50 for that specific quiz. (Not applicable at this time)
3. Any student can go out of the virtual classroom provided he asks prior through the chat box, but he/she assumes the
risk of being called for recitation while being out of the virtual classroom, thus, administrative rule number 1 shall apply.
Note: Specific rules and guidelines for the conduct of midterms and finals shall be subject to further advisory from the
Dean’s Office.

GRADING SYSTEM:
Class Participation and Recitation – 25%
Final Examination – 37.5%
Mid-term Examination – 37.5%
Total 100%
(subject to change upon the discretion of the Professor)

PRESCRIBED TEXTBOOK:
No prescribed textbook. It is important, however, that students MUST have a copy of the CODAL Provision of
PRESIDENTIAL DECREE NO. 1529 (PROPERTY REGISTRATION DECREE) and other related laws as may be directed in this
Syllabus, i.e.:

▪ Commonwealth Act 141 (Public Land Act)

▪ PD No. 892, February 16, 1976
▪ Civil Code Provisions on Properties
▪ Act 1120 - Friar Land Act (1904)
▪ R.A. 10023 - Residential Free Patent Act
▪ R.A. No. 11231 - Agricultural Free Patent Reform Act
▪ R.A. No. 730 – Miscellaneous Sales Patent Law
▪ Act 1508 The Chattel Mortgage Law, as amended
▪ Republic Act No. 26 - Reconstitution of Certificates of Title
▪ Republic Act No. 6732 - Administrative Reconstitution of Title
▪ PD No. 27 - Rice and Corn Land Reform Law of 1972
▪ R.A. 6657 - Comprehensive Agrarian Reform Program (CARP)
▪ R.A. 9700 - CARP Extension Law
▪ P.D. 957 - Subdivision and Condominium Protective Buyers’ Decree
▪ Republic Act No. 8371 (Indigenous Peoples Rights Act –IPRA)
▪ Condominium Act (R.A. 4726) and its Amendment (R.A. 7899)
▪ Batas Pambansa Bilang 185
▪ Republic Act No. 9225 – Dual Citizenship Law
▪ IRR of R.A. 7042 – Omnibus Investment Code
▪ PD 1084 and PD 1085 (Law creating Philippine Reclamation Authority)
▪ Supreme Court Administrative Circular No. 7-96 dated July 15 1996
▪ RA 11057 – Personal Property Security Act
▪ *RA No. 11573 – Amendment to Section 14 of PD 152 and other pertinent provisions of CA 141 on
administrative legalization and judicial confirmation of imperfect title. (new law)
▪ RA 11569 – Estate Tax Amnesty Law
➢ Basic Definition of Terms:

• LAND TITLE is the evidence of the owner’s right or extent of interest, by which he can maintain control
and as a rule assert right to exclusive possession and enjoyment of property.
• DEED is the instrument in writing by which any real estate or interest therein is created, alienated,
mortgaged, or assigned, or by which title to any real estate may be affected in law or equity.
• REGISTRATION OF TITLE - is a judicial or administrative proceeding whereby a person’s claim over a
particular land is determined and confirmed or recognized so that such land and the ownership thereof
may be recorded in a public registry.
• REGISTRATION OF DEEDS is an administrative process of registering certain deed, instrument involving
conveyance, mortgage, lease, lien, attachment, order, judgment, instrument or entry affecting
registered or unregistered land, which, if registered, filed or entered in the office of the Register of
Deeds for the province or city where the land to which it relates lies, be constructive notice to all
persons from the time of such registering, filing or entering.
• TORRENS SYSTEM is a system for registration of land under which, upon the landowner’s application, the
court or administrative agencies authorized by law, may, after appropriate proceedings, direct the
issuance of a certificate of title, or actually issues the title and its subsequent registration in the proper
Registry of Deeds.

➢ The Torrens System

➢ History of Torrens System in the Philippines

• Separate Opinion of Justice Puno in Cruz vs. Sec. of DENR, G.R. No. 135385, December 6, 2000
• Regalian Doctrine - Section 2, Article XII, 1987 Constitution
• Exception to the Regalian doctrine
✓ Mateo Cariño Vs. The Insular Government, 212 U.S. 449 (1909)
✓ Separate Concurring Opinion of Justice Leonen in Republic vs. Andrea Tan, G.R. No. 199537,
Feb. 10, 2016, Focus on the Separate Concurring Opinion of Justice Leonen
✓ Carino Doctrine as applied to CADT and CALT issued under

▪ Laws affecting Titles and Deeds during Spanish Period

• Laws of the Indies
• Ley Hipotecaria (Spanish Mortgage Law )
• Royal Decree of 1894 or the Maura Law
• How are Spanish titles different from Torrens title?
o Pinagcamaligan Indo-Agro Development Corporation, Inc., vs. Hon. Macario
Peralta, Jr., G.R. No. L-25459, June 28, 1968; G.R. No. L-24796, June 28, 1968
• What happened to Spanish Titles?
o Sections 1, 2, 3 of PD 892 of 1975
o Section 3, PD 1529
o Section 113, PD 1529

▪ Introduction of the Torrens system under American Period

• Land Registration Act (Act No. 496, January 1, 1903)
• First Public Land Act (Act No. 926, October 7, 1903)
• Act No. 926 was superseded by Act No. 2874 (November 29, 1919)
• Cadastral Act (Act 2259, February 11, 1913)

▪ Laws affecting Tiles and Deeds after American Period, up to the present time.
▪ CA No. 141 amended Act No. 2874 in December 1, 1936, remains as the existing general
law governing the classification and disposition of lands of the public domain, until today
▪ PD No. 892, February 16, 1976 discontinued the use of Spanish titles as evidence in land
registration proceedings.
▪ PD No. 1529, June 11, 1978, known as the Property Registration Decree, June 11, 1978,
the codification of procedure of registration and titles and deeds until today.

• Republic Act No. 11573, July 16, 2021 (Amendment to Section 14 of PD

152 and other pertinent provisions of CA 141 on administrative
legalization and judicial confirmation of imperfect title)

▪ Other relevant laws affecting land registration and rights over real and other properties.

✓ Sections 2, 3, 7 and of the 1987 Philippine Constitution

✓ Civil Code Provisions on Properties
✓ Act 1120 - Friar Land Act (1904)
✓ R.A. 10023 - Residential Free Patent Act
 ✓ R.A. No. 11231 - Agricultural Free Patent Reform Act
✓ R.A. No. 730 – Miscellaneous Sales Patent Law
✓ Act 1508 The Chattel Mortgage Law, as amended
✓ Republic Act No. 26 - Reconstitution of Certificates of Title
✓ Republic Act No. 6732 - Administrative Reconstitution of Title
✓ PD No. 27 - Rice and Corn Land Reform Law of 1972
✓ R.A. 6657 - Comprehensive Agrarian Reform Program (CARP)
✓ R.A. 9700 - CARP Extension Law
✓ P.D. 957 - Subdivision and Condominium Protective Buyers’ Decree
✓ Republic Act No. 8371 (Indigenous Peoples Rights Act –IPRA)
✓ Condominium Act (R.A. 4726) and its Amendment (R.A. 7899)
✓ Batas Pambansa Bilang 185
✓ Republic Act No. 9225 – Dual Citizenship Law
✓ IRR of R.A. 7042 – Omnibus Investment Code
✓ PD 1084 and PD 1085 (Law creating Philippine Reclamation Authority)
✓ Supreme Court Administrative Circular No. 7-96 dated July 15 1996
✓ RA 11057 – Personal Property Security Act
✓ RA No. 11573 – Amendment to Section 14 of PD 152 and other pertinent provisions of CA
141 on administrative legalization and judicial confirmation of imperfect title. (new law)
✓ RA 11569, June 30, 2021 – Estate Tax Amnesty Law

▪ Title as distinguished from Certificate of title

• Dinah C. Castillo Vs. Antonio M. Escutin, Et Al., G.R. No. 171056, March 13, 2009
• Is acquiring a title (torrens certificate of title) synonymous to acquiring ownership?
• MODES OF ACQUIRING OWNERSHIP
▪ Article 712, Civil Code
• Occupation
• Intellectual Creation
• By law
• Donation
• Succession (testate and intestate)
• As a consequence of certain contracts and tradition
• Prescription (adverse possession)
▪ Art. 457, Civil Code, Accretion
▪ Cureg vs. IAC, G.R. No. 73465, September 7, 1989
▪ Ignacio Grande, vs. CA and Calalung, G.R. No. L-17652, June 30, 1962
▪ Heirs of Francisco I. Narvasa, Sr., Vs. Emiliana, Victoriano, G.R. No. 182908,
August 6, 2014

• MODES OF ACQUIRING A CERTIFICATE OF TITLE

▪ Judicial Proceedings
▪ Sections 11 in relation to Sections 47, 48 of CA 141, and Section 14 of PD
1529 (Relate this to RA No. 11573, July 16, 2021)
▪ Ordinary Land Registration – Section 14, PD 1529 (Relate this to RA 11573)
▪ Cadastral Land Registration Proceedings – Section 35, 36, 37 and 38 of PD
1529
▪ Distinguish Ordinary land registration proceeding and Cadastral land
registration proceeding

▪ Administrative Proceedings
▪ Section 11, CA 141
• Section 44, CA 141 (Free Patent or Administrative Legalization of
Imperfect Title) as amended by RA No. 11573, July 16, 2021
▪ Section 12, CA 141 (Homestead Patent)
▪ Section 22, CA 141 (Sales Patent)
▪ Miscellaneous Sales Patent - (RA 730 - Miscellaneous Sales Patent
Law); Read also Presidential Decree No. 2004 dated December 30,
1985, amending Section 2 of Republic Act 730
▪ Residential Free Patent – Section 5 of RA 10023 (Residential Free
Patent Act)
▪ Special Patents for public schools, municipal halls, public plazas or
parks and other government institutions for public use or purpose -
issued under Section 4 of RA 10023 (Residential Free Patent Law)
▪ Special Patents issued under Section 4 of PD 1084 and 2nd to the last
paragraph of PD 1085 (Special Patents for Reclamations)
▪ Emancipation Patents) PD No. 27 - Rice and Corn Land Reform Law
of 1972
 ▪ Certificate of Land Ownership Award R.A. 6657 - Comprehensive
Agrarian Reform Program (CARP)
▪ Certificate of Ancestral Domain Title (CADT) - Read Section 3 (a) and
5 of RA 8371 (Indigenous Peoples Rights Act-IPRA)
▪ Certificate of Ancestral Land Title - Section 3 (b), RA 8371 (IPRA)
o Are CALT’s part of the torrens system? Read Section 12,
RA 8731

▪ Is there a significant practical differences between the proceedings in obtaining title

through judicial and administrative proceedings?
o Vicente E. Kayaban vs. Republic of the Philippines, G.R. No. L-33307 August 30,
1973
▪ Distinction between the provisions of the Public Land Act (CA 141) and Property
Registration Decree (PD 1529)
o Separate Opinion of Justice Brion in Republic vs, Malabanan, (GR No.
179987, April 29, 2009)
o Limcoma Coop Vs. Republic, G.R. 167652, 7/10/07

➢ What are the holding period limitations on Administratively Issued titles?

▪ Free Patent
o Section 118 of Commonwealth Act 141
o Section 3 and Section 4 of R.A. No. 11231 (Agricultural Free Patent Reform
Act)
o Section 9 of RA 11573
▪ Homestead Patent - 2nd par Section 118 of Commonwealth Act 141
▪ Sales Patent - Section 29 of Section of Commonwealth Act 141
▪ Miscellaneous Sales Patent - (RA 730 - Miscellaneous Sales Patent Law); Read also
Presidential Decree No. 2004 dated December 30, 1985, amending Section 2 of
Republic Act 730
▪ Residential Free Patent – Section 5 of RA 10023 (Residential Free Patent Act)
▪ Special Patents for public schools, municipal halls, public plazas or parks and other
government institutions for public use or purpose - issued under Section 4 of RA
10023 (Residential Free Patent Law)
▪ Special Patents issued under Section 4 of PD 1084 and 2nd to the last paragraph of
PD 1085 (Special Patents for Reclamations)
▪ Certificate of Land Ownership Award or CLOA under Sections 4, 7, 24 and 27 of
Comprehensive Agrarian Reform Law CARP (RA 6657)
o Section 12 of Republic Act No. 9700 (August 7, 2009) CARP Extension Law
▪ Emancipation Patents under Rice and Corn Land Reform of 1972
▪ Read the entire text of PD No. 27 of 1972
o Joselito C. Borromeo, Vs. Juan T. Mina, G.R. No. 193747, June 5, 2013
o Mercedes N. Abella Vs. Heirs Of Francisca C. San, G.R. No. 182629, February
24, 2016,
o Section 12 of Republic Act No. 9700 (August 7, 2009) CARP Extension Law
▪ Certificate of Ancestral Domain Title (-CADT
o Section 3 (a) and 5 of RA 8371 (Indigenous Peoples Rights Act-IPRA)
▪ Certificate of Ancestral Land Title
o Section 3 (b) of IPRA
o Section 8 and 12 of IPRA
o DOJ OPINION NO. 052, s. 2014 August 22, 2014)
o Sanson vs. ATI Indigenous Cultural Community of Boracay Is. , GR No.
224462, June 10, 2019

➢ Title is not the same as a certificate of torrens title. Registering a piece of land under the Torrens System
does not create or vest title, because registration is not a mode of acquiring ownership. A certificate of
title is merely an evidence of ownership or title over the particular property described therein.
▪ Sps. Ching vs. Family Savings Bank, G.R. No. 167835/188480, Nov. 15, 2010
▪ Leoncio Lee Tek Sheng, Vs. Court Of Appeals, , G.R. No. 115402, July 15, 1998
▪ Galang-Castillo v. Heirs of Lucman, G.R. No. 211911 (Notice), [July 30, 2019

➢ All natural resources are owned by the State and cannot be alienated. What about exploitation, development
and utilization? Can EDU be allowed to other person other than the State. If so can it be allowed to foreigners?
• Section 2, ARTICLE XII, 1987 Constitution
• La Bugal-B’laan Tribal Association Inc. vs, DENR, G.R. No. G.R. No. 127882, January 27, 2004
• Yinlu Bicol Mining Corporation, vs. Trans-Asia Oil And Energy Development Corporation, G.R. No.
207942, January 12, 2015

➢ Classification of lands of the public domain, Section 3, Art. XII, 1987 Constitution.
 o What are the 4 classification of lands as enumerated under Section 3, Article XII, 1987 Constitution
o Meaning of “agricultural land” under the Constitution - Krivenko vs. The Register of Deeds of the City of
Manila, G.R. No. L-630, November 15, 1947
o Rationale behind constitutional ban for private corporation to hold agricultural land of public
domain - Chavez Vs. Pea-Amari, G.R. No. 133250, July 9, 2002
o BUT MAY PRIVATE CORPORATION BE AN APPLICANT FOR ORIGINAL REGISTRATION OF TITLE?
o MERALCO vs. Castro-Bartolome, G.R. No. L-49623, June 29, 1982,
o Republic vs. IAC and ACME Plywood and Veneer Co., G.R. No. 73002, December 29, 1986
o Republic vs. T.A.N, G.R. No. 154953, June 26, 2008
o Republic v. Herederos de Ciriaco Chunaco Disteleria Incorporada, G.R. No. 200863, [October 14, 2020])

➢ What are property of public dominion belonging to the State within the context of the Civil Code?
• Article 419, 420, 421 and 422 of Civil Code
• Relate this to Article 1113 of the Civil Code
• Heirs of Mario Malabanan vs. Republic, G.R. No. 179987, April 29, 2009
• Republic Vs. East Silverlane Realty Development Corporation, (G.R. No. 186961, February 20, 2012)
• RA No. 11573, July 16, 2021
➢ Section 7 and 8, Article XII, 1987 Constitution – May a foreigner be a transferee of a private land in the
Philippines?
• Palacios vs. Ramirez, (G.R. No. L-27952 February 15, 1982)
• Krivenko vs. The Register of Deeds of the City of Manila, G.R. No. L-630, November 15, 1947
• Muller v. Muller, G.R. No. 149615, August 29, 2006 500 SCRA 65 (2006)
• Philip Matthews, Petitioner, Vs. Benjamin A. Taylor And Joselyn C. Taylor, Respondents. G.R. No.
164584 June 22, 2009)
• Willem Beumer, Vs. Avelina Amores, G.R. No. 195670, December 3, 2012
• Section 2 of Batas Pambansa Bilang 185
• Implementing Rules and Regulation (Rule XII, Sections 1 to 6 thereof) of R.A. No. 7042 (Omnibus
Investment Code) dated November 1991
• Dual Citizenship Law (Section 5, RA 9225)
• Civil Code Provision on Intestate Succession
• Sections 2, 3, and 4 of Condominium Act (RA No. 4726)

➢ Power of the President to classify alienable and disposable land

• Sections 6, 7, 8 and 9 and 10 of Commonwealth Act 141 (Public Land Act)
• Juan Ibañez de Aldecoa, vs. The Insular Government, G.R. No. L-3894, March 12, 1909
• Ankron, vs. The Government of the Philippine Islands, G.R. No. L-14213, August 23, 1919
• Secretary of DENR vs. Yap, GR No. 167707, Oct. 8, 2008
▪ Republic vs. CA, et.al, G.R. No. 155450, August 6, 2008 (Carag Case)

➢ JUDICIAL APPLICATION FOR ORIGINAL TITLE

• NATURE OF LAND REGISTRATION AS A PROCEEDING IN REM

▪ Read Section 2, PD 1529
▪ Manuela Grey Alba, et al., vs. Anacleto R. De La Cruz, G.R. No. 5246, September 16,
1910
▪ How is jurisdiction in rem proceedings acquired?
▪ Read Section 23, PD 1529
▪ Benin, et al., vs. Tuason, et..al, G.R. No. L-26127 June 28, 1974
▪ The Director of Lands, Vs. Court Of Appeals And Teodoro Abistado, G.R. No.
102858 July 28, 1997
▪ Republic Vs. Bantigue Point Dev’t. Corp., G. R. No. 162322, March 14, 2012
▪ Which court has jurisdiction over Judicial application for Original Title?
• Read 2nd paragraph of Sections 2, PD 1529
• Read Section 34 of BP 129 as amended by Section 4 of RA 7691
▪ Which court has jurisdiction over other cases involving quieting of title?
• Spouses Clemencio Co vs. Juanito F. Muertegui, G.R. No. 181359,
August 5, 2013)
o What are other land registration proceedings AFTER original registration?
▪ Read 2nd paragraph of Section 2, PD 1529
▪ Sections 107, PD 1529 – Petition to Surrender Owner’s Duplicate of Title
▪ Section 108, PD 1529 – Petition for Correction/Alteration of Title
▪ Section 109, PD 1529 – Petition for Re-issuance of New Owner’s Duplicate Copy of Title
▪ Section 110, PD 1529 – Petition for Reconstitution of Original copy of Title

o Judicial proceedings for original registration shall be based on GENERALLY ACCEPTED PRINCIPLES
UNDERLYING THE TORREN SYSTEM, WHAT ARE THESE GENERALLY ACCEPTED PRICIPLES?
 • The Torrens Certificate of Title is the best evidence of ownership of the land;
• The Torrens Certificate of Title is a constructive notice to the whole world, and thus, binds
the whole world.
• Claims against the land prior to the issuance of the Torrens Certificate of Title that are not
noted on said title are quieted or barred.
• The Torrens Certificate of Title covering alienable land is indefeasible or incontrovertible
after one year from the entry of the decree of registration.
• The Torrens certificate of Title is imprescriptible.
• Every person dealing with registered land in good faith and for value may not go beyond
the title but may safely rely on the correctness of the Torrens Certificate of Title.
• The person who fraudulently registered the land in his name holds it as a mere trustee
with the obligation to reconvey the property and the title to the true owner.
• As between two innocent persons, the one who made it possible for the wrong to be done
will bear the resulting loss.
• He who registers first is preferred in right insofar as the third persons are concerned.
• Where two certificates of title include the same land, the certificate that is earlier in data
prevail.
• A forged document of sale may become the root of a valid title if the certificate of title
has already been transferred from the name of the true owner to the name of the forger
or the name indicated by the forger before the Torrens Certificate of Title is issued to the
purchaser in good faith and for value.
• Titles derived from a void title are also void.
• A certificate of title shall not be subject to collateral attack.

o The real purpose of the torrens system is to quiet title to land, what does “to quiet title to land” really
mean?
▪ Legarda vs. Saleeby, G.R. No. L-8936, October 2, 1915
o Another purpose of torrens system is to facilitate transaction over lands
▪ Traders Royal Bank vs. CA, G.R. 114299, 9/24/99
o Another principle underlying the torrens system is the “curtain principle”.
▪ Sps. Alfonso and Maria Angeles Cusi vs. Lilia V. Domingo, G.R. Nos. 195825 & 195871,
February 27, 2013
o Section 2, PD 1529 speaks of registration of title to the land for the first time (Original Certificate of
Title),
o Compare this with Section 51, PD 1529, which speaks of registration of deeds and instruments .
o Section 52, PD 1529 – another basic purpose of registration in the Torrens system – constructive
notice and priority in time.
▪ Garcia vs. Court of Appeals, G.R. Nos. L-48971 & 49011, January 22, 1980

• Section 3, PD 1529, Discontinuance of the Spanish Mortgage Law

▪ Section 113, PD 1529 – Book of Unregistered Land
▪ Section 1, PD No. 892 (February 16, 1976) –Discontinuance of Spanish Titles as evidence of
ownership
o Nemencio C. Evangelista, et. al. vs. Carmelino M. Santiago, (G.R. No. 157447,
April 29, 2005.)
o Read also Article 709, Civil Code
o Read also Article 1544, Civil Code (Law on Double Sale) in relation to Sections 51 and
Section 52 of PD 1529
o Abrigo vs. De Vera, G.R. No. 154409, June 21, 2004

➢ Who may apply for original certificate of title under Judicial Proceedings?
• Section 14, P.D. 1529 in relation to Section 48 of CA 141 (This should be read in conjunction with RA
11573)
o Heirs of Mario Malabanan vs. Republic, G.R. No. 179987, April 29, 2009
o Salvador H. Laurel vs. Ramon Garcia, G.R. Nos. 92013/92047, July 25, 1990
o Heirs Of Francisco I. Narvasa, Sr., Vs. Emiliana, Victoriano, G.R. No. 182908, August 6, 2014
o Obtaining a title over an alluvial deposit
▪ Heirs Of Francisco I. Narvasa, Sr., Vs. Emiliana, Victoriano, G.R. No. 182908, August 6,
2014
▪ Celestial v. Cachopero, G.R. No. 142595, October 15, 2003.
▪ Republic vs. Arcadio Ivan A, Santos, et. Al. G.R. No. 160453, November 12, 2012

➢ What documents must be submitted to prove that the land has been declared as Alienable and Disposable?
(This should be read in conjunction with RA 11573)
▪ Republic vs. Dumo G.R. No. 218269, June 6, 2018
 ▪ Republic of The Philippines vs. Manuel M. Caraig, [G.R. No. 197389. October 12, 2020.]

➢ OTHER CASES on ALIENABILITY AND DISPOSABILTITY (Only cases below with asterisks are to be included in the
recitation)
▪ Susi vs. Razon, G.R. No. L-24066, December 9, 1925, 48 Phil 424
▪ *Republic vs. Doldol G.R. No. 132963, September 10, 1998
▪ Bracewell vs. CA, G.R. 107427, 1/25/00
▪ Francisco Chaves vs. PEA-AMARI, G.R. No. 133250, July 9, 2002
▪ Chavez vs. NHA, G.R. No. 164527, August 15, 2007
▪ *Calecdan vs. Cendaña, G.R. 155080, 2/50/04
▪ Republic vs. Manna Properties, G.R. 146527, 1/03/05
▪ *Republic vs. Naguit, G.R. No. 144057, Jan. 17, 2005
▪ *Republic vs. Herbieto, G.R. No. 156117 May 26, 2005 (459 SCRA 181)
▪ *Republic Vs. Enciso, G.R. 160145, 11/11/05
▪ *Heirs of the Late Spouses Pedro S. Palanca, et.al. vs, Republic of the Philippines, G.R. No. 151312,
August 30, 2006)
▪ Buenaventura vs. Republic, GR No. 166865. March 2, 2007
▪ *Republic vs. Lee Tsai, G.R. 168184, 6/22/09
▪ *Diaz vs. Republic (GR No. 181502, 611 SCRA 405, February 2, 2010)
▪ Republic vs. Hanover Worldwide, G.R. 172102, 7/02/10
▪ *Vicente Yu Chang and Soledad Yu Chang, vs. Republic of the Philippines, G.R. No. 171726,
February 23, 2011
▪ Republic Vs. Bantigue Point Dev’t. Corp., G. R. No. 162322, March 14, 2012
▪ Sps. Fortuna vs. Republic, G.R. No.173423, March 5, 2014
▪ *Republic vs. Heirs of Sin, G.R. 157485, 3/26/14
▪ *La Tondena, Inc. vs. Republic of the Philippines, G.R. No. 194617, August 5, 2015
▪ *Republic of the Philippines vs. Sogod Devt. Corp, G.R. No. 175760, February 16, 2016
▪ *Republic Vs. Estonilo, G.R. 157306, 11/25/05

➢ Cases where SC ruled that documents that were presented were NOT sufficient to prove Alienable and Disposable
▪ Note: All cases below are deemed rendered inapplicable by Section 7, RA 11573
▪ Menguito Vs. Republic, GR No. 134308, December 14, 2000 – Surveyor’s notation on the that the land
is inside A&D
▪ Republic vs. Sarmiento, GR No. 169397, March 11, 2007 - A mere approved subdivision plan
▪ Republic vs. Espinosa, GR No. 171514, July 18, 2012 – The notation of the surveyor/geodetic engineer
that the land is A & D is not sufficient to controvert the presumption that the land is alienable
▪ Republic vs. Medina, GR No. 195097, August 13, 2017 – The mere testimony of the Chief of the
Technical Service of DENR who is a geodetic engineer that the land is within A & D
▪ Republic vs. Hanover Worldwide Trading Corp, GR No. 172102, July 2, 2010 – Mere certification of the
DENR CENRO that the land is A&D is insufficient
▪ Republic vs. Sese, GR No. 185092, June 4, 2014 – The notation on the lower portion of the survey plan
approved by the DENR is NOT sufficient.

➢ WHAT ARE NON-REGISTRABLE PROPERTIES?

▪ Santulan vs. Exec. Secretary, (G.R. No. L-28021, 107 Phil. 567, Dec. 15, 1977)
▪ Republic vs. Court of Appeals and Lastimado (G.R. No. L-39473, April 30, 1979)
▪ Torres, et.al., vs. Garchitorena, et. al., G.R. No. 15366, December 2002)
▪ Republic vs. Maxima Lensico, et.al. G.R. No. 158919, August 9, 2005
▪ Republic vs. Rosemoor Mining and Development Corp., G.R. No. 149927, March 30, 2004)
▪ Jose Menchavez, et. Al, vs. Florentino Teves, G.R. No. 153201, January 26, 2005)
▪ Republic of the Philippines vs. Court of Appeals, et al, G.R. Mo. 122269, September 30, 1999)
▪ Republic of the Philippines vs. Democrito T. Mendoza, Sr., et. al., G.R. No. 153726/154014, March
28, 2007

➢ Meaning of “Possession” and “Occupation”

▪ Ong vs. Republic, G.R. No. 175746, March 21, 2008

➢ What does OCEN mean? Open, Continuous, Exclusive and Notorious Possession
▪ Tan vs. Republic of the Philippines, G.R. No. 193443, April 16, 2012

➢ CITIZENSHIP requirement.
▪ Republic vs. Court of Appeals, GR No. 108998, Aug. 24, 1994
▪ Also read Batas Pambansa Bilang 185
▪ Director of Lands vs. Buyco, G.R. No. 91189 November 27, 1992
▪ In Re Application for the Registration of Land, Eugene Moss Vs. Director of Lands, G.R. No. L-27170
November 22, 1977

➢ Section 17, PD 1529 - Survey Plan dully approved by Bureau of Lands is a mandatory and jurisdictional requirement
▪ Carpo vs. Ayala Land, G.R. No. 166577, February 3, 2010 (611 SCRA 436, Feb 3, 2010)
 ▪ University of the Philippines v. Rosario, GR No. 136965, March 28, 2001
▪ Del Rosario v. Republic, GR No. 148338, June 6, 2002
▪ Sps. Yu Hwa Ping and Mary Gaw, et. Al., vs. Ayala Land, Inc., G.R. No. 173120/ 173141, July 26, 2017
Original Decisison
▪ Sps. Yu Hwa Ping and Mary Gaw, et. Al., vs. Ayala Land, Inc., G.R. No. 173120/ 173141, April 10, 2019 –
Resolution on the Motion for Reconsideration - Dissenting Opinion of J. Leonen

➢ Section 19, PD 1529 - Amendments of boundaries or area being applied for

▪ Benin vs Tuazon, G.R. No. L-26127, June 28, 1974
▪ Philippine Manufacturing Co., vs. Imperial, G.R. No. L-24908, March 31, 1926 (649 Phil. 122)
▪ Republic Of The Philippines Vs. Heirs Of Luis Ribaya, [G.R. No. 113549. July 5, 1996.]

➢ Section 22, PD 1529 - May a land that is subject of pending registration proceedings may still be object of sale or
dealings?
▪ Generoso Mendoza, vs. The Hon. Court of Appeals, G.R. No. L-36637 July 14, 1978

➢ Section 23, PD 1529 – Notice of Initial Hearing

▪ Republic vs. Manna Properties, Inc., G.R. No. 146527, January 31, 2005
▪ Republic vs. Herbieto, G.R. 156117, 5/26/05

➢ Section 24, PD 1529 – Proof of Publication

➢ Section 26, PD 1529, Order of General Default

▪ Amelita Dolfo, vs. The Register of Deeds for the Province of Cavite, et.al G.R. No. 133465, September 25,
2000)
▪ Vergel vs. CA, G.R. 125154, 9/28/2001
▪ Heirs of Lopez vs. Enriquez, G.R. 146262, 11/21/2005

➢ Section 29, PD 1529 – Duty of the Court to consider the Report of the LRA before rendering a Decision in land
registration case.
▪ Roman Numeral II. (13) and Roman Numeral III. (4) of Supreme Court Administrative Circular No. 7-
96 dated July 15, 1996

➢ Section 30, PD 1529 in relation to Section 39, PD 1529 – Order for Issuance of Decree of Registration or the
“OID”
• Republic vs. Nillas, G.R. No. 159595, January 23, 2007
• Fajardo vs. Top Management Programs Corp., G.R. No. 150462, June 15, 2011)
• Ting vs. Heirs of Lirio, G.R. No. 168913, March 14, 2007 (518 SCRA 336)
• Republic v. Heirs of Sanchez, G.R. No. 212388, December 10, 2014
• Republic Vs. Yap, GR. No. 231116, February 7, 2018
• Republic Of The Philippines, Vs. Juan Fule And Delia O. Fule, G.R. No. 239273, [March 2, 2020]).

➢ Section 31, PD 1529 - When does OCT takes effect as a torrens title?
• Ramos, vs. Rodriguez and LRA, G. R. No. 94033, May 29, 1995)
• Laburada vs. LRA, G.R. No. 101387 March 11, 1998
• Deogenes Rodriguez vs. Court of Appeals, G.R. No. 184589, June 13, 2013
• MWSS vs. Court Of Appeals, G.R. No. 103558, November 17, 1992, and Heirs Of Luis J. Gonzaga, Vs.
Hon. Court Of Appeals, G.R. No. 96274 & G.R. No. 96259, September 3, 1996
• Manotok Realty vs. CLT Realty (G.R. No. 123346) Decision dated December 14, 2007 and Resolution
dated March 31, 2009)

➢ Sections 35 to 38, PD 1529, Cadastral Registration Proceedings

➢ Distinction between CADASTRAL land registration proceeding and ORDINARY land registration proceedings
➢ Unlike in Ordinary land registration proceedings, in CADASTRAL land registration proceedings, the decree of
registration takes effect as a title immediately upon its issuance.
▪ Government of the Philippine Island vs. Abural, GR No. 14167, August 14, 1919
▪ Dela Merced vs. Court of Appeal, GR No. L-17757, May 30, 1962
▪ First Gas Power Corporation, Vs. Republic Of The Philippines, G.R. No. 169461, September 2, 2013

➢ Requisite procedural steps in a judicial registration of title under the applicable provisions of PD 1529.
• Republic vs. Heirs Of Luisa Villa Abrille, et.al., G.R. No. L-39248, May 7, 1976. (This case should also
be read in relation to Section 50 of PD 1529.)

➢ CERTIFICATE OF TITLE
➢ Section 39, PD 1529 – Preparation of Decree and Certificate of Title

▪ Alejandra De Los Reyes, vs. Braulio De Villa, G.R. No. L-23514, November 12, 1925
▪ Jose T. Valmonte and Jose R. Jacinto, vs. Mariano Nable, G.R. No. L-2842, December 29, 1949
▪ Republic v. Heirs of Sanchez, G.R. No. 212388, December 10, 2014
 ▪ Republic Of The Philippines, Petitioner, Vs. Claro Yap, Respondent, G.R. No. 231116, February 07, 2018

➢ Section 40, PD 1529 – Entry of Original Certificate of Title

➢ Section 41, PD 1529 – Owner’s Duplicate copy of title and Co-owner’s copy of title –
▪ Balbin vs. Registrar of Deeds, GR No. 20611, May 8, 1969
▪ Remedios V. Geñorga, vs. Heirs of Julian Meliton, G.R. No. 224515, July 3, 2017
▪ Reyes vs. Raval-Reyes, G.R. No. L-21703, August 31, 1966
▪ Republic vs. Mendoza, G.R. No. 153726, March 28, 2007

➢ Section 42, PD 1529 – Registration Book

➢ Section 43, PD 1529 – Transfer Certificate of Title
➢ Section 44, PD 1529 – Statutory lien Affecting Title
▪ Naawan vs. Court of Appeals, G.R. No. 128573, January 13, 2003

➢ Sections 32, 33 and 34, PD 1529 - REMEDIES Available in Land Registration Proceeding
▪ Heirs of Baldomero Roxas vs. Garcia GR No. 146208, August 12, 2004
▪ Motion for new trial or Motion for Reconsideration as the case maybe (Rule 37 of the Rules of Court)
▪ Appeal (Rules of Court)
▪ Petition for Relief from Judgment (Rule 38 of the Rules Court)
▪ Petition for Review of Decree of Registration (Section 32, PD 1529)
• Eland Philippines, Inc. vs. Garcia (G.R. No. 173289, Feb. 17, 2010
• Nicomedes J. Lozada vs. Eulalia Bracewell, G.R. No. 179155, April 2, 2014
• Serna vs. Court of Appeals, GR No.124605, June 18, 1999
• Rabaja Ranch Devt. Corp. vs. AFP-RSBS, GR No. 177181, July 7, 2009
▪ Action for Reconveyance versus Action for Quieting of Title
• Amerol vs. Bagumbaran, G.R. No. L-33261, September 30, 1987
• Salvatierra vs. Court of Appeals and Sps. Mariano, GR No. 107797, August 26, 1996
• Yared vs. Tongco, GR No. 161360, October 19, 2011
• DBT Mar Bay Construction vs. Panes (GR No. 167232, July 31, 2009)
• Read also Article 1126, Civil Code and Section 47, PD 1529
▪ Antonio vs. Santos (G.R. No. 149238, 538 SCRA 1, Nov. 22, 2007)
• Rodolfo v. Francisco vs. Emiliana m. Rojas, et.al. G.R. no. 167120, April 23, 2014
• Heirs of Waga vs. Sacabia, G.R. 159131, 7/27/09
• Heirs of Nagano vs. CA, G.R. 123231, 11/17/97
• Secuya vs. Selma, G.R. 136021, 2/22/00
• Manangan vs. Delos Reyes, G.R.115794, 6/10/99
• Heirs of Labanon vs. Heirs of Labanon (G.R. No. 160771, August 14, 2007, citing Vda. De
Recinto vs. Inciong [1977]
• Gasataya vs. Mabasa (G.R. No. 148147, Feb. 16, 2007)
• Aniceto Uy, Vs. Court Of Appeals, G.R. No. 173186, September 16, 2015
• Mercedes S. Gatmayta, vs. Misibis Land, Inc., G.R. No. 222166. June 10, 2020 (read also
Section 53, par 3 of PD 1529; Article 1456 and 1144 of the Civil Code)
▪ Action for Reversion of Title by the State. (Section 101, CA 141)
• Heirs of Kionisala, vs. Heirs of Dacut, G.R. No. 147379, February 27, 2002
• Tancuntian vs. Gempesaw, G.R. 149097, 10/18/04
• Estate of the late Yujuico vs. Republic, G.R. No. 168661, October 26, 2007
▪ Recovery from the Assurance Fund (Sections 95 and 100, PD 1529)
• Eagle Realty Corp. Vs. Republic Of The Phil., Et Al., G.R. No. 151424, July 4, 2008
• Spouses Jose Manuel and Maria Stilianopoulos vs. The National Treasurer, G.R. No. 224678,
July 3, 2018
• Guzman vs. National Treasurer, G.R. 143281, 8/3/00
• Development Bank of the Philippines vs. Bautista (G.R. No. L-21362, Nov. 29, 1968

➢ Section 45, PD 1529 - Statement of Personal Circumstance

▪ Litam vs. Espiritu (G.R. No. L-7644, November 27, 1956)
▪ Salas vs. Aguila (G.R. No. 202370, Sept. 23, 2013)
▪ Boromeo vs. Descallar (G.R. No. 159310, Feb. 4, 2009)
▪ Ventura vs. Spouses Abuda, GR No. 202932, October 23, 201
▪ Nora Calalang-Parulan vs. Rosario Calalang-Garcia, GR No.184148, 6/9/14

➢ Section 47, PD 1529- Registered Land Not Subject to Prescription

▪ Cabrera vs. CA (G.R. No. 108547, 267 SCRA 339, Feb. 3, 1997)
▪ Tiongco vs. Tiongco (G.R. No. 161360, Oct. 19, 2011)

➢ Section 48, PD 1529 - Certificate of Title not subject to Collateral Attack

➢ Section 9, RA 9700 (CARP Extension Law)
▪ Leoncio Lee Tek Sheng, Vs. Court Of Appeals, , G.R. No. 115402, July 15, 1998
▪ Rodriguez vs. Rodriguez (G.R. No. 175720, 532 SCRA 642, Sept. 11, 2007
 ▪ Esperanza Berboso, vs. Victoria Cabral, G.R. No. 204617, July 10, 2017
▪ Aurelio Padillo, Vs. Rolly Villanueva And Joseph Diopenes, G.R. No. 209661, October 03, 2018
▪ Polo Plantation Agrarian Reform Multipurpose Cooperative Vs. Rodolfo T. Inson, Regional Director Of Dar,
G.R. No. 189162, January 30, 2019 (J.Leonen)
▪ Secretary Of The Department Of Agrarian Reform Vs. Heirs Of Redemptor And Elisa Abucay, G.R. No.
186432/186964, March 12, 2019.] (J. Leonen)

➢ Section 49, PD 1529 – Splitting /Consolidation of Title

➢ Section 50, PD 1529 - Subdivision and Consolidation Plan
➢ Sections 2, 17, 22 and 31 of PD 957 (Subdivision Buyers Act)
➢ Section 2 of PD 1216 (October 1977) amending Section 31 of PD 957 - legal definition of “open space”
➢ Article 51 of PD 1067 (Water Code)
➢ Section 15 of the IRR of Republic Act No. 8974 (November 2000)– An Act to Facilitate the Acquisition of Right-of-
Way, Site or Location for National Government Infrastructure Projects and for other Purposes “
▪ White Plains Association, Inc., vs. Hon. Godofredo L. Legaspi, GR No. 95522, February 7, 1991
▪ White Plains Homeowners Association, Inc. vs. Court of Appeals, GR No. 128131, October 8, 1998
▪ Republic vs. Ortigas and Company Limited Partnership, GR No. 171496, March 3, 2014
▪ Republic of the Philippines Vs. Spouses Francisco R. Llamas, G.R. No. 194190, January 25, 2017
▪ Presidential Decree No. 1271 Committee vs. Gloria Rodriguez De Guzman, GR No. 187291/187334,
December 5, 2016
▪ Republic vs. Heirs Of Luisa Villa Abrille, et.al., G.R. No. L-39248, May 7, 1976. (This case should also be
read in relation to Section 50 of PD 1529.)
▪ Republic (represented by the Acting Commissioner of Land Registration), vs. Court of Appeals, GR No.
116111, January 21, 1999
▪ China Banking Corp. vs. Benjamin Co, GR No. 174569, September 17, 2008
▪ Magdalita Y. Tang vs. Court of Appeals, GR No. 117204, February 11, 2000
▪ William G. Kwong Management, Inc. vs. Diamond Homeowners & Residents Association, G.R. No.
211353, June 10, 2019