Chapter I In General
1. What is Land Titles and Deeds?
a. Art. XII, Sections 1, 2, 3, 4, 5, 6, 7, 8, 1987 Constitution
ARTICLE XII
National Economy and Patrimony
SECTION 1. The goals of the national economy are a more equitable distribution of
opportunities, income, and wealth; a sustained increase in the amount of goods and services
produced by the nation for the benefit of the people; and an expanding productivity as the key
to raising the quality of life for all, especially the underprivileged.
The State shall promote industrialization and full employment based on sound agricultural
development and agrarian reform, through industries that make full and efficient use of human
and natural resources, and which are competitive in both domestic and foreign markets.
However, the State shall protect Filipino enterprises against unfair foreign competition and
trade practices.
In the pursuit of these goals, all sectors of the economy and all regions of the country shall be
given optimum opportunity to develop. Private enterprises, including corporations,
cooperatives, and similar collective organizations, shall be encouraged to broaden the base of
their ownership.
SECTION 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral
oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other
natural resources are owned by the State. With the exception of agricultural lands, all other
natural resources shall not be alienated. The exploration, development, and utilization of
natural resources shall be under the full control and supervision of the State. The State may
directly undertake such activities, or it may enter into co-production, joint venture, or
production-sharing agreements with Filipino citizens, or corporations or associations at least
sixty per centum of whose capital is owned by such citizens. Such agreements may be for a
period not exceeding twenty-five years, renewable for not more than twenty-five years, and
under such terms and conditions as may be provided by law. In cases of water rights for
irrigation, water supply, fisheries, or industrial uses other than the development of water
power, beneficial use may be the measure and limit of the grant.
The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and
exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.
The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens,
as well as cooperative fish farming, with priority to subsistence fishermen and fish workers in
rivers, lakes, bays, and lagoons.
The President may enter into agreements with foreign-owned corporations involving either
technical or financial assistance for large-scale exploration, development, and utilization of
minerals, petroleum, and other mineral oils according to the general terms and conditions
provided by law, based on real contributions to the economic growth and general welfare of the
country. In such agreements, the State shall promote the development and use of local scientific
and technical resources.
The President shall notify the Congress of every contract entered into in accordance with this
provision, within thirty days from its execution.
SECTION 3. Lands of the public domain are classified into agricultural, forest or timber, mineral
lands, and national parks. Agricultural lands of the public domain may be further classified by
law according to the uses which they may be devoted. Alienable lands of the public domain shall
be limited to agricultural lands. Private corporations or associations may not hold such alienable
lands of the public domain except by lease, for a period not exceeding twenty-five years,
renewable for not more than twenty-five years, and not to exceed one thousand hectares in
area. Citizens of the Philippines may lease not more than five hundred hectares, or acquire not
more than twelve hectares thereof by purchase, homestead, or grant.
Taking into account the requirements of conservation, ecology, and development, and subject
to the requirements of agrarian reform, the Congress shall determine, by law, the size of lands
of the public domain which may be acquired, developed, held, or leased and the conditions
therefor.
SECTION 4. The Congress shall, as soon as possible, determine by law the specific limits of
forest lands and national parks, marking clearly their boundaries on the ground. Thereafter,
such forest lands and national parks shall be conserved and may not be increased nor
diminished, except by law. The Congress shall provide, for such period as it may determine,
measures to prohibit logging in endangered forests and watershed areas.
SECTION 5. The State, subject to the provisions of this Constitution and national development
policies and programs, shall protect the rights of indigenous cultural communities to their
ancestral lands to ensure their economic, social, and cultural well-being.
The Congress may provide for the applicability of customary laws governing property rights or
relations in determining the ownership and extent of ancestral domain.
SECTION 6. The use of property bears a social function, and all economic agents shall
contribute to the common good. Individuals and private groups, including corporations,
cooperatives, and similar collective organizations, shall have the right to own, establish, and
operate economic enterprises, subject to the duty of the State to promote distributive justice
and to intervene when the common good so demands.
SECTION 7. Save in cases of hereditary succession, no private lands shall be transferred or
conveyed except to individuals, corporations, or associations qualified to acquire or hold lands
of the public domain.
SECTION 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born citizen of
the Philippines who has lost his Philippine citizenship may be a transferee of private lands,
subject to limitations provided by law.
CHAPTER I
GENERAL PROVISIONS
Section 1. Title of Decree. This Decree shall be known as the PROPERTY REGISTRATION
DECREE.
Section 2. Nature of registration proceedings; jurisdiction of courts. Judicial proceedings for the
registration of lands throughout the Philippines shall be in rem and shall be based on the
generally accepted principles underlying the Torrens system.
Courts of First Instance shall have exclusive jurisdiction over all applications for original
registration of title to lands, including improvements and interests therein, and over all
petitions filed after original registration of title, with power to hear and determine all questions
arising upon such applications or petitions. The court through its clerk of court shall furnish the
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Land Registration Commission with two certified copies of all pleadings, exhibits, orders, and
decisions filed or issued in applications or petitions for land registration, with the exception of
stenographic notes, within five days from the filing or issuance thereof.
2. Nature of registration proceedings
Regalian Doctrine:
● All lands of whatever classification and other natural resources not otherwise appearing to
be clearing within private ownership belong to the State.
● State is the source of any asserted right of ownership over the land.
● Presumption: Public lands not shown to have been reclassified or released as
alienable agricultural land or alienated to private persons by State remain part of the
alienable public domain.
○ To overcome the presumption: showing that the title from the State or any
other mode recognized by incontrovertible evidence.
Jura Regalia
● Private title to land must be traced to some grant, express or implied, from the
Spanish Crown or its successors, American Colonial government and Philippine
Republic.
● It refers to royal rights or those which the King has by virtue of his prerogatives.
● Right of the sovereign has over anything
● State is the original proprietor of lands and is the general source of all private titles
● Spanish crown is the origin of all lands in the Philippines.
● Theory of Feudal System:
○ Title to all lands originally held by the King while the use of lands was
granted out to others.
○ King retained ownership.
● Basis of theory: capacity of the State to own or acquire property is the State’s power
of dominium.
Doctrine reflected in the Constitution
● The Constitution embodies the principle of State ownership of land and all other
natural resources in Sec. 2 of Art. XII (Natural Economy and Patrimony)
● 1935 Consti: principle of State ownership of natural resources and the adoption of
Regalian Doctrine (Art. XIII Conversion and Utilization of Natural Resources)
○ Express declaring that all lands of public domain , waters, minerals, forces
of energy belonged to the State
○ Prohibited the alienation of these natural resources
○ Further restriction of disposition, exploitation, development and
utilization - 60% Filipino-owned
● 1975 Consti: Reiterated the Regalian Doctrine in Sec. 8 of Art. XIV.
● 1987 Consti: except for agricultural lands of public domain which can only be
alienated, forest or time and mineral lands and other natural resources remain with
the State.
○ State shall have full control and supervision thru JVA, co-production
agreements or production-sharing agreements.
Regalian Doctrine applied with the Constitutional Provisions on social justice and land reform
● It must be interpreted to avoid manifest unfairness and injustice.
● Every application for concession of public land has to be view in the land of its
particular circumstance.
Regalian doctrine does not negate Native Title
● Carino v. Insular Government: land as been held by individuals under a claim of private
ownership, it will be presumed to have been held in the same way before the Spanish
conquest and never or have been a public land”
○ (XPN to Jura Regalia Doctrine:) Carino case institutionalized the
recognition of existence of native title to land or ownership of land by
Filipinos by virtue of possession under the claim of ownership since time
immemorial and independent of any grant from the Spanish Crown
● IPRA recognizes the existence of IP/ICCs as a distinct sector in Philippines Society
which grants ownership.
a. Governing Law – PD No. 1529 (Property Registration Decree or “PRD”)
i. Purpose of registration
Purpose of Torrens System
● Most effective measure to guarantee the integrity of land titles
● Protect indefeasibility once the claim of ownership is established.
● Legarda v. Saleeby:
○ Torres system is to quiet title to the land, stop forever to any questions of
legality of title except claims which are noted at the time of its registration.
○ Owner may rest secure
● Rights of the world are foreceled by the decree of registration.
Consequence of registration
● Owner can rest secure on their ownership and possession
● Cornerstone of land registration proceedings:
○ Indefeasibility
○ Imprescriptibility
● Certificate of title implies that it is perfect, absolute and indefeasible.
Casmiro dev corp v. Mateo:
● The Government is required under the Torrens system of registration to issue an official
certificate of title to attest to the fact that the person named in the certificate is the owner
of the property therein described, subject to such liens and encumbrances as thereon noted
or what the law warrants or reserves.
● The objective is to obviate possible conflicts of title by giving the public the right to rely
upon the face of the Torrens certificate and to dispense, as a rule, with the necessity of
inquiring further. The Torrens system gives the registered owner complete peace of mind, in
order that he will be secured in his ownership as long as he has not voluntarily disposed of
any right over the covered land.
● Torrens title conclusive evidence of ownership of land
○ However, it cannot be used to shield fraud nor enrich himself at the
expense of another.
○ Indefeasibility does not attach to titles secured by fraud and
misrepresentation.
● Tax receipts and declaration cannot prevail over certificate of title
ii. Torrens System - Concept, Principles and Advantages
History:
● Sir Robert Torres a layman from Southern Australia in 1857
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 ○ Patterned it after the Merchant Acts in South Australia. 4. Simplified ordinary dealiigs that he who has mastered teh three “R” can transact his
● In the Torrens System, title by registration takes the place of “title by deeds” of the own conveyancing
system under the general law. 5. Affords protection gainst fraud
● The certificate is guaranteed by statute and with certain exceptions, constitutes 6. Resotred their just value many estates held under good holding titles but depreciated
indefeasible title to the land. in consequence of some blur or technical defect and has barred the reoccurrence of
Objective of Torrens System: any similar fruits.
● It is to do away with the delay, uncertainty and expense of old conveyance system. ● Torrens system aims to avoid possible conflicts of title by giving public the right to
● Torrens System are meant those system of registration of transactions with interest rely upon the face
in land whose declared object is under governmental authority ● To dispense with the need of inquiring further
○ To establish and certify to the ownership of an absolute and indefeasible ○ XPN: when the party concerned has actual knowledge of the facts and
title to realty circumstances that should impel a reasonably cautious man to make
○ Simplify transfer further inquiry
● In the Torrens System, title by registration takes the place of “title by deeds” of the
system under the general law.
● The certificate is guaranteed by statute and with certain exceptions, constitutes iii. Not a Mode of Acquisition
indefeasible title to the land.
● It requires the government to issue an official certificate of title attesting to the fact ● Registration does not create or vest title
that the person named is owner of the property, subject to liens and encumbrances ● It merely a procedure to establish evidence of title over realty
● Act. 496 (Land Registration Act of 1903) ● Confirming the fact of its existence with notice to the world at large.
○ Placed all public and private land in the Philippines under the Torrens ● Title not a source of right but only confirms title already vested
System. ● Possession of title does not make one true owner of the property
Indefeasible and imprescriptible ● Registration does not give better right that one had prior to the registration
● The certificate of title is indefeasible and imprescriptible and all claims to the parcel ● It does not foreclose the possibility that the property may be under co-ownership
of land quieted upon the issuance of a certificate. ○ May only be a trustee
● Dominant principle of Torrens System of land registration is that titles registration
under are indefeasible or nearly so it is possible to make them.
Mirror Doctrine: iv. Case Casimiro Development Corporation v. Mateo, G.R. No. 175485,
● Every person dealing with registered land may safely rely on the correctness of the July 27, 2011
certificate of title issued and is not obliged to go beyond the certificate to determine 3. Jurisdiction of Courts (Sec. 2, PRD) – original and exclusive; General v. Limited
the condition of the property. jurisdiction; Purpose of general jurisdiction
● Innocent purchaser for value: Defective title may be a source of a completely legal
and valid title provided that the buyer is an innocent 3rd person who in GF relied on
the correctness of the title.
Sec. 2 of PD 1529 has eliminated the distinction between court’s general and limited
Rule on double registration
jurisdiction
● Where land has been registered in the name of 2 persons, priority registration rule
● History: Before PD 1529, summary reliefs such as action to compel the surrender of
● Legarda v. Saleeby:
owner’s duplicate certificate of title to RD, could only be filed with RTC(land
○ Owner of the earliest certificate is the owner of the land.
registration court), there is no adverse claim or serious objections among parties, no
○ Vendee of the earlier certificate would be the owner as against the vendee
adverse claims
of the owner of later certificate.
○ Otherwise the case be threshed out in an ordinary action
Title v. Certificate of Title
● Lozada v. Bracewell, SC explained that Sec. 2 of PD1529 has eliminated the distinction
● Title
between general jurisdiction vested with RTC and limited jurisdiction conferred upon
○ Lawful cause or ground of possessing which is ours
RTC by a former law when it was acting merely as a land registration or cadastral
○ Foundation of ownership of property (real or personal)
court.
○ Constitutes a just cause of exclusive possession which is the foundation of
● Change simplified registration proceedings by conferring upon RTC the authority to
ownership
act not only on application for original registration but also all other petitions filed
● Certificate of title
after the original registration of title
○ Mere evidence of ownership and not title to land itself
○ With power to hear and determine all questions arising upon such
○ (original certificate of title ) OCT - true copy of the decree registration
application or petitions
○ (transfer certificate of title) TCT - subsequent to the original registration
● Court no longer fettered by its former limited jurisdiction
Advantages of Torrens System (summarized by Sir Rober Torrens)
● RTC now authorized to hear and decide cases not only non-controversial cases but
1. Substituted security for insecurity
even contentious issues.
2. Reduced the cost of conveyances from pounds to shillings and the time occupied
● RTC as land registration court can hear cases otherwise litigable only in ordinary civil
3. Exhanged brevity and clearness of obscurity and verbiage

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 actions since the RTC are the same courts of general jurisdiction and could entertain
and dispose of the validity of respondent adverse claim - expediency
● Reason: amendment aimed at avoiding multiplicity of suits and change has simplified
the registration proceedings by conferring upon trial courts the authority to act no
application and petition filed after the original registration of title
Oppen v. Compas
● Proceedings under Sec. 108 are summary in nature
● Corrections and mistake which are clerical in nature not controversial issues.
● Relief under the provision can only be granted if there is unanimity among parties or
there is no adverse claim or serious objection on the part of any part in interest
Cobanez v. Solano
● Enumerated instances for amendment of alteration of a certificate of title under Sec.
108 of PD 1529 are non-controversial in nature
● Limited to issues not genuine
● Proceedings are summary in nature
a. Registration Court and Patents
Registration court is not divested of its jurisdiction by administrative act for the issuance of
patent
● Land registration court which has validly acquired jurisdiction over a parcel of land
for registration of title cannot be divested by said jurisdiction by a subsequent
administration act consisting in the issuance by DIrector of land of a Homestead
patent covering the same land.
● De Los Angeles v. Santos
○ Director of land’s jurisdiction, administrative supervision, and executive
control extend only to land of public domain and not land already in private
ownership
b. Land registration - Proceedings in rem
Registration under Torrens System is proceeding in rem
● Sec. 2 provides that judicial proceedings for registration of lands shall be in rem and
based on the generally accepted principles underlying the Torrens System
● In Rem: when the object of the action is to bar indifferently all who might be minded
to make an objection of any sort against against the right sought to be established
● In personam: technical object of the suit is to establish a suit against some particular
person, a judgment which is generally bind his body or bar some individualism
● Land registration is proceeding in rem and jurisdiction in rem cannot be acquired
unless there be constructive seizure of land through publication and service of notice
● Main principle: make registered titles indefeasible
○ Upon presentation in court of an applicant for registration, all persons
interested are notified by the proceedings and have the right to appear
● Grey Alba v. De la Cruz
○ Proceeding in rem dealing with tangible res may be instituted and carried
to judgment without personal service upon claimants within the state and
notice by those outside it.
○ Jurisdiction is secured by the power of the court over the res.
● Moscoso v. CA
○ Proceedings for registration of title to land under the Torrens System is
action in rem.
○ Personal notice to all claimants of the res is not necessary to give the court
jurisdiction to deal with and dispose of the res.
○ The nature of proceedings in rem is binding upon all persons, known and
unknown.
c. Jurisdiction (Original and Exclusive) – (i) original registration and (ii)
subsequent to registration
i. Coverage: land, improvements and interests
RTC have plenary jurisdiction over the land registration cases
● Jurisdiction of RTC over matters involving registration of lands and lands
registered under the Torrens system is Conferred by Sec. 2 of PD 1529
● Jurisdiction over petitions for amendments of certificate of title is provided by
Sec. 108 of the Decree
● Sec. 2 provides that CFI now RTC has exclusive jurisdiction over:
○ all applications for original registration of titles to lands
○ including improvements and interest therein
○ all petitions filed after the original registration of title,
○ power to hear and determine all questions arising upon such
application or petitions.
(XPN:) delegated jurisdiction of first level courts
● Sec. 34 BP129 (Judiciary Reorganization Act of 1980 as amended by RA7691)
grants the first level courts:
○ MeTCs - Metropolitan Trial COurt
○ MTCC - Municipal Trial Courts in Cities
○ MTC - Municipal Trial COurts
○ MCTC - Municipal Circuit Trial Court
● with delegated jurisdiction to hear and determine cadastral or land registration
cases in the following instances:
○ (1) Where the lot sought to be registered is not subject of controversy
or opposition
○ (2) Where the lot is contested but the value does not exceed
P100,000 such value to be ascertained by the affidavit of the claimant
or by agreement of respective claimants or more than 1 or from
corresponding tax declaration of the real property.
● Decisions of first level courts shall be appealable to CA
● The jurisdiction to first level court are merely delegated which is limited to hear
and determine cadastral and land registration cases
○ (Limitation:)Thus, matters subsequent to the original registration
determined by 2nd level courts, including petitions for reconstitution
of lost titles may not be unloaded to the first level courts.
SC Administrative Circular No. 6-93-A
● Nov. 15 1995 SC issued SC- AC No.6-93-A
● Cadastral or registration cases filed before the effectivity of AC No.6-93-A but
hearing has not yet commenced shall be transferred by executive judge of RTC
having jurisdiction over the cases to the Executive judge of MTC, MTCC, MTC,
MTTC for the required raffle among the branches of court
● Cadastral or land registration cases pending RTC where trial already
commenced as of the date of the effectivity of AC No.6-93-A shall remain with
the courts
○ However, by agreement of the parties, these cases may be
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 transferred to the appropriate MTC, MTCC, MTC, MCTC.
Jurisdiction in civil cases involving title to or possession of property
● SEc. 19(2) of BP 129, RTC shall exercise original jurisdiction in all civil actions
which involve title, possession of real property or interest where the assessed
value of the property exceeds P20,000.00 or for civil actions in Metro Manila,
where such value exceeds P50,000.00
○ (XPN): actions for Forcible entry into and unlawful detainer of lands
or buildings, original jurisdiction over which is conferred upon
metropolitan courts, MTC and MCTC
● Jurisdiction is determined by the allegations in a complaint and relief sought for.
● Action for quieting of title may be instituted in RTC regardless of value of real
property since the said action is for declaratory relief which falls within the
jurisdiction of RTC (ROC 63)
Venue
● Action affecting title or possession of real property or interest therein (Real
Action, shall be commenced and tried in a property court which has territorial
jurisdiction over the area of the real property is situated.
● All other actions (Personal actions) commenced and tried in the proper court
where the plaintiff or defendant or principal; defendant resides or for non-
resident defendants where they may be found athe election of the plaintiff

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