GONZALES LAND TITLES AND DEEDS CHAPTER 1: BACKGROUND, BASIC CONCEPTS & GENERAL PRINCIPLES LAND TITLE – evidence of right of owner or extent of his interest, by which means he can maintain control and as a rule assert right to exclusive possession and enjoyment of property DEED – instrument in writing 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 1. Grantor 2. Grantee 3. Words of grant 4. Description of property 5. Signature of grantor 6. Witnesses TYPES 8.


Title by emancipation patent or grant – for purpose of ameliorating sad plight of tenant-farmers; not transferable except by hereditary succession

Chapter 2: TORRENS SYSTEM – ORIGIN, NATURE & GENERAL CHARACTERISTICS ADVANTAGES : 1. Abolishes endless fees 2. Eliminates repeated examination of titles 3. Reduces records enormously 4. Instantly reveals ownership 5. Protects against encumbrances not noted on the Torrens certificate 6. Makes fraud almost impossible 7. It assures 8. Keeps up the system without adding to burden of taxation; beneficiaries of the system pay the fees 9. Eliminates tax titles 10. Gives eternal title as state ensures perpetuity 11. Furnishes state title insurance rather than private title insurance 12. Makes possible the transfer of titles or of loans within the compass of hours instead of a matter of days PURPOSE OF TORRENS LAW: quiet title to land – once registered, owner might rest secure PERSONS BOUND WHEN TITLE NOT REGISTERED 1. Grantor 2. Heirs & devisees 3. Persons with actual notice PROCEDURE IN LAND REGISTRATION CASE : 1. Survey of land by Bureau of lands or duly licensed private surveyor 2. Filing of application for registration by applicant 3. Setting of date of initial hearing of application by RTC 4. Clerk of court to transmit to Land Registration Authority the application, date of initial hearing & other pertinent docs 5. Publication of notice of filing of application, date & place of hearing – in OG and in newspaper of general circulation 6. Service of notice – contiguous owners, occupants & those who have interest in property 7. Filing of answer or opposition to application 8. Hearing of case by RTC 9. Promulgation of judgment by court 10. Issuance of decree by RTC – decision; Instruct land registration authority to issue decree of confirmation & registration 11. Entry of decree of registration in Land Titles Administration 12. Send copy of decree to Register of Deeds 13. Transcription of decree of registration in registration book & issuance of the owner’s duplicate original certificate of title of the applicant by the Land registration Authority - upon payment of prescribed fees CHAPTER 3: APPLICATION REGISTRATION PROCEEDINGS WHO MAY APPLY: IN ORDINARY

1. FREEHOLD ESTATE – indicates title of ownership


b. c.

Fee simple – absolute title; conferred without limitation, qualification or restriction Fee tail – pass title to grantee & his heirs Life state – held for duration of life of grantee

2. LESS THAN FREEHOLD ESTATE – a right short
of title Estate for years – lease for a period agreed upon, lessor retains ownership of land Tenancy from period to period – lease running from month to month or year to year with automatic renewal Tenancy at will – person is permitted to occupy land of another without stipulation as to period 3 STAGES OF DEVELOPMENT OF LEGAL SYSTEM OF TRANSFERRING TITLES : 1. Production & delivery of deed by grantor to grantee without registration 2. Deed of conveyance is recorded to bind 3rd persons 3. Registration of title REGISTRATION – guarantees the title RECORDING – does not guarantee the title; need to examine other docs PURPOSE OF REGISTRATION : 1. Serve as constructive notice 2. Prevent fraudulent claims 3. Protect interest of strangers to transaction MODES OF ACQUIRING LAND TITLES : 1. Title by public grant – conveyance of public land by government to a private individual 2. Title by acquisitive prescription – open, continuous, exclusive, notorious possession of a property 3. Title by accretion – alluvion 4. Title by reclamation – filling of submerged land by deliberate act and reclaiming title thereto; government 5. Title by voluntary transfer – private grant; voluntary execution of deed of conveyance 6. Title by involuntary alienation – no consent from owner of land; forcible acquisition by state 7. Title by descent or devise – hereditary succession to the estate of deceased owner


Those in open, continuous, exclusive, notorious possession of patrimonial property of state

Apply to both Filipinos & foreign cos. no prescription Against loser Against anyone unlawfully & adversely occupying WHEN WRIT MAY NOT ISSUE : Person entered into property after decree. Director of Mines 3. had been there for 10 years MEANS TO RECOVER POSSESSION : 1. Those who acquired ownership in any manner provided for by law LIMITATION TO OWNERSHIP OF LAND BY CORPORATION : 1. Department of Agrarian Reform. Former judgment must be final HEARING & BULLETIN BOARD – 14 days before hearing – within 7 days after publication in OG – 25 – 90 days from date of order mayor & OF TO WHOM NOTICE MUST BE SENT: 1. Tracing cloth plan duly approved by the Director of Lands 2.024 ha. Put end to litigation 4. PATRIMONIAL PROPERTY OF STATE a.PABLO. Accion publiciana 4. Lease for 25 years renewable b. Director of Fisheries.ZPG & ASSOCIATES (ZAMBALES. PRIVATE LANDS At least 60% Filipino to acquire private land Restricted as to extent reasonably necessary to enable it to carry out purpose which it was created If engaged in agricultural – restricted to 1. Limited to 1. Those who acquired ownership of private land by prescription 3. 1945 or earlier 2. cannot be subject to attack. State interest claimed by oppositor GENERAL DEFAULT If no person appears and answers within time prescribed SPECIAL DEFAULT Party appears at initial hearing without having filed an answer and ask court for time to file answer but failed to do so within period allowed CHAPTER 5: HEARING & DECREE WHO CONDUCTS HEARING: 1. City/municipal governor provincial . Decrees of confirmation and registration Final after 1 year after decree Unless there in innocent purchaser for value Subject only to appeal Once final. Adjoining owners & those who have rights or interest thereto REQUISITES OF OPPOSITION : 1. 3 copies of surveyor’s certificate 4. Unlawful detainer 3. 3 copies of technical descriptions 3.000 ha. Set forth objections to the application 2. Those who acquired ownership of private lands by right of accretion 4. deemed conclusive against the world 3. inclusion of new owners not allowed JUDGMENT – decision of court constituting its opinion after taking into consideration the evidence submitted WRIT OF POSSESSION – order to sheriff to deliver the land to the successful party litigant. Forcible entry 2. Solicitor General & Director of Lands . Purpose of Torrens system is protected Amendment after 1 year is allowed – creation or extinguishment of new rights. c. motion praying that same be considered in relation to the pending application TRANSACTION TOOK PLACE AFTER ISSUANCE OF DECREE : Register directly with REGISTER OF DEEDS for purpose of canceling such title & issuing a TCT CHAPTER 4: PUBLICATION. Refer to referee – commissioner PROCEEDINGS FOR ORDINARY REGISTRATION (LAND REGISTRATION ACT) /PROCEEDING FOR JUDICIAL CONFIRMATION OF IMPERFECT TITLE UNDER THE P UBLIC LAND ACT There exist a title to be confirmed Land applied for belongs to the state Court may dismiss without prejudice to file new application Dismiss with prejudice Risk to have application denied without losing land Risk involves loss of land CHAPTER 6: JUDGMENT & DECREE DECREE – issued by land registration authority containing technical description of land. All original muniments of title 5.GONZALES under bona fide claim of ownership since June 12. 4 copies of certificate by city/provincial treasurer of assessed value of land AMENDMENTS ALLOWED & NOT ALLOWED Substantial change in boundaries or increase in area new technical description necessary – need new publication & notice Substitution of name of new owner – file motion with court Decrease the area – file motion in court MUNIMENT OF TITLE – instruments or written evidences which applicant hold or posses to enable him to substantiate & prove title to his estate TRANSACTION TOOK PLACE BEFORE ISSUANCE OF DECREE : Record instrument in Register of Deeds in same manner as if no application was made Present instrument to RTC. 2. FORM & CONTENTS OF APPLICATION In writing & signed by applicant or person duly authorized Description of land Citizenship Civil status Full names & address of occupants & adjoining owners WHAT TO ACCOMPANY APPLICATION : 1.non claimant. Accion reindivicatoria RES JUDICATA: 1. issued after finality of judgment 1. ANSWER & DEFAULT NOTICE IN CONSPICUOUS PLACE IN LAND MUNICIPALITY 2 2. RTC 2. Decrees dismissing application 2.

mistake. numbered & sealed – take effect upon date of entry 6.ZPG & ASSOCIATES (ZAMBALES. signed by him 3. Issue TCT VOLUNTARY DEALINGS Need to present title – to record the deed in registry & to make memorandum on title INVOLUNTARY DEALINGS No presentation required. Rendered by court having jurisdiction over subject matter & parties 3. File instrument creating or transferring interest and certificate of title with Register of Deeds a. Identity of parties. Postal address of grantee or other persons acquiring or claiming interest 5. sufficient that annotation in entry book is sufficient FORMAL REQUISITES OF A DEED 1. specific acts intended to deceive. final approval of LRA. excusable negligence which ordinary prudence could not have guarded b. DEALINGS WITH CHAPTER 8: VOLUNTARY REGISTERED LAND OPERATIVE ACT – registration by owner. Administrator to issue decree of registration & original & duplicate of OCT – signed by Administrator. person deprived of right is party to case RECONVEYANCE – action in personam. no court involved 2. bound in consecutive order ACTION TITLES : FOR PARTITION . Register of Deeds to send notice to registered owner ready for delivery after payment of fees 7. day. Newly discovered evidence which could not be discovered & produced at trial c. invoke actual fraud. Evidence insufficient to justify decision. Evidence of full payment of real estate tax d. Documents are numbered & indexed & indorsed with reference to certificate of title– public records 6. shall be effected without approval of NHA ANNOTATIONS AT BACK otherwise null & void OF CERTIFICATE – need court order. Whether or not corporation 1. Register of Deeds to keep an entry book – day book 2. Plaintiff is owner of land registered in name of defendant b. Registered from time of entry 3. Document of transfer – 1 copy additional for city/provincial assessor 2. REVIEW OF DECREE OF REGISTRATION – available to party deprived of day in court. Registration procured through actual fraud c. month. Owner’s duplicate b. Judgment on merits 4. signed.GONZALES 2. SPLITTING OR CONSOLIDATION OF 1. Register of Deeds shall send duplicate & note on each certificate of title to whom it is issued 8. FAME. deed not registered – binding only between parties PROCESS OF REGISTRATION : 1. Full name 2. entered & file decree of registration in LRA 4.must be brought within 15 days from notice of judgment a. dated. Subdivision plan – approval of NHA. MOTION FOR NEW TRIAL . Fraud. Nationality 3. Original copy to be filed in Register of Deeds. then Register of Deeds to issue memorandum that streets not to be disposed except by way of donation to govt. subject matter and causes of action REMEDIES AVAILABLE TO AGGRIEVED PARTY IN REGISTRATION PROCEEDINGS : 1. Within 15 days from finality of order of judgment directing registration of title – court to order Land registration Admin to issue decree of registration and certificate of title 2. Splitting or consolidation – ordinary – Register of Deeds level. Payment of fees & documentary stamp tax c. Subject to reasonable regulation . Note memorandum & sign & issuance of certificate 5. Enter in record book. accident. Property has not issued to innocent purchaser for value d.PABLO. minute of reception of instrument. bad faith or with notice of defect RECOVERY FOR DAMAGES Person is wrongfully deprived of his land by registration in name of another – actual or constructive fraud No negligence on his part Barred/ precluded from bringing an action Action for compensation has not prescribed CHAPTER 7: CERTIFICATE OF TITLE TORRENS TITLE – certificate of ownership issued under the Torrens System of registration by the government through road naming & declaring owner in fee simple of property described therein free from all liens except those expressly noted PROCESS : 1. time. APPEAL – must be brought 15 days from notice of judgment 3. will no longer prosper if already transferred to innocent purchaser for value a. available to party to case. Place of residence 4. Action is filed within 1 year after issuance of decree of registration RELIEF FROM JUDGMENT – 60 days – 6 months after entry of order. Register of Deeds shall make a memorandum on the certificate of title. Enter in order of reception all deeds & voluntary instruments. Fees of 5 bucks per document to be paid within 15 days 4. decision is against the law 2. Civil status 6. Send to Register of Deeds – original & duplicate of title & certificate for entry in his registration book 3 5. write & processes re land -Year. before expiration of 1 year. after judgment. available so long as property not passed yet to innocent purchaser for value. became non-party due to misrepresentation. Clerk of court will send order of court & copies of judgment 3.

Vendor remains in possession as lessee or otherwise 3. another instrument extending period /granting new period is executed 4. time of filing. mortgage is not 5. 2. Execution of deed in a form sufficient in law (public instrument) 2. right not protected against somebody who registers & procures better right May be further mortgaged – stipulation to contrary is void No need to secure permission of mortgagee Understood unless prohibited in contract Pactum commisorium – not allowed Property is mortgaged There is stipulation for automatic appropriation Discharge Execute public document canceling or releasing mortgaged in form prescribed by law . Real intention of parties is that transaction shall secure payment of debt or fulfillment of other obligation ESSENTIAL REQUISITES : Constituted to secure fulfillment of principal obligation Mortgagor be absolute owner of thing mortgaged Person constituting mortgage has free disposal of property SPECIAL CHARACTERISTICS : 1.PABLO. signature. Indivisibility – even if debt is divisible. Price of sale with right to repurchase is usually inadequate 2.GONZALES 4 Cost borne by vendor CHAPTER 9: REAL ESTATE MORTGAGE REAL ESTATE MORTGAGE – real property/real rights secures fulfillment of an obligation KINDS: 1. Subject matter is realty 2. Registration with Register of Deeds where the land lies & take effect upon registration Present deed of mortgage together with owner’s duplicate Payment of fees Register of Deeds shall enter upon original certificate of title & upon duplicate a memorandum – date. Real right – attaches to property wherever it is & whoever holds it Real Mortgage Subject matter is real property Public document only Right of redemption for 1 year Deficiency can be recovered Chattel Mortgage Subject matter is movable May be in private document provided there is affidavit of good faith No right of redemption Deficiency cannot be recovered EXECUTION & REGISTRATION 1.ZPG & ASSOCIATES (ZAMBALES. Accessory – presupposes existence of valid principal obligation. cannot stand alone 4. Retention of possession . Requesting that owner’s duplicate be produced so that memorandum be made thereof Owner refuses to comply within reasonable time. No duplicate need be issued SUBJECT MATTER Real property plus all its accessions unless contrary is stipulated Future property – without legal effect Future improvements – deemed included Fruits & rents of mortgaged property deemed included Continuing credit secured by mortgage valid FORMS: Private document – void & inexistent Public instrument but not recorded – binding between parties but not 3rd persons without notice Public document & registered – valid & binding to 3rd parties MAY MORTGAGE BE REGISTERED WITHOUT DUPLICATE TITLE : Yes If being withheld by the owner. file number assigned to deed Register of Deeds to note on deed the date & time of filing & reference to volume & page of registration book in which it was registered 3. Conventional – agreed upon by parties Legal – Created by operation of law Judicial – results from a judgment 4. Stating that mortgage has been registered 2. Equitable – pacto de retro in form but mortgage in essence 3. 3.mortgagor retains possession PACTO DE RETRO – EQUITABLE MORTGAGE 1. Upon or after expiration of right to repurchase. Vendor binds himself to pay taxes on thing sold 6. Register of Deeds notifies by mail within 24 hours to registered owner: 1. Inseparability – mortgage lien is inseparable from property 6. Purchaser retains a part of the purchase price 5. Register of Deeds to notify court & court may enter order requiring owner to produce certificate SUBSEQUENT DEALINGS IN MORTGAGED PROPERTY May be further alienated – stipulation to contrary is void Assignment must also be registered since registration is operative act to affect land If not recorded – valid as to parties but not to 3rd parties.

place of sale. binding on subsequent purchasers Constructive notice SALE OF CHATTEL WITHOUT CONSENT criminal act OF 2. title is consolidated to new owner Purchaser to be entitled to new certificate of title & memorandum endorsed on mortgage deed If there is redemption. MORTGAGEE – void. Foreclose mortgage by making executor party defendant 3. If redeemed – notice of redemption shall be registered & accomplished by way of memorandum on proper certificate of title RIGHT OF REDEMPTION Payment of purchase price plus 1% per month plus taxes if paid by purchaser To be exercised within 1 year after registration of sale RIGHT TO DEFICIENCY – allowed CHAPTER 10: CHATTEL MORTGAGE CHATTEL MORTGAGED – personal property is registered with Register of Deeds to secure performance of an obligation SUBJECT MATTER : movables DEED OF MORTGAGE : Requires only description to enable parties & other persons to identify the subject matter REGISTRATION OF CHATTEL MORTGAGE Execution of document Payment of fees Register of Deeds enters in DAY BOOK in strict order of their presentation chattel mortgages & other instruments relating thereto (primary process) Register of Deeds thereafter enters in a more detailed form the essential contents of the instrument in the Chattel Mortgage Register (complementary process) EFFECT OF REGISTRATION : Creates a lien – attaches to the property whoever holds it. Abandon security & prosecute his claim by sharing in general distribution of assets of the estate 2. description of property. selling price b. Present in Register of Deeds where land lies c. After expiration of 1 year of redemption period – title is consolidated if no redemption exercised: purchaser to file with Register of Deeds the deed of sale & sworn statement attesting to fact that there is no redemption e. Memorandum on back of certificate is made 5 d. exempt from publication in newspaper for loans not exceeding 3.ZPG & ASSOCIATES (ZAMBALES. Deed of sale must be supported by certificate of sheriff that said sale was conducted accordingly stating the date.00. it is delivered – it shall be a pledge & not chattel mortgage (if no chattel mortgage deed executed) Actual knowledge is same effect as registration AFFIDAVIT OF GOOD FAITH: STATEMENT THAT – Mortgaged is made to secure obligation specified Valid & just obligation Not entered into for purpose of fraud EFFECT OF ABSENCE OF AFFIDAVIT OF GOOD FAITH: Vitiates mortgage as against creditors & subsequent encumbrances Valid as between parties No need to be in public document ASSIGNMENT OF MORTGAGE No need to be registered. JUDICIAL Mortgagee to petition in court for foreclosure Court to render order for debtor to pay sum due within 90 days and if not paid from date of service.PABLO. property be sold at public auction Notice & Publication Public auction: sale to highest bidder Sheriff to issue certificate confirming judicial foreclosure File with Register of Deeds final decree of court confirming sale Memo entered in certificate of title If right of redemption exist.000. EFFECT OF FAILURE TO REGISTER : Valid between parties but void against 3rd persons If instead of registration. time.00 Registration of sale in Register of Deeds: a.GONZALES Present instrument with Register of Deeds where land lies together with owner’s duplicate for registration Memorandum of cancellation is annotated on duplicate & original WHEN MORTGAGOR DIES 1. name of highest bidder. names of creditor & debtor. New certificate of title issued in favor of vendee f. publication must be for 3 consecutive weeks in news paper of general circulation If foreclosure by rural banks. memorandum to be annotated on certificate of title EXTRA-JUDICIAL Allowed only if stipulation between party authorizes extra-judicial foreclosure Cannot be made legally outside of city where land lies Publication required: post notices for 20 days in 3 public places where property lies & if property is more than P400. permissive only & not mandatory . certificate of title of mortgagor not to be cancelled but memorandum shall be entered upon the certificate duplicate & original After expiry of 1 year redemption period & no redemption. where the property lies FORECLOSURE 1. Foreclose it in due time PARTIES IN FORECLOSURE SUIT: all persons claiming interest subordinate in right to mortgagee ACTION TO FORECLOSE : Prescribes in 10 years (written contract) VENUE: Per stipulation or in absence thereof.

Guardian uses funds of ward to buy property g. Donation is made but donee have no beneficial interest thereon c. cannot be proved by parole evidence 6 Implied – exist by operation of law. rights. Public auction 4.GONZALES CANCELLATION OF CHATTEL MORTGAGE Mortgagee to execute a discharge of the mortgage in manner provided by law FORECLOSURE OF MORTGAGE The must first be non-payment & at least 30 days have elapsed since then Alternatives: Judicial Extra-judicial – only if there is stipulation/authority PROCEDURE IN FORECLOSURE 1. Sworn statement claiming interest by reason of an implied trust with description of land & reference to number of certificate shall be registered in Register of Deeds 2. renewable for another 25 years WHO ELSE MAY REGISTER : Builder in Good Faith CHAPTER 12: TRUSTS & POWERS OF ATTORNEY TRUST – obligation of a person to whom legal title to property is transferred to hold the property according to confidence reposed in him 2 KINDS: Expressed – need to be in writing. Register of Deeds to index attachment in names of both plaintiff & defendant or name of . Copy of writ in order to preserve any lien. Amount of obligation c. Cost of sale b. Price of sale of property is loaned & conveyance is made to lender to secure fulfillment of loan d. 2 persons purchase property but placed only in one’s name f. place and purpose of sale 2. Provided not prohibited to do so by instrument creating the trust APPOINTMENT OF TRUSTEE BY COURT Certified copy of decree shall be presented to Register of Deeds & surrender duplicate certificate Cancel duplicate & new certificate shall be entered by Register of Deeds ACTION FOR RECONVEYANCE BASED ON IMPLIED TRUST Prescribes in 10 years If acknowledged in written form – becomes express trust – prescribes upon repudiation CHAPTER 13: INVOLUNTARY DEALINGS WITH REGISTERED LAND INVOLUNTARY DEALINGS – transactions affecting land in which cooperation of registered owner is not needed: it may even be against his will ATTACHMENT A writ issued at the institution or during progress of an action commanding the sheriff to attach the property. lessee shall initiate ALIENS : May be granted temporary rights for residential purposes Limit: 25 years. Preliminary b. officer makes a return & file with Register of Deeds where mortgage has been recorded 5. Land passes by succession to a person but legal title is put in another’s name e. Property is acquired thru mistake or fraud POWER OF ATTORNEY – authority granted to a person to dispose one’s property TRUST DIFFERENTIATED FROM POWER OF ATTORNEY 1. credits or effects of the defendant to satisfy demands of the plaintiff Kinds: a.PABLO.ZPG & ASSOCIATES (ZAMBALES. Property is bought but paid by another party b. ETC. Notice posted for 10 days in at least 2 public places in municipality where property is to be sold designating the time. containing number of certificate of title of land to be affected or description of land 2. Officer’s return operates as a discharge of the lien created by the mortgage 6. can be proved by parole evidence a. Levy on execution REGISTRATION OF ATTACHMENT /OTHER LIENS 1. Subsequent mortgages d. Trust is for benefit of 3rd party while power of attorney is for benefit of principal REGISTRATION OF TRUST 1. right or attachment upon registered land may be filed with Register of Deeds where land lies. Balance – mortgagor RECOVERY OF DEFICIENCY: Allowed CHAPTER 11: LEASE LEASE – one of parties deliver possession of property to another who is obliged to pay rent for use of such property REGISTRATION OF LEASE File with Register of Deeds the instrument creating lease together with Owner’s Duplicate of certificate of title Register of Deeds to register by way of memorandum upon certificate of title No new certificate shall be issued WHEN PROHIBITION IN MORTGAGED PROPERTY AS REGARDS SUBSEQUENT CONVEYANCES . Mortgagor is notified in writing at least 10 days before sale 3.: Leasehold cannot be registered in the title thereof EFFECT OF REGISTRATION : Creates a real right but without prejudice to rights of 3rd persons If not registered – valid as between parties but not to 3rd persons without notice REGISTRATION – lessor not required to initiate. Garnishment c. 30 days after sale. Proceeds to be applied: a. Trust has 3 parties while power of attorney has 2 parties 2.

Memorandum shall be entered in certificate as an adverse claim or encumbrance 4. If owner neglects or refuses – Register of Deeds shall report matter to court c. Before cancellation. notice shall be sent to registered owner: to surrender title & show cause why it shall not be cancelled ACTUAL KNOWLEDGE IS 4. If duplicate of certificate of title is not presented: a. Spanish & local dialect & posted in a public & conspicuous place in place wherein property is situated & at main entrance of provincial building Sale cannot affect rights of other lien holders unless given right to defend their rights: due process must be strictly observed Tax lien superior to attachment No need to register tax lien because it is automatically registered once the tax accrues But sale of registered land to foreclose a tax lien need to be registered ADVERSE CLAIM Make a statement in writing setting forth alleged interest. reduced or discharged Any method sufficient in law Document to be registered 1. Officer’s return shall be submitted to Register of Deeds together with duplicate title 2. 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. may be cancelled by filing of verified petition by party in interest Any party may petition in court to cancel adverse claim Court to grant speedy hearing If adverse claim is adjudged invalid – may be cancelled No 2nd adverse claim based on same ground shall be registered by same claimant 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. Title to land is not in the name of defendant 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.GONZALES person whom property is held or in whose name stands in the records 3.PABLO. Creates real right 2. 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.ZPG & ASSOCIATES (ZAMBALES. But between 2 attachments – one that is earlier in registration is preferred 4. . EQUIVALENT TO REGISTRATION EFFECT OF REGISTRATION OF ATTACHMENT : 1. Has priority over execution sale 3. After period of redemption has expired & no redemption (2 years from registration of auction sale) cancellation of title & issuance of new one 5. name of registered owner. Court after notice shall enter an order to owner to surrender certificate at time & place to be named therein Although notice of attachment is not noted in duplicate. description of land in which right/interest is claimed – signed & sworn to Statement shall be entitled to registration as adverse claim on certificate of title Effective for 30 days from date of registration After 30 days. from whom acquired. No evidence is submitted to show that he has present or possible future interest in land 3. no of certificate of land. If not registered – actual knowledge is same as registration DUTY OF REGISTER OF DEEDS Basically ministerial but may refuse registration in ff circumstances: 1. how acquired. Register in registration book 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. any execution or affidavit to enforce such lien shall be filed with Register of Deeds where land lies Register in registration book & memorandum upon proper certificate of title as adverse claim or as an encumbrance To determine preferential rights between 2 liens: priority of registration of attachment TAX SALE Sale of land for collection of delinquent taxes and penalties due the government In personam (all persons interested shall be notified so that they are given opportunity to be heard) Notice to be given to delinquent tax payer at last known address Publication of notice must also be made in English. EXECUTION SALE To enforce a lien of any description on registered land. Register of Deeds may also cancel by verified petition of party who caused such registration 3. 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 2. Unless: heir PROPERTIES EXEMPT FROM EXECUTION : Family Home ATTACHMENT – How continued. Register of Deeds shall within 36 hours send notice to registered owner by mail stating that there has been registration & requesting him to produce duplicate so that memorandum be made b. notation in book of entry of Register of Deeds produces effect of registration already 7 PROCEDURE OF REGISTRATION OF TAX SALE : 1.

heirs make a list of property. GOVERNMENT IN EMINENT DOMAIN Copy of judgment file in Register of Deeds which states description of property. etc – Register of Deeds and National Treasurer as defendants. file in court ordinary action for partition If there is only 1 heir. purchaser or encumbrancer in good faith who suffered actual damage by loss of land. nature of public use Memorandum shall be made or new certificate of title shall be issued TRANSMISSION BY DESCENT 8 expenses. Upon entry of certificate in name of owner or TCT. interest expropriated. copy certified by clerk of court to be filed with Register of Deeds Each owner to gave separate certificate of title (duplicate) If ordered to be sold. purchaser shall be entitled to a certificate of title entered in his name upon presentment of order confirming sale EXTRAJUDICIAL Decedent died intestate No debts Heirs are all of legal age. thereafter Government shall be subrogated to rights of plaintiff to go against other parties or securities . not binding to those without notice Final after 2 years ORAL PARTITION . Sol-Gen must appear Private persons involved – should also be impleaded LIABILITY: Satisfy claims from private persons first When unsatisfied – secondary liable is the National Treasurer who shall pay thru assurance fund. if no assessment yet. heir may sell subject to result of pending administration CHAPTER 16: ASSURANCE FUND State creates a fund for the compensation of persons injured by divesting/cutting off of rights due to the indefensibility of title.ZPG & ASSOCIATES (ZAMBALES. annual report of Treasurer to Secretary of Budget WHO IS ENTITLED : Claimant must be owner. omission of Register of Deeds. excess shall be paid to the Assurance Fund. Mistake in resurvey resulting in expansion of area in certificate of title CHAPTER 15: AND DEVISE WHEN OWNER OF PROPERTY DIES – testate or intestate. created to relieve innocent persons from harshness of doctrine that certificate of title is conclusive evidence of an indefeasible title to land.PABLO. invest it until P+I aggregates to 500. negligence. etc. bond to be filed equivalent to value of property as certified under oath by parties conditioned upon payment if any just claim which may be filed by creditor within 2 years after distribution Publication in newspaper of general circulation for 3 weeks. Breach of trust 2. pay off debts & assign to each Statute of frauds – do not operate because it is not a conveyance but a separation of property and designation of part which belongs to them WILLS AND LETTERS OF ADMINISTRATION Executor required to file with Register of Deeds a certified copy of his letters of administration or the will if there is a will in order that Register of Deeds may register upon certificate a memorandum with reference to file no & date of filing COURT AUTHORITY NEEDED IN ORDER TO SELL May be dispensed with if will empowers him sell Without authority first secured. Money shall be under custody of the National treasurer. etc Not necessary if already empowered in the will WHEN JUDICIAL PROCEEDING NOT NECESSARY Heirs may partition estate immediately & no need to be burdened with cost/expenses of an administrator In absence of debts Heirs are all of legal age PARTITION /SETTLEMENT OF ESTATE JUDICIAL After entry of final judgment of partition. sworn declaration of 2 disinterested persons subject to determination by court. convey. in short – he is deprived of his land or interest therein No negligence attributable to him Claimant is barred from filing action to recover said land Action to recover from assurance fund has not prescribed LOSS /DAMAGES SHOULD NOT BE DUE TO FOLLOWING REASONS : 1. ¼ of 1% shall be paid to Register of Deeds based on assessed value of land – as contribution to assurance fund.GONZALES 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 2.000. may adjudicate to himself entire estate via affidavit to be filed with Register of Deeds If there is movables involved. WHEN DEEMED VALID In provinces when person dies leaving property not covered by Torrens system – to avoid legal LOSS /DAMAGES SHOULD BE DUE TO THE FOLLOWING REASONS : AGAINST WHOM ACTION IS FILED: Action due to deprivation of land due to mistake. Administrator shall file with Register of Deeds registration of property in his name to be vested with ownership as trustee so he can sell. certificate number. or minors represented by guardian Heirs to execute public instrument to be filed with Register of Deeds If disagree with each other. following that act of registration is operative act by which State transfers title.

TRANSACTION EVIDENCED DOCUMENT – HOW REGISTERED BY LOST CHAPTER 17: PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION LOST DUPLICATE CERTIFICATE • Sworn statement that certificate is lost to be filed by person in interest with Register of Deeds • Petition to court for issuance of new title • After notice and hearing – court to order issuance of new title with memorandum that it is issued in place of lost certificate (duplicate) • If false statement: complex crime of estafa thru falsification of public document ADVERSE CLAIM IN REGISTERED LAND • Whoever claims a better right or interest in a land adverse to the registered owner shall make written statement alleging his right. serve as notice and warning to persons subsequently dealing on said land • Different with lis pendens: permanent. new certificate shall contain annotation re annulment of old certificate 4. adverse claim. summary proceeding • Entries in registration books also not allowed to be altered except by order of the court • Grounds: New interest not appearing on the instrument have been created Interest have terminated or ceased Omission or error was made in entering certificate Name of person on certificate has been changed Registered owner has married Marriage has terminated Corporation which owner registered land has dissolved and has not conveyed the property within 3 years after its dissolution • What corrections are permitted in title (which does not include lands included in original. RECONSTITUTION OF ORIGINAL CERTIFICATE OF TILE • As consequence of war – records have been destroyed • When reconstituted – have same validity as old title • Can only be done judicially by filing a petition for reconstitution with RTC • To be published in OG for 2 cons issues and on main entrance of municipality at least 30 days before hearing • In rem proceedings • Court to order reconstitution if it deemed fit.GONZALES 9 MEASURE OF DAMAGES : • Based on amount not greater than fair market value of land • Amount to be recovered not limited to 500. determine validity of adverse claim • May be cancelled without court order.000 which is maintained as standing fund • If fund is not sufficient. Alteration which do not impair rights and 2. AMENDMENT AND ALTERATION OF CERTIFICATE OF TITLE • A certificate of title cannot be altered. may order issuance of new certificate and annul the old certificate. amended except in direct proceeding in court. can only be removed after hearing is done but adverse claim is only . old survey was incorrect. petition in court may be filed to compel surrender of certificate of title duplicate to Register of Deeds • After hearing. Alteration which impair rights – with consent of all parties 3. National Treasurer is authorized to make up for deficiency from other funds available to Treasury even if not appropriated WHERE AND WHEN TO FILE ACTION AGAINST ASSURANCE FUND: Any court of competent jurisdiction – RTC in city where property lies or resident of plaintiff Action prescribes in 6 years from time plaintiff actually suffered loss If plaintiff is minor.PABLO. effective only for 30 days • After cancellation. how and when acquired with description of land • Statement to be signed and sworn to • Entitled to registration as adverse claim – noted on certificate of title • If there is petition – speedy hearing. insane or imprisoned – has additional 2 years after disability is removed to file action notwithstanding expiration of regular period for 30 days: lis pendens – notice that property is in litigation. no adverse claim on same ground may be registered by same claimant Adverse to registered owner Arises after original registration Cannot be registered under provisions of land registration act • To be made on original certificate.ZPG & ASSOCIATES (ZAMBALES. contract to sell but prescription and money claims are not allowed • Purpose: measure designed to protect the interest of a person over a property where registration is not provided for by the land registration act. to the duplicate is not necessary because no access • Contracts of lease. technical description as long as original decree of registration will not be reopened and rights or interest of persons not impaired. somebody is claiming better right • Recent ruling: adverse claim can only be removed upon court order 3. substitution of name of registered owner) 1. PETITION SEEKING SURRENDER OF DUPLICATE TITLE • In voluntary and involuntary conveyances – when duplicate cannot be produced. issue order to Register of Deeds • Lack of essential data fatal 6. Alterations to correct obvious mistakes 5.

deceitful disposition of property as free from encumbrance: imprisonment of 3 years or fine not exceeding 2. Larceny 2. even if in possession for long time. charitable d. Prior to transfer of sovereignty from Spain to US. name. Procure authenticated copy of lost or destroyed instrument 2. vested rights which are protected FISHPONDS Before: included in definition of agriculture.PABLO. Timber lands . it is registration which is operative act of conveying land. Alienable/disposable a. Town sites and for public and quasi-public uses 2. Secure an order from court CHAPTER 18: FEES. signature or handwriting of any officer of court of Register of Deeds Fraudulent stamping or assistance in stamping Forging of handwriting. sheriff • Full payment of fees prerequisite to registration: at least the entry fee of 5. mistake other than error of judgment. land is deemed registered land within the purview of the Torrens system NATURE OF TITLE TO PUBLIC LANDS CONVEYED : INDEFEASIBLE AND CONCLUSIVE In absence of registration.000 or imprisonment of 10 years or both in discretion of court Forging of seal in Register of Deeds.inalienable 3. continuous. Perjury – false statement under oath 3. Residential. CONVEYED TO PRIVATE PERSON . one who bought it for value and in good faith & one who register first shall have preference CLASSIFICATION OF LAND OF PUBLIC DOMAIN: Classification is exclusive prerogative of executive & not by judiciary Anyone who applies for confirmation of imperfect title has burden of proof to overcome the presumption that the land sought to be registered forms part of public domain (Regalian doctrine) UNDER THE CONSTITUTION : Agricultural – only one subject to alienation Forest or timber Mineral lands National park UNDER THE PUBLIC LAND ACT: 1.000 or imprisonment of 5 years or both in discretion of court 4. evidence of authority for Register of Deeds to register Fees to be paid by grantee After issuance of certificate of title. title to public land is not perfected and therefore not indefeasible In case of 2 titles obtained on same date – one procured thru decree of registration is superior than patent issued by director of lands 2 titles procured by one person – one from homestead patent. have applied for purchase but did not receive title. notorious (OCEN) possession under bonafide claim of ownership since June 12. without default on their part PROCEDURE : Official issuing instrument of conveyance to issue instrument File instrument with Register of Deeds Instrument to be entered in books and owner’s duplicate to be issued Instrument – only contract between Government and private person and does not take effect as conveyance if unregistered. Forgery: fine of not more than 10. rest of the fees due payable within next 15 days OFFENSES : 1. commercial.GONZALES • Register of Deeds forbidden to effect registration of lost or destroyed documents • Steps by interested parties: 1. will not ripen into ownership Except: mineral lands and forest lands acquired before inauguration of Commonwealth in November 15. government furnishes the applicant with tolls plus cash allowance to enable him to cultivate CONFIRMATION OF IMPERFECT TITLE : Last extension granted by Government was until December 31. free-title grant: free distribution of public lands to encourage people to cultivate. DIRECTOR OF LANDS Quasi-judicial officer Findings of fact conclusive on higher court with absence of fraud.public agricultural land PUBLIC LAND MAY BE ALIENATED . signature of persons authorized to sign Use of any document which an impression of the seal of the Register of Deeds is forged 5. conversion of agricultural land to fishponds does not change character of land Now: restricted meaning.ZPG & ASSOCIATES (ZAMBALES. but not with regards to finding of law Empowered to alienate and dispose lands MODES OF ALIENATING PUBLIC LANDS: Homestead settlement Sale Confirmation of imperfect or incomplete title Judicial legalization Administrative legalization Lease not included since lease does not transfer ownership. fishponds has distinct category. PENALTIES • In connection with original and subsequent registration of lands – payable to Clerk of court. cannot be alienated but may be leased from government. Fraudulent sale: sale of mortgaged property under the misrepresentation that it is not encumbered. 10 persons. Agricultural b. 1935. industrial c.00 or both at discretion of court CHAPTER 19: REGISTRATION OF PUBLIC LANDS PUBLIC LANDS – all lands owned by the government Inalienable and alienable Inalienable – public domain: timber and miner lands Alienable/ Disposable . 1945. 1987 Right made available to person qualified to acquire alienable and disposable public land thru open. one from judicial decree & sold to 2 diff . Educational. Register of Deeds. Fraudulent procurement of certificate: fine of not more than 10. OFFENSES. Mineral lands inalienable If patent or title is issued – void ab initio for lack of jurisdiction Not subject to acquisitive prescription.00. exclusive.

boundaries are marked by monuments 2. industrial. partnership. 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 : Cannot be alienated within 5 years after approval of application for patent Cannot be liable for satisfaction of debt within 5 years after approval of patent application Subject to repurchase of heirs within 5 years after alienation when allowed already No corporation. Deed of conveyance issued by government patent/grant 2. educational. association may acquire unless solely for commercial. uncertainty & confusion on government system.GONZALES provided they have occupied since their application In OCEN possession since June 12. 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. Actual physical possession. 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. not valid unless approved by Commission on National Integration • Safeguard is to protect them against fraud/deceit CHAPTER 20: CADASTRAL REGISTRATION PROCEEDINGS PURPOSE : Another means to bring lands under operation of Torrens System Ordinary registration is slow for lack of initiative on part of landowners. otherwise.ZPG & ASSOCIATES (ZAMBALES. Director represented by Sol Gen institutes cadastral proceeding by filing petition in court against holders. confusion. 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. of distribution of public lands may arise & this must be avoided Except: annullable on ground of fraud. innovation was conceived to hasten and accelerate registration Government initiates that all lands within a stated region are up for registration – whether or not owners are interested to settle their titles NATURE OF PROCEEDINGS : • In rem • No defendant & no plaintiff • Compulsory PROCEDURE : 1. 1 year after issuance of patent May not be opened one year after entry by Land Registration Authority. Registered with Register of Deeds – mandatory: operative act to convey & transfer title 3. deemed incorporated with Torrens system.PABLO. title of land within a specified area needs to be settled and adjudicated Order Director of Lands to make survey and plan Director gives notice to persons claiming interest in lands & to gen public of day of survey – published in OG and posted in conspicuous place on lands to be surveyed Geodetic engineers commences survey During survey. occupants Parcel of lots given their cadastral numbers PUBLICATION OF NOTICE OF HEARING Court to order date of hearing LRA to notify public by publishing notice 1x in OG and 1x in newspaper of general circulation & copy mailed to person whose address is known & other copies posted in conspicuous place designated bylaw FILING OF ANSWER Any person claiming interest in any part of lands subject to petition is required to file answer Answer must give the ff details: Age of claimant . 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. FILING OF PETITION After survey and plot been made. religious or charitable purpose or right of way subject to consent of grantee & approval of Secretary of Natural resources EXCEPTIONS : Action for partition because it is not a conveyance 11 Alienations or encumbrances made in favor of the government ERRED HOMESTEADER NOT BARRED 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. title is indefeasible TITLE ISSUED PURSUANT TO REGISTRATION OF PATENT Indefeasible – when registered. possessors. claimants. 1945 or earlier 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. CADASTRAL SURVEY In opinion of Phil president pursuant to requirement of public interest.

BUT MAY DIRECT SHERIFF TO DELIVER POSSESSION Provisions of land registration act applicable to cadastral proceedings CHAPTER 21: SYSTEM OF REGISTRATION FOR UNREGISTERED LANDS System of registration for unregistered land under the Torrens System (ACT 3344) Before: covers voluntary dealings. 1968 Unable to file their claim even while in possession granted right to petition for reopening of proceedings provided such were not alienated. binds 3rd persons after registration but yields to better rights of 3 rd person prior to registration (limited effect to 3rd parties) Reason: no strict investigation involved Subsequent dealings – also valid if recorded Register of Deeds keeps day book & a register.ZPG & ASSOCIATES (ZAMBALES. leased or disposed by government CADASTRAL COURT DOES NOT AWARD DAMAGES . Presentment of instrument dealing in unregistered land 2. index system is also kept Procedure: 1. what is prohibited is registered land to DECISION be registered again in name of another Claimants are notified of decision Jurisdiction subsist to all incidental matters ISSUANCE OF DECREE AND CERTIFICATE OF TITLE CADASTRAL PROCEEDING COMPARED TO ORDINARY REGISTRATION CADASTRAL ORDINARY Party Initiating Government Private Individual Subject Matter Private and Public Private Lands Ownership Government does not assert ownership Ownership is Asserted Interested only in settlement of titles Survey Government undertakes survey and On account of owner advances expenses As to risk In absence of successful claimant.PABLO. If found defective – registration is refused writing his reason for refusal.GONZALES 12 Cadastral number of lot claimed Upon order of court. Applicant has another chance to claim is property goes to government dismissal is without prejudice WHEN CAN CADASTRAL PROCEEDINGS MAY BE OPENED 10 years up to Dec 31. . LRA to enter decree of Name of barrio or municipality where registration lot is located Decree made basis for issuance of OCT Name of owners of adjoining lots Decree are now being directly prepared and If in possession & without grant – no issued on regulation forms of such of years in possession certificate If not in possession – state interest claimed NATURE OF TITLE COVERED BY 2 ACTS: If assessed of taxation – assessed value Title in good faith & for value Any encumbrances affecting said lots Errors in plan does not annul decree of registration HEARING OF CASE Cancellation & correction is permitted In any convenient place where land lies Like an ordinary RTC trial LAND ALREADY REGISTERED Conflicting claims are determined Jurisdiction is limited only to correction of technical Lots claimed are awarded to persons entitles – if errors they could prove title Court cannot issue decree on land already decreed If none could prove title – land is declared Revision of decree allowed when substantial rights are public domain not impaired. If found in order – registered 3. now includes involuntary dealings Effect if prospective.

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