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„ TheLand Registration Authority

REVIEWER IN LAND „ General functions
REGISTRATION „ Issue decrees of registration
(WITH MCQs) „ Resolve cases elevated en consulta

„ Exercise supervision over all clerks of

Justice Oswaldo D. Agcaoili court relative to land registration
Philippine Judicial Academy „ Approve subdivision and consolidation

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Supreme Court plans

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„ General Principles
nciples „ Functions of the Register of Deeds
F
es
„ Regalian
alian doctrine:
doct concept, basis „ Duty to register ministerial
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„ Doctrine
ctrine reflected in Constitution „ Exceptions
itte to LRA via en
„ Doubtful questions submitted
„ Doctrine does not negate native title
o

consulta
„ Advantages of the Torrens system
„ Registration does not
o vvalidate
valid
li an otherwise
„ Registration not a mode of acquiring
ring invalid instrument
en
ownership
i inn rrem
„ Registration is a proceeding
ding
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„ Registration under PD 1529,9, Property

Prope
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„ Jurisdiction
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„ RTCs have plenary jurisdiction over

Registration Decree
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„ Who may apply?

land registration cases
„ Under Sec. 14(1) – those
ho who have been
„ But first level courts have delegated
uous, eexclusive and
in open, continuous,
jurisdiction where: ossessio and occupation of A
notorious possession
„ The lot sought to be registered is not the unde a bona fide claim of
nds under
and D lands
subject of controversy or opposition; or hip sin
ownership since June 12, 1945 or earlier.
„ Even if contested, the value does not „ Land need be classified “at the time the
exceed P100,000. application for registration is filed.”

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„ Who may apply under PD 1529?
„ Under Sec/ 14(2) – those who have acquired
ownership of private lands by prescription
under existing laws
„ Prescritpion applies only where land is already
patrimonial or private in character, i.e.,where
the land has been declared by the government
as –
„ Already A and D, and
„ Is no longer needed for public use or public service
„ Who may apply under PD 1529?
„ Under Sec. 14(4) – those who have
acquired ownership of land in any other
manner provided by law
„ International Hardwood v. University of the
Philippines
„ Republic, rep by Mindanao Medical Center v.
Court of Appeals

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„ Who may apply ply und

under PD 1529? „ Pri
Private corporations disqualified from
„ Under Sec.c. 14(3) – those who have holding lands of the public domain except
es
red owne
acquired ownership of private lands or by lease
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doned river beds by right of

abandoned „ Director of Lands v. IAC and Acme
accession
i or accretion under existing Plywood
o

laws
„ Vested rights may not be impaired
imp by
„ Art. 461, CC – land belongs to owners subsequent law
whose lands are occupied by the new course
cours
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„ Art. 457, CC – accretion belongss too riparian
ri
ripar
owner

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„ Judicial Confirmation of Imperfect

mperfect Titles
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„ Principles on accession and accretion

b

(Sec. 48(b), CA 141 – Public

ublic L
Land Act)
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„ Alluvion - exclusive work of nature

„ Applicant must show w open,
p continuous,
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„ Accretion - gradual and imperceptible

orious
exclusive and notoriousu possession and
„ Accretion not automatically registered
occupation of A and D lands, under a
„ When not registered, the increment mahy bona fide acquisiti
acquisition, since June 12, 1945
be acquired by third persons „ Provisionn extended
ten to national cultural
„ Alluvial formation along seashore part of minorities with at least 30 years
the public domain possession

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„ Registration under RA 8371, Indigenous „ Opposition

Peoples Rights Act
„ Oppositor must have interest in the land
„ Ancestral domains and lands are not parts
„ General default, special default
of the public domain; they belong in
private ownership to indigenous cultural „ Absence of opposition does not justify

communities outright registration

„ Modes of acquisition: (a) native title, or „ Burden of proof rests on applicant

(b) Torrens title under PD 1529 or CA „ Government may appeal despite failure to

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141 file opposition

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„ Under Sec. 14(1),

4(1), land
l need be classified „ Ci
Citizenship requirement
es
as A and D land ““at the time the
„ The following may acquire private lands:
application
ation for registration is filed”
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„ Filipino citizens
„ Underr Sec. 14(2), acquisition of ownership
„ Filipino corporations as defined
defi in Sec. 2,
by prescription applies only to patrimonial
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property of the State Art. XII

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„ Aliens, but only byy hereditary

he
heredit
d succession
„ Under Sec. 14(3)
„ Rule as to abandoned river beds „ A natural-born Fi
Filipino
ino
n citizen who has lost
„ Rule as to accretion his citizenship
hip under
nd the terms of Sec. 8,
unde
Art. XII

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„ Publication, mailing and notice „ Principles

„ Public given notice of initial hearing by „ Capacity to own landd determined
determi as of
(a) publication in OG and newspaper, (b) isition
ition and
the time of its acquisition a not
mailing to persons named in the registration
application and concerned government „ Aliens may lease
ease private
pri lands
offices, and (c) posting on the land and „ A Filipino
no vendo
vendor may recover sold to an
bulleting board alien
„ New publication necessary to include
additional area
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„ Classification of Lands „ Evidence of Ownership

„ Lands of the public domain classified as
(a) agricultural, (b) timber of forest, (c)
mineral lands, and (d) national parks
„ Only agricultural lands may be the
subject of alienation
„ Classification of public lands an
executive prerogative
„ Proof that land was already classified as
A and D land at the time the application
for registration is filed
„ Proof of open, continuous, exclusive and
notorious possession in concept of owner
since June 12, 1945, or earlier
„ Proof of overt acts of possession, rule in

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case of conflict, payment of taxes

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„ Non-Registrable
le Properties
Prop
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„ Jud
Judgment and Decree of Registration
„ Property of public dominion
do (for public use or
es
public service
rvice „ Trial court to decide case within 90 days
„ Forest
st lands (classification
(c descriptive of its legal „ Only processes received by OSG binding
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re and not what it actually looks like –

nature
Amunategui v. Director of Forestry) „ Res judicata applicable to o rregistration
o

„ Watersheds and mangrove swamps (classified as cases (Vencilao v. Vano)no

o)
forest lands – Director v. Villareal)
„ Separate proceedingngg to
t en
enforce
e judgment
„ Mineral lands (ownership of land does not extend n
Rosa
R
to minerals underneath - Rep. v. Dela Rosa) osa
s ) opa o v. Banco Filipino)
unnecessary (Topacio
„ Parks and plazas

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„ Non-Registrable Properties
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„ Writ of possession may issued

ssued against
a
„ Military or naval reservations
„ Foreshore lands (Republic v. Republic Real Estate
party defeated and anyone
yone ad
adversely
Corporation; Government v. Cabangis) occupying land duringing
g the proceedings
p
„ Reclaimed lands and submerged areas (Chavez v. „ Writ of demolition n included
incl
c in the writ of
PEA)
possession byy specia
special order of the court
„ River banks, lakes and creeks (Republic v. Reyes;
Republic v. Del Rio) „ Writ doess not iss
issue in reconstitution
„ Reservations for public and semi-public purposes „ Refusal to vacate,
va consequence

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„ Decree of registration „ Reconveyance – an action in personam

„ Binds the land and quiets title thereto
„ Only after decree is issued by the LRA
that the decision of the court is deemed
“final.”
„ Land becomes registered only upon
transcription of decree (Manotok Realty
v. CLT Realty)
seeking to transfer property wrongfully
registered to its rightful owner
„ Requisites: (a) brought by party in
interest after 1 year from issuance of
decree (b) registration procured through
actual fraud (c) property has not yet
passed to innocent purchaser

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„ Title becomes indefeasible one year afterer
entry of decree
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„ Remedies of Aggri
Aggrieved Party Ba
„ Pre
Prescription of action for reconveyance
a

Action based on fraud – 4 years

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„
Decr (Eland Philippines v.
„ Review of Decree
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Garcia,
a, citing Agcaoili) „ Action based on implied trust – 10 years
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„ Requisites:
it (a) petitioner must have „ Action based on void contract
tr –
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interest in land (b) petition based on imprescriptible

actual or extrinsic fraud (c) filed within
in „ Action to quiet title
le wher
w
where
er plaintiff is in
passed
pa
one year (d) property has not yet passed mpr crip r
possession – imprescriptible
to innocent purchaser for value „ But laches may bara recovery

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„ Extrinsic fraud - fraudulent act of

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„ Action for Damages

successful party committed outside trial
„ Where reconveyance no longer long lies,
of a case against defeated party
interested party can file
ile an
a action for
preventing the latter from fairly
damages againstt persons
person
o responsible for
presenting his case
depriving of his right to property
„ Distinguished from intrinsic fraud
„ Action must be brought
br within 10 years
„ Illustrative cases
uance of the questioned
from issuance
certificate of title

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„ Action for Reversion – seeks to restore
public land fraudulently awarded and
disposed of to private individuals or
corporations to the mass of the public
domain (Yujuico v. Republic, citing
Agcaoili)
„ Grounds: all cases where lands of the
public domain are held in violation of the
„ Recovery from the Assurance Fund – a
person who sustains loss or damage, or is
deprived of any land or interest therein by
the operation of the Torrens system after
original registration, without negligence
on his part, is entitled to recover damages
from the Assurance Fund
„ Action must be brought within 6 years

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Constitution from the time right of action accrues

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„ Ann
Annulment of judgments – is an
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„ Action for annulment

nnulmen of judgment and
consequentt reversion
revers of public land to the extraordinary remedy in law independent
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State must be fi
filed with the Court of of the case where the judgment sought to
h

als und
Appeals under Rule 47
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be annulled was rendered

„ Director of Lands has continuing „ See Rule 47, Rules of Court ourt
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authority to investigate fraudulent

„ Grounds: (a) extrinsicsic
i fr
fraud
fraud, filed within
disposition of public lands
overy,
v r and (b) lack of
4 years from discovery,
„ Only the Solicitor General may fileile action
actio
led before
jurisdiction, filed b barred by laches
„ State not barred by res judicata
ta or
or
or estoppel
estoppel; exception
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„ Action for Cancellation of Title – action „ Cadastral Registration Proceedings

eedings
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initiated by private party usually in a case „ Purpose – to settle and adjudicate

djudica title to
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where two titles are issued for the same unregistered lands
lot „ The government initiates
nitiates
ates a cadastral case
at
„ Land does not revert to the State but is mants iin a municipality to
to compel claimants
declared as lawfully belonging to the party ective claims
litigate respective cl of ownership
whose title is superior over the other „ Decision n declaring
declarin land as public land not
„ State is also vested with personality to file a bar to a subs
subsequent action for
this action to protect public interest and confirmation of title to the same land
safeguard Assurance Fund

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„ Certificate of Title „ Certificate of Title not Subject to

„ Serves as indefeasible and conclusive
Collateral Attack
evidence of title to property „ A certificate of title cannot be altered,

„ Title refers to that upon which ownership;

modified or cancelled except in a direct
is based, whereas certificate of title is a proceeding filed with the RTC (Manotok
mere evidence of ownership v. Barque)
„ A direct attack on title proper in a
„ Mere issuance of title does not foreclose
counterclaim (Leyson v. Bontuyan)

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action to test its validity
„ Illusgtrative cases

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Statutory Liens
ns Affe
Affecting Title
Ba
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„ „ Vo
Voluntary Dealings with Registered
„ Every registered
stered oowner holds title free Lands
es
from encumbra
encumbrances except: (a) liens or „ Act of registration is the operative act to
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req
rights not required by law to be registered convey or affect registered land
(b) unpaid
paid real estate taxes (c) public
„ Actual notice is equivalent
alent to registration
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highway (d) limitation on the use of

property under agrarian reform and „ Registration of document
cument
u n ministerial
m on
public land laws (e) liability to the part of the Re ster
e of Deeds;
Register
attachment or levy on execution n (f) taking
f) tak exceptions
eedings
under eminent domain proceedings ng

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„ Registered Title Imprescriptible „ Purchaser in Good Faith – one who buys

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„ Prescription unavailing not only against

property without notice thathat som
some other
registered owner but also his heirs; hence, person has a right or interest in it, and
right to recover possession is also pays a full and fairr price
rice
ic at
a the time of the
imprescriptible purchase
„ Purchaser of registered
regist land is not
„ But registered owner may be barred from
recovering possession through laches expl
required to explore further than what the
cates for hidden defects
title indicates
„ Illustrative cases
„ Rule of good faith applies to mortgages

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„ Generally, a forged deed is a nullity and „ Writ of Possession – an order by which

conveys no title
„ The innocent purchaser for value is one who
purchases titled land by virtue of a deed
executed by the registered owner himself, not
by a forged deed
„ If instrument is forged, even if accompanied
by owner’s duplicate certificate, the registered
owner does not lose his title and neither does
the sheriff is commanded to place a
person in possession of property
„ Issuance of writ ex parte, summary and
and ministerial, unless a third party is in
adverse possession or is not a privy to the
debtor
„ Order granting writ of possession is final

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transferee acquire right or title to the land and can only be questioned on appeal

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„ But a forged deedeed ma

may be the basis of a
Ba
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„ Ad
Adverse Claim – is registered by filing a
good title inn the hands
ha of a bona fide sworn statement with the Register of
es
purchaser
ser when the certificate of title has
Deeds setting forth basis of the claimed
dy been transferred from the name of
already
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rger or
the forger o name indicated by the right
forger, and while it remained that way, „ Purpose: to apprise third d persons
perso that
o

the vendee had a right to rely on what syy over

there is a controversy ov the
th ownership
appeared on the certificate of the land
„ Recourse of aggrieved party „ Adverse claim m nott ipso
i facto cancelled
„ Illustrative cases ays; sepa
after 30 days; separate petition necessary

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„ Mortgages and Leases „ Notice of Lis Pendens – literally means a

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pending suit
„ Mortgagor must be the owner of the
property mortgaged „ Purpose: (a) to protect rights
ights of the
th party
causing registration, and b) to advise third
nd (b)
„ Mortgage lien is a right in rem which
persons that they deal wi the property
eal with
follows property subject to the result
sult of the
th case
„ Notice of lis pendens cannot prejudice
„ When proper er and when
wh it is not
mortgage previously registered
„ Cancellation
ion proper
prop when filed to molest
„ Basic rules on foreclosure (Rural Bank of
adverse party
arty or
o is not necessary to protect the
Oroquieta v. Court of Appeals) rights of the person causing registration

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„ Registration of Patents „ HLURB has quasi-judicial jurisdiction to

„ Public lands suitable for agriculture can be
disposed of by (a) homestead, (b) sale, (c)
lease, and (d) confirmation of imperfect or
incomplete titles by (1) judicial legalization or
(2) administrative legalization (free patent)
hear and decide cases, i.e.,
„ Unsound real estate business practices
„ Claims for refund and other claims filed by
lot/unit buyer against owner or developer
„ Cases for specific performance filed by lot/unit

„ Public land patents when duly registered are buyer against owner or developer
veritable Torrens titles, entitled to all the Appeal is taken to the OP, thence to the CA on a
safeguards relative thereto petition for review

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„ Illustrative cases

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„ Fore
Foreigners are allowed to purchase
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„ Prohibited Alienations
e atio
„ Sec. 118 of CA A 141 pr
proscribe the alienation or condominium units
es
rance of land
encumbrance lan acquired under a free patent or „ Any mortgage of the unit or lot requires
ead paten
homestead patent within 5 years from the grant of the
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approval of HLURB, otherwise mortgage is

patent. The ppolicy is to give patentee a place where to
live with his family
void
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„ After 5 years but before 25 years from the issuance ce of

o „ Failure to develop a subdivision
bdivisio
d may justify
the patent, a homestead may be disposed of mortizati
ri t
non-payment of amortizations by lot buyer
„ subject to the approval of the DENR Secretary;ttary; but „ Buyer may not be ousted
ou te for non-payment
land covered by a free patent may be disposed
spp sed of after
5 years
due to failure of subdivision
sub
u owner to put
up required improvements
ed impro
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„ Subdivision and Condominium Buyer’s „ Owner or developer shall:

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Protective Decree (PD 957) „ Deliver title to buyer upon full payment
pay of lot
„ Policy: to afford inhabitants the requirements or unit
of decent human settlement with ample „ Redeem outstanding mortga
mortgage
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opportunities for improving their quality of life „ Secure a right off way to a public road
„ Real estate and condominium businesses must „ Initiate the organizati
organization of a homeowners
be closely supervised and regulated, and association
ion among buyers and residents
penalties imposed on fraudulent practices and „ Provide e adequate
adequ roads, alleys and sidewalks
manipulations „ Donate roads and open spaces to city or
municipality where project is located

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MULTIPLE CHOICE QUESTIONS „ The Regalian doctrine embodies the concept

„ The real purpose of the Torrens system of
registration is (a) to quiet title to land (b)
to recognize a valid and subsisting interest
in land (c) to bar innocent third parties
from claiming an interest in the land (d) to
furnish a shield for fraud.
that (a) all alienable and disposable lands of
the public domain belong to the State (b) all
lands not clearly within private ownership
presumptively belong to the State (c) all
lands not covered by Spanish titles
presumptively belong to the State (d) the
King is regarded as the true and only source
of title

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„ In what instances may first level courts

„ The real purpose
rpose of the Torrens system of exercise jurisdiction to hear land registration
es
on is (a) to quiet title to land (b) to
registration cases? (a) Where the application is not the
h

recognize
nize a va
valid and subsisting interest in subject of any adverse claim (b) Where the
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land (c)
c) to bar
b innocent third parties from assessed value of the land does not exceed
claiming an interest in the land (d) to
o

P500,000 as shown in the affidavit

affida of the
furnish a shield for fraud. applicant or corresponding
n n tax
onding ta declaration (c)
Where the land is not contested,
ot ccont
t or even if
contested, has ann assessed
as sss value not
exceeding P100,000 0 (d) Where its exercise is
100,000
delegated by the SSupreme Court.

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„ In what instances may first levelel courts

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„ The Regalian doctrine embodies the

concept that (a) all alienable and exercise jurisdiction to hear land registration
reg
disposable lands of the public domain cases? (a) Where the application
pplication is not the
belong to the State (b) all lands not clearly subject of any adverse claim
laim (b)
( Where the
assessed value of thee land
ndd does not exceed
within private ownership presumptively
P500,000 as shown
own in the
th affidavit of the
belong to the State (c) all lands not
applicant orr correspo
corresponding tax declaration (c)
covered by Spanish titles presumptively Where thee land is not contested, or even if
belong to the State (d) the King is
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contested,, has an
a assessed value not exceeding
regarded as the true and only source of P100,000 (d) Where its exercise is delegated
title. by the Supreme Court.

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„ Opposition to an application for registration of
the title must be based on the right of dominion
or some other real right opposed to the
adjudication of the ownership of the applicant.
The following may properly interpose an
opposition: (a) a homesteader who has not yet
been issued his title but has fulfilled all the
conditions required by law for the issuance of
patent (b) a foreshore lease applicant (c) a sales
applicant pending issuance of the order of award ard
„ PD No. 892, dated February 16, 1976, has
outlawed Spanish titles as evidence of
ownership in registration cases. However, (a)
such a title may still be presented in evidence
if accompanied by a survey plan executed
prior to February 16, 1976 (b) such a title may
still be presented if it is in the nature of a
possessory information title (informacion
possessoria) (c) such a title is absolutely
barred without if’s or but’s (d) such a title may

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still be presented in evidence if accompanied
(d) the holder of timber license agreement dulyd by its English translation.
approved by the DENR.
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„ Prev
Prevailing jurisprudence states that Section
„ Opposition to an appli
application for registration of 14
14(1) of PD No. 1529 merely requires that the
lland sought to be registered is already alienable
ust be bas
the title must based on the right of dominion
es
and disposable “at the time the application for
or some real right opposed to the
me other rea registration is filed.” The basis for the rule is
dication oof the ownership of the applicant.
adjudication that (a) it is only when the land is classified as A
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The follow
following may properly interpose an and D that the State is deemed to have abdicated
its exclusive prerogative over er th
the land (b) it is
opposition: (a) a homesteader who has not yet
o

hardly possible to look for or witness

witnesses who could
been issued his title but has fulfilled all the testify as to the status and ccondi
condition of the land
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conditions required by law for the issuancee of on or before June 12, 2, 19

1945 ((c) prior to the
and
classification of the land d as
a A and D, the land
n

patent (b) a foreshore lease applicant (c)( a sales

still remains partrt of tthe forest zone, hence,
applicant pending issuance of the orderrdd r of
o award
aw inalienable (d)d) previo
v
previous rulings of the Supreme
agreeem
(d) the holder of timber license agreementmen duly iring that
Court requiring tha the land be declared A and
approved by the DENR. D as of June 12, 1945
1 are merely obiter dicta.
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„ Prevailing jurisprudence states that Section 114(1) of

„ PD No. 892, dated February 16, 1976, has PD No. 1529 merely requires that the land sought to
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outlawed Spanish titles as evidence of be registered is already alienable le and disposable

di “at
ownership in registration cases. However, (a) registrati is filed.”
the time the application for registration
such a title may still be presented in evidence hat (a) it is only when the
The basis for the rule is that
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land is classified as A and nd D ththat

tha the State is
if accompanied by a survey plan executed deemed to have abdicated ated its
itt eexclusive prerogative
an

prior to February 16, 1976 (b) such a title over the land (b) it iss hardl
hardly possible to look for
may still be presented if it is in the nature of witnesses who could
ould testify
testi as to the status and
a possessory information title (informacion condition of the land on or before June 12, 1945 (c)
possessoria) (c) such a title is absolutely classific
prior to the classification of the land as A and D, the
emains ppart of the forest zone, hence,
land still remains
barred without if’s or but’s (d) such a title inalienable (d) pprevious rulings of the Supreme
may still be presented in evidence if Court requiring that the land be declared A and D as
accompanied by its English translation. of June 12, 1945 are merely obiter dicta.

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„ The function of the Register of Deeds to „ Registration is not a mode of acquiring

register instruments affecting registered land
is ministerial. Accordingly, (a) his duty is
compellable by mandamus (b) he has no
discretion to determine the intrinsic validity
of the instrument provided that it is in due
form (c) his duty is to register the instrument
without prejudice to a determination of its
validity before the proper forum afterwards
(d) his duty is to register the instrument
ownership. It is simply a procedure (a) to
ensure that third parties may not assert any
claim or interest in the land thereafter (b) to
establish proof of one’s claim of ownership
in the land (c) to remove all liens and
encumbrances in the land (d) to assure the
claimant a better title than what he actually
has.

r
unless enjoined by the LRA.

67 70
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„ Regis
Registration under the Torrens system is a
„ The function of the Register of Deeds to ro
proceeding in rem. This means that (a) all
register instruments
strum n affecting registered land interested persons are notified of the proceedings
es
is ministerial. Accordingly, (a) his duty is
nisterial. A and have a right to appear in opposition to the
compellable
pellable by mandamus (b) he has no application for registration (b) the proceeding is
bl

discretion
etion to determine the intrinsic validity against all known occupants and adjoining owners
of the instrument provided that it is in due of the land (c) the proceedingg aims generally to
o

form (c) his duty is to register the instrument

ment
nt bar some individual claim im orr obje
objection so that
R

without prejudice to a determination of its laim

certain persons who claimaim an interest in the land
an

validity before the proper forum afterwards

wardss ea (d)
are entitled to be heard d) tthe proceeding shall be
(d) his duty is to register the instrument
rument
umen
e nerallyy accepted principles
based on the generally
unless enjoined by the LRA. underlying thehe Torrens
Torre system.

68 71
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„ Registration under the Torrens systemtem is a

C

proceeding in rem. This means that (a) alla

b

„ Registration is not a mode of acquiring

interested persons are notifiedd of the proceedings
o

ownership. It is simply a procedure (a) to

and have a right to appearar in opposition
oppo
pp to the
ensure that third parties may not assert any
R

application for registration

ion
n (b) the proceeding is
claim or interest in the land thereafter (b) to
n

against all known occupants

cupants
nt and adjoining owners
establish proof of one’s claim of ownership of the land (c) the
he proceeding
proceed aims generally to
in the land (c) to remove all liens and bar some individual claim or objection so that
dividual cl
encumbrances in the land (d) to assure the rsons who
certain persons wh claim an interest in the land
claimant a better title than what he actually d to be heard (d) the proceeding shall be
are entitled
has. based on the generally accepted principles
underlying the Torrens system.

69 72

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„ Only alienable and disposable (A and D) lands of

the public domain may be the subject of
alienation. What acts may be considered sufficient
to show the prior classification of the land as A
and D? (a) A cadastral survey of a municipality
where the land is situated preparatory to the filing
of the petition for cadastral proceedings (b) The
titling under the Torrens system of properties
around the land subject of registration (c) The
report and recommendation of the District
Forester for the release of the property from the
unclassified region (d) An executive proclamation n
„ Submerged lands when already reclaimed
from the sea (a) are deemed alienable and
disposable lands (b) become alienable and
disposable lands upon a positive act of the
government (c) become alienable and
disposable lands upon a declaration by the
courts to that effect (d) become alienable and
disposable when no longer needed for the
easement of flotage or coast guard service.

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withdrawing from a reservation a specific area
and declaring the same open for entry, salee or
other mode of disposition.
73 76
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„ Only alienable and disposable

disposa (A and D) lands of
the public domain
main may be the subject of „ Sub
Submerged lands when already reclaimed from
alienation. What acts may be considered sufficient the sea (a) are deemed alienable and
es
to show thehe prior classification of the land as A disposable lands (b) become alienable and
and D? (a) A cadastral
ca survey of a municipality
disposable lands upon a positive act of the
bl

wheree the land

lan is situated preparatory to the filing
of the petition
petit for cadastral proceedings (b) The government (c) become alienable and
titling under the Torrens system of properties
o

disposable lands upon a declaration

claratio by the
around the land subject of registration (c) Thee courts to that effect (d)
d)) become
c alienable and
report and recommendation of the District
Forester for the release of the property from m thee disposable when no longer
ong needed
n for the
unclassified region (d) An executive pproclamation
ocl
oclama
c easement of flotagege or
o coast
coo guard service.
a

withdrawing from a reservation a specific

peccif c area
ar
h

and declaring the same open forr entry, y sale

sal
s or
other mode of disposition.
C

74 77
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„ One of the distinguishing marks of the Torrens

T
C

„ Submerged lands when already reclaimed system is the absolute certainty ty of the identity of a
from the sea (a) are deemed alienable and registered land. Hence, foror purposes
purpose of
disposable lands (b) become alienable and registration, and in linee with prevailing
pre
disposable lands upon a positive act of the jurisprudence, (a) thee submission
submis
b
bm of the tracing
government (c) become alienable and cloth plan is mandatory
datory ((b) the survey plan and
disposable lands upon a declaration by the technical description
ription must
m be approved by the
courts to that effect (d) become alienable and LRA. (c) the submi
submission of a certified copy of the
disposable when no longer needed for the blueprintt or whiteprint
white plan as approved by the
DENR Regional
Region Executive Director will suffice
easement of flotage or coast guard service.
(d) the submission of a certified copy of the
blueprint or whiteprint plan will suffice if the area
does not exceed the Constitutional limit.
75 78

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„ One of the distinguishing marks of the Torrens

system is the absolute certainty of the identity of a
registered land. Hence, for purposes of
registration, and in line with prevailing
jurisprudence, (a) the submission of the tracing
cloth plan is mandatory (b) the survey plan and
technical description must be approved by the
LRA. (c) the submission of a certified copy of the
blueprint or whiteprint plan as approved by the
DENR Regional Executive Director will suffice
„ The notice of initial hearing must be
published both in the Official Gazette (OG)
and in a newspaper of general circulation;
however, the law provides that publication
in the OG “shall be sufficient to confer
jurisdiction upon the court.” Pedro, as
applicant, believes that there is no need to
publish the notice in the newspaper
anymore.

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(d) the submission of a certified copy of the
hee area
blueprint or whiteprint plan will suffice if the
does not exceed the Constitutional limit.
79 82
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„ (a) He is correct because the law in express

„ When is a right to property
p deemed vested? and unequivocal terms provides that
es
(a) When right to its enjoyment, present
n the rig publication in the OG is sufficient (b) Pedro is
or prospective,
o ectiv has become the property of a
bl

wrong because practically no one reads the OG

particular
cular person
p (b) When it is no longer anyway (c) Pedro is right because
cau it is not fair
subject to question in any proceeding (c)
o

that he should be unduly burdened

burdene by
When the property was already released from m additional expenses forr publication
publica
b (d) Pedro is
the forest zone at the start of possession
on in wrong because publication
a i in
ication i the newspaper is
the concept of owner (d) When it is fixed
fixed by
b part of procedural
al due
u process.
a legislative enactment or municipal
ippa
ordinance.

80 83
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„ When is a right to property deemed vested? „ The notice of initial hearing

ng must be
(a) When the right to its enjoyment, present G
published both in the Official Gazette (OG)
or prospective, has become the property of a and in a newspaper of gener
general circulation;
particular person (b) When it is no longer however, the law provides
vides that publication
vi
subject to question in any proceeding (c) in the OG “shalll be sufficient
su to confer
jurisdiction upon the court.” Pedro, as
When the property was already released from
nt, believe
applicant, believes that there is no need to
the forest zone at the start of possession in
noti in the newspaper
publish the notice
the concept of owner (d) When it is fixed by anymore.e
a legislative enactment or municipal
ordinance.

81 84

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„ (a) He is correct because the law in express
and unequivocal terms provides that
publication in the OG is sufficient (b) Pedro is
wrong because practically no one reads the OG
anyway (c) Pedro is right because it is not fair
that he should be unduly burdened by
additional expenses for publication (d) Pedro is
wrong because publication in the newspaper is
part of procedural due process.
„ Section 23 of PD No. 1520 provides: “The court
shall, within five days from filing of the
application, issue an order setting the date and
hour of the initial hearing which shall not be
earlier than forty-five days nor later than ninety
days from the date of the order.” The court, in an
order dated June 13, 2009, set the initial hearing
of the case on September 25, 2009. After trial, the
court rendered judgment in favor of the applicant.
On appeal, the OSG contends that the notice of
initial hearing is defective and/or it did not vest

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the trial court with jurisdiction over the case.

85 88
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„ Pedro applied forr the registration

regis of Lot 1, Psu-
4597. The government
ernmen opposed. After trial „ (a The OSG is correct for the initial hearing
(a)
judgment was render
rendered in favor of Pedro. The should have been set not later than September
es
judgmentent became final. Thereafter, Pedro sold the 11, 2009, or 90 days from June 13, 2009 (b) The
land to Jose. Can
C the government appeal the OSG is correct since the publication of the
bl

judgment?
ment? (a) No because a final judgment can no notice is jurisdictional (c) The OSG is not
longer be the subject of appeal (b) No because the correct since the issuance and nd pub
publication of the
o

government is already concluded by the nvolve

v
notice of initial hearing involve a process in
judgment, having interposed its opposition too the which the applicant has a had
h d no participation (d)
application for registration (c) Yes becausee the or t sin
The OSG is not correct s
since the notice of initial
government is not bound by the mistakes errors
akes oor er blished
hearing, as published, d already gave sufficient
nd iss now
of its agents (d) No because the land n interested parties of the actual date
notice to alll intereste
transferred to a third person. ng
of hearing
86 89
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„ Pedro applied for the registration of Lot 1, Psu-

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4597. The government opposed. After trial „ Section 23 of PD No. 1520 provides:vides: “The
“Th court
judgment was rendered in favor of Pedro. The shall, within five days from filing
ling of the
th
judgment became final. Thereafter, Pedro sold the application, issue an orderer setting the
th date and
land to Jose. Can the government appeal the hour of the initial hearing
ng which shall not be
judgment? (a) No because a final judgment can no earlier than forty-five dayss no
nor later than ninety
longer be the subject of appeal (b) No because the days from the date of the order.” The court, in an
order dated Junee 13,
1 , 2009,
200 set the initial hearing
government is already concluded by the
of the case on Septem
September 25, 2009. After trial, the
judgment, having interposed its opposition to the court rendered judgment in favor of the applicant.
dered jud
application for registration (c) Yes because the On appeal, l, the OSG
O contends that the notice of
government is not bound by the mistakes or errors initial hearing is defective and/or it did not vest
of its agents (d) No because the land is now the trial court with jurisdiction over the case.
transferred to a third person.
87 90

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„ (a) The OSG is correct for the initial hearing

should have been set not later than September
„ Pedro applied for the registration of land
11, 2009, or 90 days from June 13, 2009 (b) The containing 1,000 square meters. He bought
OSG is correct since the publication of the the adjoining lot with an area of 20 square
notice is jurisdictional (c) The OSG is not meters. To bring the additional area under
correct since the issuance and publication of the the Torrens system, what must Pedro do?
notice of initial hearing involve a process in
which the applicant has had no participation (d)
The OSG is not correct since the notice of initial
hearing, as published, already gave sufficient

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notice to all interested parties of the actuall ddate
te
of hearing
91 94
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„ Amendments to the application for registration „ (a) He must withdraw his original application
may be allowed. However, (a) it is not
owed. Ho and file a new one to include the additional
es
permissible make amendments after the
sible to ma area after a consolidation survey (b) He
registration
tration of
o the property has been decreed should file a separate application for the
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except upon order of the court (b) the

pt upo additional area (c) He must amend his
amendment is proper only when the inclusion of application to include the additional area
o

additional area is very negligible, or smallerr
than the original area (c) the amendment must
bear the conformity of the Solicitor General
eral as
the counsel for the government in all land
and
registration proceedings (d) the amended survey
plan must first be approved by the LRA.
92
subject to the requirements of publication (d)
He should file a separate application for the
additional area and thereafter move for the
consolidation of said application with the
original application for registration.
95

„ Amendments to the application for registration

may be allowed. However, (a) it is not
„ Pedro applied for the registration of land
permissible to make amendments after the containing 1,000 square meters. He bought
registration of the property has been decreed the adjoining lot with an area of 20 square
except upon order of the court (b) the meters. To bring the additional area under
amendment is proper only when the inclusion of the Torrens system, what must Pedro do?
additional area is very negligible, or smaller
than the original area (c) the amendment must
bear the conformity of the Solicitor General as
the counsel for the government in all land
registration proceedings (d) the amended survey
plan must first be approved by the LRA.
93 96

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„ (a) He must withdraw his original application
and file a new one to include the additional
area after a consolidation survey (b) He
should file a separate application for the
additional area (c) He must amend his
application to include the additional area
subject to the requirements of publication (d)
He should file a separate application for the
additional area and thereafter move for the
consolidation of said application with the
„ The capacity to acquire private land is
determined by the (a) capacity to convert the
land to its maximum productivity (b)
capacity to acquire public land (c) capacity to
proffer well-nigh incontrovertible proof of
possession since June 12, 1945 or p;rior
thereto (d) capacity to show full compliance
with the residence and cultivation
requirements by oral and documentary

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evidence.
original application for registration.

97 100
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„ Overt acts of possession

session to show claim of
ownership mayy consist in introducing valuable „ Th capacity to acquire private land is
The
improvements nts on the property like fruit-bearing determined by the (a) capacity to convert the
es
trees. In Republic v. Court of Appeals and Chavez land to its maximum productivity (b)
(GR No. L-626
L-62680, Nov. 9, 1988), the Court held capacity to acquire public land (c) capacity to
bl

n a practical
that in prac and scientific way of planting,
(a) it takes
k only 5 years for coconut trees and 3
proffer well-nigh incontrovertible proof of
possession since June 12, 1945 or prior
o

years for mango trees to begin bearing fruit (b)) it

takes only 10 years for mango trees and 5 years ars thereto (d) capacity to show full compliance
ho fu
for coconut trees to begin bearing fruit (c) it takes with the residence and
n cultivation
cult
l
only 3 years for coconut trees and 5 yearsars for requirements byy oral
o andan documentary
mango trees to begin bearing fruit (d)) it tak
takes
a only
10 years for coconut trees and 5 years for mango
ears fo m evidence.
trees to begin bearing fruit

98 101
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„ Overt acts of possession to show claim of

„ In determining the sufficiencyy of the
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ownership may consist in introducing valuable

improvements on the property like fruit-bearing evidence in a registration case, the Supreme
trees. In Republic v. Court of Appeals and Chavez Court generally may not re-evaluate
re-eva the
(GR No. L-62680, Nov. 9, 1988), the Court held findings of fact of thee trial and appellate
al an
that in a practical and scientific way of planting, courts. The recognized
nizedd eexceptions
ex are: (a)
(a) it takes only 5 years for coconut trees and 3 when the findings fact are conclusions
gs of fa
years for mango trees to begin bearing fruit (b) it
without citation specific evidence on
tion of sp
takes only 10 years for mango trees and 5 years
for coconut trees to begin bearing fruit (c) it takes which they
hey are based
ba (b) when the appellate
only 3 years for coconut trees and 5 years for court, in making its findings, went beyond
n makin
mango trees to begin bearing fruit (d) it takes only the issues
es in the case (c) when the petitioner
10 years for coconut trees and 5 years for mango disputes the jurisdiction of the trial court (d)
trees to begin bearing fruit “a” and “b”.

99 102

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„ In determining the sufficiency of the „ What is the concept of ownership of ancestral

evidence in a registration case, the Supreme
Court generally may not re-evaluate the
findings of fact of the trial and appellate
courts. The recognized exceptions are: (a)
when the findings of fact are conclusions
without citation of specific evidence on
which they are based (b) when the appellate
court, in making its findings, went beyond
the issues in the case (c) when the petitioner
domains? (a) Ancestral domains are part the
lands of the public domain under the concept of
jura regalia (b) Ancestral domains are the
private but community property of indigenous
peoples (c) Ancestral domains and all natural
resources therein belong in private ownership to
indigenous cultural communities based on
native title (d) Ancestral domains are owned by
the State pursuant to Section 2, Article XII

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disputes the jurisdiction of the trial court (d)
d) which states that all lands and all other natural
“a” and “b”. resources are “owned by the State.”
103 106
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„ The Civil Code provides

provi that accretion „ Wh is the concept of ownership of ancestral
What
belongs to the owne
owners of the land adjoining domains? (a) Ancestral domains are part the
es
the bankss of the river. It is however lands of the public domain under the concept of
necessary
ssary that the accretion (a) must have jura regalia (b) Ancestral domains are the
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takenn place for such length of time as to ipso private but community property of indigenous
jure convert the same into private ownership peoples (c) Ancestral domains ains and all natural
o

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(b) is made through the effects of the current entt resources therein belong inn private
priva ownership to
of the water (c) is formed by the natural indigenous cultural communiti
communities
om u based on
change in the course of the river (d) must native title (d) Ancestral domains are owned by
trall do
have been formed gradually and the State pursuant
ant to
o Section 2, Article XII
imperceptibly for a period of not ot less than 10
leess tha which states that alll llands and all other natural
years. resources are “own
“owned by the State.”
104 107
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„ The Civil Code provides that accretion

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belongs to the owners of the land adjoining „ Under the Indigenous Peoples ples Rights
Rig Act
the banks of the river. It is however (RA No. 8371), registration under the
tration und
necessary that the accretion (a) must have Torrens system of individually-owned
ndividual
ividu
taken place for such length of time as to ipso
ancestral land requires (a)
( possession for not
uires (a
jure convert the same into private ownership
(b) is made through the effects of the current less than thirtyy (30) years
ye immediately prior
of the water (c) is formed by the natural to the approval
roval of tthe law on October 29,
change in the course of the river (d) must 1997 (b)) possession
posses since June 12, 1945 or
have been formed gradually and earlier (c) possession for not less than ten
c) po
imperceptibly for a period of not less than 10 (10) years in good faith (d) possession for not
years. less than thirty (30) years.

105 108

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„ Section 22, PD No. 1529 allows land subject of

„ Under the Indigenous Peoples Rights Act
(RA No. 8371), registration under the
Torrens system of individually-owned
ancestral land requires (a) possession for not
less than thirty (30) years immediately prior
to the approval of the law on October 29,
1997 (b) possession since June 12, 1945 or
earlier (c) possession for not less than ten
registration to be dealt with after the filing of the
application and before the issuance of decree
subject to prescribed procedures. In case of sale,
for instance, it is required (a) that the buyer
should be made a party to the case (b) that the
instrument evidencing the transaction be
presented to the court for appropriate
consideration (c) that the application for
registration be amended by substituting the buyer
for the applicant (d) that the buyer must show

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(10) years in good faith (d) possession for not
proof that he is qualified to register the land in his
less than thirty (30) years.
name.
109 112
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„ Sectio 22, PD No. 1529 allows land subject of

Section
„ The primary purpose of cadastral proceedings regi
registration to be dealt with after the filing of the
is (a) to determine
termine cconflicting claims of application and before the issuance of decree
es
ownershiphip in the area subject of cadastral subject to prescribed procedures. In case of sale,
surveyy (b) to provide
p a remedy, without any for instance, it is required (a) that the buyer
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expense
nse on the part of property owners, for the should be made a party to the case (b) that the
correction of errors in the technical description instrument evidencing the transaction
ansactio be
o

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of lands already titled so as to conform to the presented to the court for appropriate
pp
ppropri

Ba
cadastral survey (c) to settle and adjudicate ate consideration (c) that the
he aappl
application
l for
title to lands (d) to determine the priorityty or registration be amended
nd by b substituting the buyer
relative weight of two or more certificates
caa oof
iicates for the applicantt (d) that
tha
h the buyer must show
title for the same land. proof that he is qualifi
qualified
f to register the land in his
name.
110 113
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„ The primary purpose of cadastral proceedings „ The duty of the LRA Administrator
nistrator to issue a
is (a) to determine conflicting claims of decree of registration is ministerial,
ministeri the
ownership in the area subject of cadastral reason being that (a) his refusa
refusal would
survey (b) to provide a remedy, without any subject him to contemptpt of court (b) he is an
tempt
expense on the part of property owners, for the
correction of errors in the technical description officer, and acts upon order,
o of the court (c)
of lands already titled so as to conform to the the winning party has
ha an absolute right to the
cadastral survey (c) to settle and adjudicate fruits of the verdict
verdic (d) the issuance of the
title to lands (d) to determine the priority or decree iss an ex
express component of his
relative weight of two or more certificates of official functions.
func
title for the same land.

111 114

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„ The duty of the LRA Administrator to issue a

decree of registration is ministerial, the
reason being that (a) his refusal would
subject him to contempt of court (b) he is an
officer, and acts upon order, of the court (c)
the winning party has an absolute right to the
fruits of the verdict (d) the issuance of the
decree is an express component of his
official functions.
„ Actions for reversion shall be instituted by
the Solicitor General in the name of the
Republic of the Philippines. Reversion is
proper where defendant’s title covers (a) land
consisting of alluvial deposits caused by the
action of the sea (b) land which had been
previously titled through cadastral
proceedings (c) land subject of irregular

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reconstitution proceedings (d) land forming
part of the friar lands estate.

115 118
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„ To avail of a petition
etition for review, (a) the
petitioner must allege
alle facts and „ Actions for reversion shall be instituted by
es
circumstances
mstances ssurrounding the trial which the Solicitor General in the name of the
prevented
vented a fair and just determination of the Republic of the Philippines. Reversion is
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case (b) th
the petition must be filed within proper where defendant’s title covers (a) land
sixty (60) days from the finality of the consisting of alluvial deposits
osits caused
ca by the
o

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decision of the registration court (c) the action of the sea (b) landd which
whic had been
petitioner must await the expiration off one previously titled through
hrough
o g ccadastral
year from the issuance of the decreee ofo proceedings (c) land subject
u
ub of irregular
registration (d) the property has not
ot passed
pass to reconstitutionn proceedings
proce
c (d) land forming
an innocent purchaser for value.
alue.
l part of thee friar lan
lands estate.

116 119
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„ To avail of a petition for review, (a) the

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„ Recovery from the Assurance ce Fund is

petitioner must allege facts and
possible (a) when private defendant is
te defenda
circumstances surrounding the trial which
insolvent (b) when plaintiff failed in his
aintiff fai
prevented a fair and just determination of the
action for reconveyance
yance (c) when plaintiff is
cee (c
case (b) the petition must be filed within
deprived of any interest in land on account of
sixty (60) days from the finality of the
bringing landd under ththe Torrens system (d)
decision of the registration court (c) the
when thee Registe
Register of Deeds failed to
petitioner must await the expiration of one
exercisee ddue ca
care to forestall fraudulent
year from the issuance of the decree of
registration.
on
registration (d) the property has not passed to
an innocent purchaser for value.

117 120

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1st ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

„ Recovery from the Assurance Fund is

possible (a) when private defendant is
insolvent (b) when plaintiff failed in his
action for reconveyance (c) when plaintiff is
deprived of any interest in land on account of
bringing land under the Torrens system (d)
when the Register of Deeds failed to
exercise due care to forestall fraudulent
registration.
„ The burden of proving the status of a
purchaser in good faith is discharged (a) by
one who asserts that status (b) by invoking
the legal presumption of good faith (c) by
proof that the vendor is the true owner of the
property sold (d) by proof that the property
was unencumbered at the time of the sale.

r
121 124
es
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„ When the deed ed of sale

s presented for
registrationn is forged,
forg (a) the registered „ The burden of proving the status of a
es
ownerr does not lose his title to the land (b) purchaser in good faith is discharged (a) by
one who asserts that status (b) by invoking
bl

the transferee
ransfer can recover damages from the
Assurance Fund (c) the transferee can ask the the legal presumption of good faith (c) by
proof that the vendor is the
he true owner of the
o

true owner to execute a deed of sale in his

favor (d) the Register of Deeds should property sold (d) by p
proof that the property
of tha
elevate the matter to the LRA via en was unencumberedd ata the
t ttime of the sale.
consulta.

122 125
o

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Ba
an

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„ Jose forged the signature of the registered

gistered owner,
o
C

„ When the deed of sale presented for
registration is forged, (a) the registered
owner does not lose his title to the land (b)
the transferee can recover damages from the
Assurance Fund (c) the transferee can ask the
true owner to execute a deed of sale in his
favor (d) the Register of Deeds should
elevate the matter to the LRA via en
consulta.
Pedro, in a deed of sale purportedlytedly mad
made by the
latter in favor of Mario who o paid the ffull purchse
price thereof. Is Mario a buyer in goodg faith? (a) No
erson
because as a cautious personson heh should have first
fice off tthe Register of Deeds
determined in the office
who the true ownerner of the property is (b) No
orged de
because the forged deed does not convey any valid
title (c) Yes because he has paid the full purchase
price of the land (d) Yes because a buyer of
registered lland need not go beyond the four corners
of the title to determine any flaw in the title or
ownership of his vendor.

123 126

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1st ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

„ Lot X is registered in the name of “Pedro,

„ Jose forged the signature of the registered owner,
Pedro, in a deed of sale purportedly made by the
latter in favor of Mario who paid the full purchse
price thereof. Is Mario a buyer in good faith? (a) No
because as a cautious person he should have first
determined in the office of the Register of Deeds
who the true owner of the property is (b) No
because the forged deed does not convey any valid
title (c) Yes because he has paid the full purchase
price of the land (d) Yes because a buyer of
registered land need not go beyond the four corners
married to Maria.” Pedro sells the land to Jose
without the written consent of Maria. May the
Register of Deeds refuse registration? (a) Yes
because the sale does not bear the signature of
Maria who is presumed to be a co-owner of the
land (b) Yes because there is nothing in the deed
of sale to show that Pedro alone acquired the
land in his own right (c) No because the lack of
consent of Maria is fatal, there being no
showing that she is incapacitated to give her

r
of the title to determine any flaw in the title or consent to the sale (d) Yes because the deed of
ownership of his vendor. sale does not bear the signature of Maria.
127 130
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„ Lot X is registered in the name of “Pedro,

„ Pedro sold registered
gistered land to an alien. The ma
married to Maria.” Pedro sells the land to Jose
sale was not registered. Realizing that the
ot registe without the written consent of Maria. May the
es
sale is prohibited,
prohibite Pedro seeks to recover the Register of Deeds refuse registration? (a) Yes
land from the alien vendee. Will the action because the sale does not bear the signature of
bl

Maria who is presumed to be a co-owner of the

prosper?
per? (a)
( Yes because the sale is not yet
land (b) Yes because there is nothing
noth in the deed
registered (b) No because both Pedro and the
o

r
of sale to show that Pedroo alone acquired
a the
alien vendee are in pari delicto (d) No land in his own rightt (c)
(c Noo because
be the lack of
because Pedro is estopped from impugning gning
g consent of Maria is fatal,l there
atal, th being no
the sale (d) Yes because the prohibition
ttion
tio
o is showing that shehe is incapacitated
in to give her
designed for the protection of the Filipino
he F ilipin consent to thee sale (d)
( Yes because the deed of
(d
vendor. sale does not bear the signature of Maria.
128 131
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„ A homesteader is prohibited from alienatin

alienating the
„ Pedro sold registered land to an alien. The homestead within five years from m the iss
issuance
C

sale was not registered. Realizing that the of the patent pursuant to Sectiontion 118 of the
sale is prohibited, Pedro seeks to recover the Public Land Act. Which h of the following
fo
land from the alien vendee. Will the action situations is not covereded byy the prohibition? (a)
mesteade
t
te
Sale made to the homesteader’s own son or
prosper? (a) Yes because the sale is not yet
daughter (b) Sale made within the prohibitory
unregistered (b) No because both Pedro and
nditioned upon express agreement
period but conditioned
the alien vendee are in pari delicto (d) No rties that th
of the parties the sale shall not take effect
because Pedro is estopped from impugning er the expiration
until after ex of said period (c) Sale
the sale (d) Yes because the prohibition is on of
of a portion o the homestead with the
designed for the protection of the Filipino homesteader keeping a reasonable area for
vendor. himself and his family (d) None of the above.
129 132

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1st ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

„ A homesteader is prohibited from alienating the
homestead within five years from the issuance
of the patent pursuant to Section 118 of the
Public Land Act. Which of the following
situations is not covered by the prohibition? (a)
Sale made to the homesteader’s own son or
daughter (b) Sale made within the prohibitory
period but conditioned upon express agreement
of the parties that the sale shall not take effect
until after the expiration of said period (c) Sale
of a portion of the homestead with the
„ Lis pendens refers to the jurisdiction, power or
control which a court acquires over the property
involved in a suit, pending the continuance
thereof and until final judgment. What is the
purpose of a notice of lis pendens? (a) To fortify
the claim of ownership of the party causing the
registration thereof (b) To prevent the owner of
the property from alienating it while the case is
still pending trial (c) To advise third persons who
purchase the property that they do so at their peril
(d) To put the owner on notice that he holds the

r
homesteader keeping a reasonable area for property in trust for the person causing the

Ba
himself and his family (d) None of the above.
bove
ove.
ove
ve annotation of the lis pendens.
133 136
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„ Lis pendens
pe refers to the jurisdiction, power or
„ Pedro is the registered
gistered owner of land. con
control which a court acquires over the property
Minerals are discov
discovered underneath the involved in a suit, pending the continuance
es
property.. Who has
ha the right to exploit the
thereof and until final judgment. What is the
minerals?
rals? (a) The
T government has the
purpose of a notice of lis pendens? (a) To fortify
bl

absolute
lute right
rig to exploit the minerals (b)
Pedroo has the right to exploit the minerals the claim of ownership of the party causing the
registration thereof (b) To preventevent the
t owner of
o

because he is the absolute owner of the land nd

(c) Pedro does not have the right to exploit
oit the property from alienating while the case is
g it wh

Ba
the minerals because he owns the surface ce still pending trial (c) To o aadvise
dviss third persons who
d
area only (d) The government has the right to
hee righ purchase the property rty that
att they
th do so at their peril
exploit the minerals upon prior expropriation
xp
propria (d) To put the owner
wner on o notice that he holds the
s
of the property. rust for the
property in trust th
h person causing the
annotation of the lilis pendens.
134 137
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„ Pedro is the registered owner of land. To be valid and effective, a noticece of lis pendens
C

Minerals are discovered underneath the must be (a) filed simultaneouslyusly with
wi the filing
property. Who has the right to exploit the
of the action subject of the notice (b) annotated
minerals? (a) The government has the
absolute right to exploit the minerals (b) on both the duplicate certificate
certifica
ertifi of title on file
Pedro has the right to exploit the minerals with the Register off Deeds and in the
because he is the absolute owner of the land possession off the registered
r owner (c)
(c) Pedro does not have the right to exploit approved by the cou court in the pending case (d)
the minerals because he owns the surface annotated d on the original duplicate certificate
area only (d) The government has the right to of title on file w
with the Register of Deeds.
exploit the minerals upon prior expropriation
„
of the property.

135 138

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1st ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

„ To be valid and effective, a notice of lis
pendens must be (a) filed simultaneously with
the filing of the action subject of the notice (b)
annotated on both the duplicate certificate of
title on file with the Register of Deeds and in
the possession of the registered owner (c)
approved by the court in the pending case (d)
annotated on the original duplicate certificate
of title on file with the Register of Deeds.
„ May an adverse claim of ownership, based
on prescription and adverse possession, be
registered over registered land? (a) Yes
because adverse claim aims to protect the
interest of the person claiming ownership of
the land (b) No because title to registered
land is imprescriptible (c) Yes because the
adverse claim serves as a notice that the
adverse claimant has a better right to the land
than the registered owner thereof (d) No
because prescription for the acquisition of

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title is never presumed.

139 142
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„ An adverse claim is effective for thirty (30)

„ effectiv a notice of lis
To be valid and effective, days from date of registration. To render the
d
pendens must st be (a) filed simultaneously with adverse claim functus officio, (a) the
es
the filingg of the action
ac subject of the notice (b) interested party should formally request the
annotated
ated on both
b the duplicate certificate of Register of Deeds to cancel the same upon
bl

title onn file with the Register of Deeds and in the expiration of the 30-day y pperiod (b) no
the possession of the registered owner (c) action is necessary since the adverse
adv claim
o

approved by the court in the pending case (d) automatically lapses upon on the expiration of
R

annotated on the original duplicate certificate

ficatee the 30-day period (c)) the interested party
h iin
an

should file a petition

iti inn ccourt for the
of title on file with the Register of Deeds.
eeeds.
ed
d
cancellation of the adverse
a claim (d) it is
necessary too awaitt the
t final outcome of the
case.
140 143
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„ May an adverse claim of ownership, based „ An adverse claim is effective for thirty (30)
C

on prescription and adverse possession, be days from date of registration. render the
on. To re
registered over registered land? (a) Yes adverse claim functus officio,
cio (a)
(a the
because adverse claim aims to protect the interested party shouldd formally
formall request the
interest of the person claiming ownership of Register of Deeds to cance
cancel
ance the same upon
the land (b) No because title to registered he 30-day
the expiration of the 30-d
0- period (b) no
land is imprescriptible (c) Yes because the ssary since
action is necessary sin the adverse claim
adverse claim serves as a notice that the lly lapse
automatically lapses upon the expiration of
adverse claimant has a better right to the land the 30-day
day period (c) the interested party
than the registered owner thereof (d) No should file a petition
pe in court for the
C

because prescription for the acquisition of cancellation

i of the adverse claim (d) it is
title is never presumed. necessary to await the final outcome of the
case.
141 144

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1st ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

„ (a) The appeal should be denied because Gan

„ Reconstitution denotes reconstruction of a
being an alien is disqualified from owning land
lost or destroyed original certificate of title.
in the country (b) Reconstitution should be
The term “any other document” as a source
ordered because a Torrens title, as a rule, is
of reconstitution may include (a) an order of
irrevocable and indefeasible (c) The appeal
the court for the issuance of the decree (b) an
should be dismissed since petitioner has lost
approved survey plan and technical
his right to the land on the ground of laches
description of the land (c) a certification by
(d) Reconstitution should be ordered because a
the LRA that a decree of registration was in
Torrens title cannot be collaterally attacked.
fact issued (d) none of the above.

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145 148
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„ Reconstitutionn denotes
deno reconstruction of a „ Pe
Petitioner Gan Tan, a Chinese citizen, lost
his Torrens title when his house was burned
lost or destroyed
troyed ooriginal certificate of title.
es
in 1995. He filed a petition for
The term
erm “any other document” as a source reconstitution in 2004. The court denied the
bl

of reconstitution
constit may include (a) an order of petition on the basis of a BID certification
the courtt for the issuance of the decree (b) an submitted by the OSG thatt ppetitioner is a
Chinese, hence his title iss null and void. In
o

approved survey plan and technical

case Gan appeals, how should
s the case be
description of the land (c) a certification n by resolved?
the LRA that a decree of registration was inn
fact issued (d) none of the above.
h

146 149
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„ Petitioner Gan Tan, a Chinese citizen, lost „ (a) The appeal should be denied d becaus
because Gan
C

his Torrens title when his house was burned being an alien is disqualifiedd from owning
ow land
in 1995. He filed a petition for in the country (b) Reconstitution
nstitution should be
reconstitution in 2004. The court denied the ordered because a Torrens title, as a rule, is
rens title
petition on the basis of a BID certification irrevocable and indefeasibleib (c) The appeal
efeasible
submitted by the OSG that petitioner is a
Chinese, hence his title is null and void. In should be dismissed
ssed since
sinc petitioner has lost
case Gan appeals, how should the case be his right to the
he land oon the ground of laches
h

resolved? (d) Reconstitution

nstitution should be ordered because a
Torrens title
itle cannot
can be collaterally attacked.
C

147 150

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„ Pedro files a petition for administrative
reconstitution but it appears from official
records that the subject property is already
covered by an existing Torrens title in the
name of Lim. Investigation disclosed that
Lim is a Chinese, hence his title is
obviously void. What are the options open
to the LRA?
„ (a) The LRA should order outright the
cancellation of Lim’s title and proceed to act
on Pedro’s petition for reconstitution (b) The
LRA should dismiss Pedro’s petition pending
the filing by the OSG or the competing
claimant of an action before the RTC for the
cancellation of Lim’s title (c) The LRA
should elevate the matter to the Secretary of
Justice for advisory opinion (d) The LRA
should defer action on Pedro’s petition

r
pending the results of the action to determine
the validity of Lim’s title
151 154
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„ OCT No. 38621 was decreed in the name of

„ (a) The LRA should
hould or
order outright the
““Pedro Valdez, married to Lita Marquez”.
cancellationn of Lim’s
Lim’ title and proceed to act
es
Because of the loss of the original copy of the
o’s petition
on Pedro’s petitio for reconstitution (b) The title, Pedro petitioned the court for reconstitution.
d
LRA should dismiss Pedro’s petition pending
bl

During the pendency of the case, Lita died.

ing by the OSG or the competing
the filing Assuming that the petition is sub
substantiated, what
claimant of an action before the RTC for the
o

action should the court take?? The ccourt should

cancellation of Lim’s title (c) The LRA nstitution:
s ti
issue an order of reconstitution: ( in the name of
(a)
should elevate the matter to the Secretary y off “Pedro Valdez, widower”
wer”” (b)) in the name of
we
Justice for advisory opinion (d) The LRA “Pedro Valdez, marmarried to
t Lita Marquez,
tition
i on
should defer action on Pedro’s petition n deceased” (c) in the nname
na of “Pedro Valdez,
on to determine
pending the results of the action dete
d Mar
married to Lita Marquez” (d) in the name of
the validity of Lim’s title “Pedro Valdez”.
152 155
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„ OCT No. 38621 was decreed in the he name of

Pedro files a petition for administrative
C

„
“Pedro Valdez, married to Litaa Marquez”.
Marqu
reconstitution but it appears from official
records that the subject property is already Because of the loss of the original copy of the
covered by an existing Torrens title in the he court for
title, Pedro petitioned the fo reconstitution.
name of Lim. Investigation disclosed that During the pendency of the h ca
case, Lita died.
Lim is a Chinese, hence his title is Assuming that thee petition is substantiated, what
obviously void. What are the options open he court take?
action should the t The court should
to the LRA? der of reco
issue an order reconstitution: (a) in the name of
“Pedro Valdez, widower” (b) in the name of
“Pedro Valdez, married to Lita Marquez,
deceased” (c) in the name of “Pedro Valdez,
married to Lita Marquez” (d) in the name of
“Pedro Valdez”.
153 156

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1st ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

„ Is the purchase by a Dutch national of a

„ If the Register of Deeds is unsure whether or
not an instrument affecting registered land is
registrable, what should he do? (a) He should
return the document to the registrant for the
reformation of the instrument (b) He should
ask the registrant to elevate the matter to the
LRA for the resolution of the issue via en
consulta (c) He should himself refer the
matter to the LRA for the determination of
the issue (d) He should advise the registrant
to file an adverse claim in the meantime
residential unit in a townhouse project constituted
under the Condominium Act valid? (a) No
because aliens, whether individuals or
corporations, are disqualified from acquiring
public lands, hence, they are also disqualified
from acquiring private lands (b) Yes because for
as long as 60% of the members of the
condominium corporation are Filipinos, the
remaining members can be foreigners (c) Yes
because the unit owner is simply a member of the

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condominium corporation and the land remains
pending further study and determination of owned by the condominium corporation (d) (b)
the issue. and (c).
157 160
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„ If the Register of Deeds is unsure whether or

not an instrument
ment affecting
a registered land is
registrable,
e, what sshould he do? (a) He should
„ The owner or dealer who has been issued a
es
return document to the registrant for the
n the docum registration certificate is not authorized to
rmation oof the instrument (b) He should
reformation sell any subdivision lot or condominium
bl

he registrant
ask the reg to elevate the matter to the unit in the registered project unless he shall
LRA for the resolution of the issue via en nse to sell the
have first obtained a license
o

consulta (c) He should himself refer the project. What is the conseque
cconsequence
s of the
R

matter to the LRA for the determination of ense

absence of the licenses to sell?
s
n

the issue (d) He should advise the registrant

istrant
nt
to file an adverse claim in the meantime
a time
tim
m
pending further study and determination
naatio of
ermin
the issue.
158 161
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„ Is the purchase by a Dutch national of a

residential unit in a townhouse project constituted „ (a) The absence of a license to sell renrenders
C

under the Condominium Act valid? (a) No the sale null and void (b) The he abse
absence of a
because aliens, whether individuals or
license to sell does not affect the validity of
corporations, are disqualified from acquiring
ner or dealer
the contract if the owner de should
public lands, hence, they are also disqualified
curee a llicense to validate
should thereafter secure
from acquiring private lands (b) Yes because for
the sale (c) The absence of a license to sell
as long as 60% of the members of the
condomin
subjects the condominium developer and its
condominium corporation are Filipinos, the
remaining members can be foreigners (c) Yes
ivilly and criminally liable for the
officers civilly
because the unit owner is simply a member of the
Th absence of a license to sell
violation (d) The
condominium corporation and the land remains allows the vendee to rescind the contract with
owned by the condominium corporation (d) (b) right to damages.
and (c).
159 162

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1st ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

„ (a) The absence of a license to sell renders

„ The owner or dealer who has been issued a
registration certificate is not authorized to
sell any subdivision lot or condominium
unit in the registered project unless he shall
have first obtained a license to sell the
project. What is the consequence of the
absence of the license to sell?
the sale null and void (b) The absence of a
license to sell does not affect the validity of
the contract if the owner or dealer should
should thereafter secure a license to validate
the sale (c) The absence of a license to sell
subjects the condominium developer and its
officers civilly and criminally liable for the
violation (d) The absence of a license to sell
allows the vendee to rescind the contract with

r
right to damages.

163 166
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„ Iff only a portion of the land covered by a
R

certi
certificate of title is conveyed by the owner, and
„ (a) The absence ce of a license
li to sell renders th
the deed of conveyance is presented for
the sale nulll and void
voi (b) The absence of a inscription, what action should the Register of
es
doe not affect the validity of
license to sell does Deeds take? (a) He shall annotate the deed by
way of memorandum on the grantor’s certificate
ntract if the owner or dealer should
the contract
bl

of title, original and duplicate, to serve as a

shouldd thereafter
there secure a license to validate notice to third persons (b) He shall not enter any
the sale (c) The absence of a license to sell antee uuntil a plan of
transfer certificate to the grantee
o

subjects the condominium developer and its o

the land showing all the portions or lots into
bdivided
d
which it has been subdivided e shall
sh have been
officers civilly and criminally liable for the verified and approved ed
d (c)
c He
H shall issue a new
violation (d) The absence of a licensee to sell l certificate of title to thee grantee
gr for the portion
ontract
ontra
allows the vendee to rescind the contract ra wwith conveyed and at the ssame cancel the grantor’s
right to damages. rtially w
certificate partially with respect only to the
nveyed as
portion conveyed a described in the deed of
ance (d) ((a) and (b).
conveyance
164 167
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„ If only a portion of the land covered ed by a
h

certificate of title is conveyed by y the own

owner, and
C

the deed of conveyance is presentedsented for

„ The owner or dealer who has been issued a inscription, what action should uld the Register
R of
registration certificate is not authorized to Deeds take? (a) He shalll annotate the deed by
way of memorandum on the grantor’sgra certificate
sell any subdivision lot or condominium uplicat
pl cat to serve as a
of title, original and duplicate,
unit in the registered project unless he shall notice to third personsons (b)
b) He shall not enter any
have first obtained a license to sell the transfer certificatee to the grantee until a plan of
wing all the
the land showing th portions or lots into
project. What is the consequence of the which it hasas been susubdivided shall have been
absence of the license to sell? verified and appr
approved (c) He shall issue a new
te of title
certificate ti to the grantee for the portion
conveyed and at the same cancel the grantor’s
certificate partially with respect only to the
portion conveyed as described in the deed of
conveyance (d) (a) and (b).
165 168

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1st ChanRobles Internet Bar Review : ChanRobles Professional Review, Inc.

„ Pedro decides to sell his property to Jose only to

discover the loss of his owner's duplicate
certificate of title covering the same. What initial
recourse should Pedro take? (a) Report the fact of
loss to the police and then file a petition for
replacement of the lost title before the court (b)
Send a notice under oath to the Register of Deeds
of the province or city where the land lies as soon
as the loss is discovered (c) Promptly file with the
proper court a verified petition for replacement of
the lost title (d) Proceed with the documentation
„ Is the opposition tenable? (a) Yes because
aliens are disqualified from acquiring lands in
the Philippines (b) Yes because even privately
owned unregistered lands are presumed to be
public lands under the principle that land of
whatever classification belong to the State
under the Regalian doctrine (c) No because the
land at the time of its acquisition by Pedro is
deemed already a private land (d) Yes because

r
ment
of the sale and then file a petition for replacement industrial lands may only be leased to aliens.
of the lost title.
169 172
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„ Pedro decides to sell his property

pr to Jose only to
discover the lossss of his
h owner's duplicate „ In 1995, Pedro, a natural born Filipino,
certificate of title co
covering the same. What initial bought an agricultural land from Jose who
es
recoursese should Pedro
P take? (a) Report the fact of has been in possession thereof as owner since
loss too the pol
police and then file a petition for 1942. Pedro migrated to Canada where he
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replacement
cemen of the lost title before the court (b) acquired Canadian citizenship. He came back
Send a notice under oath to the Register of Deeds to the Philippines in 2010 and applied
a for the
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of the province or city where the land lies as soonn registration of the land which
w is now
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as the loss is discovered (c) Promptly file with ith the

h industrial in character.
cter.
er Theh government
proper court a verified petition for replacementment of
o opposed allegingg tthatt ssin
since Pedro is now an
the lost title (d) Proceed with the documentation
umentatio
mene alien he is nott qualified
qualif
i to apply for
of the sale and then file a petition for replacement
reppla registration.
of the lost title.
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„ In 1995, Pedro, a natural born Filipino, „ Is the opposition tenable? (a)) Yes because
bec
bought an agricultural land from Jose who aliens are disqualified fromom acquiring
acquir lands in
has been in possession thereof as owner since the Philippines (b) Yess because even privately
1942. Pedro migrated to Canada where he owned unregisteredd lands d are
nds aar presumed to be
acquired Canadian citizenship. He came back public lands under er the principle
p that land of
to the Philippines in 2010 and applied for the
whatever classification
sificatio belong to the State
registration of the land which is now
industrial in character. The government under the Regalian doctrine (c) No because the
opposed alleging that since Pedro is now an land at the
he time of its acquisition by Pedro is
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alien he is not qualified to apply for deemed already

alrea a private land (d) Yes because
registration. industrial lands may only be leased to aliens.

171 174

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„ Titles generated pursuant to the agrarian

reform program form an integral part of the
system of property registration and
ownership. Who has jurisdiction over cases
involving the cancellation of registered
emancipation patents (EPs), certificates of
land ownership award (CLOAs), and other
titles issued under the agrarian reform
program? (a) The Secretary of Agrarian
Reform (b) The Department of Agrarian
Reform Adjudication Board (DARAB) (c)
„ (a) No, he must file a separate petition in
court to compel surrender of the same to the
Register of Deeds (b) Yes, this being a
necessary incident in the main case (c) No,
the rule being that an action to compel the
surrender of the owner's duplicate certificate
of title to the Register of Deeds could only be
filed with the RTC sitting as a land
registration court if there is unanimity among
the parties, otherwise, it should be threshed

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The ordinary courts of justice (d) The RTC out in an ordinary action (d) Yes to avoid
acting as a Special Agrarian Court (SAC).
AC)
C).
C)) multiplicity of suits.

175 178
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„ Titles generatedd pursuant

pursuan to the agrarian
reform program am form an integral part of the
system of property
pr perty registration and „ In an action for specific performance, the court
es
ownership.
ship. Who has jurisdiction over cases upheld the sale of the property to the plaintiff
involving
lving the cancellation of registered and ordered the defendant vendor to comply
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emancipation
ncipati patents (EPs), certificates of with the terms and conditions of the contract.
land ownership award (CLOAs), and other Can plaintiff, in the same case, ask the court to
ase, as
o

titles issued under the agrarian reform compel defendant to surrender n tthe duplicate
program? (a) The Secretary of Agrarian
certificate of title to the
h RRegister
Regg of Deeds for
Reform (b) The Department of Agrarian an
n

Reform Adjudication Board (DARAB) AB) (c)

AB the registration off the sale?
a
ale
The ordinary courts of justice (d) The
d) The
h RRTC
acting as a Special Agrarian C t ((SAC).
n Court (S
176 179
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„ (a) No, he must file a separatee petition

petitio in
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„ In an action for specific performance, the court court to compel surrender of the samesa to the
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upheld the sale of the property to the plaintiff Register of Deeds (b) Yes, this being a
necessary incident inn thee main
mai
m case (c) No,
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and ordered the defendant vendor to comply

with the terms and conditions of the contract. the rule being that an action
ac
act
c o to compel the
n

Can plaintiff, in the same case, ask the court to surrender of the owner
owner's duplicate certificate
of title to thee Register
Registe of Deeds could only be
compel defendant to surrender the duplicate filed withh the RTC sitting as a land
certificate of title to the Register of Deeds for tion cou
registration court if there is unanimity among
the registration of the sale? the parties,
es ootherwise, it should be threshed
out in an ordinary action (d) Yes to avoid
multiplicity of suits.

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„ Pedro filed a complaint for specific
performance against Jose to compel the latter
to comply with his contractual obligation to
sell to the former the subject property. The
court ruled in favor of Pedro and directed Jose
to surrender his owner’s duplicate certificate of
title to the Register of Deeds for cancellation
and issuance of a new title to Pedro. Mario, a
mortgagee, intervened and objected, alleging
that the issuance of title to Pedro will
substantially impair his rights and interests ass a
„ (a) Yes because the mortgage directly and
immediately subjects the mortgaged property
to the fulfillment of Jose’s loan obligation to
Mario (b) No since any lien annotated on
Jose’s certificate of title shall be carried over
to the new transfer certificate of title of Pedro
(c) No because all subsequent purchasers, like
Pedro, must respect the existing mortgage on
the property until fully discharged (d) Yes
because the issuance of title to Pedro raises

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imminent questions on the validity of the
mortgagee. Is Mario’s objection valid? mortgage to the prejudice of Mario.

181 184
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„ (a) Yes because the he mortgage

mort directly and
immediately subjects the mortgaged property „ To secure
s a loan, Pedro mortgaged his titled
to the fulfillment
llment oof Jose’s loan obligation to property to the bank. The mortgage was annotated
es
Mario (b) No sinsince any lien annotated on on the title. Subsequently, Jose, claiming prior
Jose’ss certificate
certific of title shall be carried over right of ownership, brought suit in the RTC to
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to thee new transfer certificate of title of Pedro quiet title and to nullify Pedro’s title. A notice of
lis pendens was annotated onn Pedro’s
Pedro title. For
o

(c) No because all subsequent purchasers, like ke

failure of Pedro to pay his loan,o theth bank
Pedro, must respect the existing mortgage on
foreclosed and was thee ssucces
successful
c es f bidder at
the property until fully discharged (d) Yes
auction. Meantime, the RTC T rendered judgment
because the issuance of title to Pedro raises
raaises
nullifying Pedro’s’s titlee as well as the mortgage to
imminent questions on the validityy of the
the bank. The bank claims
cla
l that it is a mortgagee
mortgage to the prejudice of Mario
M . and buyer in good ffaith. Is the bank correct?
182 185
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„ Pedro filed a complaint for specific

(a) No because the bank is a transferee
transfere
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„
performance against Jose to compel the latter
to comply with his contractual obligation to pendente lite, hence the mortgage
ortgage was
sell to the former the subject property. The subject to the results of the pending
pen litigation
court ruled in favor of Pedro and directed Jose (b) No because no valid idd lien
alid lie can arise from a
to surrender his owner’s duplicate certificate of void title (c) Yess becaus
because any subsequent
title to the Register of Deeds for cancellation lien or encumbrance
brance aannotated at the back of
and issuance of a new title to Pedro. Mario, a the title cannot affe
affect the mortgage
mortgagee, intervened and objected, alleging previously
sly registered
regis (d) No because Pedro’s
that the issuance of title to Pedro will
title was declared
decl void, and the mortgage,
substantially impair his rights and interests as a
mortgagee. Is Mario’s objection valid? being but an accessory contract, is also void.

183 186

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„ To secure a loan, Pedro mortgaged his titled

property to the bank. The mortgage was annotated
on the title. Subsequently, Jose, claiming prior
right of ownership, brought suit in the RTC to
quiet title and to nullify Pedro’s title. A notice of
lis pendens was annotated on Pedro’s title. For
failure of Pedro to pay his loan, the bank
foreclosed and was the successful bidder at
auction. Meantime, the RTC rendered judgment
nullifying Pedro’s title as well as the mortgage to

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the bank. The bank claims that it is a mortgagee g
gee
and buyer in good faith. Is the bank correct? t??
187
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„ (a) No because
pendente lite
se the bank
lite, hence
b is a transferee
henc the mortgage was
Ba
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subject
ct to the results
re of the pending litigation
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(b) No because
becau no valid lien can arise from a
void title (c) Yes because any subsequent
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lien or encumbrance annotated at the back off

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the title cannot affect the mortgage
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previously registered (d) No because Pedro’s

title was declared void, and the mortgage, tg
tga
tgage,
o
Ba
es
being but an accessory contract, t, iss aalso void.
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