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SAN BEDA UNIVERSITY

College of Law
COURSE SYLLABUS

COURSE CODE:
COURSE TITLE: LAND TITLE AND DEEDS
COURSE CREDIT: 2 UNITS
COURSE PREREQUISITE/S:
FACULTY: ROWELL D. ILAGAN
EMAIL ADDRESS: rilagan@sanbeda.edu.ph
TERM/ACADEMIC YEAR: FIRST SEMESTER SCHOOL YEAR 2022-2023
DAY/TIME/ROOM/SECTION:
COURSE DELIVERY MODE: FULL ONLINE
CONSULTATION DAY/TIME:

COURSE DESCRIPTION

This course deals with the laws on land, titles, and deeds including the laws that govern
land registration in the Philippines. The course will relate land registration laws with pertinent
provisions of the Civil Code and Special Laws.

COURSE GOALS: Expected College of Law Graduate Attributes (ELGAs)

Know and understand the laws, memorize provisions critical and analytical
thinking, effective in written and oral communication, logical reasoning, and
sound judgment, exercise of proper professional and ethical responsibilities

LEARNING OBJECTIVES/OUTCOMES (LOs):

1. Knowledge/Remembering: define, list, recognize


2. Comprehension/Understanding: describe, explain, identify, recognize
3. Application/Applying: choose, demonstrate, implement, perform
4. Analysis/Analyzing: analyze, categorize, compare, differentiate
5. Evaluation/Evaluating: assess, critique, evaluate, rank, rate
6. Synthesis/Creating: construct, design, formulate, organize, synthesize

Upon completion of the Course Title course, the student is expected to be able to:

Expected College of
Law Graduate LEARNING OUTCOMES (LOs)
Attributes (ELGAs)

Critical and LO1. Explain how law is created and enforced by executive,
analytical thinking legislative, and regulatory bodies during class recitation and
discussion.
Effective in written
and oral LO2. Analyze the practical and policy implications of current

1
communication and proposed statutes, regulations, judicial rulings, legal
arguments, and strategies in preparing a Legal Case.
Logical reasoning
LO3. Assess client concerns and translating them into
Sound judgment responsive legal arguments and strategies.
Exercise of proper LO4. Utilize legal research tools to gather information that
professional and aids in the analysis of legal issues in submitting the Research
ethical Paper.
responsibilities

ASSESSMENT/GRADING SYSTEM:

The student will be graded according to the following:

Percentage
Scope of (Weight is
Requirements (Based on the Learning Outcomes) Work based on the
(Individual) importance of
the LO)
LO1 Class recitations, Quizzes, Case Digests, Individual
LO2 and discussion Individual
LO3 Individual
LO4 - - Research Paper, Case Study

Class standing before Midterms Individual 16.67%


Midterm Exams Individual 16.67%
Class Standing after Midterms Individual 33.33%
Final Exams Individual 33.33%
TOTAL 100

LEARNING PLAN:

Design or the structure of the course that includes content/topics to be covered;


learning resources to be used; weekly schedule of the topics to be taken up; and the
learning methods to be utilized that are most likely to lead students towards the
goals and learning outcomes that were defined.

WEEK/
LEARNING
LEARNING DATE
METHODS
TOPIC/CONTENT RESOURCES (Schedule
(activities designed
(arrangement or sequence of (print and non- of each
or deployed by the
the major topics is based on a print materials Topic,
teacher to bring
logical order) and online/ Assign,
about, or create the
open-access Exam for
conditions for
resources) the entire
learning)
semester)

Course Introduction
 Course overview Syllabus August 1- Lecture
 Course assignments 5, 2022 Discussion
 Course requirements

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learning)
semester)

Module 1:

I. NATURE OF  Syllabus August 8-  Recitation


REGISTRATION  Textbooks 26, 2022  Case study &
PROCEEDINGS AND  Supreme Court reporting
JURISDICTION OF Decisions  Discussion/lecture
COURTS (SCRA)  Quiz

1. Concept of Regalian
Doctrine

a. Cruz v. Secretary of
Environment and Natural
Resources, G.R. No.
135383, 6 December 2000

b. Secretary of DENR v.
Yap, G.R. No. 167707, 8
October 2008

2. Torrens System of
Registration

a. Nature and Purpose of


the Torrens System

b. Background and
advantages of the
Torrens system

3. A view of the past


and present legislation
on land registration

a. The Public Land Act


(CA No. 141)
b. The Land
Registration Act (Act No.
496)
c. The Cadastral Act
(Act No. 2259)
d. The Property
Registration Decree (P.D.

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resources) the entire
learning)
semester)
1529)
e. Indigenous Peoples
Rights Act (RA No. 8371)

4. Regional Trial
Courts have exclusive
jurisdiction over land
registration cases
a. Jurisdiction in civil
cases involving title to
property
b. Distinction between
the court’s general and
limited jurisdiction
1. Junio v. De los Santos,
G.R. No. L-35744, 28
September 1984
2. Arceo v. Court of
Appeals, G. R. No. 81401, 18
May 1990
c. Delegated
jurisdiction of inferior
courts in cadastral and
land registration cases

THE LAND
REGISTRATION
COMMISSION AND
REGISTRIES OF DEEDS

1. The Land
Registration Authority
a. Functions of the
Authority
b. Functions of the
Administrator

2. Office of the Register


of Deeds
a. The Registry of
Property
b. Effect of registration
c. General functions of
the Register of Deeds

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learning)
semester)

1. Office of the Register


of Deeds
2. Ministerial duties of
Register of Deeds

a. Baranda v. Gustilo,
G.R. No. 81153, 26
September 1988.
b. Almirol v. Register of
Deeds of Agusan, G.R. No.
L-22486, 20 March 1968.

3. Instances when
Register of Deeds may
deny registration

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semester)

Module 2:

III. MODES OF
REGISTERING LAND  Syllabus August 29  Recitation
TITLES  Textbooks -9  Case study &
 Supreme Court September reporting
1. Citizenship Decisions 2022  Discussion/lecture
requirement (SCRA)  Quiz
a. Krivenko Doctrine

a. Krivenko v.
Register of Deeds, G.R. No.
L-630, 15 November 1957.
b. Halili v. Court
of Appeals, G.R. No. 113539,

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12 March 1998.

b. Acquisition of
agricultural lands of the
public domain limited to
Filipino citizens
c. Aliens may lease
private land
a. Llantino v. Co
Liong Chong, G.R. No.
292663, 20 August 1990.
d. A corporation
sole may acquire and
register private
agricultural land
a. Roman Catholic
Apostolic Administrator of
Davao, Inc. v. Land
Registration Commission
e. Donation in favor
of a religious corporation
controlled by non-
Filipinos non registrable.
a. Register of
Deeds of Rizal v. Ung Sui Si
Temple, G.R. No. L-6776, 21
May
1955.
f. Land sold to an
alien which is now in the
hands of a Filipino may no
longer be annulled.
a. De Castro v.
Tan, G.R. No. L-31956, 30
April 1984.
b. Republic V.
Intermediate Appellate Court
and Gonzalves, G.R No.
74170, 18 July 1989.
g. Recover of land
sold to an alien
a. Rellosa v. Gaw
Chee Hun, G.R. No. L-1411,
29 September 1953.
b. Philippine

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Banking Corporation v. Lui
She, G.R. No. L-17587, 12
September 1967
h. Rights of former
natural-born Filipino
citizens to acquire lands
a. Article XII, Section
8 of the Constitution
b. Batas
Pambansa 185
c. Republic Act 7042,
as amended by Republic Act
8179

2. Classification of
Public Land
a. Classification of
public land is an executive
prerogative
b. Only alienable
lands of the public domain
may be the subject of
disposition
a. Chavez v. Public
Estates Authority, G.R. No.
133250, 9 July 2002.
b. Bureau of Forestry
v. Court of Appeals and
Gallo, G. R. No. L-37995, 31
August 1987.
c. Director of Lands
v. Court of Appeals and
Bisnar, G. R No. 83609, 26
October 1989.
c. “Public lands”
and “government land”
distinguished
a. Montano v. Insular
Government, G.R. No. 3714,
26 January 26, 1909.

3. Non-Registrable 
Properties
a. Property of public
domain

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1. Article 419, 420,
421 and 422, 423, 424, 425
of the Civil Code
2. Martinez v. Court
of Appeals, G.R. No. L-
31271, 29 April 1974.
3. Laurel v. Garcia,
G.R. No. 92013, 25 July
1990.
4. Republic v.
Alagad, G.R. No. 66807, 26
Januaryy 1989.
5. Section 60 of CA
No. 141
b. Forest Lands
1. Republic v. Court
of Appeals and Lastimado, G.
R. No. L-39473, 30 April
1979.
c. Watersheds
1. Tan v. Director of
Forestry
d. Mangrove
swamps
1. Director of
Forestry v. Villareal, G.R.
No. L-32266, 27 February
1989.
e. Mineral lands
1. Atok-Big Wedge
Mining Co. v. Court of
Appeals, G.R. No. 88883, 18
January 1991.
f. National Parks
1. Palomo v. Court of
Appeals, G. R. No. 95608, 21
January 1997.
g. Military or naval
reservation
1. Republic v.
Marcos, G.R. No. L-29675,
30 September 1969.
h. Foreshore ands
and reclaimed lands
1. Republic v. Alagad,

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G.R. No. 66807, 26 January
1989.
i. Lakes
j. Navigable rivers
k. Creeks
l. Reservation for  Recitation
public and semi-public  Case study &
purposes September reporting
12-16, 2022  Discussion/lecture
 Quiz
Module 3:

IV. JUDICIAL
CONFIRMATION OF
IMPERFECT OR
INCOMPLETE TITLES

a. Applicable Provisions
and Amendments
1. Section 47 and 48
of the Public Land Act
2. Republic Act No.
1942
3. Republic Act No.
3872
4. Presidential
Decree No. 1073
5. Republic Act No.
9176

b. Requisites for availment


of Chapter VIII of the
Public Land Act
a. Republic v.
Alconaba, G.R. No. 155012,
4 April 2004.

c. Compliance with all


requirements for a
government grant ipso
jure converts land to
private property
a. Oh Cho v. Director
of Lands, G.R. No. 48321, 31
August 1946.

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conditions for
resources) the entire
learning)
semester)

d. Land acquisition by
private corporations
a. Director of Lands
v. Intermediate Appellate
Court and Acme Plywood &
Veneer Co., Inc., G.R. No.
73002, 29 December 1986.
b. Natividad v. Court
of Appeals and Republic,
G.R. No. 88233, 4 October
1991.

e. Land declared public


land in a previous
registration case may be
the subject of judicial
confirmation

f. Decision of the cadastral


court declaring and as September
public land odes not 19- 30,
constitute res judicata 2022

g. Application must
conform to the
requirements of the
Property Registration
Decree

V. REGISTRATION
UNDER THE PROPERTY
REGISTRATION
DECREE

a. Who may apply


b. Section 14(2) authorizes
acquisition of ownership
by prescription
c. Acquisition of private
lands or abandoned river
beds by right of accession
or accretion
c. Acquisition of
ownership in any other

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resources) the entire
learning)
semester)
manner provided by for
law
a. International
Hardwood and Veneer Co. v.
University of the Philippines,
G.R. No. 521518, 13 August
1991.

VI. REGISTRATION
UNDER REPUBLIC ACT
NO. 11573

a. Who may apply


b. Requirements
c. Proof that the land is
Alienable and Disposable
d. Penalties

VII. REGISTRATION
UNDER THE
INDIGENOUS PEOPLES
RIGHTS ACT
October 3-
a. a. The Indigenous Peoples 7 2022
Rights Act
1. 1. Constitutional
provision
2. 2. Constitutionality of
IPRA
b. b. Modes of Acquisition
c. c. Resolution of conflicts
d. d. Ancestral Domains
Office
e. e. National Commission on
Indigenous People
f. f. Option to secure
certificate of title under the
Public Land Act or the
Property Registration
Decree

VIII. FORM AND


CONTENTS, DEALINGS
WITH LAND

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a. Section 15 of
PD 1529
1. Form and
contents of the application
b. Section 16 of
PD 1529
2. Non-resident
applicant
c. Section 17 of
PD 1529
1. What and where
to file
d. Section 18 of
PD 1529
1.
Application covering two
or more parcels
e. Section 19 of
PD 1529
1. Amendments
f. Section 20 of
PD 1529
1. When land
applied for borders on
road
g. Section 21 of
PD 1529
1. Requirement of
additional facts and
papers; ocular inspection
h. Section 22 of
PD 1529
1. Dealings with
land pending original
registration

VIII. IX. PUBLICATION,


OPPOSITION AND
DEFAULT
October
a. a. Section 23 of PD 1529 10-14, 2022
1. Notice of initial hearing,
publication etc.
b. b. Section 24 of PD 1529
1. Proof of publication and

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notice
c. c. Section 25 of PD 1529
1. Opposition to
application in ordinary
registration
d. d. Section 26 of PD 1529
1. Order of default; effect

X. HEARING,
JUDGMENT AND
DECREE OF
REGISTRATION

a. Section 27 of PD 1529 October


1. Speedy hearing; reference 17-21, 2022
to a referee

XI. SPECIFIC EVIDENCE


OF OWNERSHIP

a. a. Proof of ownership,
generally
b. b. Survey plan
c. c. Possession and
occupation
d. d. Tax Declaration; tax
receipts
e. e. Section 28 of PD 1529
(Partial Judgment)
f. f. Section 29 of PD 1529
(Judgment confirming
title)
g. g. Section 30 of PD 1529
(When judgment becomes
final) October
h. h. Section 31 of PD 1529
24-28, 2022
(Decree of registration)

Module 4:

XI. REMEDIES

a. a. Review of decree of
registration; Innocent

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purchaser for value
1. 1. New trial or
reconsideration
2. 2. Relief form judgment;
relief form denial
3. 3. Appeals
4. 4. Review of decree of
registration
5. 5. Reconveyance
6. 6. Action for damages
7. 7. Action for reversion
8. 8. Cancellation of title
9. 9.Recovery from the
Assurance Fund
10. Appeal from Judgment
10. 11. Rules of Procedure

Module 5:

XIII. XII. CADASTRAL


REGISTRATION
PROCEEDINGS

a. Order for Speedy October


Settlement and 31-
Adjudication; Survey; November
Notices 11 2022
1. Section 35 of PD
1529 (Cadastral Survey
Preparatory to filing a
petition)
b. Petition: Lot Numbers
1. Section 36 of PD
1529 (Petition for
registration)
c. Answer
1. Section 37 of PD
1529 (Answer to petition
in cadastral proceedings)
d. Hearing; Judgment;
Decree
1. Section 38 of PD
1529
a. Nature and

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purpose of cadastral
proceedings
b. Procedure
leading to the adjudication
of property through
cadastral proceedings
c. Actions
undertaken in cadastral
proceedings

Module 6:

XIII. CERTIFICATE OF
TITLE

a. Preparation of
decree and Certificate of
Title
b. Entry of Original
Certificate of Title
c. Owner’s
duplicate Certificate of
Title
d. Registration
Books
e. Transfer
Certificate of Title
f. Statutory liens
affecting title
g. Statement of
personal circumstances in
the certificate
h. General incidents
of registered land
i. Registered land
not subject to prescription
j. Certificate not
subject to collateral attack
k. Splitting or
consolidation of titles
l. Subdivision and
consolidation plans

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learning)
semester)

Module 7:

XIV. SUBSEQUENT
REGISTRATION

I. VOLUNTARY
DEALINGS WITH
REGISTERED LANDS

1. 1. Conveyance and other


dealings by registered
owners
a. a. Formal requirements
of contracts involving real
property
b. b. Act of registration is
the operative at to convey
or affect registered land
2. 2. Constructive notice
upon registration
3. 3. Presentation of owner’s
duplication upon entry of
new certificate
4. 4. Dealings less than
ownership, how registered
5. 5. Grantee’s name,
nationality, etc., to be
stated
6. 6. Primary Entry Book;
fees; certified copies November
14-25, 2022
A. CONVEYANCES AND
TRANSFERS

1. 1. Procedure in
registration of
conveyances
2. 2. Procedure where
conveyance involves
portion of land
3. 3. Carry cover of
encumbrances

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resources) the entire
learning)
semester)
B. MORTGAGES AND
LEASES

1. 1. Mortgage or lease of
registered lands
2. 2. Registration
3. 3. Discharge or
cancellation
4. 4. Foreclosure of Mortgage

C. POWER OF
ATTORNEY; TRUST

1. 1. Power of Attorney
2. 2. Trusts in registered land
3. 3. Trust with power of sale November
4. 4. Judicial appointment of 28-9
new trustee December
5. 5. Implied trust 2022

II. INVOLUNTARY
DEALINGS

1. Attachments
2. Adverse claim
3. Surrender of certificate
in involuntary dealings
4. Dissolution of
attachment
5. Registration of orders of
court
6. Enforcement of liens on
registered land
7. Application for new
certificate upon expiration
of redemption period
8. Notice of lis pendens
a. a. Nature and purpose of
lis pendens
b. b. When appropriate
c. c. Contents of notice
d. d. Principle of primus
tempore, potior jure;
e. e. Cary over of notice on
subsequent titles

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f. f. Cancellation of lis
pendens

Module 8:

XV. PETITIONS AND


ACTIONS AFTER
ORIGINAL
REGISTRATION

a. a. Surrender of withheld
duplicate certificates
b. b. Amendment and
alteration of certificates
c. c. Notice and replacement
of lost duplicate certificate
1. 1. Section 109 governs
replacement of lost
duplicate certificate
2. 2. Petition for
replacement
d. d. Reconstitution of lost or
destroyed original Torrens
title
1.
2. 1. Judicial reconstitution
under RA No. 26
a. a. Sources of
reconstitution

1. For original
certificates of title
3. F
or transfer certificates of
title
4. F
or liens and encumbrances
5. M
eaning of “any other
document”

2. Administrative
Reconstitution

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resources) the entire
learning)
semester)

1. Property Registration Decree and Related Laws: Land Titles and Deeds
By: Oswaldo D. Agcaoili
2. Laws and Jurisprudence on land registration, environment and natural resources
By: Marissa Galandines and Joseph Ferdinand Dechavez

POLICIES:

Policies and values that the teacher might want to communicate through the
syllabus concerning attendance, participation, academic integrity (e.g.
plagiarism, cheating, fabrication), missing assignments, missed exams, recording
classroom activities, online behavior during synchronous sessions, etc.

1. Attendance will be checked every meeting.


2. Students who are called to recite but absent shall get a grade of 60.
3. Students who missed a quiz will get a grade of 60.
4. Students are prohibited from recording the online class as this is a violation of
the Copyright of the Professor.

Prepared by:

Signature
Rowell D. Ilagan
Faculty, College of Law

Approved by:

Signature

20
Atty. Marciano G. Delson
Dean, College of Law

Date Prepared by the Faculty

21

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