TORRENS TITLE: a title of ownership only

 Was designed to protect the owners after the laps of twenty (20)
of the land. years of uninterrupted
 The real purpose of the Torrens possession which must be
system is to quiet title to land and to actual, public, and adverse,
stop forever any question as to its from the date of its
legality. (Legarda v. Saleeby) inscription.
 Once a title is registered, the owner : possessory information
may rest secure, without the title had to be perfected
necessity of waiting in the portals of one year after the
the court, or sitting in the ‘mirador de promulgation of the Maura
sucasa’ to avoid the possibility of Law, otherwise, the lands
losing his land. would revert to the state.

“Registration is not the equivalent of title, VARIOUS FORMS OF OWNERSHIP

but is only the best evidence thereof. UNDER SPANISH REGIME:
Title as a concept of ownership should a. Titulo real or royal grant;
not be confused with the certificate of b. Concesion especial or special grant;
title as evidence of such ownership c. Composicion con el estado or
although both are interchangeable.” adjustment title
SPANISH TITLES: d. Titulo de compra or title by purchase;
e. Informacion posesoria or possessory
 Regalian Doctrine information title.
 Ownership of all lands, territories
and possessions in the PD NO. 892: the system of registration
Philippines passed to the Spanish under the Spanish Mortgage Law was
Crown. abolished and all holders of Spanish titles or
grants should cause their lands covered
LAWS OF THE INDIES AND THE thereby to be registered under the Land
ROYAL CEDULAS: laid the Registration Act withing six (6) months
foundation that all lands that were from the date of effectivity of the said
not acquired from the Decree.
Government, either by purchase : non-compliance therewith will result in a re-
or by grant, belong to the public classification of their lands. Spanish titles
domain. can no longer be countenanced as
indubitable evidence of land ownership.
LEY HIPOTECARIA/
MORTGAGE LAW OF 1893 PROTECTION GIVEN TO THE TORRENS
o Provide for the systematic CERTIFICATE OF TITLE TO LAND.
registration of titles and
deeds as well as The holder of a Torrens title are entitled to
possessory claims. protections under:
THE ROYAL DECREE OF 1894 a. The Property Registration Decree
OR THE MAURA LAW: b. The Civil Code of the Philippines
 Amended the Spanish
Mortgage Law and the I. THE PROPERTY REGISTRATION
Laws of the Indies. DECREE
1) CURTAIN PRINCIPLE: The
 Established possessory
general rule is that a person
information as the method
dealing with registered land is
of legalizing possession
not required to go behind the
vacant Crown land.
register to determine the
SEC. 393: possessory
condition of the property.
information title, converted
 The reason is that in the case, LACHES: the failure or
such person is charged with neglect, for an unreasonable
notice of the burden on the and unexplained length of time
property which is noted on the to do that which by exercising
face of the register or due diligence could or should
certificate of title. (Sps. Jesus have been done earlier, it is
Ching and Lee Poe Tin. V. negligence or omission to
Sps. Adolfo and Arsenia assert a right within a
Enrile) reasonable time, warranting a
: dispenses with the need of presumption that the party
proving ownership by long entitled to assert it either has
complicated documents kept abandoned it or declined to
by the Registered owner, assert it.
which may be necessary under
4 ELEMENTS OF LACHES:
a private conveyacing system,
and assures that all the i. Conduct on the part of the
necessary information defendant, or of one under
regarding ownership is on the whom he claims, giving rise
COT. to the situation of which
: The objective of the Torrens complaint is made for which
System is to obviate possible complaint seeks a remedy;
conflicts of title by giving the ii. Delaying in asserting the
public the right to rely upon the complainant’s rights, the
face of the Torrens Certificate complainant having had
and, as a rule, to dispense with knowledge or notice, of the
necessity of inquiring further. defendant’s conduct and
having been afforded an
EXCEPTIONS:
opportunity to institute a suit.;
a. when the party has actual
iii. Lack of knowledge or notice
knowledge of facts and
on the part of the defendant
circumstances that would
that the complainant would
impel a reasonably cautious
assert the right on which he
man to make such inquiry; or
bases his suit; and
b. when the purchaser has
iv. Injury or prejudice to the
knowledge of a defect or the
defendant in the event relief
lack of title in his vendor.
is accorded to the
complainant, or the suit is not
2) SEC. 47 PD NO. 1529
held to be barred.
GEN. RULE: no title to registered
LACHES V. PRESCRIPTION
land in derogation of the title of the
registered owner shall be acquired by LACHES PRESCRIPTION
prescription or adverse possession.
Deals with the Deals with delay
effect of delay itself
“The right to recover possession of
Asked the Issue of how much
registered land is imprescriptible
question time has passed
because possession is a mere whether the
consequence of ownership.” (Umbay delay has
v. Placido Alecha) changed “the
EXCEPTION: condition of the
property or the
a. THE PRINCIPLE OF LACHES
relation of the
parties.”
No longer Time period is fixed
 equitable to by law and thus challenge the judgment pursuant to
insist on the which the title was decreed.
original right. :when the object of an action or proceeding
Question of Matter of time is to annul or set aside such judgment or
inequity enjoin its enforcement.
INDIRECT OR COLLATERAL ATTACK: in
THE PRINCIPLE OF LACHES; ANALYSIS an action to obtain a different relief, an
OF THE DECISIONS attack on the judgment is nevertheless
: If laches has begun to set in, then the made as an incident thereof.
deleterious effects of prescription may begin TITLE V. OWNERSHIP
and—in effect—be enforced against the TITLE OWNERSHIP
rightful owner. The document Represented by the
ESTOPPEL BY LACHES AGAINST THE issued by the document.
Register of deeds
GOVERNMENT: the doctrine of estoppel
Evidence of Title as a concept of
cannot be enforced against the government.
ownership ownership
: the state as a persona in law is the judicial
Cannot always be
entity which is the source of any asserted considered as
right to ownership in land conclusive evidence
WHEN CAN THE GOVERNMENT BE of ownership.
ESTOPPED: where innocent third persons,
relying on the correctness of the certificate ALLOWED DIRECT ATTACKS:
of title, acquire rights over the property, a. Action for reconveyance
courts cannot disregard such rights and b. Quieting of title
order the cancellation of certificate. c. Action to prevent clouds on
: The government must not be allowed to title
deal dishonorably or capriciously with its d. Petition for reopening or
citizens, and must not play an ignoble part review of the decree of
or do a shabby thing; and subject to registration (Sec. 32, PD No.
limitations, 1529)
: the doctrine of equitable estoppel may be e. Complaint for annulment of
invoked against public authorities as well as Title obtained via patent
against private individuals. f. injunction
4) SEC. 52 PD 1529
PRESCRIPTION ON SPANISH TITLES: CONSTRUCTIVE NOTICE: a
Spanish titles are quite dissimilar to legal fiction used in the law of
administrative and judicial titles under the both common law and civil law
present system. systems to signify that a
: Spanish titles may be lost thru prescription. person or entity is legally
They are neither infeasible or presumed to have knowledge
imprescriptible. of something, even if they
: ordinary prescription of ten years may take have no actual knowledge of
place against a title recorded; extraordinary it.
prescription of thirty years will run, even SEC. 52: every conveyance,
without need of title or good faith. mortgage, lien, attachment,
3) SEC. 48 PD 1529: Certificate order, judgement, instrument
not subject to collateral attack. or entity affecting registered
ATTACK: as a proceeding seeking any of land.
the following against the OCT/TCT: : Sec. 52 gives protection to
a. Alteration the Torrens title.
b. Modification or cancellation : If there are two transactions,
DIRECT ATTACK: it is when the object of the registered transaction
the action or proceeding is to nullify the title, prevails.
 : failure to register with the
Registry of Deeds negated any
priority which he may have
acquired by virtue of the earlier
sale.
: the act of registration which
gives validity to transfer or
liens created upon registered
under the Torrens System.
: the unregistered land
negates the right of the
petitioner. Registration is a
mandatory procedure to create
lien on the land.
: dissolution of the
attachment/levy destroys the
attachment to the property.
The property attached is an
indebted thing and a virtu
condemnation of it to pay the
owner’s debt. The lien
continues until the debt is paid.
II. THE CIVIL CODE OF THE
PHILIPPINES
1) ART. 1544
RULES:
1. Person acquiring it
who first recorded the
registry
2. If there are two
purchases, the
property will belong to
the person who first
recorded in in the
registry of deeds in
good faith.
3. If there is no entry in
the registry of deeds,
it will belong to a
person who first have
the possession. (must
be acquired in good
faith)
4. In the absence
thereof, the person
who presents the
oldest title,
PROVIDED it is done
in good faith.
REGISTRATION: must be
understood as the entry made in a
book or public registry of deeds.
: an entry made in the books of
registry including both registration
in its ordinary and strict sense,
and cancellation, annotation and
even marginal notes
PRINCIPLE OF PRIMUS
TEMPORE, POTIOR JURE: the
person who first Registered the
parcel of land shall be entitled to
its ownership.
HOW TO BE DEFEATED:
knowledge of the first buyer is
defeated upon the registration of
the second buyer
HOW TO EXERCISE GOOD
FAITH
a. The registrant has no
knowledge of the defect of
the title. All efforts has
been exhausted to know
the condition of land and
title.
b. The buyer must be wary
and should investigate the
right of those in
possession.
c. When a man proposes to
buy or deal with realty, his
duty is to read the public
manuscript, that is, to look
and see who is there upon
it and what his rights are.
d. The purchaser is required
to go beyond the certificate
of title to make inquiries
concerning the rights of the
actual possessor.
PURCHASER IN GOOD FAITH:
one who buys property of another,
without notice that some other
person has right to, or interest in,
such property and pays a full and
fair price for the same, at the time
of such purchase, or before he
has notice of the claim or interest
of some other persons in the
property.
 EXCEPTION TO THE RULE:
(1) If the buyer has knowledge it is
a registration in good faith.

2) MIRROR PRINCIPLE
3) RULES GOVERNING
BUILDERS, PLANTERS,
SOWERS ON THE LAND OF
ANOTHER
4) PROVISIONS ON LEASE