III. LAND TITLES AND DEEDS Q: Can all agricultural land be disposed?
A: No. Only those which are alienable and disposable. To be
A. Torrens System; general principles
This is a system of registration by which the title recorded
becomes absolute, indefeasible and imprescriptible.
Nature of the Torrens system:
1.The Torrens system is judicial in character and not merely
administrative in character. The judicial proceeding for the
registration of land throughout the Philippines shall be in
rem and shall be based on generally accepted principles
of international law.
2.The Torrens system is not a mode to acquire title. It only
confirms and record title already existing and vested.
Registration
General Rule: Once the title is registered under the Torrens
system any claim and liens that arises prior to the issuance
of the certificate of title are cut of by such issuance.
Exception:
1.Claims that are noted in the certificate
2.Liens claims arising under the law which are not required
to be annotated.
Effects:
1.imprescriptibility: This means that the decree of
registration cannot be assailed, impugned
Exception
1.Previous title exist
2.Land not capable of registration
3.The acquisition of the certificate is fraudulent
Registered land not subject to acquisitive prescription
No title to the registered land in derogation to the title of
the registered owner may be acquired by prescription or
adverse possession.
Ex:
1.The owner of registered land may be an accion
publiciana even after ten years from the accrual of the
right of action ( Section 47)
2. Sale of the entire co-owner property by one co-owner
to MCIAA was unenforceable as to the heirs who did not
consent. MCIAA could not claim ownership by adverse
possession since property was covered by Torrens title.
3.Prescription as well as laches do not apply to registered
land ( do not state this sa bar )
Purpose of Torrens system
1. To encourage dealings and transaction in land
2. To lend stability and protection to registered
ownership.
*As a rule the person is only bound to notation in the real
title
B. Regalian Doctrine
All lands of public domain belong to the state which is
the source of any asserted right to the ownership of
land. Hence, all those lands which are not within private
ownership belongs to the state.
Q: What is needed to declassify a forest land into
alienable or disposable land for agricultural or other
purpose?
A:There must be a positive act on the part of the government
to declassify a forest land into alienable and disposable .
Absent any positive act The same remains to be a property
of the state.
able to know which lands are alienable and disposal, there
must be an express declaration on the part of the executive
or administrative proclamation by law or by an act of
congress.
Reversion in relation to the regalian doctrine:
1.The state has the right to recover the property fraudulently
acquired by private individuals.
2.This is instituted by the SOLGEN or other person acting in
his stead.
General Rule: The action for reversion is imprescriptible
against the state
Exception: The right of the state to recover may be barred
by estoppel and laches.
C. Original Registration
a. Who may apply
Section 14. Who may apply. The following persons may
file in the proper Court of First Instance an application for
registration of title to land, whether personally or through
their duly authorized representatives:
(1) Those who by themselves or through their
predecessors-in-interest have been in open,
continuous, exclusive and notorious
possession and occupation of alienable and
disposable lands of the public domain under a
bona fide claim of ownership since June 12,
1945, or earlier. ( OPCEN: Since June 12
1945 or earlier)
(2) Those who have acquired ownership of
private lands by prescription under the
provision of existing laws.( Acquired
ownership : Private land)-- * 10-30
*declaration of patrimonial
(3) Those who have acquired ownership of
private lands or abandoned river beds by right
of accession or accretion under the existing
laws.
(4) Those who have acquired ownership of land
in any other manner provided for by law.
Where the land is owned in common, all the co-owners
shall file the application jointly.
Where the land has been sold under pacto de retro, the
vendor a retro may file an application for the original
registration of the land, provided, however, that should
the period for redemption expire during the pendency of
the registration proceedings and ownership to the
property consolidated in the vendee a retro, the latter
shall be substituted for the applicant and may continue
the proceedings.
A trustee on behalf of his principal may apply for original
registration of any land held in trust by him, unless
prohibited by the instrument creating the trust
Differentiate Article 14 (1) and Article 14(2) of pd 1529
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1.Article 14(1): Those that have been in open,
continuous , notorious possession of alienable and
disposable land of public domain under a bona fide claim of
ownership since June 12 , 1945 or earlier ( Alienable and
disposable only at the time of registration)
That the land is alienable and disposable be sufficient as
proof that it is alienable and disposable. The CA however
cannot take judicial notice of identity and location the
applicant must prove it.

Requirements : Jurisdiction +Venue

1. That the land forms a part of the alienable and Venue: The case is to be filed in the court that has territorial
disposable land of public domain jurisdiction over the property or where the real property is
2. They by themselves or through their predecessors located
in interest have been in open, continuous, Jurisdiction
exclusive and notorious possession of the RTC : Exclusive original jurisdiction over all application
subject land under a bona fide claim of ownership original for the registration of title with the power to hear and
from June 12 1945 or earlier. determine question tat arises from the petition
Exception: Delegated jurisdiction to the MTC and METC and
2.Article 14(2): Those that acquire ownership of the land by the Supreme Court
prescription : Not any more public property 1.When there is no controversy about the land
2.Land’s cause is less than P100,000
PD 1529(1) PD 1529(2) *Here these are to be appealed to the CA:
1.Mandates registration on 1.Entitles registration on Republic vs Batigue
the basis of possession the basis of prescription 1. First Instance: Cannot fall under the MTC
1.Property Registration 2. Property registration because there is an opposition on the part of
Decree and the Public land decree and the civil code. the respondent.
act 2. Second Instance: MTC has jurisdiction if the
Possession of alienable Here there is a value of the lot does not exceed P100,000
and disposable land of requirement that the land Pursuant to the judicial reorganization act: The value of
public domain since June being possessed must be the land is determined :
12 1945 or earlier without alienable and disposable at 1. The affidavit of the claimant
regard to whether the land the time of possession 2. Agreement of the respective claimant if there
is susceptible to private otherwise possession are more than one
ownership at that time . All cannot result to 3. From the corresponding tax declaration of real
the applicant needs to ownership.Dito at the time property.
show is that the land is of possession dapat
already declared to be alienable and disposable b. Decree of registration
alienable and disposable 1.A decree of registration and confirmation is issued by the
at any time before the filing court after it finds that the adverse claimant is entitled to the
title stated in his application.
Note: UNCLASSFIED PUBLIC LAND IS DEEMED TO BE 2.An order is issued to the LRA : A decree of registration
PUBLIC FORREST LAND 1. After the judgment directing the registration of title to the
3. Abandoned river beds:These cannot be acquired land becomes final the court shall within fifteen days from the
at instance there is a need to apply for this. entry of judgment issue an order directing the commissioner
to issue a corresponding decree of registration and
Notes: certificate of title.
1. Co owners: In case the land is owned in common 2.Within fifteen days from judgment, the commissioner shall
2. Vendor a retro: The vendor a retro can file cause the decree to be prepared and the decree of
ownership but if the period to claim has lapsed the registration as well as the original and duplicate of the
vendee is substituted to the position of the vendor corresponding original certificate of title .
and shall continue the suit. -Original: This is the true copy of the registration.
3.This is to be transferred to the register of deeds.
Proof that the land is alienable and disposable
For purposes of judicial confirmation of imperfect titles filed Section 32:Review of registration of the deeds in relation
under Presidential Decree No. 1529, a duly signed to innocent purchase for value
certification by a duly designated DENR geodetic engineer Section 32. Review of decree of registration; Innocent
that the land is part of alienable and disposable agricultural purchaser for value. The decree of registration shall not
lands of the public domain is sufficient proof that the land is be reopened or revised by reason of absence, minority,
alienable. Said certification shall be imprinted in the or other disability of any person adversely affected
approved survey plan submitted by the applicant in the land thereby, nor by any proceeding in any court for reversing
registration court. The imprinted certification in the plan shall judgments, subject, however, to the right of any person,
contain a sworn statement by the geodetic engineer that including the government and the branches thereof,
the land is within the alienable and disposable lands of deprived of land or of any estate or interest therein by
the public domain and shall state the applicable Forestry such adjudication or confirmation of title obtained by
Administrative Order, DENR Administrative Order, actual fraud, to file in the proper Court of First Instance a
Executive Order, Proclamations and the Land Classification petition for reopening and review of the decree of
Project Map Number covering the subject land. registration not later than one year from and after the
date of the entry of such decree of registration, but in no
Amended:There must be a certificate of land classification case shall such petition be entertained by the court where
status issued by the CENRO or the PENRO of the DENR an innocent purchaser for value has acquired the land or
whichm ust be apporved by the DENR secretary that the an interest therein, whose rights may be prejudiced.
land is within the approved area per verification through Whenever the phrase "innocent purchaser for value" or
survey by the CENRO OR PENRO an equivalent phrase occurs in this Decree, it shall be

2
 deemed to include an innocent lessee, mortgagee, or
other encumbrancer for value.
General Rule: A decree of registration shall not be opened,
reopened and revisited due to absence, minority or other
disability of any person adversely affected thereto
Exception:
1.Fraud: File in the proper court a petition for the reopening
and review of decree of registration not later than one yeaer
from the date of entry of such registration.
After the lapse of one year:
After the expiration of one year from the issuance of decree
of registration the certificate of title serves as evidence of an
indefeasible title to the property in favor of the person that
appears thereon.
Notes:
A certificate of title is only evidence of its issuance it does
not foreclose the possibility that the property is co-owned
or is held in trust in favor of the other.
Remedy:
1.Act of reconveyance
2.Cancel the title and issue another.
Innocent Purchaser for value :
1.One who buys the property and pays the full and fair price
of it.
2.Purchases property before any notice of some person’s
interest
Mirror Doctrine:
Every person dealing with the registered land may safely rely
on the correctness of the certificate of title issued therefore
and is in no way obliged to go beyond the certificate to
determine the condition of property.
Exception:
1. When there exist important facts that creates
suspicion that otherwise reasonable man to go
beyond the present title and investigate those that
preceded it.
One who purchases real property which is in the actual
possession of another should, at least make some inquiry
concerning the right of those in possession. The actual
possession by a person other than the vendor should, at
least put the purchaser upon inquiry. He can scarcely, in
the absence of such inquiry, be regarded as a bona fide
purchaser as against such possessors. (Lucena vs. CA,
G.R. No. 77468, August 25, 1999).
D. Certificate of title
A certificate of title is a transcript of the decree of registration
made by the Registry of deeds in the registry.
Kinds of Certificate of title
1. Original Certificate of title
2. Transfer certificate of title
Who are entitled to a duplicate certificate of title
1. Registered owner
2. Co owner.
OCT( Original Certificate of title)
1. Issued for the first time after the land has been
adjudicated and decreed in the name of its owner
in the original or initial registration proceeding by
the Registrar of deeds where the land lies
pursuant to the decree of registration.
Transfer certificate of title
1. Issued after the cancellation of the original
certificate of title when the land is transferred by
the registered owner by reason of sale or
otherwise or subsequently.
What is meant by incontrovertibility/indefeasibility of
a Torrens Certificate of Title? What are the
exceptions?
Upon the expiration of one (1) year from and
after the entry of the decree of registration from the LRA,
the decree and the corresponding certificate of title
becomes incontrovertible and indefeasible.
Exemption
a. If previous valid title of the same land exist
b. when the land covered is not capable of
registration
c. when the acquisition of the certificate is
attended by fraud
Enforceability of Certificate of title
1. Once registered cannot be defeated even by
adverse, open and notorious possession
2. Conclusive evidence of the ownership of the
land referred therein
3. After the expiration of one year from the
issuance of the decree of registration upon
which it is based it is incontrovertible.
Exception: ( These are the burdens which will continue
to exist despite not being present in the title)
1. Liens, claims or rights arising or existing under
laws and the constitution of the Philippines
which ARE NOT REQUIRED to appear in the
registry of deeds to be valid.
2. Unpaid real estate taxes levied or assessed
within two years immediately preceding the
acquisition of the right over the land by
innocent purchaser for value without prejudice
to the right of the government to collect taxes
payable before the period from delinquent tax
payer.
3. Any public highway or private way established
or recognized by law or any government
irrigation canal or lateral thereof.
Conclusiveness of Torrens Title
1.Probate court cannot include in inventory lands covered by
certificate of title in the name of person other than decedent.
2.This can only be attacked in a direct proceeding.
3. In an unlawful detainer case the heirs of the registered
owner have a better right of possession as against the
transferee of unregistered deed of ale based on the principle
of indefeasibility of Torrens title
No Collateral Attack
A certificate of title is not subject to collateral attack. It cannot
be altered or cancelled except in a direct proceeding in
accordance with law.
Collateral attack on certificate of title: Petitioner filed an
action for reconveyance against the respondent. The
respondent in their answer attacked the validity of the
petitioner certificate of title by claiming that their mother is
the true owner of the land even before the issuance of the
OCT
Green ACRES VS Holdings
3
DARAB in its judgment directed the cancellation of the title of
Sps Filcon but the latter had transferred the title pendente
lite to Green Acres. A motion for execution of judgment
which seeks the cancellation of Green Acres certificate of
title is a collateral attack.
In unlawful detainer a defense that the plaintiff certificate of
title was fraudulently obtained is a collateral attack.
An application for original registration of land registered is a
collateral attack
Direct attack:
1.May be in the original action or in a counterclaim. A
counterclaim is considered as a new suit in which the
defendant becomes the plaintiff in respect to the
counterclaim
2.A third party complaint
3.A cross claim
Inalvez vs Nool
A resolution on the issue of ownership does not necessarily
subject to Torrens title over the disputed realities to a
collateral attack. It must be borne in mind that what cannot
be collaterally attacked is the certificate of title and not the
title itself
Mere issuance of a COT in a persons name does not
preclude the possibility that the realty may be under co-
ownership with persons not named in the COT or that the
registrant is only a trustee or that other parties may have
acquired interest over the property after the issuance of
certificate of title ( After interest it is not a collateral attack)
If the purpose is merely to remove clouds this is not a
quieting of title on the other hand if it is to remove cloud it is
not a collateral attack. An action for quieting of title is not a
proscribed collateral attack on certificate of title if its primary
to nullify a certificate of title this is a primary relief.
*Collateral : Incidental
*Primary: If an action is to nullify a certificate of title.
Action to annul certificate of title
The validity of a certificate of title cannot be assailed in an
action for quieting of title an action for annulment of title is
appropriate remedy to seek the cancellation of certificate of
title ( Annulment of certificate of title )
Accion Publiciana : To recover the real right of
possessionaffirmative defense collatearl attack
In an action publiciana case affirmative defense that the 1.
That plaintiff OCT was obtained by fraud 2. Acquisitive
prescription are a collateral attack on the OCT. RTC is
without jurisdiction to order reconveyance to defts and
effectively nullify the OCT (This Is a collateral attack)
Q: The plaintiff sold the land to the defendant the latter
paid for the land the certificate of title was not delivered
to them the seller dies. The heirs of the seller did not
want to convey the certificate of title to the buyer. The
buyer filed a quieting of title
A: The action to quiet title was neither a direct nor a
collateral attack on the OCT for the buyer was asserting only
that the existing title in the name of the seller was inoperative
to the sale to the buyer and thus be cancelled
The determination of ownership in an accion interdictal or
accion publiciana does not pose a real attack on torrens
title.If final determination of ownership this is a prohibited
attack.
Remedy when the duplicate certificate of title is lost:
1. A sworn statement of the fact of such loss or
destruction may be filed by the registered owner or
other person in interest an registered ( Section
109)
What is the effect of having two (2) Certificates of
Title over the same parcel of land?
The general rule is that where two certificates of title are
issued to different persons covering the same land in
whole or in part, the earlier date must prevail as between
the original parties and in case of successive registration
where more than one certificate is issued over the land,
the person holding under the prior certificate is entitled to
the land as against the person who relies on the
certificate.
When more than one certificate is issued over a same
parcel of land, the person claiming under the prior
certificate is entitled to the estate or interest; and that
person is deem to hold under the prior certificate who is
the holder of or whose claim is derived directly or
indirectly from the person who was the holder of the
earliest certificate.
Where two certificates of title purport to include the same
land, whether wholly or partly, the better approach is to
trace the original certificates from which the certificates of
title were derived.
What is the law governing double sale of the same
titled land?
Article 1544:
If the same thing should have been sold to
different vendees, the ownership shall be transferred to
the person who may have first taken possession thereof
in good faith, if it is a movable property.
If i is an immovable property, the ownership
shall belong to the person acquiring it who in good faith
first recorded it in the Registry of Property
Should there be no inscription, the ownership
shall pertain to the person who in good faith was first in
possession, and in the absence thereof, the person who
presents the oldest title provided there is good faith.
In case of double sale the person who will be
considered as the owner of the property will be based on
the order of priority:
1. the first person to register the sale in
good faith;
2. the first possessor in good faith;
3. the buyer who in good faith presents the
oldest title.
Three proceeding:
*ORIGINAL CERTIFICATE OF TITLE
4
1.Adminsitrative Exception:
2.Regular
3.Cadastral 1. Banking Institution
2. Actual knowledge f the facts and circumstance that
E. Subsequent registration impels a reasonably prudent man to make an
*Where incidental matters are brought before the land inquiry
registration court by way of 1. Motion 2. Petition filed by he 3. Bad faith.
registered owner or party in interest
Forged or Fraudulent Deed
General Rule: If the owner conveys, mortgage, lease or
charge the registered land it is only binding between them General Rule: A forged or fraudulent deed does not convey
or the persons involved any title
Exception:
1. If the sale , lien or attachment is registered, fled Exception:
or entered in the registry of deeds for the
province or city where the land to which it 1. Certificate of title was already transferred from the
relates lies there is a constructive notice to the time of the true owner to the forger and while it
whole world. remained that way the land was bought by a
innocent purchaser for value.
1. Voluntary dealings; general provisions
Voluntary Dealings Involuntary Dealings
*These are deed, instrument, document that is a result of the There must be a Writs, orders and process
voluntary act of the parties. Ex: 1. Sale 2. REM 3. Lease presentation of title to issued by the court
4.Pacto De retro record the deed in the affecting registered land,
registry books and day the entry in the books is
General Rule:A voluntary instrument can only be registered book sufficient
when the owner’s duplicate certificate is presented with the  OCT must be
instrument presented
Registered owner: One The entry in the book of
*Note: Regardless of whether may owners duplicate or not becomes an owner from the ROD is sufficient notice
you can still annotate this pero if wala the remedy is to file the moment he present the to the person without
an adverse claim ff : annotating the back of
1.Duly notarized deed of certificate.
Except: As provided for by law sale
2.Enered into the day book
Transaction Document to be Action by the RD in th registry of deeds
presented *Surrenders the owner
Sale and Deed of Cancel the old duplicate of title
Purchase conveyance and certificate of title
owner’s and issue a new
duplicate one 2. Involuntary dealings
certificate of title *As distinguished from voluntary dealings, an involuntary
Mortgage Deed + OCT Annotate on the dealing is one pertaining to a transaction that affects the land
OCT the in which the participation of the registered owner is not
mortgage required as the transaction may even be done against
Lease Lease contract + Annotate the his will. A voluntary act on the other hand is a willful act of
OCT original and the registered owner of the land to be affected by
owner registration.
Power of POA + OCT
Attorney a. Adverse claim
Trust ( Express Deed of express Annotate Notice to third person that someone is claiming an interest
trust and on the property or has a better right than the registered
ownership owner thereof. The disputed land is subject to the outcome
duplicate of the dispute.

Claim is adverse when ::

Implied trust Sworrn Annotate.
statement + OCT
Registration is the operative act that binds the property
General Rule: When there is nothing in certificate of title to
indicate any cloud or vice in the ownership of property or any
encumbrance thereto the purchaser is not required to
explore further than what is stated in the title.
*Even if the degree of registration proceeding is infected with
patent nullities still an innocent purchaser for value relying
thereto is protected.
1. A right and interest in a registered land is adverse
to that of the registered owner
2. Such right arose after the date of the original
registration
3. No other provision is made in the decree of
registration of such right and claim.
4. Actual knowledge is adverse claim
5. No second adverse claim based on the second
ground can be filed
Annotation:
1. The adverse claimant issues an affidavit stating
his claim to any part or interest in the registered
land adverse to the registered owner

5
 2. The affidavit is filed with the Registry of deeds who
examines whether the adverse claim is to be
annotated
Effect: Upon the annotation of the adverse claim any
potential buyer of the land shall be considered to have been
alerted of any defect in the title. The individual shall be
considered in bad faith if despite the annotation , he
purchase the property
Cancellation of the adverse claim
1. AFTER 30 DAYS:Upon registration, the adverse
claim is effective for a period of thirty days from
the time it was registered and may be cancelled
after the lapse of 30 days when the party in
interest files a verified petition withdrawing such
2. Before 30 days: The party in interest files an
petition with the RTCfor the cancellation of the
adverse claim and after due notice and hearing
finds that the claim is frivolous,
Note: Hindi pede mag cancel agad si baks the interested
party must file with the property court a petition for
cancellation of adverse claim and a hearing must first be
conducted.
b. Notice of lis pendens
Purpose: The purpose f the notice of lis pendens is to
constructively advise or warn all people who deal with the
property that they so deal with it at their own risk and
whatever rights they acquire as a result of voluntary
transaction are subject to the result of the action and may
well be inferior and subordinate to those which may be finally
determined and laid down therein.
How is this registered
1. Memorandum of notice stating the institution of
such action or proceeding and the court wherein
the same is pending as well as the date of
institution thereof together with a reference to then
umber of the certificate of title, an adequate
description of the land affected and registered
owner thereof shall have bene filed and registered.
How is this cancelled:
Filing of a motion in court verified petitioner where the
action is pending the court may order the removal of the
annotation even if the case is pending when:
1.The annotation is for purpose of molesting the adverse
party
2.Not necessarily to protect the title of the party who caused
it to be recorded
3.When the consequence of trial are unnecessary delaying
the determination of the case as to prejudice the other party.
Effect of alienation: Upon the alienation of the property
pending proceeding, it can be alienated but the purchaser is
subject to the final outcome of the suit.
E. Non-registrable properties
1. Properties of public dominion
a.Properties for public use and public welfare
Specific Property:
1.Forrest, timberland and public forest
Q: Except for those already covered by existing title Boracay
was unclassified land of public domain. Hence pursuant to
PD 705 Boracay is forest land
2.National Parks
3.Mangrove swamps
4.Mineeral land
5.Foreshoere land and seashore reclaimed land
6. Lakes
7. Creeks and streams
8. military and naval reserves
9. Navigable rivers
10. Water shed
11. Grazing land
12.Previously titled land
13. Alluvial deposit
F. Dealings with unregistered land
1. A certificate of title covering inalienable lands of public
domain like forest timber and mineral land is void and can be
cancelled even in the hands of innocent purchaser for value
2.The libingan ng bayani devoted for national military
cemetery and military shrine purpose . Under the
administrative code the Philippines has the power to reserve
for specific public uses and purpose of the public domain
3.Open areas in subdivision are properties of public domain
and cannot be a subject of commerce pursuant to PD 1216..
Subsequent recording of other sales
1. As a rule, the register of deeds must record a
sheriff certificate of sale or sheriff deed upon
the demand made by the purchaser.
The succession made at the instance of various creditor.
The fact that a similar certificate of sale in favor of the first
creditor is already registered no obstacle to the recording
of another
Note: Duty of the ROD is only ministerial: It is limited to
the notation an recording of instrument so far as It
pertains to unregistered property. The registration does
not add as to its intrinsic effect.
G. Assurance Fund
“SEC. 95. Action for compensation from funds. — A
person who, without negligence on his part, sustains
loss or damage, or is deprived of land or any estate
or interest therein in consequence of the bringing of
the land under the operation of the Torrens system of
arising after original registration of land, through
fraud or in consequence of any error, omission,
mistake or misdescription in any certificate of title or
in any entry or memorandum in the registration book,
and who by the provisions of this Decree is barred or
otherwise precluded under the provision of any law
from bringing an action for the recovery of such land
or the estate or interest therein, may bring an action in
any court of competent jurisdiction for the recovery of
damages to be paid out of the Assurance Fund.”
(Emphasis and underscoring supplied.)
1. Action of compensation from funds
A. The claimant must not be negligent.
*The assurance fund is not liable for any loss, damage or
deprivation that is occasioned by breach of trust , whether
express or implied or constructive or by any mistake in the
resurveyed or subdivision of registered land resulting to the
expansion of title.
b. The action must be brought about within a period of six
years from the time the right to bring such action first
occurred.
Requisites
1.That a person sustains loss or damage, or is deprived
of any estate or interest in land
2.On account of the bringing of land under the operation
of the Torrens system arising after original registration,
3.Through fraud, error, omission, mistake or
misdescription in a certificate of title or entry or
memorandum in the registration book,
4.Without negligence on his part, and
6
 5.He is barred or precluded from bringing an action for represented by the Solicitor General
the recovery of such land or estate or interest therein. 3. The title is awared to the claimant as may be found.
6.The action has not prescribed. 4.No successful claimant the court declare the land as
public land.
Jurisdiction: The Regional Trial Court of the place
where the land is located shall be vested with jurisdiction
over the claims of an individual for recovery against the
Assurance Fund. (Sec. 95)
Effects of Cadastral Proceedings:
Note: In an action against the assurance fund the plaintiff •Original Certificate of Title resulting from a cadastral case is
cannot recover as compensation more than the fair imprescriptible.
market value of the land at the time he suffered loss, •No title in derogation of the title of the registered owner may
damage or deprivation. be acquired by prescription or adverse possession.
•It is issued only after the applicants prove that they are
entitled to the claimed lots, all parties are heard, and
2. Limitation of action evidence is considered. Remedy of those who fails to
claim land under the Cadastral System:
The Assurance Fund is not liable in the following: •Claim under the provision of Section 28 RA 141
b.In case the land may be recovered or reconveyed
(Terrible vs. Insular Treasurer, VII Lawyer’s Journal, 767); I. Registration through Administrative
c.In case the party who caused the loss can pay the Proceedings (C.A. 141, as
damages on the property to the person deprived thereof
(Manotoc vs. Choco, 30 Phil. 628 [1915]); Scope: Whenever public land is by the government
d.In case the loss is due to the owners negligence (Dela alienated, granted or conveyed to any person the same shall
Cruz vs. Fabie, 36 Phil. 144 [1917]); be brought within the operation of this decree, only applies in
e.In case the loss is caused by a breach of trust whether public domain lands
express, implied or constructive committed by any
registered owner who is a trustee (Severino vs. Severino, PATENTS- PUBLIC ORIGINAL
44 Phil. 343 [1923]); LAND ACT REGISTRATION-
f.When the loss is caused by the improper exercise of PROPERTY
any sale in mortgage foreclosure proceedings; REGISTRATION
g.In case the action has prescribed (Section 102 of P.D. DECREE
1529) (Heirs of Enriquez vs. Enriquez, 44 Phil. 885
[1922]); 1.There is a presumption 1. there exist
h.That the loss was caused by a mistake in the resurvey always that the land already a title
or subdivision of registered land resulting in the applied thereto pertains to which is to be
expansion of the area in the certificate the state, and that the confirmed by
occupants and the court
possessors claim an 2. the court may
H. Cadastral System of Registration (Act No. 2259, as interest only in the same dismiss the
amended) by virtue of their imperfect application of
A proceeding in rem initiated by the filing of the petition for title or continuous, open the applicant
registration by the government and not by person claiming and notorious possession with or without
ownership of the land subject thereof and the latter are in the 2. the court has the prejudice to the
pain of loosing their claim thereto in effect compelled to go to jurisdiction or power to right to file a
court to make known their claim or interest therein and to adjudicate land in favor of new application
substantiate such claim and interest any of the conflicting for the
- It s the government that files the cadastral claimants registration of
proceeding 3. risk of losing the land the same land.
- Here the subject matter is a private property or lad applied for
of the public domain.
- The government is not claiming ownership over a
parcel of land it is merely to initiate those whoa re
claiming title over the parcel of land to go to court 3. The only risk
and file their answer and prove their claim. that the
- Survey: Here it is the government that conducts applicant runs is
the survey to have his
- The risk of proving ownership: As compared to application
original registration, dismissal is with prejudice, in denied.
cadastral proceeding once the claimant fails to
prove his claim the decision becomes final and the
land becomes a land of public domain
Procedure to acquire public agricultural land :
Procedure: Patent: Gratuitious act on the part of the state that it gives its
1.LMB undertakes a cadastral survey of unregistered land to those who are deserving to receive it
land with the aim of settling or adjudicating title to such -LMB has no jurisdiction to issue a patent certificate of title
2.A petition for registration of the cadastrlly surveyed lot over private land ( Alberto vs Flores)
filed with the court by the director of the LMB as

7

Administrative proceeding with the LMB and DENR
1. Homestead patent: Cultivation of land ( Property is
given to the landowner and his family for their
benefit)
2. Sale patent
3. Lease
4. Free patent ( Possession since June 12 1945)
Q: Can there be a certificate of tile with the homestead and
sales patent?
A: Yes.A certificate of title shall be issued to the grantee. A
torrens title issued pursuant to the homestead sales or free
patent has the same force and effect as the title issued by
way of judicial proceeding under PD 1529.( Parity clause)
J. Reconstitution of Titles
1. Differentiate between administrative
reconstitution and judicial reconstitution.
Judicial Reconstitution:
In the case of Judicial reconstitution under RA
26 is an action in rem which means that it is one directed
not only against particular persons but against the thing
itself. Its object is to bar indifferently all who might be
minded to make any objection against the right sought to
be enforced, hence the judgment is against the whole
world.
● partakes the nature of a land registration
proceeding in rem
● A judicial mode is the general mode that is
applicable to all cases of reconstitution. it
requires filing a petition in the proper RTC
which shall state that the owner’s or co-owner’s
duplicate certificate of title had been lost or
destroyed, if such be fact, the location, area,
and boundaries of the property, the names, and
addresses of all persons who have a claim or
encumberance on the property together with a
statement of their claims, and a statement that
no deeds or other instruments affecting the
property have been registered (R.A. 26, Sec.
12)
● the notice of petition must also be published
twice in successive issues in the Official
Gazette, posted on the main entrance of the
provincial and municipal building in which the
land is situated, and sent by registered mail or
otherwise to all persons named in the petition
(RA 26, Sec 13)
● due to flood, fire, other force majure as determined
Administrative Reconstitution:
May only be availed only in cases of:
● substantial loss or destruction of the original
land titles due to fire, flood, or other force
majeure as determined by the Administrator of
the Land Registration Authority
● the number of certificates of title lost or
damaged should be at least 10% of the total
number in possession of the Office of the
Register of Deeds
● in no case shall the number of certificates of
title lost or damaged be less than 500
● petitioner must have the duplicate copy of the
certificate of title (RA 6732)
Who may file?
1. Registered owner
2. Assign
3. Any person having interest in the property
a. Creditor
b. Buyer of auction sale.
Who must be notified of the reconstitution case
1. Registered owner
2. Possessor
3. Interest in property
4. Adjoining land owner.
a. The owners are given opportunity to
raise objection. ( Technical description)
Kinds of Reconstitution
1. Judicial (RA 26)
2. Administrative ( Act No 6732)
What may be reconstituted?
1.Certificate of title lost or destroyed ( buong title)
2. Liens and encumbrance affecting the lands covered by
such titles
Judicial reconstitution:
A filing of petition in the proper regional trial court which shall
state that the owners or co-ownerS duplicate certificate of
title had been lost or destroyed.if such be the fact, the
location area, and boundaries of the property the names and
addresses of the person who have a claim or encumbrance
on the property together with the statement of their claims
and a statement that no deeds or other instrument affecting
the property have been registered
the notice of petition must also be published twice in two
successive issues
1. Official Gazette - posted in the main entrance of
the provincial and municipal building
2. set by registered mail- otherwise to all persons
named in the petition
Administrative Reconstitution:
*Apply in the registry of deeds
1. Substantial loss or destruction of the land titles
by the administration of the LRA
2. The number of certificate of title , loss or damage
should at least be 10% of the total number in the
possession of the office registry of deeds
3. Number of certificate of title is not less than 500.
a. At least 500 and the number of
certificate lost must be at least 10% of
the total number of possession in the
registry of deeds. ( Check mo muna ilan
title dapat 500 pero if di abot sa 10%)
Note: Only reconstitute the original certificate of title , if it is
the owner’s duplicate the property remedy is the reissuance
of the owners duplicate. ( Ung nasa register of deeds ung
mga nawawala)
8
 d. That the certificate of title was in force at
Judicial Reconstitution: the time it was lost or destroyed
1. Any reason can be a cause for judicial e. That the description ,area and
reconstitution of title ( Ie : Mishandling) boundaries are substantially the same
as those contained in the lost or
RECONSTITUTED TITLE: 2 year prescriptive period destroyed title
( ADMINISTRATIVE ): How to remove the reconstituted
title ( reconstituted)
1. The filing of a proper petition in the RTC and
after due notice and hearing (before the two
year period expired)
2. Filing an ex parte motion in the proper RTC
after the lapse of the two year period sine the
reconstitution of title and no claimant has filed
any petition against the reconstituted title
(After the lapse of two years no longer a petition but an
ex parte motion)

Binding effect of reconstituted titles:

1.Judicial reconstitution

a. It is a proceeding in rem that binds all person

2.Adminsitrative :

a.It shall be without prejudice to any party whose rights or

interest in the property was duly noted in the original at the
time it was lost or destroyed but the entry or notation of
which hs not been made on the reconstituted certificate of
title ( not bind third person who is not informed of the new
reconstitution)

Effect of the recovery of the original ttle :

1. If in the name of the same registered owner ( The

original prevails)
a. The reconstituted title is cancelled by
the RD
b. All memoranda of new lien and
encumbrance is transferred to the
recovered title

*Original: New encumberance icopy mo ilagay mo sa original

Note: If the reconstituted title is cancelled by any deed of

instrument or by order of the court and likewise a new one
has been issued the recovered title shall likewise be
cancelled.

Caution in Granting Reconstitution:

1. The reconstitution of certificate of title partakes of

a land registration proceeding and must be
granted only upon clear proof that the title sought
to be restored was indeed issued to the petitioner
2. The requirement must be satisfied to warrant the
order of reconstitution namely
a. The certificate of title has been lost
b. That the document presented by the
petitione are sufficient and proper to
warrant reconstitution of the lost and
destroyed title
c. That the petitioner is the registered
owner of the property or had an interest
therein