1.

the deed of sale if not registered - The deed of sale will serve as a contract between the parties,
Valid between the buyer and the seller.
The effect :
1. Contract between the parties
2. Authority of the ROD to register the information once it presented to them .

Registration is important because is the operative act that conveys and transmit ownership of the land
to the buyer and bind the Land. The act of registration shall be the operative act to convey or affect the
land insofar as third persons are concerned, and in all cases under this Decree, the registration shall be
made in the office of the Register of Deeds for the province or city where the land lies.

Section 51. Conveyance and other dealings by registered owner. An owner of registered land may
convey, mortgage, lease, charge or otherwise deal with the same in accordance with existing laws. He
may use such forms of deeds, mortgages, leases or other voluntary instruments as are sufficient in law.
But no deed, mortgage, lease, or other voluntary instrument, except a will purporting to convey or affect
registered land shall take effect as a conveyance or bind the land, but shall operate only as a contract
between the parties and as evidence of authority to the Register of Deeds to make registration.

Mail to the Post office

The Reckoning date is the actual date when it was mailed and not the date of receipt of the register of
deeds. The date of mailing is considered ad the actual date of registration of Instrument.

Problem 1.

Angel sold a property to Rico on december 1, without the knowledge, Angel sold it to another person,
and the person registered on december 1 thru mailing and received by the ROD on Dec.10 the other
person registered on December 3.

Answer : The date of mailing is the actual date of Registration. the who registered first will be given
preference.

Problem 2

Angel Gibaligya ang yuta niya ni rico, later rico take over the position of the property including the
building, Angel Question, that what was sold was only the land not the building erected on said land.

Answer: If I were the Judge, I will ruled in favor of rico. the deed of sale includes all the improvements,
Unless there is a stipulation to the contrary or another personal property is owned by somebody else if
there is none the presumption is that it includes everything.

Problem 3

Chaddy was given SPA by Rico, authorized to mortgage the property, Chaddy instead of mortgaging she
sold the property.

Answer: It is improper because the authority to mortgage does not include the authority to sale or vice
versa.
Problem 4

Chaddy file for reconstitution of title, later on chaddy married to Mr.X wanted to change in the name of
spouses. If u were the judge will you entertain?

Answer : If I were the judge I will not entertain because Reconstitution of title denotes a reproduction or
restoration of the instrument of the COT which was lost or destroyed to its original form and condition
when it was lost and destroyed.

Problem 5

Angel filed a title Married to pedro. What is the status of the property?

Answer: Personal property or paraphernal the phrase married to is the mere description of the civil
status of the registered owner.

Problem 6.

Angel file a registration of title, Rico opposed. The court decided in favor of angel, Angel is required to
reimbursed the improvements made by rico, angel will not reimbursed instead she will set up a defense
of an appela rico said u cannot file an appeal because you are the winning party.

Answer: The argument of rico is unmeritorious because the remedy of appeal is available by both parties
by the winning/prevailing and the losing party.

General rule: forged document is an Absolute Nullity.

Exception : 1. If the property is already in the name of the forger

2. if the property in now in the name of the person name by the forger.

What is the effect of the document if not registered with the ROD?

Answer: It serve as the contract between the party and it will serve as authority of the ROD, to regsiter
the documents presented to them. But, once it is registered it conveys and transmit ownership to the
buyer and it will also bind third persons.

Who will prepare and issue the corresponding decree of registration and under whose order?

Answer: The Administrator of the Land registration authority is the one who will prepare and issue the
corresponding decree of registration upon the order of the court.
A Prenda yuta to B for 200 pesos during the subsisting mortgage A died living behind 2 daughters one
daughter bayaran nia ang tunga.

Answer: No, because one of the characteristics of Mortgage is that it is Inseparable and Indivisible.

A file an original registration of title, B opposed siya nag occupy sa yuta, Mr. B Refuse to Vacate the
Land. Can the court issue writ of possession?

Answer: Yes, the court can issue a writ of possession because the decision itself carries with it the
delivery of possession in favor of the prevailing party.

Yes, bc the Writ of possession compliment the Writ of demolition.

A file for original registration of title, A win the decision, B the neighbour file petition for review after the
lapsed of one month from the date of decree of entry of registration claiming the subject matter was
mortgaged.

Answer: Yes, he can file even though he is not the party bc this remedy is available to any person who
may have interest, may file a petition for review not later than one year from the date of entry of the
decree of registration.

Rico buys a property covered by tax dec. 3 months after mr.X file a case for the Nullification of deed of
sale in favor of rico and set up a defense that he is the buyer in Good faith.

Answer: the defense set up by rico is not meritorious because the defense of the buyer in Good faith can
be availed if the subject matter is a register land, in this case the Land subject matter is not a registered
land it is only covered by tax declaration, Therefore Rico bought the land at his own risk.

PROCEDURE
The procedure relative to administrative reconstitution of lost or destroyed certificate prescribed in said
Act may be availed of only in case of substantial loss or destruction of land titles due to fire, flood or
other force majeure as determined by the Administrator of the Land Registration Authority: Provided,
That the number of certificates of titles lost or damaged should be at least ten percent (10%) of the total
number in the possession of the Office of the Register of Deeds: Provided, further, That in no case shall
the number of certificates of titles lost or damaged be less than five hundred (500).

A acquire a title through homestead patent, later on sold the titulo to Rico 3 years after A wants to
redeem rico opposed claiming that they don't have an agreement.

Answer : Yes, it can be redeem, although there is no stipulation to effect the agreement. It must be
exercise from the date of the execution of the Sale. 5 years

Emancipation patent
- it cannot be disposed by somebody else except by hereditary succession and the Government. Because
this is awarded by the Government to Qualified farmers beneficiaries to uplift their social standing.
Complaint against insolvent.
- file an action for compensation from the assurance fund.
Ikiha ang ROD of where the property is located together with the national treasurer.

 REMEDIES AVAILABLE

1. To file a petition of a new trial within in a period of perfecting an appeal (file within 15 days
upon receipt) on the Ground of Fame, Newly discovered evidence and Excessive fine.

- That the newly discovered evidence was discovered after the trial
- Despite due negligence said newly discovered evidence cannot be presented
- Such evidence is so material that if considered would alter the decision of the case

2. Relief from judgment

- It must be final and executory to avail this remedy. It must be filed within 60 days but not more
than 120 days or 6 months.

3. Appeal
- Within 15 days and also the aggrieved party can still file an appeal

4. Petition for review

- Before the lapse of one year the aggrieved party can still file a petition for review after the
lapsed of one year from the entry of the decree of registration it becomes Incontrovertible and
infeasible.

5. Action for recconveyance

- That the property should be under my name.

6. File an action for damages

- If the recovery is no longer possible bc he is the buyer in good faith.

7. Cancellation suit
- Double sale (the first to register shall be given preference)

8. Quieting of title
- To remove doubt
9. Criminal action
- Perjury. Under oath

Why people prefer judicial titling over administrative titling

- In judicial once the COT IS ISSUED they can dispose the property
- Administrative once cot is issued cannot be disposed within 5 years

Formal requisites for registration

- Document sought to be registered must be in a form sufficient
 - The deed of absolute sale sought to be registered must be presented by law
- If the land covered by two or more COT al of the COT MUST be presented.

GR : the buyer is not duty bound to go beyond what is appearing in the face of title.
Ex. If there are compelling reasons to do it, failure to investigate,