LTD

Sec.2

1. Explain the Regalian Doctrine

The regalian Doctrine provides that all lands, whatever its classification belongs to the State, including all
natural resources. Furthermore, the state is source of all asserted right of ownership of land.

2. What are alienable and disposable lands?

Alienable and Disposable lands refer to lands of the public dominion which have been the subject of the
present system of classification and declared as not needed for forest, mineral or national parks.

3. Explain the Torrens System of Registration.

Torrens System of Registration requires that the government issue an official certificate of title attesting
to the fact that the person whose name is on the title is the owner of the property described therein.
Hence, once the title is registered the owner may rest secure, without the necessity of waiting for the
court to avoid the possibility of losing his land.

4. Explain the mirror doctrine.

Mirror doctrine provides that every person dealing with register land may safely rely on the correctness
of the certificate title issued and is not obliged to determine the condition of the property. Thus, every
owner or purchaser for value in good faith holds the title to property and free from all defects except to
those noted in the certificate.

5. Who is the buyer in good faith?

A buyer in good faith is one who buy a land or property with the belief that there are no any defect upon
purchasing such land or property and completely unaware that there is someone other than him has a
right, claim or interest in such land.

6. Explain the phrase “a void title can be a root of valid title”.

7. “A” stole the title of “B” and then forged the latter’s signature. He was able to transfer the title
under his name. In case B discovers such act of A, can he file an action for the recovery of the
property? Can A interpose the defense that a title has already been issued under his name?
Explain.
No. B cannot file an action for the recovery of the property. Under the law, Fraudulent or forged
document may still give rise to a valid title if the certificate of title has already been transferred from the
name of the true owner to the name of the forger or to the name indicated by the forger and remained
as such. Hence, A can interpose the defense that a title has already been issued under his name.

8. Suppose in the question above, A already sold the land to C, a buyer in good faith and for value,
who now has a title, can B still recover the land? Why?

No. B cannot recover the land when A already sold the land to C. Under the law, reconveyance of the
property in question in favor of the previous owner by reason of and alleged forged deed of sale is not
proper. Subsequent buyers of the property are considered purchaser in good faith. Here, C was not part
of the forgery and that he is not aware of the fact that A forged the signature of B. hence, B cannot
recover the land and C is the new owner of the land.

9. Who may apply for Judicial Confirmation of Imperfect title under PD 1529, as amended?

The application for Judicial Confirmation of Imperfect Title under PD 1529, as amended has been limited
to the citizens of the Philippines who through themselves or their predecessors in interest have been in
open, continuous, exclusive, and notorious possession and occupation of alienable and disposable lands
and of the public domain.

10. What is a Free Patent?

Under the law, a free patent is a mode of disposition of public agricultural land whereby an incomplete
or imperfect title over a parcel of land is administratively legalized.

11. Explain how a Certificate of Land Transfer (CLT), Emancipation Patent (EP)/Certificate of Land
Ownership Award (CLOA) and an Original Certificate of Title(OCT)/Transfer Certificate of Title
(TCT) are issued under P.D. No. 27 and R.A. No. 6657, as amended.

P.D. No. provides that beneficiaries are issued certificates of land transfer (CLTs) to entitle them to
possess lands. Thereafter, they are issued emancipation patents (Eos) after compliance with all
necessary conditions. Such Eps upon their presentation to Register of Deeds, shall be the basis for the
issuance of the corresponding transfer certificate of title (TCTs) in favor of the corresponding
beneficiaries. R.A. No. 6657, the procedure has been simplified. Only certificates of land ownership
award (CLOAs) are issued, in lieu of Pes. After compliance with all prerequisites. Upon presentation of
the CLOAs to the Register of Deeds, TCT are issued to the designated beneficiaries. CLTs are no longer
required.

12. BUNOS QUESTION: What is the most interesting topic/doctrine/rule that you learned under
Parts I,II and III of our course outline? Explain only one topic/doctrine/rule.
The most interesting doctrine that I learned is the Torrens Title System. Through to this I learned and
realized how important registering the land earlier as possible. By acquiring a title under my name it also
rest secure the possibility of losing my land or property.