Chapter III Qualification: Member of the Philippine Bar with at least 10-year practice of law.
Land Registration
A system by which ownership of real property is established through the issuance of
an official certificate indicating the name of the individual in whom such ownership is vested.
(Torrens Title Sytem)
Registration does not equivalent to title.
Under Torrens System, registration only gives validity to the transfer or creates a lien
upon the land.
It merely confirms, but does not confer ownership.
Purposes of the Property or Land Registration Law
1. Ascertain absolute title over land property.
2. Make a certificate of title an absolute proof of such title.
3. Quiet title to land.
4. Decree that land title shall be final, irrevocable and undisputable.
Jurisdiction of Courts: in rem proceedings.
RTCs have authority to act not only on applications for original registration but
also over petitions filed after the original registration of title, and determine all
questions arising upon such applications or petitions. (Appealable to the CA)
Under Section 34 of BP 129, MeTC may be assigned by the SC to hear and
determine cadastral or land registration covering: (appealable not on RTC but on CA)
(a) Lots where there is no controversy;
(b) Contested lots value does not exceed (P 100,000.00).
Systems of registration of real property or rights in the Philippines:
1. Torrens System
2. System of recording
Act 3344 concerns the recording of instruments relating to land not registered under Land
Registration Act.
Unregistered sale is binding only between the seller and the buyer but not binding on
innocent third persons.
An improper registration is no registration at all.
Loss of Certificate of Title over registered land.
Effect: Does not convert it into an unregistered land.
Remedy: Reconstruction of the lost certificate of title.
Land Registration Authority (LRA) (under supervision of DOJ) with purpose of having more
efficient execution of laws relative to registration of lands and social justice program of the
government.
Responsible for issuing decrees of registration and certificate of title and registering
documents, patents and other land transactions.
Official of the LRA
Administrator assisted by two (2) Deputy Administrators (each for Operations and
Administration) appointed by the President, upon recommendation of the DOJ Secretary.
Duties of LRA Administrator
1. Issuance of decrees of registration
2. Supervision and control over all Register of Deeds (RDs)
3. Resolution of cases from decision of RDs
4. Executive supervision over all CoC and personnel of RTC to the discharge of their
duties in relation to land registration
5. Implementation of orders and decisions relative to registration of lands, subject to
approval of DOJ
6. Verification and approval of subdivision.
General functions of the LRA
1. Assistance to DAR, LBP and other agencies in implementation of land reform.
2. Extend assistance to court
3. Central repository of records relative to original registration of lands.
Ministerial duty of LRA to issue decrees of registration with obligation to seek
clarification from the court when in doubt.
One Register of Deeds for each province and one for each city to be appointed by the
President, upon recommendation of the DOJ Secretary.
Deputy RDs and subordinate personnel shall be appointed by the DOJ Secretary,
upon recommendation of the LRA Administration.
Qualification of Register of Deeds
1. Admitted to the practice of law and actually engaged in practice for at least 3
years, or;
2. Has been employed for a like period in any branch of government the functions
of which include the registration of property.
*Deputy RD must also be member of the Philippine Bar.
General Functions: Register of Deeds constitutes as public repository of records of
instruments affecting registered or unregistered lands.
Has the duty of immediately registering an instrument presented for registration which
complies with all the requirements; otherwise, he shall deny it.
Function of RD ministerial in nature: registration of deeds, encumbrances, instrument and
the like.
RD not duty-bound to determine the validity of document for purposes of registration.
Register of Deeds has no power to determine validity of document. Whether a
document is valid or not, is not for the RD to determine.
Instances when the RD may validly refuse registration
1. There are more than one (1) copy of owner’s duplicate and not all copies are
presented to him.
 2. Voluntary instrument bears an infirmity. 1. Private lands segregated from the mass of lands of the public domain through grant
3. Validity of instrument is in issue in a pending court. by the State in the possession of the original grantee or their successor-in-interest or
those held in private ownership or native title since time immemorial;
Index system and cards with the names of all registered owners shall be alphabetically 2. Public Agricultural lands which the claimant acquired imperfect or incomplete titles.
arranged.
Kinds of registrable Private Lands
There shall be Chief Geodetic Engineer as technical adviser of LRA on all matters involving 1. Lands acquired from the government during the Spanish Regime by way of grants:
surveys. a. Royal grant;
b. Special grant;
Application for Land Registration of title of land; who may apply c. Adjustment title;
d. Title by purchase; and
Whether personally or through representatives, may file in the proper RTC an e. Possessory Information title, which could become a gratuitous title.
application for registration of title of land: 2. Lands claimed owned by accession;
1. Who themselves or their predecessor-in-interest have been in open, continuous, 3. Lands acquired in any other manner provided by law.
exclusive and notorious possession and occupation of alienable and disposable lands
of public domains under a bona fide claim of ownership since June 12, 1945 or Lands not subject to Registration
earlier; 1. Those devoted to general public use, i.e. public roads, plaza, canals, streets, rivers,
2. Who acquired ownership or private lands by prescription. banks and shore;
3. Who acquired ownership of private lands or abandoned river beds by right of 2. Those devoted to public service;
accession or accretion; 3. Those reserved for public or quasi-public purposes;
4. Who acquired ownership of land in any other manner provided for by law. 4. Forest or timberlands;
*When land is owned in common, all co-owners shall file application jointly. 5. Mineral lands;
*In case of pacto de retro, the vendor may file an application; however, in case of 6. National parks;
period of redemption expired and ownership was consolidated to vendee, the latter 7. Foreshore lands;
may be substituted. 8. Mangrove areas;
9. Public reservations;
Trustee on behalf of his principal may apply for original registration, unless prohibited by the 10. Reclaimed lands;
instrument. 11. Rivers and creeks;
12. Seashore;
Filing by a single applicant or multiple applicants 13. Swamplands;
1. As long as they are co-owners, several applicants may file a single application. 14. Watershed.
2. As long as they are located in the same province, the filing of single application of
several parcel is allowed. Second decree for the same land is void; res judicata (previous decree already binding to
the whole world)
Requirements for land registration (Judicial Titling)
(Should be filed in the Clerk of RTC in the province or city where the property is located, Being proceeding in rem, land registration requires constructive seizure which is
triplicate copy) effected through publication of the application for registration and service of notice to
1. Original plan on tracing cloth approved by DENR or in lieu, a true copy of the affected parties.
same, together with two (2) print copies thereof;
2. Three (3) copies technical description of the land; The person holding a prior certificate is entitled to the land as against the person
3. Three (3) copies surveyor’s certificate; relying on subsequent certificate.
4. Certificate of the assessed value of property issued by city treasurer, in Refers to the date of the certificate of title and not the date of filing of application for
quadruplicate. registration.

Technical Description a written statement as to the definite location of a tract of land by Public lands; can be acquired by private persons only through grants, express or implied,
reference to a survey, recorded map or adjoining property. from the State.

Lands subject to initial registration

The President is authorized, from time to time, to classify lands of public domain into
alienable and disposable (classified according to their uses such as agricultural, residential,
commercial, educational, charitable, reservations for town sites and for public and quasi-public
uses), timber or mineral lands.
Public Land Act is a special law specifically applying to lands of the public domains,
except timber and mineral lands. (Special Law prevails over the General Law, i.e. Civil Code)
Legal modes of Disposing of public lands
Public Land Act governs lands of public domain, except timber and mineral lands,
friar lands and privately owned lands which reverted to the State.
1. Homestead Settlement;
2. Sale of Agricultural Land;
3. Lease of Residential, Commercial and Industrial Lands;
4. Confirmation of imperfect or incomplete titles;
5. Judicial Legalization;
6. Administrative Legalization of imperfect titles;
7. Townsite reservations;
8. Direct sale of residential lands;
9. Through residential free patent.
Procedure for Homestead Patent Application
1. Filing of application before the DENR-Community Environment and Natural
Resources Office (CENRO) where the land being applied for is located;
2. Preliminary Investigation;
3. Approval of applicaton;
4. Filing of final proof consisting of two parts:
a. Notice of intention to make Final Proof posted for 30 days;
b. Testimony of the homesteader corroborated by two (2) witnesses. Final
proof is filed not earlier than one (1) year after the approval of the application
but within five (5) years from the said date.
5. Confirmatory Final Investigation;
6. Order for Issuance of Homestead Patent;
7. Preparation of Patent using Judicial Form and the technical description at the back;
and
8. Transmittal of the Homestead Patent to the Register of Deeds concerned.
Official authorized to sign and approve homestead and free patents:
1. Provincial Environment and Natural Resources (five hectares or less)
2. DENR Regional Director (more than five hectares but not exceeding ten hectares)
3. DENR Secretary (more than ten hectares)

Friar Lands (refer to vast tracts of the most productive agricultural lands held by religious
orders or large haciendas of the friars) are not public lands.
Execution of Contract to Sell and Delivery of the Certificate of Title that vest ownership to
purchaser of a friar land.
Graph of Modes of Disposition of Lands of Public Domain (page 116)
Homestead mode of acquiring A & D lands of the public domain for agricultural purposes
condition upon actual cultivation and residence.
Sale of homestead within 5-year prohibited period deemed void.
When homestead is entitled to a patent for a particular land, he acquires a vested
interest and regarded as equitable owner.
Certificate of Title issued on the strength of a patent is indefeasible for one (1) year after
issuance, except if fraud is discovered in the application which led to the issuance of the
patent and the certificate of title, this title becomes ipso facto null and void.

Qualification of Homestead:
1. Any citizen of the Philippines over age 18; or head of family who does not own more
than 24 hectares of land or has not been beneficiary of any gratuitous allotment of
more than 24 hectares of land since occupation of the US may enter a homestead of
not exceeding 24 hectares (now 12) of agricultural land of the public domain.
2. Must show that he has resided continuously for at least one year (1) year in the
municipality where the land is situated and must have cultivated at least one-fifth (1/5)
of the land.

Married Woman not allowed to have homestead, except:

1. She is living separately from her husband and not dependent upon him;
2. Her husband is insane or physically incapacitated to work;
3. Her husband is in prison, serving duration as would prevent him from complying with
the requirements of the law regarding residence on the land.

Application requirements for Homestead Patents (page 119)