Professional Documents
Culture Documents
Tax Receipts are not incontrovertible evidence in Section 8 recognizes that during the Spanish regime, Crown
lands were per se alienable unless falling under timber or mineral
of ownership
zones, or otherwise reserved for some public purpose in
accordance with law. Petitioner has not alleged that the
BLANK disputed portion had not become private property prior to the
blank enactment of Act No. 2874. Neither has petitioner alleged that
--------------------------------------------------------- the disputed portion was not land on which a private right may
be claimed under any existing law at that time. (Republic vs. CA
Annotation in the survey plan is not sufficient
and Heirs of Carag and Turingan, GR No. 155450; August 6, 2008)
evidence.
---------------------------------------------------------
Sketch or survey plan does convert to alienable
BLANK
land
blank
--------------------------------------------------------- Is a sketch plan enough to convert such land into alienable
DENR-CENRO certification is not sufficient to land? how about private property?
prove that the land is classified as alienable and The existence of a sketch plan of real property even if approved
by the Bureau of Lands is no proof in itself of ownership of the
disposable.
land covered by the plan. (Gimeno v. Court of Appeals, 80
SCRA 623). The fact that a claimant or a possessor has a sketch
BLANK plan or a survey map prepared for a parcel of land which forms
blank part of the country's forest reserves does not convert such land
--------------------------------------------------------- into alienable land, much less private property. Assuming that a
public officer erronec)usly approves the sketch plan, such
Classification is a prerogative of the executive
approval is null and void 'I here must first be a formal
department Government declaration that the forest land has been
re-classified into alienable and disposable agricultural land
Does forest land have have to be on mountains or in out of the which may then be acquired by private persons in accordance
way places? Or will it lose classification just because it has been with the various modes of acqumng public agricultural lands.
stripped off of forest cover? (Republic v. Vicente Roxas and the Register of Deeds of Oriental
The following ruling may be applied to this case by analogy: "A Mindoro, GR. No. 157988, December 11, 2013)
forested area classified as forest land of the public domain does ---------------------------------------------------------
not lose such classification simply because loggers or settlers
may have stripped it of its forest cover. Parcels of land classified CENRO certificate is not sufficient proof that
as forest land may actually be covered with grass of planted to the land is alienable and disposable
crops by kaingin cultivators or other farmers. 'Forest lands' do not
have to be on mountains or in out of the way places. Swampy Is DENR-CENRO certification
areas covered by mangrove trees, nipa palms and other trees sufficient to prove that the land is
growing in brackish or sea water may also be classified as forest classified and alienable and disposal
land. The classification is descriptive of its legal nature Of status NO, DENR-CENRO certification is not sufficient to prove that the
and does not have to be descriptive of what the land actually land is classified and alienable and disposal
looks like. (Edna Collado v Court of Appeals,G.R. No. 107764, 04
October 2002) To Support her contention Lualhati submitted certifications from
the DENR-CENRO stating that no public land application or land
"Forest" as defined in the dictionary is descriptive of what patent covering the subject lots is pending nor are the lots
appears on the land while 'forest on timber land" is a legal status, embraced by any administrative title. The certifications are not
a classification for legal purposes. The "forest land" started out as sufficient. The applicant for land registration must present a copy
'forest" Of vast tracts of wooded land with dense growths of tree of the original classification approved by the DENR Secretary
and underbrush. However, said the Highest Tribunal in this (Republic v, Emeteria G. Lualhati, GR No. 183511, March 25,
annotated case, the cutting down of trees and the 2015) Respondents presented a Certification dated November
disappearance of virgin forest do not automatically convert the 25, 1994, issued by the Community Environment and Natural
land of the public domain from forest or timber or timber land to Resources Officer, Department of Environment and Natural
alienable agricultural land. (REGALIANDOCTRINE, 379 SCRA 632, Resources Office,
March 21, 2002)
What is a foreshore land?
Foreshore land refers to a strip of land that lies between the high CENRO and Certification signed by the DENR
and low water marks and is alternatively wet and dry according Secretary as held in the landmark case of T.A.N.
to the flow of tide. It is part and parcel of the alienable land of properties.
the public domain and may be disposed of only by lease and
not otherwise. Classification of public lands is a function of the CENRO and Certification signed by the
executive branch of the government, specifically the Director of DENR Secretary as held in the landmark
Lands (now the Director of the Lands Management Bureau). case of T.A.N. Properties
(Roble vs. Arbasa, 362 SCRA 72 [20011) (REGALIAN DOCTRINE, It is not enough for the PENRO or CENRO to certify that a land is
ibid) alienable and disposable. The applicant for land registration
must prove that the DEVR Secretary had approved the land
However, Section 8 provides that lands which are already classification and released the land of the public domain as
private lands, as well as lands on which a private claim may be alienable and disposable, and that the land subject of the
made under any law, are not covered by the classification application for registration falls within the approved area per
requirement in Section 8 for purposes of disposition. This exclusion verification through survey by the PENRO or CENRO. In addition,
1
• __
the applicant for land registration must present a copy of the
original classification approved by the DENR Secretary and
certified as a true copy by the legal custodian of the official
records. These facts must be established to prove that the land is
alienable and disposable. (Republic vs October 04, 2012)
---------------------------------------------------------
Private lands are not covered by classification
requirement
BASIS
However, Section 8 provides that lands which are already
private lands, as well as lands on which a private claim may be
made under any law, are not covered by the classification
requirement in Section 8 for purposes of disposition. This exclusion
in Section 8 recognizes that during the Spanish regime, Crown
lands were per se alienable unless falling under timber or mineral
zones, or otherwise reserved for some public purpose in
accordance with law. Petitioner has not alleged that the
disputed portion had not become private property prior to the
enactment of Act No. 2874. Neither has petitioner alleged that
the disputed portion was not land on which a private right may
be claimed under any existing law at that time. (Republic vs. CA
and Heirs of Carag and Turingan, GR No. 155450; August 6, 2008)
---------------------------------------------------------
The disposition of alienable AND disposable public
lands
BASIS
The disposition of alienable and disposable public lands is
provided in Section 11 of the Public Land Act (CA No. 141), to
wit:
(a) homestead settlement
(b) sale
(c) lease
(d) by confirmation of imperfect or incomplete titles
(e) judicial legalization or
(f) administrative legalization (free patent). In relation to this,
Section 48(b) of the Public Land Act provides: (Malabanan vs.
Republic, G.R. No. 179987. September 3, 2013)
2
The original Land Registration Act (Act No. 496) was approved
LAWS GOVERNING REGISTRATION OF on November 6, 1902, but became effective on January 1,
1903.
PROPERTY - It established the Torrens system of registration in the
country.29
--------------------------------------------------------- - It created a court called the “Court of Land
HISTORICAL LAWS: Registration” which had exclusive jurisdiction over all
applications for registration, with power to hear and
What is role of Law of the Indies of 1893 in LTD determine all questions arising upon such
The Spaniards first introduced the doctrine in the Philippines applications.
through the laws of the indies and cedulas, laid the foundation
that "all lands that are acquired from the government, either by
pure or by grant, belong to the public domain. Under the
Spanish conquest of the Philippines, ownership of lands, territories
and possessions in the PH passed to the Spanish Crown
What is the role Ley Hipotecaria or the Mortgage Law of 1893 in
LTD
The Laws of the Indies were followed by the Ley Hipotecaria or
the Mortgage Law of 1893. The Spanish Mortgage Law provided
for the systematic registration of titles and deeds as well as
possessory claims.
What is the role of Treat of Paris role in LTD
Four years later, Spain ceded to the government of the United
States all rights, interests and claims over the national territory of
the Philippine Islands through the Treaty of Paris of December 10,
1898. In 1903, the United States colonial government, through
the Philippine Commission, passed Act No. 926, the first Public
Land Act
---------------------------------------------------------
NOTES: LAWS GOVERNING REGISTRATION OF
PROPERTY
The primary sources of legislation governing the registration of
private lands and lands of the public domain are:
(a) CA No. 141, or the Public Land Act, approved on November
7, 1936, but which became effective on December 1, 1936.
(b) PD No. 1529, or the Property Registration Decree, issued on
June 11, 1978.
(c) Act No. 2259, or the Cadastral Act, enacted on February 11,
1913.
(d) RA No. 8371, or the Indigenous Peoples Rights Act, approved
on October 29, 1997.
---------------------------------------------------------
NOTES: P D No. 1529, or the Property Registration Decree
What does: The Property Registration Decree govern?
- is a codification of all laws relative to
- registration of property,
What happens to other laws before PD 1529?
It “supersedes all other laws relative to registration of property.”
[Director of Lands v. Santiago, GR No. L-41278, April 15, 1988, 160
SCRA 186.]
- It has substantially incorporated the provisions of Act
No. 496, or the Land Registration Act. Section 14,
paragraphs (1) to (4), enumerates the persons who
may apply for registration and the conditions therefor.
• __
1
• __
Judicial confirmation or legalization of imperfect or
2. W/N respondents, when they agreed to pay rent (mere
incomplete title to land, not exceeding 144 hectares, may
be availed of by persons identified under Section 48 of the lessees), possession of the subject land can ripen into
Public Land Act, as amended by Presidential Decree No. ownership.
1073, which reads – 2. NO. Clearly, respondents, when they agreed to pay rent,
became mere lessees and their possession cannot ripen into
Section 48. The following-described citizens of the ownership. They also did not present proof of ownership. The
Philippines, occupying lands of the public domain or
tax receipts offered in evidence merely showed that they
claiming to own any such lands or an interest therein, but
whose titles have not been perfected or completed, may paid the taxes due only after petitioner filed a complaint
apply to the Court of First Instance of the province where against them. Such payment without adverse possession does
the land is located for confirmation of their claims and the not prove ownership.
issuance of a certificate of title thereafter, under the Land - What is Acquisitive prescription:
Registration Act, to wit: - Acquisitive prescription is a mode of
acquiring ownership by a possessor through
(a) [Repealed by Presidential Decree No. 1073]. the requisite lapse of time. In order to ripen
into ownership, possession must be in the
(b) Those who by themselves or through their concept of an owner, public, peaceful
predecessors-in-interest have been in open, continuous, and uninterrupted. Thus, mere possession
exclusive, and notorious possession and occupation of with a juridical title, such as by a
agricultural lands of the public domain, under a bona fide usufructuary, a trustee, a lessee, an agent
claim of acquisition of ownership, since June 12, 1945, or or a pledgee, not being in the concept of
earlier, immediately preceding the filing of the an owner, cannot ripen into ownership by
applications for confirmation of title, except when acquisitive prescription, unless the juridical
prevented by war or force majeure. These shall be relation is first expressly repudiated and
conclusively presumed to have performed all the such repudiation has been communicated
conditions essential to a Government grant and shall be to the other party. Acts of possessory
entitled to a certificate of title under the provisions of this character executed due to license or by
chapter. mere tolerance of the owner would
likewise be inadequate.
(c) Members of the national cultural minorities who by - Possession, to constitute the foundation of
themselves or through their predecessors-in-interest have a prescriptive right, must be en concepto
been in open, continuous, exclusive and notorious de dueño, or, to use the common law
possession and occupation of lands of the public domain equivalent of the term, that possession
suitable to agriculture whether disposable or not, under a should be adverse, if not, such possessory
bona fide claim of ownership since June 12, 1945 shall be acts, no matter how long, do not start the
entitled to the rights granted in subsection (b) hereof. running of the period of prescription.
- Application for land registration was dismissed Can possession of a public land ripen into ownership:
ZARATE, vs. DEVELOPMENT BANK OF THE PHILIPPINES, G.R. No.
131501, July 14, 2004
NO. It is a rule of law that possession of forest lands, however
Esguerra vs. Manantan, G.R. No. 158328. February long, cannot ripen into private ownership. Such lands are not
23, 2007 capable of private appropriation, and possession thereof, no
matter how long, cannot ripen into ownership.
1. W/N Public land act applies to private properties like Lot
No. 661 as to make valid the free patent issued to the
petitioner
1. NO, Private ownership of land is not affected by the
issuance of a free patent over the same land, because the
Public Land Law applies only to lands of the public domain.
- Inasmuch as the subject property is private, a free
patent issued over it is null and void, and produces
no legal effect whatsoever. Private ownership of
land is not affected by the issuance of a free patent
over the same land, because the Public Land Law
applies only to lands of the public domain. The
Director of Lands has no authority to grant free
patents to lands that have ceased to be public in
character and have passed to private ownership.
Consequently, a certificate of title issued pursuant to
a homestead patent partakes of the nature of a
certificate issued in a judicial proceeding only if the
land covered by it is really a part of the disposable
land of the public domain.19 Hence, the free patent
covering Lot No. 661, a private land, and the
certificate of title issued pursuant thereto, are null
and void.
2
• __
It aims to serve public interests by requiring that “the title to any
lands be titled and adjudicated.”
requisite: “interest of the public”
(is an offspring of the system of registration under the Land
Registration Act.)
CADASTRAL ACT It may be noted, however, that salient provisions in the Cadastral
Act have now been carried over in the present Property
--------------------------------------------------------- Registration Decree, particularly in Sections 35 to 38 of the
Decree
NOTES: Act No. 2259, or the Cadastral Act,
(petitioner here is the government through the Director of Lands The cadastral system of registration took effect with the
requisite here is public interest) enactment on February 11, 1913 of Act No. 2259.
- When, in the opinion of the President, the public
(it is in the nature of proceeding IN REM - only need to notify the interest requires that title to any lands be settled and
world e.g. newspaper) adjudicated, he shall order the Director of Lands to
make a survey thereof, with notice to all persons
claiming an interest therein.
- Thereafter, the Director of Lands, represented by the
IN REM - Notice to the world
Solicitor General, shall institute registration
- It is in the nature of a proceeding in rem, promoted by
proceedings by filing a petition in the proper court
the Director of Lands, somewhat akin to a judicial against the holders, claimants, possessors or
inquiry and investigation leading to a judicial decree. In occupants of such lands, stating that the public
one sense, there is no plaintiff and there is no interest requires that the titles to such lands be
defendant. In another sense, the Government is the settled and adjudicated
plaintiff and all the claimants are defendants. (Act No. - Notice of the filing of the petition is published twice
2259, sec. 10.) The trial is conducted in the same in successive issues of the Official Gazette.36
manner as ordinary trials and proceedings in thc Court - All conflicting interests shall be adjudicated by the
of Land Registration. (Director of Lands vs. Roman court and decree awarded to the person entitled to
Archbishop of Manila, No. 14869. October27, 1920) the lands or parts thereof.
- The object of a cadastral petition, as all know, is, that - The decree shall be the basis for the issuance of the
the title to the various! lots embraced in the survey may certificate of title which shall have the same effect
as a certificate of title granted under the Property
be settled and adjudicated. It is in the nature of a
Registration Decree.
proceeding in rem, promoted by the Director of Lands,
somewhat akin to a judicial inquiry and investigation
leading to a judicial decree. In one sense, there is no
plaintiff and there is no defendant. In another sense, Tamin vs. Court of Appeals, G.R. No. 97477, May
the Government is the plaintiff and all the claimants 8, 1992.
are defendants. (Act No. 2259, sec. 10.) The trial is
conducted in the same manner as ordinary trials and 1 Whether or not the issuance of the writ of possession and
proceedings in the Court of Land Registration. (Sec. ancillary writ of demolition was proper; and
11.) x x x (Director of Lands vs. Roman Archbishop of 1. NO. it is not proper
Manila, No. 14869. October27, 1920)
- The issuance of the writ of possession and ancillary
writ of demolition was improper because an
IN PERSONAM - Notice to each party
administrative case on the ownership of the land to
What is is the Cadastral System which the respondent is a party-in-interest is still
Whenever, in the opinion of the Governor-General (now the pending. Thus, should the respondent be declared
President), the public interests require that the titles to any titles the rightful owner of the land, the demolition shall be
lands be settled and adjudicated, x x x (Act No. 2259) It should prejudicial to his interest.
be noted that salient provisions of Act No. 2259 have now been
carried over in P.D. 1529. Sections 35 (a) of PD. 1529 provides 2 Whether or not the buildings constructed by the respondents
that: When In the opinion of the President of the Philippines are nuisance.
public interest so requires that title to any unregistered lands be 2. YES, they shall be considered a nuisance should the
settled and adjudicated, x x x pending administrative case declare that the subject land is
part of public dominion.
What is The purpose of Cadastral Act - The buildings constructed by the respondents shall
Under the cadastral system, the government through the
be considered a nuisance should the pending
Director of Lands initiates the proceedings by filing a petition in
administrative case declare that the subject land is
court after which all owners or claimants are compelled to act
part of public dominion. The Civil Code provides
and present their answers otherwise they lose their right to their
own property. The purpose is to serve the public interests by under Art. 694 that “A nuisance is any act, omission,
requiring that the titles to any lands "be settled and adjudicated establishment, business, condition of property or
(Tamin vs. Court of Appeals, GR. No. 97477, May 8, 1992) anything else which... (5) Hinders or impairs the use
of property." Thus, if the administrative case is
decided against the respondent, his continued use
of the buildings hinders or impairs the use of the
What does: The Cadastral Act govern? :
3
• __
property by the municipality making such building a observation made by the court not necessary to the
nuisance. decision rendered." 9 The conclusion of the
cadastral court was found in the dispositive portion
3. What is the purpose of Cadastral proceedings of its Decision, and it was material to the nature of
3. LAND REGISTRATION’ CADASTRAL SYSTEM; A PROCEEDING Petra Unating’s ownership of the lot. Furthermore, it
IN REM AKIN TO A JUDICIAL INQUIRY AND INVESTIGATION. — was based on the evidence presented by the
Under the cadastral system, the government through the parties and considered by the said court. In any
Director of Lands initiates the proceedings by filing a petition event, it must be pointed out that the Decision
in court after which all owners or claimants are compelled to became final a long time ago, and a final judgment
act and present their answers otherwise they lose their right to in a cadastral proceeding, or any other in rem
their own property. proceeding for that matter, is binding and
- The purpose is to serve the public interests by conclusive upon the whole world. 10 Therefore, the
requiring that the titles to any lands "be settled and lot in dispute can properly be considered as a
adjudicated." (Section 1 Cadastral Act [No. 2259] paraphernal property of Petra Unating. 11
Government of the Philippine Islands v. Abural, 39
Phil. 996 [1919]. - Concededly, properties acquired during the
- It is a proceeding in rem somewhat akin to a judicial marriage are presumed to be conjugal. However,
inquiry and investigation leading to a judicial this prima facie presumption cannot prevail over the
decree. (Director of Lands v. Roman Archbishop of cadastral court’s specific finding, reached in
Manila, 41 Phil. 120 [1920]). adversarial proceedings, that the lot was inherited
by Petra Unating from her mother. Noteworthy is the
3. OUTCOME OF PROCEEDINGS IS A PREJUDICIAL QUESTION; fact that the parties do not assail the validity of the
CASE AT BAR. — Considering therefore, the nature and cadastral court’s Decision. The 1980 reconstitution of
purpose of the cadastral proceedings, the outcome of said the title to the lot in the name of "Petra Unating, 40
proceedings becomes a prejudicial question which must be years old, married to Aquilino Villar, Filipino and
addressed in the resolution of the instant case. resident of Ivisan, Capiz, having inherited said lot
- Technically, a prejudicial question shall not rise in the from her mother Margarita Argamaso . . ." was
instant case since the two actions involved are both notice to the world, including her heirs and
civil in nature. successors-in-interest, that it belonged to Petra as
- However, we have to consider the fact that the her paraphernal property. Thus, the words "married
cadastral proceedings will ultimately settle the real to" were merely descriptive of Petra Unating’s status
owner/s of the disputed parcel of land. at the time the lot was awarded and registered in
her name.
4. W/N writ of possession and writ of demolition by the
petitioner Judge in the ejectment because of the pending
Cadastral proceeding
4. YES
- In case respondent Vicente Medina is adjudged the
Gimeno vs. Court of Appeals, L-22747, December
real owner of the parcel of land, then the writ of
29, 1977.
possession and writ of demolition would necessarily
be null and void. Not only that. The demolition of the
1. W/N petitioner can overthrow validly can overthrow the
constructions in the parcel of land would prove truly
homestead patent issued under OCT 1354.
unjust to the private respondents. Parenthetically,
1. NO
the issuance of the writ of possession and writ of
- There is no gainsaying the fact that the plaintiffs’
demolition by the petitioner Judge in the ejectment
evidence falls far short of the required quantum and
proceedings was premature. What the petitioner
quality that can overthrow the homestead patent
JUDGE should have done was to stop the
issued under OCT 1354 which, as mentioned
proceedings in the instant case and wait for the final
heretofore, has been in existence, unassailed for
outcome of the cadastral proceedings.
more than 22 years prior to the institution of the
present action.
2. W/N homestead patent is indefeasible
Pisueña vs. Heirs of Petra Unating, G.R. No. 2. YES, it is indefeasible
132803. August 31, 1999. - The Nieto case has no application to the present
action In Nieto two certificates of title were issued —
1. W/N Paraphernal or Conjugal? Whether the phrase “having one based on a homestead patent while the other
inherited said lot from her mother Margarita Argamaso”, was obtained through a cadastral proceeding, and
found in the dispositive portion of the Decision of the Court of the issue was which of the two registrations already
First Instance, a mere obiter. effected and secured should prevail.
1. Paraphernal - In this case of the Gimenos all that is involved is the
- Thus, the finding of the cadastral court that Petra latter’s claim that the homestead patentee, Brigido
Unating inherited the lot in question from her mother Cartagena, agreed way back in 1926 to convey to
cannot be dismissed as an obiter, which is "an the Gimenos two hectares of that homestead,
4
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5
• __
6
• __
Examining the IPRA, there is nothing in the law that grants to the Economic Zone Authority vs. Carantes, G.R. No. 181274. June
ICCs/IPs ownership over the natural resources within their 23, 2010.]
ancestral domain. As holders of a CALC, respondents possess no greater rights than
those enumerated in Par. 1, Section 2, Article VII of DENR
Department Administrative Order (DAO) No. 02, Series of 1993:
Ownership over the natural resources in the ancestral domains
remains with the State and the rights granted by the IPRA to the
ICCs/IPs over the natural resources in their ancestral domains SECTION 2. Rights and Responsibilities of Ancestral Land
merely gives them, as owners and occupants of the land on Claimants –
1. Rights
which the resources are found, the right to the small scale
utilization of these resources, and at the same time, a priority in 1. The right to peacefully occupy and cultivate the
their large scale development and exploitation. [In Cruz vs. land, and utilize the natural resources therein,
Secretary of Environment and Natural Resources, G.R. No. subject to existing laws, rules and regulations
135385. December 6, 2000] applicable thereto;
Who are ICC’s/IP’s? 2. The right of the heirs to succeed to the claims
A. Indigenous Peoples subject to existing rules and regulations;
The term "ICCs" is used in the 1987 Constitution while that of "IPs"
is the contemporary international language in the International 3. The right to exclude from the claim any other
Labor Organization (ILO) Convention 16941 and the United person who does not belong to the family or clan;
Nations (UN) Draft Declaration on the Rights of Indigenous and
Peoples.
4. The right to utilize trees and other forest products
B. ICCs/IPs are defined by the IPRA as: inside the ancestral land subject to these rules as
"Sec. 3 [h]. Indigenous Cultural Communities/ Indigenous Peoples well as customary laws. (Emphasis supplied.)
-
- refer to a group of people or homogeneous societies Respondents being holders of a mere CALC, their right to possess
identified by self-ascription and ascription by others, the subject land is limited to occupation in relation to cultivation.
who have continuously lived as organized community Unlike No. 1,26 Par. 1, Section 1, Article VII of the same DENR
on communally bounded and defined territory, and DAO, which expressly allows ancestral domain claimants to
who have, under claims of ownership since time reside peacefully within the domain, nothing in Section 2 grants
immemorial, occupied, possessed and utilized such ancestral land claimants a similar right, much less the right to
territories, sharing common bonds of language, build permanent structures on ancestral lands – an act of
customs, traditions and other distinctive cultural traits, ownership that pertains to one (1) who has a recognized right by
or who have, through resistance to political, social and virtue of a Certificate of Ancestral Land Title. On this score alone,
cultural inroads of colonization, non-indigenous respondents’ action for injunction must fail.
religions and cultures, became historically
differentiated from the majority of Filipinos. HENCE: From the foregoing disquisition, it clearly appears that
- ICCs/IPs shall likewise include peoples who are respondents likewise failed to satisfy the second requisite in order
regarded as indigenous on account of their descent that an injunction may issue: that the acts against which the
from the populations which inhabited the country, at injunction is to be directed, are violative of said right. PEZA acted
the time of conquest or colonization, or at the time of well within its functions when it demanded the demolition of the
inroads of non-indigenous religions and cultures, or the structures which respondents had put up without first securing
establishment of present state boundaries, who retain building and fencing permits from the Authority. [Philippine
some or all of their own social, economic, cultural and Economic Zone Authority vs. Carantes, G.R. No. 181274. June
political institutions, but who may have been displaced 23, 2010.]
from their traditional domains or who may have
resettled outside their ancestral domains." 1. Whether or not NCIP has jurisdiction to issue has the authority
- [In Cruz vs. Secretary of Environment and Natural to issue temporary restraining orders and writs of injunction [City
Resources, G.R. No. 135385. December 6, 2000]
Government of Baguio City vs. Masweng, G.R. No.
Who are ICC’s/IP’s? 180206, February 4, 2009.]
Indigenous cultural communities is a marginalized sector YES
- The Indigenous Peoples Rights Act of 1997, as a The Court held that the NCIP is the primary government agency
culminating measure to affirm the views and opinions responsible for the formulation and implementation of policies,
of indigenous peoples and ethnic minorities on matters plans and programs to protect and promote the rights and
that affect their life and culture.56 The provisions of that well-being o indigenous cultural communities/indigenous
law unify an otherwise fragmented account of peoples (ICCs/IPs) and the recognition of their ancestral
constitutional, jurisprudential and statutory doctrine domains as well as their rights thereto. In order to fully actuated
which enjoins the organs of government to be vigilant mandate, the NCIP is vested with jurisdiction over all claims and
for the protection of indigenous cultural communities disputes involving the rights of ICCs/IPs. The only condition
as a marginalized sector,57 to protect their ancestral precedent to the NCIP assumption of jurisdiction over such
domain and ancestral lands and ensure their disputes is that the parties thereto shall have exhausted all
economic, social, and cultural well-being,58 and to remedies provided under their customary laws and have
guard their patrimony from those inclined to prey upon obtained a certificate from the Council of Elders/Leaders who
their ignorance or ductility.59 [Heirs of Dicman vs. participated in the attempt to settle the dispute that the same
Cariño, G.R. No. 146459. June 8, 2006. ] has not been resolved
Who are the rights of ICC’s/IP’s who has receive CALC? Do they In addition, NCIP Administrative Circular No. 1-03 dated April 9,
have the right to build structures upon their land? [Philippine 2003, known as theRules on Pleadings, Practice and Procedure
before the NCIP, reiterates the jurisdiction of the NCIP over
7
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claims and disputes involving ancestral lands and enumerates andGumangan families, the predecessors-in-interest of
the actions that may be brought before the commission. Sec. 5, private respondents, as claimants of a portion of the Busol
Rule III. Forest Reservation but does not acknowledge vested rights
over the same. In fact,Proclamation No. 15 explicitly
Therefore, since based on the allegations of the respondents, withdraws the Busol Forest Reservation from sale or
they are members of theIbaloi tribe who first settled in Baguio settlement.It provides that pursuant to the provisions of
City claiming ownership of the property subject of the case as section eighteen hundred and twenty-six of Act Numbered
an ancestral land clearly then, the allegations in the petition, Twenty-seven Hundred and eleven [,] I hereby establish the
which axiomatically determine the nature of the action and the Busol Forest Reservation To be administered by the Bureau
jurisdiction of a particular tribunal, squarely qualify as a of Forestry for the purpose of conserving and protecting
"dispute(s) or controversy(s) over ancestral lands/domains of water and timber, the protection of the water supply being of
ICCs/IPs" within the original and exclusive jurisdiction of the primary importance and all other uses of the forest are to be
NCIP-RHO. subordinated to that purpose.
RULE III- JURISDICTION
3. W/N restraining order or preliminary injunction may be issued
Section 5. Jurisdiction of the NCIP.
The NCIP through its Regional Hearing Offices shall exercise by any inferior court against the National Commission on
jurisdiction over all claims and disputes involving rights of Indigenous Peoples (NCIP). [City Government of Baguio City vs.
ICCs/IPs and all cases pertaining to the implementation, Masweng, G.R. No. 180206, February 4, 2009.]
enforcement, and interpretation of R.A. 8371, including but No restraining order or preliminary injunction may be issued by
not limited to the following: any inferior court against the National Commission on
Indigenous Peoples (NCIP). In order to reinforce the powers of
(1) Original and Exclusive Jurisdiction of the RHO:
a. Cases involving disputes and controversies over ancestral the NCIP, the IPRA even provides that no restraining order or
lands/domains of ICCs/IPs; preliminary injunction may be issued by any inferior court against
b. Cases involving violations of the requirement of free and the NCIP
prior and informed consent of ICCs/IPs; - As can be gleaned from the foregoing provisions, the
c. Actions for enforcement of decisions of ICCs/IPs involving NCIP may issue temporary restraining orders and writs
violations of customary laws or desecration of ceremonial of injunction without any prohibition against the
sites, sacred places, or rituals;
issuance of the writ when the main action is for
d. Actions for redemption/reconveyance under Section 8(b)
of R.A. 8371; and 2 e. Such other cases analogous to the injunction. The power to issue temporary restraining
foregoing. orders or writs of injunction allows parties to a dispute
over which the NCIP has jurisdiction to seek relief
(2) Original Jurisdiction of the Regional Hearing Office: against any action which may cause them grave or
a. Cases affecting property rights, claims of ownership, irreparable damage or injury. In this case, the Regional
hereditary succession, and settlement of land disputes,
Hearing Officer issued the injunctive writ because its
between and among ICCs/IPs that have not been settled
under customary laws; and jurisdiction was called upon to protect and preserve
b. Actions for damages arising out of any violation of Republic the rights of private respondents who are undoubtedly
Act No. 8371 members of ICCs/IPs.
- Parenthetically, in order to reinforce the powers of the
(3) Exclusive and Original Jurisdiction of the Commission: a. NCIP, the IPRA even provides that no restraining order
Petition for cancellation of Certificate of Ancestral Domain or preliminary injunction may be issued by any inferior
Titles/Certificate of Ancestral Land Titles (CADTs/CALTs)
court against the NCIP in any case, dispute or
alleged to have been fraudulently acquired by, and issued
to, any person or community as provided for under Section 54 controversy arising from or necessary to the
of R. A. 8371. Provided that such action is filed within one (1) interpretation of the IPRA and other laws relating to
year from the date of registration. ICCs/IPs and ancestral domains.17
2. W/N NCIP can issue TEMPORARY RESTRAINING ORDER and
support the Respondents (Masweng) right to claim over the
property (Busol Watershed Reservation) [City Government of
Baguio City vs. Masweng, G.R. No. 180206, February 4, 2009.]
YES, it authority to issue such but the respondents are not entitled
- All told, although the NCIP has the authority to issue
temporary restraining orders and writs of injunction, we are
not convinced that private respondents are entitled to the
relief granted by the Commission
- The fact remains, too, that the Busol Forest Reservation was
declared by theCourt as inalienable in Heirs of Gumangan v.
Court of Appeals.The declaration of theBusol Forest
Reservation as such precludes its conversion into private
property.
- Proclamation No. 15, however, does not appear to be a
definitive recognition of private respondents' ancestral land
claim. The proclamation merely identifies the Molintas
8
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so. The registration by appellants of the sale in their favor was
ACT 3344 UNREGISTERED LAND made under Act 3344, which refers to properties not registered
under the Land Registration Act, and hence was not effective
---------------------------------------------------------
for purposes of Article 1544 of the Civil Code. Registration of
NOTES: A CT 3344 instruments, in order to affect and bind the land, must be done in
the proper registry (Secs. 50 and 51, Act 496).
What does it govern?
- Section 50 An owner of registered land may convey,
Registration on the proper registry
mortgage, lease, charge, or otherwise deal with the
same as fully as if it had not been registered. He may
Can instruments (e.g. of sale) of unregistered land still be use forms of deeds, mortgages leases, or other
registered outside Torrens System? (e.g. via ACT 3344) voluntary instruments like those now in use and
Under Section 113 of PD 1529 Recording of instruments relating sufficient in law for the purpose intended. But no deed,
to unregistered lands. mortgage, lease, or other voluntary instrument, except
- No deed, conveyance, mortgage, lease, or other a will, purporting to convey or affect registered land,
voluntary instrument affecting land not registered under shall take effect as a conveyance or bind the land, but
the Torrens system shall be valid, shall operate only as a contract between the parties
- EXCEPTION: except as between the parties and as evidence of authority to the clerk or register of
thereto, deeds to make registration. The act of registration shall
- EXCEPTION: unless such instrument shall have be the operative act to convey and affect the land,
been recorded in the manner herein and in all cases under this Act the registration shall be
prescribed in the office of the Register of
made in the office of register of deeds for the province
Deeds for the province or city where the land
or provinces or city where the land lies.
lies..
- Superseded Section 51 Every conveyance, mortgage,
lease, lien, attachment, order, decree, instrument, or
1. May a winning party in a land registration case effectively
entry affecting registered land which would under
eject the possessor thereof? [Soriano vs. Heirs of Domingo
existing laws, or recorded, filed, or entered in the office
Magali, No. L-15133. July 31, 1963.]
of the register of deeds, affect the real estate to which
1. No. Possession and ownership are distinct legal concepts.
it relates shall, if registered, filed, or entered in the office
- Possession is the holding of a thing or the enjoyment of
of the register of deeds in the province or city where
a right. Literally, to possess means to actually and
the real estate to which such instrument relates lies, be
physically occupy a thing with or without right. A
notice to all persons from the time of such registering,
judgment of ownership does not necessarily include
filing, or entering. Superseded
possession as a necessary incident. Such declaration
pertains only to OWNERSHIP and does not 1. W/N in a proceeding in rem it is necessary for Court of Land
automatically include possession. This is especially true Registration (CLR) to give personal notice to each of the
in the case at bar wherein petitioner is occupying the appellants. [Roxas vs. Enriquez, No. 8539. December 24, 1914.]
land allegedly in the concept of an agricultural tenant. 1. NO. Courts have held that in actions in rem personal notice to
The court says “allegedly” due to the fact that there is owners of a res is not necessary to give the courts jurisdiction to
still a pending case in the DARAB (Department of deal with and to dispose of the res. (Grey Alba vs. De la Cruz, 17
Agrarian Reform and Adjudication Board) on the issue. Phil. Rep., 49; Tyler vs. Judges, 175 Mass., 71; American Land
The issue of ownership of the subject land has been laid Company vs. Zeis, 219 U.S., 47.)
to rest by final judgment; however the right of - Contrary to the position of the appellants, personal
possession is yet to be resolved. The Tenancy Act, notice was not absolutely necessary in order to justify
which protects the rights of agricultural tenants, may the court’s action of rendering a decree in favor of
limit the exercise of rights by the lawful owners. The Roxas. The Court stated that personal notice of the
exercise of the rights of ownership yields to the exercise pendency of the original petition had been given and
of the rights of an agricultural tenant. Since the rights of that a publication of the same had been made in
Soriano to possess the land are still pending litigation in accordance with the provisions of sections 31 and 32 of
the DARAB he is protected from dispossession of the Act No. 496. After the expiration of the period during
land until final judgment of said court unless Soriano’s which notice must be given, the original cause was set
occupancy is found by the court to be unlawful. down for hearing. Furthermore, Section 32 (Act No. 496)
provides that: "The court shall, so far as it deems it
2. W/N the instrument of sale in favor of the Appellants possible, require proof of actual notice to all the
registered under ACT 3344 is effective, despite it never being adjoining owners and to all persons who appear to
registered and annotated on said O.C.T. No. 51878. [Soriano vs. have an interest in or claim to the land included in the
Heirs of Domingo Magali, No. L-15133. July 31, 1963.] application." It will be noted also that the petitioner in
2. NO, it is not effective. This case, therefore, should be resolved registration cases is not by law required to give any
in the light of the law governing double sale of the same notice to any person. Lastly, the proceedings for the
property. Article 1473 of the old Civil Code, now Article 1544, registration of land, under Act No. 496, are in rem and
provides that if immovable property is sold to different vendees not in personam. A proceeding in rem, dealing with a
the ownership shall belong to the person acquiring it who in tangible res, may be instituted and carried to judgment
good faith first recorded it in the registry of property; and should without personal service upon the claimants within the
there be no inscription the ownership shall pertain to the person state or notice by name to those outside of it.
who in good faith was first in the possession. Appellees obtained Jurisdiction is secured by the power of the court over
possession of the land in good faith in 1944; appellants never did the res. Logically speaking, to require personal notice
9
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10
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2. W/N Revilla and Fajardo has better rights of the property - Moreover, defendant-appellant asserts that
over Galindez. plaintiffs-appellees are nothing more than trustees of
2. NO. They both lack in good faith. The first sale was in favor Lot No. 4763-D in favor of defendant-appellant
of the defendant, and never registered, although from the MCIAA, being merely successors-in-interest of the
time the land was mortgaged to him up to the present, he original owners, spouses Julian Cuison and Marcosa
has been in uninterrupted possession of the land. But since it is Cosef, who undertook in paragraph 4 of the Deed of
a registered land, defendant-appellee certainly cannot claim Absolute Sale, to assist in the reconstitution of title so
title by acquisitive prescription. that the land may be registered in the name of
- To successfully bind the land, he should have vendee government, through defendant-appellant
registered the sale in his favor. By reason of his failure MCIAA. In paragraph 5 of the same Deed of
to do so, the sale operated only as a contract Absolute Sale, the parties also agreed that the
between him and the vendor, Florencio Gasmeña, property be registered under Act 3344 pending the
and as evidence of authority to the Register of reconstitution and issuance of title.
Deeds to make registration. - Consequently, the fact that petitioner MCIAA was
- Florencio Gasmeña and his heirs were able to register its Deed of Absolute Sale under Act
bound to respect the contract, but No. 3344 is of no moment, as the property subject of
innocent third persons cannot be affected the sale is indisputably registered land. Section 50 of
thereby. Unquestionably, the sale in favor Act No. 496 in fact categorically states that it is the
of plaintiffs was a registered one, and a act of registration that shall operate to convey and
certificate of title was issued to them. affect the land; absent any such registration, the
- The point of inquiry is whether they are purchasers in instrument executed by the parties remains only as a
good faith. An examination of Alipio Gasmeña's contract between them and as evidence of
certificate of title would likewise have yielded the authority to the clerk or register of deeds to make
fact that said portion of land had been mortgaged registration, viz.:
to defendant. All these circumstances were - SECTION 50. An owner of registered land may
sufficient to warn plaintiffs that their transferors did convey, mortgage, lease, charge, or otherwise deal
not have clean title to the land. Their failure to make with the same as fully as if it had not been
the investigations required by the circumstances registered. He may use forms of deeds, mortgages,
constitutes lack of good faith. leases, or other voluntary instruments like those now
- Not being purchasers in good faith,plaintiffs in use and sufficient in law for the purpose intended.
are clearly not entitled to the rights of a But no deed, mortgage, lease, or other voluntary
registered owner. 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
3. If both lack good faith, what will be the basis and whom as a contract between the parties and as evidence
should the property belong to? of authority to the clerk or register of deeds to make
3. Neither of the vendees having registered their respective registration. The act of registration shall be the
sales in good faith, their right to the property must be operative act to convey and affect the land, and in
determined by the priority of possession. all cases under this Act the registration shall be
- Where the same immovable property was sold to made in the office of register of deeds for the
two different persons neither of whom recorded the province or provinces or city where the land lies.
transfer in good faith, ownership shall pertain to the (italics supplied)
person who in good faith was first in the possession
(Article 1544, N.C.C.; Article 1473, O.C.C.).
- The lot, therefore properly belongs to 2. W/N Respondent purchasers Sps Tirol may be considered
defendant-appellee. innocent purchasers for value and in good faith against
MCIAA claim.
2. YES
- Under the established principles of land registration,
Mactan-Cebu International Airport Authority vs. Tirol, G.R. No. a person dealing with registered land may generally
171535, June 5, 2009. rely on the correctness of a certificate of title and
the law will in no way oblige him to go beyond it to
1. W/N the instrument Deed of Absolute Sale relating to determine the legal status of the property, except
MCIAA first executed registered under ACT 3344 is effective. when the party concerned has actual knowledge of
W/N sale not correctly registered is binding only between the facts and circumstances that would impel a
seller and the buyer and may not affect innocent third reasonably cautious man to make such inquiry.
persons. Applying this standard to the facts of this case, we
1. NO, respondents may not be characterized as buyers in rule that respondents exercised the required
bad faith for having bought the property notwithstanding the diligence in ascertaining the legal condition of the
registration of the first Deed of Absolute Sale under Act No. title to the subject property as to be considered
3344. An improper registration is no registration at all. Likewise, innocent purchasers for value and in good faith.
a sale that is not correctly registered is binding only between
the seller and the buyer, but it does not affect innocent third
persons. In Director of Lands v. Santiago, No. L-41278. April 15, 1988.
11
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1. W/N respondent Judge Santiago erred in Admitting the filed, for such an interpretation would be nothing less
Amended Application for Registration and adjudicating the than illogical, unwarranted, and unjust
parcels of land in favor of respondent corporation, - The opposition or answer filed by the Director of
1. YES, Judge Santiago, the lower court gravely abused its Lands, which is based on substantial grounds, having
discretion when it granted the respondent corporation’s been formally filed prior to the issuance of the
application for registration, Notice of Initial Hearing, it was improper for the
- without sufficient proof that the applicant possessed respondent Judge taking cognizance of such
an imperfect and incomplete title that is registrable registration case to declare the oppositor in default
under Sec. 48, par. b, of Commonwealth Act 141, as simply because he failed to appear on the day set
amended by Republic Act 6236, otherwise known as for the initial hearing. The declaration of default
the Public Land Act. against the petitioner was patently invalid because
- Verily, we said in Director of Lands vs. Intermediate when the same was made, he had already entered
Appellate Court that: "No proof being admissible to an appearance and filed his opposition or answer.
overcome a conclusive presumption, confirmation - Especially in this case where the greater public
proceedings would, in truth, be little more than interest is involved as the land sought to be
formality, at the most limited to ascertaining whether registered is alleged to be public land, the
the possession claimed is of the required character respondent Judge should have received the
and length of time; and registration thereunder applicant’s evidence and set another date for the
would not confer title, but simply recognize a title reception of the oppositor’s evidence. The oppositor
already vested." in the Court below and petitioner herein should
- But precisely we are not convinced with the have been accorded ample opportunity to establish
conclusion of the respondent Judge and with the the government’s claim.
arguments of the respondent corporation that the
latter, through its predecessors-in- interest, has been 3. W/N respondent Judge Santiago erred in Denying the
in open, continuous, exclusive, and notorious petitioner’s Motion for New Trial.;
possession and occupation of agricultural lands of 3. YES Judge Santiago erred in denying the petitioner’s Motion
the public domain, under a bona fide claim of for New Trial,
acquisition or ownership, for at least thirty years. - The respondent Judge, in denying the petitioner’s
- even on the assumption that the applicant herein, Motion for New Trial, ignored the established rule
through its predecessors-in-interest, had been in that courts should be liberal in setting aside a default
possession for at least thirty years, such possession judgment. “The Court, in the exercise of wise
never ripened into private ownership. discretion, could have restored their standing in
- In view of the basic presumption that lands of court and given them an even chance to face their
whatever clasification belong to the State, courts opponents.
must scrutinize with care applications to private - Tthe Supreme Court no longer deem it imperative to
ownership of real estate. But this the respondent order a new trial of this case which would only
Judge sadly failed to heed; the tax declarations and prolong the litigation unnecessarily, for as it said in a
plans submitted by the private respondents were not recent case, the remand of a case to the lower
carefully analyzed, and the allegations in the court for Lither reception of evidence is not
petitioner's opposition to the application were so necessary where the court is in a position to resolve
casually ignored. the dispute based on the records before on the
- WHEREFORE, in view of the foregoing, the petition is records before it.
GRANTED; the Order of general default, dated - In view of the basic presumption that lands of
January 23, 1975, as against the petitioner, and the whatever classification belong to the State, courts
Order dated August 7, 1975 denying the Motion For must scrutinize with care applications to private
New Trial, the Decision dated February 17, 1975, as ownership of real estate. But this the respondent
well as the decree of registration issued pursuant Judge sadly failed to heed; the tax declarations and
thereto, if any, are all declared VOID and SET ASIDE. plans submitted by the private respondents were not
The respondent corporation's subject application for carefully analyzed, and the allegations in the
land registration is hereby DISMISSED. No costs. petitioner’s opposition to the application were so
- casually ignored.
2. W/N respondent Judge Santiago erred in Declaring the
Director of Lands in default,
2. YES Judge Santiago erred in declaring the oppositor in
default simply because he failed to appear on the day set for
the initial hearing.
- The pertinent provision of law which states: “If no
person appears and answers within the time
allowed, the court may at once upon motion of the
applicant, no reason to the contrary appearing,
order a general default to be recorded …,” cannot
be interpreted to mean that the court can just
disregard the answer before it, which has long been
12
• __
13
• __
14
be filed with the appropriate R TC of the province where the
ACT 496 LAND REGISTRATION ACT land is declared for taxation purposes, if the boundaries are
not defined, a separate plan for each portion must be
prepared by the surveyor, and a separate application for
each lot must be filed with (Laws and Jurisprudence on Land
Ordinary Procedure, Requisites Registration, Environment & Natural Resources, Marissa B. dela
Cruz-Galandines, Ferdinand M. Deechavez, p. 301)
------------------------------------------------------
NOTES: What is the reason behind the requirements for registration of
lands
For an applicant to have this imperfect or incomplete title or The reason for this was explained in the case of Fenes PS.
claim to a land to be originally registered under Act 496, the Vasquez - an application for registration of land is required to
several requisites should all be satisfied; contain, among others, a description of the land subject of
the proceeding, the name, status and address of the
(1) Survey of land by the Bureau of Lands applicant, as well as the names and addresses of all
occupants of the land and of all adjoining owners, if known,
or a duly licensed private surveyor;
or if unknown, of' the steps taken to locate them. SVIhen the
application is set by the court for initial hearing, it is then that
WHAT IS A SURVEY?:
notice (of the hearing), addressed to all persons appearing to
Survey is the process by which a parcel of land is measured
have an interest in the lot being registered and the adjoining
and its boundaries and contents ascertained, also a map,
owners, and indicating the location, boundaries and
plat or statement of the result of such survey, with the courses
technical description of the land being registered, shall be
and distances and the quantity of the land. (Heirs of
published in the Official Gazette for two consecutive times
Margarito Pabaus vs. Heirs of Amanda Yutiamco, G.R. No.
(Republic of the Philippines, vs. Jessie I. Legaspi, G.R. No.
2010 164356. July 27, 2011
182913. November 20, 2013)
Can a survey without the approval of the Director of Lands
stand? (3) Setting of the date for the initial
No plan or survey may be admitted in land registration hearing of the application by the Court;
proceedings until approved by the Director of Lands. The
submission of the plan is a statutory requirement of mandatory
character. Unless a plan and its technical description are duly When should the initial hearing be?
approved by the Director of Lands, the same are of no value. Section 23 PD 1529, the initial hearing of the case must be not
(University of the Philippine vs Rosario, GR. NO. 136965, earlier than forty-five (45) days and not later than ninety (90)
MARCH 28, 2001) days from the date of the Order setting the date and hour of
the initial hearing.
What is a tracing cloth, is it a mandatory requirement for Who has the duty of setting the date of initial hearing?
registration? With respect to the setting of the initial hearing outside the
Indeed, the submission of the tracing cloth is a mandatory 90-day period set forth under Section 23 of P.D. 1529, the
requirement for registration. Court agrees with the CA in ruling that the setting of the initial
- EXCEPTION Possible alternatives: However, it was hearing is the duty of the land registration court and not the
held that while the best evidence to identify a piece applicant. (Republic of the Philippines, vs. Hanover Worldwide
of land for registration purposes is the original tracing Trading Corporation, G.R. No. 172102, July 2, 2010)
cloth plan from the Bureau of Lands, blue print
copies and other evidence could also provide (4) Transmittal of the application and the
sufficient identification. Generose R. Generoso, vs.
Republic of the Philippines, GR. No. 160421. October
date of the initial hearing together with
4, 2004) all the documents or other evidences
attached thereto by the Clerk of Court
(2) Filing an application for registration by to the Land Registration Commission;
the applicant;
Who has jurisdiction for filing an application for registration by (5) Publication of a notice of the filing of
the applicant
The Regional Trial Court now has the authority to act not only the application and the date and place
on applications for original registration, but also on all petitions of the hearing in the Official Gazette;
filed after the original registration of title, and coupled with
this authority is the power to hear and determine all questions
Is publication mandatory?
arising upon such applications Of petitions. (Talusan vs. Tayag,
P.D. 1529 Section 23 provides that:
GR. No. 133698. April 4, 2001)
The public shall be given notice of the initial hearing of the
When you apply for registration what is your responsibility with application for land registration by means of
the Bureau of lands (1) publication
The Bureau of Lands must always be furnished with a copy of (2) mailing
the petition and all pertinent document. If the land is situated (3) posting
between boundaries of two provinces, the application must
• __
The said word denotes an imperative and thus indicates the
mandatory character of a statute. (Director of Lands vs. Court What does “"Claim of Ownership"” mean?
of Appeals, G.R. No. 102858. July 28, 1997) The term ''claim" in the phrase "claim of ownership" document
of any sort. It is an attitude towards something. The phrase
What is the effect of defective publication "claim of ownership" means "the possession of a piece of
The Republic is correct that in land registration case, property with the intention of claiming it in hostility to the true
publication of the notice of initial hearing is a jurisdictional owner. It is also defined as "a party's manifest intention to take
requirement and non-compliance therewith affects the over land, regardless of title or right." (Alvarez PS. PICOP
jurisdiction of the court. The purpose of publication of the Resources, Inc., December 3, 2009)
notice is to require all persons concerned, who may have any
rights or interests in the property applied for, to appear in
court at a certain date and time to show cause why the What if the opposition only has written appearance, will this
application should not be granted. (In Re: Application for make his opposition fail?
Land Registration of Title, Fieldman Agricultural Trading The written appearance with opposition presented by
Corporation vs. Republic, G.R. No. 147359. March 28, 2008) petitioner in the case at bar against the applicants for
registration of land, was a valid one and sufficient to give him
a legal standing in court and would entitle him to notice, as a
Land registration is a proceeding in rem and jurisdiction in rem matter of right. The lower court erred in having chosen to
cannot be acquired unless there be constructive seizure of ignore the written appearance with opposition, which was a
the land through publication and service of notice. x x x. substantial compliance with the law, that requires a formal
- CONSEQUENCE: Hence, the decision of 18 answer. (Nicolas vs. Director Lands, GR Nos. L-19147-48.
September 1925 of the land registration court was December 28, 1963)
void for want of the required publications. (Republic
vs. Court of Appeals, G.R. 113549. July 5, 1996) What is the effect of failure to opposite a registration
It has been held that a claimant having failed to present his
answer or objection to the registration of a parcel of land
under the Torrens System or to question the validity of such
(6) Service of notice upon contiguous registration within a period of one year after the certificate of
owners, occupants and those known to title had been issued, had forever lost his right in said land
have interests in the property by the even granting that he had any right therein. (Esconde vs.
Barlongay, No. L-67583. July 31, 1987)
sheriff;
BASIS
Section 15 of Presidential Decree No. 1529 is explicit in
NOTE ON OPPOSITION: Although section 34 of Act No. 496
requinng that in the application for registration of land titles,
apparently authorizes any person claiming any kind of interest
the application "shall also state the full names and addresses
to file an opposition to an application for registration, the
of all occupants of the land and those of the adjoining owners
opposition should be based on a right of dominion or some
if known, and if not known, it shall state the extent of the
other real right independent, of, and not at all subordinate to
search made to find them.
the rights of the Government. (Leyva vs. Jandoc, No. L-16965.
- A mere statement of the lack of knowledge of the
February 28, 1962)
names of the occupants and adjoining owners is not
sufficient but "what each has been made to find
them is necessary." x x x Such omission cannot be (8) Hearing of the case by the Court;
deliberate misrepresentation constituting fraud, a
basis for allowing a petition for review of judgment. BASIS:
(Divina vs Court of Appeals, G.R. NO. 117734.22 After the corresponding number of days required for
February 2001) responsive pleading has elapsed, the Court of First Instance in
which the application was filed shall conduct a hearing
thereon. After said hearing, in which the Bureau Of Lands,
(7) Filing of answer to the application by represented by the Solicitor General, and others who appear
any person whether named in the notice to have interest therein, were given the opportunity to contest
or not; the petition, the Court shall issue the corresponding final
decree that would serve as the basis for the issuance by the
Register of Deeds of an original certificate of title. (Joson
BASIS, until when can a person with interest file an opposition?
Secretary of Agriculture and Resources)
In P.D. 1529 Sec. 25 of the Land Registration Act provides that:
Any person claiming an interest, whether named in the notice
Who has the burden of proof?
or not, may appear and file an opposition on or before the
In resolving the issues raised in the respective assignments of
date of initial hearing,
errors of the parties in these appeals, we start with the settled
- or within such further time as may be allowed by the
rule that the burden of proof in land registration cases is upon
court.
the applicant.
What is an order of default? If no person appears and
Who else may file an opposition?
answers within the time allowed, the court shall, upon motion
Persons, who claim to be in possession or a tract of public
of the applicant, no reason to the contrary appearing, order
land and who have applied to the Bureau of Lands for its
a default to be recorded and require the applicant to
purchase, may oppose its registration under section 48 of the
present evidence. By the description in the notice "El'o all
Public Land Law. (Heirs of Pelagio Zara, vs. Director of Lands,
Whom It May Concern", all the world are made parties
Director of Forestry, No. L-19535, July 10, 1967)
defendant and shall be concluded by the default order.
1
• __
- Where an appearance has been entered and an (4) there must be, between the first and the second action,
answer filed, a default order shall be entered identity of parties, of subject matter and of causes of action.
against persons who did not appear and answer. (Topacio vs. Bonco Filipino Savings and Mortage Bank, G.R.
(Section 26 of P.D. 1529) No. 157644. November 17, 2010)
What is the responsibility of the land registration court in orders What is the effect of failure to raise the defense of res judicata
of default? in land registration cases?
When a land registration court issues an order of default, it is Thus, the defense of res adjudicata when not set up either in a
presumed to regularly perform its task in accordance with law motion to dismiss or in answer, is deemed waived. It cannot
especially with regard to notice requirements. (Heirs of Pedro be pleaded for the first time at the trial or on appeal (Phil.
Lopez vs. De Castro, G.R. No. 112905, 3, 2000) Coal Miners' Union v. CEPOC, et al, 1-19007, April 30, 1964, 10
SCRA 784, 789).
Will a judge has the right to declare an oppositor in default What about a judgement dismissing an application for
when he fails to appear on the day set for initial hearing? registration of land, is it also covered by Res Judicata? How
Thus, the opposition or answer, which is based on substantial about a predecessor of an ancestor who was dismissed?
grounds, having been formally filed, it was improper for the A judgment dismissing an application for the registration of
respondent Judge taking cognizance of such registration land does not operate as a conclusive adiucation (res
case to declare the oppositor in default simply because he adjudicata) between the applicant and the opponent who
failed to appear on the day set for the initial hearing. (Director has successfully resisted the application.
of Lands vs. Santiago, No. L-41278. April 15, 1988) - As a consequence the applicant, or any person
deriving title from him, may institute another
proceeding for the registration of the same land;
(9) Promulgation of judgment by the - and
Court; - the fact that he or his predecessor in interest was
unsuccessful in the former proceeding does not
BASIS constitute a bar thereto. (Henson vs. Director of
Aimed at avoiding multiplicity of suits the change has Lands, GR No. 10812. March 26 1918)
simplified registration proceedings by conferring upon the
regional trial courts the authority to act not only on (10) Issuance of the decree by the Court
applications for original registration but also over all petitions
filed after original registration of title, with power to hear and declaring the decision final and
determine all questions arising upon such applications or instructing the Land Registration
petitions. (Ligon vs. Court of Appeals, G.R. No. 107751. June 1, Commission to issue a decree of
1995)
confirmation and registration;
What are the powers of the Court?
Land registration courts, as such, can now hear and decide BASIS
even controversial and contentious cases, as well as those After the judgment directing the registration of title to land
Involving substantial issues. When the lavv confers jurisdiction has become final, the court shall, within fifteen days from
upon a court, the latter is deemed to have all the necessary entry of judgment, issue an order directing the Commissioner
powers to exercise such jurisdiction to make it effective. It to issue the corresponding decree of registration and
may, therefore, hear and determine all questions that arise certificate of title. The clerk of court shall send, within fifteen
from a petition for registration. (SM Prime Holdings, Inc. vs. days from entry of judgment, certified copies of the judgment
Madayag, G.R. No. 164687. February 12, 2009) and of the order of the court directing the Commissioner to
issue the corresponding decree of registration and certificate
Does Res JUDICATA apply in Land Registration Cases? of title, and a certificate stating that the decision has not
Consequently, the decision dated September 30, 1940 of the been amended, reconsidered, nor appealed, and has
Cadastral Court declaring the land in question a public land become final. Thereupon, the Commissioner shall cause to be
has become final and conclusive. It has also acquired the prepared the decree of registration as well as the original and
status of res judicata. duplicate of the corresponding original certificate (Section 39
- It must be remembered that generally, the of P.D. 1529)
fundamental principle of res judicata applies to all
cases and proceedings, including land registration
Once a decision has become final and executory what is the
or cadastral proceedings.
responsibility of the Court
- The doctrine of res judicata precludes parties from
After a decision has become final and executory, it devolves
relitigating issues actually litigated and determined
on the land registration court and the Land Registration
by a prior and final judgment." (Director of Lands vs.
Commission to cause the issuance of a decree to the person
Estenzo, 165 SCRA 36, No. 1-35618 August 30, 1988)
adjudged entitled to registration or his successor-in-interest.
(Heirs of Cristobal Marcos vs. De Banuvar, 22110. September
What are the requisites for RES JUDICATA to apply?
28, 1968)
Res judicata applies in the concept of "bar by prior judgment"
if the following requisites concur:
When will adjudication of in a cadastral or land registration
(1) the former judgment or order must be final;
become final?
(2) the judgment or order must be on the merits;
(3) the decision must have been rendered by a court having
Petitioners' contention is not correct. Unlike ordinary civil
jurisdiction over the subject matter and the parties; and
actions, the adjudication of land in a cadastral or land
registration proceeding does not become final, in the sense
2
• __
of incontrovertibility until after the expiration of one (1) year Current doctrine, in the case of Development Bank of the
after the entry of the final decree of registration. (Gomez vs. Philippines v. Acting Register of Deeds of Nnepa Ecija, thus
Court of Appeals, No. L-77770. December 15, 1988), the seems to be that entry alone produces the effect of
decision remains under the control and sound discretion of registration, whether the transaction entered is a voluntary or
the court rendering it, which court, after hearing, may set an involuntary one, so long as the registrant has complied
aside the decision or decree and adjudicate the land to with all that is required of him for purposes of entry and
another party. (Cayanan vs. De Ios Santos, No. L-21150. annotation, and nothing more remains to be done but a duty
December 26, 1967) incumbent solely on the register of deeds. (NHA vs. BASA, G.R.
No. 149121, April 20, 2010)
Is there a deadline for the Curt to issue a decree?
For as long as a decree has not yet been transcribed (entered
in registration book of the RD), the court which adjudicated That view fails to find support from a consideration of entire
and ordered for the issuance of such decree continues to be context of said Section 56 which in another part also provides
clothed with jurisdiction." There is nothing in the law that limits that the instrument subject of a primary entry shall be
the period within which the Court may order or issue a regarded as registered from the time so noted and, at the
decree. (Republic vs. Heirs of Spouses Donato Sanchez and very least, gives such entry from the moment of its making the
Juana Meneses, GR. No. 212388. December 10, 2014) effect of putting the whole world on notice of the existence
the instrument on entered. Such effect (of registration) clearly
attaches to the mere making of the entry without regard to
(11) Entry of the decree of registration in
the subsequent step of annotating a memorandum of the
the Land Registration Commission; instrument subject of the entry on the certificate of title to
which it refers. (Development Bank of the Philippines v. Acting
BASIS Register of Deeds of Nueva Ecija UDK, No. 7671 June 23, 1988)
Upon receipt by the Register of Deeds of the original and
duplicate copies of the original certificate of title the same
shall be entered in his record book and shall be numbered, ---------------------------------------------------------
dated, signed and sealed by the Register of Deeds with the What are the Effect of Registration under P.D. 1529
seal of his office. Said certificate of title shall take effect upon
the date of entry thereof. The Register of Deeds shall forthwith Section 47. Registered land not subject to prescriptions. No title
send notice by mail to the registered owner that his owner's to registered land in derogation of the title of the registered
duplicate is ready for delivery to him upon payment of legal owner shall be acquired by prescription Of adverse possession.
fees. (Section 40 of P.D. 1529) Section 48. Certificate not subject to collateral attack A
certificate of title shall not be subject to collateral attack. It
cannot be altered, modified, or canceled except proceeding in
(12) Sending of copyof the decree of accordance with law.
registration to the corresponding Register
of Deeds;
BLANK
3
• __
time of such registering, filing or entering. the necessity of waiting in the portals of the court sitting in the
(Sec. 51, PD 1529) mirador de su casa to avoid the possibility of losing his land. The
certificate of title cannot be defeated by adverse, open and
notorious possession. Neither can it be defeated by prescription.
When is precise moment when title is considered registered in As provided under Sec. 47 of PD 1529, no title to rcgistcrcd land
the Torrens System? in derogation of the title of the registered owner shall be
acquired by prescription or adverse possession.
- It is when a decree has been entered and that an
original certificate of title was issued, the title was
transmitted to the Registry Office where the land is
Can “registered lands”/certificate of title still be defeated by
situated, and finally when that title is registered in the Collateral Attack
registration book of that registry office and signed by Section 48. Certificate not subject to collateral attack A
the Registrar of Deeds. certificate of title shall not be subject to collateral attack. It
cannot be altered, modified, or canceled except proceeding in
Unlike ordinary civil actions, the adjudication of land in a accordance with law.
cadastral or land registration proceeding does not become
final, in the sense of incontrovertibility until after the expiration of It is settled in this jurisdiction that the issue of the validity of title
one year after the entry of the final decree of registration. can only be assailed in an action expressly instituted for such
Therefore, as long as a final decree has not been entered by the purpose. A certificate of title cannot be attacked collaterally.—lt
Land Registration Commission (now NLTDRA) and the period of is settled in this jurisdiction that the issue of the validity of title can
one (1) year has not elapsed from the date of entry of such only be assailed in an action expressly instituted for such
purpose. A certificate of title cannot be attacked collaterally.
decree, the title is not finally adjudicated and the decision in the
This rule is provided under Section 48 of PD 1529 which states
registration proceeding continues to be under the control and
that: SEC. 48. Certificatc not subject to collateral. (Cosephine
sound discretion of the court (Ramos, vs. Rodriguez and LRA,
Wee vs. Felicidad Mardo, G.R.No.202414, June' 2014.)
May 29, 1995)
A Torrens title can be attacked only for fraud, within one year
Can Indefeasibility be assailed through an action for quieting of after the date of the issuance of the decree of registration. Such
title? attack must be direct, and not by a collateral proceeding. The
Indefeasibility cannot be assailed through an action for quieting title represented by the certificate cannot be changed, altered,
of title modified, enlarged, or diminished in a collateral proceeding. In
the same manner, in an action for quieting of title, the
The Court held that the validity of a certificate of title cannot be indefeasibility cannot be attacked, the Court held that the
assailed in an action for quieting of title; an action for annulment validity of a certificate of title cannot be assailed in an action for
of title is the more appropriate remedy to seek the cancellation quieting of title; an action for annulment of title is the more
Of a certificate of title. (Sotero Roy Leonero et al v. Sps. Barba, appropriate remedy to seek the cancellation of a certificate of
No. 159788, December 23, 2009) tide. Cosephine Wee v. Felicidad Mardo, GR No. 202414, June
04, 2014)
Can “registered lands” can still be subject to adverse possession What are the Exceptions to indefeasibility
or prescription? Acquisition in bad faith (Fraud and Forgery)
Section 47 Registered land not subject to prescriptions. No title to The principle of indefeasibility of a Torrens Title does not apply
registered land in derogation of the title of the registered owner where fraud attended the issuance of the title—the Torrens
shall be acquired by prescription or adverse possession. Title does not furnish a shield for fraud.—Petitioners also claim
that their tides are unassailable having acquired the same
pursuant to law. Again the Court does not agree. The
Can “registered lands”/certificate of title still be defeated by principle of indefeasibility of a Torrens Tide does not apply
Adverse Possession
where fraud attended the issuance of the title, as is
NO. (Section 47 of P.D. 1529)
conclusively established in this case. The Torrens Tide does not
Contrary to petitioner's submission, he and his predecessors-in-
furnish a shield for fraud. (Sacdalan vs. Court of Appeals, 428
interest cannot, by their continuous and uninterrupted
occupancy of the subject land, acquire the same by acquisitive SCRA 586, G.R. No. 128967May20, 2004)
prescription. Section 46 of Act No. 496, now section 47 of P.D.
No. 1529, expressly provides that no title to registered land in Is there a deadline for challenging on the basis of fraud?
derogation of the title of the registered owner shall be acquired A Torrens title can be attacked only for fraud, within one year
by prescription or by adverse possession. (Herce, Jr. vs. after the date of the issuance of the decree of registration.
Municipality of Cabuyao, Laguna, 474 SCRA 797, G.R. No. Such attack must be direct, and not by a collateral
166645 November 11, 2005) Their duly registered titles cannot be proceeding. The title represented by the certificate cannot
defeated by the alleged adverse, continuous and notorious be changed, altered, modified, enlarged, or diminished in a
possession of the petitioners since their titles are indefeasible collateral proceeding. In the same manner, in an action for
and cannot be acquired by prescription or adverse possession. quieting of title, the indefeasibility cannot be attacked, the
(Pinlac vs. Court of Appeals, 349 SCRA 635, G.R. No. 91486, Court held that the validity of a certificate of title cannot be
January 19, 2001)
assailed in an action for quieting of title; an action for
annulment of title is the more appropriate remedy to seek the
Can “registered lands”/certificate of title still be defeated by
cancellation of a certificate of tide. Cosephine Wee v.
Prescription
NO. (Section 47 of P.D. 1529) Felicidad Mardo, GR No. 202414, June 04, 2014)
Once a title is registered, as a consequence either of judicial or
administrative proceedings, the owner may rest secure, without
4
• __
5
• __
the title was in the name of the forger, the original owner
annotated the adverse claim on the forged instrument. Thus,
before the new title in the name of the forger could be
transferred to a third person, a lien had already been annotated
on its back. The chain of registered tides was broken and sullied
by the original owner's annotation of the adverse claim. By this
act, the mortgagee was shown to be in bad faith.
The established rule is that a forged decd is generally null and
cannot convey title, the exception thereto, pursuant to Section
55 of the Land Registration Act, (now Section 530f PD 1529)
denotes the registration of titles from the forger to the innocent
purchaser for value. Thus, the qualifj'ing point here is that there
must be a complete chain of registered titles. This means that all
the transfers starting from the original rightful owner to the
innocent holder for value — and that includes the transfer to the
forger — must be duly registered, and the title must be properly
issued to the transferee. (Sps. Peralta vs. Heirs of Abalon, (GR. No.
183464, Junc 30, 2014; G.R. No. 183448, June 30, 2014)
Can banks use the buyer in good faith defense?
As a banking institution, jurisprudence stringently requires that
respondent should take more precautions than an ordinary
prudent man should, to ascertain the status and condition of the
properties offered as collateral and to verify the scope of the
authority of the agents dealing with these. (Mercado, et. al. vs.
Allied Banking Corporation, GR. No. 171460, July, 24, 2007)
---------------------------------------------------------
6
private ownership are presumed to belong to the State.
Consequently, the burden of proof to overcome the
Chapter I General Provisions presumption of ownership of lands of the public domain is on the
person applying for registration. Unless public land is shown to
--------------------------------------------------------- have been reclassified and alienated by the State to a private
BASIC INFO person, it remains part of the inalienable public domain.
(Republic vs. Capco de Tensuan, 171136. October23,2013.)
CODE: Presidential Decree No. 1529
To overcome this presumption, incontrovertible evidence must
LONG TITLE: Amending and Codifying the Laws Relative to be established that the land subject of the application is
Registration of Property and for Other Purposes alienable or disposable. (Republic vs. Lao, GR. No. 150413. July 1,
2003) X x x. No public land can be acquired by private persons
SHORT TITLE: Property Registration Decree without any grant, express or implied, from the government, and
it is indispensable that the person claiming title to public land
DATE OF EFFECTIVITY: should show that his title was acquired from the State Of any
- APPROVED: June 11, 1978 other mode of acquisition recognized by law. (Republic vs.
- EFFECTIVITY CLAUSE: Section 122 Effectivity. This Decree Mufioz, GR No. 151910, October 15, 2007)
shall take effect upon its approval.
What is the Concept of "Regalian Doctrine" or jura regalia:
Includes Modifications Pursuant to: Unless public land is shown to have been reclassified or
Batas Pambansa Blg. 594 (1983) alienated to a Private person by the State, it remains Part of the
Republic Act No. 6732 (1989) inalienable public domain; Occupation thereof in the concept
of owner, no matter how long, cannot ripen into ownership and
Check older laws: be registered as a title.
1902 The Land Registration Act (Act No. 496)
- MODIFIED BY: Act No. 809 (1903) Act No. 1108 (1904) What is the Concept of "Regalian Doctrine" or jura regalia:
Act No. 2011 (1911) Act No. 2164 (1912) Act No. 3621 All lands of whatever classification and other natural resources
(1929) Act No. 3630 (1929) Republic Act No. 93 (1947) not otherwise appearing to be clearly within private ownership
Republic Act No. 96 (1947) Republic Act No. 117 (1947) belong to the state.
Republic Act No. 440 (1950) Republic Act No. 928
(1953) Republic Act No. 1096 (1954) Presidential Decree Jura regalia refers to royal rights which the sovereign has over
No. 1418 (1978) anything in which a subject has a right or property.
---------------------------------------------------------
Under this concept, private title to land must be traced to some
Section 1 grant, express or implied, from the Spanish Crown or its
Title of Decree. - successors, the American Colonial Govt, and the Phil. Govt.
This Decree shall be known as the Property Registration
Decree. Originally, refers to royal rights which the sovereign has over
anything in which a subject has a right or property. These were
rights enjoyed during feudal times by the King as the sovereign.
PRINCIPLE: WHEREAS, there is a need to update the Land
Registration Act and to codify the various laws relative to
HISTORY OF OWNERSHIP OF LAND IN THE PHILIPPINES
registration of property, in order to facilitate effective
implementation of said laws; The "Regalian Doctrine" or jura regalia is a Western legal
--------------------------------------------------------- concept that was first introduced by the Spaniards into the
country through the Laws of the Indies and the Royal Cedulas.
NOTES: Regalian Doctrine The Laws of the Indies, i.e., more specifically, Law 14, Title 12,
Book 4 of the Novisima Recopilacion de Leyes de las Indias,
What is the presumption of the "Regalian Doctrine" or jura set the policy of the Spanish Crown with respect to the
regalia: Philippine Islands in the following manner:
Presumption that all lands of the Public Domain belong to the
State. This same doctrine also states that all lands not otherwise The Philippines passed to Spain by virtue of "discovery" and
appearing to be clearly within private ownership are presumed conquest. Consequently, all lands became the exclusive
to belong to the State. (Republic of the Philippines vs Alaminos patrimony and dominion of the Spanish Crown. The Spanish
Ice Plant and Cold Storage, Inc., G.R. No. 189723, 871 SCRA 510, Government took charge of distributing the lands by issuing
Julyll, 2018) royal grants and concessions to Spaniards, both military and
- Unless public land is shown to have been reclassified or civilian.5 Private land titles could only be acquired from the
alienated to a Private person by the State, it remains government either by purchase or by the various modes of
land grant from the Crown.6
Part of the inalienable public domain; Occupation
thereof in the concept of owner, no matter how long,
The Laws of the Indies were followed by the Ley Hipotecaria,
cannot ripen into ownership and be registered as a or the Mortgage Law of 1893. The Spanish Mortgage Law
title. provided for the systematic registration of titles and deeds as
well as possessory claims. The law sought to register and tax
How to and who has the Burden of proof to overcome the lands pursuant to the Royal Decree of 1880. The Royal Decree
presumption of ownership of lands of the public domain of 1894, or the “Maura Law,” was partly an amendment of the
Under the Regalian doctrine, all lands of the public domain O Mortgage Law as well as the Laws of the Indies, as already
belong to the State, and that the State is the source of any amended by previous orders and decrees. This was the last
asserted right to ownership of land and charged with the Spanish land law promulgated in the Philippines. It required
conservation of such patrimony. The same doctrine also states the “adjustment” or registration of all agricultural lands,
that all lands not otherwise appearing to be clearly within
• __
otherwise the lands shall revert to the state. lands, including improvements and interests therein, and
over all petitions filed after original registration of title,
Four years later, by the Treaty of Paris of December 10, 1898, with power to hear and determine all questions arising
Spain ceded to the government of the United States all rights,
interests and claims over the national territory of the Philippine
upon such applications or petitions. The court through its
Islands.4 clerk of court shall furnish the Land Registration
Commission with two certified copies of all pleadings,
According to the Doctrine, the state is the source of any asserted exhibits, orders, and decisions filed or issued in
right to ownership in land and charged with the conservation of applications or petitions for land registration, with the
such patrimony. How should this presumption be overcome? exception of stenographic notes, within five days from the
To overcome such presumption, incontrovertible evidence must
filing or issuance thereof.
be shown that the land subject of the application is alienable or
disposable. ---------------------------------------------------------
Judicial proceedings for the registration of lands throughout the
What is the constitutional basis of the Regalian Doctrine?: Philippines SHALL:
It is reflected in Art. 12, Sec 2 of the 1987 Constitution: 1. \\\shall be in rem
2. \\\shall be based on the generally accepted principles
“All lands of the public domain, waters, minerals, coal,
petroleum, and other mineral oils, all forces of potential energy,
underlying the Torrens system.
fisheries, forests or timber, wildlife, flora and fauna, and other
natural resources are owned by the State. With the exception of NOTES: Torrens system.
agricultural lands, all other natural resources shall not be [registration of lands throughout the Philippines ]
alienated. The exploration, development and utilization of
natural resources shall be under the full control and supervision
#certificate of title
of the State. The State may directly undertake such activities or it
may enter into co-production, joint venture, or
production-sharing agreements with Filipino citizens, or PRINCIPLE: WHEREAS, to strengthen the Torrens system,
corporations or associations at least sixty per centum of whose it is deemed necessary to adopt safeguards to prevent
capital is owned by such citizens. Such agreements may be for a
period not exceeding twenty-five years, renewable for not more anomalous titling of real property, and to streamline and
than twenty-five years, and under such terms and conditions as simplify registration proceedings and the issuance of
may be provided by law. In cases of water rights for irrigation, certificates of title;
water supply, fisheries, or industrial uses other than the
development of water power, beneficial use may be the
measure and limit of the grant. What is the “TORRENS SYSTEM OF REGISTRATION”?:
A: It is a system for registration of land under which, upon the
How about the natural resources within a territory privately landowner’s application, the court may, after appropriate
owned by the individual? What are the rights of the State? proceedings, direct the register of deeds for the issuance of a
x x x, waters, minerals, coal, petroleum, and other mineral oils, all certificate of title
forces of potential energy, fisheries, forests or timber, wildlife,
flora and fauna, and other natural resources are owned by the
State. x x x (Joven vs. Calilung, G.R. No. 129546. December 13, What is the “TORRENS SYSTEM OF REGISTRATION”?:
2005). Thus, even if a private person owns the property where It is the system of registration of transactions with interest in land
minerals are discovered, his ownership does not give him the whose declared object is, under governmental authority, to
right to extract or utili.ze said minerals without perniission fronl the establish and certify to the ownership of an absolute and
State to which such minerals belong. (Menguito vs Republic, G.R. indefeasible title to realty, and to simplify its transfer. [8 Grey
No. 134308, December 14, 2000) Alba v. De la Cruz, GR No. L-5246, Sept. 16, 1910, 17 SCRA 49.]
Can possession of a public land ripen into ownership: The system facilitates land conveyance and negotiation. The
ZARATE, vs. DEVELOPMENT BANK OF THE PHILIPPINES, G.R. No. Torrens system requires that the government issue an official
131501, July 14, 2004 certificate of title attesting to the fact that the person named is
NO. It is a rule of law that possession of forest lands, however the owner of the property described therein, subject to such
long, cannot ripen into private ownership. Such lands are not liens and encumbrances as thereon noted or the law warrants or
capable of private appropriation, and possession thereof, no reserves. The certificate of title is indefeasible and imprescriptible
matter how long, cannot ripen into ownership. and all claims to the parcel of land are quieted upon issuance
of said certificate. This system highly facilitates land conveyance
--------------------------------------------------------- and negotiation. [Cruz v. Secretary of Environment and Natural
Section 2 Resources, supra, per Justice Puno]
Nature of registration proceedings; jurisdiction of courts. -
What is the purpose of Torrens system of registration?
Judicial proceedings for the registration of lands To quiet title to land; to put a stop forever to any question of the
throughout the Philippines shall be in rem and shall be legality of the title, except claims which were noted at the time
based on the generally accepted principles underlying the of registration, in the certificate, or which may arise subsequent
Torrens system. thereto.
Also, to decree land titles that shall be final, irrevocable and
Courts of First Instance shall have exclusive jurisdiction undisputable. The registration compels the claimants to come to
over all applications for original registration of title to court and to make there a record. Yet, it is only a system for
1
• __
registration of title to land only, NOT a system established for the extent of such claims. [Roxas v. Enriquez, GR No. 8539, Dec. 24,
acquisition of land. 1914, 29 Phil. 31.]
What is the purpose of Torrens system of registration? Is registration a mode of acquiring ownership?:
The real purpose of the Torrens system of registration, as REGISTRATION IS NOT A MODE OF ACQUIRING OWNERSHIP
expressed in Legarda v. Saleeby [4 GR No. 8936, Oct. 2, 1915, 31 - It is merely a procedure to establish evidence of title
Phil. 590.], a 1915 decision, over realty.
- is to quiet title to land; - It only confirms, but does not confer, ownership.
- to put a stop forever to any question of the legality of - It is a means of confirming the fact of its existence with
the title, except claims which were noted at the time of notice to the world at large.
registration, in the certificate, or which may arise
subsequent thereto.
- That being the purpose of the law, it would seem that WHAT is a CERTIFICATE OF TITLE
once a title is registered the owner may rest secure, A: Certificate of title is the transcript of the decree of registration
without the necessity of waiting in the portals of the made by the Register of Deeds in the registry. It accumulates in
court, or sitting in the ‘mirador de su casa,’ to avoid the one document a precise and correct statement of the exact
possibility of losing his land. status of the fee simple title which an owner possesses. (Agcaoili
Reviewer, p. 245, 2008 ed)
What is the purpose of Torrens system of registration? (golden
notes) is CERTIFICATE OF TITLE is a source of right?
A: To: 1. avoid possible conflicts of title regarding real property; CERTIFICATE OF TITLE is not a source of right. It merely confirms or
and 2. facilitate transactions relative thereto by giving the public records a title already existing and vested. The mere possession
the right to rely on the face of the Torrens certificate of title and does not make one the true owner of the property.
to dispense with the need of inquiring further.
Distinguish between Title and a Certificate of Title.
What is the purpose of Torrens system of registration?
The Torrens system was adopted in this country because it was TITLE CERTIFICATE OF TITLE
believed to be the most effective measure to guarantee the
integrity of land titles and to protect their indefeasibility once the It refers to the lawful cause or It is a mere evidence of
claim of ownership is established and recognized. [2 Republic v. ground of possessing; ownership
Umali, GR No. 80687, April 10, 1989, 171 SCRA 642]
It refers to the foundation of It may be an Original
What is the AIM of Torrens system of registration? ownership of property, real or Certificate of Title (which
The law aims “to ascertain once and for all the absolute title personal, which constitutes constitutes true copy of the
just cause of exclusive decree of registration) or a
over a given landed property; to make, so far as it is possible, a
possession Transfer Certificate Title
certificate of title issued by the court to the owner of the land
(issued subsequent to the
absolute proof of such title; to quiet title to the land and to put a original registration)
stop forever to a question of legality to a title; and to decree
that land title to be final, irrevocable and indisputable.” [Zuñiga
v. Court of Appeals, GR No. L-19776, Jan. 28, 1980, 95 SCRA 940.] Q: What are the two types of CERTIFICATE OF TITLE?
- A: 1. Original Certificate of Title (OCT) –
What are the advantages of the Torrens System?: - the first title issued in the name of the
Sir Robert Torrens summarized the benefits of the system of registered owner by the Register of Deeds
registration of titles, to wit: covering a parcel of land which had been
registered under the Torrens system by virtue
(a) It has substituted security for insecurity; of a judicial or administrative proceeding. It
consists of one original copy filed in the
(b) It has reduced the cost of conveyances from pounds to Register of Deeds, and the owner’s duplicate
shillings, and the time occupied from months to days; certificate delivered to the owner.
- 2. Transfer Certificate of Title (TCT)
(c) It has exchanged brevity and clearness for obscurity and - – the title issued by the Register of Deeds in
verbiage; favor of a transferee to whom the ownership
of a registered land has been transferred by
(d) It has so simplified ordinary dealings that he who has any legal mode of conveyance (e.g. sale,
mastered the ‘three R’s’ can transact his own conveyancing; donation). It also consists of an original and
an owner’s duplicate certificate.
(e) It affords protection against fraud;
Q: Differentiate title over land, land title, certificate of title, and
(f) It has restored to their just value many estates, held under deed.
good holding titles, but depreciated in consequence of some
blur or technical defect, and has barred the reoccurrence of
Title is a juridical act or a deed which is not sufficient by itself
any similar faults. [Grey Alba v. De la Cruz, supra, citing Sheldon
to transfer ownership but provides only for a juridical
on Land Registration]
justification for the effectuation of a mode to acquire or
transfer ownership.
The registration either relieves the land of all known as well as
unknown claims absolutely, or it compels the claimants to come
Land title is the evidence of the owner’s right or extent of
into court and to make there a record, so that thereafter there
interest, by which he can maintain control, and as a rule,
may be no uncertainty concerning either the character or the
assert right to exclusive possession and enjoyment of property.
2
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Q: What is the probative value of a Torrens title? On February 16, 1976, PD No. 892 was issued decreeing the
A: Torrens title may be received in evidence in all courts of the discontinuance of the system of registration under the Spanish
Philippines and shall be conclusive as to all matters contained Mortgage Law and the use of Spanish titles as evidence in land
therein, principally as to the identity of the land owner except so registration proceedings
far as provided in the Land Registration Act (LRA)
GENERAL: THE SYSTEM OF REGISTRATION UNDER SPANISH
A Torrens certificate is an evidence of indefeasible title of MORTGAGE LAW is hereby discontinued, AND a ll lands
property in favor of the person in whose name appears therein –
recorded under said system which are not yet covered by
such holder is entitled to the possession of the property until his
title is nullified. Torrens title shall be considered as unregistered lands.
Q: What is the mirror doctrine? EXCEPTION: all instruments affecting lands originally
A: All persons dealing with a property covered by Torrens registered under the Spanish Mortgage Law
certificate of title are not required to go beyond what appears
on the face of the title. \\\may be recorded under Section 113 of this Decree, until
- Where there is nothing on the certificate of title to the land shall have been brought under the operation of the
indicate any cloud or vice in the ownership of the Torrens system.
property, or any encumbrance thereon, the purchaser
---------------------------------------------------------
is not required to explore further than what the Torrens
title upon its face indicates in quest for any hidden The books of registration for unregistered lands provided
defect or inchoate right that may defeat his right under Section 194 of the Revised Administrative Code, as
thereto. amended by Act No. 3344, shall continue to remain in
- Stated differently: an innocent purchaser for value
force; provided, that all instruments dealing with
relying on the Torrens title issued is protected.
unregistered lands shall henceforth be registered under
Q: When does the mirror doctrine apply? Section 113 of this Decree.
A: When a title over a land is registered under the Torrens system ---------------------------------------------------------
(Agcaoili Reviewer, p. 246, 1999 ed) UNACCEPTED TITLES: registration for unregistered
Q: Is the right of the public to rely on the face of a certificate of lands
title absolute?
A: No. This is unavailing when the party concerned has actual Is Section 194 of the Revised Administrative Code, as amended
knowledge of facts and circumstances that should imply a by Act No. 3344 still applicable for registration of instruments
reasonably cautious man to make such further inquiry affecting unregistered land?
All instruments dealing with unregistered lands shall henceforth
be registered under S
ection 113 of this Decree.
Q: Bee bought a parcel of land with a clean TCT. However, when
he found some persons occupying it, he fenced the property NOTE: books of registration for unregistered lands
over the occupants’ objection. May Bee invoke the principle
that a person dealing with a registered land need not go beyond
provided under Section 194 of the Revised Administrative
its certificate of title in this case? (exception to mirror doctrine) Code, as amended by Act No. 3344, shall continue to
A: No. Although it is a recognized principle that a person dealing remain in force;
on a registered land need not go beyond it certificate of title, it
is also a firmly settled rule that where there are circumstances
Give an example where recording shall be without prejudice to
which would put a party on guard and prompt him to investigate
or inspect the property being sold to him, such as the presence a third party with a better right. [Section 113]
of occupants/tenants thereon, it is of course, expected from the The first registration has better rights
purchaser of valued piece of land to inquire first into the status or However, in one case, it was held that where the owner of a
nature of the possession of the occupants, i.e., whether or not parcel of unregistered land sold it to two different parties,
the occupants possess the land en concepto de dueno, in assuming that both sales are valid, the vendee whose deed of
concept of an owner. sale was first registered under the provisions of Act No. 3344
would have a better right.72 [Espiritu v. Valerio, GR No. L-18018,
As is the common practice in the real estate industry, an ocular Dec. 26, 1963, 119 Phil. 69.]
inspection of the premises involved is a safeguard that a
cautious and prudent purchaser usually takes. Should he find out Give an example where recording shall be without prejudice to
that the land he intends to buy is occupied by anybody else a third party with a better right. [Section 113]
other than the seller who, as in this case, is not in actual Spanish regime title < Act 496 (Land Registration Act) Title
possession, it would then be incumbent upon the purchaser to A title duly registered during the Spanish regime under the
verify the extent of the occupant’s possessory rights. The failure system of registration then in vogue must yield to a title to the
of the prospective buyer to take such precautionary steps would same lands duly registered under Act No. 496. Under the
mean negligence on his part and would thereby preclude him provisions of said Act, “every decree of registration shall bind the
from claiming or invoking the rights of a “purchaser in good land, and quiet title thereto,” and “shall be conclusive upon and
faith.” (Mathay v. CA, G.R. No. 115788, Sept. 17, 1988) against all persons, including the Insular Government and all the
branches thereof.” The title having been registered by proper
--------------------------------------------------------- decree, it was good, after it became final, as to everybody, and
cannot be attacked by any person claiming the same land
UNACCEPTED TITLES: S panish Mortgage Law
under title anterior to the decree of registration. [Manila Railroad
Co. v. Rodriguez, GR No. 9440, Jan. 27, 1915, 29 Phil. 336]
iS the Spanish Mortgage Law still applicable? :
4
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The jurisdiction of the Regional Trial Courts over matters involving Courts the delegated jurisdiction to hear and
the registration of lands and lands registered under the Torrens determine cadastral or land registration cases in the
system is conferred by Section 2 of PD No. 1529, while jurisdiction following instances:
over petitions for amendments of certificates of title is provided - (a) Where the lot sought to be registered is not the
for by Section 108 of the Decree. [Rudolf Lietz Holdings v. Registry subject of controversy or opposition; or
of Deeds of Parañaque City, GR No. 133240, Nov. 15, 2000, 344 - (b) Where the lot is contested but the value thereof
SCRA 680] does not exceed P100,000.00, such value to be
ascertained by the affidavit of the claimant or by the
Jurisdiction in civil cases involving title to property agreement of the respective claimants, if there be
Pursuant to Section 19(2) of BP Blg. 129, as amended, Regional more than one, or from the corresponding tax
Trial Courts shall exercise exclusive original jurisdiction in all civil declaration of the real property
actions - APPEALABLE: The decisions of said courts shall
- which involve the title to, or possession of, real property, be appealable in the same manner as
or any interest therein, decisions of the Regional Trial Courts.
- where the assessed value of the property exceeds - The decisions of the first level courts shall be
P20,000.00, or appealable to the CA. Jurisdiction of first level
- for civil actions in Metropolitan Manila, where such courts, being merely delegated, is limited to
value exceeds P50,000.00, what is expressly mentioned in the delegation
(to hear and determine cadastral and land
It bears reiterating that what determines jurisdiction are the registration cases). Hence, matters
allegations in the complaint and the reliefs prayed for. Where subsequent to the original registration
the ultimate objective of the plaintiff is to obtain title to property, determined by 2nd level courts, including
it should be filed in the proper court having jurisdiction over the petitions for reconstitution of lost title, may not
assessed value of the property.61 An action for reconveyance or be unloaded to first level courts.
for the annulment of a deed of sale and partition is one involving - On November 15, 1995, the Supreme Court issued
the title to or interest in property. Thus, in an action for Administrative Circular No. 6-93-A, providing that:
reconveyance, the complaint should allege the assessed value - 1. Cadastral or land registration cases filed
of the property to determine what court has jurisdiction. But if the before the effectivity of this Administrative
complaint simply alleges the “market value” of the property as, Circular but where hearing has not yet
say, P15,000.00, it is the inferior court, not the Regional Trial Court, commenced shall be transferred by the
which has jurisdiction over the case. [Barangay Piapi v. Talip, GR Executive Judge of the Regional Trial Court
No. 138248, Sept. 7, 2005.] having jurisdiction over the cases to the
Executive Judge of the appropriate
Is there a distinction between the court’s general and limited Metropolitan Trial Court, Municipal Trial Court
jurisdiction? in Cities, Municipal Trial Court or Municipal
NO, distinction between the court’s general and limited Circuit Trial Court for the required raffle
jurisdiction eliminated. Aimed at avoiding multiplicity of suits, the among the branches of the Court under his
change has simplified registration proceedings by conferring administrative supervision; and
upon Regional Trial Courts the authority to act - 2. Cadastral or land registration cases
- not only on applications for original registration pending in the Regional Trial Courts where trial
- but also over all petitions filed after original registration had already been commenced as of the
of title, with power to hear and determine all questions date of the effectivity of the Administrative
arising upon such applications or petitions.63 Circular shall remain with said courts.
However, by agreement of the parties, these
In other words, the court is no longer fettered by its former limited cases may be transferred to the appropriate
jurisdiction. It is now authorized to hear and decide not only Metropolitan Trial Court, Municipal Trial Court
non-controversial cases but even the contentious and in Cities, Municipal Trial Court or Municipal
substantial issues which were beyond its competence before. Circuit Trial Courts.
[Averia v. Caguioa, GR No. L-65129, Dec. 29, 1986, 146 SCRA
459.] What is the exception to RTC’s jurisdiction? Where to appeal MTC
cases
What is the scope of the jurisdiction of RTC over land registration Except under Sec. 34 of Batas Pambansa Bilaug 129 (Judiciary
cases? Reorganization Act) as amended by Section 4 of R.A. No. 7691
GENERAL RULE: RTC HAVE PLENARY JURISDICTION OVER LAND - Metropolitan Trial Court was given delegated
REGISTRATION CASES. jurisdiction to hear ordinary and cadastral land
registration where there is no controversy or opposition
Sec 2 of PD No. 1529 provides that RTC shall have exclusive to the application or where the assessed value of the
jurisdiction over all applications for original registration of titles to land does not exceed 100 thousand pesos.
lands, including improvements and interest therein and over all - From the Metropolitan Trial Court the appeal shall be
petitions filed after or original registration of title, with power to filed directly with the Court of Appeals. The decisions of
hear and determine all questions arising upon such applications the Metropolitan Trial Court shall be appealable in the
or petitions. same manner as decisions of the Regional Trial Courts.
EXCEPTION RULE: DELEGATED JURISDICTION OF INFERIOR COURTS Does MTC has delegated jurisdiction over cadastral and land
-grants to first level courts METC, MTC, MCTC registration cases?
- As amended by RA No. 7691, approved March 25, The delegated jurisdiction of the MTC over cadastral and land
1994, Section 34 of BP Blg. 129, known as the Judiciary registration cases is indeed set forth in the Judiciary
Reorganization Act of 1980, grants Metropolitan Trial Reorganization Act, in Sec. 34. x x x. Their decision in these cases
Courts, Municipal Trial Courts, and Municipal Circuit Trial shall be appealable in the same manner as decisions of the
6
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Regional Trial Courts. (As amended by R.A. No. 7691) (Emphasis
jurisdiction to hear the amended petition of EOI.
supplied.) Thus, the MTC has delegated jurisdiction in cadastral
- By what authority it is conferred and to whose
and land registration cases in two instances: First, where there is
jurisdiction land registration cases is conferred to
no controversy or opposition; or, Second, over contested lots,
the value of which does not exceed PIOO,OOO. (Republic vs. \\\It is basic in law that the jurisdiction of courts is conferred
Bantigue Point Development Corporation, 668 SCRA 158, G.R. by law. The jurisdiction of regional trial courts in land
No. 162322) registration cases is conferred by Section 2 of P.D. No. 1529. It
expressly provides:
- Section 2. Nature of registration proceedings;
jurisdiction of courts. Judicial proceedings for the
Will an administrative act for the issuance of patent (e.g. registration of lands throughout the Philippines shall
homestead patent), divest a land registration court of its be in rem and shall be based on the generally
jurisdiction? accepted principles underlying the Torrens system.
NO, It has been held that a land registration court which has - Courts of First Instance shall have exclusive
validly acquired jurisdiction over a parcel of land for registration jurisdiction over all applications for original
of title cannot be divested of said jurisdiction by a subsequent registration of title to lands, including improvements
administrative act consisting in the issuance by the Director of and interests therein, and over all petitions filed after
Lands of a homestead patent covering the same parcel of land. original registration of title, with power to hear and
[De los Angeles v. Santos GR No. L-19615, Dec. 24, 1964, 12 SCRA determine all questions arising upon such
622.] applications or petitions. The court through its clerk
of court shall furnish the Land
RegistrationCommission with two certified copies of
W/N petitions for replacement of lost duplicate certificates are
all pleadings, exhibits, orders, and decisions filed or
under jurisdiction of the RTC issued in applications or petitions for land
Under Chapter X of the decree entitled "Petitions and Actions registration, with the exception of stenographic
After Original Registration" is Section 109 which governs petitions notes, within five daysfrom the filing or issuance
for issuance of lost or stolen owner's duplicate certificate of title. thereof. ” ( Ernesto Oppen, Inc. vs. Alberto Compas,
Clearly, petitions for replacement of lost duplicate certificates, Substituted by his heirs namely, Clifford M. Compass
as in Miscellaneous Case No. 1626, are cognizable by the RTCs.. and Joan M. Compass and Philippine Merchant
(Office of the Court Administrator vs. Matas , 247 SCRA 9, Adm. Marine School, Inc., G .R.No. 203969, October 21,
Matter No. RTJ- 92-836 Augusta 1995) Click to add notes 2015)
A. JURISDICTION OF COURT W/N EOI’s reliance on Section 108 of P.D. No. 1529 is valid
1. Section 2 (b) of P.D. 1529. The CA was correct in stating that EOI's reliance on Section
108 of P.D. No. 1529 was misplaced. The appellate court aptly
Ernesto Oppen, Inc. vs. Compas, G.R. No. 203969. October cited Philippine Veteran's Bank v. Valenzuela25 where the
21, 2015) Court held that the prevailing rule was that proceedings
under Section 108 were summary in nature, contemplating
FACTS: corrections or insertions of mistakes which were only clerical
The subject matter of the present case involves two (2) but certainly not controversial issues. Relief under the said
parcels of land, each with an area of 11, 452 square meters, legal provision can only be granted if there is unanimity
located in Las Piñas City, covered by Transfer Certificate of among the parties, or that there is no adverse claim or serious
Title (TCT) No. S-1006125 and TCT No. S-100613,6 and objection on the part of any party in interest.26
previously registered in the name of Philippine Merchant - Thus, the petition was properly filed with the RTC-Las
Marine School Inc. (PMMSI). Piñas where it was docketed as LRC Case No.
LP-05-0089, and not before the court which heard
MTC: On May 21, 1984, the said properties were levied upon the original registration proceeding under LRC No.
pursuant to the decision rendered, and the writ of execution N-1238, as the petition involved adversarial issues.
issued, by the Metropolitan Trial Court, Branch 7, Manila - Sec. 108. Amendment and alterations of certificates.
(MeTC-Branch 7) in Civil Case No. 098646-CV.7 The - No erasure, alteration, or amendment shall be
MeTC-Branch 7 decision8 approved the compromise made upon the registration book after the entry of a
agreement between Manufacturers Building, Inc. (MBI) and certificate of title or of a memorandum thereon and
PMMSI. Thereafter, the Notice of Levy in favor of MBI was the attestation of the same by the Register of Deeds,
annotated at the back of TCT Nos. S-100612 and S-100613 on except by order of the proper Court of First Instance.
August 22, 1986.9 x x x All petitions or motions filed under this Section as
well as any other provision of this Decree after
RTC: On September 28, 2005, Compas filed a petition for the original registration shall be filed and entitled in the
cancellation of TCT Nos. S-100612 and S-100613 and for the original case in which the decree or registration was
issuance of new titles in his name before RTC-Las Piñas, which entered.
was docketed as LRC Case No. LP-05-0089. Upon learning
that TCT No. S-100162 had been cancelled and TCT No.
T-95712 had been issued in its place under EOI's name, Talusan vs. Tayag, G.R. No. 133698. April 4, 2001
Compas filed his Motion to Admit Amended Petition,13 dated
March 3, 2008. FACTS:
Before us is a Petition for Review on Certiorari under Rule 45 of
On October 7, 2010, the RTC-Las Piñas issued an order the Rules of Court, assailing the November 20, 1997 Decision1
denying EOI's second motion to dismiss on the ground that of the Court of Appeals (CA) in CA-GR CV No. 41586. The
Section 108 of P.D. No. 1529 was inapplicable and that it was dispositive portion of the challenged Decision is hereunder
vested with jurisdiction under Section 2 thereof. reproduced as follows: "WHEREFORE, premises considered, the
appealed decision (dated February 4, 1993) of the Regional
Trial Court (Branch 7) in Baguio City in Civil Case No. 1456-R is
ISSUES/HELD hereby AFFIRMED, with costs against plaintiffs/appellants."
The principal issue in this case is whether the RTC has
7
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WHEREFORE, the Petition is hereby DENIED and the assailed also on everyone else who may have any claim thereon.
Decision and Resolution AFFIRMED. Costs against petitioners.
Petitioners contend that the Decision in LRC Adm. Case No. 2. Sec. 34 of Batas Pambansa Bilang 129 (Judiciary
207-R, rendered by the Regional Trial Court of Baguio City Reorganization Act) as amended by Section 4 of R.A. No. 7691,
(Branch 6), did not preclude the filing of a separate action to
annul the auction sale. Citing Tiongco v. Philippine Veterans
Section 4. Section 34 of the same law is hereby amended to
Bank,10 they aver that this RTC Branch had no jurisdiction to
rule on the validity of that sale. Hence, its Decision in the LRC read as follows:
case cannot bar the present proceedings.
"Sec. 34. Delegated Jurisdiction in Cadastral and Land
ISSUES/RULING Registration Cases. – Metropolitan Trial Courts, Municipal Trial
W/N Petitioners contention is correct that RTC had no Courts, and Municipal Circuit Trial Courts may be assigned by
jurisdiction to rule the validity of that sale the Supreme Court to hear and determine cadastral or land
W/N RTC in land registration case is barred on ruling the registration cases covering lots where there is no controversy
“validity of the auction sale” or opposition, or contested lots where the value of which
NO, the petitioners err in contending that the RTC is, in a land does not exceed One hundred thousand pesos (P100,000.00),
registration case, barred from ruling on the validity of the such value to be ascertained by the affidavit of the claimant
auction sale. That court now has the authority to act not only or by agreement of the respective claimants if there are more
on applications for original registration, but also on all
than one, or from the corresponding tax declaration of the
petitions filed after the original registration of title.
real property. Their decisions in these cases shall be
- Coupled with this authority is the power to hear and
determine all questions arising upon such appealable in the same manner as decisions of the Regional
applications or petitions. [Ligon v. Court of Appeals, Trial Courts."
244 SCRA 693, June 1, 1995.]
- Especially where the issue of ownership is ineluctably What is the scope of the jurisdiction of RTC over land
tied up with the question of registration, the land registration cases?
registration court commits no error in assuming GENERAL RULE: RTC HAVE PLENARY JURISDICTION OVER LAND
jurisdiction. [Vda. de Arceo v. Court of Appeals, 185 REGISTRATION CASES.
SCRA 489, May 18, 1990.]
Sec 2 of PD No. 1529 provides that RTC shall have exclusive
Tiongco v. Philippine PRESENT: In the RTC CASE jurisdiction over all applications for original registration of titles
Veterans Bank, to lands, including improvements and interest therein and
over all petitions filed after or original registration of title, with
In that case, the trial court In LRC Adm. Case No. power to hear and determine all questions arising upon such
was acting on a 207-R, the trial court was applications or petitions.
faced with a
EXCEPTION RULE: DELEGATED JURISDICTION OF INFERIOR
Petition for the Surrender of Petition for Consolidation of COURTS -grants to first level courts METC, MTC, MCTC
Certificates of Title. Ownership. - As amended by RA No. 7691, approved March 25,
1994, Section 34 of BP Blg. 129, known as the
It had jurisdiction to rule on Judiciary Reorganization Act of 1980, grants
all matters necessary for the
Metropolitan Trial Courts, Municipal Trial Courts, and
determination of the issue
Municipal Circuit Trial Courts the delegated
of ownership, including the
validity of the auction sale. jurisdiction to hear and determine cadastral or land
registration cases in the following instances:
- (a) Where the lot sought to be registered is not the
subject of controversy or opposition; or
Indeed, this Court in several cases has previously declared - (b) Where the lot is contested but the value thereof
that a petition for the Surrender of Certificates of Title. involves does not exceed P100,000.00, such value to be
contentious questions which should be threshed out in an
ascertained by the affidavit of the claimant or by
ordinary case, because the land registration court has no
the agreement of the respective claimants, if there
jurisdiction to try them. [See Puguid v. Reyes, 20 SCRA 972,
August 10, 1967; Tomada v. Tomada, 28 SCRA 1028, July 30, be more than one, or from the corresponding tax
1969; Santos v. Cruz, 52 SCRA 330, August 30, 1973.] declaration of the real property
- APPEALABLE: The decisions of said courts
Presidential Decree (PD) 1529, however, intended to avoid a shall be appealable in the same manner as
multiplicity of suits and to promote the expeditious termination decisions of the Regional Trial Courts.
of cases. In more recent cases,12 therefore, the Court - The decisions of the first level courts shall be
declared that this Decree had eliminated the distinction appealable to the CA. Jurisdiction of first
between general jurisdiction vested in the regional trial court level courts, being merely delegated, is
and the latter’s limited jurisdiction when acting merely as a limited to what is expressly mentioned in
land registration court. Land registration courts, as such, can the delegation (to hear and determine
now hear and decide even controversial and contentious cadastral and land registration cases).
cases, as well as those involving substantial issues.13
Hence, matters subsequent to the original
registration determined by 2nd level courts,
It is equally important to consider that a land registration
court’s decision ordering the confirmation and the registration including petitions for reconstitution of lost
of title, being the result of a proceeding in rem, binds the title, may not be unloaded to first level
whole world.16 Thus, the trial court’s ruling consolidating the courts.
ownership and the title of the property in the name of herein - On November 15, 1995, the Supreme Court issued
respondent is valid and binding not only on petitioners, but Administrative Circular No. 6-93-A, providing that:
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• __
There is no need to suspend the proceedings. When the law of preliminary injunction.
confers jurisdiction upon a court, the latter is deemed to have
all the necessary powers to exercise such jurisdiction to make ACCORDINGLY, the petitions are GRANTED. The questioned
it effective. It may, therefore, hear and determine all order of the respondent Court of Appeals lifting the writ of
questions that arise from a petition for registration. preliminary injunction is SET ASIDE. The writ of possession issued
in Cadastral Case No. 17, GLRO Records No. 163 is declared
NULL and VOID. The records of this case and of CA-G.R. No.
The RTC need not wait for the decision of the DENR in the
00139 are remanded to the trial court for hearing of the
petition to cancel the survey plan in order to determine
motion for cancellation of the reconstituted titles. Private
whether the subject property is already titled or forms part of respondents are ordered to return to petitioners the
already titled property. Petition is denied. The RTC is directed possession of the properties in question. The temporary
to continue with the proceedings. restraining order issued by this Court on February 15, 1972,
enjoining private respondents from interfering in any manner,
DOCTRINE: with petitioners' right of possession of the properties in
It is well to note at this point that, in its bid to avoid multiplicity questions, shall remain effective until the issue of ownership
of suits and to promote the expeditious resolution of cases, and/or possession of the properties is finally settled by a
Presidential Decree (P.D.) No. 1529 eliminated the distinction competent court.
between the general jurisdiction vested in the RTC and the
latter's limited jurisdiction when acting merely as a land ISSUE/RULING:
registration court. Land registration courts, as such, can now W/N person who reconstituted a title who does not actually
possess the land, deprive the actual occupants possession
hear and decide even controversial and contentious cases,
thereof?
as well as those involving substantial issues. When the law
W/N writ of possession may be issued in reconstitution of title
confers jurisdiction upon a court, the latter is deemed to have proceeding same as in original land registration proceedings
all the necessary powers to exercise such jurisdiction to make A person who seeks a reconstitution of a certificate of title
it effective. It may, therefore, hear and determine all over a property he does not actually possess cannot, by a
questions that arise from a petition for registration. (SM Prime mere motion of the issuance of a writ of possession, which is
Holdings, Inc. vs. Madayag, G.R. No. 164687. February 12, summary in nature, deprive the actual occupants of
2009) possession thereof. Possession and/or ownership of the
property should be threshed out in a separate proceeding.
Reconstitution does not confirm or adjudicate ownership over
D. WRIT OF POSSESSION; RECONSTITUTION DOES NOT CONFIRM the property covered by the reconstituted title
NOR ADJUDICATE OWNERSHIP OVER A PROPERTY. - as opposed to “original land registration
proceedings” where, a writ of possession may be
Serra Serra vs. Court of Appeals, G.R. No. 34080. March 22, issued to place the applicant-owner in possession.
1991
- In a land registration case, a writ of possession may
FACTS: be issued only pursuant to a decree of registration in
A petition for reconstitution of alleged lost OCT and owner’s an original land registration proceedings "not only
duplicate copies in the name of Eleuterio Hernaez covering against the person who has been defeated in a
Lot No. 1316of Kabankalan Cadastre and Lot Nos. 2685 and registration case but also against anyone adversely
717 of Ilog Cadastre, in the Province of Negros Occidental, occupying the land or any portion thereof during
was filed by his successors-in-interest Primitivo, Rogaciana and the proceedings up to the issuance of the decree."
Luisa, all surnamed Hernaez with then CFI of Bacolod City. (Lucero v. Loot, G.R. No. L-16995, October 28, 1968,
25 SCRA 687; Marcelo v. Hon. Mencias, L-15609, April
The CFI granted the petition and ordered the reconstitution of 29, 1960; Demorar v. Hon. Ibañez and Paras, G.R. No.
the subject OCTs and its duplicate copies. L-7595, May 21, 1955, 97 Phil. 72).
- It cannot however, be issued in a petition for
These reconstituted OCT were cancelled on May 29, 1969 reconstitution of an allegedly lost or destroyed
upon presentation by Hernaez of a “declaration of heirship” certificate of title. Reconstitution does not confirm or
and in lieu thereof, Transfer Certificate of Title (TCT) Nos. adjudicate ownership over the property covered by
T-51546, T-51547, and T-51548 were issued in their names. the reconstituted title as in original land registration
proceedings where, in the latter, a writ of possession
Upon learning of the existence of the above TCTs, Salvador may be issued to place the applicant-owner in
Serra Serra, for and on behalf of his co-heirs, registered their possession.
adverse claim and moved for the cancellation of the
reconstituted titles. They averred that they are holders of valid
and existing certificates of title over the subject properties E. ACTIONS; VENUE: Application for land registration shall be filed
and have been in continuous and actual possession thereof. with the RTC of the province or city where the land lies.
The trial court denied petitioners’ motion to cancel the
reconstituted titles and granted instead Hernaez’ prayer that Latorre vs. Latorre, G.R. No. 183926. March 29, 2010.
they be placed in possession of the subject properties,
- which petitioner challenged before the Court of FACTS:
Appeals in a petition for certiorari docketed as In October 2000, petitioner Generosa Almeda Latorre
CA-G.R. No. SP-00139. On June 7, 1971, the (petitioner) filed before the RTC of Muntinlupa City a
appellate court issued a writ of preliminary injunction Complaint for Collection and Declaration of Nullity of Deed of
which was ordered lifted in a resolution dated Absolute Sale with application for Injunction against her own
August 3, 1971. Petitioners’ motion for son, herein respondent Luis Esteban Latorre (respondent), and
reconsideration was denied, one Ifzal Ali (Ifzal).
- hence they filed before this Court a petition for
certiorari, prohibition and mandamus,docketed as
Respondent immediately filed a Motion to Dismiss7 on the sole
G.R. No. L-34080 and consolidated with G.R. No.
L-34693,seeking to annul the resolution lifting the writ ground that the venue of the case was improperly laid. He
10
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stressed that while the complaint was denominated as one Hereafter, all instruments affecting lands originally
for Collection and Declaration of Nullity of Deed of Absolute registered under the Spanish Mortgage Law may be
Sale with application for Injunction, in truth the case was a recorded under Section 113 of this Decree, until the land
real action affecting title to and interest over the subject shall have been brought under the operation of the Torrens
property. Respondent insisted that all of petitioner's claims
system.
were anchored on her claim of ownership over one-half (½)
portion of the subject property. Since the subject property is ---------------------------------------------------------
located in Makati City, respondent argued that petitioner UNACCEPTED TITLES: titled lands under Act No. 3344
should have filed the case before the RTC of Makati City and
not of Muntinlupa City. Can titled lands registered under Act No. 3344 affect
third persons? Will it prevail over lands registered under the
The RTC committed a procedural blunder when it denied Property Registration Decree?
respondent's motion to dismiss on the ground of improper Where property registered under the Torrens system is sold but
venue. The RTC insisted that trial on the merits be conducted the sale is registered not under the Property Registration Decree
even when it was awfully glaring that the venue was but under Act No. 3344, the sale is considered not registered and
improperly laid, as pointed out by respondent in his motion to effective for purposes of Article 1544 of the Civil Code on double
dismiss. After trial, the RTC eventually dismissed the case on sales. [Aznar Brothers Realty Co. v. Aying]
the ground of lack of jurisdiction, even as it invoked, as
justification, the rules and jurisprudence on venue. Despite the In Naawan Community Rural Bank v. Court of Appeals, 81 the
conduct of trial, the RTC failed to adjudicate this case on the Court upheld the right of a party who had registered the sale of
merits land under the Property Registration Decree, as opposed to
another who had registered a deed of final conveyance under
ISSUE/RULING: Act No. 3344. In that case, the “priority in time” principle was not
Where is the proper venue for actions involving real property applied, because the land was already covered by the Torrens
Where the action in the Regional Trial Court is for the system at the time the conveyance was registered under said
Declaration of Nullity of the Deed of Absolute Sale involving a Act
real property, the venue for such action is unquestionably the
proper court of the place where the real property or part Under Act No. 3344, registration of instruments affecting
thereof lies. —Sections 1 and 2, Rule 4 of the 1997 Rules of Civil unregistered lands is “without prejudice to a third party with a
Procedure provide an answer to the issue of venue. Actions better right.” The phrase has been held to mean that the mere
affecting title to or possession of real property or an interest registration of a sale in one’s favor does not give him any right
therein (real actions) shall be commenced and tried in the over the land if the vendor was not anymore the owner of the
proper court that has territorial jurisdiction over the area land having previously sold the same to somebody else even if
where the real property is situated. the earlier sale was unrecorded.
Where is the proper venue for personal actions
---------------------------------------------------------
On the other hand, all other actions (personal actions) shall UNACCEPTED TITLES: Spanish Title
be commenced and tried in the proper courts where the
plaintiff or any of the principal plaintiffs resides or where the Can Spanish titles still be used as evidence of land ownership:
defendant or any of the principal defendant resides. The \\\Spanish titles are no longer efficacious as proof of ownership
action in the RTC, other than for Collection, was for in land registration proceedings.
theDeclaration of Nullity of the Deed of Absolute Sale
involving the subject property, which is located at No. 1366 \\\Spanish titles are quite dissimilar to administrative and judicial
Caballero St., Dasmariñas Village,Makati City. The venue for titles under the present system. Although evidences of
such action is unquestionably the proper court of Makati City, ownership, these Spanish titles may be lost through prescription.
where the real property or part thereof lies, not the RTC of They are, therefore, neither indefeasible nor imprescriptible.
Muntinlupa City [Director of Forestry v. Muñoz, GR No. L-24796, June 28, 1968, 23
SCRA 1183]
DOCTRINE
Actions affecting title to or possession of real property or an The Spanish government distributed lands by issuing royal grants
interest therein (real actions) shall be commenced and tried and concessions to settlers and other people in various forms.
in the proper court that has territorial jurisdiction over the area Enumerate such forms:
where the real property is situated. x x x. The venue for such Such forms included the following:
action is unquestionably the proper court of Makati City, - (a) the “titulo real” or royal grant;
where the real property or part thereof lies, not the RTC of - (b) the “concession especial” or special grant;
Muntinlupa City. (Latorre vs. Latorrc, G.R. No. 183926. March - (c) the “composicion con el estado” title or adjustment
29,2010) title;
- (d) the “titulo de compra” or title by purchase;
--------------------------------------------------------- - (e) the “informacion possessoria” or possessory
Section 3 information title; and
- (f) the “titulo gratuito” or a gratuitous title.
Status of other pre-existing land registration system. -
The system of registration under the Spanish Mortgage is Titulo de Propriedad No. 4136, a spanish title, valid to be used
Law is hereby discontinued and all lands recorded under as evidence of land ownership:
said system which are not yet covered by Torrens title shall The case of Director of Forestry v. Muñoz would soon be the core
be considered as unregistered lands. of subsequent decisions declaring the infamous Titulo de
Propriedad No. 4136 as a forgery foisted upon the courts and
bereft of any validity and efficacy as evidence of ownership.
11
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In Intestate Estate of Don Mariano San Pedro v. Court of
Appeals, Titulo de Propriedad No. 4136 is declared null and void
and of no legal force and effect and that therefore no rights
could be derived therefrom.
- Presidential Decree No. 892, dated February 16, 1976,
Spanish titles like the TITULO is absolutely inadmissible
and ineffective as proof of ownership in court
proceedings, except where the holder thereof applies
for land registration under Act No. 496, which is not true
in the proceedings at bar;
---------------------------------------------------------
WHEREAS, there is a need to update the Land
Registration Act and to codify the various laws relative to
registration of property, in order to facilitate effective
implementation of said laws;
12
and by a Chief Geodetic Engineer who shall each receive
compensation at the rate of three thousand four hundred
Chapter II The Land Registration
pesos per annum less than that of the Deputy
Commission and Its REGISTRY OF DEEDS Commissioner.
---------------------------------------------------------
LRA: NOTES All other officials and employees of the Land Registration
Commission including those of the REGISTRY OF
What’s the UPDATED name of LRC? DEEDS whose salaries are not herein provided, shall
The Land Registration Commission has been renamed Land
receive salaries corresponding to the minimum of their
Registration Authority (LRA) pursuant to Section 28, Chapter 9,
Title III, of EO No. 292, known as the Administrative Code of 1987. respective upgraded ranges as provided under paragraph
--------------------------------------------------------- 3.1 of Budget Circular No. 273, plus sixty per centum
Section 4 thereof across the board, notwithstanding the maximum
Land Registration Commission. salary allowed for their respective civil service eligibilities.
In order to have a more efficient execution of the laws The salaries of officials and employees provided in this
relative to the registration of lands, geared to the massive Decree shall be without prejudice to such benefits and
and accelerated land reform and social justice program of adjustments as may from time to time be granted by the
the government, there is created a commission to be known President or by the legislature to government employees.
as the Land Registration Commission under the executive All officials and employees of the Commission except
supervision of the Department of Justice. REGISTERS OF DEEDS shall be appointed by the
--------------------------------------------------------- Secretary of Justice upon recommendation of the
LRA: NOTES Commissioner of Land Registration.
---------------------------------------------------------
What is the purpose of LRA?: COMPOSITION: LRA
\\\In order to have a more efficient execution of the laws
Composition of LRA
relative to the registration of lands
1. It is headed by an Administrator/Commissioner
- \\\geared to the massive and accelerated land
2. who shall be assisted by two (2) Deputy
reform and social justice program of the
Administrators/Deputy Commissioner,
government
○ all of whom shall be appointed by the
Under whose authority does LRC fall under?: President.
\\\under the executive supervision of the Department of ○ upon the recommendation of the Secretary
Justice. of Justice.
3. Other officials
---------------------------------------------------------
Section 5
○ division chiefs
○ Special Assistant to the Commissioner
Officials and employees of the Commission.
○ Chief Geodetic Engineer
The Land Registration Commission shall have a chief and ○ All other officials of the LRA, except Registers
an assistant chief to be known, respectively, as the of Deeds, shall be appointed by the
Commissioner and the Deputy Commissioner of Land
Secretary of Justice upon recommendation
Registration who shall be appointed by the President. The
of the Administrator/C
ommissioner of Land
Commissioner shall be duly qualified member of the
Registration.
Philippine Bar with at least ten years of practice in the legal
profession, and shall have the same rank, compensation
Qualifications: Commissioner/Administrator
and privileges as those of a Judge of the Court of First
///shall be duly qualified member of the Philippine Bar
Instance. The Deputy Commissioner, who shall possess the
///with at least ten years of practice in the legal profession
same qualifications as those required of the Commissioner,
- ///benefits: shall have the same rank, compensation
shall receive compensation which shall be three thousand
pesos per annum less than that of the Commissioner. He and privileges as those of a Judge of the Court of
shall act as Commissioner of Land Registration during the First Instance.
absence or disability of the Commissioner and when there
Does under the supervision of the supreme court?
is a vacancy in the position until another person shall have NO.
been designated or appointed in accordance with law. The
Deputy Commissioner shall also perform such other While Section 5 states that the “Commissioner x x x shall have the
functions as the Commissioner may assign to him. same rank, compensation and privileges as those of a Judge of
the Court of First Instance” (Associate Justice of a collegiate
appellate court, per EO No. 649, dated Feb. 9, 1981),3 his
They shall be assisted by such number of division chiefs as functions are plainly executive and subject to the President’s
may be necessary in the interest of the functioning of the power of supervision and control. He can be investigated and
Commission, by a Special Assistant to the Commissioner, removed only by the President and not by the Supreme Court
• __
which is not charged with the administrative function of d. Exercise executive supervision over all
supervisory control over executive officials. Thus did the Supreme
clerks of court and personnel of the
Court rule in Noblejas v. Teehankee4
Courts of First Instance throughout the
Philippines with respect to the discharge
Qualifications: Deputy Commissioner of their duties and functions in relation to
///shall be duly qualified member of the Philippine Bar the registration of lands;
///with at least ten years of practice in the legal profession e. Implement all orders, decisions, and
- ///benefits: shall receive compensation which shall decrees promulgated relative to the
be three thousand pesos per annum less than that registration of lands and issue, subject to
the approval of the Secretary of Justice,
of the Commissioner.
all needful rules and regulations therefor;
- ///additional duty: He shall act as Commissioner of
f. Verify and approve subdivision,
Land Registration during the absence or disability
consolidation, and
of the Commissioner and when there is a vacancy consolidation-subdivision survey plans of
in the position until another person shall have been properties titled under Act No. 496 except
designated or appointed in accordance with law. those covered by P.D. No. 957.
- ///additional duty: shall also perform such other 2. The Land Registration Commission/[LRA] shall
functions as the Commissioner may assign to him. have the following FUNCTIONS:
a. Extend speedy and effective assistance to
benefits division chiefs/Special Assistant to the the Department of Agrarian Reform, the
Commissioner,/Chief Geodetic Engineer Land Bank, and other agencies in the
- ///benefits: who shall each receive compensation at implementation of the land reform
the rate of three thousand four hundred pesos per program of the government;
annum less than that of the Deputy Commissioner b. Extend assistance to courts in ordinary
and cadastral land registration
proceedings;
benefits All other officials and employees:
c. Be the central repository of records
relative to original registration of lands
- ///benefits: whose salaries are not herein provided,
titled under the Torrens system, including
shall receive salaries corresponding to the
subdivision and consolidation plans of
minimum of their respective upgraded ranges as
titled lands.
provided under paragraph 3.1 of Budget Circular
---------------------------------------------------------
No. 273, plus sixty per centum thereof across the
board, notwithstanding the maximum salary FUNCTIONS: LRA
allowed for their respective civil service Can LRA be compelled by mandamus to issue decree
eligibilities. ///Thus, where the Administrator files his report as an officer of
- ///benefits:The salaries of officials and employees the court precisely to inform the latter that the LRA cannot
provided in this Decree shall be without prejudice comply with the order to issue a decree because the subject lot
sought to be registered was discovered to have been already
to such benefits and adjustments as may from time
decreed and titled in the name of another, the LRA, under the
to time be granted by the President or by the circumstances, is not legally obligated to follow the court’s order
legislature to government employees. for the issuance of the decree.7 The issuance of a decree of
registration is part of the judicial function of courts and is not
--------------------------------------------------------- compellable by mandamus because it involves the exercise of
Section 6 discretion. [Laburada v. Land Registration Authority, GR No.
101387, March 11, 1998, 287 SCRA 333]
General FUNCTIONS.
1. The Commissioner/[administrator] of Land Is it The LRA that represent the government in registration
Registration shall have the following functions: proceedings?
a. Issue decrees of registration pursuant to NO, Under the Administrative Code of 1987, the Solicitor
General, as counsel for the government, shall represent the
final judgments of the courts in land
government “in all land registration and related proceedings.”
registration proceedings and cause the [10See also PD No. 478]
issuance by the REGISTERS OF DEEDS
of the corresponding certificates of title; 1. Historical evolution of the LRA.
b. Exercise supervision and control over all
REGISTERS OF DEEDS and other Court of Land Registration (Act 496 – Land Registration Law,
personnel of the Commission; Nov. 6, 1902)
c. Resolve cases elevated en consulta by, or
on appeal from decision of, REGISTERS Act 2347 - Creating General Land Registration Office (GLRO)
OF DEEDS;
1
• __
2
• __
1998) administrative officer, the issuance of the final decree can
hardly be considered a ministerial act for the reason that said
FACTS: Chief of the General LandRegistration Office acts not as an
Sps. Laburada applied for the registration of Lot 3-A which administrative officer but as an officer of the court and so the
was approved by the trial court. Upon motion of petitioners, issuance of a final decree is a judicial function and not an
the trial court issued an order requiring the LRA to issue the administrative one (Delos Reyes vs. De Villa)
corresponding decree of registration. However, the LRA
refused. Hence, petitioners filed an action for mandamus. The
3. Functions of the LRA Administrator [Section 6, P.D. 1529]
LRA revealed that based on records, Lot 3-A which sought to
be registered by Sps. Laburada is part of Lot No. 3, over which
TCT No. 6595has already been issued. CAPTION: Laburada vs. Land Registration Authority, G.R. No.
101387. March 11, 1998
Upon the other hand, Lot 3-B of said Lot 3 is covered by
Transfer Certificate of Title No. 29337 issued in the name of
Pura Escurdia Vda. de Buenaflor, which was issued as a What is the nature of LRA officials work in this case? judicial?
transfer from TCTNo. 6595. The LRA contended that to issue
the corresponding decree of registration sought by the In Ramos vs. Rodriguez, 18 this Court ruled that the LRA is
petitioners, it would result in the duplication of titles over the mandated to refer to the trial court any doubt it may have in
same parcel of land, and thus contravene the policy and regard to the preparation and the issuance of a decree of
purpose of the Torrens registration system, and destroy the registration. In this respect, LRA officials act not as
integrity of the same administrative officials but as officers of said court, and their
act is the act of the court. They are specifically called upon to
ISSUES/RULING "extend assistance to courts in ordinary and cadastral land
Whether or not the LRA may be compelled by mandamus to registration proceedings."
issue adecree of registration if it has evidence that the subject
land may alreadybe included in an existing Torrens certificate
of title? CAPTION: Noblejas vs. Teehankee, No. L-28790. April 29, 1968
After the finality of the decision, the trial court, upon motion of
petitioners, issued an order dated March 15, 1991 requiring
the LRA to issue the corresponding decree of registration. FACTS:
However, the LRA refused. Hence, petitioners filed this action Antonio Noblejas, herein petitioner, was the duly appointed
for mandamus. The LRA cannot be compelled by mandamus and confirmed Commissioner of Land Registration. Under the
to issue decree [Laburada vs. Land Registration Authority G.R. terms provided in Republic Act No. 1151, the said
No. 101387. March 11, 1998] Commissioner is entitled to the same compensation,
emoluments and privileges as those of a judge of the Court of
NO. It is settled that a land registration court has no jurisdiction First Instance.
to order the registration of land already decreed in the name
of another in an earlier land registration case. A second On March 7, 1968, respondent Secretary of Justice sent to the
decree for the same land would be null and void, since the petitioner a letter requiring him to explain in writing why no
principle behind original registration is to register a parcel of disciplinary action should be taken against petitioner for
land only once. "approving or recommending approval of subdivision,
consolidation and consolidation subdivision plans covering
Thus, if it is proven that the land which petitioners are seeking areas greatly in excess of the areas covered by the original
to register has already been registered in 1904and 1905, the titles." Noblejas answered and apprised the Secretary of
issuance of a decree of registration to petitioners will run Justice that, as he enjoyed the rank, privileges, emoluments
counter to said principle. The issuance of a decree of and compensation of a Judge of the Court of First Instance,
registration is part of the judicial function of courts and is not a he could only be suspended and investigated in the same
mere ministerial act which may be compelled through manner as a Judge of the Courts of First Instance, and,
mandamus. It is not legally proper to require the LRA to issue a therefore, the papers relative to his case should be submitted
decree of registration. to the Supreme Court, for action thereon conformably to
section 67 of the Judiciary Act (R. A. No. 296) and Revised
Indeed, it is well-settled that the issuance of such decree is Rule 140 of the Rules of Court.
not compellable by mandamus because it is a judicial act
involving the exercise of discretion. Likewise, the writ of On March 18, 1968, petitioner applied to this Court, reiterating
mandamus can be awarded only when the petitioners' legal the contentions advanced in his letter to the Secretary of
fight to the performance of the particular act which is sought Justice, claiming lack of jurisdiction and abuse of discretion,
to be compelled is clear and complete. Under Rule 65 of the and praying for restraining writs. In their answer respondents
Rules of Court, a clear legal right is a right which is indubitably admit the facts but denied that petitioner, as Land
granted by law or is inferable as a matter of law. If the fight is Registration Commissioner, exercises judicial functions, or that
clear and the case is meritorious, objections raising merely the petitioner may be considered a Judge of First Instance
technical questions will be disregarded. But where the right within the purview of the Judiciary Act and Revised Rules of
sought to be enforced is in substantial doubt Of dispute, as in Court 140; that the function of investigating charges against
this case, mandamus cannot issue. public officers is administrative or executive in nature; that the
Legislature may not charge the judiciary with non-judicial
Whether or not the issuance of decree of registration after functions or duties except when reasonably incidental to the
judgment is a ministerial act? fulfillment of judicial duties, as it would be in violation of the
No. The issuance of decree of registration after judgment is principle of the separation of powers.
not a ministerial act. The issuance of a decree of registration
is part of the judicial function of courts and is not amere ISSUES/RULING
ministerial act which may be compelled through mandamus. Whether or not the Commissioner of Land Registration,
performing judicial functions may only be investigated by the
Furthermore,although the final decree is actually prepared by Supreme Court:
the Chief of the General LandRegistration Office, the
3
• __
such time as the same could be furnished out of national The Secretary of Justice shall define the official station and
funds. territorial jurisdiction of each Registry upon the
recommendation of the LRA Administrator, with the end in view
---------------------------------------------------------
of making every Registry easily accessible to the people of the
NOTES: REGISTER OF DEEDS neighboring municipalities.
---------------------------------------------------------
What is registration
“Registration in general, as the law uses the word,means any Section 8
entry made in the books of the Registry, including both Appointment of REGISTERS OF DEEDS and their
registration in its ordinary and strict sense, and cancellation, Deputies and other subordinate personnel; salaries.
annotation, and even the marginal notes.
REGISTERS OF DEEDS shall be appointed by the
In its strict acceptation, it is the entry made in the Registry which President of the Philippines upon recommendation of the
records solemnly and permanently the right of ownership and Secretary of Justice. Deputy REGISTERS OF DEEDS and
other real rights.” all other subordinate personnel of the REGISTRY OF
DEEDS shall be appointed by the Secretary of Justice upon
[16Po Sun Tun v. Price, GR No. 31346, Dec. 28, 1929, 54 Phil. 192.]
4
• __
5
• __
6
• __
7
• __
- In his Brief before this Court, counsel for appellants Paquito Tiu who signed them. Paquito presented his Owner's
argue that the mortgage sought to be registered Duplicate Copy of TCT No. 1035 and submitted a Sworn
was not recorded before the closing of the intestate Statement stating that he never signed the loan documents
proceedings of the deceased mortgagor, but was applied for by Marian and that his signatures therein were
so recorded only four months after the termination forged.
of said proceedings, so that the claim of movant has
been reduced to the character of a mere money BPI Family immediately made a verification with the Office of
claim, not a mortgage, hence the mortgage may the Register of Deeds of San Juan City. Upon thorough
not be registered. examination, the Owner's Duplicate Copy of TCT No. 1035
- In the first place, the proceeding to register the submitted by Marian, although on its face appeared to be
mortgage does not purport to determine the real and authentic since the title was in a Land Registration
supposed invalidity of the mortgage or its effect. Authority form, turned out to be fake and spurious. After such
- Registration is a mere ministerial act by which a discovery, Dee, as Register of Deeds, filed with the Office of
deed, contract or instrument is sought to be the Prosecutor (Pasig City) a case against Marian for
inscribed in the records of the Office of the Register falsification of public documents.
of Deeds and annotated at the back of the
certificate of title covering the land subject of the ISSUES/RULING
deed The registration of a lease or mortgage, or the The issue for our resolution is whether the CA erred in
entry of a memorial of a lease or mortgage on the exonerating Manalastas for negligence in failing to determine
register, is not a declaration by the state that such the genuineness of the owner's duplicate copy of the title
an instrument is a valid and subsisting interest in land; attached to the real estate mortgage sought to be annotated
it is merely a declaration that the record of the title with the Office of the Register of Deeds of San Juan City.
appears to be burdened with the lease or mortgage W/N the Register of Deeds is authorized to determine whether
described, according to the priority set forth in the or not fraud was committed in the document sought to be
certificate. registered.
NO Since registration of documents is a ministerial act and
DOCTRINE: Registration is a mere ministerial act by which a merely creates a constructive notice of its contents against all
deed, contract or instrument is sought to be inscribed in the third persons,16 the Register of Deeds is not authorized to
records of the Office of the Register of Deeds and annotated determine whether or not fraud was committed in the
at the back of the certificate of title covering the land subject document sought to be registered.
of the deed, contract or instrument. When a court orders the
registration and annotation of a mortgage on the certificate Registration is a mere ministerial act by which a deed,
of title covering the land mortgaged, said court does not pass contract, or instrument is sought to be inscribed in the records
upon the effect or validity of the mortgage. These can only of the Office of the Register of Deeds and annotated at the
be determined m an ordinary case before the courts, not back of the certificate of title covering the land subject of the
before a court acting merely as a registration court, which deed, contract, or instrument. Being a ministerial act, it must
does not have jurisdiction to pass upon these questions. be performed in any case. The public officer having this
(Agricultural Credit Cooperative Assn. of Uinigargn vs. yusay, ministerial duty has no choice but to perform the specific
et al. No. L- 13313. April 28, 1960) action which is the particular duty imposed by law. The
purpose of registration is to give notice to all persons.
It operates as a notice of the deed, contract, or instrument to
CAPTION: Office of the Ombudsman vs. Manalastas, G.R.No. others, but neither adds to its validity nor converts an invalid
208264, July 27, 2016 instrument into a valid one between the parties.
FACTS:
This case originated from a complaint for Grave Misconduct
filed by Miriam Jane M. Jacinto (Jacinto), Assistant Vice CAPTION: Balbin vs. Register of Deeds of Ilocos Sur, No.
President of BPI Family Savings Bank, Inc. (BPI Family), against L-20611. May 8, 1969
Atty. Lorna S. Dee (Dee), Manalastas, and Gilberto M. Paras (EXCEPTION TO MINISTERIAL DUTY)
(Paras), in their capacities as Register of Deeds, Examiner, and
Acting Deputy Register of Deeds, respectively, of the Office of FACTS:
the Register of Deeds of San Juan City, Metro Manila. Petitioners Aurelio and Francis Balbin presented to the Ilocos
Sur register of deeds a duplicate copy of the registered
Manalastas, as Examiner of said office, examined the owner’s certificate of title and a deed of donation inter-vivos,
documents and assessed the corresponding fees. After requesting that the latter be annotated on the title. The
Cuasay paid for the fees, Manalastas entered the mortgage registered owner Cornelio Balbin appears to have donated
in the Registration Book under Entry No. 4435/T-1035 and inter-vivos 2/3 portion of the land. The register of deeds
affixed his initials on the Real Estate Mortgage. Thereafter, denied the requested annotation for being “legally defective
Manalastas endorsed the same document to Paras, as Acting or otherwise not sufficient in law.” It appears that previously
Deputy Register of Deeds. After examination, Paras affixed his annotated in the memorandum of encumbrances on the
initials on the Real Estate Mortgage then endorsed it further to OCT are three separate sales earlier executed by Cornelio
Dee, the Register of Deeds. Finding the documents to have Balbin in favor of Florentino Gabayan, Roberto Bravo and
passed through the natural course of registration, Dee also Juana Gabayan, who each received their co-owner’s
affixed her signature on the Real Estate Mortgage, the duplicate CTs. Mainly because these 3 co-owner’s copies of
Owner's Duplicate Copy of TCT No. 1035, and the Registry CTs had not been presented by petitioners, the register of
Copy of TCT No. 1035, which served as collateral for the loan. deeds refused to make the requested annotation. Petitioners
referred the matter to the Commissioner of Land Registration,
On 1 February 2001, the real Paquito Tiu, accompanied by his who upheld the action of the Register of Deeds in a
lawyer, Atty. Deogracias C. Eufemio, went to BPI Family's main resolution.
office located in Makati City. Paquito informed BPI Family's
officers that the signatures of one Paquito Tiu appearing on ISSUES/RULING
the loan documents were not his since he was not the same W/N the refusal of the Register of Deeds to make the
8
• __
annotation is proper is easy to see how their integrity may be adversely
When an RD go beyond their ministerial duty? affected if an encumbrance, or an outright
YES. There being several copies of the same title in existence, conveyance, is annotated on one copy and not on
their integrity may be affected if an encumbrance, or an the others.
outright conveyance, is annotated on one copy and not on - The law itself refers to every copy
the others. If different copies were permitted to carry different authorized to be issued as a duplicate of
annotations, the whole system of Torrens registration would the original, which means that both must
cease to be available. contain identical entries of the
transactions, particularly voluntary ones,
Since the property subject of donation is also presumed affecting the land covered by the title. If
conjugal, that is, property of donor Cornelio and his this were not so, if different copies were
deceased wife Nemesia Mina, “there should first be a permitted to carry differing annotations,
liquidation of the partnership before the surviving spouse may the whole system of Torrens registration
make such a conveyance.” Assuming the conjugal nature of would cease to be reliable.
the property, the donation bears on its face an infirmity which - HELD: IN VIEW OF THE FOREGOING, the
justified the denial of registration, namely, the fact that 2/3 decisions of the Register of Deeds of Ilocos
portion of the property which Cornelio donated was more Sur and that of the Commissioner of Land
than ½ his share, not to say more than what remained of Registration are affirmed. No
such share after he had sold portions of the same land to 3 pronouncement as to costs.
other parties. - Upheld decision of the RD
ILOCOS SUR: The final part of the
annotations referring to the
abovementioned sales contains
an additional memorandum
CAPTION: Balbin vs. Register of Deeds of Ilocos Sur, No. stating that "three co-owner's
L-20611. May 8, 1969 duplicate certificates of title No.
548 have been issued (by the
If the duty of the Register of Deeds is merely ministerial, when register of deeds of Ilocos Sur) in
may the Register of Deeds refuse registration the name of Florentino Gabayan,
Under Balbin v. Register of Deeds of Ilocos Sur, GR No. L-20611, Roberto Bravo and Juana
May 8, 1969, 28 SCRA 12, While the duty of the Register of Gabayan upon verbal request of
Deeds to register instruments dealing with registered property Mr. Andres Cabeldo, Notary
is ministerial, there are instances when he may be justified in Public of Caoayan, I. Sur, for and
denying registration, to wit: in the name of the vendees, this
5th day of January, 1956 at Vigan,
1. When there are several copies of the title (co-owner’s I. Sur." Mainly because these three
duplicate) but only one is presented with the instrument to be other co-owner's copies of the
registered. certificate of title No. 548 had not
- Without presenting those three (3) other duplicates of been presented by petitioners,
the title, petitioners would want to compel the Register of Deeds refused to
annotation of the deed of donation upon the copy in make the requested annotation.
their possession, citing section 55 of Act 496, which
provides that "the production of the owner's 2. When the property is presumed to be conjugal but the
duplicate certificate of title whenever any voluntary instrument of conveyance bears the signature of only one
instrument is presented for registration shall be spouse. In a donation, for instance, where the deed is signed
conclusive authority from the registered owner to by only one of the spouses, such deed bears on its face an
the register of deeds to make a memorandum of infirmity which justifies the denial of its registration, namely, the
registration in accordance with such instrument." fact that the donor is donating more than his one-half share in
Under this provision, according to petitioners, the the property.
presentation of the other copies of the title is not - One other ground relied upon by the Land
required, first, because it speaks of "registered Registration Commissioner in upholding the action
owner" and not one whose claim to or interest in the taken by the Register of Deeds of Ilocos Sur is that
property is merely annotated on the title, such as the since the property subject of the donation is
three vendees-co-owners in this case; and secondly, presumed conjugal, that is, property of the marriage
because the issuance of the duplicate copies in of the donor, Cornelio Balbin, and his deceased
their favor was illegal or unauthorized. [me: owner wife, Nemesia Mina, "there should first be a
has one title? but on record the property is already liquidation of the partnership before the surviving
sold in three different titles?] spouse may make such a conveyance."
- We find no merit in petitioners' contention. Section
55, supra, obviously assumes that there is only one 3. When there is a pending case in court where the character
duplicate copy of the title in question, namely, that of the land and validity of the conveyance are in issue. In
of the registered owner himself, such that its such a case, the matter of registration may well await the
production whenever a voluntary instrument is outcome of that case, and in the meantime the rights of the
presented constitutes sufficient authority from him for interested parties could be protected by filing the proper
the register of deeds to make the corresponding notices of lis pendens. 35
memorandum of registration. In the case at bar, the - It appears that there is a case pending in the Court
three other copies of the title were in existence, of First Instance of Ilocos Sur (CC No. 2221), wherein
presumably issued under section 43 * of Act 496. As the civil status of the donor Cornelio Balbin and the
correctly observed by the Land Registration character of the land in question are in issue, as well
Commissioner, petitioners' claim that the issuance of as the validity of the different conveyances
those copies was unauthorized or illegal is beside the executed by him. The matter of registration of the
point, its legality being presumed until otherwise deed of donation may well await the outcome of
declared by a court of competent jurisdiction. There that case, and in the meantime the rights of the
being several copies of the same title in existence, it
9
• __
interested parties could be protected by filing the compelled by mandamus to comply with the RTC Order since
proper notices of lis pendens. there were existing transfer certificates of title covering the
subject parcels of land and there was reason to... question
the rights of those requesting for the issuance of the TCTs.
The Office of the Register of Deeds is not mandated to
CAPTION: Angeles vs. Secretary of Justice, G.R. No.
investigate further than necessary when documents
142549. March 9, 2010.
presented before it appear authentic.-—-ln this case, the
(EXCEPTION TO MINISTERIAL DUTY)
owner's duplicate copy of title attached to the real estate
mortgage was written in an official paper of the Land
FACTS: Registration Authority and contained all the markings of a
The property involved in this case is covered by Original genuine title. The Office of the Register of Deeds is not
Certificate of Title (OCT) No. 994, which encompasses One mandated to investigate further than necessary when
Thousand Three Hundred Forty-Two (1,342) hectares of the documents presented before it appear authentic.
Maysilo Estate... petitioner, together with other individuals, all
of them claiming to be the heirs of a certain Maria de la DOCTRINE: NOT REQUIRED TO INVESTIGATE
Concepcion Vidal, and alleging that they are entitled to The Office of the Register of Deeds is not mandated to
inherit her proportional share in the parcels of land located in investigate further than necessary when documents
Quezon City and in the... municipalities of Caloocan and presented before it appear authentic.-—-ln this case, the
Malabon, Province of Rizal, commenced a special civil action owner's duplicate copy of title attached to the real estate
for partition and accounting of the property otherwise known mortgage was written in an official paper of the Land
as Maysilo Estate covered by OCT No. 994, allegedly Registration Authority and contained all the markings of a
registered on April 19, 1917 with the Registry of Deeds of genuine title. The Office of the Register of Deeds is not
Caloocan City. mandated to investigate further than necessary when
documents presented before it appear authentic.
In the RTC Order sought to be implemented, Judge Jaime D.
Discaya granted the partition and accounting prayed for by DOCTRINE: MAY SUSPEND WHEN
plaintiffs in that case; directed the respective Registers of The Registrar of Deeds may suspend registration of a o
Deeds of Caloocan City and Quezon City to issue transfer voluntary transaction on the ground that the subject property
certificates of title... in the names of all the co-owners, is involved in litigation The matter of registration of an
including petitioner, for twelve (12) parcels of land... and instrument disposing of a registered land under the Torrens
ordered that said parcels of land be sold, subject to the... system may be suspended to await the outcome of a suit to
confirmation of the Court, and the proceeds be divided determine the validity of the different conveyances executed
among the plaintiffs in proportion to their respective interests by the person seeking the registration of the voluntary
in the property. Petitioner alleges that the respective Registers instrument. (Balbin vs. Register of Deeds of Sur, No. L-20611.
of Deeds of Caloocan City and Quezon City refused to May 8, 1969
comply with the RTC Order because they were still awaiting
word from the LRA Administrator before proceeding. Counsel DOCTRINE:
for petitioner then requested the LRA Administrator to... direct The Register of Deeds cannot be compelled
said Registers of Deeds to comply with the Order. The LRA o by mandamus to comply with the RTC Order since there
Administrator,... sent counsel for petitioner a letter-reply We were existing transfer certificates of title covering the subject
regret to inform you that your request cannot be granted in parcels of land and there was reason to question the rights of
view of the directive of the Department of Justice... as a result those requesting for the issuance of the TCTs Click to add
of the inquiry conducted by the Composite Fact-Finding notes
Committee (created under DOJ Department Order No. 137)
finding that there is only one OCT No. 994 which was issued by As can be gleaned from the above discussion, the issuance
the Rizal Register of Deeds on 3 May 1917 (and not on 19 April by the LRA officials of a decree of registration is not a purely
1919) The LRA Administrator likewise wrote that in Senate ministerial duty in cases where they find that such would result
Committee Report No. 1031 dated May 25, 1998, the Senate to the double titling of the same parcel of land. In the same
Committees on Justice and Human Rights and Urban Planning vein, we find that in this case, which involves the issuance of
came up with the following findings:... i. There is only one transfer certificates of title, the Register of Deeds cannot be
Original Certificate of Title (OCT) No. 994 and this was issued compelled by mandamus to comply with the RTC Order since
or registered on May 3, 1917... ii. The [OCT] No. 994 dated April there were existing transfer certificates of title covering the
19, 1917 is non-existent. It was a fabrication perpetrated by subject parcels of land and there was reason to question the
Mr. Norberto Vasquez, Jr., former Deputy Registrar of Deeds of rights of those requesting for the issuance of the TCTs.
Caloocan City.
ISSUES/RULING
W/N public respondents unlawfully neglected to perform their CAPTION: Bon-Mar Realty and Sport Corporation vs. De
duties by their refusal to issue the questioned transfer Guzman, G.R. Nos. 182136-37. August 29, 2008.
certificates of title to petitioner and her co-plaintiffs (in Civil
Case No. C-424) or have... unlawfully excluded petitioner FACTS:
from the use and enjoyment of whatever claimed right The DE GUZMANS were the owners of two lots located in
We find that it was not unlawful for public respondents to Greenhills, San Juan, Metro Manila (the subject lots or
refuse compliance with the RTC Order, and the act being properties), which were covered by Transfer Certificates of
requested of them is not their ministerial duty;... hence, Title (TCT) Nos. 9052 and 9053. Owing to the need for
mandamus does not lie and the petition must be dismissed. campaign funds for Nicanor’s candidacy as member of the
House of Representatives, the DE GUZMANS borrowed money
As can be gleaned from the above discussion, the issuance from the SIOCHIS. As collateral, the DE GUZMANS executed a
by the LRA officials of a decree of registration is not a purely deed of sale dated April 10, 1987 in favor of the Siochis over
ministerial duty in cases where they find that such would result the subject lots.
to the double titling of the same parcel of land. In the same
vein, we find that in this... case, which involves the issuance of The SIOCHIS, however, caused the cancellation of TCT Nos.
transfer certificates of title, the Register of Deeds cannot be
10
• __
9052 and 9053 by virtue of the April 10, 1987 deed of sale. interest who disagrees with the final resolution, ruling
New titles, TCT Nos. 275-R and 276-R, were issued in their or order of the Commissioner relative to consultas
name. Thereafter, the SIOCHIS sold the subject lots to the UYS may appeal to the Court of Appeals within the
who were issued TCT Nos. 277-R and 278-R. Subsequently, the period and in manner provided in Republic Act No.
UYS entered into a lease agreement with Roberto 5434.
Salapantan.
W/N Resolution by the Commissioner of the Land Registration
Meanwhile, on March 10, 1999 or while the UYS’ petition in Authority on the consulta may be appealed to the Court of
G.R. No. 109197 was pending, BON-MAR filed Civil Case No. Appeals,
673157 for nullification of title against the UYS and the Register Under the 1997 Rules of Procedure, the resolution by the
of Deeds of San Juan. BON-MAR claimed that after G.R. No. Commissioner of the Land Registration Authority on the
109217 became final and executory (on December 11, 1994), consulta may be appealed to the Court of Appeals, which
the UYS’ titles were cancelled and in lieu thereof new titles has exclusive jurisdiction to decide the same, within the
were issued in the name of the DE GUZMANS (TCT Nos. 6982-R period and in the manner provided in Rule 43 thereof. SCA
and 6983-R); that thereafter, the DE GUZMANS sold the No. 2988-SJ should thus be dismissed for being the wrong
subject lots to spouses Abundia and Jose Garcia (the mode of remedy.
GARCIAS); that on January 23, 1996, BON-MAR bought the
lots from the GARCIAS and, as a result, TCT Nos. 7480-R and W/N REGISTRY OF DEEDS maybe held in contempt for refusing,
7481-R were issued in its name; that on April 1, 1996, BON-MAR is this the property remedy should the RD refused a
caused the subdivision of the properties into four (4) lots, registration?
under TCT Nos. 7650-R to 7653-R; that TCT Nos. 7650-R to Anent the propriety of DE GUZMANS' intervention in SCA No.
7653-R were transferred to the UYS on January 10, 1997, to 2988-S), this Court finds that contempt is not the proper
whom TCT Nos. 8238-R to 8241-R were issued; however, the remedy available to BON-MAR for the Registrar of Deeds'
said January 10, 1997 transfer in favor of the UYS was a denial of its request for issuance of titles pursuant to the
forgery, as the latter allegedly forged the signature of judgment in Civil Case No. 67315. Under Presidential Decree
BON-MAR’s President (Bonifacio Choa or CHOA) on the deed No. 1529, or the Property Registration Decree, BON-MAR
of sale and other related documents. On March 11, 1999, should appeal the Registrar of Deeds' denial by consulta to
BON-MAR caused the annotation of a notice of lis pendens in the Commissioner of the Land Registration Authority.
Civil Case No. 67315, under Entry No. 34865, on the titles
covering the subject properties. The Register of Deeds shall make a memorandum of the
pending consulta on the certificate of title which shall be
ISSUES/RULING cancelled motu proprio by the Register of Deeds after final
May the DE GUZMANS intervene in SCA No. 2988-SJ? – resolution or decision thereof, or before resolution, if
No, Anent the propriety of DE GUZMANS’ intervention in SCA withdrawn by petitioner. (Bon-Mar Realty and Sport
No. 2988-SJ, this Court finds that contempt is not the proper Corporation vs. De Guzman, G.R. Nos. 182136-37. August 29,
remedy available to BON-MAR for the Registrar of Deeds’ 2008)
denial of its request for issuance of titles pursuant to the
judgment in Civil Case No. 67315. Under Presidential Decree
No. 1529, or the Property Registration Decree, BON-MAR
should appeal the Registrar of Deeds’ denial by consulta to
the Commissioner of the Land Registration Authority. Thus:
- SECTION 117. Procedure. — When the Register of When it is doubtful whether to register a deed or instrument on
Deeds is in doubt with regard to the proper step to the ground that it is invalid, what should the Register of Deeds
be taken or memorandum to be made in pursuance do? [#doubtfulquestions]
of any deed, mortgage or other instrument Doubtful questions shall be submitted to LRA Administrator for
presented to him for registration, or where any party resolution.
in interest does not agree with the action taken by
the Register of Deeds with reference to any such When in doubt, all that he is supposed to do is to submit and
instrument, the question shall be submitted to the certify the question to the LRA Administrator who shall, after
Commissioner of Land Registration by the Register of
notice and hearing, enter an order prescribing the step to be
Deeds, or by the party in interest thru the Register of
taken on the doubtful question. [29Sec. 117, PD No. 1529; Almirol
Deeds.
- Where the instrument is denied registration, the v. Register of Deeds of Agusan, GR No. L-22486, March 20, 1968,
Register of Deeds shall notify the interested party in 22 SCRA 1152.]
writing, setting forth the defects of the instrument or - Corollarily, where any party in interest does not agree
legal grounds relied upon, and advising him that if with the action taken by the Register of Deeds with
he is not agreeable to such ruling, he may, without reference to any instrument submitted to him for
withdrawing the documents from the Registry, registration, the question shall be submitted to the LRA
elevate the matter by consulta within five days from Administrator who shall thereafter “enter an order
receipt of notice of the denial of registration to the prescribing the step to be taken or memorandum to be
Commissioner of Land Registration made,” which shall be “conclusive and binding upon
- The Register of Deeds shall make a memorandum of all Registers of Deeds.” This administrative remedy must
the pending consulta on the certificate of title which be resorted to by the interested party before he can
shall be cancelled motu proprio by the Register of
have recourse to the courts. [Sec. 117, PD No. 1529;
Deeds after final resolution or decision thereof, or
Almirol v. Register of Deeds of Agusan, GR No. L-22486,
before resolution, if withdrawn by petitioner.
- The Commissioner of Land Registration, considering March 20, 1968, 22 SCRA 1152.]]
the consulta and the records certified to him after
notice to the parties and hearing, shall enter an Whether the document is invalid, frivolous or intended to harass,
order prescribing the step to be taken or is not the duty of Register of Deeds to decide, but a court of
memorandum to be made. His resolution or ruling in competent jurisdiction.”[1Gabriel v. Register of Deeds of Rizal,
consultas shall be conclusive and binding upon all GR No. L-17956, Sept. 30, 1963, 9 SCRA 136]
Registers of Deeds, provided, that the party in - The question of whether or not a conveyance was
made to defraud creditors of the transferor should
11
• __
better be left for determination by the proper court. exceed the salary authorized for the position thus
There is as much danger in giving this authority to the
filled by him.
Register of Deeds without judicial intervention.[. 32In re
Vicente J. Francisco, GR No. 45192, April 10, 1939, 67 3. In case of a newly-created province or city and
Phil. 222.] pending establishment of a Registry of Deeds and
- And although there may be some matters in which the the appointment of a regular REGISTER OF
Register of Deeds has quasi-judicial power, a suit to DEEDS for the new province or city, the
quiet title or to ascertain and determine an interest in
REGISTER OF DEEDS of the mother province or
real property is a matter exclusively within the
jurisdiction of the courts.[33Smith, Bell & Co. v. Register city shall be the ex-officio REGISTER OF
of Deeds of Leyte, GR No. 24736, Jan. 29, 1926, 48 Phil. DEEDS for said new province or city.
656.] ---------------------------------------------------------
IN CASE OF VACANCIES: REGISTER OF DEEDS
Can the court issue an order to register an instrument, without
notice to registrar of deeds?
NOTES: above
When a writ of preliminary injunction in a cadastral proceeding is
dissolved, the obstacle to the registration of a deed of sale is
removed, but it is no authority for the court to issue an order for ---------------------------------------------------------
registration of said deed without notice to the Register of Deeds Section 12
or to the adverse party, where the dismissal of the cadastral Owner's Index; reports.
case is not yet final. There shall be prepared in every Registry an index system
It is one thing for the Register of Deeds, in the exercise of his
which shall contain the names of all registered owners
ministerial duties under the law, to register an instrument which in alphabetically arranged. For this purpose, an index card
his opinion is registrable, and quite another thing for the court which shall be prepared in the name of each registered
itself to order the registration. The former does not contemplate owner which shall contain a list of all lands registered in
notice to and hearing of interested parties such as are required
his name.
in a judicial proceeding nor carry with it the solemnity and legal
consequences of a court judgment. [34Ledesma v. Villaseñor,
GR No. L-18725, March 31, 1965, 13 SCRA 494] The REGISTER OF DEEDS shall submit to the Land
Registration Commission within ten days after the month
--------------------------------------------------------- to which they pertain his monthly reports on collections
Section 11 and accomplishments. He shall also submit to the
Discharge of duties of REGISTER OF DEEDS in case of Commission at the end of December of each year, an
vacancy, etc. annual inventory of all titles and instruments in his
1. Until a regular REGISTER OF DEEDS shall have Registry.
been appointed for a province or city, or in case of ---------------------------------------------------------
vacancy in the office, or upon the occasion of the Owner's Index [card] :REGISTER OF DEEDS
absence, illness, suspension, or inability of the
REGISTER OF DEEDS to discharge his duties, [monthly reports ]:REGISTER OF DEEDS
said duties shall be performed by the following
officials, in the order in which they are mentioned [annual inventory]:REGISTER OF DEEDS
below, unless the Secretary of Justice designates
another official to act temporarily in his place: NOTES: above
a. For the province or city where there is a
12
• __
13
issuance of the original certificate of title
based on the decree of registration, patent,
Chapter III Original Registration award or grant. (Registration of Deeds,
Manual of Registration)
--------------------------------------------------------- 2. Registration by Judicial Confirmation of Imperfect Title
NOTES: REGISTRATION 3. Registration Under the Indigenous People's Rights Act
4. Registration under the CARL
VIA THE TORRENS SYSTEM
What is the main goal of registration?
DEFINE REGISTRATION The main principle of registration is to make registered titles
indefeasible. Upon the presentation in court of an application
[Cheng v. Genato, GR No. 129760, Dec. 29, 1998, 300 SCRA for the registration of the title to lands, the theory under the
722] Torrens system is that all occupants, adjoining owners, adverse
claimants, and other interested persons are notified of the
“Registration” means any entry made in the books of the proceedings, and have a right to appear in opposition to such
registry, including both registration in its ordinary and strict application. In other words, the proceeding is against the whole
sense, and cancellation, annotation, and even marginal
world. This system was evidently considered by the Legislature to
notes. In its strict acceptation, it is the entry made in the
be a public project when it passed Act No. 496 and later, PD No.
registry which records solemnly and permanently the right of
ownership and other real rights. 1529. The interest of the community at large was considered to
be preferred to that of private individuals. [Grey Alba v. De la
Registration of title or original registration takes place when Cruz, supra.]
the title to land is made of public record for the first time in the
name of its lawful owner. It refers to the registration procedure What does registration do?
from the filing of the application to issuance of the original AGCAOILI: Registration only confirms existing title.
certificate of title based on the decree of registration, patent,
award or grant. (Registration of Deeds, Manual of The Torrens system of land registration is a system for the
Registration) registration of title to land only, and not a system established for
the acquisition of land. It is not intended that lands may be
acquired by said system of registration. [Roxas v. Enriquez, GR
No. 8539, Dec. 24, 1914, 29 Phil. 31.]
WHAT ARE THE TWO SYSTEMS OF REGISTRATION - NOTE: If there exists known and just claims against the
title of the applicant, he gains nothing in effect by his
for registered lands for unregistered lands registration, except in the simplicity of subsequent
transfer of his title. The registration either relieves the
under PD No. 1529 (Property under Act NO. 3344 land of all known as well as unknown claims, absolutely,
Registration Decree) or it compels the claimants to come into court and to
make there a record, so that thereafter there may be
Registration of instruments no uncertainly concerning either the character or the
must be done in the proper registry in order to bind the land. extent of such claims. [Roxas v. Enriquez, GR No. 8539,
Dec. 24, 1914, 29 Phil. 31.]
Accordingly, if a parcel of The recording of instruments
land covered by a Torrens relating to unregistered lands AGCAOILI: A decree Of registration merely confirms, but does
title is sold, but the sale is is governed by Section 113 of not confer, ownership. Cast somewhat differently, the primary
registered under Act No. PD No. 1529 which provides purpose Of the Torrens system is the registration of title which the
3344 and not under the applicant has and to relieve his land of unknown liens or claims,
Property Registration Decree, - that no deed, conveyance, just or unjust, against it.
the sale is not considered mortgage, lease or other
registeredl' and the voluntary instrument - The Torrens system of land registration is a system for the
registration of the deed does affecting land not registered registration of title to land only, and not a system
not operate as constructive under the Torrens system established for the acquisition of land. [Roxas v.
notice to the whole world shall be valid, Enriquez, GR No. 8539, Dec. 24, 1914, 29 Phil. 31.]
- except as between - 'It is not intended that lands may be acquired by said
the parties thereto, system of registration. It is intended only that the title,
unless such which the petitioner has, shall be registered and
instrument shall thereby cleared of all liens and burdens of whatsoever
have been character, except those which shall be noted in the
recorded in the order of registration and in the certificate issued.
office Of the [Roxas v. Enriquez, GR No. 8539, Dec. 24, 1914, 29 Phil.
Register of Deeds. 31.]
The recording,
however, shall be Will it VEST a new title?
"without prejudice Registration does not vest or give title to the land, but merely
to a third party with confirms and thereafter protects the title already possessed by
a better right. the owner, making it imprescriptible by occupation of third
parties. The registration does not give the owner any better title
than he has. He does not obtain title by virtue of the certificate.
What are the kinds of registration (Atty. Voltaire San Pedro, 2020) He secures his certificate by virtue of the fact that he has a fee
1. Registration Under the Property Registration Decree simple title." [Legarda v. Saleeby, supra; Republic v. Court of
○ Registration of title or original registration takes Appeals nnd Del Rio. GR No. 1_..43105, Aug. 31. 1984, 131 SCRA
place when the title to land is made of public 632: Duque•RoEario v. Banco Filipino Savings and Mortgage
record for the first time in the name of its Bank, GRNo. 140528. Dec. 7, 2011.]
lawful owner. It refers to the registration
procedure from the filing of the application to
• __
Will registration in the Torrens System make the ownership of the 2. Those who have acquired ownership of private
land undisputable? What does a certificate of title serve as?
Placing a parcel of land under the Torrens system does not lands by prescription under the provision of
mean that ownership thereof can no longer be disputed. existing laws.
Ownership is different from a certificate of title. While the
certificate of title may be considered the best proof of
3. Those who have acquired ownership of private
ownership, the mere issuance thereof does not foreclose the lands or abandoned river beds by right of
possibility that the property may be under co-ownership with accession or accretion under the existing laws.
persons not named in the certificate or that the registrant may
only be a trustee or that other parties may have acquired
4. Those who have acquired ownership of land in any
interest subsequent to the issuance of the certificate of title [Lee other manner provided for by law.
Tek Sheng v. Court of Appeals. supra. see Ono v. Lim. GR No.
154270. March 9, 2010. 614 SCRA]
Where the land is owned in common, all the co-owners
Is registration a mode of acquiring ownership?: shall file the application jointly.
REGISTRATION IS NOT A MODE OF ACQUIRING OWNERSHIP
- It is merely a procedure to establish evidence of title Where the land has been sold under pacto de retro, the
over realty.
vendor a retro may file an application for the original
- It only confirms, but does not confer, ownership.
- It is a means of confirming the fact of its existence with registration of the land, provided, however, that should the
notice to the world at large. period for redemption expire during the pendency of the
registration proceedings and ownership to the property
Is CERTIFICATE OF TITLE is a source of right? consolidated in the vendee a retro, the latter shall be
CERTIFICATE OF TITLE is not a source of right. It merely confirms or substituted for the applicant and may continue the
records a title already existing and vested. The mere possession
proceedings.
does not make one the true owner of the property.
A trustee on behalf of his principal may apply for original
Distinguish between Title and a Certificate of Title. registration of any land held in trust by him, unless
It refers to the lawful cause or It is a mere evidence of
prohibited by the instrument creating the trust.
ground of possessing; ownership ---------------------------------------------------------
NOTES: Who may apply? co-owners
It refers to the foundation of It may be an Original
ownership of property, real or Certificate of Title (which
personal, which constitutes constitutes true copy of the Where the land is owned in common, all the co-owners
just cause of exclusive decree of registration) or a shall file the application jointly.
possession Transfer Certificate Title
(issued subsequent to the
original registration) Can a co-owner file for registration without the other co-owners
as applicant:
---------------------------------------------------------
NO. Since a co-owner cannot be considered a true owner of a
I ORDINARY REGISTRATION PROCEEDINGS specific portion until division or partition is effected, he cannot
file an application for registration for the whole area without
joining the co-owners as applicants.
A. Applications What is the limit of the rights of the co-owner
Who may apply? Under Article 493 of the Civil Code,
- Article 493. Each co-owner shall have the full ownership
of his part and of the fruits and benefits pertaining
thereto, and he may therefore alienate, assign or
REGISTRATION UNDER THE PROPERTY mortgage it, and even substitute another person in its
REGISTRATION DECREE enjoyment, except when personal rights are involved.
- But the effect of the alienation or the mortgage, with
respect to the co-owners, shall be limited to the portion
Section 14 which may be allotted to him in the division upon the
Who may apply. termination of the co-ownership. (399)
The following persons may file in the proper Court of First ---------------------------------------------------------
Instance an application for registration of title to land, NOTES: Who may apply? Vendee a retro may file
whether personally or through their duly authorized application in his name
representatives: Where the land has been sold under pacto de retro, the
1. Those who by themselves or through their vendor a retro may file an application for the original
predecessors-in-interest have been in open, registration of the land, provided, however, that should
continuous, exclusive and notorious possession the period for redemption expire during the pendency of
and occupation of alienable and disposable lands the registration proceedings and ownership to the
of the public domain under a bona fide claim of property consolidated in the vendee a retro, the latter
ownership since June 12, 1945, or earlier. shall be substituted for the applicant and may
continue the proceedings.
1
• __
occupation can ripen into ownership over lands of the public
May a Vendee a retro register a land? domain; all lands of the public domain presumably belong to
A sale with pacto de retro transfers the legal title to the vendee the State and are inalienable. (Diaz- Enriquezvs. Dir. of Lands,
- and the vendee is subrogated to all the rights and ibid.)
actions of the vendor, subject to the latter's right of
redemption.
- Having the legal title to the land, the vendee a retro
CAPTION: MALABANAN, vs. REPUBLIC OF THE PHILIPPINES, G.R.
has therefore a registrable title thereto which may be
No. 179987. SEPTEMBER 3, 2013
the subject of initial registration.
badge: Requisites for Registration under Section 14(1) of P.D.
- The right to redeem the property retained by the 1529.; Alienable and Disposable Lands of the Public Domain
vendor a retro should only be noted in the decree and
certificate of title that may be issued.
FACTS:
---------------------------------------------------------
NOTES: Who may apply? trustee on behalf of his
principal ISSUES/RULING
What are the requirements of registration under Section 14(1)
A trustee on behalf of his principal may apply for "1. The applicant, by t hemselves or through their
original registration of any land held in trust by him, predecessors-in-interest, has been in possession a
nd
unless prohibited by the instrument creating the trust. occupation of the property subject of the application;
2. The possession a
nd occupation must be o
pen,
continuous, exclusive and notorious;
What is a trustee? trustor? beneficiary?
trustor 3. The possession a
nd occupation must be under a bona
- A person who establishes a trust fide claim of ownership;
trustee
- One in whom confidence is reposed as regards 4. The possession and occupation must have taken place
property for the benefit of another since June 12, 1945, or earlier;
beneficiary or cestui que trust
- the person for whose benefit the trust has been 5. The property subject of the application must be an
created agricultural land of the public domain."
- NOTE: Such agricultural land, a
lienable and
Is a corporation a trustee? Can a corporation register a land?
disposable lands of the public domain
YES, A corporation sole or "ordinary" is not the owner of the
- “Accordingly, public lands not shown to
properties that he may acquire but merely the administrator have been reclassified or released as
thereof and holds the same in trust for the faithful or members of alienable agricultural land or alienated to
the society or church [beneficiary] for which the corporation is a private person by the State remain part
organized. Properties acquired by the incumbent pass by of the alienable public domain.” [Republic
operation of law, upon his death not to his personal heirs but to v. Munoz GR No. 151910, Oct. 15.2007]
his successor in office.[trustor]
How can a trustee apply for registration? Is it required that land should have been declared alienable and
disposable agricultural land as early as June 12, 1945
Whoever claims an interest in registered land by reason of any
There appears to be no other legislative intent that could be
implied or constructive trust shall file with the Register of Deeds
associated with the date. June 12, 1945, as written in our
for registration a sworn statement containing a description of the registration laws except that it qualifies the requisite period Of
land, the name of the registered owner and a reference to the possession and occupation. The law imposes no requirement
number of the certificate of title. that land should have been declared alienable and disposable
- Such claim shall not affect the title of a purchaser for agricultural land as early as June 12, 1945. [*Espiritu v. Republic,
value and in good faith before its registration GR No. 219070. June 21.2017]
---------------------------------------------------------
What is important in computing the period of possession is that
NOTES: Who may apply? Under Section 14(1)
the land has already been declared alienable and disposable
“The following persons may file in the proper Court of at the time of the application for registration. [R
epublic v. Court
First Instance an application for registration of title to land” of Appeals and Naguit, GR No. 144057. Jan, n. 2005.448 SCRA
442].
- Upon satisfaction of this requirement, the computation
1. Those who by themselves or through their of the period may include the period of adverse
possession prior to the declaration that land is
predecessors-in-interest have been in open, continuous, alienable and disposable [AFP Retirement and
exclusive and notorious possession and occupation of Separation Benefit" System v. Republic, GR No. 180086,
alienable and disposable lands of the public domain July 2.2014.]
under a bona fide claim of ownership since June 12,
W/N it is necessary under Section 14(1) of the Property
1945, or earlier. Registration Decree that the subject land be first classified as
alienable and disposable before the applicant's possession
under a bona fide claim of ownership could even start.
NOTE: Lands of the public domain, unless declared otherwise by
NO. The Court answered in the negative, holding that Section
virtue of a statute or law, are inalienable and can never be 14(1) merely requireS the property sought to be registered as
acquired by prescription; no amount of time of possession Of already alienable and disposable "at the time the application
2
• __
for registration of title is filed." Republic v. Court of Appeals and
Naguit, GR No. 144057. Jan, n. 2005.448 SCRA 442]. There must first be a formal Government declaration that the
forest land has been re- classified into alienable and
disposable agricultural land which may then be acquired by
ALIENABLE AND DISPOSABLE LANDS OF THE private persons in accordance with the various modes of
PUBLIC DOMAIN acquiring public agricultural lands. (Republic of the Philippines
Vicente Roxas, ibid)
3
• __
4
• __
1529.; Alienable and Disposable Lands of the Public Domain CAPTION: AQUILA LARENA v FRUCTUOSA MAPILI, G.R. No.
146341, August 7, 2003
FACTS: badge: Possession
Here, the Chabons did not make any mention of the
ownership or occupancy by the Philippine Army. They also did FACTS:
not indicate any efforts or searches they had exerted in blank
determining other occupants of the land. Such omission
constituted fraud and deprived the Republic of its day in ISSUES/RULING
court. Not being notified, the Republic was not able to file its What kind of possession is required in Section 14(2)?
opposition to the application and, naturally, it was not able to Possession must be en concepto de duello, public, peaceful
file an appeal either. and uninterrupted.
ISSUES/RULING "Acquisitive prescription is a mode of acquiring ownership by
Is the republic prohibited to question a final and executory a possessor through the requisite lapse of time. In order to
judgement even when there is fraud? ripen into ownership, possession must be en concepto de
POLITICAL LAW: NO, it is not prohibited. The Republic can duefio, public, peaceful and uninterrupted. Coupled with the
question even final and executory judgment when there is court a quo's finding that the claims of purchase were
fraud unsubstantiated, petitioners' acts of a possessory character --
acts that might have been merely tolerated by the owner --
Are military reserves alienable? did not constitute possession. No matter how long tolerated
Such power of the President to segregate lands was provided possession is continued, it does not start the running of the
for in Section 64(e) of the old Revised Administrative Code prescriptive period. (Aquila Larena vs. Fructuosa Mapiff, G.R.
and C.A. No. 141 or the Public Land Act. Later, the power of No. 146341 / August 7, 2003)
the President was restated in Section 14, Chapter 4, Book III of
the 1987 Administrative Code. When a property is officially
declared a military reservation, it becomes inalienable and
outside the commerce of man. It may not be the subject of a CAPTION: HEIRS OF SERASPI v. CA and RECASA, G. R. No.
contract or of a compromise agreement. A property 135602. April 28, 2000
continues to be part of the public domain, not available for badge: Possession
private appropriation or ownership, until there is a formal
declaration on the part of the government to withdraw it from FACTS:
being such. blank
--------------------------------------------------------- ISSUES/RULING
NOTES: Who may apply? Under Section 14(2) What kind of possession is required in Section 14(2)? What are
the modes of possession recognize by law to produce a just
“The following persons may file in the proper Court of title through acquisitive prescription?
First Instance an application for registration of title to land” Article 1129: For the purposes of prescription, there is just title
when the adverse claimant came into possession of the
property through one of the modes recognized by law for the
2. Those who have acquired ownership of private lands acquisition of ownership or other real rights, but the grantor
by prescription under the provision of existing laws.[Civil was not the owner or could not transmit any right.
Code?]
In the case at bar, private respondent did not acquire
possession of the property through any of the modes
recognized by the Civil Code, to Wit:
(1) occupation,
CAPTION: Espiritu, Jr. vs. Republic, G.R. No. 219070. June 21, (2) intellectual creation,
2017 (3) law,
badge: Requisites for registration under P.D. 1529 Section (4) donation,
14(2). (5) succession,
(6) tradition In consequence of certain contracts, and
FACTS: (7) prescription. (Article 712 NCC)
(Heirs of Seraspi v. CA and Recasa, G. R. No. 135602. April 28,
2000)
ISSUES/RULING
What are the requisites for application for registration under
PRESCRIPTION in Section 14(2):
CAPTION: REPUBLIC, VS. ESPINOSA, G.R. No. 171514, July 18,
The applicant must establish the following requisites:
2012
(a) the land is an alienable and disposable, and patrimonial
badge: Prescription to run against the State; Express
property of the public domain;
declaration that the public dominion property was no longer
(b) the applicant and its predecessors-in-interest have been in
intended for public service.
possession of the land
- for at least 10 years, in good faith and with just title,
- or FACTS:
- for at least 30 years, regardless of good faith Of just blank
title; and
(c) the land had already been converted to or declared as ISSUES/RULING
patrimonial property of the State at the beginning of the said Requirement for the prescription to run against the State?
10-year or 30-year period of possession. (Espiritu, Jr. vs. For prescription to run against the State, there must be proof
Republic G.R.No. 219070. June 21, 2017) that there was an official declaration that the subject property
is no longer earmarked for public service or the development
of national wealth. Moreover, such official declaration should
5
• __
have been issued at least ten (10) or thirty (30) years, as the Difference between Section 14(1) and Section 14(2) of P.D.
case may be, prior to the filing of the application for No. 1529. in terms of the date when the property was
registration. declaired alienable
Under Section 14(1) of P.D. No. 1529, the determination of the
Indeed, while a piece of land is still reserved for public service particular date when the property was declared alienable
or the development of national wealth, even if the same is and disposable would be unnecessary
alienable and disposable, possession and occupation no
matter how lengthy will not ripen to ownership or give rise to while
any title that would defeat that of the State's if such did not
commence on June 12, 1945 or earlier. (Republic of the An application under Section 14(2) of P.D. No. 1529 is based
Philippines, Petitioner, VS. Domingo Espinosa, Respondent, on acquisitive prescription and must comply with the law on
G.R. No. 171514, July 18, 2012) prescription as provided by the Civil Code. In that regard,
--------- only the patrimonial property of the State may be acquired
by prescription pursuant to the Civil Code.
For acquisitive prescription to set in, therefore, the land being
possessed and occupied must already be classified or
CAPTION: Republic vs. The Estate of Virginia Santos, G.R. No. declared as patrimonial property of the State. Otherwise, no
218345. December 7, 2016 length of possession would vest any right in the possessor if the
badge: Prescription to run against the State; property has remained land of the public dominion.
Malabanan stresses that even if the land is later converted to
FACTS: patrimonial property of the State, possession of it prior to such
blank conversion will not be counted to meet the requisites of
acquisitive prescription.22 Thus, registration under Section
ISSUES/RULING 14(2) of P.D. No. 1529 requires that the land had already been
Is the declaration of alienability and disposability enough for converted to patrimonial property of the State at the onset of
prescription to run in Section 14(2)? the period of possession required by the law on prescription.
The declaration of alienability and disposability is not enough
— there must be an express declaration that the public
dominion property was no longer intended for public service
or the development of the national wealth or that the
property had been converted into patrimonial. CAPTION: Canlas vs. Republic, G.R. No. 200894. November
10, 2014)
Section 14(2) explicitly refers to the principles on prescription, badge: Difference between Section 14(1) and Section 14(2)
as set forth in the Civil Code. In this regard, the Civil Code of P.D. No. 1529.
makes it clear that patrimonial property of the State may be
acquired by private persons through prescription. x x x this FACTS:
Court ruled that declaration of alienability and disposability blank
was not enough — there must be an express declaration that
the public dominion property was no longer intended for ISSUES/RULING
public service or the development of the national wealth or Difference between Section 14(1) and Section 14(2) of P.D.
that the property had been converted into patrimonial. No. 1529.
(Republic vs. The Estate of 0 Virginia Santos, G.R. No. 218345. Section 14(1) refers to registration of title on the basis of
December 7, 2016) possession, while the Section 14(2) entitles the applicant to
--------- the registration of his property on the basis of prescription.
Accordingly, there must be an express declaration by the
State that the public dominion property is no longer intended As to registration, the former’s registration is extended under
for public service or the development of the national wealth the aegis of the P.D. No. 1529 and the Public Land Act (PLA)
or that the property has been converted into patrimonial. while under the second mode it is made available both by PD
Without such express declaration, the property, even if No. 1529 and the Civil Code.
classified as alienable or disposable, remains property of the
public dominion, pursuant to Article 420(2), and thus As to the legal basis of 30-year period, In the former, under
incapable of acquisition by prescription. It is only when such Section 48(b) of the PLA, as amended by Republic Act No.
alienable and disposable lands are expressly declared by the 1472, the 30-year period is in relation to possession without
State to be no longer intended for public service or for the regard to the Civil Code, while in the latter, Section 14(2) of
development of the national wealth that the period of P.D. No. 1529, the 30-year period involves extraordinary
acquisitive prescription can begin to run. Such declaration prescription under the Civil Code, particularly Article 1113 in
shall be in the form of a law duly enacted by Congress or a relation to Article 1137. (Canlas vs. Republic, G.R. No. 200894.
Presidential Proclamation in cases where the President is duly November 10, 2014)
authorized by law. [REPUBLIC , vs. ZURBARAN REALTY, G.R. No. - Art. 1113. All things which are within the commerce
164408. March 24, 2014] [Heirs of Mario Malabanan v. of men are susceptible of prescription, unless
Republic] otherwise provided. Property of the State or any of
its subdivisions not patrimonial in character shall not
be the object of prescription. (1936a)
- Article 1137. Ownership and other real rights over
CAPTION: REPUBLIC , vs. ZURBARAN REALTY, G.R. No. immovables also prescribe through uninterrupted
164408. March 24, 2014 adverse possession thereof for thirty years, without
badge: Prescription to run against the State; need of title or of good faith. (1959a)
FACTS:
blank ---------------------------------------------------------
NOTES: Who may apply? Under Section 14(3)
ISSUES/RULING
6
• __
7
• __
provided. (Grande vs. Court of Appeals, No. L-17652.June 30, the Government shall declare them to be property of the
1962) owners of the estates adjacent thereto and as Increment
thereof.
To obtain the protection of imprescriptibility by a riparian The shores and the lands reclaimed from the sea, while they
owner, what must be done? continue to be devoted to public uses and no grant
Registration under the Land Registration and Cadastral Acts whatever has been made of any portion of them to private
does not vest or give title to the land, but merely confirms persons, remain part of the public domain and are for public
and, thereafter, protects the title already possessed by the uses, and, until they are converted into patrimonial property
owner, making it imprescriptible by occupation of third of the State, such lands, thrown up by the action of the sea,
parties. But to obtain this protection, the land must be placed and the shores adjacent thereto, are not susceptible of
under the operation of the registration laws, wherein certain prescription, inasmuch as, being dedicated to the public
judicial procedures have been provided. (Grande vs. Court of uses, they are not subject of commerce among men, In
Appeals, No. L-17652.June 30, 1962) accordance with the provision of article 1936 of the Civil
Code.
CAPTION: Delos Reyes vs. Municipality of Kalibo, Aklan, G.R.
No. 214587. February 26, 2018
badge: Accretion does not automatically become registered
land.
CAPTION: Chavez vs. Public Estates Authority, GR. No. 133250.
May 6, 2003)
FACTS: badge: Registration of foreshore and offshore areas through
blank "special patent"
ISSUES/RULING
FACTS:
W/N Peralta’s right on the land by accretion may stand
blank
against the Municipality of Kalibo despite it being untitled,
and thus the petition to quiet the title can prosper
ISSUES/RULING
NO, The Court rules in the negative. In order that an action for
W/N Registration of foreshore and offshore areas through
quieting of title may prosper, the plaintiff must have legal or
"special patent" is valid
equitable title to, or interest in, the property which is the
It is.
subject matter of the action. While legal title denotes
registered ownership, equitable title means beneficial
As a matter of ordinary land registration practice, a special
ownership. In the absence of such legal or equitable title, or
patent is a "patent to grant, cede, and convey full ownership
interest, there is no cloud to be prevented or removed.7
of alienable and disposable lands formerly covered by a
Likewise, the plaintiff must show that the deed, claim,
reservation or lands of the public domain" and is issued upon
encumbrance, or proceeding that purportedly casts a cloud
the "promulgation of a special law or act of Congress or by
on their title is in fact invalid or inoperative despite its prima
the Secretary of Environment and Natural Resources as
facie appearance of validity or legal efficacy.8
authorized by an Executive Order of the President." 40
- This meaning of a "special patent" cannot override
Is a title still required for the accretion land, when there is
the overwhelming executive and legislative intent
already title for the land that received accretion
manifest in PDs 1084 and 1085 to make the
It must be noted that the Peraltas, the petitioners in the instant
reclaimed lands available for contract purposes.
case, are not even registered owners of the area adjacent to
- Thus the Department of Environment and Natural
the increment claimed, much less of the subject parcels of
Resources (DENR), through the Reservation and
land. Only the late Juanito became the registered owner of
Special Land Grants Section of the Land
Lot 2076-A, the lot next to the supposed accretion. Assuming
Management Division, is tasked to issue special
that the petitioners are Juanito's rightful successors, they still
patents in favor of "government agencies pursuant
did not register the subject increment under their names. It is
to special laws, proclamations, and executive orders
settled that an accretion does not automatically become
. . . (Emphasis supplied)." 41
registered land just because the lot that receives such
accretion is covered by a Torrens Title.
Indeed, there should be no fear calling reclaimed lands
"lands of the Private domain" and making them available for
CAPTION: Lanzar vs. Director of Land, No. L-31934. July 29, disposition if this be the legislative intent. The situation is no
1977. different from the trade of mineral products such as gold,
badge: Lands formed by action of the sea as accretion form copper, oil or petroleum. Through joint ventures that are
part of the public domain. allowed under the Constitution, Our government disposes
minerals like private properties. x x x. We must not hamstring
both the Executive and Congress from making full use of
FACTS:
reclaimed lands as an option in following economic goals by
blank
the declaration made in the Ponencia. (Chavez vs. Public
Estates Authority, GR. No. 133250. May 6, 2003)
ISSUES/RULING
W/N an accretion formed by the action of the sea, is property
of the public domain and not susceptible of private
appropriation.
Lands added to the shores by accretion and alluvial deposits
caused by action of the sea, form part of the public domain.
When they are no longer washed by the water of the sea and
are not necessary for purposes of public utility, or for the
establishment of special industries, or for coastguard service,
---------------------------------------------------------
NOTES: Who may apply? Under Section 14(4)
8
• __
9
• __
NOTE: Both judicial legalization and administrative legalization CAN The time to file applications for confirmation of Imperfect
involve agricultural lands of the public domain and require Title BE extend beyond 31 December 2020.:
"continuous occupation and cultivation either by the applicant NO. The time to file applications for confirmation of Imperfect
Title shall not extend beyond 31 December 2020.
himself or through his predecessors-in-interest for a certain length
- [Section 1 of R.A. 9176] Section 45, Chapter VII of
of time"; judicial legalization Of judicial confirmation and free Commonwealth Act No. 141, as amended, is hereby
patent, distinguished; petitioners chose to apply for free patents. further amended to read as follows:
(Taar vs. Lawan, ibid.) - “Section 45. The President of the Philippines, upon
recommendation of the Secretary of Environment and
Natural Resources, shall from time to time fix by
CAPTION: Taar vs. Lawan, G.R. No. 190922. October 11, 2017 proclamation the period within which applications for
badge: Confirmation of Imperfect or Incomplete Titles; two free patents may be filed in the Community
modes Environment and Natural Resources Office or region
specified in such proclamation, and upon the
FACTS: expiration of the period so designated, unless the same
blank be extended by the President, all the lands comprised
within such district, chartered city, province,
ISSUES/RULING municipality or region subject thereto under the
What are the two modes of disposing public confirmation of provisions of this chapter may be disposed of as
imperfect or incomplete titles? agricultural public land without prejudice to the prior
There are two modes of disposing public confirmation of right of the occupant and cultivator to acquire such
imperfect or incomplete titles: land under this Act by means other than free patent.
1. Judicial Confirmation The time to be fixed in the entire Archipelago for the
2. Administrative Legalization filing of applications under this Chapter shall not extend
beyond 31 December 2020: Provided, That the period
The last mode of disposition is by continuation of Imperfect of shall apply only when the area applied for does not
incomplete titles either through judicial legalization or through exceed twelve (12) hectares. The period fixed for any
administrative legalization. (Taar vs. Lawan, G.R. No. 190922) district, chartered city, province or municipality shall
take effect thirty (30) days after the publication of the
What governs Judicial Confirmation ? proclamation in one (1) newspaper of general
Judicial legalization or judicial confirmation of imperfect or circulation in the city, province or municipality
incomplete titles is governed by Section 48 of the Public Land concerned. A certified copy of said proclamation shall
Act, as amended by Republic Act No. 3872 and Presidential be furnished by the Secretary of Environment and
Decree No. 1073, which states: Section 48. The following Natural Resources within thirty (30) days counted from
described citizens of the Philippines, occupying lands of the the date of the presidential proclamation to the
public domain or claiming to own any such lands or an Community Environment and Natural Resources Office
interest therein, but whose titles have not been perfected or and to the provincial board and municipal board or
completed, may apply to the Court of First Instance of the city council and barangay council affected, and
province where the land is located for confirmation of their copies thereof shall be posted on the bulletin board of
claims and the issuance of a certificate of title therefor, under the Community Environment and Natural Resources
the Land Registration Act, to wit: Office and at such conspicuous places in the
xxxxx provincial capitol, city or municipal hall, and in
(b) Those who by themselves or through their predecessors- barangay hall or meeting place. It shall moreover be
in-interest have been in the open, continuous, exclusive, and announced and aired over the government station in
notorious possession and occupation of agricultural lands of the concerned local area.”
the public domain, under a bona Jide claim of acquisition Of
ownership, except as against the government, since [June 12, Who has the burden of proof?
19451, immediately preceding the filing of the applications for The burden of proof in overcoming the presumption of State
confirmation of title, except when prevented by war or force ownership of the lands of the public domain is on the person
majeure. Those shall be conclusively presumed to have applying for registration (Of claiming ownership), who must
performed all the conditions essential to a government grant prove that the land subject of the application is alienable Of
and shall be entitled to a certificate of title under the disposable. To overcome this presumption, incontrovertible
provisions of this chapter. (Taar vs. Lawan, ibid) evidence must be established that the land subject of the
application (or claim) is alienable or disposable. x x x. The
applicant may also secure a certification from the government
JUDICIAL CONFIRMATION: that the land claimed to have been possessed for the required
number of years is alienable and disposable. (Diaz-Enriquez vs.
Director of Lands, ibid.)
NOTE: The time to file applications for confirmation of Imperfect
Title shall not extend beyond 31 December 2020
- Section 45, Chapter VII of Commonwealth Act No. 141, CAPTION: Carlos vs. Republic, G.R. No. 164823. August 31,
as amended, is hereby further amended to read as 2005
follows: "Section 45. x x x The time to be fixed in the badge: Requisites in Judicial Confirmation of Imperfect Title;
entire Archipelago for the filing of applications under Possession may be had in two ways
this Chapter shall not extend beyond 31 December
2020: Provided, that the period shall apply only when
FACTS:
the area applied for does not exceed twelve (12)
blank
hectares. The period fixed for any district, chartered
city, province Of municipality shall take effect thirty (30)
ISSUES/RULING
days after the publication of the proclamation in one
What are the requisites of Judicial Confirmation of an
(1) newspaper of general circulation in the city,
Imperfect title?
province Of municipality concerned. (Section 1 of R.A.
Applicants for confirmation of imperfect title must prove the
9176)
following:
10
• __
(a) that the land forms part of the disposable and alienable
agricultural lands of the public domain; and CAPTION: Republic vs. Nicolas, G.R. No. 181435. October 2,
2017
(b) that they have been in open, continuous, exclusive, and badge: Requisites in Judicial Confirmation of Imperfect Title.
notorious possession and occupation of the same under a Applicant must prove that land is alienable.
bona fide claim of ownership either since time immemorial Of
since June 12, 1945. (Carlos vs. Republic, G.R. No. 164823.
FACTS:
August 31, 2005)
blank
- The applicant for judicial confirmation of imperfect
title must show that he is in actual possession of the
ISSUES/RULING
property at the time of the application. Taken with
Respondent has failed to prove that the property is alienable
the words open, continuous, exclusive and
and disposable agricultural land that may be registered
notorious, the word occupation serves to highlight
under Section 14(1) of P.D. 1529.
the fact that for an applicant to qualify, his
possession must not be a mere fiction. (Carlos vs.
Republic, ibid.)
What are the two ways possession may be had? CAPTION: Dauan vs. Secretary of Agriculture and Natural
Even if it were true that it was the petitioner who had actual Resources, et al. No. L-19547. January 31, 1967
possession of the land at that time, such possession was no badge: Requisites in Judicial Confirmation of Imperfect Title
longer in the concept of an owner. Possession may be had in
one of two ways: possession In the concept of an owner and
possession of a holder. A possessor in the concept of an FACTS:
owner may be the owner himself or one who claims to be so. blank
On the other hand, one who possesses as a mere holder
acknowledges in another a superior right which he believes to ISSUES/RULING
be ownership, whether his belief be right or wrong. Petitioner How to prove possession?
herein acknowledges the sale of the property to Ususan The fact that appellee was in possession of the homestead at
Development Corporation in 1996 and in fact promised to the time of the conveyances to the appellants, coupled by
deliver the certificate of title to the corporation upon its the lack of anything to show that he was not in possession of
obtention. Hence, it cannot be said that her possesston since the requisite qualifications, fairly indicates that his application
1996 was under a bona fide claim of ownership. Under the had been approved by the Director of Lands. (Dauan vs.
law, only he who possesses the property under a bona fide Secretary of Agriculture and Natural Resources, et al. No. L-
claim of ownership is entitled to confirmation of title. (Carlos 19547. January 31, 1967)
vs. Republic, ibid.)
How to prove possession?
Under Act 926, then the applicable law, the fight of the
CAPTION: Republic vs. Tri-Plus Corporation, 503 SCRA 793 homesteader to the patent does not become absolute until
badge: Requisites in Judicial Confirmation of Imperfect Title; after he has complied with all the requirements of the law. One
Applicant must prove that land is alienable. of the most important requirements is that the "person filing the
application shall prove by two credible witnesses that tie has
resided upon and cultivated the land for the term of five years
FACTS:
immediately succeeding the time of filing the application
blank
aforesaid, and shall make affidavit that no part of said land has
been alienated or encumbered (Vda. de Delizo vs. Delizo, Nos.
ISSUES/RULING
J-32820-21. January30, 1976).
How to prove that land is alienable?
To prove that the land subject of an application for
registration is alienable, an applicant must establish the
CAPTION: Director of Lands vs. Buyco, G.R. No. 91189,
existence of a positive act of the government such as a
November 27, 1992
presidential proclamation or an executive order, an
badge: Requisites in Judicial Confirmation of Imperfect Title;
administrative action, investigation reports of Bureau of Lands
Payment of tax is not sufficient to prove ownership.
investigators, and a legislative act or statute.
The applicant may also secure a certification from the FACTS:
government that the lands applied for are alienable and blank
disposable. (Republic vs. Tri-P1us Corporation, 503 SCRA 793)
ISSUES/RULING
Is Payment of tax sufficient to prove possession?
How to prove that land is alienable? In any event, even if Charles had indeed declared the
In Heirs of Mario Malabanan v. Republic of the Philippines, 704 property for taxation purposes and actually paid taxes, such
SCRA 561 (2013), the Court emphasized that lands of the public facts are still insufficient to justify possession thereof, much less
domain, unless declared otherwise by virtue of a statute or law, a claim of ownership thereon. This Court has repeatedly held
are inalienable and can never be acquired by prescription. No that the declaration of ownership for purposes of assessment
amount of time of possession or occupation can ripen into on the payment of the tax is not sufficient to prove ownership.
ownership over lands of the public domain. A positive act (Director of Lands vs. Buyco, G.R. No. 91189, November 27,
declaring land as alienable and disposable is required. X x x the 1992)
Court has time and again emphasized that there must be a
positive act of the government, such as an official proclamation,
declassifying inalienable public land into disposable land for
CAPTION: de Leon vs. de Leon-Reyes, G.R. No. 205711. May
agricultural or other purposes. In fact, Section 8 of CA No. 141
30, 2016
limits alienable Of disposable lands only to those lands which
badge: Requisites in Judicial Confirmation of Imperfect Title;
have been officially delimited and classified. (Diaz-Enriquez vs.
Original registration of the title, via judicial proceedings, takes
Director of Lands, G.R.No. 168065. September 6, 2017)
11
• __
place as a matter of course.
CAPTION: Taar vs. Lawan, G.R. No. 190922. October 11, 2017
FACTS: badge: Administrative Legalization; Requirements for the
blank Application of Free Patents; Both judicial legalization and
administrative legalization involve agricultural lands.
ISSUES/RULING
Is a judicial confirmation a grant of title to the property? FACTS:
Upon compliance with the conditions of Sec. 48(b) of the PLA, blank
the possessor is deemed to have acquired, by operation of
law, right to a grant over the land. For all legal intents and ISSUES/RULING
purposes, the land is segregated from the public domain, What are the requisites of the application for free patents
because the beneficiary is conclusively presumed to have The applicant for a free patent should comply with the
performed all the conditions essential to a Government grant. following requisites:
The land becomes private in character and is now beyond (1) the applicant must be a natural-born citizen of the
the authority of the director of lands to dispose of. At that Philippines;
point, original registration of the title, via judicial proceedings, (2) the applicant must not own more than 12 hectares of
takes place as a matter of course; the registration court does land;
not grant the applicant title over the property but merely (3) the applicant or his/her predecessors-in-interest must have
recognizes the applicant's existing title which had already continuously occupied and cultivated the land;
vested upon the applicant's compliance with the requirement (4) the continuous occupation and cultivation must be for a
of open, continuous, exclusive, and notorious possession and period of at least 30 years before April 15, 1990, which is the
occupation of the land since June 12, 1945. (de Leon vs. de date of effectivity of Republic Act No. 6940; and
Leon- Reyes, GR. No. 205711. May30,2016) (5) payment of real estate taxes on the land while it has not
been occupied by other persons. (Taar vs. Lawan, ibid)
ADMINISTRATIVE REGISTRATION OF TITLE
CAPTION: Rep. of the Phils. vs. Sps. Noval, G.R. No. 170316,
(1) Department of Environment and Natural Resources. Sept. 18, 2017
01. Free patent badge: Requisites in Administrative Legalization; The burden
02. Homestead patent of evidence lies on the party who asserts an affirmative
03. Sales patent allegation.
04. Miscellaneous Sales Application Patent
05. Residential Free patent FACTS:
06. Special Patent by virtue of a presidential blank
proclamation
ISSUES/RULING
RA No. 11231 (Agricultural Free Patent Reform Act) removed blank
the prohibitory period for subsequent disposition and
encumbrances to free patent and homestead patent.
12
• __
expressly guaranteeing the rights of tribal Filipinos to their CAPTION: Republic vs. Southside Homeowners Association,
ancestral domains and ancestral lands. By recognizing their Inc. G.R. No. 156951. September 22, 2006
right to their ancestral lands and domains, the State has badge: The President is empowered to reserve by
effectively upheld their right to live in a culture distinctly their proclamation alienable lands of the public domain for
own. (Cruz vs. Secretary of Environment and Natural specific public use or service
Resources, GR. No. 135385. December 6, 2000)
FACTS:
blank
CAPTION: Lamsis vs. Dong-e, G.R. No. 173021. October 20,
2010 ISSUES/RULING
badge: Registration under the Indegenous People’s Rights Act When is the president allowed to reserve by proclamation
(IPRA), R.A. No. 8371 alienable lands of the public domain
The President, upon the recommendation of the Secretary of
Environment and Natural Resources, may designate by
FACTS: proclamation any tract or tracts of land of the public domain
blank as reservations for the use of the Republic or any of its
branches, or for quasi-public uses or purposes. Such tract or
ISSUES/RULING tracts of land thus reserved shall be non-alienable and shall
W/N titling of ancestral lands vests ownership not be subject to sale or other disposition until again declared
The application for issuance of a Certificate of Ancestral Land alienable. Consistent with the foregoing postulates,
Title pending before the NCIP is akin to a registration jurisprudence teaches that a military reservation, like the
proceeding. It also seeks an official recognition of one's claim FBMR, or a part thereof is not open to private appropriation or
to a particular land and is also in rem. The titling of ancestral disposition and, therefore, not registrable, unless it is in the
lands is for the purpose of "officially establishing" one's land as meantime reclassified and declared as disposable and
an ancestral land. Just like a registration proceeding, the alienable public land. And until a given parcel of land is
titling of ancestral lands does not vest ownership upon the released from its classification as part of the military
applicant but only recognizes ownership that has already reservation zone and reclassified by law Of by presidential
vested in the applicant by virtue of his and his predecessor-in- proclamation as disposable and alienable, its status as part of
interest's possession of the property since time immemorial. a military reservation remains, even if incidentally it is devoted
(Lamsis vs. Dong-e, G.R. No. 173021. October 20, 2010) for a purpose other than as a military camp or for defense.
(Republic vs. Southside Homeowners Association, Inc. G.R. No.
156951. September22, 2006)
CAPTION: Chavez vs. Public Estates Authority, G.R. No.
133250. May 6, 2003
badge: Registration under the Indegenous People’s Rights Act What is the legal basis of the President’s power
(IPRA), R.A. No. 8371 It may here be reiterated that, pursuant to Section 64(e) of the
Revised Administrative Code, alienable lands of the public
domain may be ordered reserved, by the President, for a
FACTS: specific public purpose or service. Then under the provisions of
blank the Public Land Act (Com. Act 141) the President has authority
to re-classify such lands from one class to another, e.g., from
ISSUES/RULING agricultural to reserved areas and vice-versa. And, this
blank re-classification may be effected any time and in a similar
manner, that is, by Presidential action. It cannot be rightly
--------------------------------------------------------- claimed, therefore, that the release from reservation of a certain
NOTES: Who may apply? President’s Proclamation portion of the area originally intended for the use of the
Mountain National Agricultural School by a subsequent
proclamation of the President, is not In accordance with law.
CAPTION: Republic vs. Court of Appeals, No. L-40912. [Republic vs. Octobfe, et al. No. 1-18867. April 30, 1966]
September 30, 1976 ---------------------------------------------------------
badge: The President is empowered to reserve by
proclamation alienable lands of the public domain for FORMS AND CONTENTS, DEALING WITH
specific public use or service
LAND
FACTS:
blank
Section 15
ISSUES/RULING Form and contents. -
Is the President empowered to reserve by proclamation The application for land registration shall be in writing,
alienable lands of the public domain for specific public use or
service signed by the application or the person duly authorized in
Certainly, Proclamation No. 350 is free of any legal infirmity. It his behalf, and sworn to before any officer authorized to
proceeds from the recognized competence of the President administer oaths for the province or city where the
to reserve by executive proclamation alienable lands of the
public domain for a specific public use or service. Section 64
application was actually signed. If there is more than one
(e) of the Revised Administrative Code empowers the applicant, the application shall be signed and sworn to by
President "(t)o reserve from sale or other disposition and for and in behalf of each. The application shall contain a
specific public uses or service, any land belonging to the
description of the land and shall state the citizenship and
private domain of the Government of the Philippines, the use
of which is not otherwise directed by law. (Republic vs. Court civil status of the applicant, whether single or married, and,
of Appeals, No. L-40912. September30, 1976) if married, the name of the wife or husband, and, if the
marriage has been legally dissolved, when and how the
marriage relation terminated. It shall also state the full
13
• __
names and addresses of all occupants of the land and those Section 19
of the adjoining owners, if known, and, if not known, it Amendments.
shall state the extent of the search made to find them. Amendments to the application including joinder,
The application, shall, in form, be substantially as follows: substitution, or discontinuance as to parties may be allowed
(PLEASE SEE OTHER FILE: ) by the court at any stage of the proceedings upon just and
--------------------------------------------------------- reasonable terms.
NOTES: Amendments which shall consist in a substantial change in
the boundaries or an increase in area of the land applied for
NOTES: above
or which involve the inclusion of an additional land shall
--------------------------------------------------------- be subject to the same requirements of publication and
Section 16 notice as in an original application.
Non-resident applicant. ---------------------------------------------------------
If the applicant is not a resident of the Philippines, he shall NOTES:
file with his application an instrument in due form NOTES: above
appointing an agent or representative residing in the
Philippines, giving his full name and postal address, and ---------------------------------------------------------
shall therein agree that the service of any legal process in Section 20
the proceedings under or growing out of the application When land applied for borders on road.
made upon his agent or representative shall be of the same If the application describes the land as bounded by a public
legal effect as if made upon the applicant within the or private way or road, it shall state whether or not the
Philippines. If the agent or representative dies, or leaves the applicant claims any and what portion of the land within
Philippines, the applicant shall forthwith make another the limits of the way or road, and whether the applicant
appointment for the substitute, and, if he fails to do so the desires to have the line of the way or road determined.
court may dismiss the application. ---------------------------------------------------------
--------------------------------------------------------- NOTES:
NOTES:
NOTES: above
NOTES: above
---------------------------------------------------------
--------------------------------------------------------- Section 21
Section 17 Requirement of additional facts and papers; ocular
What and where to file. inspection.
The application for land registration shall be filed with the The court may require facts to be stated in the application
Court of First Instance of the province or city where the in addition to those prescribed by this Decree not
land is situated. The applicant shall file together with the inconsistent therewith and may require the filing of any
application all original muniments of titles or copies additional paper. It may also conduct an ocular inspection,
thereof and a survey plan of the land approved by the if necessary.
Bureau of Lands. ---------------------------------------------------------
The clerk of court shall not accept any application unless it NOTES:
is shown that the applicant has furnished the Director of
NOTES: above
Lands with a copy of the application and all annexes.
--------------------------------------------------------- ---------------------------------------------------------
NOTES: Section 22
NOTES: above
Dealings with land pending original registration.
After the filing of the application and before the issuance
--------------------------------------------------------- of the decree of registration, the land therein described may
Section 18 still be the subject of dealings in whole or in part, in which
Application covering two or more parcels. case the interested party shall present to the court the
An application may include two or more parcels of land pertinent instruments together with a subdivision plan
belonging to the applicant/s provided they are situated approved by the Director of Lands in case of transfer of
within the same province or city. The court may at any portions thereof and the court, after notice to the parties,
time order an application to be amended by striking out one shall order such land registered subject to the conveyance
or more of the parcels or by a severance of the application. or encumbrance created by said instruments, or order that
--------------------------------------------------------- the decree of registration be issued in the name of the
NOTES: person to whom the property has been conveyed by said
instruments.
NOTES: above
---------------------------------------------------------
14
• __
15
• __
16
• __
contested and uncontested portions approved by the or owner's estate is subject, as well as any other matters
Director of Lands is previously submitted to said court. properly to be determined in pursuance of this Decree.
--------------------------------------------------------- The decree of registration shall bind the land and quiet title
NOTES: thereto, subject only to such exceptions or liens as may be
provided by law. It shall be conclusive upon and against all
NOTES: above
persons, including the National Government and all
--------------------------------------------------------- branches thereof, whether mentioned by name in the
Section 29 application or notice, the same being included in the
Judgment confirming title. general description "To all whom it may concern".
All conflicting claims of ownership and interest in the land ---------------------------------------------------------
subject of the application shall be determined by the court. NOTES:
If the court, after considering the evidence and the reports NOTES: above
of the Commissioner of Land Registration and the Director
of Lands, finds that the applicant or the oppositor has ---------------------------------------------------------
sufficient title proper for registration, judgment shall be
rendered confirming the title of the applicant, or the
oppositor, to the land or portions thereof.
---------------------------------------------------------
NOTES:
NOTES: above
---------------------------------------------------------
Section 30
When judgment becomes final; duty to cause issuance of
decree.
The judgment rendered in a land registration proceedings
becomes final upon the expiration of thirty days to be
counted from the data of receipt of notice of the judgment.
REMEDIES
An appeal may be taken from the judgment of the court as
in ordinary civil cases. Section 32
After judgment has become final and executory, it shall Review of decree of registration; Innocent purchaser for
devolve upon the court to forthwith issue an order in value.
accordance with Section 39 of this Decree to the The decree of registration shall not be reopened or revised
Commissioner for the issuance of the decree of registration by reason of absence, minority, or other disability of any
and the corresponding certificate of title in favor of the person adversely affected thereby, nor by any proceeding
person adjudged entitled to registration. in any court for reversing judgments, subject, however, to
--------------------------------------------------------- the right of any person, including the government and the
NOTES: branches thereof, deprived of land or of any estate or
interest therein by such adjudication or confirmation of title
NOTES: above
obtained by actual fraud, to file in the proper Court of First
--------------------------------------------------------- Instance a petition for reopening and review of the decree
Section 31 of registration not later than one year from and after the
Decree of registration. date of the entry of such decree of registration, but in no
Every decree of registration issued by the Commissioner case shall such petition be entertained by the court where
shall bear the date, hour and minute of its entry, and shall an innocent purchaser for value has acquired the land or an
be signed by him. It shall state whether the owner is interest therein, whose rights may be prejudiced. Whenever
married or unmarried, and if married, the name of the the phrase "innocent purchaser for value" or an equivalent
husband or wife: Provided, however, that if the land phrase occurs in this Decree, it shall be deemed to include
adjudicated by the court is conjugal property, the decree an innocent lessee, mortgagee, or other encumbrancer for
shall be issued in the name of both spouses. If the owner is value.
under disability, it shall state the nature of disability, and if Upon the expiration of said period of one year, the decree
a minor, his age. It shall contain a description of the land as of registration and the certificate of title issued shall
finally determined by the court, and shall set forth the become incontrovertible. Any person aggrieved by such
estate of the owner, and also, in such manner as to show decree of registration in any case may pursue his remedy
their relative priorities, all particular estates, mortgages, by action for damages against the applicant or any other
easements, liens, attachments, and other encumbrances, persons responsible for the fraud.
including rights of tenant-farmers, if any, to which the land ---------------------------------------------------------
17
• __
REMEDIES: Innocent purchaser for value. - Stated differently: an innocent purchaser for value
relying on the Torrens title issued is protected.
Q: Can decree of registration be reopened?
GENERAL RULE: The decree of registration shall not be Q: When does the mirror doctrine apply?
A: When a title over a land is registered under the Torrens system
reopened or revised by reason of (Agcaoili Reviewer, p. 246, 1999 ed)
- absence,
- minority, Q: Is the right of the public to rely on the face of a certificate of
- or other disability of any person adversely affected title absolute?
A: No. This is unavailing when the party concerned has actual
thereby knowledge of facts and circumstances that should imply a
- nor by any proceeding in any court for reversing reasonably cautious man to make such further inquiry
judgments
Q: Bee bought a parcel of land with a clean TCT. However, when
he found some persons occupying it, he fenced the property
EXCEPTION RULE: subject,however, to the right of any over the occupants’ objection. May Bee invoke the principle
that a person dealing with a registered land need not go beyond
person, including the government and the branches thereof its certificate of title in this case? (exception to mirror doctrine)
deprived of land or of any estate or interest therein by such A: No. Although it is a recognized principle that a person dealing
adjudication or confirmation of title on a registered land need not go beyond it certificate of title, it
- obtained by actual fraud, is also a firmly settled rule that where there are circumstances
which would put a party on guard and prompt him to investigate
or inspect the property being sold to him, such as the presence
Q: What is the remedy for above exception? of occupants/tenants thereon, it is of course, expected from the
purchaser of valued piece of land to inquire first into the status or
REMEDY: tofile in the proper Court of First Instance a nature of the possession of the occupants, i.e., whether or not
petition for reopening and review of the decree of the occupants possess the land en concepto de dueno, in
registration concept of an owner.
As is the common practice in the real estate industry, an ocular
PRESCRIPTION: notlater than one year from and after the date inspection of the premises involved is a safeguard that a
of the entry of such decree of registration, cautious and prudent purchaser usually takes. Should he find out
- that the land he intends to buy is occupied by anybody else
other than the seller who, as in this case, is not in actual
- EFFECT OF PRESCRIPTION: Upon the possession, it would then be incumbent upon the purchaser to
expiration of said period of one year, the decree of verify the extent of the occupant’s possessory rights. The failure
registration and the certificate of title issued shall of the prospective buyer to take such precautionary steps would
mean negligence on his part and would thereby preclude him
become incontrovertible.
from claiming or invoking the rights of a “purchaser in good
- REMEDY IN CASE OF PRESCRIPTION: Any faith.” (Mathay v. CA, G.R. No. 115788, Sept. 17, 1988)
person aggrieved by such decree of registration in
any case may pursue his remedy by action for
Q: [(1999 Bar Question)] Spouses X and Y mortgaged a piece of
damages against the applicant or any other registered land to A, delivering as well the OCT to the latter, but
persons responsible for the fraud. they continued to possess and cultivate the land, giving 1/2 of
EXCEPTION TO SUCH: but in no case shall such petition be each harvest to A in partial payment of their loan to the latter. A
however, without the knowledge of X and Y, forged a deed of
entertained by the court where an innocent purchaser for
sale of the aforesaid land in favor of himself, got a TCT in his
value has acquired the land or an interest therein, whose name, and then sold the land to B. B bought the land relying on
rights may be prejudiced. A's title, and thereafter got a TCT in his name. It was only then
that the spouses X and Y learned that their land had been titled
Q: Does the innocent
purchaser for value include? in B's name. May said spouses file an action for reconveyance of
the land in question against B? Reason.
Whenever the phrase "innocent purchaser for value" or an
equivalent phrase occurs in this Decree, it shall be deemed A: The action of X and Y against B for reconveyance of the land
to include an innocent lessee, mortgagee, or other will not prosper because B has acquired a clean title to the
encumbrancer for value. property being an innocent purchaser for value. A forged deed
is an absolute nullity and conveys no title. The fact that the
Q: What is the mirror doctrine? forged deed was registered and a certificate of title was issued
A: All persons dealing with a property covered by Torrens in his name, did not operate to vest upon A ownership over the
certificate of title are not required to go beyond what appears property of X and Y. The registration of the forged deed will not
on the face of the title. cure the infirmity.
- Where there is nothing on the certificate of title to
indicate any cloud or vice in the ownership of the However, once the title to the land is registered in the name of
property, or any encumbrance thereon, the purchaser the forger and title to the land thereafter falls into the hands of
is not required to explore further than what the Torrens an innocent purchaser for value, the latter acquires a clean title
title upon its face indicates in quest for any hidden thereto. A buyer of a registered land is not required to explore
defect or inchoate right that may defeat his right beyond what the record in the registry indicates on its face in
thereto.
18
• __
quest for any hidden defect or inchoate right which may statement therein, or omission of facts shall ipso facto
subsequently defeat his right thereto. produce the cancellation of the concession.
- This is the "mirror principle" of the Torrens system which - The patent issued to Nestor in this case is void ab initio
makes it possible for a forged deed to be the root of a not only because it was obtained by fraud but also
good title. because it covers 30 hectares which is far beyond the
maximum of 24 hectares provided by the free patent
Besides, it appears that spouses X and Y are guilty of contributory law.
negligence when they delivered the OCT to the mortgagee
without annotating the mortgage thereon. Between them and 2. The government can seek annulment of the original and
the innocent purchaser for value, they should bear the loss. transfer certificates of title and the reversion of the land to the
State. Eddie's defense is untenable. The protection afforded by
Q: Who is a purchaser in good faith and for value? the Torrens System to an innocent purchaser for value can be
A: A purchaser in good faith and for value is one who buys availed of only if the land has been titled thru judicial
property of another, without notice that some other person has proceedings where the issue of fraud becomes academic after
a right to, or interest in such property and pays a full and fair the lapse of one (1) year (or 10 years in the book?) from the
price for the same at the time of such purchase, or before he issuance of the decree of registration. In public land grants, the
has notice of the claim or interest of some other person in the action of the government to annul a title fraudulently obtained
property. (San Roque Realty and Development Corp. v. does not prescribe such action and will not be barred by the
Republic, G.R. No. 163130, Sept. 7, 2007) transfer of the title to an innocent purchaser for value. (2000 Bar
Question)
Note: An innocent purchaser for value includes a lessee,
mortgagee, or other encumbrances for value.
Purchaser in good faith and for value is the same as an innocent NOTES: above
purchaser for value. Good faith consists in an honest intention to
abstain from taking any unconscious advantage of another. ---------------------------------------------------------
Section 33
Q: If the land subject of the dispute was not brought under the Appeal from judgment, etc.
operation of the Torrens system, will the concept of an innocent
The judgment and orders of the court hearing the land
purchaser for value apply?
A: NO. If the land in question was not brought under the registration case are appealable to the Court of Appeals or
operation of Torrens system because the original certificate of to the Supreme Court in the same manner as in ordinary
title is null and void ab initio, the concept of an innocent actions:
purchaser for value does not apply. ---------------------------------------------------------
NOTES:
Note: Good faith and bad faith is immaterial in case of
unregistered land. One who purchases an unregistered land NOTES: above
does so at his peril (Agcaoili Reviewer, p. 10, 1999 ed)
---------------------------------------------------------
Q: In 1979, Nestor applied for and was granted a Free Patent
Section 34
over a parcel of agricultural land with an area of 30 hectares,
located in General Santos City. He presented the Free Patent to Rules of procedure.
the Register of Deeds, and he was issued a corresponding The Rules of Court shall, insofar as not inconsistent with
Original Certificate of Title (OCT) No. 375. Subsequently, Nestor the provision of this Decree, be applicable to land
sold the land to Eddie. The deed of sale was submitted to the registration and cadastral cases by analogy or in a
Register of Deeds and on the basis thereof, OCT No. 375 was
cancelled and Transfer Certificate of Title (TCT) No. 4576 was
suppletory character and whenever practicable and
issued in the name of Eddie. In 1986, the Director of Lands filed a convenient.
complaint for annulment of OCT No. 375 and TCT No. 4576 on the
ground that Nestor obtained the Free Patent through fraud. Eddie
filed a motion to dismiss on the ground that he was an innocent
purchaser for value and in good faith and as such, he has
acquired a title to the property which is valid, unassailable and
indefeasible. Decide the motion.
A: Nestor’s motion to dismiss the complaint for annulment of OCT
No. 375 and TCT No. 4576 should be denied for the following
reasons:
1. Eddie cannot claim protection as an innocent purchaser for
value nor can he interpose the defense of indefeasibility of his
title, because his TCT is rooted on a void title. Under
- Sec. 91, CA No. 141, as amended, otherwise known as
the Public Land Act, statements of material facts in the
applications for public land must be under oath.
- Sec. 91 of the same act provides that such statements
shall be considered as essential conditions and parts of
the concession, title, or permit issued, any false
19
not be rebutted. (Eufemia Balatico VDA. de Agatep, Rodriguez
and Natalia Aguinaldo VDA. De 170540. October 28, 2009)
Chapter V Subsequent Registration
An attachment is a harsh remedy, when can it be issued?
Jurisprudence teaches us that the rule on the issuance of a writ
of attachment must be construed strictly in favor of the
II Involuntary Dealings defendant.
Attachment, a harsh remedy, must be issued only on concrete
Section 69
and specific grounds and not on general averments merely
Attachments. quoting the words of the pertinent rules. Thus, the applicant's
An attachment, or a copy of any writ, order or process affidavit must contain statements clearly showing that the
issued by a court of record, intended to create or preserve ground relied upon for the attachment exists. words of the
any lien, status, right, or attachment upon registered land, pertinent rules. Thus, the applicant's affidavit must contain
statements clearly showing that the ground relied upon for the
shall be filed and registered in the Registry of Deeds for the
attachment exists. (Professional Video, Inc. vs. Technical
province or city in which the land lies, and, in addition to Education and Skills Development Authority, G.R. No. 155504.
the particulars required in such papers for registration, shall June 26, 2009)
contain a reference to the number of the certificate of title
to be affected and the registered owner or owners thereof, What is garnishment?
The proceeding by garnishment is a species of attachment for
and also if the attachment, order, process or lien is not reaching credits belonging to the judgment debtor and owing to
claimed on all the land in any certificate of title a him from a stranger to the litigation. By means of the citation the
description sufficiently accurate for identification of the stranger becomes a forced intervenor; and the court, having
land or interest intended to be affected. A restraining order, acquired jurisdiction over him by means of the citation, requires
him to pay his debt, not to his former creditor, but to the new
injunction or mandamus issued by the court shall be
creditor, who is creditor in the main litigation. It is merely a case
entered and registered on the certificate of title affected, of involuntary novation by the substitution of one creditor for
free of charge. another. (Tayabas Land Co. vs. Sharruf, 15499. February 9, 1921)
---------------------------------------------------------
NOTES: Attachments Who has jurisdiction over garnishment?
The Notice of Garnishment of the Silverio share upon Manila Golf
brought the property into the custodia legis of the court issuing
What is an Attachment:
the writ, x x x. A court which has control of such property,
In general, an attachment is a writ issued at the institution or
exercises exclusive jurisdiction over the same, retains all incidents
during the progress of an action, commanding the sheriff or
relative to the conduct of such property. No court, except one
other public officer to attach the property, rights, credits, or
having supervisory control or superior jurisdiction in the premises,
effects of the defendant to satisfy the demands of the plaintiff.
has a right to interfere with and change that possession. (Yau vs.
Manila Banking Corporation, G.R. No. 128623. July 11, 2002)
An attachment, or a copy of any writ, order or process
issued by a court of record, intended to create or preserve
PRELIMINARY ATTACHMENT GARNISHMENT
any lien, status, right, or attachment upon registered land,
shall be filed and registered in the Registry of Deeds In preliminary attachment, As distinguished from
the property attached is preliminary attachment,
A restraining order, injunction or mandamus issued by the taken into the possession of garnishment does not usually
court shall be entered and registered on the certificate of the officer holding the writ, involve actual seizure of the
and is under his custody and property and no specific lien
title affected, free of charge. control, and specific lien is is acquired thereon; the
acquired thereby. property remains with the
How to register an attachment? When will such registration be garnishee.
enough against adverse claim? can it still be rebutted therein?
This Court has repeatedly held that in involuntary registration,
such as an attachment, levy on execution, 1is pendens and the While seizure of property garnishment merely
like, entry thereof in the day book or entry book is a sufficient under attachment may impounds the property in the
notice to all persons of such adverse claim. Petitioners' lien of cause entire loss of, or garnishee's possession and
attachment was properly recorded when it was entered in the considerable injury on, the maintains its status quo until
primary entry book of the Register of Deeds on October 6, 1982. property, determination of the main
action.
(Caviles, Jr. vs. Bautista, G.R. No. 102648. November 24, 1999)
Garnishment proceedings,
It is settled that registration in the public registry is notice to the furthermore, are usually
whole world. Every conveyance, mortgage, lease, lien, directed to personal
attachment, order, judgment, instrument or entry affecting property. (Moran, Comments
registered land shall, if registered, filed or entered in the Office of on the Rules of Court, 1957
the Register of Deeds of the province or city where the land to Ed., Vol. II, p. 5)
which it relates lies, be constructive notice to all persons from the
time of such registering, filing or entering. Under the rule of
What is a levy?
notice, it is presumed that the purchaser has examined every
The levy of an execution of a judgment consists in the act or acts
instrument of record affecting the title. Such presumption may
by which an officer sets apart or appropriates for the purpose of
• __
satisfying the command of the writ, a part or the whole of the adverse claim, and the court shall grant a speedy hearing
judgment debtor's property. (Llenares vs. Valdeavella and
upon the question of the validity of such adverse claim, and
Zoreta, No. 21572. October 4, 1924)
shall render judgment as may be just and equitable. If the
adverse claim is adjudged to be invalid, the registration
Will levy remain valid even if not filed in the registry of deeds? thereof shall be ordered canceled. If, in any case, the court,
A valid levy is essential to the validity of an execution sale, and after notice and hearing, shall find that the adverse claim
levy is invalid if the notice of levy of real property is not filed with
thus registered was frivolous, it may fine the claimant in an
the office of the register of deeds. (Llenares vs. Valdeavella, ibid)
amount not less than one thousand pesos nor more than
What is the exception? When will levy remain valid despite not five thousand pesos, in its discretion. Before the lapse of
being filed with the registry of deeds? thirty days, the claimant may withdraw his adverse claim
One of the main purposes of the requirement that the notice of by filing with the Register of Deeds a sworn petition to that
levy of real property be filed with the office of the register of
deeds, is to notify third parties who may be affected in their
effect.
dealings with respect to such property. ---------------------------------------------------------
NOTES: Adverse claim
Hence, where, as in the case at bar,
- there are no such third parties involved, What is an adverse claim
- and Whoever claims any part or interest in registered land
- the non-registration of the notice of levy prior to the
auction sale has not impaired the substantial rights of
adverse to the registered owner, arising subsequent to the
the judgment debtor, date of the original registration,
- REMEDY: may, if no other provision is made in
whose failure to contest the legality of the buyer's possession of this Decree for registering the same, make a
the property for about five (5) years after the auction sale
statement in writing setting forth fully his
amounted to laches, the subsequent registration of the
certificate of absolute sale amounted to the filing with the office alleged right or interest, and how or under whom
of the register of deeds of the notice of levy, insofar as the same acquired, a reference to the number of the
has the effect of notifying the whole world that the sheriff was certificate of title of the registered owner, the
taking constructive possession of the land for the purpose of name of the registered owner, and a description of
holding the same responsible for the payment of the money
judgment in favor of the judgment creditor. (Valenzuela, vs. De
the land in which the right or interest is claimed.
Aguilar, Nos. L-18083-84. May 31, 1963)
What is an adverse claim
Section 110 of the Land Registration Act provides:
NOTE: The purpose of requirements as to filing notice; Above
- Sec. 110. Whoever claims any right or interest in
circumstance under which failure to file notice of levy before
registered land adverse to the registered owner, arising
execution sale is not deemed fatal to the validity of sale
subsequent to the date of the original registration, may,
--------------------------------------------------------- if no other provision is made in this Act for registering
Section 70 the same, make a statement in writing setting forth fully
Adverse claim. his alleged right or interest and how or under whom
acquired, and a reference to the volume and page of
Whoever claims any part or interest in registered land
the certificate of title of the registered owner, and a
adverse to the registered owner, arising subsequent to the description of the land in which the right or interest is
date of the original registration, may, if no other provision claimed. The statement shall be signed and sworn to,
is made in this Decree for registering the same, make a and shall state the adverse claimant's residence and
statement in writing setting forth fully his alleged right or designate a place at which all notices may be served
upon him. This statement shall be entitled to registration
interest, and how or under whom acquired, a reference to
as an adverse claim, and the court upon a petition of
the number of the certificate of title of the registered any party in interest shall grant a speedy hearing upon
owner, the name of the registered owner, and a description the question of the validity of such adverse claim and
of the land in which the right or interest is claimed. shall enter such decree therein as justice and equity
The statement shall be signed and sworn to, and shall state may require. If the claim is adjudged to invalid, the
registration shall be cancelled. If in any case the court
the adverse claimant's residence, and a place at which all after notice and hearing shall find that a claim thus
notices may be served upon him. This statement shall be registered was frivolous or vexatious, it may tax the
entitled to registration as an adverse claim on the certificate adverse claimant double or treble costs in its discretion.
of title. The adverse claim shall be effective for a period of
Section 110 is divided into two parts.
thirty days from the date of registration. After the lapse of
- The first part refers to the procedure to be followed in
said period, the annotation of adverse claim may be registering an adverse claim in the Office of the
canceled upon filing of a verified petition therefor by the Register of Deeds.
party in interest: Provided, however, that after cancellation, - The second part provides for the determination by a
no second adverse claim based on the same ground shall be Court of the validity of an adverse claim upon petition
and speedy hearing (Gabriel vs. Register of Deeds of
registered by the same claimant.
Rizal, 118 Phil. 98() [19631).
Before the lapse of thirty days aforesaid, any party in
interest may file a petition in the Court of First Instance
where the land is situated for the cancellation of the Which Court has jurisdiction for adverse claim?
1
• __
Section 110 does not distinguish between a Court sitting as a When must a claimant file an adverse claim? Is there a
land registration Court and a Court of general jurisdiction. We deadline? When will it be too late?
are of the considered opinion, therefore, that either Court may It must be subsequent to the date of original registration.
determine the validity of an adverse claim and if found to be
invalid, order its cancellation. (GSIS vs. Court of Appeals, 240 An adverse claim or interest against the owner of a registered
SCRA 737, G.R. No. 56290January30, 1995) land, if prior and not subsequent to the date of original
registration cannot be registered on the Torrens certificate of
What is the purposes of adverse claim? title. (De los Reyes vs. De Ios Reyes, 91 Phil. 528; Consulta Nos.
Concededly, annotation of an adverse claim is a measure 552, 611, 1053, 1189, 1323.)
designed to protect the interest of a person over a piece of real - Thus, the fights of the successors-in-interest of a
property where the registration of such interest or fight is not homestead applicant over a piece of land which was
otherwise provided for by the Land Registration Act Of Act 496 title in the name of another (Consulta No. 1323.)
(now P.D. 1529 or the Property Registration Decree), - or the interest of a lawyer based on a conveyance of a
- and serves a warning to third parties dealing with said portion of the property subject of the land registration
property that someone is claiming an interest on the proceedings as payment of attorney's fees, (Consulta
same or a better fight than that of the registered owner No. 1103) are not registrable as the claims arose prior
thereof (Saionas vs. 258 SCRA 79, G.R. No. 102377 July and NOT subsequent to the date of original registration.
5, 1996) (Register of Deeds, MANUAL OF REGISTRATION, ibid)
What are the formal requisites of adverse claim Is adverse claim a subsidiary remedy? Can it be taken
advantage of if such interest is otherwise provided for by the
The following are the formal requisites of an adverse claim: I. Land Registration Act?
The adverse claimant must state the following in writing: “only when there is no provision in Act 496 under which the
claim may be registered. “
(a) His alleged right or interest;
(b) How and under whom such alleged right or interest is The annotation of an adverse claim is conditioned where the
acquired; registration of such interest or right is not otherwise provided for
(c) description of the land in which the right or interest is by the Land Registration Act. (CMS Logging, Inc. vs. Margarita E
claimed, and
Sison, CA-G.R No.SP-05831-R, June 2, 1977; Consulta No. 1056.)
(d) The certificate of title number. o 2. The statement must be
Hence, since Section 71 of Act 496 provides for the registration of
signed and sworn to before a notary public or other officer
authorized to administer oath; and 3. The claimant should a contractor's lien, an adverse claim based on said lien is not
state his residence or the place to which all notices may be registrable because the remedy of adverse claim may be
served upon him. (Lozano vs. Ballesteros, 195 SCRA 681, 1991, resorted to only when there is no provision in Act 496 under
G.R. No. 49470) which the claim may be registered. (Consulta No. (Register of
Deeds, Manual of Registration, ibid).
What if the Interest in land IS NOT adverse to the registered What must be the form and content of an adverse claim?
owner? Cite instances when adverse claim won’t be allowed?
The adverse claim should be in writing, signed and sworn to
- The claimant's right or interest must be adverse to by the adverse claimant, and shall set forth fully the following:
the registered owner. (Consulta No. 1044) He must (See Sec. 70, P.D. 1529.)
assert ownership over the land or a portion thereof (a) The claimant's alleged fight or interest;
and contest the registered owner's title; (Consulta (b) How or under whom such right or interest was acquired;
Nos. 1197, 1371.) there should be privity between (c) A reference to the number of the certificate of title of the
them. (Consulta No. 1119.) The claim, therefore, of registered owner;
the mortgages based on the mortgage executed (d) The name of the registered owner;
by the vendee of an unregistered sale is not (e) A description of the land in which the right interest is
registrable on the vendor’s title for not being claimed;
adverse to the registered owner. (Consulta NO. (f) The adverse claimant's residence; and
(g) The place where all notices may be served upon the
1346).
adverse claimant.
- Likewise, the claim against a corporation cannot be
enforced on the certificate of title of the
What if the formal requirements of the adverse claim is not
corporation's president and general manager,
complied with? What is the consequence?
(Consulta No. 1371.) The formal requirements should be complied with, otherwise,
- nor is the claim of the wife that the property is the adverse claim will not be registrable.
conjugal adverse to the title of the corporation
managed by her husband. (Consulta No. 1044.) Thus, the failure to state how and under whom the alleged
- Neither is the adverse claim of the registered himself right or interest was acquired renders the adverse claim
registrable against his own property; (Consulta Nos. non-registrable and ineffective. (Lozano vs. Ballesteros, 195
1003, 1364.) SCRA 681, 689.)
- nor is the claim for attorney's fees of a lawyer against
the certificate of title of the transferee of his client. Also, the claim is not registrable if it does not contain the
(Consulta No. 1103) (Register of Deeds, Manual of description of the land in which the right or interest is claimed
Registration) (Consulta Nose 143, 244, 704, 798, 1132, 1371, 1505; Cabrillos
vs. Register or Deeds of Cebu, 71 0.G. 810.) nor indicate the
place where all notices may be served upon the adverse
claimant. (Consulta Nos. 144, 621)
2
• __
NOTE: Under Section 110 of Act 496, reference to the volume
and page of the certificate of title of the registered owner was ---------------------------------------------------------
required. (Consulta Nos. 110, 196, 79., 1003, 1049.) However, Section 71
Section 70, PD. 1529, no longer impose such requirement. Surrender of certificate in involuntary dealings. -
(Consulta No. 1235.) (Register of Deeds, Manual of
Registration, ibid) If an attachment or other lien in the nature of involuntary
dealing in registered land is registered, and the duplicate
What is the difference between the adverse claim and the certificate is not presented at the time of registration, the
notice of such adverse claim? Will the notice of adverse claim Register of Deeds shall, within thirty-six hours thereafter,
remain valid even after the p eriod of thirty days? send notice by mail to the registered owner, stating that
In the 1996 case of Sajonas v. Court of Appeals, 258 SCRA 79 such paper has been registered, and requesting him to send
(1996), we explained that a notice of adverse claim remains or produce his duplicate certificate so that a memorandum
valid even after the lapse of the 30-day period provided by
of the attachment or other lien may be made thereon. If the
Section 70 of PD 1529. Section 70 provides: (Ching vs. Enrile, 565
SCRA 402, 156076 September 17, 2008) owner neglects or refuses to comply within a reasonable
time, the Register of Deeds shall report the matter to the
- Whoever claims any part or interest in registered court, and it shall, after notice, enter an order to the owner,
land adverse to the registered owner, arising to produce his certificate at a time and place named therein,
subsequent to the date of the original registration, and may enforce the order by suitable process.
may, if no other provision is made in this Decree ---------------------------------------------------------
for registering the same, make a statement in NOTES Surrender of certificate in involuntary dealings.
writing setting forth fully his alleged right or
NOTES: above
interest, and how or under whom acquired, a
reference to the number of the certificate of title of
---------------------------------------------------------
the registered owner, the name of the registered
Section 72
owner, and a description of the land in which the
Dissolution, etc. of attachments, etc.
right or interest is claimed.
Attachments and liens of every description upon registered
- The adverse claim shall be effective for a period of
land shall be continued, reduced, discharged and dissolved
thirty days from the date of registration. After the
by any method sufficient in law, and to give effect to the
lapse of said period, the annotation of adverse
continuance, reduction, discharge or dissolution thereof the
claim may be canceled upon filing of a verified
certificate or other instrument for that purpose shall be
petition therefor by the party in interest: Provided,
registered with the Register of Deeds.
however, that after cancellation, no second adverse
---------------------------------------------------------
claim based on the same ground shall be registered
NOTES Dissolution, etc. of attachments, etc
by the same claimant.
NOTES: above
Until when can such notice of adverse claim be valid?
We held that for as long as there is yet no petition for its
cancellation, the notice of adverse claim remains subsisting: ---------------------------------------------------------
Thus: At first blush, the provision in question would seem to restrict Section 73
the effectivity of the adverse claim to thirty days. But the above Registration of orders of court, etc.
provision cannot and should not be treated separately, but
should be read in relation to the sentence following, which
If an attachment is continued, reduced, dissolved, or
reads: After the lapse of said period, the annotation of the otherwise affected by an order, decision or judgment of the
adverse claim may be cancelled upon filing of a verified court where the action or proceedings in which said
petition therefor by the party in interest. If the rationale of the attachment was made is pending or by an order of a court
law was for the adverse claim to ipso facto lose force and effect having jurisdiction thereof, a certificate of the entry of such
after the lapse Of thirty days, then it would not have been
necessary to include the foregoing caveat to clarify and
order, decision or judgment from the clerk of court or the
complete the rule. For then, no adverse claim need be judge by which such decision, order or judgment has been
cancelled. If it has been automatically terminated by mere rendered and under the seal of the court, shall be entitled to
lapse of time, party in interest to do a useless act. the law would be registered upon presentation to the Register of Deeds.
not have required the (Ching vs. Enrile, ibid)
---------------------------------------------------------
Since a petition for its cancellation is required. What then is the NOTES Registration of orders of court, etc.
procedure to for such a petition?
In a petition for cancellation of adverse claim, a hearing must NOTES: above
first be conducted. The hearing will afford the parties an
opportunity to prove the propriety or impropriety of the adverse ---------------------------------------------------------
claim. Now, as we see it, the recourse will either rise or fall on the Section 74
decisive question of whether or not respondents were purchasers
Enforcement of liens on registered land.
in good faith when they acquired the disputed lot despite the
annotated adverse claim on their title. (Ching vs. Enrile, ibid) Whenever registered land is sold on execution, or taken or
sold for taxes or for any assessment or to enforce a lien of
3
• __
any character, or for any costs and charges incident to such the Register of Deeds upon verified petition of the party
liens, any execution or copy of execution, any officer's who caused the registration thereof.
return, or any deed, demand, certificate, or affidavit, or
other instrument made in the course of the proceedings to At any time after final judgment in favor of the defendant,
enforce such liens and required by law to be recorded, shall or other disposition of the action such as to terminate
be filed with the Register of Deeds of the province or city finally all rights of the plaintiff in and to the land and/or
where the land lies and registered in the registration book, buildings involved, in any case in which a memorandum or
and a memorandum made upon the proper certificate of notice of lis pendens has been registered as provided in the
title in each case as lien or encumbrance. preceding section, the notice of lis pendens shall be
--------------------------------------------------------- deemed canceled upon the registration of a certificate of
NOTES Enforcement of liens on registered land. the clerk of court in which the action or proceeding was
pending stating the manner of disposal thereof.
NOTES: above ---------------------------------------------------------
NOTES Notice of lis pendens.
---------------------------------------------------------
Section 75 What is Lis Pendens:
Application for new certificate upon expiration of Lis pendens is a Latin term which literally means a pending suit or
redemption period. a pending litigation while a Notice of lis pendens is an
Upon the expiration of the time, if any, allowed by law for announcement to the whole world that a particular real
property is in litigation,
redemption after registered land has been sold on execution
- serving as a warning that one who acquires an interest
taken or sold for the enforcement of a lien of any over the said property does so at his own risk, or that he
description, except a mortgage lien, the purchaser at such gambles on the result of the litigation over the said
sale or anyone claiming under him may petition the court property.
for the entry of a new certificate of title to him. - It is but a signal to the intending buyer or mortgagee to
take care or beware and to investigate the prospect or
Before the entry of a new certificate of title, the registered non-prospect of the litigation succeeding before he
owner may pursue all legal and equitable remedies to forks down his money. (People vs. Regional Trial Court
impeach or annul such proceedings. of Manila, 178 SCRA 299, G.R. No. 81541 October 4,
--------------------------------------------------------- 1989)
NOTES Application for new certificate upon expiration of
redemption period What is the purpose of Lis Pendens:
Doctrine of lis pendens is founded upon reason of public policy
NOTES: above and necessity.—"[Tlhe doctrine of lis pendens is founded upon
reason of public policy and necessity, the purpose of which is to
--------------------------------------------------------- keep the subject matter of the litigation within the power of the
Section 76 Court until the judgment or the decree shall have been entered;
otherwise, by successive alienations pending the litigation, its
Notice of lis pendens.
judgment or decree shall be rendered abortive and impossible
No action to recover possession of real estate, or to quiet of execution." (People vs. Regional Trial Court of Manila, ibid)
title thereto, or to remove clouds upon the title thereof, or
for partition, or other proceedings of any kind in court
directly affecting the title to land or the use or occupation What is the form and content of Lis Pendens:
thereof or the buildings thereon, and no judgment, and no
proceeding to vacate or reverse any judgment, shall have A notice of 1is pendens to be registrable must state the
following:
any effect upon registered land as against persons other
(a) The institution of the action or proceeding;
than the parties thereto, unless a memorandum or notice (b) The court where the action is pending;
stating the institution of such action or proceeding and the (c) The date of the institution of the action;
court wherein the same is pending, as well as the date of (d) The names of parties;
(e) The object of the action or defense;
the institution thereof, together with a reference to the (f) The number of the certificate of title;
number of the certificate of title, and an adequate (g) Adequate description of the land affected; and
description of the land affected and the registered owner (h) The registered owner of the property. 358 Full compliance
with the legal requirements is enjoined to render the notice
thereof, shall have been filed and registered. registrable. (Consulta Nos. 107, 1025, 1120 and 1151.)
Section 77 What if the formal requirements of the notice of lis pendens is
Cancellation of lis pendens. not complied with? What is the consequence?
Failure comply with the formal requirements is a valid and
Before final judgment, a notice of lis pendens may be sufficient ground for denying registration since the register of
canceled upon order of the court, after proper showing that deeds is without authority to record documents that are
the notice is for the purpose of molesting the adverse party, deficient in form and substance. (Consulta Nos. 1301, 1348)
(Register of Deeds, MANUAL OF REGISTRATION, ibid)
or that it is not necessary to protect the rights of the party
who caused it to be registered. It may also be canceled by
4
• __
5
authority of the latter shall be in writing; otherwise, the sale
Chapter V Subsequent Registration shall be void.
- The authority of an agent to sell. "When a sale of
---------------------------------------------------------
a piece of land or any interest therein is through
Essential Requisites of a Deed an agent, the authority of the latter shall be in
writing; otherwise, the sale shall be void." (Article
--------------------------------------------------------- 1874) p Type here to search
FORM OF CONTRACTS
(f) Contracts of antichresis (here the principal loan, and the
interest if any, must be specifi ed in writing; otherwise, the
GENERAL RULE: FORM IS NOT REQUIRED
contract of antichresis is void). (Art. 1773, Civil Code).
- Antichresis. According to Art. 2134 of the Code, in
contracts of antichresis, the amount of the
1ST EXCEPTION: WHEN FORM IS REQUIRED BY LAW principal and of the interest shall be specifi ed in
TO BE VALID writing; otherwise, the contract shall be void.
[FORMALTIES FOR VALIDITY] = FORMAL CONTRACTS (g) Article 2125. In addition to the requisites stated in article
2085, it is indispensable, in order that a mortgage may be
“HERE: FORM BECOMES 4TH ESSENTIAL REQUISITE” validly constituted, that the document in which it appears
REMEDY: VOID/VOIDABLE be recorded in the Registry of Property. If the instrument is
not recorded, the mortgage is nevertheless binding
between the parties.
Examples of Formal Contracts
(NOTE: If the form is not complied with, Art. 1457 of the Civil Contracts which must be registered are as follows:
Code cannot be availed of.) (1) Chattel mortgages. According to Art. 2140 of the Code,
by a chattel mortgage, personal property is recorded in
(a) Donations of real property (these require a public the Chattel Mortgage Register as a security for the
instrument). (Art. 749, Civil Code). performance of an obligation. If the movable, instead of
- Donations inter vivos of real property In order that being recorded, is delivered to the creditor or a third
the donation of an immovable may be valid, it person, the contract is a pledge and not a chattel
must be made in a public document, specifying mortgage.
therein the property donated and the value of - In chattel mortgages, there should be an affidavit
the charges which the done must satisfy. xxx If the of good faith. A chattel mortgage shall be
acceptance is made in a separate instrument, deemed to be sufficient when made substantially
the donor shall be notified thereof in an authentic in accordance with the following form, and shall
form, and this step shall be noted in both be signed by the person or persons executing the
instruments. (Article 749 of the Civil Code) same, in the presence of two witnesses, who shall
- (d) Donation mortis causa of real property sign the mortgage as witnesses to the execution
Donations which are to take effect upon the thereof, and each mortgagor and mortgagee,
death of the donor partake of the nature of or, in the absence of the mortgagee, his agent or
testamentary provisions, and shall be governed attorney, shall make and subscribe an affidavit in
by the rules established in the (Article 728 of the substance as hereinafter set forth, which affidavit,
Civil Code) signed by the parties to the mortgage as above
stated, and the certificate of the oath signed by
(b) Donations of personal property (these require a written the authority administering the same, shall bc
contract or document if the donation exceeds P500). (Art. appended to such mortgage and recorded
748, Civil Code). therewith. (SECTION 5 OF ACT NO. 1508)
(2) Sales or transfers of large cattle. According to the
Cattle Registration Act, no sale or transfer of large cattle
(c) Stipulation to pay interest on loans, interest for the USE shall be valid unless it is duly registered and a certifi cate of
of the money (said stipulation must be in writing). transfer is secured.8
- Agreements regarding payment of interest in
contracts of loan. According to Art. 1956 of the
Code, no interest shall be due unless it has been
expressly stipulated in writing. The validity of the
2ND EXCEPTION: WHEN FORM IS REQUIRED BY LAW
contract of loan, however, is not affected.
TO BE ENFORCEABLE
(d) Transfer of large cattle (this requires the transfer of the
certifi cate of registration). (Sec. 523, Rev. Adm. Code). [FORMALITIES FOR ENFORCEABILITY]
“HERE: FORM BECOMES 4TH ESSENTIAL REQUISITE”
(e) Sale of a piece of land or any interest therein through
REMEDY: VOID/VOIDABLE
an agent. According to Art. 1874 of the Code, the
• __
Article 1403. The following contracts are unenforceable, unless (1) Acts and contracts which have for their object
they are ratified:
the creation, transmission, modification or
xxxxxxxxxx
(2) Those that do not comply with the Statute of Frauds as set forth extinguishment of real rights over immovable
in this number. In the following cases an agreement hereafter made property; sales of real property or of an interest
shall be unenforceable by action, unless the same, or some note or therein are governed by articles 1403, No. 2, and
memorandum, thereof, be in writing, and subscribed by the party
1405;
charged, or by his agent; evidence, therefore, of the agreement
cannot be received without the writing, or a secondary evidence of - 1403 (2) Those that do not comply with the
its contents: Statute of Frauds as set forth in this
(a) An agreement that by its terms is not to be performed within a number. I
year from the making thereof;
(b) A special promise to answer for the debt, default, or miscarriage
- Article 1405. Contracts infringing the
of another; Statute of Frauds, referred to in No. 2 of
(c) An agreement made in consideration of marriage, other than a article 1403, are ratified by the failure to
mutual promise to marry;
object to the presentation of oral evidence
- Agreements made in consideration of marriage. The
following contracts are unenforceable, unless they are to prove the same, or by the acceptance of
ratified: o o x x x. benefit under them.
- Those that do not comply with the Statute of Frauds as
set forth in this number. In the following cases an Can a sale of real property be made legally effective against
agreement hereafter made shall be unenforceable by third parties without registration?
action, unless the same, or some note or memorandum,
It is settled in this jurisdiction that a sale of real
thereof, be in writing, and subscribed by the party
charged, or by his agent; evidence, therefore, of the estate, whether made as a result of a private
agreement cannot be received without the writing, or a transaction or of a foreclosure or execution sale,
secondary evidence of its contents: An agreement made becomes legally effective against third parties
in consideration of marriage, other than a mutual promise
only from the date of its registration (Section 50,
to marry; (Article 1403(2) (c) of the Civil Code)
(d) An agreement for the sale of goods, chattels or things in action, Act 496; Anderson & Co. vs. Garcia 64:506)
at a price not less than five hundred pesos, unless the buyer accept [Campillo v. Philippine National Bank. GR No
and receive part of such goods and chattels, or the evidences, or L-19890, Mny 21. [969. 28 SCRA 220]
some of them, of such things in action or pay at the time some part
of the purchase money; but when a sale is made by auction and
entry is made by the auctioneer in his sales book, at the time of the Relating to above and since Article 1358 is only for efficacy,
sale, of the amount and kind of property sold, terms of sale, price, will a conveyance of land made in a private document affect
names of the purchasers and person on whose account the sale is its validity? If no, what is the correct remedy for such a private
made, it is a sufficient memorandum; sale not appearing in a public document?
(e) An agreement for the leasing for a longer period than one year, NO. A conveyance of land made in a private document
or for the sale of real property or of an interest therein; does not affect its validity.
( f ) A representation as to the credit of a third person. Article 1358, like its forerunner Article 1280 of the Civil Code of
Spain, does not require the accomplishment of the acts or
contracts in a public instrument in order to validate the acts
or contract but only to insure its efficacy, so that after the
3RD EXCEPTION: WHEN IT IS PRESCRIBED BY LAW
existence of said contract has been admitted the party
FOR CONVENIENCE/EFFICACY ONLY: ARTICLE bound may be compelled to execute the proper document.
1358 of the Civil Code
Thus, for instance, to recover the other half of the property
“HERE: FORM IS NOT AN ESSENTIAL REQUISITE” covered by the private Calig-onan sa Panagpalit and to
REMEDY: JUDICIALLY COMPEL THE OTHER PARTY TO FOLLOW
have it registered on the title of the property, petitioners
THE FORM
should have filed an action to compel respondents, as heirs
of the sellers in the contract, to execute a public deed of sale.
Article 1357. If the law requires a document or [Labiste v. Labiste, GR No. 162033, May 8.2009. SCRA 317]
other special form, as in the acts and contracts
enumerated in the following article, the contracting (2) The cession, repudiation or renunciation of
parties may compel each other to observe that hereditary rights or of those of the conjugal
form, once the contract has been perfected. This partnership of gains;
right may be exercised simultaneously with the
action upon the contract. (1279a) (3) The power to administer property, or any other
power which has for its object an act appearing or
Article 1358. The following must appear in a which should appear in a public document, or
public document: should prejudice a third person;
1
• __
If a contract of sale is perfected at the moment there is a
(4) The cession of actions or rights proceeding from meeting of minds/consent, does it vest ownership as well at that
an act appearing in a public document. moment? Or is delivery (i.e. consummation?) still required?
NO, The perfection of a contract of sale should not, however, be
All other contracts where the amount involved confused with its consummation. In relation to the acquisition
and transfer of ownership, it should be noted that sale is not a
exceeds five hundred pesos must appear in
mode, but merely a title. A contract of sale is deemed
writing, even a private one. consummated where the sellers and buyers have performed
- EXCEPTION: But sales of goods, chattels or their respective obligations under the contract. In a contract of
things in action are governed by articles, sale, the seller obligates himself to transfer the ownership of the
determinate thing sold, and to deliver the same, to the buyer
1403, No. 2 and 1405. (1280a) who obligates himself to pay a price certain to the seller.
Ownership of the thing sold is transferred to the vendee upon its
Is an unsigned deed of sale not valid? actual or constructive delivery. [me: i.e. consummation?]
In Limketkai Sons Milling, Inc. v. Court of Appeals, the Court held:
The fact that the deed of sale still had to be signed and RULE IN CASE OF SALE OF REAL PROPERTY;
notarized does not mean that no contract had already been
unit price contract v. lump sum contract
perfected. A sale of land is valid regardless of the form it may
have been entered into (Claudel vs. Court of Appeals. 199 SCRA In a contract of sale of property, which should prevail: the
113, 119 [19911). The requisite form under Article 1458 of the Civil area declared or the boundary? Based on this, is a unit price
Code is merely for greater efficacy or convenience and the contract conclusive? or can it be adjusted based on
failure to comply therewith does not affect the validity and boundary?
binding effect of the act between the parties (Vitug.
Compendium of Civil Iaw and Jurisprudence, 1993 Revised In Esguerra v. Trinidad [[G.R. No. 169890, March 12, 2007, 518
Edition, p. 552). If the law requires a document or other special SCRA 186.],] the Court had occasion to discuss the matter of
form, as in the sale of real property, the contracting parties may sales involving real estates. The Court’s pronouncement is
compel each other to observe that form, once the contract has quite instructive:
been perfected. Their right may be exercised simultaneously with
action upon the contract (Article 1359, Civil code). [GR No. In sales involving real estate, the parties may choose between
118509, December 1, 1995, 250 SCRA 523] two types of pricing agreement:
- a unit price contract wherein the purchase price is
determined by way of reference to a stated rate per
Is failure to embody a certain instrument into a public
unit area (e.g., ₱1,000 per square meter),
document affect its validity? - or a lump sum contract which states a full purchase
ART. 1358 of the Civil code which requires the embodiment of price for an immovable the area of which may be
certain contracts in a public instrument, is only for convenience; declared based on the estimate or where both the
and registration of the instrument only adversely affects third area and boundaries are stated (e.g., ₱1 million for
parties, and non-compliance therewith does not adversely 1,000 square meters, etc.). In Rudolf Lietz, Inc. v.
affect the validity of the contract or the contractual rights and Court of Appeals (478 SCRA 451), the Court
obligations of the parties thereunder [Estreller v. Ysmael, GR No. discussed the distinction:
170264, March 12, 2009, 580 SCRA 247] - "…In a unit price contract, the statement of
area of immovable is not conclusive and
In the foregoing, when form is merely required for efficacy, the price may be reduced or increased
which will prevail the form of the contract or the intention of the depending on the area actually delivered.
parties? If the vendor delivers less than the area
A [me: consensual] contract is perfected by mere consent. More agreed upon, the vendee may oblige the
particularly, a contract of sale is perfected at the moment there vendor to deliver all that may be stated in
is a meeting of minds upon the thing which is the object of the the contract or demand for the
contract and upon the price [me: consideration?]. This meeting proportionate reduction of the purchase
of the minds speaks of the intent of the parties in entering into price if delivery is not possible. If the vendor
the contract respecting the subject matter and the delivers more than the area stated in the
consideration thereof. contract, the vendee has the option to
accept only the amount agreed upon or
If the words of the contract [me: form?] appear to be contrary to to accept the whole area, provided he
the evident intention of the parties, the latter shall prevail over pays for the additional area at the
the former. contract rate.
- REMEDY: Even when a document appears on its face
to be a sale, the owner of the property may prove that Where both the area and the boundaries of the immovable
the contract is really a loan with mortgage by raising as are declared. the area covered within the boundaries of the
an issue the fact that the document does not express immovable prevails over the stated area. In cases of conflict
the true intent of the parties. [Lustan v. Court of between areas and boundaries, it is the latter which should
Appeals, GR No 111924. Jam 27. 1997, SCRA 663.] prevail. What really defines a piece of ground is not the area,
calculated with more or less certainty, mentioned in its
2
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description, but the boundaries therein laid down, as Should the wife fail to exercise this right, she or her
enclosing the land and indicating its limits. heirs, after the dissolution of the marriage, may
demand the value of property fraudulently
In a contract of sale or land in a mass, it is well established alienated by the husband. (n)
that the specific boundaries stated in the contract must - In Felipe v. Aldon [G.R. L-60174. Feb. 16. 1983. 205
control over any statement with respect to the area Phil. 537.] the Court applied Article 173 in a case
contained within its boundaries. use of "more or less" or similar where the wife sold some parcels of land belonging
words in designating quantity covers only a reasonable to the conjugal partnership without the consent of
excess or deficiency. the husband. The Court ruled that the contract Of
- Black's Law Dictionary defines the phrase "more or sale was voidable subject to annulment by the
less" to mean: about; substantially or approximately, husband.
implying that both parties assume the risk of any
ordinary discrepancy. The words are intended to If it is voidable according to Article 173, what would inaction
cover slight or unimportant inaccuracies in quantity, of the offended party result to?
and are ordinarily to be interpreted as taking care of Voidable contracts, however, are susceptible to ratification.
unsubstantial differences or differences of small In the case of Alfredo v. Borras [GR No. 144225. June 17.2003.
importance compared to the whole number of 404 SCRA 145]: the Court held that if the sale of the property
items transferred. [Del Prado v. Cabellero GR 148225 by Carmen was unauthorized by her husband. Godofredo.
MARCH 3 2010] the latter should have filed an action to annul the sale, but he
did not. His conduct belies his claim that his wife sold the
subject land without his consent. Moreover, even if Carmen
RULE IN CASE OF SALE OF CONJUGAL PROPERTY sold the land without the consent of her husband, the sale still
binds the conjugal partnership since the proceeds was used
Is a sale of a conjugal property without the consent of the
to pay their debt with the bank. Article 161 Of the Civil Code
spouse valid?
provides that the conjugal partnership shall be liable for debts
Family code which took effect on August 3, 1988, provides
and obligations contracted by the wife for the benefit of the
that any alienation or encumbrance made by the husband of
conjugal partnership.
the conjugal partnership property without the consent of the
wife is toid. Article 124.
Is a sale of a conjugal property without the consent of the Contract of Sale Contract to Sell
spouse valid? How about the portion pertaining to the
husband? In a contract of sale, In a contract to sell.
In Guiang v. of Appeals [353 PHIL 578 (1998)] the court held
ownership is, by agreement,
that the sale of conjugal property requires the consent of
reserved in the vendor
both the husband and wife. In applying Article 124 of the
Family code, the court declared consent of one renders the the title to the property and is not to pass to the
entire sale null and void, including the portion of the conjugal passes to the vendee vendee
property pertaining to the husband who contracted the sale.
[see also Alinas v. Alinas GR No. 158040 April 14.2008 551 SCRA
154] upon the delivery of the thing until full payment of the
sold; purchase price.
What if the sale was done before the effectivity of the Family
a contract of sale, whereas in a contract to sell,
Code?
However, where the sale was made before the effectivity of the vendor loses ownership title is retained by the vendor
the Family Code [August 3, 1988], the applicable law is Article over the property until full payment of the
173 of the Civil Code which provides that the disposition of price.
conjugal property without the wife's consent is not void but
and cannot recover it until
merely voidable. The wife may, during the marriage, and
and unless the contract is
within 10 years from the transaction questioned, ask the courts resolved or rescinded:
for the annulment of any contract of the husband entered
into without her consent, when such consent is required; or
any act or contract of the husband which tends to defraud
her or impair her interest in the conjugal partnership property.
Should the wife fail to exercise this right. she or her heirs, after In a contract of sale, the In a contract to sell, the
the dissolution of the marriage, may demand the value of seller conveys ownership of buyer does not acquire
the property to the buyer ownership of the property
property fraudulently alienated by the husband.
upon the perfection of the until he fully pays the
- Article 173. The wife may, during the marriage, and contract. purchase price.
within ten years from the transaction questioned, ask [consummation?]
the courts for the annulment of any contract of the
husband entered into without her consent, when
such consent is required, or any act or contract of REMEDY: Should the buyer REMEDY: For this reason. if the
default in the payment of the buyer defaults in the
the husband which tends to defraud her or impair
purchase price. the seller payment thereof, the seller
her interest in the conjugal partnership property. may either sue for the can only sue damages.
3
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4
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5
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If appearance in a public document is only required for efficacy and upon all persons claiming under him, in favor of every
and will not affect the validity of a contract, how about
purchaser for value and in good faith.
registration? Will it affect the validity of a sale?
As between the parties to a sale, registration is not necessary to
make it valid and effective, for actual notice is equivalent to In all cases of registration procured by fraud, the owner
registration. "The purpose of registration is merely to notify the may pursue all his legal and equitable remedies against the
interests of strangers to a given transaction. who may be parties to such fraud without prejudice, however, to the
ignorant thereof and the non-registration of the deed
evidencing said transaction does not relieve the parties thereto
rights of any innocent holder for value of a certificate of
of their obligation thereunder. Where no right of innocent third title. After the entry of the decree of registration on the
persons is involved the conveyance between the vendee and original petition or application, any subsequent registration
his vendors, although not registered, is valid and binding upon procured by the presentation of a forged duplicate
the latter as well as upon his heirs. Indeed no action for the certificate of title, or a forged deed or other instrument,
enforcement of the contract is needed, since the delivery of
possession of the land sold consummated the sale and
shall be null and void.
transferred title to the purchaser. ---------------------------------------------------------
--------------------------------------------------------- ON FORGED DEED; EXCEPTIONS ON
Section 52 INNOCENT PURCHASERS
Constructive notice upon registration.
Every conveyance, mortgage, lease, lien, attachment, order,
judgment, instrument or entry affecting registered land ON FORGED DEED
shall, if registered, filed or entered in the office of the
Register of Deeds for the province or city where the land to GENERAL RULE: Generally, a forged or fraudulent deed or any
instrument effecting transfer of ownership is a nullity and
which it relates lies, be constructive notice to all persons conveys no title.[7]
from the time of such registering, filing or entering. - When the instrument presented to the Registry of
--------------------------------------------------------- Deeds for registration is forged, even if
accompanied by the owner’s duplicate certificate
NOTES Constructive notice upon registration. of title, the registered owner does not thereby lose
his title, and neither does the assignee or the
If registration is notice upon the world, will failure of registration mortgagee, for that matter, acquire any right or title
affect the contract of sale between the parties? [ACTUAL NOTICE to the property.[8]
v. CONSTRUCTIVE NOTICE]
NO. (me: The actual notice between the parties is enough. EXCEPTION RULE: without
prejudice, however, to the rights
Absence of constructive notice upon the world protect against
of any innocent holder for value of a certificate of title
third persons not between the parties.)
Innocent purchaser (buyer in good faith)
As between the parties to a contract of sale registration is not An innocent purchaser for value is one who buys the property
necessary to make it valid and effective, for actual notice is of another without notice that some other person has a right
equivalent to registration. Section 51 of the Property Registration to or interest therein and who then pays a full and fair price
Decree provides that even without the act of registration. a for it at the time of the purchase or before receiving a notice
deed purporting to convey or affect registered land shall of the claim or interest of some other persons in the property.
operate as a contract between the parties. The registration is Buyers in good faith buy a property with the belief that the
intended to protect the buyer against claims of third persons person from whom they receive the thing is the owner who
arising from subsequent alienations by the vendor, and is can convey title to the property. Such buyers do not close
certainly not necessary to give effect to the of sale, as between their eyes to facts that should put a reasonable person on
the parties to the contract. [Lustan v. CA GR 111924 (Jan 27 guard and still claim that they are acting in good faith.[12]
1997)]
--------------------------------------------------------- NOTE: This is the reason why there can be no
Section 53 “buyer in good faith” when the instrument
Presentation of owner's duplicate upon entry of new registered is forged.
certificate. - However, the second sentence of the
above-cited provision (earlier quoted provision)
No voluntary instrument shall be registered by the Register operates as a qualification of the first sentence or
of Deeds, unless the owner's duplicate certificate is rather a limitation to the concept of innocent
presented with such instrument, except in cases expressly purchaser[14] since it provides that After
the
provided for in this Decree or upon order of the court, for entry of the decree of registration on the
cause shown. original petition or application, any
The production of the owner's duplicate certificate, subsequent registration procured by the
whenever any voluntary instrument is presented for presentation of a forged duplicate
registration, shall be conclusive authority from the certificate of title, or a forged deed or other
registered owner to the Register of Deeds to enter a new instrument, shall be null and void.
certificate or to make a memorandum of registration in - MEANING: Even if its an innocent
purchaser of value, if it is procured from
accordance with such instrument, and the new certificate or a forged deed, it is null and void.
memorandum shall be binding upon the registered owner - [Peralta v. Heirs of Abalon, G.R. No. 183448, June
6
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oblige him to go beyond the certificate to determine the
30, 2014]
condition of the property. Where there is nothing in the
certificate of title to indicate any cloud or vice in the
FIRST CASE: Forger sells to an SECOND CASE: Forger thru
innocent purchaser of value insidious means, obtains the ownership of the property, or any encumbrance thereon, the
using a forged duplicate owner’s duplicate purchaser is not required to explore further than what the
certificate of title, converts Torrens Title upon its face indicates in quest for any hidden
certificate of title, or a it in his name, and sells it to defects or inchoate right that may subsequently defeat his
forged deed = n ull and an innocent holder for right thereto. (Villamil vs. Villarosa, G.R. No. 177187. April 7,
void. value = VALID
2009)
- meaning Original
Owner still holds a
valid Torrens Title NOTE: i n favor of every
- purchaser for value
this EXCEPTION for innocent Spouses Peralta v. Heirs of
purchase of value has no Abalon[15],
- and
application where the - in good faith.
owner Thus, the qualifying point
here is that there must be a
complete chain of same rule applies to lessees and
still holds a valid and registered titles.30 This mortgagees.
existing certificate of title means that all the transfers
covering the same interest starting from the original
in a realty; rightful owner to the Section 32 of P.D. 1529 extends the protection given to an
innocent holder for value – innocent purchaser for value to an innocent mortgagee. The
i.e., when the original owner and that includes the term “innocent purchaser for value” also includes an innocent
retained possession of the transfer to the forger – must lessee.[28] The said provision provides: Section 32. x x x.
title, be duly registered, and the Whenever the phrase “innocent purchaser for value” or an
title must be properly issued
equivalent phrase occurs in this Decree, it shall be deemed to
but through fraud, to the transferee.
include an innocent lessee, mortgagee, or other
another person secured a encumbrancer for value.
court order for the issuance
of a copy thereof.
NOTE: However, this doctrine presupposes that the mortgagor,
For in such a case the new who is not the rightful owner of the property, has already
certificate is binding upon
succeeded in obtaining Torrens title over the property in his
the owner (Sec.55, Act 496;
Sec. 53, P.D. No. 1529). name and that, after obtaining the said title, he succeeds in
mortgaging the property to another who relies on what
So if the owner holds a valid appears on the title.
and existing certificate of
title, his would be EXCEPTIONS FOR MORTGAGEES:
indefeasible as against the 1. Hence, the doctrine of mortgagee in good faith
whole world, and not that
does not apply to a situation where the title is still in
of the innocent holder’s –
prior tempore potior jure the name of the rightful owner and the mortgagor is
(earlier in time, priority in a different person pretending to be the owner. In
right).[18] such a case, the mortgagee is not an innocent
mortgagee for value and the registered owner will
generally not lose his title.[35]
2. In the same vein, the doctrine has no application
EXCEPTION: Protection for the innocent where the owner could not be charged with
purchaser; negligence in the keeping of its duplicate
certificates of title or with any act which could have
brought about the issuance of another title relied
GENERAL: Such innocent purchaser is not upon by the purchaser or mortgagee for value, as
required to explore further than what the Torrens Title upon its the innocent registered owner has a better right over
face the mortgagee in good faith. For the law protects
and prefers the lawful holder of registered title over
As a general rule, every person dealing with registered land the transferee of a vendor bereft of any transmissible
may safely rely on the correctness of the certificate of title rights.[36]
issued therefore and the law will no way oblige him to go
beyond the certificate to determine the condition of the
property.
Who is NOT an innocent purchaser;
Well-settled is the rule that every person dealing with a
registered land may safely rely on the correctness of the
certificate of title issued therefor and the law will in no way
7
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8
• __
Inasmuch as the rule on double sale is premised on the comes.
existence of two or more valid sales of the same property,
there is no “double sale” to speak of when there is fraud or PRESCRIPTION
The presence of fraud creates an implied trust in favor of the
forgery involved.
plaintiffs, giving them the right to seek reconveyance of the
property from the private respondents. The aggrieved party
Hence, Art. 1544 does not apply. In Fudot v. Cattleya Land, may file an action for reconveyance based on implied or
Inc.[46], the Court ruled that Art. 1544 is not applicable in the constructive trust,
instant case – the second sale in favor of petitioner is without
the consent of the other spouse and the latter’s signature in
- which prescribes in ten years from the date
of the issuance of the Certificate of Title over the
the deed being forged. property
- NOTE: provided that the property has not been
The Court also cited the case of Remalante v. Tibe[47] where acquired by an innocent purchaser for value.
it ruled that the Civil Law provision on double sale is not
applicable where there is only one valid sale, the previous BASIS:
sale having been found to be fraudulent. 3. If the action does not involve the annulment of a contract,
but there was fraud in the registration of the subject property,
Likewise, in Espiritu and Apostol v. Valerio[48], where the same - then the period of prescription is ten years from the
parcel of land was purportedly sold to two different parties, discovery of the fraud
- the Court held that despite the fact that one deed
This finds codal support in No. (2) of Art. 1144 of the Civil
of sale was registered ahead of the other, Art. 1544
Code, [TITLE V PRESCRIPTION / CHAPTER 3 Prescription of
of the Civil Code will not apply where said deed is Actions]
found to be a forgery, the result of this being that the - which declares that an action based upon
right of the other vendee should prevail. - (1) Upon a written contract;
- (2) Upon an obligation created by law;
[44] Spouses Sabitsana v. Muertegui, G.R. No. 181359, August - (3) Upon a judgment. (n)
- must be brought within ten years from the time the
5, 2013
right of action accrues.
[45] Fudot v. Cattleya Land, Inc., G.R. No. 171008, September PRESCRIPTION
13, 2007, citing Justice Jose Vitug, Compendium of Civil Law It is Idle to bother as to whether the action here is one
and Jurisprudence 604 (1993) founded
- exclusively on fraud which prescribes in four (4) years
[46] Fudot, supra - or
- one based on constructive trust which is barred after
ten years,
[47] G.R. No. L-59514, February 25, 1988
there being no question that the appellees secured their title
[48] G.R. No. L-18018, December 26, 1963 more than twenty years before the filing of the complaint,
https://pipocalusa.wordpress.com/ and
it is from the date of the issuance of such title that the
effective assertion of adverse title for purposes of the statute
--------------------------------------------------------- of limitations is counted. (Gerona vs. De Guzman, 11 SCRA
153). 1964
ACTION FOR RECONVEYANCE
Heirs of Maximo Sanjorjo v. Heirs of Manuel Quijano, G.R. No. In other words, if the registration of the land is fraudulent, the
140457, January 19, 2005 person in whose name the land is registered holds it as a mere
trustee, and the real owner is entitled to file an action for
Reconveyance is based on Section 53 of P.D. 1529 which reconveyance of the property. (Mendizabel, et al. vs. Apao,
provides that in all cases of registration procured by et al., G.R. No. 143185, February 20, 2006).
fraud,,
In New Regent Sources, Inc. v. Tanjuatco[58], the Court
- the owner may pursue all his legal and equitable enumerated the four requisites that must concur for an action
remedies against the parties to such fraud for reconveyance to prosper, to wit:
- without prejudice however, to the rights
“To warrant a reconveyance of the land, the following
of any a
ny innocent holder for value of requisites must concur:
a certificate of title (1) the action must be brought in the name of a person
claiming ownership or dominical right
In civil law, the basis of an action for reconveyance is the trust - over the land registered in the name of the
created by virtue of Art. 1456 of the Civil Code which provides defendant;
that a person acquiring property through fraud becomes by (2) the registration of the land in the name of the defendant
operation of law a trustee of an implied trust for the benefit of was procured through fraud or other illegal means;
the real owner of the property. (3) the property has not yet passed to an innocent purchaser
- Article 1456. If property is acquired through mistake for value; and
or fraud, the person obtaining it is, by force of law, (4) the action is filed after the certificate of title had already
considered a trustee of an implied trust for the become final and incontrovertible
benefit of the person from whom the property - but within four years
9
• __
[60] Article 1410, Civil Code Prescriptibility of actions to enforce trust. — JURADO obicon
- an action for reconveyance - Prior 1964, the question as to whether or not an
- can prescribe or can be barred by statute action for reconveyance of real property based
of limitations, upon an implied trust resulting from fraud may be
- an action for reconveyance based on a void barred by the statute of limitations was unsettled.
contract - The majority of cases, however, supported the view
- is imprescriptible.
that the action cannot be barred.
[61] See Daclag v. Macahilig, G.R. No. 159578, February 18,
- Thus,
2009; Lacsamana v. Court of Appeals, G.R. No. 121658, March
27, 1998; Bernales, supra - where a brother,
- Thus, the action based on a fictitious, fraudulent or - as administrator of the estate of
forged deed may be brought by the aggrieved his parents,
party at any time. - took advantage of the absence of his sister
- and registered the properties adjudicated
REQUISITE REMINDER: (3) the property has not yet passed to his sister in his own name,
- in an action commenced by the sister
to an innocent purchaser for value;
twenty-nine years afterwards,
- it was held that the defense of prescription
“without prejudice, however, to the rights of any is clearly untenable.
innocent holder for value of a certificate of title.” - Public policy demands that a person guilty of fraud,
or, at least, of breach of trust, should not be allowed
to use a Torrens Title as a shield against the
cases of implied trust consequences of his wrongdoing.2 [Jacinto vs.
Jacinto, 115 Phil. 363. To the same effect: Juan vs.
(does not exclude others) Zuñiga, 114 Phil. 1163; Villaluz vs. Neme, 117 Phil. 25,
and cases cited therein.]
7. property is acquired through mistake or fraud
- TRUSTEE person obtaining it GENERAL RULE: IMPLIED TRUST MAY NOT BE BARRED BY STATUTE
- the person obtaining it is, by force OF LIMITATIONS
Finally, on May 29, 1964, the Supreme Court in Gerona vs. De
of law, considered a trustee of an
Guzman,3 in an excellently phrased decision penned by then
implied trust Justice Concepcion, unequivocally reaffirmed the rule,
- BENEFICIARY: person from whom the property overruling previous decisions, that
comes - GENERAL RULE: an action for reconveyance of real
- implied trust for the benefit of the property based upon an implied trust resulting from
fraud, may not be barred by the statute of
person from whom the property limitations,”
comes. - and further that “the action therefore may be filed x
x x from the discovery of the fraud,’’
Article 1456. If property is acquired through - the discovery in that case being deemed
to have taken place when
mistake or fraud, the person obtaining it is, by force
- said instrument was filed with the
of law, considered a trustee of an implied trust for Register of Deeds and new
the benefit of the person from whom the property certificates of title were issued in the
comes. name of respondents exclusively,
- for the registration of the deed of
PRESCRIPTION extra-judicial settlement constitute
It is Idle to bother as to whether the action here is one constructive notice to the whole
founded world (Diaz v. Gorricho, L-11229,
- exclusively on fraud which prescribes in four (4) years March 29, 1958; Avecilla v. Yatco,
- or L-11578, May 14, 1958; J.M. Tuason
- one based on constructive trust which is barred after & Co., Inc. v. Magdangal, L-15539,
ten years, January 30, 1962; Lopez v.
Gonzaga, L-18788, January 31,
there being no question that the appellees secured their title
1964).
more than twenty years before the filing of the complaint,
- This rule was subsequently reiterated in a long line of
and notable decisions.
it is from the date of the issuance of such title that the
effective assertion of adverse title for purposes of the statute EXCEPTION RULE: MAY BE BARRED BY LACHES
of limitations is counted. (Gerona vs. De Guzman, 11 SCRA Laches may bar action. — In Fabian vs. Fabian [22 SCRA 231]
153). 1964 the Supreme Court reiterated the rule laid down in Diaz vs.
Goricho [103 Phil. 264-265.] that laches may bar an action to
enforce a constructive trust.
In other words, if the registration of the land is fraudulent, the
10
• __
The American law on trusts In other words, the normal requisites for extraordinary
has always maintained a acquisitive prescription must be present.
distinction between
express trusts implied or constructive EXCEPTION RULE: TRUSTEE MAY ACQUIRE ABSOLUTE OWNERSHIP
trusts that are BY ACQUISITIVE PRESCRIPTION
Acquisition of property by trustee through prescription. —
created by the intention of exclusively created by law, - In this jurisdiction, it is now settled that in constructive
the parties trusts, the trustee may acquire absolute ownership
over the trust res by acquisitive prescription.
the latter not being trusts in - Thus, where two of the four co-owners of a certain
their technical sense parcel of land which they had inherited from their
parents, had been in adverse possession of the
(Gayondato vs. Insular (Gayondato vs. Insular property since 1928 in the concept of owners,
Treasurer, supra.) Treasurer, supra.) declaring the property for taxation purposes in their
names in 1929, and in 1945, they subdivided the
property into two equal parts, and two transfer
The express trusts But in constructive trusts, x x
certificates of title were issued separately in their
x
names,
- in an action for reconveyance commenced by the
disable the trustee the rule is that laches
preterited co-heirs in 1960, it was held that such
constitutes a bar to actions
action is not only barred by extinctive prescription
from acquiring for his own to enforce the trust,
and by laches,
benefit the property
- but a valid, full and complete title over the
property has already vested in the
committed to his
defendants by acquisitive prescription.6
management or custody,
- at least while he
does not openly
repudiate the
trust, and makes and repudiation is not
such repudiation required,
known to the
beneficiary or What is the period of prescription for bringing an action for
cestui que trust. reconveyance based on the implied or constructive trust
which is created in Article 1456 of the New Civil Code?
For this reason, the old unless there is a
Code of Civil Procedure concealment of the facts
1. If the action for reconveyance involves the annulment of
(Act 190) declared that the giving rise to the trust
the voidable contract which became the basis for the
rules on adverse possession
fraudulent registration of the subject property, then
does not apply to (54 Am. Jur., Secs. 580, 581;
- the period of prescription is four years from the
‘continuing and subsisting’ 65 C.J., Secs. 956, 957;
discovery of the fraud.
(i.e., unrepudiated) trusts. American Law Institute,
Restatement of Trusts,
This finds codal support in Art. 1391, par. 4, of the Civil
Section 219; on Restitution,
Code, [CHAPTER 7 Voidable Contracts]
Section 179; Stianson vs.
- which declares that the action for annulment of
Stianson, 6 ALR 287;
contracts which are voidable by reason of
Claridad vs. Beñares, 97 Phil.
mistake or fraud shall be brought within four years
973.)’’
from the time of the discovery of the mistake or
fraud.
In express trust, before It must be observed that
absolute title can be vested although acquisitive It also finds support in the cases of Gerona vs. De Guzman
in the trustee, the following prescription in favor of the (11 SCRA 153), Fabian vs. Fabian (22 SCRA 231), Carantes
requisites must concur: trustee is possible in both vs. Court of Appeals (76 SCRA 514), Alarcon vs. Bidin (120
express and implied trusts SCRA 390), and other cases
2. If the action involves the declaration of the nullity or
(1) The trustee must In implied trusts, however,
inexistence of a void or inexistent contract which became
expressly repudiate the right express repudiation of the
the basis for the fraudulent registration of the subject
of the beneficiary; trust by the trustee is not
property,
required.
- then the action is imprescriptible.
(2) such act of repudiation
11
• __
(b) A certificate authorizing registration (CAR) or certificate of
This finds codal support in Art. 1410 of the Civil Code, which exemption from the BIR in case of sale, exchange or other
declares that the action or defense for the declaration of disposition of real property.
the inexistence of a contract does not prescribe.
(c) A certification from the BIR that the documentary stamp
It also finds support in the case of Tongoy vs. Court of tax, where applicable, has been paid, as in mortgage or
Appeals (123 SCRA 99). lease.
3. If the action does not involve the annulment of a (d) A certification from the municipal treasurer that the
contract, but there was fraud in the registration of the property is not delinquent in the payment of real estate taxes
subject property, in case of alienation, transfer or encumbrance of real
- then the period of prescription is ten years from property. [Sec. 209, Local Government Code of 1991 (R.A.
the discovery of the fraud 7160).1
This finds codal support in No. (2) of Art. 1144 of the Civil (e) A certification from the municipal treasurer that the land
Code, [TITLE V PRESCRIPTION / CHAPTER 3 Prescription of transfer tax due on the transaction has been paid in the case
Actions] of sale, donation, barter or any other mode of transferring
- which declares that an action based upon ownership or title of real property. (Sec. 135, Local
- (1) Upon a written contract; Government Code of 1991, R.A. 7160)
- (2) Upon an obligation created by law;
- (3) Upon a judgment. (n) (f) board secretary's certificate or a copy of the board of
- must be brought within ten years from the time directors resolution authorizing the sale, donation or
the right of action accrues. exchange or property and designating the corporate official
authorized to sign the dccd, if the vendor, donor or grantor is
It also finds support in the cases of Bueno vs. Reyes (27 a corporation.
SCRA 1179), Varsity Hills, Inc. vs. Navarro (43 SCRA 503),
Escay vs. Court of Appeals (61 SCRA 369), Jaramil vs. Court (g) The board secretary's certificate or a copy of the board of
of Appeals (78 SCRA 420), Vda. de Nacalaban vs. Court of directors resolution authorizing the purchase, exchange or
Appeals (80 SCRA 428), Duque vs. Domingo (80 SCRA 654), acceptance of the donation of property and designating the
and cases. corporation official authorized to sign the deed, and the
articles of incorporation, if the vendee, done or grantec is a
4. If the legitimate owner of the subject property which was corporation.
fraudulently registered in the name of another had always
been in possession thereof so that, as a consequence, (h) A power of attorney specially authorizing the
- the constructive notice rule cannot be applied, attorney-in-fact to enter into any contract by which the
ownership of an Immovable is transmitted or acquired either
- in reality the action for reconveyance is an action gratuitously or for a valuable consideration (Art. 1878 (5), Civil
to quiet title; Code), or for the lease of any real property for more than one
- therefore, the action is imprescriptible. year, (Art. 1878 (8), Civil Code) if the transaction is through an
- This finds support in the case of Caragay Layno agent.
vs. Court of Appeals (133 SCRA 718).
(i) A court order approving the sale or donation by a
guardian of property belonging to a minor or an
incompetent. If the buyer is a minor Of incompetent court
---------------------------------------------------------
approval of the salc cntcrcd into by the guardian on behalf
NOTES of the minor or incompetent is required if the funds used in
acquiring the property belongs to the ward; otherwise, court
approval may be dispensed with. If the done is a minor or
Requirements for the registration of voluntary and involuntary incompetent court approval of the donation entered into by
transactions. [Agcaoili, 449] the guardian on behalf of the ward is dispense with if the
donation is pure and simple and does not impose upon the
In voluntary transactions. such as sale, mortgage. lease and done any charge Of burden; (Consulta No. 1581) A court
the like, registration is complete and operates to convey or order is also required where the sale or donation is executed
affect the land upon the: by an administrator of property under administration; Of the
property disposed of is a road lot; (Sec. 50, P.D. 1529) or the
(a) filing and registration in the day book of the notarized salc is executed by a corporation sole. (Sec. 113. B.P 68, or
deed or instrument; Corporation Code of the Philippines)
(b) surrender of the owner's duplicate certificate Of title; and (j) A DAR clearance and an affidavit of total landholdings by
the vendee in case of sale of agricultural lands.
(c) payment in full of the proper registration fees within 15
days from date of entry. (k) An order from the DAR Regional Director approving the
sale in the property sold is covered by an Emancipation
Patent.
Supporting Documents for Registration (i) A duly approved subdivision plan and its corresponding
technical description where the property to be titled by virtue
The supporting documents that must accompany the three of the transaction is a resulting lot of a subdivision (Register of
basic requirements are, depending on the nature of the Deeds, Manual of Registration)
transaction, the following:
(a) A certified copy of the tax declaration in tran s involving
transfer of ownership. Registration Procedure in General
12
• __
1. Entry of the document in the primary entry or day book, instrument which creates or transfers or claims such
accompanied by all supporting documents applicable to the interests and by a brief memorandum thereof made by the
transaction. Register of Deeds upon the certificate of title, and signed
2. Payment of the entry and registration fees.
by him. A similar memorandum shall also be made on the
owner's duplicate. The cancellation or extinguishment of
3. Surrender of the owner's duplicate certificate and all such interests shall be registered in the same manner.
co-owner's duplicates if any had been issued.
---------------------------------------------------------
4. Examination of the document, certificate of title and NOTES Dealings less than ownership, how registered.
supporting papers by a deeds examiner.
NOTES: above
5. Review by the register of deeds of the action taken by the ---------------------------------------------------------
deeds examiner.
Section 55
6. Registration of the document or denial of its registration by Grantee's name, nationality, etc., to be stated.
the register of deeds. Every deed or other voluntary instrument presented for
7. Entry of Document. Section 56 of P.D. 1529 registration shall contain or have endorsed upon it the full
name, nationality, residence and postal address of the
8. Payments of Fees. Upon entry of the document, the grantee or other person acquiring or claiming an interest
corresponding entry and registration fees should be paid. In
default payment, the entry made in the primary entry book under such instrument, and every deed shall also state
will ipso facto become null and void. However, the national, whether the grantee is married or unmarried, and if
as well as the provincial, city or municipal governments arc married, the name in full of the husband or wife. If the
not required to pay the registration fees in advance. (Sec. 56
1529)
grantee is a corporation or association, the instrument must
contain a recital to show that such corporation or
9. Surrender of the Owner's and Co-owner's Duplicate association is legally qualified to acquire private lands.
Certificates. No Voluntary instrument shall be registered by the
Any change in the residence or postal address of such
register of deeds, unless the owner's duplicate certificate is
presented with such instrument, except in cases expressly person shall be endorsed by the Register of Deeds on the
provided for in P.D. 1529 or upon order of the court, for case original copy of the corresponding certificate of title, upon
shown. (Sec. 53, P.D. 1529) If co-owner's duplicate certificates receiving a sworn statement of such change. All names and
had been issued, all outstanding certificates so issued shall be
surrendered whenever the register of deeds shall register any addresses shall also be entered on all certificates.
subsequent voluntary transaction affecting the whole land or
part thereof or any interest therein. (Sec. 41, P.D. 1529) Notices and processed issued in relation to registered land
10. Examination by Deeds Examiner. Registrability of an in pursuance of this Decree may be served upon any person
instrument is initially determined by the deeds examiner of the in interest by mailing the same to the addresses given, and
registry. If the document is found to comply with all shall be binding, whether such person resides within or
requirements the examiner recommends its registration to the
register of deeds. Otherwise, he recommends denial of
without the Philippines, but the court may, in its discretion,
registration. The deeds examiner, on his own, is generally not require further or other notice to be given in any case, if in
allowed to register or deny registration. its opinion the interest of justice so requires.
11. Review by the Register of Deeds. The authority to register
of deny registration being lodged with the register of deeds, Section 56
he is required to review the action taken by the deeds Primary Entry Book; fees; certified copies.
examiner. He may either adopt, alter, modify Of reverse such
action depending upon his own appraisal of the registrability
Each Register of Deeds shall keep a primary entry book in
of the instrument filed for registration. which, upon payment of the entry fee, he shall enter, in the
order of their reception, all instruments including copies of
12. Registration or Denial Thereof by Register of Deeds. If the
writs and processes filed with him relating to registered
register of deeds finds that the document presented complies
with all the requisites for registration, it is his duty to land. He shall, as a preliminary process in registration, note
immediately register the same. If the instrument is not in such book the date, hour and minute of reception of all
registrable, he shall forthwith deny rcg{stration thereof and instruments, in the order in which they were received. They
inform the presenter of such denial in writing, stating the
ground or reason theref0f, and advising him Of his right to shall be regarded as registered from the time so noted, and
appeal by consulta in accordance with Section 117 of P.D the memorandum of each instrument, when made on the
1529. (Sec. 10, RD. 1529) certificate of title to which it refers, shall bear the same
--------------------------------------------------------- date: Provided, that the national government as well as the
Section 54 provincial and city governments shall be exempt from the
Dealings less than ownership, how registered. payment of such fees in advance in order to be entitled to
No new certificate shall be entered or issued pursuant to entry and registration.
any instrument which does not divest the ownership or title Every deed or other instrument, whether voluntary or
from the owner or from the transferee of the registered involuntary, so filed with the Register of Deeds shall be
owners. All interests in registered land less than ownership numbered and indexed and endorsed with a reference to the
shall be registered by filing with the Register of Deeds the proper certificate of title. All records and papers relative to
13
• __
registered land in the office of the Register of Deeds shall An owner desiring to convey his registered land in fee
be open to the public in the same manner as court records, simple shall execute and register a deed of conveyance in a
subject to such reasonable regulations as the Register of form sufficient in law. The Register of Deeds shall
Deeds, under the direction of the Commissioner of Land thereafter make out in the registration book a new
Registration, may prescribe. certificate of title to the grantee and shall prepare and
All deeds and voluntary instruments shall be presented deliver to him an owner's duplicate certificate. The Register
with their respective copies and shall be attested and sealed of Deeds shall note upon the original and duplicate
by the Register of Deeds, endorsed with the file number, certificate the date of transfer, the volume and page of the
and copies may be delivered to the person presenting them. registration book in which the new certificate is registered
Certified copies of all instruments filed and registered may and a reference by number to the last preceding certificate.
also be obtained from the Register of Deeds upon payment The original and the owner's duplicate of the grantor's
of the prescribed fees. certificate shall be stamped "canceled". The deed of
--------------------------------------------------------- conveyance shall be filled and indorsed with the number
NOTES Grantee's name, nationality, etc., to be stated. and the place of registration of the certificate of title of the
land conveyed.
NOTES Primary Entry Book; fees; certified copies. ---------------------------------------------------------
NOTES Procedure in registration of conveyances.
Formal Requirements in the Deeds.
Procedure in Registration of Conveyances
1: contain or have endorsed upon it the full name,
nationality, residence and postal address of the grantee or An owner desiring to convey his registered land in fee
other person acquiring or claiming an interest under such simple shall execute and register a deed of conveyance
instrument, and every deed shall also state whether the in a form sufficient in law.
grantee is married or unmarried, and if married, the name
in full of the husband or wife. The Register of Deeds shall thereafter make out in the
registration book a new certificate of title to the grantee
2: Notices and processed issued in relation to registered and shall prepare and deliver to him an owner's duplicate
land in pursuance of this Decree may be served upon any certificate.
person in interest by mailing the same to the addresses
given, and shall be binding, whether such person resides The Register of Deeds shall note upon the original and
within or without the Philippines, but the court may, in its duplicate certificate the date of transfer, the volume and
discretion, require further or other notice to be given in any page of the registration book in which the new certificate
is registered and a reference by number to the last
case, if in its opinion the interest of justice so requires.
preceding certificate.
3: Each
Register of Deeds shall keep a primary entry book
in which, upon payment of the entry fee, he shall enter, in
Effects of Conveyance in Voluntary Dealings
the order of their reception, all instruments including
copies of writs and processes filed with him relating to Section 51 - An owner of registered land may convey,
registered land. mortgage, lease, charge or otherwise deal with the same in
accordance with existing laws. x x x
4: All
deeds and voluntary instruments shall be presented The act of registration shall be the operative act to convey or
with their respective copies and shall be attested and sealed affect the land insofar as third persons are concerned, and in
by the Register of Deeds, endorsed with the file number, all cases under this Decree, the registration shall be made in
and copies may be delivered to the person presenting them. the office of the Register of Deeds for the province or city
where the land lies.
5: Certified copies of all instruments filed and registered
Section 52 - Every conveyance, mortgage, lease, lien,
may also be obtained from the Register of Deeds upon attachment, order, judgment, instrument Of entry affecting
payment of the prescribed fees. registered land shall, if registered, filcd or cntercd in the office
of the Register of Deeds for the province or city where the
---------------------------------------------------------
land to which it relates lies, be constructive notice to all
(a) Conveyances and Transfers persons from the time of such registering, filing or entering.
(Section 51 and 52 of R.A 1529)
Section 57 It is a well-settled rule that, when the property sold on
execution is registered under the Torrens system, registration is
Procedure in registration of conveyances.
the operative act that gives validity to the transfer, or creates
a lien on the land, and a purchaser, on execution sale, is not
14
• __
required to go behind the registry to determine the conditions certificate to the grantee for the lot or lots thus conveyed,
of the property. Such purchaser acquires such right, title and and that the grantor's certificate is canceled as to such lot or
interest as app€"ar on the certificate of title issued on the lots.
property, subject to no liens, encumbrances or burdens that ---------------------------------------------------------
are not noted thereon. (Wm. II. Anderson &, co. vs. Garcia, 64
Phil., 506; Reynes vs. Barrera, G. R. No. 46724.)" (Rivera Ramirez
NOTES Procedure where conveyance involves portion of
vs. Provincial Sheriff of Pampanga, CA-No. 780. November 16, land.
1945)
NOTES: above
Registration in the public registry is notice to the whole world.
Every conveyance, mortgage, lease, lien, attachment, order, ---------------------------------------------------------
judgment, instrument or entry affecting registered land shall
be, if registered, filed or entered in the Office of the Register Encumbrances
of Deeds of the province or city where the land to which it
relates lies, be constructive notice to all persons from the time ---------------------------------------------------------
of such registering, filing or entering. (Guaranteed Homes, Inc. Section 59
vs. Heirs of Maria P. Valdez, GR. No. 171531. January 30, 2009.)
Carry over of encumbrances.
--------------------------------------------------------- If, at the time of any transfer, subsisting encumbrances or
Section 58 annotations appear in the registration book, they shall be
Procedure where conveyance involves portion of land. carried over and stated in the new certificate or certificates;
If a deed or conveyance is for a part only of the land except so far as they may be simultaneously released or
described in a certificate of title, the Register of Deeds discharged.
shall not enter any transfer certificate to the grantee until a ---------------------------------------------------------
plan of such land showing all the portions or lots into NOTES Carry over of encumbrances.
which it has been subdivided and the corresponding
NOTES: above
technical descriptions shall have been verified and
approved pursuant to Section 50 of this Decree.
---------------------------------------------------------
Meanwhile, such deed may only be annotated by way of
memorandum upon the grantor's certificate of title, original (b) Mortgages and Leases
and duplicate, said memorandum to serve as a notice to
third persons of the fact that certain unsegregated portion
of the land described therein has been conveyed, and every Mortgages
certificate with such memorandum shall be effectual for the
purpose of showing the grantee's title to the portion
conveyed to him, pending the actual issuance of the Leases
corresponding certificate in his name.
Upon the approval of the plan and technical descriptions, ---------------------------------------------------------
the original of the plan, together with a certified copy of Section 60
the technical descriptions shall be filed with the Register of Mortgage or lease of registered land.
Deeds for annotation in the corresponding certificate of Mortgage and leases shall be registered in the manner
title and thereupon said officer shall issue a new certificate provided in Section 54 of this Decree. The owner of
of title to the grantee for the portion conveyed, and at the registered land may mortgage or lease it by executing the
same time cancel the grantor's certificate partially with deed in a form sufficient in law. Such deed of mortgage or
respect only to said portion conveyed, or, if the grantor so lease and all instruments which assign, extend, discharge or
desires, his certificate may be canceled totally and a new otherwise deal with the mortgage or lease shall be
one issued to him describing therein the remaining portion: registered, and shall take effect upon the title only from
Provided, however, that pending approval of said plan, no time of registration.
further registration or annotation of any subsequent deed or No mortgagee's or lessee's duplicate certificate of title shall
other voluntary instrument involving the unsegregated hereafter be issued by the Registers of Deeds, and those
portion conveyed shall be effected by the Register of issued prior to the effectivity of this Decree are hereby
Deeds, except where such unsegregated portion was deemed canceled and the holders thereof shall immediately
purchased from the Government or any of its surrender the same to the Register of Deeds concerned.
instrumentalities. If the land has been subdivided into ---------------------------------------------------------
several lots, designated by numbers or letters, the Register NOTES Mortgage or lease of registered land.
of Deeds may, if desired by the grantor, instead of
NOTES: above
canceling the latter's certificate and issuing a new one to
the same for the remaining unconveyed lots, enter on said ---------------------------------------------------------
certificate and on its owner's duplicate a memorandum of
Section 61
such deed of conveyance and of the issuance of the transfer
Registration.
15
• __
Upon presentation for registration of the deed of mortgage purchaser at a foreclosure sale shall be registered
or lease together with the owner's duplicate, the Register of with the Register of Deeds; whereupon the title of
Deeds shall enter upon the original of the certificate of title the mortgagor shall be canceled, and a new
and also upon the owner's duplicate certificate a certificate issued in the name of the purchaser.
memorandum thereof, the date and time of filing and the b. If the mortgage was foreclosed extrajudicially, a
file number assigned to the deed, and shall sign the said certificate of sale executed by the officer who
memorandum. He shall also note on the deed the date and conducted the sale shall be filed with the Register
time of filing and a reference to the volume and page of the of Deeds who shall make a brief memorandum
registration book in which it is registered. thereof on the certificate of title.
--------------------------------------------------------- In the event of redemption by the mortgagor, the
NOTES Registration same rule provided for in the second paragraph of
this section shall apply.
of (b) Mortgages and Leases In case of non-redemption, the purchaser at
foreclosure sale shall file with the Register of
NOTES: above Deeds, either a final deed of sale executed by the
person authorized by virtue of the power of
--------------------------------------------------------- attorney embodied in the deed of mortgage, or his
Section 62 sworn statement attesting to the fact of
Discharge or cancellation. non-redemption; whereupon, the Register of Deeds
A mortgage or lease on registered land may be discharge or shall issue a new certificate in favor of the
canceled by means of an instrument executed by the purchaser after the owner's duplicate of the
mortgage or lessee in a form sufficient in law, which shall certificate has been previously delivered and
be filed with the Register of Deeds who shall make the canceled.
appropriate memorandum upon the certificate of title. ---------------------------------------------------------
--------------------------------------------------------- NOTES Foreclosure of Mortgage.
NOTES Discharge or cancellation
NOTES: above
of (b) Mortgages and Leases
---------------------------------------------------------
NOTES: above
(c) Powers of Attorney; Trusts
---------------------------------------------------------
16
• __
fraud, while in De Lara, the title was still in the name of Judicial appointment of new trustee.
the real owner when the land was mortgaged by the
If a new trustee of registered land is appointed by a court of
impostor. The mortgagee was defrauded not because
they relied upon what appeared in a Torrens certificate competent jurisdiction, a new certificate may be issued to
of title — there was nothing wrong with the certificate him upon presentation to the Register of Deeds of a
— but because they believed the words of the certified copy of the order or judicial appointment and the
impostor when he told them that he was the person surrender for cancellation of the duplicate certificate.
named as owner in the certificate. Simply stated, a
---------------------------------------------------------
person cannot be regarded as a
purchaser/mortgagee in good faith if he himself was NOTES Judicial appointment of new trustee.
negligent in the real estate transaction he entered into
and failed to exercise the degree of prudence NOTES: above
required from one who buys from a person who is not
the registered owner. ---------------------------------------------------------
Section 68
--------------------------------------------------------- Implied, trusts, how established.
Section 65 Whoever claims an interest in registered land by reason of
Trusts in registered land. any implied or constructive trust shall file for registration
If a deed or other instrument is filed in order to transfer with the Register of Deeds a sworn statement thereof
registered land in trust, or upon any equitable condition or containing a description of the land, the name of the
limitation expressed therein, or to create or declare a trust registered owner and a reference to the number of the
or other equitable interests in such land without transfer, certificate of title. Such claim shall not affect the title of a
the particulars of the trust, condition, limitation or other purchaser for value and in good faith before its registration.
equitable interest shall not be entered on the certificate; but ---------------------------------------------------------
only a memorandum thereof shall be entered by the words NOTES Implied, trusts, how established.
"in trust", or "upon condition", or other apt words, and by a
reference by number to the instrument authorizing or NOTES: above
creating the same. A similar memorandum shall be made
upon the original instrument creating or declaring the trust ---------------------------------------------------------
or other equitable interest with a reference by number to
the certificate of title to which it relates and to the volume
and page in the registration book in which it is registered.
---------------------------------------------------------
NOTES Trusts in registered land.
NOTES: above
---------------------------------------------------------
Section 66
Trust with power of sale, etc., how expressed.
If the instrument creating or declaring a trust or other
equitable interest contains an express power to sell,
mortgage or deal with the land in any manner, such power
shall be stated in the certificate of title by the words "with
power to sell", or "power to mortgage", or by apt words of
description in case of other powers. No instrument which
transfers, mortgages or in any way deals with registered
land in trust shall be registered, unless the enabling power
thereto is expressly conferred in the trust instrument, or
unless a final judgment or order of a court of competent
jurisdiction has construed the instrument in favor of the
power, in which case a certified copy of such judgment or
order may be registered.
---------------------------------------------------------
NOTES Trust with power of sale, etc., how expressed.
NOTES: above
---------------------------------------------------------
Section 67
17
(2) as thc holders of transfer certificates of titlc, that they be
innocent purchasers in good faith and for value. (Eagle Realty
Chapter VII Assurance Fund Corporation vs. Republic,12557SCRA 77, G.R. No. 151424, July 4,
2008)
---------------------------------------------------------
NOTES Can Breach of trust be a ground to
claim against the Assurance Fund
What is the purpose of the assurance fund?: Respondents' claim against the Assurance Fund also cannot
The Assurance Fund is intended to relieve innocent persons from prosper. Section 101 of PD. No. 1529 clearly provides that the
the harshness of the doctrine that a certificate is conclusive Assurance Fund shall not be liable for any loss, damage, or
evidence of an indefeasible title to land. (De Guzman, Jr. vs. deprivation or any right or interest in land which may have been
National Treasurer of the Republic of the Phils., 337SCRA 238, G.R. caused by a breach of trust, whether express, implied, or
No. 143281, August 3, 2000) constructive. (Guaranteed Homes, Inc. vs. Heirs of Maria 2
Valdez, 577 SCRA 441, G.R. No. 171531, January30, 2009) Leave
What are the requisites of the assurance fund?:
(1) A person who, without negligence on his part, sustains loss or If it was sold by fraud, but it has already passed into the hands of
damage, an innocent purchaser for value, can the sale be cancelled?
IF it cannot be cancelled anymore what remedy remains for the
(2) Is deprived of land in consequence of the bringing of the original landowner?
land under the operation of the Torrens system of arising after If the property, however, has already passed into the hands of
original registration of land, an innocent purchaser for value,
- the remedy is to file an action for damages from the
(3) through fraud or in consequence of any error, omission, person who allegedly registered the property through
mistake, or misdescription in any certificate of title Of in any entry fraud,
or memorandum in the registration book, and - or
- if he had become insolvent
(4) and is precluded from bringing an action for the recovery of - or
1or the estate titl tercst therein. - if the action is barred by prescription,
- to file an action for recovery against the
WHAT IS The condition sine qua non of a person who brings the Assurance Fund under Section 95 of PD. No.
action for damages against the Assurance Fund 1529 (the Property Registration Decree) within
It is a condition sine qua non that one who brings the action for a period of six years from the time the right to
damages against the Assurance Fund be the registered owner bring such action accrues. (Heirs of
and, as the holders of transfer certificates of title, that they be Baldomero Roxas y Ilermanos vs. Garcia, 436
innocent purchasers in good faith and for value.— SCRA 253, G,R. No. 146208, August 12, 2004)
- Pet1tioner's claim against the Assurance Fund must (Guaranteed Homes, Inc. vs. Heirs of Maria p:
necessarily fail. Its situation does not come within the Valdez, ibid)
ambit of the cases protected by the Assurance Fund. It
was not deprived of land in consequence of bringing it What is reconveyance?
under the operation of the Torrens system through fraud PLEASE SEE CHAPTER V.
or in consequence of any error, omission, mistake, or
misdescription in the certificate of title. It was simply a
victim of unscrupulous individuals. More importantly, it is 2005 Bar Question:
a condition sine qua non that the person who brings Inscription, good faith, Forgery; Innocent Purchaser; Holder in
the action for damages against the Assurance Fund be Bad Faith, foreshore land only lease
the registered owner and, as the holders of transfer
certificates of that they be innocent purchasers in Rod, the owner of an FX taxi, found in his vehicle an envelope
good faith and for value. And we already established containing TCT No. 65432 over a lot registered in Cesaris name.
that petitioner does not qualify as such. (Eagle Realty Posing as Cesar, Rod forged Cesar's signature on a Deed of Sale
Corporation vs. Fff$blic, 5.57 SCREE, GR. No. 154. July 4, in Rod's favor. Rod registered the said document with the
2008) Register of Deeds, and obtained a new title in his name. After a
year, he sold the lot to Don, a buyer in good faith and for value,
Can the certificate still be conclusive even if it is obtained by who also registered the lot in his name.
fraud? What is the remedy of the person prejudiced
The right of the innocent purchaser for value must be respected
A. BAR Q AND A WHERE DON MAY NOT RETAIN.
and protected, even if the seller obtained his title through fraud.
- The remedy of the person prejudiced is to bring an
A) Did Rod acquire title to the land? Explain.
action for damages against those who caused or
employed the fraud, A) No, Rod did not acquire title to the land. The inscription in
- and if the latter are Insolvent, an action against the the registry, to be effective, must be made in good faith. 'The
Treasurer of the Philippines may be filed for recovery of defense of indefeasibility of a Torrens Title does not extend to
damages against the Assurance Fund. (Tenio-Obsequio a transferee who takes the certificate of title with notice of a
vs. Court of Appeal 230 SCRA 550, G.R. No. 107967, flaw. A holder in bad faith of a certificate of title is not entitled
March 1, 1994) to the protection of the law, for the law cannot be used as a
shield for frauds. (Samonte v. Court of Appeals, G.R. No.
Two sine qua non conditions which bring the actions (against the 104223, July 12, 2001)
assurance fund):
(I) the action for damages against the Assurance Fund be the In the case at bar, Rod only forged Cesar's signature on the
registered owner, and Deed of Sale. It is very apparent that there was bad faith on
• __
the part of Rod from the very beginning. As such, he is not land located in Bacolod City.
entitled to the protection of the Registration Act.
A year later, Louie returned to the Philippines and discovered
B) Discuss the rights of Don, if any, over the property. that Dewey registered the land and obtained an Original
Certificate of Title over the property in his (Dewey's) name.
It is a well-known rule in this jurisdiction that persons
dealing with registered land have the legal right to rely on the Compounding the matter, Dewey sold the land to Huey, an
face of the Torrens Certificate of Title and to dispense with the innocent purchaser for value.
need to inquire further, except when the party concerned
has actual knowledge of facts and circumstances that would Louie promptly filed an action for reconveyance of the parcel
impel a reasonably cautious man to make such inquiry of land against Huey.
(Naawan Community Rural Bank v. Court of Appeals, G.R. No.
128573, January 13, 2003). A) Is the action pursued by Louie the proper remedy?
In the given problem, the property was already registered in A) An action for reconveyance against Huey is not the proper
the name of Rod when he bought the same from the latter. remedy, because Huey is an Innocent purchaser for value.
Thus, Don could be considered as a buyer in good faith and
for value. The proper recourse is for Louie to go after Dewey for
- However, since Rod did not actually sell any damages by reason of the fraudulent registration and
property to him, subsequent sale of the land.
- Don has no right to retain ownership over the
property. He has only the right to recover the If Dewey is Insolvent, Louie may file a claim against the
purchase price plus damages. Assurance Fund (Heirs of Pedro Lopez v. De Castro 324 SCRA
591 120001 citing sps. Eduarte v. CA, 323 Phil. 462, 467 II 996]).
B. BAR Q AND A: SUGGESTED ANSWER LUIS MAY RETAIN
B) Assuming that reconveyance is the proper remedy, will the
2009 BAR Q action prosper if the case was filed beyond one year, but
within ten years, from the entry of the decree of registration?
Before migrating to Canada in 1992, the spouses 'Iéodoro and
Anita entrusted all their legal papers and documents to their
B) Yes, the remedy will prosper because the action prescribes
nephew, Atty. Tan. Taking advantage of the situation, Atty.
in ten (10) years, not within one year when a petition for the
Tan forged a deed of sale, making it appear that he had
reopening of the registration decree may be filed.
bought the couple's property in Quezon City. In 2000, he
succeeded in obtaining a TCI' over the property in his name.
The action for reconveyance is distinct from the petition to
Subsequently, Atty. Tan sold the same property to Luis, who
reopen the decree of registration (Grey Alba v. DC la Cruz, 17
built an auto repair shop on the property. In 2004, Luis
Phil. 49 119101). There is no need to reopen the registration
registered the deed of conveyance, and title over the
proceedings, but the property should be reconveyed to the
property was transferred in his name. In 2006, the spouses
real owner.
Teodoro and Anita came to the Philippines for a visit and
discovered what had happened to their property. They
immediately hire you as lawyer. What action or acti will you
institute in order to vindicate their f' hts? Explain fully. 2019 Bar Question: Innocent purchaser, assurance fund In
2015, O, the original registered owner of a 300-square meter
I will institute the following actions against Atty. Tan: property covered by Original Certificate of Titie (OCT) No.
a) A civil action for damage for the fraudulent transfer of the 0-1234, appointed F as its caretaker. A year after, while O was
title in his name and to recover the value of the property; abroad, F surreptitiously broke open O's safe and stole the
duplicate copy of the said OCT. F then forged a Decd of
b) An action against the National Treasurer for compensation Absolute Sale and made it appear that O sold the property to
from the State Assurance Fund which is set aside by law to him. Consequently, F was able to have OCI' No. 0-1234
pay those who lose their land suffer damages as a cancelled and in lieu thereof, a new title, Transfer Certificate
consequence of the operation of the Torrens system; of Ti No. T-4321, was issued in his name.
c) A criminal action for forgery or falsification of public A few months after, F offered the property for sale to X. After
document; conducting the required due diligence to verify the title of F,
and finding no occupant in the property during ocular
d) A complaint with the Supreme Court/ Integrated Bar of the inspection, X signed the contract of sale, and thereupon, fully
Philippines to disbar or suspend him or other disciplinary paid the purchase price. A few days later, X was able to
action for violation or the Code Professional Ethics. obtain No. T-5678 under his name. When O discovered F's
fraudulent acts upon his return in 2017, O immediately filed a
Any action against Luis will not prosper because he is an complaint for reconveyance against F and X, principally
innocent purchaser for value. The Title to the land he bought pointing out that F merely forged his signature in the Deed of
was already in the name of the person who sold the property Absolute Sale purportedly made in Fs favor and thus, F could
to him, and there is nothing on the title which will make him not have validly transferred the title thereof to X.
suspect about the fraud committed by Atty Tan. Consequently, he sought the return of the subject property to
him.
A) Will the prayer of O for the return of the subject property
2003 BAR QUESTION prosper? Explain.
Louie, before leaving the country to train as a chef in a
five-star hotel in New York, U.S.A., A) No, the prayer of O for the return of the subject property
will not prosper. (Law) Sec. 39 of Act 496 or The Land
entrusted to his first-degree cousin Dewey an application for Registration Act dictates that every applicant receiving a
registration, under the Land Registration Act, of a parcel of certificate of title in pursuance of a decree of registration,
1
• __
and every subsequent purchaser of registered land who takes All money received by the Register of Deeds under the
a certificate of title for value in good faith, shall hold the same preceding section shall be paid to the National Treasurer.
free of all encumbrance except those noted on said He shall keep this money in an Assurance Fund which may
certificate.
be invested in the manner and form authorized by law, and
(Jurisprudence) As per jurisprudence, where innocent third shall report annually to the Commissioner of the Budget
persons, relying on the correctness of the certificate of title the condition and income thereof.
thus issued, acquire rights over the property the court cannot
The income of the Assurance Fund shall be added to the
disregard such rights and order the total cancellation of the
certificate. X, in this case, having conducted the required due principal until said fund amounts to five hundred thousand
diligence and being a buyer in good faith, may not be pesos, in which event the excess income from investments
deprived of the property in satisfaction of O's prayer for the re as well as from the collections of such fund shall be paid
of the subject property.
into the National Treasury to the account of the Assurance
B) Assuming that O could no longer recover the subject Fund.
property in view of X's registration thereof in his name, may a ---------------------------------------------------------
claim against the Assurance Fund pursuant to the provisions
of the Property Registration Decree be instituted?
NOTES Custody and investment of fund.
B) Yes, a claim against the Assurance Fund pursuant to the NOTES: above
provisions of the Property Registration Decree may be
Instituted. Section 95 of the PRID provides a remedy where a ---------------------------------------------------------
person who person who sustains loss or damage or is deprived
of any estate or interest tn land in consequence of the
Section 95 as last updated by BP 594 (1983)
operations of the Torrens system of registration, without Action for compensation from funds. —
negligence on his part, may bring an action for the recovery A person who, without negligence on his part, sustains loss
of damages to be paid out of the Assurance fund.
or damage, or is deprived of land or any estate or interest
As public policy demands, 'those unjustly deprived of their therein in consequence of the bringing of the land under the
rights over real property by reason of the operation of our operation of the Torrens system or arising after original
registration laws, such as O may be afforded such remedies. registration of land, through fraud or in consequence of any
error, omission, mistake or misdescription in any certificate
of title, 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 estate or
interest therein, may bring an action in any court of
competent jurisdiction for the recovery of damage to be
paid out of the Assurance Fund.
--------------------------------------------------------- ---------------------------------------------------------
Section 93 as last updated by BP 594 (1983) NOTES Action for compensation from funds.
Contribution to Assurance Fund. —
Upon the entry of a certificate of title in the name of the NOTES: above
registered owner, and also upon the original registration on
---------------------------------------------------------
the certificate of title of a building or other improvements
on the land covered by said certificate, there shall be paid Section 96
to the Register of Deeds one-fourth of one percent of the Against whom action filed.
assessed value of the real estate on the basis of the last If such action is brought to recover for loss or damage or
assessment for taxation purposes, as contribution to the for deprivation of land or of any estate or interest therein
Assurance Fund. Where the land involved has not yet been arising wholly through fraud, negligence, omission,
assessed for taxation, its value for purposes of this Decree mistake or misfeasance of the court personnel, Register of
shall be determined by the sworn declaration of two Deeds, his deputy, or other employees of the Registry in
disinterested persons to the effect that the value fixed by the performance of their respective duties, the action shall
them is to their knowledge, a fair valuation. be brought against the Register of Deeds of the province or
Nothing in this Section shall in any way preclude the court city where the land is situated and the National Treasurer
from increasing the valuation of the property should it as defendants. But if such action is brought to recover for
appear during the hearing that the value stated is too small. loss or damage or for deprivation of land or of any interest
--------------------------------------------------------- therein arising through fraud, negligence, omission,
NOTES: Contribution to Assurance Fund
mistake or misfeasance of person other than court
personnel, the Register of Deeds, his deputy or other
NOTES: above employees of the Registry, such action shall be brought
against the Register of Deeds, the National Treasurer and
--------------------------------------------------------- other person or persons, as co-defendants. It shall be the
Section 94 duty of the Solicitor General in person or by representative
Custody and investment of fund. to appear and to defend all such suits with the aid of the
2
• __
fiscal of the province or city where the land lies: Provided, recovered shall be paid to the account of the Assurance
however, that nothing in this Decree shall be construed to Fund.
deprive the plaintiff of any right of action which he may ---------------------------------------------------------
have against any person for such loss or damage or NOTES Subrogation of government to plaintiff's rights
deprivation without joining the National Treasurer as party
defendant. In every action filed against the Assurance NOTES: above
Fund, the court shall consider the report of the
---------------------------------------------------------
Commissioner of Land Registration.
--------------------------------------------------------- Section 100
NOTES Against whom action filed.
Register of Deeds as party in interest.
When it appears that the Assurance Fund may be liable for
NOTES: above damages that may be incurred due to the unlawful or
erroneous issuance of a certificate of title, the Register of
--------------------------------------------------------- Deeds concerned shall be deemed a proper party in interest
Section 97 who shall, upon authority of the Commissioner of Land
Judgment, how satisfied. Registration, file the necessary action in court to annul or
If there are defendants other than the National Treasurer amend the title.
and the Register of Deeds and judgment is entered for the The court may order the Register of Deeds to amend or
plaintiff and against the National Treasury, the Register of cancel a certificate of title or to do any other act as may be
Deeds and any of the other defendants, execution shall first just and equitable.
issue against such defendants other than the National and ---------------------------------------------------------
the Register of Deeds. If the execution is returned NOTES Register of Deeds as party in interest.
unsatisfied in whole or in part, and the officer returning the
same certificates that the amount due cannot be collected NOTES: above
from the land or personal property of such other
defendants, only then shall the court, upon proper showing, Petitioner attacks the personality of the Republic of
order the amount of the execution and costs, or so much the Philippines, represented by the Commissioner of
Land Registration, to file the Complaint. It contends
thereof as remains unpaid, to be paid by the National that the CA's reliance on Section 100 of P.D. 1529 to
treasurer out of the Assurance Fund. In an action under this justify the plaintiff's personality to file the complaint
Decree, the plaintiff cannot recover as compensation more for cancellation of erroneously or unlawfully issued
than the fair market value of the land at the time he titles is misplaced as this provision only gives the
Register of Deeds the authority to file such action. It
suffered the loss, damage, or deprivation thereof.
is Section 32 of the same law that should apply and
--------------------------------------------------------- this provision clearly requires that the plaintiff must
NOTES Judgment, how satisfied. have a dominical right over the property. Petitioner
argues that since the subject parcel of land is private
NOTES: above property over which the government has no interest,
the Republic of the Philippines has no right to file the
--------------------------------------------------------- suit for cancellation of titles.
Section 98
Is the petitioner correct?
General Fund when liable.
If at any time the Assurance Fund is not sufficient to satisfy (Eagle Realty Corporation vs. Republic, 557 SCRA 77, G.R. No.
such judgment, the National Treasurer shall make up for 151424Ju1y 4, 2008)
the deficiency from any funds available in the treasury not
AVAILABLE REMEDY FOR POSSIBLE LIABILITY AGAINST
otherwise appropriated. ASSURANCE FUND:
---------------------------------------------------------
NOTES General Fund when liable Indisputably, the government is charged with the duty to
preserve the integrity of the Torrens System and protect the
Assurance Fund. The plaintiff instituted the complaint precisely
NOTES: above
to perform this duty. The Complaint seeks the cancellation of
erroneously issued titles to protect the Assurance Fund from
--------------------------------------------------------- being made liable by the private respondents for damages in
Section 99 case they fail to recover the property. The public officer
specifically tasked to perform this duty is the Register of Deeds
Subrogation of government to plaintiff's rights. who, under Section 100 of P.D. No. 1529, is authorized to file an
In every case where payment has been made by the action to annul a certificate of title erroneously or unlawfully
National Treasurer in accordance with the provisions of issued, thus:
this Decree, the Government of the Republic of the
SEC. 100. Register of Deeds as party in interest. - When it
Philippines shall be subrogated to the rights of the plaintiff
against any other parties or securities. The National appears that the Assurance Fund may be liable for
Treasurer shall enforce said rights and the amount damages that may be incurred due to the unlawful or
3
• __
PRESCRIPTIVE PERIOD
erroneous issuance of a certificate of title, the Register PD 1529 Section 102 Limitation of Action. Any action for
of Deeds concerned shall be deemed a proper party in compensation against the Assurance Fund by reason of any loss,
interest who shall, upon authority of the Commissioner damage or deprivation of land or any interest therein
of Land Registration, file the necessary action in court to - shall be instituted within a period of six years
annul or amend the title. - from the time
- the right to bring such action
COURT ACTION:
The court may order the Register of Deeds to amend or - first occurred:
- Provided, That the right of action herein provided shall
cancel a certificate of title or to do any other act as may survive to the legal representative of the person
be just and equitable. sustaining loss or damage,
- EXCEPTION: unless barred in his lifetime;
--------------------------------------------------------- - AND
Section 101 - Provided, further, That if at the time such right of
Losses not recoverable. action first accrued the person entitled to bring
The Assurance Fund shall not be liable for any loss, such action was a minor or insane or imprisoned,
or otherwise under legal disability, such person or
damage or deprivation caused or occasioned by a breach of
trust, whether express, implied or constructive or by any anyone claiming from, by or under him may bring
mistake in the resurveyed or subdivision of registered land the proper action at any time within two years after
such disability has been removed, notwithstanding
resulting in the expansion of area in the certificate of title.
---------------------------------------------------------
the expiration of the original period of six years
first above provided.
NOTES Losses not recoverable.
NOTES: above
---------------------------------------------------------
---------------------------------------------------------
Section 102
Limitation of Action.
Any action for compensation against the Assurance Fund
by reason of any loss, damage or deprivation of land or any
interest therein shall be instituted within a period of six
years from the time the right to bring such action first
occurred: Provided, That the right of action herein provided
shall survive to the legal representative of the person
sustaining loss or damage, unless barred in his lifetime; and
Provided, further, That if at the time such right of action
first accrued the person entitled to bring such action was a
minor or insane or imprisoned, or otherwise under legal
disability, such person or anyone claiming from, by or
under him may bring the proper action at any time within
two years after such disability has been removed,
notwithstanding the expiration of the original period of six
years first above provided.
---------------------------------------------------------
NOTES Limitation of Action.
PRESCRIPTION: Any action for compensation against the
Assurance Fund
If the property, however, has already passed into the hands of
an innocent purchaser for value, the remedy is to file an action
for damages from the person who allegedly registered the
property through fraud, or if he had become insolvent or if the
action is barred by prescription, to file an action for recovery
against the Assurance Fund under Section 95 of RD. No. 152941
(the Property Registration Decree) within a period of six years
from the time the right to bring such action accrues. (Heirs of
Baldomero Roxas y Ilermanos vs. Garcia, 436 SCRA 253, G,R. No.
146208, August 12, 2004) (Guaranteed Homes, Inc. vs. Heirs of
Maria p: Valdez, ibid)
4
assignccs. As the deed of donation is formally and intrinsically
valid and that no third persons With a better right or title to the
Chapter XIII Dealings with Unregistered property subject of the deed of donation would be prejudiced,
Lands the deed of donation has attained legal efficacy to the extent
of MacarioS share. (Consignado vs. Court of Appeals, 207 SCRA
--------------------------------------------------------- 297, G.R. No. 87148 March 18, 1992)
NOTES
Recording shall be without prejudice to a third party with better
right
Two systems of registration of real property or rights therein,
Under Act No. 3344, registration of instruments affecting
namely,
unregistcrcd lands is "without prejudice to a third party with a
- Torrens Sytem,
better right". The aforequoted phrase has been held by this
- and
Court to mean that the mere registration Of a sale in one's favor
- the system of recording of unregistered real estate
does not give hirn any right over the land if the vendor was not
anymore the owner of the land having previously sold the same
UNTITLED LANDS
to somebody else even if the earlier sale was unrecorded.
Untitled lands used by the DENR and DAR to mean lands that
have been considered as private lands already by operation of
The case Of Carumba vs. Court of Appeals is a case point. It
law
WAS held therein that Article 1544 of the Civil Code has no
- but said private ownership is not registered with the
application to Land not registered undcr Act No. 496. I ikr m thc
Register of Deeds.
casc at bar, Carttmba dealt with a double sale of the same
- Although UPALs are unregistered land, the DAR pays
unregistered land. The first sale was madc by the original owners
the owner claimant compensation when such land is
and was unrecorded while the second was an execution sale
covered and distributed.
that resulted from a complaint for a sum of money filed against
the said origånal owners. Applying Section 35, Rule 39 of the
What is the principal purpose of registration of unregistered land
Revised Rules Of Court, this Court held that Article 1544 of the
The principal purpose of registration is merely to notify other
Code cannot be invoked to benefit the purchasex at the
persons not parties to a contract that a transaction involving the
execution sale though the latter Was •a buyer in good faith and
property has been entered into.
even if this second sale was registered. It was explained that this
is because the purchaser of unreg;stered land at a sheriff's
The conveyance of unregistered land shall not be valid against
execution sale only steps inro the shoes of rhe judgment debtor,
any person unless registcred, except:
and merely acquires the lacer's interest in the property sold as of
(1) the grantor,
the rime the property was levied upon. (Radiowealth Finance
(2) his heirs and devisees, and
Company vs. PWiIeo. 197 SCRA 245, GR. No. 83432 May 20, 1991)
(3) third persons having actual notice or knowledge thereof
(Guitierrez vs. Mendoza-Plaza, 607 SCRA 807, GR. No. 185477
December 4 2009)
The register of deeds in recording instruments of ministerial
The provisions of governing the transmission of property by the
Will the non-registration affects its validity?
act of the sheriff who has sold land under execution are
The non-registration of the aforesaid deed does not also affect
specÆc; and the instruments executed by him pursuant to such
the validity thereof. Registration is not a requirement for validity
provisions must be taken to have full legal effect, anything
of the contract as between the parties. (Guitierrez vs.
contained in Act NO. 2837 to the contrary notwithstanding
Mendoza-Plaza, ibid)
Accordingly, Garcia Sanchez vs (40 Phil.. 231), above cited, this
court not hesitate to the register Of deeds to sheriff's deed,
Will Registration under P.D.1529 prevail over registration No. 3344
although the which subic•ct Of the conveyance had not been
Thus, from April 17, 1984, the subject property was already under
previously registered under any system of registration. In the
the operation of the Torrens System. Under the said system,
matter Of Consulta NO. 441 de 10s Abogados de Smith, Bell &
registration is the operative act that gives validity to the transfer
co. vs. Register of Deeds Of Leyte (48 656), this court again
ar creates a lien upon the land. Private respondents posit that,
granted a or mandamus to compel the registration Of a sheriffs
even assuming that the sheriff's deed of final conveyance in
deed, the court holding that, as regards such instrument, the
favor of petitioner bank was duly recorded the day hook of the
register Of deeds exercises functions Of a ministerial nature.
Register of Deeds under Act.1344, ownership of the subject real
(Williams vs. Sufic•r, 49 Phil. 534 No. 25795 November 6, 1926)
property would stiff be theirs as purchasers in good faith
because they registered the sale first under the Property
The register deeds does not exercise a or power in the
Registration Decree. The rights created by the above-stated
registration Of sheriffs deeds or certificates of sale. His duty with
statute of course do not and cannot accrue under an bad faith
respect to the notation or recording of these instruments, So far
Mere registration of title case of double sale is not enough; good
at 'east as relates to unregistered property, is ministerial only; and
faith must concur with the registration. (Naawan Community
the registration of, such instruments adds to theil intrinsic; effect,
Rural Bank, Inc. vs. Court of Appeals, 395 SCRA 43, G.R. No.
Registration in such cases is required merely as a means of
128373January 13, 2003)
notification of the purchasers' rights to the public, in accordance
with the American system of registration. (Chua Pua Herrnanos
Register of Deeds of Batangas. 50 Phil. 670, No. 27449 September
Registration with the Registry of Property of the deed is not a
10, 1927)
requisite for validity of the document between parties and their
assignees
The deed of donation of August 27, 1980 (Exhibit 3) was not ---------------------------------------------------------
registered under Section 113, PD. 1529, known •as the Properly Section 113
Registration Decree (effective June l, 1978); but, registration with Recording of instruments relating to unregistered lands.
the Registry of property of the deed of donation is not a requisite
for validity of the document between the parries and their
• __
1
Section 114
Recording of chattel mortgages. -
Chapter XIV Registration of Chattel
A chattel mortgage shall be recorded in the office of the
Mortgages Register of Deeds of the province or city where the
--------------------------------------------------------- mortgagor resides as well as where the property is situated
NOTES or ordinarily kept.
---------------------------------------------------------
Duty of the Register of Deeds NOTES Recording of chattel mortgages.
x x x. we declare it to be the duty of the register or deeds to
accept the estimate placed upon the document by the
WHERE:
practitioner and to register it, upon payment of the proper fee.
A chattel mortgage shall be recorded in the office of the
(Standard Oil Co. of New York vs. Jaramillo, 44 Phil. 630, No.
Register of Deeds of the province or city where the mortgagor
20329 March m, 1923)
resides as where the property is situated or ordinarily kept.
(Section 114 of en 1529)
Can the Register of Deeds has no
authority to pass upon the capacity of
the parties to a chattel mortgage
iS Registration of the mortgage is
which is presented to him for record
sufficient to give constructive notice
Based principally upon the provisions of section quoted the
to third parties
Attorney- General Of the Islands, in an opinion dated August l,
If a chattel mortgage off shares of stock of a Corporation may
1909, held that a register Of deeds has no authority to pass upon
validly be made without the delivery of possession of the
the capacity of the parties to a chattel mortgage which is
property to the mortgagee and the mere registration or the
presented to him for record. A fortiori a register of deeds can
mortgage is sufficient to give constructive notice to third parties,
have no authority to pass upon the character of the property
we are confronted with the question as to the proper place of
sought to be encumbered by chattel mortgage. Of course, if
registration of such a mortgage. Section 4 provides that in such
the Mortgaged property is instead Of personal the chattel
a ease the mortgage shall be registered in the province in which
mortgage would no doubt be held ineffective as against third
the mortgagor resides at the time of making the same or, if he is
parties, but this is a question to be determined by the courts of
a non-resident, in the province in which the property is situated;
justice considered as movable or personal property, and they
and it also provides that if the property is situated in a different
can be constituted as security to secure a principal obligation,
province from that in which the mortgagor resides the mortgage
such as the dues and fees. G.R. NO. 158805 April 16, 2009stice
shall be recorded both in the province of the mortgagors
and not by the Of (Standard oil co. New York vs.Jaramillo, 44
residence and in the province where the property is situated.
Phil. 630, No. 20329 16, 1923)
(Chua Guan vs. Samahang Magsasaka, Inc., 62 Phil. 472, No.
42091 November 2, 1935)
There are at least two contractual modes under the Civil Code
by which personal property can be used secure a principal ---------------------------------------------------------
obligation Section 115
- the first is through a contract of pledge, Manner of recording chattel mortgages. -
- while the second is through a chattel mortgage Every Register of Deeds shall keep a Primary Entry Book
Under Article 2124 Of the Civil Code, movables may be the
and a Registration Book for chattel mortgages; shall certify
object of a chattel mortgage. on each mortgage filed for record, as well as on its
duplicate, the date, hour, and minute when the same was by
Governing Law him received; and shall record in such books any chattel
Chattel mortgage is governed by Act No. 1508, otherwise known
mortgage, assignment or discharge thereof, and any other
The Chattel Mortgage Law, and the Civil Code. (Valley Golf and
Country Club, Inc. vs. de 585 SCRA 218, G.R. No. 158805 April 16 instrument relating to a recorded mortgage, and all such
instruments shall be presented to him in duplicate, the
It is settled that once a mortgage is registered with the Register original to be filed and the duplicate to be returned to the
of Deeds and in the Land Transportation it is binding anybody person concerned.
A chattel mortgage of a car in order to affect third persons
The recording of a mortgage shall be effected by making
should not only be registered in the Chattel Mortgage Registry
but should also be recorded in the Motor Vehicles Office as an entry, which shall be given a correlative number, setting
required by Section 5(c) of the Revised Motor vehicle Law. forth the names of the mortgagee and the mortgagor, the
(Montano vs. Lim Ang, 7 SCRA 250, NO. L—13057 February 27, sum or obligation guaranteed, date of the instrument, name
1963) of the notary before whom it was sworn to or
It is settled that once a mortgage is registered with the Register
acknowledged, and a note that the property mortgaged, as
of Deeds and in the Land Transportation Commission, it is binding well as the terms and conditions of the mortgage, is
against anybody, including defendant Armando Jr- As correctly mentioned in detail in the instrument filed, giving the
pointed out, in purchasing the motor vehicle in question, proper file number thereof. The recording of other
defendant Armando Custodio, Jr. knew or, at least, was
instruments relating to a recorded mortgage shall be
presumed to know, by the mere fact that the mortgage was
registered in the Office of the Register of Deeds, as in this Case, effected by way of annotation on the space provided
the said chattel mortgage was subject to a mortgage Ben" therefor in the Registration Book, after the same shall have
Specialists, Incorporated vs. Court of Appeals, 251 SCRA 70, G.R. been entered in the primary Entry Book.
No. 1/13.301 December 8, 1995)
---------------------------------------------------------
• __
The Register of Deeds shall also certify the officer's return exceed one hundred thousand pesos, one
of sale upon any mortgage, making reference upon the hundred fifty pesos for the initial amount
record of such officer's return to the volume and page of not exceeding thirty-five thousand pesos,
the record of the mortgage, and a reference of such return and fourteen pesos for each additional five
on the record of the mortgage itself, and give a certified thousand pesos of fractional part thereof.
copy thereof, when requested, upon payment of the legal d. Five hundred thousand pesos maximum.
fees for such copy thereof, when requested, upon payment When the amount of the mortgage is more
of the legal fees for such copy and certify upon each than one hundred thousand pesos but does
mortgage officer's return of sale or discharge of mortgage, not exceed five hundred thousand pesos,
and upon any other instrument relating to such a recorded three hundred fifty-two pesos for the
mortgage, both on the original and in the duplicate, the initial amount not exceeding one hundred
date, hour, and minute when the same is received for ten thousand pesos and twenty pesos for
record and record such certificate index of mortgagors and each additional ten thousand pesos or
mortgagees, which record and index shall be open to public fractional part thereof.
inspection. e. More than five hundred thousand pesos.
Duly certified copies of such records and of filed When the amount of the mortgage is more
instruments shall be receivable as evidence in any court. than five hundred thousand pesos, one
--------------------------------------------------------- thousand one hundred sixty-two pesos for
NOTES Manner of recording chattel mortgages. - the initial amount not exceeding five
hundred twenty thousand pesos, and thirty
NOTES: above pesos for each additional twenty thousand
pesos or fractional part thereof: Provided,
---------------------------------------------------------
however, that registration of the mortgage
Section 116 in the province where the property is
Fees for chattel mortgages, etc. - situated shall be sufficient registration and
The register of Deeds shall collect the following fees for provided, further, that if the mortgage is
services rendered by him under this section: to be registered in more than one city or
1. Entry fee. - province, the Register of Deeds of the city
For entry or presentation of any document in the or province where the instrument is first
Primary Entry Book, five pesos. Supporting papers presented for registration shall collect the
presented together with the principal document full amount of the fees due in accordance
need not be charged any entry or presentation fee with the schedule prescribed above, and
unless the party in interest desires that they be the Register of Deeds of the other city of
likewise entered. province where the same instrument is
2. Chattel Mortgage. - also to be registered shall collect only a
For filing and recording each chattel mortgage, sum equivalent to twenty per centum of
including the necessary certificates and affidavits, the amount of fees due and paid in the
the fees established in the following schedule shall first city of province, but in no case shall
be collected: the fees payable in any Registry be less
a. Six thousand pesos maximum. When the than the minimum fixed in this schedule.
amount of the mortgage does not exceed 3. Conveyance of mortgaged property, etc.
six thousand pesos, seven pesos for the For recording each instrument of sale, conveyance,
first five hundred pesos, or fractional part or transfer of the property which is subject of a
thereof, and three pesos for each recorded mortgage, or of the assignment of
additional five hundred pesos, or mortgage credit, the fees established in the
fractional part thereof. preceding schedule shall be collected on the bases
b. Thirty thousand pesos maximum. When of ten per centum of the amount of the mortgage or
the amount of the mortgage is more than unpaid balance thereof, provided, that the latter is
six thousand pesos but does not exceed stated in the instrument.
thirty thousand pesos, forty-eight pesos 4. Notice of attachment.
for the initial amount not exceeding eight For recording each notice of attachment, including
thousand pesos, and eight pesos for each the necessary index and annotations, eight pesos.
additional two thousand pesos or 5. Release of mortgage.
fractional part thereof. For recording such release of mortgage, including
c. One hundred thousand pesos maximum. the necessary index and references, the fees
When the amount of the mortgage is more established in the schedule under paragraph (b)
than thirty thousand pesos but does not
1
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2
2: advising
him that if he is not agreeable to such ruling, he
Chapter XV CONSULTAS may, without withdrawing the documents from the
Registry, elevate the matter by CONSULTA within five
--------------------------------------------------------- days from receipt of notice of the denial of registration to
Section 117 the Commissioner of Land Registration.
Procedure.
When the Register of Deeds is in doubt with regard to the It is clear that the afore-quoted procedure applies only when
proper step to be taken or memorandum to be made in
pursuance of any deed, mortgage or other instrument the instrument is already presented for registration
presented to him for registration, or where any party in and:
interest does not agree with the action taken by the Register (1) the Register of Deeds is in doubt with regard to the proper
step to be taken or memorandum to be made in pursuance or
of Deeds with reference to any such instrument, the
any deed, mortgage or other instrument presented to him for
question shall be submitted to the Commissioner of Land registration; or
Registration by the Register of Deeds, or by the party in (2) where any party in interest does not agree with the action
interest thru the Register of Deeds. taken by the Register Of Deeds with reference to any such
--------------------------------------------------------- instrument; and Theena Marie
NOTES (3) when the registration is denied. None of these situations is
present in this case. In this case, there was no evidence that the
In case of doubt: When
the Register of Deeds is in doubt involuntary instrument which is the Court of Appeals Resolution
already presented to the Register Of Deeds Of Makati City for
with regard to the proper step to be taken or memorandum
the re-annotation Of the Notice Of Lis pendens, and that there
to be made in pursuance of any deed, mortgage or other was also no showing that the Register of Deeds denied the
instrument presented to him for registration re-annotation. (St. Mary Of the Woods School, Inc., vs. Registry Of
Deeds or Makati City, et. AL, G. R. No. 176116/174290, January
Answer: the question shall be submitted to the 20, 2009)
identify each unit, its relative location and Unless otherwise expressly provided in the enabling or
approximate dimensions; master deed or the declaration of restrictions, the incidents
h. Any reasonable restriction not contrary to law, of a condominium grant are as follows:
morals or public policy regarding the right of any a. The boundary of the unit granted are the interior
condominium owner to alienate or dispose of his surfaces of the perimeter walls, floors, ceilings,
condominium. windows and doors thereof. The following are not
The enabling or master deed may be amended or revoked part of the unit bearing walls, columns, floors,
upon registration of an instrument executed by the roofs, foundations and other common structural
registered owner or owners of the property and consented elements of the building; lobbies, stairways,
to by all registered holders of any lien or encumbrance on hallways, and other areas of common use, elevator
the land or building or portion thereof. The term "registered equipment and shafts, central heating, central
owner" shall include the registered owners of refrigeration and central air-conditioning
condominiums in the project. Until registration of a equipment, reservoirs, tanks, pumps and other
revocation, the provisions of this Act shall continue to central services and facilities, pipes, ducts, flues,
apply to such property. chutes, conduits, wires and other utility
Section 5 installations, wherever located, except the outlets
Any transfer or conveyance of a unit or an apartment, thereof when located within the unit.
office or store or other space therein, shall include the b. There shall pass with the unit, as an appurtenance
transfer or conveyance of the undivided interests in the thereof, an exclusive easement for the use of the
common areas or, in a proper case, the membership or air space encompassed by the boundaries of the
shareholdings in the condominium corporation: Provided, unit as it exists at any particular time and as the
however, That where the common areas in the unit may lawfully be altered or reconstructed from
condominium project are owned by the owners of separate time to time. Such easement shall be automatically
units as co-owners thereof, no condominium unit therein terminated in any air space upon destruction of the
shall be conveyed or transferred to persons other than unit as to render it untenantable.
Filipino citizens, or corporations at least sixty percent c. Unless otherwise, provided, the common areas are
of the capital stock of which belong to Filipino citizens, held in common by the holders of units, in equal
except in cases of hereditary succession. Where the shares, one for each unit.
common areas in a condominium project are held by a d. A non-exclusive easement for ingress, egress and
corporation, no transfer or conveyance of a unit shall be support through the common areas is appurtenant
valid if the concomitant transfer of the appurtenant to each unit and the common areas are subject to
membership or stockholding in the corporation will cause such easements.
the alien interest in such corporation to exceed the limits e. Each condominium owner shall have the exclusive
imposed by existing laws. right to paint, repaint, tile, wax, paper or otherwise
--------------------------------------------------------- refinish and decorate the inner surfaces of the
NOTES walls, ceilings, floors, windows and doors
Can Foreign Nationals can condominium units purchase bounding his own unit.
YES. The Philippine Condominium Act allows foreigners to own f. Each condominium owner shall have the exclusive
condo units, as long as 60% of the building is owned by Filipinos.
right to mortgage, pledge or encumber his
- BASIS: That where the common areas in the
condominium and to have the same appraised
condominium project are owned by the owners independently of the other condominiums but any
of separate units as co-owners thereof, obligation incurred by such condominium owner is
- no condominium unit therein shall be conveyed personal to him.
or transferred to persons other than Filipino g. Each condominium owner has also the absolute
citizens, or corporations at least sixty percent of right to sell or dispose of his condominium unless
the capital stock of which belong to Filipino the master deed contains a requirement that the
citizens, except in cases of hereditary succession. property be first offered to the condominium
owners within a reasonable period of time before
the same is offered to outside parties;
EXCEPTION: When it is beyond the alien interest allowed by law.
Where the common areas in a condominium project are
Section 7
held by a corporation, no transfer or conveyance of a unit
Except as provided in the following section, the common
shall be valid if the concomitant transfer of the appurtenant
areas shall remain undivided, and there shall be no judicial
membership or stockholding in the corporation will cause
partition thereof.
the alien interest in such corporation to exceed the limits
Section 8
imposed by existing laws.
Where several persons own condominiums in a
---------------------------------------------------------
condominium project, an action may be brought by one or
Section 6
1
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more such persons for partition thereof by sale of the entire Such declaration of restrictions, among other things, may
project, as if the owners of all of the condominiums in such also provide:
project were co-owners of the entire project in the same a. As to any such management body;
proportion as their interests in the common areas: Provided, 1. For the powers thereof, including power
however, That a partition shall be made only upon a to enforce the provisions of the
showing: declarations of restrictions;
a. That three years after damage or destruction to the 2. For maintenance of insurance policies,
project which renders material part thereof unit for insuring condominium owners against
its use prior thereto, the project has not been loss by fire, casualty, liability, workmen's
rebuilt or repaired substantially to its state prior to compensation and other insurable risks,
its damage or destruction, or and for bonding of the members of any
b. That damage or destruction to the project has management body;
rendered one-half or more of the units therein 3. Provisions for maintenance, utility,
untenantable and that condominium owners gardening and other services benefiting
holding in aggregate more than thirty percent the common areas, for the employment of
interest in the common areas are opposed to repair personnel necessary for the operation of
or restoration of the project; or the building, and legal, accounting and
c. That the project has been in existence in excess of other professional and technical services;
fifty years, that it is obsolete and uneconomic, and 4. For purchase of materials, supplies and
that condominium owners holding in aggregate the like needed by the common areas;
more than fifty percent interest in the common 5. For payment of taxes and special
areas are opposed to repair or restoration or assessments which would be a lien upon
remodeling or modernizing of the project; or the entire project or common areas, and
d. That the project or a material part thereof has been for discharge of any lien or encumbrance
condemned or expropriated and that the project is levied against the entire project or the
no longer viable, or that the condominium owners common areas;
holding in aggregate more than seventy percent 6. For reconstruction of any portion or
interest in the common areas are opposed to portions of any damage to or destruction
continuation of the condominium regime after of the project;
expropriation or condemnation of a material 7. The manner for delegation of its powers;
portion thereof; or 8. For entry by its officers and agents into
e. That the conditions for such partition by sale set any unit when necessary in connection
forth in the declaration of restrictions, duly with the maintenance or construction for
registered in accordance with the terms of this Act, which such body is responsible;
have been met. 9. For a power of attorney to the
Section 9 management body to sell the entire project
The owner of a project shall, prior to the conveyance of for the benefit of all of the owners thereof
any condominium therein, register a declaration of when partition of the project may be
restrictions relating to such project, which restrictions shall authorized under Section 8 of this Act,
constitute a lien upon each condominium in the project, which said power shall be binding upon
and shall insure to and bind all condominium owners in the all of the condominium owners regardless
project. Such liens, unless otherwise provided, may be of whether they assume the obligations of
enforced by any condominium owner in the project or by the restrictions or not.
the management body of such project. The Register of b. The manner and procedure for amending such
Deeds shall enter and annotate the declaration of restrictions: Provided, That the vote of not less
restrictions upon the certificate of title covering the land than a majority in interest of the owners is
included within the project, if the land is patented or obtained.
registered under the Land Registration or Cadastral Acts. c. For independent audit of the accounts of the
The declaration of restrictions shall provide for the management body;
management of the project by anyone of the following d. For reasonable assessments to meet authorized
management bodies: a condominium corporation, an expenditures, each condominium unit to be
association of the condominium owners, a board of assessed separately for its share of such expenses
governors elected by condominium owners, or a in proportion (unless otherwise provided) to its
management agent elected by the owners or by the board owners fractional interest in any common areas;
named in the declaration. It shall also provide for voting e. For the subordination of the liens securing such
majorities quorums, notices, meeting date, and other rules assessments to other liens either generally or
governing such body or bodies. specifically described;
2
• __
f.For conditions, other than those provided for in administration over these common areas wluch are jointly
owned by the various unit Owners, the Condominium Act
Sections eight and thirteen of this Act, upon which
permits the creation Of a condominium corporation, Which is
partition of the project and dissolution of the specially formed for the purpose of holding title ro the common
condominium corporation may be made. Such area, In which the holders of separate interests shall
right to partition or dissolution may be conditioned automatically be members or shareholders, to the exclusion of
upon failure of the condominium owners to rebuild Others in proportion to the appurtenant interest of their
respective units. (Yamane vs. BA Lepanto Condominium
within a certain period or upon specified
Corporation, 474 SCRA 258, G.R. No. 154993 October25, 2005)
inadequacy of insurance proceeds, or upon
specified percentage of damage to the building, or Who can be Incorporators of a condominium
upon a decision of an arbitrator, or upon any other corporation
reasonable condition. They must be shareholders
Section 10
The Court, thus, upholds the finding of the Commission that the
Whenever the common areas in a condominium project are
indispensable requirement that all incorporators of a
held by a condominium corporation, such corporation shall
condominium corporation must be shareholders thereof was not
constitute the management body of the project. The satisfactorily complied with by the petitioner at the time a
corporate purposes of such a corporation shall be limited to certificate of registration was applied for. (Section 5, Corporation
the holding of the common areas, either in ownership or Code of the Philippines [Batas Pambansa Blg. 68]; Section 10,
any other interest in real property recognized by law, to the Condominium Act [Rep. Act 47261. To be a shareholder, one
management of the project, and to such other purposes as must necessarily be an owner of a condominium unit. (Sunset
may be necessary, incidental or convenient to the View Condominium Corporation v. Jr_, 104 295 119811) the case
at bar, it was found by the SEC that only one, Angel Bautista,
accomplishment of said purposes. The articles of
was considered to be an owner of a unit in the Skyworld
incorporation or by-laws of the corporation shall not Condominium at the time of incorporation (Skyworld
contain any provision contrary to or inconsistent with the Condominium Owners Association, Inc. vs. Securities and
provisions of this Act, the enabling or master deed, or the Exchange Commission, 211 SCRA .56, GR. No. 95778JuJy 17,
declaration of restrictions of the project. Membership in a 1992)
condominium corporation, regardless of whether it is a ---------------------------------------------------------
stock or non-stock corporation, shall not be transferable Section 11
separately from the condominium unit of which it is an The term of a condominium corporation shall be
appurtenance. When a member or stockholder ceases to co-terminus with the duration of the condominium project,
own a unit in the project in which the condominium the provisions of the Corporation Law to the contrary
corporation owns or holds the common areas, he shall notwithstanding.
automatically cease to be a member or stockholder of the Section 12
condominium corporation. In case of involuntary dissolution of a condominium
--------------------------------------------------------- corporation for any of the causes provided by law, the
condominium corporation common areas owned or held by the corporation shall, by
way of liquidation, be transferred pro-indiviso and in
What is the purpose of the Condominium Act? of the
Condominium Corporation?
proportion to their interest in the corporation to the
- Whenever the common areas in a condominium members or stockholders thereof, subject to the superior
project are held by a condominium corporation, rights of the corporation creditors. Such transfer or
such corporation shall constitute the management conveyance shall be deemed to be a full liquidation of the
body of the project. The corporate purposes of interest of such members or stockholders in the
such a corporation shall be limited to the corporation. After such transfer or conveyance, the
holding of the common areas, either in provisions of this Act governing undivided co-ownership
ownership or any other interest in real property of, or undivided interest in, the common areas in
recognized by law, to the management of the condominium projects shall fully apply.
project, and to such other purposes as may be Section 13
necessary, incidental or convenient to the Until the enabling or the master deed of the project in
accomplishment of said purposes. which the condominium corporation owns or holds the
common area is revoked, the corporation shall not be
The creation of the condominium corporation is sanctioned by voluntarily dissolved through an action for dissolution
Republic Act No. 4726 under Rule 104 of the Rules of Court except upon a
The creation of the condominium corporation is Sanctioned by showing:
Republic Act No. 4726, otherwise known as the Condominium
Act. Under the law, u condominium is an interest in real property
a. That three years after damage or destruction to the
consisting of a separate interest in a unit in a residential, industrial project in which the corporation owns or holds the
or commercial building and an undivided interest in common, common areas, which damage or destruction
directly or indirectly, in the land on which it is located and in renders a material part thereof unfit for its use
other common areas of the building To enable the orderly prior thereto, the project has not been rebuilt or
3
• __
repaired substantially to its state prior to its Any provision of the Corporation Law to the contrary
damage or destruction; or notwithstanding, the by-laws of a condominium
b. That damage or destruction to the project has corporation shall provide that a stockholder or member
rendered one-half or more of the units therein shall not be entitled to demand payment of his shares or
untenantable and that more than thirty percent of interest in those cases where such right is granted under the
the members of the corporation, if non-stock, or Corporation Law unless he consents to sell his separate
the shareholders representing more than thirty interest in the project to the corporation or to any purchaser
percent of the capital stock entitled to vote, if a of the corporation's choice who shall also buy from the
stock corporation, are opposed to the repair or corporation the dissenting member or stockholder's interest.
reconstruction of the project, or In case of disagreement as to price, the procedure set forth
c. That the project has been in existence in excess of in the appropriate provision of the Corporation Law for
fifty years, that it is obsolete and uneconomical, valuation of shares shall be followed. The corporation shall
and that more than fifty percent of the members of have two years within which to pay for the shares or
the corporation, if non-stock, or the stockholders furnish a purchaser of its choice from the time of award.
representing more than fifty percent of the capital All expenses incurred in the liquidation of the interest of
stock entitled to vote, if a stock corporation, are the dissenting member or stockholder shall be borne by
opposed to the repair or restoration or remodeling him.
or modernizing of the project; or Section 18
d. That the project or a material part thereof has been Upon registration of an instrument conveying a
condemned or expropriated and that the project is condominium, the Register of Deeds shall, upon payment
no longer viable, or that the members holding in of the proper fees, enter and annotate the conveyance on
aggregate more than seventy percent interest in the the certificate of title covering the land included within
corporation, if non-stock, or the stockholders the project and the transferee shall be entitled to the
representing more than seventy percent of the issuance of a "condominium owner's" copy of the
capital stock entitled to vote, if a stock pertinent portion of such certificate of title. Said
corporation, are opposed to the continuation of the "condominium owner's" copy need not reproduce the
condominium regime after expropriation or ownership status or series of transactions in force or
condemnation of a material portion thereof; or annotated with respect to other condominiums in the
e. That the conditions for such a dissolution set forth project. A copy of the description of the land, a brief
in the declaration of restrictions of the project in description of the condominium conveyed, name and
which the corporation owns of holds the common personal circumstances of the condominium owner would
areas, have been met. be sufficient for purposes of the "condominium owner's"
Section 14 copy of the certificate of title. No conveyance of
The condominium corporation may also be dissolved by condominiums or part thereof, subsequent to the original
the affirmative vote of all the stockholders or members conveyance thereof from the owner of the project, shall be
thereof at a general or special meeting duly called for the registered unless accompanied by a certificate of the
purpose: Provided, That all the requirements of Section management body of the project that such conveyance is in
sixty-two of the Corporation Law are complied with. accordance with the provisions of the declaration of
Section 15 restrictions of such project.
Unless otherwise provided for in the declaration of In cases of condominium projects registered under the
restrictions upon voluntary dissolution of a condominium provisions of the Spanish Mortgage Law or Act 3344, as
corporation in accordance with the provisions of Sections amended, the registration of the deed of conveyance of a
thirteen and fourteen of this Act, the corporation shall be condominium shall be sufficient if the Register of Deeds
deemed to hold a power of attorney from all the members shall keep the original or signed copy thereof, together with
or stockholders to sell and dispose of their separate the certificate of the management body of the project, and
interests in the project and liquidation of the corporation return a copy of the deed of conveyance to the
shall be effected by a sale of the entire project as if the condominium owner duly acknowledge and stamped by the
corporation owned the whole thereof, subject to the rights Register of Deeds in the same manner as in the case of
of the corporate and of individual condominium creditors. registration of conveyances of real property under said
Section 16 laws.
A condominium corporation shall not, during its existence, Section 19
sell, exchange, lease or otherwise dispose of the common Where the enabling or master deed provides that the land
areas owned or held by it in the condominium project included within a condominium project are to be owned in
unless authorized by the affirmative vote of all the common by the condominium owners therein, the
stockholders or members. Register of Deeds may, at the request of all the
Section 17 condominium owners and upon surrender of all their
"condominium owner's" copies, cancel the certificates of
4
• __
title of the property and issue a new one in the name of declaration of restrictions may provide for the
said condominium owners as pro-indiviso co-owners subordination thereof to any other liens and encumbrances
thereof.
Section 20 Such liens may be enforced in the same manner provided
An assessment upon any condominium made in accordance for by law for the judicial or extra-judicial foreclosure of
with a duly registered declaration of restrictions shall be an mortgages of real property.
obligation of the owner thereof at the time the assessment
is made. The amount of any such assessment plus any other Proof of special authority to foreclose
In First Marbella, the Supreme Court (SC) held that proof of
charges thereon, such as interest, costs (including attorney's petitioner's special authority to foreclose, the Clerk of Court as Ex
fees) and penalties, as such may be provided for in the Sheriff is precluded from acting on the application for
declaration of restrictions, shall be and become a lien extrajudicial foreclosure. "—x x x Thus, the Court ruled that neither
upon the condominium assessed when the management annotation nor vests therein petitioner with sufficient authority to
foreclose on the property. In the case at bar, the foreclosure not
body causes a notice of assessment to be registered with
merely based on the the notice of assessment annotated on
the Register of Deeds of the city or province where such 2826 nor solely upon the Condominium Act but also on the
condominium project is located. The notice shall state the Master Deed and the condominium corporation Bylaws. (Welbit
amount of such assessment and such other charges thereon Construction Corp. vs. Heirs of Crescnciano C. De Castro, Ibid)
a may be authorized by the declaration of restrictions, a
description of the condominium, unit against which same
has been assessed, and the name of the registered owner
thereof. Such notice shall be signed by an authorized ---------------------------------------------------------
representative of the management body or as otherwise Section 21
provided in the declaration of restrictions. Upon payment No labor performed or services or materials furnished with
of said assessment and charges or other satisfaction thereof, the consent of or at the request of a condominium owner or
the management body shall cause to be registered a release his agent or his contractor or subcontractor, shall be the
of the lien. basis of a lien against the condominium of any other
Such lien shall be superior to all other liens registered condominium owner, unless such other owners have
subsequent to the registration of said notice of assessment expressly consented to or requested the performance of
except real property tax liens and except that the such labor or furnishing of such materials or services. Such
declaration of restrictions may provide for the express consent shall be deemed to have been given by the
subordination thereof to any other liens and encumbrances. owner of any condominium in the case of emergency
Such liens may be enforced in the same manner provided repairs of his condominium unit. Labor performed or
for by law for the judicial or extra-judicial foreclosure of services or materials furnished for the common areas, if
mortgages of real property. Unless otherwise provided for duly authorized by the management body provided for in a
in the declaration of restrictions, the management body declaration of restrictions governing the property, shall be
shall have power to bid at foreclosure sale. The deemed to be performed or furnished with the express
condominium owner shall have the same right of consent of each condominium owner. The owner of any
redemption as in cases of judicial or extra-judicial condominium may remove his condominium from a lien
foreclosure of mortgages. against two or more condominiums or any part thereof by
--------------------------------------------------------- payment to the holder of the lien of the fraction of the total
NOTES sum secured by such lien which is attributable to his
condominium unit.
assessment upon any condominium Section 22
Section 20 of the Condominium Act merely provides that the Unless otherwise provided for by the declaration of
assessments, upon any condominium made in accordance with restrictions, the management body, provided for herein,
a duly registered declaration of restrictions, shall be a lien upon
may acquire and hold, for the benefit of the condominium
the said condominium, and also prescribes the procedure by
owners, tangible and intangible personal property and may
Which such liens may be enforced, viz.: Sec. 20. A
n
assessment
dispose of the same by sale or otherwise; and the beneficial
upon any condominium made in accordance with a duly
interest in such personal property shall be owned by the
registered declaration of restrictions shall be an obligation condominium owners in the same proportion as their
of the owner thereof at the time the assessment is made. respective interests in the common areas. A transfer of a
(Welbit Construction Corp. vs. Heirs Of Cresenciano C. De
Castro, 872 SCRA 451, GR. No. 210286Ju1y 23, 2018)
condominium shall transfer to the transferee ownership of
the transferor's beneficial interest in such personal
Failure to pay assessment may be enforced by judicial and property.
extrajudicial foreclosure Section 23
Such lien shall be superior to all other liens registered Where, in an action for partition of a condominium project
subsequent to the registration of said notice of assessment or for the dissolution of condominium corporation on the
except real property tax liens and except that the ground that the project or a material part thereof has been
5
• __
condemned or expropriated, the Court finds that the practices. Its preambulatory clauses say so and the Court
conditions provided for in this Act or in the declaration of need not belabor the matter presently.
restrictions have not been met, the Court may decree a ---------------------------------------------------------
reorganization of the project, declaring which portion or Section 18, Of the decree directly addresses the problem of
portions of the project shall continue as a condominium fraud and other manipulative practices perpetrated against
buyers when
project, the owners thereof, and the respective rights of said
- the lot or unit they have contracted to acquire, and
remaining owners and the just compensation, if any, that a which they religiously paid for,
condominium owner may be entitled to due to deprivation - is mortgaged without their knowledge, Iet alone their
of his property. Upon receipt of a copy of the decree, the consent.
Register of Deeds shall enter and annotate the same on the - The avowed purpose of PD 957 compels, as the OP
correctly stated, the reading of Section 18 as
pertinent certificate of title. prohibitory and acts committed contrary to it are
Section 24 void.
Any deed, declaration or plan for a condominium project
shall be liberally construed to facilitate the operation of the Any less stringent construal would only accord unscrupulous
project, and its provisions shall be presumed to be developers and their financiers unbridled discretion ro follow
or not to follow PD 957 and thus defeat the very lofty purpose
independent and severable. Of that decree.
Section 25 - It thus stands to reason that a mortgage contract
Whenever real property has been divided into executed in breach of Section 18 of the decree is
condominiums, each condominium separately owned shall null and void. (Metropolitan Bank and Trust
Company, Inc. vs. SLGT Holdings, Inc., 533 SCRA 516,
be separately assessed, for purposes of real property
GR. Nos. 175181-82, GR. Nos. 175354 & 175387-88
taxation and other tax purposes to the owners thereof and September 14, 2007)
the tax on each such condominium shall constitute a lien ---------------------------------------------------------
solely thereon.
Section 26
All Acts or parts of Acts in conflict or inconsistent with
this Act are hereby amended insofar as condominium and
its incidents are concerned.
Section 27
This Act shall take effect upon its approval.
PD 957
Section 18
Mortgages. -
No mortgage on any unit or lot shall be made by the
owner or developer without prior written approval of the
Authority. Such approval shall not be granted unless it is
shown that the proceeds of the mortgage loan shall be
used for the development of the condominium or
subdivision project and effective measures have been
provided to ensure such utilization. The loan value of
each lot or unit covered by the mortgage shall be
determined and the buyer thereof, if any, shall be
notified before the release of the loan. The buyer may, at
his option, pay his installment for the lot or unit directly
to the mortgagee who shall apply the payments to the
corresponding mortgage indebtedness secured by the
particular lot or unit being paid for, with a view to
enabling said buyer to obtain title over the lot or unit
promptly after full payment thereto;
---------------------------------------------------------
NOTES
NOTES:
A mortgage contract executed in breach or Section 18 or the
decree is and 957 aims to protect innocent subdivision lot and
condominium unit buyers against fraudulent real estate
6
produces no legal effect at all—In any event, the Court cannot,
even on the grounds of equity, grant reimbursement to
FOREIGN OWNERSHIP petitioner given that he acquired no right whatsoever over the
subject properties by virtue of its unconstitutional purchase.
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FOREIGN OWNERSHIP It is well-established that equity as a rule will follow the law and
will not permit that to be done indirectly which, because of
Constitutional basis: public policy, cannot be done directly. Surely, a contract that
SECTION 7. Save in cases of hereditary succession, no private violates the Constitution and the law is null and void, vests no
lands shall be transferred or conveyed except to individuals, rights, creates no obligations and produces no legal effect at all.
corporations, or associations qualified to acquire or hold lands of
the public domain. No person should unjustly enrich himself at the expense of
another.—Neither can the Court grant petitioner's claim for
reimbursement on the basis of unjust enrichment. As held in
What is the primary purpose of the prohibition Frcnzcl v: Catito, a case also involving a foreigner seeking
Aliens, whether individuals or corporations, have been monetary reimbursement for money spent on purchase of
disqualified from acquiring lands of the public domain. Philippine land, the provision on unjust enrichment does not
Hence, by virtue of the aforccitcd constitutional provision, apply if the action is proscribed by the Constitution, Tt may be
they are also disqualified from acquiring private lands The unfair and unjust to bar the petitioner from filing an accion in
primary purpose of' this constitutional provision is the rem verso over the subject properties, or from recovering the
conservation of the national patrimony. Our fundamental law money he paid for the said properties, but, as Lord Mansfield
cannot be any clearer. The right to acquire lands of the stated in the early case of Holman Johnson: "The objection that
public domain is reserved only to Filipino citizens or a contract is Immoral Of illegal as between the plaintiff and the
corporations at least sixty percent of the capital of which is defendant, sounds at all times very ill in the mouth of the
owned by Filipinos. defendant (Beamer vs. Amores, 686 SCRA 770, GR. NO. 195
December 3, 2012)
The rule is clear and inflexible: aliens are absolutely not
allowed to acquire public or private lands in the Philippines, The distinction made between transfer of ownership as opposed
save only in constitutionally recognized exceptions. There is no to recovery of funds is a futile exercise on alien spouse's part to
rule more settled than this constitutional prohibition, as more allow reimbursement would in effect permit respondent to enjoy
and more aliens attempt to circumvent thc provision by trying the fruits of a property which he own
to own lands through another. In a long line of cases, we The distinction made between transfer of ownership as opposed
have settled issues that directly or indirectly involve the above to recovery of funds is a futile exercise on respondent's part. To
constitutional provision. (Matthews vs. Taylor, 590 SCRA 394, allow reimbursement would in effect permit the respondent to
GR. No. 164584 June 2, 2009) enjoy the fruits of a property which he is not allowed to own.
Petitioner Thomas Chccsman was, of course, charged with
EXCEPTIONS knowledge of this prohibition. Thus, assuming that it was his
intention that the lot in question bc purchased by him and his
(i) Batas Pambansn Bilang 185 — a former natural born citizen
wife, hc acquired no right whatever over the property by virtue
who has acquired alien citizenship may acquire real property
of that purchase; and in attempting to acquire a right or interest
in the Philippines intended for residential purpose (1,000 sq. m.
— urban/' I hectare — rural land) in land, vicariously and clandestinely, he knowingly violated the
Constitution; the sale as to him was null and void. In any event,
(ii) R.A. No. 7042 — (Omnibus Investment Code) — a former he had and has no capacity or personality to question the
natural born Filipino citizen may acquire real property to be subsequent sale of the same property by his wife on the theory
used for business (5,000 — urban / 3 hectares — rural) that in so doing he is merely exercising the prerogative of
husband in respect of conjugal property.
(iii) Dual Citizenship law (RA 9225) To sustain such a theory would permit indirect controversion of
the constitutional prohibition. If the property were to be
(iv) Hereditary succession declared conjugal, this would accord to the alien husband a
not insubstantial interest and right over land, as he would then
(v) Batas Pambansa Bilang 185 — a former natural born have a decisive vote as to its transfer or disposition. This is a right
citizen who has acquired alicn citizenship may acquire real
that the Constitution does not permit him to have (Muller vs.
property in thc Philippines intended for residential purpose
Muller, 500 SCRA 65, G.R. No. 149615 August 29, 2006)
(1,000 sq. m. — urban/ hectare —rural land)
(vi) R.A. No. 7042 — (Omnibus Investment Code) — a former
natural born Filipino citizen may acquire real property to be How about in lease? What if lease is for 99 years?
used for business (5,000 sq.m. — urban / 3 hcctarcs rural) If an alien is given not only a lease of, but an option to buy, a
piece of land by virtue of which the Filipino owner cannot sell or
(vii) Dual Citizenship law (R,A 9225) otherwise dispose of his property, this to last for fifty (50) years,
then it becomes clear that the arrangement is a virtual transfer
of ownership whereby the owner divests himself in stages not
Can the Court grant an alien's claim for reimbursement on the
only of the right to enjoy the 0 land but also of the right to
basis of unjust enrichment and the time- honored principle of
dispose of it — rights which ownership
Equity
Equity as a rule will follow the law and will not permit that to be
Thus, if an alien is given not only a lease of, but also an option to
done indirectly which, because of public policy, cannot be
buy, a piece of land by virtue of which the Filipino owner cannot
done directly.
sell or otherwise dispose of his property, this to last for 50 years,
then it becomes clear that the arrangement is a virtual transfer
Surely, a contract that violates the Constitution and the law is
of ownership whereby the owner divests himself in stages not
null and void, vests no rights, creates no obligations and
• __
only of the right to enjoy the land but also of the right to dispose Six years after Chua's death, the heirs executed an extrajudicial
of it — rights which constitute ownership. If this can bc done, settlement of estate, and the parcel of land was allocated to
then the Constitutional ban against alien landholding in the Julian.
Philippines, is indeed in grave peril. (Fullido vs. Grilli, 785 SCRA
278, GR. No. 215014 February 29, 2016) In 2007, Luciano filed suit to recover the land he sold to Chua,
alleging that the sale was void because it contravened the
How about improvements thereon? Constitution Which prohibits the sale Of private lands to aliens
The prohibition, however, is not limited to the sale of lands to moved to dismiss the suit on grounds of pari delicto, laches and
foreigners. It also covers leases of ands amounting to the transfer acquisitive prescription. Decide the case with reasons. (4%)
of all or substantially all the rights of dominion. In the landmark
casc of Philippine Banking Corporation Lui She, 21 SCRA 52 The case must be dismissed.
(1967), the Court struck down a lease contract of a parcel of - (1) Julian, who is a naturalized Fllipino citizen and to
land in favor of a foreigner for a period of ninety-nine (99) years whom the property was allocated in an extra-judicial
with an option to buy the land for fifty (50) years. Where a partition off estate, is now the owner of the property.
scheme to circumvent the Constitutional prohibition against the The defect in ownership of the property of Julian's alien
transfer of lands to aliens is readily revealed as the purpose for father has already been cured by its transfer to Julian.
the contracts, then the illicit purpose becomes the illegal cause - It has been validated by the transfer of the
rendering the contracts void. property to a Filipino citizen. Hence, there is
no more violation of the Constitution because
Precisely, it is the Constitution itself which demarcates the rights the subject real property is now owned by a
of citizens and non-citizens in owning Philippine land. To be sure, Filipino citizen (Halili v. CA, 287 SCRA
the constitutional ban against foreigners applies only to 465,119981).
ownership of Philippine land and not to the improvements built - (2) Further, after the lapse of 35 year, laches has set in
thereon, such as the two (2) houses standing on Lots 1 and 2142 and the motion to dismiss may be granted, for the
which were properly declared to be co-owned by the parties failure of Luciano to question the ownership of Chua
subject to partition. Needless to state, the purposc of the before its transfer of ownership to Julian.
prohibition is to conscrvc the national patrimony and it is this ---------------------------------------------------------
policy which the Court is duty-bound to protect. (Beumer vs.
Amores, 686 SCRA 770, GR. No. 195670 December 3, 2012)
Lee v. Republic of the
As correctly observed by the public respondents, the prohibition
in the Constitution applies only to ownership of land. It does not Philippines (2001)
extend to immovable or real property as defined under Article
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415 of the Civil Code. Otherwise, we would have a strange
RATIO / RULINGS
situation where the ownership of immovable property such as
trees, plants and growing fruit attached to the land would be
limited to Filipinos and Filipino corporations only. C.G. Summit — The constitutional proscription on alien ownership of lands
Holdings, Inc. vs. Court of Appeals, 450 SCRA 169, G.R. No. of the public or private domain was intended to protect lands
124293 January31, 2005) from falling in the hands of non-Filipinos. In this case, however,
there would be no more public policy violated since the land
is in the hands of Filipinos qualified to acquire and own such
2003 Bar Question
land. If land is invalidly transferred to an alien who
In 1970, the spouses Juan and Juana de la Cruz, then Filipinos,
subsequently becomes a citizen or transfers it to a citizen, the
bought a parcel of unregistered land in the Philippines on which flaw in the original transaction is considered cured and the
they built a house which became their residence. title of the transferee is rendered valid. Thus, the subsequent
transfer of the property to qualified Filipinos may no longer be
In 1986, they migrated to Canada and became Canadian impugned on the basis of the invalidity of the initial transfer.
citizens. Thereafter, in 1990, they applied, opposed by the The objective of the constitutional provision to keep our lands
Republic, for the registration of the aforesaid land in their names. in Filipino hands has been achieved.
Should the application of the spouses de la Cruz be granted over
the Republic's opposition Why?
This appeal concerns the attempt by an American citizen
Yes, the application should be granted. (Based on their
(petitioner Thomas Cheesman) to annul — for lack of consent on
citizenship when they acquired the ownership over the land)
his part — the sale by his Filipino wife (Criselda) of a residential
lot and building to Estelita Padilla, also a Filipino.
As a rule, the Constitution prohibits aliens from owning private
lands in the Philippines. This rule, however, does not apply to the
Fundamental law prohibits the sale to aliens of residential land.
spouses Juan and Juana de la Cruz because at the time they
Section 14, Article XIV of the 1973 Constitution ordains that, "Save
acquired ownership over the land, albeit imperfect, they were
in cases of hereditary succession, no private land shall bc
still Filipino citizens. application for registration is a mere
transfcrrcd or conveyed except to individuals, corporations, or
confirmation of the imperfect tide which the spouses have
associations qualified to acquire or hold lands of the public
already acquired before they became Canadian citizens.
domain, Petitioner Cheesman was, of course, charged with
(Republic v. CA, 235 SCRA 567)
knowledge of this prohibition. Thus, assuming that it was his
intention that the lot in question be purchased by him and his
wife, he acquired no right whatever over the property by virtue
2009 Bar Question
of that purchase; and in attempting to acquire a right or interest
In 1972, Luciano de la Cruz sold to Chua Chung Chua, a Chinese
in land, vicariously and clandestinely, he knowingly violated the
citizen, a parcel of land in Binondo, Chua died inl 990, leaving
Constitution; the sale as to him was null and void (Cheesman vs.
behind his wife and three children, one of whom, Julian, is a
Intermediate Appellate Court, January21, 1991)
naturalized Filipino citizen.
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Matthew v. Taylor (2009)
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RATIO / RULINGS
— LAND CANNOT BE CONJUGAL WITH A FOREIGNER? In any
event, he had and has no capacity or personality to question
the subsequent lease of the Boracay property by his wife on
the theory that in so doing, he was merely exercising the
prerogative of a husband in respect of conjugal property. To
sustain such a theory would countenance indirect
controversion of the constitutional prohibition. If the property
were to be declared conjugal, this would accord the alien
husband a substantial interest and right over the land, as he
would then have a decisive vote as to its transfer or
disposition. This is a right that the Constitution does not permit
him to have.
FACTS:
Benjamin claimed that his funds were used in the acquisition
and improvement of the Boracay property, and coupled with
the fact that he was Joselyn’s husband, any transaction
involving said property required his consent.
QUOTING CHEESMAN ABOVE
Finally, in Cheesman v. Intermediate Appellate Court,33
petitioner (an American citizen) and Criselda Cheesman
acquired a parcel of land that was later registered in the
latter’s name. Criselda subsequently sold the land to a third
person without the knowledge of the petitioner. The petitioner
then sought the nullification of the sale as he did not give his
consent thereto. The Court held that assuming that it was his
(petitioner’s) intention that the lot in question be purchased
by him and his wife, he acquired no right whatever over the
property by virtue of that purchase; and in attempting to
acquire a right or interest in land, vicariously and
clandestinely, he knowingly violated the Constitution; thus, the
sale as to him was null and void.
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