LAND TITLES AND DEEDS LAND TITLE ——————— Is the evidence of the right of the owner or the extent Or his infront and by eed mare he cov naa contol and oo'8 Doo sommes an main Possession and enjoyment of the property (PENA, Relation of Landes & Dood Rovcod con ), p 3 [hereinafter PENA, Land Titles x ile ond DEED a’ A deed refers to 2 written document executed In accordance with law, wherein a person grants or denen ITLES AND DEEDS LAND T! DEE its broad sense, the term “jure regal ers fo royal egns, or those righ which the King has by virtue of his prerogatives (Id). CONSTITUTIONAL BASIS CONSTITUTIONAL BASIS ______ Ail lands of the public domain, waters, minerals, ‘coal, petroleum, and other mineral cils, all forces of potential energy. fisheries, forests or timber, wildlife, fiora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated, The exploration, development, and Utilization of natural resources shall be under the full ‘control and supervision of the State (CONST. Art Xil, Sec. 2, Par. 1). Both the 1935 and the 1973 Constitutions prohibited the alienation of all natural resources, except agricultural lands of the public domain. The 1987 tethin the Philippine Constitution belong to conveys to another a certain land, tenements,-or———~-~Constitution readopted this policy. Indeed, all lands hereditaments (PENA, supra at 4). AR “ofthe public domain as well as all natural resources be CONCEPT Under the concept of jura régali must be traced to some gf from the Spanish Crown ‘American Colonial Governt Philippine Republic. The Crown is the origin of all and has persisted because tile to ——=the, (Gollago v. CA, G.R. No. 107764, October s 4.3002 © -simpiy jreahstaltte Staie isthe original proprietor ~ fall lands afid{as such, is the general source of all, ties (Republic. Santos, G.R. No.-180027, 3, 2012). yen cerrecrs_| ~~] Ain oi aati, ‘and other natural erwjbe appearing to be clearly Les ey not {i ated af presued to boar fe, AG/Siate, wilich is the source of any asserted right olbnerstip of | slags ~ en id (Republic v. Sin, G.R. No. f 2014). ublic lands not shown to have-been or released as alionable. land or at Na Miss : -aliéffated to a private person by the State remain : part ofthe inalienable public domain (Republic v. Tr DOHN ALFRED E- AQUILIZAN, Over-All Chairperson | NICHOLE VANE B. SANTOS, Chairperson for Academies | RONALYN A. = “GACULA, Ad Hoe Director for Bar Matters | MARIELLE CIELO B. BELGIRA, Vice Chairperson for Fnaice | JUAN INIGO 8. MIGUEL, Viee Chairperson for Operations | ALISSA MARIE D.C. DELOS SANTOS, Vice Chalrperson for Audit | CORINA R. TAMPUS, Vice ‘Chairperson for Secretariat | ARVY KEITH N: CHUNG, Vice Chairperson for Logistics | ANTONIO JUN-JUN C, MANALIGOD IV, Vice (Chairperson for Membership JORDAN N. CHAVEZ, Vice Chairperson for Electronic Data Processing 'NOSLEN ANGINEB E. MENDOZA, Subject Char| KING LAURENZ . MASILUNGAN, Assistant Subject Chair| ALHEX ADREA M. PERALTA, Subject Electronic Data Procesing | SUBJECT HEADS: JOAN V. LAGRADILLA, Agency & Trusts | QUENNIE IRIS V. BULATAO, Conflicts of Law | JESSU R. TRINIDAD, Loan and Deposit | SKY BLUE C.'SAMSON, Obligations and Contacts | (CHRISTIENNE NATHALIE A. BERONA, Persons and Family Relations | KRISTOFFER MONICO 8. NG, Property| JULEEN EVETTE D.MALLARI, Land Titles and Deeds | MARISOL 0. SISON, Sales | GEM EDWARD E. AQUINO, Torts | PATRICIA MAE R. FEDERIS, Succession SEES ‘SAMANTHA YVES O. PLACIDO, QUENNIE IRIS V. BULATAO, JESSU R. TRINIDAD, PATRICIA MARIE G. CARLON, (CHARISMA T; CHAN, ROCKYLLE DOMINIQUE L: BALISONG, ROSELLE JUNE G. CERENO, MARIANNE HELENE P. REYEG, ‘VERONICA V. VELASQUEZ, ALYSSA AIMEE S. BATLE, MICHELLE L. DELOS SANTOS, SUSANNA MARTHA B. IBE, KARLA. MARIE.C. SANTOS, YUMIKO ANGELIUS M. YOSHTY, MARY JOY B. DELA CRUZ, JESSA A. YALAO., KIEZLLE CAYNE D. MANALILI, ANNA ROCHELLE D. PAYONGAYONG, MA. NICOLAI M. TORRES and MIKHAILA KLAUDINE A. ROSALES ‘Ait. JOSEPH FERDINAND DECHAVEZ, *MEMURY AID \Colage ct Law = RCT 8s Operations Centar Plus Corporation, G.R. No. 150000, Se a 1, September 26, Applying the Regalian Doctrine, the State owns all waters and lands of the public domain, including those physically reclaimed. As a general rule, therefore, only the National Government can reclaim foreshore lands and other submerged areas (Republic v. Court of Appeals, G.R. No. 103882, November 25, 1998). Property of the public domain is beyond the commerce of man and not susceptible of private appropriation acquisitive prescription. Occupation thereof and in the concept of owner, no matter how long, cannot ripen into ownership and be registered as a title (Republic v. Candy Maker, Inc., G.R. No. 163766, June 22, 2008). That land has been removed from the scope of the Regalian Doctrine and reclassified as part of the Public domain's alienable and disposable portion cannot be assumed or implied. The prevailing rule js that the applicant must clearly establish the existence of a positive act of the goverment, (Republic. v. Jabson, G.R. No. 200223, June,/6, 2018). The burden of proof in overcoming”the”« presumption of State ownership of the lands of the 4 ‘on the person pplying forf = public domain registration (or claiming ownership), wha midst prove’ that the land subject of the application is alienable or, disposable. To overcome incontrovertible evidence must bs%established that the land subject of the application (ofscim) 8) alienable or disposable (Diaz-Enriquez v.,Ditector o| Lands, G.R. No. 168065, September6, 2017), * Act No. 2874 (Second ’, Public promulgated in 1919 and reproduced in| CA No. 141 (Public Land Act of 1936) Executive Department, through the President, the exclusive prerogative to classify or reclassify public lands into alienable or disposable, mineral o forest. Since then, courts no longer had-the authority, whether express or implied, to determine the classification of lands of the public domain (Secretary of the DENR v. Yap, G-R. No. 167707, October 8, 2008). EXCEPTION | TO THE REGALIAN INE DOCTRII nae Tiwas ruled that any land under native title, or those ion of an ould have been In the possession of ee upant and of his predecessorinnere seca i memorial is an exception Soa. Such possession woul hay te tion that the land had never be Prey domain ot that it had been privzie property even before the Spanish conquesy (Carifo v. Government, 212 U.S. 449 (1909). pyesumption,™\, REGALIAN DOCTRINE DOES NOT NEGATE “NATIVE TITLE” When, as far back as testimony or memory goes, the land has been held by individuals under a claim of private ownership, it will be presumed to have been held in the same way before the Spanish conquest (Carifio v. Insular Government, 212.U.S. 449 (1909). TITLE “The right of the owner or the extent of hi and by means of which he can maintain control, and as a rule, assert his right to the exclusive possession and enjoyment of the property (NOBLEJAS, Registration of Land Titles and Deeds, (2007) p. 6 hereinafter NOBLEJAS, Land Titles and Deeds). jdénce of ownership. It is not a source of ‘erely confirms or records a title already existing and (ested (Tiro v. Phil. Estates Corp., G.R. No. 170528! 4 ust 26, 2008). \ TITHE V. CERTIFICATE OF TITLE TITLE CERTIFICATE OF TITLE Mee “evidence of ‘ownership; not the tile to the land itself. a just of “exclusive fon of which is the foundation of ownership of property. (Castilo v. Escutin, G.R No. 171056, March 13, 2008). MODES OF ACQUIRING TITLE: (PRADA- VINE) 1. Public Grant sy administrative process, the government transfers land to a private individual by the issuance of sales patent or special patent (CA No. 141, also known as The Public Land Act, as amended). Commonwealth Act No: 141 (CA 141), also known as the Public Land Act, tumains to this day the existing general law governing the classification and disposition of lands of the public domain, other than timber and mineral lands. Under the Regalian Doctrine embodied in our Constitution, land that has not been acquiredear e from the government, either by purchase, grant or any other mode recognized by law, belongs to the State as part of the public domain. No public land can be acquired by private persons through any other means, and itis indispensable that the person claiming title to public land should show that his title was acquired through purchase or grant from the State, or through any other mode of acquisition recognized by law (Republic v. Heirs of Juan Fabio, G.R. No. L- 65818, May 13, 1991). Reclamation = Itis the method of filling submerged land by deliberate acts and reclaiming title thereto (NOBLEJAS, supra at 42). Under R.A. 1899, also known ‘as An Act Authorizing The Reclamation Of Foreshore Lands By Chartered 1d Me a 3y Chartered Cities An See Nee Co embor 9, 1998). June 22, 1957, the National Goyermffient granted to all municipalities and cpprirod ites the authority to undertake and cafry out at th — ‘own expense the roceraier ding, by filling, or other means, of a bordering them. Any and a will become — property, ey municipalities or chartered citi foreshore along the continue to become Government. NOTE: Under R.A. 1895 not be construed to ini (Republic v. CA and Rept Acquisitive Prescription — Must be in the concept of ai ni oe Session of LAND TITLES AND DEEDS Civil Law ccription is concerned with lapse of time in the snanner and under conditions laid down by law, namely, that the possession should be in the concept of an owner, public, peaceful, uninterrupted, and adverse. Possession is open when it is patent, visible, apparent, notorious and not clandestine. It is continuous when uninterrupted, unbroken and not intermittent or occasional; exclusive when the adverse possessor can show exclusive dominion over the land and an appropriation of ito his own use and ‘benefit; and, notorious when it is so conspicuous that it is -generally known ang talked of by the public or the people in the neighborhood (Republic v. Northern Cement Gorp., G.R. No. 200256, April 11, 2018). Just Title itmeans ‘with Color of tile and good faith" or con justo titulo y buenafe (Alba v. CA, G.R. No. 5 of prescription, there is just title adverse claimant came into he property throughi one of the Nc pe ay Feegatit sof acquisition of ownership or A other real qights\put the graritor was not the can or & tek transmit any right (Imuan v. cor no, 167995, September 11, 0, ze sel | that prescription doés not istered land. Thus, under Sec. 47 ee 1829, of aa known as the Property istration Dee, Is specifically provided istered land in derogation of PiBat "n SC TN the registered owner shall be acquired by adverse possession" (Spouses |, 2014), A title, once registered, cannot leirs of Dionisio, G.R. No. 191101, CODE, Art. 525). A person acquire Oe 18 Soquistive preecaipon ihe has beet In open, MA jefeated even by adverse, - open. and continuous, exclusive, and notorious possession for a period prescribed by law. a. Ordinary Prescription — possession in good faith and with just’ tile for ten (10) years (CIVIL CODE, Art.'1134) b. Extraordinary Prescription — adverse possession without need of title or of good faith for thirty (30) years (CIVIL CODE, Art 1137) Open, continuous, and exclusive ‘possession of land classified as alienable and disposable for at least thirty years segregates the land from the public domain and ipso jure converts the same into private property (Buenaventura v. Republic, G.R. No. 166865, March 2, 2007). Notorious Possession.. The certificate of title issued is an absolute and indefeasible evidence of ‘ownership of the property in favor of the “person whose name appears therein. It is binding and conclusive upon the whole world. All persons must take notice and no one can plead ignorance of the tegistration (Dr. “Rellin v. Belarmino, G.R. No. 153691, July 19, 2006). Descent or Devise @, By Descent — acquired by virtue of hereditary succession to the estate of a deceased owner; or b. By Devise ~ succession need not be in favor ofa relative (NOBLEJAS, supré at 42). Accretion = To the owners of lands adjoining the banks of rivers belong the accretion which they gradually 4 4MEMORY AID \Ceege of Lan = POCT Bar Operators Carte Feceive from the effects of the currents of the waters. (CIVIL CODE, Art. 457). The alluvial property obtained due to accretion is not automatically covered by a Torrens ttle. Ownership of a piece of land is one thing, and Tegistration under the Torrens system of that ‘Ownership is quite another. To be covered by the Torrens title, the alluvial property must be placed Under the operation of the registration laws (Grande v. CA, G.R. No. L-17652, June 30, 1962). Accretion formed as a result of dumping of Sawdust is part of public domain. The word “current” indicates the participation of the body of water in the ebb and flow of waters due to high and low tide (Vda. De Nazareno v. CA, G.R. No. 98405, June 26, 1996). . Voluntary Transfer — The transfer is given by the voluntary / execution of a deed of conveyance in certair Prescribed form, completed by the recording or registration thereof because registration is the’ operative act that binds and affects third. persons. Nonetheless, the contract is birding © between parties, their heirs, assignees and ) Persons: Bound Notwithstanding ‘Lack. of Registration: 7 «, a. The grantor; * § Y ey Ne b. The grantor’s heirs and deviseesiand — a ne try (now Electronic Primary cluding both registration in its sense, and cancellation, and eyén the marginal notes. In strict it peftai S "MAS stra 3 oun rooas ct Dood! 20196dton) a” Ma récistration is made for the purpose Hay fies end Detds, : ication (Cabiling’ v. Femandez, GR. No. LAND OF PUBLIC DOMAIN ‘* In 4903, the United States colonial goverment, through the Philippine Commission, passed Act No. 926, the first Public Land Act. The law governed the disposition of lands of the public domain, * Act No. 926 was superseded in 1919 by Act No. 2874, the second Public Land Act. This new law was passed_under the Jones Law. It was more comprehensive in scope but limited the exploitation of agricultural lands to Filipinos and Americans and citizens of other countries which gave Filipinos the same privileges, * After the passage of the 1935 Constitution, Act No. 2674 was amended in 1936 by CA No. 141, the present Public Land Act approved on ‘November 7, 1936, which is essentially the same 8 Act No. 2874. The main difference between 183133, July 26, 2010). The mete presentation to the office of the Register - of Deeds of a document on which acknowledgement ‘of receipt is written is not equivalent to recording or registering the real property (Po Sun-Tun v. Price and The Provincial Government of Leyte, G.R. No, 31346, December 28, 1929).MEMQRY AID _. (CStoge Law -ROCT Bx Operations REGISTRATION OF TITLE V. RECORDING OF EVIDENCE | REGISTRATION OF |) REGORDING OF aS ipa State provides a public record of the title itself upon which a Prospéctive purchaser or someone . else interested may rely Involves the recording of, deeds of conveyance and other instruments, without guaranteeing the title, “leaving to the prospective purchasers or other persons interested to” examine the instruments in the records and formulate their own conclusions as to their effect on the title. (PENA, supra at 7). SYSTEMS OF REGISTRATION IN THE PHILIPPINES: (STU) 1. System under the Spanish Morigage Law, ; 2. Torrens System; and f 3. ‘System of Recording for Unregistered Land (PENA, supra at 4). é REGISTRATION UNDER THI ‘B MORTGAGE LAW DISCONTINUED)...“ “ P.D. 892 was issued decresing the’iscontinuanc of the system of registration inder the, Spanish’ Mortgage Law and ‘the use of Spanish Title Yas, evidence in land registration _progeedings} (AGCAOILI, Land Titles and Deeds'(2018), 2) 30). 7 NOTE: Larids granted under Spanisfp,Morigage Law, which are not yet covered by certificate of,tit) under Torrens -System are Reegr unregistered lands (P.D. 1529, Sec.3). " Hereafter, all instruments affecting lands originally registered under the Spanish Mortgage Law may be recorded under Section 113 of this Decree, until the and shall have’ been brought under the operation of the Torrens Title. 7 ks of registration for unregistered lands provided under Section 104 ot fies Retieed it trative Code, as amended by Act No. 3344, ‘Administrative C a Ye registered under Sec 113 of this WMOGELLO, Guidelines and Procedures in tend Tues ‘and Deeds (2019), P- 10). LAWS IMPLEMENTING REGISTRATION see 7. Property Registration Decree (P. amended); : ; 2. Cadastral Act (Act N. 2259, as amended) 3, Public Land Act (C.A. No. 141, as amended); ‘4. Emancipation Patent or CARP of 1972 (P.D. No. 27); 5. Zoinprehensive Agrarian Reform Law of 1988 (R.A.6657, as amended); and 6. Indigenous Peoples Rights Act or IPRA of 1987 (RA. 8371). NATURE OF LAND REGISTRATION. Judicial proceedings for the registration of lands throughout the Philippines shall be in rem and shall be -based on the generally accepted principles underlying the Torrens system (P.D. 1529, Sec. 2, Par. 1). Jurisdiction in rem cannot be acquired unless there be a constructive seizure of the land through , publication and service ‘of notice (Republic v. CA and: — |) Ribaya, G No. 113549, July 5, 1996). OF LAND REGISTRATION G) tie to land and stop. forever: any questign as to the legality of said title (Legarda v, Safeeby, GIR. No. L-8936, October 2, 1915); glofievery conveyance, mortgage, lease, lien, attachment, order, judgment, instrument, or ntry affecting registered land (P.D. 1529, Sec. © Notify and protect the interests of strangers to a given transaction, who may be ignorant thereof (Casica v. Villasoca, G.R. No. L-9590, April 30, 1957); ‘ To enable every registered owner and every subsequent purchaser of registered land taking a certificate of title for value end in good faith to Hold the same free from’ all encumbrances, except those registered (P:D. 1529, Sec. 44); 5. ToPrevent fraudulent transactions. No voluntary . instrument shall be registered by the Register of Deeds, unless the owner's duplicate certificate is presented with such instrument (P.D. 1529, Sec. 53); 6. To enablé the Register of Deeds to Maintain a tepository (Primary Entry Book) of all instruments affecting registered land (P.D. 1529, Sec. 56); 7. To issue a certificate of tile to the owner, which shall be the best Evidence of his ownership of the land described therein (Lee Tek Sheng v. CA, G.R. No. 115402, July 15, 1998); andEDS LAND TITLES AND DEE Ds 8. To Guarantee the integrity of land titles and to BURDEN OF PROOF protect their indefeasibility once the claim of T proof in land registr Ownership is established and recognized an the Sept as abst eh clear, positive, and (Traders Royal Bank v. CA. G.R. Nos. 114299 convincing evidence that his alleged possession and Seer terre occupation were of the nature and duration required by law. Bare allegations, without more, do not NOTE: Registration does not vest title. It i not a mode of acquiring ownership but is merely evidence of such title over a particular property. It does not give the holder any better right than what he actually has, especially if the registration was done in bad faith. The effect is that its, as if, no registration was made at all (Avila v. Tapucar, G.R. No. L-45947, August 27, 1991). amount to preponderant’ evidence that would shift the burden to the oppositor (Republic v. Enciso, G.R. ‘No. 160145, November 11, 2005). It is emphasized that the registration of a patent under the Torrens System merely confirms the registrant’ title. It does not vest tite where there is TORRENS SYSTEM : Rone because registration under this system is nota A sysiem of registration of transaction with interest mode of acquiring ownership (Heirs of Spouses De in land whose declared object is, under government Guzman v. Heirs of Bandong, G.R. No. 245454, SUthority, to establish and certify to the ownership of August 9,°2017). Registration does pai the | _Pajpbsolbie. and indefeasibe tite to realty, and to registrant a-better right than what 6 a ior-to. sithplify ifS tfansfer (AGCAOILI, supra at p. 9:10). registration (Duque-Rosario ep sanco”’ Filipino a oo - Savings and Mortgage Bank, % icial in nature (P.D. 1529, Sec. 2). December 7, 2011). Lof { p Where a document so registéred is jfvalidjor legally defective, registration will not ‘4 valid or cure its defect (San| L-9197, October 22, 1914). < EFFECTS OF REGIS” ION: istration Decree. Its object is convey or affect the land insdfar as thi STEN with the“delay, uncertainty, and expense are concerned; and ba incing system. It updated the Land hee he No/”140528;-——-—-Naturé't . Histo sO ITRODUCTION nes by Act No. 496, which 1903 (Sotto v. Sotto, G.R. , 1922). 3. While registration operates as AGt and codified the Various laws deed, contract, or instrument to off istration (AGCAOILI, supra at 20). not as to its validity nor converts instrument ‘into a valid one; neither does it DVANTAGES OF THE TORRENS fecognize a valid and subsisting interest in the SYSTEM: (PRIMEA-MAKGITS) land (AGCAOILI, supra at 44). 1. Protects against encumbrances not noted on the ‘Torrens certificate; ADVANTAGES OF REGISTRATION: (SP- 2. Reduces records enormously; SiR. 3. Instantly reveals ownership; 7. Secures 4, Makes fraud almost impossible; 2. Protects against fraud; 5. Eliminates repeated examination of titles; 3. Simplifies dealings; 6. Abolishes endless fees; 4. Restores the estates to its just value, whose 7. Makes possible the transfer of titles or of loans depreciation is caused by some blur, technical within the compass of hours instead of a matter defect; and of days and weeks; 5. Bars the recurrence of faults in the title (Legarda 8. “Assures; v. Saleeby, G.R. No. L-8936, October 2, 1918). +9. Keeps up the system’ without adding to the burden of taxation (because the beneficiaries ay the fees); 10. Gives practically eternal title as the state insures Perpetually (PENA, supra at 45);MEMGRY AID ‘Sen Bo Uriveaty CBee ct Law = ROT Bx Operon Corer 11. Iteliminate: 12. 1 fun Priv 8s Tax tities; and mishes State tile insurance instead of ate title insurance. The purpose of pu land registration is not the acquisition of tite ‘t “4 but only the registration of title, which the applicant already possessed over the ‘and. Registration was never intended as a means of Satuiting ownership (Republic v. CA, G.R. No. L- 43105, August 31, 1984)" PURPOSES OF THE SYSTEM: (QUIPPERS) 1. To Quiet tile to tand: to puta stop forever to any uestion of the legality ofthe title, except claims which were noted at the time of registration, in the certificate, or which may arise subsequent thereto (Legarda v. Saleeby, G.R. No. L-8936, October 2, 1918); To relieve the land of Unknown liens or claims, Just or unjust, against it except Statutory Liens under Section 44 of P.D. 1529; 3. To create Indefeasibl bin »¥ 4. To Prevent fraudulent claims; 4 5. To provide. means of Publication or notice to third persons; 6. To Establish priority in right. - “Fi Stronger in Right" (Primus Tempore, \Potior TORRENS: pI reasonably cautious man to make ‘Ben fuper inquiry; and a. 8. To provide Stability to land titles (AGCAOILI, Land Titles and Deeds, supra at 10-12). TE: Registration is not equivalent to legal te. (Wee v. Mardo, G.R. No. 202414, June 4, 2014) \der the Torrens system, registration only ones valiity to the transfer or creates a lien upon the land. It merely confirms, but does not confer, ownership (Lu v. Manipon, G.R. No. 147072, May 7, 2002). EFFECTS OF ISSUANCE OF TITLE: ae Tand Is placed under ime ret n OF m : (P.D. 1529, Sec. 3); Tore Orr {om all claims except those sca sd 2 Lend ew provided by law; (P.D. 1529, note Sec. 46); Jim 3, Title to the land becomes Imprescriptible; (P.D. Sec. 47); : 4. The land Fecomes Jncontrovertble indeteasble (P.D, 1528, Sec. 32): and 5, The certificate of ttle is not subject to Collatera attack. (P.D. 1529, Sec. 48). and UNDER ACT NO. 3344 REGISTRATION THIRD INEFFECTIVE | AGAINST PERSONS om 194 of the Revised Admi emended by. Act No. 3944, provi registration of deeds or instruments relating to lands not registered under the Torrens system. Ifa parcel of land covered by Torrens title is sold, but the sale ig registered under Act No. 3344 and not under the Land Registration Act, the sale is not considered registered and the registration of the deed does not operate as constructive notice to the whole world (Melencion v. CA, G.R. No. 148846, September 25, 2007). REGISTRATION UNDER THE TORRENS SYSTEM A PROCEEDING IN REM B igij7 rem is when the object of the action b ferently all who might be-minded to ion of any sort against the right ished, and if anyone in the world heard on the strength of alleging Is a proceeding ‘in rem, and cannot be acquired unless there ructive seizure of the land through and service of notice (Republic v. CA, 549, July 5, 1996). Registration under the Torrens System constitutes, at the very least, constructive notice to any boundary ‘owner of who is his neighbor (Francisco v. CA, G.R. No. L-35787, April 11, 1980). TORRENS TITLE A Torrens title is the certificate of ownership Issued under the Torrens system of registration by the government, through the Register of Deeds, naming and declaring the owner in fee simple of the real Property described therein, free from all liens and encumbrances except as may be expressly noted thereon or otherwise reserved by law (ALBANO, Civil Law Reviewer Revised Eaition (2013), p. 798 [hereinafter ALBANO, Civil Law Reviewer). Legally defined, a certificate of tile is thé transcript Of decree of registration made by the Register of Deeds (Manotok IV v. Heirs of Homer Barque, G.R. ) fa] w my a fa) F ea a wi ol 5 - fa) 2 ca aNos. 162335 and 162605, December 18, 2008, citing PNB v. Tan Ong Zse). Probative Value: Torrens Title may be received in evidence in all courts ofthe Philippines, and shall be as evidence with respect to the of the land described therein and other ‘matters which can be litigated and decided in land registration proceedings (AGCAOILI, supra at 12). Two TYPES OF TORRENS CERTIFICATE OF TITLE: 1. Original Certificate of Title (OCT) + = The first title issued in the name of the registered owner by the Register of Deeds covering a parcel of land, which had been registered under the Torrens System by virtue of a judicial or administrative proceeding. It consists of one original copy filed js Register of Deeds, and the oars licate U certificate delivered to the owng -D. Fisze, — ZS 2. Transfer Certificate of Titl mt = The title issued by the/Re \ favor of a transferee to yihom a registered land has legal mode of conveyarjce-(e; It also consists of an priginall and ark ow duplicate certificate. (PD<1529, AGENCIES IMPLEMENTING REGISTRATION PROCEEDINGS THE TORRENS SYSTEM; 1. Courts (RTC acting as Land Registrati 2. Department of “Environment and Resources (DENR); 3. Department of Justice (DOJ) throug! Registration Authority (LRA) and'its Regi ‘Deeds (RD); 4. Department of Agrarian Reform (DAR); and ‘5. Department of Agriculture (DA). nap g JURISDICTION, HEARING, JUDGMENT IN ORDINARY LAND REGISTRATION JURISDICTION ‘GENERAL RULE: The Court of First instance (now the Regional Trial Courts) shall have exclusive jurisdiction over all applications for original Ss LAND TITLES AND DEEDS registration of ttle to lands, including improvements, ‘and interests therein, and over all petitions fled after original registration of title, with power to hear and determine all questions arising _upon such applications or petitions (MOGELLO, Guidelines and Procedures in Land Titles and Deeds (2019), P. 8). EXCEPTION: (Delegated Power) e The Metropé {on tral Coutts (MeTCs); Municipal Courts in Cities (MTCCs); Municipal Trial Courts (MTCs); Municipal Circuit Trial Courts (MCTCs) have jurisdiction to hear and determine cadastral or land registration cases by virtue of the delegated jurisdiction granted by the Supreme Court (Section 34, BP. Big. 129 as amended by R.A. No. 7691) based on the following instances: 4. Where the lot sought to be registered is not the subject of controversy or opposition; or 2, | Where the lot is contested but the value thereof does not exceed P100,000.00, such ue to be ascertained by the affidavit of the ifagt or by the agreement of the ‘claimants, if there be more than fom the corresponding tax. the real property. in shall be commenced and which has jurisdiction over ihe, real property involved , or a ted (RULES OF COURT, BSiration Decree (AGCAOILI, supra at 173). NOTE: While a referee can receive evidence and objections, it has no power to rule on the case.” Its main duty is to receive evidence and submit its findings and recommendations to the court (P.D. 1529, Sec. 27). 7 JUDGMENT ‘Al conflicting claims of ownership and interestin the land subject of the application shall be determined by the court (P.D. 1529, Sec. 29). The court is now authorized to hear and decide not only non-controversial cases but even contentious issues which used to be beyond its competence (Uigon v. CA, G.R. No. 107751, June 1, 1995). lil ail 4 |MEMGRy AID ot Ln = RECT Ba! Options Carter gene elminated the distinction between the Gourt and gaatction vested in the Regional Trial Upon it anc ited jurisdiction formerly conferred the cau” acting merely as cadastral court. Thus, may resolve issues other than those strictly Pertaining to land registration i ppg) gistration in cases (ALBANO, DUTIES OF THE COURT: “ cz Render judgment, declare the same.final, and cause the decision’s entry (P.D. 1528, Sec. 29); 2. Order the LRA to issue a decree of registration _ (P.D. 1529, Sec. 30). zn Only claimed property or a portion thereof can be adjudicated. If the applicant asserts ownership to and submits evidence only for a portion of a lot, the inclusion of the portion not claimed by the applicant is void and of no effect for a land registration court - has no jurisdiction to decree a lot to a person who Puts no claim to it and who never asserted any right of ownership over it (Almarza v. Arguelles, G.R. No;, £-49250, December 21, 1987). The court may reverse its decision even aftér the LRA has already issued the decree ofsfégistration, (Gomez v. CA, G.R. No. 77770, Deter er 15, 1988). £ The judgment b sation e judgment becomes final ,Gpon fitecn (12) days counted rom rogelptof Ta judgment (B.P. 129, Sec. 39; Labrada v. Monsanto, G.R. No. L-6 ithstanding the lap until the expiration of one (1) year after’ the-decree of registration by the LRA (F v. ‘Associacion Benevola de Cebu, G.R. No. 77243, October 26, 1989; P.D. 1529, Sec. 32). LAND REGISTRATION COMMISSION 4, LAND REGISTRATION AUTHORITY (LRA) sovernment charged with the aerate ee relative to the registration of exec under executive supervision of the od (PD. 1529, Se: 4) s of the LRA: (SAC) i Sexton’ ‘Speedy and effective assistance to Department of Agrarian Reform, the Land Bank and other. agencies in the implementation of the land reform program; b. Extend Assistance to courts in ordinary and cadastral registration proceedings; and c. Be the,Central repository of records relative {o original registration of lands titled under the Torrens System, including sul and consolidation plans of titled lands (P.D. 1529, Sec. 6 (2)). Functions of .the LRA Administrator (formerly Commissioner): fa. Issue decrees of registration pursuant to final judgments of the- courts in land registration proceedings and cause the issuance by the Registers of Deeds of the corresponding certificates of title; b. Exercise supervision and contro! over all Registers of Deeds and other personnel of the Commission; c. Resolve cases elevated en consulta by or ‘on appeal from the decision of the Register Jeeds; ise executive supervision over all Sof court and personnel of the courts all -orders,” decisions, and wigated - relative to the s lands and issue, subject to the approval of the Secretary of Justice, all needful rules and regulations; and Verify and approve subdi SeaAsolidation, and consolidation-subdivision survey plans of properties titled under Act No. 498 and P.D. 1529 except those covered by P.D.'957; (P.D. 1529, Sec. 6); and g. Act as Clerk of Court in land registration proceedings. 7 NOTE:, Recognizing the overlapping of functions, P.D. 239, dated July 9, 1973, was implemented stating that the LRA was no longer authorized to approve original survey. plans.for original registration. Thus, the Land Management Bureau (LMB) is now authorized to verify and approve original survey plans (MOGELLO, Guidelines and Procedures in Land Titles and Deeds (2019), p. 22). Ministerial Duty of LRA to Issue Decree of Registration The duty of the LRA to issue a decree of registration is ministerial only in the sense that they act under the orders of the court, and thedecree must be in conformity with the decision ofthe court and with the date found in the record. However, if they are in doubt upon any point in relation to the preparation and issuance of the decree or if they have personal knowledge of the fact that the property subject of the decision is already covered by a decree of registration, itis their duty to refer the matter to the court (AGCAOILI, supra at 41) NOTE: The issuance by the Land Registration Authority Officials of a decree of registration is not purely ministerial in cases where they find that such would result to the double titling of the same parcel, of land (MOGELLO, Guidelines and Procedures in Land Titles and Deeds (2019), p. 14). 2. REGISTER OF DEEDS (RD) The public repository of records of instruments=—-—=—4q, Nap affecting registered or unregistered lands and chattel mortgages in the province rein such office is located (P.D. 15297 Sec. 10) /. LAND TITLES AND DEEDS Civil Law based _on the name of the registered owner (MOGELLO, Guidelines and Procedures in Land Titles and Deeds (2019), p. 14) MINISTERIAL DUTY OF THE RD TO REGISTER ‘The function of the Register of Deeds with reference to the registration of deeds, encumbrances, instruments, and the like is ministerial in nature (Baranda v. Gustilo, G.R. No. 81163, September 26, 1988), The Register of Deeds is entirely precluded from exercising his personal judgment and discretion when confronted with the problem of whether- to register a deed or instrument on the ground that itis invalid, The determination of whether a document is valid or not is a function that belongs properly to a court of competent jurisdiction, (AQUINO, supra at Iw prtregistration does not require that only lid‘instumients shall be registered. If the purpose registration I, merely to give notice, then 7 So he of ay NOTE: There shall be at I ae gi ter Gt qudstions\ regarding the effect or invalidity of Deeds for each province for dach city (P.D. 1529, Sec. 7). . \ * Deeds: (ISDAK) a. Immediately regi _Almiro jstruments*arépexpected to be decided after, not -and, its |validit, joreffect is litigated afterwards the Reais of Deeds of Agusan, G.R. 486, March 20; 1966). fo. L- eee jon Yealing|\ —f P< wie ‘oF personal property, whic! “INSTANCES (WHEN RD MAY DENY b. See toit that the instriment documentary and science stat the same are properly cagcelled; c. Deny registration, if the instrumépl registrable (on its face), ang presentor of such denial in wit the ground or reason therefor; d. Advise the presentot (denied of registration) of his right to appeal by consulta; and e. Prepare and Keep in every Registry an index system which contains the names of all registered owners alphabetically arranged, and all the lands respectively registered in their names (P.D. 1529, Sec. 10 and Sec. 12). The Registry of Deeds is the repository of titles, deeds, conveyances, court orders and - offier instruments used as basis in the subsequent registration. Their duty includes the obligation to accept documents presented for registration; assign the corresponding nuniber based on the Electronic Primary Entry Book (EPEB), process, examine and release the said document within. a reasonable period of time. Titles kept in the registry are arranged numerically (according to the title number) and not sis SE edgedsbefore a notary public of other liclyoffiger authorized by law to take jowledgment (Gallardo v. IAC, .G.R. No. L- ber 29, 1987); z 4 ie the land involved is a Non-registrable lands; 3. Where required certificates or documents are Not submitted; 4, Where there is More than one (1) copy of the ‘owner's duplicate certificate of title and not all such copies are presented in the Register: of Deeds (ie, when there are co-owner's duplicates of the same tite); 5. Where the property is presumed to be Gonjugal but the iristrument of conveyance bears the signature of only one spouse; 6. Where the voluntary instrument bears on its face an Infirmity; 7. Where the Validity of the instrument sought to be registered ‘is in: issue in a pending court suit (AGCAOILI, supra at 48-49); 8. Where the adverse claim of. ownership over a parcel of land is based on Prescription and adverse possession (Estrella v. Register of jen Ahe doument is Not verified and sefore registration ~It must follow as a necessary ‘consequence that.Fegistration must first be allowed, ° sited ain ai isicaiaili is ici, aii| MEMORry AID Son Gnde Urbs Clee cttw = ROG br Operon Cree Deeds of Rizal, | 1960); I, G.R, No. L-12614, January 29, Where the cancellation of an adverse claim is -Dased on a mere Request and not upon the order of the court (Sajonas v. CA, G.R. No. 102377, July 5, 1996), “EN CONSULTA” (when the Register of Deeds is n doubt with regard 'e proper step to be taken or memorandum to be made in pursuance of any deed, mortgage or other instrument presented to him for registration, oF where any party in interest does not agree with the action taken by the Register of Deeds with reference {0 any such instrument, the question shall be ‘Submitted to the Commissioner of Land Registration by the Register of Deeds, or by the party in interest tough the Register of Deeds (P.D. 1529, Sec.. - Adeed of sale executed in a place other than where the property is located does not affect the extrinsi : validity of the instrument as long as the notary public / concemed has authority to acknowledge the document executed within his territorial jurisdiction, Notarial acknowledgment attaches full faith and)» credit to the document and also vésts uponit the Presumption of regularity (Sales v. CAy@:R, No. L : REGISTRANT Register of Deeds (Sec. 117, P.D. No. 1529) oN : Land Registration Authority v ; Court of Appeals (Rule 43, Rules of Court) - ‘Supreme Court (Rule 45, Rules of Court) & 1. asi CXTIZENSHIP MODE OF REGISTRATION | |. Judicial Legalization ‘Confirmation of Imperfect or Heme ‘A. 441 as amended, Incomplete Title (C. . 48 (b)); Suro Ordinary. Land Registration P.D. 1529); and ce Cadet Proceedings (P.D. 1529). a Administrative Legalization ‘of application at CENRO! PENRO; a. | PENR ” Forwarded to: the Registration Director o oijor DENR for the issuance of patent and Register of Deeds for issuance of OCT; and = For native title over and Through the NCIP both ancestral lands (AGCAOILI, supra at 123). domains REQUIREMENT a lL LA pps: Gl 3ULE: Only Filipino Citizens can acquire“private or public agricultural lands. (CONST,, Art. XII, Sec. 7). ONS: in case of hereditary succession, aliens may be a transferee of private lands (CONST., Art Xil, Sec. 7); and b. Anatural-born citizen of the Pt has lost his Philippine transferee of private lands, subject to limitations provided by law (CONS., Art Xil, Sec. 8). a Limitations: “ a. Any natural-born citizen of. .the Philippines who has lost his Philippine citizenship and who has the legal capacity to enter into a contract under Philippine laws may be a transferee of a private land up to ‘a maximum atea of one thousand (1,000) square metérs, in the case of urban land; or ‘one (1) hectare’in the ‘case of rural land, to be used by himas his residence (B.P. Big. 185, Sec. 2); : Inthe case of married couples, one of them may avail of the privilege granted above; provided, That if both shall avail of the same,the total area acquired shall not exceed the maximum authorized (B.P. Big. 185, Sec. 2); c. Incase the transferee already owns urban or rural lands for residential purposes, he shall still be entitled to be a transferee of additional urban or rural lands for residential Purposes which, when added to those already owned by him, shall not exceed the ‘maximum areas herein authorized (B.P. Big. 185, Sec. 2); 4. A natural-born who has lost his Philippine citizenship and who has the legal capacity to enter into a contract under pine laws may be a transferee of a private land up toa maximum area ‘of five thousand (5,000) square meters in the case of urban land or three (3) hectares in the case of rural land to be used by him for business or other purposes (R.A. No. 7042,- Sec. 10, as amended by RA, acquired shall_not_ex: fixed (RA. No. 7042, axle Alread ines: by him, shall not ex _ authorized (R.A. NOTE: The acquisition by al in case of hereditary success! limitations (Repubiic v. CA al a GR. No. 108998, August 24, 199: Aliens may lease Private Lands While aliens. are disqualified “from acquiring ands of public domain, they may however lease private lands. (id. at 191). Citizens of the Philippines may lease not more than five hundred (500) hectares, or acquire not more than twelve (12) hectares thereof, by purchase, homestead, or grant (CONST., Art Xil, Sec. 3). A lease to an alien for a reasonable period is valid. So is an option giving an alien the right to buy real property on condition that he is granted Philippine citizenship. Aliens are not completely excluded by the Constitution from use of lands for residential purposes. Since their residence in the Philippines is temporary, they may be granted temporary rights such as a lease L MANS Biss 1953). é LAND TITLES AND DEEDS Civil Law contract. which is not forbidden by the Constitution. Should they desire to remain here forever and share-our fortune and misfortune, Filipino citizenship is not impossible to acquire (Philippine Banking Corporation v. Lui She, G.R. No. L-17587, September 12, 1967, citing krivenko v. Register of Deeds (1947)). ‘The only instance where a contract of lease may be considered invalid is, if there are circumstances attendant to its execution, which ‘are used as a scheme to circumvent the constitutional prohibition. Ian alien is given not only a lease of, but also an option to buy, a piece of land, by virtue. of which the Filipino owner cannot sell or otherwise dispose of his property, this to last for 50 years, then it becomes clear that the-arrangement is a virtual transfer of ownership whereby the owner enjoysihe land Gus possidendi, jus utend, jus ther, and jus abutend!) — rights, the sum of ‘maké\up ownership, It is just as if today mee sssion,is transferred, tomorrow the use, tha\nextday'thie disposition, and so on, untl Ultimately, all the\rights of which ownership is Up dreccéiisblidated in an alien (Philippine Corporation v. Lui She, G.R. No: L- SoptSmber, 12, 1967; Llantino v. Co Chong—G-R. No. 1-29663, August No.8179); ““~divests himself in stages not only of the right to e. Inthe case of married couples, offe ofthem U N e 1 a oy may avail ofthe privilege granted: But shall avail of the samefthe oBeaee the ‘Banking (in pari delicto) tion waS answered in the negative in Rellosa v. Gaw Chee Hun 10 vendor was" in pari delicto vendee (AGCAOILI, supra at 187; , Gaw Chee Hun, G.R. No. L-1411, Effect of Subsequent Naturalization of the Transferee IF land is invalidly transferred to an alien who subsequently, becomes a Filipino citizen or transfers it to a Filipino, the flaw in the original transaction is considered cured and title of the transferee is rendered valid (Borromeo v. Descallar, G.R. No. 159310, February 24, 2009). Rationale: The ban on aliens is intended to preserve the nation’s land for future generations of Filipinos (Muller v. Muller,-G.R. No, 149615, ‘August 29, 2006). {Alie bs payra “i Favor of Foreign Government Diplomeecd, 28 Chancery or Residence of Re ae Representatives aliendton ation 9. the Constitution against ADDI erie ands in favor of aliens does not Sovernmaenation of the same in favor of foreign reolooreemts, be used as chancery and Of its diplomatic representatives. As ji {SParofs eat obigaton uncer ntematonl aegsh®, State. shall_ ether faciitate the Teen On its territory, the premises ecessary forthe mission by a sending stale, or the latter in obtaining accommodations in the country (Vi : Relations, 7 ; ee Convention on Diplomatic The State shall also, when necessary, a oan . blaring scoommodations for Is fienna Convent jplomati anaes tenas. convent 60 Diplomatic. Foreigners are Allowed to Condominium Units Aliens may acquire. condominium units shares in condominium corporations up to more than 40% of the total and outsta capital stock of a Flipino-owned orgénirolled corporation (R.A. 4726, The Condéminjum Act; Sec. 5). h “ Under this setup, the ownership of,the land is, legally separated from the| itself, Bho the constitutional proscription against alle ‘owning real property does not Spply.(# Builders, Inc., G.R. No. 156364, 2008). ‘ Corporations : GENERAL ; RULE: Private corporatio' associations are not legally quali alienable lands of public domain except through lease (CONST., Art. Xil, Sec. 3). : EXCEPTION: By lease, for @ period not exceeding twenty-five (25) years, renewable for ot more than twenty-five (25) years, and not to pyesed one thousand (1,000) hectares in area (CONST, Art Xil, See. 3) JON TO. THE. -EXCEPTION: EXCEPTION aims to the property acquired 2338 Constitution: prohibited. the ‘of the public domain, | lands, ‘subject to vested excert So | tutte time ofits adoption (AtoK- ng ig co. v. CA and Consl GR No. 88863, Jane” 78, 1991). i” Ifthe predecessors-in-interest of the corporation have been in possession of the land in question since June 12, 1945 or earlier, then it-may rightfully apply confirmation of title to the land. ‘That vested right has to be respected (Director of Lands v. IAC and Acme Plywood & Veneer. Co. Inc., G.R. No. 73002, December 29, 1986). NOTE: Filipino corporations. and associations may acquire private land. “The prohibition does not apply to land no longer publi land and are thus private land (Director Pf Lands v. IAC and Acme Plywood & Veneer Go. Inc., G.R. No. 73002, December 29, 1986). Limitations: - a. Private Lands i. At least 60% of whose capital is owned by Filipino citizens to acquire private land; ii. Restricted as to the extent reasonably necessary to enable it to cary out purpose which it was created; ii, Ifengaged in agricultural ~ restricted to 6fj024 hectares; and “Applicable to Filipino corporations only NST,, Art. XII, Sec. 2). the purpose of the sixty per centum requirement is obviously to ensure potations or associations allowed to tural land oF to exploit natural ssollfees:Shall be controlled by Filipinos; and the spirit of the Constitution demands that in the absence of capital stock, the controlling . membership, should be jmposed of Filipino citizens (Register of Deeds of Rizal v. Ung Siu Si Temple, G.R No. L-6776, May 21, 1955). b. Patrimonial Property of State ‘The law used the term “shall” in-pr@ScibiAgf the work to be done by the Commissioner id setting the time for initial hearing to 2B plished once in the Official Ga: and . newspaper of general circulatiét Philippines (Director of Lands Vi<@A, 102858, July 28, 1997). Registration Decree expressly provi publication in: the Official Gazette shall be Sufficient to confer jurisdiction upon the land registration court, it still affirms its dectaration in Director of Lands v. Court of Appeals that publication in a newspaper of general circulation js mandatory for the land registration court to validly confirm and register the title of the applicant or applicants. ‘That Section 23 of the. Property Registration . Decree enumerated and described in detail the requirements of publication, mailing, and posting PeAine Notice of Inial Hearing, then all such or quirements, inuding publication ofthe Notice requirermuspaper of general circulation, is bssential ‘and imperative, and must be strictly ‘complied with. Tati ines, Itmay be asked why publication in a newspaper of general circulation should be deemed mandatory when the law already requires notice by publication in the Official Gazette as well as by mailing and posting, all of which have already been complied with in the case at hand. The reason is due process and the reality that the Official Gazette is not as widely read and circulated as newspaper and is oftentimes delayed in its circulation, such that the notices published therein may not reach the interested parties on time, ifat all. Additionally, such parties may not be owners of neighboring properties, and may in fact not own any other real estate. In ‘sum, the all-encompassing in rem nature of land registration cases, the consequences of default ‘orders issued against the whole world and the objective of disseminating the notice in as wide a manner as possible demand a mandatory construction of the requirements for publication, mailing and posting (Republic v. Herbierto, G.R. No. 156117, May 26, 2005). NOTE: If the publication is made after the date of the initial hearing, the entire proceeding will Igand void because publication must ie hearing. This is because the court le to acquire jurisdiction over the spublic v. CA, G.R. No. 100995, the application of the land involved, and B...,invite them to take part in the case and nt_and prove their rights over the property subject thereof (AGCAOILI, supra at 150). 6. SERVICE OF NOTICE Service of -notice upon adjoining owners, occupants and those. known to have interest in the property by the sheriff (Id. at 182). Modes of giving the public notice of Initial Hearing: (Mandatory) a. Publication; b. Mailing; or ©. Posting (P.D. 1529, Sec. 23). Said notice shall be addressed to all persons appearing to have an interest in the land involved including: a. Adjoining owners so far as know; and b. To all whom it may concern or those who have interest in the property.A << Mailing Within 7 days after the publication of the said notice, mailing of notice to: a. Every person named in the notice whose address is known; Ifthe applicant requests to have the line of a Public way or road determined: Secretary of Public Highways, Provincial-Governor and the Mayor of the municipality or city, as the case may be, in which the land lies. ¢. If the land borders on a river, navigable stream or shore, or an arm of the sea where a river or harbor line has been established, or on a lake, or if it otherwise appears from he application or the proceedings that a tenant-farmer or the national govemment may have a claim adverse to that of the applicant: Secretary of Agrarian Reform, Solicitor General, Directors of Land [now Director of Land Management Byreauj; ~~ EDS LAND TITLES AND DEEDS NOTE: Interest may be in the character of: i. Legal owner; ji, Equitable owner; or lil, Beneficiary of trust Apply for the remedy desired; and & Slgned and sworn to by him or by some other duly authorized person (P.D. No. 1529, Sec. 25). of Default a time allowed, the court shall, upon motion of the applicant, no reason to the contrary appearing, order a general default to be recorded and require the applicant to present evidence. By the description in the notice "To all Whom It May Concern’, all the world is made parties defendant and shall be concluded by the default order (P.D. 1529, Section 26, Par. 1). /\] whete-an appearance has been entered and an Director of Public Works, Dire if Forest Development, Director’ of 7 es{ and <1 afswer;fled, a special default order shall be ¢ : Director of Fisheries and (P.D. No. 1529, Sec. 23, urce Posting A duly attested copy hearing to be posted /by- province or city, as the} deputy, in a conspicuobs pi of land included in the conspicuous place on ite bill ipal building of the ‘oh which the land or portion ther least fourteen (14) days bl hearing (P.D. No. 1529, S jay be, lor by.his ‘on eath parcel’. n, and’also in a 'boatd;of-the: may deem proper. 7. ANSWER Filing of answer or opposition fo the application by any person whether named in the notice or not (AGCAOILI, supra at 132). Who May File ‘Any person claiming an interest, whether named in the notice or not, may appear and file an opposition on or before the date of initial hearing, or within such further time as may be allowed by the court (P.D. 1529, Sec. 25). Requisites for Oppositions: a. Set forth objections to the application; b. State the interest claimed by the Opposition; and Tene “entered against persons who did not appear and ns¥ 2D. 1529, Section 26, Par. 2). arse? a. irder\ of iGei eral Default — Covers the hole World and covers persons who did not ippear \aiid ‘file an answer (AGCAOILI, pra af 174) 7 b. /Order of Special Default — Covers persons {ib® appeared and asked for an extension Leattimelto tis dnswer or opposition yet they 4/Spwereshot ablé to file opposition within the given extension of time (Id. at 171). ike fault: Spect tothe Applicant — He has the to present or adduce evidence ex parte OBLEJAS, supra at 153), b. With respect to those covered by the Default Order — They have no legal standing in the court. Therefore, they are no longer allowed {0 participate and no opportunity to present evidence (Id at 153), Remedies Available to Person/s Covered by Defaul a. If Before Judgment — Motion, under oath to set aside the default order Grounds: (FAME) ince Accident; Mistake; or iv. Excusable Negligence. In addition to the abovementioned grounds, the person must also interpose that he hac @ meritorious defense (Martinez v. Republic,harm, wrten RY AID GR. nx . Gute oF St pS oe ule % b, an Sreeugament but Before it is Final i. cour By trial (RULES OF ae FAME or Newly Discovered Must be filed wi bin feon (15) after order of detaut src) Motion for Reconsid seu leration (RULES OF rounds: Damages awarded excessive; Insufficiency of Evidence, Pecision oF Final Order is contrary to Ww Appeal to the Court of Appeals ig oh @ Ordinary Appeal (RULES OF 4 COURT, Rule 41 [2a)) Woes b. Petition for Review (RULES 1 J COURT, Rule 42) 4“ is jisions of P.D. itis t inconsistent with the provisions | tis trees egarton and cadastral , cases by analogy OF in oe ‘suppletory ‘character and whenever practicat and convenient (P.D. 4529, Sec. 34). nce to a Referee “A a: Foret court shall see to it that all registration proceedings are disposed within ninely (90) Gays from the date the case Is submitted for decision. i the ‘The Court, if it deems necessary, may refer th case or any part thereof to a referee (clerk of court) who shall hear the parties and their evidence. ‘The referee shall submit his report thereon to the Court within fifteen (15) days after the termination of such hearing. Hearing before a referee may be held at any convenient place within the province or city as may be fixed by him and after reasonable notice thereof shall have been served the parties e mee (P.D. 1529, Sec. 27). Pr The Gouhts possible actions as regards the |v. Appeal by Certiorari to the Suprem rofereesaireport: (MARS) Court (RULES OF COURT; Rul. 45).~ a, Mouity the report; in all cases where ont 38h Ae : Inall cases were b. Aécept the same and use it as basis for on Failure to file a trial,” teconsideration or “appeal,.iwithin tha) reglementary “period “will, 4 » judgment final and exectitory. 3) * ¢. Ifjudgment becomes final an = Petition for relief from judgt Rule 38 of the Rules of Court. Ground: FAME Must be filed within sixty (60) days from knowledge of judgment but not beyond six (6) months from entry of judgment, A party declared in default retains the right to appeal on the ground that the plaintiff failed to prove the material allegations of the complaint, or that the decision is contrary to taw, even without the need of Prior filing of a motion to set aside the order of default (Martinez v. Republic, G.R. No. 160895, October 30, 2006). 8. HEARING Hearing of the case by the court; Reception of evidence is governed by provisions of P.D. 1529 and the Rules of Cour, insofar as, iddgment; omBaznl case to the referee for further 104 and. d. Set’ aside the report in whole or part (P.D. (529, Sec. 27). “illiatters to be established: (|-PILA) a. Issue of ownership; b. Possession and occupation of the land; ©. Identity and description of the land; d. Land is alienable and disposable of the public domain; and @. Applicant has acquired the land through any ‘other modes of acquiring ownership (Heirs of Mario Malabanan v. Republic, G.R. No. 179987, Nov. 10, 2014). NOTE: Judgment refers’ to adjudication, determination and. resolution of the question of ownership. Partial Judgment In a land registration proceeding where only a portion of the land subject of registration is contested, the court may render partial judgment provided that @ subdivision plan showing the contested and uncontested portions approved by the Director of Lands is previously submitted to said court (P.D. 1529, Sec. 26). my fa} Wy rT} q fa) 4 Ei a] iT) sy =Judgment Confirming Title All conflicting claims of ownership and interest in the land subject of the application shall be determined by the court. If the court, after considering the evidence and the reports of the Commissioner of Land Registration and the Director of Lands, finds that the applicant or the Oppositor has sufficient tile proper for registration, judgment shall be rendered confirming the tile’ of the applicant, or the oppositor, to the land ot portions thereof (P.D. 1529, Sec. 29). The judgment rendered in a land registration proceedings becomes final upon the expiration of thirty (30) days to be counted from the data of receipt of notice of the judgment. An appeal may be taken from the judgment of the court as in ordinary civil cases (P.D. 1529, Sec. 30). Kinds of Di a. With prejudice (provided already final and executop/)~ 7 0” i. Principle of res ju arty can no longef b. Without prejudice i. The party may r Ree ae P toulack nt fnisgal is di of evidence presented by the appli (NOBLEJAS, suprajaf78), “| Remedies: a. When order of dismis executory — Motion for filed fifteen (15) days. from judgment (RULES OF COURT, Rule37)~=+! b. When order of dismiss executory — File a new application/ for registration (RULES OF COURT, ‘Rule.37). 9. DECREE OF CONFIRMATION AND REGISTRATION Issuance of dectee or order by the court declaring the decision final. and executory and ordering the Land Registration Authority (LRA) to issue a Decree of Confirmation and It is not the court but the LRA who issues the decree of confirmation and registration.. This duty to issue the decree of registration does not prescribe (Republic v. Nillas, G.R. No. 159598, Jan. 23, 2007). One (1) year after the issuance of the decree, it becomes incontrovertible and amendments of the same will not be allowed, except merely in case of clerical errors (P.D. 1529, Sec. 32). U Ny Relative priorities; mH Farther estates; Y) “4 applies, The. padation Hiudgmient:is. al is jot yetin a 4 uiet tt ni omar | Le ns oF li LAND TITLES AND DEEDS Civil Law 10. ENTRY OF DECREE Entry of decree in the Land Registration Authority; This serves as the reckoning date to determine the 1-year period from wi impugn the validity of the registr 1529, Sec. 32). Contents of the Decree of Registration a. Date, hour and minutes of the entry of the decree; b. Signature of administrator, ©. Civil status of the owner and if married, the name of the husband or wife; if conjugal property, the decree shall be issued in the name of both spouses; : d._ If the owner is under disability, his nature of disability; ‘e. If the owner is a minor, his age; ~<-wemu.f. Description of the land; val gs Estate of the owner; Aw 1k WLeh wer ES Am, tach ient ther éricumbtances; and Rights f fhe-tenant-farmer; and As well 2s any bther matters properly to be” 1607) pursuance of this Decree, aS mT . MOTE: T fad an decr&¢ of registration shall bind the thereto, subject only to such IS as may be provided by law. ynclusive upon and against all ‘\Pult shall be jsincldding the National Government and f Sr Neco Meee thereof, whether mentioned by fainevin the application or notice, the same MA‘& a nt included in the general description “To All Whom It May Concer” (P.D. 1529, Sec. 31). GENERAL RULE: Registered owner receiving certificate of.title in’ pursuance of a decree of registration, and every subsequent purchaser of egistered land taking a certificate of title for value and in good faith, shall hold the same free from all encumbrances (P.D. 1529, Sec. 44). Limifations: Statutory Liens a. Liens, claims or rights arising or existing under the laws and Constitution of the Philippines which are not by law required to appear of record in the Registry of Deeds in order to be valid against subsequent Purchasers or encumbrancers of record; b. Unpaid real estate taxes levied and assessed within two (2) years immediately Preceding the acquisition of any right overRat. ow. MEMORY AID ace Uerany Lam = ROCT Bar Operations Cortes the land by an innocent purchaser for value, without prejudice to the right of the Saromment to collect taxes payable before ric eatip from the delinquent taxpayer Any public highway or private way established or recognized by law, or any government irrigation or lateral thereof, if the Certificate of title does not state that the boundaries of such highway or irrigation canal or lateral thereof have been determined; and 4d. Any disposition of the property oF limitation on the use thereof by virtue of, or pursuant to, P.D. No. 27 or any other law or regulations on agrarian reform (P.D. 1529, Sec. 44). Remedies of Parties Adversely Affected by Judgment in the Registration Proceedings: a. Motion for New trial on the grounds of FAME; Motion for Reconsideration (RULES 0 OF COURT, Rule 37); AGS b. Appeal to the CA or SC pursuant to Sectlor 33 PD 1529; Ly: c. Petition for Relief from judgment (RULES OF COURT, Rule 38) on the grounds of 17 FAME, filed sixty (60) days fromsféceipt of i notice of judgment, but not more than six (6){ 2) months; | wae d. Action for Reconveyance, filed wititen (10) years but not available against innocent™, | purchaser for value; (99% ca? J e. Action for damages against appliganl/or * persons who perpetrated fraud, 9? f. Claim against the Assurance’ Fund; Cancellation of Title or’ Anfulment of Judgment (RULES OF COUR; (e.g. foreshore land, published, Official Gazette), h. Petition to Reopen or Review the Dectée of Registration (P.D. 1529, Sec. 32), filed within a year from entry of Decree of Registration on the ground of actual fraud; and i. Criminal Action for Perjury against the party who obtains registration through fraud * (People v. Cainglet, G.R. Nos. L-21493-94, April 29, 1966); and J. Action for Reversion (Sec 101, Ca No. 141). 11.SENDING AND TRANSCRIPTION OF THE DECREE ‘a. Sending of copy of the Decree to .the corresponding Register of Deeds; and b. Transcription of the Decree in the registration book and issuance of the owner's duplicate Original Certificate Title of the applicant by the Register Deeds upon payment of the prescribed fees (P.D 1529, Sec. 39) NOTE: In Judicial Confirmation of Imperfect or Incomplete title, the above mentioned steps must also be complied with (CA. 141 as ‘amended, Sec. 48(b)). C.A. 141, SECTION 41 (JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE) DISTINCTION BETWEEN P.D. 1529 AND C.A. NO. 141 PROPERTY. REGISTRATION DEGREE (P.D. 1529) [at Tuete DY Coa (CA. NO. 141) Public Land Act presupposes. that the land subject of the application belongs to the Stale, and that the occupants, and Possessors. claim interest only in the same by virtue of their imperfect. title of continuous, open, notorious possession. The court may dismiss | The court has the power the application with or} and - jurisdiction to without prejudice adjudicate the land in favor of any’. of the conflicting claimants The applicant runs the | The applicant runs the risk of the possibilty of | risk of losing the land the denial of his subject of the application application i finally arrive ile the goal at which the two laws fin inne sume namely, a Torrens tte, which aims at complete extinguishment once and fora of Fate Sdverse to the record title, one law contallnd Certain advantages not found in the ofher 1 A simitarly certain provide different routes (0 ultimate goal.