LTD Sky Notes

LAND
TITLES AND DEEDS

CREATED BY: SAMANTHA V. MAKAYAN
When the time is right, I, the Lord,

will make it happen
PROFESSOR: ATTY. CHRIZELLIE K. ALMENDRAL

LAND TITLES AND DEEDS
TABLE OF CONTENTS ALIENABLE AND DISPOSABLE LANDS .............. 11
REGISTRABLE AND NON-REGISTRABLE
I. INTRODUCTION ....................................... 3 LANDS .............................................................................. 12
GENERAL PRINCIPLES ............................................... 3 Registerable Lands .................................................. 12
Regalian Doctrine; Concept; Rationale .............. 3 Non-Registerable Lands ........................................ 12
Concept of Regalian Doctrine .................................. 3 Specific kinds of non-registerable properties or
Exception to the Regalian Doctrine (XPN) ......... 3 lands ................................................................................ 12
Time immemorial possession for native title .. 3
Regalian doctrine does not negate native title 3 III. ACQUISITION OF LAND .................... 12
Effects (Jurisprudence) .............................................. 3
CITIZENSHIP REQUIREMENT; NATURAL
Constitutional Basis .................................................... 4 PERSONS ........................................................................ 12
TITLE ................................................................................. 4 Limitations .................................................................... 12
Definition ......................................................................... 4 ACQUISITION BY A CORPORATION .................... 13
Certificate of Title ........................................................ 4 Limitations .................................................................... 13
Religious Association Controlled by Non-
Title vs. Certificate of Title ....................................... 4 Filipinos .......................................................................... 13
Private corporations or associations ................... 5
ACQUISITION OF ALIENS ........................................ 13
Modes of Acquiring Title ........................................... 5 Effect of Subsequent Naturalization of the
Prescription .................................................................... 5 Transferee ..................................................................... 14
Republic Act 1899 (Reclamation) ......................... 6 Alienation in favor of foreign government to be
Descent or Devise ......................................................... 6 used as chancery or residence of diplomatic
Accretion .......................................................................... 6 representatives ........................................................... 14
Voluntary Transfer ...................................................... 7 Foreigners are allowed to purchase
Involuntary Alienation ............................................... 7 condominium units ................................................... 14
Native Title ...................................................................... 7
Emancipation of Patent or Grant ........................... 7 IV. TORRENS SYSTEM ............................. 14
LAND REGISTRATION ................................................ 7 HISTORY; CONCEPT; DEFINITION ...................... 14
Land Title; Deed; Definition and Distinction ... 7 Definition ..................................................................... 14
Registration of Title vs. Recording of Evidence History ........................................................................... 14
.............................................................................................. 7 Concept ......................................................................... 15
Land Registration ........................................................ 7 Registration under the Torrens System is a
proceeding in rem ...................................................... 15
System of Registration in the Philippines .......... 8
Effects of issuance of title ....................................... 15
Laws implementing Land Registration in the Registration under Act No. 3344 ineffective
Philippines ...................................................................... 8 against third persons ............................................... 15
Purpose of Land Registration ................................. 8 TORRENS TITLE; DEFINITION .............................. 15
Effects of Land Registration .................................... 8 Agencies implementing land registration
proceedings under the Torrens System ........... 15
Advantages of Registration ..................................... 9
Certificate of Title ..................................................... 15
Nature of Land Registration; Burden of Proof 9
Splitting or Consolidation of titles ...................... 16
II. CLASSIFICATION OF LANDS ............... 9 Attributes and Limitations on Certificates of
Title and Registered Lands .................................... 16
The Regalian Doctrine ............................................... 9
PURPOSE OF ADOPTING TORRENS SYSTEM .. 17
4 classifications of land ............................................. 9
ADVANTAGES OF THE TORRENS SYSTEM ...... 18
Burden of proof to prove classification (GR) ... 9
Reversion proceeding (XPN) ................................... 9
V. DECREE OF CONFIRMATION AND
REGISTRATION ......................................... 18
Power to classify lands is an executive
prerogative .................................................................. 10 DECREE OF REGISTRATION ................................... 18
PRIVATE OR PUBLIC; CONCEPT AND ORIGINAL VS. SUBSEQUENT REGISTRATION 19
DEFINITION .................................................................. 10 Original Registration .............................................. 19
Private Lands .............................................................. 10 Subsequent Registration ....................................... 20
Tidewater lands .......................................................... 10 VOLUNTARY VS. INVOLUNTARY
Swamps and marshes ............................................... 10 REGISTRATION ........................................................... 20
Mangroves ..................................................................... 10
Voluntary Registration .......................................... 20
Public Lands ................................................................ 10

1 Land Titles & Deeds Reviewer by S. V. Makayan

Involuntary Registration ....................................... 21 VIII. REVIEW OF DECREE OF
INDEFEASIBILITY OF TITLE .................................. 22 REGISTRATION ......................................... 48
MIRROR DOCTRINE; EXCEPTIONS ..................... 23 RELIEF FROM JUDGMENT ...................................... 48
General Rule ................................................................ 23 APPEAL ........................................................................... 49
Exceptions to the Doctrine’s Applicability ..... 23 PETITION FOR REVIEW ........................................... 49
Double Sale .................................................................. 23 Grounds for Review of Decree ............................. 49
Mirror Doctrine applies to the right of a Requisites for Review of the Decree .................. 50
mortgagee .................................................................... 25 ACTION FOR RECONVEYANCE ............................. 50
Trust ............................................................................... 25 ACTION FOR DAMAGES ........................................... 51
ADVERSE CLAIM; NOTICE OF LIS PENDENS ... 26 CANCELLATION OF TITLE ...................................... 51
Adverse Claim ............................................................. 26 QUIETING OF TITLE .................................................. 51
Notice of Lis Pendens ............................................... 27 REVERSION ................................................................... 51
REMEDY IN CASE OF LOST TITLE ........................ 29
Reconstitution of certificate of title .................. 29
Juridical reconstitution .......................................... 30
Administrative reconstitution ............................. 30
VI. ADMINISTRATION OF THE
TORRENS SYSTEMS ................................. 31
LAND REGISTRATION AUTHORITY .................... 31
REGISTER OF DEEDS ................................................. 31
EN CONSULTA; DEFINITION; PURPOSE ........... 32
VII. SYSTEMS OF REGISTRATION ....... 33
ORIGINAL REGISTRATION; NATURE;
JURISDICTION; EXCEPTION ................................... 33
Voluntary ...................................................................... 34
Property Registration Decree (P.D. 1529) ....... 34
Judicial Confirmation of Imperfect or
Incomplete Title (C.A. 141) .................................... 35
Involuntary .................................................................. 36
Cadastral proceedings .............................................. 36
REGISTRATION UNDER R.A. 8371 ...................... 38
Constitutional Basis ................................................. 38
Who may apply? ........................................................ 38
Ancestral Domains vs. Ancestral Lands .......... 39
Time Immemorial; Concept .................................. 40
Certificate of Ancestral Land Title vs
Certificate of Ancestral Domain Title .............. 40
REPUBLIC ACT 11573 ............................................... 40
SUBSEQUENT REGISTRATION ............................. 42
Voluntary dealings ................................................... 42
Involuntary dealings ............................................... 45
Attachments .................................................................. 45
Adverse claim ............................................................... 46
Sale on execution or for taxes or for
assessment .................................................................... 47
Notice of lis pendens ................................................. 48


been held in the same way before the Spanish
I. INTRODUCTION
conquest, and never to have been public land.

GENERAL PRINCIPLES Time immemorial possession for native title

Refers to a period when as far back as memory
Regalian Doctrine; Concept; Rationale can go, certain ICCs/IPs are known to have
occupied, possessed in the concept of owner, and
Concept of Regalian Doctrine utilized a defined territory devolved to them, by
operation of customary law or inherited from
Regalian Doctrine (jura regalia). It is the their ancestors, in accordance with their customs
capacity of the State to own or acquire property is and traditions [R.A. 8371, Sec. 3(p)].
the state’s power of dominium. It refers to royal
rights, or those rights which the King has by virtue Sec. 3(a) of P.D. No. 705 states that public forest is
of his prerogatives. the mass of lands of the public domain which has
not been the subject of the present system of
Republic v. Santos classification for the determination of which
Simply, the State is the original proprietor of all lands are needed for forest purposes and which
lands and, as such, is the general source of all are not.
private titles. Absent a clear showing that the land
had been into private ownership through the NOTE: Unclassified land cannot be considered as
State’s imprimatur, such land is presumed to alienable and disposable land of public domain
belong to State pursuant to the Regalian Doctrine.

Republic v. Sin Regalian doctrine does not negate native
GR: All lands of whatever classification and other title
natural resources not otherwise appearing to be
clearly within private ownership are presumed to Cariño v. Insular Government
belong to the State which is the source of any When, as far back as testimony or memory goes,
asserted right to ownership of land. the land has been held by individuals under a
claim of private ownership, it will be presumed to
Under the concept of jura regalia, private title to have been held in the same way before the
land must be traced to some grant, express or Spanish conquest.
implied, from the Spanish Crown or its
successors, the American Colonial Government, Effects (Jurisprudence)
and thereafter, the Philippine Republic. The belief
that the Spanish Crown is the origin of all land Republic v. Sin
titles in the Philippines has persisted because title All lands of whatever classification and other
to land must emanate from some source for it natural resources not otherwise appearing to be
cannot issue forth from nowhere. It refers to royal clearly within private ownership are presumed to
rights, or those rights which the King has by virtue belong to the State, which is the source of any
of his prerogatives. asserted right to ownership of land.

Exception to the Regalian Doctrine (XPN) Republic v. Tri-Plus Corporation
Public lands not shown to have been reclassified
Cruz v. Secretary of DENR or released as alienable land or alienated to a
The Regalian Doctrine does not negate native title private person by the State remain part of the
to lands held in private ownership since time inalienable public domain.
immemorial.
Republic v. CA
Cariño v. Insular Government Applying the Regalian Doctrine, the State owns all
Any land under native title, or those that should waters and lands of the public domain, including
have been in the possession of an occupant and of those physically reclaimed. As a general rule, only
his predecessor-in-interest since time the National Government can reclaim foreshore
immemorial is an exception to the Regalian lands and other submerged areas.
Doctrine. Such possession would justify the
presumption that the land had never been part of Republic v. Candy Maker
the public domain or that it had been private Property of the public domain is beyond the
property even before the Spanish conquest. When commerce of man and not susceptible of private
as far back as testimony or memory goes, the land appropriation acquisitive prescription.
has been held by individuals under a claim of Occupation thereof and in the concept of owner,
private ownership, it will be presumed to have no matter how long, cannot ripen into ownership
and be registered as title.


TITLE
Republic v. Jabson
That land has been removed from the scope of
Regalian Doctrine and reclassified as part of the Definition
public domain’s alienable and disposable portion
cannot be assumed or implied. The prevailing rule The right of the owner or the extent of his interest
is that the applicant must clearly establish the and by means of which he can maintain control,
existence of a positive act of the government. and as a rule, assert his right to the exclusive
possession and enjoyment of the property.
Diaz-Enriquez v. Director of Lands
The burden of proof in overcoming the Certificate of Title
presumption of the State ownership of the lands
of the public domain is on the person applying for Tiro v. Phil. Estates Corporation
registration (or claiming ownership), who must It is only mere evidence of ownership. It is not a
prove that the land subject of the application is source of right or title to the land but merely
alienable or disposable. To overcome this confirms or records a title already existing and
presumption, incontrovertible evidence must be vested.
established that the land subject of the
application (or claim) is alienable or disposable. A certificate of title issued is an absolute and
indefeasible evidence of ownership of the
Constitutional Basis property in favor of the person whose name
appears therein. It is binding and conclusive upon
Section 2, Article XII, National Economy and the whole world. All persons must take notice,
Patrimony. All lands of the public domain, and no one can plead ignorance of the
waters, minerals, coal, petroleum, and other registration.
mineral oils, all forces of potential energy,
fisheries, forests or timber, wildlife, flora and 2 TYPES UNDER THE TORRENS SYSTEM
fauna, and other natural resources are owned by A Transfer
An Original Certificate
the State. With the exception of agricultural Certificate of Title
lands, all other natural resources shall not be of Title (OCT)
(TCT)
alienated. The exploration, development and Constitutes a true copy Issued subsequent to
utilization of natural resources shall be under of the decree of the original
the full control and supervision of the State. The registration registration.
State may directly undertake such activities, or

it may enter into coproduction, joint venture, or
Title vs. Certificate of Title
production-sharing agreements with Filipino

citizens, or corporations or associations at least
The Supreme Court clarified that a title is
sixty per centum of whose capital is owned by
different from a certificate of title.
such citizens. Such agreements may be for a

period not exceeding twenty-five years,
renewable for not more than twenty-five years, CERTIFICATE
TITLE
and under such terms and conditions as may be OF TITLE
provided by law. In cases of water rights for It is the lawful cause or
It is mere
irrigation, water supply, fisheries, or industrial ground of possessing that
evidence of
uses other than the development of which is ours. It is that
ownership; it is
waterpower, beneficial use may be the measure which is the foundation of
not the title to
and limit of the grant. ownership of property, real
the land itself.
or personal.
Collado v. CA
Both the 1935 and the 1973 Constitutions NOTES:
prohibited the alienation of all natural resources, - Tax declarations and corresponding tax
except agricultural lands of public domain. The receipts cannot be used to prove title to or
1987 Constitution readopted this policy. Indeed, ownership of a real property inasmuch as
all lands of the public domain as well as all natural they are not conclusive evidence of the same.
resources enumeration in the Philippine - Although tax declarations or realty tax
Constitution belong to the State. payments of property are not conclusive
evidence of ownership, nevertheless, they are
good indicia of possession in the concept of
owner, for no one in his right mind would be
paying taxes for a property that is not in his
actual or at least constructive possession.
They constitute at least proof that the holder
has a claim of title over the property. As is


well known, the payment of taxes, coupled concept of an owner, public, peaceful,
with actual possession of the land covered by uninterrupted, and adverse.
the tax declaration, strongly supports a claim
of ownership. 1. Possession is open when it is patent, visible,
apparent, notorious, and not clandestine.
Private corporations or associations 2. It is continuous when uninterrupted,
unbroken, and not intermittent or occasional.
GR: Private corporations or associations may not 3. It is exclusive when the adverse possessor
hold such alienable lands of public domain (Sec. 3, can show exclusive dominion over the land
Art. XII, 1987 Constitution). and an appropriation of it to his own use and
benefit.
XPN: By lease, for a period not exceeding 25 4. It is notorious when it is so conspicuous that
years, renewable for not more then 25 years, and it is generally known and talked of by the
not to exceed 1,000 hectares in area (Sec. 3, Art. public or the people in the neighborhood.
XII, 1987 Constitution).
The burden of proof is on the person seeking
Atok-Big Wedge Mining Co. v. CA and Consi original registration of land to prove by clear,
XPN to XPN: Possessory claims to the property positive, and convincing evidence that his
acquired before the 1935 Constitution possession and that of his predecessors-in-
proh8ibited the alienation of all lands of the interest was of the nature and duration required
public domain, except agricultural lands, subject by law.
to vested rights existing at the time of its
adoption. NOTE: The law in force at the time an action
accrues is what governs the proceeding
Modes of Acquiring Title consistent with the fundamental dictum that laws
shall have no retroactive effect unless the
NOTES: contrary is proved. Along the same vein, a court’s
- Lands covered with a Torrens Title cannot be jurisdiction depends on the law existing at the
acquired by prescription. time an action is filed and a law continues to be in
- Registration is NOT a mode of acquiring force with regard to all rights which accrued prior
ownership, for it merely confirms the fact of to the amendment thereof.
its existence with notice to the world at large.
Public land may be acquired by prescription when
Prescription there is a grant, express or implied, from the
government; it is indispensable that there be a
Open, continuous, exclusive, notorious showing of title from the state. Indeed, the
possession of a property. possession of public agricultural land, however
long the period may have extended, never confers
Unlike Section 14(1) which requires an open, title thereto upon the possessor.
continuous, exclusive, and notorious manner of
possession and occupation since June 12, 1945, or Rationale: The statute of limitations with regard
earlier, Section 14(2) is silent as to the nature and to public agricultural land does not operate
period of such possession and occupation against the State, unless the occupant can prove
necessary. This necessitates a reference to the possession and occupation of the same under
relevant provisions of the Civil Code on claim of ownership for the required number of
prescription: years to constitute a grant from the State.

Article 1137, Civil Code. Ownership, and other While Art. 1134 of the Civil Code provides that
real rights over immovables also prescribe ownership and other real rights over immovable
through uninterrupted adverse possession property are acquired by ordinary prescription
thereof for thirty years, without need of title or through possession of ten years, this provision of
of good faith. law must be read in conjunction with Art. 1117
of the same Code, which states that ordinary
Article 1118, Civil Code. Possession has to be acquisitive prescription of things requires
in the concept of an owner, public, peaceful, and possession in good faith and with just title for the
uninterrupted. time fixed by law.

Republic v. Northern Cement Corporation Hence, a prescriptive title to real estate is not
Prescription is another mode of acquiring acquired by mere possession thereof under claim
ownership and other real rights over immovable of ownership for a period of ten years unless such
property. It is concerned with lapse of time in the possession was acquired con justo titulo y buena
manner and under conditions laid down by law, fe (with color of title and good faith). The good
namely, that the possession should be in the faith of the possessor consists in the reasonable


belief that the person from whom he received the Republic Act 1899 (Reclamation)
thing was the owner there and could transmit his
ownership. The method of filling submerged land by
deliberate acts and reclaiming title thereto.
Acquisitive prescription of real rights may be —
1. Ordinary acquisitive prescription which Under RA 1899, the National Government granted
requires possession in good faith and with to all municipalities and chartered cities the
just title for 10. authority to undertake and carry out at their own
2. Extraordinary prescription where expense the reclamation by dredging, filling, or
ownership and other real rights over other means, of any foreshore lands bordering
immovable property are acquired through them. Any and all such land reclaimed will
uninterrupted adverse possession for 30 become property of the respective municipalities
years without need of title or of good faith. or charted cities; but the new foreshore along the
reclaimed areas shall continue to become
A person acquires land title by acquisitive property of the National Government.
prescription if he has been in open, continuous,
exclusive, and notorious possession for a period NOTE: Foreshore lands should not be construed
prescribed by law. to include submerged areas (Republic v. CA and
NOTE: Must be in the concept of an owner (Art. Republic Real Estate Corporation).
525, Civil Code).
Descent or Devise
Alba v. CA
Just title means with color of title and good faith Hereditary succession to the estate of deceased
or con justo titulo y buenafe. owner. The heirs succeed to a pro indiviso part of
the estate or may be given specific items of REAL
Imuan v. Cereno property.
For purposes of prescription, there is just title
when the adverse claimant came into possession BY DESCENT BY DEVISE
of the property through one of the recognized
Acquired by virtue of
modes of acquisition of ownership or other real Succession need not
hereditary succession
rights, but the grantor was not the owner or could be in favor of a
to the estate of a
not transmit any right. relative.
deceased owner.

Castillo v. Escutin
Prescription does not run against registered land. Accretion
Thus, under Sec. 47 of PD 1529 (Property
Registration Decree), no title to registered land in To the owners of lands adjoining the banks of
derogation of that of the registered owner shall be rivers belong the accretion which they gradually
acquired by prescription or adverse possession. receive from the effects of the currents of the
Title, once registered, cannot be defeated even by waters (Art, 457, Civil Code).
adverse, open and notorious possession. The
certificate of title issued is an absolute and Heirs of Navarro v. IAC
indefeasible evidence of ownership of the Accretion as a mode of acquiring property under
property in favor of he person whose name said Art. 457, requires the concurrence of the
appears therein. It is binding and conclusive upon following requisites: (1) that the accumulation of
the whole world. All persons must take notice and soil or sediment be gradual and imperceptible;
no one can plead ignorance of the registration. (2) that it be the result of the action of the waters
of the river; and (3) that the land where the
Ownership of land by acquisitive prescription accretion takes place is adjacent to the bank of the
against the State involves a conversion of the river. Accretion is the process whereby the soil is
character of the property from alienable public deposited, while alluvium is the soil deposited on
land to private land, which presupposes a transfer the estate fronting the river bank; the owner of
of title from the State to a private person. such estate is called the riparian owner. The
alluvium, by mandate of Article 457 of the Civil
Laches is defined as the failure to assert a right Code, is automatically owned by the riparian
for an unreasonable and unexplained length of owner from the moment the soil deposit can be
time, warranting a presumption that the party seen but is not automatically registered property,
entitled to assert it has either abandoned or hence, subject to acquisition through prescription
declined to assert it. This equitable defense is by third persons.
based upon grounds of public policy, which
requires the discouragement of stale claims for
the peace of society.


Voluntary Transfer mineral lands. Under the Regalian doctrine, land
that has not been acquired from the government,
Private grant; voluntary execution of deed of either by purchase, grant, or any other mode
conveyance. The transfer is given by the recognized by law, belongs to the State as part of
voluntary execution of a deed of conveyance in the public domain. No public land can be acquired
certain prescribed form, completed by the by private persons through other means, and it is
recording or registration thereof because indispensable that the person claiming title to the
registration is the operative act that binds and public land should show that his title was
affects third persons. Nonetheless, the contract is acquired through purchase or grant of the State,
binding between parties, their heirs, assignees, or through any other mode of acquisition
and successors (Art. 1311, Civil Code). recognized by law.

Involuntary Alienation Emancipation of Patent or Grant

No consent from owner of land; forcible By virtue of PD 27, tenant-farmers are deemed
acquisition by state. This does not require the owners of the land they till. This is for purpose of
consent or cooperation of the owner of the land ameliorating sad plight of tenant-farmers; not
and is usually carried out against his will. Usual transferable except by hereditary succession.
forms are expropriation or condemnation
proceedings (ex. Escheat, reversion, seizure based NOTE: PD 27 has been superseded by the
on tax delinquency, levy on attachment, and levy Comprehensive Agrarian Reform Law (CARL).
on execution).
LAND REGISTRATION
Native Title

Refers to private ownership by Filipinos of land Land Title; Deed; Definition and Distinction
by virtue of time immemorial possession in the
concept of an owner LAND TITLE DEED
Evidence of right of
Ownership by virtue of native title presupposes Instrument in writing
owner or extent of his
that the land has been held by its possessor and which any real estate
interest, by which
his predecessors-in-interest in the concept of an or interest therein is
means he can
owner since time immemorial. created, alienated,
maintain control and
mortgaged or assigned
as a rule assert right
Refers to pre-conquest rights to lands and or by which title to any
to exclusive
domains which, as far back as memory reaches, real estate may be
possession and
have been held under a claim of private affected in law or
enjoyment of
ownership by Indigenous Cultural equity.
property.
Communities/Indigenous People (ICCs/IPs),
have never been public lands and are thus Registration of Title vs. Recording of
indisputably presumed to have been held that Evidence
way since before the Spanish Conquest [R.A. 8371,
Sec. 3 (l)].
REGISTRATION RECORDING

Cruz v. Secretary of DENR Does not guarantee the
Guarantees the
The presumption of the and never to have been title; need to examine
title
public land arises when the title is held — other docs.
(a) As far back as testimony or memory went;
and Land Registration
(b) Under a claim of private ownership.
A judicial or administrative proceeding, whereby
Public Grant a person’s claim of ownership over a particular
land is determined and confirmed or recognized,
By administrative process, the government so that such land and the ownership thereof may
transfers land to a private individual by the be recorded in a public registry.
issuance of sales patent or special patent (CA
141). Cabiling v. Fernandez
In strict acceptation, it pertains to the entry made
Republic v. Heirs of Juan Fabio in the registry which records solemnly and
CA 141, also known as the Public Land Act, permanently the right of ownership and other
remains to this day the existing general law real rights. Simply, registration is made for the
governing the classification and disposition of purpose of notification.
lands of the public domain, other than timber and


The act of registration shall be the operative act to judgment, instrument, or entry affecting
convey and affect the land, and in all cases under registered land (PD 1529).
Act No. 496, the registration shall be made in the 3. To notify and protect the interests of
office of register of deeds for the province/s or strangers to a given transaction, who may be
city where the land lies. ignorant thereof (Casica v. Villasoca; Sapto
v. Fabiana).
System of Registration in the Philippines 4. To enable every registered owner and every
subsequent purchaser of registered land
The Land Registration Authority distinguished taking a certificate of title for value and in
between 2 systems of land registration: good faith to hold the same free from all
encumbrances, except those registered.
1. System under the Spanish Mortgage Law. 5. To prevent fraudulent transactions. No
2. Torrens system for registered lands under voluntary instrument shall be registered by
the Property Registration Decree. For the Register of Deeds, unless the owner’s
documents involving registered lands, the duplicate certificate is presented with such
same should be recorded under the Property instrument (PD 1529).
Registration Decree. 6. To enable the Register of Deeds to maintain
3. The system of registration for a repository (primary entry book) of all
unregistered land under Act No. 3344 (now instrument affecting registered land (PD
Section 113 of the Property Registration 1529).
Decree). 7. To issue a certificate of title to the owner,
which shall be the best evidence of his
These systems are separate and distinct from ownership of the land described therein (Lee
each other. Therefore, the registration of an Tek Sheng v. CA).
instrument under the wrong system produces no 8. To guarantee the integrity of land titles and
legal effect. to protect their indefeasibility once the claim
of ownership is established and recognized
NOTE: Lands granted under the Spanish (Traders Royal Bank v. CA).
Mortgage Law, which are not yet covered by
certificate of title under Torrens System are NOTE: Registration does not vest title. It is not a
considered as unregistered lands (PD 1529, Sec. mode of acquiring ownership but is merely
3). evidence of such title over a particular property.
It does not give the holder any better right than
Laws implementing Land Registration in the what he actually has, especially if the registration
Philippines was done in bad faith. The effect is that it is as if
no registration was made at all (Avila v.
1. Property Registration Decree (PD 1529) Tapucar).
2. Cadastral Act (Act 2259)
3. Public Land Act (CA 141) Heirs of Sps. De Guzman v. Heirs of Bandong
4. Emancipation Patent or CARP of 1972 (PD The registration of a patent under the Torrens
27) System merely confirms the registrant’s title. It
5. Comprehensive Agrarian Reform Law of does not vest title where there is none because
1988 (RA 6657) registration under this system is not a mode of
6. Indigenous Peoples Rights Act or IPRA of acquiring ownership.
1997 (RA 8371)
Duque-Rosario v. Banco Filipino Savings and
NOTE: PD 1529 amended and codified the laws Mortgag Bank
on registration of property, in order to facilitate Registration does not give the registrant a better
the effective implementation of said laws. right than what he had prior to registration.

Director of Lands v. Santiago Santos v. Robledo
It supersedes all other laws related to registration Where a document so registered is invalid or
of property. legally defective, registration will not in any way
render it valid or cure its defect.
Purpose of Land Registration
Effects of Land Registration
1. To quiet title to land and stop forever any
question as to the legality of said title 1. Registration in the public registry is notice to
(Legarda v. Saleeby). the whole world.
2. To serve as a constructive notice to all 2. The act of registration is the operative act to
persons from the time of such registering, convey or affect the land insofar as third
filing or entering of every conveyance, persons are concerned.
mortgage, lease, lien, attachment, order,


3. While registration operates as a notice of the
deed, contract, or instrument to others, it 4 classifications of land
does not as to its validity nor converts an
invalid instrument into a valid one, neither 1. Private or Public
does it recognize a valid and subsisting 2. Alienable or Inalienable
interest in the land. 3. Registered or Unregistered – If unregistered,
PD 1529 requires a different process to
Advantages of Registration register land.
4. Registerable (alienable and disposable) or
Legarda v. Saleeby Non-Registerable
1. Secures title
2. Protects against fraud Heirs of the Late Spouses Palanca v. Republic
3. Simplifies dealings In the absence of any prior classification by the
4. Restores the estates to its just value, whose State, unclassified lands of the public domain
depreciation is caused by some blur, technical assume the category of forest lands not open to
defect disposition.
5. Bars the recurrence of faults in the title
Republic v. Animas
Nature of Land Registration; Burden of Public land fraudulently or erroneously included
Proof in the scope of patents or certificates of title may
be recovered by the State through reversion
Nature proceedings, in accordance with the Public Land
Act (CA 141).
Judicial proceedings for the registration of lands
shall be in rem and shall be based on the generally Burden of proof to prove classification (GR)
accepted principles underlying the Torrens
System (PD 1529). A land registration proceeding is the manner
through which an applicant confirms title to real
Republic v. CA and Ribaya property. In this proceeding, the applicant bears
Jurisdiction in rem cannot be acquired unless the burden of overcoming the presumption of
there be a constructive seizure of the land State ownership. Accordingly, the applicant is
through publication and service of notice. bound to establish, through incontrovertible
evidence, that the land sought to be registered
Burden of Proof had been declared alienable or disposable
through a positive act of the State.
Republic v. Enciso
GR: Rests on the applicant who must show clear, Republic v. Lualhati
positive, and convincing evidence that his alleged It is important to prove alienability by presenting
possession and occupation were of the nature and a copy of the original classification of the land
duration required by law. Bare allegations, approved by the DENR Secretary and certified as
without more, do not amount to preponderant true copy by the legal custodian of the official
evidence that would shift the burden to the records.
oppositor
Reversion proceeding (XPN)
Republic v. Pasig Rizal Co., Inc, 2022
XPN: If complainant was able to show clear, Reversion proceeding is the manner through
positive, and convincing evidence, burden of which the State seeks to revert land to the mass of
proof shifts to the State. the public domain; it is proper when public land
is fraudulently awarded and disposed of in favor
II. CLASSIFICATION OF LANDS of private individuals or corporations, or when a
person obtains a title under the Public Land Act
which includes, by oversight, lands which cannot
The Regalian Doctrine be registered under the Torrens system as they
form part of the public domain. Here, the State
- The basic foundation of the State’s property bears the burden to prove that the land
regime previously decreed or adjudicated in favor of the
- All lands of the public domain belong to the defendant constitutes land which cannot be
State, and that any asserted right of owned by private individuals.
ownership over land necessarily traces back
to the State.

Importance to know land classifications: To
know if the land is registerable or not.


Power to classify lands is an executive Republic v. Rovency Realty and Development
prerogative Corporation
Failure to present a certified true copy of the
Republic v. Heirs of Cabrera original classification approved by the DENR
The classification of unclassified lands of the Secretary is fatal in securing registration of title.
public domain, and the reclassification of those
previously classified under any of the categories PRIVATE OR PUBLIC; CONCEPT AND
set forth in the 1987 Constitution, is an exclusive DEFINITION
prerogative of the executive department and not

of the courts, and is thus exercised through the
President, or such other persons vested with Private Lands
authority to exercise the same on his behalf, like
the DENR Secretary (Secs. 6 and 7, CA 141 [Public Article 421, Civil Code. All other property of
Land Act]). the State, which is not of the character stated in
the preceding article, is patrimonial property.
Gonzaga v. CA
The government, as the agent of the state, is Article 425, Civil Code. Property of private
possessed with the plenary power as the persona ownership, besides the patrimonial property of
in law to determine who shall be favored the State, provinces, cities, and municipalities,
recipients of public lands, as well as under what consists of all property belonging to private
terms they may be granted such privilege, not persons, either individually or collectively.
excluding the placing of obstacles in the way of
their exercise of what otherwise would be Tidewater lands
ordinary acts of ownership.
Lands under the ebb and flow of the tide being
Republic v. Josefino; Republic v. Spouses Go reserved for public uses of navigation and fishery
In order to prove that the parcel of land is part of and subject to Congressional regulation, pursuant
the disposable and alienable lands of the public to its power over commerce, are not understood
domain, a certification from the DENR-CENRO is as included in the term "public lands" when used
insufficient. What is required is the certification in general laws authorizing private appropriation
from the DENR Secretary. thereof as homesteads or otherwise.

Republic v. Mendiola Swamps and marshes
Certifications issued by the CENRO, or specialists
of the DENR, as well as Survey Plans prepared by Swamps and marshes not available for the
the DENR containing annotations that the subject purpose of navigation or public uses may be
lots are alienable, do not constitute subjected to private appropriation although
incontrovertible evidence to overcome the covered by the tides.
presumption that the property sought to be
registered belongs to the inalienable public Mangroves
domain.
Of this character are the manglar or mangrove
Republic v. Nicolas swamps of the Philippine Islands in which grow
Neither does a survey plan. The fact that the land aquatic trees cultivated and in common use for
has been privately surveyed is not sufficient to domestic or commercial purposes. Such
prove its classification or alienable character. manglares when converted by man into fisheries
While the conduct of a survey and the submission and used as such for the statutory period are the
of the original tracing cloth plan are mandatory subject of private ownership under the Act of
requirements for applications for original Congress of July 1, 1902, and Act No. 926 of the
registration of land under PD 1529, they only Philippine Commission
serve to establish the true identity of the land and
to ensure that the property does not overlap with Public Lands
another one covered by themselves, prove
alienability and disposability of the property. Article 420, Civil Code. The following things
are property of public dominion:
Dumo v. Republic (1) Those intended for public use, such as roads,
The trial court must be given a certified true copy canals, rivers, torrents, ports and bridges
of the classification made by the DENR Secretary constructed by the State, banks, shores,
of the President because it is the only acceptable roadsteads, and others of similar character;
and sufficient proof of the alienable and (2) Those which belong to the State, without
disposable character of the land. being for public use, and are intended for some
public service or for the development of the
national wealth.



Article 422, Civil Code. Property of public The mere reclamation of foreshore areas does not
dominion, when no longer intended for public convert these inalienable natural resources of the
use or for public service, shall form part of the State into alienable or disposable lands of the
patrimonial property of the State. public domain.

Article 423, Civil Code. The property of There must be a law or presidential proclamation
provinces, cities, and municipalities is divided officially classifying these reclaimed lands as
into property for public use and patrimonial alienable or disposable and open to disposition or
property. concession. Moreover, these reclaimed lands as
alienable or disposable if the law has reserved
Article 424, Civil Code. Property for public use, them for some public or quasi-public use.
in the provinces, cities, and municipalities,
consist of the provincial roads, city streets, ALIENABLE AND DISPOSABLE LANDS
municipal streets, the squares, fountains, public

waters, promenades, and public works for
Only alienable and disposable lands may be
public service paid for by said provinces, cities,
subject to disposition
or municipalities.

All other property possessed by any of them is
Secretary of DENR v. Yap
patrimonial and shall be governed by this Code,
A and D lands are limited only to those lands
without prejudice to the provisions of special
which have been officially and expressly
laws.
delimited and classified by the executive
department. It cannot be presumed to be A and D
The term "public lands" is uniformly used to (even when there are people living on the land).
describe so much of the national domain under
the legislative power of the Congress as has not They shall be classified, for purposes of
been subjected to private right or devoted to administration and disposition, according to the
public use. use or purposes to which such lands are destined,
to wit (Sec. 9, CA 141):
5 categories of lands of public domain 1. Agricultural
(Sec. 3, Art. XII, 1987 Constitution) 2. Residential, commercial, industrial, or for
similar productive purposes
1. Forest lands 3. Educational, charitable, or other similar
2. Agricultural lands purposes
3. Timber lands 4. Reservations for town sites and for public and
4. Mineral lands quasi-public use.
5. National parks
NOTE: A and D lands held by government entities
GOVERNMENT under Sec. 68, CA 141 cannot be alienated without
PUBLIC LAND
LAND approval by Congress.
Montano v. Insular Lands of public domain
Government not susceptible to To prove that the land subject of an application
Those lands used expropriation; for registration is alienable, the applicant must
and intended for Instrument in writing establish the existence of a positive act of the
public use; Includes which any real estate or government, such as a presidential proclamation
public lands and also interest therein is or an executive order; an administrative action;
other lands of the created, alienated, investigation reports of Bureau of Lands
government already mortgaged or assigned investigators; and a legislative act or a statute.
reserved or devoted or by which title to any The applicant may also secure a certification from
to public use or real estate may be the government that the land claimed to have
subject to private affected in law or been possessed for the required number of years
right. equity. is alienable and disposable.

NOTE: Not all government lands are considered To prove that the subject property is alienable
public lands, but all public lands are government and disposable land of the public domain,
lands (because of the Regalian Doctrine). applicant must:
(1) Present a Community Environment and
Chavez v. Public Estates Authority (PEA) Natural Resources Office Certificate
GR: Foreshore and submerged area shall not be (CENRO);
alienated. (2) Prove that the DENR Secretary had approved
XPN: Unless they are classified as agricultural the land classification and released the land
lands of the public domain.


of the public domain as alienable and thereon — are not conclusive on the
disposable; and classification of the subject land is alienable
(3) That the land subject of the application for agricultural land. Rather, it is the official
registration falls within the approved area proclamation releasing the land classified as
per verification through survey by the PENRO public forest land to form part of disposable
or CENRO. In addition, the applicant for land agricultural lands of the public domain that is
registration must present a copy of the definitive.
original classification approved by the DENR
Secretary and certified as a true copy by the 2. Foreshore land & seashore
legal custodian of the official records. 3. Reclaimed lands
4. Lakes
REGISTRABLE AND NON-REGISTRABLE 5. Alluvial deposit along river when man-made
LANDS 6. Watershed
7. Navigate rivers, streams, & creeks

Registerable Lands Maneclang v. IAC
The SC ruled that a creek defined as a recess
1. Alienable public agricultural lands (Sec. 2, Art. or arm extending from a river and
XII, 1987 Constitution) participating in the ebb and flow of the sea is
2. Private lands (Arts. 421, 425, Civil Code) a property belonging to the public domain.
This case will erase all doubts whether a
Non-Registerable Lands stream or a creek will have to be navigable to
be of public ownership. Streams and creeks,
Those found in Civil Code (Art. 420) provisions whether navigable or not, are of public
dealing with non-registerable properties (e.g. domain (Art. 420, CC).
property of public dominion) as well as those
stated in the 1987 Constitution. 8. Mangrove swamps
9. Mineral lands (Atok-Big Wedge Mining Co. v.
Specific kinds of non-registerable Dunyung)
properties or lands 10. Military reservations
11. Previously title land
1. Forest or timberland, public forest, & 12. Protected areas (RA 7586 or NIPAS Act of
forest reserve 1992)
13. Grazing land
Collado v. CA
If a land is classified as a forest land or a
mineral land, and there are no more trees to III. ACQUISITION OF LAND
make it look like a forest or minerals, it is still
not susceptible to appropriation. Forest lands
are inalienable and possession thereof, no CITIZENSHIP REQUIREMENT; NATURAL
matter how long, cannot convert the same PERSONS
into private property. Courts are without
jurisdiction to adjudicate lands within the GR: Only Filipino citizens can acquire private or
forest zone. It doesn’t matter what the land public agricultural lands (Sec. 7, Art. XII, 1987
looks like, as long as it has already be Constitution).
classified by the executive department. XPNs:
a. In case of intestate hereditary succession,
Amunategui v. Director of Forestry aliens may be a transferee of private lands
A forested area classified as forest land of the (Sec. 7, Art. XII, 1987 Constitution).
public domain does not lose such b. A natural-born citizen of the Philippines, who
classification simply because loggers or has lost his Philippine citizenship may be a
settlers have stripped it of its forest cover. transferee of private lands, subject to
limitations provided by law (Sec. 8, Art. XII,
Republic v. Saromo 1987 Constitution).
Without the official declaration that the
subject land is alienable and disposable or Limitations
proof of its declassification into disposable
agricultural land, the “unclassified public a. The acquisition by aliens of private lands in
forest land’s” legal classification of the subject case of hereditary succession is not subject to
land remains. Testimonial evidence on the limitations (Republic v. CA and Sps.
physical layout or condition of the subject Lapiña).
land — that it was planted with coconut trees b. Any natural-born citizen of the Philippines
and beach houses had been constructed who has lost his Philippine citizenship and


who has the legal capacity to enter into a Republic v. IAC and ACME
contract under Philippine laws may be a XPN: If the predecessors-in-interest of the
transferee of a private land up to a maximum corporation have been in possession of the land in
area of 1,000 sqm, in the case of urban land, question since June 12, 1945 or earlier, then it
or 1 hectare in the case of rural land, to be may rightfully apply confirmation of title to the
used by him as his residence (BP Blg. 185, Sec. land. That vested right has to be respected.
2).
c. In the case of married couples, one of them Limitations
may avail of the privilege granted above;
Provided, that if both shall avail of the same, a. Private Lands
the total area acquired shall not exceed the
maximum authorized (BP Blg. 185, Sec. 2). i. At least 60% of whose capital is owned by
d. In case the transferee already owns urban or Filipino citizens to acquire private land;
rural lands for residential purposes, he shall ii. Restricted as to the extent reasonably
still be entitled to be a transferee of additional necessary to enable it to carry out
urban or rural lands for residential purposes purpose which it was created;
which, when added to those already owned iii. If engaged in agricultural – restricted to
by him, shall not exceed the maximum areas 1,024 hectares; and
herein authorized (BP Blg. 185, Sec. 2). iv. Applicable to Filipino corporation (Sec. 2,
e. A natural-born citizen Sec. 8, Art. XII, 1987 Art. XII, 1987 Constitution).
Constitution may acquire private land not
more than 5,000 sqm in the case of urban b. Patrimonial Property of State
land, or 3 hectares in the case of rural land to
be used for business or other purposes (RA i. Lease for 25 years renewable;
7042, Sec. 10, as amended by RA 8179). ii. Limited to 1,000 hectares; and
f. In the case of married couples, one of them iii. Applicable to both Filipino and foreign
may avail of the privilege granted. But if both companies (Sec. 3, Art. XII, 1987
shall avail of the same, the total area acquired Constitution).
shall not exceed the maximum fixed (RA 7042,
Sec. 10, as amended by RA 8179). Religious Association Controlled by Non-
g. In case the transferee already owns urban or Filipinos
rural land, he shall still be entitled to be a
transferee of additional urban or rural land, The constitution makes no exception in favor of
which when added to those already owned by religious associations. To permit religious
him, shall not exceed the maximum areas associations controlled by non-Filipinos to
authorized (RA 7042, Sec. 10, as amended by acquire agricultural lands would be to drive the
RA 8179). opening wedge to revive alien religious
landholdings in the country.
NOTE: A natural-born Filipino citizen who has
lost his citizenship but who has re-acquired the Roman Catholic Apostolic Administration of
same under the terms of RA 9225 is not subject to Davao, Inc. v. Land Registration Commission
area limitation provided therein. Corporation Sole: It may acquire and register
private agricultural land. It has no nationality,
Moss v. Director of Lands thus the constitutional proscription against
Lands acquired by citizens or corporations of the private corporations acquiring agricultural lands
US prior to the final withdrawal of he US will not apply.
sovereignty over the Philippines may be
registered under the Ordinance appended to the ACQUISITION OF ALIENS
1935 Constitution on November 10, 1939.

GR: Only Filipino citizens can acquire private or
ACQUISITION BY A CORPORATION public agricultural lands (Sec. 7, Art. XII, 1987
Constitution).
GR: Private corporations are not legally qualified XPNs:
to own lands of public domain except through a. In case of intestate hereditary succession,
lease (Sec. 3, Art. XII, 1987 Constitution). aliens may be a transferee of private lands
(Sec. 7, Art. XII, 1987 Constitution).
Director of Lands v. IAC and ACME b. A natural-born citizen of the Philippines, who
NOTE: The prohibition does not apply to land no has lost his Philippine citizenship may be a
longer public land and are thus private land. transferee of private lands, subject to
limitations provided by law (Sec. 8, Art. XII,
1987 Constitution).


Republic v. CA and Sps. Lapiña assist the later in the obtaining accommodations
The acquisition by aliens of private lands in case in the country (Vienna Convention on Diplomatic
of hereditary succession is not subject to Relations, Art. 21).
limitations.
Art. 21, Vienna Convention on Diplomatic
Any natural-born citizen of the Philippines who Relations. The State shall also, when necessary,
has lost his Philippine citizenship and who has the assist missions in obtaining accommodations
legal capacity to enter into a contract under for its members.
Philippine laws may be a transferee of a private
land up to a maximum area of 1,000 sqm, in the Foreigners are allowed to purchase
case of urban land, or 1 hectare in the case of rural condominium units
land, to be used by him as his residence (BP Blg.
185, Sec. 2). Aliens may acquire condominium units and
shares in condominium corporations up to no
NOTE: more than 40% of the total and outstanding
- A natural-born Filipino citizen who has lost his capital stock of a Filipino-owned or controlled
citizenship but who has re-acquired the same corporation (RA 4726, The Condominium Act).
under the terms of RA 9225 is not subject to
area limitation provided therein. NOTE:
- Ownership determined by citizenship during - Computation based on actual size of units
time of acquisition and not by citizenship - Properties of the condominiums are owned
during time of registration by condominium corporation

While aliens are disqualified from acquiring lands Hulst v. PR Builders, Inc.
of public domain, they may however lease private Under this setup, the ownership of the land is
lands. A lease to an alien for a reasonable period legally separated from the unit itself, therefore
is valid. the constitutional proscription against aliens
owning real property does not apply.
Effect of Subsequent Naturalization of the
Transferee
IV. TORRENS SYSTEM

Borromeo v. Descallar
If land is invalidly transferred to an alien who HISTORY; CONCEPT; DEFINITION
subsequently becomes a Filipino citizen or
transfers it to a Filipino, the flaw in the original
transaction is considered cured and title of the Definition
transferee is rendered valid.
A system of registration of transaction with
NOTE: interest in land whose declared object is, under
- Filipino citizen may recover the land he sold government authority, to establish and certify to
to alien the ownership of an absolute and indefeasible
- Prohibition applies only to land but noy to title to realty, and to simplify its transfer.
improvements
NOTE: It is judicial in nature (Sec. 2, PD 1529)
Muller v. Muller
Rationale: The ban on aliens is intended to History
preserve the nation’s land for future generations
of Filipinos. Sotto v. Sotto
It is devised and first introduced in South
Alienation in favor of foreign government to Australia by Sir Robert Richard Torrens in 1857.
be used as chancery or residence of It was introduced in the Philippines by Act No.
diplomatic representatives 496, which took effect on January 1, 1903.

The prohibition in the Constitution against It was later amended and superseded by PD 1529
alienation of lands in favor of aliens do not apply (Property Registration Decree) which took
to alienation of the same in favor of foreign effect on June 11, 1978. Its object is to do away
government to be used as chancery and residence with delay, uncertainty and expense of the old
of its diplomatic representatives. conveyancing system. It updated the Land
Registration Act and codified the various laws
As part of its treaty obligation under International relative to registration.
Law, the State shall either facilitate the
acquisition on its territory, the premises
necessary for the mission by a sending state, or


Concept expressly noted thereon or otherwise reserved by
law.
Registration under the Torrens System is a
proceeding in rem Manotok IV v. Heirs of Homer Barque
Legally defined, a certificate of title is the
A proceeding in rem is when the object of the transcript of decree of registration made by the
action is to bar indifferently all who might be Register of Deeds.
minded to make an objection of any sort against
the right sought to be established, and if anyone Probative Value: Torrens Title may be received
in the world has a right to be heard on the in evidence in all courts of the Philippines, and
strength of alleging facts which if true, shows an shall be conclusive as to all matters contained
inconsistent interest. therein, principally the identity of the owner of
the covered land thereby and identity of the land.
Republic v. CA
A land registration is a proceeding in rem, and Agencies implementing land registration
jurisdiction in rem cannot be acquired unless proceedings under the Torrens System
there be constructive seizure of the land through
publication and service of notice. 1. Courts (RTC acting as Land Registration
Court);
Francisco v. CA 2. Department of Environmental and Natural
Registration under the Torrens System Resources (DENR);
constitutes, at the very least, constructive notice 3. Department of Justice (DOJ) through the Land
to any boundary owner of who is his neighbor. Registration Authority (LRA) and its
Registration of Deeds (RD);
Effects of issuance of title 4. Department of Agrarian Reform (DAR);
5. Department of Agriculture (DA)
1. The land is placed under the operation of
Torrens System (Sec. 3, PD 1529) 2 TYPES OF TORRENS TITLE
2. Land is relieved from all claims except those Original Certificate Transfer Certificate
noted thereon and provided by law (Sec. 46, of Title (OCT) of Title (TCT)
PD 1529)
3. Title to the land becomes imprescriptible Constitutes a true Issued subsequent to
(Sec. 47, PD 1529) copy of the decree of the original
4. The land becomes incontrovertible and registration. registration.
indefeasible (Sec. 32, PD 1529) The title issued by the
5. The certificate of title is not subject to The first title issued in RD in favor of a
collateral attack (Sec. 48, PD 1529) the name of the transferee to whom
registered owner by the ownership of a
Registration under Act No. 3344 ineffective the RD covering a registered land has
against third persons parcel of land, which been transferred by
had been registered any legal mode of
Melencion v. CA under the Torrens conveyance (eg. sale,
Section 194 of the Revised Administrative Code, System by virtue of a donation). It also
as amended by Act 3344, provides for the judicial or consists of an original
registration of deeds or instruments relating to administrative and an owner’s
lands not registered under the Torrens system. If proceedings. duplicate certificate
a parcel of land covered by Torrens title is sold, (Sec. 43, PD 1529).
but the sale is registered under Act. No. 3344 and
not under the Land Registration Act, the sale is Certificate of Title
not considered registered and the registration of
the deeds does not operate as constructive notice This is the true copy of the decree of registration
to the whole world. or the transcription thereof and, similar to the
decree, shall also be signed by the LRA
TORRENS TITLE; DEFINITION Administrator (Sec. 39, PD 1529).

Panganiban v. Dayrit
A Torrens title is the certificate of ownership
The certificate, once issued, is the evidence of title
issued under the Torrens system of registration
which the owner has. What appears on the face of
by the government, through the Register of Deeds,
the title is controlling on the questions of
naming and declaring the owner in fee simple of
ownership since the certificate of title is an
the real property described therein, free from all
absolute and indefeasible evidence of ownership
liens and encumbrances except as may be
of the property in favor of the person whose name
appears therein.


XPNs:
It takes effect upon the date of entry thereof, and a. Those noted on the certificate;
the land covered thereby becomes a registered b. Liens claims or rights arising or existing
land on that date (Sec. 40, PD 1529). under the laws and the Constitution,
which are not by law, required to appear
Villanueva v. CA; Chavez v. PEA; Amari Coast of record in the RD in order to be valid;
Bay Development Corp. c. Unpaid real estate taxes levied and
Registration does not vest title. It is merely assessed within 2 years immediately
evidence of such title over a particular property. preceding the acquisition of the right
A Torren certificate is the best evidence of over the land by an innocent purchaser
ownership over registered land. for value.
d. Any public highway, or private way
Caragay-Layno v. CA established or recognized by law, or any
However, simple possession of a certificate of title government irrigation canal or lateral
does not necessarily make the holder thereof a thereof, if the certificate of title does not
true owner of all the property described therein state the boundaries of such highway or
such as when title includes by mistake or irrigation canal, or lateral thereof have
oversight, land which can no longer be registered been determined.
under the Torrens system, as when the same land e. Any disposition of the property or
has already been registered and an earlier limitation on the use thereof pursuant to
certificate for the same land is in existence. PD 27 or any other law or regulations on
agrarian reform (Sec. 4, PD 1529).
Ponce de Leon v. Rehabilitation Finance Corp.
In determining whether a property belongs to the 2. Incontrovertible and Indefeasible
conjugal partnership or paraphernal property of
one of the spouses, it is important to note in GR: Upon the expiration of 1 year from and
whose name or names the title is registered. This after the entry of the decree of registration in
is so because the certificate of title does not the LRA, the decree and the corresponding
establish the time of the acquisition of the certificate of title becomes incontrovertible
property. It only confirms a preexisting title. and indefeasible (Sec. 32, PD 1529).
XPNs:
Splitting or Consolidation of titles a. If previous valid title of the same land
exists (Hodges v. Dy Buncio)
SPLITTING CONSOLIDATION b. When the land covered is not capable of
registration (Palomo v. CA)
Upon petition by a A registered owner
registered owner of 2 of several distinct c. When the acquisition of certificate is
attended by fraud (Meneses v. CA)
or more parcels of land parcel of land

described in a described in
3. Registered land not subject to
certificate of title, the separate certificates
prescription
RD may cancel the of title may, if he
certificate and issue in desires, cause all his
No title to registered land in derogation of the
lieu thereof several new certificates be
title of the registered owner shall be acquired
certificates each cancelled and in lieu
covering one or such thereof a single by prescription or adverse possession (Sec.
47, PD 1529).
number of parcels as certificate be issued

the owner may desire, for the different
JM Tuason and Co., Inc. v. CA
without the necessity of portions thereof, by
Thus, even adverse, notorious and
obtaining a prior direct application to
authority of the court the RD (Sec. 1, RA continuous possession under a claim of
ownership for the period fixed by law is
(Sec. 1, RA 440). 440).
ineffective against a Torrens title.

Attributes and Limitations on Certificates of Rivera v. CA
Title and Registered Lands The fact that title to the land was lost does not
mean that the land ceased to be registered
1. Free from Liens and Encumbrances (Sec. land before the reconstitution of its title. It
44, PD 1529) cannot perforce be acquired by prescription.

GR: Claims and liens of whatever character Vda. de Tirona v. Encarnacion
existing against the land prior to the issuance The defense of laches is an equitable one and
of the certificate of title are cut off by such does not concern itself with the character of
certificate and the certificate so issued binds the defendant’s title, but only with whether or
the whole world, including the government. not by reason of the plaintiff’s long inaction or


inexcusable neglect he should be barred from General incidents of registered land
asserting his claim at all because to allow him
to do so would be inequitable and unjust to Registered land shall be subject to such burdens
defendant. and incidents as may arise by operation of law
(Sec. 46, PD 1529).
4. Certificate of title not subject to collateral
attack Registered land or the owners thereof are not
relieved from the following
A certificate of title shall not be subject to
collateral attack. It cannot be altered, 1. Any rights incident to the relation of husband
modified, or canceled except in a direct and wife or landlord and tenant;
proceeding in accordance with law (Sec. 48, 2. Liability to attachment or levy on execution;
PD 1529). 3. Liability to any lien of any description
established by law on the land and buildings
Heirs of Amistoso v. Vallecer thereon, or in the interest of the owner in
A certificate of title shall not be subject to a such land or building;
collateral attack and that the issue of the 4. Any right or liability that may arise due to
validity of title can only be assailed in an change of the law of descent;
action expressly instituted for such purpose. 5. The rights of partition between co-owners;
Hence, any declaration that may have been 6. The right of government to take the land by
made in an accion publiciana cannot affect eminent domain;
ownership over the property nor nullify a 7. Liability to be recovered by an assignee in
Torrens title, as the adjudication was only for insolvency or trustee or bankruptcy under
the purpose of resolving the issue of the laws relative to preferences;
possession. 8. Any other rights or liabilities created by law
and applicable to unregistered land (Sec. 46,
3 actions considered as a collateral attack PD 1529)

a. Defendants filed an answer to the Persons entitled to a duplicate certificate of
complaint praying for cancellation of the title (Sec. 41, PD 1529)
TCT of plaintiff and for the award of
damages by counterclaim. The prayer for 1. Registered owner
cancellation is a collateral attack and 2. Each co-owner
cannot be done (Cimafranca v. IAC)
b. Attack on the title of land presented in PURPOSE OF ADOPTING TORRENS SYSTEM
the answer of defendant (Republic v.
Samson-Tatad)
c. An action for reformation is considered a 1. To quiet title to land; to put a stop forever to
collateral attack on Torrens title when any question of legality of the title, except
the land in controversy lies within the claims which were noted at the time of
boundaries determined by such title registration, in the certificate, or which may
(Toyota Motors Philippines Corp. v. arise subsequent thereto (Legarda v.
CA) Saleeby).
2. To relieve the land of unknown liens or
5. Includes improvements on land claims, just or unjust, against it except
Statutory Liens under Section 44 of PD 1529.
GR: Torrens certificate of title covers the 3. To create indefeasible and imprescriptible
lands described therein, together with all title binding the whole world.
the buildings and improvements existing 4. To prevent fraudulent claims.
thereon. 5. To provide means of publication or notice to
XPNs: third persons.
a. An express reservation shall have 6. To establish priority right — “First in Time,
been annotated on the certificate; Stronger in Right” (Primus Tempore, Potior
b. Public thoroughfares as were already Jure).
in existence at the time title was 7. To facilitate transactions relative thereto by
acquired; giving the public the right to rely upon the
c. Navigable streams within the face of the Torrens certificate of title and to
registered property unless the dispense with the need of inquiring further,
boundaries or such steam had been except when the party concerned has actual
expressly delimited in the registration knowledge of facts and circumstances that
plan. should imply a reasonably cautious man to
make such further inquiry.
8. To provide stability to land titles.


Manotok v. CLT Realty
Republic v. CA Land becomes registered land only upon the
The purpose of land registration is not the transcription of the decree in the book of the RD,
acquisition of title but only the registration of and not on the date of the issuance of the decree.
title, which the applicant already possessed over
the land. Registration was never intended as a GR: A decree of registration and registered title
means of acquiring ownership. cannot be impugned, enlarged, altered, modified,
or diminished either in collateral or direct
Wee v. Mardo proceeding, after the lapse of 1 year from the date
NOTE: Registration is not equivalent to legal title. of its entry.
XPN: To spurious or non-existent titles.
Lu v. Manipon Indefeasibility of a title does not attach to titles
Under the Torrens system, registration only gives secured by fraud and misrepresentation.
validity to the transfer or creates a lien upon the
land. It merely confirms, but does not confer, Heirs of Leoncio C. Oliveros, represented by
ownership. Aurora B. Oliveros, et al. v. San Miguel
Corporation, et al.
ADVANTAGES OF THE TORRENS SYSTEM It was as if no title was ever issued in this case to
the petitioner and therefore this is hardly the
occasion to talk of collateral attack against a title.
1. Protects against encumbrances not noted on
the Torrens certificate; NOTE: A counterclaim is also considered an
2. Reduces records enormously; original complaint, and as such, the attach on the
3. Instantly reveals ownership; title is direct and not collateral.
4. Makes fraud almost impossible;
5. Eliminates repeated examination of titles; Ramos v. Rodriguez
6. Abolishes endless fees; The duty of the land registration officials to issue
7. Makes possible the transfer of titles or of the decree of registration is ministerial in the
loans within the compass of hours instead of sense that they act under the orders of the court
a matter of days and weeks; and the decree must be in conformity with the
8. Assures; court judgment and with the date found in the
9. Keeps up the system without adding to the record. However, if they are in doubt upon any
burden of taxation (because the beneficiaries point in relation to the preparation and issuance
pay the fees); of the decree, they are duty-bound to refer the
10. Gives practically eternal title as the state matter to the court. They act in this respect, as
insures perpetually; officials of the court. The administrator is thus not
11. It eliminates tax titles legally obligated to issue the decree where, upon
12. It furnishes state title insurance instead of his verification, he finds that subject land has
private title insurance. already been decreed and titled in another’s
name.
V. DECREE OF CONFIRMATION AND
REGISTRATION Torela v. Torela
A decree of registration issued pursuant to the

LRA only confirms ownership of the applicant
DECREE OF REGISTRATION over the land subject of the application.

If the court finds after hearing that the applicant By whom issued: Administrator of Land
or adverse claimant has title as stated in his Registration who signs the decree of registration
application or adverse claim and proper for and attests the date and hour or its issuance (Sec.
registration, a decree of confirmation and 31, PD 1529).
registration shall be entered (Act 3261, Sec. 3).
Finality of the decree
Purpose: The decree of registration binds the
land, quiets title, subject only to such exceptions The decree becomes incontrovertible after 1 year
or liens as may be provided by law. It is conclusive from the date of its entry (Sec. 32, PD 1529).
upon all persons including the national
government and all branches, whether mentioned Period of issuance of the decree
by name in the application or notice, the same
being included in the general description “To All Top Management Programs Corp. v. Fajardo
Whom It May Concern.” Such conclusiveness does GR: The law does not limit the period within
not cease to exist when the title is transferred to a which the court may order the issuance of a
successor. decree of registration.


XPN: Decree of registration cannot be issued
pending appeal. In any event, execution pending Proceeding is brought before the RTC to
appeal is not applicable to a land registration determine title or ownership of land on the basis
proceeding. A Torrens title issued on the basis of of an application for registration or
a judgment that is not final is a nullity, as it is answer/opposition by a claimant in a cadastral
violative of the explicit provision of the LRA which registration (PD 1529, Sec. 2).
requires that a decree be issued only after the
decision adjudicating the title becomes final and Jurisdiction
executory, and it is on the basis of said decree that
the RD concerned issues the corresponding GR: RTC of the province, city, or municipality
certificate of title. where the property is situated.
XPN: Delegated jurisdiction to the MTC, MeTC,
Contents and MCTC by the SC in cadastral and land
registration cases if:
1. Date, hour, and minute of its entry 1. There is no controversy or opposition over
2. If the owner is under disability, the nature of the land; or
such disability; and if a minor, his age 2. The lost is contested by its value is less than
3. Description of the land, estate of the owner, P100,000 (BP 129, Sec. 34).
and, in such manner as to show their relative NOTE: The decision of first-level courts shall be
priorities, all particular estates, mortgages, appealable to the CA (Sec. 33, PD 1529).
easements, liens, attachments, and other
encumbrances Registration court not divested of jurisdiction
4. It shall state whether the owner is married or by Administrative Act for the issuance of
unmarried; and if married, the name of the patent
spouse. If the land is conjugal property, the
decree shall be issued in the name of both De los Angeles v. Santos
spouses A land registration court which has validly
5. Other matters to be determined in pursuance acquired jurisdiction over a parcel of land for
of law registration of title cannot be divested of said
jurisdiction by a subsequent administrative act
Distinctions between a Decision in Land consisting in the issuance of a homestead patent
Registration Cases and Decree of Registration covering the same land.

DECISION IN LAND Land registration courts can now hear and
DECREE OF decide controversial and contentious cases
REGISTRATION
REGISTRATION such as validly of a tax sale
CASE
As to manner of issuance
Solco v. Megaworld Corporation
Issued by the LRA and PD 1529, with the intention to avoid multiplicity
Rendered by the court
signed by the Land of suits and to promote expeditious termination
and signed by the
Registration of cases, had eliminated the distinction between
judge
Commissioner the general jurisdiction vested in the RTC and the
As to finality latter’s limited jurisdiction when acting merely as
Becomes final after 30 Becomes final after 1 a land registration court. Land registrations
days from issuance year from issuance courts can now hear and decide even
controversial and contentious cases, as well as
As to grounds for review those involving substantial issues. Thus, the
Found in Rules 37 and Fraud must be filed courts a quo had jurisdiction to rule on all matters
38 of the Rules of within 1 year from necessary for the determination of the issues of
Court issuance ownership, including validity of the tax sale.

ORIGINAL VS. SUBSEQUENT REGISTRATION Jurisdiction in Civil Cases involving title to
property

Original Registration RTCs shall exercise exclusive original jurisdiction
in all civil actions which involve the title to, or
Nature possession of, real property or any interest
therein:
Juridical proceedings for the registration of lands 1. Where the assessed value of the property
throughout the Philippines shall be in rem and exceeds P20,000; or
shall be based on the generally accepted 2. For civil actions in Metro Manila, where such
principles underlying the Torrens system (Sec. 2, value exceeds P50,000 (Sec. 19, BP 129)
PD 1529).


Subsequent Registration CONSTRUCTIVE
ACTUAL NOTICE
NOTICE
This refers to any transaction affecting an
The act of registration
originally registered land and which, if in order, is This is equivalent to
creates constructive
registered in the Office of the Register of Deeds registration. Thus,
notice to the whole
concerned. where the party has
world and binds third
knowledge to a prior
persons. By
Where incidental matters after original existing interest
constructive notice, it is
registration may be brought before the land which is
presumed that the
registration court by way of a motion or petition unregistered at the
purchaser has
filed by the registered owner or a party in time he acquired a
examined every
interest. right to the same
instrument of record
land, his knowledge
affecting the title. Such
All transactions affecting an originally registered of that prior
presumption is
land, whether voluntary or involuntary, shall be unregistered interest
irrefutable and cannot
registered with the proper Registry of Deeds (Sec. has the effect of
be overcome by proof
10, PD 1529). registration as to
of innocence or good
such party.
faith.
Rules as to the necessity and effects of
registration, in general
Miranda v. Sps. Ernesto
1. Except a will that purports to convey or affect The non-registration of the Deed of Absolute Sale
a registered land, the mere execution of deeds with the RD does not affect the sale’s validity and
of sale, mortgages, leases, or other voluntary effectivity. As ruled in Sapto v. Fabiana, between
document serves only 2 purposes: (1) as a the parties to a sale, registration is not necessary
contract between the parties; and (2) as to make it valid and effective, for actual notice is
evidence of authority to the RD to register equivalent to registration.
such documents (Sec. 51[1], PD 1529).
2. It is only the act of registering the instrument Original vs. Subsequent Registrations
in the RD of the province or city where the
land lies which is the operative act that ORIGINAL SUBSEQUENT
conveys ownership or affects the land insofar Proceeding where
as third persons are concerned (Sec. 51[2], The right of incidental matters after
PD 1529). ownership or title to original registration
3. The act of registration creates a constructive land is for the first may be brought before
notice to the whole world of such voluntary time made of public the land registration
or involuntary instrument or court writ or record under any of court by way of motion
process (Sec. 52, PD 1529). the existing systems or petition filed by the
of registration. registered owner or a
Almirol v. Register of Deeds of Agusan party in interest.
Registration of a document is ministerial on the
part of the RD. The RD is precluded from Takes place when
Takes place when any
exercising his personal judgment and discretion the title to land is
deed affecting the land
when confronted with the problem of whether to made of public
is made of public record
register a deed or instrument on the ground that record for the first
after the date of its
it is invalid. This function belongs to a court of time in the name of
original registration.
competent jurisdiction. its lawful owner.

Marasigan v. IAC Thus, the registration of a sale, transfer,
A deed or other voluntary instrument involving encumbrance or other disposition of a land which
registered land shall not take effect as a has been originally registered is within the
conveyance or bind the land but shall operate as a purview of subsequent registration.
contract between the parties and as evidence of
the authority of the RD to make registration. The VOLUNTARY VS. INVOLUNTARY
act of registration shall be the operative act to REGISTRATION
convey or affect the land insofar as third persons

are concerned.
Voluntary Registration

Voluntary dealings

An owner of a registered land may convey,
mortgage, lease, charge, or otherwise deal with


the same in accordance with existing laws. He of the holder to surrender the owner’s
may use such forms of deeds, mortgages, leases’ duplicate certificate of title the party in
or other voluntary instruments as are sufficient in interest may file a petition in court to compel
law (Sec. 51, PD 1529). surrender of the same to the RD (Sec. 107, PD
1529).
The act of registration shall be the operative act
to convey or affect the land insofar as third Upon filing of the petition, the court, after
persons are concerned (Sec. 51, PD 1529). hearing, may either:
a. Order the registered owner or any
Physical delivery not a requisite for a valid person withholding the duplicate
conveyance certificate to surrender the same and
direct the entry of a new certificate or
Philippine Suburban Development Corp. v. memorandum upon such surrender; or
Auditor General b. If the registered owner or any person
Delivery as a mode of transmission of ownership withholding the duplicate certificate
may be actual or constructive. When the sale of refuses to surrender the same or if for
real property is made in a public instrument, the any reason the outstanding owner’s
execution thereof is equivalent to the delivery of duplicate certificate cannot be delivered,
the thing object of the contract, absent any order the annulment of the same as well
showing in the deed to the contrary. In this case, as the issuance of a new certificate of title
there is constructive delivery. in lieu thereof.

Requirements in the process of registration in 3. Full payment of required registration fees
voluntary dealings and the requisite documentary stamps

1. Sec. 112, PD 1529 4. Evidence of full payment of real estate tax as
may be due
Deeds, conveyances, encumbrances,
discharges, powers of attorney, and other 5. Inclusion of one extra copy of any document
voluntary instruments shall be in a public of transfer or alienation of real property, to be
instrument executed in accordance with law: furnished the city or provincial assessor.
a. Signed by the parties in the presence of at
least 2 witnesses who shall likewise sign; Involuntary Registration
b. Acknowledged to be the free act and deed
of the parties before a notary public or Involuntary dealings affecting registered land
other officer authorized by law to take which must be registered
acknowledgment;
c. Where the instrument has for its object 2 1. Attachments (Sec. 69, PD 1529)
or more parcels of land, the Number 2. Sale on execution or levy for taxes or for any
thereof shall also be stated in the assessment (Sec. 74, PD 1529)
acknowledgement. 3. Adverse claim (Sec. 70, PD 1529)
d. Each page of the copy of the instrument, 4. Notice of lis pendens (Sec. 76, PD 1529)
except the page where the signatures
already appear at the foot of the Surrender of certificate in involuntary
instrument, shall be (1) signed on the left dealings
margin thereof by the parties and their
witnesses, and (2) sealed with the If an attachment or other lien in the nature of an
notarial seal. This fact as well as the involuntary dealing in registered land is
number of pages shall be stated in the registered, and the duplicate certificate is not
acknowledgment. presented at the time of registration, the RD shall,
within 36 hours, send notice by mail to the
2. Presentation of owner’s duplicate certificate registered owner requesting him to send or
(Sec. 53, PD 1529) produce his duplicate certificate so that a
memorandum of the attachment or other lien may
The production of the owner’s duplicate be made thereon.
certificate of title serves as conclusive
authority from the registered owner to the If the owner neglects or refuses to comply within
RD to enter a new certificate or to make a a reasonable time, the RD shall report the matter
memorandum of registration in accordance to the court, and it shall, after notice, enter an
with the voluntary instrument presented. order to the owner to produce his certificate at a
time and place named therein, and may enforce
Where a voluntary instrument cannot be the order by suitable process (Sec. 71, PD 1529).
registered by reason of the refusal or failure


becomes the persons even if the
Attachment registered owner the owner’s duplicate
moment he presents certificate of title is
Attachment is the legal process of seizing and files a duly not presented to the
another’s property in accordance with a writ or notarized and valid RD.
judicial order for the purpose of securing deed of sale and the
satisfaction of a judgment yet to be rendered. same is entered in the
day book and at the
Cruz v. Sandoval same time he
When an attachment has been levied upon surrenders or
property, a purchaser subsequent to the presents the owner’s
attachment takes the property subject to the duplicate certificate of
attachment. But in determining priority between title covering the land
2 attachments on execution affecting the same sold.
property, it is no5 5h3 priority of the execution As to Presentment of Certificate of Title
sales held that will determine the preference, but Need to present title
the priority between the 2 attachments, that is, No presentation
to record the deed in
the attachment previously registered is superior required – annotation
the registry and to
and preferred to a subsequent one. in entry book is
make memorandum
sufficient.
on title.
Difference between the transactions affecting
lands originally registered
INDEFEASIBILITY OF TITLE
VOLUNTARY INVOLUNTARY
DEALINGS DEALINGS Question (2022 BAR): Explain the nature of
As to Concept “Indefeasibility and incontrovertibility of
certificates of title.
Refer to such writ,
order or process GR: Upon the expiration of 1 year from and after
issued by a court of the entry of the decree of registration in the LRA,
record affecting the decree and the corresponding certificate of
registered land which title becomes incontrovertible and indefeasible
Refer to deeds, by law should be (Sec. 32, PD 1529).
instruments, or registered to be XPNs:
documents which are effective, and also to a. If previous valid title of the same land exists
results of the free and such instruments (Hodges v. Dy Buncio)
voluntary acts of the which are not the b. When the land covered is not capable of
parties thereto. willful acts of the registration (Palomo v. CA)
registered owner and c. When the acquisition of certificate is
which may have been attended by fraud (Meneses v. CA)
executed even without
his knowledge or Wee v. Mardo
against his consent. A Torrens title can be attached only for fraud,
within 1 year after the date of the issuance of the
As to Kinds decree of registration. Such attach must be direct,
1. Sale 1. Attachment and not by a collateral proceeding. The title
2. Real property 2. Mandamus represented by the certificate cannot be changed,
mortgage 3. Sale on execution altered, modified, enlarged, or diminished in a
3. Lease of judgment or collateral proceeding.
4. Pacto de retro sales for taxes
sale 4. Adverse claims Adoracion Rosales Rufloe, et al v. Leonarda
5. Extra-judicial 5. Notice of lis Burgos et al.
settlement pendens To be effective, the inscription in the registry
6. Free patent or 6. Expropriation must have been in good faith. A holder in bad faith
homestead 7. Forfeiture of a certificate of title is not entitled to the
7. Powers of 8. Auction sale on protection of the law, for the law cannot be used
attorney foreclosure of as a shield for fraud.
8. Trust mortgage
Effects of Registration An application for registration of an already titled
An innocent Entry thereof in the land constitutes a collateral attack on the existing
purchaser for value of day book of the RD is title. The title may be challenged only in a
registered land sufficient notice to all proceeding for that purpose, not in an application


for registration of a land already registered in the the land has been merely annotated on the
name of another person. After 1 year from its certificate of title (Quiniano v. CA)
registration, the title is incontrovertible and is no 5. Purchaser of land where the certificate of title
longer open to review. contains a notice of lis pendens
6. Sufficiently strong indications to impel closer
Carvajal v. CA inquiry into the location, boundaries and
Remedy of the petitioner is to file a separate condition of the lot (Francisco v. CA)
proceeding such as an action for specific 7. Purchaser with full knowledge of flaws and
performance or for reconveyance. defects in the title (Bernales v. IAC, Lu v.
Manipon)
MIRROR DOCTRINE; EXCEPTIONS
Sps. Domingo v. Reed
The presence of anything that excites or arouses
General Rule suspicion should then prompt the vendee to look
beyond the vendor’s certificate and investigate
Centeno v. CA, Sigaya v. Mayuga, Calma v. the title appearing on the face of that certificate. A
Lachica, Chua v. Soriano vendee who does not do so cannot be
GR: All persons dealing with property covered by denominated either as an innocent purchaser for
a Torrens certificate of title are not required to go value or as a purchaser in good faith and hence,
beyond what appears on the face of the title. does not merit the protection of the law.
When there is nothing on the Certificate of Title
indicating any cloud or vice in the ownership of Double Sale
the property, or any encumbrance thereon, the
purchaser is not required to explore further than Art. 1544(2), Civil Code. Where the same
what the Torrens Title upon its face indicates in registered owner sells the same land to 2
quest for any hidden defect or inchoate right that different persons who are unaware of the flaw
may subsequently defeat his right thereto. that lies in its title, the ownership of the land
passes to the vendee who first recorded it in the
The certificate, once issued, becomes a conclusive Register of Deeds.
evidence of the title/ownership of the land
referred to therein. What appears on the face of Art. 1544(3), Civil Code. Where the same
the title is controlling on questions of ownership registered owner sells the same land to 2
of the property in favor of the person whose name different persons who are unaware of the flaw
appears therein and such cannot be defeated by that lies in its title, the ownership of the land
adverse, open, and notorious possession; neither passes to the vendee who first recorded it in the
can it be defeated by prescription. Register of Deeds.

Galido v. Magrare Time of effectivity of registration
One who deals with property registered under the
Torrens system need not go beyond the certificate The RD, as a preliminary process in registration,
of title, but only has to rely in the certificate of note in such book the date, hour, and minute of
title.
reception of all instruments, in the order in which
they were received. They shall be regarded as
Heirs of Garvino v. CA registered from the time so noted, and the
NOTE: The sanctity of the Torrens System must
memorandum of each instrument, when made on
be preserved; otherwise, everyone dealing with the certificate of title to which it refers, shall bear
the property registered under the system will
the same date (Sec. 56, PD 1529).
have to inquire in every instance as to whether
the title had been regularly issued, contrary to the National Housing Authority v. Laurito
evident purpose of the law.
GR: The rule is that where 2 certificates of title are
issued to different persons covering the same
Exceptions to the Doctrine’s Applicability parcel of land in whole or in part, the earlier in
date must prevail as between the original parties
XPNs: and, in case of successive registration where more
1. Purchaser acted in bad faith (Egao v. CA) than one certificate is issued over the land, the
2. When the purchaser or mortgagee is a person holding title under the prior certificate is
financing institution e.g. GSIS (Dela Merced entitled to the property as against the person who
v. GSIS) relies on the second certificate.
3. Banks, as their business is on affected with
public interest (Omengan v. PNB) Beatingo v. Gasis, Bangis v. Heirs of Adolfo
4. Where a person buys land not from the NOTE: The rule that where 2 certificates purport
registered owner but from one whose right to to include the same land, the earlier in date


prevails, is valid only absent any anomaly or Del Prado v. Caballero
irregularity tainting the registration. The title serves as evidence of an indefeasible and
incontrovertible title 1 year after the issuance of
Forged or fraudulent deed may be the root of the decree of registration by the LRA.
a valid title
Remedy
Requisites:
The remedy is to file action for damages from the
1. The registered owner delivered or entrusted person who allegedly registered the property
the owner’s duplicate certificate of title to the from fraud, or if he had become insolvent or if the
forger. action is barred by prescription, to file an action
2. The certificate has already been transferred for recovery against the Assurance fund within a
from the name of the true owner to the forger. period of 6 years from the time the right to bring
3. The vendee or mortgagee is an innocent such action accrues.
purchaser for value.
Memorandum of encumbrances
Sps. Peralta v. Heirs of Abalon
GR: A forged deed is generally null and cannot It is not necessary to issue a new certificate on the
convey title. basis of an instrument which does not divest the
XPN: Section 55 of the Land Registration Act ownership or title from the owner or from the
denotes the registration of titles from the forger transferee of the registered owner. A brief
to the innocent purchaser for value. Thus, the memorandum of the nature of the instrument
qualifying point here is that there must be a entered into the certificate of title, signed by the
complete chain of registered title. This means that RD, shall serve as notice to third parties of the
all the transfers starting from the original rightful instruments affecting the property.
owner to the innocent holder for value — and that
includes the transfer to the forger — must be duly Conveyances and transfers
registered, and the title must be properly issued
to the transferee. Upon presentation by the owner who desires to
convey the land covered by his title of the proper
Tomas v. Tomas deed of conveyance and the owner’s duplicate
NOTE: The rule cannot be applied where the certificate to the RD, the latter shall —
owner still holds a valid and existing certificate of 1. Enter in the registration book the fact of
title covered the same property because the law conveyance.
protects the lawful holder of a registered title 2. Prepare a new certificate of title in the name
over the transfer of a vendor, bereft of any of the grantee.
transmissible right. 3. Cancel the original and owner’s duplicate
certificate of the grantor.
Innocent purchase for value
If the owner conveys only a portion of the land
Where registration is procured by fraud, the covered by the certificate of title, the RD shall,
owner may pursue all his legal and equitable upon approval of the plan of subdivision and
remedies against the parties to such fraud technical description of the land —
without prejudice, however, to the rights of any 1. Cancel the certificate of title of the grantor as
innocent holder for value of a certificate of title to the portion conveyed, or cancel the same
(Sec. 53[3], PD 1529). totally and have a new one issued to him as to
the remaining portion, at the grantor’s
option.
Sps. Vilamil v. Villarosa, Locsin v. Hizon, et al. 2. Issue a new certificate of title to the grantee
An innocent purchaser for value is one who buys of the portion conveyed to him.
the property of another without notice that some
other person has a right to or interest in that same Carrying over of encumbrances
property, and who pays a full and fair price at the
time of the purchase and before receiving any In conveyances of registered land, all subsisting
notice of another person’s claim. encumbrance’s or annotations appearing in the
registration book shall be carried over and stated
NOTE: The protection given to an innocent on the new certificate of title, except where said
purchaser for value extends to an innocent lessee, encumbrances or annotations are simultaneously
mortgagee, or other encumbrancer for value (Sec. released or discharged (Sec. 59, PD 1529).
32, PD 1529).


Mortgages and leases
Power of Attorney
Mortgages and leases shall be registered by filing
with the RD the instrument creating the mortgage Referred to as an authority to do some act in
and by a brief memorandum thereof made by the relation to lands, or the creation of estates
RD (Sec. 60, PD 1529). therein, or of charges thereon, which the owner,
granting or reserving such power, might himself
Mirror Doctrine applies to the right of a perform.
mortgagee
Any person may, by power of attorney, convey or
Arguelles v. Malarayat Rural Bank otherwise deal with registered land and the same
GR: A mortgagee has a right to rely in good faith shall be registered with the RD of the province or
on the certificate of title of the mortgagor of the city where the land lies. Any instrument revoking
property offered as security, and in the absence of such power of attorney shall be registered in a
any sign that might arouse suspicion, the like manner (Sec. 64, PD 1529).
mortgagee has no obligation to undertake further
investigation. Trust

XPNs: Fiduciary relationship with respect to property
which involves the existence of equitable duties
1. Banking Institutions imposed upon the holder of the title to the
property to deal with it for the benefit of another.
PNB v. Juamanoy
Banks are expected to exercise greater care Rules in the registration of trusts involving
and prudence in their dealings, including registered lands
those involving registered lands. A banking
institution is expected to exercise due TYPE HOW REGISTERED
diligence before entering into a mortgage
Whenever a deed or A note shall be made
contract.
other instrument is upon the original

filed for the purpose instrument creating or
Heirs of Paz Macalalad v. Rural Bank of
of transferring declaring the trust or
Pola, Inc.
registered land in other equitable
When the mortgagee is a bank, it cannot rely
trust, or upon any interest a reference by
merely on the certificate of title offered by the
equitable condition or number to the:
mortgagor in ascertaining the status of
limitation expressed 1. Certificate of title
mortgaged properties. Since its business is
therein, or for the to which it relates.
impressed with public interest, the
purpose of creating or 2. To the volume and
mortgagee-bank is duty-bound to be more
declaring a trust or page in the
cautious even in dealing with registered
other equitable registration book
lands. The rule that a person dealing with
interest in such land where it is
registered lands can rely solely on the
without transfer. registered.
certificate of title does not apply to banks.
No instrument which
Duque Rosario v. Banco Filipino Savings transfers, mortgages,
and Mortgage Bank or in any way deals
The ascertainment of the status or condition with registered land in
of a property offered to it as security for a trust shall be
loan must be a standard and indispensable registered unless the
part of its operations. enabling power is:
1. Expressly
2. Mortgagee does not directly deal with the Trusts with power of conferred in the
unregistered owner of real property sale trust instrument;
(Arguelles v. Malarayat Rural Bank). or
2. A final judgment or
Discharge or cancellation order of a court of
competent
A mortgage or lease on registered land may be jurisdiction has
discharged or cancelled by means of an construed the
instrument executed by the mortgagee or lessee instrument in favor
in a form sufficient in law, which shall be filed of the power.
with the RD who shall make the appropriate
memorandum upon the certificate of title (Sec. 62,
PD 1529).


No instrument which b. How and under whom such alleged right

transfers, mortgages, or interest is acquired
or in any way deals c. The description of the land in which the
with registered land in right or interest is claimed
trust shall be d. The certificate of title number
registered unless the 2. Such statement must be signed and sworn to
enabling power is: before a notary public
1. Expressly 3. Claimant shall state his residence or place to
conferred in the which all notices may be served upon him
Implied Trusts
trust instrument;
or Lozano v. Ballesteros
2. A final judgment or NOTE: Non-compliance with the formal
order of a court of requisites renders such adverse claim non-
competent registrable and ineffective.
jurisdiction has
construed the Registration of notice of adverse claim
instrument in favor
of the power. By filing a sworn statement with the Register of
Deeds of the province where the property is
located, setting forth the basis of the claimed right
ADVERSE CLAIM; NOTICE OF LIS PENDENS together with other data pertinent thereto. The
duty of the Register of Deeds to record the same
Adverse Claim on the title is ministerial.

Sajonas v. CA NOTE: Entry of the adverse claim filed on the day
It is a notice to third persons that someone is book is sufficient without the same being
claiming an interest on the property or has a annotated at the back of the corresponding
better right than the registered owner thereof, certificate of title.
and that any transaction regarding the disputed
land is subject to the outcome of the dispute. Logarta v. Mangahis
An adverse claim is a type of involuntary dealing
Valderama v. Arguilles designed to protect the interest of a person over a
The annotation of an adverse claim is a measure piece of real property by apprising third persons
designed to protect the interest of a person over a that there is a controversy over the ownership of
piece of real property, where the registration of the land. It seeks to preserve and protect the right
such interest or right is not otherwise provided of the adverse claimant during the pendency of
for by the Land Registration Act (PD 1529 or the the controversy where registration of such
Property Registration Decree), and serves a interest or right is not otherwise provided for by
warning to third parties dealing with said the Property Registration Decree. An adverse
property that someone is claiming an interest on claim serves as a notice to third persons, that any
the same or a better right than that of the transaction regarding the disputed land is subject
registered owner thereof. to the outcome of the dispute. Before a notice of
adverse claim is registered, it must be shown that
Purpose: To apprise third persons that there is a there is no other provision in law for the
controversy over the ownership of the land and to registration of the claimant’s alleged right in the
preserve and protect the right of the adverse property.
claimant during the pendency of the controversy.
Effectivity of adverse claim
When a claim or interest is adverse
The adverse claim shall be effective for a period of
1. Claimant’s right or interest in registered land 30 days from the date of registration. After the
is adverse to the registered owner. lapse of said period, the annotation of averse
2. Such right arose subsequent to the date of claim may be cancelled upon filing of a verified
original registration. petition therefor by the party in interest (Sec. 70,
3. No other provision is made in the decree for PD 1529).
the registration of such right or claim.
No second adverse claim based on the same
Formal requisites for purposes of registration ground shall be registered by the same claimant
(Sec. 70, PD 1529).
1. Adverse claimant must state the following in
writing:
a. His alleged right or interest


Effect of the registration of an adverse claim Question: What must an interested party do if he
seeks the cancellation of a registered adverse
It renders the adverse claim effective and any claim?
transaction regarding the disputed land shall be Answer: The interested party must file with the
subject to the outcome of the dispute. proper court a petition for cancellation of adverse
claim, and a hearing must also first be conducted.
Effect of non-registration of an adverse claim
Notice of Lis Pendens
The effect of non-registration or invalid
registration of an adverse claim renders it Lis pendens literally means a pending suit. The
ineffective for the purpose of protecting the doctrine of lis pendens refers to the jurisdiction,
claimant’s right or interest on the disputed land, power or control which a court acquires over
and could not prejudice any right that may have property involved in a suit, pending the
arisen thereafter in favor of third parties. continuance of the action, and until final
judgment.
Sajonas v. CA
An adverse claim is not ipso facto cancelled upon It merely creates a contingency and not a lien. It
the lapse of 30 days from its registration. There does not produce any right or interest which may
must be a petition for the purpose to afford the be exercised over the property of another. It only
adverse claimant an opportunity to be heard. protects the applicant’s rights which will be
determined during trial.
Limitations to the registration of an adverse
claim NOTE: It is not a lien or encumbrance under our
civil law. It is mere cautionary notice to
1. No second adverse claim based on the same prospective buyers of certain property that said
ground may be registered by the same property is under litigation. The annotation of a
claimant; notice of lis pendens at the back of the original
2. A mere money claim cannot be registered as copy of the certificate of title on file with the
an adverse claim. Register of Deeds is sufficient to constitute
constructive notice to purchasers or other
Question: May an adverse claim exist persons subsequently dealing with the same
concurrently with a subsequent annotation of a property. One who deals with property subject of
notice of lis pendens? a notice of lis pendens cannot invoke the right of
Answer: YES, an adverse claim may exist a purchaser in good faith neither can he acquire
concurrently with a subsequent annotation of a better rights that those of his predecessors-in-
notice of lis pendens. When an adverse claim interest.
exists concurrently with a notice of lis pendens,
the notice of adverse claim may be validly J Casim Construction Supplies v. Registrar of
cancelled after the registration of such notice, Deeds of Las Piñas
since the notice of lis pendens also serves the The notice of lis pendens is ordinarily recorded
purpose of the adverse claim. without the intervention of the court where the
action is pending. The notice is but an incident in
Lifespan and effect of expiration an action, an extrajudicial one, to be sure. It does
not affect the merits thereof. It is intended merely
The adverse claim shall be effective for a period to constructively advise, or warn, all people who
of 30 days from the date of registration and it deal with the property that they so deal with it at
may be cancelled. their own risk, and whatever rights they may
acquire in the property in any voluntary
The expiration does not ipso facto terminate transaction are subject to the results of the action,
the claim. The cancellation of the adverse claim and may well be inferior and subordinate to those
is still necessary to render it ineffective; which may be finally determined and laid down
otherwise, the inscription will remain annotated therein.
and shall continue as a lien to the property.
Yu v. CA
Question: May the RD cancel an adverse claim? The title obtained by the transferee pendente lite
Answer: NO, the RD cannot, on its own, (pending suit) affords him no special protection;
automatically cancel the adverse claim. he cannot invoke the rights of a purchaser in good
NOTE: Before the lapse of 30-day period, the faith and cannot acquire better rights than those
claimant may file a sworn petition withdrawing of his predecessor-in-interest.
his adverse claim, or a petition for cancellation of
adverse claim may be filed in the proper RTC.


Purposes of a notice of lis pendens 2. It binds a purchaser, bona fide or not, of the
land subject of the litigation to the judgment
1. Protects the rights of the party causing the or decree that the court will promulgate
registration of the lis pendens subsequently.
2. Advise third persons who purchase or
contract on the subject property that they do However, the filing of a notice of lis pendens does
so at their peril and subject to the result of the not create a right or lien that previously did not
pending litigation exist. Without a notice of lis pendens, a third party
who acquires the property after relying only on
NOTE: A notice of lis pendens may involve actions the certificate of title is a purchaser in good faith.
that deal not only with title or possession of a
property, but also with the use or occupation of a Question: May an adverse claim exist
property. The litigation must directly involve a concurrently with a subsequent annotation of a
specific property which is necessarily affected by notice of lis pendens?
the judgment. Answer: YES, an adverse claim may exist
concurrently with a subsequent annotation of a
Notice of lis pendens; appropriate in the notice of lis pendens. When an adverse claim
following cases exists concurrently with a notice of lis pendens,
the notice of adverse claim may be validly
1. Action to recover possession of real estate cancelled after the registration of such notice,
2. Action to quiet title thereto since the notice of lis pendens also serves the
3. Action to remove clouds upon the title thereof purpose of the adverse claim.
4. Any other proceeding of any kind in court
directly affecting the title to the land or the Cancellation of lis pendens
use of occupation thereof or the building
thereon; and GR: Notice of lis pendens cannot be cancelled
5. For partition while the action is still pending.
XPNS:
When inapplicable 1. When it is shown that the notice is for the
purpose of molesting the adverse party.
1. Proceedings for the recovery of money 2. Where the evidence so far presented by the
judgment plaintiff does not bear out the main
2. Preliminary attachments allegations of the complaint.
3. Proceedings on the probate of wills 3. When it is shown that it is not necessary to
4. Administration of the estate of deceased protect the right of the party who caused the
persons registration thereof.
5. Levies on execution 4. Where the continuances of the trial are
6. Foreclosure unnecessarily delaying the determination of
7. Recover possession of real estate the cases to the prejudice of the defendant.
8. Quieting of title, remove clouds upon title 5. upon verified petition of the party who
9. For partition caused the registrations thereof.
10. Any other proceeding of any kind in court 6. It is deemed cancelled after final judgment in
directly affecting title to the land or its use favor of the defendant, or other disposition of
or occupation or the building thereon. the action such as to terminate all rights of the
plaintiff to property involved.
When inapplicable
Requisites:
1. Preliminary attachments
2. Levy or execution 1. Must be before final judgment.
3. Proceedings on probate or wills 2. Upon order of the court.
4. Administration of the real estate of 3. Upon action by the RD at the instance of the
deceased person party caused the registration OR upon
5. Proceedings for the recovery of money verified petition of the latter.
judgments 4. Must be due to the grounds mentioned.

Effects of the annotation of notice of lis Adverse Claim and Notice of Lis Pendens
pendens
Both are different remedies which may be availed
1. It keeps the subject matter of litigation within of at the same time.
the power of the court until the entry of the
final judgment to prevent the defeat of the The annotation of a notice of lis pendens at the
final judgment by successive alienation; and back of a certificate of title does not preclude the


subsequent registration on the same certificate of Purpose of reconstitution of title
title of an adverse claim.
To have the same reproduced, after proper
Valderama v. Arguelles proceedings, in the same form they were when
In Paz Ty Sin Tei v. Jose Lee Dy Piao, the Court ruled the loss or destruction occurred.
that it would not only be unreasonable but also
oppressive to hold that the subsequent institution The reconstitution or reconstruction of a
of an ordinary civil action would work to divest certificate of title literally denotes restoration of
the adverse claim of its validity, for a notice of lis the instrument which is supposed to have been
pendens may be cancelled even before the action lost or destroyed in its original form and
is finally terminated for causes which may not be condition.
attributable to the claimant.
A reconstitution of title does not pass upon the
NOTICE OF LIS ownership of land covered by the lost or
ADVERSE CLAIM destroyed title but merely determines whether a
PENDENS
re-issuance of such title is proper. Restitution is
As to definition proper only when it is satisfactorily shown that
Literally means the title sought to be reconstituted is lost or no
pending suit. It longer available.
operates as a notice to
the whole world that a Question: May a writ of possession be issued in a
Notice to third
particular property is petition for reconstitution?
persons that any
litigation. Inscription Answer: NO. In a land registration case, a writ of
transaction regarding
serves as a warning possession may be issued only pursuant to a
the disputed land is
that one who acquires decree of registration in an original land
subject to the
interest over litigated registration proceeding not only against the
outcome of the
property does so at his person who has been defeated in a registration
dispute.
own risk, or that he case but also against anyone adversely occupying
gambles on the result the land or any portion thereof during the
of the litigation over proceedings up to the issuance of the decree.
the property. However, it cannot be issued in a petition for
As to purpose reconstitution of an allegedly lost or destroyed
Its purpose is to certificate of title. Reconstitution does not
protect the rights of confirm or adjudicate ownership over the
that there is the party causing the property covered by the reconstituted title as in
controversy over the registration of the lis original land registration proceedings where, in
ownership of the land pendens and to advise the latter, a writ of possession may be issued to
and to preserve and third persons who place the applicant- owner in possession.
protect the right of purchase or contract
the adverse claimant on the subject Requisites for the issuance of an order for
during the pendency property that they do reconstitution
of the controversy. so at their peril and
subject to the result of 1. That the certificate of title had been lost or
the pending litigation. destroyed;
2. That the documents presented by petitioner
REMEDY IN CASE OF LOST TITLE are sufficient and proper to warrant
reconstitution of the lost or destroyed
certificate of title;
Reconstitution of certificate of title 3. That the petitioner is the registered owner
of the property or had an interest therein;
The restoration of the instrument which is 4. That the certificate of title was in force at the
supposed to have been lost or destroyed in its time it was lost or destroyed;
original form and condition, under the custody of 5. That the description, area, and boundaries
Register of Deeds. of the property are substantially the same as
those contained in the lost or destroyed
The process involves diligent circumspect certificate of title.
evaluation of the authenticity and relevance of all
the evidence presented for fear of the chilling
consequences of mistakenly issuing a
reconstituted title when in fact the original is not
truly lost or destroyed.


Jurisdictional requirements in petitions for 3. Certified copy of such certificate, previously
reconstitution of title issued by the RD
4. Authenticated copy of the decree of
Notice thereof shall be: registration or patent, as the case may be,
which was the basis of the certificate of title;
1. Published twice in successive issues of the 5. Deed or mortgage, lease or encumbrance
Official Gazette containing description of property covered
2. Posted on the main entrance of the by the certificate of title and on file with the
provincial building of the municipal RD, or an authenticated copy thereof;
building of the municipality or city, where 6. Any other document which, in the judgment
the land is situated of the court, is sufficient and property basis
3. Sent by registered mail to every person for reconstitution.
named in said notice.
For TCT
The above requirements are mandatory and
jurisdictional. 1. Owner’s duplicate of the certificate of title;
2. Co-owner’s, mortgagee’s or lessee’s
NOTE: Where the owner’s duplicate certificate of duplicate of said certificate;
title is not in fact lost or destroyed, a petition for 3. Certified copy of such certificate, previously
the issuance of a new owner’s duplicate certificate issued by the RD
is unwarranted, as in fact the court has no 4. Deed of transfer of other document, on file
jurisdiction over the petition, and any owner’s in the registry of deeds, or an authenticated
duplicate issued pursuant to said petition is null copy thereof, showing that its original had
and void. been registered, and pursuant to which the
lost or destroyed transfer of certificate was
Kinds of reconstitution of title issued;
5. A document, on file with the RD, by which
1. Juridical - Partakes the nature of a land the property, the description of which is
registration proceeding in rem. The given in said document, is mortgaged,
registered owners, assigns, or any person leased or encumbered, or an authenticated
having an interest in the property may file a copy of said document showing that its
petition for that purpose with RTC where original had been registered;
property is located. RD is not the proper 6. Any other document which, in the judgment
party to file the petition. of the court, is sufficient and proper basis
2. Administrative – May be availed of only in for reconstitution.
case of:
a. Substantial loss or destruction of Administrative reconstitution
original land titles due to fire, flood, or
another force majeure as determined 1. Owner’s duplicate of the certificate of title
by the Administrator of the LRA (DCT); and
b. The number of certificates of title lost 2. Co-owner’s, mortgagee’s or lessee’s DCT
or damaged should be at least 10% of
the total number in the possession of Where reconstituted title is a nullity, the
the Office of the RD. In no case shall the order for reconstitution may be attacked at
number of certificates of title lost or any time
damaged be less than 500
c. Petitioner must have the duplicate A reconstitution of Torrens title, whether judicial
copy of the certificate of title or administrative, cannot proceed once it is
shown that another Torrens title has already been
Juridical reconstitution issued to another person over the same property.
The reconstituting body or court has no
Section 2 of R.A. No. 26 governs reconstitution of jurisdiction to issue another Torrens title over the
original certificates of title (OCT) while Section 3 same property to the petitioner. The existence of
governs petitions for reconstitution of transfer a prior title ipso facto nullifies the reconstitution
certificates of title (TCT). proceedings.

Juridical reconstitution The proper recourse is to assail directly in a
proceeding before the regional trial court the
For OCT validity of the Torrens title already issued to the
other person.
1. Owner’s duplicate of the certificate of title;
2. Co-owner’s, mortgagee’s or lessee’s NOTE: Petition for reconstitution can be barred
duplicate of said certificate; by laches.


Persons entitled to a DCT: 5. Act as Clerk of Court in land registration
1. Registered owner proceedings
2. Each co-owner 6. Exercise executive supervision over all clerks
of court and personnel of the courts with
Requirements for replacement of lost DCT respect to the discharge of their duties and
functions in relation to the registration of
1. Due notice under oath shall be sent by the lands
owner or by someone in his behalf to the 7. Exercise supervision and control over all RDs
Register of Deeds of the province or city and other personnel of the Commission.
where the land lies as soon as the loss or
theft is discovered. NOTE: The duty of the LRA to issue a decree of
2. Petition for replacement should be filed registration is ministerial only in the sense that
with the RTC of the province or city where they act under the orders of the court, and the
the land lies. decree must be in conformity with the decision of
3. Notice to Solicitor General by petitioner is the court and with the date found in the record.
not imposed by law but it is the RD who However, if they are in doubt upon any point in
should request for representation by the relation to the preparation and issuance of the
SolGen decree, it is their duty to refer the matter to the
4. A proceeding where the certificate of title court.
was not in fact lost or destroyed is null and
void for lack of jurisdiction and the newly Sps. Mariano v. LRA
issued duplicate is null and void. The duty of the LRA to issue decree is not
compellable by mandamus. A land registration
court has not jurisdiction to order the registration
VI. ADMINISTRATION OF THE TORRENS
of land already decreed in the name of another in
SYSTEMS
an earlier land registration case. A second decree
for the same land would be null and void, since the
LAND REGISTRATION AUTHORITY principle behind original registration is to
register a parcel of land only once. Thus, if it is

proven that the land which petitioners are
Agency of the government charged with the
seeking to register has already been registered in
execution of law relative to the registration of 1904 and 1905, the issuance of a decree of
lands and under executive supervision of the DOJ
registration to petitioners will run counter to said
(PD 1529, Sec. 4). principle. As the title of the respondents, who

hold certificates of title under the Land
Functions of the LRA
Registration Act becomes indefeasible, it follows
that the Court of First Instance has no power or
1. Extend speedy and effective assistance to the
jurisdiction to entertain proceedings for the
government agencies in the implementation registration of the same parcels of land covered
of the land reform program by the certificates of title of the respondents.
2. Extend assistance to courts in ordinary and

cadastral registration proceedings
3. Be the central repository of records relative REGISTER OF DEEDS
to original registration of lands titled under
the Torrens system The public repository of records of instruments
affecting registered or unregistered lands and
Functions of the LRA Administrator chattel mortgages in the province or city wherein
such office is located.
1. Issue decrees of registration pursuant to final
judgments of the courts in land registration Functions and duties of the RD
proceedings and cause the issuance by the RD
of the corresponding certificates of title 1. Immediately register an instrument
2. Resolve cases elevated en consulta by or on presented for registration dealing with real
appeal from the decision of the RD or personal property which complies with all
3. Verify and approve subdivision, the requisites for registration.
consolidation, and consolidation-subdivision 2. See to it that said instrument bears the proper
survey plans or properties under Act 496 and documentary and science stamps and that the
PD 1529 except those covered by PD 957 same are properly canceled.
4. Implement all orders, decisions, and decrees 3. Deny registration if the instrument is not
promulgated relative to the registration of registerable (on its face), and inform the
lands and issue, subject to the approval of the presentor of such denial in writing, stating
Sec. of Justice, all needful rules and the ground or reason.
regulations


4. Advise the presentor (denied of registration) Philippine Cotton Corporation v. Gagoomal
of his right to appeal by consulta. and Ang
5. Prepare and keep an index system which The Register of Deeds may likewise properly
contains the names of all registered owners refuse registration of an order attachment when
alphabetically arranged, and all lands it appears that the title involved is not in the name
respectively registered in their names. of the defendant and there is no evidence
submitted to indicate that the said defendant has
Duty to register: ministerial in nature any present or future interest in the property
covered by the titles.
Baranda v. Gustilo
The function of the RD with reference to the It shall be the duty of the Register of Deeds to
registration of deeds, encumbrances, immediately register an instrument presented for
instruments, and the like is ministerial in nature. registration dealing with real or personal
property which complies with all the requisites
The RD is entirely precluded form exercising his for registration. He shall see to it that said
personal judgment and discretion when instrument bears the proper documentary and
confronted with the problem of whether to science stamps and that the same are properly
register a feed or instrument on the ground that it cancelled. If the instrument is not registrable, he
is invalid. The determination of whether a shall forthwith deny registration thereof and
document is valid or not is a function that belongs inform the presentor of such denial in writing,
to a court of competent jurisdiction. stating the ground or reason therefor, and
advising him of his right to appeal by consulta in
Almirol v. The RD of Agusan accordance with Section 117 of this Decree.
The law on registration does not require that only
valid instruments shall be registered. If the Instances when RD may deny registration
purpose of registration is merely to give notice,
then questions regarding the effect of invalidity of 1. When the document is not verified and
instruments are expected to be decided after, not acknowledged before a notary public or other
before registration. It must follow as a necessary public officer authorized by law to take
consequence that registration must first be acknowledgment (Gallardo v. IAC)
allowed, and its validity or effect is litigated 2. When the land involved is non-registrable
afterwards. land
3. Where required certificates or documents are
Office of the Ombudsman v. Manalastas not submitted
The office of the Register of Deeds constitutes a 4. Where there is more than 1 copy of the
public repository of records of instruments owner’s duplicate certificate of title and not
affecting registered or unregistered lands and all such copies are presented in the RD (i.e.
chattel mortgages in the province or city wherein When there are co-owner’s duplicates of the
such office is situated. same title)
5. Where the property is presumed to be
It shall be the duty of the Register of Deeds to conjugal but the instrument of conveyance
immediately register an Instrument presented for bears the signature of only one spouse
registration dealing with real or personal 6. Where the voluntary instrument bears on its
property which complies with all the requisites face an infirmity
for registration. He shall see to it that said 7. Where the validity of the instrument sought
instrument bears the proper documentary and to be registered is in issue in a pending court
science stamps and that the same are properly suit
canceled. If the instrument is not registrable, he
shall forthwith deny registration thereof and EN CONSULTA; DEFINITION; PURPOSE
inform the presentor of such denial in writing,
stating the ground or reason therefor, and
advising him of his right to appeal by consulta in En consulta. The reference of a question to the
accordance with Section 117 of this Decree. Commission of Land Registration by an RD when
he is in doubt as to the proper step to be taken
Since registration of documents is a ministerial when a deed or instrument is presented to him for
act and merely creates a constructive notice of its registration.
contents against all third persons, the Register of
Deeds is not authorized to determine whether or When the RD is in doubt with regard to the proper
not fraud was committed in the document sought step to be taken or memorandum to be made in
to be registered. pursuance of any deed, mortgage, or other
instrument presented to him for registration, or
where any party in interest does not agree with
the action taken by the RD with reference to any


such instrument, the question shall be submitted Statement of material dates
to the Commissioner of Land registration by the
RD, or by the party in interest through the RD. Include a statement that the corporation sole has
until a particular date (it should be within five
A certain RD denied the registration of the Deed days)to elevate the matter by consulta to the LRA.
of Absolute Sale executed by a corporation sole on
the ground that “Court Approval is necessary Statement of facts
since the Vendor being a corporation sole
pursuant to Section 113 of BP 68, the Corporation Whether or not the Deed of Absolute Sale is
Code of the Philippines.” registrable, despite the absence of a Court
Approval allowing the corporation sole, to sell the
Pursuant to Section 117 of PD 1529 (Property Property?
Registration Decree) we elevate the matter to
LRA by way of consulta. Discussion

Basis of consulta Section 113 of the Corporation Code of the
Philippines was the basis for the denial of
Section 117, PD 1529. Procedure. When the registration by the Register of Deeds.
Register of Deeds is in doubt with regard to the
proper step to be taken or memorandum to be
VII. SYSTEMS OF REGISTRATION
made in pursuance of any deed, mortgage or other
instrument presented to him for registration, or
where any party in interest does not agree with ORIGINAL REGISTRATION; NATURE;
the action taken by the Register of Deeds with JURISDICTION; EXCEPTION
reference to any such instrument, the question
shall be submitted to the Commissioner of Land
Nature
Registration by the Register of Deeds, or by the

party in interest thru the Register of Deeds.
Where the instrument is denied registration, the Judicial proceedings for the registration of lands
throughout the Philippines shall be in rem and
Register of Deeds shall notify the interested party
shall be based on the generally accepted
in writing, setting forth the defects of the
instrument or legal grounds relied upon, and principles underlying the Torrens system.

advising him that if he is not agreeable to such
ruling, he may, without withdrawing the Proceedings is brought before the RTC (as a land
registration court) to determine title or
documents from the Registry, elevate the matter
ownership of land on the basis of an application
by consulta within five days from receipt of notice
of the denial of registration to the Commissioner for registration or answer/opposition by
claimant in a cadastral registration.
of Land Registration.

The Register of Deeds shall make a memorandum Jurisdiction

of the pending consulta on the certificate of title
which shall be cancelled motu proprio by the GR: The RTC of the province, city, or municipality
where the property is situated.
Register of Deeds after final resolution or decision

thereof, or before resolution, if withdrawn by
petitioner. XPN: Delegated jurisdiction to the MTC, MeTC and
MCTC by the SC in cadastral and land registration

The Commissioner of Land Registration, cases if:
1. There is no controversy or opposition over
considering the consulta and the records certified
the land; or
to him after notice to the parties and hearing, shall
enter an order prescribing the step to be taken or 2. The lot is contested but its value is less than
P100,000
memorandum to be made. His resolution or ruling

in consultas shall be conclusive and binding upon
all Registers of Deeds, provided, that the party in NOTE: The decision of first-level courts shall be
appealable to the CA.
interest who disagrees with the final resolution,
ruling or order of the Commissioner relative to
Registration court not divested of jurisdiction
consultas may appeal to the Court of Appeals
by administrative act for the issuance of
within the period and in manner provided in
Republic Act No. 5434. patent

De los Angeles v. Santos
A land registration court which has validly
acquired jurisdiction over a parcel of land for

registration of title cannot be divested of said


jurisdiction by a subsequent administrative act Land owned in common
consisting in the issuance of a homestead patent
covering the same land. All the co-owners shall file the application jointly.

Land registration courts can now hear and Land sold under pacto de retro
decide controversial and contentious cases
such as validity of a tax sale GR: The vendor a retro may file an application for
the original registration of the land, provided,
Solco v. Megaworld Corporation however, that he secures the written consent of
PD 1529, with the intention to avoid multiplicity the purchaser. If the latter refuses to give it, he
of suits and to promote expeditious termination must set forth in the application the sale with
of cases, had eliminated the distinction between right to purchase, in order that the same may
the general jurisdiction vested in the RTC and the likewise be recorded in the decree of registration.
latter’s limited jurisdiction when acting merely
as a land registration court. Land registration XPN: When the period for redemption expires
courts can now hear and decide even during the pendency of the registration
controversial and contentious cases, as well as proceedings and ownership to the property is
those involving substantial issues. Certainly, the consolidated in the vendee a retro, the latter shall
court a quo had jurisdiction to rule on all matters be substituted for the applicant and continue the
necessary for the determination of the issue of proceedings.
ownership, including the validity of the tax sale.
A trustee on behalf of his principal may apply for
Jurisdiction in civil cases involving title to original registration of any land held in trust by
property him, unless prohibited by the instrument creating
the trust.
RTCs shall exercise exclusive original jurisdiction
in all civil actions which involve the title to, or Amendment
possession of, real property or any interest
therein: PD 1529 RA 11573
1. Where the assessed value of the property
exceeds P20,000; or Application for
2. For civil actions in metro manila, where such registration of title to
value exceeds P50,000. Application for land, not exceeding
registration of title to twelve (12) hectares,
Voluntary land is filed in the is filed in the proper
proper CFI whether RTC in the province
Property Registration Decree (P.D. 1529) personally or through where the land is
their duly authorized located, whether
Who may apply? representatives personally or through
their duly authorized
The following persons may file in the proper court representatives.
an application for registration of title to land, Those who by
whether personally or through their duly themselves or through
authorized representatives: their predecessors-in-
Those who by
interest have been in
1. Those who by themselves or through their themselves or
open, continuous,
predecessors-in-interest have been in open, through their
exclusive and
continuous, exclusive and notorious predecessors-in-
notorious possession
possession and occupation of alienable and interest have been in
and occupation of
disposable lands of the public domain under open, continuous,
alienable and
a bona fide claim of ownership since June 12, exclusive and
disposable lands of the
1945, or earlier. notorious possession
public domain not
2. Those who have acquired ownership of and occupation of
covered by existing
private lands by prescription under the alienable and
certificates of title or
provision of existing laws. disposable lands of
patents under a bona
3. Those who have acquired ownership of the public domain
fide claim of
private lands or abandoned river beds by under a bona fide
ownership for at
right of accession or accretion under the claim of ownership
least twenty (20)
existing laws. since June 12, 1945,
years immediately
4. Those who have acquired ownership of land or earlier.
preceding the filing
in any other manner provided for by law. of the application for
confirmation of title


except when instruments, the file number and the date as
prevented by war or well as the hour and minute when the
force majeure. They document was received for recording as
shall be conclusively shown in the Primary Entry Book, returning
presumed to have to the registrant or person in interest the
performed all the duplicate of the instrument, with appropriate
conditions essential to annotation, certifying that he has recorded
a Government grant the instrument after reserving one copy
and shall be entitled to thereof to be furnished the provincial or city
a certificate of title assessor as required by existing law.
under this section.
Those who have (d) Tax sale, attachment and levy, notice of lis
acquired ownership pendens, adverse claim and other
of private lands by (This paragraph was instruments in the nature of involuntary
prescription under removed) dealings with respect to unregistered lands, if
the provision of made in the form sufficient in law, shall
existing laws. likewise be admissible to record under this
section.

System of Registration of Unregistered Lands (e) For the services to be rendered by the
(Section 113) Register of Deeds under this section, he shall
collect the same amount of fees prescribed
No deed, conveyance, mortgage, lease, or other for similar services for the registration of
voluntary instrument affecting land not deeds or instruments concerning registered
registered under the Torrens system shall be lands.
valid, except as between the parties thereto,
unless such instrument shall have been recorded Judicial Confirmation of Imperfect or
in the manner herein prescribed in the office of Incomplete Title (C.A. 141)
the Register of Deeds for the province or city
where the land lies. Who may apply?

(a) The Register of Deeds for each province or
city shall keep a Primary Entry Book and a Filipino citizens who by
Registration Book. The Primary Entry Book themselves or through their
shall contain, among other particulars, the predecessors-in-interest have been
entry number, the names of the parties, the in open, continuous, exclusive and
nature of the document, the date, hour and notorious possession and
Sec. 48,
minute it was presented and received. The occupation of alienable and
CA 141
recording of the deed and other instruments disposable lands of public domain
relating to unregistered lands shall be under a bona fide claim of
effected by any of annotation on the space acquisition since June 12, 1945 or
provided therefor in the Registration Book, prior thereto or since time
after the same shall have been entered in the immemorial.
Primary Entry Book.
Those who by themselves or
(b) If, on the face of the instrument, it appears through their predecessors in
that it is sufficient in law, the Register of interest have been in open,
Deeds shall forthwith record the instrument continuous, exclusive, and notorious
in the manner provided herein. In case the possession and occupation of
Register of Deeds refuses its administration Sec. 1, agricultural lands of the public
to record, said official shall advise the party in RA 1942 domain, under a bona fide claim of
interest in writing of the ground or grounds acquisition of ownership, for at least
for his refusal, and the latter may appeal the thirty years immediately preceding
matter to the Commissioner of Land the filing of the application for
Registration in accordance with the confirmation of title except when
provisions of Section 117 of this Decree. It prevented by war or force majeure.
shall be understood that any recording made
under this section shall be without prejudice Any natural born citizen who has
to a third party with a better right. lost his Philippine citizenship and
Sec. 5, who has the legal capacity to
(c) After recording on the Record Book, the RA 8179 enter into a contract under
Register of Deeds shall endorse among other Philippine laws may be a
things, upon the original of the recorded transferee of a private land up to a


maximum area of five thousand PD 1529 CA 141
(5,000) square meters in the case of
urban land or three (3) hectares in The presumption
the case of rural land to be used by always is that the land
him for business or other purposes. applied for pertains to
In the case of married couples, one the State, and that the
There exists a title
of them may avail of the privilege occupants and
which is to be
herein granted: Provided, That if possessors claim an
confirmed by the
both shall avail of the same, the total interest only in the
court
area acquired shall not exceed the same by virtue of their
maximum herein fixed. imperfect tile or
continuous, open, and
Natural-born citizens of the
notorious possession
Philippines who have lost their
Philippine citizenship, who have The court may
Sec. 8, dismiss the
acquired disposable and
Art. XII, application of the The court has
alienable lands of the public
1987 applicant with or jurisdiction to
domain from Filipino citizens who
Consti. without prejudice to adjudicate land in
had possessed the same in the same
manner and length of time the right to file a new favor of any of the
mentioned in 1 and 2. application for the conflicting claimants
registration of the
Private domestic corporations or same land
associations which had acquired
lands from Filipino citizens who had Only risk that an
The applicant runs the
possessed the same in the manner applicant runs is to
risk of losing the land
and for the length of time indicated have his application
applied for
in 1 and 2. denied
Vests in the Director of
What must be proven by the applicant Lands and Secretary of
DENR the authority to
1. The land is alienable and disposable land of dispose and manage
public domain; public lands
2. They have been in open, continuous,
exclusive, and notorious possession and
occupation of the land for the manner and Involuntary
length of time provided by the law.
Cadastral proceedings
Filing of application
Nature
GR: The application for land registration shall be
filed with the RTC of the province or city where An involuntary proceeding in rem, initiated by the
the land is situated (Sec. 17, PD 1529). filing of petition for registration by the
government to adjudicate titles for all the land
XPN: Delegated jurisdiction of the MTC to hear within a stated area, whether or not the people
and determine cadastral or land registration living within desire to have titles issued. Here, all
cases covering lots, where there is no controversy claimants are compelled to litigate against one
or opposition, or contested, but the value does another regarding their respective claims of
not exceed P100,000. (Sec. 34, BP 129, as amended ownership.
by RA 7691)
NOTE: Here, the government does not seek the
registration of land in its name. the objective of
the proceeding is the adjudication of title to the
lands or lots involved in said proceeding.

Involuntary proceeding

Cadastral proceeding is a compulsory registration
initiated by the government, to adjudicate
ownership of land. Involuntary on the part of the
claimants but they are compelled to substantiate
their claim or interest through an answer.


Purpose VOLUNTARY CADASTRAL
REGISTRATION REGISTRATION
1. To serve the public interest by requiring that
the titles to any unregistered lands be settled Navarro v. Director
and adjudicated (Sec. 35[a], PD 1529) Vda De Villanueva v. of Lands
2. To settle all disputes over the land CA If the applicant cannot
3. To remove all clouds over land titles, as far as There is no res prove that he is
practicable, in a community judicata when the entitled to the land,
applicant fails to the land becomes
Limitation to area applied for prove his title public land. There is
res judicata.
Maximum of 12 hectares (Sec. 3, RA 6940)
When the lands have been surveyed or plotted,
Procedure the Director of Lands, represented by the Solicitor
General, shall institute original registration
1. Determination by the President that public proceedings before the RTC (Sec. 36, PD 1529).
interest requires title to unregistered
lands be settled and adjudicated (Sec. Jurisdiction and powers of the cadastral court
35[a], PD 1529) in cadastral proceedings
2. Notice of cadastral survey by the Director
of Lands published once in the Official 1. Adjudicate title to any claimant entitled
Gazette and posted in a conspicuous place; thereto
with copies furnished to the mayor and 2. Declare land as a public land
barangay captain (Sec. 35[b], PD 1529) 3. Order the correction of the technical
3. Notice of date of survey of Bureau of Land description
Management and posting in bulletin board 4. Order the issuance of new title in place of the
of the municipal building of the title issued under voluntary registration
municipality or barrio, and shall mark the proceedings
boundaries of the lands by monuments set 5. Determine the priority of overlapping title
up in proper places thereon (Sec. 35[c], PD 6. Order the partition of the property
1529)
4. Cadastral survey (Sec. 35, PD 1529) Actions taken by the cadastral court at the
NOTE: Only unregistered lands may be the trial
subject of a cadastral survey
5. Filing of petition (Sec. 36, PD 1529) 1. Judgment or decision, which adjudicates
6. Publication, mailing, and posting ownership of the land involved in favor of one
NOTE: Publication of notice of initial or more claimants, or if there are no
hearing to be published twice in successful claimants, declare such as a public
successive issues of the Official Gazette land. This is the decree of the court.
7. Filing of answer (Sec. 37, PD 1529) 2. Declaration by the court that the decree is
8. Hearing of the case (Sec. 38, PD 1529) final and its order for the issuance of the
9. Decision (Sec. 38, PD 1529) certificate of title by the LRA
10. Issuance of decree and certificate of title 3. Registration of the decree by the LRA and
(Sec. 38, PD 1529) issuance of the corresponding certificate of
title.
Director of Lands v. CA and Pastor
A decision in a cadastral proceeding declaring Doctrine
land as a public land does not preclude the
claimant from subsequently seeking a judicial Republic v. Vera, Widows and Orphans Ass’n,
confirmation of his title to the same land under Inc. v. CA
Sec. 48, CA 141. The Cadastral court is not limited to merely
adjudication of ownership in favor of one or more
Republic v. Nillas claimants. If there are no successful claimants, the
Neither prescription nor laches may render property is declared public land. Additionally,
inefficacious a decision in a land registration case. while the court has no jurisdiction to adjudicate
lands already covered by a COT, it is true that this
Rodriguez v. Toreno rule only applies where there exists no serious
A cadastal case is a judicial proceeding in rem controversy as to the certificate’s authenticity vis-
which binds the whole world. A final judgment à-vis the land covered therein.
rendered therein will constitute res judicata.


ORDINARY Constitutional Basis
CADASTRAL
REGISTRATION
PROCEEDING The State, subject to the provisions of the
PROCEEDING
Constitution and national development policies
As to nature of registration and programs, shall protect the rights of
Voluntary Compulsory indigenous cultural communities to their
ancestral lands to ensure their economic, social,
As to applicant
and cultural well-being.
Director of Lands thru
Landowner
the Solicitor General The Congress may provide for the applicability of
As to lands covered customary laws governing property rights or
relations, in determining the ownership and
Usually involves extent of ancestral domain (Sec. 5, Art. XII, 1987
private land it may Constitution).
also refer to public
All classes of lands are
agricultural lands if Cruz v. Secretary of DENR
included
the object of the The SC upheld the constitutionality of the IPRA, as
action is confirmation it grants to ICCS/Ips a distinct kind of ownership
of an imperfect title over ancestral domains and ancestral lands. It
As to parties was to address the centuries old neglect of the
Landowners must Philippine indigenous peoples that the 10th
Applicant and come to court as Congress of the Philippines passed and approved
oppositor claimants of their RA 8371.
owner lands
As to purpose Who may apply?

Petitioner comes to
Government asks the Indigenous Cultural Communities or
court to confirm his
court to settle and Indigenous Peoples (ICCs/IPs)
title and seeks the
adjudicate the title the
registration of the
land 1. Group of people or homogenous societies
land in his name
identified by self-ascription and ascription by
As to survey another, who —
Survey applied for its It is the government
done at the instance that undertakes the a. Have continuously lived as organized
and for the account of survey and advances community on communally bounded and
the application who is the expenses incident defined territory; and
a private person. thereto. b. Have, under claims of ownership since
As to effect of judgment time immemorial, occupied, possessed
customs, tradition and other distinctive
No adverse claim; if
If none of the cultural traits
the applicant fails to
applicants can prove c. Have, through resistance to political,
prove his title, his
that he is entitled to social and cultural inroads of
application may be
the land, the same colonization, non-indigenous religions
dismissed without
shall be declared and culture, became historically
prejudice (no re
public (red judicata) differentiated from the majority of
judicata)
Filipinos.

REGISTRATION UNDER R.A. 8371 2. People who are regarded as indigenous on
account of their descent from the populations
Indigenous Peoples Rights Act (IPRA) of 1997 which inhabited the country, at the time of
conquest or colonization, or at the time of
Allows indigenous people to register their inroads of non-indigenous religions and
ancestral lands under Judicial Confirmation of culture, or the establishment of present state
Imperfect Title or under Voluntary Land boundaries, who retain some or all of their
Registration Proceedings. own social, economic, cultural and political
institutions, but who may have been
The IPRA categorically declares ancestral lands displaced from their traditional domains or
and domains held by native title as never to have who may have resettled outside their
been public land. ancestral domains.


Ancestral Domains vs. Ancestral Lands Ancestral Domain vs. Ancestral Lands

Ancestral Domains ANCESTRAL
ANCESTRAL LANDS
DOMAIN
If refers to all areas generally belonging to
As to scope/inclusion
ICCs/IPs comprising lands, inland waters, coastal
areas and natural resources therein which are: Only includes lands
1. Held under a claim of ownership, occupied or which are occupied,
possessed by ICCs/IPs, by themselves or Includes all areas possessed and utilized
through their ancestors, communally or generally belonging to by individuals, families
individually; ICCs/IPs comprising and clans who are
2. Since time immemorial, continuously to the lands, inland waters, members of the
present except when interrupted by war, coastal areas and ICCs/IPs since time
force majeure or displacement by force, natural resources immemorial.
deceit or stealth, or as a consequence of therein.
government projects or any other voluntary May be found within
dealings entered into by the government and ancestral domains.
private individuals/corporations, and; As to evidence of native title
3. Which are necessary to ensure their Certificate of
economic, social, and cultural welfare. Ancestral Domain Cartificate of Ancestral
Title (CADT) under Land Title (CALT)
It also includes lands which may no longer be IPRA
exclusively occupied by the ICCs/IPs but from As to mode of acquisition
which they traditionally had access to for their By native title; or
subsistence and traditional activities. By native title (IPRA) Registration under CA
141 or PD 1529
NOTE: Ancestral domain is owned in common by

the ICCs/IPs and not by one particular person,
Natural resources within ancestral domains
communal rights are held in trust for all

generations of the ICCs/IPs, past, present, and
The ICCs/IPs shall have priority rights in the
future. The domain cannot be transferred, sold,
harvesting, extraction, development or
conveyed to other persons by one person and
exploitation of any natural resources within the
belongs to the ICCs/IPs as a community.
ancestral domains.

Ancestral Lands
A non-member of the ICCs/IPs concerned may be

allowed to take part in the development and
Refers to land occupied, possessed and utilized by
utilization of the natural resources for a period
individuals, families, and clans who are members
not exceeding 25 years renewable for not more
of the ICCs/IPs since time immemorial, by
than 25 years provided that a formal and written
themselves or through their predecessors-in-
agreement is entered into with the ICCs/IPs
interest, under claims of individual or traditional
concerned.
group ownership, continuously, to the present

except when interrupted by war, force majeure,
2 modes of acquiring ancestral domains and
or displacement by force, deceit, stealth, or as a
ancestral lands
consequence of government projects and other

voluntary dealings entered into by government
1. By native title, over both ancestral lands and
and private individuals/corporations, including,
domains
but not limited to, residential lots, rice terraces or
2. By Torrens title under the Public Land Act
paddies, private forests, swidden farms and tree
and Property Registration Decree, with
lot.
respect to ancestral lands only.

Native title
NOTE: The option granted under Sec. 12 of the

IPRA was allowed to be exercised within 20 years
Refers to pre—conquest rights to lands and
from the effectivity of the Act, or from October 29,
domains which, far back as memory reaches, have
1997.
been held under a claim of private ownership by

ICCs/IPs, have never been public lands and are
Requisites for registration of ancestral lands
thus indisputably presumed to have been held

that way since before the Spanish Conquest.
1. Applicant must be a member of the

indigenous ICCs/IPs


2. Possession of ancestral land must not be less REPUBLIC ACT 11573
than 30 years immediately preceding the
approval of IPRA on October 29, 1997
3. By operation of law, the land is already Section 44 of CA 141, as amended by RA 6940
classified as alienable and disposable even
with a slope of 18% or more. Hence, no need SEC. 44. Any natural-born citizen of the Philippines
to submit a separate certification that the who is not the owner of more than twelve (12)
land has been classified as alienable and hectares of land, and who, for at least twenty (20)
disposable. years prior to the filing of an application for
agricultural free patent, has continuously occupied
Time Immemorial; Concept and cultivated, either personally or through a
predecessor-in-interest, a tract or tracts of
alienable and disposable agricultural public lands
Refers to a period of time when far back as
memory can go, certain ICC/IP are known to have subject to disposition, and who shall have paid the
occupied, possessed in the concept of an owner, real estate tax thereon shall be entitled, under the
and utilized a defined territory devolved to them, provisions of this Chapter, to have a free patent
by operation of customary law or inherited from issued for such tract or tracts of such land not to
exceed 12 hectares.
their ancestors, in accordance with their customs
and traditions.
Section 45 of CA 141 is further amended

Certificate of Ancestral Land Title vs
SEC. 45. All applications for agricultural free
Certificate of Ancestral Domain Title
patents shall be filed before the Community

Environment and Natural Resources Office
Certificate of Ancestral Land Title (CALT
(CENRO) of the Department of Environment and

Natural Resources (DENR). For provinces with no
Refers to a title formally recognizing the rights of
CENRO, the application shall be filed with the
the ICCs and IPs over their ancestral lands.
Provincial Environment and Natural Resources

Office (PENRO).
The allocation of ancestral lands within any

ancestral domains to individual or indigenous
The CENRO or the PENRO, as the case may be, is
corporate claimant shall be left to the ICCs/IPs
mandated to process the application within 120
concerned to decide in accordance with customs
days from filing, including compliance with the
and traditions. If the NCIP funds such claim
required notices and other legal requirements. The
meritorious, it shall issue a CALT, declaring and
CENRO shall thereafter forward its
certifying the claim of each individual or
recommendation to the PENRO if the area of the
corporate claimant over ancestral lands.
land is below 5 hectares; to the DENR Regional

Director if the area of the land is at least 5 up to 10
Certificate of Ancestral Domain Title
hectares; and to the Secretary of the DENR if the

area of the land is more than 10 up to 12 hectares.
Refers to a title formally recognizing the right of

possession and ownership of ICCs and IPs over
Upon receipt of the recommendation from the
their ancestral domains identified and delineated
CENRO, or upon the completion of the processing of
in accordance with the law.
the application within the reglementary period, the

PENRO, DENR Regional Director, or the Secretary
Cruz v. Sec. of Environmental and Natural
of the DENR, as the case may be, shall approve or
Resources
disapprove the application for agricultural free
Like a Torrens title, a CADT is an evidence of
patent within 5 days. In case of approval, the
private ownership of land by native title. Native
agricultural free patent shall forthwith be issued.
title, however, is a right of private ownership

peculiarly granted to ICCs/IPs over their
In case of conflicting claims among different
ancestral lands and domains. The IPRA declares
claimants, the parties may seek the proper
ancestral lands and domains held by native title
administrative and judicial remedies.
as never to have been public land. Domains and

lands held under native title are, therefore,
Section 48 of CA 141 is further amended
indisputably presumed to have never been public

lands and are private.
SEC. 48. The following-described citizens of the

Philippines, occupying lands of the public domain

or claiming to own any such lands or an interest

therein, but whose titles have perfected or

completed, may file a petition at any time, whether

personally or through their duly authorized
representatives, in the Regional Trial Court of the


province where the land is located, for however, That should the period for redemption
confirmation of their claims and the issuance of a expire during the pendency of the registration
certificate of title to land not exceeding 12 proceedings and ownership to the property
hectares: consolidated in the vendee a retro, the latter shall
be substituted for the applicant and may continue
(a) Those who by themselves or through their the proceedings.
predecessors-in-interest have been in open,
continuous, exclusive, and notorious A trustee on behalf of the principal may apply for
possession and occupation of alienable and original registration of any land held in trust by the
disposable agricultural lands of the public trustee, unless prohibited by the instrument
domain, under a bona fide claim of ownership, creating the trust.
for at least 20 years immediately preceding the
filing of the application for confirmation of Section 7 of PD 1529 is amended
title except when prevented by war or force
majeure. They shall be conclusively presumed Section 7. Proof that the Land is Alienable and
to have performed all the conditions essential Disposable. For purposes of judicial confirmation of
to a Government grant and shall be entitled to imperfect titles filed under Presidential Decree No.
a certificate of title under the provisions of this 1529, a duly signed certification by a duly
Chapter. designated DENR geodetic engineer that the land is
(b) Those who have acquired ownership of private part of alienable and disposable agricultural lands
lands or abandoned riverbeds by right of of the public domain is sufficient proof that the land
accession or accretion under the provision of is alienable. Said certification shall be imprinted in
existing laws; and the approved survey plan submitted by the
(c) Those who have acquired ownership of land in applicant in the land registration court. The
any other manner provided by law. imprinted certification in the plan shall contain a
sworn statement by the geodetic engineer that the
Section 14 of PD 1529 is amended land is within the alienable and disposable lands of
the public domain and shall state the applicable
SECTION 14. Who may apply. The following Forestry Administrative Order, DENR
persons may file at any time, in the proper Regional Administrative Order, Executive Order,
Trial Court in the province where the land is Proclamations and the Land Classification Project
located, an application for registration of title to Map Number covering the subject land.
land, not exceeding 12 hectares, whether
personally or through their duly authorized Should there be no available copy of the Forestry
representatives: Administrative Order, Executive Order or
Proclamation, it is sufficient that the Lad
(1) Those who by themselves or through their Classification (LC) Map Number, Project Number,
predecessors-in-interest have been in open, and date of release indicated in the land
continuous, exclusive and notorious possession classification map be stated in the sworn statement
and occupation of alienable and disposable declaring that said land classification map is
lands of the public domain not covered by existing in the inventory of LC Map records of the
existing certificates of title or patents under a National Mapping and Resource Information
bona fide claim of ownership for at least 20 Authority (NAMRIA) and is being used by the DENR
years immediately preceding the filing of the as land classification map.
application for confirmation of title except
when prevented by war or force majeure. They Section 8 of PD 1529 is amended
shall be conclusively presumed to have
performed all the conditions essential to a Section 8. Penalties. – In addition to the penalties
Government grant and shall be entitled to a provided in the Revised Penal Code and in RA 8560,
certificate of title under this section. as amended, otherwise known as the “Philippine
(2) Those who have acquired ownership of private Geodetic Engineering Act of 1998,” a geodetic
lands or abandoned riverbeds by right of engineer who shall prepare, willingly or through
accession or accretion under the provisions of gross inexcusable negligence, a projection map
existing laws. that contains false, fraudulent, or incomplete data
(3) Those who have acquired ownership of land in or information, and the DENR official who shall
any other manner provided for by law. certify and approve such protection map, shall be
penalized with a fine of not less than P100,000.00
“Where the land is owned in common, all the co- but not more than P500,000.00, or imprisonment of
owners shall file the application jointly. not less than 6 months but not exceeding 6 years, or
both, at the discretion of the court.
Where the land has been sold under pacto de retro,
the vendor a retro may file an application for the If the application involves public lands that have
original registration of the land: Provided, never been utilized for public purposes, the


applicant simply has to establish the alienable or Rule of notice
disposable status of the property. The burden is
on the State to prove that the land is still being GR: There is an irrefutable presumption that the
retained for public service or for the development purchaser has examined every instrument
of national wealth. affecting the title. He is charged with notice of
every fact shown by the record and is presumed
If the application involves public lands previously to know every fact which an examination of the
utilized for public purposes, then the burden is on record would have disclosed
the applicant to present an express government
manifestation that the land already constitutes XPN: There is no effect of constructive notice
patrimonial property, or is no longer retained for when there is fraud involved in the transaction.
some public purpose.
Kinds of transaction affecting land originally
Amendment in RA 11573: Instead of requiring registered
possession from "June 12, 1945 or earlier", the
new Section 14(1) of PD 1529 only requires proof 1. Voluntary Dealings — Voluntary dealings
of possession for at least 20 years immediately are deeds, instruments, documents which are
preceding the application. the results of free and voluntary acts of
parties thereto.
Section 7 of RA 11573 only requires a sworn
certification from a DENR geodetic engineer that 2. Involuntary Dealings — Refer to the writs,
the land is alienable and disposable agricultural orders, or processes issued by the court of
land. The DEN geodetic engineer must still be record affecting registered land, also other
presented a witness to authenticate the instruments which are not willful acts of the
certificate. registered owner, executed without his
knowledge or consent.
SUBSEQUENT REGISTRATION
VOLUNTARY INVOLUNTARY
Land registration types The owner's duplicate
certificate of title
1. Original Registration — When Original must be presented to The owner's duplicate
Certificate of title (OCT) has been issued to an record the deed in the certificate of title need
owner by the Register of Deeds for the first registry and to make a not be presented.
time. memorandum on the
title.
2. Subsequent Registration — When the
original issued land title is cancelled and Attachment,
replaced by another title. Mandamus, sale on
Sale, Real Property
execution of judgment
Mortgage, Lease,
This refers to any transaction affecting an or sales for taxes,
Pacto de Retro,
originally registered land and which, if in order is adverse claims, notice
Extrajudicial
registered in the office of the registry of deeds. of lis pendent,
settlement, Free
(TCT) expropriations,
patent/homestead,
forfeiture, Auction sale
Power of Atty, Trust.
Necessity and effects of registration on the foreclosure of
(Secs. 51 and 52, PD 1529) mortgage

1. The deed, mortgage, lease, or other voluntary It is necessary to
Entry in the day book
instrument, except a will shall ONLY operate register the deed or
of the ROD is sufficient
as: instrument in the
a. A contract between the parties and notice to all persons of
entry book of the ROD
an adverse claim
b. Evidence of authority to the Register of and a memorandum
without the same
Deeds to make registration. thereof shall also be
being annotated at the
2. The act of registration shall be the operative made in the owner’s
back of the certificate
act to convey or affect the land insofar as duplicate certificate
third persons are concerned. of title
and its original
3. Also, by registration, it creates constructive
notice to the world. Voluntary dealings

The act of registration shall be the operative act to
convey or affect the land insofar as third persons

are concerned. (Sec. 51, PD 1529)



Innocent purchaser for value and in good faith Forged Deed

An innocent purchaser for value refers to GR: A forged deed is an absolute nullity and
someone who buys the property of another conveys no title.
without notice that some other person has a right
to or interest in it, and who pays a full and fair XPN: Exception: If there is good faith, a TCT has
price at the time of the purchase or before already been issued to the purchaser, the latter
receiving any notice of another person’s claim. being an innocent purchaser for value according
to Sec. 39, PD 1529, then the title is good.
Duran v. IAC
Where innocent third persons relying on the Registration of voluntary instruments in
correctness of the certificate of title issued general
acquire rights over the property, the court cannot
disregard such rights and order the total a. The deed must contain:
cancellation of the certificate of title for that
would impair the public confidence in the (1) The following details of the grantee or
certificate of title. other person acquiring or claiming
interest: Full name, nationality,
Mortgagee in good faith Residence, postal address, Civil status
(2) If grantee is a corporation: It must contain
Even if the mortgagor is not the rightful owner of, a recital showing that such corporation or
or does not have the valid title to the mortgaged association is legally qualified to acquire
property, the mortgagee in good faith is entitled private lands.
to protection.
b. It must be executed in accordance with Sec
GR: A person dealing with registered property 112.
need not go beyond, but only has to rely on, the
title. He is charged with notice only of such (1) In a public instrument executed in
burden and claims which are annotated on the accordance with law.
title, for registration is the operative act that (2) Signed by the parties in the presence of at
binds the property. least 2 witnesses who shall likewise sign
XPN: When a purchaser should investigate. thereto;
3. When the purchaser or mortgagee is a Bank (3) Where the instrument has object 2 or
or financing institution. more parcel land, number shall be stated
4. Owner still holds a valid and existing in the acknowledgement.
certificate of title covering the same property. (4) Each page of the copy of the instrument,
5. Purchaser is in Bad faith shall be signed on the left margin by the
6. Land is bought not from the registered owner parties and their witnesses, and sealed
but from one whose rights have been Merely with the notarial seal. This fact as well as
annotated on the cert. the number of the pages shall be stated in
7. Sufficiently strong Indications to impel closer the acknowledgment
inquiry into the location, boundaries, and
condition of the lot. c. File instrument creating or transferring
8. When the certificate of title contains a notice interest and certificate of title with Register
of Lis pendens of Deeds together with:
9. Knowledge of flaws and defects of the title
10. Purchaser buys from an Agent and not from (1) Owner’s duplicate — S107 PD1529
the registered owner (2) Payment of fee’s & documentary stamp
tax
Double sale (3) Evidence of full payment of real estate tax
(4) Document of transfer – 1 copy additional
Where two certificates of title are issued to two for city/provincial assessor
different persons covering the same parcel of land
in whole or in part, the earlier in date must prevail d. Payment of fees and DST — after payment of
as between the original parties and in case of entry fee ROD shall enter the instrument in
successive registration where more than one the primary entry book. (S56) in connection
certificate is issued over the land, the person w/ RA 456.
holding title under the prior certificate is entitled
to the property as against the person who relies e. Entry of the instrument
on the second certificate.
f. TCT Shall be then issued.


Primary entry book or day book 2. A new certificate of title is issued and
Register of Deeds prepares and delivers to
The primary entry book or day book is a record of grantee his owner’s duplicate certificate.
all instruments, including copies of writs and 3. Register of Deeds notes upon the OCT and
processes, affecting registered lands, which are the duplicate certificate the date of
entered by the RD in the order of their filing, upon transfer, the volume and page of the
payment of the proper fees. registration book where the new
certificate is registered
The recording is a preliminary process in 4. The original and the owner's duplicate of
registration and shall note the date, hour, and the grantor's certificate shall be stamped
minute of receipt of said instruments. “cancelled”.
5. The deed of conveyance shall be filed and
An instrument shall be regarded as registered indorsed with the number and the place of
only from the time it is noted registration of the certificate of title of the
land conveyed.
Every deed of instrument shall be numbered and
endorsed by the RD with proper reference to the B. If only a portion of property is the subject
certificate of title
1. Include a plan which shows all the
All records and papers relative to registered land portions already subdivided with verified
shall be open for examination by the public, and approved technical description.
subject to such reasonable regulations as the RD 2. That plan with the certified copy of the
may prescribe technical descriptions shall be filed with
the Register of Deeds for annotation in the
All deeds and voluntary instruments and copies TCT.
thereof shall be attested and sealed with the RD 3. Register of Deeds shall issue a TCT and
and copies with the corresponding file number cancel the grantor's certificate partially OR
shall be delivered to the person presenting them it may be cancelled totally and a new one
issued describing therein the remaining
Registration of dealings less than ownership portion

Section 54. Dealings less than ownership, how Registration of real estate mortgage
registered. No new certificate shall be entered or
issued pursuant to any instrument which does not Process of registration (Sec. 54 PD1529):
divest the ownership or title from the owner or
from the transferee of the registered owners. All 1. Execution of deed in a form sufficient in law
interests in registered land less than ownership (Public instrument)
shall be registered by filing with the Register of 2. Presentation to the ROD (a) deed of mortgage
Deeds the instrument which creates or transfers (b) Owner’s duplicate certificate of title.
or claims such interests and by a brief 3. Payment of fee
memorandum thereof made by the Register of 4. ROD’s entry of memorandum upon original
Deeds upon the certificate of title, and signed by cert of title and the owner’s duplicate (Date
him. A similar memorandum shall also be made and time of filing, file number and ROD
on the owner's duplicate. The cancellation or signature)
extinguishment of such interests shall be 5. ROD’s annotation on the deed (date and time
registered in the same manner. of filing and reference to volume and page of
the registration book in w/c it was
Process of Registrations: registered)

a. Filing of the instrument with the register of Effects of Registration of Real Estate Mortgage:
deeds.
b. A brief memorandum thereof is made: 1. Creates a lien that attaches to the property in
(1) On the certificate of title by the register of favor of the mortgagee.
deeds and signed by him; and 2. Constructive notice of his interest in the
(2) On the owner’s duplicate property to the whole world

Registration of deeds of sale and transfers Effects of Failure to Real Estate Mortgage:

A. If entire property of the subject 1. The mortgage is valid between the parties but
is not binding against third persons
1. Owner executes and registers the deed 2. If the personal property mortgaged is
which must be sufficient in form. delivered, the contract becomes a pledge and
not a chattel mortgage


3. A third person’s actual knowledge of the
mortgage has the same effect as registration Registration of Appointed Trustees by Court:

Registration of lease 1. Presentation of the certified copy of decree
2. Surrender and cancellation of the duplicate
It is the lessee, not the lessor, who is required to certificate
initiate the registration. The process is the same 3. Issuance and entry of a new certificate
with the registration of real estate mortgages.
Similarly, no new certificate is issued. Registration of trusts

NOTE: When there is a prohibition in mortgaged Registration is by memorandum:
property as regards subsequent conveyances,
etc., leasehold cannot be registered. (a) A memorandum by the words “in trust” or
“upon condition” or other apt words is made
Subsequently registered mortgage and a prior if a deed or other instrument is filed in order
unregistered sale — Whether the land is to:
unregistered or registered will determine which 1. Transfer registered land in trust, or upon
one will prevail between a subsequently any equitable condition or limitation
registered mortgage and a prior unregistered expressed therein, or
sale. 2. Create or declare a trust or other
equitable interests in such land without
Rule on good faith applicable to lessees and transfer
mortgagees
(b) A memorandum by the words “with power to
Macadangdang v. Martinez sell,” or “power to mortgage” or other apt
A certificate of title is conclusive and binding words is made when: The instrument
upon the whole world. Consequently, a buyer creating or declaring a trust or other
need not look beyond the certificate of title in equitable interest contains an EXPRESS
order to determine who actual owner of the land POWER to sell, mortgage, or deal with the
is. The same rule applies to lessees and land in any manner.
mortgagees. Thus, where the certificate of title is
in the name of the mortgagor when the land is However, if an implied or constructive trust is
mortgage, the innocent mortgagee for value has claimed, person claiming such must execute a
the right to rely on what appears on the certificate sworn statement thereof with the Register of
of title. Deeds, containing a description of the land, the
name of the registered owner and a reference to
Registration of power of attorneys the number of the certificate of title. Such claim
shall not affect the title of a purchaser for value
Section 64. Power of attorney. Any person may, by and in good faith before its registration. [Sec. 68,
power of attorney, convey or otherwise deal with PD 1529]
registered land and the same shall be registered
with the Register of Deeds of the province or city Involuntary dealings
where the land lies. Any instrument revoking such
power of attorney shall be registered in like Involuntary dealings refer to the writ, order, or
manner. process issued by the court of record affecting
registered land, also other instruments which are
Registration of implied and express trust not willful acts of the registered owner, executed
without his knowledge or consent.
IMPLIED EXPRESS
Involuntary dealings affecting registered land
Presentation of a sworn which must be registered
statement claiming interest Presentation
arising from an implied trust, of the • Attachments (Sec 69, PD 1529)
with a description of the land, instrument • Adverse claims (Sec 70 PD 1529)
the name of the registered creating the • Sale on execution or for taxes or for any
owner, and the number of the trust. assessment (Sec 74 PD 1529)
certificate of title. • Notice of Lis pendent (Sec 76 PD 1529)

NOTE: In both cases, a memorandum of the
particulars of the trust shall be entered by the Attachments
words in “in trust” or “Upon condition” and by
reference by number to the instrument creating Attachment is a writ issued at the institution or
the trust (Sec. 65, PD 1529) during progress of an action commanding the


sheriff to attach the property, rights, credits or 4. If it is not registered, actual knowledge has
effects of the defendant to satisfy demands of the the same effect as registration.
plaintiff. An attachment or any writ, order or
process intended to create or preserve any lien When attachment may be discharged
upon registered land shall be filed and registered
in the Registry of Deeds and shall contain a 1. Upon giving of a counterbond
reference to the number of the certificate of title 2. When the attachment was improperly or
to be affected, the registered owner thereof and a irregularly issued or enforced; or
description of the land or interest therein. 3. When attaching party’s bond is insufficient

Kinds of attachment: Question: May property subject to attachment be
sold?
1. Preliminary Attachment - issued at the Answer: Yes. However, when an attachment has
institution or during the progress of an been duly levied upon property, a purchaser
action. thereof subsequent to the attachment takes the
2. Garnishment - an attachment by means of property subject to the attachment.
which plaintiff seeks to subject to his claim,
property of the defendant in the hands of a In determining priority between two attachments
third person called the garnishee. on execution affecting the same property, it is not
3. Levy on Execution - the attachment issued the priority of the execution sales held pursuant
after final judgment in satisfaction thereof. thereto that will determine the preference, but
the priority between the two attachments, that is,
Process of registration the attachment previously registered is superior
and preferred to a subsequent one.
a. Copy of writ in order to preserve any lien,
right or attachment upon registered land Adverse claim
shall be filed with the Register of Deeds
where the land lies, containing number of A claim is adverse when:
certificate of title of land to be affected or
description of land [PD 1529, Sec 69] a. Claimant’s right or interest in registered
land is adverse to the registered owner,
b. Register of Deeds to index attachment in and
names of both plaintiff & defendant or name b. Such right arose subsequent to date of
of person whom property is held or in whose original registration, and
name stands in the records. c. No other provision is made in the Decree
for the registration of such right or
(1) If duplicate of certificate of title is not claimant
presented:
- Register of Deeds shall within 36 Notice to third persons that someone is claiming
hours send notice to registered an interest on the property or has a better right
owner by mail stating that there has than the registered owner thereof. The disputed
been registration & requesting him land is subject to the outcome of the dispute.
to produce duplicate so that
memorandum be made. Binding effect of adverse claims
- If owner neglects or refuses –
Register of Deeds shall report matter Annotations of adverse claims operate as a
to court. constructive notice only to third parties2not to
(2) Court after notice shall enter an order to the court or the registered owner. These are
owner to surrender certificate at time & merely claims of interest or claims of the legal
place to be named therein. nature and incidents of the relationship between
the person whose name appears on the document
and the person who caused the annotation. It does
c. Although notice of attachment is not noted in not affect the validity of the claim or convert a
duplicate, notation in book of entry of defective claim or document into a valid one.
Register of Deeds produces effect of These claims may be proved or disproved during
registration already the trial. Thus, annotations are not conclusive
upon courts or upon owners who may not have
Effects of registration of attachment reason to doubt the security of their claim as their
properties' title holders.
1. Creates real right
2. Has priority over execution sale
3. Between 2 attachment — one that is earlier in
registration is preferred.


Purpose of Adverse claim Grounds:

(a) Apprises third persons of the controversy Before final judgment, the court may order the
over the ownership of the land cancellation:
(b) Preserves and protects the right of the
adverse claimant during the pendency of the 1. After showing that notice is only for purpose
controversy of Molesting an adverse party|
(c) Notice to third persons that any transaction 2. When it is shown that it is not necessary to
regarding the disputed land is subject to the protect the right of the party who caused the
outcome of the dispute. registration thereof
3. Where the Evidence so far presented by the
Requisite for registration of an adverse claim plaintiff does not bear out the main
allegations of the complaint
a. The adverse claimant must give a statement 4. When the continuances of the trial are
of the following in writing: Unnecessarily delaying the determination of
1. His alleged right or interest the case to the prejudice of the other party
2. How and under whom such alleged right 5. ROD may also cancel by Verified petition of a
or interest is acquired party who caused such registration
3. The description of the land in which the
right or interest is claimed and NOTE: These grounds are the same as the
4. number of the certificate of title. grounds for cancellation of Notice of Lis Pendens
b. The statement must be (1) signed by the
adverse claimant (2) sworn before notary Sale on execution or for taxes or for
public assessment
c. The statement must also state his residence
or the place to which all notices may be Execution Sale
served upon him.
To enforce a lien of any description on registered
NOTE: Noncompliance with formal requisites land, any execution or affidavit to enforce such
renders the adverse claim non-registrable and lien shall be filed with ROD where the land lies.
ineffective.
Register in registration book & memorandum
Leviste v. Noblejas upon the proper certificate of title as an adverse
Voluntary instruments of sale and lease, when the claim or as an encumbrance.
owner refuses to surrender the duplicate
certificate of title for annotation of the voluntary To determine preferential rights between 2 liens:
instrument. Act 496 provides that, if at the time of priority of registration of attachment.
any transfer there appear upon the registration
book encumbrances or claims adverse to the title Tax sale
of the registered owner, they shall be stated in the
new certificate or certificates, except so far as Sale of land for collection of delinquent taxes and
they may be simultaneously released or penalties due to the government.
discharged.
NOTE: No need to register tax lien because it is
Cancellation of adverse claim automatically registered once the tax accrues.
However, sale of registered land to foreclose a tax
1. After the lapse of 30 days, upon the filing by lien needs to be registered.
the party-in-interest of a verified petition for
such purpose In personam (all persons interested shall be
2. Before the lapse of said 30 days, upon the notified so that they are given opportunity to be
filing by the claimant of a sworn petition heard)
withdrawing his adverse claim
3. Before the lapse of the 30-day period, when a a. Notice to be given to delinquent taxpayer at
party-in-interest files a petition in the proper last known address
RTC for the cancellation of the adverse claim b. Publication of notice must also be made in
and, after notice and hearing, the court finds English, Spanish & local dialect & posted in a
that the claim is invalid. If the court also finds public & conspicuous place in place wherein
the claim to be frivolous, it may fine the property is situated & at the main entrance of
claimant the amount of not less than 1,000 the provincial building
pesos nor more than 5,000 pesos, in its Sale cannot affect rights of other lien holders
discretion. unless they are given the right to defend their
rights: due process must be strictly observed.


Tax lien superior to attachment
Effects of Registration:
Process of registration
1. Impossibility of alienating the property in
Execution and tax sale dispute during the pendency of the suit – may
be alienated but purchaser is subject to final
• Officer’s return shall be submitted to the ROD outcome of pending suit.
together with the owner’s duplicate title 2. Register of Deeds is duty bound to carry over
• Register in the registration book notice of lis pendens on all new titles to be
• The memorandum shall be entered in the issued.
certificate as an adverse claim or
encumbrance Lourdes Valderrama v. Sonia and Lorna
• After the period of redemption has expired Arguelles
and no redemption was made (2 years from An adverse claim and a notice of lis pendens are
registration of auction sale), the title must be not of the same nature and do not serve the same
canceled and a new title will be issued purpose. As distinguished from an adverse claim,
• Before the cancellation, notice shall be sent to the notice of lis pendens is ordinarily recorded
the registered owner, with the directive that without the intervention of the court where the
he surrender title and show cause why it action is pending. Moreover, a notice of lis
should not be canceled pendens neither affects the merits of a case nor
creates a right or a lien. The notice is but an
Notice of lis pendens extrajudicial incident in an action. Unlike the rule
in adverse claims, the cancellation of a notice lis
Literally means “pending suit.” pendens is also a mere incident in the action, and
may be ordered by the Court having jurisdiction
It is an announcement to the whole world that a of it at any given time. Its continuance or removal
particular real property is in litigation. The is not contingent on the existence of a final
inscription serves as a warning that one who judgment in the action, and ordinarily has no
acquires an interest over litigated property does effect on the merits thereof. The main differences
so at his own risk, or that he gambles on the result between the two are as follows:
of the litigation over the property. 1. An adverse claim protects the right of a
claimant during the pendency of a
When notice of lis pendens is proper: controversy while a notice of lis pendens
protects the right of the claimant during the
1. Recover possession of real estate pendency of the action or litigation; and
2. To quiet tittle 2. An adverse claim may only be cancelled upon
3. To remove clouds upon title filing of a petition before the court which shall
4. For partition conduct a hearing on its validity while a
5. Other proceedings of any kind in court notice of lis pendens may be cancelled
directly affecting the title to land or the use or without a court hearing.
occupation thereof or the buildings thereon A notice of lis pendens is a mere incident of an
action which does not create any right nor lien. It
When notice of lis pendens is not proper: may be cancelled without a court hearing. In
contrast, an adverse claim constitutes a lien on a
1. Proceedings for the recovery of money property. As such, the cancellation of an adverse
judgments claim is still necessary to render it ineffective,
2. Attachment otherwise, the inscription will remain annotated
3. Proceeding on the probate of wills and shall continue as a lien upon the property.
4. Administration of the estate pf deceased Given the different attributes and characteristics
person of an adverse claim vis-a-vis a notice of lis
5. Levies on execution pendens, said two remedies may be availed of at
6. Foreclosure the same time

Process of registration: By Memorandum or Notice
VIII. REVIEW OF DECREE OF REGISTRATION
Stating:

1. The institution of the action or proceeding RELIEF FROM JUDGMENT
2. The court wherein the same is pending

3. The date of the institution of the action
4. Reference to the number of the certificate of Grounds
title
When a judgment or final order is rendered by
5. Adequate description of the land affected and
registered owner thereof any court in a case, and a party thereto, by fraud,


accident, mistake, or excusable negligence, he Grounds for Review of Decree
may file a petition in such a court praying that the
judgment, order, or proceeding be set aside. 1. Actual or Extrinsic Fraud

This relief is applicable to land registration cases An intentional omission of fact required by
if the petition is filed within the time therein law to be stated in the application or a willful
provided and the decree of registration is not yet statement of a claim against the truth. It must
issued. show some specific acts intended to deceive
and deprive another of his right.
Subsidiary Nature
Instances of actual or extrinsic fraud
Relief may not be availed of except when the
decision becomes final and executory, and only Actual Fraud – Proceeds from an intentional
when a new trial is not available. deception practiced by means of the
misrepresentation or concealment of a
Period of filing material fact.

Within 60 days after the petitioner learns of the Extrinsic Fraud – Employed to deprive
judgment, order, or proceeding and not more parties of their day in court and thus prevent
than 6 months after such judgment or order was them from asserting their right to the
entered or such proceeding was taken. property registered in the name of the
applicant.
APPEAL
Proceeds from an
Under PD 1529, judgments and orders in land intentional deception
registration cases are appealable to the CA or to practiced by means of
ACTUAL FRAUD
the SC in the same manner as ordinary actions misrepresentation or
(Sec. 33). concealment of a
material fact
Must be filed within 15 days from receipt of the Act is not done or
judgment or final order appealed from. committed with an
actual design to commit
PETITION FOR REVIEW positive fraud or injury
upon other persons but
CONSTRUCTIVE
This remedy is available only to an aggrieved is construed as fraud
FRAUD
party who has been deprived of land or any estate because of its
or interest therein by decree of registration, and detrimental effect
the only ground that may be invoked for this upon public interest
purpose is actual fraud. and public or private
confidence
When to file: Not later than 1 year from and after Prevents a party from
the date of entry of such decree of registration EXTRINSIC having a trial or from
(Sec. 32). FRAUD presenting his entire
case to the court
However, it has been ruled that the petition may
be filed at any time after the rendition of the Where the fraudulent
court’s decision and before the expiration of 1 acts pertain to an
year from the entry of the final decree of issue involved in the
registration. INTRINSIC original action, or
FRAUD where the acts
constituting the fraud
REVIEW OF REVIEW OF THE
were or could have been
JUDGMENT DECREE
litigated therein.
When it is filed after
rendition of the When it is filed within 2. Fatal Infirmity in the decision for want of
decision but before 1 year period after due process, provided that no innocent
the entry of the such entry. purchaser for value will be injured thereby.
decree of registration.
XPN: Even if the ground relied upon by the
claimants to the effect that the original title
lacked the essential requirements prescribed


by law for its validity, where said claimants Who institutes the action
allowed a considerable number of years
before they woke up to invoke the alleged It is granted to the rightful owner of land which
error of the court when it decreed the has been wrongfully or erroneously registered in
registration of land in question, it was held the name of another to compel the latter to
that nothing more can be done about it for transfer or reconvey the land to him.
under the law, a decree of registration can
only be set aside within 1 year after the When to file
entry thereof.
A landowner whose property was wrongfully or
3. Lack of jurisdiction of the court erroneously registered under the Torrens system
may bring an action, after 1 year from the
Requisites for Review of the Decree issuance of the decree, for the reconveyance of
the subject property.
1. The petitioner must have an estate or interest
in the land ACTION FOR ACTION FOR
2. He must show actual fraud in the REVERSION RECONVEYANCE
procurement of the decree of registration
3. Petition is filed within 1 year from issuance of It is granted to the
the decree by the LRA rightful owner of land
The State files the
4. The property has not yet passed to an which has been
action through the
innocent purchaser for value wrongfully or
Solicitor General
erroneously registered
in the name of another
ACTION FOR RECONVEYANCE
Public domain Registered property
A legal and equitable remedy granted to the The State is not Persons qualified to
rightful owner of land which has been wrongfully barred by res judicata file an action for
or erroneously registered in the name of another nor estoppel in reconveyance can be
for the purpose of compelling the latter to instituting an action barred by res judicata
transfer or reconvey the land to him. for reversion and estoppel

Reconveyance is available to the legal owner of
property as well as to the person with a better When reconveyance does not prescribe
right than the person under whose name said
property was erroneously registered. 1. If brought by registered owners or their
children
May be filed after the lapse of 1 year from entry to 2. A co-heir, who, through fraud, succeeds in
the decree of registration as long as the property obtaining a certificate of title in his name to
has not been transferred or conveyed to an the prejudice of his co-heirs, is deemed to
innocent purchaser for value. hold the land in trust for the latter. The
excluded heir’s action is imprescriptible
Requisites 3. Where the plaintiff in an action for
reconveyance, which is in effect an action to
1. Clear and convincing evidence of title to the quiet title, is in possession of the land in
property question
2. Fact of fraud committed by the party who 4. Right of reversion or reconveyance to the
registered the property in his name state of public properties fraudulently
3. Land should not have passed to the hands of registered and which are not capable of
an innocent purchaser for value private appropriation or private acquisition.

An action for reconveyance does not aim to Prescriptive Period
reopen the registration proceedings and set aside
the decree of registration but only to show that GROUNDS PRESCRIPTIVE PERIOD
the person who secured the registration of the
question property is not the real owner 4 years from the discovery of
thereof. The action, while respecting the decree fraud (deemed to have taken
as incontrovertible, seeks to transfer or Fraud
place from the issuance of the
reconvey the land from the registered owner OCT). No trust is created.
to the rightful owner. Reconveyance is always
available as long as the property has not passed to
an innocent third person for value.


10 years from the date of the impair the title of the owner of a particular estate,
registration of the deed or the and on its face has that effect, but can be shown
date of issuance of the OCT or by extrinsic proof to be invalid or inapplicable to
TCT. the estate in question. The remedy for removing a
cloud on title is usually the means of an action to
Implied or quiet title.
NOTE: This does not apply
Constructive
where the person enforcing the
Trust Requisites
trust is in actual possession of
the property because he is in
effect seeking to quiet title to 1. The plaintiff or complainant has a legal or an
the same which is equitable title to or interest in the real
imprescriptible. property subject to the action
2. The deed, claim, encumbrance or proceeding
Express claimed to be casting cloud on his title must
Imprescriptible
Trust be shown to be in fact invalid or inoperative
Implied despite its prima facie appearance of validity
Imprescriptible or legal efficacy.
Trust

Who may file
ACTION FOR DAMAGES
GR: The registered owner of a property is the
May be resorted to when a petition for review and proper party to bring an action to quiet title.
an action for reconveyance is no longer possible XPN: This remedy may also be availed of by a
because the property has passed to an innocent person other than the registered owner because,
purchaser for value and in good faith. in Art. 476 of the CC, title does not necessarily
refer to the OCT or TCT. Thus, lack of an actual
An ordinary action for damages prescribes in 10 COT to a property does not necessarily bar an
years after the issuance of the Torrens title over action to quiet title.
the property
Action for quieting title as declaratory relief
CANCELLATION OF TITLE
An action for quieting title is a special proceeding
governed by Rule 63 of the ROC on declaratory
Initiated by a private party usually in a case where relief and similar remedies.
2 certificates are issued to different persons
covering the same land. When one of the two titles Actions for declaratory relief and other similar
is held to be superior over the other, one should remedies are distinguished from ordinary civil
be declared null and void and ordered cancelled. actions because in declaratory relief, the subject-
matter is a deed, will, contract or other written
The judgement would direct the defeated party to instrument, statute, executive order, or
vacate the land in question, and deliver regulations, or ordinance.
possession thereof to the lawful owner of the
land. The issue is the validity or construction of these
documents. The relief sought is the declaration of
QUIETING OF TITLE the petitioner’s rights and duties.

Whenever there is a cloud to title on real property REVERSION
or any interest therein, by reason of any
instrument, record, claim, encumbrance, or Subject of reversion
proceedings which is apparently valid or effective
but is in truth and in fact invalid, ineffective, Reversion connotes restoration of public land
voidable, or unenforceable, and may be fraudulently awarded or disposed of to the mass
prejudicial to said title, an action may be brought of the public domain and may again be the subject
to remove such cloud or to quiet the title. An of disposition in the manner prescribed by law to
action may also be brought to prevent a cloud qualified applicants. It is instituted by the
from being cast upon title to real property or any government, through the SolGen.
interest therein (Art. 476, Civil Code).
But an action for cancellation, not reversion, is
Cloud on the title proper where the private land had been
subsequently titled, and the party plaintiff in this
A cloud on title is an outstanding claim or case is the prior rightful owner of the property.
encumbrance which, if valid, would affect or


Who instituted the action

It is instituted by the government, through the
SolGen.

Grounds

In call cases where lands of the public domain and
the improvements thereon and all lands are held
in violation of the Constitution.

NOTE: The State is not barred by res judicata nor
estoppel in instituting an action for reversion.


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LAND

TITLES AND DEEDS

When the time is right, I, the Lord,

PROFESSOR: ATTY. CHRIZELLIE K. ALMENDRAL

No instrument which b. How and under whom such alleged right

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