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    LTD MSU CoL Notes

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    Rikki Marie Pajares

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    © All Rights Reserved
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    LAND TITLES AND DEEDS & AGRARIAN LAWS. AGRARIAN LAWS SECTIONS 4-6 Ca ee eet eee LRA Administrator ee Duty of LRA, TE eed secon? Registry of Property FIRST EXAM SYLLABUS ‘Meaning and Effect of Registration SECTIONS 8-10 PRESIDENTIAL DECREE NO. 1529 Duty of Register of Deeds CHAPTER 1 SECTIONS 11-13, GENERAL PROVISIONS. ‘© Laburada vs. Lea (1998) 1+ Abrigo vs. De Vera (2004) Gea Deedes Waukee aes 22 eer een Regalian Doctrine © Arangote vs. Manlungob (2008) Jura Regalia ‘3. Sale (Article 1458, New Civil Code) Native Title © Naranja vs. CA (2009), © Claudel vs. CA (1991) © Secretary of DENR vs. Yap (2008) + seeutecme cura Se marviee sn ey = "soe Por nesemenrnm ea, ace © Heirs of Amunategui vs. Director of Forestry (1983) {1} OCENCO (20 years) © Republic vs. CA and Morato (1997) © — Malabanan vs. Republic (2009) Chavez vs. PEA (2003) * — Republic vs. Naguit (2005) ‘+ Republic vs. CA & Republic Rest Estate Corp. (1998) ¢ Republic vs, Enciso (2005) {2} Accession or Accretion "© Grandes. CA(1962) ‘TORRENS SYSTEM OF REGISTRATION s ‘Acquisition of ownership in any manner by aw ‘A Concept, Backround and Pa Boras me Prescription (rile 1117181137, NCC) C._Reptration as Proceeding n Rem Presrpdon aches ©. persons Bound, Registered or Unregistered £ Overw ofthe Base Procedure secnon27 Spectic idence of oumeship + Lega ve Saleby (1935) Poseesion vs Ownership ‘+ Malabanan vs, Republic (2003) ‘© Republics. LAN. Properties (2008) (© Republics. IAC (1985) Broek aad “Public Land Act (CA 141) = Land Registration Act (Act No. 496) Land Acquisition by Private Corporations = Cadastral Act (Act No. 2259) ‘+ Republic rep. Mindanao Medical Center v. CA (1976) ~ Property Registration Decree (PO No. 1529) 1+ Director of Lands ws. AC and Acme Plywood (1986) = AN ACT IMPROVING THE CONFIRMATION PROCESS FOR IMPERFECT LAND TITLES, AMENDING FOR THE SECTION 12 PURPOSE COMMONWEAITH ACT NO. 141, AS Can a corporation sole apply for registration? AMENDED, OTHERWISE KNOWN AS "THE PUBLIC Vested Rights LAND ACT" AND PRESIDENTIAL DECREE NO. 1529, AS Judicial Confirmation of Imperfect or Incomplete Titles AMENDED, OTHERWISE KNOWN AS THE “PROPERTY ‘+ Ayog vs Cus (1982) REGISTRATION DECREE’ (RA.11573) ‘© Zara vs, Director of Lands (1967) © Diaz vs, Republic (2010) Pike ks § z fecoeue hamden Registration under Spanish Mortgage Law RAGS7I Titulo de Propriedad No. 4136 ‘© Carino vs. Insular Government (2807) Registration under Act No. 3344 © Cruz vs, Secretary of DENR (2000) Rudolf Liew vs. ROD Paranaque (2000) cae Cou of peal 999) Heer aed eee ued Ca acura SECTION 104 CHAPTER Provisional Register of Documents ‘THE LAND REGISTRATION COMMISSION "AND ITS REGISTRY OF DEEDS. SECTION 105 Certificates of Land Transfer Emancipation, Patents 'RAG6S7: Comprehensive Agrarian Reform Program ‘© Association of Small Landowners vi. Sec. of DAR (2989) ‘+ Natalia Realty vs. DAR (1993) © Luz arms vs. Sec. of DAR (2990) SECTION 106 Sale of agricultural land, affidavit Geena SECTION 27 Citizenship Requirement Kevenka Doctrine Sections 7 and 8, Article XIl of the 1987 Philippine Constitution RA 7042 as amended RA 8179 ‘© Kelvenko vs. ROD (1947) ‘© Republic vs. CA and Lapina (1994) ‘+ Philippine Banking vs. Ll She (1967) wes eees som ayer FORMS AND CONTENTS, DEALING WITH LAND SECTION 15 Forms and Contents of the Application SECTION 16 Non-resident applicant SECTION 17 ‘What and where tofile SECTION 18 ‘Application covering two or more parcels ‘When land applied for borders on road SECTION 21 Requirement of additonal facts and papers Ocular inspection SECTION 22 Dealings with land pending original registration ‘© Mendoza vs. Ca (1878) tee ac es ee SECTION 23 Notice of initial hearing, publication, etc. SECTION 24 Proaf of publication and natice SECTION 25 Opposition to application, ordinary proceedings ‘© Director of Lands vs. CA and Abistado (1997) ‘© Valsno vs. ian (1986) Peed SECTION 28 Partial Judgment SECTION 29 Judgment confirming tile SECTION 30 Finalty of Judgment; Duty to cause issuance SECTION 31 Dectee of Registration Lucero vs. Loot (1968) ‘© Manotok Realty vs. CLT Realty (2007), SECTION 33 ‘Appeal from Judgment SECTION 34 Rules of Procedure LAND TITLES AND DEEDS & AGRARIAN LAWS. 1. CADASTRAL REGISTRATION PROCEEDINGS Cr eeu tecsss SECTION 35, Cadastral survey, preparatory to fling petition SECTION 36 Petition for registration secTion 37 ‘Answer to petition in cadastral proceedings SECTION 38 Hearing, judgment, decree Director of Lands vs. CAand Pastor (1981) ADMINISTRATIVE LAND REGISTRATION PROCEEDINGS feconeuetideusied SECTION 103: Certificate of Title pursuant to patents Free Patent: Agricultural and Residential (RA 30023) Homestead Patent Sales (Agricultural) ‘Miscellaneous Sales (Residential; Commerc Incusteal Lease Sales & Miscellaneous Sales on NAFCO Lands ‘Acting Registrar vs. RTC (1990) ‘Omandam vs. CA (2001) (Ortua vs. Encarnacion (1934) Firmalo vs. Tutaan (1973) Francisco vs. Rodriguez (1975) Quinsay ws. AC (1991) Heirs of Kionisala vs. Heirs of Dacut (2002) Saad Agro-industris, Inc. vs. Republi (2005) Yujuico vs. Republic (2007) LAND TITLES AND DEEDS & PCA Mindanao State University College of aw ~ GSC ext eed cid Gea PRESIDENTIAL DECREE NO, 1528, cuarrert ‘SECIION.L, Tite of Decree ~ This Decre shall be known as the Property Registration Decree SECTION 2, Nature of registration proceedings; jurlditon of courts — ludieal proceedings for the registation of lands throughout the Philippines shal be In rem sll be based on the generally accepted principle underying the Tarens System. Courts of First Instance shall have exelisvejuredction overall applications for erga relstration of tile of lands, induding Improvements and interests therein, nd overall pettans ied after cxiginal registration of tite, wth power to hear and determine all ‘questions arking upon such applications or petitions. The cour through its clerk of court shall furish the Land Regitation Commission with two certified copies of all pleadings, exhibits, ‘orders, and decisions ed or issued in appications or petitions for land registration, with the exception of tenographe notes, within five days fem the filing or issuance thereot ‘CONSTITUTIONAL PROVISION (Arti i, Section 2) Alllands of the puble domals, waters, mineral, cal, petroleum, and fother mineral als, all forces of potential enery, Fisheries, forests or timber, lle, oa and fauna, and other natural resoures ae owned bythe state, With the exception of agrcutural anes, all ther natural ‘sources shall not be alienated. The exploration, development, and [blzation of natural resources shall be under the full contra and supervision of the State. The State may directy undertake such ‘activites, or it may enter into co-preducton, joint venture, or ‘roducton-sharing agreement wit Filpinecizens or corporations or associations at last 60 per centum of whose capital owned by such ‘ens Such agreements maybe fr perad not exceeding twenty fe yeas, renewable for not more than twentyfive years, and under such terms and conditions may provided by law. In cases of water rights for lergation, water suppl, fishers, or Industral uses other than the evelopment of waterpower, beneficial use may be the measure and lit ofthe ra ‘The state shall protect the nations marine wealth In its orchipelagle waters, territorial sea, and excl economic zone, and eter Rs ise and enjoyment exusvaly to Flpine tens. ‘The Congress may, by law, allow smalseale uation of natural resources by Fipino ettzen, 38 wel as cooperative fish farming, with ‘rot to susisance fishermen and sh wevkers ares, lakes, bays, and lagoons. ‘The Prosdent may enter into agreements with foreign-owned corporations involving either tecinical or fancial assistance for large- Scale exploration, development, and ulztion of miner, petrleum, tnd other minerl ol sccoxding to the general tems and conditions ‘rovided bylaw, based on real contrbutions tothe economic growth ‘and general welfare ofthe county In such agreements, the State shal promote the development and use of local slentific and technical ‘The President shall ott the Congress of every contract entered into in accordance with this provision, within thity days rom ts execution. ‘Under the concept of jura regalia, privat tle to land must be traced to some grant, exress or implied, i is presumed to be owned by the Government. Tiss connected tothe states power of dominium which ts the copay ofthe state to own or acquire property. ‘Under Section 2, Arce Xi ofthe Constitution 10 which embodies the ‘egalan doctrine, all lands ofthe puble domain belong tothe State ~ the source of any assrted right to ownership of lnd. Al lands not appearing tobe cleaty of private dominion presumptively belong to the LAND TITLES AND DEEDS & AGRARIAN LAWS ‘Accordingly publiclands not shown tohave been recassifedor released 25 alonabe agricultural nd or alenated to a private person by the State remain par ofthe inaenable pubic domain. ‘Allands ofthe pubic domain belong tothe State, and thatthe State is the source of any asserted ght to ownership inland an charged with the conservation of such patrimony. “The Goctrine was fist introduced bythe Spaniards. Upon the Spanish onquest of the Phlippnes, ownership ofall ands, terres and possesion” Inthe Philppnes passed the Spanish Crown Exceptions tothe Regallan Doctrine Ancestral lands covered by the concept of native title (Republi vs, Cosolan, GR, No. 216899, lly 04 2018) + Friar Lands [Colede vs. Court of Appeal, GR. No. 207764, Dttober 4, 2002; €A 141) FMfets of the Regalion Doctrine = Allands not otherwise appesringto be less within private ‘ownership are presumed to Delong to the state 1 postive act of the government is needed to dedassty public land int alenable and lsposable land fer agricultural ‘or other purposes. Regalian Doctrine Does Not Negate Native Title In Gru. Sec. of DENR petitioners challenged consttutionalty of RA 18371 0 IPRA on the ground tat amount to an unlawh ceprivaton ofthe State's ownership over Inds ofthe pubic domain and al other ratwal resources therein, by recoglang the right of ownership of Iccsfsto their ancestral domains ane ancestral ands on the Bass of rate sl, Here, respondent never presented the required certifeation from the proper government agency or oficial proclamation rclssiying the et Spplied fra alenable and disposable. Mates of and easton or reclassification cannot be assumed It calls for prof, ‘As the Court has held, however, these documents are not sufcent to ‘overcome the presumption thet the and sought tobe regstere forms par of the public domain. The ruling upon nate te or ownership of Tandy Fllpinesby vite of possession underaclalmof ownership since Sime immemorial nd independent of any gran rom Spanish Crown, 2¢ an exception tothe theory ofjura res. In Secretary of DENR w. Yop cicussed tht all ands not otherwise appearing to be clearly within private ownership are presumed to belongto the state. Thus lands shat have not been acquired ftom the government, ether by purchase or by grat, belong tothe State as part of alenable pubic domain. Positive et Dearing Land a5 Alenable and Disposable “o overcome the presumption of ura regal, there mut sil be 2 postive act declaring land a pubic domain as alenabe and isposable. “o prove thatthe land subject of an application for registration is llenable, the applicant must etabeh the exstence ofa pote act of government such as: 4 Presgenial Proclamation 2. rece Order 2 Administrative Action {Investigation Reports of Sureau af Lands investigators 5: legate Acts or Statute 6. Cerafication from the Government that the land clamedta have been possessed or required numberof years is alenable and csposable. In the same cate the Courts aware that millone of patos have been Invested forthe development of Boracay land, malig it byword in the lea an international tours industry. The Court also notes that fora numberof years, thousands of people have called the Ilana their home. Win the Court commiserates with phat claimant’ plight, We are bound to apply the aw sriety and judiciously, This is thew and it should prevail [Allis ot ost, however, fr private claimants. While they may not be liible to app for uci confirmation of imperfect le unde Section {8(0) of CANo. 141, as amended, this doesnot denote ther automate ouster from the residential, comnmercal, and ether areas they possess row eased as agricul. Neither wil this mesn the lost oftheir Substantol investments on thet occupied allenable lands. Lack f ttle does not necessarily mean lck of right to possess. For one thing, hose with lawful possession may claim good faith as bulders of Improvements. They can take steps 10 preserve or protect thelr possesion. For anther they may ook into other modes of applying for frigina registration of ste, such as by homestead or sles patent, ‘subject othe conditions impose by lan Geka ‘Whats property? Property is 2 thing which is or may be the objet of appropriation, (rt. 424, NCO) (ean be owned) Right to property is Constttionally protected, Arte Section 1 ofthe Constitution state that "ao petzon shall be Aeprved of if, liberty or property without due process ef ‘Query ts the right © property an inherent right or si granted by the state? ‘Answer: Sec. 3, rl af the Const ples thats inerent, butitean be regulated. What i ownership? (nership isthe right to enjoy dispose and recover thing ‘without further Intationsthanthove established by lw oF the willof the owe Incidental ight + ight toenjy includes possesion, use, fruits and te exclude thers) + Right to dispose (ncudes the right to destroy or abuse, ‘alienate, ranform, encumber) fight © recover (by accion intrdeal, accion publeene, ‘ccion endear) (You connot be fully the owner of the property if you do not have these Ineldental gh) ‘What ate Limitations on Ownership? ‘peel lmatons imposed by aw {x serent of waters ond right of way General limitations imposed trough the inherent powers of x Restrictions imposed by the State's police power power of taxaten and power of eminent domain LUmitatons imposed bythe grantor or wansferor x. Condos imposed by the dono seller Inherent imitations arising from confit wit other rights fx Nuisance Limitations imposed bythe owner himself x Restictions impose by lease contact [A.CLASSIFICATION OF PUBLIC LANDS tis an exclave prerogative of the executive department and not the ‘courts The dassfeation or reclasseation of publ ands int alenable and dispose ‘Before the government cou alienate or depose of lands ofthe public oman, the Executive mus fest oficial cass these lands s A and D and then decare them open for disposition and concession ‘CONSTITUTIONAL PROVISION (Arle i, Section 3) {ands ofthe public domain are cased int: {Agricultural (ony Agr ands can be privately owned) 2 Forest or inber 3. Mineral Lands 44. National Parks ‘The clasfeation and reclasfaton of pubic lands ito alienable or dzposabe, mineral orforestlandisthe exclusive prerogative ofthe Executive Department, and is exercised by ‘the later through the President or such other parsons vested ‘with authority to exercise the same on his behalt (Republic 5. Cobrera, GR. No, 218838, November 08,2017) Mere possesion by prbate Individuals of lands dees not ‘create 2 presumpsion thatthe lands are alenabie and disposable (Colldo vs. CA, GR, No. 107764, October 04, 2002) ‘Only sgrcutual ands can be allenated. (Weis of Molobanan vs. Republi, 68. No, 179887, April 29,2008) ‘Section 7. Proof that te Landi Alenable and Disposable, For purposes of judicial confrmation of imperfect tee fled under Presidential Decree No. 1529, 2 duly signed certification by 2 culy designated DEN geodetic engineer that the land is par of alenable and disposable agricultural ands ofthe puble domain ssuficientproct thatthe lan i alcnable. Sai eariestion shal be imprinted in the approved survey pln submited bythe applicant in the land repstation {ourt The Imprinted cerfestion In the plan shall contaln 2 sworn Statement bythe eodate engineer that the landiswitin the alenable and disposable lands ofthe public domain and shall tte the appicable Forestry Administrative Orde, DENR Administrative Order, Exaeutve ‘Order, Proclamations andthe Land Classification Project Map Number covering the subject nc LAND TITLES AND DEEDS & AGRARIAN LAWS Should there be no available copy ofthe Forestry Administrative Orde, freeutve Order or Proclamation, ie is auflent that the. Lad Clasifcation (Lc) Map Number, Project Number, and date of release indicated inthe and classfeation map be tated in he sworn statement ecarng that sad land classification map is exstng inthe iventory of LC Map records of the National Mapping and Resoutee Information ‘Authority (NAMA) ands being used bythe DENR a and lasication [ACCORDING TO OWNERSHIP Publi Property 1. Property of Puble Dominion 2. Patrmonal Property Property of Public Dominion 1 Publ Use 2. Publ Service (Ony agrletual land mey be allenated;allother natura resources may note Categories of llenable and Disposable Lands 1. Patrimonia lands ofthe state; and 2. Land ofthe public domain whieh ae arias! Consequently lands classified as forest or timber, mineral or national parks are not susceptible to alnaton oF esposion uniess they are reclassified as agrcltral. postive act of government s necessary to enable such ~Regalln Doctrine Requirements to Establish Classification 1L PENRO and CENRO cert that land is allenable and sposable; 2 Proot that DENR Secretary had approved the land tdasieaton and released the land ofthe puble domain alienable and disposable and the land fas within the tdasfcaton map a verted through the survey by PENRO tr CENRO, 3. Applicant must present 2 certited copy of the DENK Secretary's declaration or Presents proclamation tlastfying the land a alenable and lspoable.(Republe w Febio) ENR Adminitrative Order No. 20 (May 30,1988) CENROS ‘may now issue carifstas of land classification status for areas below 50 hectares and for those above, PENRO issues such ‘Only A and D Lands Subject to Disposition Before government ould allenate or cispote andsof public domain, he Prsident must fst oflaly cssfy these ands as A and 0 and then dedare them open to dspositon or concessin. There must be 2 postive at decatsying publ andto disposable land. Lands ofthe Public Domain not subject to Allenation ~Thosefor public use roads, parks, wharves) + Those for public serve (government blings, marks) = Those forthe development ofthe national wealth forests, mineral lanes) ‘Thus = They cannot be allerated or leased or otherwise be the subject mater of contract = They cannot be acquired by prescription agalnst the sate Property i ether of {s) puble dominion or (2) private ownership However, there are at least thirteen (13) kinds of non-egistrable properties 3. Property of puble dominion 2. Forestands 3. Watershed & Mangrove swamps Mineral Inde 6. Hara resources in ancestral domains 7. National pars 8. rlitary or naval reservation 5. Foreshore or ecnimed lands 20. Lakes 31. Navigable vers 2 creeks 15. Reservations for publleand sem! puble purposes. 1 PROPERTY OF PUBLIC DOMINION “They are thove property ofthe State held by Regaian ight, being of public domirion they are not capable of private appropriation. Ti is the ownership ofthe Stat ins public eapacty or i the eerie ofits governmental functions. ‘Article 420 ofthe Civil ode provides: The following things ae property ‘of public dominion: (2) Tose intonded for puble uso, such as roads, canal, rer, torrets, ports and bridges constructed by the State, bans, shores and roastends another of solar character, (6) Those which belong tthe State, without belag for public use, and ae intended for some public service or for the development ‘ofthe national wealth, ‘Latimonlal Progeny Al other property of the State, whichis not of the character ‘mentioned above, te patrimonal propery. Property of publ minion, when no longer needed for pubic use of for public service, shal form part of the patimonial propery of the State However, there sia need ofa delaaton Thus, patrimonal properties maybe bought o” slain any manner Uutlaed withthe same elect as propertes owned by priate persons. {. How may patrimonial property of the State be acquired by private persons Tt ean be acquired through prescription. Under the Gil Code, ‘article 1113, all things which are within commerce of men are susceptible of prescrpton unless otherwise provided including patrimonal property. 2.Land may be alienated if no longer for publi use in Laure. Gari, the mere aon-use of Roppone| Property ld not ipso jure tur ft into 2 patina! property, there is ei a ned of 2 positive act of government to make I patrimanial Note that property of puble dominion retains such character ‘uti formally declared otherwise 2.ownership of waters 1067 or the Water Code ‘Thi law provided forte waters that belong tothe state 4 Rivers and ther natural beds; 2. Continuous and intermittent waters of springs and brooks ‘anning in their natura beds an the beds themselves; 3. Natura lakes and lagoons, 4 All other eatogris of surface waters; 5. Aimosoherie water 6 Subterranean or ground waters; and 7. Seawater ‘The folowing waters on pivate land belong ta the state: 1 Continuous/ntermitent waters ing on such lands; 2.Aakes ant lagoons naturally occuring on sue ands 3 Rain water alleg on suc ands; 4 subterranean of ground waters and 5 Waterin swamps and marshes. 4. Alorable lands ofthe public domain held by government enies Lunde Sec. 60 of CA 141 remain as publc ands because they cannot be llenated or encumbered unless Congres passes law authoring thet sposiion. 5. Lands ted in the name of government entities form part of the publie domain 6, Those acquired from private property by government either by purchase, donation or exprapration become properties of the publc ‘domain tthe tnd forms part of publi forest, possession thereof no matterhow long, cannot convert into private property as it is within the exclusive Jueslction of tne Bureau af Forest Development and beyond the power land jurisdiction of the registration court. Forest lands cannot be ‘lienated in favor of private persons or entities. In Alvarer x PICOP Resouces, Inc. (2000), forestlands cannot be alienated in favor of private entities, grating ther via a contract which [epermanent and rrevocable is tantamount to grant them ownership of such In Drector of Forestry v.Vilarea twas ruled that mangrove swamps form part of the publc forests ofthe country. As such they are not stienable under the Constitution and may nt be the subject of private ‘ownership unl and unless released, Conservation of Natural Resources In Romos x. Director of Lond, there should be conservation of the natural resources of the Philppines. Natures wealth i for future's {ganeration. In Director of Forestry w Munoz, forests constitute therein tal segment of county's natral resources. sof common knowiedge that absence a green cover on aur lands produces a number of adverse cori eects of serious proportions LAND TITLES AND DEEDS & AGRARIAN LAWS Classification of Land Is Descriptive ofits Legal Nature Not What Actually Looks Uke The clasificaton is descriptive oft tga nature of status and does not have tobe descriptive of what the land actualy looks the. Unless fnd unt the land claefied at forest Is released in an official proclamation to that effect testi publ domain, /Aforestes area eased as forest ane ofthe public domain does not lose such elssifieation simply because loggers or settlers may have srpped tof forest cover Forest lands may even be covered with fats of planted with eros. Forest lands do not necessary be in ‘mountains or in out of the way places. Swampy areas covered by ‘mangrove ees, niga palms, and other trees growing in brackish or ea water may alsobe dasiid as forestland. Confirmation of lmperect Tiles only tA and D Lands Imamunategui. Directo of Forestry, itscear that ifthe lands ae forest lands they are exchided. The claimant must overcame the presumption thot the land hes applying ors pot of the public domain but that he has aninterest herein suiticient to warrant epstraton in his name. 3. WaTERSHEDs /Awatershed is body af and bounded above bya rdge or water divide and blow by the level at whichwater drains fom it Watersheds occur in upland ares; thus, except on flat lands, almost tree fourths ofthe Philippine terrain are enracterzed by large watersheds or ver. Insta. Rosa Dev’ Realty. CA (2001, thas ben setied that watersheds are goneraly outside the commerce of man. The most important produce ofa watersied fe water which Is one of the mest Imparant human neces, Pratecion of such wil ensure adequate supply of water for future generations and he contol of fashfloads that not onty damage property but also case loss of ves. Protection of such san Intergenerationa responsiblity that needs to be answered now 4, MANGRove swans In Montane. Insulor Government (1803), is categorically declared ‘that mangrove samp form par of he publeforets ofthe country. At affimed, swamplands are pat of the puble domain and cannot be (4sposed of unless dedasied. 5. MINERAL LANDS Mining claims and rights, other matters concerning minerals ae ‘governed by spell laws. ‘Mineral Resources are Owned by the State Inte Bugollaen Association Ramos (2004), ll mineral resources are ‘une by State and exploration, development and utlzation must sway be subject othe ull contol ane supervision by the sat, “The mineral wealth and natural resources ofthe country ae meant to beneft not merely a select group of people living inthe areas lcaly affected by mining actos but the entre Fine non Possession of Mineral Lands does not Confer Rights No matter how long possessed, possession of mineral ands does not confer possessry righ, thus a centfcate efile is veld when it covers property of public domain assed as mineral lands. ‘Ownership of and Does Not Extend to Minerals Under In Republic v. CA and De fa Rose (1980), the regain doctrine simply reserves tothe tate al minerals that may be found in public and even private land devoted to agreutural, Indust, commercial, residential fr any purpose other than mining “Thus, fa person ithe owner of arieuturl land in which minerals are lascovered, his ownership of such land doesnot giv him the righ fextract or uae said minerals without the permission ofthe State 0 luhih such mineral belong. (Once minerais are scovered in the land, whatever the se to which it ising devoted atthe time, such use maybe dicontinued by the State toenableitto extract the mineral: thereninthe exercise of sovereign prerogative. Land cannot be Partly Mineral and Party Agreututl In Republic CA and Dela Ros, the rights over the land ar nde and thatthe lad itself cannot be half agricultural and haf mineral The tlasfiaton must be categorical 6. _NATURALRESOURCES IN ANCESTRAL DOMAINS Pursuant to RA 837 or the Indigenous Pooples Rights Act the Indigenous Cultural ormmunities (CC) or indigenous Peoples Ps) have Por nights in harvesting, exttacton, development ar expletation af any natural resources within the ancestral domain. However a non-member may be allowed to take pat in the EDU ofthe ‘aluralresoutes fora period of no exed 25 years renewable for not ‘more than 25 years provided thee is 2 formal ang writen agreement entered into with ccs concerned 7. _ NATIONAL PARKS ttisa scenic or historically important area of countryside protectes by the government for the enjoyment of the general publ or the preservation of wif. Thus, fa cerieate of te covers a portion of land witin the area reserved forthe park purposes, the tle should be annulled wth respect to such Lands inside 0 miltary oF naval reservation cannot be the object of registration. This, in Republe x Morcr (3968), appication of ‘egistrason of Cam John Hay was held tobe invalid snes the miltary amp or reservation could not hive been the objet of cadestral proceedings. ‘A mlary reseration cannot be subject to occupation, entry or fattlement. It inabenable, Ths, tiles lsved to individuals oF Corporations that covers property casified as mary oF naval reervation are to be ordered cancelled as being void ab in for covering nonegistrable properties. ‘The term foreshore land is roferred to asthe strip of land that les ‘between the igh andlow water marke and that altematvely wet and cry ecard tothe low ofthe sde. tao that part ofthe and ‘adjacent to the soa whichis ltematively covered by the flow of the tides. Foreshore lands and submerged lands (which may be the subject ‘of reclamation) ae Inaienable unless declared by lw ta be A and © portions of the public domain ‘Reclamation ste conversion of unusable ad nt valuable rel estate by edging, Sling or other means of any foreshore ands (RA 1899), ‘Submerged lands 2re those permanently under water regardless ofthe {2b and flow ofthe tde and are na included in the term “oreshore lands" |nAimagro kwon (2020), to quly 3 foreshore land it must be shown thatthe land lies between the high and low water marks and is alternately wet and dry according to the flow of the te. The lands proximity to the water + alone docs not automatically make it a foreshore land ‘General nue: Foreshore and submerged ares indsputaby belong to ‘the public domain andar inalienable, ‘exception: Whenit i recaimed and clasfed 2 alenable lands open to clspostion and further declared no longer needed for publ service. [REPUBLIC CA and MORATO (1997) {.Shoulds property revert the State once tisinvade by the a and thus becomes foreshore land? ‘Yes. While atthe time ofthe grant of free patent to Merato the land was not reached by the water, however, due to gradual iking of the land caused by natural calamities, the sea advances had ‘permanently invaded a portion of subject and Thus, the land became foreshore, thus ican no longer be subject ofa tree patent under PLA When the see moved towards the estate and the tide invaded the Invades property became foreshore land and passedto the realm ofthe publiedomain tate Potcy Sale to private pases of government reclaimed, foreshore and marshy ‘ilenable lands ofthe puble domaln has prohibited. Having been in CA 4 har been carried tothe 1935 CONST. The foreshore lands become Inakenable as natural resources of the State, unless rechimed by government and classed as agricultural lands of public domain, in which case they would fll under the casiction of goverment ‘claimed lands "NOTE: Government reclaimed and marshy aspasable lands of the puble Notice “Torrens System of rapstraton - Centra record of property. Process hereby the property is given ix identiying number so that evenone who deals or trnscets with that property wil just quote the some umber ond everyone ese wil be aware that they are refering to the Some propery Purpose ofthe Torrens System Inisaneffective measure to guarantee the integry ofthe andes and te protec ther ndefesblty once the claim of ounersip In Legarde .Steeby (1815), it was stated that the real purpose of the “otra System et quiet tet land and to put stop forever to any ‘question of legal ofthe tl, except cis which were ted a the time of registration inthe cereete or whieh may arse subsequent therete. (Once a ttle Is registred, the owner may rest secure, without the neces of waking the portals ofthe court to avo the possbilty of losing hs ana Figuratively i's moingay kasi mogul. Ang daming nog coin. With the Terrens System magigngtahimik no ang iyong ownership. Ma resolve a ung conflict ng overlapping claims. Para malwasan ag double sales. ‘To puta stop forever to any question onthe legality of registration. Registration Is Nota Mode of Acquiring Ownership Aegstration ofa plece of land doesnot eat or vest, tis merely a procedure to exablih evidence of tle over reat. It is 2 means of Eenfiring the fact of ts existence with notice tothe word at are. A ferent of te snot source of right merely confirms or eecords 3 ‘ile already existing and vested. Te CERTIFICATE OF TIE Ganeraly defined asthe lawful |W 2 mere evdence of faute of ground of possession | ownership; is not the tle te ‘that which is ours It is the | theland tse, foundation of ownership of propery, fal er personal nisin constitutes just cause of eclusive possession, oF which the foundation of ownership of property. Registration as Proceeding mn Rem ‘Allthe world are parties incising government, afer he regitation is complet and final and there exists no frau, there are no innocent ‘hard pares who may clam an interest. “The rents of all the wore are foreclosed by the deere of registration, ‘the government itself assumes the burden of ging ntie to all the parties, To permit the persons who partis inthe registration are proceeding to against Iigate the same question would desroy the purpose ofthe av ADVANTAGE OF THE TORRENS SYSTEM, ‘© Quiet land ‘+ Accumulate in one document a precise and correct Satement ofthe exact statu ofthe Fee hel ‘+ Decreetand ttl shal be ina, ierevcable an indisputable. “© Decreeland ttle which cannot bealtered, modified, enlarged for diminihed except in some ateet and not collateral proceeding ‘+ “Restore the ust vale ofthe and Reve the lind of burden of aims + Simpity proceedings ‘Three important Attributes of Tortens Tle 1 It tthe best evidence of ownership over regetere land, unless annulled in an appropriate proceeding, the te i ‘onclsve on the sve of ownership 2. Its incontroverble evidence and indeeasible upon the expiration of one yea Wom the date af is erty ofthe decree ofrepstravon 3. It is not subject to collateral stack (Sompeco v Mingea tantud, GR163551, lly 18, 2032) fidence of Ownership (Once a tile registered, az 2 consequence either of judicial or administrative proceedings, the owner may rest secre, without the necessity of walting at the ports of the court to avoid the possibilty of losing his land. The eertfcate of tile cannot be defeated by adverse, ‘open and notorious possesion, 7 "Neither can the defeated by prescition. As provides under Sec. 47 of 1529, ro tile to reistered land in derogation of the tile of the registered owner shall ne. acquired by prescription or adverse ‘SOUD STATE v.cA 8 VIRATA (1993) ‘The iasuance ofa cerifcate of ile in favor of Mabini Leasoi did not vest onmership Upon her aver the land nor di validate the alleged purchase ofthe lot, which was null and voi. Time and again, ithas been held that registration does not verte els merely evidence of such tite over parivla property. Ourland registration ws, dono give te Folder any beter ete than that what he actualy has. [Athouth period of one years has already expice from the time the coriiate of le was issued to Mabie! Legaspi pursuant tothe alleged Sale fom the government, sad tle does not become incontrovertible ‘buts null ané void sine the acquisition ofthe property was | violation flaw. Beng null and void, sale made no legal effect, Aight 10 Rely Upon Face ofthe Torens Cereicateof Title {General Rule: Every person dealing with registered may safely rly on the correctness ofthe certfeate of tle fsued therefore and the lw vwillin no way oblige him to go beyond the title issued therefor and the {aw win no way oblige hi to beyond such, Whereis nothing in the corificate of tle to indicate ary coud or vice inthe ownership ofthe property oF any encumbrance thereon, the purchaser snot required to explore frther than what the Tortens Title indeaes ‘Exception: higher degree of prudence s required from one who buys {roma person whois not registered owner, although the find abject of the transaction Is registered n such 2 case, the buyer I expected to ‘examine not ony the corsfcateof le bu al he fctualcrcumstances ‘necessary for him to determine if there are many flaws inthe stl of the transferor. ‘Not subject to collateral attack. A cericat of ile shall not be subject to cllatera attack, It eannot be altered, modified, or cancalled except Ina dvect proceeding in accordance with law (See 88, PD 1525) PERSONS BOUND ‘Unregistered Tle Grantor Heirs and Devisees © Persone with Actual Notice * Rogistrea Tile All persons “Torrens cetcate of ttl sindefeasible and binding upan the whole ‘wore ules i nulfied by 3 court of competent ursiton in a siect proceeding for cancellation of tile. tegtation Is the operative act to Convey of affect the unregistered land insofar as third parsons are concord ‘OVERVIEW OF THE BASIC PROCEDURE Two Kinds of Registration 4. Original Registration ~ it is when the land has been ajsieated and decreed in the name of ite owner in 8 registration proceeding and he tte ssued nthe nome ofS downer ina regstraton proceeding andthe tle sued forthe ‘iin pursuant tothe deree isthe Original Certeate of The (ocr) 2. Subsequent Registration — itis when the land tile canceled and replaced by another tile by reason of sale of transfer The new ceriiate awed isthe ranater Certificate of The (TCT, all subsequent tles are known as Tansler Contieates ‘Government Agences involved in Rett “The cours jel eonfrmation DENA (patents) Land Registration Authority, formerly Land Registration Commission ~ created under PD. 1529 and under the executive supervision ofthe Department of use Register of Deedr ~ extabled for each province or cy Serves 25 public repository of tiles and records of instruments afecting registered or unregistered lands and chaltel morteages. 23 steps Procedure: 4 Survey of land by the Bureau of Lands or 2 duly Hiensed 2. Fling of appeation for registration; Seong ofthe date forthe initial hearing: 4 Tansmital ofthe application andthe date of intial hearing, together with documents or ther evidence attached thereto LAND TITLES AND DEEDS & AGRARIAN LAWS by the Clerk of Court tothe Land Registration Authory (a; 5. Publication ofthe notice of iital hearing inthe Official Gazette and then once ina newspaper of general circulation inthe Philppines: 5. Service of notice (by posting and malin) upon contiguous fuer, ceupants and those known to have interes nthe property, 7. Fling of Answer of Opposition to the application by ary person whether named nthe notice or not, 5 Hearing of the cas by the court: 9. Promulgation of judgment 10. issuance ofthe decree by the court éedarng the decison finalandinstrutng the LRA tissue deere confirmation and eastraion: 11, Enryf the decree of regstratin nthe LRA [his whats found inthe tile) 12, ranemital ofthe decree of epstration tothe corresponding Register of Deeds; end 13, issuance ofthe Orginal Certfeate of The (OCT) and the ‘uner’s duplicate ofthe OCT. (onder of general default does not apply tothe State. So even fhe State {id nt fle for an answer or an opposition tothe epplication, kahit pa ag portcipate ang State so kasong yan, lotr on f the decision is {favorable tothe applicant, maglatoreon uit ng hearing. The applicant ‘must prove his grounds under Section 14 ithe court finds tht there is ‘ert inthe case or 0s proved by the evidence or faw then the cour Wil grant the applicator) (ROD'S function 1s ministerial) (f you have ‘uestions a proceedings, you question It sa LRA) (ang OCT nasa ROO) ‘Torrens Tes that may be sued: ‘Original Cortieate of Th tDaneniy registered Land ‘+ Wander Corsets of Title (TT), the subsequent cerieate Ieee "+ Condominium Cerifate of Title Condominium Owner's Copy ofthe TE, one sued roan owner of 2 condominium Uunitshowing the description of the land, bit description of the condominium conveyed, and the name and persona ‘drumstances of the condominium ower 0, the fret cereats sued 1. ORIGINAL CERTIFICATE OF "TLE OR OCT Tes the fst certfete of tle lued in the name of & registered owner bythe Register of Deeds covering a parcel bfland which ha Been registered under the Torrens Systm, byvitue of dial or administrative proceedings. consists fone orignal copy fled in the Register of Deeds, and the ‘uner’s duplicate cersicat delivered tothe owner 2. TRANSFER CERTIFICATE OF TTLE OR TCT “The subsequent cerca of tle pursuant to any deed of ‘wansfer or conveyance to another person the tie ssued by ‘the Reser of Deeds in favor af 2 tarsferee to whom the Dunerahp ofa registered land has been transfered by ary legal mote of conveyance (eg sale, donation). The Register of Deeds shall make a new eertifeate of te and given him fan owners dupleste coricate. The prevous certiicate (need not be an OCT) skal be stamped “ances \stitle overland synonymous with ownership? No, Tale i @fxrideal actor a deed which isnot sufient by self to transler ownership but provides ony fr 2 jurideal ustieation for the effecuaion of a mode to acquire oF taster ownership. It provides the cause forthe acquisition of ownership. (Le sale = tle elvery = mode tof aequstien of ownership) ‘Ownership, on the other hand, isan independent right of exclusive enjoyment and control of the thing for the purpose of deriving therefrom al advantages required by thereszonable needs ofthe owner and the promotion of the general weifare but subject tothe restrictions Impose by lw and the ight fathers (At 427, NCC) ‘What is meant by indefeasbilty and incontroveribilty of cetfates ofa? “The certifeate, once issued, becomes a conclusive evidence ofthe title ‘unership ofthe and referred to therein, What appears onthe face of the tl contain on questions of ownership ofthe property fevor ofthe person whose nar appears therein and such cannot be defeated by adverse, open, and notrious possession; neither can it be defeated by preserption “© After the expiration ofthe one-year period fom the issuance ofthe decree of registration upon whichtis sued Torens title becomes incontovertble. (Pamintuan ws. San Agustin, 43 Phi 358), + Ate, once registered under the Torrens System of tana Registration, cannot be defeated even by adverse, open and notorious possession; nether can It be defeated by prescription. (egarda vs Soleby, 3 Pil 590) © While Sec. 32 of PO 1529 provides that the decree of registration becomes incontrovertible after year, it doesnot deprive an agrieved party ofa remedy inlaw A Certieate of Tile only an evidence of onmershp. Re iawance does not foredose the possibilty that he property ico-owned or it's held in st for another. (Gee vs. mae GR. No 149678, May 30, 2003) (Atte is smply «centration of what wos proven in court ‘what wos proven bythe documents or evidence butt dacs not go into the documents. does not go behind the ‘evidence, So tht tle cannot forever be protected. Ibig abi, a perzon who has a better righ othe property but ‘war defrauded tha's why the repistered owner war ale to successfully register to its name, the epgreved party may flea case cgainst the regstered owner and against the tle. Using the implied trast, the aggrieved party may fle for an ‘action for reconveyence| While an inherently detective Torrents Tile may not be ‘ordinary canceled even after proof ofits detect, the aw nevertheless safeguards the rightful party's interest in the ‘led land rom fraud and improper use of techaicaltes by allowing such partyin appropriate cases, to jdialy Seok reconveyance him of whatever he has been deprived of = Tong 2 the and har not been transferred or conveyed to 2 purchaser in good fat, (Pascua vs. Gopuye, 23187, May has The phrase martes toi meray descriptive of cl statue and does not prove co-ownership. (Ventura vs. bude, Gk No. 202982, October 23,2013) + Where two certificates of le ar issued to ifferent persons aovering th same lan in whole or in pt the eer date rust prevail os between the orginal pares, and in ease of fvecessve registration where more than one cerifieate Issued over the land, the person holding under the prior Eertfcate Is enti tothe land as against the person who relies on the second certiate (lesia ni Cito vs. Hon Judge, 123 SCRA516) + Whoever held Toes tle in is name is ented to the possession ofthe lane covered bythe tile Possession, which isthe holding ofa thing or the enjoyment of rights but an attribute oftheir registered onership, (Abobo vs. Abobon, {RN 155830, August 15,2012] Principles in Torens System Wshere are averlranstrs, the TCT wil be 2 mitrorinthatit shouldbe demeat the current fats. the seller sels the lan, the od tle musk ‘be identical tothe new one in terme of technical deteption 20 a to reinforce the concept thatthe buyers shoud be abet rely onthe fact (ofthe tle. Exceptions to the Mirror Prineple (a) When a petson deals ‘witha egtared land with someone that not the registered cwner (©) When the party has actual knowlege of acts which woul impel 3 easorably eautious mind to make such inquiry tthe lack oft; Ih ‘eases of banking and foarcng institutions. 2. THE CURTAIN PRINCIPLE eles tothe concept thatthe buyer shouldbe able to rely onthe face ofthe title and shouia’t have to go beyond the cristina way, the ‘buyer doesnot have to g behiné the curtain to ascertain teuth a the tite, because the Torrens cerieate guarantees him that 23. THE INSURANCE PRINCIPLE quates registration oa guarante by the State ‘Mizor Datrine In Sale or Purchase of Registered Land Wate Every prson dealing with registered land may safely rely on the correctness of the certificate of tive issued therefor and is no way obliged to go beyond the earfiat to determine the condi af the property. Locsin vs. Hion, GR. No. 204368, September 37,2024) ‘The doctinl rule that every person dealing with registered land may safely rely onthe correcness ofthe certieate of tale sued therefor and sin no way obliged to go beyond the certfcate to determine the Condition ofthe property. Al persons desing with a property covered byTertenscertfeate of tle are not equredto go beyondwhat2ppears ‘onthe face of thee. Wher there fe nothing on te certfcate of le to indicate any cloud or vce in the ownership of the property, of any ‘encumbrance thereon, the purchaser nt raquted to explore further ‘than what the Torens tile uponitsfaceindicate inquest or any hidden elect orincnoate right that may deeat hight tere, LAND TITLES AND DEEDS & AGRARIAN LAWS When Mere Retiree onthe Tie not Applicable 1. When the party has actual knowedge of facts ant Circumstances that would impo 2 reasonably autous man tomake such inquiry: or 12. When the purchacer has hnowledge ofa defect othe ack of ttlein hi vendor arf aufclent facet induce a reasonably prudent man to inguce into the status of the tle ofthe Property in sexton; oF 3. The presence of anything which exces o arouses suspicion (1. Things to be wary of- Facts ond circumstances thot othough they do rot act the tte but wltmaely they wil offect the sight ofthe owner to fully enjoy the property. Ex. Lese.Exropration) (2. When someone seling to you snot the owner example on agent you have te get Special Power ef tame. You may also wanttacheck with the rina. This is what banks dif someone will morgage a propery The bank wil calor hove a conference withthe prine)poVouner ond ask Iftotee ba na nag issue sya ng PA and alo vty the lint ofthe SPA If subject bang ivgation) (3. Check the property. Conduct an ocular inspection. Check the metes ‘and bounds ou mey hire a surveyor. Ard also ask oround sa neighbors. ‘Ask what the condtion ofthe property, legal and physka! canton, Kosi on asking youcan get aful picture ofthe property Kas its possible a wola ka ngang problem so title but you have a problem so physical onition 9 property ike maybe bincboha syor the structure/tegniy ofthe structure there not so good. Bee skeptic or enical kind. Be ceusousfworrsome.) ‘These should then prompt the vendee to lok beyond the cerfcate and investigate the tle ofthe vendor appearing onthe face of sald certificate. One who falls within the excepton con nether be denominated an Innocent purchaser for value nora purchase n good {faith and, hones, does not merit the protoeion ofthe Ia (Locsin vs. eon) ‘what ate the Precautionary Measure or Steps? Nallmarks of Oligence ‘+ Verifying the origin, History, authentic, and validity ofthe ‘ile withthe Offs ofthe Register of Deeds and the Land Registration Authority; “+ Engaging the Services of a competent and relablegeodet engineer o very the boundary, metes, and bounds ofthe lot subject of sald tle based onthe technical description in ‘the sald ttle and the approved survey plan In the Land Management Bureau; “© Conducting an actual eclarinspeccon of the let: ‘+ Inguiing fom the owners and possessors of aeoining lots with respect to the true and legal ownership of the lt in question: “+ Putting up of sens that a lots beng purchase, leased sneumberee: an “+ Undertaking such other measures to make the general publ aware that sid lot will be subject to alienation, lease, feneumbrance by the partes (Locsin vi Mizon) (Evercize e digence even itis cumbersome. Al these wil give you 9 eoce of mind) What are other exceptions tothe application of the mirror doctrine? Where the porenater or mortgagee is 4 Bank/inancing institutions 2. Where the Quner sl holds valid and exiting cena of ttle covering the same property because the law protects the lawl holder ofa registred le over the transfer of 3 vendor bereft of any transmissible right, Purchaser in Bad fh 42 _Purehates and with a certficte of tte containing a nates fispendens; 5. Sufficient strong indications to impel closer Inquiry ito the location, boundaries and condition of the lt, 6. Purehaserhad fll Knowledge of flaws ond defects in thewtle; 7. Where a person buys land nat rom the eprtered owner but from whose ghtstothe land hasbeen merely Annotated on the cerfcate oft. ‘Sutin Princile (Cusiws Domingo, GR. No, 195825, February 27,2013 (One ofthe guiding tenets underiying he Torrens system the CURTAIN PRINCIPLE, nthat one doesnot needto go behind te cerciate of le because contains all the information about the tle of es hele. “This principle dispenses with the need of proving ownership by long complicated documents kept by the regstered owner, which may be ‘ecssary under aprbate conveyancing system, and assures that llthe ‘necessary information regarding ovmeship is onthe crtfcate of le ‘Consequently the avowed objective ofthe Toons sstam isto obviate posse contcs of tile by giving the public the right to rely upon the face of the Toten carteate snd, ae 3 rule, to dapenes wath the ‘necessity of inguing further; on the part ofthe registred one, the system ges him complete peace of mind that he would be secured in Fs ounershipa longa he has not volta disposed of any right over the covere land Insurance Prinile Eagle Realty vs. Repub G.R. No. 151426, sly 4, 2008 Indisputbly, the governments charged withthe duty to preserve the ry ofthe Toren System and protect the Resuranee Fun 01529, ection 95 etlon for compensation fom funds ‘A person who, without negigence on his prt, sustains loss or domage, cris deprived flnd or any esate o interest herein consequence of the bringing ofthe land under the operation ofthe Torrens system of arising afer orginal registration of land, through fraud or in Consequence of any errr, cision, mistake or misdescrigtion in any coriieate of tile orn any entry or memorandum inthe registration ‘book, and who bythe provslons ofthis Decre fs barred or otherwise rechded under the provision of any aw rom bringing an action forthe covery of such land or the estate or interest therein, may ring an faction in any cour of competent jurisdiction forthe recovery of

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