LAND TITLES AND DEEDS

Atty. Bienvenido Bulatao

April 22, 2023

SCRIBES TEAM: Karla Isabella O. Cera, Angela Consignado, Sherry Jane B. Pagay, Mel M. Devesa, Marion Angelique A. Canlas
CHECKED BY: HANNAH MORALES (Chairperson for ALD)| LORRAINE SANTOS (Deputy for ALD) | POHL GUARIN (Deputy for ALD)

PRELIMINARIES

Good evening. Thank you for that introduction. Very generous. This is my second time to give
lecture on LTD. The first time was about 2018. And bear with me because there are certain
developments which, maybe like for this coming bar examinations, specially with respect to who
may apply for Original Registration of Lands, noh.
● The last time that I taught Land, Titles and Deeds last year, we were not able to cover this
though this decision was handed down sometime February 2022, and they have already
applied the Republic Act 11573. So, later on, I will delve much on this case. But let us first
review certain principles that have been, that we have already studied in the past.

TORRENS SYSTEM OF REGISTRATION

● Torrens Systems of Registration was meant to simplify the titling of the land.
○ Under the old system, there is no such thing as registration of titles
○ The sale would be effected by a conveyance, depending for its validity, depending on
validity apart from intrinsic flaws of that Deed of Sale, on the correctness of long, series
of prior deeds, etc.
○ The proof of ownership in the past would be a series of deeds and wills. There is no
registration.

● Now, with the Torrens System of Registration, the government certifies that a person is the
owner of this property.
○ The title that is issued pursuant to Torrens System is indefeasible, imprescriptible and
unassailable. Although this is not an absolute doctrine.
■ Later on, we will learn that a title may still be nullified, on ground of fraud.
○ Torrens System is named after Sir Robert Torrens from Australia, and we adopted it in,
through the introduction of the Land Registration Act.
○ Now, the 1978 Property Registration Decree. So that is the brief background of the Torrens
System.
● We file a petition for a registration of land for the issuance of the Original Certificate of Title
and once that Original Certificate of Title is issued, everything, all claims are cut-off
supposedly.
○ Because the title that is issued is indefeasible and imprescriptible.

REGALIAN DOCTRINE

● The Regalian Doctrine takes that everything is owned by the government or Jura Regalia.
○ Not only lands but all natural resources, noh, but for purposes of Land, Titles and Deeds,
our focus is only on land.

● Under the Doctrine of Jura Regalia, or Regalian Doctrine, the source of ownership is from the
government.
○ Now, this doctrine was, before the introduction of IPRA Law, we were taught that
everything initially was owned by the government.
○ But with the introduction of IPRA Law, the Indigenous Peoples’ Rights Act, where the
native title, the concept of the native title was reinforced, that concept of native title
was initially mentioned in the case of Pariño but was reinforced in Cruz vs. DENR,
wherein, even before the Spaniards came in, there was already a concept of native title.
○ That our ancestors already had private ownership of certain lands and these lands were
subsequently described as ancestral domains or ancestral lands.
■ The concept of ancestral domains or ancestral lands will be taken up later on.

● So, the Regalian Doctrine is not an absolute rule.

○ Even before the Spaniards came here was already a concept of private ownership by our
ancestors, under the concept of native title.
○ There was already private ownership of the indigenous peoples, noh, or the indigenous
cultural communities.
■ So, if you are going to make a graph: Private ownership under the native title
concept, and then outside it is the Regalian Doctrine, which is now owned by the
government.

● Under the Regalian Doctrine, the government is the one that gives out the land through grants
or sale.
○ It has the sole power doing that through the executive or through the enactment of laws.
● Under the 1987 Constitution, the public domain constitutes of public lands, mineral lands,
forest lands, agricultural lands, and lands for national parks, but, among all these lands, only
agricultural lands may be alienated or disposed by the government.
○ Only agricultural lands.
○ The forest lands, the mineral lands, the national parks, can never be appropriated for
private ownership.
○ If these lands - forest, mineral, national parks, are, by certain circumstances, are titled,
the titles are void. And even the concept of innocent purchaser in good faith will not lie.
■ What do I mean by that?
■ If the forest land, was, by sheer luck, was titled under the name of a person and then
he sells it to another, let’s say, to B, and then B sold it to C, and to X. X cannot claim
that he is an innocent purchaser, and for that, still, the government can recover the
property, ok. Because it is a forest land.
■ The act, the process of recovering it is what we call a Petition for Reversion by the
government. The government is not estopped from recovering it.

ORIGINAL REGISTRATION (PD 1529)

Now, let us now focus to agricultural land, which is the land that could be a subject of
appropriation, for private appropriation.

Who may apply for Original Registration?

● In the past, I have lectured to you that this is governed by Section 14(1), (2), (3), (4) of PD
1529.
○ Section 14, number 1, states that all persons, who are in possession and the possession
is open, continuous, exclusive and notorious before June 12, 1945, may already apply
for registration once the land is declared inalienable and disposable.
○ Based on jurisprudence that we have learned, 14(1) says that even if the subject land
has not been declared yet alienable and disposable, if it is an agricultural land, and
the same has already been possessed and occupied by a person since June 12, 1945,
and continuously thereafter.
■ Once that land is declared alienable and disposable, the person may already file
the following day, he may already file a petition for Original Registration.
 ○ That is what we have learned, isn’t it?
■ It is not important that the land should be declared first as alienable and
disposable, and that the period of possession and occupation will start from there.
NO!
○ What we have learned in the past is that, it is not necessary under 14(1) that the
possession must start from the time that it was declared alienable and disposable.
○ It is only required that possession and occupation has started before June 12,
1945.
■ And immediately thereafter, the land is declared alienable and disposable, the
following day you can already file a Petition for Original Registration. That is what
we have learned.

● Now, with the advent of Republic Act 11573, I think that doctrine has to be revisited, in light
of the decision that was handed down on February 15, 2022, in a case entitled Republic vs.
Pasig Rizal Co. Inc.
○ In this case, I suggest that you read the entirety of the case, because there was a long
discussion on the concept of public domain in relation, the public domain under the
Constitution, in relation to the concept of public dominion, lands of public dominion
and patrimonial lands under the Civil Code.
○ Also, there was bit change in the application of the period of prescription because of
the new law, Republic Act 11573.

● Now, going back to 14(1), if I may reiterate, the possession of or occupation as required
under that law, should be before June 12, 1945.
● But under 11573, it is only required that possession should be continuous for 20 years.
○ There is no more reference to June 12, 1945, based on the amendment. However, there is
no clear statement in that decision whether, as declared in the past jurisprudence, that,
possession, for 20 years, must be done or must be completed after the land is declared
inalienable and disposable.
○ Unlike before, the jurisprudence says that, even if the land, the agricultural land has not
been declared alienable and disposable, for as long as you already have the possession
thereof before June 12, 1945, the moment it is declared alienable and disposable, you
can already file a petition, a day after.
● In the recent jurisprudence, there is no repetition of that doctrine. So, it may be concluded
that there is no longer, well, I have yet to make a final conclusion on that.
○ But, from the readings of Section 14(1), as amended by 11573, it appears that you only
need to comply with the 20-year period after it is declared inalienable and disposable.

And the amendment did not only cover Section 14(1) but likewise Section 14(2).
● Remember, the Section 14(2) talks of prescription as a mode of acquisition and it makes
reference to the provisions of the Civil Code.
○ If you are in good faith, you can file for a Petition for Original Certification after
possession in good faith, just title, after 10 years.
○ In bad faith, after 30 years.

● The decision in Republic vs Pasig Rizal Co., Inc., seems to suggest that, or we have to
revisit it again.
○ Seems to me, just as far as I’m concerned, 20 years is the prescriptive period possession.
○ If I’m going to change my position, I’m going to tell you write and have it distributed to
you.

Because under RA 11573, it has somehow clarified a lot of things.

● In the past jurisprudence, there’s so many requirements, changing requirements, insofar
as the evidence needed to prove that a land is alienable and disposable; however, under
11573, the law itself has already listed down what are the pieces of evidence needed.

RA 11573 Section 6. Section 14 of Presidential Decree No. 1529 is hereby amended to read
as follows:

“SECTION 14. Who may apply. The following persons may file at any time, in the proper
Regional Trial Court in the province where the land is located, an application for registration of
title to land, not exceeding twelve (12) hectares, whether personally or through their duly
authorized representatives:
(1) Those who by themselves or through their predecessors-in-interest have been in open,
continuous, exclusive and notorious possession and occupation of alienable and
disposable lands of the public domain not covered by existing certificates of title or
patents under a bona fide claim of ownership for at least twenty (20) years immediately
preceding the filing of the application for confirmation of title except when prevented
 by war or force majeure. They shall be conclusively presumed to have performed all the
conditions essential to a Government grant and shall be entitled to a certificate of title
under this section

(2) Those who have acquired ownership of private lands or abandoned riverbeds by right of
accession or accretion under the provisions of existing laws.

(3) Those who have acquired ownership of land in any other manner provided for by law.

“Where the land is owned in common, all the co-owners shall file the application jointly.

“Where the land has been sold under pacto de retro, the vendor a retro may file an application
for the original registration of the land: Provided, however, That should the period for
redemption expire during the pendency of the registration proceedings and ownership to the
property consolidated in the vendee a retro, the latter shall be substituted for the applicant
and may continue the proceedings.

“A trustee on behalf of the principal may apply for original registration of any land held in trust
by the trustee, unless prohibited by the instrument creating the trust.”

● If you are going to go back to the original 14(1) and 14(2);

○ 14(1) says possession must have started before June 12, 1945;
○ 14(2) says prescription as provided under applicable laws, like in the Civil Code.
● Here, as amended, you can no longer see those provisions. So, based on this amended and
updated law, it seems that possession is only for 20 years.

Section 5. Section 48 of Commonwealth Act No. 141, as amended, is hereby further amended to
read as follows:

“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 confirmation of their claims and the issuance of
a certificate of title to land not exceeding twelve (12) hectares:
(a) Those who by themselves or through their predecessors-in-interest have been in
 open, continuous, exclusive, and notorious possession and occupation of alienable
and disposable agricultural lands of the public domain, under a bona fide claim of
ownership, for at least twenty (20) years immediately preceding the filing of the
application for confirmation of title except when prevented by war or force
majeure. They shall be conclusively presumed to have performed all the conditions
essential to a Government grant and shall be entitled to a certificate of title under
the provisions of this Chapter.

(b) Those who have acquired ownership of private lands or abandoned riverbeds by
right of accession or accretion under the provision of existing laws; and

(c) Those who have acquired ownership of land in any other manner provided by law.

● The same. Now. What is the impact of that?

○ It would seem that several jurisprudence in the past may no longer be applicable
insofar as the length of prescription is concerned, as well as the required
commencement of possession in Section 14(1).

● Now, as I’ve earlier mentioned, the jurisprudence that we have been studying in the past
have given us bits and pieces of evidence that are necessary in order that the court may
be convinced that a land has been declared alienable and disposable
○ However, 11573 had made it easy for us by listing down what are these pieces of
evidence that should be presented.

Section 7. Proof that the Land is Alienable and Disposable.

For purposes of judicial confirmation of imperfect titles filed under Presidential Decree No.
1529, a duly signed certification by a duly designated DENR geodetic engineer that the land is
part of alienable and disposable agricultural lands of the public domain is sufficient proof that
the land is alienable. Said certification shall be imprinted in the approved survey plan
submitted by the applicant in the land registration court. The imprinted certification in the
plan shall contain a sworn statement by the geodetic engineer that the land is within the
alienable and disposable lands of the public domain and shall state the applicable Forestry
Administrative Order, DENR Administrative Order, Executive Order, Proclamations and the Land
Classification Project Map Number covering the subject land.
Should there be no available copy of the Forestry Administrative Order, Executive Order or
Proclamation, it is sufficient that the Lad Classification (LC) Map Number, Project Number, and
date of release indicated in the land classification map be stated in the sworn statement
declaring that said land classification map is existing in the inventory of LC Map records of the
National Mapping and Resource Information Authority (NAMRIA) and is being used by the DENR
as land classification map.

● Take note of this class ha. These are the pieces of evidence that would prove the property,
a land in particular, has been declared alienable and disposable.
○ Section 7. Proof that the Land is Alienable and Disposable
■ For purposes of judicial confirmation of imperfect titles filed under
Presidential Decree No. 1529:
1. A duly signed certification by a duly designated DENR geodetic
engineer
● Not just any geodetic engineer nor private but a duly
designated DENR geodetic engineer
2. That the land is part of alienable and disposable agricultural lands
of the public domain is sufficient proof that the land is alienable.
3. Said certification shall be imprinted in the approved survey plan
submitted by the applicant in the land registration court.
4. The imprinted certification in the plan shall contain a sworn
statement by the geodetic engineer that the land is within the
alienable and disposable lands of the public domain and shall state
the applicable Forestry Administrative Order, DENR Administrative
Order, Executive Order, Proclamations and the Land Classification
Project Map Number covering the subject land.
■ Should there be no available copy of the Forestry Administrative Order,
Executive Order or Proclamation
● It is sufficient that the Lad Classification (LC) Map Number, Project
Number, and date of release indicated in the land classification map
be stated in the sworn statement declaring that said land
classification map is existing in the inventory of LC Map records of
the National Mapping and Resource Information Authority (NAMRIA)
and is being used by the DENR as land classification map.
● No more. Nilista na nila ha. Clear tayo. Now, let’s go back to Section 2, alright.
Who may apply?
● Yung citizenship requirement.
● Section 44 is already amended and is further amended to read as follows:

Section 2. Section 44 of Commonwealth Act No. 141, as amended by Republic Act No. 6940, is
hereby further amended to read as follows:
“SEC. 44. Any natural-born citizen of the Philippines who is not the owner of more
than twelve (12) hectares of land, and who, for at least twenty (20) years prior to
the filing of an application for agricultural free patent, has continuously occupied
and cultivated, either personally or through a predecessor-in-interest, a tract or
tracts of alienable and disposable agricultural public lands subject to disposition,
and who shall have paid the real estate tax thereon shall be entitled, under the
provisions of this Chapter, to have a free patent issued for such tract or tracts of
such land not to exceed twelve (12) hectares.”

This is for patents. This is not for Original Registration of land. This is for the application of Free
Patent.

Now, how about the requirement for, the citizenship requirement for, under Article 14(1), as it is
now read into RA 11573?
● Who may apply?
○ Natural born citizen.
● May a corporation apply?
○ In the case of Iglesia ni Cristo, it depends, noh. If the corporation purchased the
property or purchased the land from someone who already completed all the
requirements in order that land may be considered already as under private
ownership, meaning, he has already complied with all the requirements, then the
corporation may file a Petition for Original Registration.
○ By jurisprudence, that has been allowed.
○ However, if the corporation bought it but still has to continue to complete the
requirements of the law, it cannot.
■ It has to buy it from someone who has already completed all the
requirements of the law, so that it can be considered as if he has already
bought a land that is already private in nature.
I urgently request you to read thru the case of Republic vs Pasig Rizal Company Inc., because
there are so many explanations and clarifications made by Justice Caguioa in that case.
● But ultimately in the decision, it says that the issue of prescription has already been
amended by 11573. And 11573, it is retroactive.
● In the end of that decision, the Supreme Court has laid down the guidelines for the
application of 11573.

DECREE OF REGISTRATION

What is this Decree of Registration?

● The Decree of Registration, for us to understand, is a decree that is issued by the LRA, by
the Commissioner of the LRA upon the order of the Court.
○ Before the Decree of Registration is issued, there must be a final order.

● There is a process since a Petition for Original Registration is in rem.

○ The requirement is that the order of the court finding that the petition is sufficient
in form and substance, will have to be published, will have to be mailed through
the occupants, the adjoining lands, the occupants of the land, the owners of the
adjoining land as well as the proper government agencies, the Office of the
Solicitor General, LRA and other government agencies which are affected by the
registration and there’s going to be a specific date in that order.
○ That order will have to be published, so that date as published is the crucial date
of hearing because everyone is invited to file a comment or oppose the petition.

● During that date, everyone will have to be called by the court and there’s going to be a
declaration in open court who might be minded to file an opposition or comment.
○ If there is no one, there’s going to be a declaration of general default.
○ If there someone who has already filed an opposition or comment that a person will
not be in default but the rest will be considered in default and therefore, there is
going to be a special order of default.
■ That order of default is necessary for the purposes of jurisdiction of the
court.
■ Well, the publication, notice, mailing of notice of posting of these notices
and orders, publication of the order is also necessary for the acquisition of
jurisdiction by the court.
● Now there’s going to be a hearing
○ If the petition is granted and it becomes final, it is at this point that the judge will
issue an order, directing the LRA to issue a Decree of Registration, as well as the
Original Certificate of Title.
○ The Decree of Registration, is issued upon a final decision of the court, granting
the registration of the land.

● While the case is pending in court, what we are using is the Rules of Court
○ So, meron pang MR, merong Motion for Release from Judgment, yung mga
remedies dun. Pwedeng appel.
○ But once it becomes final, decision na, final decision na di ba?
■ Final na yung decision, meron nang order ng court directing the LRA, to
issue a Decree of Registration, as well as the Original Certificate of Title,
does that mean that there is no more remedy for someone who may be
prejudiced by the decision?
■ Well, under the Rules of Court, there is no remedy. But under PD 1529,
there is a remedy.
● Which is a Petition for Review of the Decree of Registration. Hindi
yung Review of the Decision of the RTC but that Decree of
Registration. And it must be filed within a period of 1 year from the
entry of that Decree of Registration.

● Ano yung entry of the Decree Registration?

○ It is just that once the Decree of Registration is completed, they’re going to enter
it in their registry.
○ The date of Decree, the date of entry in that registry before the LRA, you count
one year from that. Within that period of 1 year, you can file a Petition for Review.

● Now, what if after 1 year, wala ka pang nagawa? Can you still have a remedy?
○ Yes, if it is tainted with fraud, noh, or mistake.
○ This fraud must not be intrinsic but extrinsic fraud, noh.

● What is this remedy?

○ Remedy is a complaint for reconveyance.
● What if the one prejudiced is the government? What is the remedy of the government?
○ A Petition for Reversion.

● What is this Petition for Reversion? Why is it not reconveyance?

○ Because it is being reverted back to the state, to the government.
■ Especially so, if the subject land is a forest land, mineral land, or a national
park, which cannot be registered.
● As I’ve said earlier on, these lands of public domains that cannot be registered, may be
recovered at any time and can be recovered from anyone. Even if it has been sold,
donated, assigned, several times already.
○ Unlike if the property is a private property, meaning, under private ownership, the
rule is that if an innocent purchaser for value comes into the picture, he is
protected.
■ Such that, if there is a forgery committed by B, in order that the property
of A will be transferred to him, the title of B is void because it is a fruit of
forged document.
■ But if B sells it to C who is not aware of what B had done in order to acquire
that property, and C bought it from B for value, then C is an innocent
purchaser and for value, and he is protected. Now, the title of C can no
longer be assailed. Kasi, private yung property.
○ If it is an unregistered land, yung non-registrable land ang pinag-uusapan natin,
hindi papasok yung innocent purchaser and for value doctrine ha. Napa-titulluhan
mo yung forest, hindi mo dapat patituluhan yun eh, dapat ibalik yun, ibalik yan sa
gobyerno.
■ Otherwise, madaming kalokohan ang mangyayare, ‘di ba?
○ Pero pag pag-aari ko na yung property, it’s already a private property. And then, my
co-host here, Mr. Cruz, forged a document and transferred it because I was absent,
and he transferred it under his name, I can easily recover the title under his name
because it is still void.
■ Because the source of the title si through a forgery, you know, illegal.
■ But if he transfer it to one of you here, who is innocent for what he did, and
you bought it for value, you are protected by that doctrine of innocent
purchaser.
Now, I would like to also discuss yung Double Registration at saka Double Sale. Do you know the
distinction between the two?
● Double Registration, there are two registrations.
○ May Original Registration.
■ Ex: A and B, at different times, filed a Petition for Original Registration,
both of them were successful in getting titles. So, Original Certificate of
Title ang na-issue sa kanila. So, there is Double Registration in that respect.
○ The rule is that the first one who got the title, is always the one protected. What
does that mean?
■ It means that the second one who got the title or the second registrant,
even if he transmits it to an innocent purchaser and for value, that
assignee, that donee, or that purchaser cannot be protected.
■ It is always the first one who got the property registered under his name. Of
course, walang element of fraud, ‘di ba? Dapat walang element of fraud.
So, that is Double Registration. Palaging protected ang first registration,
which is different from double sale.

● Double Sale, there is only one title but it is sold to two persons
○ And you have that in your property
○ Double Sale, effect of Double Sale. First registrant in good faith
■ I will not discuss more on the Double Sale because it is discussed by
Property and I believe, in Obligations and Contracts. Ok. Alright.

NATIONALITY RESTRICTIONS ON LAND OWNERSHIP

Let us now go to Nationality Restrictions on Land Ownership.

● Who can own land in the Philippines?

○ Filipinos.
○ Naturalized Filipino? Yes.

● May a Filipino who has become a foreigner, own or may still purchase a parcel of land
in the Philippines? Yes, but this is limited.
○ I think if it is in urban land, it is limited to how many square meters? And if it is
rural lands, it is limited in hectares, I think, 3 hectares only.
 ● Dual citizens? May they acquire lands?
○ Of course, same as naturalized Filipinos.

● Foreigner but has never been a Filipino? May a foreigner that has never been a
Filipino, still acquire in any of the modes in acquiring in the Philippines? May they
acquire? Yes.
○ Under what circumstances? By inheritance.
○ Paano mangyari un Atty., foreigner sya, never syang naging Filipino pero
mag-iinherit sya?
■ Oh, marami naman pala satin nun ‘di ba? Yung Filipinos, yung couple na
Filipinos pumunta sa Amerika, naging American citizen sila, tapos
nagka-anak sila. At the time na pinanganak, ‘di ba, they are already
Americans. So their children can never be Filipinos.
■ Tama? Their children are not Filipinos unless one of them is a Filipino at the
time of birth, then, pwede pa sya. Pero kung both of the parents are
already American citizens at the time that he was born, he was already, for
example, he stays in America, he’s already an American.
● But if these parents have properties in the Philippines, that child
may still inherit from the Filipino parents although he is already an
American and never been a Filipino. By inheritance.

Can these citizens apply for Original Certificate of Title? Can they apply?
● For example, that a naturalized Filipino and eventually he bought a property that is
not yet titled, can he apply thereafter if he has already completed the requirements?
Yes.

● A dual citizen? Yes.

● A foreigner who has inherited the land which has not been titled under the name of
the parents but the parents had acquired it and already complied with all the
requirements under the law? Can he apply for Original Certificate of Title?
○ Yes. Even if it appears that he is a foreigner because he inherited it, ‘di ba? By
inheritance. Otherwise, deprived sya ng inheritance nya.
Going back to classifications of lands.
● You know that we have 3 Constitutions, 1935, 1973, and 1987.
○ Land of Public Domains pabago bago.
■ From three classifications, it became eleven, then back to three or four.
● Land of Public Domains, from forest land, mineral, agricultural, land for national
development under 1987 Constitution.
○ Among these, only the agricultural land may be disposed

● An agricultural land, once already classified as such and already acquired by prviate
ownership, may still be reclassified, residential, industrial, commercial
○ These agricultural and residential may still be converted, agricultural to industrial,
■ Agricultural to industrial, agricultural to residential, agricultural to
commercial
○ May conversion sila. It’s for you to understand as to how come we still have those
classifications.

First question (Q&A): The law speaks of open, continuous, exclusive, notorious possession under
Section 14, paragraph 1, what are acts that seem to interrupt this possession but is in fact not
considered as an interruption?
● Answer: The only interruption that can be considered legally is when there is a case filed
against the possessor and a summon was received by the occupant and possessor, other
than those, all other interruptions will not be considered.
○ Only when there is a case.
○ The concept of possession is different from possess it from someone, like for
example, you have a kasama or a tenant leasing from you. Of course, a tenant
cannot claim adverse possession because there is a contract of lease.

CERTIFICATE OF TITLE

What is a Certificate of Title?

● It’s a certification coming from the Register of Deeds stating this property, this land, with
the property description, with area, and is owned by, registered in the name of.
● At the lower part is the address of the owner, and in the lower right the name of the
Register of Deeds.
● At the back the liens and encumbrances.
● Nonetheless, what is important is the nature of the Certificate of Title, that is
indefeasible, imprescriptible, indefeasible because it cannot be assailed, imprescriptible,
as long as anyone cannot claim against you because you are the title owner.
○ It cannot be taken from you under the impression that someone has already
possession.
○ Kahit 10 or 20 years kang wala, you can be rest assured and sleep that your title is
protected.
■ The title binds the land and is conclusive against the whole world. Against
anyone.
■ It is imprescriptible, indefeasible, and incontrovertible after one year from
decree of registration.
■ Whether the title is issued through judicial or administrative proceedings,
the title shall be both indefeasible and imprescriptible

● At the back of the title, you will see memoranda or encumbrances and liens.
● Does that mean that once the lien or encumbrance is annotated in the back, there is a
presumption that all of these are valid annotation?
○ No, you have to go through the document itself if it is validly entered or annotated.
The registration or annotations of encumbrances are not proof of the contents of
what was annotated on the back.
○ Pwedeng mali.
■ Ex: Deed of Real Estate Mortgage in favor of Mr X in the amount of Php 10M,
executed buying and so and so, in favor of so and so. Date of inscription,
date of document, does that mean that the amount to secure the property
was 10 million?
● No. You have to look on the mortgage itself to look into it. It only
means that there was a registration but not the proof of contents
○ In order to verify the contents, you have to look into the
document that was annotated, not the annotation itself.
● It may appear that it’s Php1M when it's 10M.

● If there are two Original Certificates were issued, the first will prevail, irrespective of the
transfer.
○ Innocent purchaser for value will not apply if there is someone who purchased from
second registrant.
 ● Tax declaration.
○ For every type of property, there is a tax corresponding declaration.
○ Sometimes in the tax declaration, the registered owner under the tax declaration is
different from the registered owner under the certificate of title.
○ So, if there is a discrepancy between the two certificates, which should prevail?
■ Of course, the certificate of title and not the tax declaration.

What is the advantage of having a Certificate of Title?

● It is because If you have a title, anyone who might be minded to transact with you need
not go beyond the title.
○ They only have to examine the title or the back of the title.
○ If there are any encumbrances or liens therein, and they are not bound by other
transactions which are not reflected in the title.
● If a person buys a property, he is only bound by what appears to be annotated or
registered in the title and no more no less. That is the principle of Mirror doctrine or the
Curtain principle, one need not go beyond the face of the title.
● But of course, for the purposes of determining the good faith or bad faith.
○ A person who's buying a property will normally examine the property.
■ The fact that the property is occupied by someone, you cannot find that in
the title itself diba? Possible lang na kung vacant ung property, okay. Pero
pag may bahay, may building kung bibili ka titignan mo kung sino ung
occupant and nature ng kanyang occupancy. Baka lessee lang sya.
■ Pano pag adverse ang possession? Buyer na pala sya, hindi naman niya or
buyer na pala ung occupant, hindi niya lang narerehistro ung kanyang titulo.
But you cannot see that in the title itself.
● But as a buyer, for purposes of determining if you are a buyer in good
faith and for value, you need to examine the possessor of the
property.

Now, we have been telling ourselves that the title to the property certificate of title is indivisible,
imprescriptible, unassailable, incontrovertible.
● Parang very strong words insofar as the integrity of the title itself. But this title does not
foreclose an action to test its validity.
● It does not necessarily mean na hindi mo na sya pwede ipanullify or ipavoid if it is
attended with fraud.
 ○ For example, pag original certificate of title, there was a fraud committed by the
one who prevailed the original certificate in the registration. And the actual owner
who has been in possession was deprived, you know, because of certain
machinations, ano? External frauds committed by the registrant.
○ As I have told you, the real owner who was prejudice may still file an action for the
reconveyance diba?
■ If there was fraud, registration cannot be used as a shield in the commission
of fraud.
■ The Torrens title does not furnish a shield for fraud. Title that should based
on void documents may be annulled.
○ Pag sinabing indivisible, incontrovertible and unassailable, imprescriptible. That is
subject to the condition that there is no attendance of fraud in securing the title.

When is the Original Certificate of Title issued?

● It is issued after the decision granting the registration becomes final.
○ If it has become final, the court will then direct the Commission on Land
Registration Authority to issue the appropriate decree of registration and the
original certificate of title.
■ Dun ginagawa yun sa Quezon City.
○ Now the original, the decree of registration is the same as the original certificate
of title
■ It’s just that the decree of registration remains with the LRA.
■ The original certificate of title together with the owners duplicate copy are
sent to the appropriate Register of Deeds for entry in their primary entry
book, as well as for giving the owners duplicate copy to the owner.
○ Of course, the owner's duplicate copy should be the same in all aspects, as the
original certificate of title. Hindi pwedeng magkamali.
■ Hindi pwedeng magdeviate kaya nga noon lahat may carbon copy, ngayon
hindi na computerized na. Print nalang no.

How do you examine annotations and liens at the back of the title?
● In the past you will, when there is digitalization yet, you can easily see the encumbrances
at the back.
○ But now because it's computerized, there are, as I have examined there are some
annotations that can be easily seen at the back of the title.
 ○ But in the footnote notes, you have to check also the footnotes.
● The certificate of title for any voluntary transactions have to be surrendered. Voluntary
transactions or voluntary title. These owners' duplicate copies have to be surrendered for
them for any voluntary billing to be successfully registered.
○ Pag hindi mo binigay ang owners duplicate copy, hindi irerehistro kung ano man.

What is an example of voluntary dealing?

● Deed of sale, transfer of ownership, if you present only the deed of absolute sale and you
are not able to surrender the copy of the owner's duplicate.
● The Register of Deeds will not cancel the title and issue a new one in favor of the buyer.

Who is entitled to possession of the registered owner of the certificate of title?

● Of course, the registered owner is the one, who is entitled to possession.
● As I earlier said, the liens and encumbrances are listed at the back of the title, diba?
○ These liens and encumbrances may either be involuntary or voluntary.
● For voluntary dealings, what are normally seen at the back would be those transactions
that are less of transfer of ownership.
○ Why, because if there's going to be a complete transfer of ownership.
○ The title will have to be transferor, either to a seller or a donor or an assign or, his
title will have to be canceled.
■ A new one will be issued in favor of the transferee.
■ But if the transaction is less than a transfer of ownership, say a contract of
lease, a deed of mortgage.
● These are less than transfer of ownership and therefore may only be
registered by way of annotation at the back of the title of the
owner.

But then, are these the only liens that affect the title?
● No, there are some liens which we call under the law statutory liens.
● Statutory liens because even if these are not clearly annotated at the back of the title, by
law, kaya nga tinawag na statutory, by law these are considered liens. And what are these?
1. Liens, claims or rights arising or existing under the laws and Constitution of the
Philippines which are not by law required to appear of record in the Registry of
Deeds in order to be valid against subsequent purchasers or encumbrancers of
record.
2. Unpaid real estate taxes levied and assessed within two years immediately
preceding the acquisition of any right over the land by an innocent purchaser for
 value, without prejudice to the right of the government to collect taxes payable
before that period from the delinquent taxpayer alone.
3. Any public highway or private way established or recognized by law, or any
government irrigation canal or lateral thereof, if the certificate of title does not
state that the boundaries of such highway or irrigation canal or lateral thereof have
been determined.
4. Any disposition of the property or limitation on the use thereof by virtue of, or
pursuant to, Presidential Decree No. 27 or any other law or regulations on agrarian
reform

Section 44 of PD 1529

Section 44. Statutory liens affecting title. Every registered owner receiving a certificate of
title in pursuance of a decree of registration, and every subsequent purchaser of registered
land taking a certificate of title for value and in good faith, shall hold the same free from all
encumbrances except those noted in said certificate and any of the following encumbrances
which may be subsisting, namely:

First. Liens, claims or rights arising or existing under the laws and Constitution of the
Philippines which are not by law required to appear of record in the Registry of Deeds in order
to be valid against subsequent purchasers or encumbrancers of record.

Second. Unpaid real estate taxes levied and assessed within two years immediately preceding
the acquisition of any right over the land by an innocent purchaser for value, without
prejudice to the right of the government to collect taxes payable before that period from the
delinquent taxpayer alone.

Third. Any public highway or private way established or recognized by law, or any government
irrigation canal or lateral thereof, if the certificate of title does not state that the boundaries
of such highway or irrigation canal or lateral thereof have been determined.

Fourth. Any disposition of the property or limitation on the use thereof by virtue of, or
pursuant to, Presidential Decree No. 27 or any other law or regulations on agrarian reform.

● Yung 2-year real property unpaid taxes before the transfer to another owner constitute a
lien to the property.
 ○ The rest for example, 10 years. So meron kang 8 years na sisingilin dun sa mismong
registered owner, bago pa niya itransferred sa bagong owner.
○ Public highways or private ways established or recognized by law or any
government irrigation canal or lateral draw.
■ So if for your property is, maraming properties na natatamaan ng highway
private way. These are automatically considered as an incumbrance or
encumbrance on the property
● And also if your property may be subject to the agrarian reform, you
know, PD 27 and all of its amendments and updated loss. Your
property, though, appears to be clear and untarnished or without any
liens. This is subject to PD 27, meaning that the Department of
Agrarian Reform may be able to take your property and distribute it
to the tenants and issue a CLOA in favor of the tenants diba? So, this
you cannot see in the title itself, but these are all considered as
statutory liens.

What can you see in the title?

● You will see there that the owner is of legal age, and if the property is conjugal, you will
see that the owner is described as spouses A and B.
○ But if the property is described as the owner of the property is described as A
married to B, there's a possibility that the property is either a capital property of
the husband or a paraphernal property of the wife.
■ Because “married to” may merely mean a description of the real owner
who, in this case A. But if there's proof that this was acquired during the
marriage. Then the presumption is that this is an absolute community or in
the past conjugal property.

● As I've said, a registered land is not subject to prescription.

○ Prescription, meaning that no title or to registered land in the regulation of title
of the registered owner shall be acquired by prescription or adverse possession.
■ Thus, even if you are an absentee owner and someone has been occupying
your property for 10 years, 20 years. That person cannot execute an
affidavit and even file an affidavit of adverse claim saying that I have been
in possession of the property, continues to be open, open, notorious and
exclusive and therefore I'm the owner.
■ No, that cannot be possible because the title is already imprescriptible.
A certificate of title cannot be subject to a collateral attack.
● If you are going to attack, it should be direct, meaning the complaint must be directed
specifically for the purpose of attacking and for the purpose of declaring the title as null
and void or a nullity.
● You cannot attack a title as a side issue in a case. You call that collateral attack.
○ You cannot properly pray that the title be declared void, or a nullity as a side issue
in a case.
● The proper process would be to file a petition purposely for the declaration of nullity of a
title or to have it declared null and void.
● Now, can that be done by way of a counterclaim?
○ Yes. The counterclaim attacking the title of the plaintiff may be considered as a
direct attack. Unless, for example, in a contract of lease, there is provision that
the lessee cannot attack the title of the lessor.
● An action is deemed to be an attack on title when the object of the action or proceeding
is to nullify the title and thus challenge the judgment pursuant to which the title was
decreed It is direct when the object of the action is to annul and set aside such judgment.
○ On the other hand, it is collateral when in an action to gain different relief, an
attack on the judgment is nevertheless made as an incident. Incidental lang, that’s
collateral.

SUBSEQUENT REGISTRATION

Once the title has been issued, the original certificate title has already been issued. Original siya.
● Unang una siya, then subsequent to that, there are other registrations diba?
● These registrations may either be classified as voluntary registration or involuntary
registration. Voluntary dealings or involuntary dealings.

1. VOLUNTARY DEALINGS
● Mga conveyances or conveyances like Deed of Sale or Deed of donation.
○ That is an example of voluntary dealings.
■ Mortgage is a voluntary dealing. Lease is a voluntary dealing. Or anything
where the parties have agreed voluntarily on a contract over the property.
○ The list is just, in section 51 and only refers to conveyance, mortgage and lease.
○ But it also says other or other charges or otherwise deal with the same in
accordance with existing law.
 ■ Kasi maraming pwedeng dealings with the real property. But of course, a
dealing may be a transfer of ownership, Like a deed of sale or a deed of
conveyance. If that is the dealing, there is a need to cancel the title of the
owner and a new one will be issued in the name of the new owner, buyer or
donor.
■ Any dealing, any voluntary dealing less than transferable ownership. We
only have to be registered by way of annotation in the back/ Such as,
mortgage, lease and other voluntary contracts entered into by the parties.

● In all of these voluntary dealings, there is a need to submit, surrender the owners
duplicate copy.
○ If the owner's duplicate copy is not surrendered, then there can be no transfer of
ownership.
○ If the owners duplicate copy is loss, the remedy is to file first a petition for
issuance of new owners duplicate copy.

Missing original copy with the register of deeds.

● The remedy is to file a petition for reconstitution of that copy of the register of deeds.
And you will use as evidence your owner's duplicate copy.
● This was a question in the last bar exams.
● What was used is only the photocopy of the owner's duplicate copy for purposes of
reconstituting the copy of the register of deeds.
○ The ruling, because this is a case law, the ruling is that it is not proper to use only
the owners duplicate copy, only the photocopy of the owners duplicate copy.

● Later on we will look into reconstitution. What are the necessary pieces of evidence for
reconstitution?
○ Because note there are two copies of owners duplicate copy and the copy of the
register of deeds.
○ If the owner's duplicate copy is loss, you only have to get or you only have to
request from the register of deeds, a certified true copy of the register of deeds
copy.
● But what is lost is the register of deeds copy. How are you going to reconstitute that?
○ You need to prove your owner's duplicate copy. But as I told you, these owners'
duplicate copy must be the original and not just the photocopy if you are going to
file a petition for reconstitution and use the same as your evidence.
 ● Section 51 says an owner of registered land, may convey, mortgage, lease, charge or
otherwise deal with the same in accordance with existing laws.
○ Alam niyo, itong conveyance, mortgage, lease or charge, this listing of voluntary
dealings over the property would have different requirements for validity.

● Kasi may mga forms diba ang contracts, alam niyo yan. Deed of donations ano ung form na
required for purpose of validity?
○ The donation, as well as the acceptance of the donation, must be in a public
instrument, for purposes of validity.In other words, kapag hindi siya nanotarize ung
donation saka ung acceptance hindi siya marerehistiro. Requirement ng law yan.
Basic.

Must the Deed of sale be in writing in order that it may be valid?

● The answer is No. It may be oral.
○ Kasi consensual lang naman to eh. Maraming ka witness eh binenta sayo binigay mo
ung pambili, ayaw nia na later on.
○ Ano remedy mo? Valid ung contract, pero wala kang deed of sale document, ano
remedy mo? You go to court and file a specific performance for the seller to
execute a proper deed of sale in your favor, hindi yun void. May remedy ka dun.

Deed of mortgage
● It has to be in writing.
● Does it have to be notarized?
○ Yes, because it has to be registered in the Registered of Deeds.
○ Requirement for the validity of mortgage is it has to be registered with the
Registery of Deeds.

Contract of lease, beyond one year.

● Consensual lang naman un ha.
● Must it be in a written form? Not necessarily.
● But wala kaming dokumentong pinaguusapan, dokumento pinagpipirmahan ang pinagsasabi
mo?
○ No, there is still a remedy. You go to court, and prove to the court that there was
such a transaction.
○ Now, ano importansya non?
■ Well, if you already have the document then you can have it registered with
the Register of deeds. These are voluntary.
 ■ The Deed of absolute sale comes the time that the seller would not, after
having received all the money, will not deliver to you the title. Ano remedy
mo? Baka mabenta pa niya sa iba. Adverse claim ka or you file a petition for
delivery of the title.

Why am I delving into the forms of this contracts?

● Although all of these contracts are all voluntary. Kasi, it doesn’t mean that they have the
same requirements for validity and enforcement, iba iba sila.
○ But what is common between and among all of these voluntary dealing as listed in
the law as conveyance, mortgage, lease or other charge or any deal with the
property in accordance with existing laws is that the owners duplicate copy in
order that these voluntarily dealings may be properly registered is that the owners
duplicate copy must be delivered.

What is the purpose of the registration?

● It serves as a constructive notice to the whole world. Anything that is recorded, annotated
or registered at the back of the title serves as a constructive notice to the whole world.
○ So that anyone who might be minded to deal with the property is properly occupied
all of these in encumbrances and liens and it takes it knowing the risks.
● Section 52 says, every conveyance, mortgage, lien, lease, attachment, order, judgement,
instrument or entry affecting registered land shall if registered, filed or entered in the
office of the register of deeds of the province, be constructive notice to all persons from
the time of such registering, filing or entering.
● If despite the annotation, a person still deals with the property, knowing all of those in
encumbrances and Iiens, may he be considered as an innocent purchaser and for value?
○ No, because he is already informed of all of these annotations at the back of the
title

2. INVOLUNTARY DEALINGS
● If my voluntary dealings, diba nagagree kayo, may involuntary, ibig sabihin wala ka alam or
ayaw mo, involuntary nga eh. Yung owner walang alam or hindi kaya ayaw niya dun sa
kontrata na ‘yun or dun sa transaction na yun.

What are these?

● Maraming naman ang involuntary dealings, attachment, levy, however, in our outline (Bar
syllabus), it is only focused to two;
○ Adverse claim and Notice of lis pendens.
A. Adverse Claim
What is an adverse claim?
● Article 70. Gusto niyo ba i-discuss pa yung other involuntary dealings? Voluntary dealings?
○ Or let’s, diretso na tayo dun sa outline. Kasi maraming sa voluntary dealings,
lalung-lalo na sa foreclosure, sa real estate mortgage, may foreclosure,
redemption, di ba? Mahaba ‘yun eh. Let’s just focus on two involuntary dealings

Section 70 of PD 1529. Adverse claim. Whoever claims any part or interest in registered land
adverse to the registered owner, arising subsequent to the date of the original registration,
may, if no other provision is made in this Decree for registering the same, make a statement in
writing setting forth fully his alleged right or interest, and how or under whom acquired, a
reference to the number of the certificate of title of the registered owner, the name of the
registered owner, and a description of the land in which the right or interest is claimed.

● Very, very important: It means that it does not pertain to the improvements of the land,
for example, ang claim mo dun sa improvements, warehouse over the land.
● “Ako may-ari nyan, ako nagpagawa.”

Can you file an adverse claim over the land?

● No. Because you’re not claiming anything against the land. Y
● ou are claiming only an interest or right over the improvement.
○ Yan, kung mayroon kang right or interest, say for example, if the property is
supposed to be conjugal, you are an heir, ‘di ba, if this is a conjugal property of
your parents; however, the title of the property, instead of naming it under the
name of your father and your mother, your father registered it under his name
together with someone, not the wife baka ma-deprive ka ng inheritance.
● You have to prove that you are one of the heirs of your father and your mother and the
share from your father has to be, that you are entitled to it.
● You have to make a statement, stating that your father and mother are married, and that
you are their child, and that your father died, and that you are entitled to the property as
an heir, one of the heirs.
○ Mga ganun ba. it has to be sworn, so it has to be in affidavit form noh, stating yung
residence mo. What Is more important in this provision is the effectivity of an
adverse claim.
● Medyo merong confusing, if you are going to focus yourself only on the provision, Section
70 without checking the jurisprudence on the matter, you may be confused.
Why?
● Because it says that it’s only effective for a period of thirty day. That used to be our
understanding, when we were studying this but subsequently, there was a jurisprudence on
the matter, that says that even the thirty day period provided for as an effectivity of an
adverse claim, has already lapsed, the adverse claim is still valid, noh, and cannot just be
canceled by the Register Of Deeds.
● Why?
○ Because the same provision provides for the manner by which this adverse claim
will be canceled. And it provides that it can only be canceled upon the voluntary
execution of the one who caused the adverse claim, praying that the adverse claim
may now be, is now withdrawn, and may be lifted.
■ Or, by the titled owner, noh, the registered owner, upon petition in court,
that the adverse claim has no leg to stand on. And this is only meant for
purposes of harassment
○ So, there are only two modes by which it can be lifted or set aside or canceled by
the one who caused the adverse claim himself, or thru judicial order, initiated by
the registered owner. So the thirty-day period seems to be not significant anymore.

● Is the adverse claim that is registered in the title, a constructive notice to the world?
Yes.

Are all claims over the land may be registered by way of an adverse claim?
● There are instances where the Supreme Court said that no, cannot be registered as
adverse claim.
○ One, the example I have been telling you about, when an absentee owner and an
occupant, noh, the occupant-possessor has been in that property for quite some
time, say 20 years, the registered owner has been out of the country for more
than 25 years, although he is the registered owner, may the possessor-occupant
execute an affidavit and say that he has a right on the property property and have
it registered as an adverse claim?
■ The answer is no. ‘Di pwede, why? Because the title is imprescriptible, and
noh, cannot be deriviated by acquisitive, on the pretext of acquisitive
prescription by the actual occupant. Wala siyang right talaga.

○ A vendee of a parcel of land may register the deed of sale in his favor, as provided
for in Section 57 of PD 1529. But such sale may not be annotated on the vendor’s
 title as an adverse claim, under Section 44 of PD 1529, claims and liens of
whatever character against the land, prior to the issuance of the certificate of
title, except those mentioned by law as existing, are cut off by the certificate if
not noted thereon, and the certificate so issued binds the whole world.
■ Accordingly, if the purchaser is the only party who appears in the deeds and
in the titles registered in the property registry, no one except such
purchaser may be deemed by law to be the owner of the property in
question.

○ Another example would be, if for example, one of the heirs, yung dalawa lang
kayong magkapatid, and one of the heirs, one of you, executed an affidavit of
waiver of your future inheritance. It is one situation that is void ‘di ba, ‘di mo
pwedeng i-waive ang future inheritance mo ‘di ba.
■ And the other, yung brother or sister mo, because there’s already an
affidavit of waiver of inheritance, mag-execute siya, akin na lahat ‘yan,
tapos ipa-annotate niya, hindi pwede ‘yun adverse claim, noh, kasi void
‘yun, you cannot waive something which you do not own yet.

So, what are the requisites of a valid adverse claim?

The adverse claim must take the following in writing:
1. Alleged right or interest
2. How and under whom such alleged right or interest is acquired
3. The description of the land, which the right or interest is claimed. Dapat specific ka ‘dun,
hindi ka dapat magkamali - the title number, noh, the number of the certificate of title,
appears to be annotated
4. The statement must be signed and sworn to before a notary public,or any person who has
the authority to administer oath
5. The claimant must state his residence or place to which all notices may be served upon
him.

Non-compliance above may make the adverse claim ineffective. Now, may the adverse claim
be questioned?
● Yes, before the court. If you are able to show that there is no basis on that adverse claim,
that the court may determine its validity and order the cancellation of the adverse claim.
Is there a need to surrender the owner’s duplicate copy for purposes of registering an adverse
claim?
● No, there’s no need.
● Why? Kaya nga involuntary dealing eh.
○ For example, attachment, hindi mo naman alam ‘yun eh na ina-attach ‘yung
property mo. Malinis ang iyong titulo, madumi ang titulo mo na nasa Register of
Deeds. So that is why you will always have to advise your client if they are
purchasing or dealing with a property to always check with the Register of Deeds a
copy of the title, because the title of the owner may appear to be pristine and
there are no annotations. Clean, noh. But that the same property, if you are going
○ If you are going to look into the copy of the Register of Deeds, it may of the
Register of Deeds may contain several annotations like attachment, adverse claim,
levy, execution, lis pendens, noh. So, kaya careful ha.

May you be able to compel?

● Of course, compel the registered owner through court action to deliver to you a copy of
the certificate of title.
○ Aside from attachment and levy, there may also some of orders of the court
affecting the lands need to be registered. So, these are involuntary dealings.

Second Question (Q&A): What is/are available remedies when a vendor refuses to deliver to the
vendee, the owner’s duplicate certificate of title that is required for the registration of the
deed of conveyance?
● Atty: We have to file a complaint before the court for the specific performance that it
should deliver a copy of the owner’s duplicate copy to you and pray that if in case the
owner's duplicate copy can no longer be delivered to you, the the same be considered null
and void and a new copy be issued, for purposes of complying with the order of the court,
noh. That is the remedy.
● Atty: Now, it may also be, because - preliminarily so that the seller may be prevented
from immediately selling the property without your knowledge. Tactically, you may file
an adverse claim, an affidavit of adverse claim, so that any person may be notified of the
fact that the - you have a claim of the property, while you have not been able to file the
case, noh. Kasi once you've filed iit, you can file a notice of lis pendens. That is the topic
that we are about to discuss. Lis pendens.
B. Notice of Lis Pendens
● Now, we will go to lis pendens. Section 76.
○ Medyo in the negative yung statement ng notice of Lis Pendens. But I would not
read it to you anymore, I would just lecture on the purpose of Lis Pendens.
● You know already the nature of Lis Pendens.
○ It only means that there is a pending litigation involving the property, noh. Title or
possession over the property,there is pending litigation over the property. That is
the essence of Lis Pendens.
○ You have to annotate it, ha. It is an involuntary dealing.
■ So, some people may be resting in their homes, not knowing that a notice of
Lis Pendens has already been annotated on the title. Especially so if they
are in default. Akala nila ‘yung kwan nilang lupa ay tahimik na tahimik, noh,
pero meron palang kaso.

What Is the purpose of Lis Pendens?

● Primary purpose is so that the plaintiff’s right may be protected. By giving notice, to third
persons who may be purchasing or contracting the subject property.
○ And if they do so, they do so under their own peril. And that the right there too, is
subject to final result of the litigation.
● Another is that, in order that the subject property or the property subject of notice of Lis
Pendens maybe subject to the power of the court until litigation is over.
● Yan ang purpose ng Lis Pendens. But, mga kababayan baka bibilhin niyo to or gagawing
mortgage sa inyo toh, meron pong kaso ito. Iyan lang ang ibig sabihin ng notice of Lis
Pendens.

Does that mean that if there is a notice of Lis Pendens, panalo ka na? I mean, does it mean
that there was already a notice of Lis Pendens annotated at the back of title, it may appear to
me that the person was caused Lis Pendens was already winning the case?
● No. The notice is only an incident in the main case and it doesn't have anything to do with
merits of the case. Ok.

Is there a need for the presentation of the owner's duplicate copy in order that notice of Lis
Pendens be annotated?
● Answer, just like any other involuntary dealling, there is no need for the presentation of
the owner's duplicate copy.
When is the notice of Lis Pendens appropriate? When?
● If the action deals not only with the title or possession of property, but also with the use
or occupation of a property. So, if the subject of the case or if the issue in the case, of
course, the subject is the land.
● The issue is, issue of ownership, issue of possession and issue of use of the property.

So, what are these cases which may be a proper subject of Lis Pendens?
● Action for recovery of possession of real estate.
● Ano iyon? Action Publiciana, Action Reivindicatoria, Action to Quiet Title, Action to
Remove Clouds thereon, pareho naman, Action for Partition, and any kind of proceeding in
court directly affecting the title to the land or the use or occupation thereof, for the
buildings thereon.
○ In this case, kasama pati buildings. Lis pendens - the improvement. But remember,
in the adverse claim, it's only limited to title or possession or occupation over the
land.

When is a Lis Pendens canceled?

● Well, pag tapos na yung kaso or na-dismiss na case, final na, wala nang Lis Pendens.

But, can it be canceled while the case is pending? Remember, it means that there is a pending
over a case, eh pending pa ‘yung case, does it mean that the Lis Pendens has to be
maintained within that period while the case is pending?
● It does not necessarily mean that it can be maintained, it should be maintained. The law
allows the lifting or the cancellation of notice of Lis Pendens if it can be proven that the
purpose is to only molest the registered owner. If it can be proven that it is not necessary
for the protection of the one causing the Lis Pendens.
● It may also be canceled by the Register of Deeds himself upon verification of the party
who caused the registration thereof. So, ‘yan ang Lis Pendens.

Does it create a right over the property?

● Hindi po, it does not create a right over the property. Because this is just a notice to the
whole world. Now, we’re done with adverse claim and notice of Lis Pendens.
 NON-REGISTRABLE PROPERTIES

Now, we go to non-registrable properties.

Under the Constitution, the only registrable properties are the following ‘di ba:
● Agricultural lands which are declared alienable and disposable,
● Patrimonial property
● And under IPRA, ‘yung properties of the indigenous peoples or indigenous cultural
communities covered by their ancestral domains or ancestral lands.

Ancestral domains or ancestral lands’ titles, where do they register these?

● The NCIP issues the title, NCIP - National Commission on Indigenous People will issue. And
this is registered with the Register of Deeds.

When is it registered? Does it mean that the Register Of Deeds will issue a Torrens Certificate
Of Title?
● No. The registration is only for the purpose of recording, nasa NCIP pa rin.

May the indigenous people or indigenous cultural community register their ancestral land
directly to the Registry of Deeds by passing the NCIP and claim Torrens Certificate Of Title?
● Yes, by way of Petition for issuance of Original Certification, pwede din sila.
○ Of course, the clear distinction between ancestral domain, ‘yung domain may refer
to a vast tract of land including the waters therein, the rivers, the minerals,
everything, the forest.
■ Kaya nga domain, kasi it is owned by, it is under the stewardship of a tribe,
the indigenous cultural communities.
■ Ancestral land titles naman, it is the title under the name of individual or a
family, a clan of indigenous.

● Anong limitation? Can they dispose of the ancestral land?

○ The ancestral domain cannot be transferred, but the ancestral land titles can be
transferred, yes, only between and among the indigenous people themselves.
 ● Can It be transferred outside?
○ I’m not sure ah, kasi there is this ten-year right to repurchase the property, within
ten years from conveyance by an indigenous people to a non-IP. Parang ganun.
○ I have to check that but I know it's ten years to the right to repurchase.

● So, all those I mentioned are possible for private ownership - agricultural lands of public
domain, declared alienable and disposable, patrimonial lands of the government ‘di ba
and ‘yung sa native title.

Ano ‘yung naiwan pang iba?

● All of these are already non-registrable.

What are these?

● Forest land
● Mineral land
● National parks
● Mangrove
● Rivers, marami ‘di ba.

How many list, if there’s any?

● Yeah, watersheds, mineral lands, national parks, military or naval reservation, foreshore
lands, lakes, navigable rivers, creeks, noh, reservation for public/semi-publiic purposes.
● All of these cannot be registered for private ownership. But there are instances where
although unregistrable has been successfully registered under the name of the person.
○ What happened to this?
■ As what I’ve told you, the title is void, and even if they are going to sell it,
and sell it so that they can use the doctrine of innocent purchaser for value,
that is insignificant, government can still recover it by filing a petition for
an action of reversion of the property.
● Although the lakes, the creeks, the rivers, the navigable rivers, although these are
non-registrable, mind you that there is accretion or accession ‘di ba. Principle of accretion
or accession.
● Although these are non-registrable, ‘yung accretion doon sa adjacent, the bank, adjacent
lots along the bank, if there are accretions there, these accretions belong to the owner of
the adjacent land. And therefore these accretions may be titled under the owner of the
adjacent land.
Now, may this accretion may be acquired by another person other than the owner of the lot
to which the accretion is added?
● The answer is yes, by possession or occupancy of another person thru prescription. So if
ikaw ang may-ari ng lupa, malapit ka sa lake tapos biiglang lumalaki ‘yung harapan ng ano
mo, likod ng bahay mo sa lake, ay dapat you have to occupy.
○ Otherwise, if there are squatters, they may themselves later on file a petition for
certification or reissuance of original certificate of title over that accretion.
● Now we’re done with the non-registrable properties, dealings with unregistered lands,
let’s skip that. Let’s go to assurance fund. Kasi ‘yung dealings with unregistered lands,
parang ano na rin ‘yan eh, registered lands.
● So, although it is recorded under Article 113 of the PD 1529, used to be 3344, RA 3344.

ASSURANCE FUND

Eto ung assurance na sa huli mo na lang, assurance na di ka-assure-assure, kasi sa huli na, ‘di mo
pa makuha.

Assurance Fund, anong purpose ng Assurance Fund?

● Parang insurance to eh, so everytime you pay something, a portion thereof of about ¼ of
1%, ok or .25% is allotted, is contributed to the assurance fund, and this assurance fund is
being managed by the National Treasurer.
● Anong purpose nya bat may pera pa dun, na nasa National Treasurer?
○ Ang sabi sa provision, ‘pag umabot ng half a million, anyway, this is a 1978 law, pag
umabot daw ng half a million, kasi ini-invest ang assurance fund eh, pag umabot
daw ng half a million, ibibigay daw sa National Registry, noh at pag nagkulang, it is
the National Treasurer’s obligation to add something to it if there are claims over
and above the amount under the assurance fund.
○ The purpose of assurance fund is to serve as a security,or as a pool of money that
somehow compensate for the loss or damage for those who have relied on
indefeasibility of the Certificates of Title but were never nevertheless, damaged or
have incurred loss.
Bakit ganun? Posible ba ‘yun Sir na ikaw may-ari, nawalan ka ng lupa?
● Yes, there is a principle, remember, for example, a person presented herself as the widow
of a deceased person and she executed an Affidavit For Self-Adjudication, making it
appear that she is the sole heir of her husband and with that she was able to have the
property registered under her name.
○ So while the property is registered under her name, she mortgaged it to the bank.
● The bank, relying on the title under the name of the widow, gave her a loan, thereafter,
the real heirs of the husband surfaced and questioned her title and was able to have her
title nullified.

What happens to the mortgage under the name of the bank?

● Supreme Court said that innocent mortgagee ung bangko. ‘Di naman niya alam ‘yun eh.
● Pag na-foreclose, ‘di na nakapagbayad ‘yung widow, mawawalan ‘yung mga tunay na heirs.

So, what are the recourse of the heirs?

● To get it from the assurance fund. That is the example, to get from the assurance fund.
○ So, the assurance fund serves as a pool of money that would possibly compensate
persons who have suffered loss or damage by reasons of the loss of their property.

Now, does it mean you lost something or you lost because of you have suffered loss or
damage because of the indefeasibility of the title?
● No, not always.
● Why?
○ Because the assurance fund is not an insurance.
○ Although It Is called Assurance, is not an insurance or insurer of any unwary citizen,
property against the chicanery, so dapat maging, what is the term, you should also
be mindful, you should also be wary, as a titled owner, you should be mindful of
protecting your property and your title.

Now, what are the requisites?

The requisites are as follows for someone to be able to claim under the assurance fund:
● That the person sustains less or damage or is deprived of any estate or interest in the
land. Ok.
● That on account of bringing this loss or damage, by virtue, suffered by that person, on
account of the bringing of the land under the operation of the Torrens System, arising from
the original registration
 ● That through fraud, error, omission, mistake, or misdescription, in a Certificate Title or
entry or entry or memorandum in the registration book, noh, a loss or damage has been
suffered.
● That this loss or damage was suffered without any negligence on the part of that person;
and
● That person is barred or precluded from bringing an action for the recovery of the land,
estate or interest therei
○ Ibig sabihin, wala na siyang ibang recourse, wala na siyang magagawa, hindi na niya
makukuha yung property talaga, noh. She suffered loss, damage, without
negligence through his part but thru fraud, error, omission, mistake, or
misdemeanor of others, or in the entry or memorandum in the registration book
and he can no longer recover his land.
○ That is the only,those are the parameters that must be in attendance in order for
someone to recover from the assurance fund.

Now, when can you recover from assurance fund?

● It can only be filed for recovery from the Assurance Fund, within the period of 6 months
from the right of action accrues or the cause of action has accrued, 6 years pala not 6
months. But the provision says that if the one that was prevented or the one who has been
victimized was a minor, imbecile, or an imprisoned person, the 6-year period may be
extend to 2 years after these incapacities have terminated.
○ For example, a minor, was deprived and has incurred loss or damage while he was
at the age of 12, so he has, at the age of 18, 6 years noh, so by the time he reaches
18, he's not supposed to be able to file a petition or complaint to recover from the
Assurance Fund because 6 years has already elapsed but under the provision of law,
since he has just reached the age of majority, after 6 years, then the additional
two years is given to him to file the complaint.

Now, Section 96, against whom filed.

● You just read it but it only says that If there is a, ut depends whether or not there is a
participation on the part of those who are in the Register Of Deeds
● So, if there is a participation in the personnel of the Register of Deeds, which had caused
loss or damage to that person, the defendants or the respondents should include the
Register of Deeds, then those may be responsible, the Deputy and all of those who maybe
responsible.
○ But if there is no participation, it says here that it should also include the National
Treasurer as a co-defendant.
If you have successfully recovered from the Assurance Fund, what are the consequence?
● The government steps into your shoes and it is substituted to file a claim against those
persons who might be responsible.

How is judgment satisfied? Assurance Fund ba agad?

● Not necessarily because for example there are respondents, individual respondents who
have been equally made liable, together with the government, then, satisfaction should
first be made noh, should first be taken from these individuals and if they are, if they
appear to be insolvent, it is only at that point that you can go after the Assurance Fund for
purposes of satisfaction.

RECONSTITUTION OF TITLE

Reconstitution of title
● Reconstitution of title would mean that the title to be reproduced because it was lost was
the title with the Register of Deeds. Reconstitution.
○ If what was lost was a copy with the Register of Deeds.
○ If what was lost is a copy of the owner, a petition for issuance of duplicate copy.
● So specific ang provisions ng law on what are the pertinent pieces of evidence for that
purpose at saka ‘yung process,
● It would need also publication. And also in the initial order of the court, the first hearing
is very material.
○ Kung hindi, in all proceedings in rem, in all proceedings in rem, publication is
indispensable for purposes of acquiring jurisdiction over the res and over the case,
in all, in fact, there are three notices, by posting, by mailing, by publication.
● Yung owner’s duplicate copy, wala nang publication. I just had one. There was no
publication required.
○ I am not certain about reconstitution but read through the requirements kasi
matatapos na tayo. Read through the requirements and listed pieces of evidence.
○ But one question of the bar, instead of using the owner’s duplicate copy as
evidence in support of reconstitutions, what was presented was a photocopy of the
owner's duplicate copy. The Supreme Court said that it is not adequate evidence.
So be very careful ha. So be very careful sa mga titulo ninyo.

One last advice. I want you to read by heart the case of Republic vs Pasig Rizal Co., Inc., GR
No. 213207; RA 11573 and the retroactive application of said law.