LAND TITLES AND DEEDS CIVIL LAW

Land Titles and Deeds

TABLE OF CONTENTS
I. Introduction 299
II. Torrens Certificate of Title 299
III. Original Registration 300
IV. Cadastral Registration Proceedings 305
V. Subsequent Registration 305
VI. Dealings with Unregistered Lands 309
VII. Patents 309
VIII. Remedies of Aggrieved Party 311
IX. Replacement and Reconstitution 312

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I. INTRODUCTION
A. CONCEPTS AND DEFINITIONS
1. THE TORRENS SYSTEM
A system for registration of land
under which, upon landowner’s
application, the court may, after
appropriate proceedings, direct the
issuance of a certificate of title.
(Black’s Law Dictionary)
2. LAND TITLE
Evidence of the right of the owner or
the extent of his interest, and by which
means he can maintain control, and as
a rule assert right to exclusive
possession and enjoyment of property.
3. DEED
A written instrument executed in
accordance with law, wherein a person
grants or conveys to another certain
land, tenements, or hereditaments.
4. FEE SIMPLE
Absolute title; absolute estate in
perpetuity. Land is conferred upon a
man and his heirs absolutely and
without any limitation imposed upon
the state.
5. REGISTRATION
The State provides a public record of
the title itself upon which a
prospective purchaser or someone
else interested may rely.
6. RECORDING
Provides for the recording of
conveyance and other instrument
without guaranteeing the title, leaving
to the prospective purchasers or other
persons interested to examine the
instruments in the records and
formulate their own conclusions as to
their effect on the title.
B. NATURE
Land registration is a proceeding in rem
(Sec. 2, PD 1529). A proceeding in rem,
dealing with a tangible res, may be
instituted and carried to judgment, without
personal service Roxas vs. Enriquez.
C. PURPOSE OF REGISTRATION
The real purpose of that system is to
quiet title to land; to put a stop forever
to any questions of the legality of the
title, except claims which were noted at
the time of the registration, in the
certificate, or which may arise
subsequent thereto Legarda vs. Saleeby.
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To establish and certify to the
ownership of an absolute and
indefeasible title to realty, and to
simplify its transfer Grey Alba vs. CA.
D. JURISDICTION
 RTCs of province or city where the
land or a portion or it lies- land
registration proceedings and over all
petitions filed after original registration
of titles (Sec. 2, PD 1529)
 MTCs- cadastral and land registration
cases covering:
o lots without controversy or
opposition
o contested lots where the value
does not exceed P100,000.00
(sec. 34, BP 129)
II. TORRENS CERTIFICATE OF TITLE
A. KINDS
1. OCT
The first title issued in the name of a
registered owner by the Register of
Deeds covering a parcel of land
which had been registered under the
Torrens System, by virtue of judicial
or administrative proceedings.
2. TCT
The certificate shall show the number
of the next previous certificate
covering the same land and also the
fact that it was originally registered,
giving the record number, the
number of the original certificate of
title, and the volume and page of the
registration book in which the latter
is found. (Sec. 43, PD 1529)
3. PATENTS
Whenever public land is by the
Government alienated, granted or
conveyed to any person, the same
shall be brought forthwith under the
operation of this Decree. It shall be
the duty of the official issuing the
instrument of alienation, grant,
patent or conveyance in behalf of the
Government to cause such
instrument to be filed with the
Register of Deeds of the province or
city where the land lies, and to be
there registered like other deeds and
conveyance.
The deed, grant, patent or
instrument of conveyance from the
Government to the grantee shall not
take effect as a conveyance or bind
the land but shall operate only as a
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contract between the Government B. EFFECT OF REGISTRATION

and the grantee and as evidence of
authority to the Register of Deeds to
make registration.
It is the act of registration that shall
be the operative act to affect and
convey the land. After due
registration and issuance of the
certificate of title, such land shall be
deemed to be registered land (sec.
103, PD 1529)
B. ENFORCEABILITY OF TORRENS TITLE
The title, once registered, is notice to
the world. All persons must take notice.
No one can plead ignorance of the
C. ORIGINAL REGISTRATION PROCEEDINGS
registration Egao vs. CA.
Registration does not vest or give title
to the land, but merely confirms and
thereafter protects the title already
possessed by the owner, making it
imprescriptible by occupation of third
parties. it does not give the owner any
better title than he has.
Registration is not a mode of acquiring
ownership. A certificate of title cannot
be used to protect a usurper from the
true owner or as a shield for the
commission of fraud (Vagalidad vs.
Vagalidad, GR No. 161136.

Steps in Original Registration

Proceedings
III. ORIGINAL REGISTRATION 1) Determine if the land is registrable
2) Determine if you are qualified to apply
A. LAWS GOVERNING LAND REGISTRATION 3) Survey the land
4) File the application (survey attached)
1. PD No. 1529 for land registration with the
Property Registration Decree covers appropriate court
both ordinary and cadastral registration 5) Court sets initial hearing
proceedings. It supersedes the Land 6) Publication of the initial hearing
Registration Act and the Cadastral Act. 7) File an opposition to the application
8) Hearing
2. CA141 9) Judgment
Public Land Act governs the 10)Issuance of decree
procedure for the judicial
confirmation of imperfect or 1. WHAT ARE THE REGISTRABLE
incomplete titles. LANDS?
o It applies to lands of the public
domain which have been PRIVATE LANDS
declared open to disposition or
If in the public domain, the land
concession and officially
must be classified as alienable and
delimited and classified
disposable. It must be classified as
o Under section 103 of PD 1529
such AT THE TIME OF FILING THE
whenever public land is
APPLICATION FOR REGISTRATION.
alienated, granted, conveyed to
(Republic vs. CA and Naguit, GR
any person by the government,
No. 144057)
the same shall be brought
forthwith under the operation of With the exception of agricultural
the Decree lands, all other natural resources
shall not be alienated. (sec. 2 and
3. RA No. 8371 3 Art. XII of the Constitution)
The Indigenous Peoples Rights Act
(Oct. 29, 1997) recognize the rights
NON- REGISTRABLE LANDS
of ownership and possession of
indigenous cultural communities to 1.) Forest or timberland, public
their ancestral domains and lands on forest, forest reserves lands,
the basis of native title, and defines mineral lands (Sec. 2 and 3
the extent of these lands and Art. XII of the Constitution)
domains. It expressly converts 2.) Those intended for public use,
ancestral lands into public
such as roads, rivers, torrents,
agricultural lands, and individuals
ports and bridges constructed
members of the cultural by the State, banks, shores,
communicates shall have the option roadsteads, and others of
to secure title to their ancestral lands
similar character
under the CA 141 or PD 1529.
3.) Those which belong to the
State, without being for public
use, and are intended for some

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public service or for the 25. (Sec. 3 Article XII of the

development of the national 1987 Constitution)
wealth. (Art. 420, CC)
Private lands may be owned for as long
as the corporation is at least 60%
2. WHO MAY APPLY? (OCEN-PAAL)
Filipino. (sec. 7 Article XII of the
1) Those who by themselves or 1987 Constitution)
through their predecessors-in-
interest have been in open,
continuous, exclusive and notorious 3. SURVEY
(OCEN) possession and occupation
of alienable and disposable lands of The survey may be done by a public
the public domain under a bona fide or private surveyor. When done by a
claim of ownership since June 12, private surveyor it has to be approved
1945, or earlier. by the Land Management Bureau. PD
239 withdrew the authority of the
2) Those who have acquired
Land Registration Authority to
ownership of private lands by
approve original survey plans.
prescription under the provision of
existing laws.
4. APPLICATION
3) Those who have acquired
The application for land registration
ownership of private lands or
shall be:
abandoned river beds by right of
accession or accretion under the  in writing and
existing laws.
 signed and sworn to by the
4) Those who have acquired applicant or the person duly
ownership of land in any other authorized in his behalf
manner provided for by law.
If there is more than one applicant,
If co-owned, file the application the application shall be signed and
jointly. sworn to by and in behalf of each.
If sold under pacto de retro, the It shall contain:
vendor a retro may file an application
 description of the land
for the original registration of the
land BUT should the period for  citizenship and civil status of the
redemption expire during the applicant
registration proceedings and
o if married, the name of the
ownership consolidated in the vendee
wife or husband
a retro, the latter shall be substituted
for the applicant. o if the marriage has been legally
dissolved, when and how
A trustee may apply for original
registration, unless prohibited by the  full names and addresses of all
instrument creating the trust. (Sec. occupants and those of the
14, PD 1529) adjoining owners, if known
 Persons must be natural-born  if not known, it shall state the
Filipino citizens (sec. 2 Art. XII of extent of the search made to find
the Constitution) them. (Sec. 15, PD 1529)
Exceptions:  If the application describes the
land as bounded by a public or
(a) Aliens by way of hereditary
private way or road, it shall state
succession
WON the applicant claims any
(b) Natural born citizens who portion of the land within the
have lost their citizenship- limits of the way or road, and
limited to 5,000 sqm for whether the applicant desires to
urban land and 3 hectares have the line of way or road
for rural land (RA No. 7042 determined (Sec. 20, PD 1529)
as amended by RA No.
 If the applicant is a non-resident
8179)
of the Philippines, he shall file an
 As for private corporations, they instrument appointing a resident
may not hold such alienable lands agent in the Phils. and shall agree
of the public domain except by that service of nay legal process
lease of 1,000 hectares for 25 (Sec. 16, PD 1529)
years renewable for not more than
It must be accompanied by the
original tracing cloth plan, white or

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LAND TITLES AND DEEDS
blue copes thereof, the original and
copies of the technical description
and geodetic engineer’s certification.
A person claiming ownership of real
property must clearly identify the
land claimed by him. Intestate Estate
of Don Mariano San Pedro vs. CA.
5. INITIAL HEARING
The court shall issue an order setting
the date and hour of the initial
hearing within five days from filing of
the application. The initial hearing
shall be 45-90 days from the date of
the order. (Sec. 23, PD 1529)
6. PUBLICATION
The public shall be notified of the
initial hearing by means of (1)
publication; (2) mailing; and (3)
posting. The court may also cause
notice to be served and in such
manner as it may deem proper.
(a) By Publication
The Commissioner of Land
Registration shall cause it to be
published:
 once in the Official Gazette
(sufficient to confer
jurisdiction) and
 once in a newspaper of
general circulation in the
Philippines
The notice is addressed to:
 all persons appearing to
have an interest in the land
 the adjoining owners so far
as known
 "to all whom it may
concern"
(b) By Mailing
Within 7 days from publication in
the OG, the Commissioner of
Land Registration shall mail a
copy of the notice to:
 every person named in the
notice whose address is
known.
 the Secretary of Public
Highways, to the Provincial
Governor, and to the Mayor
of the municipality or city, in
which the land lies, if the
applicant requests to have
the line of a public way or
road determined
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 Secretary of Agrarian
Reform, the Solicitor
General, the Director of
Lands, the Director of Mines
and/or the Director of
Fisheries and Aquatic
Resources, (as appropriate)
if the land borders on a
river, navigable stream or
shore, or on an arm of the
sea where a river or harbor
line has been established, or
on a lake, or if it otherwise
appears from the application
or the proceedings that a
tenant-farmer or the
national government may
have a claim adverse to that
of the applicant
(c) By Posting
CLR shall cause the sheriff or
his deputy to post the notice at
least 14 days before the
hearing:
 in a conspicuous place on
each parcel of land included
in the application and
 in a conspicuous place on
the bulletin board of the
municipal building of the
municipality or city in which
the land or portion thereof is
situated (Sec. 23, PD
1529)
7. OPPOSITION
Any person claiming an interest may
appear and file an opposition:
 on or before the date of initial
hearing, or
 within such further time as may
be allowed by the court.
The opposition shall state:
 all the objections and
 the interest claimed by the party
 the remedy desired.
It shall be signed and sworn to by
him or by some other duly authorized
person. (Sec. 25, PD 1529)
If no person appears and answers
within the time allowed, the court
shall, upon motion order a default to
be recorded. By the description in the
notice "To all Whom It May Concern",
all the world are made parties
defendant and shall be concluded by
the default order.
Where an appearance has been
entered and an answer filed, a
default order shall be entered against
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persons who did not appear and
answer. (Sec. 26, PD 1529)
Absence of opposition does not
justify outright registration Director
of Lands vs. Agustin.
8. HEARING
Proof of Ownership
(a) Tax declaration and receipts-
not conclusive but have strong
probative value when
accompanied by proof of actual
possession Municipality of
Santiago vs. CA
(b) Payment of taxes- payment in
one lump sum to cover all past
taxes is “irregular” and affects
the validity of the applicant’s
claim of ownership Republic vs.
Tayag
(c) Spanish titles- no longer
admissible
9. JUDGMENT
Judgment becomes final upon
expiration of 30 days from receipt of
notice of judgment (Sec. 30, PD
1529).
Other incidents:
 WRIT OF POSSESSION
The writ may be issued not only
against the person defeated in
the registration case but also
against any one adversely
occupying the land during the
proceedings Vencilao vs. Vano.
The writ does not lie against a
person who entered the land after
the issuance of the decree and
who was not a party in the case.
He can only be proceeded against
in a separate action for ejectment
or reinvindicatory action Bernas
vs. Nuevo.
 WRIT OF DEMOLITION
This writ is a complement of the
writ of possession Gawaran vs. IAC.
10. Issuance of Decree
Within 15 days from entry of
judgment, the court shall issue an
order directing the Land Registration
Authority to issue a decree of
registration and certificate of Title.
The decree of registration shall be
signed by the Commissioner, entered
and filed in the Land Registration
Commission. The original of the
original certificate of title shall be
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sent, together with the owner's
duplicate certificate, to the Register
of Deeds where the property is
situated for entry in his registration
book. (sec. 39, PD No. 1529).
The Register of Deeds shall forthwith
send notice by mail to the registered
owner that his owner's duplicate is
ready for delivery to him upon
payment of legal fees. (sec. 40, PD
1529)
- Appeal reckoned from the
Solgen’s receipt of the decision.
- Becomes final 15 days from
receipt
Court retains jurisdiction over the
case until after the expiration of 1
year from the issuance of the decree
of registration Gomez vs. CA.
D. ATTRIBUTES OF AND LIMITATION
ON CERTIFICATE OF TITLE AND
REGISTERED LAND (FIIC)
1. Free from Liens and
Encumbrances except (NCTHA)
 Those noted in the certificate
 Liens, claims or rights existing
under the laws and Constitution
which are not required to appear
of record in the Registry of
Deeds
 Unpaid real estate taxes levied
and assessed within 2 yrs
preceding the acquisition of any
right over the land
 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
have been determined.
 Any disposition of the property
or limitation on the use thereof
by virtue of, or pursuant to,
Presidential Decree No. 27 or
any other laws on agrarian
reform. (Sec. 44, PD 1529)
2. Indefeasible
The decree of registration shall not
be reopened or revised by reason
of absence, minority, or other
disability of any person adversely
affected thereby.
Ground for reopening and
reviewing the decree of
registration: Actual fraud.
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It must be reopened not later than This applies only to alienable and
1 yr from and after the date of the disposable (A&D) agricultural lands of
entry of such decree. the public domain. Under Sec. 6 of CA
141, the classification of public lands
No petition shall be entertained
into A&D, forest lands, or mineral lands
where an innocent purchaser for
is the prerogative of the Executive
value may be prejudiced. This
Department.
includes an innocent lessee,
mortgagee, or other encumbrancer The rule on confirmation of imperfect
for value. title does not apply unless and until the
land classified as, say, forest land, is
Upon the expiration of said period
released in an official proclamation to
of one year, the decree of
that effect so that if may form part of
registration and the certificate of
the disposable agricultural lands of the
title issued shall become
public domain. (Bracewell vs. CA,
incontrovertible. The only remedy
GR. NO 107247)
left is an action for damages. (Sec.
32, PD 1529)
1) PERIOD OF FILING
The rule on the incontrovertible
nature of a certificate of title RA No. 9176 extended the period
applies when what is involved is the to file an application for judicial
validity of the OCT, not when it confirmation of imperfect or
concerns that of the TCT Arguelles incomplete title to December 31,
vs. Timbancaya). 2020. It further limited the area
applied for to 12 hectares.
3. Imprescriptible
2) REQUISITES
No title to registered land shall be
 Filipino citizen
acquired by prescription or adverse
 He must have, by himself, or
possession. (Sec. 47, PD 1529)
thru his predecessors-in-
interest, possessed and
Prescription is unavailing not only
occupied an alienable and
against the registered owner but
disposable agricultural portion
also against his hereditary
of the public domain
successors because the latter
 Such possession and occupation
merely step into the shoes of the
must have been OCEN and in
decedent by operation of law and
the concept of owner since June
are merely the continuation of the
12, 1945
personality of their predecessor-in-
 Application filed with proper court
interest Barcelona vs. Barcelona.
3) PRIVATE CORPORATIONS
4. Not Subject to Collateral Attack
Where at the time the corporation
A certificate of title shall not be
acquired the land, its predecessor-
subject to collateral attack. It
in-interest had been in possession
cannot be altered, modified, or
and occupation thereof in the
canceled except in a direct
manner and for the period
proceeding in accordance with law.
prescribed by law as to entitle him
(Sec. 48, PD 1529)
to registration in his name, then
the proscription against
E. JUDICIAL CONFIRMATION OF
corporation acquiring alienable
IMPERFECT OR INCOMPLETE TITLES lands of the public domain does
General Rule: No title or right to, or not apply for the land was no
equity in, any lands of the public longer public land but private
domain may be acquired by property Dir. Of Lands vs. IAC and
prescription or by adverse possession Acme Plywood and Veneer Co., G.R.
or occupancy except as expressly 73002. Since the land is private,
provided by law. (Sec. 57, CA 141) the corporation can institute
The Public Land Act recognizes the confirmation proceedings.
concept of ownership under the civil
law. This ownership is based on * Requirements of the proceedings
adverse possession and the right of are governed by PD 1529.
acquisition is governed by the Chapter
on judicial confirmation of imperfect or
incomplete titles.

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IV. CADASTRAL REGISTRATION An owner of registered land may

convey, mortgage, lease, charge or
PROCEEDINGS otherwise deal with the same in
Unlike other kinds of registration, this is accordance with existing laws.
compulsory as it is initiated by the The deed, mortgage, lease, or other
government. voluntary instrument, except a will shall
ONLY operate as:
Steps in Cadastral Registration
Proceedings (sec. 35-36, PD 1529):
1.) A contract between the parties and
1. Determination of the President that 2.) Evidence of authority to the
public interest requires title to Register of Deeds to make
unregistered lands be settled registration.
2. Director of lands shall make a
cadastral survey The act of registration shall be the
3. Director of Lands gives notice to operative act to convey or affect the
interested persons land insofar as third persons are
4. Publication of notice concerned, and in all cases under this
5. A copy of the notice shall also be Decree, the registration shall be made
sent to the mayor and the in the office of the Register of Deeds
sanggunian for the province or city where the land
6. Geodetic engineers/ Bureau of Land lies. (Sec. 51, PD 1529)
employees shall notify (re: survey)
by posting at the municipal building Every conveyance, mortgage, lease,
7. Interested persons should lien, attachment, order, judgment,
communicate with the geodetic instrument or entry affecting registered
engineer if he requests for any land shall, if registered, filed or
information about the land entered in the office of the Register of
8. Actual survey/ plotting of the land Deeds be constructive notice to all
9. Director of Lands represented by persons from the time of registering.
Solgen shall institute original (sec. 52, PD 1529)
registration proceedings
10. Publication, mailing posting C. VOLUNTARY VS. INVOLUNTARY
11. Hearing DEALINGS
12. Decision
13. Issuance of the decree and certificate VOLUNTARY INVOLUNTARY
of title DEALINGS DEALINGS
Ex. Sale, Attachment,
NOTE In voluntary registration proceedings, mortage, lease, injunction,
there is no res judicata when the applicant patent, powers of mandamus, levy
fails to prove his title. In cadastral
attorney, trusts on execution,
registration, if the applicant cannot prove
that he is entitled to the land, the land notice of lis
becomes public land. There is res judicata. pendens
Presentation of Entry in the day
the owner’s book is sufficient
V. SUBSEQUENT REGISTRATION
duplicate notice to all
certificate of title persons
A. TWO TYPES OF DEALINGS is required to
notify; mere entry
1. VOLUNTARY DEALINGS insufficient
Deeds, instruments, documents An innocent Entry thereof in
which are the results of free and purchaser for the day book of
voluntary acts of parties thereto. value of the ROD is
registered land sufficient notice
2. INVOLUNTARY DEALINGS becomes the to all persons
Writ, order, or process issued by the registered owner even if the
court of record affecting registered the moment he owner’s duplicate
land, also other instruments which presents and files certificate of title
are not willful acts of the registered a duly notarized is not presented
owner, executed without his and valid deed of to the ROD.
knowledge or consent. sale and the same (Lenin vs. Bass,
is entered in the 1952)
B. NECESSITY/EFFECTS OF day book and at
REGISTRATION the same time he
surrenders or
presents the

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owner’s duplicate show that it is qualified to acquire

certificate of title private lands. (Sec. 55, PD 1529)
covering the land 2. Present owner’s duplicate. The
sold and pays the issuance of a new transfer
registration fees. certificate without presentation of
It is necessary to Entry in the day such is un warranted and confers
register the deed book is sufficient no right on the purchaser PNB vs.
or instrument in notice to all Fernandez, 1935
the entry book persons of an 3. Show that you have paid taxes.
and a adverse claim RA 456 prohibits registration of
memorandum without the same documents affecting real property
thereof shall also being annotated which is delinquent in the payment
be made in the at the back of the of real estate taxes. If evidence of
owner’s duplicate certificate of title such pament is not presented with
certificate and its (Dir. Of Lands 15 days form the date of entry of
original (Villasor vs. Reyes, said document in the primary
vs. Camon, 1976) entry book of the register of deeds
1951) the entry shall be deemed
cancelled.
General Rule: A person dealing with 4. Pay fees and DST (government is
registered property need not go exempt)
beyond, but only has to rely on, the 5. Register of Deeds shall enter the
title. He is charged with notice only of instruments filed with him relating
such burdens and claims which are to registered land. He shall note in
annotated on the title, for registration is such book the date, hour and
the operative act that binds the minute of reception of all
property Campillo vs. PNVB. instruments, in the order in which
they were received. They shall be
When should a purchaser investigate? regarded as registered from the
 Banks are required to exercise time so noted, and the
more care and prudence in dealing memorandum of each instrument,
with registered lands for their when made on the certificate of
business is one affected with title to which it refers, shall bear
public interest. The general rule the same date. (sec. 56, PD
does not apply. 1529)
 when party concerned has actual 6. All deeds and voluntary
knowledge of facts and instruments shall be presented
circumstances that would impel a with their respective copies and
reasonably cautious man to make shall be attested and sealed by the
inquiry Leung Yee vs. Strong Register of Deeds, endorsed with
Machinery the file number, and copies may
 When purchaser is in bad faith; be delivered to the person
e.g. he had full knowledge of a presenting them. (sec. 56, PD
previous sale Jamoc vs. CA, 1991 1529)
 When a person buys land from one 7. TCT shall be issued.
whose rights over the land is
evidenced only by a deed of sale E. REGISTRATION OF DEEDS OF SALE
and an annotation in the certificate (CONVEYANCES) AND TRANSFERS
of title but no TCT Quiniano vs. CA
1. ENTIRE PROPERTY IS SUBJECT
D. REGISTRATION OF VOLUNTARY
SECTION 57
INSTRUMENTS
a. An owner shall execute and
Steps in registration in general: register a deed of conveyance
1. File with the Register of Deeds the in a form sufficient in law.
voluntary instrument for b. The Register of Deeds shall
registration (Sec. 54, PD 1529). thereafter make out in the
It shall contain full name, registration book a new
nationality, residence and postal certificate of title to the grantee
address of the grantee or other and shall prepare and deliver to
person acquiring or claiming an him an owner's duplicate
interest under such instrument. It certificate.
shall also contain the grantee’s civil c. The Register of Deeds shall note
status. If the grantee is a upon the original and duplicate
corporation or association, it must certificate the date of transfer,
the volume and page of the

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LAND TITLES AND DEEDS
registration book in which the
new certificate is registered and
a reference by number to the
last preceding certificate.
d. The original and the owner's
duplicate of the grantor's
certificate shall be stamped
"canceled".
e. The deed of conveyance shall
be filed and indorsed with the
number and the place of
registration of the certificate of
title of the land conveyed.
2. PORTION OF PROPERTY IS SUBJECT
SECTION 58
a. Have the plan showing all the
portions or lots into which it has
been subdivided and the
corresponding technical
descriptions verified and
approved. Otherwise, such deed
may only be annotated by way
of memorandum to serve as a
notice to third persons of the
fact that certain unsegregated
portion of the land described
therein has been conveyed
b. The original of the plan and a
certified copy of the technical
descriptions shall be filed with
the Register of Deeds for
annotation in the corresponding
certificate of title
c. Officer shall issue a new
certificate of title and cancel the
grantor's certificate partially
with respect only to said portion
conveyed, OR certificate may be
canceled totally and a new one
issued describing therein the
remaining portion
3. SUBSISTING ENCUMBRANCES/
ANNOTATIONS
Encumbrances or annotations that
appear in the registration book shall
be carried over in the new certificate
or certificates; except so far as they
may be simultaneously released or
discharged. (Sec. 59, PD 1529)
F. MORTGAGES AND LEASES
Mortgage and leases shall be
registered in the manner provided in
Section 54 of this Decree. Such deed of
mortgage or lease shall take effect
upon the title only from time of
registration. (Sec. 60, PD 1529)
Upon presentation for registration of
the deed of mortgage or lease with the
owner's duplicate, the Register of
Deeds shall enter upon the original of
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the certificate of title and also upon the
owner's duplicate certificate a
memorandum thereof and shall sign.
(Sec. 61, PD 1529)
G. POWERS OF ATTORNEY; TRUSTS
Powers of attorney to deal with
registered land shall be registered with
the Register of Deeds of the province
or city where the land lies. Revocation
of power shall be registered in like
manner (Sec. 64, PD 1529).
To transfer registered land in trust or
to create or declare a trust or other
equitable interests in such land without
transfer, the particulars of the trust
shall not be entered on the certificate;
but only a memorandum thereof shall
be entered by the words "in trust", or
"upon condition", or other apt words,
and by a reference by number to the
instrument. A similar memorandum
shall be made upon the original
instrument (Sec. 65, PD 1529).
No instrument which transfers,
mortgages or in any way deals with
registered land in trust shall be
registered, unless the enabling power
thereto is expressly conferred in the
trust instrument, or unless a final
judgment or order of a court of
competent jurisdiction has construed
the instrument in favor of the power, in
which case a certified copy of such
judgment or order may be registered
(Sec. 66, PD 1529).
Whoever claims an interest in
registered land by reason of any
implied or constructive trust shall file
for registration with the Register of
Deeds a sworn statement. Such claim
shall not affect the title of a purchaser
for value and in good faith before its
registration (Sec. 68, PD 1529).
H. INVOLUNTARY DEALINGS
1. ATTACHMENT
An attachment, or a copy of any
writ, order or process issued by a
court of record, intended to create
or preserve any lien, status, right,
or attachment upon registered land,
shall be filed and registered in the
Registry of Deeds for the province or
city in which the land lies.
It shall contain a reference to the
number of the certificate of title to
be affected and its registered owner.
If not claimed on all the land,
include a description sufficiently
accurate for identification of the land
affected.
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LAND TITLES AND DEEDS
A restraining order, injunction or
mandamus issued by the court shall
be entered and registered on the
certificate of title affected, free of
charge. (sec. 69, PD 1529)
The duplicate certificate must be
presented for registration. If not,
the Register of Deeds shall, within
36 hours, send notice by mail to the
registered owner, stating that such
paper has been registered, and
requesting him to send or produce
his duplicate certificate so that a
memorandum of the attachment or
other lien may be made thereon.
If the owner neglects or refuses to
comply within a reasonable time,
the Register of Deeds shall report
the matter to the court so that it
may order the owner to produce his
certificate. (sec. 70, PD 1529)
In case of conflict between a vendee
and an attaching creditor, if the
attaching creditor registered first then
he acquires a valid title over the
property. But where a party has
knowledge of a prior existing interest,
which is unregistered at the time he
acquired a right to the same land, his
knowledge of that prior unregistered
interest has the effect of registration
as to him Ruiz vs. CA, 2001.
2. EXECUTION AND TAX
DELINQUENCY SALES
Whenever registered land is:
- sold on execution
- taken or sold for taxes or for
any assessment or
- to enforce a lien of any
character, or for any costs and
charges incident to such liens
Any execution, any officer's return,
or any deed, demand, certificate, or
affidavit, or other instrument made
in the course of the proceedings,
shall be filed with the Register of
Deeds and registered in the
registration book, and a trial are unnecessarily delaying
memorandum made upon the
proper certificate of title in each
case as lien or encumbrance. (Sec.
74, PD 1529)
3. NOTICE OF LIS PENDENS
This does not create a lien.
Notice of lis pendens may involve
actions that deal not only with title or
possession of a property but also
with the use or occupation of
property. The litigation must directly
involve a specific property which is
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necessarily affected by judgment. It
is proper in the ff cases:
- action to recover possession of
real estate
- action to quiet title
- action to remove clouds upon
the title
- action for partition or
- other proceedings of any kind in
court directly affecting the title
to land or the use or occupation
thereof or the buildings thereon
A memorandum or notice must be
filed and registered so that
judgment shall have an effect on the
land and 3rd persons. It should
contain:
- institution of such action or
proceeding
- in which court it is pending
- date of the institution
- number of the certificate of title
- description of the land affected and
- the registered owner (sec. 76,
PD 1529)
It is not proper in:
- preliminary attachments
- proceedings for probate of wills
- levies on execution
- proceedings for administration
of estates
- proceedings the object of which
is a money judgment
* In case of subsequent sales or
transfers, the Register of Deeds is
duty bound to carry over the notice
of lis pendens on all titles to issued.
Before final judgment, the court
may order the cancellation:
- After showing that notice is only
for purpose of molesting an
adverse party
- When it is shown that it is not
necessary to protect the right of
the party who caused the
registration thereof
- When the consequences of the
the determination of the case to
the prejudice of the other party
- When party who caused
registration filed a verified
petition
- Deemed cancelled when
certificate issued by clerk of
court stating manner of disposal
of proceeding is registered at
any time after final judgment in
favor of the defendant, or other
disposition of the action such as
to terminate finally all rights of
the plaintiff (Sec. 77, PD
1529)
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appeal the matter to the Commissioner of

4. ADVERSE CLAIM
WHEN IS A CLAIM ADVERSE?
When a person claims any part or
interest in registered land adverse to
the registered owner, arising
subsequent to the date of the original
registration. (Sec. 70, PD 1529)
The adverse claim shall be effective
for a period of 30 days from the date
of registration. After that the
annotation of adverse claim may be
cancelled upon filing of a verified
petition therefor by the party in
interest. After cancellation, no second
adverse claim based on the same
ground shall be registered by the
same claimant (Sec. 70, PD 1529).
Requisites:
1. The adverse claimant must
state the ff in writing:
- his alleged right or interest
- how and under whom such
alleged right or interest is
acquired
- the description of the land
in which the right or
interest is claimed and
- the number of the
certificate of title
2. The statement must be signed and
sworn to before a notary public or
other officer authorized to
administer oath and
3. The claimant should state his
residence or the place to which all
notices may be served upon him.
Non-compliance with the above
requisites renders the adverse
claim non registrable and
ineffective.
Land Registration. Any recording made
under this section shall be without
prejudice to a third party with a better
right.
Tax sale, attachment and levy, notice of
lis pendens, adverse claim with respect to
unregistered lands shall likewise be
admissible to record.
Fees shall be same amount of fees
prescribed for similar services for the
registration of deeds or instruments
concerning registered lands.
VII. Patents
The classification of public lands is a
function of the executive branch of
government Republic vs. Imperial, 2000.
Lands of the public domain which are
alienable or open to disposition may be
further classified as:
- agricultural
- residential, commercial, industrial,
or for similar productive purposes
- educational, charitable or other
similar purposes
- reservations for townsites and for
public and quasi- public uses
MODES OF DISPOSITION
Public lands suitable for agricultural
purposes can be disposed of only as
follows:
- homestead settlement
- sale
- lease
- confirmation of imperfect or
incomplete titles
o judicial legalization
o administrative legalization (free
patent)

VI. DEALINGS WITH Kinds Applicant Requirements

UNREGISTERED LANDS Homest The Public - Max of 12
ead Land Act hectares of
No deed, conveyance, mortgage, lease, Patent provides agricultura
or other voluntary instrument affecting that any l land
land not registered under the Torrens Filipino - Applicant
system shall be valid, except as between citizen over must have
the parties thereto, unless such the age of cultivated
instrument shall have been recorded 18 or head and
under PD 1529. (Sec. 113, PD 1529) of the family improved
The recording of the deed and other may enter a at least
instruments relating to unregistered lands homestead 1/5 of the
shall be effected by any of annotation on land
the space provided therefor in the continuous
Registration Book, after the same shall ly since
have been entered in the Primary Entry the
Book. approval of
the
In case the Register of Deeds refuses to application
record, said official shall advise the party resided for
in interest in writing and the latter may

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LAND TITLES AND DEEDS CIVIL LAW

at least 1 residen reisides lands and

yr in the tial - have other lands
municipalit purpos established may be
y in which es in good faith sold on
the land is his residence condition
located or on a parcel that the
in an of public purchaser
adjacent to land which is shall make
the same not needed improveme
- Payment for public nts of a
of fee service (RA permanent
required 730) character
Sales Any Filipino - Sold thru for the
Patent of lawful age sealed purpose
or the head bidding for which
of a family - Purchase the land is
may price may purchased
Public purchase be paid in w/in 18
Agricult any tract of full upon moms.
ural public the making From the
Lands agricultural of the date of the
land not to award or award.
exceed 12 in not
hectares. more that - exception
10 to CA 141
installment - area does
s from the not exceed
date of the 1,000 sqm
award - it shall be
- Purchaser an
shall have essential
not less condition
than 1/5 of of this sale
the land that the
cultivated occupants
w/in 5 yrs has
from the constructe
date of the d his
award house on
Lands - Before any the land
for patent is and
residen issued he occupants
tial, must show has
comme actual constructe
rcial or occupancy, d his
industri cultivation house on
al and the land
purpos improveme and
es nt of at actually
least 1/5 resided
of the land therein
until the Free To any -does not own
date of patent natural born more than 12
final Filipino hectares of
payment. citizen land
(filing ended - continuously
- Lands Dec. 31, occupied and
reclaimed 2000) cultivated,
-Filipino by the either by
citizen of govt and himself or his
legal age foreshore predecessors-
- not the shall be in-interest,
owner of a disposed tracts of
home lot in by lease agricultural
Lands the mun only public lands
for where he - Marshy subject to

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LAND TITLES AND DEEDS CIVIL LAW

disposition for for 1. petitioner must have

at least 30 Review an estate or interest in
years prior to the land
March 2. he must show actual
28,1990 fraud
- paid real 3. petition must be filed
property taxes within one year form
on the the issuance of the
property while decree by LRA
the same has 4. property has not yet
not been passed to an innocent
occupied by purchaser for value.
any person Walstrom vs. Mapa, GR No.
Special Issued upon 38387
patent the
promulgation Grounds:
of a special - extrinsic fraud,
law or act of - void decision for want
Congress or of due process
by the Sec of - lack of jurisdiction
DENR as
authorized by Under the Torrens system of
an EO registration, the Torrens still
becomes indefeasible and
e.g. issued by incontrovertible one year
the Pres. In form the issuance of the final
1988 to the decree and is generally
Public Estates conclusive evidence of the
Authority ownership (Calalang vs.
under PD Register of Deeds). This
1085 over 3 applies as well to title
reclaimed acquired through homestead
islands in the or free patents Iglesia ni
name of PEA Cristo vs. CFI, GR No. L-
35273
Action - before issuance of
VIII. REMEDIES OF AGGRIEVED for decree, or within/after
PARTY Reconv 1 year from entry
eyance - if based on implied
trust, 10 years;
Motion - 15 days from notice of
- if based on expressed
for judgment
trust and void
New Grounds:
contract,
Trial - Fraud, accident,
imprescriptible
mistake, excusable
- if based on fraud, 4
negligence
years from the
- Newly discovered
discovery
evidence
- Awarded excessive
It does not reopen
damages, or
proceedings but a mere
insufficiency of
transfer of the land from
evidenc, or that the
registered owner to the
decision is against law
rightful owner Esconde vs.
Appeal - 15 days from notice
Barlongay. It is available in
- appealable to the CA
case of fraud thereby
or to the SC in the
creating a constructive trust
same manner as in
between parties Huang vs.
ordinary actions
CA. It is not available if the
Relief - 60 days after petitioner property has already been
from learns of judgment, but not transferred to an innocent
Judgm more than 6 months after purchaser for value.
ent judgment was entered
Damag It can be availed of when
Grounds: Fraud, accident,
es reconveyance is no longer
mistake, excusable
possible as when the land has
negligence
been transferred to an
Petition Requisites: innocent purchaser for value

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LAND TITLES AND DEEDS CIVIL LAW

Ching vs. CA. Indefeasibility of title,

Action Requisites: prescription, laches, and
for - A person sustains loss estoppel do not bar reversion
Compe or damage or is suits.
nsation deprived by any Crimin Perjury, Forgery, Others
from estate or interest in al involving fraud
the land Action
Assura - On account of bringing
nce of land under the IX. REPLACEMENT AND
Fund39 Torrens system
- Through (FEMOM) RECONSTITUTION
fraud, error, mistake,
omission, or A. REPLACEMENT
misdescription in the In case of loss or theft of an owner's
certificate of entry in duplicate certificate of title, due notice
the registration book under oath shall be sent by the owner
- Without negligence on or by someone in his behalf to the
his part Register of Deeds of the province or
- And is barred from city where the land lies as soon as the
bringing an action for loss or theft is discovered. If a
recovery of the land. duplicate certificate is lost or
- The action has not destroyed, or cannot be produced by
prescribed. It must be a person applying for the entry of a
instituted within 6 new certificate to him or for the
years from the time registration of any instrument, a
the right to bring such sworn statement of the fact of such
action first occurred-- loss or destruction may be filed by the
> date of issue of the registered owner or other person in
certificate of title interest and registered.
Against whom filed: against
the Register of Deeds and the Upon the petition of the registered
National Treasurer if FEMOM owner or other person in interest, the
is caused by court personnel, court may, after notice and due
Register of Deeds, his deputy hearing, direct the issuance of a new
or other employees of the duplicate certificate, which shall
Registry contain a memorandum of the fact
If other those above that it is issued in place of the lost
mentioned: the Register of duplicate certificate, but shall in all
Deeds, the National respects be entitled to like faith and
Treasurer and other person credit as the original duplicate, and
or persons, as co-defendants. shall thereafter be regarded as such
Annulm Grounds: extrinsic fraud and for all purposes of this decree.
ent of lack of jurisdiction.
Judgm B. RECONSITUTION
ent Ordinary remedies of appeal, Original copies of certificates of title
motion for new trial etc lost or destroyed in the offices of
should no longer be available. Register of Deeds as well as liens and
If based on extrinsic fraud, encumbrances affecting the lands
file 4 within years from covered by such titles shall be
discovery. reconstituted judicially in accordance
If based on lack of with the procedure prescribed in
jurisdiction, before it is Republic Act No. 26 insofar as not
barred by laches or estoppel inconsistent with this Decree. The
Galicia vs. Marquez 2007. procedure relative to administrative
Reversi Instituted by the reconstitution of lost or destroyed
on government, thru Solgen in certificate prescribed in said Act is
all cases where lands of hereby abrogated.
public domain are held in
violation of the Constitution Notice of all hearings of the petition
or were fraudulently for judicial reconstitution shall be
conveyed. given to the Register of Deeds of the
place where the land is situated and
to the Commissioner of Land
39 Registration. No order or judgment
Upon registration, there shall be paid to the Register of
Deeds ¼ of 1% of the assessed value of the real estate ordering the reconstitution of a
on the basis of the last assessment for taxation purposes, certificate of title shall become final
as contribution to the Assurance Fund.

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