CLARESSA MARQUEZ-LEDESMA

REM 125 Classwork (Property Registration and Documentation Part 1)

1. Submit five (5) laws discussed in the lecture and their brief descriptions, with time
stamps . (25 points)

PD NO. 1529 or Property Registration Decree ( TS: 8:37) - It is a Philippine law that controls the
issuing of certificates of title and the registration of land titles. It aims to create a standardized
and methodical land registration process that would give landowners unquestionable titles and
guarantee the security of their property rights. The order establishes the Land Registration
Authority to supervise the land registration and cadastral surveying procedures.

Act No. 496 or Land Registration Act (TS: 13:10) - It is a Philippine law with the goal of
streamlining and facilitating land transactions and offering a trustworthy and definitive means for
establishing land ownership, it devised a system for the registration of deeds and titles to property.
The Torrens system of land registration which entails keeping a government-maintained record of
land titles was instituted by the act. The main objective was to reduce the likelihood of competing
claims and disagreements over property ownership by giving landowners a safe and unassailable
title.

Act No. 2259 or Cadastral Act (TS: 24:56) - This act's goal is to give the Director of Lands the
authority to order and carry out cadastral surveys, which entail measuring and identifying individual
parcels of land within a predetermined region. It aims to enhance land administration, encourage
systematic land registration, and address boundary-related concerns.

CA No. 141 or Public Land Act (TS: 28:33) - It is the standards for the categorization, management,
and disposal of public agricultural lands within the public domain are delineated in this act. CA No.
141's main goal is to control how public lands are used, ensuring that they are used for productive
purposes and that the rights of small settlers and indigenous peoples are respected.

Article XII Sec. 2 of 1987 Constitution (TS: 44:14) - This section of the constitution affirms the
State's ownership of natural resources, places limitations on their alienation, and gives the State
authority over their development, exploration, and use. Additionally, it allows the State to potentially
establish agreements for the discovery and development of natural resources with corporations or
people of the Philippines.

* ADDITIONAL five (5) laws covered in the lecture:

Ley Hipotecaria "The Mortgage Law of 1893 (TS: 40:34) - This law provided for the systematic
registration of titles and deeds as well as possessory claims.

The Maura Law (TS: 40:50) - was partly an amendment and was the last Spanish land law
promulgated in the Philippines, which required the adjustment or registration of all agricultural
lands, otherwise the lands shall revert to the state.

PD 892 (TS: 55:02) - was issued decreeing the discontinuance of the system of registration
under the Spanish Mortgage Law and the use of Spanish title as evidence in land registration
proceedings.

Law of the Indies (TS: 40:54) - it is through this law that the State’s Power of Dominium was
first introduced.

PD 592 (TS: 57:04) - Spanish titles may no longer be used as evidence of land ownership in all
registration proceedings — the reason for this is the proliferation of dubious Spanish titles
which have raised conflicting claims of ownership and tended to destabilize the Torrens
system of registration.
2.) List ten (10) real estate knowledge, terms or concepts and their brief explanations
or definitions, with time stamps (50 points)

Property Registration/Registration (6:58) - the method of using legal and administrative processes
to establish ownership of land and all improvements on it. It is also the act of registering a claim
also refers to the filing of legal documents with the Registry of Deeds and their annotation in land
titles.

Documentation (7:15) - is the process of creating legally binding papers that adhere to notarial
regulations, such as affidavits, leases, mortgages, sales, and powers of attorney. It is also the
process of putting the parties' intentions into written form in compliance with legal requirements.

Torrens System (14:11) - A system wherein the ownership status is reflected on a single, state-
guaranteed title that replaces a chain of title deeds. Through the provision of a trustworthy and
unchallengeable title to the registered landowner, this approach seeks to avoid ownership conflicts.

Torrens Title (17:39) - It is an official land title produced under the Torrens system of land
registration. Under this system, each registered title denotes ownership of a particular piece of
land, and it is kept up to date by a centralized government registry.

Robert Richard Torrens (TS: 20:05) - started to conceptualized the torrens system.

Ulrich Hubbe (TS: 21:06) - a German lawyer living in South Australia whose ideas were used by
Robert Richard Torrens’ as the basis for his proposal.

Regalian Doctrine (34:22) - It asserts that all lands and natural resources belong to the State, which
holds the title as the ultimate owner. This doctrine is enshrined in the Philippine Constitution.

State’s Power of Dominum (38:19) - It refers to the power that the State has over certain resources,
particularly natural resources and land. The Regalian Doctrine, which emphasizes that the State is
the ultimate sovereign authority and is the owner of all lands and natural resources within its
jurisdiction, is tied to the State's dominium power.

State’s Power of Imperium (41:46) - It is the sovereign power of the State to rule and exert political
control over its territory and people. It includes the State's capacity to enact and uphold laws, keep
the peace, dispense justice, and control a range of facets of public life.

In Rem (TS: 12:24) - something that will bind the entire world

* ADDITIONAL twenty (20) real estate ideas, terms and concepts covered in the lecture:

Indefeasibility (TS: 17:30) - Conclusive evidence; the title is undisputed once it is recorded,
registered and issued to the owner.

Mirror Principle (TS: 22:31) - The registration reflects the exact facts of the title.

Treaty Of Paris (TS: 31:43) - The treaty which sold the Philippines by Spain to the US.

Indemnity Principle (Ts: 24:11) - A compensation of loss caused by private fraud or by errors
made by the Register of Deeds (RD).

Curtain Principle (TS: 23:31) - One does not need to go behind the Certificate of Title as it
contains all the information about the title.

En consulta (TS: 59:06) - a Spanish word that saying consultation. We don't need to go to the
court to file case we need to validate first at the office of LRA.

Rules on Prescription (TS: 1:04:51) - one acquires ownership and other real right through the
lapsed of time.

Ordinary Prescription (TS: 1:05:32) - requires possession of things in good faith and with just
title for the time fixed by law; possession of 10 years
Extraordinary Prescription (TS: 1:06:47) - uninterrupted adverse possession thereof within 30
years without need of title or of good faith

Good faith (TS: 1:08:11) - consists in the reasonable belief that the person from whom he
received the thing was the owner thereof, and he could transmit his ownership.

Laches (TS: 1:10:38) - Fact of delay, not statutory, applies at equity and not fixed time.

Official Gazette (TS: 26:39) - official publication of government stating the laws that will
passed and administrative issuances.

Exclusive Economic Zone (TS: 43:19) - this is power of dominium, the exclusive right of the
state to exploit the natural resources within certain limit as approved by international law.

Ministerial Act (TS: 1:04:25) - refers to an action or duty performed by a government official
or public officer that involves the execution of a specific task prescribed by law or regulation.

Jure Regalia (TS: 34:21) - generally, under this concept, private title to land must be traced to
some grant, express or implied, fron the Spanish Crown or its successors, the American
Colonial Government, and thereafter, the Philippine Republic.

LRA or Land Registration Authority (TS: 59:06) - it issues decrees of registration pursuant to
final judgments of the courts in land registration proceedings, the Registers of Deeds of the
corresponding certificates of title, and supervises and controls all Registers of Deeds,
including resolving cases elevated en consulta by, or on appeal from decision of, Registers of
Deeds.

RD or Register of Deeds (TS: 1:04:38) - public repository of records of instruments affecting

registered or unregistered lands and chattel mortgages in the province or city wherein such
office is situated.