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LAND TITLES ATTY. LORENZO PADILLA
PD 1529 – Property Registration Decree (superseded the old Land Registration Act). NOTE: Before PD 1529, numerous systems that have been used in the process of land title registration. PNB v. International Corporate Bank – under PD 1529, Sec. 2, Land Registration Courts now exercise broader jurisdiction.
Courts of First Instance shall have exclusive jurisdiction over all applications for original registration of title to lands, including improvements and interests therein, and over all petitions filed after original registration of title, with power to hear and determine all questions arising upon such applications or petitions xxx
xxx WHEREAS, there is a need to update the Land Registration Act and to codify the various laws relative to registration of property, in order to facilitate effective implementation of said laws; WHEREAS, to strengthen the Torrens system, it is deemed necessary to adopt safeguards to prevent anomalous titling of real property, and to streamline and simplify registration proceedings and the issuance of certificates of title; WHEREAS, the decrees promulgated relative to the registration of certificates of land transfer and emancipation patents issued pursuant to Presidential Decree No. 27 to hasten the implementation of the land reform program of the country form an integral part of the property registration laws xxx
Coverage of Par. 2, Sec. 2 of PD 1529
1. 2. Petitions and actions before and on original registration. Petitions and actions filed after original registration.
xxx Judicial proceedings for the registration of lands throughout the Philippines shall be in rem and shall be based on the generally accepted principles underlying the Torrens system. xxx
Legal concepts pertaining to land titles absorbed by PD 1529: 1. Cadastral Act 2. Limitation of Affidavit of Adverse Claim to Thirty (30) days Extent or scope or jurisdiction of land registration courts: 1. “Registrability” of a particular land under the Torrens system 2. whether the applicant is a holder of the proper registration proceeding NOTE: Cadastral proceeding, similar to an ordinary court action, is a proceeding where the court adjudicates. In an ordinary proceeding, courts identify the registrability of the land On account of absence of objection, the adjudication of the issue will not be declared as void but valid. It cannot be held void for lack of jurisdiction per se, but rather determined by the procedure. Land Registration Court is similar to a Court of First Instance/Regional Trial Court sitting as such. Interestingly, should the case be dismissed, CFI/RTC will once again assume jurisdiction for appeals (Vda. de Arceo v. CA, Averia v. Cagioa).
Coverage of Par. 1, Sec. 2 of PD 1529 1. Deals with registrations and titles of land. 2. Jurisdiction over registrations and titles proceedings in rem. Administrative In personam - effective only between the parties involved Judicial In rem – enforced against the whole world; even including the government
Bornales v. CA – the process of registration under Torrens system merely confirms a pre-existing title or right of ownership (even before beginning application, one already possesses the right or title). Registration therefore is NOT a mode of acquiring a title. NOTE: Title pertains to the paper/document that evidences the right. Limitations of registration under Torrens system: 1. Protection is not absolute – e.g., registration does not warrant the integrity of the title against erosion. Law on Property, however, provides compensation (i.e., alluvial property will belong to the owner of the eroded land) Coronel v. IAC – wrongful titling of the land belonging to another will not be make the holder the rightful owner. System of registration will not make the registered owner the owner of the lands that are illegally included in the title.
LAND TITLES | ATTY. LORENZO PADILLA ARIK ABU & GEOF REYES | 2A - 2014
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government is empowered to dedicating/assigning of lands through legislation Land may be either: 1. Public a. Foreshore lands ii. 1945 or earlier can be the subject of judicial confirmation of title. 1945 or earlier” rule. Republic v. 14(a) of PD 1529. Director of Forestry – motivations which led the government to create the watershed area responsible for the water resources of MM. Thompson v. but certain mangrove lands may be non-registrable. 48(b) of the old Land Registration Act). Heirs of Malabanan v. historically private lands. Mineral b. then the holder acquires a veritable title that is good even against the government. Public Estates Authority and Amari – titling of reclaimed lands. 2. (In essence. in consideration of the amendment made in Sec. private rights may be acquired over alienable lands of public domain. registrable (susceptible to being titles. CA – certificate of title will not be regarded as a conclusive evidence of ownership as far illegally acquired lands are concerned. for purposes of commencing judicial confirmation of titles. Naval/Military 3. The applicant must prove possession since June 12. NON-REGISTRABLE LANDS NOTE: Land Registration Title. Alienable or disposable lands under public domain. (Q: Naturally occurring or planted over provate lands?) The Republic of the Philippines may hold lands that are patrimonial in character. Possessed and owned on June 12. Watershed 2. LORENZO PADILLA ARIK ABU & GEOF REYES | 2A . Munoz that the reliance on the 30-year rule would be tantamount to relying on an outdated provision. This is rendered moot by Sec. Prescription c. NOTE: So long as land is possessed and occupied for thirty (30) years. thus are NOT forests lands. However. Republic – proper interpretation of the provision of Sec.2014 PAGE 2 OF 8 . 1945 or earlier” (hybrid construction of the two rules on acquiring title of alienable land. But government may lose the same as with any other private land. accresions. non-registrable Lakeshore Accumulation of alluvial deposits. The system of registration under the Spanish Mortgage Law is hereby discontinued and all lands recorded under said system which are not yet covered by Torrens title shall be considered as unregistered lands. 1945 or earlier. Abandoned riverbeds. Lat – differentiate lakeshore from foreshore lands: Foreshore Continuous accumulation of sand near the sea. 14 of PD 1529. (From public lands) acquired through possession and alienable lands b. hence non-registrable. Chavez v. LAND TITLES | ATTY. Even if the land is alienable or disposable is insufficient to make it registrable. “indicate the requirement to hold the land for 30 years since June 12.) This is currently being mandated by Sec. Specific purpose 1. Forest c. Delos Angeles – foreshore area in Paranaque held as unregistrable 4. which upheld the “June 12. Munoz v. Private a. 1945 or earlier MODULE 2 Section 3. 2. Director of Industry – type of mangrove lands involved in this case are. and lands acquired through accessions d. 3. 2. Status of other pre-existing land registration system. Reclaimed lands) NOTE: These can even refer to NON-REGISTRABLE lands by virtue of the law which authorizes the conversion of such as registrable land. Agricultural lands i. Lands acquired under any other provisions of the law (ex. 1. 48) public land possessed and occupied in the concept of an owner since June 12. the Court held in Republic v. 14 or PD 1529. Alienable/disposable NOTE: Republic Land Act (Sec. Republic v. Notable jurisprudence: 1. provided that they are produced by natural action or the ebb and flow of the water) 4. 1945 or earlier. the land need not be alienable and disposable since June 12.THE FRATERNAL ORDER OF UTOPIA Galloy v.
must be on or before date of initial hearing o Mailing of notices (provided that addressees are known. Certification of the Land Reform Authority is made after having complied with the publication requirements. to Bureaus of Fisheries Development . o Filing of opposition (of adverse or interested party). until the land shall have been brought under the operation of the Torrens system. If there is no such appeal or it has been disposed with. Two types of judicial proceedings: 1. 114 application must be filed to the director of the Lands Management Bureau.to find sufficient title proper for confirmation Following judgment of a court. there must be a statement in the application as to the extent of the search made to find them) Government agencies: o DPWH and/or provincial governor. municipal/cit y mayor if the land borders a public land Where the land is adjacent to a body of water. the judgment shall reach its finality. ex. as amended by Act No. Court shall issue order to LRA to issue a decree of registration NOTE: Judgement land registration court. but also includes those which add to the subject matter of the registration. a sale in line with irregularities will weaken such application for registration. but before 90 days o Compliance with the jurisdictional requirements: Necessity of publication (once in Official Gazette. if tenanted. In case of an “order of general default. provided. Registration under Sec. During the initial hearing: 1.D. 3344. and Mines. shall continue to remain in force. CA – absence of statement regarding the extent of search made to find unknown parties to the application. Said order is then forwarded to the Land Registration Authority (Land Registration Commission in P. to the Department of Land Reform Posting in: (1) bulletin. any aggrieved party can appeal. Francisco v. The books of registration for unregistered lands provided under Section 194 of the Revised Administrative Code. Proof of jurisdictional requirements 2. and once in a newspaper in general circulation) Failure to comply with the publication requirement will render any judgement void Not only applicable for original registrations. certificate of title register of deeds LAND TITLES | ATTY. decree of registration LRA. 113 – pertains to recording of instruments relating to unregistered lands. Objective of the trial . if unknown. Opposition 3. all instruments affecting lands originally registered under the Spanish Mortgage Law may be recorded under Section 113 of this Decree.THE FRATERNAL ORDER OF UTOPIA Hereafter. Ordinary Q: Who may apply? A: Sec. LORENZO PADILLA ARIK ABU & GEOF REYES | 2A . to the OSG. NOTE: PD 1529 deals with judicial registration proceedings. Five (5) days from the filing of the application. 1529) Initial hearing to be held not within 45 days.” parties who failed to file an opposition on or before the date of initial hearing can no longer participate in the hearing until the lifting of general default is made.2014 PAGE 3 OF 8 . and (2) land itself Rule 108 – approximates the publication requirement. Occupants or adjacent land owners. the court will issue an order setting the date of initial hearing. that all instruments dealing with unregistered lands shall henceforth be registered under Section 113 of this Decree.
34. Any disposition of the property or limitation on the use thereof. every innocent purchaser taking a certificate of title for value and in good faith. Leyva v.. V. 2. in pursuance of a degree of registration. no need for republication. but the transaction must be brought to the attention of the court. MODULE 5 DBP v. CA – quantum of proof: clear and convincing evidence. there are instances when it may be delegated (can only try case within the delegated authority. republication is deemed necessary. CA – court is not necessarily bound to award title where there are no oppositions. 22 of 1529 – land that is subject to pending land registration proceedings may be subject to dealings (i. Effects of a Decree of Registration Sec. Liens. Benin v. the mode of acquiring is registration which binds and the operative act of registering the land. otherwise to the government) MODULE 4 Roxas v. Opening clause says. otherwise the transfer of ownership will not occur.000) to a MeTC or MTC. 44 – Statutory Liens 1. “to whom it may concern.2014 PAGE 4 OF 8 . IAC Sec. (Applicant’s lessees cannot file such claim for they have no locus standing) Pons Realty Corp. Acting Register of Deeds of Nueva Ecjia 1. But documents designating such representation must be presented. 22. under the Regalian Doctrine. Moral of the case: OBSERVE SEC. LORENZO PADILLA ARIK ABU & GEOF REYES | 2A . shall hold the same free from all encumbrances except those noted in said certificate and any of the following encumbrances which may be subsisting.e. duty of the court is to find title proper to registration Guitierrez Hermanos v. Whether the transaction entered is a voluntary or involuntary one. Reduction of area of land applied for. The new period of appeal shall be 15 days.THE FRATERNAL ORDER OF UTOPIA NOTE: PD 1529 is categorical. every registered owner receiving a certificate of title.e. republication is not necessary (title will be avoided only to the extent of the excess). he may be representative of the owner. Cadastral – tail-end of cadastral proceeding is to adjudicate the title (either the land will be awarded to any or either of the claimants. Dinglasan – when it comes to registration of land. Jandoc – who may file a petition: right of a lessee is subordinate to that of the lessor. court may substitute them as applicant. c. it is not sufficient to have it registered under Sec. 30-day period for appeal (Sec. Tuazon – deals with the effect of amendments on the jurisdiction of the court. pacto de retro sale) in whole or in part. claims or rights arising or existing under the laws and Constitution of the Philippines. However by virtue of Sec. or any government irrigational canal or lateral d. in accordance with the Judiciary Reorganization Act of 1980. Larangan v. the application for registration will not be sustained There has to be a survey or plan of the land Muniments of titles (proof of ownership) 2. i. value of land is below P20.” issued by the Land Registration Authority (administrative agency) Sec. If increase is minimal. i. CFI/RTC has exclusive and original jurisdiction over judicial registration of lands. Entry alone [in the primary entry books] produces the effect of registration. CA – applicant may not be the owner himself. shall make the property as public property Republic v. 31 – it’s the decree of registration that binds the land and quiets the title thereto. Burden of proof lies on the applicant. without properly following procedural requirements. Standards of dominical claim is reiterated in this case. however if increase is substantial. failure to prove his claim. with notice of such sale.e. Any public highway or private way established or recognized by law. so long as the registrant has complied with all that is required of him for purposes of LAND TITLES | ATTY. Unpaid real estate taxes levied and assessed within two years immediately preceding the acquisition. 113 of PD 1529. 32 – where ground is fatal infirmity. 30 of PD 1529). b. National Grains Authority v. Sec. Association Benevola de Cebu – when appeal of judgment shall be made.. namely: a.
Duran v.” NOTE: Under Sec. the mortgagee satisfies the status of an innocent purchaser for value). buyer in the fraudulent sale was made to believe that the sale was indeed a real transaction. all the transactions subsequent to the consequent sale shall likewise be void. Pabalan v. in this case. the term “innocent purchaser for value” shall extend to lessees. Chain of title doctrine – acknowledges the rights of innocent purchasers for value. (2) present the owner’s duplicate.e. De Lagare?) They relied on registrability of the document presented by John De Lagare. (Padilla: in reconciling it with Sec. (3) pay the Register of Deeds (RoD) to pay for the necessary fees.2014 PAGE 5 OF 8 . The moment a third person intervenes. It is the act of registration that conveys and binds the land. Q: What is the date of inscription? A: Q: What are the duties of the registrant? A: (1) present the document representing the voluntary dealings (ex. When title is an absolute nullity (ex. EX: 1. the ownership over the property is transferred. Dinglasan – with delivery or tradition. deed of sale). and nothing more remains to be done but a duty incumbent solely on the register of deeds. title covering unregistrable land). “A fraudulent or forged document of sale may become the ROOT of a valid title if the certificate of title has already been transferred from the name of the true owner to the name of the forger or the name indicated by the forger. 32. Santarin – a forged deed is null and void and conveys no title. GR: Chain of title doctrine – a title that is null and void can be the source of a valid title. an invalid transaction may nevertheless be a source of a valid rights (i. The transferee transferred the ownership to the present owners. 53 – xxx After the entry of decree of registration. Gatiaoan v. the RoD shall be obliged to make an entry in the primary entry book. IAC 1. On account of absolute nullity of titles covering unregistrable land. 2. “every subsequent purchasers. Following the above mentioned requirements. Spouses Opson v. “Spring to rise higher than its source. when one of two persons may or must suffer a loss. There is room to apply the chain of title doctrine.) Fule v. It is the date that should be entered in the primary entry book of the RoD which shall be regarded as the date of its registration (NOT the date of actual receipt). But this rule has no application to registered lands. any subsequent title obtained by virtue of a forged owner’s duplicate or forged deed (ex. Gaffud – transactions involving void titles shall produce no legal effect. LORENZO PADILLA ARIK ABU & GEOF REYES | 2A . Mingoa v. CA – two different parties who are purchasers for value and in good faith.. 4. it should be the one who was negligent in protecting his or her interest. 3. even if the certificate of title is in the name of Vda. Vda. 44. LAND TITLES | ATTY. Applying rules of equity. of sale) would be null and void.. (Read with Sec. Since the spinsters never registered the lands.. No legal inter regnum between the entry in the primary entry book and that in the registration book. all the titles are considered null and void. Trader’s Royal Bank v. ownership was never transferred to them. Chanco – fraud was alleged. De Lagare – Spouses Fule were innocent purchasers for value. mortgagees.THE FRATERNAL ORDER OF UTOPIA entry and annotation. Medina v. Roxas v. The date of mailing of an instrument to the RoD for purposes of registration should be considered the date of filing and receipt by RoD.” 3. Land Registration Administrator 1. (All the world is entitled to rely on the title. Treasurer of the Philippines – when an impostor applies for an owner’s duplicate. Sec. 53) 2.
MODULE 7 Registration of titles to agricultural lands: 1. Dionisio – liens. Otherwise. entered into by an BAVA v. Unless there is an opposition. Any amendments/alterations shall in a summary proceeding.THE FRATERNAL ORDER OF UTOPIA 2. DAR can issue a CLOA. 2. unless there is otherwise an opposition and the case became controversial in nature. buyer for value and in good faith has a right to rely on the certificate of title. 108: The RoD has no authority to make any amendments on the certificate of title. Non-compliance will not entitle an applicant to registration. May be cancelled by the RoD upon the petition of the person who calls it to be registered. Patent or grant by the government shall be considered as a contract between the government and the grantee. Notice of adverse claim is a remedy of last resort. Court may dissolve such attachment subject to recording in the Register of Deeds. and a certificate of title shall issue. when no provisions in PD1529 shall apply. Sec. Licantro case – when notice was deemed ineffective.. Transactions impostor.e. LORENZO PADILLA ARIK ABU & GEOF REYES | 2A . If notice of lis pendens does not mean to protect the other person. they are susceptible of being classified into (1) voluntary and (2) involuntary. Any subsequent distribution/attachment recorded will be considered inferior to the prior registered attachment. 107: Transactions are not exclusive. b. Attachment is a provisional remedy. Administrative reconstitution – initially abolished by PD 1529. this would serve as a security. which requires an inspection by DAR whether the transactions comply with the requirements of the Agrarian Reform Law. (PD1529) But jurisprudence has provided that so long as there is no judicial cancellation. Transactions/documents must be accompanied by a clearance from the Department of Agrarian Reform. BUT once registered in the RoD shall be binding to third persons. b. unless such facts supposedly to be annotated was actually known. “Complicated” by agrarian reform laws: a. MODULE 6 Life of a notice of adverse claim has been limited to thirty (30) days. it can only be cancelled by order of the Court. Sec. This will also be a summary proceeding. or any petition involving land. in which case a full blown trial shall proceed. but may also be registered to the RoD so that a certificate of title shall issue (effect similar to a cancellation of an old title and an issuance of a new one). 2. If notice of lis pendens is intended to molest the other party b. NOTE: Mere notice of loss of certificate to the RoD does not immediately warrant an issuance of a replacement. A circular was issued for “mass issuance of reconstitution/en LAND TITLES | ATTY. Sec. for agricultural lands. partition. Sec. If not properly issued. in custodia legis).2014 PAGE 6 OF 8 . 109: Notice must be given to the RoD. NOTE: RA 6732 entails the proceedings to followed in case of administrative reconstitution. 44 provides that purchaser is bound only by what appears in the certificate of title. the notice shall subsist. Sps. Provisions for lis pendens similar to their counterparts in the RoC. On cancellation of lis pendens: 1. a petition may be filed by any person. 1. When writ of attachment is served to the property (i. there is no longer a need to address the issue of the expiration of the notice. MODULE 8 Sec. remove cloud in title. Sec. a. There must be a hearing first. 110: Original design of PD 1529 is to make judicial reconstitution the SOLE process for such reconstitution. In the same manner. 103: a. File a notice of lis pendens – usually in the form of action to recover title.
which are not included in the administratively reconstituted title will remain in effect (making the “innocent purchaser for value” prone to unknown parties with a claim over the property covered by the lost title). not subject collateral attack. Such reservation/restriction is. There should be NO EXCEPTION despite the circumstance of the case (where there are too many parties to be sent with such notice of reconstitution). 2. but a list of alternative sources of reconstitution.. NOTE: Administrative reconstitution can only be effected upon the presentment of owner’s or coowner’s duplicate of title. Municipality of Legaspi v. The lightest deviation will affect the validity of the proceedings. One becomes obligated to go back to inspect any encumbrances that might not be carried over. CA and Tahanan Development Corporation v. when liens or encumbrances are not included in the judicially reconstituted title. the judicially reconstituted titles will be as good as the lost titles. Director of Lands v. not merely infirmity but defects would render the reconstitution null and void. notice must be given to concerned parties. recovery of possession). NOTE: Transactions never brought to the attention of the reconstitution Court are deemed to have been cut off. i. Q: If the requirements are present. but was ineffective. IAC) Municipality of Legaspi v. AL Ammen Transportation – A judicially reconstituted title has same virtuality as the original. But one cannot administratively reconstituted certificate of title. etc. one who is dealing with administratively reconstituted cannot be considered an innocent purchaser for value. 2 and 3) – declare what documents can be sources for reconstitution. anyone relying on such title will be safe without duty to go beyond what is indicated in the judicially indicated title.e. if encumbrances were not transferred in the reconstitution. 3 – document requirements or other liens or encumbrances. granting all other requirements are present (10% of the titles have been lost or destroyed/no less than 500). administrative reconstitution was reinstituted. AL Ammen Transportation – case was for recovery of possession. annotations. will have no choice but to respect the title. one rely on the four corners of the certificate of title.2014 PAGE 7 OF 8 . CA – compliance with Secs. Sec. In essence. under the provisions of Sec. is one obligated to apply for administrative reconstitution? A: Availability of administrative reconstitution DOES NOT preclude judicial reconstitution. then it is cut off. Thus. any collateral attack (ex. Administrative reconstitution is subject to liens or encumbrances not reproduced in the reconstituted title continue to be binding. SUBJECT to limitations. RA 26 (Secs. public notice through signs all over the area would have sufficed. Director of Lands v.THE FRATERNAL ORDER OF UTOPIA masse reconstitution” for loss of certificates due to force majeure. Judicially reconstituted certificate of title relied upon AL Ammen shall have the same virtuality as the original title. LORENZO PADILLA ARIK ABU & GEOF REYES | 2A . Judicial reconstitution – Expanded by the safeguards installed by RA 26 to ensure the safety of the proceedings. late notice will allow such parties to assail the reconstitution. Otherwise. consolidate their petitions into a single case. With regard to judicially reconstituted title. 12 and 13 should be made with exactness and precision (Justice Guerrero). defects in judicial reconstitution proceedings (ex. one will not be qualified to avail of administrative reconstitution. failure to notify the municipality). any encumbrances. 44. NOTE: Not an arbitrary application. as if they never existed. 2 – reconstitution of titles Sec. (NHA v. Failure to do so would otherwise render the proceeding null and void for lack of LAND TITLES | ATTY. Government encourages that interested parties go to court. CA (first case) – in order to reconstitute title. One may not rely on the absence of any entry in the memorandum of encumbrances. In effect.
if transaction relates to registered land. Lands registered in other systems are declared unregistered lands. Salita v. taken together. 50 to 59. would establish a better right. You can only reconstitute a valid original title. where there is no original title in the first place. (NHA v. 3344 Hanopol v. if the land Sec. LORENZO PADILLA ARIK ABU & GEOF REYES | 2A . 3 (and Sec.THE FRATERNAL ORDER OF UTOPIA notice to the parties and the title has suffered a fatal defect. upon reliance to the title which bore no indication of such pacto de retro sale. Pilapil – “better right. RECALL: Sec. IAC). otherwise. apply Sec. “Registration under the Torrens system is subject to better rights. Calleja – involves a house constructed on a registered land.” Registration of a pacto de retro sale did not establish a better right than the buyer a retro. LAND TITLES | ATTY. 113) of PD 1529 – institute the Torrens system as the only means of registering titles of land.” facts and circumstances which. there is nothing to reconstitute. 113 or Act.2014 PAGE 8 OF 8 . Inclusion within the same set of laws the relevant provisions pertaining to transactions involving unregistered lands.