Land Titles

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ATENEO CENTRAL BAR OPERATIONS 2007

Civil Law SUMMER REVIEWER

—Adviser: Dean Cynthia Roxas-Del Castillo; Heads: Joy Marie Ponsaran, Eleanor Mateo; Understudies: Joy Stephanie Tajan, John Paul Lim; Subject Head: Shelly Lim; Pledgees: Nicole Batingana, Timothy Joseph Lumauig—

LAND TITLES LAND TITLE is the evidence of the owner’s right or extent of interest, by which he can maintain control and as a rule assert right to exclusive possession and enjoyment of property. DEED is the instrument in writing by which any real estate or interest therein is created, alienated, mortgaged, or assigned, or by which title to any real estate may be affected in law or equity.

LAND REGISTRATION is a judicial or administrative proceeding whereby a person’s claim over a particular land is determined and confirmed or recognized so that such land and the ownership thereof may be recorded in a public registry. TORRENS SYSTEM is a system for registration of land under which, upon the landowner’s application, the court may, after appropriate proceedings, direct the issuance of a certificate of title. Legarda v. Saleeby, 31 Phil 590 (1915) PURPOSES: QUIP-CC

1. To quiet title to the land and to stop forever any question as to the legality of said title

2. To relieve the land of unknown claims 3. To guarantee the integrity of land titles and to

protect their indefeasibility once the claim of ownership is established and recognized

4. To give every registered owner complete peace of mind

5. To issue a certificate of title to the owner which shall be the best evidence of his ownership of the land

6. To avoid conflicts of title in and to real estate and to facilitate transactions.

Capitol Subdivision, Inc. v. Province of Negros Occidental, 7 SCRA 60 (1963) The registration of property is to: (1) avoid possible conflicts of title in and to real property, and (2) facilitate transactions relative thereto by giving the public the right to rely upon the face of the Torrens certificate of title and to dispense with the need of inquiring further, EXCEPT when the party concerned has actual knowledge of facts and circumstances that should impel a reasonably cautious man to make such further inquiry.

NATURE OF TORRENS SYSTEM • Judicial in character and not merely

administrative • Proceeding is in rem (binding upon the whole

world) CONCEPT OF TORRENS SYSTEM • Does not create or vest title • Only confirms (does not confer) ownership

TORRENS TITLE is a certificate of ownership issued under the Torrens System, through the Register of Deeds, naming and declaring the owner of the real property described therein, free from all liens and encumbrances except such as may be expressly noted there or otherwise reserved by law.

• GENERAL RULE: A title once registered

cannot be impugned, altered, changed, modified, enlarged, or diminished

• EXCEPTION: Direct proceeding permitted by law, usually for the protection of innocent third persons

PROBATIVE VALUE OF THE TORRENS TITLE • Torrens Title may be received in evidence in all

courts in the Philippines, and shall be conclusive as to all matters contained therein, principally as to the identity of the land owner except so far as provided in the Land Registration Act.

TYPES OF TORRENS CERTIFICATES OF TITLE

1. Original Certificate of Title: the first title issued in the name of the registered owner by the Register of Deeds (ROD) covering a parcel of land which had been registered by virtue of a judicial or administrative proceeding.

2. Transfer Certificate of Title: the title issued by the ROD in favor of the transferee to whom the ownership of the already registered land had been transferred by virtue of a sale or other modes of conveyance.

MODES OF ACQUIRING TITLE: 1. Public Grant • A conveyance of public

land by government to a private individual

2. Acquisitive Prescription

• Must be OCEN: in open, continuous, exclusive, and

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Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007

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notorious possession • If in good faith & with just

title: 10 yrs. uninterrupted possession is required

• If in bad faith & without just title: 30 yrs. continuous possession is required

• Only available if the land possessed is public land that is alienable and disposable

• A property registered under the provisions of PD 1529 is not subject to prescription

• Prescription is unavailing not only against the registered owner, but also against his hereditary successors

3. Accretion Requisites: 1. The deposit of soil or

sediment be gradual and imperceptible,

2. It is the result of the curret of the waters (river/sea), and

3. The land where accretion takes place is adjacent to the banks of rivers or the sea coast

• Accretion to registered lands need new registration

• No human intervention • The current causing the

alluvial deposit must be from a river. If it is from the sea, the deposit will pertain to the state. (Government of the Phils. v. Cabangis 53 phil 112 [1929])

4. Reclamation • Filling of submerged land by deliberate act and reclaiming title thereto

• Must be initially owned by government

• May be subsequently transferred to private owners

5. Voluntary Transfer

• Private grant • Voluntary execution of

deed of conveyance • Contractual relationship

between the parties • Consensual

6. Involuntary Alienation

• No consent from the owner of land

• Forcible acquisition by the State

7. Descent or Devise

• Hereditary succession to the estate of deceased owner

8. Emancipation Patent/Grant (Certificate of Land Ownership Award)

• To ameliorate the sad plight of tenant-farmers

• Such grant is not transferable except by hereditary succession

LAWS IMPLEMENTING LAND REGISTRATION

1. Property Registration Decree (P.D. 1529, as amended)

2. Cadastral Act (Act 2259, as amended) 3. Public Land Act (Commonwealth Act 141, as

amended) 4. Emancipation Decree (P.D. 27, as amended) 5. Comprehensive Agrarian Reform Law of 1988

(R.A. 6657, as amended)

ADMINISTRATION OF THE TORRENS SYSTEM 1. LAND REGISTRATION AUTHORITY (LRA)

• Agency charged with the efficient execution of the laws relative to the registration of lands, under the executive supervision of the DOJ

• Consists of an Administrator assisted by 2 Deputy Administrators

FUNCTIONS OF THE LRA: SAC 1. Extend speedy and effective assistance to

the Dept. of Agrarian Reform, the Land Bank, and other agencies in the implementation of the land reform program of the government

2. Extend assistance to courts in ordinary and cadastral land registration proceedings

3. Be the central repository of records relative to original registration of lands titled under the Torrens system, including the subdivision and consolidation plans of titled lands

2. REGISTER OF DEEDS (ROD)

• Constitutes a public repository of records of instruments affecting registered or unregistered lands and chattel mortgages in the province or city wherein such office is situated

• Headed by the Register of Deeds, assisted by a Deputy




Page 272 of 297

FUNCTIONS OF THE ROD: IPDI 1. Immediately register an instrument

presented for registration dealing with real or personal property which complies with the requisites for registration

2. Shall see to it that said instrument bears the proper documentary and science stamps and that the same are properly cancelled

3. If the instrument is not registerable, he shall deny the registration thereof and inform the presentor of such denial in writing, stating the ground or reason therefore, and advising him of his right to appeal by consulta in accordance with Sec. 117 of PD 1529

4. Prepare and keep an index system which contains the names of all registered owners and lands registered

Baranda v, Gustilo, 165 SCRA 757 (1988) The function of the ROD with reference to registration of deeds, encumbrances, instruments, and the like is ministerial in nature. Ledesma v. Villaseñor, 13 SCRA 494 (1965) It is enough that in the ROD’s opinion an instrument is registrable for him to register it. The act being an administrative act does not contemplate notice to and hearing of interested parties. Almirol v. ROD of Agusan, G.R. No. L-22486, Mar. 20, 1968 The determination of whether a document is valid or not is a function that belongs to a court of competent jurisdiction, and not to the ROD. Balbin v. ROD, 28 SCRA 12 (1969) Instances when the ROD may validly deny registration of a voluntary instrument: 1. Where there are more than 1 copy of the owner’s

duplicate certificate of title and not all such copies are presented to the ROD

2. Where the voluntary instrument bears on its face an infirmity

3. Where the validity of the instrument sought to be registered is in issue in a pending court suit a. Notice of pending suit must be given to

parties b. Registration may be suspended

Gallardo v. IAC, 155 SCRA 248 (1987) The ROD may also refuse to register a private document since Section 112 of PD 152 provides that deeds of conveyances affecting lands should be

verified and acknowledges before a notary public or other public officer authorized by law to take acknowledgement. NOTE: When the ROD is in doubt as to the proper action to take on an instrument or deed presented to him for registration, he should submit the question to the Administrator of the LRA en consulta (Section 117, PD 1529). NON-REGISTRABLE PROPERTIES Article 420 NCC

1. Those intended for public use, such as roads, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadsteads, and others of similar character

2. Those which belong to the State, without being for public use, and are intended for some public service or for the development of the national wealth.

Arts. 5 & 6, Water Code (PD 1067 )

1. Rivers and their natural beds; 2. Continuous or intermittent

waters of springs and brooks running in their natural beds and the beds themselves;

3. Natural lakes and lagoons; 4. All other categories of surface

waters such as water flowing over lands, water form rainfall whether natural or artificial, and water from agriculture runoff, seepage and drainage;

5. Atmospheric water; 6. Subterranean or ground water; 7. Seawater;

Found in private lands: 8. Continuous or intermittent

waters rising on such lands; 9. Lakes and lagoons naturally

waters rising on such lands; 10. Rain water and falling on such

lands; 11. Subterranean or ground

waters; and 12. Waters in swamps and

marshes Regalian Doctrine under the 1935, 1973, and 1987 Constitution

Forest or timberland, public forest, forest reserves lands, mineral lands




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Bureau of Forestry v. CA, 153 SCRA 351 (1987) As provided for under Sec. 6 of CA 141, which was lifted from Act 2874, the classification or reclassification of public lands into alienable or disposable, mineral, or forest lands is now a prerogative of the Executive Department of the government and not the courts. With these rules, there should be no more room for doubt that it is not the court which determines the classification of lands of the public domain into agricultural, forest or mineral but the Executive Branch of the government, through the Office of the President. Republic v. Vera, 120 SCRA 210 (1983) A parcel of forest land is within the exclusive jurisdiction of the Bureau of Forestry and beyond the power and jurisdiction of the cadastral court to register under the Torrens system. Republic v. Heirs of Felipe Alejaga, Sr. 393 SCRA 361 (2002) The State has an imprescriptible right to cause the reversion of a piece of property belonging to the public domain if title has been acquired through fraudulent means. Republic v. Southside Homeowners Association Inc. (SHAI) G.R. No. 156951 & 173408, Sep. 22, 2006 FACTS: Proclamation No 423 which established a military reservation known as Fort William McKinley – later renamed Fort Bonifacio Military Reservation, was issued by former President Carlos Garcia. Areas specified in the Proclamation were withdrawn from sales and settlements and were reserved for military purposes. Several presidential proclamations would later be issued excluding certain defined areas from the operation of Proclamation 423. What is mainly sought to be declared as a nullity in this petition is the title over the parcels of land that are referred to as JUSMAG housing are in Fort Bonifacio being occupied by active and retired military officers and their families. SHAI , a non-stock corporation organized mostly by wives of AFP military officers, was able to secure title in its name over the bulk, if not the entire, JUSMAG area. The TCT was issued by the Rizal Registry on the basis of a notarized deed of sale purportedly executed by then Land Management Bureau Director Abelardo Palad Jr. The investigation conducted by the DOJ, however, reported land scams at the FBMR and also finding that the signature of Palad was forged.

In 1993, then Pres Ramos ordered the OSG to institute an action towards the cancellation of TCT 15084 in SHAI’s name as well as the title acquired by the Navy Officer’s Village Association (NOVA) over a bigger parcel of land within the reservation. ISSUE: Whether the land sold was alienable. HELD: NO. As regards the issue of inalienability, the Court upheld the contention of the Republic that the JUSMAG area is inalienable, the same having not effectively been separated from the military reservation and declared as alienable and disposable. Until a given parcel of land is released from its classification as part of the military reservation zone and reclassified by law or by presidential proclamation as disposable and alienable, its status as part of a military reservation remains, even if incidentally it is devoted for a purpose other than as a military camp or for defense. SHAI had not pointed to any proclamation or legislative act for that matter segregating the property from the reservation and classifying the same as alienable lands of public domain. Furthermore, the Constitution also forbids private corporations from acquiring any kind of alienable public land except through lease for a limited period. The whole conveyance process was also suspicious since the whole process was accomplished only in one day. TYPES OF REGISTRATION:

1. Original Registration 2. Subsequent Registration

ORIGINAL REGISTRATION UNDER PD 1529 is a proceeding brought before the RTC (as a land registration court) to determine title or ownership of land on the basis of an application for registration or answer by a claimant in a cadastral registration. KINDS OF JUDICIAL REGISTRATION:

1. Judicial/Voluntary/Ordinary – by filing with the proper court; application by the private individual himself

2. Administrative/Involuntary/Cadastral – compulsory registration initiated by the government

PROCEDURE IN ORDINARY LAND REGISTRATION: SFD-TP-SAHJ-DECT

1. Survey of land by the Bureau of Lands or a duly licensed private surveyor a. Survey plan must be duly approved by the




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Director of Lands. g2. Filin of application for registration by the

ll muniments of titles and copies

MU TLE are instruments or

TC of the place where

c. e MTC if there is no

d. ated jurisdiction to the

e. ries of 2

ed: in

• efined:

3. Setting

applicant a. With a

thereof with survey plan approved by Bureau of Lands NIMENTS OF TI

written evidence which applicant holds or possesses to enable him to substantiate and prove title to his estate b. Always filed at the R

land is situated Indorsed to thcontroversy over the land or if its value is less than 100,000 In cases of delegMTC, appeal is directed to the CA If land is situated between boundaprovinces, application must be filed: • When boundaries are not defin

the RTC of the place where it is declared for taxation purposes; When boundaries are dseparate plan for each portion must be made by a surveyor and a separate application for each lot must be filed with the appropriate RTC of the date of initial hearing of

earing 45-90 days from

4. Tra

application by the RTC a. Within 5 days, set h

date of order nsmittal of the application and the date of

5.

the initial hearing, with all the documents or other evidences attached thereto, by the Clerk of Court to the LRA Publication of notice of the filing of the

required are

a. i is

ii. eral

• publication: over the land

with

b. Mai 7 days after publication of said

i. Provincial

iii. orm, Solicitor

iv. deem

c. Pos in conspicuous place on

6. Service

application and the date and place of the hearing in the Official Gazette • The three notices

mandatory. Publication of notice of initial hearing . Once in the Official Gazette (th

confers jurisdiction upon the court) Once in a newspaper of gencirculation Purpose of - To confer jurisdictionapplied for upon the court - To charge the whole world knowledge of the application of the land involved, and invite them to take part in the case and assert and prove their rights over the subject land ling

• Withinnotice in the OG, mailing of notice to:

Persons named in the notice ii. Sec. of Public Highways,

Governor, and Mayor, if the applicant requests to have the line of a public way or road determined Sec. of Agrarian RefGeneral, Director of Lands, Director of Fisheries, and Director of Mines, if the land borders on a river, navigable stream, or shore, or on an arm of the sea where a river or harbor lies Other persons as the court mayproper ting

• Postingsubject land and on bulletin board of municipal building at least 14 days before initial hearing of notice by the sheriff upon contiguous

7.

owners, occupants and those known to have interests in the property Filing of answer to the application by any

8. person whether named in the notice or not Hearing by the court

9. Promulgation of judgment by the Court 10. Issuance of the decree declaring the decision

after finality of

i crees dismissing application and

only to appeal 11. Entry

final and instructing the LRA to issue a decree of confirmation and registration • DECREE– issued by LRA

judgment; contains technical description of land. . De

ii. Decrees of confirmation registration • Subject

of e the LRA s

• m is protected

12.

th decree of registration in• 1 year after the date of entry, it become

incontrovertible and amendments will not be allowed except clerical errors. It is deemed conclusive as to the whole world. Puts an end to litigation

• Purpose of Torrens systeSending a copy of the decree of registration to

13. the corresponding ROD Transcription of the decree of registration in the

OTE: Noncompliance with the requisites will make

HO MAY APPLY IN ORDINARY REGISTRATION PROCEEDINGS UNDER PD 1529: OPAL

registration book and issuance of the owner’s duplicate original certificate of title to the applicant by the ROD upon payment of the prescribed fees

Nthe Certificate of Title (CT) issued invalid and cancellable by the courts. W

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1. Those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive, notorious possession of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945 or earlier Those who acquired ownership of private land by prescription

2. under the provisions of existing

3. oned river beds by right of accession

laws Those who acquired ownership of private lands or abandor accretion under the existing laws Those who have acquired ownership of land in any manner provided for by law

4.

NOTE natural-born

ilipino citizens. However, by way of exception

IP OF LAND BY ORPORATION:

60% Filipino (Sec. 7, Article XII,

it to carry out purpose

c.

2. Arti tution)

ble

c. foreign

PERSONS WHO CANNOT

: All these persons must beFjuridical persons may apply for registration of leased agricultural and disposable lands not exceeding 1,000 hectares in area for a period of 25 years and renewable for not more than 25 years (Sec. 3, Article XII, 1987 Constitution), and except when the land has been previously acquired by prescription by a natural person and subsequently transferred to a juridical entity (in this case, a corporation may apply for judicial confirmation of title). LIMITATION TO OWNERSHC

1. Private Lands a. At least

1987 Constitution)b. Restricted as to extent reasonably

necessary to enable for which it was created If engaged in agriculture, it is restricted to 1,024 hectares.

Patrimonial Property of the State (Sec. 3, cle XII, 1987 Consti

a. Lease (CANNOT own land of the public domain) for 25 years renewa

b. Limited to 1,000 hectares Apply to both Filipinos &corporations

PROPERLY FILE AN PPLICATION FOR REGISTRATION OF LAND: A

PMAP 1. Public land sales applicant admits he is not t

owhe

ner in his application 2. Mortgagee or his successor-in-interest to the

mortgage when mortgage is assigned (pactum

3. commissorium) Antichretic creditor since he holds not in the concept of an owner

reviously denied

4. Person or entity whose claim of ownership to

land had been p in a

FORM

ec. 15, PD 1529)

person duly in his behalf

zed to province or city where

• f of each.

CONT(Sec. 15, PD 1529): D-CAEM-ARF

reivindicatory action and the right of ownership thereto of another is upheld by the courts

OF THE APPLICATION (S• In writing • Signed by the applicant or

authorized• Sworn to before an officer authori

administer oath for the the application was actually signed If there is more than 1 applicant, they shall be signed and sworn to by and in behal

ENTS OF APPLICATION

1. Description of the land applied for together provements; the

2.

with the buildings and implan approved by Director of Lands and the technical descriptions must be attached Citizenship and civil status of the applicant • if married, name of spouse, and • if the marriage has been legally

dissolved, when and how the marriage

3. Assrelation was terminated essed value of the land and the buildings other improvements baand sed on the last

4. assessment for taxation purposes Mortgage or encumbrance affecting the land or names of other persons who may have an

5. interest therein, legal or equitable Manner of acquisition of land Full names and addresses of all oc6. cupants of

ining ownersthe land and those of the adjo , if

7. ed by a public or private way or road

known, and if not known, the applicant shall state the extent of the search made to find them If the application describes the land as bound , it

8.

shall state whether or not the applicant claims any portion of the land within the limits of the way or road, and whether the applicant desires to have the line of way or road determined (Sec. 20, PD 1529) The court may require facts to be stated in the application in addition to those prescribed

9. ent

by the Decree not inconsistent therewith and may require the filing of additional papers If the applicant is a non-resident of the Philippines, he shall file an instrumappointing an agent residing in the Phils. and shall agree that service of any legal process shall be of the same legal effect as if made upon the applicant within the Philippines (Sec. 16, PD 1529)

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WHERE ION

GENERAL RULE: RTC of the province or city

opies thereof and a

TO FILE APPLICAT•

where the land is situated. − File together with application all original

muniments of titles or csurvey plan of the land approved by the Bureau of Lands

Averia CRA 459 (1986)v. Caguioa, 146 S PD 1529 has eliminated the distinction between the general jurisdiction vested in the RTC and the limited jurisdiction conferred upon it by the former law when acting merely as land registration court. Aimed at avoiding multiplicity of suits, the change has simplified registration proceedings by conferring upon the RTCs the authority to act not only on original applications but also those filed after original registration, with power to hear and determine all questions arising upon such applications or petitions. • If there are several parcels of land situated in

different provinces/cities but belong to one

• astral or land

−− oes not

AMEND DINARY REGISTRATION

ROCEEDINGS

nd out at any time

owner, he must file in RTC of each province/city where different parcels of land are located for registration purposes EXCEPTION: Delegated jurisdiction of the MTC to hear and determine cadregistration cases covering lots where

there is no controversy or opposition, or contested lots, the value of which d

exceed 100,000

MENTS IN ORP1. Striking out one or more of the parcels of la

The court may strike

applied for or by a severance of the application 2. Substantial change in boundaries, increase in area, inclusion of additional land

New technical description and new publication and notice are necessary

3. Joinder, substitudiscontinuance

tion, or of any of

the parties

File motion with court

4. Decrease in area File motion with court; no need for new publication or notice

Benin v. Tuason, 57 SCRA 531 (1974) Under Section 23 of Act 496, the registration court may allow, or order an amendment of the application

for registration when it appears to the court that the amendment is necessary and proper. Under Section 24 of the same act, the court may at anytime order an application to be amended by striking out one or more parcels or by severance of the application. The amendment may be made in application or in the survey plan, or in both since the application and survey plan go together. If the amendment consists in the inclusion in the application for registration an area or parcel of land not previously included in the application for registration of an area or parcel of land not previously included in the original application, as published, a new publication of the amended application must be made. The purpose of the new publication is to give notice to all persons concerned regarding the amended application. Without a new publication, the registration court cannot acquire jurisdiction over the area or parcel of land that is added to the area covered by the original application, and the decision of the registration court would be a nullity insofar as the decision concerns the newly included land. The reason is because without a new publication, the law is infringed with respect to the publicity that is required in registration proceedings, and third parties who have not had the opportunity to present their claim might be prejudiced in their rights because of failure of notice. But if the amendment consists in the exclusion of a portion of the area covered by the original application and the original plan as previously published, a new publication is not necessary. In the latter case, the jurisdiction of the court is not affected by the failure of a new application. DOCTRINE OF NON-COLLATERAL ATTACK OF

ECREE OR TITLE e

mpugned, enlarged, altered,

D• A decree of registration and registered titl

cannot be imodified, or diminished either in collateral or direct proceeding after the lapse of the 1-year period prescribed by the law.

If transaction is BEFORE Issuance of Decree

If transaction is AFTER Issuance of Decree

• Record instrument in ROD in same manner as if no application wasmade Present instrumeto RTC

• nt , with a

•

motion praying that the same be

Register directly with ROD for purpose ofcanceling such title and issuing a TCT




Page 277 of 297

considered in relation to thepending applic

ation

REQ SITION:

1. Set forth objections to the application positor

some other

UISITES OF OPPO

2. State interest claimed by op3. Apply for the remedy desired 4. Signed and sworn to by him or by

duly authorized person

GENERAL DEFAULT SPECIAL DEFAULT When no person ap

ibed

When a party appears at initia

ile

pears and answers within time prescr

l hearing without having filed an answer andasks court for time to fanswer but failed to do so within period allowed

JUDICIAL CONFIRMAT OR ION OF IMPERFECTINCOMPLETE TITLE UNDER THE PUBLIC LAND ACT • In rem, judicial proceedings • The decree of registration issued is conclusive

WHEN • Extended up to December 31, 2020, as

Sec. 2 of RA 9176

and final • Governed by court procedure and law of

evidence

TO FILE

provided in

Direc A 422 (1979)tor of Lands v. Abairo, 90 SCR FACTS: Petitioner contended that CFI of Isabela should have dismissed the application for registration based on an imperfect or incomplete title because it has no jurisdiction over it inasmuch as it was filed on March 1, 1971, that is, after December 31, 1968, the expiry date for filing such kind of application under RA 2061. The latest extension of the period to December 31, 2020 within which to file said applications, as provided in Sec. 2, RA 9176, shall apply where the area applied for does not exceed 12 hectares. ISSUE: Whether or not the application is valid despite being filed after the period expired and before the extension was granted. HELD: YES. It is clear from the law itself that those who applied for judicial confirmation of their title at any time prior to the cut-off date of December 31,

1976 did so on time, even if such application was filed during the intervening period from January 1, 1969 to June 18, 1971. Respect should be given to the obvious intention of the lawmaker in extending the period for filing such applications time and again, to give full opportunity to those who are qualified under the law to own disposable lands of the public domain and thus reduce the number of landless among the citizenry. LIMITATION TO AREA APPLIED FOR: • Maximum of 12 hectares (Sec. 3, RA 6940)

WHO MAY BE APPLICANTS: FFPL

1. Filipino citizens who by themselves or through their predecessors-in-interest have been in

and notorious open, continuous, exclusive possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of acquisition since June 12, 1945, or prior thereto, or ever since time immemorial (Oh Cho v. Dir. Of Lands, 75 Phil 890 [1946]) Filipino citizens2. who by themselves or through their predecessors-in-interest have been, prior to the effectivity of PD 1073 (January 25, 1977), in open, continuous, exclusive and notorious possession and occupation of agricultural lands of the public domain under a bona fide claim of acquisition of ownership, for at least 30 years, or at least since January 24, 1947 (RA 1942, Dir. Of Lands v. IAC and ACME, 146 SCRA 509 [1986]). Private corporations or associations3. which had acquired lands, formerly part of the alienable and disposable lands of the public domain,

4.

from Filipino citizens who had possessed the same in the manner and for the length of time indicated in 1 and 2 above (Dir. Of Lands v. IAC and ACME, 146 SCRA 509 [1986]). Natural born citizens of the Philippines who may have lost their Philippine citizenship, who have acquired disposable and alienable lands

NOTEconfir 141 at the time of the institution of the registration

of the public domain from Filipino citizens who had possessed the same in the manner and for the length of time indicated in 1 and 2 above (Republic v. CA, 235 SCRA 567 [1994]).

: A private corporation may institute mation proceedings under Sec. 48(b) of CA

ifproceedings, the land was already private land (Director of Lands v. IAC and ACME, 146 SCRA 509 [1986]).



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• As long as the land is already considered as having become “private” through prescription,

a corporation may institute confirmation proceedings. Having a PRIVATE character (no longer public), the land would no longer be barred by the Constitution to be owned by a corporation. Land has already become PRIVATE, ipso jure, when previously acquired by prescription by a natural person.

Natividad v. CA, 202 SCRA 439 (1991) Determinative of this issue is the character of the parcels of land – whether they were still public or already private – when the registration proceedings were commenced. If they are already private lands, the constitutional prohibition against acquisitions by a private corporation would not apply. WHAT APPLICANT MUST PROVE: • The land is alienable and disposable land of

the public domain, and • His possession was for the length of time and

in the manner and concept required by law NOTE ting

equirements are the same as those required in : Form, Contents, Notice, Mailing, Pos

Roriginal registration under PD 1529. Director of Lands v. CA, 106 SCRA 426 (1981) A judicial declaration that a parcel of land is public, does not preclude even the same applicant from subsequently seeking a judicial confirmation of his title to the same land, provided he thereafter complies with the provisions of Sec. 48 of CA 141, as amended and as long as said public land remains alienable and disposable. PROOF OF PRIVATE OWNERSHIP: STOP

1. Spanish title (inadmissible and ineffective proof eedings

2.

of ownership in land registration procfiled after Aug. 16, 1976) Tax declarations and tax payments (not conclusive evidence of ownership, must be

3.

coupled with proof of actual possession for the period required by law) Other kinds of proof (ex. testimonial evidence to prove accretion, deeds of sale)

4. Presidential issuances and legislative acts (constitutive of a fee simple title or absolute title

in favor of the grantee, a law ceding full ownership to a government institution)

Santi ber 20, ago v. SBMA, GR No. 156888, Novem2006

FACTS: Rodriguez is claiming to be the sole heir and administrator of the estate of Hermogenes Rodriguez who, in his lifetime, was the owner of parcels of land registered in his name under a Spanish title. Rodriguez leased the parcels of land to Santiago and Mateo for a period of 50 years. By virtue of the lease, Santiago is presently occupying the land. SBMA, on the other hand, is claiming possessory, if not proprietary, rights over the parcels of land, by using them for its own commercial and other purposes. ISSUE: Whether or not Spanish Titles are still admissible as evidence of ownership of lands HELD: No. Although PD 892 reads: “Whereas, Spanish titles to lands which have not yet been brought under the operation of the Torrens system, being subject to prescription, are now ineffective to prove ownership unless accompanied by proof of actual possession…,” petitioners cannot claim that they can still present the Spanish title as proof of ownership since they were in actual possession. Actual proof of possession only becomes necessary because Spanish titles are subject to prescription. The holder of a Spanish title may still lose his ownership of the real property to the occupant who actually possesses the same for the required prescriptive period. Because of this inherent weakness, the applicant for registration of his Spanish title under the Torrens system must also submit proof that he is in actual possession of the real property by virtue of prescription. Taking the law as a whole, it has clearly set a deadline for the filing of applications for registration of ALL Spanish titles under the Torrens system (i.e., 6 months from its effectivity or on 14 August 1976), after which, the Spanish titles may no longer be presented to prove ownership. Therefore, the fact that petitioners were in actual possession of the property when they filed the complaint with the RTC on April 29, 1996 does not exclude them from the application of PD 892, and their Spanish title remain inadmissible as evidence of their ownership of the property, whether in a land registration proceeding or in an action to remove a cloud on or to quiet title. However, this does not bar holders of Spanish titles from claiming ownership of real property on some other basis, such as those provided in PD 1529 or in the Public Land Act. For sure, Spanish titles can no




Page 279 of 297

longer be countenanced as indubitable evidence of land ownership. JUDGMENT is a decision of court constituting its opinion after taking into consideration the evidence submitted. •

ver, notwithstanding the lapse of the 15-

se until the expiration of 1 year after

POST

1. sful party litigant; no

prescription against: (1) the loser and (2) rsely occupying

for

2. Wriposintrointe

MEAN

1. 2. detainer 3. Accion publiciana

DECREE OF REGISTRATION :

by the LRA pursuant to the

• Binds the land, quiets title thereto, subject only s may be provided

• all persons including the

CONT F THE DECREE: DMD-DO

It becomes final upon the lapse of 15 days counted from the receipt of notice of the judgment.

• Howeday period from receipt of judgment by the parties, the court continues to retain control over the cathe entry of decree of registration by the LRA (Republic v. Assosacion Benevola de Cebu, 178 SCRA 692 [1989]).

-JUDGMENT INCIDENTS Writ of Possession: order to sheriff to deliver the land to the succes

anyone unlawfully and adve• When writ may not issue: When a party

entered into property after issuance of final decree, is not an oppositor in registration proceeding, and is in possession of land at least 10 years t of Demolition: the complement of writ of session; to demolish improvements duced by oppositor or his successor in

rest

S TO RECOVER POSSESSION: Forcible entry Unlawful

4. Accion reivindicatoria

• The decree issuedorder of the court.

to such exceptions or liens aby law Conclusive upon government

ENTS O1. Date, hour and minute of its entry

Whether the owne2. r is married or unmarried, and if married, the name of the spouse;

l property, ame of both

3.

provided that if the land is conjugathe decree shall be issued in the nspouses If the owner is under disability, the nature of

such disability, and if a minor, his age Description4. of the land and shall set forth the estate of the owner, and also show their relative easements, liens, attachments, and other encumbrances

5. Other matters to be determined in pursuance of the law

ESS OF ISSUING TH PROC E OCT:

t directing registration of title – court orders the LRA to issue decree of registration

3. as a consequence of the

troduced by the defeated

4.

6. date of entry

10.

ATTRC STERED L

. Free from liens and encumbrances er character

the issuance of the certificate of title are cut off

ficate so

b. i

1. Within 15 days from finality of order of judgmen

and certificate of title 2. Clerk of court will send order of court and

copies of judgment Writ of Demolition may be issued. The court has authority to order,writ of possession issued by it, the demolition of improvements inoppositor or his successor-in-interest Administrator will issue a decree of registration and original and duplicate of OCT that is signed by the Administrator, entered and file decree of registration in LRA

5. Send to ROD the original and duplicate of title and certificate for entry in his registration book Enter in record book, dated, signed, numbered and sealed to take effect upon

7. ROD to send notice to registered owner ready for delivery after payment of fees

8. ROD shall send duplicate and note on each certificate of title to whom it is issued

9. Original copy to be filed in ROD Bound in consecutive order

IBUTES AND LIMITATIONS ON

ERTIFICATES OF TITLE AND REGIANDS: 1

a. Claims and liens of whatevexisting against the land prior to

by such certificate and the certiissued binds the whole world, including the government. EXCEPTIONS: CNT-PD . Those noted on the certificate . Liens, claims, or rights arising or

existing ii

under the laws and the are not by law Constitution, which

required to appear on record in the

iii. Register of Deeds in order to be valid Unpaid real estate taxes levied and assessed within 2 years immediately preceding the acquisition of any right over the land by an innocent purchaser




Page 280 of 297

for value Any public highwayiv. , or private way established or recognized by law, or any government irrigation, canal or lateral thereof, if the certificate of title

v.

does not state the boundaries of such highway or irrigation canal or lateral thereof have been determined Any disposition of the property or limitation on the issue thereof pursuant to PD 27 or any other law or regulations on agrarian reform

2. Ina. GEN

yeaof r ree and

of title

b.

controvertible and indefeasible ERAL RULE: Upon expiration of 1

r from and after the entry of the decree egistration in the LRA, the dec

the corresponding certificatebecomes incontrovertible and indefeasible. EXCEPTIONS: PNF i. If previous valid title of the same land

exists ii. When land covered is not capable of

registration iii. When acquisition of certificate is

attended by fraud

Arguell ancaya, 72 SCRA 193 es v. Timb(1976) The rul e nature of a e on the incontrovertiblcertificate of title applies when what is involved is the validity of the OCT, not when it concerns that of the TCT. Registered land not subject to prescription a. Even adverse, notorious and continuous

possession

3.

under claim of ownership for the period fixed by law is ineffective against

b.

acquired by

c.

ons which may be affected or

a Torrens title (JM Tuason and Co. Inc. v.CA, 93 SCRA 146 [1979]). The fact that the title to the land was lost does not mean that the land ceased to be registered land before the reconstitution of its title. It cannot perforce beprescription (Ruiz v. CA, 79 SCRA 525 [1977]). Laches may be invoked to bar reconveyance of land to the registered owner only if there are intervening rights of third persprejudiced if such land is returned to the registered owner (De Lucas v. Gamponia, 100 Phil 277 [1956]).

Feliciano v. Spouses Zaldivar, GR No. 162593, Sep. 26, 2006

FACTS: Remigia Feliciano filed a complaint against the spouses Zaldivar for the declaration of nullity of TCT No. T-17993 and reconveyance of the property covered therein. The said title is registered in the name of Aurelio Zaldivar. Remigia alleged that she was the registered owner of a lot, part of which is that covered by both the above TCT and TCT No. 8502. It was originally leased to Pio Dalman, Aurelio’s father-in-law. She attempted to mortgage the lot to Ignacio Gil, but the mortgage did not push through. She vehemently denies ever executing a joint affidavit confirming the sale to Gil and insists that TCT No. 8502 was never lost. The Zaldivars, on the other hand, claimed that Aurelio bought the property from Dalman who, in turn, bought the same from Gil in 1951. Gil allegedly purchased the property from Remegia, the sale of which was evidenced by the joint affidavit of confirmation of sale that Remegia and her uncle purportedly executed before a notary public in 1965. Aurelio then filed a petition for the issuance of a new owner’s duplicate copy of TCT No. T-8502 because when they asked Remegia about it, she claimed it had been lost. A petition for partial cancellation of the said TCT was granted and TCT No. 17993 was issued in Aurelio’s name. They also allege that they and their predecessors-in-interest have been occupying the said property since 1947, openly, publicly, adversely, and continuously or for 41 years already. ISSUE: Who is the real owner of the subject lot? HELD: Remegia is the real owner. With respect to the claim of acquisitive prescription, it is baseless when the land involved is a registered land since no title to registered land in derogation of that of the registered owner shall be acquired by adverse possession. Consequently, proof of possession by the Zaldivars is both immaterial and inconsequential. Neither can the spouses rely on the principle of indefeasibility of TCT No. 17993 by virtue of the fact that TCT No. 8502 in the name of Remegia has remained valid. Remegia’s title, thus, prevails over Aurelio’s, especially considering that the latter was correctly nullified by the RTC




Page 281 of 297

as it emanated from the new owner’s duplicate TCT No. 8502, which, in turn, was procured by Aurelio through fraudulent means. Laches has not set in against Remegia as she merely tolerated the occupation by the Zaldivars of the subject lot. Therefore, Remegia’s right to recover possession was never barred by laches.

4. Certificate of title not subject to collateral

attack a. Sec. 48 of PD 1529 provides that “a

certificate of title shall not be subject to

ified, or cancelled except in a direct

5. Tordeva.

rly

ce of

b.

collateral attack. It cannot be altered, modproceeding in accordance with the law.” rens Certificate presumed valid and oid of flaws GENERAL RULE: Torrens Certificate of Title is presumed to have been regulaissued, valid, and without defects. The buyer has the right to rely upon the fathe Torrens title and dispense with the trouble of inquiring further. EXCEPTION: When he has actual knowledge of facts and circumstances that would impel a reasonably cautious man to make inquiry.

Erasusta, Jr. v. CA, GR No. 149231, July 17, 2006 FACTS: Lucena (petitioner’s mother) sold 2 de los Reyes lots to Fortunato Amorin. Amorin took possession of such properties. Later, however, Pacific Bank demanded that the Amorins vacate the properties, claiming that such property had been foreclosed by such Bank. As it turned out De Los Reyes was deceived by a certain Benjamin Valenzuela, to whom she entrusted the documents evidencing her rights over the lots, the latter fraudulently transferred the rights over the lots to his name. Valenzuela mortgaged such properties to Pacific Bank. Respondent Bank foreclosed and bought the properties. The Amorins filed an action for Recovery of Ownership with Damages. CA declared respondent Bank an innocent purchaser for value entitled to the protection of the law with a better right over the lots than the Amorins. ISSUE: Whether or not the Bank is an innocent purchaser for value whose title must be upheld. HELD:

NO. While, it is a familiar doctrine that a forged or fraudulent document may become the root of a valid title, if the property has already been transferred from the name of the owner to that of the forger, the same is not true. This doctrine serves to emphasize that a person who deals with registered property in good faith will acquire good title from a forger and be absolutely protected by a Torrens title. It cannot be overemphasized that respondent Bank, being in the business of extending loans secured by real estate mortgage, is familiar with rules on land registration. As such, it was, as here, expected to exercise more care and prudence than private individuals in their dealing with registered lands. Accordingly, given inter alia the suspicion-provoking presence of occupants other than the owner on the land to be mortgaged, it behooved respondent Bank to conduct a more exhaustive investigation on the history of the mortgagor’s title. That respondent Bank accepted in mortgage the property in question notwithstanding the existence of structures on the property and which were in actual, visible and public possession of a person other than the mortgagor, constitutes gross negligence amounting to bad faith. In the absence of such inquiry, the respondent Bank cannot and should not be regarded as a mortgagee/purchaser in good faith.

a. From any rights incident to the relation and

e.

6. General incidents of registered land • Registered land or the owners thereof are

not relieved from the following:

of husband and wife, landlordtenant

b. From liability to attachment or levy on execution

c. From liability to any lien of any description established by law on the land and buildings thereon, or in the interest of the owner in such land or buildings

d. From any right or liability that may arise due to change of the law on descent From the rights of partition between co-owners

f. From the right of the government to take the land by eminent domain

g. From liability to be recovered by an assignee in insolvency or trustee inbankruptcy under the laws relative to preferences

h. From any other rights or liabilities

QuickTime™ and aF (Uncompressed) deare needed to see thi


Page 282 of 297

TIF compressors picture.

created by law and applicable to unregistered land e certificate o7. Wher f title is obtained by a

tra. T

na held in trust by him t

g on the registrations, such being

b.

of

SUBSEQUE

ustee rustee who obtains a Torrens title in his me, over property

for another cannot repudiate the trusrelyinone of the limitations upon the finality of title Trustee could not perforce legally convey ownership of the registered property in her will for she is not the absolute owner there

NT REGISTRATION

e incidental matters after original ration m

• Wherregist ay be brought before the land registration court by way of motion or petition

ner or a party in

•

t a registered land, the mere execution

cuments serve only 2

such documents 2.

inst ROD of the province or

ope ownership or

3.

ocess.

filed by the registered owinterest. Rules as to the necessity and effects of registration in general 1. Except a will that purports to convey or

affecof the deeds of sale, mortgage, or lease or other voluntary dopurposes: a. as a contract between the parties

thereto, and b. as evidence of authority to the ROD to

registerIt is only the act of registering the

rument in thecity where the land lies which is the

rative act that conveys affects the land insofar as third persons are concerned. The act of registration creates a constructive notice to the whole world of such voluntary or involuntary instrument or court writ or pr

VOLUNTARY DEALINGS

INVOLUNTARY DEALINGS

Refer to dstruments, or

docum results d

the

er to such writ or order or process issued by aaffecti

e

ner

eeds, Refin

ents which are of the free an

voluntary acts ofparties thereto

court of record ng registered land

which by law should bregistered to be effective, and also tosuch instruments which are not the willful acts ofthe registered owand which may have

been executed even without his knowledge or against his consent

• Sale • Real property mortgage • Lease • Pacto de retro sale • Extra-judicial settlement • Free patent/homestead • Powers of attorney • Trusts

• Attachment • Injunction • Mandamus • Sale on execution of judgment or sales for taxes • Adverse claims • Notice of lis pendens

An innocent purchaser for value of registered land becomes the registered

e moment he

y f the ROD is

all

ot

owner thpresents and files a duly notarized and valid deedof sale and the same is entered in the day bookand at the same time he surrenders or presents the owner’s duplicate certificate of title coveringthe land sold and pays the registration fees

Entry thereof in the dabook osufficient notice topersons even if the owner’s duplicate certificate of title is npresented to the ROD

Need to present title to record the deed in registry & to make memorandum on title

No presentation required; annotation in entry book is sufficient

VOLUNTARY DEALINGS Operative Act: registratioregistere

n bd, it is binding only between parties

• GENERAL RULE: Where there is nothing on to indicate any cloud or

y r is not

•

o behind the certificate to

y owner, if deed is not

the certificate of titlevice in the ownership of the property, or anencumbrance thereon, the purchaserequired to explore further than what the Torrens title upon its face indicates in quest for any hidden defect or inchoate right that may defeat his right thereto (Fule v. Legare, 7 SCRA 351 [1963]). Every person dealing with registered land may safely rely on the correctness of the certificate of title issued therefore and the law will in no way oblige him to gdetermine the condition of the property. Even if a decree in a registration proceeding is infected with nullity, still, an innocent purchaser for value relying on a Torrens title issued in pursuance thereof is protected (Cruz v. CA & Suzara, 281 SCRA 491 [1997]). Although generally a forged or fraudulent deed is a nullity and conveys no title, however, there are instances where such a fraudulent document may become the root o

•

f a valid title.

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Page 283 of 297

TIFF (Uncompressare needed to s

One such instance is where the certificate of title was already transferred from the name of the true owner to the forger, and while it remained that way, the land was subsequently sold to an innocent purchaser (Fule v. Legare, 7 SCRA 351 [1963]). EXCEPTIONS: BOB-IM-LK 1. Where the purchaser or mortgagee is a

bank/financing institution

•

, the general rule that a purchaser or mortgagee of the land

urther than what

2.

is not required to look fappears on the face of the title does not apply (Dela Merced v. GSIS, 365 SCRA 1 [2001]). The ruling in Fule v. Legare cannot be applied where the owner still holds a valid and existing certificate of title covering the same property because the law protects

3.

the lawful holder of a registered title over the transfer of a vendor bereft of any transmissible right (Tomas v. Tomas, 98 SCRA 280 [1980]). Purchaser in bad faith (Egeo v. CA, 174 SCRA 484 [1989]) Sufficiently strong indications to impel 4. closer inquiry into the location, boundaries,

7]). and condition of the lot (Francisco v. CA, 153 SCRA 330 [198

5. Where a person buys land not from the registered owner but from one whose rights to the land has been merely annotated on the certificate of title (Quiniano v. CA, 39

6. SCRA 221 [1971]). Purchases land with a certificate of title containing a notice of lis pendens Purchaser had full knowledge7. of flaws and defects in the title (Bernales v. IAC, 166

PROC

1. Fileinte te of title with ROD,

cluding:

e of full payment of real estate tax er: 1 additional copy for

2. RO make a memorandum on the

3. RMORT

a form sufficient in law

(public instrument) d lies

nt deed of mortgage together with

of

time of filing, signature, file number

3.

REGISTR1. Execution of document

r with affidavit of good faith

k in strict order of their

eto (primary process) nters in a more detailed form

EFFE

1. e mortgagee

2. Constructive notice of his interest in the d

EFFE GISTER:

• If instead of registration, it is delivered, it shall tgage (if no

• owledge is same effect as registration AFFID•

specified st obligation

ntered into for purposes of

EFFE O OOD FAITH• Vitiates mortgage as against creditors and

subsequent encumbrancers • Mortgage is not valid as between parties

SCRA 519, [1988]).

ESS OF REGISTRATION: (GENERALLY) the instrument creating or transferring the rest and the certifica

ina. Owner’s duplicate b. Payment of fees and documentary stamp

tax c. Evidencd. Document of transf

city/provincial assessor D shall

certificate of title, signed by him Issuance of the TCT

EGISTRATION OF REAL PROPERTY GAGE:

1. Execution of deed in

2. Registration with ROD where the lana. Preseb. Owner’s Duplicate and affidavit of good

faith c. Payment of fees d. ROD shall enter upon original certificate

title and upon duplicate a memorandum (date,assigned to deed)

e. ROD to note on the deed the date and time of filing, and reference to volume and page of the registration book in which it was registered

No duplicate need be issued

ATION OF CHATTEL MORTGAGE:

2. Present the document togethe

3. Payment of fees 4. ROD enters in Day Boo

presentation chattel mortgages and other instruments relating ther

5. ROD thereafter ethe essential contents of the instrument in the Chattel Mortgage Register (complementary process)

CT OF REGISTRATION: Creates a lien that attaches to the property in favor of th

property to the whole worl

CT OF FAILURE TO RE• Valid between parties but void against 3rd

persons

be a pledge and not a chattel morchattel mortgage deed executed) Actual kn

AVIT OF GOOD FAITH: Statement that: 1. Mortgage is made to secure obligation

2. That it is a valid and ju3. That it is not e

fraud

CT F ABSENCE OF AFFIDAVIT OF G:




Page 284 of 297

• No need to be in public document R• r, who is required

F ating lease together with owner’s duplicate of certificate of

NOTE en there is prohibition in mortgaged prlease ered in the title thereof

FFECT OF REGISTRATION: rights

s but not to 3 persons without notice

M1. ranted temporary rights for

2. nother 25 years

WH REG

1. Implied Trust: present a sworn statement claiming interest by reason of an implied trust

number of certificate shall be registered in

REGICOUR

certificate • Cancel duplicate & new certificate shall be

IN

EGISTRATION OF LEASE It is the lessee, not the lessoto initiate the registration.

1. ile with ROD the instrument cre

title 2. ROD to register by way of memorandum upon

certificate of title 3. No new certificate shall be issued

: Whoperty as regards subsequent conveyances, etc.,

hold cannot be regist

E1. Creates a real right but without prejudice to

of 3rd persons 2. If it is not registered, it is valid as between partie

rd

AY ALIENS REGISTER LEASE? YES

May be gresidential purposes

Limit: 25 years, renewable for a

O ELSE MAY REGISTER? Builder in Good Faith

ISTRATION OF TRUST

with description of land and reference to the

ROD 2. Express Trust: instrument creating the trust

does not prohibit registration

STRATION OF APPOINTED TRUSTEE BY T

• Certified copy of decree shall be presented to ROD and surrender duplicate

entered by ROD

VOLUNTARY DEALINGS: Transactions affecting land in • which

is will

rty, rights, credits, or effects of the defendant to satisfy demands

f

REG OF ATTACHMENT/OTHER LIENS:

1. C o preserve any lien, right, or istered land may be filed with ROD where land lies, containing

ected or description of land

3. of title is not

tion and request him to

made

c.

ed therein 4.

dup

EFFECTS ATTACHMENT: R

1.

cooperation of registered owner is not needed, or even against h

1. ATTACHMENT • A writ issued at the institution or during

progress of an action commanding the sheriff to attach the prope

of the plaintif• Kinds:

a. Preliminary b. Garnishment c. Levy on execution

ISTRATION

opy of writ in order t attachment upon reg

number of certificate of title of land to be aff

2. ROD to index attachment in names of both plaintiff and defendant or name of person for whom property is held or in whose name stands in the records If duplicate of certificate presented: a. ROD shall, within 36 hours, send notice to

registered owner by mail stating that there has been registraproduce duplicate so that memorandum may be

b. If the owner neglects or refuses to comply, the ROD shall report the matter to the court The court, after notice, shall enter an order to owner to surrender certificate at the time and place nam

Although notice of attachment is not noted in licate, notation in book of entry of ROD

produces the effect of registration already.

OF REGISTRATION OF EEA

Creates real right Has priority over execution sale2.

3. But between 2 attachments, one that is earlier in registration is preferred

4. If it is not registered, actual knowledge is the n

2. • n on

all be filed with ROD where land lies

tion book & memorandum

• egistration of attachment

a.

n of delinquent

same as registratio EXECUTION SALE

To enforce a lien of any descriptioregistered land, any execution or affidavit to enforce such lien sh

• Register in registraupon proper certificate of title as adverse claim or as an encumbrance To determine preferential rights between 2 liens: priority of r

TAX SALE • Sale of land for collectio

taxes and penalties due the government




Page 285 of 297

• In personam (all persons interested shall be notified so that they are given an

y to be heard)

nspicuous place

of the

•

• an attachment

• sale of registered land to o be

PROCEDURE OF REGISTRATION OF TAX SALE:

1. Otogeth

2. Regis gistration book 3. Memorandum shall be entered in the certificate

stration ancelled and

5. e sent to

3.

opportunit• Notice to be given to delinquent tax

payer at his last known address • Publication of notice must also be made

in English, Spanish, and local dialect, posted in a public and coin the place where the property is situated and at the main entrance provincial building Sale cannot affect rights of other lien holders unless given the right to defend their rights: due process must be strictly observed Tax lien superior to

• There is no need to register a tax lien because it is automatically registered once the tax accrues But the foreclose a tax lien needs tregistered

fficer’s return shall be submitted to the ROD er with the owner’s duplicate title ter in the re

as an adverse claim or encumbrance 4. After a period of redemption has expired and

no redemption made (2 years from regiof auction sale), title must be cnew title will be issued Before the cancellation, notice shall bregistered owner, to ask him to surrender title and show cause why it shall not be cancelled

ADVERSE CLAIM Sajonas v. CA, 258 SCRA 79 (1996) ADVERSE CLAIM is a notice to third persons th e at someone is claiming an interest on thproperty or has a better right than the registered owner thereof. The disputed land is subject to the outcome of the dispute. • Claim is adverse when:

1. A claimant’s right or interest in registered land is adverse to the registered owner;

2. Such right arose subsequent to date of original registration

made in the Decree

3. No other provision isfor the registration of such right or claim (Sec. 70, PD 1529)

Sanche 7 (1976)z v. CA, 69 SCRA 32

A mere money claim cannot be registered as an adverse claim. • Actual knowledge is equivalent to registration

erse claim based on the same ground may be registered by the same

FORFOR

a. Aw

of adverse claim. • No 2nd adv

claimant.

MAL REQUISITES OF AN ADVERSE CLAIM PURPOSES OF REGISTRATION: WNR

dverse claimant must state the following in riting:

1. his alleged right or interest 2. how and under whom such alleged right or

b.

interest is acquired 3. the description of the land in which the right

or interest is claimed 4. the certificate of title number Such statement must be signed and sworn to before a notary public Claimant shall state his residencec. or place to which all notices may be served upon him

NOTErein

celled: g

c.

: Noncompliance with said formal requisites

nders such adverse claim non-registrable and effective.

PERIOD OF EFFECTIVITY; WHEN CANCELLED • The adverse claim shall be effective for a

period of 30 days from the date of registration and it may be cana. After the lapse of 30 days, upon the filin

by the party-in-interest of a verified petition for such purpose

b. Before the lapse of said 30 days, upon the filing by the claimant of a sworn petition withdrawing his adverse claim Before the lapse of the 30-day period, when a party-in-interest files a petition in the proper RTC for the cancellation of the adverse claim and, after notice and hearing, the court finds that the claim is invalid. If the court also finds the claim to be frivolous, it may fine the claimant the amount of not less than 1,000 pesos nor more than 5,000 pesos, in its discretion

Diaz-Duarte v. Ong, 298 SCRA 388 (1998) For this purpose, the interested party must file with the proper court a petition for cancellation of adverse claim, and d. a hearing must also first be conducteThe Register of Deeds cannot on its own automatically cancel the adverse claim.




Page 286 of 297

Ty Sin Tei v. Dy Piao, 103 Phil 858, G.R. No. 11271, May 28, 1958 An adverse claim may exist concurrently with a subsequent annotation of a notice of lis pendens. Villaflor v. Juezan, 184 SCRA 315 (1990) When an adverse claim exists concurrently with a notice of lis pendens, the notice of adverse claim may be validly cancelled after the registration of such notice, since the notice of lis pendens also serves the purpose of the adverse claim.

4. NOTICE OF LIS PENDENS Heirs of Marasigan v. IAC, 152 SCRA 253 (1987) The purpose of the notice of lis pendens is to constructively advise, or warn all people who deal with the property that they so deal with it at their own risk, and whatever rights they may acquire in the property in any voluntary transaction are subject to the results of the action, and may well be inferior and subordinate to those which may be finally determined and laid down therein. • It merely creates a contingency and not a lien

WHEN NOTICE OF LIS PENDENS IS PROPER: RQCPO

1. To recover possession of real estate 2. To quiet title thereto 3. To remove clouds upon the title thereof 4. For partition, and 5. Any other proceeding of any kind in court

title to the land or the use eon.

E1.

. It may still be alienated but the purchaser is of pending suit

CANC

1. After showing that notice is only for purpose of

directly affecting the of occupation thereof or the building ther

FFECT OF REGISTRATION:

Impossibility of alienating the property in dispute during the pendency of the suit

2subject to the final outcome

3. ROD is duty-bound to carry over notice of lis pendens on all new titles to be issued

ELLATION OF LIS PENDENS: M-NUVD • Before final judgment, the court may order

the cancellation:

molesting an adverse party 2. When it is shown that it is not necessary to

protect the right of the party who caused the

3. registration thereof When the consequences of the trial areunnecessarily delaying the determination of the case to the prejudice of the other party ROD may also can4. cel by verified petition of

5. osal

party who caused such registration Deemed cancelled when certificate issued by clerk of court stating manner of disp of

LFOLL

1. 2. Proceedings for the probate of wills

s for administration of estate of

ject is the judgment

OTHE TO REGISTER:

• Duty of the officer serving notice to file erty

or appointed by court

with the bankrupt’s

•

Proegistered

• Surrender title issued in name of tled to

f new certificate

2. GO• Copy of judgment filed in ROD which

stat erty, certificate number, interest expropriated, nature of

CADAST TRATION

proceeding is registered

IS PENDENS HAS NO APPLICATION TO THE OWING: Preliminary attachment

3. Levies on execution 4. Proceeding

deceased persons and 5. Proceedings in which the only ob

recovery of a money

R PARTIES WHO NEED1. ASSIGNEE IN INVOLUNTARY PROCEEDING

FOR INSOLVENCY

copy of notice to ROD where the propof debtor lies

• Assignee electedshall be entitled to entry of a new certificate of registered land upon presentment of copy of assignment duplicate certificate of title New certificate shall not state that it is entered to him as assignee or trustee in insolvency proceedings

Judgment/Order Vacating Insolvency ceedings • Order shall also be r

assignee & debtor shall be entientry o

VERNMENT IN EMINENT DOMAIN

es description of prop

public use • Memorandum shall be made or new

certificate of title shall be issued

RAL REGIS is a proceeding in rem initiated by the filing of a petition for registration by the go ing vernment, not by the persons claimownership of the land subject thereof, and the latter are, on the pain of losing their claim thereto, in effect, compelled to go to court to make known their claim or interest therein and to substantiate such claim or interest • The government does not seek registration of

the land in its own name

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Page 287 of 297

• The objective of the proceeding is ad

the judication of title to the lands involved in the

P

1.

proceeding

ROCEDURE: NN-CP-PAHD-DI Notice of cadastral survey published once in OG and posted in conspicuous place with a copy furnished to the mayor and barangay captain

2. Notice of date of survey by the Bureau of Land Management and posting in bulletin board of the municipal building of the municipality or barrio, and he shall mark the boundaries of the lands by monuments set-up in proper places thereon Cadastral survey3. Filing of petition4. Publication5. (twice in successive issues of OG), mailing, posting

6. Filing of answer 7. Hearing of the case 8. Decision 9. Issuance of the decree and certificate of title

NOTEadjudi ownership in favor of one or more cl a e

roperty is declared public land. Additionally, while

: The cadastral court is not limited to mere cation of

aim nts. If there are no successful claimants, thpthe court has no jurisdiction to adjudicate lands already covered by a Certificate of Title, it is nonetheless true that this rule only applies where there exists no serious controversy as to the certificate’s authenticity vis-à-vis the land covered therein (Republic v. Vera, 120 SCRA 210 [1983]).

PD 1529 Cadastral Nature Voluntary Compulsory Applicant Landowner Director of

Lands Lands covered • us

ivate

• it may also blic

if the

title

• aually involves prland

refer to puagricultural landsobject of the action is confirmation ofan imperfect

ll classes of lands are included

Parties Applicant and opponent

Government, Landowners must come to court as claimants of their own lands

Purpose Petitioner comes to court to confirm his title and seeks the registration

in his

to

of the landname

Government asks the court settle andadjudicate the title of the land

Person who requests the survey

Landowner Government

Effect of judgment

ant fails to prove his title, his

y issed

ta)

if none of the applicants can

is entitled to the land, the same

• no adverse claim • if the applic

application mabe dismwithout prejudice (no res judica

•

prove that he

shall be declared public (res judicata)

PATENTS CLASSIFICATIO ND OF PU : • The classification is the exclusive prerogative

of executive and not by judiciary • Anyone who applies for confirmation of

fect title has the burden of proof to

UN1234. National park

T:

commercial, industrial , charitable

lic and quasi-

2. enable 3.

d, it is void ab

• ect to acquisitive prescription for long time, it will p

guration of

N OF LA BLIC DOMAIN

imperovercome the presumption that the land sought to be registered forms part of public domain (Regalian doctrine)

DER THE CONSTITUTION: . Agricultural – only one subject to alienation . Forest or timber . Mineral lands

UNDER THE PUBLIC LAND AC1. Alienable/disposable:

a. Agricultural b. Residential, c. Educationald. Town sites and for pub

public uses Timber lands: inaliMineral lands: inalienable • If patent or title is issue

initio for lack of jurisdiction It is not subjeven if in possession not ripen into ownershi

• Except: mineral lands and forest lands acquired before inauCommonwealth in November 15, 1935 because there are vested rights which are protected

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FISHPOND• Befor

agricuagricu fishponds did not change character of land

has a restricted meaning; Fishponds

WHEN GRANT DEEMED A

1.

2. Registered with the ROD: mandatory, it is the tle

open and

sed to be part of public domain &

same

gistration, title is indefeasible TITLE IS TION OF PA E

1. In istered, and deemed in after the issuance of patent

se, confusion and uncertainty on the

ction, may direct reconveyance

HOMES

1. Cappro

2. Cannyears after approval of patent application

eirs within 5 years

4. , association

ecretary

EXCE

1.

2. favor of the government

EDELIC

• Violation of prohibition results in void contract

S e: It was included in the definition of lture, therefore the conversion of ltural land to

• Now: It have a distinct category and cannot be alienated but may be leased from government

GOVERNMENT CQUIRED BY OPERATION OF LAW:

Deed of conveyance issued by government patent/grant

operative act to convey and transfer ti3. Actual physical possession,

continuous • Land cea

now ownership vests to the grantee • Any further grant by Government on

land is null and void • Upon re

SUED PURSUANT TO REGISTRAT NT:

defeasible when regcorporated with Torrens system 1 year

2. May not be opened 1 year after entry by LRA (otherwigovernment system of the distribution of public lands may arise and this must be avoided) Except: if it is annullable on ground of fraud, then it may be reopened even after 1 year because registration does not shield bad faith • The court, in the exercise of its equity

jurisdieven without ordering cancellation of title

TEAD RESTRICTIONS: annot be alienated within 5 years after

val of application for patent ot be liable for satisfaction of debt within 5

3. Subject to repurchase of hafter alienation when allowed already No private corporation, partnershipmay lease land unless it is solely for commercial, industrial, educational, religious or charitable purpose, or right of way (subject to consent of grantee and approval of Sof Environment & Natural Resources)

PTIONS:

Action for partition because it is not a conveyance Alienations or encumbrances made in

RRING HOMESTEADER NOT BARRED BY PARI

TO • Pari delicto rule does not apply in void

contracts

• Action to recover does not prescribe KINDS TO WHOM

GRANTED REQUIREMENTS

HO SME TEAD PATENT

To any Filipino citizen over the age of 18 years or head of a family

• does not own more than 12 hectares of land in the Philippines or has not had the benefit of any gratuitous allotment of more than 12 hectares • must have resided continuously for at least 1 year in the municipality where the land is situated • must have cultivated at least 1/5 of the land applied for

FREE PATENT To any natural born citizen of the Philippines (filing ended Dec. 31, 2000)

• does not own more than 12 hectares of land • has continuously occupied and cultivated, either by himself or his predecessors-in-interest, tracts of disposable agricultural public land for at least 30 years prior to March 28,1990 • paid real property taxes on the property while the same has not been occupied by any person • grant will be limited to 12 hectares only

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Page 289 of 297

nd ampressoricture.

SALES PATENT

Citizens of the Philippines of lawful age or head of the family may purchase public agricultural land of not more than 12 hectares To any citizen of legal age for residential purposes

• to have at least 1/5 of the land broken and cultivated within 5 years from the date of the award (public auction) • shall have established actual occupancy, cultivation, and improvement of at least 1/5 of the land until the date of such final payment • for agricultural lands suitable for residential, commercial or industrial purposes, patent is issued only after: 1.) full payment of purchase price, and 2.) completion of the construction of permanent improvements appropriate for purpose for which the land is purchased (must be completed within 18 months from date of award) • does not own a home lot in the municipality in which he resides • in good faith, established his residence on a parcel of land of public domain not needed for public service • not more than 1000 sq. m. • occupant must have constructed his house on the land and actually

resided therein • no public auction required • not subject to any restriction against encumbrance or alienation

SPECIAL PATENT

To Non-Christian Filipinos under the Public Land Act

• Secretary of the DILG shall certify that the majority of the non-Christian inhabitants of any given reservation have advanced sufficiently in civilization

PROCEDURE FOR REGISTRATILANDS: IFEFI

1. Official issues

ON OF PUBLIC

an instrume ce 2. File

nt of conveyan the instrument with RO

3. Instrument is to be enteredD

in books and

rument is only a contract between

conveyance if

and; evidence

4. Fee

owner’s duplicate to be issued • Inst

Government and private person anddoes not take effect as unregistered, it is registration which is operative act of conveying lof authority for ROD to register s to be paid by grantee r issuance5. Afte of certificate of title, land is med registered land within the purview of Torrens system

deethe

RESTRI CUMBRANCE OF

1. Lis g alienated/encumbered, except if in favor of the government, within 5

ga,

2.

3. ancipation patents

4. ncumbrances made by

in which the

CTION ON ALIENATION/ENLANDS TITLED PURSUANT TO PATENTS:

ands under free patent or homestead patent prohibited from bein

years from and after the issuance of the patentor grant (Republic v. Heirs of Felipe AlejaSr., 393 SCRA 361 [2002]) Transfer or conveyance of any homestead after 5 years and before 25 years after the issuance of the title without the approval of the DENR Secretary Lands acquired under emissued to landless tenants and farmers must not be alienated or encumbered within 10 years from issuance of the title Conveyances and epersons belonging to the “non-Christian tribes” may be made only when the person making the conveyance or encumbrance is able to read and understand the language




Page 290 of 297

instrument or deed is written. If illiterate, must be approved by the then Commissioner of Mindanao and Sulu

RE OF TITLE TO PUBLIC LANDS EYED: INDEFEASIBLE AND CONCLUSIVE In absence of registration, title to public land is not perfected and the

NATUCONV•

refore not indefeasible • In case of 2 titles obtained on same date, the

f

• m

gistered first shall have preference

one procured through a decree of registration is superior than patent issued by director olands 2 titles procured by one person: one frohomestead patent, and one from judicial decree and sold to 2 different persons, the one who bought it for value and in good faith and who re

Republic v. Heirs of Felipe Alejaga, Sr. 393 SCRA 361 (2002) A free patent obtained through fraud or misre -year presentation is void. Furthermore, the oneprescriptive period provided in the Public Land Act does not bar the State from asking for the reversion of property acquired through such means. Once a patent is registered and the corresponding certificate of title issued, the land covered by them ceases to be part of the public domain and becomes private property. Further, the Torrens Title issued pursuant to the patent becomes indefeasible a year after the issuance of the latter. However, this indefeasibility of a title does not attach to titles secured by fraud and misrepresentation. Well-settled is the doctrine that the registration of a patent under the Torrens System does not by itself vest title; it merely confirms the registrant’s already existing one. Verily, registration under the Torrens System is not a mode of acquiring ownership. Therefore, under Section 101 of Commonwealth Act No. 141, the State -- even after the lapse of one year -- may still bring an action for the reversion to the public domain of land that has been fraudulently granted to private individuals. Further, this indefeasibility cannot be a bar to an investigation by the State as to how the title has been acquired, if the purpose of the investigation is to determine whether fraud has in fact been committed in securing the title. Section 118 of Commonwealth Act No. 141 proscribes the encumbrance of a parcel of land acquired under a free patent or homestead within five years from its grant. The prohibition against any alienation or encumbrance of the land grant is a proviso attached to the approval of every application.

REMEDIES AVAILABLE TO AGGRIEVED PARTY IN REGISTRATION PROCEEDINGS

MOTION TO LIFT/SET ASIDE

ORDER OF DEFAULT

• before judgment • FAME and with valid defense • under oath

MOTION FOR NEW TRIAL

• 15 days from notice of judgment

GROUNDS: a. Fraud, accident, mistake,

excusable negligence ry

could not have against

c.

y

e

(FAME) which ordinaprudenceguarded

b. Newly discovered evidenceAward of excessive damages, or insufficiencof evidence to justify decision, or that thdecision is against the law

APPEAL • 15 days from notice of judgment • To the CA/SC

RELIEF FROM JUDGMENT

• 6 earns of ju

was

0 days after petitioner ldgment, but not more than

6 months after judgment entered REQUISITES: a. FAME, with affidavit of

merit; in case of extrinsic fraud, state that deprived oheari

f ng or prevented from

c.

appealingb. After judgment

Person deprived of right isparty to case

PETITION FOR REVIEW OF

REGISTRATION DECREE

• Within 1 year after entry of dec tration ree of regis• it will not prosper if transferred to innocent purchaser for value GROUNDS: a. actual or extrinsic fraud,

committed outside trial, preventing petitioner from presenting his side

b. fatal infirmity in the decision for want of due process

c. lack of jurisdiction of the court

REQUISITES: a. Petitioner has a real and

dominical right b. He has been deprived of

such right c. Through actual or extrinsic

fraud d. led within 1 The petition is fi

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Page 291 of 297

year from the issuance of the decree

e. The property has not been passed on to an innocent purchaser for value

ACTION FOR RECONVEYANCE

• avnot to innocent

• byland gly to

r m entry

d within 10

aintiff in

hin 4 years from

ailable so long as property yet passed

purchaser for value aggrieved party, whose was registered wron

another person • before issuance of decree, owithin/after 1 year fro• action in personam • if based on implied trust, it must be instituteyears, and imprescriptible if by registered owner or his children, co-heir, or plpossession • if based on expressed trust and void contract, imprescriptible • if based on fraud, it must be instituted witthe discovery of the fraud

RECOVERY FOR DAMAGES

REQUISITES: a. Person is wrongfully

deprived of his land by registration in name of another (actual or constructive fraud

b. No negligence on his part c. Barred/ precluded from

bringing an action (after 1 year from decree)

d. Action for compensation has not prescribed

ACTION FOR COMPENSATION

FROM THE ASSURANCE FUND*

REQUISITES: The aggrieved party sustained loss or d

a. amage,

rein

, damage or sioned

ation

c.

on in any any

or is deprived land or anyestate or interest the

b. Such lossdeprivation was occaby the bringing of the land under the operation of the Torrens system or arose after the original registrof the land The loss, damage or deprivation was due to fraud, or any error, omission, mistake, or misdescripticertificate of title or in

entry or memorandum inthe registration book There was no negligenon his part He is barred or precluded under the provisions of PD1529 or under the

d. ce

e.

action for the e

f.

f

is the

g.

provisions of any law from bringing an recovery of such land or thestate or interest therein; The action has not prescribed: must be instituted within a period o6 years from the time the right to bring such action first occurred-whichdate of issue of the certificate of title Execution first against person responsible for fraud; if insolvent, against national treasury

CANCELLATION SUITS

• es are Where 2 certificatissued to different persons covering the same land, the title earlier in date must prevail, unless procured by fraud or is jurisdictionally flawed

• The later title should be declared null and void and ordered cancelled

• at It is the aggrieved party thinstitutes the action

• In case of non-registered land, must be filed by the OSG for cancellation of title or reversion to State

• n of Voiding or cancellatioOCT does not affect derivative TCTs if their holders not given opportunity to be heard and defend their title

ANNULMENT OF JUDGMENT

• f dies

n for

onger lt of

May only be availed owhen the ordinary remeof new trial, petitiorelief, or other appropriate remedies are no lavailable through no fauthe petitioner (Linzag v. CA, 291 SCRA 304 [1998]).

REVERSION SUIT • The objective is the

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Page 292 of 297

cancellation of the certificate of title and the consequential reversion of the land covered in the land grant to the State

• GROUNDS: a. Violation of Sections

118, 120, 121 and 122 of the Public Land Act (ex. alienation or sale of homestead executed within the 5 year prohibitory period)

b. When land patented and titled is not capable of registration

c. tee to Failure of the grancomply with conditions imposed by law to entitle him to a patent or grant

d. When area is an expanded area

e. When the land is acquired in violation of the Constitution (e.g. land acquired by an alien)

• Indefeasibility of title, prescription, laches, and estoppel do not bar reversion suits

QUIETING OF TITLE • Bro remove clouds erty

ent,

e, voidable and may

title

• •

may

• tiff is

ught toon the title to real propor any interest therein, by reason of any instrumrecord, claim, encumbrance, or proceeding which is apparently valid or effectivebut is in truth and in fact invalid, effectivor unenforceable, be prejudicial to said (Art. 476, Civil Code) An ordinary civil remedy Aside from the registered owner, a person who has an equitable right or interest in the propertylikewise file such action (Mamadsul v. Moson, 190SCRA 82 [1990]) Imprescriptible if plainin possession; if not, must

be brought within 10 yeafrom loss of possession

rs

CRIMINAL ACTION • inally The State may crimprosecute for perjury the party who obtains registration through fraud, such as by stating false assertions in the sworn answer required of applicants in cadastral proceedings (People v. Cainglet, 16 SCRA 749 [1966] )

ASSURANCE FUND • State creates a fu of

persons injured by ts due to the indefen title; following that act of registration is operative act by which

tle

• cate in name of owner or

• re is yet no assessment, a sworn

• he custody of the National

nual report of Treasurer to

WHO

1

oss of land. In short, he is deprived of his land or interest therein

attributable to him

4.

LOSFOLLO

2. rvey resulting in expansion of area in certificate of title

nd for the compensationdivesting/cutting off of righsibility of

State transfers ti• It is created to relieve innocent persons from

harshness of doctrine that certificate of title is conclusive evidence of an indefeasible title to land. Upon entry of certifiTCT, ¼ of 1% shall be paid to the ROD based on assessed value of land as a contribution to the assurance fund If thedeclaration of 2 disinterested persons on the value of the land, subject to determination by court, is required. Money shall be in tTreasurer who shall invest it until principal plus interest aggregates to 500,000. The excess shall be paid to the Assurance Fund and be included in the anSecretary of Budget

IS ENTITLED: . Claimant must be owner, purchaser or

encumbrancer in good faith who suffered actual damage by l

2. No negligence3. Claimant is barred from filing action to

recover said land Action to recover from assurance fund has not prescribed

S/DAMAGES SHOULD NOT BE DUE TO WING REASONS:

1. Breach of trust Mistake in resu




Page 293 of 297

LOSS/DAMAGES SHOULD BE DUE TO THE FOLLO S:

2. Registration of 3 persons as owner

5. AG S

land due to of ROD, etc:

nal Treasurer as defendants; Sol-Gen must appear

uld also be

LIABILI

1. ate persons first

asurer who shall pay through the assurance fund; thereafter Government shall

rogated to rights of plaintiff to go

MEASU

•

• Amount to be recovered not limited to 500,000 which is maintained as standing

up for deficiency from

WH EASSUR

1. perty lies or resident of plaintiff

2. Action prescribes in 6 years from time

nor, insane or imprisoned, he

PETREGIST

1. L• s lost to

be filed by person in interest with ROD

urt is to

of

• e statement, he can be charged with

2. ADV ERED LAND

• s:

• Lis pendens is a notice that property is in at

right

re, it is

3.

DUP•

the party must petition the court to compel

of title

• n regarding the annulment of the

4. AM AND ALTERATION OF

• ept in direct proceeding in

court; summary proceeding e not

except by order of

• not appear on

ased or error was made in

4. een

5. ed owner has married

7. owner registered

WING REASON1. Omission, mistake, misfeasance of

ROD or clerk of court rd

3. Mistake, omission, misdescription in 4. certificate of title, duplicate or entry in books

Cancellation

AIN T WHOM ACTION IS FILED: 1. Action due to deprivation of

mistake, negligence, omission ROD and Natio

2. Private persons involved shoimpleaded

TY: Satisfy claims from priv

2. When unsatisfied: secondarily liable is the National Tre

be subagainst other parties or securities

RE OF DAMAGES: Based on amount not greater than fair market value of land

fund • If fund is not sufficient, National Treasurer is

authorized to make other funds available to Treasury even if not appropriated

ER AND WHEN TO FILE ACTION AGAINST ANCE FUND: Any court of competent jurisdiction: RTC in city where pro

plaintiff actually suffered loss 3. If plaintiff is mi

has additional 2 years after disability is removed to file action notwithstanding expiration of regular period

ITIONS AND MOTIONS AFTER ORIGINAL RATION:

OST DUPLICATE CERTIFICATE Sworn statement that certificate i

• Petition to court for the issuance of new

title • After notice and hearing, the co

order issuance of new title with memorandum that it is issued in placelost certificate (duplicate) If falsthe complex crime of estafa through falsification of public document

ERSE CLAIM IN REGIST

• Different from lis pendens: Lis pendens has no expiration period but adverse claim is only for 30 day

litigation while adverse claim signifies thsomebody is claiming better

• Recent ruling: adverse claim can only be removed upon court order, therefoconsidered to be the more permanent and stable one as compared to lis pendens

PETITION SEEKING SURRENDER OF LICATE TITLE

In voluntary and involuntary conveyances: when the duplicate cannot be produced,

the surrender of duplicate certificate to ROD

• After hearing, the court may order issuance of a new certificate and annul the old certificate The new certificate shall contain an annotatioold certificate

ENDMENTCERTIFICATE OF TITLE

A certificate of title cannot be altered, amended exc

• Entries in registration books arallowed to be altered court Grounds: 1. New interest that does

the instrument have been created 2. Interest have been terminated or

ce3. Omission

entering certificate Name of person on certificate has bchanged Register

6. Marriage has terminated Corporation which




Page 294 of 297

land has dissolved and has not conveyed the property within 3 years

itted in title

ghts or interest

a. Alterab. Altera

of all c. Altera ious mistakes

5.

• tion of the instrument which is ed in

its original form and condition, under the

same reproduced,

90])

•

•

tition with the RTC

es and on main trance of municipality for at least

s before hearing

• a is fatal SOURCRECON1. FOR (in this order):

e of title

rtgagee’s or of said

sly issued by the ROD

be, which was the basis

e. or

thenticated

f.

2. FORa. c for

b.

by TCT and on file with

original had

c.

b. Adm• M

other force determined by the

4. ve the

NOTES: • The law provides for retroactive application

thereof to cas1989

• When the duplica wner is lost, oper petition is not reconstitution of title, but

after its dissolution 8. What corrections are perm

(which does not include lands included in original; technical description as long as original decree of registration will not be reopened and riof persons not impaired; old survey was incorrect; substitution of name of registered owner)

tions which do not impair rights and tions which impair rights: with consent parties tions to correct obv

RECONSTITUTION OF ORIGINAL

CERTIFICATE OF TITLE The restorasupposed to have been lost or destroy

custody of ROD • Purpose: to have the

after proper proceedings in the same form they were when the loss or destruction occurred (Heirs of Pedro Pinote v. Dulay, 187 SCRA 12 [19

• As consequence of war, the records have been destroyed When reconstituted, the new title have the same validity as old title Kinds: a. Judicial

• File a pe• To be published in OG for 2

consecutive issuen30 day

• In rem proceedings • Court is to order reconstitution if it

deemed fit; and issue an order to ROD The lack of essential dat

ES OF JUDICIAL STITUTION OF TITLE OCT

a. Owner’s duplicate of the certificat

b. Co-owner’s, molessee’s duplicate certificate

c. Certified copy of such certificate, previou

d. Authenticated copy of the decree of registration or patent, as the case may of the certificate of title, Deed of mortgage, lease,encumbrance containing description of property covered by the certificate of title and on file with the ROD, or an aucopy thereof indicating that its original had been registered Any other document which, in the judgment of the court, is sufficient and proper basis for reconstitution. TCT

Same as sources a, b, andreconstitution of OCT Deed of transfer or other document containing description of property covered the ROD, or an authenticated copy thereof indicating its been registered and pursuant to which the lost or destroyed certificate of title was issued Same as sources (e) and (f) for reconstitution of OCT inistrative

ay be availed of only in case of: 1. Substantial loss or destruction

of the original land titles due to fire, flood, or majeure as Administrator of the LRA

2. The number of certificates of title lost or damaged should be at least 10% of the total number in the possession of the Office of the ROD

3. In no case shall the number of certificates of title lost or damaged be less than 500, and Petitioner must haduplicate copy of the certificate of title (RA 6732)

es 15 years immediately preceding

te title of the landothe prone filed with the court for issuance of new title in lieu of the lost copy




Page 295 of 297

SOURCES FOR ADMINISTRATIVE RECONSTITUTION:

a. Owner’s duplicate of the certificate of title b. Co-owner’s, mortgagee’s, or lessee’s

CO

royed 2. That no co-owner’s, mortgagor’s, or

d been issued

do not

nd addresses of the owners of

5.

may

6.

7. rty have

reof has not

PUBLICPETITIO• N lished twice in

successive issues of the OG f the

l

• one at least 30 days prior to

duplicate of said certificate

NTENTS OF PETITION 1. That the owner’s duplicate of the certificate

of title had been lost or dest

lessee’s duplicate ha3. The location, area and boundaries of the

property 4. The nature and description of the buildings

or improvements, if any, which belong to the owner of the land, and the names asuch buildings or improvements The names and addresses of the (a) occupants or persons in possession of the property, (b) of the owners of the adjoining properties and (c) of all persons who have any interest in the property A detailed description of the encumbrance, if any, affecting the property A statement that no deeds or other instruments affecting the propebeen presented for registration, or, if there be any, the registration thebeen accomplished, as yet

ATION, MAILING AND POSTING IN NS FOR RECONSTITUTION OF TITLE:

otice thereof shall be pub

• Must be posted on the main entrance oprovincial building and of the municipabuilding of the municipality or city where the land is situated

• To be sent by registered mail or otherwise, at the expense of the petitioner, to every person named in said notice This should be dthe date of hearing.

MWSS 94 (1983)v. Sison, 124 SCRA 3 The publication of the petition in 2 successive issues of the O service of the notice of fficial Gazette, the hea g owners and actual occupants ring to the adjoininof the land, as well as posting of the notices in the main entrance of the provincial and municipal buildings where the property lies at least 30 days prior to the date of the hearing, as prescribed by Section 13 of the law (RA 26), are mandatory and jurisdictional requisites… If an order if

reconstitution is issued without any previous publication as required by law, such order of reconstitution is null and void. Even the publication of the notice of hearing in a newspaper of general circulation like the Manila Daily Bulletin, is not a substantial compliance with the law because Section 13 specifies OG and does not provide for any alternative medium or manner of publication. Manila Railroad Company v. Moya, 215 Phil. 593 (1984) Notice must be actually sent or delivered to parties affected by the petition for reconstitution. The order of reconstitution, therefore, having been issued without compliance with the said requirement, has never become final as it was null and void. Puzon v, Sta. Lucia Realty and Development, Inc., 353 SCRA 699 (2001) Service of notice of the petition for reconstitution filed under RA 26 to the occupants of the property, owners of the adjoining properties, and all persons who may have any interest in the property is not required if the petition is based on the owner’s duplicate certificate of title or on that of the co-owner’s, mortgagee’s, or lessee’s. Republic v. Sanchez, G,R, No. 146081, July 17, 2006 FACTS: Sanchez sought for reconstitution of titles alleged to have been destroyed by a fire which razed the Office of the ROD in June 1988. The reconstitution of the title is based on Sanchez’s duplicate title. They submitted to the RTC a Report allegedly signed by the Chief of the Reconstitution Division of the LRA stating that the technical description of the lot does not overlap previously plotted properties. Without serving notices of the petition to adjoining owners, the RTC then granted the petition for reconstitution. After the decision became final, LRA submitted to the Court another report claiming that the first report was fake and recommends that the RTC set aside its decision. LRA also claims that the notice of the petition should have been served on adjoining owners as one of the jurisdictional requirements since the Authentic LRA Report found Sanchez’s title to be a fake title. ISSUE: Whether the trial court acquired jurisdiction over the case HELD:




Page 296 of 297

No. The source of the petition for reconstitution in the case at bar was petitioner’s duplicate copies of the TCTs. As a general rule, Sections 9 and 10 of RA 26 will apply and not Sections 12 and 13. Section 9 and 10 or RA 26 require that 30 days before the hearing, (1) a notice be published in 2 successive issues of the OG at the expense of the petitioner, and (2) such notice be posted at the main entrances of the provincial building and of the municipal hall where the property is located. The notice shall state the following: (1) the number of the certificate of title, (2) the name of the registered owner, (3) the names of the interested parties appearing in the reconstituted certificate of title, (4) the location of the property, and (5) the date on which all persons having an interest in the property must appear and file such claims as they may have. In petitions for reconstitution where the source is the owner’s duplicate copy, notices to adjoining owners and to actual occupants of the land are not required. But Puzon is not applicable here. There is no report from a pertinent government agency challenging the authenticity of the duplicate certificates of title presented in Puzon. Sections 12 and 13 of RA 26 must apply because the owner’s duplicate is claimed by the LRA to be spurious. The failure to meet any of the necessary publication, notice of hearing and mailing requirements did not vest jurisdiction of the case to the court. Thus, the judgment rendered by the RTC is void and will never become binding or final as it is a nullity right from the very start. It may be challenged at any time. Feliciano v. Spouses Zaldivar, GR No. 162593. September 26, 2006 FACTS: Remigia Feliciano filed a complaint against the spouses Zaldivar for the declaration of nullity of TCT No. T-17993 and reconveyance of the property covered therein. The said title is registered in the name of Aurelio Zaldivar. Remigia alleged that she was the registered owner of a lot, part of which is that covered by the above TCT, and with TCT No. 8502. It was originally leased to Pio Dalman, Aurelio’s father-in-law. She attempted to mortgage the lot to Ignacio Gil, but the mortgage did not push through. She vehemently denies that she and her uncle never executed a joint affidavit

confirming the sale, and that TCT No. 8502 was never lost. The Zaldivars, on the other hand, claimed that Aurelio bought the property from Dalman who, in turn, bought the same from Gil in 1951. Gil allegedly purchased the property from Remegia, the sale of which was evidenced by the joint affidavit of confirmation of sale that Remegia and her uncle purportedly executed before the notary public in 1965. Aurelio then filed a petition for the issuance of a new owner’s duplicate copy of TCT No. T-8502 because when they asked Remegia about it, she claimed it had been lost. A petition for partial cancellation of the said TCT was granted and TCT No. 17993 was issued in Aurelio’s name. They also allege that they and their predecessors-in-interest have been occupying the said property since 1947, openly, publicly, adversely, and continuously or for 41 years already. ISSUE: Who is the real owner of the subject lot? HELD: Remegia is the real owner. The trial court correctly held that the CFI which granted Aurelio’s petition for issuance of new owner’s duplicate copy of TCT No. 8502 did not acquire jurisdiction. It has been consistently held that when the owner’s duplicate certificate of title has not been lost, but is in fact in the possession of another person, then the reconstituted certificate is void, because the court that rendered the decision had no jurisdiction. Consequently, the issuance of TCT No. 17993 is also void, emanating as it did from the void TCT No. 8502 in Aurelio’s name. The indefeasibility of a Torrens title does not apply where fraud attended the issuance of the title, such as when it was based on void documents.

6. REGISTRATION OF TRANSACTION EVIDENCED BY LOST DOCUMENT • ROD is forbidden to effect registration of

lost or destroyed documents

y of lost

rt OFFENSE

1. Larceny2. Per :3. Fraudulent procurement of certificate

• Steps by interested parties: 1. Procure an authenticated cop

or destroyed instrument 2. Secure an order from cou

S IN LAND REGISTRATION:

jury false statement under oath

4. Forgery




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a. Forging of seal in ROD, name, signature or t of ROD

tance in ng

of the ROD is forged 5.

und that it is not

as f SYSTEM OF REGISTRATION FOR

handwriting of any officer of courb. Fraudulent stamping or assis

stampic. Forging of handwriting, signature of

persons authorized to sign d. Use of any document which an impression

of the sealFraudulent sale: sale of mortgaged property

er the misrepresentation encumbered; deceitful disposition of property

ree from encumbrance

UNREGISTERED LANDS

• System of registration for unregistered land

tary dealings • Now: it includes involuntary dealings

ts of 3rd effect to 3rd

• •

tem is also kept

er defective, then registration is

under the Torrens System (Act 3344) • Before: covers volun

• Effect: if prospective, it binds 3rd persons after registration but yields to better righperson prior to registration (limitedparties)

• Reason: no strict investigation involved Subsequent dealings are also valid if recorded ROD keeps day book and a register, and an index sys

• Procedure: 1. Presentment of instrument dealing in

unregistered land 2. If found in order, regist3. If found

refused writing his reason for refusal

Land Titles

Documents

torrens title torrens

ownership torrens title

torrens certificate

vest title

quiet title

land owner

original certificate

registration of land