Land Titles and Deeds REVWR1

University of the Cordilleras

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Land Titles and Deeds

LAND TITLE is the evidence of the owners 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. Necessarily includes:

1. The name of the Grantor 2. The name of the Grantee 3. Words of grant 4. Description of property 5. Signature of grantor 6. Witnesses

FEE SIMPLE Absolute title; absolute estate in perpetuity.

Land is conferred upon a man and his heirs absolutely and without any limitation imposed upon the state.

LAND REGISTRATION is a judicial or administrative proceeding whereby a persons 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. Purposes:

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

2. To provide a means of publication TORRENS SYSTEM is a system for registration of land under which, upon the landowners 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

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.


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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

notorious

possession

If in good faith and

with just title: 10

years

uninterrupted

possession is

required

If in bad faith and

without just title:

30 years

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 current 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


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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 the

land

Forcible

acquisition by the

State

7. Descent or

Devise

Hereditary

succession to the

estate of

deceased owner

8. Emancipation

Patent/ Grant

To ameliorate

the sad plight of

(Certificate of

Land Ownership

Award)

tenant-farmers

Such grant is not

transferable

except by

hereditary

succession

GENERAL RULE:

- Land registration proceedings and all petitions after original registration of titles are filed with the RTCs of the province or city where the land or a portion or it lies.

SM Prime Holdings vs. Angela Madayag (2009, Nachura):

Presidential Decree (P.D.) No. 1529 eliminated the distinction between the general jurisdiction vested in the RTC and the latters limited jurisdiction when acting merely as a land registration court. Land registration courts, as such, can now hear and decide even controversial and contentious cases, as well as those involving substantial issues. It may, therefore, hear and determine all questions that arise from a petition for registration.

EXCEPTIONS: When the case involves:

1. Lots without controversy or opposition

2. Contested lots where the value does not exceed P100,000.00, in which case, the MTC has jurisdiction.

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)


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RA NO. 8371 (IPRA)

The Indigenous Peoples Rights Act (IPRA) recognizes the rights of ownership and possession of indigenous cultural communities to their ancestral domains and lands on the basis of native title, and defines the extent of these lands and domains. It expressly converts ancestral lands into public agricultural lands, and individual members of the cultural communities shall have the option to secure title to their ancestral lands under the CA 141 or PD 1529.

NOTE: The IPRA still refers to the Land Registration Act and not the Property Registration Decree, which bolsters the argument that the former was not repealed by the latter. I. Original Certificate of Title or OCT

It is the first certificate of title issued in the name of a registered owner by the Register of Deeds covering a parcel of land which had been registered under the Torrens System, by virtue of judicial or administrative proceedings.

II. Transfer Certificate of Title

The subsequent certificate of title pursuant to any deed of transfer or conveyance to another person. The Register of Deeds shall make a new certificate of title and given him an owners duplicate certificate. The previous certificate (need not be an OCT) shall be stamped cancelled.

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

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. Villasenor, 13 SCRA 494 (1965)

It is enough that in the RODs opinion an instrument is registrable for him to register it. The act being


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an administrative act does not contemplate notice to and hearing of interested parties.

Almirol v. ROD of Agusan, G.R. No. L-22486, March 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 owners 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 acknowledged 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 from rainfall

whether natural or

artificial, and water

from agriculture

run-off, 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


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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

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 SHAIs name as well as the title acquired by the Navy Officers 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


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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 Director of Lands.

2. Filing of application for registration

by the applicant

a. With all muniments of titles and copies thereof with survey plan approved by Bureau of Lands MUNIMENTS OF

TITLE are instruments or written evidence which applicant holds

or possesses to enable him to substantiate and prove title to his estate

b. Always filed at the RTC of the place where land is situated

c. Indorsed to the MTC if there is no controversy over the land or if its value is less than P100,000.00

d. In cases of delegated jurisdiction to the MTC, appeal is directed to the CA

e. If land is situated between boundaries of 2 provinces, application must be filed: When boundaries are not

defined: in the RTC of the place where it is declared for taxation purposes;

When boundaries are defined: Separate plan for each portion must be made by a surveyor and a separate application for each lot must be filed with the appropriate RTC

3. Setting of the date of initial hearing

of application by the RTC a. Within 5 days, set hearing

45-90 days from date of order

4. Transmittal of the application and

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

5. Publication of notice of the filing of the application and the date and place of the hearing in the Official Gazette

The three notices required

are mandatory. a. Publication of notice of

initial hearing

i. Once in the Official Gazette (this confers jurisdiction upon the court)

ii. Once in a newspaper of general circulation

Purpose of publication:


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To confer jurisdiction over the land applied for upon the court;

To charge the whole world with 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

b. Mailing

Within 7 days after publication of said notice in the OG, mailing of notice to: i. Persons named in the

notice ii. Sec. of Public

Highways, Provincial Governor, and Mayor, if the applicant requests to have the line of a public way or road determined

iii. Sec. of Agrarian Reform, Solicitor General, 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

iv. Other persons as the court may deem proper

c. Posting

Posting in conspicuous place on subject land and on bulletin board of municipal building at least 14 days before initial hearing

6. Service of notice by the sheriff

upon contiguous owners, occupants and those known to have interests in the property

7. Filing of answer to the application by any person whether named in the notice or not

8. Hearing by the court

9. Promulgation of judgment by the

Court

10. Issuance of the decree declaring the decision final and instructing the LRA to issue a decree of confirmation and registration

DECREE issued by LRA after finality of judgment; contains technical description of land.

i. Decrees dismissing

application ii. Decrees of

confirmation and registration

iii. Subject only to appeal

11. Entry of the decree of registration in the LRA

12. Sending a copy of the decree of registration to the corresponding ROD

13. Transcription of the decree of registration in the registration book and issuance of the owners duplicate original certificate of title to the applicant by the ROD upon payment of the prescribed fees

NOTE: Non-compliance with the requisites will make the Certificate of Title (CT) issued invalid and cancellable by the courts. WHO MAY APPLY IN ORDINARY REGISTRATION PROCEEDINGS UNDER PD 1529: [OPAL]

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

2. Those who acquired ownership of private land by prescription under the provisions of existing laws

3. Those that acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws


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4. Those who have acquired ownership of land in any manner provided for by law

NOTE: All these persons must be natural-born Filipino citizens. However, by way of exception juridical 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 OWNERSHIP OF LAND BY CORPORATION:

3. Private Land a. At least 60% Filipino (Sec.

7, Article XII, 1987 Constitution)

b. Restricted as to extent reasonably necessary to enable it to carry out purpose for which it was created

c. If engaged in agriculture, it is restricted to1,024 hectares.

4. Patrimonial Property of the State

(Sec. 3, Article XII, 1987 Constitution)

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

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

corporation PERSONS WHO CANNOT PROPERLY FILE AN APPLICATION FOR

REGISTRATION OF LAND: [PMAP]

1. Public land sales applicant admits he is not the owner in his application

2. Mortgagee or his successor-in-interest to the mortgage when mortgage is assigned (partum commissaries)

3. Anticrethic creditor since he holds not in the concept of an owner

4. Person or entity whose claim of ownership to land had been previously denied in a reivindicatory action and the right of ownership thereto of another is upheld by the courts

FORM OF THE APPLICATION, (Sec. 15, PD 1529)

In writing

Signed by the applicant or person duly authorized in his behalf

Sworn to before an officer authorized to administer oath for the province or city where the application was actually signed

If there is more than 1 applicant, they shall be signed and sworn to by and in behalf of each.

CONTENTS OF APPLICATION, (Sec. 15, PD 1529): [D-CAEM-ARF]

1. Description of the land applied for together with the buildings and improvements; the plan approved by Director of Lands and the technical descriptions must be attached

2. 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 relation was terminated

3. Assessed value of the land and

the buildings and other improvements based on the last assessment for taxation purposes

4. Mortgage or encumbrance affecting the land or names of other persons who may have an interest therein, legal or equitable

5. Manner of acquisition of land

6. Full names and addresses of all occupants of the land and those of the adjoining owners, if known, and if not known, the applicant shall state the extent of the search made to find them

7. If the application describes the land as bounded by a public or private way or road, it shall state


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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)

8. The court may require facts to be stated in the application in addition to those prescribed by the Decree not inconsistent therewith and may require the filing of additional papers

9. If the applicant is a non-resident of the Philippines, he shall file an instrument appointing an agent residing in the Phil's. 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)

WHERE TO FILE APPLICATION

GENERAL RULE: RTC of the province or city where the land is situated.

- File together with application all

original monuments of titles or copies thereof and a survey plan of the land approved by the Bureau of Lands

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 application or petitions.

If there are several parcels of land situated in different provinces/cities but belong to one 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 cadastral or land

registration cases covering lots where: There is no controversy or

opposition, or contested lots, the value of

which does not exceed P100,000.00

AMENDMENTS IN ORDINARY REGISTRATION PROCEEDINGS

1. Striking out one or

more of the parcels

of land applied for or

by a severance of

the application

The Court may

strike out at any

time

2. Substantial

change in

boundaries,

increase in

area, inclusion of

additional land

New technical

description and

new

publication and

notice are

necessary

3. Joinder,

substitution or

discontinuance of

any of the parties

File motion with

Court

4. Decrease in area File motion with

court;

no need for new

publication or

notice

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


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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 DECREE OR TITLE

A decree of registration and registered title cannot be impugned, enlarged, altered, modified, 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

was made

Present

instrument to RTC,

with a motion

praying that the

same be

considered in

relation to the

pending

Register directly

with ROD for

purpose of

canceling such title

and issuing a TCT

application

REQUISITES OF OPPOSITION:

1. Set forth objections to the application

2. State interest claimed by oppositor 3. Apply for the remedy desired 4. Signed and sworn to by him or by

some other duly authorized person

General Default Special Default

When no person

appears and

answers within time

prescribed

When a party

appears at initial

hearing without

having filed an

answer and asks

court for time to

file answer but

failed to do so

within period

allowed

JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE UNDER THE PUBLIC LAND ACT

In rem, judicial proceedings

The decree of registration issued is conclusive and final

Governed by court procedure and law of evidence

WHEN TO FILE

Extended up to December 31, 2020, as provided in Sec. 2 of RA 9176

Director of Lands v. Abairo, 90 SCRA 422 (1979) 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:


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Whether or not the application is valid despite being filed after the period expired and before the extension was granted. RULING: 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 open, continuous, exclusive and notorious 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])

2. Filipino citizens 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]).

3. Private corporations or associations which had acquired lands, formerly part of the alienable and disposable lands 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 (Dir. Of Lands v. IAC and ACME, 146 SCRA 509 [1986]).

4. Natural born citizens of the Philippines who may have lost their Philippine citizenship, who have acquired disposable and alienable lands 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]).

NOTE: A private corporation may institute confirmation proceedings under Sec. 48 (b) of CA 141 if at the time of the institution of the registration proceedings; the land was already private land (Director of Lands v. IAC and ACME, 146 SCRA 509 [1986]).

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


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NOTE: Form, Contents, Notice, Mailing, Posting Requirements are the same as those required in original 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 of ownership in land registration proceedings filed after Aug. 16, 1976)

2. Tax declarations and tax payments (not conclusive evidence of ownership, must be coupled with proof of actual possession for the period required by law)

3. Other kinds of proof (ex. testimonial evidence and to prove accretion; deed 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)

Santiago v. SBMA, GR. No. 156888, November 20, 2006. 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 RULING: 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 affectivity 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 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.


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

However, notwithstanding the lapse of the 15- day period from receipt of judgment by the parties, the court continues to retain control over the case until the expiration of 1 year after the entry of decree of registration by the LRA (Republic v. Assosacion Benevola de Cebu, 178 SCRA 692 [1989]).

POST-JUDGMENT INCIDENTS

1. Writ of Possession: order to sheriff to deliver the land to the successful party litigant; no prescription against: (1) the loser and (2) anyone unlawfully and adversely occupying

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 for at least 10 years

2. Writ of Demolition: the complement of writ of possession; to demolish improvements introduced by oppositor or his successor in interest

MEANS TO RECOVER POSSESSION:

1. Forcible entry 2. Unlawful detainer 3. Accion publiciana 4. Accion reivindicatoria

DECREE OF REGISTRATION:

The decree issued by the LRA pursuant to the order of the court.

Binds the land, quiets title thereto, subject only to such exceptions or liens as may be provided by law

Conclusive upon all persons including the government

CONTENTS OF THE DECREE: [DMD-DO]

1. Date, hour and minute of its entry 2. Whether the owner is married or

unmarried, and if married, the

name of the spouse; provided that if the land is conjugal property, the decree shall be issued in the name of both spouses

3. If the owner is under disability, the nature of such disability, and if a minor, his age

4. Description 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

PROCESS OF ISSUING THE OCT:

1. Within 15 days from finality of order of judgment directing registration of title court orders the LRA to issue decree of registration and certificate of title

2. Clerk of court will send order of court and copies of judgment

3. Writ of Demolition may be issued. The court has authority to order, as a consequence of the

4. Writ of possession issued by it, the demolition of improvements introduced by the defeated oppositor or his successor-in-interest

5. 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

6. Send to ROD the original and duplicate of title and certificate for entry in his registration book

7. Enter in record book, dated, signed, numbered and sealed to take effect upon date of entry

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

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

10. Original copy to be filed in ROD 11. Bound in consecutive order

ATTRIBUTES AND LIMITATIONS ON CERTIFICATES OF TITLE AND REGISTERED LANDS:

1. Free from liens and encumbrances

a. Claims and liens of whatever

character


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Existing against the land prior to the issuance of the certificate of title is cut-off by such certificate and the certificate so issued binds the whole world, including the government.

b. EXCEPTIONS: [CNT-PD]

i. Those noted on the

certificate ii. Liens, claims, or rights

arising or existing under the laws and the Constitution which are not by law required to appear on record in the Register of Deeds in order to be valid;

iii. Unpaid real estate taxes levied and assessed within 2 years immediately preceding the acquisition of any right over the land by an innocent purchaser for value

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

v. v. 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. Incontrovertible and

indefeasible

a. GENERAL RULE: Upon expiration of 1 year from and after the entry of the decree of registration in the LRA, the decree and the corresponding certificate of title becomes incontrovertible and indefeasible

b. 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

Arguelles v. Timbancaya, 72 SCRA 193 (1976) The rule on the incontrovertible

nature of a certificate of title applies when what is involved is the validity of the OCT, not when it concerns that of the TCT.

3. Registered land not subject to

prescription

a. Even adverse, notorious and continuous possession claim of ownership for the period fixed by law is ineffective against a Torrens title (JM Tuason and Co. Inc. v. CA, 93 SCRA 146 [1979]).

b. 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 be acquired by prescription (Ruiz v. CA, 79 SCRA 525 [1977]

c. c. Laches may be invoked to bar reconveyance of land to the registered owner only if there are intervening rights of third persons which may be affected or prejudiced if such land is returned to the registered owner (De Lucas v. Gamponia, 100 Phil 277 [1956]).

Feliciano v. Spouses Zaldivar, GR No. 162593, Sept. 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


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that covered by both the above TCT and TCT No. 8502. It was originally leased to Pio Dalman, Aurelios 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 owners 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 Aurelios 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? RULING: 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. Remegias title, thus, prevails over Aurelios, especially considering that the latter was correctly nullified by the RTC as it emanated from the new owners 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, Remegias right to recover possession was never barred by laches. 4. Certificate of title not subject to

collateral attack a. Sec. 48 of PD 1529 provide

that a certificate of title shall not be subject to collateral attack. It cannot be altered, modified, or cancelled except in a direct proceeding in accordance with the law.

5. Torrens Certificate presumed valid and devoid of flaws

a. GENERAL RULE: Torrens

Certificate of Title is presumed to have been regularly issued, valid, and without defects. The buyer has the right to rely upon the face of the Torrens title and dispense with the trouble of inquiring further.

b. 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 de los Reyes (petitioners mother) sold 2 lots to Fortunato Amorin. Amorin took possession of such properties. Later, however, Pacific Bank demanded that the Amorins vacate the properties, From any rights incident to the relation claiming that such property had been foreclosed by such Bank. As it turned out De Los Reyes was of husband and wife, landlord tenant and 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


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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. RULING: 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 mortgagors 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.

6. General incidents of registered land

Registered land or the owners thereof are not relieved from the following:

a. From any rights incident to

the relation of husband and wife, landlord and tenant

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

e. 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 in bankruptcy under the laws relative to preferences

h. From any other rights or liabilities created by law and applicable to unregistered land

7. Where certificate of title is obtained

by a trustee

a. Trustee who obtains a Torrens title in his name, over property held in trust by him for another cannot repudiate the trust relying on the registrations, such being one of the limitations upon the finality of title

b. Trustee could not perforce legally convey ownership of the registered property in her will for she is not the absolute owner thereof

SUBSEQUENT REGISTRATION Where incidental matters after

original registration may be brought before the land registration court by way of motion or petition filed by the registered owner or a party in interest.

Rules as to the necessity and effects of registration in general


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1. Except a will that purports to convey or affect a registered land, the mere execution of the deeds of sale, mortgage, or lease or other voluntary documents serve only 2 purposes:

a. as a contract between the

parties thereto, and b. as evidence of authority to

the ROD to register such documents

2. It is only the act of registering the

instrument in the ROD of the province or city where the land lies which is the operative act that conveys ownership or affects the land insofar as third persons are concerned.

3. The act of registration creates a

constructive notice to the whole world of such voluntary or involuntary instrument or court writ or process.

VOLUNTARY

DEALINGS

INVOLUNTARY

DEALINGS

Refer to deeds,

instruments, or

documents which

are results of the

free and voluntary

acts of the parties

thereto

Refer to such writ

or order or

process issued by

a court of record

affecting

registered land

which by law

should be

registered to be

effective, and also

to such

instruments which

are not the willful

acts of the

registered owner

and which may

have been

executed even

without his

knowledge or

against his

consent

Sale

Real property

mortgage

Lease

Attachment

Injunction

Mandamus

Sale on

Pacto de retro

sale

Extra-judicial

settlement

Free

patent/homestead

Powers of

attorney

Trusts

execution of

judgment or sales

for taxes

Adverse claims

Notice of lis

pendens

An innocent

purchaser for value

of registered land

becomes the

registered owner

the moment he

presents and files a

duly notarized and

valid deed of sale

and the same is

entered in the day

book and at the

same time he

surrenders or

presents the

owners duplicate

certificate of title

covering the land

sold and pays the

registration fees

Entry thereof in

the day

book of the ROD

is sufficient notice

to all persons

even if the

owners duplicate

certificate of title

is not presented

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: registration by owner, if deed is not registered, it is binding only between parties GENERAL RULE: Where there is

nothing on the certificate of title to indicate any cloud or vice in the ownership of the property, or any encumbrance thereon, the purchaser is not required 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]).


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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 go behind the certificate to determine 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 of a valid title. 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 is not required to look further than what appears on the face of the title does not apply (Dela Merced v. GSIS, 365 SCRA 1 [2001]).

2. 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 the lawful holder of a registered title over the transfer of a vendor bereft of any transmissible right (Tomasv. Tomas, 98 SCRA 280 [1980]).

3. Purchaser in bad faith (Egeo v.

CA, 174 SCRA 484 [1989])

4. Sufficiently strong indications to impel closer inquiry into the location, boundaries, and

condition of the lot (Francisco v. CA, 153 SCRA 330 [1987]).

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 SCRA 221 [1971]).

6. Purchases land with a certificate of title containing a notice of lis pendens;

7. Purchaser had full knowledge of

flaws and defects in the title (Bernales v. IAC, 166 SCRA 519, [1988]).

PROCESS OF REGISTRATION: (GENERALLY)

1. File the instrument creating or transferring the interest and the certificate of title with ROD, including:

a. Owners duplicate b. Payment of fees and

documentary stamp tax c. Evidence of full payment of

real estate tax d. Document of transfer

additional copy for city/provincial assessor

2. ROD shall make a

memorandum on the certificate of title, signed by him

3. Issuance of the TCT

REGISTRATION OF REAL PROPERTY MORTGAGE:

1. Execution of deed in a form sufficient in law (public instrument)

2. Registration with ROD where the land lies a. Present deed of mortgage

together with

b. Owners Duplicate and affidavit of good faith

c. Payment of fees

d. ROD shall enter upon original

certificate of title and upon duplicate a memorandum


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(date, time of filing, signature, and file number 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

3. No duplicate need be issued

REGISTRATION OF CHATTEL MORTGAGE:

1. Execution of document 2. Present the document together

with affidavit of good faith 3. Payment of fees 4. ROD enters in Day Book in strict

order of their presentation chattel mortgages and other instruments relating thereto (primary process)

5. ROD thereafter enters in a more detailed form the essential contents of the instrument in the Chattel Mortgage Register (complementary process)

EFFECT OF REGISTRATION:

1. Creates a lien that attaches to the property in favor of the mortgagee

2. Constructive notice of his interest in the property to the whole world

EFFECT OF FAILURE TO REGISTER: Valid between parties but void

against 3rd persons If instead of registration, it is

delivered, it shall be a Pledge and not a chattel mortgage (if no chattel mortgage deed executed)

Actual knowledge is same effect as registration

AFFIDAVIT OF GOOD FAITH: Statement that:

1. Mortgage is made to secure

obligation specified 2. That it is a valid and just

obligation 3. That it is not entered into for

purposes of fraud EFFECT OF ABSENCE OF AFFIDAVIT OF GOOD FAITH:

Vitiates mortgage as against

creditors and subsequent encumbrancers

Mortgage is not valid as between parties

No need to be in public document REGISTRATION OF LEASE: It is the lessee, not the lessor, who

is required to initiate the registration.

1. File with ROD the instrument creating lease together with owners duplicate of certificate of Title

2. ROD to register by way of memorandum upon certificate of title

3. No new certificate shall be issued

NOTE: When there is prohibition in mortgaged property as regards subsequent conveyances, etc., leasehold cannot be registered in the title thereof. EFFECT OF REGISTRATION:

1. Creates a real right but without prejudice to rights of 3rd persons

2. If it is not registered, it is valid as between parties but not to 3rd persons without notice

MAY ALIENS REGISTER LEASE? YES

1. May be granted temporary rights for residential purposes

2. Limit: 25 years, renewable for another 25 years

WHO ELSE MAY REGISTER? Builder in Good Faith REGISTRATION OF TRUST

1. Implied Trust: present a sworn statement claiming interest by reason of an implied trust with description of land and reference to the number of certificate shall be registered in ROD

2. Express Trust: instrument

creating the trust does not prohibit registration


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REGISTRATION OF APPOINTED TRUSTEE BY COURT Certified copy of decree shall be

presented to ROD and surrender duplicate certificate

Cancel duplicate & new certificate shall be entered by ROD

INVOLUNTARY DEALINGS - Transactions affecting land in which

cooperation of registered owner is not needed or even against his will

1. ATTACHMENT

A writ issued at the institution

or during progress of an action commanding the sheriff to attach the property, rights, credits, or effects of the defendant to satisfy demands of the plaintiff

Kinds:

a. Preliminary b. Garnishment c. Levy on execution

REGISTRATIONOFATTACHMENT/OTHER LIENS: 1. Copy of writ in order to preserve any

lien, right, or attachment upon registered land may be filed with ROD where land lies, containing number of certificate of title of land to be affected or description of land

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

3. If duplicate of certificate of title is not presented: a. ROD shall, within 36 hours, send

notice to registered owner by mail stating that there has been registration and request him to produce duplicate so that memorandum may be made

b. If the owner neglects or refuses to comply, the ROD shall report the matter to the cour

c. The court, after notice, shall enter an order to owner to surrender certificate at the time and place named therein

4. Although notice of attachment is not

noted in duplicate, notation in book of entry of ROD produces the effect of registration already.

EFFECTS OF REGISTRATION OF ATTACHMENT: [REEA] 1. Creates real right 2. Has priority over execution sale 3. But between 2 attachments, one

that is earlier in registration is preferred

4. If it is not registered, actual knowledge is the same as registration

2. EXECUTION SALE To enforce a lien of any description

on registered land, any execution or affidavit to enforce such lien shall be filed with ROD where land lies

Register in registration book &

memorandum upon proper certificate of title as adverse claim or as an encumbrance

To determine preferential rights between 2 liens: priority of registration of attachment

a. TAX SALE

Sale of land for collection of delinquent taxes and penalties due the government

In personam (all persons interested shall be notified so that they are given an opportunity to be heard)

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 conspicuous place in the place where the property is situated and at the main entrance of the 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 an attachment


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There is no need to register a tax lien because it is automatically registered once the tax accrue but the sale of registered land to foreclose a tax lien needs to be registered

PROCEDURE OF REGISTRATION OF TAX SALE: 1. Officers return shall be submitted

to the ROD Together with the owners duplicate title

2. Register in the registration book 3. Memorandum shall be entered in

the certificate as an adverse claim or encumbrance

4. after a period of redemption has expired and no redemption made (2 years from registration of auction sale), title must be cancelled and new title will be issued

5. Before the cancellation, notice shall be sent to registered owner, to ask him to surrender title and show cause why it shall not be cancelled

3. ADVERSE CLAIM Sajonas v. CA, 258 SCRA 79 (1996)

ADVERSE CLAIM is a notice to third persons that someone is claiming an interest on the property 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 claimants right or interest in registered land is adverse t the registered owner;

2. Such right arose subsequent to date of original registration

3. No other provision is made in the Decree for the registration of such right or claim (Sec. 70, PD 1529)

Sanchez v. CA, 69 SCRA 327 (1976) A mere money claim cannot be

registered as an adverse claim. Actual knowledge is equivalent to

registration of adverse claim. No 2nd adverse claim based on

the same ground may be registered by the same claimant.

FORMAL REQUISITES OF AN ADVERSE CLAIM FOR PURPOSES OF REGISTRATION: [WNR] a. Adverse claimant must state the

following in writing: 1. His alleged right or interest 2. How and under whom such

alleged right or interest is acquired

3. The description of the land in which the right or interest is claimed

4. The certificate of title number

b. Such statement must be signed and sworn to before a notary public

c. Claimant shall state his residence or place to which all notices may be served upon him

NOTE: Noncompliance with said formal requisites renders such adverse claim non-registrable and ineffective. 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 cancelled: a. After the lapse of 30 days, upon

the filing 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

c. 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


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for cancellation of adverse claim, and a hearing must also first be conducted. The Register of Deeds cannot on its own automatically cancel the adverse claim. Ty Sin Tei v. Dy Piao, 103 Phil 858, GR 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. 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 directly affecting the title to the land or the use of occupation thereof or the building thereon.

EFFECT OF REGISTRATION: 1. Impossibility of alienating the

property in dispute during the pendency of the suit

2. It may still be alienated but the purchaser is subject to the final outcome of pending suit

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

CANCELLATION OF LIS PENDENS: [M-NUVD] Before final judgment, the court

may order the cancellation: 1. After showing that notice is

only for purpose of selecting an adverse party

2. When it is shown that it is not necessary to protect the right of the party who caused the registration thereof

3. When the consequences of the trial are unnecessarily delaying the determination of the case to the prejudice of the other party

4. ROD may also cancel by verified petition of party who caused such registration

5. Deemed cancelled when certificate issued by clerk of court stating manner of disposal of proceeding is registered

LIS PENDENS HAS NO APPLICATION TO THE FOLLOWING: 1. Preliminary attachment 2. Proceedings for the probate of wills 3. Levies on execution 4. Proceedings for administration of

estate of deceased persons and 5. Proceedings in which the only

object is the recovery of a money judgment

OTHER PARTIES WHO NEED TO REGISTER: 1. ASSIGNEE IN INVOLUNTARY

PROCEEDING FOR INSOLVENCY Duty of the officer serving notice

to file copy of notice to ROD where the property of debtor lies

Assignee elected or appointed by court shall be entitled to entry of a new certificate of registered land upon presentment of copy of assignment with the bankrupts duplicate certificate of title

New certificate shall not state that it is entered to him as assignee or trustee in insolvency proceedings


College of Law | 24

CIVIL LAW

Judgment/Order Vacating Insolvency Proceedings

Order shall also be registered Surrender title issued in

name of assignee & debtor shall be entitled to entry of new certificate

2. GOVERNMENT IN EMINENT

DOMAIN Copy of judgment filed in ROD

which states description of property, certificate number, interest expropriated, and nature of public use

Memorandum shall be made or new certificate of title shall be issued

CADASTRAL REGISTRATION is a proceeding in rem initiated by the filing of a petition for registration by the government, not by the persons claiming ownership 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

The objective of the proceeding is the adjudication of title to the lands involved in the proceeding

PROCEDURE: [NN-CP-PAHD-DI] 1. 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

3. Cadastral survey 4. Filing of petition 5. Publication (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 NOTE: The cadastral court is not limited to mere adjudication of ownership in favor of one or more claimants. If there are no successful claimants, the property is declared public land. Additionally, while the 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 certificates authenticity vis--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

usually

involves

private

land

it may also

refer to

public

agricultural

lands if the

Object of

the action is

confirmation

of an

imperfect

title

all classes

of lands are

included

Parties Applicant

and

opponent

Gove

rnment,

Landowners

must come

to court as

claimants of

their own

lands

Purpose Petitioner

comes to

court to

confirm his

title and

seeks the

registration

of the land

in his name

Government

asks the

court to

settle and

adjudicate

the title of

the land


College of Law | 25

CIVIL LAW

Person

who

requests

the

survey

Landowner Government

Effect of

judgment

no

adverse

claim

if the

applicant

fails to

prove his

title, his

application

may be

dismissed

without

prejudice

(no res

judicata)

if none of

the

applicants

can prove

that he is

entitled to

the

land, the

same shall

be declared

public (res

judicata)

PATENTS CLASSIFICATION OF LAND OF PUBLIC DOMAIN: The classification is the exclusive

prerogative of executive and not by judiciary anyone who applies for confirmation of imperfect title has the burden of proof to overcome the presumption that the land sought to be registered forms part of public domain (Regalian doctrine)

UNDER THE CONSTITUTION: 1. Agricultural only one subject to

alienation 2. Forest or timber 3. Mineral lands 4. National park

UNDER THE PUBLIC LAND ACT:

1. Alienable/disposable: a. Agricultural b. Residential, commercial,

industrial c. Educational, charitable d. Town sites and for public and

quasi- public uses

2. Timber lands: inalienable

3. Mineral lands: inalienable

If patent or title is issued, it is void ab initio for lack of jurisdiction

It is not subject to acquisitive prescription even if in possession for long time, it will not ripen into ownership

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

FISHPONDS Before: It was included in the

definition of agriculture, therefore, the conversion of agricultural land to fishponds did not change character of land

Now: It has a restricted meaning; Fishponds have a distinct category and cannot be alienated but may be leased from government

WHEN GOVERNMENT GRANT DEEMED ACQUIRED BY OPERATION OF LAW: 1. Deed of conveyance issued by

government patent/grant 2. Registered with the ROD:

mandatory, it is the operative act to convey and transfer title

3. Actual physical possession, open and continuous Land ceased to be part of public

domain & now ownership vests to the grantee

Any further grant by Government on same land is null and void

Upon registration, title is indefeasible

TITLE ISSUED PURSUANT TO REGISTRATION OF PATENT: 1. Indefeasible when registered, and

deemed incorporated with Torrens system 1 year after the issuance of patent

2. May not be opened 1 year after entry by LRA (Otherwise, confusion and uncertainty on the government system of the distribution of public


College of Law | 26

CIVIL LAW

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 jurisdiction, may direct reconveyance even without ordering cancellation of title

HOMESTEAD RESTRICTIONS:

1. Cannot be alienated within 5 years after approval of application for patent

2. Cannot be liable for satisfaction of debt within 5 years after approval of patent application

3. Subject to repurchase of heirs within 5 years after alienation when allowed already;

4. No private corporation, partnership, association may 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 Secretary of Environment & Natural Resources)

EXCEPTIONS:

1. Action for partition because it is not a conveyance

2. Alienations or encumbrances made in favor of the government

ERRING HOMESTEADER NOT BARRED BY PARI DELICTO

Pari delicto rule does not apply in void ontracts

Violation of prohibition results in void contract

Action to recover does not prescribe

KINDS TO

WHOM

GRANT

ED

REQUIREME

NTS

HOMESTE

AD

PATENT

To any

Filipino

citizen

over the

Does not own

more than 12

hectares of

land in the

age of

18 years

or head

of the

family

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

Philippin

es (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

SALES

PATENT

Citizens

of

the

to have at

least

1/5 of the land


College of Law | 27

CIVIL LAW

Philippin

es of

lawful

age or

head of

the

family

may

purchas

e public

agricultu

ral land

of not

more

than 12

hectares

To any

citizen of

legal age

for

residenti

al

purpose

s

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

1,000 sq. m.;

Occupant

must have

construed his

house on the

land and

actually 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


College of Law | 28

CIVIL LAW

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)

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 REGISTRATION OF PUBLIC LANDS: [IFEFI] 1. Official issues an instrument of

conveyance 2. File the instrument with ROD 3. Instrument is to be entered in

books and owners duplicate to be issued Instrument is only a contract

between government and private person and does not take effect as conveyance if unregistered, it is registration which is operative act of conveying land; evidence of authority for ROD to register

4. Fees to be paid by grantee 5. After issuance of certificate of title,

land is deemed registered land within the purview of the Torrens system

RESTRICTION ON ALIENATION/ ENCUMBRANCE OF LANDS TITLED PURSUANT TO PATENTS: 1. Lands under free patent or

homestead patent is prohibited from being alienated/encumbered, except if in favor of the government, within 5 years from and after the issuance of the patent or grant (Republic v. Heirs of Felipe Alejaga, Sr., 393 SCRA 361 [2002])

2. 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

3. Lands acquired under emancipation patents issued to landless tenants and farmers must not be alienated or encumbered within 10 years from issuance of the title

4. Conveyances and encumbrances made by persons 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 in which the instrument or deed is written. If illiterate, must be approved by the then Commissi

Land Titles and Deeds REVWR1

Documents

deeds land title

ownership torrens title

quiet title

torrens certificate

vest title

land registration

registration of land

particular land