LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law
LAND, TITLES, AND DEEDS
Justice Oswaldo D. Agcaoili
Philippine Judicial Academy, Supreme Court
REGALIAN DOCTRINE
All lands of whatever classification and other natural
resources not otherwise appearing to be clearly within
private ownership are presumed to belong to the
State.
To overcome the presumption of State ownership, the
applicant must establish through incontrovertible
evidence that the land sought to be registered is
alienable or disposable based on a positive act of the
government. (Republic v. Bantigue, GR No. 162322,
March 14, 2012; See also: Agcaoili, Property
Registration Decree and Related Laws, 2011 ed.)
The doctrine is reflected Art. XII, Sec. 2 of the
Constitution:
Sec. 2. All lands of the public domain, waters,
minerals, coal, petroleum, and other mineral
oils, all forces of potential energy, fisheries,
forests or timber, wildlife, flora and fauna, and
other natural resources are owned by the State.
With the exception of agricultural lands, all other
natural resources shall not be alienated.
But in Cariño v. Insular Government, 41 Phil. 935
(1909), cited in Cruz v. DENR Sec., 347 SCRA 128,
the US Supreme Court granted an Igorot's application
for registration of a piece of land in Benguet based on
the latter's possession of the land from time
immemorial, ratiocinating thus:
―when, as far back as testimony or memory
goes, the land has been held by individuals
under a claim of private ownership, it will be
presumed to have been held in the same way
from before the Spanish conquest, and never to
have been public land.‖
NATURE OF REGISTRATION PROCEEDINGS
Registration is not a mode of acquiring ownership but
is merely a procedure to establish evidence of title
over realty, a system of registration of titles to lands.
The Torrens certificate of title is merely an evidence
of ownership or title in property. (Casimiro
Development Corporation v. Mateo, GR No. 175485,
July 27, 2011)
Land, Titles and Deeds Reviewer
Professor – 2C (2017-2018)
Judicial proceedings for the registration of lands shall
be in rem and based on generally accepted principles
underlying the Torrens system.
Jurisdiction in rem is acquired by the constructive
seizure of the land through publication, service of
notice and posting.
The purpose of registration is to quiet title to land; to
put a stop forever to any question of the legality of the
title, except claims which were noted in the certificate
at the time of registration, or which may arise
subsequent thereto; to decree land titles that shall be
final, irrevocable, and indisputable; and to relieve the
land of the burden of known as well as unknown
claims. (Legarda v. Saleeby, 31 Phil. 590; Ching v.
CA, GR No. 59731, Jan. 11, 1990)
But the Torrens system does not furnish a shield for
fraud, nor permit one to enrich himself at the expense
of others. (Rodriguez v. Lim, 459 SCRA 412;
Manlapat v. Court of Appeals, GR No. 125585, June
8, 2005)
While registration operates as a notice of the
instrument to others, it does not add to its validity nor
conveys an invalid instrument into a valid one as
between the parties. (Pascua v. Court of Appeals, 401
Phil. 350)
Neither does registration amount to a declaration that
the instrument recognizes a valid and subsisting
interest in the land. (Agricultural Credit v. Yusay, 107
Phil. 791)
JURISDICTION
Regional trial courts have exclusive jurisdiction over
land registration cases and all petitions after original
registration. (Sec. 2, PD No. 1529)
However, first level courts may be assigned by the SC
to hear and determine cadastral or land registration
cases:
(a) Where there is no opposition, or
(b) Over contested lots, the value of which does not
exceed P100,000. (Republic v. Bantigue, supra)
Appeal is taken to the Court of Appeals.
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LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
The value of the property is ascertained in three
ways:
First, by the affidavit of the claimant;
Second, by agreement of the respective claimants, if
there are more than one; or,
Third, from the corresponding tax declaration of the
real property. (Sec. 34, BP 129)
Sec. 2, PD 1529 has eliminated the distinction
between the court‘s general jurisdiction and limited
jurisdiction.
Thus, a regional trial court has the authority to hear
not only applications for original registration but also
on all petitions filed after original registration of title.
The amendment aims to avoid multiplicity of suits and
simplify registration proceedings.
The court can now hear and decide not only noncontroversial cases but even contentious issues
which before were beyond its competence.
Initially, the land registration court has jurisdiction
over the land applied for at the time of the filing of the
application.
At the trial, the court, in the exercise of its jurisdiction,
determines whether the land applied for is
registerable, and the title thereto, confirmed.
If the land turns out to be inalienable public land, then
it has no jurisdiction to order its registration and the
court must perforce dismiss the application. (Yujuico
v. Republic, 537 SCRA 513; City of Dumaguete v.
Phil. Ports Authority, GR No. 168973, Aug. 24, 2011).
A registration court which has validly acquired
jurisdiction over land subject of registration cannot be
divested of said jurisdiction by a subsequent
administrative act consisting in the issuance by the
Director of Lands of a homestead patent covering the
same parcel of land.
Reason: proceedings for land registration are in rem,
whereas proceedings for acquisition of homestead
patents are not; thus, a homestead patent is not
conclusive as far as courts acting on proceedings in
rem are concerned. (De los Angeles v. Santos, 12
SCRA 622)
LAND REGISTRATION AUTHORITY (LRA)
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
Functions of the LRA Administrator:
1. Issues decrees of registration
2. Resolves cases elevated en consulta
3. Exercises supervision and control over all
clerks of court in relation to land registration
4. Implements orders or decisions of
registration courts
5. Verifies and approves subdivision and
consolidation survey plans
Functions of the LRA:
1. Extends assistance to the DAR in the
implementation of the land reform program;
2. Extends assistance to registration courts in
ordinary and cadastral registration cases;
and
3. Acts as central repository of records relative
to original registration, including subdivision
and consolidation plans of titled lands.
LRA: issuance of decree ministerial
It is ministerial only in the sense that they act under
the orders of the court and the decree must be in
conformity with the decision of the court. (Gomez v.
Court of Appeals, 168 SCRA 503)
But the duty ceases to be ministerial where the
issuance of decree would result in double titling of
lands. (Angeles v. Sec. of Justice, GR No. 142549,
March 9, 2010)
Distinction between “Title” and “Certificate of
Title”
Title may be defined as that which constitutes a just
cause of exclusive possession, or which is the
foundation of ownership of property.
Certificate of title, on the other hand, is a mere
evidence of ownership; it is not the title to the land
itself. (Castillo v. Escutin, GR No. 171056, March 13,
2009, 581 SCRA 258)
All claims to a parcel of land are quieted upon
issuance of the certificate. (Decaleng v. Phil.
Episcopal Church, GR No. 171209, June 27, 2012)
The law does not require a person dealing with the
owner of registered land to go beyond the certificate
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LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law
of title as he may rely on the notices of the
encumbrances on the property annotated on the title.
Registration affords legal protection such that the
claim of an innocent purchaser for value is recognized
as valid despite a defect in the title of the vendor.
(PCSO v. New Dagupan Metro Gas Corp., GR No.
173171, July 11, 2012)
Ownership is different from a certificate of title. The
certificate serves as proof of ownership.
But mere issuance of a certificate of title does not
foreclose the possibility that the property may be
under co-ownership with persons not named in the
certificate, or that the registrant may only be a trustee,
or that other parties may have acquired interest over
the property subsequent to the issuance of the
certificate of title. (Lacbayan v. Samoy, GR No.
165427, March 21, 2011)
Professor – 2C (2017-2018)
city where the land to which it relates lies, be
constructive notice to all persons from the time of
such registering, filing, or entering.
Registration in the public registry is notice to the
whole world. (Guaranteed Homes v. Valdez (577
SCRA 441)
Thus, between two buyers of the same land, priority is
given to:
1. The first registrant in good faith;
2. Then, the first possessor in good faith; and
3. Finally, the buyer who in good faith presents
the oldest title. (Art. 1544, CC)
This rule, however, does not apply if the property is
not registered under the Torrens system. (Abrigov. De
Vera, 432 SCRA 544)
There shall be at least one Register of Deeds for each
province and city.
Property registered
remains, for all legal
person in whose
notwithstanding the
conveyance, unless
registered.
Registration of instruments affecting registered land
must be done in the proper registry to affect the land
and bind third persons. (Aznar Brothers v. Aying, 458
SCRA 496).
If a sale is not registered, it is binding only between
the seller and the buyer, but it does not affect
innocent third persons. (Bulaong v. Gonzales, GR No.
156318, Sept. 5, 2011)
A property registered under the Torrens system is, for
all legal purposes, unencumbered or remains to be
the property of the person in whose name it is
registered, notwithstanding the execution of any
conveyance, mortgage, lease, lien, order or judgment
unless the corresponding deed is registered.
The order of entries in the Primary Entry Book of the
RD determines the priority in registration. (Bulaong v.
Gonzales, GR No. 156318, Sept. 5, 2011)
OFFICE OF THE REGISTER OF DEEDS
Registration of instruments affecting registered land
must be done in the proper registry in order to affect
and bind the land (Aznar Brothers v. Aying, 458
SCRA 496) and is notice to the whole world.
(Guaranteed Homes, Inc. v. Valdez, 577 SCRA 441)
Constructive Notice
SEC. 52. Constructive notice upon registration. —
Every conveyance, mortgage, lease, lien, attachment,
order, judgment, instrument or entry affecting
registered land shall, if registered, filed or entered in
the Office of the Register of Deeds for the province or
Land, Titles and Deeds Reviewer
under the Torrens system
purposes, the property of the
name it is registered,
execution of any deed of
the corresponding deed is
Under the Torrens system of registration, all
encumbrances on the land shall be shown, or at least
intimated upon the certificate of title and a person
dealing with the owner of the registered land is not
bound to go behind the certificate and inquire into
transactions, the existence of which is not there
intimated.
The act of registration shall be the operative act to
convey or affect the land insofar as third persons are
concerned, and in all cases, the registration shall be
made in the office of the Register of Deeds for the
province or city where the land lies. (Sec. 51, PD
1529; Bulaong v. Gonzalez, supra.)
Duty of Register of Deeds to Register: Ministerial
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LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
Whether the document is valid or not is not for the RD
to decide but for the courtto determine. (Gurbax Singh
v. Reyes, 92 Phil. 182; Almirol v. Register of Deeds of
Agusan, 22 SCRA 1152)
Registration must first be allowed and the validity or
effect thereof litigated afterwards.
If the RD is in doubt as to the action taken, or where
the interested party does not agree with the action
taken by him, the RD shall certify the question to the
LRA via consulta for resolution. (Sec. 117, PD 1529)
Instances where Register of Deeds may hold
registration
1. Where there are several copies of the title (as in
co-ownership) but only one is presented.
 Every copy of the duplicate original must
contain identical entries of the transactions,
particularly voluntary ones, otherwise the
whole Torrens system would cease to be
reliable.
 The integrity of the Torrens system may be
adversely affected if an encumbrance, or
outright conveyance, is annotated on only
one copy and not on the others.
2. Where the property is presumed conjugal but the
document bears the signature of only one spouse.
 Under Article 166 of the CC, the alienation of
conjugal property by the husband without the
wife‘s consent is voidable. The wife may ask
for annulment of the contract within 10 years.
 But where the title is solely in the name of
the husband, and there is no showing that
the land was acquired during the marriage,
the presumption of conjugality does not
obtain. (Assoc. Insurance v. Banzon, 26
SCRA 268)
Under Art. 160 of the CC, all property of the marriage
is presumed to belong to the conjugal partnership,
unless it be proved that it pertains exclusively to the
husband or to the wife. While it is not necessary to
prove that the property was acquired with funds of the
partnership, proof of acquisition during the marriage is
an essential condition for the operation of the
presumption in favor of the conjugal partnership.
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
Where there is no showing as to when the property
was acquired, the fact that the title is in the name of
―Antonia Dela Peña, married to Antegono Dela
Peña‖is determinative of its nature as paraphernal,
i.e., belonging exclusively to the wife. (Dela Peña v.
Avila, GR No. 187490, Feb. 8, 2012)
Under the Family Code (Aug. 3, 1988), the sale of a
conjugal property requires the consent of both the
husband and the wife. The absence of the consent of
one renders the sale null and void, while the vitiation
(e.g., mistake, violence, intimidation, undue influence
or fraud, Art. 1390, CC) thereof makes it merely
voidable.
Only in the latter case can ratification cure the defect.
Doctrinally and clearly, a void contract cannot be
ratified. (Guiang v. CA, GR No. 125172, June 26,
1998)
4. Where there is a pending case involving the
character of the land or validity of the conveyance
 In such case, registration may well await the
outcome of the case; meantime the rights of
the interested parties could be protected by
the filing of a notice of lis pendens. (Balbin v.
Register of Deeds, 28 SCRA 12)
5. Where required certificates or documents are not
submitted, such as –
 DAR clearance, copy of latest tax
declaration, certificate of payment of
documentary stamp tax and capital gains
tax, BIR certificate authorizing registration
(CAR), tax clearance certificate of real estate
taxes, certificate of payment of transfer tax,
secretary‘s certificate and articles of
incorporation (in case of a corporation),
HLURB registration papers and license to
sell (in case of a subdivision project), TIN,
etc.
PRIMARY CLASSIFICATION OF LANDS OF
PUBLIC DOMAIN
The 1987 Constitution classifies lands of the public
domain into:
1. Agricultural lands,
2. Forest or timberlands,
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LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
3. Mineral lands, and
4. National parks.
Alienable lands of the public domain shall be limited
to agricultural lands.
Classification of lands under the 1935, 1973 and
1987Constitutions
The 1935 Constitution classified lands of the public
domain into agricultural, forest or timber.
The 1973 Constitutionprovided the following divisions:
agricultural, industrial or commercial, residential,
resettlement, mineral, timber or forest and grazing
lands, and such other classes as may be provided by
law, giving the government great leeway for
classification.
The 1987 Constitution reverted to the 1935
Constitution classification with one addition: national
parks. Of these, only agricultural lands may be
alienated. . . .(Republic v. AFP Retirement and
Separation Benefits System, GR No. 180463, Jan. 16,
2013)
Pursuant to Secs. 6 and 7 of the Public Land Act (CA
141, as amended), the President, upon
recommendation of the proper department head, has
the authority to classify lands of the public domain into
alienable or disposable, timber and mineral lands.
The classification of public lands is an exclusive
prerogative of the executive department. In the
absence of classification, the land remains as
unclassified land until it is released for disposition.
(Republic v. Fabio, 575 SCRA 511)
The President through a proclamation or executive
order can classify or reclassify lands of the public
domain. (Sec. of DENR v. Yap, 568 SCRA 164) The
DENR Secretary is the only other official authorized to
approve a land classification.
This case illustrates the classification by Presidential
fiat of Boracay Island in Malay, Aklan. On May 22,
2006, during the pendency of the case, President
Arroyo issued Proclamation No. 1064 classifying
Boracay Island into 400 hectares of reserved forest
land (protection purposes) and 628.96 hectares of
agricultural land, declaring it as alienable and opening
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
it for private ownership. (DENR Sec. v. Yap, GR No.
167707, Oct. 8, 2008)
Secondary Classification of Agricultural Lands
For purpose of administration and disposition, A and
D lands may be further classified according to the use
or purpose to which they may be devoted:
1. Agricultural;
2. Residential, commercial, industrial, or for
similar purposes
3. Educational, charitable, or other similar
purposes; and
4. Reservations for townsites and for public and
quasi-public uses. (Sec. 9, CA No. 141).
“Public land” distinguished from “government
land”
Public land is equivalent to public domain and
includes only such land as may be the subject of
disposition.
Government land and public land are not
synonymous –the first includes not only the second
but also other lands already reserved or devoted to
public use or subject to a private right.
In sum, the government owns real estate which is part
of ―public lands‖ and other real estate which is not a
part thereof. (Montano v. Insular Government, 12 Phil.
572)
NON-REGISTRABLE PROPERTIES
Lands for public use or public service
1. Those intended for public use, such as
roads, canals, rivers, torrents, ports and
bridges, etc.;
2. Those which, without being for public use,
are intended for some public service or for
the development of the national wealth. (Art.
420, CC)
These properties are outside the commerce of men
and therefore not subject to private appropriation.
(Martinez v. Court of Appeals, 56 SCRA 647)
Property of public dominion, when no longer needed
for public use or for public service, form part of the
patrimonial (or private) property of the State.
Page 5 of 62
LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law
Property devoted for public service cannot be sold
until there is a formal declaration by the government
withdrawing it from being such. (Laurel v. Garcia, 17
SCRA 797)
Patrimonial property may be acquired by private
persons through prescription. (Malabanan v.
Republic, 587 SCRA 172; Sec. 14(2), PD 1529)
Property of public dominion, which generally includes
property belonging to the State, is beyond the
commerce of man. (Art. 420, CC)
The Iloilo fishing port which was constructed by the
State for public use and/or public service falls within
the term "port" under Art. 420 of the CC. As such, it
cannot be subject to execution or foreclosure sale. In
like manner, the reclaimed land on which the IFPC is
built cannot be the object of a private or public sale
without Congressional authorization. (City of Pasig v.
Republic, GR No. 185023, Aug. 24, 2011)
Waters
Rivers and their natural beds, lakes, all categories of
surface waters, atmospheric or subterranean ground
waters, and seawater all belong to the State.
Waters found, or rain water falling, on private lands
also belong to the State. (PD 1067, Water Code)
PD 1067 (Water Code, 1976) repealed Arts. 502 to
518 of the Civil Code on Waters.
The following belong to the state:
Rivers and their natural beds; continuous or
intermittent waters of springs and brooks;
natural lakes and lagoons, all categories of
surface
waters;
atmospheric
water;
subterranean or ground waters; and sea water.
The following waters found on private lands belong to
the State:
Continuous or intermittent waters rising on such
lands; lakes and lagoons naturally occurring on such
lands; rain water falling on such lands; subterranean
or ground waters; and water in swamps and marshes.
Forests
Forest is a large tract of land covered with a natural
growth of trees and underbrush.
Land, Titles and Deeds Reviewer
Professor – 2C (2017-2018)
The classification is descriptive of its legal nature or
status and does not have to be descriptive of what the
land actually looks like. (DENR Sec. v. Yap, GR No.
167707, Oct. 8, 2008)
Unless and until the land classified as forest is
released as A and D, the rules on confirmation of title
do not apply. (Amunategui v. Director of Forestry, 126
SCRA 69)
Timber licenses, permits and license agreements are
the principal instruments by which the State regulates
the utilization of forest resources. (Alvarez v. PICOP
Resources, Inc., 606 SCRA 444)
They merely evidence a privilege granted by the State
to qualified entities and do not vest in the latter a
permanent or irrevocable right.
They are not deemed contracts within the purview of
the due process clause. (Oposa v. Factoran, GR No.
101083, July 30, 1993)
Watersheds
Watershed is an area drained by a river and enclosed
by a boundary which separates it from adjacent
watersheds.It is not susceptible of occupancy,
disposition, or alienation. (Collado v. CA, GR No.
107764, Oct. 4, 2002)
The protection of watershed ensures an adequate
supply of water for future generations and the control
of flashfloods that not only damage property but also
cause loss of lives. (Tan v. Director of Forestry, 125
SCRA 302)
Mangrove swamps
Mangrove swamps or manglares are forestaland not
alienable agricultural land.
BFAR has no jurisdiction to dispose of swamplands or
mangrove lands while such lands are still classified as
forest lands.
Mangrove swamps form part of the public forests and
therefore not subject to disposition until they are first
classified as alienable agricultural land. (Director of
Forestry v. Villareal, 170 SCRA 598)
Mineral Lands
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LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
Mineral land means any area where mineral
resources are found.
Mineral lands and resources are owned by the State
and their exploration, development and utilization is
subject to the full control and supervision of the State.
(Republic v. CA and Dela Rosa, 160 SCRA 228; La
Bugal-B’laan v. Ramos, 445 SCRA 1)
Possession of mineral land, no matter how long, does
not confer possessory rights. (Atok Big Wedge v. CA,
193 SCRA 71)
National Parks
Land reserved for a national park cannot be
registered.
Where a certificate of title covers a portion of land
within the area reserved for park purposes, the title
should be annuled with respect to that portion.
(Palomo v. CA, 266 SCRA 392)
For instance, any portion of the Tiwi Hot Spring
National Park cannot be disposed of under the Public
Land Act or Property Registration Decree.
Military or Naval Reservation
Land inside a military (or naval) reservation, like the
Fort Bonifacio Military Reservation, cannot be the
object of registration unless it had been withdrawn
from the reservation, reclassified and declared as
disposable public land. 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. (Republic v. Southside, 502 SCRA 587)
Moreover, the 1987 Constitution forbids private
corporations from acquiring any kind of alienable land
of the public domain, except through lease for a
limited period. (Ibid)
Foreshore Lands
Foreshore lands are inalienable unless declared to be
A and D portions of the public domain.
A foreshore land is that ―strip of land that lies between
the high and low water marks and that is alternately
wet and dry according to the flow of the tide, ―or "that
part of the land adjacent to the sea which is
alternately covered and left dry by the ordinary flow of
the tides.―(Republic v. RREC, 299 SCRA 199)
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
But land invaded by the sea is a foreshore land and
forms part of the public domain. (Republic v. CA and
Morato, 281 SCRA 639)
―The CCP is a ‗non-municipal public corporation‘
established for the primary purpose of propagating
arts and culture in the Philippines. It was created to
awaken the consciousness of the Filipino people to
their artistic and cultural heritage, and encourage
them to assist in its preservation, promotion,
enhancement and development. The CCP Complex
was established as a worthy venue for Filipino artists
to express their art and for the people to appreciate
art and the Filipino culture. But more than its peso
and centavo significance, the Decision and Amended
Decision, unless reversed, will deal arts and culture a
debilitating blow.‖ (Puno, J., concurring opinion in
Republic v. RREC)
Reclaimed Lands
Submerged areas form part of the public domain; only
when reclaimed from the sea can these submerged
areas be classified as agricultural lands.
Once reclaimed the government may then officially
classify these lands as A and D, and declare these
lands no longer needed for public service. Only then
can these lands be considered as A and D lands and
within the commerce of men. (Chavez v. PEA, 384
SCRA 152)
Absent two official acts –
(a) a classification that submerged areas are A and
D, and
(b) a declaration that they are not needed for public
service -lands reclaimed from the sea are
inalienable.
The Public Estates Authority (PEA), renamed as
Philippine Reclamation Authority (PRA), is the agency
authorized to undertake reclamation projects.
Lakes
Lakes are neither agricultural nor disposable lands of
the public domain; hence, free patents and certificates
of title covering portions of the lake are a nullity.
But areas beyond its natural bed, or the ground
covered by the waters at their highest ordinary depth
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LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
during the dry season, may be registered. (Republic
v. CA and De Rio, 131 SCRA 532)
The LLDA has exclusive authority to issue permits for
the use of the waters of the Laguna de Bay.
Rivers and Creeks
Rivers and creeks are parts of the public domain for
public use and not capable of appropriation or
acquisition by prescription.
The ownership of a stream may not be acquired
under a public land patent and the issuance of the
corresponding certificate of title does not change its
public character. (Mateo v. Moreno, 28 SCRA 796)
A dried up creek is property of public dominion.
(Fernando v. Acuña, GR No. 161030, Sept. 14, 2011)
Protected Areas
RA No. 7586 provides for the establishment and
management of a national integrated protected areas
system referred to as the ―National Integrated
Protected Areas System (NIPAS) Act of 1992‖.
Protected areas are necessary to maintain essential
ecological processes and life-support systems, to
preserve genetic diversity, to ensure sustainable use
of resources found therein.
A protected area, like the Bataan Natural Park, is
inalienable.
Reservations for public and semi-public purposes
The President may designate by proclamation any
tract of land of the public domain for the use of the
Republic or its branches, e.g., public or semi-public
uses like highways, hydroelectric sites, railroads,
irrigation systems, etc. which shall be inalienable.
The reserved land shall thereafter remain until
otherwise provided by law or proclamation. (Republic,
rep. by Mindanao Medical Center v. CA, 73 SCRA
146)
DISPOSITION OF PROPERTY BY THE STATE
The State possesses not only the right to determine
what lands may or may not be the subject of
disposition, the size thereof and procedure for the
acquisition of title to land.
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
For the purpose, the State has adopted the policy of
multiple land use to the end that the country‘s natural
resources may be rationally explored, developed,
utilized and conserved, and to maintain a rational and
orderly balance between socio-economic growth on
one hand and environmental protection on the other.
―Taking into account the requirements of
conservation, ecology, and development, and subject
to the requirements of agrarian reform, the Congress
shall determine, by law, the size of lands of the public
domain which may be acquired, developed, held, or
leased and the conditions therefor.‖(Sec. 3, Art. XII,
Constitution)
―Private corporations or associations may not hold
such alienable lands of the public domain except by
lease, for a period not exceeding twenty-five years,
renewable for not more than twenty-five years, and
not to exceed one thousand hectares in area. Citizens
of the Philippines may lease not more than five
hundred hectares, or acquire not more than twelve
hectares thereof by purchase, homestead, or
grant.‖(Sec. 3, id.)
―The Congress shall, as soon as possible, determine
by law the specific limits of forest lands and national
parks, marking clearly their boundaries on the ground.
Thereafter, such forest lands and national parks shall
be conserved and may not be increased nor
diminished, except by law. The Congress shall
provide, for such period as it may determine,
measures to prohibit logging in endangered forests
and watershed areas.‖(Sec. 4, id.)
―The State, subject to the provisions of this
Constitution and national development policies and
programs, shall protect the rights of indigenous
cultural communities to their ancestral lands to ensure
their economic, social, and cultural well-being.
The Congress may provide for the applicability of
customary laws governing property rights or relations
in determining the ownership and extent of ancestral
domain.‖(Sec. 5, id.)
LAND REGISTRATION: Historical Flashback
Public Land Act (Act No. 926)
 Passed pursuant to the Philippine Bill of
1902.
Page 8 of 62
LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law



Prescribed rules for homesteading, selling
and leasing portions of the public domain.
Provided for the issuance of patents to
native settlers, for the establishment of
townsites, and for confirmation of Spanish
concessions and grants.
Operated on the assumption that the
government‘s title to public land sprung from
the Treaty of Paris between Spain and the
United States.
Public Land Act (Act No. 2874)
 Passed in 1919 under the Jones Law.
 It was more comprehensive in scope but
limited the exploitation of agricultural lands to
Filipinos and Americans and citizens of other
countries which gave Filipinos the same
privileges.
 After the passage of the 1935 Constitution,
Act No. 2874 was amended in 1936 by CA
No. 141, the present Public Land Act which
is essentially the same as Act No. 2874.
Public Land Act (C.A. No. 141)
 Approved on November 7, 1936, it applies to
all lands of the public domain that have been
officially delimited and classified.
 Provides for the different modes of
government grant, e.g., homestead, sale,
free patent (administrative legalization), and
reservations for public and semi-public
purpose.
 A certificate of title issued pursuant to a
public land patent has the same validity and
efficacy as a certificate of title issued through
ordinary registration proceedings.
Land Registration Act (Act No. 496)
 Approved on November 6, 1902, but became
effective on January 1, 1903, it established
the Torrens system.
 The ―Court of Land Registration‖ had
exclusive jurisdiction over all applications for
registration.
 Registration under the system did not create
a title; it simply confirmed a title already
vested.
 Proceedings under the Act were in rem,
 Final decrees were regarded as indefeasible
and could not be reopened except upon a
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
petition for review within one year after entry
of decree.
Cadastral Act (Act No. 2259)
 Enacted on February 11, 1913, it is a
compulsory registration proceeding initiated
by the government to ―settle and adjudicate‖
title to lands.
 The Director of Lands gives notice to all
persons of the date of survey for them to
inform the surveyors of the boundaries of
their claims.
 Only unregistered lands may be the subject
of survey.
 All conflicting interests shall be adjudicated
by the court and in the absence of
successful claimants, the property is
declared public land.
Property Registration Decree (PD 1529)
 Approved June 11, 1978, the Decree
supersedes and codifies all laws relative to
land registration.
 It substantially incorporates the substantive
and procedural requirements of Act No. 496
but includes judicial confirmation of imperfect
titles under its Section 14(1).
 It provides remedies for fraudulent
registration, including an Assurance Fund to
answer for damages.
REGISTRATION UNDER SECTION 14, PD 1529
Under Section 14(1)
―Those who by themselves or their predecessors-ininterest 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 ownership since June 12, 1945, or
earlier.‖
Requisites
1. The applicant must be a Filipino citizen.
2. The land must already be classified as
alienable and disposable (A and D) land at
the time of the filing of the application
(Mercado v. Valley Mountain Mines, GR No.
141019, Nov. 23, 2011; Victoria v. Republic,
GR No. 179673, June 8, 2011; Republic v.
Vega, GR No. 177790, Jan. 17, 2011;
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LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law
Malabanan v. CA, GR No. 179987, April 29,
2009).
3. Possession and occupation must be open,
continuous, exclusive and notorious under a
bona fide claim of ownership (OCENCO).
4. Since June 12, 1945 or earlier.
Possession is:
 Open when it is patent, visible, apparent,
notorious and not clandestine;
 Continuous when uninterrupted, unbroken
and not intermittent or occasional;
 Exclusive when the adverse possessor can
show exclusive dominion over the land and
an appropriation of it to his own use and
benefit; and
 Notorious when it is so conspicuous that it
is generally known and talked of by the
public or the people in the neighborhood.
(Bienvenido v. Gabriel, GR No. 175763, April
11, 2012)
Rationale of the rule that the land need be classified
as A and D already at the time the application is filed:
―If the State, at the time the application is made,
has not yet deemed it proper to release the
property for alienation or disposition, the
presumption is that the government is still
reserving the right to utilize the property; hence,
the need to preserve its ownership in the State
irrespective of the length of adverse possession
even in good faith.‖
Under Sec. 14(2)
―Those who have acquired ownership of private lands
by prescription under the provisions of existing laws‖
Rule on prescription:
1. Ordinary prescription –10 years in good faith
2. Extraordinary prescription –30 years
3.
But land must be patrimonial property for prescription
to apply. (Malabanan v. Republic, supra)
Lands of the public domain shall form part of the
patrimonial property of the State when there is a
declaration that:
 These lands are alienable or disposable, and
 Are no longer intended for public use or
public service
Land, Titles and Deeds Reviewer
Professor – 2C (2017-2018)
Only when such lands have become patrimonial can
the prescriptive period for the acquisition of the
property begin to run. (Malabanan v. CA, supra)
Concept of
prescription



possession
for
purposes
of
Possession must be that of owner, and it
must be public, peaceful and uninterrupted.
Acts of a possessory character by virtue of a
license or mere tolerance are not sufficient.
The present possessor may complete the
period for prescription by tacking his
possession to that of his grantor or
predecessor-in-interest.
It is presumed that the present possessor
who was also the possessor at a previous
time has continued to be in possession
during the intervening time.
Under Sec. 14(3)
―Those who have acquired ownership of private lands
or abandoned river beds by right of accession or
accretion under the existing laws.‖
Ownership of abandoned river beds by right of
accession:
Under Article 461 of the Civil Code, river beds which
are abandoned through the natural change in the
course of the waters ipso facto belong to the owners
whose lands are occupied by the new course in
proportion to the area lost. However, the owners of
the adjoining lands shall have the right to acquire the
same by paying the value thereof. The reason is that
they are in the best position to utilize the old river bed
which is adjacent to their property.
Q: A and Beach own land on opposite sides of a river.
The river changed its course, passing though the land
of C. Who owns the abandoned river bed?
A: C, to compensate him for his loss.
Q: But suppose that two owners, C and D, lost
portions of their lands, who owns the river bed?
A: C and D, in proportion to the area lost.
The owners of the affected lands may not compel the
government to restore the river to its former bed, nor
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LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law
can they restrain the government from taking steps to
revert the river or stream to its former courts.
But the owners may themselves undertake the
reversion of the river to its original course, but upon a
permit issued by the government. (Art. 58, PD 1067,
Water Code)
The ownership of the abandoned river bed is
transferred ipso facto to the owners whose lands are
occupied by the new course of the river ―to
compensate for the loss of the land occupied by the
new bed.‖
Requisites for the application of Art. 461:
1. The change must be sudden in order that the
old river may be identified;
2. The change of the course must be more or
less permanent and not temporary
overflooding of another‘s land.
3. The change of the river must be a natural
one, i.e., caused by natural forces (and not
by artificial means)
4. There must be a definite abandonment by
the government;
5. The river must continue to exist, i.e., it must
not completely disappear.
Ownership by right of accretion along river banks
Under Art. 457, CC, to the owners of land adjoining
the banks of rivers belong the accretion which they
gradually receive from the effects of the current of the
waters. Justification:
 To offset the owner‘s loss for possible
erosion of his land due to the current of the
river;
 To compensate him for his burdens arising
from the subjection of his land to
encumbrances or legal easements; and
 Owner is in the best position to cultivate it.
(Cortex v. City of Manila, 10 Phil. 567)
The increment does not automatically become
registered land just because the lot which receives
such accretion is covered by a Torrens title. It must be
placed under the operation of the Torrens system.
(Cureg v. IAC, 177 SCRA 313)
The owner must register the accretion under the
Torrens system, otherwise the alluvial property may
be subject to acquisition through prescription by third
persons. (Grande v. Court of Appeals, 5 SCRA 524)
Land, Titles and Deeds Reviewer
Professor – 2C (2017-2018)
Requisites for the application of Art. 457:
1. That the deposit be gradual and
imperceptible;
2. That it be made through the effects of the
current of the water; and
3. That the land where accretion takes place is
adjacent to the banks of rivers.
In the absence of evidence that the change in the
course of the river was sudden or that it occurred
through avulsion, the presumption is that the change
was gradual and caused by accretion and erosion.
A riparian owner does not acquire the additions to his
land caused by special works designed to bring about
accretion.
Private persons cannot reclaim land from water
bodies belonging to the public domain without
permission from government authorities.
And even if such reclamation is authorized, the
reclaimed land does not automatically belong to the
party reclaiming it as the land may still be the subject
to the terms of the authority granted.
Alluvial formation along the seashore is part of the
public domain and, therefore, not open to acquisition
by adverse possession.
―Art. 4, Lands added to the shore by accretion and
alluvial deposits caused by the action of the sea,
form part of the public domain. When they are no
longer washed by the waters of the sea, and are
not necessary for purposes of public utility, or for
the establishment of special industries, or for the
coast-guard service, the Government may declare
them to be the property of the owners of the estate
adjacent thereto and as an increment
thereof.‖(Spanish Law of Waters)
Until a formal declaration by the government, through
the executive or legislature, that the alluvial formation
is no longer needed for coast guard service, for public
use or for special industries, the same continues to be
part of the public domain not available for private
appropriation of ownership. The land is not subject to
ordinary prescription as it is outside the sphere of
commerce.
Under Sec. 14(4)
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LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
―Those who have acquired ownership of land in any
other manner provided for by law.‖
In Republic, rep. by the Mindanao Medical Center v.
Court of Appeals (GR No. L-40912, Sept. 30, 1976),
the SC held that Proclamation No. 350 legally
effected a land grant for medical purposes to the
Mindanao Medical Center validly sufficient for initial
registration under the Land Registration Act.
In International Hardwood and Veneer Co. v.
University of the Philippines, Proc. No. 791 withdrew
from settlement and reserved a parcel of land for the
experiment station of the UP, followed by RA 3990
which ―ceded and transferred (the same area) in full
ownership‖ to the UP, ―subject to existing
concessions, if any.‖
Pursuant to the reservation, the Court held that the
government divested itself of its rights and title thereto
and made UP the absolute owner thereof, subject
only to existing concessions.
REGISTRATION UNDER SECTION 48(b), PUBLIC
LAND ACT (CA 141)
Who may apply?
―Those 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
of ownership, since June 12, 1945, except when
prevented by war or force majeure. These shall be
conclusively presumed to have performed all the
conditions essential to a Government grant and shall
be entitled to a certificate of title under the provisions
of this chapter.‖(Sec. 48[b], CA 141)
No material differences between Sec. 14(1) of PD
No. 1529 and Sec. 48(b) of CA No. 141
While the Public Land Act (PLA) refers to ―agricultural
lands of the public domain‖ and the Property
Registration Decree (PRD) refers to ―alienable and
disposable lands of the public domain,‖ the subject
lands are of the same type since under the
Constitution, alienable lands of the public domain
shall be limited to agricultural lands.
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
Sec. 48(b), CA 141, as amended by PD 1073,
requires possession since June 12, 1945, or prior
thereto.
But the land must already be classified as A and D
land at the time the application for registration is
filed. (Malabanan vs. CA, GR No. 179987, April
29, 2009)
Developments in the law as to requisite
possession
 The first PLA, or Act 926, required a
possession and occupation for a period of
ten (10) years prior to the effectivity of Act
No. 296 on July 26, 1904 or on July 26,
1894.
 This was adopted in the PLA until it was
amended by RA 1942 on June 22, 1957,
which provided for a period of thirty (30)
years.
 It was only with the enactment of PD 1073
on Jan. 25, 1977 that it was required that
possession
and
occupation
should
commence on June 12, 1945. (Rep. v. East
Silverlane, GR No. 186961, Feb. 20, 2012;
Rep. v. Espinosa, GR No. 171514, July 18,
2012)
PD 1073 cannot impair vested rights
Vested rights acquired under Sec. 48(b) prior to its
amendment by PD 1073 must be respected.
Thus, an applicant who, prior to the effectivity of
PD 1973 on Jan. 25, 1977, has been in open,
continuous, exclusive and notorious possession
and occupation of an agricultural land of the public
domain, under a bona fide claim of ownership, for
at least 30 years, or at least since Jan. 24, 1947,
may apply for judicial confirmation of imperfect or
incomplete title under Sec. 48(b) of the PLA. (Rep.
v. Espinosa, GR No. 171514, July 18, 2012)
When the conditions specified in Sec. 48(b) of the
PLA are complied with, the possessor is deemed to
have acquired, by operation of law, a right to a grant,
without the necessity of a certificate of title being
issued. (Herico v. Dar, 95 SCRA 437; Republic v.
Doldol, supra)
Compliance with all requirements for a government
grant ipso jure converts land to private property. The
land ceases to be of the public domain and is beyond
the authority of the DENR to dispose of it under any of
Page 12 of 62
LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law
Professor – 2C (2017-2018)
the modes of disposition under the Public Land Act.
(Susi v. Razon, 48 Phil. 424)
Section 48 (b) of the Public Land Act is the law that
recognizes the substantive right of a possessor and
occupant of an alienable and disposable land of the
public domain, while Section 14 (1) of the Property
Registration Decree recognizes this right by
authorizing its registration, thus bringing the land
within the coverage of the Torrens System.
(Concurring opinion of J. Brion in Chang v. Republic,
GR No. 171726, Feb. 23, 2011)
Section 48 (b) of the Public Land Act is the law that
recognizes the substantive right of a possessor and
occupant of an alienable and disposable land of the
public domain, while Section 14 (1) of the Property
Registration Decree recognizes this right by
authorizing its registration, thus bringing the land
within the coverage of the Torrens System.
The mode of acquisition recognized by Section 48 (b)
of the Public Land Act and made registrable under
Section 14 (1) of the Property Registration Decree is
through confirmation of an imperfect or incomplete
title.
Both provisions allow confirmation of an imperfect or
incomplete title only if the claimant has been in open,
continuous, exclusive and notorious possession and
occupation of alienable and disposable lands of the
public domain since June 12, 1945 or earlier.
REGISTRATION UNDER THE
PEOPLES RIGHTS ACT (RA 8371)


communities or indigenous peoples
(ICCs/IPs) as a distinct sector in Philippine
Society.
It grants these people the ownership and
possession of their ancestral domains and
ancestral lands, and defines the extent of
these lands and domains.
The ownership given is the indigenous
concept of ownership under customary law
which traces its origin to native title.
Ancestral lands/domains are not deemed part of the
lands of the public domain but are private lands
belonging to ICCs/IPs who have actually occupied,
possessed and utilized their territories under claim of
ownership since time immemorial.
Native title refers to pre-conquest rights which, as far
back as memory reaches, have been held under
claim of private ownership by ICCs/IPs, have never
been public lands and are thus indisputably presumed
to have been held that way since before the Spanish
Conquest. (Cruz v. Sec. of DENR, 347 SCA 128)
The National Commission on Indigenous Peoples
(NCIP) has the authority to issue certificates of
ancestral domain title (CADT) or certificates of
ancestral land title (CALT).
The recording of CADT and CALT in the Office of the
Register of Deeds does not result in the issuance of
Torrens certificate of title.
INDIGENOUS
The purpose of registration is simply to apprise the
public of the fact of recognition by the NCIP of specific
claims to portions of the ancestral domains or
ancestral lands.
―The State recognizes and promotes the rights of
indigenous cultural communities within the framework
of national unity and development.‖(Sec. 2 Art. II)
Modes of Acquisition
The rights of ICCs/IPs to their ancestral domains and
ancestral lands may be acquired in two modes:
1. By native title over both ancestral lands and
domains; or
2. By Torrens title under the Public Land Act
(CA No. 141) of the Property Registration
Decree (PD No. 1529) with respect to
ancestral lands only.
Constitutional provisions
The Congress may provide for the applicability of
customary law governing property rights or relations
in determining the ownership and extent of ancestral
domain.‖(Sec. 5, par. 2, Art. XII)
Indigenous concept of ownership

The IPRA (RA No. 8371) recognizes the
existence of the indigenous cultural
Land, Titles and Deeds Reviewer
Requisites for Registration
1. The applicant is a member of an indigenous
cultural group;
Page 13 of 62
LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law
2. He must have been in possession of an
individually-owned ancestral land for not less
than thirty (30) years;
3. By operation of law, the land is already
classified as A and D, even if it has a slope
of 18% or over, hence, there is no need to
submit a separate certification that the land
is A and D. (Sec. 12, RA 8371)
The rights of ownership over ancestral lands may be
transferred subject to the following limitations:
1. Only to members of the same ICCs/IPs;
2. In accord with customary laws and traditions;
and
3. Subject to the right of redemption for a
period of fifteen (15) years if the land was
transferred to a non-member.
Ancestral domains belong to all generations and
therefore cannot be sold, disposed or destroyed.
DIPOSITION OF FRIAR LANDS (ACT 1120)
Friar lands are not public lands but private or
patrimonial property of the government.
Friar lands were purchased by the government for
sale to actual occupants under Act 120 (Friar Lands
Act)
The Lands Management Bureau (LMB) shall first
issue a sales certificate to the occupant who shall pay
the purchase price in instalments.
The purchaser becomes the owner upon the issuance
of the certificate of sale, subject to cancellation in
case the price agreed upon is not paid in full
Upon full payment, the government shall then issue a
final deed of conveyance to the purchaser
No lease or sale shall be valid until approved by the
DENR Secretary (Manotok v. Barque, GR No.
162335, Aug. 24, 2010)
Sale of friar lands is different from sale of public
lands:
 In sale of public lands, the land is opened for
bidding; the successful bidder is given right
of entry and to cultivate and improve the
land.
Land, Titles and Deeds Reviewer
Professor – 2C (2017-2018)


Upon cultivation of 1/5 of the land, the
applicant is given a sales patent.
In the case of friar lands, the purchaser
becomes the owner upon issuance of the
certificate of sale in his favor.
WHO MAY APPLY? CITIZENSHIP REQUIREMENT
On the basis of their capacity “to acquire or holds
lands of the public domain, ”the following may
acquire private lands:
1. Filipino citizens
2. Filipino corporations and associations, 60%
of whose capital are owned by Filipinos
3. Aliens by hereditary succession (Sec. 7, Art.
XII)
4. A natural-born citizen of the Philippines who
has lost his Philippine citizenship, subject to
limitations provided by law. (Sec. 8, Id.)
Citizens of the Philippines:
1. Those who are citizens of the Philippines at
the time of the adoption of the 1987
Constitution
2. Those whose fathers or mothers are citizens
of the Philippines
3. Those born before January 17, 1972, of
Filipino mothers, who elect Philippine
citizenship upon reaching the age of
majority; and
4. Those who are naturalized in accordance
with law. (Art. IV, Constitution):
Constitutional provisions
Save in cases of hereditary succession, no private
lands shall be transferred or conveyed except to
individuals, corporations, ort associations qualified to
acquire or hold lands of the public domain. (Sec. 7,
Art. XII)
Notwithstanding the provisions of Section 7 of this
Article, a natural-born citizen of the Philippines who
has lost his Philippine citizenship may be a transferee
of private lands, subject to limitations provided by law.
(Sec. 8, Ibid)
Area limitations under RA 7042 as amended by
RA 8179
Urban land –5,000 square meters
Rural land –3 hectares.
Page 14 of 62
LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
Under RA 9225 (Citizenship Retention and Reacquisition Act of 2003), a natural-born citizen who
has lost his Philippine citizenship by reason of his
naturalization as a citizen of a foreign country is
deemed to have ―re-acquired Philippine citizenship‖
upon taking his oath of allegiance to the Republic and
―shall enjoy full civil and political rights‖ under existing
laws.
The capacity to own land is determined at the time of
its acquisition and not registration.
Example: Pedro, a Filipino, bought land from Jose
who at the time of the sale had already complied with
the requirements for the registration of the land.
Pedro later became a naturalized Canadian citizen.
Pedro‘s subsequent acquisition of Canadian
citizenship will not impair his right to the land which he
could have validly registered when he was yet a
Filipino citizen. He is also qualified under the terms of
Sec. 8, Art. XII, Constitution. (Republic v. CA and
Lapiña, 235 SCRA 567)
Q: May the RD validly refuse to register a deed of
donation of a residential land executed by a Filipino in
favor of an unregistered organization, the ―Ung Sui Si
Temple,‖ operating through three trustees all of
Chinese nationality?
A: Yes. In view of the absolute terms of Sec. 5, Title
XIII of the 1935 Constitution (now Sec. 8, Art. XII,
1987 Constitution) that, ―save in cases of hereditary
succession, no private agricultural land shall be
transferred except to individuals, corporations or
associations qualified to acquire or hold lands of the
public domain,‖ the Constitution makes no exception
to religious groups. (Register of Deeds v. Ung Sui Si
temple, GR No. L-6776, May 21, 1995)
Q: Can a Filipino vendor recover land sold to an
alien?
A: Yes. When an agreement is not illegal per se but is
merely prohibited and the prohibition is designed for
the protection of the plaintiff, he may recover the land,
the public policy being to preserve and maintain the
land in the hands of Filipino citizens. (Phil. Banking
Corp. v. Lui She, 21 SCRA 52; Borromeo v.
Descallar, 580 SCA 175; United Church v. Sebastian,
159 SCRA 446)
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
Note: In Rellosa v. Gaw Chee Hun, 93 Phil. 827, the
Filipino vendor was in pari delicto with the alien
vendee, hence, recovery was not allowed.
When doctrine of pari delicto does not apply
―The principle underlying pari delicto as known here
and in the United States is not absolute in its
application. It recognizes certain exceptions one of
them being when its enforcement or application runs
counter to an avowed fundamental policy or to public
interest. As stated by us in the Rellosa case, ‗This
doctrine is subject to one important limitation, namely,
whenever public policy is considered advanced by
allowing either party to sue for relief against the
transaction.‘‖(Binayug v. Ugaddan, GR No. 181623,
Dec. 5, 2012)
Other illustrative cases on acquisition by aliens
Where the land was now in the hands of a naturalized
Filipino, there is no more public policy to be served by
allowing recovery. (Barsobia v. Cuenco , 199 Phil.
26),
Where land is sold to a Chinese who later sold it to a
Filipino, the sale can no longer be impugned. (Herrera
v. Guan, 1 SCRA 406).
Q: Chuck, an American, and Cory, a Filipino, acquired
land which was registered in the latter‘s name. Cory
sold the land to Mario without Chuck‘s consent. Valid?
A: Yes. Chuck never acquired any right to the land,
he being an alien. (Cheesman v. IAC, 193 SCRA 93)
―The Court had already denied a claim for
reimbursement of the value of purchased parcels of
Philippine land instituted by a foreigner Helmut Muller,
against his former Filipina spouse, Elena
Buenaventura Muller. It held that Helmut Muller
cannot seek reimbursement on the ground of equity
where it is clear that he willingly and knowingly bought
the property despite the prohibition against foreign
ownership of Philippine land enshrined under Section
7, Article XII of the 1987 Philippine Constitution. x x x
Equity as a rule will follow the law and will not permit
that to be done indirectly which, because of public
policy, cannot be done directly. A contract that
violates the Constitution and the law is null and void,
vests no rights, creates no obligations and produces
Page 15 of 62
LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
no legal effect at all.‖ (Beumer v. Amores, GR No.
195670, Dec. 3, 2012)
Private corporations not qualified
―Private corporations or associations may not hold
(such) alienable lands of the public domain except by
lease, for a period not exceeding 25 years, renewable
for not more than 25 years, and not to exceed 1,000
hectares in area.‖(Sec. 3, Art. XII, Constitution)
Reason: to encourage economic family-sized farms
by transferring ownership of only a limited area of
alienable lands of the public domain to a qualified
individual. Available lands are decreasing due to
increasing population.
Corporation sole
A corporation sole is vested with the right to hold real
estate and personal property. (Roman Catholic
Apostolic v. LRC, 102 Phil. 596)
It is created not only to administer the temporalities of
the church or religious society where the administrator
(bishop or archbishop) belongs but also to hold and
transmit the same to his successor in office.
Upon the death of the administrator, church properties
pass, by operation of law, not to his heirs but to his
successor in office.
In Republic v. Iglesia ni Cristo, 591 SCRA 438, the
Court held that a private corporation may validly file
an application for registration over a parcel of land it
had acquired from a person who had already
complied with the statutory period of possession. The
possession of INC has been established not only from
1952 and 1959 when it purchased the respective
halves of the subject lot, but is also tacked to the
possession of its predecessors-in-interest who had
been in possession thereof before June 12, 1945.
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
An open, continuous, adverse and public possession
of property from time immemorial by a private
individual confers effective title on said possessor,
whereby the land ceases to be public and becomes
private property. (Susi v. Razon, 48 Phil. 424)
In Ayog v.Cusi, 146 SCRA 15, the Court ruled that the
prohibition under Sec. 11, Art. XIV of the 1973
Constitution disqualifying for the first time a private
corporation from purchasing public lands has no
retroactive
application
because
respondent
corporation had already acquired a vested right to the
land at the time the 1973 Constitution took effect, i,e.,
by complying with the construction and cultivation
requirements of the law and paying the full purchase
price of the land such that it now became the
ministerial duty of government to issue the sales
patent to the corporation.
FORM AND CONTENTS OF APPLICATION
The application shall be in writing, signed by the
applicant or his authorized representative, and under
oath. If there is more than one applicant, the
application shall be signed and sworn to by each.
The application shall contain a description of the land,
and state the civil status of the applicant, and the
names of all occupants and adjoining owners, if
known. (Sec. 15, PD No. 1529)
The application shall be filed with the RTC of the
province or city where the land lies, with a copy
furnished the Director of Lands. (Sec. 16, ibid.)
The applicant may file a single application for two or
more parcels of land in the same province
Amendments which consist in a substantial change in
the boundaries or an increase(not decrease) in area
shall be subject to publication and notice as in an
original application. (Sec. 19, ibid.; Benin v. Tuason,
57 SCRA 531)
Vested Right
A vested right is some right or interest in property that
has been fixed and established, and is no longer open
to doubt or controversy. (Lucero v. City of Pasig, 508
SCRA 23; Ayog v. Cusi, 204 Phil. 126)
Land, Titles and Deeds Reviewer
DEALINGS WITH LAND PENDING REGISTRATION
Pending issuance of the decree, the land may be the
subject of dealings (sale, lease, mortgage) in whole or
in part, and the interested party shall submit to the
court for consideration the pertinent documents and
subdivision plan in case only portions of the land are
Page 16 of 62
LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law
affected. The application need not be amended.
(Mendoza v. CA, 84 SCRA 67)
The court shall order the land registered subject to the
conveyance or encumbrance, or order that the decree
be issued to the transferee. (Sec. 22, ibid.)
In case of transfer of a portion of the land, the
corresponding should also be presented. Upon notice,
the court shall:
(a) order the land registered subject to the
conveyance or encumbrance created by the
instrument, or
(b) order that the decree of registration be issued
in the name of the person to whom the property
has been conveyed.
PUBLICATION, MAILING, AND NOTICE
―The Court shall within 5 days from filing of the
application, issue an order setting the date and hour
of the initial hearing which shall not be earlier than 45
days nor later than 90 days from the date of the order.
The public shall be given notice of the initial hearing
of the application for land registration by means of (a)
publication; (2) mailing; and (c) posting.‖(Sec. 23,
PD 529)
Purpose: (a) to confer jurisdiction upon the court, and
(b) to apprise the whole world of the case so that they
may oppose the application, if minded.
―Upon receipt of the order of the court setting the time
for initial hearing, the LRA shall cause a notice of
initial hearing to be published once in the Official
Gazette and once in a newspaper of general
circulation in the Philippines: Provided, however, That
the publication in the Official Gazette shall be
sufficient to confer jurisdiction upon the court. Said
notice shall be addressed to all persons appearing to
have an interest in the land involved including the
adjoining owners so far as known, and ‗to all whom it
may concern.‘‖(Sec. 23, ibid.)
Publication
Constructive seizure of the land is effected through
publication of the notice of initial hearing in the OG
and in a newspaper of general circulation, and also
the posting and mailing thereof to affected parties.
(Sec. 23, PD No. 1529)
Land, Titles and Deeds Reviewer
Professor – 2C (2017-2018)
While the law says that publication in the OG shall be
sufficient to confer jurisdiction upon the court,
publication in a newspaper is still required to accord
with the due process requirement. (Roxas v. Court of
Appeals, 270 SCRA 309)
But lack of personal notice does not vitiate the
proceedings. (Roxas v. Enriquez, 212 SCRA 625)
Role of the Solicitor General
1. The Solicitor General represents the
government in all land registration and
related proceedings.
2. As a rule only court notices and processes
actually served upon the SG is binding on
his office.
3. Deputized officers are under the direction
and control of the SG himself. (NPC v.
NLRC, GR No. 90933, May 29, 1997).
4. The government may appeal an adverse
decision despite not filing any opposition.
(Republic v. CA and Arquillo, 182 SCRA
290)
Procedure where conveyance involves only a
portion of land:
No TCT shall be issued by the RD until a plan of the
land showing the portions into which it has been
subdivided, together with the technical description,
shall have been verified and approved by the LRA or
LMB.
Meanwhile, the deed may only be annotated by the
RD by way of memorandum on the grantor‘s
certificate of title. (Sec. 58 in relation to Sec. 50, PD
No. 1529).
OPPOSITION
Any person claiming an interest or right of dominion
may appear and oppose the application for
registration.
Where no opposition is made, all the allegations in the
application for registration shall be held as confessed,
and the claimant shall be deemed to have forever lost
his right to the land.
But the absence of opposition does not justify the
court into awarding the land to the applicant; he must
still submit well-nigh incontrovertible proof that he is
Page 17 of 62
LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law
entitled to registration. (Director of Lands v. Agustin,
42 Phil. 227)
Order of default
―If no person appears and answers within the time
allowed, the court shall, upon motion of the applicant,
order a default to be recorded and require the
applicant to present evidence. By the description in
the notice ‗To All Whom It May Concern,‘ all the world
are made parties defendant and shall be concluded
by the default order. Where an appearance has been
entered and an answer filed, a default order shall be
entered against persons who did not appear and
answer. (Sec. 26, PD 1529)
―If no person appears and answers within the period
allowed, an order of (general) default shall be entered
and the applicant required to present evidence. When
an appearance has been entered and an answer filed,
an order of (special) default shall be entered against
persons who did not appear and answer.‖(Sec. 26,
PD No. 1529)
Appeal by party in default
A party declared in default may appeal from the
judgment on the ground that the applicant failed to
prove the material allegations in his application for
registration, or that the decision is contrary to law,
even without first filing a motion to set aside the order
of default. (Martinez v. Republic, 506 SCRA 601)
Where the Director of Lands did not oppose the
application and was, by order of the court, declared in
default, the order should not prejudice the
government since the Republic is usually not
estopped by the mistake or error of its officials or
agents. (Republic v. Aquino, 205 Phil. 141)
Motion to dismiss based on res judicata proper in
registration proceedings
Sec. 34, PD 1529, provides that the Rules of Court
shall be applicable to registration and cadastral cases
by analogy or in a suppletory character.
In Valisno v. Plan (143 SCRA 502), the Court,
applying the principle of res judicata, sustained the
applicant‘s motion to dismiss the opposition to his
application for registration it appearing that the land
sought to be registered had been previously litigated
Land, Titles and Deeds Reviewer
Professor – 2C (2017-2018)
between the applicant and the oppositor in a civil case
for recovery of possession, resulting in a favorable
judgment to the applicant.
Applicability of res judicata
Under the rule of res judicata, a final judgment or
decree on the merits by a court of competent
jurisdiction is conclusive of the rights of the parties or
their privies, in all later suits and on all points and
matters determined in the previous suit.
The principle bars a subsequent suit involving the
same parties, subject matter, and cause of action.
The rationale for the rule is that "public policy requires
that controversies must be settled with finality at a
given point in time.―(Topacio v. Banco Filipino, GR
No. 157644, Nov. 17, 2010)
Elements of res judicata:
(a) Former judgment must be final;
(b) The court which rendered it had jurisdiction over
the subject matter;
(c) The judgment must be on the merits;
(d) There must be between the first and the second
actions, identity of parties, subject matter and cause
of action.
The doctrine does not require absolute but merely
substantial identity of the parties.
The defense of res judicata may be waived if not set
up in a motion to dismiss.
HEARING
The court shall decide the case within 90 days from
its submission.
The court may refer the case or part thereof to a
referee who shall submit his report to the court within
15 days after its termination.
Applications for registration shall be heard by the
regional trial court or, in proper cases, by the first
level court, in the province or city where the land is
situated. (Sec. 27, PD 1529)
The burden is on the applicant to prove his positive
averments and not for the government or the private
oppositors to establish a negative proposition.
Page 18 of 62
LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law
The applicant must submit convincing proof of his and
his predecessor-in-interest‘s actual, peaceful and
adverse possession and occupation in the concept of
owner for the length of time and in the manner
prescribed by law.
He must show, by ―well-nigh incontro-vertible
proof,‖and even in the absence of opposition, that he
is the absolute owner of the land.
Professor – 2C (2017-2018)
DENR level of authority on land classification
Secretary: Land classification and release of lands of
the public domain as alienable and disposable (A and
D)
Secretary: Sub-classification of forest lands
according to use
PENRO: Issuance of certificate whether timber land
or A and D –above 50.0 has.
CENRO: Issuance of certificate whether timber land
or A and D –below 50.0 has. (See also: Republic v.
Jaralve, GR No. 175177, Oct. 24, 2012)
EVIDENCE OF OWNERSHIP
Identity of the land
Proof that land is A and D
1. Certification of the BFD that land has been
released as A and D
2. LC Map showing that the land is within the A
and D portion of the public domain
3. Executive proclamation withdrawing a
specific portion from a reservation and
declaring same open for disposition.
4. Legislative or executive proclamation
reserving a portion of the public domain for
public or quasi-public use.
The application for original registration must be
accompanied by:
(1) CENRO or PENRO Certification that land is A and
D; and
(2) Copy of the original classification approved by the
DENR Secretary and certified as a true copy by the
legal custodian thereof. (Republic v. Bantigue, GR
No. 162322, March 14, 2012; Mercado v. Valley
Mountain Mines, GR No. 141019, Nov. 23, 2011;
Republic v. Dela Paz, GR No. 171631, Nov. 5, 2010;
Republic v. T.A.N, 555 SCRA 477)
Policy clarification by DENR Memorandum No. 564,
dated Nov. 15, 2012
 The issuance of the certification and the certified
copy of the approved LC Map to prove that the
area applied for is indeed classified as A and D is
―within the competence and jurisdiction of the
CENRO.‖
 A separate administrative order has been issued
―delegating to the CENRO the authority to issue
the certification and the certified true copy of the
approved land classification map and the
particular issuance or order which was used as
basis for such classification.‖
Land, Titles and Deeds Reviewer
1. Land must be surveyed to establish its
identity, location and area.
2. Only the LMB Director may approve survey
plans for original registration purposes. (PD
239, July 9, 1973)
3. There is now no need to present the tracing
cloth plan of the land. A certified blue print or
white print copy of the plan suffices for
registration purposes. (Director of Lands v.
CA and Iglesia ni Cristo, 158 SCRA 586)
What defines a piece of titled property is not the
numerical data indicated as the area of the land, but
the boundaries or "metes and bounds" of the property
specified in its technical description as enclosing it
and showing its limits. (Rep. v. CA and Santos, GR
No. 116111, Jan. 21, 1969, 301 SCRA 366).
What defines a piece of land is not the area,
calculated with more or less certainty mentioned in
the description, but the boundaries therein laid down,
as enclosing the land and indicating its limits.
(Balantakbo v. CA, GR No. 108515, Oct. 16, 1995)
In overlapping of titles disputes, it has always been
the practice for the court to appoint a surveyor from
the government land agencies —the LRA or the
DENR —to act as commissioner.
Survey is the process by which a parcel of land is
measured and its boundaries and contents
ascertained; also a map, plat or statement of the
result of such survey, with the courses and distances
and the quantity of the land.
A case of overlapping of boundaries or encroachment
depends on a reliable, if not accurate, verification
Page 19 of 62
LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law
survey. (Pabaus v. Yutiamco, GR No. 164356, July
27, 2011)
Possession and occupation
1. Possession must be under a claim of
ownership.
2. Acts of a possessory character by one who
holds the property by mere tolerance of the
owner is not in the concept of owner, and do
not start the period of prescription.
3. Actual possession consists of acts of
dominion of such a nature as a party would
naturally exercise over his own property
4. Occupation delimits the all-encompassing
effect of constructive possession.
Rule of preference in case of conflict of
possession
 The present possessor shall be preferred;
 If there two possessors, the one longer in
possession;
 If the dates of the possession are the same,
the one who presents a title; and
 If both possessors have titles, the court shall
determine the rightful possessor and owner
of the land. (Art. 538, CC)
Mere possession will not defeat the title of a holder of
registered land. (Eduarte v. CA, 253 SCRA 391)
Overt acts of possession may consist in:
 Introducing valuable improvements on the
land like fruit-bearing trees;
 Fencing the area
 Constructing a residential house thereon;
and
 Declaring the land for taxation purposes.
In a practical and scientific way of planting, a onehectare land can be planted to 144 coconut trees.
It takes only 10 years for mango trees , and 5 years
for coconuts trees, to begin bearing fruit. (Republic v.
CA and Chavez, 167 SCRA 150)
GR: Supreme Court is not a trier of facts
XPN:
Land, Titles and Deeds Reviewer
Professor – 2C (2017-2018)
(1) When the findings are grounded entirely on
speculation, surmises or conjectures;
(2) When the inference made is manifestly mistaken,
absurd or impossible;
(3) When there is grave abuse of discretion;
(4) When the judgment is based on a
misapprehension of facts;
(5) When the findings of facts are conflicting;
(6) When in making its findings the CA went beyond
the issues of the case, or its findings are contrary to
the admissions of both the appellant and the appellee;
(7) When the findings are contrary to the trial court;
(8) When the findings are conclusions without citation
of specific evidence on which they are based;
(9) When the facts set forth in the petition as well as
in the petitioner‘s main and reply briefs are not
disputed by the respondent;
(10) When the findings of fact are premised on the
supposed absence of evidence and contradicted by
the evidence on record; and
(11) When the CA manifestly overlooked certain
relevant facts not disputed by the parties, which if
properly considered, would justify a different
conclusion. (Tyson’s Super Concrete v. CA, 461
SCRA 69)
Tax declarations and tax receipts
Tax declarations and tax receipts are not conclusive
evidence of ownership but they are good indicia of
possession in the concept of owner. (Llanes v.
Republic, 572 SCA 258) A tax declaration merely
proves payment of taxes.
When coupled with actual possession, payment of
taxes is evidence of great weight and can be the
basis of a claim of ownership through prescription.
(Republic v. Alconaba, 427 SCRA 611)
Taxes must be paid annually.
Spanish titles no longer efficacious as proof of
ownership
Pursuant to PD No. 892, dated Feb. 16, 1976,
Spanish titles may no longer be used as evidence of
land ownership.
The proliferation of dubious Spanish titles have raised
conflicting claims of ownership and tended to
destabilize the Torrens system of registration.
Page 20 of 62
LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law
JUDGMENT
1. The court shall render judgment within ninety
(90) days from the date the case is submitted for
decision.
2. The court may refer the case to a referee,
usually the clerk of court, as hearing officer to
receive evidence, to enable the judge to devote
his time to other important businesses.
3. The hearing officer shall submit his report within
15 days after the termination of the hearing.
4. The court may render judgment on the basis of
said report or, if necessary, it may reccommit
the case to the hearing officer for the reception
of additional evidence. (Sec. 27. PD 1529)
The judgment confirms the title of the applicant or the
oppositor. Partial judgment is proper where a
subdivision plan is submitted. (Sec. 28)
Judgment becomes final after 15 days from receipt of
notice of the judgment.
Court retains jurisdiction until after the entry of the
final decree of registration. (Gomez v CA, 168 SCRA
503)
Principle of res judicata is applicable to registration
proceedings. (Aring v. Original, a6 SCRA 1021)
Kinds of judgment
1. A judgment in rem is binding upon the
whole world, such as a judgment in a land
registration case or probate of a will.
2. A judgment in personam is binding upon
the parties and their successors-in-interest
but not upon strangers.
3. A judgment directing a party to deliver
possession of a property to another is in
personam; it is binding only against the
parties and their successors-in-interest by
title subsequent to the commencement of the
action.
4. An action for declaration of nullity of title and
recovery of ownership of real property, or
reconveyance, is a real action but it is an
action in personam, for it binds a particular
individual only although it concerns the right
to a tangible thing. (Muñoz v. Yabut, GR No.
142676, June 6, 2011)
Land, Titles and Deeds Reviewer
Professor – 2C (2017-2018)
Motion for execution of judgment not required
The judgment does not have to be executed by
motion or enforced by action within the purview of
Rule 39 of the 1997 Rules of Civil Procedure.
(Republic v. Nillas, GR No. 159595, Jan. 23, 2007)
The winning party needs only to file a petition with the
court for the issuance of an order directing the LRA to
issue a decree of registration, a copy of which is then
sent to the Register of Deeds for inscription in the
registration book, and issuance of the original
certificate of title. (Top Management Programs Corp.
v. Fajardo, GR No.150462, June 15, 2011)
Execution pending appeal not proper
A Torrens title issued on the basis of a judgment that
is not final is a nullity.
The law requires that a decree shall be issued only
upon the finality of the decision of the court, and it is
on the basis of said decree that the RD issues the
corresponding certificate of title. (Top Management v.
Fajardo, supra)
No period within which decree may be issued
The fact that no decree has as yet been issued
cannot divest the applicant of his title to and
ownership of the land in question. There is nothing in
the law that limits the period within which the court
may issue a decree. The reason is that the judgment
is merely declaratory in character and does not need
to be enforced against the adverse party. (Del
Rosario v. Limcaoco, GR No. 177392, Nov. 26, 2012)
Notice to the Solicitor General
Only notices of court orders or processes served on
the Solicitor General bind the government.
Period of appeal shall be counted from date of receipt
of the judgment by the SG and not by the prosecutor.
Belated filing of appeal by the State, or even its failure
to file an opposition, because of the mistake or error
of its officials or agents, does not deprive it of its right
to appeal from the adverse judgment of the
Page 21 of 62
LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
registration court. (Republic v. Tiotioen, 568 SCRA
152)
WRIT OF POSSESSION
A writ of possession may be issued in:
(a) Land registration proceeding which is in rem;
(b) Extrajudicial foreclosure of realty;
(c) Judicial foreclosure of mortgage which is a quasi
in rem; and
(d) Execution sales.
A writ of possession may be issued not only against
the person defeated in the land registration case but
also against anyone unlawfully occupying the land
during the pendency of the proceedings up to the
issuance of the final decree. (Vencilao v. Vano, 182
SCRA 491)
After the registration of the land is decreed, the
winning party has the right to a title and possession of
the land which is an inherent element of ownership.
A writ of possession may be issued not only against
the person or persons defeated but also against
anyone unlawfully occupying the land during the
registration proceedings and up to the issuance of the
final decree. (Vencilao v. Vaño, GR No. L-25660,
1990)
The fact that there is pending action attacking the
validity of the decree is not a bar to the issuance of
the writ of possession in favor of the registered
owners. (Id., citing Sorongon v. Makalintal, GR No. L1692, Feb. 24, 1948)
In the implementation of the writ, the sheriff cannot
remove or demolish the improvements except upon
special order of the court. (Tumibay v. Soro, GR
152016, April 12, 2010)
The writ will not issue against persons taking
possession after issuance of the final decree.
The remedy is to file a separate action for forcible
entry or detainer, or a reivindicatory action. (Bernas v.
Nueva,127 SCA 399)
―A judgment for the delivery or restitution of property
is essentially an order to place the prevailing party in
possession of the property. If the defendant refuses to
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
surrender possession to the prevailing party, the
sheriff should oust him. No express order to this effect
needs to be stated in the decision; nor is a categorical
statement needed in the decision that in such event
the sheriff or other proper officer shall have the
authority to remove the improvements on the
property. The removal of the improvements is
deemed read into the decision, subject only to the
issuance of a special order by the court for the
removal of the improvements.‖ (Tumibay v. Soro, GR
152016, April 12, 2010)
―There are ample justifications for the grant by the
RTC of a writ that places the subject property in the
possession of the spouses Valdez and spouses
Malvar for the duration of the trial of Civil Case No.
00-6015. Sales Patent No. 38713, covering the
subject property, had already been issued to Juan
Valdez which makes him, at the very least, the
equitable owner of the said property. There is already
a request for the registration of Sales Patent No.
38713 pending before the Registry of Deeds of
Marikina City..
The spouses Valdez acknowledge the transfer of the
subject property to the spouses Malvar. The spouses
Dela Rosa's title is based on TCT No. 451423-A in
Cristeta dela Rosa's name, which is not registered
with the Registry of Deeds of Marikina City or Antipolo
City. TCT No. 451423-A is also traced back to Titulo
de Propriedad No. 4136, which, in the Intestate Estate
of the late Don Mariano San Pedro y Esteban v. Court
of Appeals, GR No. 103727, Dec. 1, 1996, was
already declared null and void, and from which no
rights could be derived.‖ (De la Rosa v. Valdez, GR
No. 159101, July 27, 2011)
When separate action is necessary
When parties against whom a writ of possession is
sought entered into possession apparently after the
issuance of the final decree, and none of them had
been a party in the registration proceedings, the writ
of possession will not issue.
A person who took possession of the land after final
judgment in registration proceedings cannot be
summarily ousted through a writ of possession
secured by a mere motion and that regardless of any
title or lack of title of persons to hold possession of
the land in question, they cannot be ousted without
Page 22 of 62
LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law
Professor – 2C (2017-2018)
giving them their day in court in proper independent
proceedings. (Bernas v. Nuevo, 127 SCRA 399)
CERTIFICATE OF TITLE
Failure to vacate; contempt
Issuance of decree and certificate of title
Under Section 3 (d), Rule 19, Rules of Court, the writ
of execution must require the sheriff or other officer to
whom it must be directed to deliver the possession of
the property, describing it, to the party entitled thereto.
The sheriff must dispossess or eject the losing party
from the premises and deliver the possession thereof
to the winning party.
Within 15 days from entry of the judgment, the court
shall direct the LRA Administrator to issue the decree
of registration and prepare the original and duplicate
certificate of title based thereon. The original
certificate of title, signed by him, shall be a true copy
of the decree, and shall be sent, together with the
owner‘s duplicate, to the Register of Deeds of the city
or province where the land lies. (Sec. 39, PD 1529)
If subsequent to such dispossession or ejectment the
losing party enters or attempts to enter into or upon
the real property, for the purpose of exercising acts of
ownership or possession, or in any manner disturbs
the possession of the person adjudged to be entitled
thereto, only then may the loser be charged with and
punished for contempt . (Vencilao v. Vano, 182 SCRA
491).
DECREE OF REGISTRATION
A decree of registration is an order issued under the
signature of the LRA Administrator stating that the
land is registered in the name of the applicant (or
oppositor or claimant, as the case may be). It shall
bear the date, hour and minute of its entry. A certified
copy of the decree is sent to the RD for transcription
in the ―Registration Book.‖
The certificate of title shall take effect upon the date of
the entry of the decree. (Manotok Realty, Inc. v. CLT
Realty Development Corporation, GR No. 123346,
Dec. 14, 2007)
The decree of registration shall bind the land and
quiet title thereto. It shall be conclusive against all
persons, including the government and its branches.
(Sec. 31, PD 1529)
Land becomes registered land only upon the
transcription of the decree in the book of the Register
of Deeds, and not on the date of the issuance of the
decree. (Manotok v. CLT Realty, supra)
A court has no jurisdiction to decree again land
already decreed in a prior case. (Laburada v. LRA,
287 SCRA 333), otherwise that constitutes a collateral
attack on the existing title. (SM Prime Holdings v.
Madayag, 578 SCRA 552)
Land, Titles and Deeds Reviewer
The certificate is an indefeasible evidence of
ownership of the person whose name appears
therein. (Panganiban v. Dayrit, 464 SCRA 370).
Contents of a certificate of title
Every certificate of title shall set forth the full names of
the registered owners and their status. If the property
belongs to the conjugal partnership, it shall be issued
in the names of both spouses.
All property of the marriage is presumed to belong to
the conjugal partnership, unless it be proved that it
pertains exclusively to the husband or to the wife.
(Art. 160, CC)
When the property is registered in the name of a
spouse only and there is no showing as to when the
property was acquired, this indicates that the property
belongs exclusively to said spouse. The presumption
in Art. 160 does not apply in that case especially
where the rights of innocent third parties are involved.
(PNB v, Vitug, 153 SCRA 435)
Entry of original certificate of title
Upon receipt by the RD of the original and duplicate
copies of the title, the same shall be entered in the
day book and shall be numbered, dated, signed and
sealed. Said certificate of title shall take effect upon
the entry thereof. The RD shall then send notice by
mail to the registered owner that his owner‘s copy is
ready for delivery to him upon payment of legal fees.
The original certificate of title shall be a true copy of
the decree of registration. It shall state the names of
the registered owners and their status. If the property
Page 23 of 62
LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
is conjugal the title shall be issued in the names of
both spouses. (Sec. 40, PD 1529)
A certificate of title may be an original certificate of
title, which constitutes a true copy of the decree of
registration, or a transfer certificate of title, issued
subsequent to original registration.
The title serves as evidence of an indefeasible and
incontrovertible title one year after the issuance of the
decree of registration by the LRA. (Del Prado v.
Caballero, GR No. 148225, March 3, 2010)
A person dealing with registered land need not go
beyond, but only has to rely on, the title of his
predecessor. (Guaranteed Homes v. Valdez, 577
SCRA 441)
A certificate of title issued pursuant to administrative
proceedings is as indefeasible as any title issued
through judicial proceedings provided the land is a
disposable public land, and becomes incontrovertible
one year after the issuance of the patent. (Republic v.
Carle, 105 Phil. 1227)
A certificate of title based on an emancipation patent
under PD No. 27 also enjoys the same protection as a
certificate issued judicially or administratively. (Lonoy
v. Sec. of Agrarian Reform, R No. 175049, Nov. 27,
2008)
Title earlier in date prevails
On the assumption that there was regularity in the
registration leading to the eventual issuance of
subject transfer certificates of title, the better
approach is to trace the original certificates from
which the certificates of title in dispute were derived.
Should there be only one common original certificate
of title, . .
., the transfer certificate issued on an earlier date
along the line must prevail, absent any anomaly or
irregularity tainting the process of registration. (Top
Management Programs Corp. v. Fajardo, GR
No.150462, June 15, 2011)
STATUTORY LIENS AFFECTING REGISTERED
LAND
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
Every registered owner holds title free from
encumbrances except:
(a) Liens or rights not required by law to be registered
(b) Unpaid real estate taxes
(c) Public highway
(d) Limitation on the use of property under agrarian
reform and public land laws
(e) Liability to attachment or levy on execution
(f) Taking under eminent domain proceedings. (Sec.
44, PD No. 1529)
Purpose: to give the registered owner an absolutely
clean title, not subject to hidden defects or inchoate
claims, as well as restrictions except those appearing
in the certificate or imposed by the law.
The decree does not relieve the land or the
registered owner from any rights incident to:
1. The relation of husband and wife, landlord
and tenant;
2. From liability to attachment or levy on
execution;
3. From liability to any lien of any description
established by law on the land and buildings
thereon; or
4. Change the laws of descent, rights of
partition, or right to take the same by
eminent domain; or
5. Relieve such land from liability to any
assignee in insolvency or bankruptcy; or
6. Change or affect other rights or liabilities
created by law (Sec. 46, PD 1529)
VOLUNTARY DEALINGS WITH REGISTERED
LAND
Any registered owner may convey, mortgage, lease or
otherwise deal with the land. (Sec. 51. PD No. 1529).
Every conveyance or disposition of registered land, if
registered, is constructive notice to all persons from
the time of registration. (Sec. 52, PD 1529;
Guaranteed Homes v. Valdez, 577 SCA 441)
But knowledge of an unregistered sale is equivalent to
registration. (Fernandez v. CA, 189 SCRA 780)
Contracts are obligatory in whatever form provided
the essential requisites of consent, object and cause
of the obligation is established.
Page 24 of 62
LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law



Donation of real property must be in a public
instrument to be valid. For a mortgage to be
validly constituted, the document must be
recorded.
Agreements mentioned in the Statute of
Frauds, to be enforceable, must be in writing
and subscribed by the party charged.
Sale of real estate is valid regardless of form
but is effective against third persons only
from date of registration.
Between two transactions concerning the same land,
the registered transaction prevails over the earlier
unregistered right.
Thus, where a purchaser files an adverse claim to
registered land only after the same was already
mortgaged to the bank, upon the claim that he bought
the land ―long before‖ the mortgage, the right of the
bank to the property is superior to that of the
purchaser. (Unchuan v. CA, 161 SCA 710)
If two certificates of title purport to include the same
land, the better approach is to trace the original
certificates from which the certificates of titles were
derived. (Bangis v. Adolfo, GR No. 190875, June 13,
2012)
Rule in case of sale of conjugal property
Under Article 124 of the Family Code, the sale of
conjugal property requires the consent of both
husband and wife.
The absence of consent of one renders the sale null
and void, including the portion pertaining to the
spouse who contracted the sale. (Guiang v. Court of
Appeals, 353 Phil. 578)
Under Article 173 of the Civil Code, the disposition of
conjugal property without the wife‘s consent is not
void but merely voidable, and the wife may within 10
years ask the court for the annulment of the contract.
Art. 161 of the Civil Code provides that the conjugal
partnership shall be liable for debts and obligations
contracted by the wife for the benefit of the conjugal
partnership. (Alfredo v. Borras, 404 SCRA 145)
 In a contract of sale, title to the property
passes to the vendee upon delivery of the
Land, Titles and Deeds Reviewer
Professor – 2C (2017-2018)

thing sold; in a contract to sell, ownership is,
by agreement, reserved in the vendor and is
not to pass to the vendee until full payment
of the purchase price.
Sale of real property in a public instrument is
equivalent to the delivery thereof if the
contrary does not appear.
Dacion en pago is the delivery and transmission of
ownership of a thing by the debtor to the creditor as
an accepted equivalent of the performance of the
obligation.
Registration in the public registry is notice to the
whole world.
Knowledge of an unregistered sale is equivalent to
registration. (Fernandez v. CA, 189 SCRA 780)
Between two transactions concerning the same land,
the registered transaction prevails over the earlier
unregistered right. (Fudot v. Cattleya, 533 SCRA 350)
VOLUNTARY
REGISTRATION
AND
INVOLUNTARY
Voluntary registration –the purchaser becomes the
registered owner upon the filing and entry of the deed
sale in the day book, and the surrender of the owner‘s
duplicate certificate of title to the RD.
Involuntary registration –registration is complete
upon filing and entry of the order (e.g., of attachment,
levy upon execution, notice or lis pendens, etc.)in the
day book of the RD, without need of presenting the
owner‘s duplicate.
In voluntary registration, such as a sale, mortgage,
lease and the like,
 if the owner's duplicate certificate be not
surrendered and presented, or
 if no payment of registration fees be made
within fifteen (15) days,
entry in the day book of the deed of sale does not
operate to convey and affect the land sold.
In involuntary registration, such as an attachment,
levy upon execution, lis pendens and the like, entry
thereof in the day book is a sufficient notice to all
persons of such adverse claim. (Bulaong v. Gonzales,
GR No. 156318, Sept. 5, 2011)
Page 25 of 62
LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
REMEDIES
REVIEW OF DECREE
In Eland Philippines v. Garcia, GR No. 173289, Feb.
17, 2010, the Court, citing Agcaoili, ―Property
Registration Decree and Related Laws‖, held:
Courts may reopen the proceedings where a petition
for review is filed within one year from the issuance of
the decree of registration, based on actual or extrinsic
fraud, and the property has not yet passed to an
innocent purchaser for value.
Requisites:
(a) Petitioner must have an interest in land;
(b) Petition is based on actual or extrinsic fraud;
(c) Petition is filed within one year from the issuance
of the decree of registration; and
(d) Property has not yet passed to innocent purchaser
for value. (Walstrom v. Mapa, 314 Phil. 527)
Sec. 32, PD No. 1529: Review of Decree
―The decree of registration shall not be reopened or
revised by reason of absence, minority, or other
disability of any person adversely affected thereby,
nor by any proceeding in any court for reversing
judgments, subject, however, to the right of zany
person, including the government and the branches
thereof, deprived of land or of any estate or interest
therein by such adjudication of confirmation of title
obtained by actual fraud, to file in the proper Regional
Trial Court a petition for reopening and review of the
decree of registration not later than one year from and
after the date of the entry of such decree of
registration, but in no case shall such petition be
entertained by the court where an innocent purchaser
for value has acquired the land or an interest therein,
whose rights may be prejudiced. Whenever the
phrase ‗innocent purchaser for value‘ or an equivalent
phrase occurs in this Decree, it shall be deemed to
include an innocent lessee, mortgagee, or other
encumbrancer for value. Upon the expiration of said
period of one year, the decree of registration and the
certificate of title shall become incontrovertible. Any
person aggrieved by such decree of registration in
any case may pursue his remedy by action for
damages against the applicant or any other persons
responsible for the fraud.‖
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
Extrinsic fraud is the fraudulent act of the successful
party committed outsidethe trial of a case against the
defeated party which prevented the latter from fairly
presenting his case.
Intrinsic fraud refers to acts of a party in a litigation
during the trial, such as the use of forged instruments
or perjured testimony, which did not affect the
presentation of the case, but did prevent a fair and
just determination of the case. (Palanca v. American
Food Manufacturing, 24 SCRA 819)
Examples of extrinsic fraud
 Deliberate misrepresentation that the lot is
not contested when in fact it is;
 Applying for land which the applicant knows
had not been allotted to him in the partition;
 Willfully misrepresenting that there are no
other claims to the land;
 Inducing a claimant not to oppose the
application.
The overriding consideration is that the fraudulent
scheme prevented a party from having his day in
court. The fraud is one that affects and goes into the
jurisdiction of the court.
―Where the unsuccessful party had been prevented
from exhibiting fully his case, by fraud or deception
practiced on him by his opponent, as by keeping him
away from court, a false promise of a compromise; or
where the defendant never had knowledge of the suit,
being kept in ignorance by the acts of the plaintiff; or
where an attorney fraudulently or without authority
assumes to represent a party and connives at his
defeat; or where the attorney regularly employed
corruptly sells out his client's interest to the other side
-these, and similar cases, x x x are reasons for which
a new suit may be sustained to set aside and annul
the former judgment or decree, and open the case for
a new and fair hearing.‖ . (Palanca v. American Food
Manufacturing, 24 SCRA 819)
ACTION FOR RECONVEYANCE
An action for reconveyance is a legal and equitable
remedy granted to the rightful landowner, whose land
was wrongfully or erroneously registered in the name
of another, to compel the registered owner to transfer
or reconvey the land to him.
Page 26 of 62
LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law
The action respects the decree of registration as
incontrovertible but seeks the transfer of property,
wrongfully or erroneously registered in another
person‘s name, to its rightful owner or a person who
has a better right. (Alde v. Bernal, GR No. 169336,
March 18, 2010; Ybañez v. IAC, 194 SCRA 793;
Gonzales v. IAC, 157SCRA 587)
An action for reconveyance is an action in personam
and is filed as an ordinary action in the ordinary courts
of justice and not with the land registration court. A
notice of lis pendens may be annotated on the
certificate of title immediately upon the institution of
the action in court. (Muñoz v. Yabut, GR No. 142676,
June 6, 2011).
Article 434 of the Civil Code provides that to
successfully maintain an action to recover the
ownership of a real property, the person who claims a
better right to it must prove two (2) things: first, the
identity of the land claimed; and second, his title
thereto.
Requisites:
1. The action is brought by the party in interest
after one year from issuance of decree;
2. registration was procured through actual
fraud;
3. the property has not yet passed to innocent
purchaser for value.
A party may file an action for reconveyance of the
property of which he has been illegally deprived even
before the issuance of the decree. (Mun. of Hagonoy
v. Secretary, 73 SCRA 507)
If property is acquired through mistake or fraud, the
person obtaining it is, by force of law, considered a
trustee of an implied trust for the benefit of the person
from whom the property comes.
Professor – 2C (2017-2018)
An action for reconveyance under a constructive
implied trust in accordance with Article 1456 does not
prescribe unless and until the land is registered or the
instrument affecting the same is inscribed in
accordance with law, inasmuch as it is what binds the
land and operates constructive notice to the world.
Thus, where the land is unregistered, it is from the
date of actual notice of the fraudulent sale that
prescription began to toll. (Cabacungan v. Laigo, GR
No. 175073, Aug. 15, 2011)
Facts: When Pacete procured OCT No. V-16654 in
1961, the disputed lot was already in possession of
Asotigue, whose predecessor-in-interest, Sumagad,
had been occupying it since 1958. Is reconveyance
proper?
Held: Yes. The registration of Asotigue's lot in favor
of Pacete, who neither possessed nor occupied the
lot, is wrongful. Inasmuch as Pacete had not yet
transferred the lot to an innocent purchaser for value,
an action for reconveyance is proper. Reconveyance
is available not only to the legal owner of a property
but also to the person with a better right than the
person under whose name said property was
erroneously registered. (Pacete v. Asotigue, GR No.
188575, Dec. 10, 2012)
In civil actions involving title to or interest in property,
jurisdiction rests with the RTC where the assessed
value of the property exceeds P20,000 (or, P50,000 in
Metro Manila).
An action for reconveyance is an ordinary action
involving ―title‖ to land, and should be filed in the
ordinary courts where the land or portion thereof is
situated. (Sec. 1, Rule 4; Latorre v. Latorre, GR No.
183026, March 20, 2010; Republic v. Mangatora, GR
No. 170375, July 7, 2010)
An action for reconveyance based on implied trust
prescribes in 10 years as it is an obligation created by
law, to be counted from the date of issuance of the
Torrens title over the property.
The action is in personam and is binding only on
persons impleaded. (Ching v. CA, 181 SCRA 9)
This rule, however, applies only when the plaintiff or
the person enforcing the trust is not in possession of
the property. (PNB v. Jumanoy, GR No. 169901, Aug.
3, 2011)
An action for reconveyance has sometimes been
treated as an action to quiet title.
Land, Titles and Deeds Reviewer
Quieting of title
Requisites:
Page 27 of 62
LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law
1. Plaintiff has a legal or equitable title or
interest in the property
2. The deed, claim, encumbrance or
proceeding claimed to be casting a cloud on
his title must be shown to be invalid or
inoperative despite its prima facie
appearance
of
validity.
(Philville
Development and Housing Corporation v.
Bonifacio, GR No. 167391, June 8, 2011)
Illustration: Jose who is an agent, in representation
of Pedro, sells the latter‘s house to Mario. The deed
of sale is executed in a public instrument and there is
no indication that the authority of the agent is not in
writing. The deed of sale appears to be valid and
effective on its face.
As the authority of Jose to sell is not in writing, the
sale is void (Art. 1874, CC). Pedro can file a suit
against the buyer Mario to quiet his title. (Pineda,
Property)
Prescription of action for reconveyance
1. Action based on fraud –4 years
2. Action based on implied trust –10 years
3. Action based on void contract –
imprescriptible
4. Action to quiet title where plaintiff is in
possession –imprescriptible (See: Yared v.
Tiongco, GR No. 161360, Oct. 19, 2011;
Cabacungan v. Laigo, GR No. 175073, Aug.
15, 2011)
But laches may bar recovery. (Fernando v. Acuna,
GR No. 161030, Sept. 14, 2011; Lucas v. Gamponia,
100 Phil. 277)
Elements of laches:
1. Conduct of defendant giving rise to a
situation of which complaint is made and for
which the complainant seeks a remedy;
2. Delay in asserting complainant‘s rights
despite opportunity to do so;
3. Lack of knowledge or notice on the part of
defendant that complainant would assert his
right; and
4. Injury or prejudice to defendant if relief is
accorded complainant, or the suit is not held
to be barred.
Petitioner‘s action to recover title and possession of
the disputed lot was made only after 12 years from
Land, Titles and Deeds Reviewer
Professor – 2C (2017-2018)
the registration of the sale to defendant. (De la
Calzada-Cierras v. CA, 212 SCRA 390)
The claimed owner of a lot failed to appear during the
cadastral proceedings, and brought action to question
the judgment only 10 years later. (Gonzales v.
Director of Lands, 52 Phil. 895)
Plaintiff did not present his claim against the estate of
the deceased wife but did so only four years later
against the widower. (Yaptico v. Yulo, 57 Phil. 818)
ACTION FOR DAMAGES
After one year from the issuance of the decree, the
sole remedy of the aggrieved party is not to set aside
the decree but, respecting it as incontrovertible and
no longer open to review, to bring an ordinary action
in the ordinary court for reconveyance. But if the
property has passed into the hands of an innocent
purchaser for value, the remedy is an action for
damages.(Gonzales v. IAC, 157 SCRA 587)
Action for damages must be brought within ten (10
years) from issuance of the questioned certificate of
title. (Art.1144, CC)
ACTION FOR REVERSION
Reversion is an action filed by the government,
through the Office of the Solicitor General, to restore
public land fraudulently awarded and disposed of to
private individuals or corporations to the mass of the
public domain. (Yujuico v. Republic, GR No. 168661,
Oct. 26, 2007, citing Agcaoili, “Property Registration
Decree”)
Grounds: all cases where lands of the public domain
are held in violation of the Constitution.
The RTC may properly take cognizance of reversion
suits which do not call for an annulment of judgment
of the RTC acting as a land registration court.
Actions for cancellation of title and reversion belong to
the class of cases that "involve the title to, or
possession of, real property, or any interest therein"
and where the assessed value of the property
exceeds P20,000.00 Batas Pambansa Blg. 129, Sec.
19 (2), fall under the jurisdiction of the RTC. (Republic
Page 28 of 62
LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law
v. Roman Catholic Archbishop, GR No. 192975, Nov.
12, 2012; Santos v. CA, 214 SCRA 162)
All actions for the reversion to the Government of
lands of the public domain or improvements thereon
shall be instituted by the Solicitor General or the
officer acting in his stead, in the proper courts, in the
name of the Republic of the Philippines. (Sec. 101,
PLA)
Unless and until the land is reverted to the State by
virtue of a judgment of a court of law in a direct
proceeding for reversion, the Torrens certificate of title
thereto remains valid and binding against the whole
world. (Tolentino v. Laurel, GR No. 181368, Feb.22,
2012)
State not bound by prescription
Under Sec. 91 of the Public Land Act (CA No. 141),
the LMB Director has continuing authority to conduct
investigation to determine whether or not public land
has been fraudulently awarded or titled to the end that
the corresponding certificate of title be cancelled and
the land reverted to the mass public domain. (Piñero
v. Director of Lands, 57 SCRA 386)
The indefeasibility of a title is not a bar to an
investigation by the State as to how such title has
been acquired. (Cavile v. Litania-Hong, 581 SCRA
408)
But where the title of an innocent purchaser for value
was sought to be cancelled, it was held that ―it is only
fair and reasonable to apply the equitable principle of
estoppel by laches against the government,‖ and also
the principle of res judicata.(Yujuico v. Republic, GR
No. 168661, Oct. 26, 2007)
Neither may the titleholder be made to bear the
unfavorable effect of the mistake or negligence of the
State‘s agents (in approving the subdivision plan) in
the absence of proof of complicity in a fraud or of
manifest damage to third persons. (Republic v. CA
and Santos, 301 SCRA 366)
ACTION FOR CANCELLATION OF TITLE
It is an action initiated by a private party usually in a
case where two titles are issued for the same lot.
Land, Titles and Deeds Reviewer
Professor – 2C (2017-2018)
Where two titles are issued for the same lot, the
earlier in date prevails. (Pajomayo v. Manipon, 39
SCRA 676)
Land does not revert to the State but is declared as
lawfully belonging to the party whose title is superior
over the other.
But the State is vested with personality to file this
action to protect public interest and safeguard the
Assurance Fund
If land covered by free patent was a private land, the
Director of Lands has no jurisdiction over it. Such free
patent and the certificate of title issued pursuant
thereto are a nullity. The aggrieved party may initiate
an action for cancellation of such title.
The Director of Lands has no authority to grant free
patent to lands that have ceased to be public in
character and have passed to private ownership.
Consequently, a certificate of title issued pursuant to
a free or homestead patent partakes of the nature of a
certificate issued in a judicial proceeding only if the
land covered by it is really a part of the disposable
land of the public domain. (Pabaus v. Yutiamco, GR
No. 164356, July 27, 2011, citing De Guzman v.
Agbagala, 546 SCRA 278)
ANNULMENT OF JUDGMENT
This is an extraordinary remedy filed with the Court of
Appeals under Rule 47 of the Rules of Court, where
the ordinary remedies of new trial, appeal, petition for
relief or other appropriate remedies are no longer
available through no fault of the petitioner.
Judgments or orders of quasi-judicial bodies, e.g.,
NLRC or DARAB, are not covered by petitions for
annulment.
Reversion suits were originally filed with the RTC to
annul titles or patents administratively issued by the
LMB.
But with the effectivity of BP Blg. 129 which gave the
Intermediate Appellate Court (IAC) jurisdiction over
actions for annulment judgments of RTCs, the Rules
of Court promulgated on July 1, 1997 incorporated
Rule 47 on annulment of judgments or final orders of
the RTCs. (Yujuico v. Republic, 537 SCRA 513)
Page 29 of 62
LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
Grounds for annulment:
(a) Action is based on extrinsic fraud, filed within four
(4) years from discovery;
(b) Lack of jurisdiction over the person of the
defendant/respondent or over the subject matter of
the action. (Alcazarv. Arante, GR No. 177042, Dec.
10, 2012; Bulawanv. Aquende, GR No. 182819, June
22, 2011)
If based on lack of jurisdiction, petitioner need not
allege that the ordinary remedies of new trial or
appeal are no longer available through no fault of his.
If ground is lack of jurisdiction, another remedy is
certiorari under Rule 65 where the CA and SC have
concurrent jurisdiction.
―Since the petitioners never alleged that the National
Airports Corporation acted with bad faith when it
registered the lots in its name, the presumption of
good faith prevails. Consequently, the National
Airports Corporation, being a registrant in good faith,
is recognized as the rightful owner of the lots in
question, and the registration of the properties in its
name cut off any and all prior liens, interests and
encumbrances, including the alleged prior sale to
Cobarde, that were not recorded on the titles..
.. In a case for annulment of title, the complaint must
allege that the purchaser was aware of the defect in
the title so that the cause of action against him will be
sufficient. Failure to do so is fatal since the court
cannot render a valid judgment against the purchaser
who is presumed to be in good faith in acquiring the
said property. Failure to prove, much less impute, bad
faith on said purchaser who has acquired a title in his
favor would make it impossible for the court to render
a valid judgment thereon due to the indefeasibility and
conclusiveness of his title.‖ (Cabigas v. Limbaco, GR
No. 175291, July 27, 2011)
Fraud and misrepresentation, as grounds for
cancellation of patent and annulment of title, should
never be presumed, but must be proved by clear and
convincing evidence, mere preponderance of
evidence not being adequate. Fraud is a question of
fact which must be proved.
In Sampaco v. Lantud, GR No. 163551, July 18,
2011, the signatory of the certification, Datu Samra
Andam, A/Adm. Assistant II, Natural Resources
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
District No. XII-3, Marawi City, was not presented in
court to testify on the due issuance of the certification,
and to testify on the details of his certification,
particularly the reason why the said office had no
records of the data contained in OCT No. P-658 or to
testify on the fact of fraud, if any.
Allegations of actual fraud
 "the auction sale of the land is null and void
for lack of actual and personal notice to
herein petitioner";
 ―the RTC did not comply with the procedure
prescribed in Section 71, PD No. 1529
requiring notice by the Register of Deeds to
the registered owner as to the issuance of a
certificate of sale‖;
 ―Petitioner was not afforded due process
when she was not notified of the
proceedings instituted by respondent for the
cancellation of her title.‖ (Castigador v.
Nicolas, GR No. 184023, March 4, 2013)
 Fraud is extrinsic where it prevents a party
from having a trial or from presenting his
entire case to the court, or where it operates
upon matters pertaining not to the judgment
itself but to the manner in which it is
procured.
Lack of Jurisdiction – Illustrative Cases
Camitan v. Fidelity Investment(551 SCRA 540) –
where the owner‘s duplicate has not been lost but is
in fact existing, the reconstituted title is null and void
since the court never acquired jurisdiction over the
petition for reconstitution.
If the petition is based on extrinsic fraud, the remedy
is subject to a condition precedent, i.e., that the
ordinary remedies of new trial, appeal, petition fort
relief are no longer available through no fault of
petitioner.
―Grave abuse of discretion‖is not a proper ground for
petition for annulment of judgment. (Antonino v. RD,
GR No. 185663, June 20, 2012)
The judgment of the CA shall set aside the
questioned judgment, which is void for lack of
jurisdiction, without prejudice to the original action
being refiled in the proper court.
Page 30 of 62
LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law
Professor – 2C (2017-2018)
However, where the judgment or final order is set
aside on the ground of extrinsic fraud, the CA may, on
motion, order the trial court to try the case as if a
timely motion for new trial had been granted therein.
(Sec. 7, Rule 47)
RECOVERY OF DAMAGES
ASSURANCE FUND
FROM
THE
A person who sustains loss or damage, or is deprived
of any land or interest therein by the operation of the
Torrens system after original registration, without
negligence on his part, is entitled to recover damages
from the Assurance Fund. (Sec. 95, PD No. 1529)
 But the plaintiff who holds a certificate of title
must be an innocent purchaser for value.
 The action must be brought within 6 years
from the time right of action accrues
Requisites for recovery as to any person who
sustains loss or damage:
1. No negligence on his part, and
2. Loss or damage was through the omission or
mistake of the court personnel, or the
Register of Deeds or other employees of the
Registry in the performance of their duties.
Requisites for recovery as to any person deprived
of any land or interest in the land:
1. No negligence on his part;
2. He was deprived of land or interest therein
by the registration by any other person as
owner of such land; or by mistake, omission
or misdescription in any owner‘s duplicate
certificate, or in any memorandum in the
register, or by any cancellation; and
3. He is barred from bringing an action for the
recovery of such land or interest therein.
Defendants in an action against the AF
The Register of Deeds and National Treasurer -when
the action is for recovery for loss or damage of for
deprivation of land or interest therein through fraud,
negligence, omission, mistake or misfeasance of the
court personnel, the RD or employees of the registry;
The Register of Deeds, the National Treasurer and
other persons –for loss or damage or deprivation of
land or interest therein through fraud, negligence,
Land, Titles and Deeds Reviewer
mistake or misfeasance of persons other than court
personnel, the RD or employees of the registry.
The plaintiff must be the registered owner, or as to
holders of transfer certificates of title, that they are
innocent purchasers in good faith and for value.
Action does not lie where the damage or deprivation
of any right or interest in the land was caused by a
breach of trust, express or implied.
The person who claims damages should not have
been negligent in acquiring the property or in
obtaining registration thereof in his name (as where
he is aware of a notice of lis pendens affecting the
property)
Illustrative cases:
National Treasurer v. Perez (131 SCRA 264) –where
respondent could not be awarded damages since the
donation to him was not executed with the formalities
of a will and therefore could not have transferred to
him ownership of the property.
Treasurer of the Philippines v. CA (153 SCRA 3590) –
where respondents acquired no land or any interest in
the land as a result of the invalid sale to them by the
impostor Lawaan Lopez who had no title or interest to
transfer.
La Urbana v. Bernardo (62 Phil. 790) –where, having
knowledge of the pending litigation and notice of lis
pendens affecting the land, it nevertheless proceeded
to take the risk of purchasing property in litigation.
Fraginal v. Parañal (516 SCA 530) –where property
sold to petitioner was a prime land which has been
the subject of successive transfers with ―unusual
haste‖ which should have triggered petitioner‘s
curiosity.
CRIMINAL PROSECUTION
The State may criminally prosecute for perjury the
party who obtains registration through fraud, such as
by stating false assertions in the application for
registration, sworn answer, or application for public
land patent.
Page 31 of 62
LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law
Sec. 91 of the PLA provides that ―the statements
made in the application shall be considered as
essential conditions and parts of any concession, title,
or permit issued on the basis of such application, and
any false statement therein or omission of facts x x x
shall ipso facto produce the cancellation of the
concession, title, or permit granted.‖
INNOCENT PURCHASER FOR VALUE
An innocent purchaser for value is one who buys
the property of another without notice that some other
person has a right to or interest in it, and who pays a
full and fair price at the time of the purchase or before
receiving any notice of another person‘s claim. (Yared
v. Tiongco, GR No. 161360, Oct. 19, 2011; Rosales v.
Burgos, 577 SCA 264)
No petition for review shall be entertained by the court
where an innocent purchaser for value has acquired
the land or an interest therein. (Sec. 32, PD 1529)
“Innocent purchaser for value” includes innocent
mortgagee
The phrase ―innocent purchaser for value‖ in Sec. 32
of the Property Registration Decree includes an
innocent lessee, mortgagee, or other encumbrancer
for value. (Unchuan v. Court of Appeals, GR No.
78775, May 31, 1988, 161 SCA 710)
Good faith, or the lack of it, is a question of intention.
In ascertaining intention, courts are necessarily
controlled by the evidence as to the conduct and
outward acts by which alone the inward motive may,
with safety, be determined. (LBP v. Poblete, GR No.
196577, Feb. 25, 2013)
Doctrine of “mortgagee in good faith”
In LBP v. Poblete, GR No. 196577, Feb. 25, 2013, the
Court explained the doctrine of ―mortgagee in good
faith" as one based on the rule that buyers or
mortgagees dealing with property covered by a
Torrens certificate of title are not required to go
beyond what appears on the face of the title.
Thus, despite the fact that the mortgagor is not the
owner of the mortgaged property, his title being
fraudulent, the mortgage contract and any foreclosure
Land, Titles and Deeds Reviewer
Professor – 2C (2017-2018)
sale arising therefrom are given effect by reason of
public policy.
Doctrine of “morgagee in good faith” not
applicable to banks
It has been consistently held that the rule does not
apply to banks, which are required to observe a
higher standard of diligence. A bank whose business
is impressed with public interest is expected to
exercise more care and prudence in its dealings than
a private individual, even in cases involving registered
lands. A bank cannot assume that, simply because
the title offered as security is on its face free of any
encumbrances or lien, it is relieved of the
responsibility of taking further steps to verify the title
and inspect the properties to be mortgaged. (LBP v.
Poblete, supra)
In LBP v. Poblete, supra, the Court held that LBP is
not a mortgagee in good faith because it processed
Maniego‘s application upon presentation of OCT No.
P-12026, which was still in the name of Poblete. It
also ignored the fact that a certain Kapantay had
previously used Poblete's title as collateral in its loan
account with LBP.
―When the person applying for the loan is other than
the registered owner of the real property being
mortgaged, [such fact] should have already induced
the Bank to make inquiries into and confirm [the]
authority to mortgage . . . . A person who deliberately
ignores a significant fact that could create suspicion in
an otherwise reasonable person is not an innocent
purchaser for value.‖(Citing Bank of Commerce v.
San Pablo, GR No. 167848, 27 April 2007)
Acts showing the bank’s lack of diligence

Where the bank did not investigate the
property to ascertain its actual occupants. (It
is the standard practice of banks, before
approving a loan, to send representatives to
the premises of the land to investigate its
real owners)

Where
the
bank‘s
representative
concentrated only on the appraisal of the
property and failed to inquire as to who were
the then occupants of the property.
Page 32 of 62
LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law

Where the bank acted with haste in granting
the mortgage loan and did not ascertain the
ownership of the land being mortgaged, as
well as the authority of the supposed agent
executing the mortgage. (LBP v. Poblete,
supra)
Every person dealing with registered land has a right
to rely on the correctness of the title and is not obliged
to go beyond the certificate to determine the condition
of the property. (Unchuan v. CA, 161 SCRA 710)
But one who buys from one who is not the registered
owner is expected to examine not only the certificate
of title but all factual circumstances necessary to
determine if there are any flaws in the title of the
transferor. (Cabigas v. Limbaco, GR No. 175291, July
27, 2011)
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
One can sell only what one owns or is authorized to
sell, and the buyer can acquire no more than what the
seller can transfer legally.
Prior est temporae, prior est in jura
He who is first in right is preferred in right.
Thus, when the thing sold is an immovable, the one
who acquires it and first records it in the Registry of
Property, both made in good faith, shall be deemed
the owner.
A certificate of title is not conclusive where it is the
product of faulty or fraudulent registration. (Widows
and Orphans Association, Inc. v. Court of Appeals,
201 SCRA 165)
In a series of transfers, it is enough that the buyer
examines the latest certificate of title and need not
scrutinize each and every title that preceded it.
(Tajonera v. CA, 103 SCRA 467)
Where the inclusion of land in the certificate of prior
date is a mistake, the mistake may be rectified by
holding the latter of two certificates to be conclusive.
(Legarda v. Saleeby, 31 Phil. 590)
But under the rule of caveat emptor (buyer beware),
one who buys without checking the vendor‘s title
takes all the risks and losses consequent to such
failure. (Dacasin v. CA, 80 SCRA 89)
The rule that where two certificates purport to include
the same land, the earlier in date prevails, is valid
only absent any anomaly or irregularity tainting the
process of registration. (Mathay v. Court of Appeals,
295 SCRA 556)
A mortgage is invalid even in the hands of an
innocent mortgagee where the title covers nonregistrable land. (LBP v. Republic, 543 SCRA 453)
―Under the Torrens system of land registration, the
registered owner of realty cannot be deprived of her
property through fraud, unless a transferee acquires
the property as an innocent purchaser for value..
..But a transferee who acquires the property covered
by a reissued owner's copy of the certificate of title
without taking the ordinary precautions of honest
persons in doing business and examining the records
of the proper Registry of Deeds, or who fails to pay
the full market value of the property is not considered
an innocent purchaser for value. (Cusi v. Domingo,
GR No. 195825, Feb. 27, 2013)
Nemo dat quod non habet
No one can give what one does not have.
Land, Titles and Deeds Reviewer
Under Sec. 32, PD No. 1529, rule of good faith
equally applies to mortgagees or other
encumbrancers for value
Thus, where the Torrens title was issued through
regular registration proceedings, a subsequent order
for the cancellation nullification of the title is not a
ground for nullifying the mortgage rights of the bank.
(St. Dominic v. IAC, 151 SCRA 577)
The right or lien of an innocent mortgagee must be
respected even if the mortgagor obtained his title
through fraud. (Blanco v. Esquierdo, 110 Phil. 494)
"The certificate of title was in the name of the
mortgagor when the land was mortgaged to the PNB.
Such being the case, petitioner PNB had the right to
rely on what appeared on the certificate of title, and in
the absence of anything to excite suspicion, it was
under no obligation to look beyond the certificate and
investigate the title of the mortgagor appearing on the
face of the certificate." (Citing Gonzales vs.
Page 33 of 62
LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law
Intermediate Appellate Court, 157 SCRA 587; Phil.
Coop. Bank vs. Carangdang, 139 SCRA 570;
Penullar vs. PNB, 120 SCRA 171)
"The right or lien of an innocent mortgagee for value
upon the land mortgaged must be respected and
protected, even if the mortgagor obtained his title
through fraud..
..The remedy of the persons prejudiced is to bring an
action for damages against those who caused the
fraud, and if the latter are insolvent, an action against
the Treasurer of the Philippines may be filed for
recovery of damages against the Assurance Fund.―
(Citing Blanco v. Esquierdo, 110 Phil. 494)
Banks required to exercise greater care
But unlike private individuals, banks (and other
persons engaged in lending money) are expected to
exercise greater care and prudence in their dealings
for their business is imbued with public interest. (PNB
v. Jumanoy, GR No. 169901, Aug. 3, 2011;
Metrobank v. SLGT Holdings, 533 SCRA 516; Cruz v.
Bancom Finance, 379 SCRA 490; Philippine Trust
Company v. Court of Appeals, GR No. 150318, Nov.
2010)
This principle equally applies to realty corporations
because of the nature of their business. (Sunshine
Finance v. IAC, GR No. 74070, Oct. 28, 1991)
Imbued with public interest, banks "are expected to
be more cautious than ordinary individuals.‖
Thus, before approving a loan, the standard practice
for banks and other financial institutions is to conduct
an ocular inspection of the property offered to be
mortgaged and verify the genuineness of the title to
determine the real owner or owners thereof.
Failure to do so makes them mortgagees in bad faith.
(Alano v. Planter’s Development Bank, GR No.
171628, June 13, 2011)
―An impostor succeeded in tricking a court of law into
granting his petition for the issuance of a duplicate
owner's copy of the supposedly lost TCT. The
impostor then had the TCT cancelled by presenting a
purported deed of sale between him and the
registered owners, both of whom had already been
dead for some time, and another TCT was then
Land, Titles and Deeds Reviewer
Professor – 2C (2017-2018)
issued in the impostor's own name. This issuance in
the impostor's own name was followed by the
issuance of yet another TCT in favor of a third party,
supposedly the buyer of the impostor. In turn, the
impostor's transferee (already the registered owner in
his own name) mortgaged the property to Spouses
Miguel and Adela Lazaro, who then caused the
annotation of the mortgage on the TCT. All the while,
the original duplicate owner's copy of the TCT
remained in the hands of an heir of the deceased
registered owners with his co-heirs' knowledge and
consent. .
..The Lazaros, as the mortgagees, claimed good faith,
and urged the Court to find in their favor. But the
Court held instead that since the title of the property
mortgaged to the Lazaros was a second owner's
duplicate TCT, which is, in effect a reconstituted title,
and hence, this circumstance should have alerted
them to make the necessary investigation, but they
did not. ― (Cusi v. Domingo,GR No. 195825, Feb. 27,
2013)
A deed of sale which was absolutely simulated is null
and void and does not convey any right that could
ripen into valid title; there being no valid mortgage,
there could be no valid foreclosure, and the bank
cannot be considered as a mortgagee in good faith.
But where title was issued through regular
proceedings and was given as security for a bank
loan, the subsequent declaration of the title as null
and void is not a ground for nullifying the mortgage
rights of the bank. (St. Dominic Corp. V. IAC, 151
SCRA 577; Blanco v. Esquierdo, 110 Phil. 494)
Forged deed is a nullity
Generally, a forged deed is a nullity and conveys no
title, even if accompanied by the owner‘s duplicate
certificate of title. (Joaquin v. Madrid, 106 Phil. 1060)
The registered owner does not lose his title, and
neither does the assignee or mortgagee acquire any
right to the property. (Bernales v. Sambaan, 610
SCRA 90)
The innocent purchaser for value protected by law is
one who purchases a titled land by a virtue of a deed
executed by the registered owner himself, not by a
forged deed.
Page 34 of 62
LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law
―A forged or fraudulent deed is a nullity and conveys
no title. Where the deed of sale states that the
purchase price has been paid but in fact has never
been paid, the deed of sale is void ab initio for lack of
consideration. Since the deed is void, the
corresponding title issued to the vendee pursuant to
the same deed is likewise void..
..When the instrument presented for registration is
forged, even if accompanied by the owner's duplicate
certificate of title, the registered owner does not
thereby lose his title, and neither does the mortgagee
acquire any right or title to the property. It is essential
that the mortgagor be the absolute owner of the
property to be mortgaged; otherwise, the mortgage is
void.‖ (LBP v. Poblete, GR No. 196577, Feb.25, 2013)
Sec. 53 of PD No. 1529 provides that the subsequent
registration of title procured by the presentation of a
forged deed or other instrument is null and void.
Thus, the subsequent issuance of TCT No.
195812 gave the petitioner no better right than the
tainted registration which was the basis for the
issuance of the same title. (Leoveras v. Valdez,
GR No. 169985, June 15, 2011)
But a forged deed may become the root of a valid
title
A forged deed may become the root of a valid title in a
bona fide purchaser if the certificate has already been
transferred from the name of the true owner to the
name of the forger or the name indicated by the
forger, and while it remained that way, the land was
subsequently sold to an innocent purchaser for value.
(Solivel v. Francisco, 170 SCRA 218)
For then the vendee had the right to rely upon what
appeared in the certificate. (Guaranteed Homes v.
Valdez, 577 SCRA 441)
―A void title may become the root of a valid title if the
derivative title was obtained in good faith and for
value. Following the principle of indefeasibility of a
Torrens title, every person dealing with registered
lands may safely rely on the correctness of the
certificate of title of the vendor/transferor, and he is
not required to go beyond the certificate and inquire
into the circumstances culminating in the vendor's
acquisition of the property. The rights of innocent third
persons who relied on the correctness of the
Land, Titles and Deeds Reviewer
Professor – 2C (2017-2018)
certificate of title and acquired rights over the property
covered thereby cannot be disregarded and the
courts cannot order the cancellation of such certificate
for that would impair or erode public confidence in the
Torrens system of land registration.‖(Muñoz v. Yabut,
GR No. 142676, June 6, 2011)
General Incidents of Registered Land
―Every registered owner receiving a certificate of title
in pursuance of a decree of registration, and every
subsequent purchaser of registered land taking a
certificate of title for value and in good faith, shall hold
the same free from all encumbrances except those
noted in said certificate.‖(Sec. 44, PD 1529)
The phrase ―innocent purchaser for value‖ includes an
innocent lessee, mortgagee, or other encumbrancer
for value. (Unchuan v. CA, 161 SCRA 710)
Statutory liens
Every registered owner and every subsequent
purchaser for value and in good faith shall hold the
same free from all encumbrances (Casimiro
Development Corp. v. Mateo, GR No. 175485, July
27, 2011) except those noted in the certificate and
any of the following:
liens, claims or rights under the Constitution and
laws; unpaid real estate taxes; any public highway
or private way established by law; any disposition
of the property or limitation on the use thereof by
virtue of PD 27 or any law on agrarian reform.
(Sec. 44, PD 1529)
Lien
Is a charge on property usually for the payment of
some debt or obligation. It signifies a legal claim or
charge on property, either real or personal, as a
collateral or security for the payment of some debt or
obligation.
Encumbrance
Is a burden upon land depreciative of its value, such
as a lien, easement, or servitude, which, though
adverse to the interest of the landowner, does not
conflict with his conveyance of the land in fee, e.g., a
mortgage, judgment lien, lease, security interest,
easement or right of way, accrued and unpaid taxes.
Page 35 of 62
LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law
Professor – 2C (2017-2018)
Illustrative cases:
REGISTERED LAND
COLLATERAL ATTACK
Alienable public lands donated, granted or held by a
branch or subdivision of the government cannot be
alienated unless authorized by Congress. (Chavez v.
PEA, 384 SCRA 152)
Section 44 which subjects the certificate of title to
public servitudes which may be subsisting, does not
apply, say, in the case of a road constructed
subsequent to the acquisition of the land. (Dirgran v.
Auditor General, 16 SCRA 762)
Secs. 118 and 122 of the Public Land Act provide
limitations on the right of the homestead or free
patentee to alienate the land subject of the patent.
REGISTERED LAND
PRESCRIPTION
NOT
SUBJECT
TO
―No title to registered land in derogation of the title of
the registered owner shall be acquired by prescription
or adverse possession.‖(Sec. 47, PD 1529)
Title to land, once registered, is imprescriptible. It may
not be lost by adverse, open and notorious
possession. Prescription is unavailing not only against
the registered owner but also against his hereditary
successors.
The right to recover possession of registered property
is equally imprescriptible since possession is a mere
consequence of ownership. (Repulic v. Mendoza, GR
No. 185091, Aug. 8, 2010)
A registered owner may be barred from
recovering possession by virtue of laches
In Panganiban v. Gamponia (100 Phil. 277),
petitioners, for 45 years, did nothing to assert their
right of ownership and were barred from recovering
possession of the property.
In Agne v. Director of Lands (181 SCRA 7090), the
registered owner‘s right to recover possession was
lost by inaction for almost 30 years.
In Golloy v. CA (173 SCRA 26), while the lot was
registered in the name of respondent, petitioners
acquired title thereto by possession for 50 years.
Land, Titles and Deeds Reviewer
NOT
SUBJECT
TO
A certificate of title cannot be altered, modified or
cancelled except in a direct proceeding filed with the
RTC (Sec. 48, PD 1529; Manotok v. Barque, 582
SCRA 583)
Direct attack: when the object of the action is to
annul or set aside the judgment, or enjoin its
enforcement.
Collateral attack: in an action to obtain a different
relief, an attack on the judgment is nevertheless made
as an incident thereto.
A direct attack on title is proper in a counterclaim
(Leyson v. Bontuyan, 452 SCRA 94).
Illustrative cases:
Director of Lands v. Gan Tan (89 Phil. 184) -where
the decision of the lower court denying reconstitution
because petitioner is allegedly an alien was reversed,
the Supreme Court holding that the issue is a
collateral attack on the title and should be raised only
a direct action.
Oño v. Lim (614 SCRA 514) – where it was held that
there is no collateral attack when respondent asserted
that the title in the name of petitioner‘s predecessor
had become inoperative due to the prior conveyance
of the land in favor of respondent‘s mother.
Section 48 of Presidential Decree No. 1529, also
known as the Property Registration Decree, provides
that "[a] certificate of title shall not be subject to
collateral attack [. . . and] cannot be altered, modified,
or cancelled except in a direct proceeding in
accordance with law". Clearly, the cancellation of the
Manotok title cannot arise incidentally from the
administrative proceeding for reconstitution of the
Barque title even if the evidence from that proceeding
revealed the Manotok title as fake. Nor could it have
emerged incidentally in the appellate review of the
LRA's administrative proceeding. (Manotok v. Barque,
GR No. 162335, Dec.18, 2008)
ADVERSE CLAIM
Page 36 of 62
LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
―Whoever claims any part or interest in registered
land adverse to the registered owner, arising
subsequent to the original registration, may, if no
other provision is made in this Decree for registering
the same, make a statement in writing setting forth
fully his alleged right or interest, and how or under
whom acquired, a reference to the number of the
certificate of title of the registered owner, the name of
the registered owner, and a description of the land in
which the right or interest is claimed.‖(Sec. 70, PD
1529)
A notice of levy and subsequent sale of property
cannot prevail over an existing adverse claim earlier
inscribed on the certificate of title covering it.
(Martinez v. Garcia, 611 SCRA 537)
A person who claims an interest in registered land
adverse to the registered owner may make a
statement under oath setting forth his alleged right or
interest and how acquired, the number of the
certificate of title, name of the registered owner and a
description of the land.
That the foreclosure of mortgage was effected after
the annotation of the adverse claim is of no moment
since the foreclosure retroacts to the date of
registration of the mortgage. (Limpin v. IAC, 166
SCRA 87)
The statement shall be registered as an adverse
claim and shall be effective for 30 days.
The annotation may be cancelled upon the filing of a
verified petition by the party in interest. (Sec. 70, PD
1529)
An adverse claim is designed to protect the right or
interest of a person over a piece of real property and
serves as a notice to third persons that someone is
claiming an interest in the land or a better right thereto
than the registered owner. (Martinez v. Garcia, GR
No. 166536, Feb. 4, 2010)
An adverse claim based on prescription and adverse
possession cannot be registered because, under Sec.
47, no title to registered land shall be acquired by
prescription or adverse possession. (Estella v.
Register of Deeds, 106 Phil. 911)
The Register of Deeds cannot unilaterally cancel the
adverse claim. There must be a hearing for the
purpose. This is in line with the provision ―that after
cancellation, no second adverse claim shall be
registered by the same claimant. (Sanjonas v. CA,
258 SCRA 79)
Adverse claim is proper where there is no other
provision of law for the registration of claimant‘s
alleged right or interest in the property.
 A notice of levy cannot prevail over an
existing adverse claim inscribed in the
certificate of title.
 A claim which arose priorto the date of the
original registration cannot be entered as
adverse claim.
 Where the claim is based on a perfected
contract of sale by the owner of the land, the
procedure is to register the contract so that a
new transfer certificate of title is issued to the
vendee-claimant. (Sec. 57, PD No. 1529)
A mortgage is valid as between the parties even if
unregistered, but registration of a mortgage is
indispensable to bind third parties.
A sale of land may not be annotated as an adverse
claim because the law prescribes the remedy of
registration of the sale and the issuance to the
vendee of a transfer certificate of title. (RD v.
Nicandro, 111 Phil. 989; Sec. 57, PD 1529)
Prior registration of an adverse claim or notice of lis
pendens creates a preference as against a mortgage
registered later. The subsequent registration of a prior
mortgage does not diminish this preference, which
retroacts to the date of the notice of adverse claim or
lis pendens. (Cruz v. Bancom Finance Corporation,
GR No. 147788, March 19, 2002)
The hereditary rights or a person registered
fraudulently in her sister‘s name is registrable as an
adverse claim. (Gabriel v. Register of Deeds, 9 SCRA
136)
An adverse claim is effective for thirty days; but it is
not ipso facto cancelled after said period -a separate
petition is necessary. (Sajonas v. Court of Appeals,
GR No. 102377, July 5, 1996)
Land, Titles and Deeds Reviewer
Page 37 of 62
LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
The RD cannot unilaterally cancel the adverse claim.
There must be a hearing for the purpose. (DiazDuarte v. Ong, 298 SCRA 388)
thereof in the day book is a sufficient notice to all
persons of such adverse claim. (Bulaong v. Gonzales,
GR No. 156318, Sept. 5, 2011)
The adverse claim may be cancelled if it is frivolous
or vexatious, in which case damages may be
adjudged against the adverse claimant.
SURRENDER OF CERTIFICATE IN INVOLUNTARY
DEALINGS
Mortgage lien follows the property mortgaged
Court may compel surrender of withheld
certificate
If an attachment or other lien in the nature of an
involuntary dealing is registered and the duplicate
certificate is not presented, the Register of Deeds
shall, within 36 hours, request the registered owner to
produce his duplicate certificate. If he refuses to
comply within a reasonable time, the RD shall report
the matter to the court which shall, after notice, issue
an order for the owner to produce his certificate at the
time and place stated and may enforce the order by
suitable process. (Sec. 71, PD 1529)
―In an action for specific performance with damages
based on a contract of sale, a motion may be filed by
the purchaser for the issuance of an order to compel
the holder of the duplicate certificate of title to
surrender the same to the RD..
..Even while Sec. 107 of PD 1529 speaks of a petition
which can be filed by one who wants to compel
another to surrender the certificates of title to the RD,
this does not preclude a party to a pending case to
include as incident therein the relief stated under Sec.
107, especially if the subject certificates of title to be
surrendered are intimately connected with the subject
matter of the principal action. This principle is based
on expediency.‖ (Ligon v. CA, GR No. 107751, June
1, 1995)
Voluntary and Involuntary Registration
In voluntary registration, such as a sale, mortgage,
lease and the like, if the owner's duplicate certificate
be not surrendered and presented or if no payment of
registration fees be made within fifteen (15) days,
entry in the day book of the deed of sale does not
operate to convey and affect the land sold.
In involuntary registration, such as an attachment,
levy upon execution, lis pendens and the like, entry
Land, Titles and Deeds Reviewer
Any lien annotated on the previous certificates of title
which subsists should be incorporated in or carried
over to the new transfer certificates of title. This is true
even in the case of a real estate mortgage because
pursuant to Art. 2126 of the Civil Code it directly and
immediately subjects the property upon which it is
imposed, whoever the possessor may be, to the
fulfillment of the obligation for whose security it was
constituted.
It is inseparable from the property mortgaged as it is a
right in rem—a lien on the property whoever its owner
may be. Thus, all subsequent purchasers must
respect the mortgage whether the transfer to them be
with or without the consent of the mortgagee, for such
mortgage until discharged follows the property. (Ligon
v. CA, supra)
SURRENDER OF WITHHELD CERTIFICATE
―Sec. 107. Surrender of withheld duplicate certificates.
-Where it is necessary to issue a new certificate
pursuant to any involuntary instrument which divests
the title of the registered owner or where a voluntary
instrument cannot be registered because of the
refusal of the holder to surrender the owner‘s
duplicate certificate, the party in interest may file a
petition the court to compel surrender of the same to
the Register of Deeds. The court, after hearing, may
order the registered owner or any person withholding
the duplicate certificate to surrender the same, and
direct the entry of a new certificate or memorandum
upon such surrender. If the person withholding the
certificate is not amenable to the process of the court,
or if for any reason the outstanding owner‘s duplicate
certificate cannot be delivered, the court may order
the annulment of the same as well the issuance of a
new certificate of title in lieu thereof. Such new
certificate and all duplicates thereof shall contain a
memorandum of the annulment of the outstanding
duplicate.‖ (Section 107, P.D. 1529)
Q: In implementing the involuntary transfer of title
of real property levied and sold on execution, is it
enough for the executing party to file a motion
Page 38 of 62
LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
with the court which rendered judgment, or does
he need to file a separate action with the Regional
Trial Court?
A: The proper course of action is to file a petition in
court, rather than merely move, for the issuance of
new titles. This is to afford due process to the
registered landowner. (Reyes v. Tang Soat Ing, GR
No. 185620, Dec. 14, 2011; Padilla v. Philippine
Producers’ Cooperative Marketing Association, GR
No. 141256, Sept. 18, 1995)
NOTICE OF LIS PENDENS
Lis pendens, which literally means pending suit,
refers to the jurisdiction, power or control which a
court acquires over property involved in a suit,
pending the continuance of the action, and until final
judgment.
Lis pendens is intended:
(1) to keep the properties in litigation within the power
of the court until the litigation is terminated and to
prevent the defeat of the judgment or decree by
subsequent alienation; and
(2) to announce to the whole world that a particular
property is in litigation and serves as a warning that
one who acquires an interest over said property does
so at his own risk, or that he gambles on the result of
the litigation over said property. (Mr Holdings, Ltd. v.
Bajar, GR No. 153478, Oct. 10, 2012)
A notice of lis pendens is governed by Sec. 14,
Rule 13, 1997 Rules of Civil Procedure
―SEC. 14. Notice of lis pendens. —In an action
affecting the title or the right of possession of real
property, the plaintiff and the defendant, when
affirmative relief is claimed in his answer, may record
in the office of the registry of deeds of the province in
which the property is situated a notice of the
pendency of the action. Said notice shall contain the
names of the parties and the object of the action or
defense, and a description of the property in that
province affected thereby. Only from the time of filing
such notice for record shall a purchaser, or
encumbrancer of the property affected thereby, be
deemed to have constructive notice of the pendency
of the action, and only of its pendency against the
parties designated by their real names.
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
The notice of lis pendens hereinabove mentioned
may be cancelled only upon order of the court, after
proper showing that the notice is for the purpose of
molesting the adverse party, or that it is not necessary
to protect the rights of the party who caused it to be
recorded."
A notice of lispendens is availed of mainly in real
actions. These actions are:
(a) An action to recover possession of real estate;
(b) An action for partition; and
(c) Any other court proceedings that directly affect the
title to the land or the building thereon or the use or
the occupation thereof.
Additionally, the annotation of lispendens also applies
to suits seeking to establish a right to, or an equitable
estate or interest in, a specific real property, or to
enforce a lien, a charge or an encumbrance against it.
But it does not apply to actions involving title to or any
right or interest in, personal property, such as the
subject membership shares in a private non-stock
corporation. (Mr Holdings v. Bajar, supra)
Lis pendens is not proper in an action for sum of
money
―A notice of lis pendens annotated on the cancelled
TCT No. 170213 and carried over to Tan's TCT No.
10206 conferred upon RAM no rights over the subject
property as well as petitioner, its successor-ininterest, since CC No. 67381, which RAM,
predecessor-in-interest of petitioner, instituted against
Zeñarosa was for collection of sum of money with
damages —a purely personal action.
Hence, the subsequent levy on execution on October
14, 2004 arising from the final money judgment in
favor of petitioner cannot prevail over the earlier
annotated attachment made by Lorenzo on
September 30, 2002 and its subsequent notice of levy
on execution and sale of the property to respondents
on January 30, 2004, who then took possession.
(Gagoomal v. Villacorta, GR No. Jan. 18, 2012)
Purpose:
 to protect the rights of the party causing
registration, and
 to advise third persons that they deal with
the property subject to the result of the case
Page 39 of 62
LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law
A notice of lis pendens neither affects the merits of
the case nor creates a right or lien.
Cancellation is proper when filed to molest adverse
party or is not necessary to protect the rights of the
person causing registration.
Lis pendens is proper in the following cases:
1. Action to recover possession of property;
2. Action to quiet title thereto;
3. Action to remove clouds thereon;
4. Action for partition; and
5. Any other proceedings in court directly
affecting the title to the land or the use or
occupation thereof or the buildings thereon.
The notice need not be annotated on the owner‘s
duplicate certificate of title because the notice is an
involuntary transaction. Entry in the day book is
sufficient. (Yu v. CA, 251 SCRA 509)
As a remedy, an action for reconveyance is filed as
an ordinary action in the ordinary courts of justice and
not with the land registration court. Reconveyance is
always available as long as the property has not
passed to an innocent third person for value.
A notice of lis pendens may thus be annotated on the
certificate of title immediately upon the institution of
the action in court. The notice of lis pendens will avoid
transfer to an innocent third person for value and
preserve the claim of the real owner. (Pacete v.
Asotigue, GR No. 188585, Dec. 10, 2012)
In case of subsequent sales or transfers, the RD must
carry over the notice of lis pendens on all titles to be
issued.
Transferees of title subject to lis pendens are bound
by the judgment against their predecessors. (Selph v.
Aguilar, 107 Phil. 443)
Before final judgment, the notice may be cancelled
upon order of the court if the notice is for the purpose
of molesting the adverse party or if it is not necessary
for the protection of the party who caused its
registration; or by the RD upon verified petition of the
party who caused the annotation thereof. (Sec. 77)
Cancellation of lis pendens
Land, Titles and Deeds Reviewer
Professor – 2C (2017-2018)
The power to cancel a notice of lis pendens is
exercised only under exceptional circumstances, such
as: where such circumstances are imputable to the
party who caused the annotation; where the litigation
was unduly prolonged to the prejudice of the other
party because of several continuances procured by
petitioner; where the case which is the basis for the lis
pendens notation was dismissed for non
prosequituron the part of the plaintiff; or where
judgment was rendered against the party who caused
such a notation. (J. Casim Construction v. Registrar of
Deeds, GR No. 168655, July 2, 2010)
AMENDMENT
CERTIFICATES
AND
ALTERATION
OF
No erasure, alteration, or amendment, shall be made
upon the registration book after the entry of a
certificate of title or of a memorandum thereon except
by order of the proper Regional Trial Court. (Sec. 108,
PD 1529)
No amendment or alteration shall be made except
upon order of the court. (Cuyugan v. Sy Quia, 24 Phil.
A567)
The petition shall be filed in the original case in which
the decree was entered. (OCA v. Matas, 247 SCRA
9)
In Paz v. Republic, GR No. 157367, Nov. 23, 2011,
the Court held that the amendment and alteration of a
certificate of title under Section 108 of P.D. No. 1529
is applicable in seven instances or situations, namely:
(a) When registered interests of any description,
whether vested, contingent, expectant, or inchoate,
have terminated and ceased;
(b) When new interests have arisen or been created
which do not appear upon the certificate;
(c) When any error, omission or mistake was made in
entering a certificate or any memorandum thereon or
on any duplicate certificate;
(d) When the name of any person on the certificate
has been changed;
(e) When the registered owner has been married, or,
registered as married, the marriage has been
terminated and no right or interest of heirs or creditors
will thereby be affected;
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LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
(f) When a corporation, which owned registered land
and has been dissolved, has not conveyed the same
within three years after its dissolution; and
(g) When there is reasonable ground for the
amendment or alteration of title.
Under Sec. 108, in relation to Sec. 2, PD No. 1529,
the court may now hear both contentions and noncontentious cases.
Section 108 provides that, after notice to all the
interested parties, the court may (a) order the
issuance of a new certificate, (b) order the entry or
cancellation of a memorandum upon a certificate, or
(c) grant any other relief upon such terms and
conditions, requiring a bond if necessary, as it may
deem proper.
But the court, sitting as a land registration court, has
no jurisdiction or authority to reopen the original
decree of registration. The court cannot "impair the
title or other interest of a purchaser holding a
certificate for value and in good faith, or his heirs or
assigns, without his or their written consent.―(Luzon
Surety v. Mirasol, GR No. L-29313, Jan. 21, 1977)
Thus, the court has jurisdiction over a petition for
cancellation of encumbrances despite respondent‘s
contention that the issue is controversial. (PNB v.
International Corporate Bank, 199 SCRA 508).
The court can compel petitioner to surrender his
owner‘s duplicate certificate so that a new title may be
issued to the INK despite his argument that the case
involved the ―registrability ―of the document. (Ligon v.
CA, 244 SCA 693)
REPLACEMENT OF LOST OR DESTROYED
CERTIFICATE OF TITLE
Upon petition of the registered owner or person in
interest, the court may, after notice and hearing, direct
the issuance of a new duplicate certificate which shall
in all respects be entitled to like faith and credit as the
original duplicate. (Sec. 109, PD No. 1529)
Where the owner‘s duplicate copy is not in fact lost or
destroyed, a petition for the purpose is unwarranted
as the court has no jurisdiction over the petition.
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
The registered owner or person in interest shall send
notice, under oath, of the loss or destruction of the
owner‘s duplicate certificate to the Register of Deeds;
and
The corresponding petition for the replacement of the
lost or destroyed certificate shall then be filed in court
and entitled in the original case in which the decree of
registration was entered.
Unlike in a petition for reconstitution, there is no
requirement for the publication of the petition for
replacement of a lost or destroyed certificate.
RECONSTITUTION OF LOST OR DESTROYED
CERTIFICATE OF TITLE
The reconstitution of a certificate of title denotes
restoration in the original form and condition of a lost
or destroyed instrument attesting the title of a person
to a piece of land.
The purpose of the reconstitution of title is to have,
after observing the procedures prescribed by law, the
title reproduced in exactly the same way it has been
when the loss or destruction occurred.
RA 26 presupposes that the property whose title is
sought to be reconstituted has already been brought
under the provisions of the Torrens System. (Republic
v. Tuastumban, GR No. 173210, Apri 24, 2009)
The lost or destroyed document referred to is the one
that is in the custody of the Register of Deeds. When
reconstitution is ordered, this document is replaced
with a new one —the reconstituted title —that
basically reproduces the original.
After the reconstitution, the owner is issued a
duplicate copy of the reconstituted title. (Sec. 1, RA
No. 26; Republic v. Vergel de Dios, GR No. 170459,
Feb. 9, 2011)
Requisites:
(a) That the certificate of title had been lost or
destroyed;
Procedure
Land, Titles and Deeds Reviewer
Page 41 of 62
LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
(b) That the documents presented by petitioner are
sufficient and proper to warrant reconstitution of the
lost or destroyed certificate of title;
(c) That the petitioner is the registered owner of the
property or had an interest therein;
(d) That the certificate of title was in force at the time
it was lost and destroyed; and
(e) That the description, area and boundaries of the
property are substantially the same as those
contained in the lost or destroyed certificate of title.
(Id.)
Judicial reconstitution partakes of a land registration
proceeding and is subject to the jurisdictional
requirements of publication, mailing and posting. This
is mandatory. (Sec. 13, RA No. 26; Pinote v. Dulay,
GR No. 56694, July 2, 1990)
The petition shall be filed with the regional trial court
of the province or city where the land lies. Sec. 108 of
PD 1529 provides that all petitions or motions after
original registration shall be filed and entitled in the
original case in which the decree of registration was
entered.(See also Sec. 2, RA No. 26. Office of the
Court Administrator v. Matas, A.M. No. RTJ-92-836.
August 2, 1995).
In Manotok v. Barque, (supra), the Court held that if it
appears that the subject property is already covered
by an existing Torrens title in the name of another
person, the LRA should dismiss the petition. The
dismissal is subject to judicial review, but the only
inquiry in such appellate proceeding is on whether or
not there is a previously existing title covering the
land.
Neither the LRA nor the CA at that point may inquire
into the validity of the title or the competing claims
over the property. The only remedy is an action
before the RTC for the cancellation of the existing
title, whether by the competing claimant or by the
OSG on behalf of the Republic.
The cancellation of the previous (Manotok) title
cannot arise incidentally from the administrative
proceeding for reconstitution of the Barque title even if
the evidence from that proceeding revealed the
Manotok title as fake. Nor could it have emerged
incidentally in the appellate review of the LRA's
administrative proceeding. Sec. 48 of PD 1529
provides that "[a] certificate of title shall not be subject
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
to collateral attack [. . . and] cannot be altered,
modified, or cancelled except in a direct proceeding in
accordance with law".
Neither the CA nor the LRA has the power to cancel
titles. (Manotok v. Barque, supra)
But there is no collateral attack on the title (OCT No.
239) when the reconstution case (LRC Case No. B1784) was dismissed by court precisely because the
invalidity of said certificate of title was already
determined with finality by the Supreme Court.
The decision of the Court declaring OCT No. 239 as
fake, forged, and spurious already bars the
reconstitution of said title under the doctrine of res
judicata, in the concept of conclusiveness of
judgment. (Layos v. Fil-Estate, GR No. 150470, Aug.
6, 2008)
Sources of reconstitution
1. Sec. 2, RA No. 26 -for reconstitution of an
original certificate of title
2. Sec. 3, RA No. 26 –for reconstitution of a
transfer certificate of title.
3. ―Any other document‖as a source of
reconstitution refers to documents similarto
those previously enumerated in the law
under
the
principle
of
ejusdem
generis.(Republic v. IAC and Kiram, 157
SCRA 62)
Meaning of “any other document”
The term "any other document" in paragraph (f) refers
to reliable documents of the kind described in the
preceding enumerations and that the documents
referred to in Section 2 (f) may be resorted to only in
the absence of the preceding documents in the list.
The party praying for the reconstitution of a title must
show that he had, in fact, sought to secure such
documents and failed to find them before presentation
of "other documents" as evidence in substitution is
allowed. (Republic v. Lorenzo, GR No. 172338, Dec.
10, 2012)
The non-compliance with the requirements prescribed
in Sections 12 (contents of petition) and 13
(requirements of notice and hearing) of R.A. No. 26 is
fatal.
Page 42 of 62
LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law
These requirements and procedure are mandatory.
The petition for reconstitution must allege certain
specific jurisdictional facts; the notice of hearing must
be published in the Official Gazette and posted in
particular places and the same sent or notified to
specified persons. Sections 12 and 13 of the Act
provide specifically the mandatory requirements and
procedure to be followed. (Castillo v. Republic, GR
No. 182980, Jun 22, 2011. See also: Republic v.
Domingo, GR No. 197315, Oct. 10, 2012)
Examples of incompetent proof:
1. A survey plan, technical description,
certification issued by the LRA, lot data
computation, and tax declarations (which are
not similar to those mentioned in
subparagraphs (a) to (e) of Sec. 2 of RA 26,
as pertaining to documents issued or are on
file with the Registry of Deeds).
2. A survey plan and technical description
(where the petition is based on Sec. 2 (f) of
RA 26) which are mere additional
documentary requirements.
3. A certification that Decree No. 190622 was
issued for Lot 54, without stating the number
and date of the title, and to whom issued.
4. A tax declaration (which is not a reliable
document). (Republic v. Ramos, GR No.
169481, Feb. 22, 2010)
Liberal construction of the Rules of Court does not
apply to land registration cases. Indeed, to further
underscore the mandatory character of these
jurisdictional requirements, the Rules of Court do not
apply to land registration cases. (Sec.4, Rule 1 of the
1997 Rules of Civil Procedure)
In all cases where the authority of the courts to
proceed is conferred by a statute, and when the
manner of obtaining jurisdiction is prescribed by a
statute, the mode of proceeding is mandatory, and
must be strictly complied with, or the proceeding will
be utterly void. When the trial court lacks jurisdiction
to take cognizance of a case, it lacks authority over
the whole case and all its aspects. (Castillo v.
Republic, GR No. 182980, June 22, 2011)
―This Court has reiterated time and again that the
absence of opposition from government agencies is of
no controlling significance because the State cannot
Land, Titles and Deeds Reviewer
Professor – 2C (2017-2018)
be estopped by the omission, mistake or error of its
officials or agents. Neither is the Republic barred from
assailing the decision granting the petition for
reconstitution if, on the basis of the law and the
evidence on record, such petition has no merit.‖
(Republic v. Lorenzo, GR No. 172338, Dec. 10, 2012)
Administrative reconstitution of lost or destroyed
certificates is governed by RA 6732. It is available in
case of substantial loss or destruction of land titles
due fire, flood or other force majeure. (Manotok v.
Barque, GR No. 162335, Dec. 18,2008)
Requirements:
1. Number of certificates lost or damaged is at
least 10% of the total number in possession
of the RD.
2. In no case shall be number of certificates be
less than 500.
The administrative reconstitution of Torrens titles is
intended for non-controversial cases, or especially
where the subject property is not covered by an
existing title in favor of a person other than the
applicant. Such an implication is consonant with the
rule that the reconstitution proceedings are not the
venue for confirmation or adjudication of title, but
merely a means by which a previously adjudicated
title whose original has been lost or destroyed may be
reissued to its owner.
The LRA has no jurisdiction over a petition for
reconstitution, where the property is already covered
by a Torrens title. (Manotok v. Barque, supra)
CONSULTA
When the Register of Deeds is in doubt as to what
action should be taken on an instrument presented for
registration, or where ay party does not agree with the
action taken by the Register of Deeds, the question
shall be elevated to the LRA Administrator via en
consulta for determination. (Sec. 117, PD 1529)
The consulta shall be cancelled (a) upon final
resolution of the case by the LRA Administrator, or (b)
if the consulta is withdrawn by the petitioner.
The ruling of the LRA shall be conclusive and binding
on all RDs, without prejudice to an appeal to the Court
of Appeals.
Page 43 of 62
LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
A party who does not agree with the action taken by
the LRA is to appeal to the CA, via Rule 43 -and not
by certiorari or prohibition -within 15 days from notice
of the decision or resolution. (Calalang v. RD of QC,
231 SCRA 88)
The administrative remedy must be resorted to by
petitioner before he can have recourse to the courts.
(Almirol v. RD of QC, 22 SCRA 1152)
MORTGAGES AND LEASES
The mortgagor must be the owner of the property
mortgaged.
A mortgage lien is a right in rem which follows
property.
A notice of lis pendens cannot prejudice mortgage
previously registered.
A mortgage is invalid even in the hands of an
innocent mortgagee where the title covers nonregistrable land. (LBP v. Republic, 543 SCRA 453)
Where the certificate of title is in the name of the
mortgagor when the land is mortgaged, the
mortgagee has the right to rely on what appears on
the certificate of title. (Gonzales v. IAC, GR No.
69622, Jan. 29, 1988)
The right or lien of an innocent mortgagee for value
upon the land mortgaged must be respected and
protected, even if the mortgagor obtained his title
thereto thru fraud. (Blanco v. Esquierdo, GR No. L15182,Dec. 29, 1960).
The general rule that a mortgagee need not look
beyond the title does not apply to banks and other
financial institutions as greater care and due diligence
is required of them. Imbued with public interest, they
"are expected to be more cautious than ordinary
individuals.―(Alano v. Planter’s Development Bank,
GR No. 171628, June 13, 2011)
The ascertainment of the status or condition of a
property offered to it as security for a loan must be a
standard and indispensable part of its operations.
(Duque-Rosario v. Banco Filipino Savings and
Mortgage Bank, GR No. 140528, Dec. 7, 2011)
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
Although Art. 2085, CC, requires that the mortgagor
must be the owner of the mortgaged property, the
subsequent declaration that the title is null and void is
not a ground for nullifying the mortgage right of the
mortgagee. (Rural Bank of Sariaya v. Yacon, 175
SCRA 62)
The right or lien of an innocent mortgagee must be
respected, even if the mortgagor obtained his title
thereto through fraud.
The remedy of the person prejudiced is against those
who caused the fraud, or if insolvent, an action for
recovery of damages against the AF. (Blanco v.
Esquierdo, 110 Phil. 494)
Effect of a forged deed of mortgage
A forged power of attorney is without force and effect,
and the mortgage constituted by virtue thereof is also
null and void and could not prejudice the rights of the
registered owner. (Veloso v. La Urbana, 58 Phil. 681)
An absolutely simulated contract of sale is void and
transfers no ownership right; hence, the purported
buyer, not being the owner, cannot validly mortgage
the property and neither does the buyer at foreclosure
sale acquire any title thereto. (Cruz v. Bancom, 379
SCRA 490)
In extrajudicial foreclosures, the purchaser becomes
the absolute owner when no redemption is made.
Thus, after consolidation of ownership and issuance
of a new transfer certificate of title in the name of the
purchaser, he is entitled to possession of the property
as a matter of right under Section 7 (Act 3135), and
its issuance by the RTC is a mere ministerial function.
But pursuant to Sec. 33, Rule 39, Rules of Court, the
possession of the extrajudicially foreclosed property
shall be withheld from the purchaser if a third-party is
actually holding the same adversely to the
mortgagor/debtor. (Madriaga v. China Banking Corp.,
G No. 192377, July 2, 2012)
In foreclosure sale, there is no actual transfer of the
mortgaged real property until after the expiration of
the one-year redemption period as provided in Act
No. 3135 and title thereto is consolidated in the name
Page 44 of 62
LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law
of the mortgagee in case of non-redemption. In the
interim, the mortgagor is given the option whether or
not to redeem the real property.
The issuance of the Certificate of Sale does not by
itself transfer ownership. (Supreme Transliner, Inc. v.
BPI Family Savings Bank, Inc., GR No. 165617, Feb.
23, 2011)
Redemption
The mortgagor has one year within which to redeem
the property from the registration of sale, otherwise
the right of the purchaser to the possession of the
foreclosed property becomes absolute.
The writ of possession becomes a matter of right and
its issuance to a purchaser in an extrajudicial
foreclosure is merely a ministerial function.
Redemption is an implied admission of the regularity
of the sale and would estop the petitioner from later
impugning its validity on that ground. (Bulaong v.
Gonzales, GR No. 156318, Sept. 5, 2011)
Writ of possession
Under Sec. 7 of Act No. 3135, a writ of possession
may be issued either (a) within the one-year period,
upon the filing of a bond, or (b) after the lapse of the
redemption period, without need of a bond.
The proceeding for the issuance of the writ is ex parte
and is ministerial duty of the court, unless a third party
is actually holding the property adversely to the
judgment debtor, or where the bid price is unjustifiably
higher than the real amount of the obligation.
Mandamus is proper remedy to compel the issuance
of a writ of possession. (Edralin v. PVB, GR No.
168523, March 9, 2011)
Orders for the issuance of a writ of possession are
issued as a matter of course upon the filing of the
proper motion and approval of the corresponding
bond since no discretion is left to the court to deny it.
Such issuance being ministerial, its execution by the
sheriff is likewise ministerial. (China Banking
Corporation v. Abel, GR No. 182457, Jan.10, 2011)
Land, Titles and Deeds Reviewer
Professor – 2C (2017-2018)
The issuance of the writ may not be stayed by a
pending action for annulment of the mortgage or the
foreclosure itself, without prejudice, of course, to the
eventual outcome of the pending annulment case.
(Bank of the Philippine Islands v. Tarampi, GR No.
174988, Dec. 10, 2008)
Issuance of the writ is ex parte, summary and
ministerial. The order of the RTC granting the petition
for a writ of possession is final which can only be
questioned on appeal. (San Fernando Rural Bank,
Inc. v. Pampanga Omnibus Development
Corporation, GR No. 168088, April 4, 2007)
REGISTRATION VIA ISSUANCE OF PUBLIC LAND
PATENTS
Registration of Patents
Public lands suitable for agriculture can be disposed
of by (a) homestead, (b) sale, (c) lease, and (d)
confirmation of imperfect or incomplete titles by (1)
judicial legalization or (2) administrative legalization
(free patent)
Public land patents when duly registered are veritable
Torrens titles, entitled to all the safeguards relative
thereto
Homestead patent
Any citizen of the Philippines may apply for a
homestead of not exceeding 12 hectares.
The applicant must have cultivated and improved at
least one-fifth of the land and resided in the
municipality (or adjacent municipality) where the land
is located for at least one year.
Once the applicant has complied with all the
conditions essential to a government grant, he
acquires not only a right to a grant but a grant of the
land from the government.
Sales patent
A Filipino citizen or lawful age or the head of a family
may apply for the purchase of an agricultural public
land not to exceed 12 hectares.
Page 45 of 62
LAND, TITLES, AND DEEDS REVIEWER
Justice Oswaldo Agcaoili
University of Santo Tomas – Faculty of Civil Law
The land shall be sold through public bidding, and the
land awarded to the highest bidder.
The purchase price may be paid in full or in 10
installments.
The applicant must cultivate at least one-fifth of the
land within 5 years from the date of award.
Direct sale (RA No. 730)
RA No. 730 permits the private sale of not more than
1,000 square meters for residential purposes. The
applicant:
1. Is a Filipino citizen;
2. Is not the owner of a home lot in the city or
municipality;
3. Has established in good faith his residence
on land not needed for public service;
4. Has constructed his house and actually
resided therein.
Free patent
Applicant is a natural-born citizen who is not the
owner of not more than 12 hectares of agricultural
public land.
He has occupied and cultivated the land for at least
30 years, by himself of his predecessors-in-interest;
He has paid the real estate taxes while the same has
not been occupied by any other person.
ISSUANCE OF FREE PATENT TO RESIDENTIAL
LANDS (RA NO. 10023)
Requirements for a residential free patent:
1. Applicant must be a Filipino citizen
2. In actual occupation, residence and
continuous possession and occupation of a
residential land
3. Identified and zoned through an ordinance
and not needed for public use or public
service
4. For at least 10 years prior to the filing of the
application.
Area limitation:
 Highly urbanized cities –200 sq. m.
Land, Titles and Deeds Reviewer
Professor – 2C (2017-2018)



Other cities –500 sq. m.
1stand 2ndclass municipalities –750 sq. m.
Other municipalities –1,000 sq. m.
Requirements for application:
1. Approved plan and technical description
2. Affidavit of two (2) witnesses confirming
possession of applicant for at least 10 years
Special patents
A special patent is issued upon the promulgation of a
special law or act of Congress or by the DENR
Secretary as authorized by an EO of the President.
Example: Freedom Islands in the Manila Bay area to
which TCTs were issued to PEA.
However, the lands so titled shall not be disposed
unless with the approval of Congress if owned by the
national agency, or by the sanggunian concerned
through an approved ordinance if owned by LGUS.
Prohibited alienations
Sec. 118 of CA 141 proscribes the alienation or
encumbrance of land acquired under a free patent or
homestead patent within 5 years from the grant of the
patent. The policy is to give patentee a place where to
live with his family
After 5 years but before 25 years from the issuance of
the patent, a homestead may be disposed of subject
to the approval of the DENR Secretary; but land
covered by a free patent may be disposed of after 5
years.
SUBDIVISION AND CONDOMINIUM BUYER’S
DECREE (PD 957)
Policy: to afford inhabitants the requirements of
decent human settlement with ample opportunities for
improving their quality of life.
Real estate and condominium businesses must be
closely supervised and regulated, and penalties
imposed on fraudulent practices and manipulations.
PD No. 957 implements the state policy of providing
decent human settlement to improve the quality of life.
Page 46 of 62
LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
Housing and Land Use Regulatory Board (HLURB),
formerly NHA and HSRC, has exclusive jurisdiction to
regulate real estate and trade business.
HLURB is a quasi-judicial body with original and
exclusive authority to hear and decide cases of the
following nature:
 Unsound real estate business practice
 Claims for refund and any other claims filed
by subdivision lot or condominium unit buyer
against the project owner, developer or
dealer
 Cases involving specific performance of
contractual and statutory obligations filed by
buyers of subdivision lot or condominium
unit.
Subdivisions are mandated to maintain and provide
adequate water facilities for their communities.
Without a provision for an alternative water source,
the subdivision developer's alleged sale of the lot
where the community's sole water source was located
constituted a violation of this obligation. Thus, this
allegation makes out a case for an unsound real
estate business practice of the subdivision owner and
developer. Clearly, the case at bar falls within the
exclusive jurisdiction of the HLURB. (Liwag v. Happy
Glen Loop)
Decision of HLURB appealable to the OP whose
decision may be elevated to the CA via a petition for
review.
 HLURB has jurisdiction over cases for
collection of unpaid installments and
damages
 It has no jurisdiction over issues involving
ownership or possession of property
License to sell, requirements



Absence of license to sell does not render
sale void
But developer may be held civilly and
criminally liable
Determination of criminal liability lies with the
courts
A license to sell and performance bond is not required
in the following transactions:
1. Sale of a subdivision lot resulting from the
partition of the land among co-owners-heirs
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
2. Sale of a subdivision lot by the original.
purchaser and any subsequent sale of the
same lot.
3. Sale of a subdivision lot or condominium unit
by or for account of a mortgagee when
necessary to liquidate a bona fide debt.
Foreigners may purchase condominium units and
shares in the condominium corporations up to not
more than 40-% of the total and outstanding capital
stock of a Filipino-owned or controlled corporation.
The land is owned by the corporation and the unit
owner is simply a member in the corporation.
The ownership of the land is legally separated from
the unit itself.
Time of completion / Consequence of delay
1. Failure to develop a subdivision may justify
non-payment of amortizations by lot buyer
2. Failure of seller to deliver condominium unit
entitles buyer to cancel contract
Issuance of title
1. Duty of owner to deliver title
2. Duty of owner to redeem outstanding
mortgage
3. Certificate of title not subject to collateral
attack
4. Right of way to public road
5. Roads, alleys, sidewalks and open spaces
(non-alienable and non-buildable)
6. Donations of parks and playgrounds to the
city or municipality mandatory; may in turn
be donated to the homeowners association
The Lalicons claim that the NHA unreasonably
ignored their letters that asked for consent to the
resale of the subject property. But the NHA had no
obligation to grant the Lalicons' request for exemption
from the five-year restriction as to warrant their
proceeding with the sale when such consent was not
immediately forthcoming. And the resale without the
NHA's consent is a substantial breach. The essence
of the government's socialized housing program is to
preserve the beneficiary's ownerships for a
reasonable length of time, here at least within five
years from the time he acquired it free from any
encumbrance. (Lalicon v. NHA, GR No. 185440, July
13, 2011)
Page 47 of 62
LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
Foreigners are allowed to purchase condominium
units
Any mortgage of the unit or lot requires approval of
HLURB, otherwise mortgage is void
Failure to develop a subdivision may justify nonpayment of amortizations by lot buyer
Buyer may not be ousted for non-payment due to
failure of subdivision owner to put up required
improvements
Owner or developer shall:
1. Deliver title to buyer upon full payment of lot
or unit
2. Redeem outstanding mortgage
3. Secure a right of way to a public road
4. Initiate the organization of a homeowners
association among buyers and residents
5. Provide adequate roads, alleys and
sidewalks
6. Donate roads and open spaces to city or
municipality where project is located.
MULTIPLE CHOICE QUESTIONS
1. The real purpose of the Torrens system of
registration is
(a) to quiet title to land.
(b) to recognize a valid and subsisting interest in land.
(c) to bar innocent third parties from claiming an
interest in the land.
(d) to furnish a shield for fraud.
2. The following are sample allegations of actual fraud
which may be the basis of a petition for the review of
a decree. Which is the most serious?
(a) The Solicitor General has not been furnished with
the requisite notices and copy of the decision granting
registration of land within the forest zone.
(b) The applicant failed to show possession and
occupation of the land for the length of time required
by law.
(c) The registration court did not have jurisdiction over
the res because it is non-registrable.
(d) The prosecutor did not have the authority to
withdraw the appeal of the government.
3. The Regalian doctrine embodies the concept that:
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
(a) all alienable and disposable lands of the public
domain belong to the State.
(b) all lands not clearly within private ownership
presumptively belong to the State.
(c) all lands not covered by Spanish titles
presumptively belong to the State.
(d) the King is regarded as the true and only source of
title.
4. In what instances may first level courts exercise
jurisdiction to hear land registration cases?
(a) Where the application is not the subject of any
adverse claim.
(b) Where the assessed value of the land does not
exceed P500,000 as shown in the affidavit of the
applicant or corresponding tax declaration.
(c) Where the land is not contested, or even if
contested, has an assessed value not exceeding
P100,000.
(d) Where its exercise is delegated by the Supreme
Court.
5. The following may properly interpose an opposition
to the application for registration:
(a) a homesteader who has not yet been issued his
title but has fulfilled all the conditions. required by law
for the issuance of patent.
(b) a foreshore lease applicant.
(c) a sales applicant pending issuance of the order of
award.
(d) the holder of timber license agreement duly
approved by the DENR.
6. Which of the following (sample) allegations in a
defendant‘s answer to plaintiff‘s complaint for quieting
of title does not constitute a collateral attack on
plaintiff‘s title?
(a) that plaintiff is the prior registered owner of the
land.
(b) that plaintiff is disqualified to acquire the land
since he is not a Filipino citizen.
(c) that plaintiff has no cause of action because the
land had been previously sold by plaintiff to
defendant.
(d) that plaintiff‘s title was improperly issued for lack of
possession of the disputed property.
7. Section 5 of PD No. 957 prohibits the sale of a
subdivision lot without an HLURB license.
(a) The subsequent issuance of the license erases
the offense.
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LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
(b) The invocation of good faith extinguishes criminal
liability.
(c) The crime is regarded asmalum prohibitum.
(d) The determination of liability rests with the
HLURB.
8. Can the plaintiff in an action for specific
performance compel defendant, in the same action, to
surrender the duplicate certificate of title to the
Register of Deeds (RD) for the registration of the
sale?
(a) No. He must file a separate petition in court to
compel surrender of the same to the RD.
(b) Yes, this being a necessary incident in the main
case.
(c) No. The issue should be threshed out in an
ordinary action.
(d) Yes, to avoid multiplicity of suits.
10. What is the prescriptive period for an action for
compensation against the Assurance Fund?
(a) 4 years.
(b) 6 years.
(c) 10 years.
(d) imprescriptible.
11. PD No. 892, dated February 16, 1976, has
outlawed Spanish titles as evidence of ownership in
registration cases. However,
(a) such a title may still be presented in evidence if
accompanied by a survey plan executed prior to
February 16, 1976.
(b) such a title may still be presented if it is in the
nature of a possessory information title.
(c) such a title is absolutely barred without if‘s or but‘s.
(d) such a title may still be presented in evidence if
accompanied by its English translation.
12. The basis of the rule that the land sought to be
registered is already A and D ―at the time the
application for registration is filed‖ is that:
(a) it is only when the land is classified as A and D
that the State is deemed to have abdicated its
exclusive prerogative over the land.
(b) it is hardly possible to look for witnesses who
could testify as to the status and condition of the land
on or before June 12, 1945.
(c) prior to the classification of the land as A and D,
the land still remains part of the forest zone, hence,
inalienable.
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
(d) previous rulings of the Supreme Court requiring
that the land be declared A and D as of June 12, 1945
are merely obiter dicta.
13. Which of the following is incorrect: A Presidential
proclamation reserving land for a specific public
purpose
(a) is valid if already classified as A and D.
(b) is a matter of judicial notice.
(c) is an asseveration of Regalian right.
(d) is issued in the exercise of the State‘s dominical
authority.
14. The function of the Register of Deeds to register
instruments affecting registered land is ministerial.
Accordingly,
(a) his duty is compellable by mandamus.
(b) he has no discretion to determine the intrinsic
validity of the instrument provided that it is in due
form.
(c) his duty is to register the instrument without
prejudice to a determination of its validity before the
proper forum afterwards.
(d) his duty is to register the instrument unless
enjoined by the LRA.
15. Registration is not a mode of acquiring ownership.
It is simply a procedure
(a) to ensure that third parties may not assert any
claim or interest in the land thereafter.
(b) to establish proof of one‘s claim of ownership in
the land.
(c) to remove all liens and encumbrances in the land.
(d) to assure the claimant a better title than what he
actually has.
16. Lot X is registered in the name of ―Pedro, married
to Maria.‖ Pedro sells the land to Jose without the
written consent of Maria. May the Register of Deeds
refuse registration?
(a) No because the land belongs solely to Pedro, the
registered owner.
(b) Yes because there is nothing in the deed of sale to
show that Pedro alone acquired the land in his own
right.
(c) No because the lack of consent of Maria is fatal,
there being no showing that she is incapacitated to
give her consent to the sale.
(d) Yes because the deed of sale does not bear the
signature of Maria who is presumed co-owner of the
land.
Page 49 of 62
LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
17. Registration under the Torrens system is a
proceeding in rem. This means that
(a) all interested persons are notified of the
proceedings and have a right to appear in opposition
to the application for registration.
(b) the proceeding is against all known occupants and
adjoining owners of the land.
(c) the proceeding aims generally to bar some
individual claim or objection so that certain persons
who claim an interest in the land are entitled to be
heard.
(d) the proceeding shall be based on the generally
accepted principles underlying the Torrens system.
18. The registration of a broker engaged in selling
subdivision lots may be revokedwhen
(a) he has made a material false statement in his
application for registration.
(b) he has been guilty of a fraudulent act in the sale of
a subdivision lot.
(c) he has demonstrated his unworthiness as a
broker.
(d) all of the above.
19. The court, in an order dated June 13, 2009, set
the initial hearing of the case on September 25, 2009.
Judgment was for the applicant. OSG contends that
the notice of initial hearing is defective and/or it did
not vest the trial court with jurisdiction over the case.
Is the OSG correct?
(a) Yes for the initial hearing should have been set not
later than September 11, 2009, or 90 days from June
13, 2009.
(b) No since the issuance and publication of the
notice of initial hearing involved a process in which
the applicant has had no participation.
(c) No since the publication of the notice is
jurisdictional.
(d) No since the notice, as published, already gave
sufficient notice to all interested parties of the actual
date of hearing.
20. What acts may be considered sufficient to show
the prior classification of the land as A and D?
(a) Cadastral survey of a municipality preparatory to
the filing of the petition for cadastral proceedings.
(b) Titling of properties around the land subject of
registration.
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
(c) Report and recommendation of the District
Forester for the release of the property from the
unclassified region.
(d) Executive proclamation withdrawing from a
reservation a specific area and declaring the same
open for entry, sale or other mode of disposition.
21. Submerged lands when already reclaimed from
the sea
(a) are deemed alienable and disposable lands.
(b) become alienable and disposable lands upon a
positive act of the government.
(c) become alienable and disposable lands upon a
declaration by the courts to that effect. (d) become
alienable and disposable when no longer needed for
the easement of floatage or coast guard service.
22. To show the identity of the land for purposes of
registration, and in line with prevailing rule,
(a) the submission of the tracing cloth plan is
mandatory.
(b) the survey plan and technical description must be
approved by the LRA.
(c) the submission of a certified copy of the blueprint
or whiteprint plan as approved by the DENR Regional
Executive Director will suffice.
(d) the submission of a certified copy of the blueprint
or whiteprint plan will suffice if the area does not
exceed the Constitutional limit.
23. When is a right to property deemed vested?
(a) When the right to its enjoyment, present or
prospective, has become the property of a particular
person.
(b) When it is no longer subject to question in any
proceeding.
(c) When the property was already released from the
forest zone at the start of possession in the concept of
owner.
(d) When it is fixed by a legislative enactment or
municipal ordinance.
24. Publication of the notice of initial hearing in the
OG ―shall be sufficient to confer jurisdiction upon the
court.‖(Sec. 23, PD 1529) Is there still a need to
publish the notice in a newspaper?
(a) No more since the law expressly provides that
publication in the OG is sufficient.
(b) Yes because practically no one reads the OG
anyway.
Page 50 of 62
LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
(c) No more since it is not fair that the applicant
should be unduly burdened by additional expenses for
publication.
(d) Yes because publication in the newspaper is part
of procedural due process.
25. Amendments to the application for registration
may be allowed. However,
(a) it is not permissible to make amendments after the
registration of the property has been decreed except
upon order of the court.
(b) the amendment is proper only when the inclusion
of additional area is very negligible, or smaller than
the original area.
(c) the amendment must bear the conformity of the
Solicitor General as counsel for the government in all
land registration proceedings.
(d) the amended survey plan must first be approved
by the LRA.
26. In order that additional area may be included in
the original area subject of registration, the applicant
should:
(a) withdraw his original application and file a new one
to include the additional area.
(b) file a separate application for the additional area.
(c) amend his application to include the additional
area subject to the requirements of publication.
(d) file a separate application for the additional area
and move for the consolidation of said application with
the original application for registration.
27. Petitioner bought registered land on July 5, 2009.
When he registered the sale on January 5, 2010, a
writ of attachment was already inscribed on the
vendor‘s title on August 5, 2009. Which of the
following is false?
(a) the levy on attachment lost its efficacy by the
subsequent registration of the prior sale.
(b) the levy subordinated the right of petitioner as
purchaser.
(c) the attachment remained valid until discharged.
(d) the execution sale should be upheld because it
retroacts to the date of levy.
28. Overt acts of possession may consist in
introducing valuable improvements on the property
like fruit-bearing trees. In Republicv. Court of Appeals
and Chavez (GR No. L-62680, Nov. 9, 1988), the
Court held that in a practical and scientific way of
planting,
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
(a) it takes only 5 years for coconut trees and 3 years
for mango trees to begin bearing fruit.
(b) it takes only 10 years for mango trees and 5 years
for coconut trees to begin bearing fruit.
(c) it takes only 3 years for coconut trees and 5 years
for mango trees to begin bearing fruit.
(d) it takes only 10 years for coconut trees and 5
years for mango trees to begin bearing fruit.
29. The capacity to acquire private land is determined
by the capacity
(a) to convert the land to its maximum productivity.
(b) to acquire public land.
(c) to proffer well-nigh incontrovertible proof of
possession since June 12, 1945 or prior thereto.
(d) to show full compliance with the residence and
cultivation requirements by oral and documentary
evidence.
30. In determining the sufficiency of the evidence in a
registration case, the Supreme Court generally may
not re-evaluate the findings of fact of the trial and
appellate courts. The recognized exceptions are:
(a) when the findings of fact are conclusions without
citation of specific evidence on which they are based
(b) when the appellate court, in making its findings,
went beyond the issues in the case.
(c) when the petitioner disputes the jurisdiction of the
trial court.
(d) ―a‖and ―b‖.
31. The Civil Code provides that accretion belongs to
the owners of the land adjoining the banks of the
river. It is however necessary that the accretion
(a) must have taken place for such length of time as
to ipso jure convert the same into private ownership.
(b) is made through the effects of the current of the
water.
(c) is formed by the natural change in the course of
the river.
(d) must have been formed gradually and
imperceptibly for a period of not less than 10 years.
32. The primary purpose of cadastral proceedings is
(a) to determine conflicting claims of ownership in the
area subject of cadastral survey.
(b) to provide a remedy, without any expense, for the
correction of errors in the technical description of
lands already titled so as to conform to the cadastral
survey.
(c) to settle and adjudicate title to lands.
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LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
(d) to determine the priority or relative weight of two or
more certificates of title for the same land.
33. Land subject of registration may be ―dealt with‖
after the filing of the application and before the
issuance of decree. In case of sale, for instance, it is
required that
(a) the buyer is made a party to the case.
(b) the instrument evidencing the transaction is
presented to the court for appropriate consideration.
(c) the application for registration is amended by
substituting the buyer for the applicant.
(d) the buyer shows proof that he is qualified to
register the land in his name.
34. The duty of the LRA Administrator to issue a
decree of registration is ministerial, the reason being
that
(a) his refusal would subject him to contempt of court.
(b) he is an officer, and acts upon order, of the court.
(c) the winning party has an absolute right to the fruits
of the verdict.
(d) the issuance of the decree is an express
component of his official functions.
35. Pedro applied for the registration of land. The
government opposed. Judgment was rendered in
favor of Pedro, which became final. Thereafter, Pedro
sold the land to Jose. Can the government appeal the
judgment?
(a) No because a final judgment can no longer be the
subject of appeal.
(b) No because the government is already concluded
by the judgment, having interposed its opposition to
the application for registration.
(c) Yes because the government is not bound by the
mistakes or errors of its agents.
(d) No because the land is now transferred to a third
person.
36. To avail of a petition for review,
(a) the petitioner must allege facts surrounding the
trial which prevented a fair and just determination of
the case.
(b) the petition must be filed within 60 days from the
finality of the decision of the court.
(c) the petitioner must await the expiration of one year
from the issuance of the decree of registration.
(d) the property has not passed to an innocent
purchaser for value.
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
37. An action for reversion filed by the Solicitor
General is proper where defendant‘s title covers
(a) land consisting of alluvial deposits caused by the
action of the sea.
(b) land which had been previously titled through
cadastral proceedings.
(c) land subject of irregular reconstitution
proceedings.
(d) land forming part of the friar lands estate.
38. Over what cases does HLURB have no
jurisdiction?
(a) Claims for refund by a subdivision buyer.
(b) Determination of the criminal liability of a broker
selling condominium units without a license.
(c) unsound real estate practices.
(d) cases involving specific performance of
contractual obligations filed by subdivision buyers.
39. What is the concept of ownership of ancestral
domains?
(a) They are part of the lands of the public domain
under the concept of jura regalia.
(b) They are the private but community property of
indigenous peoples.
(c) They, and all natural resources therein, belong in
private ownership to indigenous cultural communities
based on native title.
(d) They are owned by the State pursuant to Section
2, Article XII which states that all lands and all other
natural resources are ―owned by the State.‖
40. Recovery from the Assurance Fund is possible
(a) when private defendant is insolvent.
(b) when plaintiff failed in his action for reconveyance.
(c) when plaintiff is deprived of any interest in land on
account of bringing land under the Torrens system.
(d) when the Register of Deeds failed to exercise due
care to forestall fraudulent registration.
41. When a deed of sale presented for registration is
forged,
(a) the registered owner does not lose his title to the
land.
(b) the transferee can recover damages from the
Assurance Fund.
(c) the transferee can ask the true owner to execute a
deed of sale in his favor.
(d) the Register of Deeds should elevate the matter to
the LRA via en consulta.
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LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
42. The burden of proving the status of a purchaser in
good faith is discharged
(a) by one who asserts that status.
(b) by invoking the legal presumption of good faith.
(c) by proof that the vendor is the true owner of the
property sold.
(d) by proof that the property was unencumbered at
the time of the sale.
43. Jose forged the signature of the registered owner,
Pedro, in a deed of sale purportedly made by the
latter in favor of Mario who paid the full purchase
price thereof. Is Mario a buyer in good faith?
(a) No because as a cautious person he should have
first determined in the office of the Register of Deeds
who the true owner of the property is.
(b) No because the forged deed does not convey any
valid title.
(c) Yes because a buyer of registered land need not
go beyond the four corners of the title to determine
any flaw in the title or ownership of his vendor.
(d) Yes because he has paid the full purchase price of
the land.
44. Pedro sold registered land to an alien. The sale
was not registered. Realizing that the sale is
prohibited, Pedro seeks to recover the land from the
alien vendee. Will the action prosper?
(a) Yes because the sale is not yet registered.
(b) No because both Pedro and the alien vendee are
in pari delicto.
(c) No because Pedro is estopped from impugning the
sale.
(d) Yes because the prohibition is designed for the
protection of the Filipino vendor.
45. A homesteader cannot sell the homestead within
5 years from the issuance of the patent. Which of the
following situations is not covered by the prohibition?
(a) Sale made to the homesteader‘s own son or
daughter.
(b) Sale made within the prohibitory period but
conditioned that the sale shall not take effect until
after the expiration of said period.
(c) Sale of a portion of the homestead with the
homesteader keeping a reasonable area for himself
and his family
(d) None of the above.
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
46. Minerals are discovered underneath Pedro‘s titled
property. Who has the right to exploit the minerals?
(a) The government has the absolute right to exploit
the minerals.
(b) Pedro has the right to exploit the minerals
because he is the absolute owner of the land.
(c) Pedro does not have the right to exploit the
minerals because he owns the surface area only.
(d) The government has the right to exploit the
minerals upon prior expropriation of the property.
47. The purpose of a notice of lis pendens is
(a) to fortify the claim of ownership of the party
causing the registration thereof.
(b) to prevent the owner of the property from
alienating it while the case is still pending trial.
(c) to advise third persons who purchase the property
that they do so at their peril.
(d) to put the owner on notice that he holds the
property in trust for the person causing the annotation
of the lis pendens.
48. May an adverse claim of ownership, based on
prescription and adverse possession, be registered
over registered land?
(a) Yes because adverse claim aims to protect the
interest of the person claiming ownership of the land.
(b) No because title to registered land is
imprescriptible.
(c) Yes because the adverse claim serves as a notice
that the adverse claimant has a better right to the land
than the registered owner thereof.
(d) No because prescription for the acquisition of title
is never presumed.
49. If a dealer sells a condominium unit without a
license to sell, what is the consequence?
(a) The sale is null and void.
(b) It does not affect the validity of the contract if the
owner or dealer should thereafter secure a license to
validate the sale.
(c) It subjects the condominium developer and its
officers civilly and criminally liable for the violation.
(d) It allows the vendee to rescind the contract with a
right to damages.
50. Reconstitution denotes reconstruction of a lost or
destroyed original certificate of title. The term ―any
other document‖ as a source of reconstitution may
include
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(a) an order of the court for the issuance of the
decree.
(b) an approved survey plan and technical description
of the land.
(c) a certification by the LRA that a decree of
registration was in fact issued.
(d) none of the above.
51. GanTan lost his title when his house was burned
in 1995. He filed for reconstitution in 2004. The court
denied the petition based on a BID certification
submitted by the OSG that GanTan is an alien. In
case of appeal, how should the case be resolved?
(a) The appeal should be denied because GanTan
being an alien is disqualified from owning land in the
country.
(b) Reconstitution should be ordered because a
Torrens title, as a rule, is irrevocable and indefeasible.
(c) The appeal should be dismissed since petitioner
has lost his right to the land on the ground of laches.
(d) Reconstitution should be ordered because a
Torrens title cannot be collaterally attacked.
52. Under the Indigenous Peoples Rights Act (RA No.
8371), registration under the Torrens system of
individually-owned ancestral land requires
(a) possession for not less than 30 years immediately
prior to the approval of the law on October 29, 1997.
(b) possession since June 12, 1945 or earlier.
(c) possession for not less than ten (10) years in good
faith.
(d) possession for not less than thirty (30) years.
53. OCT No. 38621 was decreed in the name of
―Pedro Valdez, married to Lita Marquez‖. Because of
the loss of the original copy of the title, Pedro
petitioned the court for reconstitution. During the
pendency of the case, Lita died. Assuming that the
petition is substantiated, the court should issue an
order of reconstitution:
(a) in the name of ―Pedro Valdez, widower‖.
(b) in the name of ―Pedro Valdez, married to Lita
Marquez, deceased‖.
(c) in the name of ―Pedro Valdez, married to Lita
Marquez‖.
(d) in the name of ―Pedro Valdez‖.
54. If the Register of Deeds is unsure whether or not
an instrument affecting registered land is registrable,
he should
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
(a) return the document to the registrant for the
reformation of the instrument.
(b) ask the registrant to elevate the matter to the LRA
for the resolution of the issue via en consulta.
(c) himself refer the matter to the LRA for the
determination of the issue.
(d) advise the registrant to file an adverse claim in the
meantime pending further study and determination of
the issue.
55. Every purchaser of registered land –
(a) is charged with notice of all liens whether or not
annotated on the title,
(b) should first investigate to determine the condition
of the property.
(c) may safely rely on the validity of the title.
(d) should cautiously look behind the certificate to
determine the true owner.
56. May a Dutch national validly purchase a
residential unit in a townhouse project constituted
under the Condominium Act?
(a) No because aliens, whether individuals or
corporations, are disqualified from acquiring public
lands, hence, they are also disqualified from acquiring
private lands.
(b) Yes because for as long as 60% of the members
of the condominium corporation are Filipinos, the
remaining members can be foreigners.
(c) Yes because the unit owner is simply a member of
the condominium corporation and the land remains
owned by the condominium corporation.
(d) (b) and (c).
57. If only a portion of the land covered by a
certificate of title is sold by the owner, and the deed is
presented for inscription, the Register of Deeds
(a) shall annotate the deed by way of memorandum
on the grantor‘s certificate of title, original and
duplicate.
(b) shall not enter any transfer certificate to the
grantee until a plan of the land showing all the
portions or lots into which it has been subdivided shall
have been verified and approved.
(c) shall issue a new certificate of title to the grantee
for the portion conveyed and at the same cancel the
grantor‘s certificate partially with respect only to the
portion conveyed.
(d) (a) and (b).
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University of Santo Tomas – Faculty of Civil Law
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
58. Pedro decides to sell his property to Jose only to
discover the loss of his owner's duplicate certificate of
title covering it. What initial recourse should Pedro
take?
(a) Report the fact of loss to the police and then file a
petition for replacement of the lost title before the
court.
(b) Send a notice under oath to the Register of Deeds
of the province or city where the land lies as soon as
the loss is discovered.
(c) Promptly file with the proper court a verified
petition for replacement of the lost title.
(d) Proceed with the documentation of the sale and
then file a petition for replacement of the lost title.
rendered judgment nullifying Pedro‘s title as well as
the mortgage to the bank. The bank now claims that it
is both a mortgagee and buyer in good faith. Is the
bank correct?
59. In 1995, Pedro, a natural born Filipino, bought an
agricultural land from Jose who has been in
possession thereof as owner since 1942. Pedro
migrated to Japan where he acquired Japanese
citizenship. He came back to the Philippines in 2010
and applied for the registration of the land which is
now industrial in character. The government opposed
since Pedro is now an alien. Is the opposition valid?
(a) Yes because aliens are disqualified from acquiring
lands in the Philippines.
(b) Yes because even privately owned unregistered
lands are presumed to be public lands under the
Regalian doctrine.
(c) No because the land at the time of its acquisition
by Pedro is deemed already a private land.
(d) Yes because industrial lands may only be leased
to aliens.
62. The registration of an instrument affecting
registered land
(a) operates as a notice to all persons at the time of
registering.
(b) gives effect to the instrument.
(c) forecloses a judicial declaration of its invalidity.
(d) records an existing title.
60. Who has jurisdiction over cases involving the
cancellation of registered emancipation patents (EPs),
certificates of land ownership award (CLOAs), and
other titles issued under the agrarian reform program?
(a) The Secretary of Agrarian Reform.
(b) The Department of Agrarian Reform Adjudication
Board (DARAB).
(c) The ordinary courts of justice.
(d) The RTC acting as a Special Agrarian Court
(SAC).
64. Mineral resources are owned by
(a) the State, subject to privates rights if any there be.
(b) the owner of the property where they are found.
(c) the State.
(d) the indigenous peoples when they are found within
ancestral domains.
61. To secure a loan, Pedro mortgaged his titled
property to the bank. The mortgage was annotated on
the title. Subsequently, Jose filed suit with the RTC to
quiet title and to nullify Pedro‘s title. A notice of lis
pendens was annotated on Pedro‘s title. For Pedro‘s
failure to pay, the property was sold at auction with
the bank as successful bidder. Meantime, the RTC
Land, Titles and Deeds Reviewer
(a) No because the bank is a transferee pendente lite,
subject to the results of the pending litigation.
(b) No because no valid lien can arise from a void title
as Pedro‘s.
(c) Yes because the notice of lis pendens cannot
affect the mortgage previously registered.
(d) No because Pedro‘s title was declared void, and
the mortgage being but an accessory contract, is also
void.
63. The cancellation of a notice of lis pendens
(a) is contingent on the existence of a final judgment.
(b) is proper where it appears that the case has been
unnecessarily prolonged.
(c) may only be made at the instance of the adverse
party.
(d) may be made motu proprio by the Register of
Deeds if it appears that the notice was filed to molest
the adverse party.
65. Which of the following statements is not correct:
(a) Because the majority of land in the country are
agricultural lands, courts have a right to presume that
lands are agricultural unless shown otherwise.
(b) By reason of the rapid growth of timber or minerals
today, lands classified as agricultural today may be
differently classified tomorrow.
(c) In classifying lands, each case must be classified
upon the proof in a particular case.
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(d) When a tract of land has trees upon it, it is
sufficient to declare the legal classification of the land
as forest land.
66. Private lands taken by the government for public
use through expropriation are
(a) private property.
(b) public lands.
(c) patrimonial property.
(d) part of the public domain.
67. A cadastral proceeding is initiated by the
government. Relevantly,
(a) Lands subject of a cadastral survey are deemed
registrablelands.
(b) Lands cadastrallysurveyed, excluding forests,
water bodies and other natural resources, are
automatically considered A and D lands.
(c) Lands inside a cadastre must be officially declared
A and D to be registrable.
(d) Lands titled through cadastral proceedings cannot
be sold within 5 years from the issuance of the
decree.
68. The date of the initial hearing of a registration
case shall be not earlier than
(a) 60 days from the date of the order.
(b) 90 days from the date of the order.
(c) 120 days from the date of the order.
(d) 45 days from the date of the order.
69. The remedy available to the interested party for
the Register of Deeds‘ denial of his request for the
issuance of a certificate of title pursuant to a court
judgment is:
(a) To cite the RD in contempt.
(b) To file a mandamus petition versus the RD.
(c) To appeal the RD‘s denial to the LRA via consulta.
(d) To file administrative charges against the RD with
the LRA.
70. Can a deed of donation of a parcel of land by a
Filipino citizen to a religious organization whose
trustees are non-Filipinos, be admitted by the RD for
registration?
(a) Yes because to disqualify the corporation would
be a violation of its religious freedom.
(b) No because land tenure is not indispensable to the
free exercise of religion.
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
(c) Yes because the acquisition of the land is strictly
for religious purposes, i.e., upon which to build
churches and charitable institutions.
(d) Yes because the religious organization has no
capital stock, and so the Constitutional inhibition does
not apply.
71. Mangrove swamps are not registrable. They are
under the jurisdiction of the
(a) Bureau of Forest Development.
(b) Bureau of Fisheries and Aquatic Resources.
(c) Department of Environment and Natural
Resources.
(d) Lands Management Bureau.
72. The registration court
(a) must personally hear the parties and receive their
evidence.
(b) may refer the case to the clerk of court for the
reception of evidence.
(c) may refer the case to a referee but the court may
accept or reject his report.
(d) may not refer the case to a referee for hearing
because judicial power is vested in the court itself.
73. Which statement is correct?
(a) Public land is not synonymous with public domain.
(b) Public land includes all lands of government
ownership.
(c) Government land and public land are synonymous
terms.
(d) The government owns real estate which is part of
the public lands and other real estate which is not a
part thereof.
74. Non-publication of the notice of initial hearing in a
newspaper of general circulation
(a) affects the jurisdiction of the court.
(b) does not affect the jurisdiction of the court.
(c) is not consequential since jurisdiction is acquired
by the publication of the notice in the Official Gazette.
(d) does not affect the applicant‘s claim of ownership.
75. An order of general default
(a) may be modified or amended only before the
presentation of evidence by the applicant.(b)
precludes the filing of a motion for reconsideration by
the oppositor who is concluded by the default order.
(c) may be revoked upon motion within 90 days from
the date of the default order.
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(d) does not preclude the party in default from filing a
motion to set aside the default order.
76. Under PD No. 1529, the registration court shall
decide the case within how many days from the date
the case is submitted for resolution?
(a) 90 days.
(b) 120 days.
(c) 1 year.
(d) 30 days.
77. The certification by the LRA that publication,
mailing and posting of the notice of initial hearing
have been complied with
(a) is immaterial to the applicant‘s claim of ownership.
(b) may be considered because of the presumptive
regularity in the performance of official functions.
(c) is subject to contrary proof.
(d) is conclusive as to such fact.
78. Where a tenant farmer appears to have a claim
adverse to the applicant, who among the following
need not be served with the notice of initial hearing?
(a) Director of Fisheries and Aquatic Resources.
(b) Solicitor General.
(c) Secretary of Agrarian Reform.
(d) Mayor of the city or municipality where the land is
situated.
79. An applicant for a homestead or any other mode
of disposition under the Public Land Act
(a) may validly oppose an application for registration
because of his inchoate interest in the land.
(b) has no legal right to oppose the application.
(c) may join cause with the Solicitor General by filing
his opposition himself .
(d) has the right to oppose if he has improvements on
the land.
80. Where public land is titled by final judgment,
(a) the actual occupant is not barred from filing a
petition for relief from judgment.
(b) the Director of Lands may conduct an investigation
to determine whether fraud attended the registration.
(c) the government cannot entertain any
administrative protests against the judgment.
(d) the government may file a petition to reopen the
proceedings for insufficient evidence to prove the
private character of the land.
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
81. Where no person appears or answers within the
time allowed,
(a) the court shall enter an order of special default.
(b) an order of default may likely result in a judgment
favorableto the applicant.
(c) the allegations in the application shall be held as
confessed.
(d) the court may now render judgment either granting
or dismissing the application for registration.
82. Where there is no publication of the notice of
initial hearing,
(a) the proceeding is utterly void.
(b) personal notice to known adjoining owners may be
effected to rectify the omission.
(c) lack of publication may be corrected by publication
of the notice before judgment.
(d) the proceeding is valid if not contested by the
Solicitor General.
83. Which of the following is false?
(a)a judicial foreclosure of mortgage is a quasi in rem
proceeding
(b) An action to recover a parcel of land is a real
action and, hence, an action in rem.
(c) Suits to quiet title are not technically suits in
rembut are characterized as quasi in rem.
(d) An action to recover a parcel of land is an action in
personam.
84. Lands invaded by the sea
(a) belong to the affected municipality as municipal
waters.
(b) belong the State as maritime waters.
(c) belong to the State as part of the public domain.
(d) may be reclaimed by the affected private property
owner.
85. The Land Registration Authority (LRA), which is
the central repository of records relative to registered
lands, is under what office?
(a) Department of Agrarian Reform.
(b) Department of Justice.
(c) Office of the President.
(d) Department of Environment and Natural
Resources.
86. To be valid and effective, a notice of lis pendens
must be
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(a)filed simultaneously with the filing of the action
subject of the notice
(b)annotated on both the duplicate certificate of title
on file with the Register of Deeds and in the
possession of the registered owner.
(c)approved by the court in the pending case.
(d)annotated on the original duplicate certificate of
title on file with the Register of Deeds.
87. To identify and segregate a portion of the public
domain for the establishment of court houses in the
country –
(a) The Supreme Court must issue a Resolution en
banc for the purpose.
(b) The issuance by the DENR of an Administrative
Order is sufficient.
(c) The reservation must be established by a
Presidential Proclamation.
(d) There must be a resolution by joint houses of
Congress.
88. Land reclaimed by the government may be sold
by the government to private parties only
(a) when it is not needed for public service.
(b) pursuant to a legislative act.
(c) pursuant to a Presidential proclamation.
(d) when no longer needed for coast guard service.
89. The registration of an instrument affecting
registered land
(a) operates as a notice to all persons at the time of
registering.
(b) gives effect to the instrument.
(c) forecloses any judicial declaration of its invalidity.
(d) puts in issue an instrument previously registered.
90. Which of the following allegations cannot be a
ground for the amendment or correction of a
certificate of title?
(a) that the registered owner has married.
(b) that new interests not appearing on the certificate
have arisen.
(c) that the corporation which is the registered owner
of the land has been dissolved.
(d) that the area should be corrected to conform to the
new survey tending to show that the evidence
introduced at the former hearing was inaccurate.
91. A Torrens certificate of title
(a) protects the true owner from the usurper.
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
(b) permits one to defeat the claim of another.
(c) is an effective tool against the commission of
fraud.
(d) records an existing title.
92. An action for reconveyance
(a) seeks to reopen the registration proceedings.
(b) respects the decree as incontrovertible and no
longer open to review.
(c) seeks to nullify defendant‘s title to pave the
issuance of a new title to the rightful owner.
(d) confirms plaintiff‘s ownership over the property.
93. Under the Administrative Code, the Solicitor
General shall ―represent the government in all land
registration and related proceedings.‖ This means
that:
(a) the SG may deputize any government prosecutor
to assist him in the case.
(b) notice of court processes, orders and decisions
received by the prosecutor is notice to the Solicitor
General.
(c) the prosecutor may himself withdraw the
government‘s appeal if he finds the same to be
without any factual or legal basis.
(d) the prosecutor may enter into a stipulation of facts
or compromise with the applicant.
94. The period of prescription in an action for
reconveyance is counted from the
(a) date of the issuance of the title.
(b) date of the promulgation of the judgment.
(c) discovery of the fraud.
(d) date of issuance of the decree of registration.
95. An action for reversion by the State is proper
when defendant‘s title covers
(a) land consisting of alluvial deposits caused by the
action of the sea.
(b) land previously titled through cadastral
proceedings.
(c) land within a reservation for public use.
(d) (a) and (c).
96. An adverse claim may be recorded in which of the
following instances?
(a) lease over land which could not be registered
because the owner‘s duplicate title was not
surrendered.
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(b) existing claims on the land prior to the issuance of
the certificate of title.
(c) hereditary rights of a person in the land registered
in her sister‘s name.
(d) (a) and (c).
97. Opposition to an application for registration must
be based on real right or dominion to property. This
means that –
(a) the oppositor must be able to show title to the
property.
(b) the oppositor must have the legal character
necessary to maintain a registration proceeding in his
own name.
(c) it is enough that the oppositor should appear to
have an interest in the property.
(d) all of the above.
98. Under the Water Code, waters found on private
lands belong the State. Which of the following is
excluded?
(a) continuous or intermittent waters rising on such
lands.
(b) lakes and lagoon naturally occurring on such
lands.
(c) rain water falling on such lands.
(d) none of the above.
99. Pedro files an application for registration.
However, the land applied for had been previously
registered in the name of Jose. What should Jose do?
(a) Jose should file an opposition and present his title
during the hearing.
(b) Jose should file an opposition alleging that Pedro‘s
application constitutes a collateral attack on his title.
(c) Jose should file a motion to dismiss based on res
judicata.
(d) Jose should file a suit for damages against Pedro
for fraudulently seeking to register land which, he
should know, is already titled to another.
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
(a) The issuance of a reconstituted title does not
determine the issue of ownership.
(b) The LRA can motu proprio revoke the
reconstituted title if the lost or destroyed title is
subsequently found.
(c) The issuance by the LRA of a reconstituted title is
an administrative function.
(d) The doctrine of res judicata applies to judicial
reconstitution.
102. Section 14(1) of PD No. 1529 requires
possession and occupation of the land applied for
since June 12, 1945. Which of the following
propositions is false?
(a) Occupation is broader than possession because it
includes the latter.
(b) Occupation delimits the effect of constructive
possession.
(c) Possession means acts of dominion which a party
would naturally exercise over his own property.
(d) Occupation serves to highlight that possession
must not be a mere fiction.
103. An adverse claim is effective for 30 days. To
render the adverse claim functus officio,
(a) the interested party should formally request the
Register of Deeds to cancel the same upon the
expiration of the 30-day period.
(b) no action is necessary since the adverse claim
automatically lapses upon the expiration of the 30-day
period.
(c) the interested party should file a petition in court
for the cancellation of the adverse claim.
(d) it is necessary to await the final outcome of the
case.
100. The presumption in Article 160 of the Civil Code
that all property of the marriage belongs to the
conjugal partnership applies when
(a) the ―spouses‖ are legally married.
(b) the title is in the name of both husband and wife.
(c) the spouses are living together.
(d) the property was acquired during the marriage.
104. Can an adverse claim of ownership over
registered land, based on acquisitive prescription, be
registered?
(a) Yes because adverse claim aims to protect the
interest of the person claiming ownership thereof.
(b) No because title to registered land is
imprescriptible.
(c) Yes because adverse claim is a notice that the
adverse claimant has a better right to the land than
the registered owner thereof.
(d) No because acquisitive prescription of title to land
can never be presumed.
101. In reconstitution proceedings, which of the
following propositions is wrong:
105. An action for reconveyance based on a void
deed of sale for lack of consent
Land, Titles and Deeds Reviewer
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(a) prescribes in 10 years.
(b) prescribes in 4 years
(c) is imprescriptible
(d) prescribes in 6 years.
106. A corporation sole may purchase and hold real
estate because (a) the properties acquired by the corporation pass
upon the death of the administrator to his heirs who
are Filipino citizens.
(b) ownership of said properties fall upon the church
or congregation and not upon the incumbent
administrator.
(c) the corporation exercises ownership independently
of the nationality of its incumbent administrator.
(d) (b) and (c).
107. What is the concept of ownership of ancestral
domains?
(a) Ancestral domains are part of the lands of the
public domain under the concept of jura regalia.
(b) Ancestral domains are the private but community
property of indigenous peoples.
(c) Ancestral domains and all natural resources
therein belong to indigenous cultural communities
based on native title.
(d) (a) and (b).
108. Land already decreed in an ordinary registration
case cannot again be the subject of a subsequent
cadastral proceeding because
(a) once land is judicially decreed, the judgment is res
judicata.
(b) the registration in the name of the first owner is
constructive notice to the whole world.
(c) to declare the later title valid as against the first
would undermine the efficacy of Torrens system.
(d) all of the above.
109. To avail of a petition for review,
(a) the petitioner must allege facts surrounding the
trial which prevented a fair determination of the case.
(b) the petition must be filed within sixty (60) days
from the finality of the decision of the registration
court.
(c) the petitioner must await the expiration of one year
from the issuance of the decree of registration.
(d) the property has not passed to an innocent
purchaser for value.
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
110. Pedro files a petition for administrative
reconstitution of title, but it appears that the land is
already titled in the name of Lim. Lim is a Chinese.
What are the options open to the LRA?
(a) The LRA should order outright the cancellation of
Lim‘s title and proceed to act on Pedro‘s petition for
reconstitution.
(b) The LRA should dismiss Pedro‘s petition pending
the filing by the OSG or the competing claimant of an
action before the RTC for the cancellation of Lim‘s
title.
(c) The LRA should elevate the matter to the
Secretary of Justice for advisory opinion.
(d) The LRA should defer action on Pedro‘s petition
pending the results of the action to determine the
validity of Lim‘s title
111. Who is the proper party to file an action for
annulment or amendment of the title where it appears
that the Assurance Fund may be held liable for
damages due to the unlawful or erroneous issuance
thereof?
(a) the Solicitor General
(b) the LRA Administrator
(c) the LMB Director
(d) the Register of Deeds
112. The rule that a forged deed may become the root
of a valid title
(a) does not apply where the owner still holds a valid
title over the land.
(b) applies even where the owner no longer holds a
valid title to the land.
(c) applies where the forger obtains a title to the land
and thereafter sells it to another.
(d) (a) and (c).
113. The Assurance Fund is not liable for loss or
damage caused by which of the following?
(a) Breach of trust, express or implied.
(b) Mistake in the resurvey of registered land causing
expansion of the area.
(c) Error in the subdivision of the land resulting in the
increase in area.
(d) all of the above.
114. No salesman shall engage is selling subdivision
lots unless registered with HLURB. His registration
shall cease when
(a) he has made a false statement in his application
for registration.
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LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
(b) he has demonstrated his unworthiness to transact
business as such.
(c) he has violated any provision in his certificate of
registration.
(d) his employment with a dealer or broker has
terminated.
115. Pedro, a lot buyer, filed a complaint against Asia
Development Corporation (ADC) for mortgaging
subdivision lots (including his) without being first
informed of such fact. Which of the following defenses
of ADC is valid?
(a) that the loan to ADC was granted when the
mortgaged property was not yet subdivided.
(b) that the mortgage was constituted prior to the
actual sale of the lot to Pedro.
(c) that the knowledge or consent of the lot buyer to
the mortgage is not required.
(d) none of the above.
116. A notice of lis pendens
(a) binds a bona fide purchaser of the property in
dispute.
(c) creates a right or lien that previously did not exist.
(c) binds a purchaser, whether bona fide or not, of the
disputed property.
(d) is part of the doctrine of notice.
117. An action for reconveyance of land valued at
P15,000 should be filed with what court?
(a) the second level court of the province where the
land lies.
(b) the second level court or first level court of the
place where defendant resides.
(c) the first level court of the municipality where the
land lies.
(d) the second level court of the place where plaintiff
resides.
118. Where the object of the plaintiff is to recover
possession of real property as owner, the proper
action is:
(a) forcible entry and detainer.
(b) accion reivindicatoria.
(c) accion publiciana.
(d) declaratory relief.
119. An action to quiet title to property in the
possession of the plaintiff is imprescriptible, the
reason being that:
Land, Titles and Deeds Reviewer
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
(a) he has a continuing right to the aid of a court of
equity to remove a cloud on his title.
(b) he may wait until his title is attacked before taking
steps to vindicate his right.
(c) possession is a continuing right as is the right to
defend such possession.
(d) all of the above.
120. A certificate of title based upon a public land
patent becomes indefeasible within what period?
(a) 5 years after the issuance of the patent.
(b) 1 year from the issuance of the patent.
(c) 1 year from the date of the order of award.
(d) 5 years from the approval of the application.
121. What is the consequence of non-payment by the
lot buyer of installments due for failure of the
owner/developer to finish the project within the time
agreed upon?
(a) Installments paid shall be forfeited in favor of the
owner/developer.
(b) The buyer may ask for the reimbursement of all
amounts paid, but without interest.
(c) The owner/developer could rescind the contract.
(d) The buyer may suspend further payments until the
owner/development had fulfilled its obligations.
122. A proceeding for the issuance of a writ of
possession is a mere incident in the transfer of title,
hence, it is impractical to award possession to a
purchaser of property with knowledge of the existence
of a third-party claim before said claim has been
decided. Which of the following does not accord with
this principle?
(a) The court may not grant the writ where title is in
doubt.
(b) The prudent course of action is to hold in
abeyance proceedings for the issuance of the writ.
(c) The true owner must resort to judicial process for
the recovery of the property.
(d) The interested party should resort to mandamus
since issuance of the writ is ministerial.
123. An action for reconveyance based on an implied
or constructive trust prescribes in how many years
from the issuance of the title over the property?
(a) 4 years.
(b) imprescriptible.
(c) 10 years.
(d) 6 years.
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LAND, TITLES, AND DEEDS REVIEWER
University of Santo Tomas – Faculty of Civil Law
124. The State may prosecute for perjury the party
who obtains registration through fraud, such as by
stating false assertions in the sworn application of
applicants? Thus premised, which of the following is
false?
(a) A judgment on the guilt of the accused would not
undermine the indefeasibility of Torrens titles.
(b)To give immunity from prosecution to those
successful in deceiving the registration court would be
putting a premium on perjury.
(c) The prosecution for perjury would amount to an
attack on the validity of the titles which are presumed
valid.
(d) Any judgment rendered in the criminal case would
leave the titles undisturbed.
Justice Oswaldo Agcaoili
Professor – 2C (2017-2018)
129. The original certificate of title is issued on the
date
(a) the decree of registration is issued by the LRA.
(b) the title is given the corresponding number by the
Register of Deeds.
(c) the original and duplicate copies are received by
the Register of Deeds from the LRA.
(d) the decree of registration is transcribed.
-----FIN------
125. Laches is the failure or neglect to assert a right
within reasonable time. Which is not correct in the
following statements?
(a) Laches is concerned with the fact of delay.
(b) Laches applies in equity.
(c) Laches is concerned with the effect of delay.
(d) Laches is not based on a fixed time.
126. The writ of possession may not be issued in
which of the following?
(a)in a land registration proceeding.
(b)in a petition for reconstitution.
(b) in an extrajudicial foreclosure of a realty mortgage.
(c)in a judicial foreclosure of mortgage.
127. What options are open to the mortgagee in case
the mortgagor dies?
(a) waive the mortgage and claim the entire debt from
the estate of the mortgagor as an ordinary claim.
(b) foreclose the mortgage judicially and prove any
deficiency as an ordinary claim.
(c)Rely on the mortgage exclusively, foreclosing the
same at any time before it is barred by prescription,
without right to file a claim for any deficiency.
(d) all of the above.
128. Within what period may a judgment in a land
registration case be enforced?
(a) Upon motion within 5 years from the date of entry.
(b) No further proceeding to enforce the judgment is
necessary.
(c) Upon motion within 10 years from the date of
entry.
(d) Upon motion after finality of judgment praying that
LRA be directed to issue the decree of registration.
Land, Titles and Deeds Reviewer
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