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464494824 Land Titles pdf
Juris Doctor (Universidad de Manila)
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LAND TITLES AND DEEDS
CIVIL LAW
CIVIL LAW
LAND TITLES
AND DEEDS
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LAND TITLES AND DEEDS
CIVIL LAW
I. Torrens System
Estate – An estate, strictly speaking,
represents the nature, extent, degree, and
quantity of a person’s interest in land.
LAND TITLE – It is the evidence of the right
of the owner or the extent of his interest, by
which he can maintain control, and as a rule,
assert right to exclusive possession and
enjoyment of the property. [Pena, Registration
of Land Titles and Deeds, p. 3]
TYPES OF ESTATE:
Title
and
Certificate
Distinguished
Title
of
(1) Freehold Estate – Indicates title of
ownership
(a) Fee Simple – An absolute title in
perpetuity; Title to land is conferred
upon a man and his heirs absolutely
and without any limitation imposed
upon the estate
Title
(b) Fee Tail – One designed to pass title
from grantee to his heirs, in the intent
of the grantor being to keep the
property in the grantee’s line of issue
Certificate of Title
Definition
Lawful cause or
It is a mere evidence
ground of possessing of ownership; it is not
that which is ours.
the title to the land
itself.1
That which
constitutes a just
cause of exclusive
possession, or which
is the foundation of
ownership of
property.
(c) Life Estate – One held for the
duration of the life of the grantee; In
some cases, it may terminate earlier
as by forfeiture
Estate
–
(2) Less-than-Freehold
Signifies some sort of right short of title
(a) Estate for Years – In the nature of
a lease; grantee or lessee takes over
possession of the land for a period
agreed upon but the grantor retains
the legal title to the property
(b) Tenancy from period to period –
Also in the nature of a lease which
may run from month to month or
from year to year, with the peculiarity
of automatic renewal from time to
time, unless expressly terminated by
either party
The title is a conclusive evidence of ownership
and it cannot be attacked collaterally.
DEED – A written instrument executed in
accordance with law, wherein a person grants
or conveys to another certain land, tenements
or hereditaments.
(c) Tenancy at will – Another form of
lease agreement where a person is
permitted to occupy the land of
another without any stipulation as to
period, but either party reserves the
right to terminate the occupation at
will or at any time
ELEMENTS OF A DEED:
(a) Grantor
(b) Grantee
(c) Words of Grant
(d) Description of the property involved
(e) Signature of the grantor
(f) At least two (2) witnesses
(g) Notarial acknowledgment
1
LAND REGISTRATION – A judicial or
administrative proceeding whereby a
person’s claim of ownership over a particular
land is determined and confirmed or
recognized so that such land and the
ownership thereof may be recorded in a
public registry.
Castillo v. Escutin
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LAND TITLES AND DEEDS
Nature of Land Registration – Judicial
proceedings for the registration of lands
throughout the Philippines shall be in rem
and shall be based on the generally accepted
principles underlying the Torrens system [Sec.
2, par. 1, PD 1529]
(3) As held in Legarda v. Saleeby [31 Phil. 590
(1915)]
(a) To quiet title to the land and to stop
forever any question as to the legality
of said title
(b) To relieve the land of unknown claims
It is therefore binding on the whole world
because “by the description in the notice (of
initial hearing of the application for
registration) “To Whom It May Concern,” all
the world are made parties defendant.”
[Aquino, Land Registration and Related
Proceedings, p. 3, citing Esconde v. Borlongay,
152 SCRA 603, 1987]
LAWS
IMPLEMENTING
REGISTRATION
(1)
(c) To guarantee the integrity of land
titles
and
to
protect
their
indefeasibility once the claim of
ownership
is
established
and
recognized
(d) To give every registered
complete peace of mind
(f) To avoid conflicts of title in and to
real estate and to facilitate
transactions
Public Land Act [CA 141, as amended]
(2) Property Registration Decree [PD 1529,
as amended]
(4) Indigenous Peoples Rights Act of 1997
[RA 8371]
(5) Emancipation
amended]
Decree
[PD
27,
(4) As held in Capitol Subdivisions, Inc. v.
Province of Negros Occidental [7 SCRA 60
(1963)]
(a) To avoid possible conflicts of title in
and to real property, and
as
(b) To facilitate transactions relative
thereto by giving the public the right
to rely upon the face of the Torrens
certificate of title and to dispense
with the need of inquiring further
(6) Comprehensive Agrarian Reform Law of
1988 [RA 6657, as amended]
To simplify and streamline land registration
proceedings, Presidential Decree No. 1529
was issued on June 11, 1978, otherwise known
as the Property Registration Decree,
governing registration of lands under the
Torrens system as well as the recording of
transactions relating to unregistered lands,
including chattel mortgages. This Decree
consolidates, in effect, all pre-existing laws
on
property
registration
with
such
appropriate modifications as are called for by
existing circumstances. [Pena, p. 9]
Object of Registration – Only real
property or real rights may be the object of
registration under the existing land
registration laws.
CLASSIFICATION OF LANDS:
(1) Private or public
(2) Alienable or inalienable
(3) Registered or unregistered
(4) Registrable or Non-registrable
PURPOSES OF LAND REGISTRATION
owner
(e) To issue a certificate of title to the
owner which shall be the best
evidence of his ownership of the land
LAND
(3) Cadastral Act [Act 2259, as amended]
CIVIL LAW
(1) Constructive notice to the whole world.
[Sec. 52, PD 1529]
(2) To notify and protect the interests of
strangers to a given transaction, who may
be ignorant thereof [Sapto, et al. v.
Fabiana, 103 Phil. 683, 1958]
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Registrable lands are:
(1) Alienable public agricultural lands,
•
If the land is in the public domain, the
land must be classified as alienable
and disposable. It must be classified
as such at the time of filing the
application for registration. [Republic
v. CA and Naguit, 2005]
(2) Private lands
CIVIL LAW
universal guaranty. This certificate of title
should better be known as certificate of title
and encumberances. In the words of Torrens
himself the main object is “to simplify,
quicken, and cheapen the transfer of real
estate and to render title safe and
indefeasible.” [The Philippine Torrens System
by Florencio Ponce 1964]
ADVANTAGES
Non-registrable lands - those found in
the Civil Code dealing with non-registrable
properties (e.g. property of public dominion)
(1) Secures title
(2) Protection against fraud
(3) Simplified dealings
Torrens System - A system for registration
of land under which, upon landowner’s
application, the court may, after appropriate
proceedings, direct the issuance of a
certificate of title. [Black’s Law Dictionary];
those systems of registration of transactions
with interest in land whose declared object is,
under governmental authority, to establish
and certify to the ownership of an absolute
and indefeasible title to realty, and to simplify
its transfer. [Grey Alba v De la Cruz, G.R. No.
L-5246 (1910)]
The boldest effort to grapple with the
problem of simplification of title to land was
made by Mr. (afterwards Sir Robert) Torrens,
a layman, in South Australia in 1857. . . . In
the Torrens system title by registration takes
the place of "title by deeds" of the system
under the "general" law. A sale of land, for
example, is effected by a registered transfer,
upon which a certificate of title is issued. The
certificate is guaranteed by statute, and, with
certain exceptions, constitutes indefeasible
title to the land mentioned therein. The
object of the Torrens system, then, is to do
away with the delay, uncertainty, and
expense of the old conveyancing system.
The Torrens system was introduced in the
Philippines by Act No. 496, which took effect
on Jan. 1, 1903. This was later amended and
superseded by PD 1529 which took effect on
June 11, 1978.
(4) Restoration of the estates to its just value,
whose depreciation is caused by some
blur, technical defect
(5) Barred the recurrence of faults in the title
[Legarda v. Saleeby]
Nature: Judicial in nature.
Purpose: The real purpose of the Torrens
system 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 may
arise subsequent thereto. [AGCAOILI at 9]
ADMINISTRATION
SYSTEM
OF
THE
TORRENS
Administration of the Torrens System
(1) Land Registration Authority
• The agency charged with the efficient
execution of the laws relative to the
registration of lands
• Under the executive supervision of the
DOJ
• Consists of an Administrator assisted
by 2 Deputy Administrators
(2) Register of Deeds
The underlying principle of the Torrens
system is security with facility in dealing with
land. This is made possible by defining the
absolute status of a given property in a
certificate of title with a governmental and
• Constitutes a public repository of
records of instruments affecting
registered or unregistered lands and
chattel mortgages in the province or
city wherein such office is situated
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LAND TITLES AND DEEDS
• Headed by the Register of Deeds,
assisted by a Deputy
CERTIFICATE OF TITLE
The Torrens Title – Certificate of
ownership issued by the Register of Deeds
naming and declaring the owner of the real
property described therein free from all liens
and encumbrances, except such as may be
expressly noted thereon or otherwise
reserved by law
(1)
Original Certificate of Title (OCT)
– It is the first certificate of title issued in
the name of the registered owner by the
Register of Deeds covering a parcel of
land which had been registered under
the Torrens System, by virtue of judicial
or administrative proceedings
(2) Transfer Certificate of Title (TCT)
– The subsequent certificate of title
pursuant to any deed of transfer or
conveyance to another person. The
Register of Deeds shall make a new
certificate of title and give the registrant
an owner’s duplicate certificate. The
previous certificate shall be stamped
“cancelled.”
CIVIL LAW
all courts of the Philippines, and shall be
conclusive as to all matters contained therein,
principally the identity of the owner of the
covered land thereby and identity of the land.
A Torrens title, once registered, cannot be
defeated, even by adverse, open and
notorious possession. A registered title under
the Torrens system cannot be defeated by
prescription. The title, once registered, is
notice to the whole world. All persons must
take notice. No one can plead ignorance of
the registration. [Egao v. CA, 1989]
EFFECT OF REGISTRATION UNDER THE
TORRENS SYSTEM
(1) Land is placed under the operation of the
Torrens system
(2) Claims and liens of whatever character
existing against the land prior to the
issuance of the certificate of title are cut
off by such certificate and the certificate
so issued binds the whole world,
including the government
(3) Patents – Whenever public land is by
the Government alienated, granted or
conveyed to any person, the same shall
be brought forthwith under the
operation of this Decree [PD 1529, Sec.
103, par. 1]
(a) Patents only involve public lands
which are alienated by the
Government pursuant to the Public
Land Act (CA 141, as amended]
(b) The patent (even if denominated as
deed of conveyance) is not really a
conveyance but a contract between
the grantee and the Government
and evidence of authority to the
Register of Deeds to make
registration.
(c) The act of registration is the
operative act to affect and convey
the land.
Probative Value: A Torrens Certificate of
Title is valid and enforceable against the
whole world. It may be received in evidence in
(a) It is an elemental rule that a decree of
registration bars all claims and rights
which arose or may have existed prior
to the decree of registration. By the
issuance of the decree, the land is
bound and title thereto quieted,
subject only to certain exceptions
under the property registration
decree. [Heirs of Alejandra Delfin,
namely, Leopoldo Delfin, et al. v.
Avelina Rabadon, G.R. No. 165014,
July 31, 2013]
(b) Exceptions:
(i) Those claims
certificate
noted
on
the
(ii) Liens, claims, or rights arising or
existing under the laws and the
Constitution, which are not by law
required to appear on record in
the Register in order to be valid
(iii) Unpaid real estate taxes levied
and assessed within 2 years
immediately
preceding
the
acquisition of any right over the
land by an innocent purchaser for
value
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(3) Title to the
prescriptible
LAND TITLES AND DEEDS
land
becomes
non-
CIVIL LAW
Exceptions:
(1) The grantor,
(a) Even
adverse,
notorious,
and
continuous possession under claim of
ownership for the period fixed by law
is ineffective against a Torrens title
[JM Tuason and Co. Inc. v. CA, 1979]
(b) The fact that the title to the land was
lost does not mean that the land
ceased to be registered land before
the reconstitution of its title. It cannot
perforce be acquired by prescription.
[Ruiz v. CA, 1977]
(4) Land becomes incontrovertible and
indefeasible. A decree of registration and
registered title cannot be impugned,
enlarged,
altered,
modified,
or
diminished either in collateral or direct
proceeding after the lapse of the 1-year
period prescribed by the law.
(a) Exceptions:
(i) If previous valid title of the same
land exists
(ii) When the land covered is not
capable of registration
(iii) When acquisition of certificate is
attended by fraud
(5) Torrens certificate is presumed valid and
devoid of flaws.
Note: Registration is not equivalent to legal
title
• Under the Torrens system, registration
only gives validity to the transaction or
creates a lien upon the land. It merely
confirms, but does not confer, ownership
[Lu v. Manipon, GR No. 147072, 2002]
EFFECT OF NON-REGISTRATION
If a purchaser, mortgagee or grantee should
fail to register his deed the conveyance, in
light of our existing registration laws, shall
not be valid against any person unless
registered.
(2) His heirs and devisees, and
(3) Third persons having actual notice or
knowledge thereof.
It is a settled rule that lands under a Torrens
title cannot be acquired by prescription or
adverse possession. Section 47 of P.D. No.
1529, the Property Registration Decree,
expressly provides that no title to registered
land in derogation of the title of the
registered owner shall be acquired by
prescription or adverse possession. [Dream
Village Neighborhood Association, Inc.,
represented by its Incumbent President Greg
Seriego v. Bases Conversion Development
Authority, G.R. No.192896, July 24, 2013.]
DEALINGS IN LAND BEFORE ISSUANCE OF
DECREE: With the filing of an application for
registration, the land described therein does
not cease to become open to any lawful
transaction. If the transaction takes place
before the issuance of the decree of
registration, Section 22 of PD 1529 provides
that the instrument is to be presented to the
RTC, together with a motion praying that the
same be considered in relation with the
pending application.
However, if the motion is filed after the
decision of adjudication has become final but
before the issuance of the decree by the
Administrator of Land Registration Authority,
the court shall require the interested party to
pay the fees prescribed as if such instrument
had been presented for registration in the
office of the Register of Deeds. [Pena, p. 7273]
LACHES, WHEN APPLICABLE: Laches sets in
if it would take 18 years for a person to file an
action to annul the land registration
proceedings, especially so if the registrant
has already subdivided the land and sold the
same to innocent third parties. A party’s long
inaction or passivity in asserting his rights
over disputed property precludes him from
recovering the same. [Heirs of Teodoro dela
Cruz vs. CA, 298 SCRA 172; Aurora Ignacio v.
Valeriano Basilio, et al., G.R. No. 122824, Sept.
26, 2001]
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CIVIL LAW
lagoons.
II. The Regalian
Doctrine
A western legal concept that was first
introduced by the Spaniards into the country
through the laws of the Indies and the Royal
Cedulas whereby the Philippines passed to
Spain by virtue of “discovery” and conquest.
Consequently, all lands became the exclusive
patrimony and dominion of the Spanish
Crown. [Agcaoili]
The President may enter into agreements
with foreign-owned corporations involving
either technical or financial assistance for
large-scale exploration, development, and
utilization of minerals, petroleum, and other
mineral oils according to the general terms
and conditions provided by law, based on real
contributions to the economic growth and
general welfare of the country. In such
agreements, the State shall promote the
development and use of local scientific and
technical resources.
Sec. 2, Art.
Constitution
The President shall notify the Congress of
every contract entered into in accordance
with this provision, within thirty days from its
execution.
XII
of
the
1987
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. The exploration, development, and
utilization of natural resources shall be under
the full control and supervision of the State.
The State may directly undertake such
activities, or it may enter into co-production,
joint
venture,
or
production-sharing
agreements with Filipino citizens, or
corporations or associations at least 60 per
centum of whose capital is owned by such
citizens. Such agreements may be for a
period not exceeding twenty-five years,
renewable for not more than twenty-five
years, and under such terms and conditions
as may be provided by law. In cases of water
rights for irrigation, water supply, fisheries, or
industrial uses other than the development of
waterpower, beneficial use may be the
measure and limit of the grant.
The State shall protect the nation’s marine
wealth in its archipelagic waters, territorial
sea, and exclusive economic zone, and
reserve its use and enjoyment exclusively to
Filipino citizens.
The Congress may, by law, allow small-scale
utilization of natural resources by Filipino
citizens, as well as cooperative fish farming,
with priority to subsistence fishermen and
fish workers in rivers, lakes, bays, and
The principle of State ownership of lands and
all other natural resources had its roots in the
1935 Constitution, which expressed the
overwhelming sentiment in the Convention in
favor of the principle of State ownership of
natural resources and the adoption of the
Regalian doctrine as articulated in Sec. 1, Art
XIII.
The 1973 Constitution reiterated the Regalian
Doctrine in Sec. 8, Art. XIV.
The present Constitution provides that,
except for agricultural lands of the public
domain which alone may be alienated, forest
or timber, and mineral lands, as well as all
other natural resources must remain with the
State, the exploration, development, and
utilization of which shall be subject to its full
control and supervision albeit allowing it to
enter into co-production, joint venture, or
production-sharing agreements, or into
agreements with foreign-owned corporations
involving technical or financial assistance for
large-scale exploration, development, and
utilization. [Secs. 2 and 3, Art. XII; La BugalB’laan Tribal Association, Inc. v. Ramos]
The Regalian Doctrine is enshrined in the
1987 Constitution [Art 12, Sec 2 & 3] which
states that all lands of public domain belong
to the State, thus private title to land must be
traced to some grant, express or implied,
from the State, i.e. The Spanish Crown or its
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successors,
the
American
Colonial
government and thereafter the Philippine
Republic
It does not negate native title to lands held in
private ownership since time immemorial.
[Cruz v. Sec. of Environment and Natural
Resources]
Native title recognizes ownership of land by
Filipinos independent of any grant from the
Spanish crown on the basis of possession
since time immemorial [cf: Cariño v. Insular
Government] Lands embraced by native title
are presumed to have been held prior to the
Spanish conquest and never to have been
public land.
A. EFFECTS
(1) All lands of public domain belong to the
State, and that the State is the source of
any asserted right to ownership in land
and charged with the conservation of
such patrimony [Republic v. IAC, GR No.
71285]
(2) Under the 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 which is
the source of any asserted right to
ownership of land. [Repubic v Remnan
Enterprises, Inc. G.R. No. 199310]
(3) The burden of proof in overcoming the
presumption of State ownership of the
lands of the public domain is on the
person applying for registration (or
claiming ownership), who must prove
that the land subject of the application is
alienable or disposable. To overcome this
presumption, incontrovertible evidence
must be established that the land subject
of application (or claim) is alienable or
disposable. [Valiao v Republic, G.R. No.
170757]
CIVIL LAW
B. CONCEPT OF NATIVE TITLE, TIME
IMMEMORIAL POSSESSION
A recognized exception to the theory of jura
regalia, the ruling in Cariño v. Insular
Government, institutionalized the recognition
of the existence of native title to land, or
ownership of land by Filipinos by virtue of
possession under a claim of ownership since
time immemorial and independent of any
grant from the Spanish Crown [Agcaoili]
Lands under native title are not part of public
domain, “lands possessed by an occupant
and his predecessors since time immemorial,
such
possession
would
justify
the
presumption that the land had never been
part of the public domain or that it had been
private property even before the Spanish
conquest [Republic v. CA, GR No. 130174]
CERTIFICATE OF ANCESTRAL DOMAIN
TITLE: A formal recognition, when solicited
by Indigenous Cultural Communities/
Indigenous People (ICCs/IPs) concerned,
shall be embodied in a Certificate of
Ancestral Domain Title (CADT), which shall
recognize the title of the concerned ICCs/IPs
over the territories identified and delineated
[Sec. 11, IPRA]
Ancestral Domains refer to all areas generally
belonging to ICCs/IPs comprising lands,
inland waters, coastal areas, and natural
resources therein, held under a claim of
ownership, occupied or possessed by
ICCs/IPs, by themselves or through their
ancestors, communally or individually since
time immemorial, continuously to the present
except when interrupted by war, force
majeure or displacement by force, deceit,
stealth or as a consequence of government
projects or any other voluntary dealings
entered into by government and private
individuals/corporations, and which are
necessary to ensure their economic, social
and cultural welfare.
It shall include ancestral lands, forests,
pasture, residential, agricultural, and other
lands individually owned whether alienable
and disposable or otherwise, hunting
grounds, burial grounds, worship areas,
bodies of water, mineral and other natural
resources, and lands which may no longer be
exclusively occupied by ICCs/IPs but from
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which they traditionally had access to for
their subsistence and traditional activities,
particularly the home ranges of ICCs/IPs who
are still nomadic and/or shifting cultivators
Certificate of Ancestral Domain Title (CADT)
refers to a title formally recognizing the rights
of possession and ownership of ICCs/IPs over
their ancestral domains identified and
delineated in accordance with this law [Sec.
3(c), IPRA]
Certificate of Ancestral Lands Title (CALT)
refers to a title formally recognizing the rights
of ICCs/IPs over their ancestral lands.
Individually-owned ancestral lands, which are
agricultural in character and actually used for
agricultural, residential, pasture, and tree
farming purposes, including those with a
slope of eighteen percent (18%) or more, are
hereby classified as alienable and disposable
agricultural lands [Sec. 12, IPRA]
Native title, however, is a right of private
ownership particularly granted to ICCs/IPs
over their ancestral lands and domains. The
IPRA categorically declares ancestral lands
and domains held by native title as never to
have been public land. [Cruz v. Sec. of
Environment and Natural Resources, 2000,
GR No. 135385]
CIVIL LAW
III. Citizenship
Requirement
A. INDIVIDUALS
Art. XII, Sec. 3, 1987 Constitution
provides, in part:
Lands of the public domain are classified into
agricultural, forest or timber, mineral lands
and national parks. Agricultural lands of the
public domain may be further classified by
law according to the uses to which they may
be devoted. Alienable lands of the public
domain shall be limited to agricultural lands.
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.
The Krivenko Doctrine - The capacity to
acquire private land is made dependent upon
the capacity to acquire or hold lands of public
domain. Private land may be transferred or
conveyed only to individuals or entities
‘qualified to acquire lands of public domain’
[II Bernas]
The 1935 Constitution reserved the right for
Filipino citizens or corporations at least sixty
percent of the capital of which was owned by
Filipinos. Aliens, whether individuals or
corporations, have been disqualified from
acquiring public lands; hence they have also
been disqualified from acquiring private
lands. [Krivenko v. Register of Deeds, GR No.
L-630, 1947]
General Rule: Non-Filipinos cannot acquire
or hold title to private lands of public domain,
except only by way of legal succession [Halili v.
CA, GR No. 113539, Sec. 2, 5 Art XII
Constitution]
Exceptions:
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(1) Aliens by way of hereditary
succession [Sec. 7, Art. XII, 1987
Constitution]
(2) Natural born citizens who have lost
their citizenship:
For business use: limited to 5,000 sq. m.
for urban land and 3 hectares for rural
land [RA No. 7042 as amended by RA No.
8179]
But where a Filipino citizen naturalized as
a citizen in a foreign country has
“reacquired” his Philippine citizenship
under the terms of RA 9225 (August 29,
2003) otherwise known as the
“Citizenship
Retention
and
Reacquisition Act of 2003,” the area
limitations may no longer apply since the
law expressly grants him the same right,
as any Filipino citizen, to “enjoy full civil
and political rights” upon the reacquisition of his Filipino citizenship
[AGCAOILI at 189].
(3) Aliens, although disqualified to
acquire lands of public domain, may
lease private land for a reasonable
period provided, that such lease does
not amount to a virtual transfer of
ownership. They may also be given an
option to buy property on the
condition that he is granted
Philippine citizenship. [Llantino v. Co
liong Chong, GR No. 29663]
(4) Lands acquired by an American
citizen prior the proclamation of
Philippine Independence on July 4,
1946 but after the passage of the
1935 Constitution may be registered,
based on the ordinance appended to
the 1935 Constitution. [Moss v.
Director of Lands, GR No. L-27170]
(5) Land sold to an alien which is now in
the hands of a naturalized citizen can
no longer be annulled [De Castro v.
Tan, GR No. L-31956]. The litigated
property is now in the hands of a
naturalized Filipino. It is no longer
owned by a disqualified vendee. The
purpose of the prohibition ceases to
be applicable. [Barsobia v. Cuenco,
GR No. L-33048]
CIVIL LAW
B. CORPORATIONS
Private corporations may not hold 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. [1987 Constitution, Art. XII,
Sec. 3]
Lim itations to Ownership of Land by
Corporations:
(1) For private lands:
•
At least 60% Filipino [Sec. 2, Art. XII,
1987 Constitution; Agcaoili]
•
Restricted as to extent reasonably
necessary to enable it to carry out the
purpose for which it was created
•
If engaged in agriculture, it is
restricted to 1,024 hectares
(2) For patrimonial property of the State [Sec.
3, Art. XII, 1987 Constitution]
•
Lease only for a limited period of
25 years
•
Limited to 1,000 hectares
•
Applies to both Filipino and
Foreign Corporations
•
This limitation does not apply
where the corporation acquired
the land, the same was already
private land [Rep. v IAC and
Acme]
A corporation sole may acquire and register
private agricultural land [RC Apostolic
Administrator of Davao v. LRC, GR No. L-8415
(1957)]: A corporation sole, which consists of
one person only, is vested with the right to
purchase and hold real estate and register
the same in trust for the faithful or members
of the religious society or church for which the
corporation was organized
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(2) Involuntary on the part of the
claimant but they are compelled to
substantiate their claim or interest
IV. Original
Registration
Original Registration - This is a
proceeding brought before the land
registration court to determine title or
ownership of land on the basis of an
application for registration or answer by a
claimant in a cadastral registration.
B. WHO MAY APPLY:
(1) Under Sec. 14, PD 1529
A decree of registration merely confirms, but
does not confer ownership. [City Mayor of
Parañaque City v. Ebio, G.R. No. 178411,
(2010)] Registration does not vest title or give
title to the land, but merely confirms and
thereafter protects the title already
possessed by the owner, making it
imprescriptible by occupation of third parties.
The registration does not give the owner any
better title than he has. He does not obtain
title by virtue of the certificate. He secures his
certificate by virtue of the fact that he has a
fee simple title. [Legarda v. Saleeby, G.R. No.
L-8936, (1915)]
Distinguished from subsequent
(1) Original Registration – When right of
ownership or title to land is for the first
time made of public record
(2) Subsequent Registration – Any
transaction affecting such originally
registered land, if in order, may be
registered in the Office of the Register of
Deeds concerned
A.
KINDS
REGISTRATION:
OF
ORIGINAL
(1) Voluntary – by filing with the proper
court under:
(a) PD 1529, Property Registration Decree
(b) CA 141, Public Land Act
(c) RA 8371, IPRA
(2) Involuntary
Proceedings
CIVIL LAW
– as in Cadastral
(1) This is compulsory registration
initiated by the government to
adjudicate ownership of the land
(a) Those who by themselves or
through 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.
(b) Those who have acquired
ownership of private lands by
prescription under the provisions
of existing laws.
(c) Those who have acquired
ownership of private lands or
abandoned river beds by right or
accession or accretion under the
existing laws.
(d) Those who have acquired
ownership of land in any other
manner provided for by law (see:
Republic represented by Mindanao
Medical Center v CA, G.R. No.
40912 (19760]
(i) If land is owned in common, ALL
co-owners
shall
file
the
application jointly
(ii) If land has been sold under pacto
de retro, the vendor a retro may
file an application for the original
registration of the land, provided,
however that should the period
for redemption expire during the
pendency of the registration
proceedings and ownership to the
property consolidated in the
vendee a retro, the latter shall be
substituted for the applicant and
may continue the proceedings.
(iii) A trustee on behalf of his
principal may apply for original
registration of any land held in
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trust by him, unless prohibited by
the instrument creating the trust.
(2) Under Sec. 12, CA 141; Any person who:
(a) Is a citizen of the Philippines over
the age of 18, or the head of a
family
(b) Does not own more than 24
hectares of land in the Philippines,
or has not had the benefit of any
gratuitous allotment of more
than 24 hectares of land since the
occupation of the Philippines by
the United States
(c) NOTE: they may enter a
homestead of not exceeding 24
hectares of agricultural land of
the public domain
CIVIL LAW
JURISDICTION
W here to File: The court that should take
cognizance of a registration case is that
which has territorial jurisdiction over the
property.
General Rule: RTC of the province, city, or
municipality where the property is situated
The RTC shall have exclusive jurisdiction over
all applications original for registration of
title, with power to hear and determine all
questions arising upon such applications or
petition. [Sec. 2, par. 2, P.D. No. 1529]
Exception: Delegated jurisdiction to the
MTC, MeTC, and MCTC by the Supreme Court
in cadastral and land registration cases IF:
(1) There is no controversy over the land, OR
(2) Its value is less than P100,000 [Sec. 34,
BP 129]
(3) Under RA 8371
(a) Sec. 11 – Formal recognition of
ancestral domains by virtue of
Native Title may be solicited by
ICCs/IPs concerned
(b) Sec. 12 – Option to secure
certificate of title under CA 141 or
Land Registration Act 496
(i) Individual
members
of
cultural communities with
respect to individually-owned
ancestral lands who, by
themselves or through their
predecessors-in
-interest,
have been in continuous
possession and occupation of
the same in the concept of
owner since time immemorial
or for a period of not less than
thirty (30) years immediately
preceding the approval of this
Act and uncontested by the
members of the same
ICCs/IPs shall have the option
to secure title to their
ancestral lands
(ii) Option granted shall be
exercised within 20 years
from the approval of RA 8371
C. PROCEDURE IN ORDINARY LAND
REGISTRATION
STEP 1: Survey of the land by the Bureau of
Lands or a duly registered private surveyor
Note: No plan of such survey, whether it be
original or subdivision, may be admitted in
land registration proceedings until approved
by the Director of Lands [Sec. 1858,
Administrative Code]
STEP 2: Filing of application for registration
by the applicant;
(a) Form of the application
(1) In writing
(2) Signed by the applicant/s or person
duly authorized in his behalf
(3) Sworn before any officer authorized
to administer oath for the province or
city where the application was
actually signed
(4) Application is presented in duplicate
(b) Contents of the application:
(1) A description of the land
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such just and reasonable terms as the
court may order;
(2) The citizenship and civil status of
the applicant, whether single or
married, and, if married, the
name of the wife or husband, and,
if the marriage has been legally
dissolved, when and how the
marriage relation terminated. It
shall also state:
(2) However, Sec. 23, PD 1529 mandates
that there is a need to comply with
the required publication and notice as
in an original application if the
amendment is substantial as in:
(i) A change in the boundaries
(3) The full names and addresses of
all occupants of the land and
those of the adjoining owners, if
known, and, if not known, it shall
state the extent of the search to
find them.
(4) Whether the property is conjugal,
paraphernal or exclusively owned
by the applicant.
CIVIL LAW
(ii) An increase in the area of the
land applied for; or
(iii) The inclusion of an additional
land
(e) Special Cases:
(c) Documents to accompany the application
[from Regulations in Ordinary Land
Registration Cases]
(1) If the land is bounded by a road,
the applicant must state in his
application if he claims any
portion of the land within the
limits of the road, or if he likes to
have the boundaries determined.
[Sec. 20, PD 1529]
(1) Tracing-cloth plan duly approved by
the Director of Lands, together with
two blueprint or photographic copies
thereof;
(2) If the applicant is a non-resident,
he shall appoint an agent or
representative who is a Philippine
resident. [Sec. 16, PD 1529]
(2) Three copies of the corresponding
technical descriptions;
(3) Intestate Estate of Don Mariano
San Pedro v. CA (1996): A person
claiming ownership of real
property must clearly identify the
land claimed by him.
(3) Three copies
certificate;
of
the
surveyor’s
(4) All original muniments of title in the
possession of the applicant which
prove his rights, to the title he prays
for or to the land he claims; and
(5) Certificate in quadruplicate of the city
or provincial treasurer of the assessed
value of the land, at its last
assessment for taxation, or, in the
absence thereof, that of the next
preceding year. However, in case the
land has not been assessed, the
application may be accompanied with
an affidavit in quadruplicate of the
fair market value of the land, signed
by three disinterested persons.
(d) Amendments to the Application
(1) Sec. 19, PD 1529 permits the
applicants to amend the application
at any stage of the proceedings upon
(4) In re: Application for Land
Registration v. Republic (2008):
An
applicant
in
a
land
registration case must prove the
facts
and
circumstances
evidencing the alleged ownership
of the land applied for. General
statements which are mere
conclusions of law and not
factual proof of possession are
unavailing. The deeds in its favor
only proved possession of its
predecessors-in-interest as early
as 1948. (The law now stands
that a mere showing of
possession for 30 years is not
sufficient.
Open, continuous,
exclusive, and notorious (OCEN)
possession must be shown to
have started on June 12, 1945 or
earlier.)
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STEP 3: Setting of the date for the initial
hearing of the application by the Court;
(a) The Court shall issue an order setting the
date and hour of the initial hearing within
5 days from filing of the application
(b) The initial hearing shall be 45 – 90 days
from the date of the order [Sec. 23, PD
1529]
STEP 4: Transmittal to the LRA
The application and the date of initial hearing
together with all the documents or other
evidences attached thereto are transmitted
by the Clerk of Court to the Land Registration
Authority (LRA)
CIVIL LAW
registration proceedings are actions in
rem. [Dir. Of Lands v. CA, 276 SCRA 276]
(e) Once the registration court had acquired
jurisdiction over a certain parcel, or
parcels, of land in the registration
proceedings in virtue of the publication of
the application, that jurisdiction attaches
to the land or lands mentioned and
described in the application. If it is later
shown that the decree of registration had
included land or lands not included in the
original application as published, then
the registration proceedings and the
decree of registration must be declared
null and void insofar — but only insofar —
as the land not included in the
publication is concerned. [Benin v. Tuason,
57 SCRA 531]
STEP 5: Publication of a notice of the filing
of the application and date and place of
hearing
STEP 6: Service of notice upon contiguous
owners, occupants and those known to have
interest in the property by the Sheriff;
(a) Publication shall be sufficient to confer
jurisdiction upon the court. [Sec. 23, PD
1529]
(a) Mailing:
(b) Form and contents of the notice:
(1) Addressed
to
all
persons
appearing to have an interest in
the land involved
(2) Requires all persons concerned to
appear in court on the date and
time indicated to show cause why
the application for registration
should not be granted
(c) The public shall be given notice of the
initial hearing of the application by
publication
(1) The Commissioner of Land
Registration (CLR) shall cause it
to be published once in the
Official gazette AND once in a
newspaper of general circulation
(2) This is sufficient to
jurisdiction to the court
confer
(d) It is not necessary to give personal notice
to the owners or claimants of the land
sought to be registered to vest the court
with authority over the res. Land
(1) Within 7 days from publication,
the CLR shall mail a copy of the
notice
(2) Copies of the notice shall be
mailed to:
(i) Every person named in the notice
whose address is known.
(ii) the Secretary of Public Highways,
to the Provincial Governor, and to
the Mayor of the municipality or
city, in which the land lies, if the
applicant requests to have the
line of a public way or road
determined
(iii) Secretary of Agrarian Reform, the
Solicitor General, the Director of
Lands, the Director of Mines
and/or the Director of Fisheries
and Aquatic Resources, (as
appropriate) if the land borders
on a river, navigable stream or
shore, or on an arm of the sea
where a river or harbor line has
been established, or on a lake, or
if it otherwise appears from the
application or the proceedings
that a tenant-farmer or the
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national government may have a
claim adverse to that of the
applicant
(2) It shall state the “interest claimed by
the party filing the same”
(e) Effect of Failure to Answer:
(b) Posting:
(1) If no one appears/files an answer,
upon motion, the court shall order a
default to be recorded.
(1) CLR shall cause the sheriff or his
deputy to post the notice at least 14
days before the hearing:
(2) 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.
(2) In a conspicuous place on each parcel
of land included in the application
and in a conspicuous place on the
bulletin board of the municipal
building of the municipality or city in
which the land or portion thereof is
situated.
(3) Where an appearance has been
entered and an answer filed, a default
order shall be entered against
persons who did not appear and
answer.
(3) The court may also cause notice to be
served to such other persons and in
such manner as it may deem proper.
(c) Notice of application and initial hearing
by publication is sufficient and the mere
fact that a person purporting to have a
legitimate claim in the property did not
receive personal notice is not a sufficient
ground to invalidate the proceedings
although he may ask for the review of the
judgment or the reopening of the decree
of registration, if he was made the victim
of actual fraud. [Republic v. Abadilla, CA;
G.R. No. 6902-R, Oct. 6, 1951]
STEP 7: Filing of answer or opposition to the
application by any person whether named in
the notice or not;
(a) W ho may file? Any person claiming an
interest, whether named in the notice or
not
(4) Absence of opposition does not justify
outright registration. [Director of
Lands vs. Agustin, 1921]
(f) Effects of Default:
(1) With respect to the Applicant – he
has the right to present or adduce
evidence ex parte
(2) With respect to those covered by the
default order – they have no legal
standing in court; therefore, they are
no longer allowed to participate and
no opportunity to present evidence
(g) For relief from an order of default, see Sec.
3, Rule 18, Rules of Court
STEP 8: Hearing of the case by the court
(a) Applicable procedural law:
(1) Reception of evidence is governed by
PD 1529
(b) W hen to file? On or before the date of
initial hearing, or within such further time
as may be allowed by the court.
(2) Rules of Court shall, insofar as not
inconsistent with the provisions of the
Decree, be applicable to land
registration and cadastral cases by
analogy or in a suppletory character
and whenever practicable and
convenient [Sec. 34, PD 1529]
(c) W hat shall it contain? It shall state
all the objections and the interest
claimed by the party the remedy desired.
(d) How shall it be m ade? It shall be
signed and sworn to by him or by some
other duly authorized person. Sec. 25, PD
1529 provides for the requisites of an
opposition:
CIVIL LAW
(b) Sec. 27, PD 1529: Court may either:
(1) It shall set forth “all the objections to
the application” and
(1) Hear the parties and their evidence,
or
(2) Refer the case or any part thereof to a
referee
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becomes final upon the expiration of 30
days counted from receipt of notice of
judgment.
(a) Referee shall hear the parties,
receive their evidence, and submit
his report thereon to the Court
within 15 days after termination of
such hearing
(b) Hearing before a referee may be
held at any convenient place
within the province or city as may
be fixed by him and after
reasonable notice thereof shall
have been served to the parties
concerned
(c) Upon receipt of the report the
Court may:
(i) Adopt the same
(ii) Set aside the report
(iii) Modify the report
(iv) Refer back or recommit the
case to the referee for
presentation of evidence
STEP 9: Promulgation of judgment by the
Court;
Note: This has been MODIFIED to the
lapse of 15 days counted from receipt of
notice of judgment as per Sec. 39, BP 129
STEP 10: Issuance of the decree
(a) If the court finds after hearing that the
applicant or adverse claimant has title as
stated in his application or adverse claim
and proper for registration, a decree of
confirmation and registration shall be
entered
(b) The Court declares the decision final and
instructs the LRA to issue a decree of
confirmation and registration within 15
days from entry of judgment
• Note: It is not the court that issues
the decree, but the LRA
(c) One year after issuance of the decree, it
becomes
incontrovertible
and
amendments of the same will not be
allowed except in cases of clerical errors
(a) This is the adjudication, determination,
and resolution of the issue of ownership
(1) Court retains jurisdiction over the
case until after the expiration of 1 year
from the issuance of the decree of
registration. [Gomez v. CA, 1988]
(b) Forms of Judgment:
(1) Dism issal of the application –
with prejudice or without prejudice
(2) Partial Judgment – in a case
where only a portion of the land
subject of registration is contested,
the court may render partial
judgment provided that a subdivision
plan showing the contested and
uncontested portions approved by the
Director of Land is previously
submitted to said court. [Sec. 28, PD
1529]
(3) Judgm ent Confirm ing Title Judgment
may
be
rendered
confirming the title of the applicant,
or the oppositor as the case may be,
to the land or portions thereof upon
finding that the party concerned has
sufficient title proper for registration.
[Sec. 29, PD 1529]
CIVIL LAW
(2) Note: While a decision in land
registration proceeding becomes final
after the expiration of thirty days from
the date of service of its notice, the
decree of registration does not
become final until after the lapse of
one year from the date of its issuance
and entry.
STEP 11: Entry of the decree of registration
(a) Decree is entered in the LRA
(b) Every decree of registration shall:
(c) Finality of Judgm ent - Sec. 30, par. 1,
PD 1529 provides that the judgment
(1) Bear the day of the year, hour, and
minute of its entry,
(2) Be signed by the Administrator of the
Land Registration Authority in his ex
officio capacity as Clerk of Court in
land registration matters
(3) State whether the owner is:
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(i) Married or unmarried, and if
married, the name of the
husband or wife, provided that if
the land adjudicated is conjugal
property, it shall be issued in the
names of both spouses.
(ii) If the owner is under disability, it
shall state the nature of the
disability,
CIVIL LAW
required by law [Sec. 4, PD 1073
amending Sec. 48(b) and (c) of Public
Land Act]
(4) If he claims private ownership not
because of his possession, he must prove
the basis of such claim by submitting
muniments of title.
Proving Private Ownership:
(iii) If the owner is a minor, his age
(4) Contain a description of the land as
finally determined by the court,
(5) Set forth the estate of the owner, and
also, in such manner as to show their
relative priority, all particular estates,
mortgages,
easements,
liens,
attachments
and
other
encumbrances, including rights of
tenant-farmer, if any, to which the
land or owner’s estate is subject,
(6) Contain any other matter properly to
be determined
(1) Spanish titles are inadmissible and
ineffective proof of ownership in land
registration proceedings filed AFTER Aug.
16, 1976 [PD 892 as discussed in Santiago
v. SBMA, GR No. 156888, 2006]
(2) Tax declaration and receipts are not
conclusive but have strong probative
value when accompanied by proof of
actual possession. [Municipality of
Santiago vs. CA, 1983]
(3) Other proofs such as testimonial evidence
STEP 12: Sending of copy of the decree of
registration to the corresponding Register of
Deeds (Registrar of Land Titles and Deeds)
STEP 13: Transcription of the decree of
registration
(a) It is transcribed in the registration book of
the Registrar of Land Titles and Deeds
(b) Registrar issues owner’s duplicate OCT of
the applicant by the Registrar of Land
Titles and Deeds, upon payment of the
prescribed fees.
D. EVIDENCE NECESSARY
Proofs necessary in land registration
(1) Proofs that land has been declassified
from the forest zone, is alienable or
disposable, and is registrable (e.g.
Presidential proclamation, legislative
acts)
(2) Identity of the land (e.g. survey plan)
(3) Possession and occupation of the land for
the length of time and in the manner
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one affected with public interest. The
general rule does not apply.
V. Subsequent
Registration
(2) When party concerned has actual
knowledge
of
facts
and
circumstances that would impel a
reasonably cautious man to make
inquiry. [Leung Yee v. Strong
Machinery, 1918]
Subsequent registration - a proceeding
where incidental matters AFTER original
registration may be brought before the land
registration court by way of motion or petition
filed by the registered owner or a party n
interest
A. NECESSITY
REGISTRATION
AND
CIVIL LAW
EFFECTS
(3) When purchaser is in bad faith; e.g.
he had full knowledge of a previous
sale. [Jamoc v. CA, 1991]
(4) When a person buys land from one
whose rights over the land is
evidenced only by a deed of sale and
an annotation in the certificate of title
but no TCT. [Quiniano v. CA, 1971]
OF
[Sec. 51 and 52, PD 1529]
The deed, mortgage, lease, or other voluntary
instrument, except a will shall ONLY operate
as:
(1) A contract between the parties and
(2) Evidence of authority to the Register of
Deeds to make registration.
The act of registration shall be the operative
act to convey or affect the land insofar as
third persons are concerned.
Also, by registration, it creates constructive
notice to the world.
General Rule: A forged deed is an absolute
nullity and conveys no title.
TWO TYPES OF DEALINGS
(1) Voluntary Dealings – these are deeds,
instruments, documents which are the
results of free and voluntary acts of
parties thereto.
(2) Involuntary Dealings – these refer to
writ, order, or process issued by the court
of record affecting registered land, also
other instruments which are not willful
acts of the registered owner, executed
without his knowledge or consent.
Exception: If there is good faith, a TCT has
already been issued to the purchaser, the
latter being an innocent purchaser for value
according to Sec. 39, PD 1529, then the title is
good.
General Rule: A person dealing with
registered property need not go beyond, but
only has to rely on, the title. [Campillo v. PNB,
1969]
He is charged with notice only of such
burdens and claims which are annotated on
the title, for registration is the operative act
that binds the property.
Exception:
investigate?
When
should
a
purchaser
(1) Banks are required to exercise more
care and prudence in dealing with
registered lands for their business is
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CIVIL LAW
Voluntary Dealings
Involuntary Dealings
Spouses Labayen v.
Leonardo Serafica,
(2008): At the time
of the filing of the
petition for
cancellation of
encumbrance, the
lease contract
already lost its
efficacy. Thus,
there is no basis to
save its annotation
on defendant’s
title. The fact that
the cancellation of
the lease contract
was forged is of no
moment, for there
was no violation of
a right.
AFP Mutual Benefit
Association v. Santiago,
(2008): Entry of the
attachment in the
books is sufficient
notice to all persons.
Hence, the fact that the
deed of sale was
already annotated is of
no moment with regard
to third persons. The
preference created by
the levy on attachment
is not diminished by
the subsequent
registration of the deed
of sale.
Involuntary Dealings
Presentation of the
owner’s duplicate
certificate of title is
required to notify;
mere entry in the
day book of the
Register of Deeds
(ROD) is
insufficient
Entry in the day book of
ROD is sufficient notice
to all persons
An innocent
purchaser for value
of registered land
becomes the
registered owner
the moment he
presents and files a
duly notarized and
valid deed of sale
and the same is
entered in the day
book of the ROD
and at the same
time he surrenders
or presents the
owner’s duplicate
certificate of title
covering the land
sold and pays the
registration fees.
Lenin v. Bass, (1952):
Entry thereof in the day
book of the ROD is
sufficient notice to all
persons even if the
owner’s duplicate
certificate of title is not
presented to the ROD.
Villasor v. Camon,
(1951): It is
necessary to
register the deed or
instrument in the
entry book of the
ROD and a
memorandum
thereof shall also
be made in the
owner’s duplicate
certificate and its
original
Dir. Of Lands v. Reyes,
(1976): Entry in the day
book of the ROD is
sufficient notice to all
persons of an adverse
claim without the same
being annotated at the
back of the certificate
of title
A. VOLUNTARY DEALINGS
Registration of Voluntary Instrum ents
in General
Process of Registration [Sec. 55, PD 1529]
(1) The deed or other
instrument must contain:
voluntary
(a) The following details of the
grantee or other person acquiring
or claiming interest:
(1) Full name
(2) Nationality
(3) Residence
(4) Postal address
(5) Civil status (if married, include
name in full of spouse)
(b) If grantee is a corporation:
It must contain a recital showing that
such corporation or association is
legally qualified to acquire private
lands
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(2) File
instrument
creating
or
transferring interest and certificate of
title with Register of Deeds together
with:
(a) Owner’s duplicate - the
issuance of a new transfer
certificate without presentation of
an
owner’s
duplicate
is
unwarranted and confers no right
on the purchaser [PNB v.
Fernandez, 1935]
(b) Payment of fees & documentary
stamp tax
Registration of Dealings Less than
Ownership [Sec. 54, PD 1529]
If an instrument does not divest ownership or
title from owner or from transferee of the
registered owners, then NO
NEW
CERTIFICATE shall be entered or issued.
Process of Registration for Dealings
less than Ownership
(1) Filing of the instrument with the Register
of Deeds
(2) A brief memorandum thereof is made:
(c) Evidence of full payment of real
estate tax
(a) On the certificate of title by the
Register of Deeds and signed by him,
and
(d) Document of transfer – 1 copy
additional for city/provincial
assessor
(3) Payment of fees and DST
(a) After payment of entry fee the
Register of Deeds shall enter the
instruments in a primary entry
book [Sec. 56, PD 1529]
(b) The national, provincial and city
governments are exempted from
payment of entry fees
CIVIL LAW
(b) On the owner’s duplicate
Cancellation or extinguishment of such
interests shall be registered in the same
manner.
Registration of Deeds of Sale and
Transfers
(a) If ENTIRE property is the subject [Sec. 57,
PD 1529]
(1) Owner executes and registers the
deed which must be sufficient in form.
(c) RA 456 prohibits registration of
documents affecting real property
which is delinquent in the
payment of real estate taxes.
Further, if evidence of such
payment is not presented with 15
days from the date of entry of said
document in the primary entry
book of the register of deeds the
entry shall be deemed cancelled.
(2) A new certificate of title is issued and
Register of Deeds prepares and
delivers to grantee his owner's
duplicate certificate
(3) Register of Deeds notes upon the
OCT and the duplicate certificate
the date of transfer, the volume and
page of the registration book where
the new certificate is registered
(4) Entry of the Instrument in the Primary
Entry Book:
(4) The original and the owner's
duplicate of the grantor's certificate
shall be stamped "cancelled".
Instruments are regarded as registered
from the time the Register of Deeds
enters them in the book
(5) The deed of conveyance shall be filed
and indorsed with the number and
the place of registration of the
certificate of title of the land
conveyed.
(5) TCT shall then be issued
(b) If ONLY A PORTION of property is the
subject [Sec. 58, PD 1529]
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(1) Include a plan which shows all the
portions already subdivided with
verified and approved technical
description.
(1) A memorandum by the words “in trust” or
“upon condition” or other apt words is
made if a deed or other instrument is filed
in order to:
(2) That plan with the certified copy of
the technical descriptions shall be
filed with the Register of Deeds for
annotation in the TCT.
(a) Transfer registered land in trust, or
upon any equitable condition or
limitation expressed therein, or
(3) Register of Deeds shall issue a TCT
and cancel the grantor's certificate
partially OR it may be cancelled
totally and a new one issued
describing therein the remaining
portion
(b) Create or declare a trust or other
equitable interests in such land
without transfer [Sec. 65, PD 1529]
(2) A memorandum by the words “with
power to sell,” or “power to mortgage” or
other apt words is made when:
The instrument creating or declaring a
trust or other equitable interest contains
an EXPRESS POWER to sell, mortgage,
or deal with the land in any manner
(c) If there are SUBSISTING encumbrances
and annotations:
•
They shall be carried over in the new
certificate or certificates; except when
they have been simultaneously
discharged.
Registration of Mortgages and Leases
[Sec. 60, PD 1529]
Sec. 60, PD 1529 provides that mortgages
and leases shall be registered in the manner
provided in Sec. 54 (Dealings less than
ownership)
The deed shall take effect upon the title only
from the time of registration.
When a deed of mortgage is presented, the
Register of Deeds will enter upon the OCT
and upon the owner’s duplicate a
memorandum thereof and shall sign said
memorandum.
However, if an implied or constructive trust is
claimed, person claiming such must execute
a sworn statement thereof with the Register
of Deeds, containing a description of the land,
the name of the registered owner and a
reference to the number of the certificate of
title. Such claim shall not affect the title of a
purchaser for value and in good faith before
its registration. [Sec. 68, PD 1529]
B. INVOLUNTARY DEALINGS
The following involuntary dealings affecting
registered land must be registered:
(1) Attachments [Sec. 69, PD 1529]
(2) Adverse claim [Sec. 70, PD 1529]
(3) Sale on execution or for taxes or for any
assessment [Sec. 74, PD 1529]
(4) Notice of lis pendens [Sec. 76, PD 1529]
Registration of Powers of Attorneys
[Sec. 64, PD 1529]
Registration of Attachm ent
Powers of attorney and revocations shall be
registered with the Register of Deeds of the
province or city where the land lies.
Any instrument revoking such power shall be
registered in like manner.
Attachment is a writ issued at the institution
or during progress of an action commanding
the sheriff to attach the property, rights,
credits or effects of the defendant to satisfy
demands of the plaintiff.
Registration of Trusts
Kinds
Registration is by memorandum:
(1) Preliminary
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Exception: If petitioner is an heir
(2) Garnishment
(2) No evidence is submitted to show that he
has present or possible future interest in
land
(3) Levy on execution
Process of Registration
(1) Copy of writ in order to preserve any lien,
right or attachment upon registered land
shall be filed with the Register of Deeds
where the land lies, containing number of
certificate of title of land to be affected or
description of land [PD 1529, Sec 69]
(2) Register of Deeds to index attachment in
names of both plaintiff & defendant or
name of person whom property is held or
in whose name stands in the records
(a) If duplicate of certificate of title is
not presented:
(i) Register of Deeds shall within 36
hours send notice to registered
owner by mail stating that there
has
been
registration
&
requesting him to produce
duplicate so that memorandum
be made
Registration of Adverse Claim
A claim is adverse when: [Sec. 70, par. 1, PD
1529]
(1) Claimant’s right or interest in registered
land is adverse to the registered owner,
and
(2) Such right arose subsequent to date of
original registration, and
(3) No other provision is made in the Decree
for the registration of such right or
claimant
Requisites for
adverse claim :
of
an
(1) The adverse claimant must give a
statement of the following in writing:
(a) His alleged right or interest
(ii) If owner neglects or refuses –
Register of Deeds shall report
matter to court.
(b) How and under whom such alleged
right or interest is acquired
(c) The description of the land in which
the right or interest is claimed and
(b) Court after notice shall enter an
order to owner to surrender
certificate at time & place to be
named therein.
(3) Although notice of attachment is not
noted in duplicate, notation in book of
entry of Register of Deeds produces effect
of registration already
registration
(d) The number of the certificate of title
(2) The statement must be:
(a) Signed by the adverse claimant
(b) Sworn before a notary public
(3) The statement must also state his
residence or the place to which all notices
may be served upon him. [Lozano v
Ballesteros, G.R. No. 49470 (1991)]
Effect of registration of attachm ent
(1) Creates real right
(2) Has priority over execution sale
(3) But between 2 attachments – one that is
earlier in registration is preferred
Duty of Register of Deeds - Duty is
ministerial but may refuse registration in the
following circumstances:
(1) Title to land is not in the name of
defendant
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Duration of an adverse claim
Note: No need to register tax lien
because it is automatically registered
once the tax accrues. However sale of
registered land to foreclose a tax lien
needs to be registered.
(a) 30 days from the date of registration.
(b) After that the annotation of adverse claim
may be cancelled upon filing of a verified
petition by the party in interest.
(a) When cancelled, no second adverse claim
based on the same ground may be
registered by the same claimant.
Adverse claim is not ipso facto cancelled after
30 days, hearing is necessary. [Sajonas v CA,
G.R. No. 102377 (1996)]
Registration of Execution and Tax
Delinquency Sales
Execution sale
(1) To enforce a lien of any description on
registered land, any execution or affidavit
to enforce such lien shall be filed with
Register of Deeds where the land lies
(2) Register in the registration book &
memorandum upon proper certificate of
title as adverse claim or as an
encumbrance
(3) To determine preferential rights between
2 liens: priority of registration of
attachment
Tax sale
(a) Sale of land for collection of delinquent
taxes and penalties due the Government
(b) In personam (all persons interested shall
be notified so that they are given
opportunity to be heard)
(1) Notice to be given to delinquent tax
payer at last known address
(2) Publication of notice must also be
made in English, Spanish & local
dialect & posted in a public &
conspicuous place in place wherein
property is situated & at the main
entrance of the provincial building
(c) Sale cannot affect rights of other lien
holders unless they are given the right to
defend their rights: due process must be
strictly observed
(d) Tax lien superior to attachment
CIVIL LAW
Process of Registration
(1) Officer’s return shall be submitted to
Register of Deeds together with duplicate
title
(2) Register in the registration book
(3) Memorandum shall be entered in the
certificate as an adverse claim or
encumbrance
(4) After the period of redemption has
expired & no redemption (2 years from
registration of auction sale) is made:
cancellation of title & issuance of a new
one
(5) Before cancellation, notice shall be sent
to registered owner: to surrender title &
show cause why it shall not be cancelled
Note: Actual knowledge of a person is
equivalent to registration as against him
Registration of Notice Lis Pendens
Purpose of notice of lis pendens: To keep the
subject matter within the power of the court
until the entry of final judgment. It therefore
creates merely a contingency & not a lien.
W hen notice of lis pendens is proper:
(1) To recover possession of real estate
(2) To quiet title
(3) To remove clouds upon the title thereof
(4) For partition
(5) Other proceedings of any kind in court
directly affecting the title to land or the
use or occupation thereof or the buildings
thereon
W hen notice of lis pendens is NOT
proper:
(1) Proceedings for the recovery of money
judgments
(2) Attachments
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CIVIL LAW
(3) Proceedings on the probate of wills
Effect of registration
(4) Administration of the estate of deceased
persons
(1) Impossibility of alienating the property in
dispute during the pendency of the suit –
may be alienated but purchaser is subject
to final outcome of pending suit
(5) Levies on execution
(6) Foreclosure
Process
of
Registration:
Memorandum or Notice stating
By
(2) Register of Deeds is duty bound to carry
over notice of lis pendens on all new titles
to be issued
(1) The institution of the action or proceeding
Cancellation of lis pendens
(2) The court wherein the same is pending
[Sec. 77, PD 1529]
(3) The date of the institution of the action
(1) Before final judgment – court may order
cancellation after showing that notice is
only for the purpose of molesting an
adverse party or it is not necessary to
protect the rights of the party who caused
it to be registered
(4) Reference to the number of the certificate
of title
(5) Adequate description of the land affected
and registered owner thereof
(2) Register of Deeds may also cancel upon
verified petition of the party who caused
such registration
Other parties who need to register
(1) Assignee in involuntary proceeding for
insolvency
(a) Duty of the officer serving notice
to file a copy of the notice to the
Register of Deeds where the
property of debtor lies
(3) Deemed cancelled when certificate of
clerk of court stating manner of disposal
of proceeding is registered
(b) Assignee elected or appointed by
court shall be entitled to entry of
new certificate of registered land
upon presentment of copy of
assignment
with
bankrupt’s
certificate of title (duplicate)
(c) New certificate shall note that it
is entered to him as assignee or
trustee in insolvency proceedings
(2) Government in eminent domain
(b) Copy of judgment shall be filed in
the Register of Deeds which states
description of property, certificate
number,
interest
expropriated,
nature of public use
(c)
Memorandum shall be made or new
certificate of title shall be issued
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VI. Cadastral
Registration
Nature: It is a proceeding in rem, initiated by
the filing of a petition for registration by the
government, not by the persons claiming
ownership of the land subject thereof, and
the latter are, on the pain of losing their claim
thereto, in effect compelled to go to court to
make known their claim or interest therein,
and to substantiate such claim or interest.
CIVIL LAW
Ordinary
Registration
Cadastral
Registration
dismissed without
prejudice
prove that he is
entitled to the land,
the land becomes
public land.
Res judicata DOES
NOT apply
There IS res judicata.
Procedure in Cadastral Registration:
Sec. 35 and 36, PD 1529
Unlike other kinds of registration, this is
compulsory as it is initiated by the
government.
STEP 1: Determination of the President that
public interest requires title to unregistered
lands be settled and adjudicated
The government does not seek the
registration of land in its name. The objective
of the proceeding is the adjudication of title
to the lands or lots involved in said
proceeding.
• President then orders the Director of
Lands to conduct cadastral survey
DISTINGUISHED
REGISTRATION
FROM
STEP 2: Director of lands shall make a
cadastral survey
ORDINARY
STEP 3: Director of Lands gives notice to
interested persons
Ordinary
Registration
Cadastral
Registration
Voluntary
Compulsory
Applicant is a
person claiming title
to the land
Applicant is the
Director of Lands
Usually involves
private land; it may
also refer to public
agricultural lands if
the object of the
action is judicial
confirmation of
imperfect or
incomplete title (in
which case CA 141
applies)
All classes of land
are covered (private
and public alienable
lands)
Applicant comes to
court to confirm his
title and seek
registration of the
land in his name
Government asks the
court to settle and
adjudicate the title of
the land
If the applicant fails
to prove his title,
application may be
In cadastral
registration, if the
applicant cannot
Contents of the Notice:
(a) Day on which the survey will
begin
(b) Full and accurate description of
the lands to be surveyed
STEP 4: Publication of notice
(a) Published once in the Official Gazette
(b) A copy of the notice in English or the
national language shall be posted in a
conspicuous place on the bulletin board
of the municipal building of the
municipality in which the lands or any
portion thereof is situated
STEP 5: A copy of the notice shall also be
sent to:
(a) Mayor of the municipality
(b) Barangay captain
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(c) Sangguniang
Panlalawigan
Sangguniang Bayan concerned
and
CIVIL LAW
(2) Declare land as a public land
(3) Order correction of technical description
STEP 6: Geodetic engineers or other Bureau
of Land employees in charge of the survey
shall give notice reasonably in advance of the
date of the survey
(4) Order the issuance of new title in place of
the title issued under voluntary
registration proceedings
(5) Determine the priority of overlapping title
(6) Order the partition of the property
They shall also mark the boundaries of the
lands with monuments
STEP 7: Interested persons should
communicate with the geodetic engineer if he
requests for any information about the land
STEP 8: Actual survey and plotting of the
land
STEP 9: Director of Lands represented by
Solicitor General shall institute original
registration proceedings
(a) Petition is filed in the appropriate RTC
where the land is situated
(b) Contents of the Petition:
STEP 12: Decision
STEP 13: Issuance of the decree and
certificate of title
Note: Reopening of cadastral cases no
longer allowed
RA 931, effective June 20, 1953 for five (5)
years, authorizing the reopening of cadastral
cases under certain conditions and which had
been extended until Dec. 31, 1968, is no
longer in force.
Courts are thus without jurisdiction or
authority to reopen a cadastral proceeding
since Dec. 31, 1968. [Aquino, p. 107, citing
Republic v. Estenzo, 158 SCRA 282, 1988]
(1) That public interest requires that the
title to such lands be settled and
adjudicated and praying that such
titles be so settled and adjudicated
(2) Description of the lands
(3) Accompanied by a plan thereof
(4) Such other data as may serve to
furnish full notice to the occupants of
the lands and to all persons who may
claim any right or interest therein
STEP 10: Publication, mailing posting
STEP 11: Hearing
Jurisdiction of the Cadastral Court:
(1) Adjudicate title to any claimant thereto
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continuous, exclusive, and notorious
possession and occupation of
alienable and disposable lands of
public domain under a bona fide
claim of acquisition since June 12,
1945 or prior thereto since time
immemorial [Sec. 48, CA 141, as
amended by Sec. 4, PD 1073]
VII. Judicial
Confirmation of
Imperfect Title
Applicable law: CA 141, as amended
(2) Filipino citizens who by themselves or
their predecessors-in-interest have
been, prior to effectivity of PD 1073 on
Jan. 25, 1977, in open, continuous,
exclusive, and notorious possession
and occupation of agricultural lands
of the public domain, under a bona
fide claim of acquisition of ownership
for at least 30 years, or at least since
Jan. 24, 1947 [RA 1942]
No title or right to, or equity in, any lands of
the public domain may be acquired by
prescription or by adverse possession or
occupancy except as expressly provided by
law. [Sec 57, CA 141]
The Public Land Act recognizes the concept
of ownership under the civil law. This
ownership is based on adverse possession
and the right of acquisition is governed by the
Chapter on judicial confirmation of imperfect
or incomplete titles.
(3) Natural born citizens of the
Philippines who have lost their
citizenship and who has legal
capacity to enter into a contract
under Philippine laws may be a
transferee of private land up to a
maximum area of 5,000sqm, in case
of urban land, or 3 hectares in case of
rural land to be used by him for
business or other purposes [Sec. 5,
RA 8179]
W hen applicable: This applies only to
alienable and disposable agricultural lands of
the public domain. Under Sec. 6 of CA 141, the
President, shall classify the lands of the
public domain into:
(a) Alienable or disposable;
(b) Timber, and
(4) Natural-born
citizens
of
the
Philippines, who have lost their
Philippine citizenship, who have
acquired disposable and alienable
lands of the public domain from
Filipino citizens who had possessed
the same in the same manner and for
the length of time indicated in
numbers (1) and (2) above.
(c) Mineral lands,
The rule on confirmation of imperfect title
does not apply unless and until the land
classified as, say, forest land, is released in an
official proclamation to that effect so that if
may form part of the disposable agricultural
lands of the public domain. [Bracewell vs. CA,
2000]
The law, as presently phrased, requires that
possession of lands of the public domain
must be from June 12, 1945 or earlier, for the
same to be acquired through judicial
confirmation of imperfect title [Republic v.
Doldol, 1998]
(b) Corporations
W ho may apply:
(a) Individuals:
(1) Filipino citizens who by themselves or
through
their
predecessors-ininterest have been in open,
(1) Private domestic corporations or
associations which had acquired
lands from Filipino citizens who
had possessed the same in the
manner and for the length of time
indicated in numbers (1) and (2)
above.
Notwithstanding the prohibition in
the 1973 and 1987 Constitutions
against private corporations holding
lands of the public domain except by
lease not exceeding 1000 hectares,
still a private corporation may
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institute confirmation proceedings
under Sec. 48, (b) of the Public Land
Act if, at the time of institution of the
registration proceedings, the land
was already private land. On the
other hand, if the land was still part
of the public domain, then a private
corporation cannot institute such
proceedings. [Dir. Of Lands v. IAC and
ACME, 146 SCRA 509, 1986]
A. FILING OF THE APPLICATION:
Period of Filing is EXTENDED: RA No.
9176 extended the period to file an
application for judicial confirmation of
imperfect or incomplete title to December 31,
2020. Prior to RA 9176 the deadline for filing
was on Dec. 31, 1987.
followed in judicial confirmation of imperfect
or incomplete title.
C.
EVIDENCE
NECESSARY
SUBSTANTIATE APPLICATION:
TO
The applicant must prove:
(1) That the land applied for has been
declassified and is a public agricultural
land, is alienable and disposable, or
otherwise capable of registration.
Specifically, the following may be
presented:
(a) Presidential proclamation
(b) Executive Order
(c) Administrative Order issued by
the DENR Secretary
Scope of the Application: RA 9176 also
limited the area subject of the application to
12 hectares. Prior to RA 9176, the maximum
area applied for was 144 hectares.
(d) Bureau of Forest Development
Land Classification Map
(e) Certification by the Director of
Forestry
Applicant must Prove:
(f) Investigation reports of Bureau of
Lands Investigator
(1) The land is alienable and disposable
land of public domain at the time of
filing of application); and
(2) S/he must havebeen in open,
continuous, exclusive, and notorious
(OCEN) possession and occupation of
the land for the length of time and in
the manner and concept provided by
law [Dir. Of Lands v. Buyco, 1992]
CIVIL LAW
(g) Legislative act or statute
(2) The identity of the land; the following
may be submitted:
(a) Survey plan
(b) Tracing cloth plan and blue print
copies of plan
(c) Technical description of the land
B.
PROCEDURE
CONFIRMATION:
IN
(d) Tax declarations
JUDICIAL
(e) Boundaries and area
Sec. 48, par.1, of CA 141 as amended provides,
“The following-described citizens of the
Philippines, occupying lands of the public
domain or claiming to own any such lands or
an interest therein, but whose titles have not
been perfected or completed, may apply to
the Court of First Instance of the province
where the land is located for confirmation of
their claims and the issuance of a certificate
of title therefor under the Land Registration
Act…”
(3) Possession and occupation of the land for
the length of time and in the manner
required by law
Hence, the procedure in original registration
discussed in the previous section is also
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VIII. Remedies
It is important to take note of the following
concepts in studying remedies:
Innocent Purchaser for Value – 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 [Rosales v
Burgos, G.R. No. 143573]
Extrinsic or Actual fraud – any fraudulent act
of the successful party in a litigation which is
committed outside the trial of a case against
the defeated party, or his agents, attorneys or
witnesses, whereby said defeated party is
prevented from presenting fully and fairly his
side of the case. [Sterling Investment
Corporation v Ruiz, G.R. No. L-30694]
CIVIL LAW
Unlike ordinary civil actions, the adjudication
of land in a cadastral or land registration
proceeding does not become final in the
sense of incontrovertibility until after the
expiration of one (1) year after the entry of the
final decree of registration. As long as a final
decree has not been entered by the LRA and
the period of 1 year has not elapsed from date
of such decree, the title is not finally
adjudicated and the decision in the
registration proceeding continues to be under
the control and sound discretion of the court
rendering it. [Gomez v. CA, 168 SCRA 503,
(1988)]
Petition to Reopen or Review Decree
of Registration – Sec. 32, PD 1529
(a) To whom available: Only to an
aggrieved party who has been deprived of
land or any estate or interest therein by
decree of registration
An aggrieved party in a registration
proceeding may avail himself of the following
remedies:
(b) W hen to file: Any time after the
rendition of the court’s decision and
before the expiration of 1 year from entry
of decree of registration
(1) Motion for New Trial [see Rule 37,
ROC]Relief from Judgment [see Rule
38, ROC]
(1) Upon expiration of the 1 year
period, every decree becomes
incontrovertible
(2) Appeal
(2) The Court held that the petition
may be filed at any time after
rendition of the court’s decision
(no need to wait for actual entry
in the LRA) and before expiration
of one year from entry of the final
decree of registration. [Rivera v.
Moran, 48 Phil. 836; Director of
Lands v. Aba, et al., 68 Phil. 85.]
(3) Petition for Review of Decree of
Registration
(4) Action for Reconveyance
(5) Quieting of Title
(6) Cancellation of Title
(7) Action for Damages
(8) Action for Compensation from the
Assurance Fund
(c) Sole and ONLY Ground: Actual Fraud
(9) Reversion
Annulment of Judgment [see Rule 47, ROC]
Appeal – Sec. 30, PD 1529 as amended by
BP 129 provides that an appeal may be taken
from the judgment of the court as in ordinary
civil cases.
• Period in Sec. 30, PD 1529 has been
modified to 15 days as per Sec. 39, BP 129
(1) Actual fraud proceeds from an
intentional deception practiced
by means of misrepresentation or
concealment of material fact
(2) The fraud must consist in an
intentional omission of fact
required by law to be stated in the
application or a wilful statement
of a claim against the truth
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[Balbin v Medalla, G.R. No. L-46410]
or not later than 10 years in the case
of an implied trust [New Regent
Sources, Inc. v Tanjuatco, G.R. No.
168800]
(d) Requisites for Petition to Reopen
or Review
(1) The petitioner must have an estate or
interest in the land;
(2) He must show actual fraud in the
procurement of the decree of
registration;
(3) That the action is filed within one year
from the issuance and entry of the
decree of registration; and
(4) That the property has not been
transferred to an innocent purchaser
for value; and
[Agcaoili citing
Walstrom v Mapa, G.R. No. 38387]
Quieting of Title – remedy for the removal
of any cloud of doubt or uncertainty with
respect to real property
(a) Who may file: See Sec. 1, Rule 63, ROC
(b) Requisites:
(1) Plaintiff or complainant has a
legal or an equitable title to or
interest in the real property
subject of the action; and
(2) The deed, claim, encumbrance or
proceeding claimed to be casting
a cloud on his title must be shown
to be in fact invalid or inoperative
despite
its
prima
facie
appearance of validity or legal
efficacy.
Action for Reconveyance:
(a) When to file:
(1) Before issuance of decree, or
within/after 1 year from entry
(2) If based on implied trust, 10
years;
(3) If based on express trust and void
contract, or if the plaintiff is in
possession
of
the
land,
imprescriptible
(4) If based on fraud, 4 years from
the discovery
(b) It does not reopen proceedings but a
mere transfer of the land from registered
owner to the rightful owner [Esconde v.
Barlongay, 1987]
(c) Requisites:
(1) The action must be brought in the
name of a person claiming ownership
or dominical right over the land
registered in the name of the
defendant;
CIVIL LAW
Cancellation of Title – It is initiated by a
private party usually in a case where there are
two titles issued to different persons for the
same lot. [Agcaoili, 2015]
Action for Damages - It can be availed of
when reconveyance is no longer possible as
when the land has been transferred to an
innocent purchaser for value [Ching v. CA,
1990]
Action for Compensation from the
Assurance Fund
(a) Requisites:
(2) The registration of the land in the
name of the defendant was procured
through fraud or other illegal means;
(3) The property has not yet passed to an
innocent purchaser for value; and
(4) The action is filed after the certificate
of title had already become final and
incontrovertible but within 4 years
from the discovery of the fraud
(1) That a person sustains loss or
damage, or is deprived of any estate
or interest in land;
(2) On account of the bringing of land
under the operation of the Torrens
System
arising
after
original
registration;
(3) Through fraud, error, omission,
mistake or misdescription in a
certificate of title or entry or
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memorandum in the registration
book;
(4) Without negligence on his part; and
(5) Is barred or precluded from bringing
an action for the recovery of such land
or estate or interest therein.
[AGCAOILI at 619]
Reversion - Instituted by the government,
thru the Solicitor General in all cases where
lands of public domain are held in violation of
the Constitution or were fraudulently
conveyed.
CIVIL LAW
IX.
Petitions
and
Motions After Original
Registration
All petitions or motions after original
registration shall be filed and entitled in the
original case in which the decree of
registration was entered [Sec 108, PD 1529]
(a) Lost Duplicate Certificate
(1) Person in interest must file a sworn
statement that the certificate is lost
or destroyed before the Register of
Deeds
Indefeasibility of title, prescription, laches,
and estoppel do not bar reversion suits.
(2) A petition will then be filed for the
issuance of new title
(3) Court will order issuance of new title
after due notice and hearing, with
memorandum that it is issued in
place of a lost certificate
(b) Petition seeking surrender of duplicate
title
(1) In voluntary and involuntary
conveyances; when the duplicate
cannot be produced, the party
must petition the court to compel
surrender of duplicate certificate
of title to Register of Deeds
(2) After hearing, court may order
issuance of a new certificate and
annul the old certificate
(c) Amendment and alteration of certificate
of title
(1) A certificate of title cannot be altered
or amended except in a direct
proceeding in court which is summary
in nature
(2) No amendment or alteration of
decree is permitted except upon order
of the court
(3) No time limit to file petition
(4) Grounds:
(i)
New interest that does not
appear on the instrument have
been created
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(ii)
LAND TITLES AND DEEDS
Interest have been terminated or
ceased
(iii) Omission or error was made in
entering certificate
(iv) Name of person on certificate
has been changed
(v)
Registered owner has married
(vi) Marriage has terminated
(vii) Corporation has dissolved and
has not conveyed the property
within 3 years after its
dissolution
CIVIL LAW
(2) Number of certificates of title
lost or damaged should be at
least 10% of the total number
in possession of the Register
of Deeds
(3) In no case shall the number of
certificates of title lost or
damaged be less than 500;
AND
(4) Petitioner must have the
duplicate
copy
of
the
certificate of title [RA 6732]
(viii) Allowable corrections as long as
the rights or interest of persons
are not impaired
(d) Reconstitution of Certificate of title
(1) The restoration of the instrument
which is supposed to have been
lost or destroyed in its original
form and condition, under the
custody of the Register of Deeds
(2) To have the same reproduced
after proper proceedings in the
same form they were when the
loss or destruction occurred [Heirs
of Pedro Pinote v. Dulay, 1990]
(3) Kinds:
(i) Judicial
(1) A petition is filed before the
RTC
(2) Petition is published in the
Official
Gazette
for
2
consecutive
issues
and
posted on main entrance of
municipality for at least 30
days before hearing
(3) Hearing is then conducted
(4) Court may then order
reconstitution if meritorious
(ii) Administrative, which may be
availed only in case of:
(1) Substantial
loss
or
destruction of original land
titles due to fire, flood, or
other force majeure as
determined by the LRA
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X.
Dealings
with
Unregistered Lands
(3) The Register will then determine if it can
be registered:
(a) If, on the face of the instrument, it
appears that it is sufficient in law, the
Register of Deeds shall forthwith
record the instrument
No deed, conveyance, mortgage, lease, or
other voluntary instrument affecting land not
registered under the Torrens system shall be
valid, except as between the parties thereto,
unless such instrument shall have been
recorded in the manner herein prescribed in
the office of the Register of Deeds for the
province or city where the land lies. [Sec. 113,
par. 1, PD 1529]
EFFECTS OF TRANSACTIONS COVERING
UNREGISTERED LAND
(1) As between the parties – The
contract is binding and valid even if not
registered
(2) As among third persons – There
must be registration for the transaction to
be binding against third persons
PRIMARY
ENTRY
REGISTRATION BOOK
BOOK
AND
The Register of Deeds for each province or
city shall keep a Primary Entry Book and a
Registration Book.
(1) The Primary Entry Book shall contain,
among other particulars:
(a) Entry number
(b) Names of the parties
(c) Nature of the document
(d) Date, hour and minute it was
presented and received
CIVIL LAW
(b) In case the Register of Deeds refuses
its administration to record, he shall
advise the party in interest in writing
of the ground or grounds for his
refusal
• The latter may appeal the matter
to the Commissioner of Land
Registration
Recording by the Register of Deeds is
ministerial.
Recording made under this section shall be
without prejudice to a third party with a
better right. [Sec. 113, PD 1529]
Better right – refers to a right which must
have been acquired by a third party
independently of the unregistered deed, such,
for instance, as title by prescription, and that
it has no reference to rights acquired under
that unregistered deed itself. [Pena at 600]
Involuntary dealings in unregistered
lands
PD 1529 now permits the registration of
involuntary dealings in unregistered lands.
Tax sale, attachment and levy, notice of lis
pendens,
adverse
claim
and
other
instruments in the nature of involuntary
dealings with respect to unregistered lands, if
made in the form sufficient in law, shall
likewise be admissible to record under Sec.
113. [Sec. 113 (d), PD 1529]
(2) The Registration Book – Provides
spaces whereon the annotation is made
after the instrument has been entered in
the Primary Entry Book
Process of Registration
(1) Registration is by way of annotation
(2) The instrument dealing with unregistered
land is presented before the Register of
Deeds
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(c) Waters rising continuously or
intermittently on lands of public
dominion
XI. Non-Registerable
Properties
(d) Lakes and lagoons formed by Nature
on public lands, and their beds
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. [Sec. 2, Art. XII, 1987 Constitution]
(e) Rain waters running through ravines
or sand beds, which are also part of
public dominion;
(f) Subterranean waters on public lands
(g) Waters found within the zone of
operation of public works, even if
constructed by a contractor
With the exception of agricultural lands, all
other natural resources shall not be
alienated. [Sec. 2, Art. XI, 1987 Constitution]
The classification of public lands is an
exclusive prerogative of the Executive
Department of the Government and not of
the courts. In the absence of such
classification, the
land
remains
as
unclassified land until it is released therefrom
and rendered open to disposition. [Aquino, p.
41, citing Dir. Of Lands and Dir. Of Forest
Development v. CA, 129 SCRA 689, 1984]
Civil Code provisions dealing with
non-registrable properties
(1) Properties of public dominion [Art. 420,
Civil Code]
(a) Those intended for public use, such
as roads, canals, rivers, torrents,
ports and bridges constructed by the
State, banks, shores, roadsteads, and
others of similar character;
(b) Those which belong to the State,
without being for public use, and are
intended for some public service or
for the development of the national
wealth.
(2) Waters under Art. 502, Civil Code
(a) Rivers and natural beds
(b) Continuous or intermittent waters of
springs and brooks running in their
natural beds and the beds
themselves
CIVIL LAW
(h) Waters rising continuously or
intermittently on lands belonging to
private persons, to the State, to a
province, or to a city or municipality
from the moment they leave such
lands
(i) The waste waters of fountains, sewers,
and public establishments
Specific kinds of
properties or lands
non-registrable
(1) Forest or timberland, public forest, forest
reserves
(2) National parks – Under the present
Constitution, national parks are declared
part of the public domain, and shall be
conserved and may not be increased nor
diminished, except by law [Rep. v AFP
Retirement and Separation Benefits
System, G.R. No. 180463, (2013)]
(3) Mangrove swamps - Mangrove
swamps or mangroves should be
understood as comprised within the
public forests of the Philippines as
defined in Sec. 1820, Administrative Code
of 1917. [Dir. Of Forestry v. Villareal, G.R.
No. L-32266 (1980)]
(4) Mineral lands - Both under the 1987
Constitution and Sec. 2 of the Public
Land Act, mineral lands are not alienable
and disposable. [Lepanto Consolidated
Mining Co. v. Dumyung, G.R. No. L-31666,
(1979)]
(5) Foreshore land and seashore and
reclaim ed lands- Seashore, foreshore,
and/or portions of territorial waters and
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beaches, cannot be registered. Even
alluvial formation along the seashore is
part of public domain. [Aquino, p. 45,
citing Dizon v. Rodriguez, 13 SCRA 704,
1965]
(6) Lakes - Lakes are part of public
dominion. [Art. 502(4), Civil Code]
(7) Creeks and Streams – A dried up
creek bed is property of public dominion
[Fernando v Acuna, G.R. No. 161030 (2011)
(8) Military or Naval Reservations The reservation made segregates it from
the public domain and no amount of time
in whatever nature of possession could
have ripen such possession into private
ownership. [Republic v. Marcos, G.R. No.
L-32941, (1973)]
CIVIL LAW
The land registration court has no jurisdiction
over non-registrable property and cannot
validly adjudge the registration of title
thereof in favor of a private applicant. [Pena,
p. 105]
Thus, where it has so been adjudged, the river
not being capable of private appropriation or
acquisition by prescription, the title thereto
may be attacked, either directly or collaterally,
by the State which is not bound by any
prescriptive period provided by the Statute of
Limitation. [Pena citing Martinez v. CA, GR No.
L-31271, (1974)]
(9) W atershed - The Constitution expressly
mandates
the
conservation
and
utilization of natural resources, which
includes the country’s watershed. [Tan v.
Dir. Of Forestry, G.R. No. L-24548, (1983)]
(10) Grazing lands - While the 1987
Constitution does not specifically prove
that grazing lands are not disposable, yet
if such lands are part of a forest reserve,
there can be no doubt that the same are
incapable of registration. [Aquino, p. 49,
citing Dir. Of Lands v. Rivas]
(11) Previously titled land - Proceeds
from the indefeasibility of the Torrens
title.
(12) Alluvial deposit along river when
man-made - Such deposit is really an
encroachment of a portion of the bed of
the river, classified as property of the
public domain under Art. 420, par. 1 and
Art. 502 (1) of the Civil Code, hence not
open to registration. [Republic v. CA, 132
SCRA 514, 1984]
(13) Reservations for public and sem ipublic purposes – Sec. 14, Chapter 4,
Book III of EO No. 292 provides that the
President shall have the power to reserve
for settlement or public use, and for
specific public purposes, any of the lands
of public domain, the use of which is not
otherwise directed by law.
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