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A TENEO C ENTRAL B AR O PERATIONS 2007 Civil Law SUMMER REVIEWER LAND TITLES LAND

ATENEO CENTRAL BAR OPERATIONS 2007

Civil Law

SUMMER REVIEWER

A TENEO C ENTRAL B AR O PERATIONS 2007 Civil Law SUMMER REVIEWER LAND TITLES LAND

LAND TITLES

LAND TITLE is the evidence of the owner’s right or extent of interest, by which he can maintain control and as a rule assert right to exclusive possession and enjoyment of property.

NATURE OF TORRENS SYSTEM

Judicial

in

character

and

not

merely

administrative Proceeding is in rem (binding upon the whole world)

DEED is the instrument in writing by which any real estate or interest therein is created, alienated, mortgaged, or assigned, or by which title to any real estate may be affected in law or equity.

LAND REGISTRATION is a judicial or administrative proceeding whereby a person’s claim over a particular land is determined and confirmed or recognized so that such land and the ownership thereof may be recorded in a public registry.

CONCEPT OF TORRENS SYSTEM

Does not create or vest title

Only confirms (does not confer) ownership

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

TORRENS SYSTEM is a system for registration of land under which, upon the landowner’s application, the court may, after appropriate proceedings, direct the issuance of a certificate of title.

Legarda v. Saleeby, 31 Phil 590 (1915) PURPOSES: QUIP-CC 1. To quiet title to the land
Legarda v. Saleeby, 31 Phil 590 (1915)
PURPOSES: QUIP-CC
1.
To quiet title to the land and to stop forever any
question as to the legality of said title
2.
To relieve the land of unknown claims
3.
To guarantee the integrity of land titles and to
protect their indefeasibility once the claim of
ownership is established and recognized
4.
To give every registered owner complete
peace of mind
5.
To issue a certificate of title to the owner which
shall be the best evidence of his ownership of
the land
6.
To avoid conflicts of title in and to real estate
and to facilitate transactions.

GENERAL RULE: A title once registered cannot be impugned, altered, changed, modified, enlarged, or diminished EXCEPTION: Direct proceeding permitted by law, usually for the protection of innocent third persons

PROBATIVE VALUE OF THE TORRENS TITLE

Torrens Title may be received in evidence in all

courts

in

the

Philippines, and shall

be

conclusive as to all matters contained therein,

principally as to the identity of the land owner

except

so

far

as

provided

in

the Land

Registration Act.

 

TYPES OF TORRENS CERTIFICATES OF TITLE

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

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

MODES OF ACQUIRING TITLE:

  • 1. Public Grant

A conveyance of public

land by government to a

private individual

  • 2. Acquisitive

Must be OCEN: in open,

Prescription

continuous, exclusive, and

Capitol Subdivision, Inc. v. Province of Negros Occidental, 7 SCRA 60 (1963) The registration of property
Capitol Subdivision, Inc. v. Province of Negros
Occidental, 7 SCRA 60 (1963)
The registration of property is to: (1) avoid possible
conflicts of title in and to real property, and (2)
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facilitate transactions relative thereto by giving the
are needed to see this picture.
public the right to rely upon the face of the Torrens
certificate of title and to dispense with the need of
inquiring further, EXCEPT when the party concerned
has actual knowledge of facts and circumstances that
should impel a reasonably cautious man to make
such further inquiry.
A TENEO C ENTRAL B AR O PERATIONS 2007 Civil Law SUMMER REVIEWER LAND TITLES LAND

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

Civil Law Summer Reviewer A TENEO C ENTRAL B AR O PERATIONS 2007 • n otorious

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ATENEO CENTRAL BAR OPERATIONS 2007

 

notorious possession If in good faith & with just

title: 10 yrs. uninterrupted possession is required If in bad faith & without just

title: 30 yrs. continuous possession is required Only available if the land

possessed is public land that is alienable and disposable A property registered under

the provisions of PD 1529 is not subject to prescription Prescription is unavailing not only against the registered owner, but also against his hereditary successors

  • 3. Accretion

Requisites:

 

1.

The deposit of soil or sediment be gradual and imperceptible,

2.

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

3.

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

Accretion to registered

lands need new registration No human intervention

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

Reclamation

  • 4.

 

Filling of submerged land

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by deliberate act and reclaiming title thereto Must be initially owned by

government

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a

May be subsequently

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eed

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transferred to private owners

Voluntary

  • 5.

 

Private grant

Transfer

Voluntary execution of

deed of conveyance Contractual relationship

between the parties Consensual

6.

Involuntary

No consent from the owner

State

Alienation

of land

Forcible acquisition by the

7.

Descent or

Hereditary succession to

Devise

the estate of deceased

owner

8.

Emancipation

To ameliorate the sad

Patent/Grant (Certificate of Land

plight of tenant-farmers Such grant is not

Ownership Award)

transferable except by hereditary succession

LAWS IMPLEMENTING LAND REGISTRATION

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

  • 2. Cadastral Act (Act 2259, as amended)

  • 3. Public Land Act (Commonwealth Act 141, as amended)

  • 4. Emancipation Decree (P.D. 27, as amended)

  • 5. Comprehensive Agrarian Reform Law of 1988 (R.A. 6657, as amended)

ADMINISTRATION OF THE TORRENS SYSTEM

  • 1. LAND REGISTRATION AUTHORITY (LRA)

Agency charged with the efficient execution of the laws relative to the registration of

lands, under the executive supervision of the DOJ

Consists of an Administrator assisted by 2 Deputy Administrators

FUNCTIONS OF THE LRA: SAC

  • 1. Extend speedy and effective assistance to the Dept. of Agrarian Reform, the Land Bank, and other agencies in the implementation of the land reform program of the government

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

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

  • 2. REGISTER OF DEEDS (ROD)

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

Headed by the Register of Deeds, assisted by a Deputy

Page 271 of 297

Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 FUNCTIONS OF THE ROD: IPDI 1. verified
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
FUNCTIONS OF THE ROD: IPDI
1.
verified and acknowledges before a notary public or
other public officer authorized by law to take
acknowledgement.

Immediately register an instrument presented for registration dealing with real or personal property which complies with

the requisites for registration

2.

3.

Shall see to it that said instrument bears the proper documentary and science

stamps and that cancelled

the same are properly

If

the

instrument is not registerable, he

shall deny the registration thereof and inform the presentor of such denial in writing, stating the ground or reason therefore, and advising him of his right to appeal by consulta in accordance with Sec. 117 of PD 1529

4.

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

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

Instances when the ROD may validly deny

registration of a voluntary instrument:

  • 1. Where there are more than 1 copy of the owner’s duplicate certificate of title and not all such copies

are presented to the ROD

  • 2. Where the voluntary instrument bears on its face

 

an infirmity

  • 3. Where the validity of the instrument sought to be

registered is in issue in a pending court suit

a.

Notice of pending suit must be given to

parties

b.

Registration may be suspended

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

NOTE: When the ROD is in doubt as to the proper action to take on an instrument or deed presented to him for registration, he should submit the question to the Administrator of the LRA en consulta (Section 117, PD 1529).

NON-REGISTRABLE PROPERTIES

Article 420

1.

Those intended for public use,

NCC

such as roads, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadsteads, and others of similar character

2.

Those which belong to the State, without being for public use, and are intended for some

public service or for the

 

development of the national

wealth.

Arts. 5 & 6,

1.

Rivers and their natural beds;

Water Code

2.

Continuous or intermittent

 

(PD 1067 )

waters of springs and brooks

running in their natural beds

and the beds themselves;

 

3.

Natural lakes and lagoons;

4.

All other categories of surface waters such as water flowing over lands, water form rainfall

whether natural or artificial, and

water from agriculture runoff,

seepage and drainage;

 

5.

Atmospheric water;

 

6.

Subterranean or ground water;

7.

Seawater;

Found in private lands:

 

8.

Continuous or

intermittent

waters rising on such lands;

9.

Lakes and

lagoons naturally

waters rising on such lands;

10. Rain water and falling on such

 

lands;

11. Subterranean

or

ground

 

waters; and

12. Waters

in

swamps

and

 

marshes

Regalian Doctrine under

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

the 1935, 1973,

lands

 

and 1987

 

Constitution

Page 272 of 297

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

TYPES OF REGISTRATION:

  • 1. Original Registration

  • 2. Subsequent Registration

ORIGINAL REGISTRATION UNDER PD 1529 is a

proceeding brought before the RTC (as a land

registration court) to determine title or ownership of

land on the basis of an application for registration or

answer by a claimant in a cadastral registration.

KINDS OF JUDICIAL REGISTRATION:

  • 1. Judicial/Voluntary/Ordinary – by filing with

the

proper court; application by the

private

individual himself

  • 2. Administrative/Involuntary/Cadastral

compulsory registration initiated by the

 

government

PROCEDURE IN ORDINARY LAND

REGISTRATION: SFD-TP-SAHJ-DECT

  • 1. Survey of land by the Bureau of Lands or a duly licensed private surveyor

    • a. Survey plan must be duly approved by the

Civil Law Summer Reviewer

In 1993, then Pres Ramos ordered the OSG to institute an action towards the cancellation of

ATENEO CENTRAL BAR OPERATIONS 2007

Bureau of Forestry v. CA, 153 SCRA 351 (1987)

As provided for under Sec. 6 of CA 141, which was

lifted from Act 2874, the classification or

reclassification of public lands into alienable or

disposable, mineral, or forest lands is now a

prerogative of the Executive Department of the

government and not the courts. With these rules,

there should be no more room for doubt that it is not

the court which determines the classification of lands

of the public domain into agricultural, forest or

mineral but the Executive Branch of the government, through the Office of the President.

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

Page 273 of 297

Civil Law Summer Reviewer A TENEO C ENTRAL B AR O PERATIONS 2007 2. Director of

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2.

Director of Lands.

Filing

of

applicant

a.

With

application

for

registration by

the

a ll

muniments of titles and copies

thereof with survey plan Bureau of Lands

approved by

MU

NIMENTS OF TI

TLE are instruments or

written

evidence

which

applicant

holds

or

possesses to enable him to substantiate and

prove title to his estate

b.

Always filed at the R TC of the place where land is situated

c.

Indorsed to th

e

MTC

if

there

is

no

controversy over the land or if its value is less than 100,000

d.

In cases of deleg

ated jurisdiction to the

  • i. Persons named in the notice Sec. of Public Highways,

ii.

 

requests

to

iii.

Sec.

of

Agrarian

iv.

c. Pos ting

 
 

Posting

in

 

subject land and

Provincial

of

a

public

orm, Solicitor

 

navigable

deem

place

on

Governor, and Mayor, if the applicant

have the line

way or road determined

Ref

General, Director of Lands, Director of

Fisheries, and Director of Mines, if the

land borders on a river,

stream, or shore, or on an arm of the

sea where a river or harbor lies Other persons as the court may proper

conspicuous

on bulletin board of

MTC, appeal is directed to the CA

e.

If land is situated between bounda ries of 2 provinces, application must be filed:

When boundaries are not defin ed: in

the RTC of the

place

where

it

is

municipal building at least 14 days before initial hearing

  • 6. Service of notice by the sheriff upon contiguous owners, occupants and those known to have interests in the property

declared for taxation purposes;

When

boundaries

are

d

efined:

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

separate plan for each portion must be

3.

4.

5.

made by a surveyor

and a separate

application for each lot must with the appropriate RTC

be

filed

Setting

of

the date

of

initial

application by the RTC

hearing

of

a.

Within 5 days, set h earing 45-90 days from

date of order

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

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

a.

The

three

mandatory.

notices

required are

Publication of notice of initial hearing

i

.

Once

in

the

Official

Gazette

(th

is

confers jurisdiction upon the court)

ii.

Once

in

a

circulation

newspaper

of

gen

eral

Purpose of

publication:

- To confer jurisdiction over the land

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applied for upon the court

are needed to see this picture.

- To charge the whole world

with

knowledge of the application of the

land involved, and invite them to take part in the case and assert and prove their rights over the subject land

b.

Mai ling

  • 8. Hearing by the court

  • 9. Promulgation of judgment by the Court

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

DECREE– issued by LRA

after finality of

judgment; contains technical description of

land.

 
 

i

.

De

crees dismissing application

ii.

Decrees

of

confirmation

and

 

registration

Subject only to appeal

  • 11. Entry of

th

e

decree of registration in

the LRA

1 year after the date of entry, it become s incontrovertible and amendments will not be allowed except clerical errors. It is deemed conclusive as to the whole world.

Puts an end to litigation Purpose of Torrens syste m is protected

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

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

N OTE: Noncompliance with the requisites will make the Certificate of Title (CT) issued invalid and cancellable by the courts.

Within

7 days after publication of said

notice in the OG, mailing of notice to:

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

Page 274 of 297

denied in a Civil Law Summer Reviewer A TENEO C ENTRAL B AR O PERATIONS 2007

denied

in

a

Civil Law Summer Reviewer

denied in a Civil Law Summer Reviewer A TENEO C ENTRAL B AR O PERATIONS 2007

ATENEO CENTRAL BAR OPERATIONS 2007

1.

Those who by themselves or through their

land

had

been

p reviously

predecessors-in-interest have been in open,

continuous, exclusive, notorious possession of

reivindicatory action and the right of ownership

thereto of another is upheld by the courts

alienable and disposable lands of the public

domain under a bona fide claim of ownership

FORM OF THE APPLICATION

since June 12, 1945 or earlier

2.

3.

Those who acquired ownership of private land

by prescription

laws

under the provisions of existing

Those who acquired ownership of private lands

or aband oned river beds by right of accession

or accretion under the existing laws

4.

Those who have acquired ownership of land in

any manner provided for by law

(S ec. 15, PD 1529)

In writing

Signed by the applicant or person duly

authorized in his behalf

Sworn to before an officer authori zed to

administer oath for the

province or city where

the application was actually signed

If there is more than 1 applicant, they shall be

signed and sworn to by and in behal f of each.

NOTE

:

All

these

persons

must

be

natural-born

F ilipino citizens. However, by way of exception

juridical persons may apply for registration of leased

agricultural and disposable lands not exceeding

1,000 hectares in area for a period of 25 years and

renewable for not more than 25 years (Sec. 3,

Article XII, 1987 Constitution), and except when the

land has been previously acquired by prescription by

a natural person and subsequently transferred to a

juridical entity (in this case, a corporation may apply

for judicial confirmation of title).

LIMITATION

TO

C

ORPORATION:

OWNERSH IP

OF LAND BY

1.

Private Lands

a.

b.

At least

60% Filipino (Sec. 7, Article XII,

1987 Constitution)

Restricted as to extent reasonably

necessary to enable it to carry out purpose

2.

c.

for which it was created

If engaged in agriculture, it is restricted to

1,024 hectares.

Patrimonial Property of the State (Sec. 3,

Arti cle XII, 1987 Consti

tution)

a.

Lease (CANNOT own land of the public

domain) for 25 years renewa ble

b.

c.

Limited to 1,000 hectares

Apply to both Filipinos &

corporations

foreign

PERSONS WHO CANNOT PROPERLY FILE AN

APPLICATION FOR REGISTRATION OF LAND:

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1.

2.

Public land sales applicant admits he is not t he

ow ner in his application

Mortgagee or his successor-in-interest to the

mortgage when mortgage is assigned (pactum

3.

4.

commissorium)

Antichretic creditor since he holds not in the

concept of an owner

Person or entity whose claim of ownership to

CONT ENTS OF APPLICATION

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

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

  • 2. Citizenship and civil status of the applicant

if married, name of spouse, and

if

the

marriage

has

been legally

dissolved, when and how the marriage

relation was terminated

  • 3. Ass essed value of the land and the buildings and other improvements based on the last assessment for taxation purposes

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

  • 5. Manner of acquisition of land

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

  • 7. If the application describes the land as bound ed by a public or private way or road , it shall state whether or not the applicant claims any portion of the land within the limits of the way or road, and whether the applicant desires to have the line of way or road determined (Sec. 20, PD 1529)

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

  • 9. If the applicant is a non-resident of the Philippines, he shall file an instrum ent appointing an agent residing in the Phils. and shall agree that service of any legal process shall be of the same legal effect as if made upon the applicant within the Philippines (Sec. 16, PD 1529)

Page 275 of 297

Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 for registration when it appears to the
Civil Law Summer Reviewer
ATENEO CENTRAL BAR OPERATIONS 2007
for registration when it appears to the court that the
WHERE
TO FILE APPLICAT
ION
amendment is necessary and proper.
GENERAL RULE: RTC of the province or city
Under Section 24 of the same act, the court may at
where the land is situated.
anytime order an application to be amended by
− File together with application all original
striking out one or more parcels or by severance of
muniments of titles or c opies thereof and a
the application. The amendment may be made in
survey plan of the land approved by the
application or in the survey plan, or in both since the
Bureau of Lands
application and survey plan go together.
If the amendment consists in the inclusion in the
Averia v. Caguioa, 146 SCRA 459 (1986)
application for registration an area or parcel of land
PD 1529 has eliminated the distinction between the
not previously included in the application for
general jurisdiction vested in the RTC and the
registration of an area or parcel of land not previously
limited jurisdiction conferred upon it by the former
included in the original application, as published, a
law when acting merely as land registration court.
new publication of the amended application must be
Aimed at avoiding multiplicity of suits, the change
made. The purpose of the new publication is to give
has simplified registration proceedings by
notice to all persons concerned regarding the
conferring upon the RTCs the authority to act not
amended application. Without a new publication, the
only on original applications but also those filed
registration court cannot acquire jurisdiction over the
after original registration, with power to hear and
area or parcel of land that is added to the area
determine all questions arising upon such
covered by the original application, and the decision
applications or petitions.
of the registration court would be a nullity insofar as
the decision concerns the newly included land. The
If there are several parcels of land situated in
reason is because without a new publication, the law
different provinces/cities but belong to one
is infringed with respect to the publicity that is
owner, he must file in RTC of each
required in registration proceedings, and third parties
province/city where different parcels of land are
who have not had the opportunity to present their
located for registration purposes
claim might be prejudiced in their rights because of
EXCEPTION: Delegated jurisdiction of
the
failure of notice.
MTC to hear and determine cad astral or land
registration cases covering lots where
But if the amendment consists in the exclusion of a
there is no controversy or opposition, or
portion of the area covered by the original application
contested lots, the value of which d
oes not
and the original plan as previously published, a new
publication is not necessary. In the latter case, the
jurisdiction of the court is not affected by the failure of
REGISTRATION
a new application.
 

exceed 100,000

AMEND

MENTS

IN

OR

DINARY

P ROCEEDINGS

1.

Striking out one or more

The court may strike

of the parcels of la nd

out at any time

applied for or by a

severance of the

application

2.

Substantial change in

New technical

boundaries, increase in

description and new

area, inclusion of

publication and notice

additional land

are necessary

3.

Joinder, substitu tion, or

File motion with court

discontinuance of any of

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4.

Decrease in area

File motion with court;

 

no need for new

publication or notice

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

DOCTRINE OF NON-COLLATERAL ATTACK OF

D ECREE OR TITLE

A decree of registration and registered titl e

cannot be i mpugned, enlarged, altered,

modified, or diminished either in collateral or

direct proceeding after the lapse of the 1-year

period prescribed by the law.

If transaction is BEFORE

 

If transaction is AFTER

 

Issuance of Decree

 

Issuance of Decree

Record instrument in

Register directly with

ROD in same

 

ROD for purpose of

manner

as if no

canceling such title

application was

 

and issuing a TCT

made

 

Present instrume

nt

to RTC , with a

motion praying that

the same be

 

Page 276 of 297

Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 considered in 1976 did so on time,
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ATENEO CENTRAL BAR OPERATIONS 2007
considered in
1976 did so on time, even if such application was
relation to the
filed during the intervening period from January
pending applic ation
1, 1969 to June 18, 1971. Respect should be given
to the obvious intention of the lawmaker in extending
REQ
UISITES OF OPPO
SITION:
the period for filing such applications time and again,
1.
Set forth objections to the application
to give full opportunity to those who are qualified
2.
State interest claimed by op positor
under the law to own disposable lands of the public
3.
Apply for the remedy desired
domain and thus reduce the number of landless
4.
Signed and sworn to by him or by some other
among the citizenry.

duly authorized person

GENERAL DEFAULT

SPECIAL DEFAULT

When no person

When a party appears at

ap pears and answers

initia l hearing without

within time prescr ibed

having filed an answer and

asks court for time to f ile

answer but failed to do so

within period allowed

JUDICIAL CONFIRMATION OF IMPERFECT OR

INCOMPLETE TITLE UNDER THE PUBLIC LAND

LIMITATION TO AREA APPLIED FOR:

Maximum of 12 hectares (Sec. 3, RA 6940)

WHO MAY BE APPLICANTS: FFPL

  • 1. Filipino citizens who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of acquisition since June 12,

ACT

1945, or prior thereto, or

ever

since time

In rem, judicial proceedings

 

immemorial (Oh Cho v. Dir. Of Lands, 75 Phil

The decree of registration issued is conclusive

 

890 [1946])

and final

  • 2. Filipino citizens who by themselves or through

Governed

by

court

procedure and law of

 

their predecessors-in-interest have been, prior

evidence

to the effectivity of PD 1073 (January 25,

 

1977), in open, continuous, exclusive and

WHEN TO FILE

 

notorious possession and occupation of

Extended

up

to

December

31,

2020,

as

agricultural lands of the public domain under a

provided in Sec. 2 of RA 9176

 

bona fide claim of acquisition of ownership, for

at least 30 years, or at least since January 24,

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

1947 (RA 1942, Dir. Of Lands v. IAC and

ACME, 146 SCRA 509 [1986]).

  • 3. Private corporations or associations which had acquired lands, formerly part of the alienable and disposable lands of the public domain, from Filipino citizens who had possessed the same in the manner and for the length of time indicated in 1 and 2 above (Dir. Of Lands v. IAC and ACME, 146 SCRA 509 [1986]).

  • 4. Natural born citizens of the Philippines who may have lost their Philippine citizenship, who have acquired disposable and alienable lands of the public domain from Filipino citizens who had possessed the same in the manner and for the length of time indicated in 1 and 2 above (Republic v. CA, 235 SCRA 567 [1994]).

NOTE :

A

private

corporation may institute

confir

mation proceedings under Sec. 48(b) of CA

141

if

at

the time of the institution

of the registration

proceedings, the

land

was

already

private

land

(Director of Lands v. IAC and ACME, 146 SCRA

509 [1986]).

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As long as the land is already considered as

having become “private” through prescription,

a corporation may institute confirmation

proceedings. Having a PRIVATE character

(no longer public), the land would no longer

be barred by the Constitution to be owned by

a corporation. Land has already become

PRIVATE, ipso jure, when previously

acquired by prescription by a natural person.

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

WHAT APPLICANT MUST PROVE:

The land is alienable and disposable land of

the public domain, and

His possession was for the length of time and

in the manner and concept required by law

NOTE

:

Form,

Contents,

Notice,

Mailing,

Pos

ting

R equirements are the same as those required in

original registration under PD 1529.

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

PROOF OF PRIVATE OWNERSHIP: STOP

  • 1. Spanish title (inadmissible and ineffective proof of ownership in land registration proc eedings filed after Aug. 16, 1976)

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

  • 3. Other kinds of proof

(ex. testimonial evidence

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  • 4. Presidential issuances and legislative acts (constitutive of a fee simple title or absolute title in favor of the grantee, a law ceding full ownership to a government institution)

Santiago v. SBMA, GR No. 156888, November 20, 2006
Santiago v. SBMA, GR No. 156888, November 20,
2006

FACTS:

Rodriguez

is

claiming

to

the

be

sole

heir

and

administrator of the estate of Hermogenes Rodriguez

who, in his lifetime, was the owner of parcels of land

registered

in

name

his

under

Spanish

a

title.

Rodriguez leased the parcels of land to Santiago and

Mateo for a period of 50 years.

By virtue of the

presently

Santiago

lease,

is

occupying

the

land.

SBMA, on the other hand, is claiming possessory, if

not proprietary,

rights over

of land,

parcels

the

by

using them for its own commercial and other

purposes.

ISSUE:

Whether or not Spanish Titles are still admissible as

evidence of ownership of lands

HELD:

No.

Although PD 892 reads: “Whereas, Spanish titles to

lands which have not yet been brought under the

operation of the Torrens system, being subject to

prescription, are now ineffective to prove ownership

unless accompanied by proof of actual

possession…,” petitioners cannot claim that they can

still present the Spanish title as proof of ownership

since they were in actual possession.

Actual proof of possession only becomes necessary

because Spanish titles are subject to prescription.

The holder of a Spanish title may still lose his

ownership of the real property to the occupant who

actually possesses the same for the required

prescriptive period. Because of this inherent

weakness, the applicant for registration of his

Spanish title under the Torrens system must also

submit proof that he is in actual possession of the

real property by virtue of prescription. Taking the

law as a whole, it has clearly set a deadline for

the filing of applications for registration of ALL

Spanish titles under the Torrens system (i.e., 6

months from its effectivity or on 14 August 1976),

after which, the Spanish titles may no longer be

presented to prove ownership. Therefore, the

fact that petitioners were in actual possession of

the property when they filed the complaint with

the RTC on April 29, 1996 does not exclude them

from the application of PD 892, and their Spanish

title remain inadmissible as evidence of their

ownership of the property, whether in a land

registration proceeding or in an action to remove

a cloud on or to quiet title. However, this does

not bar holders of Spanish titles from claiming

ownership of real property on some other basis,

such as those provided in PD 1529 or in the

Public Land Act. For sure, Spanish titles can no

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longer be countenanced as indubitable evidence of land ownership.
longer be countenanced as indubitable evidence
of land ownership.

such disability, and if a minor, his age

  • 4. Description of the land and shall set forth the estate of the owner, and also show their

JUDGMENT is a decision of court constituting its

opinion after taking into consideration the evidence

submitted.

 

It becomes

final

upon

the

lapse of

15

days

counted

from

the

receipt

of

notice

of

the

judgment.

Howe ver, notwithstanding the lapse of the 15-

day period from receipt of judgment by the

parties, the court continues to retain control

over the ca se until the expiration of 1 year after

the entry of decree of registration by the LRA

(Republic v. Assosacion Benevola de Cebu,

178 SCRA 692 [1989]).

POST -JUDGMENT INCIDENTS

1.

Writ of Possession: order to sheriff to deliver

the land to the succes sful party litigant; no

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

anyone unlawfully and adve rsely occupying

When writ may not issue: When a party

entered into property after issuance of final

decree, is not an oppositor in registration

proceeding, and is in possession of land for

at least 10 years

2.

Wri t of Demolition: the complement of writ of

pos session; to demolish improvements

intro duced by oppositor or his successor in

inte rest

MEAN S TO RECOVER POSSESSION:

 

1.

Forcible entry

2.

Unlawful

detainer

3.

Accion publiciana

4.

Accion reivindicatoria

DECREE OF REGISTRATION :

 

The decree issued by the LRA pursuant to the

order of the court.

Binds the land, quiets title thereto, subject only

to such exceptions or liens a s may be provided

by law

Conclusive

upon

all persons including the

government

CONT

ENTS O

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F THE DECREE: DMD-DO

 

1.

Date, hour and minute of its entry

2.

Whether the owner is married or unmarried,

and

if

married,

the

name

of

the

spouse;

provided that if the land is conjuga l property,

the decree shall be issued in the n ame of both

spouses

3.

If

the owner is under disability, the nature of

relative easements, liens, attachments, and

other encumbrances

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

PROC

ESS OF ISSUING TH

E OCT:

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

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

  • 3. Writ of Demolition may be issued. The court has authority to order, as a consequence of the writ of possession issued by it, the demolition of improvements in troduced by the defeated oppositor or his successor-in-interest

  • 4. Administrator will issue a decree of registration and original and duplicate of OCT that is signed by the Administrator, entered and file decree of registration in LRA

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

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

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

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

  • 9. Original copy to be filed in ROD

    • 10. Bound in consecutive order

ATTR IBUTES AND LIMITATIONS ON

C

ERTIFICATES OF TITLE AND REGI

STERED

L

ANDS:

1 .

Free from liens and encumbrances

  • a. Claims and liens of whatev er character existing against the land prior to

the

issuance of the certificate of title are cut off

by such certificate and the certi ficate so

issued binds the whole world, including the

government.

  • b. EXCEPTIONS: CNT-PD

i

.

Those noted on the certificate

 

ii

.

Liens,

claims,

or

rights

arising

or

 

existing

under

the

laws

and

the

Constitution, which

are

not

by

law

required to appear on record in

the

Register of Deeds in order to be valid

iii.

Unpaid real estate taxes levied and

assessed within 2 years immediately

preceding the acquisition of any right

over the land by an innocent purchaser

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iv.

for value

Any public highway, or private way

established or recognized by law, or

any government irrigation, canal or

lateral thereof, if the certificate of title

does not state the boundaries of such

highway or irrigation canal or lateral

thereof have been determined

  • v. Any disposition

of

the

property

or

limitation on the issue thereof pursuant

to

PD

27

or

any

other

law

or

regulations on agrarian reform

  • 2. In controvertible and indefeasible

    • a. GEN ERAL RULE: Upon expiration of

1

yea r from and after the entry of the decree

of r

egistration in the LRA, the dec

ree and

the

corresponding

certificate

of

title

becomes incontrovertible and indefeasible.

  • b. EXCEPTIONS: PNF

    • i. If previous valid title of the same land exists

ii. When land covered is not capable of registration iii. When acquisition of certificate is attended
ii.
When land covered is not capable of
registration
iii.
When
acquisition
of
certificate
is
attended by fraud
Arguelles v. Timbancaya, 72 SCRA 193
(1976)
The rule on the incontrovertible nature of a
certificate of title applies when what is involved
is the validity of the OCT, not when it concerns
that of the TCT.
  • 3. Registered land not subject to prescription

    • a. Even adverse, notorious and continuous possession

under claim of ownership for

the period fixed by law is ineffective against

a Torrens title (JM Tuason and Co. Inc. v.

CA, 93 SCRA 146 [1979]).

  • b. The fact that the title to the land was lost does not mean that the land ceased to be registered land before the reconstitution of its title. It cannot perforce be acquired by prescription (Ruiz v. CA, 79 SCRA 525 [1977]).

  • c. Laches may be invoked to bar reconveyance of land to the registered

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third pers ons which may be affected or

prejudiced if such land is returned to the

registered owner (De Lucas v. Gamponia,

100 Phil 277 [1956]).

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

FACTS:

Remigia Feliciano filed a complaint against the

spouses Zaldivar for the declaration of nullity of

TCT No. T-17993 and reconveyance of the

property covered therein. The said title is registered

in the name of Aurelio Zaldivar.

Remigia alleged that she was the registered owner

of a lot, part of which is that covered by both the

above TCT and TCT No. 8502. It was originally

leased to Pio Dalman, Aurelio’s father-in-law. She

attempted to mortgage the lot to Ignacio Gil, but the

mortgage did not push through. She vehemently

denies ever executing a joint affidavit confirming

the sale to Gil and insists that TCT No. 8502 was

never lost.

The Zaldivars, on the other hand, claimed that

Aurelio bought the property from Dalman who, in

turn, bought the same from Gil in 1951. Gil

allegedly purchased the property from Remegia,

the sale of which was evidenced by the joint

affidavit of confirmation of sale that Remegia and

her uncle purportedly executed before a notary

public in 1965. Aurelio then filed a petition for the

issuance of a new owner’s duplicate copy of TCT

No. T-8502 because when they asked Remegia

about it, she claimed it had been lost. A petition for

partial cancellation of the said TCT was granted

and TCT No. 17993 was issued in Aurelio’s name.

They also allege that they and their predecessors-

in-interest have been occupying the said property

since 1947, openly, publicly, adversely, and

continuously or for 41 years already.

ISSUE:

Who is the real owner of the subject lot?

HELD:

Remegia is the real owner.

With respect to the claim of acquisitive

prescription, it is baseless when the land

involved is a registered land since no title to

registered land in derogation of that of the

registered owner shall be acquired by adverse

possession. Consequently, proof of possession

by the Zaldivars is both immaterial and

inconsequential.

Neither can the spouses rely on the principle of

indefeasibility of TCT No. 17993 by virtue of the

fact that TCT No. 8502 in the name of Remegia

has remained valid. Remegia’s title, thus,

prevails over Aurelio’s, especially considering

that the latter was correctly nullified by the RTC

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

    • a. Sec. 48 of PD 1529 provides that “a certificate of title shall not be subject to collateral attack. It cannot be altered, mod ified, or cancelled except in a direct proceeding in accordance with the law.”

  • 5. Tor rens Certificate presumed valid and dev oid of flaws

    • a. GENERAL RULE: Torrens Certificate of Title is presumed to have been regula rly issued, valid, and without defects. The buyer has the right to rely upon the fa ce of the Torrens title and dispense with the trouble of inquiring further.

    • b. EXCEPTION: When he has actual knowledge of facts and circumstances that would impel a reasonably cautious man to

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

NO. While, it is a familiar doctrine that a forged or

fraudulent document may become the root of a

valid title, if the property has already been

transferred from the name of the owner to that of

the

forger, the

same

is

not

true.

This doctrine

serves to emphasize that a person who deals with

registered property in good faith will acquire good

title from a forger and be absolutely protected by a

Torrens title.

It cannot be overemphasized that respondent

Bank, being in the business of extending loans

secured by real estate mortgage, is familiar with

rules on land registration. As such, it was, as here,

expected to exercise more care and prudence than

private individuals in their dealing with registered

lands. Accordingly, given inter alia the suspicion-

provoking presence of occupants other than the

owner on the land to be mortgaged, it behooved

respondent Bank to conduct a more exhaustive

investigation on the history of the mortgagor’s title.

That respondent Bank accepted in mortgage the

property in question notwithstanding the existence

of structures on the property and which were in

actual, visible and public possession of a person

other than the mortgagor, constitutes gross

negligence amounting to bad faith.

In the absence of such inquiry, the respondent

Bank cannot and should not be regarded as a

mortgagee/purchaser in good faith.

  • 6. General incidents of registered land

Registered land or the owners thereof are

not relieved from the following:

  • a. From any rights incident to the relation of husband and wife, landlord tenant

and

  • b. From liability to attachment or levy on execution

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

  • d. From any right or liability that may arise due to change of the law on descent

  • e. From the rights of partition between co- owners

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

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

  • h. From any other rights or liabilities

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created

by

law

and

applicable

to

unregistered land

 

7.

Where certificate of title is obtained by a

 

tr ustee

 

a.

T rustee who obtains a Torrens title in his

 

na

me, over property

held in trust by him

for another cannot repudiate the trus t

relyin g on the registrations, such being

one of the limitations upon the finality of

title

 

b.

Trustee could not perforce legally convey

ownership of the registered property in

her will for she is not the absolute owner

there of

SUBSEQUE NT REGISTRATION

Wher e

incidental

matters

after

original

regist

ration m

ay

be brought before the land

registration court by way of motion or petition

filed

by the registered ow ner

or

a

party

in

interest.

 

Rules

as

to

the

necessity

and

effects

of

registration in general

 
  • 1. Except

a

will

that

purports to convey or

affec t a registered land, the mere execution

of the deeds of sale, mortgage, or lease or

other voluntary do cuments serve only 2

purposes:

a.

as a

contract

between

the

parties

thereto, and

 

b.

as evidence of authority to the ROD to

register such documents

 
  • 2. is

It

only

the

act

of

registering

the

inst

rument in the

ROD of the province or

city

where

the

land

lies

which

is

the

ope

rative act that conveys

ownership or

affects the land insofar as third persons are

concerned.

  • 3. of

The

act

registration creates a

constructive notice to the whole world of

such voluntary or involuntary instrument or

court writ or pr ocess.

 

VOLUNTARY

INVOLUNTARY

DEALINGS

DEALINGS

Refer to d eeds,

Ref er to such writ or

in struments, or

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by a court of record

results

of the free an

d

affecti ng registered land

voluntary acts of the

which by law should b e

parties thereto

registered to be

effective, and also to

such instruments which

are not the willful acts of

the registered ow ner

and which may have

 

been executed even

without his knowledge or

against his consent

• Sale

• Attachment

• Real property mortgage

• Injunction

• Lease

• Mandamus

• Pacto de retro sale

• Sale on execution of

• Extra-judicial settlement

judgment or sales for

• Free patent/homestead

taxes

• Powers of attorney

• Adverse claims

• Trusts

• Notice of lis pendens

An innocent purchaser for

Entry thereof in the da y

value of registered land

book o f the ROD is

becomes the registered

sufficient notice to all

owner th e moment he

persons even if the

presents and files a duly

owner’s duplicate

notarized and valid deed

certificate of title is n ot

of sale and the same is

presented to the ROD

entered in the day book

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

Need to present title to

No presentation

record the deed in registry

required; annotation in

& to make memorandum

entry book is sufficient

on title

VOLUNTARY DEALINGS

Operative Act: registratio n b y owner, if deed is not

registere d, it is binding only between parties

GENERAL RULE: Where there is nothing on

the certificate of title

to indicate any cloud or

vice in the ownership of the property, or an y

encumbrance thereon, the purchase r is not

required to explore further than what the

Torrens title upon its face indicates in quest for

any hidden defect or inchoate right that may

defeat his right thereto (Fule v. Legare, 7

SCRA 351 [1963]).

Every person dealing with registered land may

safely rely on the correctness of the certificate

of title issued therefore and the law will in no

way oblige him to g o behind the certificate to

determine the condition of the property. Even if

a decree in a registration proceeding is infected

with nullity, still, an innocent purchaser for

value relying on a Torrens title issued in

pursuance thereof is protected (Cruz v. CA &

Suzara, 281 SCRA 491 [1997]).

Although generally a forged or fraudulent deed

is a nullity and conveys no title, however, there

are instances where such a fraudulent

document may become the root o f a valid title.

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ATENEO CENTRAL BAR OPERATIONS 2007

One such instance is where the certificate of

(public instrument)

title was already transferred from the name of

the true owner to the forger, and while it

remained that way, the land was subsequently

  • 2. Registration with ROD where the lan d lies

    • a. Prese nt deed of mortgage together with

    • b. Owner’s Duplicate and affidavit of good

 

sold to an innocent purchaser (Fule v. Legare,

faith

7 SCRA 351 [1963]).

  • c. Payment of fees

EXCEPTIONS: BOB-IM-LK

  • d. ROD shall enter upon original certificate of

  • 1. Where the purchaser or mortgagee is a

title and upon duplicate a memorandum

bank/financing institution , the general rule

(date,

time of filing, signature, file number

that a purchaser or mortgagee of the land

assigned to deed)

is not required to look f urther than what

appears on the face of the title does not

apply (Dela Merced v. GSIS, 365 SCRA 1

[2001]).

  • 2. The ruling in Fule v. Legare cannot be applied where the owner still holds a valid and existing certificate of title covering the same property because the law protects the lawful holder of a registered title over

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

    • 3. No duplicate need be issued

REGISTR ATION OF CHATTEL MORTGAGE:

  • 1. Execution of document

  • 2. Present the document togethe r with affidavit of

the transfer of a vendor bereft of any

good faith

transmissible right (Tomas v. Tomas, 98

  • 3. Payment of fees

SCRA 280 [1980]).

  • 3. Purchaser in bad faith (Egeo v. CA, 174 SCRA 484 [1989])

  • 4. Sufficiently strong indications to impel closer inquiry into the location, boundaries, and condition of the lot (Francisco v. CA,

153 SCRA 330 [198 7]).

  • 5. Where a person buys land not from the registered owner but from one whose rights to the land has been merely annotated on the certificate of title (Quiniano v. CA, 39 SCRA 221 [1971]).

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

  • 7. Purchaser had full knowledge of flaws and defects in the title (Bernales v. IAC, 166 SCRA 519, [1988]).

PROC ESS OF REGISTRATION: (GENERALLY)

  • 1. File the instrument creating or transferring the

inte

rest and the certifica

te of title with ROD,

in cluding:

  • a. Owner’s duplicate

  • b. Payment of fees and documentary stamp

2.

tax

  • c. Evidenc e of full payment of real estate tax

QuickTime™ and a

  • d. Document of transf er: 1 additional copy for

are needed to s ee this picture.

TIFF (Uncompress ed) decompressor

city/provincial assessor

RO D

shall

make a memorandum on the

certificate of title, signed by him

  • 3. Issuance of the TCT

R EGISTRATION OF REAL PROPERTY

MORT GAGE:

  • 1. Execution of deed in

a form sufficient in

law

  • 4. ROD enters in Day Boo k in strict order of their presentation chattel mortgages and other instruments relating ther eto (primary process)

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

EFFE CT OF REGISTRATION:

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

  • 2. Constructive notice of his interest in the property to the whole worl d

EFFE

CT OF FAILURE TO RE

GISTER:

 

Valid

between

parties

but

void

against 3 rd

persons

 

If instead of registration, it is delivered, it shall

be a pledge and not a chattel mor tgage (if no

chattel mortgage deed executed)

 

Actual kn

owledge is same effect as registration

AFFID AVIT OF GOOD FAITH:

 

Statement that:

 

1.

Mortgage is made to secure obligation

 

specified

 

2.

That it is a valid and ju st obligation

 

3.

That it is not e ntered into for purposes of

 

fraud

EFFE

CT

O

F ABSENCE OF AFFIDAVIT OF G

OOD

 

FAITH :

 

Vitiates

mortgage

as

against

creditors

and

subsequent encumbrancers

 

Mortgage is not valid as between parties

 

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ATENEO CENTRAL BAR OPERATIONS 2007

No need to be in public document

R EGISTRATION OF LEASE

It is the lessee, not the lesso

r, who is required

to initiate the registration.

1.

F

ile

with

ROD

the

instrument

cre

ating lease

together with owner’s duplicate of certificate of

title

2. ROD to register by way of memorandum upon

 

certificate of title

 

3. No new certificate shall be issued

 

NOTE

: Wh

en there is prohibition in mortgaged

 

pr operty as regards subsequent conveyances, etc.,

lease

hold cannot be regist

ered in the title thereof

E FFECT OF REGISTRATION:

 

1. Creates a real right but without prejudice to rights

of 3 rd persons

2. If it is not registered, it is valid as between partie s

rd

 

but not to 3

persons without notice

 

M AY ALIENS REGISTER LEASE? YES

 

1.

May

be

g

ranted

temporary

rights

for

residential purposes

 

2.

Limit: 25 years, renewable for

a

nother 25

years

WH O ELSE MAY REGISTER? Builder in Good Faith

REG ISTRATION OF TRUST

 

1.

Implied Trust: present a sworn statement

claiming interest by reason of an implied trust

with description of land and reference to the

number of certificate shall be registered in

ROD

2.

Express Trust: instrument creating the trust

 

of the plaintif f

 

Kinds:

 

a.

Preliminary

 

b.

Garnishment

 

c.

Levy on execution

REG

ISTRATION

OF

LIENS:

 

1.

C

opy of writ in order t

 

or

attachment upon reg

 

filed

with

ROD where land

number

of

certificate

of

title

aff ected or description of land

2.

ROD

to

index attachment

in

whom

property

is

held

or

stands in the records

 

3.

If

duplicate of

certificate

 

presented:

 

a.

 

may be made

 
 

b.

c.

 

and place nam ed therein

 

4.

ATTACHMENT/OTHER

o preserve any lien, right,

istered land may be

lies, containing

of

land

to

be

names of both

plaintiff and defendant or name of person for

in

whose name