Chapter 1: BACKGROUND, BASIC CONCEPTS & GENERAL PRINCIPLES

Land Title evidence of right of owner or extent of his interest, by which means he
can maintain control and as a rule assert right to exclusive possession and enjoyment
of property.
Deed instrument in writing 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.

3 Stages of Development of Legal System of Transferring Titles:

1.

Production & delivery of deed by grantor to grantee without registration

2.

Deed of conveyance is recorded to bind 3rd persons

3.

Registration of title

Registration guarantees the title

1.

Grantor

2.

Grantee

3.

Words of grant

4.

Description of property

5.

Signature of grantor

6.

Witnesses

Recording does not guarantee the title; need to examine other docs
Purpose of Registration:
1.

Serve as constructive notice

2.

Prevent fraudulent claims

3.

Protect interest of strangers to transaction

Modes of Acquiring Land Titles:

Types of estates:
1.

Title by public grant conveyance of public land by government to a private

individual

2.

Title by acquisitive prescription open, continuous, exclusive, notorious

possession of a property

3.

Title by accretion alluvion

4.

Title by reclamation filling of submerged land by deliberate act and

reclaiming title thereto; government

5.

Title by voluntary transfer private grant; voluntary execution of deed of

conveyance

b. Tenancy from period to period lease running from month to month or year to year
with automatic renewal

6.

Title by involuntary alienation no consent from owner of land; forcible

acquisition by state

c. Tenancy at will person is permitted to occupy land of another without stipulation

as to period

7.

Title by descent or devise hereditary succession to the estate of deceased

owner

1. Freehold estate indicates title of ownership.

a. Fee simple absolute title; conferred without limitation, qualification or restriction
b. Fee tail pass title to grantee & his heirs
c. Life state held for duration of life of grantee
2. Less than freehold estate a right short of title
a. Estate for years lease for a period agreed upon, lessor retains ownership of land

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8.

Title by emancipation patent or grant for purpose of ameliorating sad

plight of tenant-farmers; not transferable except by hereditary succession

3.

Persons with actual notice

Procedure in Land Registration Case:

Chapter 2: TORRENS SYSTEM ORIGIN, NATURE & GENERAL
CHARACTERISTICS
Advantages:
1.

Abolishes endless fees

2.

Eliminates repeated examination of titles

3.

Reduces records enormously

4.

Instantly reveals ownership

5.

Protects against encumbrances not noted on the Torrens certificate

6.

Makes fraud almost impossible

7.

It assures

8.

9.

Keeps up the system without adding to burden of taxation; beneficiaries of

the system pay the fees
Eliminates tax titles

1.

Survey of land by Bureau of lands or duly licensed private surveyor

2.

Filing of application for registration by applicant

3.

Setting of date of initial hearing of application by RTC

4.

Clerk of court to transmit to Land Registration Authority the application,

date of initial hearing & other pertinent docs

5.

Publication of notice of filing of application, date & place of hearing in OG

and in newspaper of general circulation

6.

Service of notice contiguous owners, occupants & those who have interest
in property

7.

Filing of answer or opposition to application

8.

Hearing of case by RTC

9.

Promulgation of judgment by court

10. Issuance of decree by RTC decision; Instruct land registration authority to

issue decree of confirmation & registration

10. Gives eternal title as state ensures perpetuity

11. Entry of decree of registration in Land Titles Administration
11. Furnishes state title insurance rather than private title insurance
12. Send copy of decree to Register of Deeds
12. Makes possible the transfer of titles or of loans within the compass of hours
instead of a matter of days
Purpose of Torrens Law: quiet title to land once registered, owner might rest
secure

13. Transcription of decree of registration in registration book & issuance of the

owners duplicate original certificate of title of the applicant by the Land
registration Authority upon payment of prescribed fees.

Persons Bound When Title Not Registered:

CHAPTER 3: APPLICATION IN ORDINARY REGISTRATION PROCEEDINGS
1.

Grantor

2.

Heirs & devisees

Who may Apply:

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1.

Those in open, continuous, exclusive, notorious possession of patrimonial

property of state under bona fide claim of ownership since June 12, 1945 or
earlier

2.

Those who acquired ownership of private land by prescription

3.

Those who acquired ownership of private lands by right of accretion

4.

Those who acquired ownership in any manner provided for by law

Limitation to Ownership of Land by Corporation:

1.

Private lands

2.

At least 60% Filipino to acquire private land

3.

Restricted as to extent reasonably necessary to enable it to carry out

purpose which it was created

4.

If engaged in agricultural restricted to 1,024 ha.

5.

Patrimonial property of state

6.

Lease for 25 years renewable

7.

Limited to 1,000 ha.

8.

Apply to both Filipinos & foreign cos.

1.

Tracing cloth plan duly approved by the Director of Lands

2.

3 copies of technical descriptions

3.

3 copies of surveyors certificate

4.

All original muniments of title

5.

4 copies of certificate by city/provincial treasurer of assessed value of land

Amendments Allowed & Not Allowed

1.

Substantial change in boundaries or increase in area new technical

description necessary need new publication & notice

2.

Substitution of name of new owner file motion with court

3.

Decrease the area file motion in court

Muniment of Title instruments or written evidences which applicant hold or posses

to enable him to substantiate & prove title to his estate
Transaction Took Place Before Issuance of Decree:
1.

Record instrument in Register of Deeds in same manner as if no application

was made

2.

Present instrument to RTC, motion praying that same be considered in

relation to the pending application

Form & Contents of Application:

Transaction Took Place after Issuance of Decree:
1.

In writing & signed by applicant or person duly authorized

2.

Description of land

3.

Citizenship

4.

Civil status

5.

Full names & address of occupants & adjoining owners

What to Accompany Application:

Register directly with REGISTER OF DEEDS for purpose of canceling such

title & issuing a TCT.
CHAPTER 4: PUBLICATION, ANSWER & DEFAULT

Notice in conspicuous place in land & bulletin board of municipality 14 days

before hearing
Hearing

within 7 days after publication in OG

25 90 days from date of order

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To Whom Notice must be Sent:

1.

City/municipal mayor & provincial governor

2.

Department of Agrarian Reform, Solicitor General & Director of Lands ,

Director of Fisheries, Director of Mines

3.

Adjoining owners & those who have rights or interest thereto

Requisites of Opposition:

Risk to have application denied without losing land

Risk involves loss of land

CHAPTER 6: JUDGMENT & DECREE

Decree issued by land registration authority containing technical description of
land; issued after finality of judgment

1.

Set forth objections to the application

1.

Decrees dismissing application

2.

State interest claimed by oppositor

2.

Decrees of confirmation and registration

Final after 1 year after decree

General Default

If no person appears and answers within time prescribed

Special Default

Party appears at initial hearing without having filed an answer and ask court
for time to file answer but failed to do so within period allowed.
CHAPTER 5: HEARING & DECREE

Who Conducts Hearing:

1.

RTC

2.

Refer to referee commissioner

Proceedings for Ordinary Registration (Land registration Act) /Proceeding

for judicial confirmation of Imperfect title under the Public land act

Unless there in innocent purchaser for value

Subject only to appeal

Once final, cannot be subject to attack, deemed conclusive against the

world

3.

Put end to litigation

4.

Purpose of Torrens system is protected

Amendment after 1 year is allowed creation or extinguishment of new

rights; inclusion of new owners not allowed

Judgment decision of court constituting its opinion after taking into consideration
the evidence submitted

There exist a title to be confirmed

Land applied for belongs to the state

Court may dismiss without prejudice to file new application

1.

Against loser

Dismiss with prejudice

2.

Against anyone unlawfully & adversely occupying

Writ of Possession order to sheriff to deliver the land to the successful party
litigant; no prescription

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When Writ may not Issue:

Person entered into property after decree- non claimant; had been there for
10 years

Means to Recover Possession:

before expiration of 1 year; specific acts intended to deceive; will no longer

prosper if already transferred to innocent purchaser for value
7.

Plaintiff is owner of land registered in name of defendant

8.

Registration procured through actual fraud

Property has not issued to innocent purchaser for value

1.

Forcible entry

9.

2.

Unlawful detainer

10. Action is filed within 1 year after issuance of decree of registration

3.

Accion publiciana

4.

Accion reindivicatoria

11. Relief from judgment 60 days 6 months after entry of order; available
to party to case, FAME; after judgment; person deprived of right is party to
case

Res Judicata:

12. Reconveyance action in personam; available so long as property not

passed yet to innocent purchaser for value; bad faith or with notice of
defect

1.

Former judgment must be final

2.

Rendered by court having jurisdiction over subject matter & parties

3.

Judgment on merits

14. Person is wrongfully deprived of his land by registration in name of another

actual or constructive fraud

4.

Identity of parties, subject matter and causes of action

15. No negligence on his part

13. Recovery for damages

Remedies Available to Aggrieved Party in Registration Proceedings:

1.

Motion for new trial must be brought within 15 days from notice of
judgment

2.

Fraud, accident, mistake, excusable negligence which ordinary prudence

could not have guarded

16. Barred/ precluded from bringing an action

17. Action for compensation has not prescribed
CHAPTER 7: CERTIFICATE OF TITLE

3.

Newly discovered evidence which could not be discovered & produced at

trial

4.

Evidence insufficient to justify decision, decision is against the law

5.

Appeal must be brought 15 days from notice of judgment

6.

Review of decree of registration available to party deprived of day in

court; became non-party due to misrepresentation; invoke actual fraud;

Torrens Title certificate of ownership issued under the Torrens System of

registration by the government through road naming & declaring owner in fee simple
of property described therein free from all liens except those expressly noted.

Process:

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1.

Within 15 days from finality of order of judgment directing registration of

title court to order Land registration Admin to issue decree of registration
and certificate of title

2.

Clerk of court will send order of court & copies of judgment

3.

Administrator to issue decree of registration & original & duplicate of OCT

signed by Administrator, entered & file decree of registration in LRA

1.

File instrument creating or transferring interest and certificate of title with

Register of Deeds

2.

Owners duplicate

3.

Payment of fees & documentary stamp tax

4.

Evidence of full payment of real estate tax

5.

Document of transfer 1 copy additional for city/provincial assessor

4.

Send to Register of Deeds original & duplicate of title & certificate for
entry in his registration book

5.

Enter in record book, dated, signed, numbered & sealed take effect upon
date of entry

6.

Register of Deeds shall make a memorandum on the certificate of title,

signed by him

6.

Register of Deeds to send notice to registered owner ready for delivery after
payment of fees

7.

Issue TCT

7.

Register of Deeds shall send duplicate & note on each certificate of title to
whom it is issued

8.

Original copy to be filed in Register of Deeds; bound in consecutive order.

Voluntary dealings

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

memorandum on title.

Action for Partition, Splitting or Consolidation of Titles:

Involuntary dealings
1.

2.

Splitting or consolidation ordinary Register of Deeds level, no court

involved
Subdivision plan approval of NHA, final approval of LRA, then Register of
Deeds to issue memorandum that streets not to be disposed except by way
of donation to govt. shall be effected without approval of NHA.

Annotations at Back of Certificate need court order; otherwise null & void

CHAPTER 8: VOLUNTARY DEALINGS WITH REGISTERED LAND

Operative Act registration by owner; deed not registered binding only between
parties

No presentation required; sufficient that annotation in entry book is

sufficient

Formal requisites of a deed:

1.

Full name

2.

Nationality

3.

Place of residence

4.

Postal address of grantee or other persons acquiring or claiming interest

5.

Civil status

6.

Whether or not corporation:

Process of Registration:

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a. Register of Deeds to keep an entry book day book

2.

Real right attaches to property wherever it is & whoever holds it

b. Enter in order of reception all deeds & voluntary instruments, write & processes re
land -Year, month, day, time, minute of reception of instrument; Registered from time
of entry

3.

Accessory presupposes existence of valid principal obligation; cannot

stand alone

4.

Indivisibility even if debt is divisible; mortgage is not

5.

Inseparability mortgage lien is inseparable from property

6.

Retention of possession mortgagor retains possession

c. Fees of 5 bucks per document to be paid within 15 days

d. Note memorandum & sign & issuance of certificate
e. Documents are numbered & indexed & indorsed with reference to certificate of
title public records
f. Subject to reasonable regulation

Cost borne by vendor.

CHAPTER 9: REAL ESTATE MORTGAGE

Pacto de Retro Equitable Mortgage

1.

Price of sale with right to repurchase is usually inadequate

2.

Vendor remains in possession as lessee or otherwise

3.

Upon or after expiration of right to repurchase, another instrument

extending period /granting new period is executed

4.

Purchaser retains a part of the purchase price

5.

Vendor binds himself to pay taxes on thing sold

6.

Real intention of parties is that transaction shall secure payment of debt or

fulfillment of other obligation

Real Estate Mortgage real property/real rights secures fulfillment of an obligation

Kinds:
1.

Conventional agreed upon by parties

2.

Legal Created by operation of law

3.

Judicial results from a judgment

Real Mortgage
Subject matter is real property

4.

Equitable pacto de retro in form but mortgage in essence

Public document only

Essential Requisites:
1.

Constituted to secure fulfillment of principal obligation

2.

Mortgagor be absolute owner of thing mortgaged

3.

Person constituting mortgage has free disposal of property

Right of redemption for 1 year

Deficiency can be recovered

Chattel Mortgage
Subject matter is movable
May be in private document provided there is
faith
No right of redemption
Deficiency cannot be recovered

Execution & Registration

1.

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

2.

Registration with Register of Deeds where the land lies & take effect upon
registration

3.

Present deed of mortgage together with owners duplicate

Special Characteristics:
1.

Subject matter is realty

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4.

Payment of fees

5.

Register of Deeds shall enter upon original certificate of title & upon
duplicate a memorandum date, time of filing, signature, file number
assigned to deed

6.

7.

Register of Deeds to note on deed the date & time of filing & reference to
volume & page of registration book in which it was registered

Subsequent Dealings in Mortgaged Property

1.

May be further alienated stipulation to contrary is void

Assignment must also be registered since registration is operative act to

affect land

If not recorded valid as to parties but not to 3rd parties, right not
protected against somebody who registers & procures better right

No duplicate need be issued

Subject Matter

Owner refuses to comply within reasonable time; Register of Deeds to notify

court & court may enter order requiring owner to produce certificate

Real property plus all its accessions unless contrary is stipulated

No need to secure permission of mortgagee

Future property without legal effect

Understood unless prohibited in contract

Future improvements deemed included

1.

May be further mortgaged stipulation to contrary is void

Fruits & rents of mortgaged property deemed included

1.

Pactum commisorium not allowed

Continuing credit secured by mortgage valid

1.

Property is mortgaged

2.

There is stipulation for automatic appropriation

Forms:
1.

Private document void & inexistent

1.

Discharge

2.

Public instrument but not recorded binding between parties but not 3 rd
persons without notice

Execute public document canceling or releasing mortgaged in form

prescribed by law

3.

Public document & registered valid & binding to 3rd parties

Present instrument with Register of Deeds where land lies together with
owners duplicate for registration

Memorandum of cancellation is annotated on duplicate & original

May Mortgage be Registered Without Duplicate Title: Yes

If being withheld by the owner, Register of Deeds notifies by mail within 24

hours to registered owner:

When Mortgagor Dies

1.

Stating that mortgage has been registered

1.

Abandon security & prosecute his claim by sharing in general distribution of

assets of the estate

2.

Requesting that owners duplicate be produced so that memorandum be

made thereof

2.

Foreclose mortgage by making executor party defendant

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Allowed only if stipulation between party authorizes extra-judicial

foreclosure

Parties in Foreclosure Suit: all persons claiming interest subordinate in right to

mortgagee

Cannot be made legally outside of city where land lies

Action to Foreclose: Prescribes in 10 years (written contract)

Publication required: post notices for 20 days in 3 public places where

property lies & if property is more than P400.00, publication must be for 3
consecutive weeks in news paper of general circulation

If foreclosure by rural banks, exempt from publication in newspaper for

loans not exceeding 3,000.00

Registration of sale in Register of Deeds:

1.

Deed of sale must be supported by certificate of sheriff that said sale was
conducted accordingly stating the date, time, place of sale, names of
creditor & debtor, description of property, name of highest bidder, selling
price

3.

Foreclose it in due time

Venue: Per stipulation or in absence thereof, where the property lies

Foreclosure
1. JUDICIAL

Mortgagee to petition in court for foreclosure

Court to render order for debtor to pay sum due within 90 days and if not
paid from date of service, property be sold at public auction

Notice & Publication

2.

Present in Register of Deeds where land lies

Public auction: sale to highest bidder

3.

Memorandum on back of certificate is made

Sheriff to issue certificate confirming judicial foreclosure

4.

File with Register of Deeds final decree of court confirming sale

After expiration of 1 year of redemption period title is consolidated if no

redemption exercised: purchaser to file with Register of Deeds the deed of
sale & sworn statement attesting to fact that there is no redemption

5.

New certificate of title issued in favor of vendee

Memo entered in certificate of title

6.

If right of redemption exist, certificate of title of mortgagor not to be

cancelled but memorandum shall be entered upon the certificate duplicate &
original

If redeemed notice of redemption shall be registered & accomplished by

way of memorandum on proper certificate of title

Right of Redemption

After expiry of 1 year redemption period & no redemption, title is

consolidated to new owner

Payment of purchase price plus 1% per month plus taxes if paid by

purchaser

Purchaser to be entitled to new certificate of title & memorandum endorsed

on mortgage deed

To be exercised within 1 year after registration of sale

If there is redemption, memorandum to be annotated on certificate of title

2. EXTRA-JUDICIAL

Right to Deficiency allowed

CHAPTER 10: CHATTEL MORTGAGE

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Chattel Mortgaged personal property is registered with Register of Deeds to

secure performance of an obligation

1.

Mortgaged is made to secure obligation specified

2.

Valid & just obligation

3.

Not entered into for purpose of fraud

Subject Matter: movables

Deed of Mortgage:

Effect of Absence of Affidavit of Good Faith:

Requires only description to enable parties & other persons to identify the
subject matter

Registration of Chattel Mortgage

1.

Execution of document

2.

Payment of fees

3.

Register of Deeds enters in DAY BOOK in strict order of their presentation

chattel mortgages & other instruments relating thereto (primary process)

4.

Register of Deeds thereafter enters in a more detailed form the essential

contents of the instrument in the Chattel Mortgage Register
(complementary process)

Vitiates mortgage as against creditors & subsequent encumbrances

Valid as between parties

No need to be in public document

Assignment of Mortgage

No need to be registered, permissive only & not mandatory

Cancellation of Chattel Mortgage

Mortgagee to execute a discharge of the mortgage in manner provided by

law

Effect of Registration:
Foreclosure of Mortgage
1.

2.

Creates a lien attaches to the property whoever holds it; binding on

subsequent purchasers
Constructive notice

Sale of Chattel Without Consent of Mortgagee void; criminal act

Effect of Failure to Register:

Valid between parties but void against 3 persons

If instead of registration, it is delivered it shall be a pledge & not chattel

mortgage (if no chattel mortgage deed executed)

Actual knowledge is same effect as registration

The must first be non-payment & at least 30 days have elapsed since then

Alternatives:

1.

Judicial

2.

Extra-judicial only if there is stipulation/authority

rd

Affidavit of Good Faith: Statement That

Procedure in Foreclosure
1.

Notice posted for 10 days in at least 2 public places in municipality where

property is to be sold designating the time, place and purpose of sale

2.

Mortgagor is notified in writing at least 10 days before sale

3.

Public auction

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4.

30 days after sale, officer makes a return & file with Register of Deeds
where mortgage has been recorded

5.

Officers return operates as a discharge of the lien created by the mortgage

6.

Proceeds to be applied:

7.

Cost of sale

8.

Amount of obligation

9.

Subsequent mortgages

Aliens:
1.

May be granted temporary rights for residential purposes

2.

Limit: 25 years, renewable for another 25 years

Who Else May Register: Builder in Good Faith

CHAPTER 12: TRUSTS & POWERS OF ATTORNEY

Trust obligation of a person to whom legal title to property is transferred to hold
the property according to confidence reposed in him

10. Balance mortgagor

Recovery of Deficiency: Allowed

2 Kinds:

CHAPTER 11: LEASE

1.

Expressed need to be in writing; cannot be proved by parole evidence

Lease one of parties deliver possession of property to another who is obliged to pay
rent for use of such property.

2.

Implied exist by operation of law; can be proved by parole evidence

3.

Property is bought but paid by another party

4.

Donation is made but donee have no beneficial interest thereon

5.

Price of sale of property is loaned & conveyance is made to lender to secure

fulfillment of loan

6.

Land passes by succession to a person but legal title is put in anothers

name

7.

2 persons purchase property but placed only in ones name

8.

Guardian uses funds of ward to buy property

9.

Property is acquired thru mistake or fraud

Registration of Lease
1.

2.

3.

File with Register of Deeds the instrument creating lease together with
Owners Duplicate of certificate of title
Register of Deeds to register by way of memorandum upon certificate of
title
No new certificate shall be issued

When Prohibition in Mortgaged Property as regards Subsequent

Conveyances, etc.: Leasehold cannot be registered in the title thereof.
Effect of Registration:
1.

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

2.

If not registered valid as between parties but not to 3 rd persons without

notice

rd

Registration lessor not required to initiate; lessee shall initiate

Power of Attorney authority granted to a person to dispose ones property.

Trust Differentiated from Power of Attorney
1.

Trust has 3 parties while power of attorney has 2 parties

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2.

Trust is for benefit of 3rd party while power of attorney is for benefit of
principal

Registration of Attachment / Other Liens

1.

Copy of writ in order to preserve any lien, right or attachment upon

registered land may be filed with Register of Deeds where land lies,
containing number of certificate of title of land to be affected or description
of land

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

3.

If duplicate of certificate of title is not presented:

4.

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

5.

If owner neglects or refuses Register of Deeds shall report matter to court

6.

Court after notice shall enter an order to owner to surrender certificate at

time & place to be named therein

Registration of Trust
1.

2.

Sworn statement claiming interest by reason of an implied trust with

description of land & reference to number of certificate shall be registered in
Register of Deeds
Provided not prohibited to do so by instrument creating the trust

Appointment of Trustee by Court

Certified copy of decree shall be presented to Register of Deeds & surrender

duplicate certificate

Cancel duplicate & new certificate shall be entered by Register of Deeds

ACTION FOR RE-CONVEYANCE BASED ON IMPLIED TRUST

Prescribes in 10 years

If acknowledged in written form becomes express trust prescribes upon

repudiation

4. Although notice of attachment is not noted in duplicate, notation in book of entry of

Register of Deeds produces effect of registration already.
Effect of Registration of Attachment:

CHAPTER 13: INVOLUNTARY DEALINGS WITH REGISTERED LAND

1.

Creates real right

Involuntary Dealings transactions affecting land in which cooperation of

registered owner is not needed: it may even be against his will

2.

Has priority over execution sale

Attachment

3.

But between 2 attachments one that is earlier in registration is preferred

4.

If not registered actual knowledge is same as registration

A writ issued at the institution or during progress of an action commanding

the sheriff to attach the property, rights, credits or effects of the defendant
to satisfy demands of the plaintiff

Kinds:

1.

Preliminary

2.

Garnishment

3.

Levy on execution

Duty of Register of Deeds

Basically ministerial but may refuse registration in ff circumstances:

1.

Title to land is not in the name of defendant

2.

No evidence is submitted to show that he has present or possible future

interest in land

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3.

Unless: heir

Properties Exempt From Execution: Family Home

Attachment How continued, reduced or discharged

Document to be registered

1.

EXECUTION SALE

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 land
lies

Register in registration book & memorandum upon proper certificate of title

as adverse claim or as an encumbrance

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

attachment

2.

TAX SALE

Sale of land for collection of delinquent taxes and penalties due the
government
In personam (all persons interested shall be notified so that they are given
opportunity to be heard)

Notice to be given to delinquent tax payer at last known address

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 main entrance of provincial building

Sale cannot affect rights of other lien holders unless given right to defend
their rights: due process must be strictly observed

Tax lien superior to attachment

But sale of registered land to foreclose a tax lien need to be registered

Procedure of Registration of Tax Sale:

1.

Officers return shall be submitted to Register of Deeds together with

duplicate title

2.

Register in registration book

3.

Memorandum shall be entered in certificate as an adverse claim or

encumbrance

4.

After period of redemption has expired & no redemption (2 years from

registration of auction sale) cancellation of title & issuance of new one

5.

Before cancellation, notice shall be sent to registered owner: to surrender

title & show cause why it shall not be cancelled

Any method sufficient in law

No need to register tax lien because it is automatically registered once the

tax accrues

Actual Knowledge is Equivalent to Registration

Adverse Claim
1.

Make a statement in writing setting forth alleged interest, from whom

acquired, how acquired, no of certificate of land, name of registered owner,
description of land in which right/interest is claimed signed & sworn to

2.

Statement shall be entitled to registration as adverse claim on certificate of

title

3.

Effective for 30 days from date of registration

4.

After 30 days, may be cancelled by filing of verified petition by party in

interest

Any party may petition in court to cancel adverse claim

Court to grant speedy hearing

If adverse claim is adjudged invalid may be cancelled

5.

No 2nd adverse claim based on same ground shall be registered by same

claimant

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

insolvency proceedings

CHAPTER 14: REGISTRATION OF LIS PENDENS

Judgment / Order Vacating Insolvency Proceedings
Purpose: keep subject matter within the power of the court until the entry of final
judgment

Therefore creates merely a contingency & not a liens

Order shall also be registered

Surrender title issued in name of assignee & debtor shall be entitled to

entry of new certificate

Effect of Registration:
1.

2.

2.

GOVERNMENT IN EMINENT DOMAIN

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

Copy of judgment file in Register of Deeds which states description of

property, certificate number, interest expropriated, nature of public use

Register of Deeds duty bound to carry over notice of lis pendens on all new
titles to be issued

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

Cancellation of Lis Pendens:

1.

Before final judgment court may order cancellation after showing that
notice I sonly for purpose of molesting an adverse party or it is not
necessary to protect rights of party who caused it to be registered

CHAPTER 15: TRANSMISSION BY DESCENT AND DEVISE

When Owner of Property Dies testate or intestate,

2.

Register of Deeds may also cancel by verified petition of party who caused
such registration

Administrator shall file with Register of Deeds registration of property in his

name to be vested with ownership as trustee so he can sell, etc, convey, etc

3.

Deemed cancelled when certificate of clerk of court stating manner of

disposal of proceeding is registered

Not necessary if already empowered in the will

Notice of Lis Pendens is an Involuntary Transaction

Sufficient that there is entry in day book

Other Parties who Need to Register:

1.

ASSIGNEE IN INVOLUNTARY PROCEEDING FOR INSOLVENCY

Duty of the officer serving notice to file copy of notice to Register of Deeds
where the property of debtor lies

Assignee elected or appointed by court shall be entitled to entry of new

certificate of registered land upon presentment of copy of assignment with
bankrupts certificate of title (duplicate)

When Judicial Proceeding Not Necessary

Heirs may partition estate immediately & no need to be burdened with

cost/expenses of an administrator

1.

In absence of debts

2.

Heirs are all of legal age

Partition / Settlement of Estate

1.

JUDICIAL

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After entry of final judgment of partition, copy certified by clerk of court to

be filed with Register of Deeds

Each owner to gave separate certificate of title (duplicate)

If ordered to be sold, purchaser shall be entitled to a certificate of title

entered in his name upon presentment of order confirming sale

2.

EXTRAJUDICIAL

3.

Decedent died intestate

4.

No debts

5.

Heirs are all of legal age, or minors represented by guardian

Heirs to execute public instrument to be filed with Register of Deeds

If disagree with each other, file in court ordinary action for partition

If there is only 1 heir, may adjudicate to himself entire estate via affidavit to
be filed with Register of Deeds

If there is movables involved, bond to be filed equivalent to value of

property as certified under oath by parties conditioned upon payment if any
just claim which may be filed by creditor within 2 years after distribution

Publication in newspaper of general circulation for 3 weeks; not binding to

those without notice

Final after 2 years

Executor required to file with Register of Deeds a certified copy of his letters
of administration or the will if there is a will in order that Register of Deeds
may register upon certificate a memorandum with reference to file no &
date of filing

Court Authority Needed in Order to Sell

1.

May be dispensed with if will empowers him sell

2.

Without authority first secured, heir may sell subject to result of pending
administration

CHAPTER 16: ASSURANCE FUND

State creates a fund for the compensation of persons injured by

divesting/cutting off of rights due to the indefensibility of title; following
that act of registration is operative act by which State transfers title;
created to relieve innocent persons from harshness of doctrine that
certificate of title is conclusive evidence of an indefeasible title to land.

Upon entry of certificate in name of owner or TCT, of 1% shall be paid to

Register of Deeds based on assessed value of land as contribution to
assurance fund; if no assessment yet, sworn declaration of 2 disinterested
persons subject to determination by court.

Money shall be under custody of the National treasurer; invest it until P+I
aggregates to 500,000, excess shall be paid to the Assurance Fund; annual
report of Treasurer to Secretary of Budget.

Who is Entitled:
1.

Claimant must be owner, purchaser or encumbrancer in good faith who

suffered actual damage by loss of land; in short he is deprived of his land
or interest therein

2.

No negligence attributable to him

3.

Claimant is barred from filing action to recover said land

4.

Action to recover from assurance fund has not prescribed

Oral Partition, When Deemed Valid

In provinces when person dies leaving property not covered by Torrens

system to avoid legal expenses, heirs make a list of property, pay off
debts & assign to each

Statute of frauds do not operate because it is not a conveyance but a

separation of property and designation of part which belongs to them

Wills and Letters of Administration

Loss/Damages Should Not be Due to Following Reasons:

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1.

Breach of trust

2.

Mistake in resurvey resulting in expansion of area in certificate of title

1.

Any court of competent jurisdiction RTC in city where property lies or

resident of plaintiff

2.

Action prescribes in 6 years from time plaintiff actually suffered loss

3.

If plaintiff is minor, insane or imprisoned has additional 2 years after

disability is removed to file action notwithstanding expiration of regular
period

Loss/Damages Should be Due to the Following Reasons:

1.

Omission, mistake, misfeasance of Register of Deeds or clerk of court

2.

Registration of 3rd persons as owner

3.

Mistake, omission, misdescription in certificate of title, duplicate or entry in

books

4.

Cancellation

Against whom Action is Filed:

1.

Action due to deprivation of land due to mistake, negligence, omission of

Register of Deeds, etc Register of Deeds and National Treasurer as
defendants; Sol-Gen must appear

2.

Private persons involved should also be impleaded

Liability:
1.

Satisfy claims from private persons first

2.

When unsatisfied secondary liable is the National Treasurer who shall pay
thru assurance fund; thereafter Government shall be subrogated to rights of
plaintiff to go against other parties or securities

Measure of Damages:

Based on amount not greater than fair market value of land

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

standing fund

If fund is not sufficient, National Treasurer is authorized to make up for

deficiency from other funds available to Treasury even if not appropriated

Where and When to File Action against Assurance Fund:

CHAPTER 17: PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION

1.

Lost Duplicate Certificate

Sworn statement that certificate is lost to be filed by person in interest with

Register of Deeds

Petition to court for issuance of new title

After notice and hearing court to order issuance of new title with
memorandum that it is issued in place of lost certificate (duplicate)

If false statement: complex crime of estafa thru falsification of public

document

2.

Adverse claim in registered land

Whoever claims a better right or interest in a land adverse to the registered

owner shall make written statement alleging his right, how and when
acquired with description of land

Statement to be signed and sworn to

Entitled to registration as adverse claim noted on certificate of title

If there is petition speedy hearing, determine validity of adverse claim

May be cancelled without court order; effective only for 30 days

After cancellation, no adverse claim on same ground may be registered by

same claimant

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1.

Adverse to registered owner

Grounds:

2.

Arises after original registration

1.

New interest not appearing on the instrument have been created

3.

Cannot be registered under provisions of land registration act

2.

Interest have terminated or ceased

To be made on original certificate, to the duplicate is not necessary because

no access

3.

Omission or error was made in entering certificate

4.

Name of person on certificate has been changed

Contracts of lease, contract to sell but prescription and money claims are
not allowed

5.

Registered owner has married

6.

Marriage has terminated

7.

Corporation which owner registered land has dissolved and has not
conveyed the property within 3 years after its dissolution

What corrections are permitted in title (which does not include lands
included in original; technical description as long as original decree of
registration will not be reopened and rights or interest of persons not
impaired; old survey was incorrect; substitution of name of registered
owner)

1.

Alteration which do not impair rights and

2.

Alteration which impair rights with consent of all parties

3.

Alterations to correct obvious mistakes

5.

Reconstitution of original certificate of tile

As consequence of war records have been destroyed

Purpose: measure designed to protect the interest of a person over a

property where registration is not provided for by the land registration act;
serve as notice and warning to persons subsequently dealing on said land

Different with lis pendens: permanent; can only be removed after hearing is
done but adverse claim is only for 30 days: lis pendens notice that
property is in litigation; adverse claim; somebody is claiming better right

Recent ruling: adverse claim can only be removed upon court order

3.

Petition Seeking Surrender of Duplicate Title

In voluntary and involuntary conveyances when duplicate cannot be

produced, petition in court may be filed to compel surrender of certificate of
title duplicate to Register of Deeds

After hearing, may order issuance of new certificate and annul the old
certificate; new certificate shall contain annotation re annulment of old
certificate

4.

Amendment and Alteration of Certificate of Title

When reconstituted have same validity as old title

A certificate of title cannot be altered, amended except in direct proceeding

in court; summary proceeding

Can only be done judicially by filing a petition for reconstitution with RTC

Entries in registration books also not allowed to be altered except by order

of the court

To be published in OG for 2 cons issues and on main entrance of

municipality at least 30 days before hearing

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In rem proceedings

5.

Forging of seal in Register of Deeds, name, signature or handwriting of any

officer of court of Register of Deeds

Court to order reconstitution if it deemed fit; issue order to Register of

Deeds

6.

Fraudulent stamping or assistance in stamping

Lack of essential data fatal

7.

Forging of handwriting, signature of persons authorized to sign

8.

Use of any document which an impression of the seal of the Register of

Deeds is forged

9.

Fraudulent sale: sale of mortgaged property under the misrepresentation

that it is not encumbered; deceitful disposition of property as free from
encumbrance: imprisonment of 3 years or fine not exceeding 2,00 or both
at discretion of court

6.

Transaction evidenced by lost document how registered

Register of Deeds forbidden to effect registration of lost or destroyed

documents

Steps by interested parties:

1.

Procure authenticated copy of lost or destroyed instrument

2.

Secure an order from court

CHAPTER 18: FEES, OFFENSES, PENALTIES

In connection with original and subsequent registration of lands payable

to Clerk of court, Register of Deeds, sheriff

Full payment of fees prerequisite to registration: at least the entry fee of

5.00, rest of the fees due payable within next 15 days

Offenses:
1.

Larceny

2.

Perjury false statement under oath

3.

Fraudulent procurement of certificate: fine of not more than 10,000 or

imprisonment of 5 years or both in discretion of court

4.

Forgery: fine of not more than 10,000 or imprisonment of 10 years or both

in discretion of court

CHAPTER 19: REGISTRATION OF PUBLIC LANDS

Public Lands all lands owned by the government

Inalienable and alienable

Inalienable public domain: timber and miner lands

Alienable/ Disposable

public agricultural land

Public land may be alienated, conveyed to private person.

Procedure:
1.

Official issuing instrument of conveyance to issue instrument

2.

File instrument with Register of Deeds

3.

Instrument to be entered in books and owners duplicate to be issued

4.

Instrument only contract between Government and private person and

does not take effect as conveyance if unregistered, it is registration which is
operative act of conveying land; evidence of authority for Register of Deeds
to register

5.

Fees to be paid by grantee

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6.

After issuance of certificate of title, land is deemed registered land within

the purview of the Torrens system

5.

Town sites and for public and quasi-public uses

6.

Timber lands inalienable

7.

Mineral lands inalienable

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

Nature of Title to Public Lands conveyed: Indefeasible and Conclusive

In absence of registration, title to public land is not perfected and therefore

not indefeasible

In case of 2 titles obtained on same date one procured thru decree of

registration is superior than patent issued by director of lands

Not subject to acquisitive prescription; even if in possession for long time,

will not ripen into ownership

2 titles procured by one person one from homestead patent, one from
judicial decree & sold to 2 diff persons, one who bought it for value and in
good faith & one who register first shall have preference.

Except: mineral lands and forest lands acquired before inauguration of

Commonwealth in November 15, 1935; vested rights which are protected.

Classification of Land of Public Domain:

Fishponds

Classification is exclusive prerogative of executive & not by judiciary

Before: included in definition of agriculture, conversion of agricultural land to

fishponds does not change character of land

Anyone who applies for confirmation of imperfect title has burden of proof
to overcome the presumption that the land sought to be registered forms
part of public domain (Regalian doctrine).

Now: restricted meaning; fishponds has distinct category; cannot be alienated but
may be leased from government.

Under the Constitution:

1.

Agricultural only one subject to alienation

2.

Forest or timber

3.

Mineral lands

4.

National park

Under the Public Land Act:

1.

Alienable/disposable

2.

Agricultural

3.

Residential, commercial, industrial

4.

Educational, charitable

Director of Lands

Quasi-judicial officer

Findings of fact conclusive on higher court with absence of fraud, mistake

other than error of judgment; but not with regards to finding of law

Empowered to alienate and dispose lands

Modes of Alienating Public Lands:

1.

Homestead settlement

2.

Sale

3.

Confirmation of imperfect or incomplete title

4.

Judicial legalization

5.

Administrative legalization

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Lease not included since lease does not transfer ownership; free-title grant:
free distribution of public lands to encourage people to cultivate;
government furnishes the applicant with tolls plus cash allowance to enable
him to cultivate

Confirmation of Imperfect Title:

1.

Last extension granted by Government was until December 31, 1987

2.

Right made available to person qualified to acquire alienable and disposable

public land thru open, continuous, exclusive, notorious (OCEN) possession
under bonafide claim of ownership since June 12, 1945.

3.

Prior to transfer of sovereignty from Spain to US, have applied for purchase
but did not receive title, without default on their part provided they have
occupied since their application

4.

In OCEN possession since June 12, 1945 or earlier

5.

Members of cultural minorities in OCEN who has claim of ownership for at

least 30 years

Max Land that can be Applied: 144 hectares

In case of foreigner, sufficient that he is already Filipino citizen at the time

of his application

Corporation who has less 60% Filipino ownership cannot apply confirmation
of imperfect title; can only lease

Persons Competent to Question Land Grant

Persons who obtained title from State or thru persons who obtained title
from State

PATENT

3.

Actual physical possession, open & continuous

Land ceased to be part of public domain & now ownership vests to the
grantee

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

Upon registration, title is indefeasible

Title Issued Pursuant to Registration of Patent

1.

Indefeasible when registered, deemed incorporated with Torrens system;

1 year after issuance of patent

2.

May not be opened one year after entry by Land Registration Authority;
otherwise, confusion, uncertainty & confusion on government system, of
distribution of public lands may arise & this must be avoided

Except: annullable on ground of fraud, may be reopened even after 1 year because
registration does not shield bad faith

Court in exercise of equity jurisdiction may direct reconveyance even

without ordering cancellation of title

Aim of Homestead Patent:

Benevolent intention of government to distribute disposable agricultural

land to destitute citizens for their home and cultivation

As a matter of public policy, may be repurchased even if after 5 years

provided not for profit

Right of repurchase not allowed if sold within family & not for cultivating or
living but for speculation purpose

Restrictions:

When is Government Grant Deemed Acquired by Operation of Law:

1.

Deed of conveyance issued by government patent/grant

2.

Registered with Register of Deeds mandatory: operative act to convey &

transfer title

1.

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

2.

Cannot be liable for satisfaction of debt within 5 years after approval of

patent application

3.

Subject to repurchase of heirs within 5 years after alienation when allowed

already

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4.

No corporation, partnership, association may acquire unless solely for

commercial, industrial, educational, religious or charitable purpose or right
of way subject to consent of grantee & approval of Secretary of Natural
resources

Ordinary registration is slow for lack of initiative on part of landowners,

innovation was conceived to hasten and accelerate registration

Government initiates that all lands within a stated region are up for
registration whether or not owners are interested to settle their titles

Exceptions:
1.

Action for partition because it is not a conveyance

2.

Alienations or encumbrances made in favor of the government

Erred Homesteader not Bared by Pari Delicto

Pari delicto rule does not apply in void contract

Violation of prohibition results in void contract

Action to recover does not prescribe

Homesteader

If he dies, succeeded by heirs in the application

Legal Restriction in Disposition by Non-Christians (Cultural MINORITIES)

Nature of Proceedings:

In rem

No defendant & no plaintiff

Compulsory

Procedure:
1.

Cadastral survey

In opinion of Phil president pursuant to requirement of public interest, title

of land within a specified area needs to be settled and adjudicated

Order Director of Lands to make survey and plan

Director gives notice to persons claiming interest in lands & to gen public of
day of survey published in OG and posted in conspicuous place on lands
to be surveyed

Conveyance is valid if able to read and can understand language where

deed is written

Geodetic engineers commences survey

Otherwise, not valid unless approved by Commission on National

Integration

During survey, boundaries are marked by monuments

Safeguard is to protect them against fraud/deceit

2.

Filing of petition

After survey and plot been made, Director represented by Sol Gen institutes
cadastral proceeding by filing petition in court against holders, claimants,
possessors, occupants

Parcel of lots given their cadastral numbers

3.

Publication of notice of hearing

Court to order date of hearing

CHAPTER 20: CADASTRAL REGISTRATION PROCEEDINGS

Purpose:

Another means to bring lands under operation of Torrens System

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LRA to notify public by publishing notice 1x in OG and 1x in newspaper of

general circulation & copy mailed to person whose address is known & other
copies posted in conspicuous place designated bylaw

7.

Issuance of decree and certificate of title

Upon order of court, LRA to enter decree of registration

Decree made basis for issuance of OCT

Decree are now being directly prepared and issued on regulation forms of
such certificate

4.

Filing of answer

Any person claiming interest in any part of lands subject to petition is

required to file answer

Answer must give the ff details:

1.

Age of claimant

2.

Cadastral number of lot claimed

3.

Name of barrio or municipality where lot is located

4.

Name of owners of adjoining lots

5.

If in possession & without grant no of years in possession

6.

If not in possession state interest claimed

7.

If assessed of taxation assessed value

8.

Any encumbrances affecting said lots

9.

Hearing of case

In any convenient place where land lies

Like an ordinary RTC trial

Conflicting claims are determined

Lots claimed are awarded to persons entitles if they could prove title

Survey

If none could prove title land is declared public domain

As to risk

6.

Decision

When can Cadastral Proceedings may be Opened

Claimants are notified of decision

Nature of Title Covered by 2 Acts:

Title in good faith & for value

Errors in plan does not annul decree of registration

Cancellation & correction is permitted

Land Already Registered

Jurisdiction is limited only to correction of technical errors

Court cannot issue decree on land already decreed

Revision of decree allowed when substantial rights are not impaired; what is
prohibited is registered land to be registered again in name of another

Jurisdiction subsist to all incidental matters

CADASTRAL PROCEEDING COMPARED TO ORDINARY REGISTRATION

Party Initiating
Subject Matter
Ownership

CADASTRAL
Government
Private and Public
Government does not assert ownershipInterested
only in settlement of titles
Government undertakes survey and advances
expenses
In absence of successful claimant, property goes to
government

ORDINARY
Private Individual
Private Lands
Ownership is Asserted
On account of owner

Applicant has another chanc

dismissal is without prejudic

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10 years up to Dec 31, 1968

Subsequent dealings also valid if recorded

Unable to file their claim even while in possession granted right to petition
for reopening of proceedings provided such were not alienated, leased or
disposed by government

Register of Deeds keeps day book & a register; index system is also kept

Procedure:

1.

Presentment of instrument dealing in unregistered land

2.

If found in order registered

CHAPTER 21: SYSTEM OF REGISTRATION FOR UNREGISTERED LANDS

3.

If found defective registration is refused writing his reason for refusal

System of registration for unregistered land under the Torrens System (ACT
3344)

https://lawphilreviewer.wordpress.com/tag/land-titles/

Before: covers voluntary dealings, now includes involuntary dealings

Effect if prospective; binds 3rd persons after registration but yields to better
rights of 3rd person prior to registration (limited effect to 3 rd parties)

Reason: no strict investigation involved

Cadastral Court does not Award Damages, But may Direct Sheriff to Deliver
Possession

Provisions of land registration act applicable to cadastral proceedings

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