Shauna Herrera LAND TITLES AND DEEDS-J.

SERRANO 2012 July 26, 2012 LECTURE NOTES HEIRS OF MANUEL ROXAS vs MAGUESUN 2parcels of land 1.4 hectares The basis ofcapplication of registration Corporation purchased from zenaida mellissa purchased from trinidad roxas Petition did not mention name of trinidad as occupant or person with interest because zenaida mellissa allegedly purchased from tribidad What happened? Publication of notice of news weekly Not a newspaper of general circulation in the phil Notice of initial hearing was only addressed to leon jose gil and leon luna--given copies of initial hearing The case proceeded and rendered judgement in favor or maguesun Caretaker to vacate land trinidad learned of alleged sale in favor of maguesun Filed to reopen decree of registration Whether trinidad we deprived of property thru actual fraud? Was there actual fraud? Sc ruled it defined the meaning of actual fraud Actual fraud-2 kinds: actual or constructive Other terms used for actual fraud: positive and extrinsic fraud Sc actual fraud or positive-intentional deception ; concealment of a material fact Constructive fraudExtrinsic or actual fraud-where prevents a party from having a trial or from presenting its entire case; matters not to judgement itself but matter it is procured Intrinsic-constructive-fraudulent acts to pertains to an issue involved in the original action; acts could have been litigated therein Yes there is because there is an intentional deception or concealment of material fact What was concealed? Trinidad roxas was an occupant of the land. Why is it a material fact? Because under sec15, the names and addresses must be alleged in the application--occupants and adjoining land owners Because it is required by law to be stated then there is concealment of a material fact because it deprived a person of his right to receive notice; right to due process of law Right to due process of law Intentional deception through concealment of a material fact Extrinsic or actual fraud Petition to reopen the decree of registration was granted

One of lawyers failed to object a forged document: The court will admit that under the rules of evidence Basis then court renders judgement THERE WAS FRAUD-not actual fraud because fraud happened inside trial Were you deprived of notice and hearing? No! Deprived of a good lawyer! :)) Not a basis because fraud is intrinsic not actual Perjure witness: lawyer fails to expose. Yes there is fraud-intrinsic fraud-it happened within trial In contrast, lawyers of parties agree that lawyer will not appear, yes there is fraud. Actual or extrinsic because he was deprived of his day in court. Not represented in trial Lawyer gives money to treasurer of court-do not send it to oppositorHe was not able to appear and participate To the manner in which it is procured, procured through under the table through bribery Annulment of judgement under rule 47-lack of jurisdiction Hw reconveyance Petition for certiorari Mirror doctrine

August 23, 2012 LECTURE NOTES RECONVEYANCE AND DAMAGES Remedy of reconveyance After the 1yr from the issuance or entry fo decree of registration It becomes controvertibel Whats the next remedy? Action for reconveyance What is this action? When land has been wrongfully under the torrens system And for as long as title stands in the name of the person or real owner prejudiced ther is equitable remedy of reconveyance In the. Ase of labanon vs labnon 160711gr no Sc said that the. Re possesion of cert of title under the torrens does not make ppossessor ture owner of all property described therein It is evident that the petitioner owns the property in quesitons Remedy of land owner's propert is erroneuolsy registered after 1yr after decree Bt respecting the decree as incontrovertibel and no longer open to review for reconveyance Decree of reg is already respected as incontrovertible

Shauna Herrera LAND TITLES AND DEEDS-J. SERRANO 2012 Ask court be property be reconveyed or transferred; action for reconveyance However there is a proviso that the and has not yet been transferred to an innocent ourchaser for value Next available remedy: action for damages Essence: decree of reg is respected is incontrovertible One with a better right Remedy? It is an ordinary civil action Action in personam/personal action Case between larties; plaintiff and defendants Who ar ebound? Only parties to the case My the land be solved by the defendant? Yes. He hAs the title eh. Danger there because it may be considered to be transferred to innocent purchaser for value What is your remed? Damages so thT it cannolt be transferred to ipv Petition for annontation of notice of lispemdence-land is the subj of pending case therefore any person will be notified of the attending case sec76-77 You also file with the register of deeds So that he would be bound by the judgement rendered by court in action fro reconveyance Reconveyance may be asserted in a counterplainagainst plaintiff in the same proceedings When may the action be filed? After 1yr from entry of decree Where? Rtc having territorial jurisdiction of land 4 grounds 1. Cntractual fraud-as a ground of annulment of contract-voidable- may be the cause 2. Breach of express trust-agreement bet trutor and trustee and beneficiary-trust is created 3. Implied 3. Void contract Prescription depending on the basis of the action Express trust- not prescriptible as long as the land remains in the name of trustee Void contract-imprescriptible/not subject to prescription assigns and manalo vs canlas Lacsamana vs ca Fictitious deed of sale. The signature of seller in the deed of forms Void ocntract-no consent-requisites ofcalid contract What about based on voidable? Fraud? YES. 4yrs from discovery of fraud from registration or issuance of certificate of title Fraud-no trust created between the eprson responsibel for fraud and real ower Implied trust 2 kinds-resulting trust and constructive trust-both may be an action for reconveyance-prescription applicable? YES but the ruling is subject to exceptions Implied-10yrs-applies if plaintiff is not in actual possession of property Ex of implied trust: marquez vs ca Father misrepresented that he was the ony heir of his deceased wife although thhey have children who are still alive Sc : a constructive trust was created art1456 In order to prevent unjust enrichment He deprived his children of property owned by wife Hw can they recover? Thru an actionfor reconveyance basis? Constructive trust or implied trust-prescriptive period? 10yrs from issuance of cert of title When it was issued in the name of trustee under an implied trust Only 9yrs had expired from the title was issued to marquez. Nt yet prescribed Qualification: if the plaintiff is still in actual possession of v gr144225 Sc an action fro recon prescribes in 10yrs. The 10yr applies only there is actual need to reconvey the property as the plaintiff is not in possession of the property What is required? Need to reconvey.10yrs Plaintiff in poossession-no need to reconvey Does not run against the plaintiff In such a case, an action will be a suit for quieting of title What are the actions not subject to prescription? 1. Express trust as long as the name is in trustee 2. Based on void contract der the civil code 3. Fraud as voidable contract 4. Implied trust if the plaintiff is not in popssession of the landor property If it is inpossession of plaintiff, period of prescription does not run Prvided that land has not yet been transferred to ipv Acrion for recon is no longer available What remedy? Action for damages Against oerpetrator of fraud Requisites 1. Person was unlawfully deprived of title by reg No negligence n the part of claimant He is barred from recovering the land by recon The action has not prescribed Concept of status of ipv Sec32 A petition to reopen or review will not be available e en if there is actual fraud if it is already trasnferred to ipv; same as recon The concept of ipv also applies in the ca of doctrine that it may be the root of Hw sps mathay vs ca 115788 39-56; 112 Sec32par2 Ipv whenevr...includes lessee mortgagee or encumbrancer for value Law recognizes the staus as ipv

Shauna Herrera LAND TITLES AND DEEDS-J. SERRANO 2012 Ipv-legarda vs ca Purchaser in good faith and for falue-he is one who buys property of another without notice that some other person has aright to ir interest in such property that pays in full price blahblah Goodfaith consists in an honest intention in taking anuncnsentious advantage over nother Innocent purchaser for value Purchaser-innocent lessee, mortgagee-does not acquire title: he is not purchaser but it is included in sec32, encumbrancer for falue-attaching creditor or a judgment creditor Innocent/purchaser in gf-person does not have knowledge or notice that some other person has a right to or interest in the porperty Actual knowledge is equivalent to registration For value-it must pay a fair price and fully paid Fair price-knowing the market value of property Purchase price must be fully paid at the time lf the purchase In the case of sps mathay vs ca reiterated As a rule he who aserts the status of purchaser in gf has burden of proving such assertion Can a buyer just say i have a resumption in gf? Everyone is presumed in good faith. Can you invoke that? YOU CAN NOT INVOKE the presumption that you acted in gf. Yu have to prove by evidence that youre an ipv. Cannot rely on the action that you are in gf Cannot be dsicharged by mere invocation of gf. You have to prove that you do not have no notice or right to or interest in the property Mirror Doctrine Significance: can you see your face? Possible.why do you want to see your face? To know the condition by looking at the mirror Yu use mirror to find out the status and condition of your face And by using the mirror do you need to go beyond the mirror? No. The mirror is equivalent to cert oftitle why? Tells you the status and condition of thebland how? Principle that only liendps and encumbrances if they are noted i the title If not noted, no claim or interest of a third persn Can you rely on cert of title without lienap and encumbrance? Yu are considered in good faith Mirror doctirine -purchaser in good faith Ha the right to tely n the certificate of title If there are such rights indicated in the title Principle: every person dealing with reg land may safely rely on the correctness of titled issued therefore and the law may oblige him to go beyon to know the status and condition of the property-relied to an innocent purchaser in good faith correlate with sec44free fom liens and encumbrances except those noted or those liens reserved by law Exceptions to the mirror doctrine 2 1. When the party has actual knowledge of facts and circumstances that to make such inquiry to induce a prudent man to inquire such title 2. Omegan vs pnb: does not apply to banks or financial institutions The business of a bank one affected with public interest Bank has to investigate the collaterals of a perspective borrower; bank cannot invoke the mirror doctrine 161319 jan23, 2007 Certificate of title -cert of ownership issued by reg of deeds under the torrens blahblah It declares the owner free from all liens and encumbrances or those noted therefore Serrano et al vs sps gutierrez 162366 nov10, 2006 Sc: cert fo title best proof of ownership on a piece of land Sps camara vs malabao: declaration of property cannot defeat a cert of title as the latter is the absolute and indefeasible evidence of ownership INDEFEASIBLE How id this issued? Sec39 in relation sec31-32 After judgment Court order Duplicate: owner's duplicate of cert of title-reg owner Orig copy: register of deeds Shall be filed in the register of deeds and bound in cnsecutive order Together with similar cert of title ans those bounds shal consistute book of registry-sec42 Owned in common-co-owner's duplicate cert oftitle Sec41- voluntary transaction lke sale, mortgage-all must be surrendered for purposes of registration After the issuance of orig, the land subject of ovluntary or involuntary transactions-it will be cancelled; issued to the buyer Transfer cert of title-sec43 How many times? Once because subsequent transaction-transfer certificate of title What should be stated? Sec45 Name civil status, name of spouse Title-technical description of title As evidence of title: shows the status and person whom title is vested *******what is the rule if 2 cert o title are issued in the name of 2diff persons covering the same title land? 1st rule: the person whose cert of title bears an earlier date prevails Primus tempore focio jure: first in time stronger in right Sec49-50 Splitting and consolidation of titles

Shauna Herrera LAND TITLES AND DEEDS-J. SERRANO 2012 A person owns a big parcel of land and is covered by one land but. Wants to subdivide so each have cert of title:SUBDIVISION Procedure: written request to register of deeds and submit a duly approved subdivision plan Wo should approe? Depends if it is simple or complex Get it after a survey Describe each lot will have its own technical description-distinct cert o title Simple-7 cert of titleComplex-more than 7;8 and above-housing land hues regulatory board Cnsolidation-owner of several lotsWhat should be filed? Written request filed in the registry of deeds and submission of approved consolidation plan approved by lra May not order or change any modification or amendment or any decree or plan under the torrens system nor order cancellation of said certifcate of title Sec48-direct and collateral attack Dealings with reg land-sec51