Guide LTDARBO

Atty. Enan B.
Orceo
Discussion Guide
Land Title and Deeds
Introduction
I.
A. Land Administration
B. Government Agencies Involved in Land Administration
C. Public and Private Lands
1.
Public Domain Lands
2.
Private Domain Lands
C. Land Titles and Land Registration

1. Title as Naked Right of Ownership
2. Titled Land as Registered Land
3. Untitled Land as Unregistered Land
Land Ownership in the Philippines
II.
A. Pre-Spanish Concept of Land Ownership

B. Spanish Period
1.
Ownership of Lands by Discovery
2.
Land Titles Issued during the Spanish Period
3.
Spanish Mortgage Law
C. American Period
1. Treaty of Paris of 1898 Between the U.S. and Spain
2. Philippine Bill of 1902 (First Constitution)
III. Land Classification

A. Definition
B. Laws Relating to Land Classification
1. Agricultural Lands - Commonwealth Act No. 141 (Public Land Act)
2. Forest Lands - Presidential Decree No. 795 (Revised Forestry Code)
3. Mineral Lands - Republic Act No. 7931 (Mining Act of 1995)
4. National Parks - Republic Act No. 7598 (National Integrated Protected
Area System Act)
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C. Rules on Land Classification

1. Classification describes the legal nature not the natural state of the
land
2. Executive Department determines land classification (CA No. 141 and
PD No. 705)
3. Congress has the power to reclassify of land (Section 4 of Republic Act
No. 6657)
4. Congress will determine the final forest line
5. Disposition of public lands limited to agricultural lands;
D. Classification of Lands
1. Criteria in Land Classification
2.
Lands of the Public Domain
3. Agricultural lands.
4. Forest Land
5. Mineral Lands
6. National Parks
IV. Identifying Lands - Survey and Mapping

A. Basic Concepts in Land Surveys and Mapping
1.
Land Survey
2.
Survey Maps
3.
General Uses:
4.
Use for Property Identification
B. Government Agencies with Land Survey and Mapping Functions

1.
Department of Environment and Natural Resources
2.
National Mapping and Resource Information Agency (NAMRIA)
3.
Land Registration Authority (LRA)
4.
Local Governments
C. System of Land Survey and Mapping in the Philippines

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1.
Persons Authorized to Conduct Land Surveys
2.
Defining Legal Boundaries
3.
Survey Authority and Survey Order
4.
Cadastral and Isolated Surveys
5.
Narrative Technical Descriptions
6.
Survey Maps and Records
7.
Court Determination of Land Boundaries
IV. Modes of Acquiring Title to Public Lands

A. Ownership of land must be traced to a government land grant
1. Direct Grants (Homestead, Sales, Free Patent)
2. Indirect Grants (Prescription, Accretion and Accession)
3. Land Grants Excludes Minerals
B. General Conditions Necessary for the Issuance of a Land Patent (Direct
Grant)
1. Alienable and Disposable Lands
2. Surveyed and Delineated
3. Not for Public or Quasi-Public Use or Appropriated by the Government.
4. Not private lands
5.
Restrictions and limitations on Transfers of Land Patents
6.
Area limitation under the Constitution and the law
6.
Qualification of Applicant
C. Public Land Grants in Agricultural Lands

1. Homestead - Title II, Chapter III, Sections 12 to 21 of Commonwealth Act
No. 141
2. Sales - Title II, Chapter IV, Sections 22 to 32 of Commonwealth Act No. 141;
3. Lease - Title II, Chapter V, Sections 33 to 43 of Commonwealth Act No. 141;
4. Free Patent - Title II, Chapter VI, Sections 44 to 46 of Commonwealth Act
No. 141.
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D. Public Land Grants In Residential, Commercial, Industrial Lands

1. Sales - under Title III, Chapter VIII, Sections 60 to 68 of Commonwealth Act
No 141;
2. Republic Act No. 730 (1952) - Direct sale of residential lands subject to
conditions
3. Batas Pambansa Bilang 223 (1982-1987) - limited residential free patent
4. Republic Act No. 10023 (2010) - Residential Free Patent Law
D. Restrictions on Patents
1. On Transfers and Conveyances
2. Easements and Servitudes
E. Title Obtained by Operations of Law (Section 14, PD No. 1529)
1. General Considerations
2. Concept of Adverse Possession & Prescription
F. Section 14, Paragraph (a) Open, continuous, exclusive and notorious
possession and occupation of alienable and disposable lands of the public
domain under a bona fide claim of ownership since June 12, 1945, or
earlier;
G. Section 14, Paragraph (b) - Those who have acquired ownership of private
lands by prescription under the provision of existing laws;
H. Section 14, Paragraph (c) - Right of accession or accretion;
I. Section 14, Paragraph (d) - Those who have acquired ownership of land in
any other manner provided for by law.
J. Title issued under CARP (Republic Act No. 6657, as amended by Republic
Act No. 9700)
1. Coverage
2. Exemptions and Exclusions. (Section 10, RA No. 6657)
3. Retention Limits Land Area
4. Ceiling of Award to Beneficiaries
5. Transferability of Awarded Lands
6. Repurchase
7. Collective Titles
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K. Title issued under IPRA Law

1. Identification and delineation of Ancestral Domain
2. Issuance of Ancestral Domain Certificate of Title
3. Ancestral Domain and the Regalian Doctrine
VI. Procedure and Processes

A. Public Land Applications
1. General Rules
2. Processes and procedure are governed by administrative orders, circulars
and manuals; below is a summary of the process:
B. Confirmation of Imperfect Title
1. General Rules
2. Ordinary Registration Procedure (See Section 14 to 30 PD No. 1529)
3. Cadastral Registration Proceedings (Sections 35-38 of PD No. 1529)
A. Importance of Land Registration
B. Function of Land Registration
C. General Legal Principles in Land Registration
1. The Identity of the Object and the Subject
2. The Consent
3. The Booking
4. The Publicity
D. Title and Deed Registration System
1. Deed Registration
2. Title Registration
3. Difference
E. Torrens System of Land Registration
1. Purpose of the Torrens System in General
2. Principles Behind the Torrens System
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F. Kinds Title Registration

1. Original Registration
2. Subsequent Transactions and Transfers of Right
A. Operation of the Torrens System in the Philippines
1. The Mirror Principles
2. The Curtain Principle - The Creation of an Indefeasible Titles
3. Exception to Indefeasibility
4. Action for Reconveyance
5. Prescription of Action for Reconveyance
6. Insurance Principle
7. Booking Principle
8. Publicity
B. Registration of Deeds and Instruments
1. Meaning
2. Kinds of Deed Registration
3. Registration of Voluntary Dealings and Transactions
4. Involuntary Registration
C.
Actions after Registration

A. Re-issuance of Lost Owners Duplicate
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I.
Introduction
A. Land Administration
The term land administration refers to the processes of recording and disseminating
information about the ownership, value and use of land and its associated resources.
Such processes include the determination or adjudication of rights and other attributes
of the land, the survey and description of these, their detailed documentation and the
provision of relevant information in support of land markets. (UNICE, 1995)
Land administration can be likened to accounting and bookkeeping, except that instead
of money, it is land that is being inventoried, accounted and booked. Land is
inventoried, accounted and booked through land survey - by dividing it into parcels or
lots for easy identification. The corresponding ownership or interest over these parcels
is also accounted and in some instances, awarded and adjudicated to the owner. The
ownership in each of these parcels are thereafter registered in the Register of Deeds.
The lands so identified, adjudicated and registered become titled lands whose
ownership are considered as indefeasible or certain. Thus, land administration
systems are not primarily concerned with general data on land but are concerned more
with detailed information of each land parcel within its jurisdiction.
A good land administration system should have the following components to be
effective:
Land Survey and Mapping - where land boundaries are identified and land parcels
are created;
Land Adjudication - where interests on land are identified and ownership resolved;
Land Registration - where land titles are created and interest on land registered in a
public registry; and
Cadastre - is normally a parcel based and up-to-date land information system
containing a record of interests in land (i.e. rights, restrictions and responsibilities).
The central component of an effective land administration system is the cadastre where
records on land survey, adjudication and registration are integrated. It usually includes a
geometric description of land parcels linked to other records describing the nature of the
interests, ownership or control of those interests, and often the value of the parcel and
its improvements.
It may be established for fiscal purposes (e.g. valuation and
taxation), for titling/legal purposes (transfers of land), for management of land and land
use (e.g. for planning and other administrative purposes), and for sustainable
development and environmental protection. The tax map and tax roll of the LGUs in
the Philippines is an example of a fiscal cadaster. The tax map is usually based from
the cadastral survey of the area conducted for titling purposes.
Land administration provides for an immediate means of identifying with certainty and
accuracy the ownership and interest in a land. This information can only be provided by
an efficient land administration based on a modern and efficient system that will:
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Guarantee ownership and security of tenure;

Support the land market by facilitating recording of interest and transfers of
ownership;
Support land and property taxation;
Reduce land disputes;
Facilitate land reform;
Improve urban planning and infrastructure development;
Support environmental management; and
Produce statistical data.
B. Government Agencies Involved in Land Administration

The primary land administration functions of land surveying and mapping, land titling
and land registration are performed by different government agencies. The duties and
responsibilities of the officials and employees of these agencies are prescribed by laws,
rules and regulations, including the specific procedure that has to be followed in the
conduct of the land administration activities.
Below are the national agencies with major land administration functions. These
agencies are involved directly in activities on surveying and mapping, titling and
registration of lands:
Department of Environment and Natural Resources (DENR) is the main agency
involved in land classification, land surveys and titling of public land. It issues land
patents in the form of homestead, sales and free patents as well as land leases and
other permits on public agricultural lands. (Commonwealth Act No. 141, Public Land
Act, 1936, see http://www.denr.gov.ph);
Land Registration Authority (LRA) assists court in tilting of private lands (original
and cadastral land registration proceeding), decides questions regarding registration
of instruments, approves simple subdivisions of registered lands and exercise
supervision over the Registers of Deeds (RDs). (Presidential Decree (P.D.) No.
1529, Property Registration Decree, 1978, see http://www.lra.gov.ph);
Registrars of Deeds registers patents, Certificate of Land Ownership Awards,
Certificate of Ancestral Domain Titles/Claims (CADT/C) issued by DENR, the
Department of Agrarian Reform, National Commission on Indigenous People
respectively and the judicial decrees issued by LRA. It is also responsible for the
registration of subsequent voluntary and involuntary transactions on registered
lands. (P.D. No. 1529, Property Registration Decree, 1978);
Department of Agrarian Reform (DAR) is responsible for the agrarian reform
program of the government. It issues agrarian reform land grants in the form of
Emancipation Patents and Certificate of Land Ownership Awards that are registered
by the Registrar of Deeds. (Republic Act No. 6657/9700, Comprehensive Agrarian
Reform Law (CARL), 1988, see http://www.dar.gov.ph);
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National Commission on Indigenous People (NCIP) resolves issues on ancestral

lands. It undertakes delineation of ancestral domain land (self-delineation) and
issues CADT/Cs that are registered by the Registrar of Deeds. (Republic Act No.
8371, The Indigenous Peoples Rights Act, 1997)
The Courts (Judiciary) hear and adjudicate private claims on lands of the public
domain. Court judgment is the basis of LRA in the issuance of Decrees that are
registered by the Registrar of Deeds. (Batas Pambansa Bilang 129, Judiciary Reorganization Act, 1980 and P.D. No. 1529, Property Registration Decree, 1978)
Local Government Units (LGUs) issue tax declarations, prepare tax maps, zoning
ordinances, conversions of lands and perform other land management functions.
(Republic Act No. 7160, The Local Government Code, 1990)
C. Public and Private Lands

There are two basic principle that underpin land ownership in the Philippines. The first is
State ownership under the concept of the Regalian Doctrine. The second is the right to
private ownership.
The first principle in our land laws is the Regalian Doctrine, which holds that all lands
belong to the State and only by a grant from the State can land pass into private
ownership. Thus under the Constitution, all lands of public dominion and all other
natural resources are owned by the State and all lands not otherwise clearly appearing
to be privately owned are presumed to belong to the State, which is the source of any
asserted rights to ownership of land. Under this concept, private title to lands must be
traced to some grant, express or implied, from the State. This finds expression in
Section 2, Article XII of the 1987 Constitution (National Economy and Patrimony) and
likewise incorporated under Book 2, Title 1, Chapter 3 of the New Civil Code.
The second principle is the principle of private ownership. It includes not only the right
to use and enjoyment, but also the right to exclude others, including the State, from the
land. This right is protected under the Constitution and under the law that gives land
owners absolute control and exclusive rights on the basis of legal, state-conferred
ownership, subject only to certain limitation on police power (land use and
environmental protection) and eminent domain.
Base from these principles, and tenure or the modes of holding or occupying land in the
Philippines can be generally divided into public and private lands.
1.
Public Domain Lands
Public Domain Lands are lands that are owned by the State. These are referred to as
lands of the Public Domain.
Ownership by use - It includes lands that are intended for public use, such as
roads, canals, rivers, torrents, ports and bridges constructed by the State, banks,
shores, roadsteads and others of similar character, and lands that are intended for
some public purpose.
Ownership by classification - Forest and mineral lands and national parks are all
lands of the public domain and no private ownership is allowed in this type of lands.
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Ownership in its Private Capacity - Lands that are owned by the State in its
private capacity are called patrimonial properties.
2.
Private Domain Lands
Are those lands that are owned by private persons. Private lands are originally acquired
from the State by qualified private persons (original disposition). Once acquired, it
becomes private property and it can be transferred by the owner to any person who is
allowed by the law to acquire lands.
Private land ownership is limited to A and D lands and is primarily governed by the
following laws:
The Constitution
New Civil Code of the Philippines
Public Land Laws
Property Registration Decree
Agrarian Reform Laws
Ancestral Domain Law
C. Land Titles and Land Registration

Every land administration system should include some form of land registration
component for the recording of rights and interest on land. In some countries, this
information is guaranteed by the State, an example of which is the Torrens system of
land registration that originated from Australia. The information regarding ownership is
usually contained in a cadastre or a parcel based inventory of land with ownership/
interest attributes for each parcel. Land registration provides for a safe and certain
foundation for the acquisition, enjoyment and disposal of such rights in land.
1. Title as Naked Right of Ownership

As discussed earlier, we say that the source of all title to lands is the State. Lands that
are held by private persons are originally acquired from the State through land grants,
direct (patents) or indirect (by operations of law). Once the land has been granted, it
becomes private and the land becomes segregated from the lands of the public domain.
Thereafter, said land becomes the absolute property of the private owner to the
exclusion of everyone, including the State.
As private property, the owner can exclude anyone, use and occupy the land, and
transfer complete ownership or allow its use by some other persons with minimal
interference from the State. In the strict legal sense, this ownership is referred to as a
title. It means the lawful cause or ground of control and enjoyment of land.
2. Titled Land as Registered Land

We tend to use the word titled land differently from the legal sense of these words. We
use titled land in the colloquial to mean that a land has been registered in the Register
of Deeds and covered by the Torrens System. Thus, the significance of the word titled
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land and its opposite untitled land, does not lie on the bare ownership of the land (the
legal meaning) but on the fact of whether or not such ownership on the land has been
registered at the Register of Deeds. In short, when we use the word titled land, what
we really mean is registered land.
3. Untitled Land as Unregistered Land

We use the word untitled land, on the other hand, to mean private lands that is not
registered in the Register of Deeds and not covered by the Torrens System. When we
use the word untitled land, we refer to bare ownership of land or ownership that has not
been adjudicated either judicially or administratively and registered as Torrens title
under P.D. No. 1529. The land has already been acquired by operation of law and is
now private land although its final adjudication for purposes of Torrens registration is still
suspended.
This ordinary meaning of the word untitled land has been used in the same ordinary
sense by some land agencies as well. For example, Untitled Private Agricultural Lands
(UPAL) are used by the DENR and DAR to mean lands that have been considered as
private lands already by operation of law but said private ownership is not registered
with the Register of Deeds. Although UPALs are unregistered land, the DAR pays the
owner/claimant compensation when such land is covered and distributed. The most
common evidence of ownership on this type of tenure is the tax declaration that is filed
by land owners in the Assessor's Office of Local Governments for purposes of real
property tax assessment and payment.
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II.
Land Ownership in the Philippines
A. Pre-Spanish Concept of Land Ownership

"Land tenure (in pre-hispanic Philippines) was defined. In the Barangay system, house
lots were owned by occupant families. Back of the houses were the family fields, in
parcel or strips, much like the strip fields in many villages in Western Europe. The most
valuable is the tubigan or watered land, which indicates that the basic crop was rice"
"The institution of private property in land contradicts modern assertion that all
Barangay land was owned in common. Traditions and customs vested ownership in the
family. The family land can be transferred via inheritance, purchase or barter and could
be pledge as security for debts. Inheritance is not governed by rules of primogeniture
common in many European cultures; the children inherits in equal parts."
"According to Morga, lands such as fields, nipa palm groves and wooded properties are
barter items among natives. Land transfers also occurred via non-payment of debts."
"In addition to the family residential lots and stip fields, the land system includes an
undivided tract of land owned by the Barangay as a the community. This tract generally
covered the adjoining wood or forest, slopes, tinges, and fertile uplands, fishing areas
and in coastal sites, mangroves and swamp lands. It must be noted that this institution
of commonly owned tracks approximated the contemporary European institution of the
village common." 1
B. Spanish Period
1.
Ownership of Lands by Discovery
All lands in the Philippines were acquired by the Spanish crown through discovery.
2.
Land Titles Issued during the Spanish Period
Private property ownership on land was introduced through land grants from the
Spanish crown to settlers and to indigenous population by way of royal grants, sale and
possessory titles.
Modern legislations on land - Royal Decree of February 13, 1894 - Various laws on land
disposition was codified under the Royal Decree of February 13, 1894 providing for the
rules on sale, compromise and prescription on crown lands. Possessors of alienable
public lands under cultivation who have not obtained nor applied for adjustment
(composicion con el estado) on the date of such decree may still obtain a gratuitous title
to the land by means of a possessory information upon establishing the existence of
any of the following conditions: (1) continuous cultivation of the land during the
preceding 6 years; (2) possession of the land for 12 consecutive years and cultivation of
the same during the preceding 3 years; or (3) open and continuous possession for at
least 30 years in case the land has not been under cultivation. A system of land
registration was introduced known as Ley Hipoticaria or Mortgage Law, the last of
which was in 1894 (The Spanish Mortgage Law).
1
OD Corpuz (1997), Economic History of the Philippines, UP Press
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These are the land titles issued under the Spanish Period.
Titulo Real - Title to land granted generally to Spanish subjects in order to encourage
them to settle and go out to the people of the new territory are called titulo real. (Law 1
and 3, Title 13, Book 4, Recopilacion de las Leyes de las Indias)
Concession Especial - This is a form of acquiring title to land accomplished through the
exercise of a special power by the Governor-General of the Philippines without any
authority of a special law. (Law II, Title 15, Book 2 of the Law of the Indies)
Titulo de Composicion con el estado - By these titles, unlawful entries and detainer of
lands by private individuals who extended their possessions beyond the original grants
were legalized under certain conditions. This was conceived as a means of compromise
between the Crown as the owner of the land and the private individual as the usurper.
These titles were then evidences of absolute ownership but may likewise be lost by
prescription. The titles were granted by the Spanish Government through the Direccion
General de Administracion Civil, pursuant to the provision of the Royal Decree of 25
June 1880; that granted by the Chief of the Province by delegation pursuant to the
provisions of Royal Decree of 31 August 1888; and that granted also under the Royal
Decree of 13 February 1894.
Titulo de Compra - This is acquired in accordance with the regulations for the sale of
public lands in the Philippines approved by the Royal Decree of January 26,1889.
Under the regulations, the application to purchase must be published in the Gazetta de
Manila setting forth the description of the land and giving 60 days in which anyone can
present his objection to the same. A similar notice in the dialect was required to be
posted in the municipal building of the town in which the property was situated, besides
making it public by the town crier. The sale was conducted at public auction and
awarded to the highest bidder and covered not only vacant lands but also public lands
occupied without title.
Informacion Possesoria - Ley Hipotecaria - The informacion posesoria proceedings
under the provisions of the Mortgage Law made effective in the Philippines on
December 1, 1889 were available to those who had claim to lands to have their
possession recorded in the Registry of Deeds.
Under Article 393 of the Spanish Mortgage Law, the registered possessory information
proceedings do not ripen into ownership except under certain conditions such as: (a)
that an applicant has been in open possession of the land; (b) that an application to this
effect has been filed after the expiration of twenty (20) years from the date of such
registration; (c) that such conversion be announced by means of a proclamation in a
proper official bulletin; (d) that there is a court order for the conversion of the registration
of possession into a record of ownership; and (e) that the Register of Deeds make the
proper record thereof in the Registry
But such recorded possessory information proceedings did not ripen into ownership
except under certain conditions, the most important of which was the expiration of 20
years after the entry or record in the Registry of Deeds of the possessory information
proceedings. And under Article 394 of the Mortgage Law, the entry or record of
possession in the Registry of Deeds did not prejudice the owners of the property
although his title had not been recorded, unless prescription had confirmed and secured
the claim recorded.
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3.
Spanish Mortgage Law

Introduced by the Spanish, also known as the Ley Hipotecaria or law on
mortgage
This is a land registration system, meaning it is not limited to registration of
mortgages but also includes transfers and other dealings on lands.
This is the predecessor of the torrens system of land registration.
This system was founded on titles issued during the Spanish regime that were
registered under the mortgage law.
The latest version of this law was implemented in the Philippines in 1894 as part
of the three provincias de ultramar" with a uniform mortgage law for themthe
Ley Hipotecaria de Ultramar, also known as Ley Maura, after Don Antonio Maura
y Montaner, then Ministro de Ultramar.
The system co-existed with the Torrens System of Land Registration Act No. 926
(An Act to Provide with the Adjudication and Registration of Lands in the
Philippines, 1902).
It was discontinued in 1977 (PD No. 892, Discontinuance of the Spanish
Mortgage System of Land Registration and of the Use of Spanish Titles as
Evidence in Land Registration Proceedings)
C. American Period
1. Treaty of Paris of 1898 Between the U.S. and Spain
All properties of the Spanish crown
were transferred to the United
States
It excludes private lands or lands
that were already given by the
Spanish Crown in favor to private
persons
Two types of land ownership Lands of the public domain (all
lands that belongs to the Spanish
Crown) and private lands.
What can a holder of a land title

registered under the Spanish
Mortgage do during the American era?
A holder of a Spanish Title registered
under the Spanish Mortgage Law may
continue to use the system in his land
dealings or he may have the land
registered anew under Act No. 496 under
the Torrens System. If he opted for Act
No. 496, he has to file a land registration
case with the land registration court.
2. Philippine Bill of 1902 (First

Constitution)
Provides for the rules on disposition of lands of the public domain.
Introduction of two modes of acquiring titles to land.
Public land grants - homestead, sales, free patents;
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Confirmation of Titles - imperfect titles from the Spanish and title by prescriptions
(by operations of law)
Resulted to the enactment of 2 laws
a.
Act No. 496 (Land Registration Law)
Provided for the registration of private lands in fee simple (Section 19) or those
lands that are already disposed by the crown as private lands, completed title.
b.
Act No. 926 (Public Land Act)
Provided for the rules on disposition of public lands (undisposed crown lands)
through sales, homestead, and free patent; provides for the rules on confirmation
of imperfect spanish grants and possessory titles (by prescription)
CASES:
1) Johnson vs Mackintosh
2) Chaves vs. The United States (175 U.S., 552)
3) Valenton vs Marciano 3 Phil. Reports 537, 2 Off. Gaz., 434, March 30, 1904;
4) Cansino vs Valdez, G.R. No. L-2468, July 16, 1906
5) Cario vs Insular Government, 212 U. S., 449
6) Jones vs. Insular Government, G.R. No. L-2506 April 16, 1906, 6 Phil.122
7) Susi vs. Razon and Director of Lands, G.R. No. L-24066, December 9, 1925
8) Mapa vs. Insular Government, G.R. No. L-3793, February 19, 1908, 10 Phil.,1753
9) Cornelio Ramos vs. Director of Lands, (G.R. No. 13298 November 19, 1918)
10)Government of the Philippine Islands vs. Abella, G.R. No. L-25010 October 27,
1926, (49 Phil. 49)
11) Jocson vs Director of Forestry
12) Oh Cho vs Director of Lands, 75 Phil. 890
13)Uy Un vs. Perez, 71 Phil. 508 "En Espaol
14)Mindanao vs. Director of Lands, L-19535, July 10, 1967
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III. Land Classification

A. Definition
Land classification pertains to classification of lands of the public domain as a natural
resources . Under Philippines laws, all natural resources are owned by the State.
However, lands classified as agricultural may be declared alienable and disposable
and may be disposed as private lands to qualified citizens through homestead, sales
and other grants.
B. Laws Relating to Land Classification

1987 Constitution Article XII, Sections 2 and 3 providers for the classes of lands of the
public domain - Agricultural, Forest, Mineral and National Park. These lands are
governed by the following laws:
1. Agricultural Lands - Commonwealth Act No. 141 (Public Land Act)

2. Forest Lands - Presidential Decree No. 795 (Revised Forestry Code)
3. Mineral Lands - Republic Act No. 7931 (Mining Act of 1995)
4. National Parks - Republic Act No. 7598 (National Integrated Protected
Area System Act)
C. Rules on Land Classification

1. Classification describes the legal nature not the natural state of the
land
2. Executive Department determines land classification (CA No. 141 and
PD No. 705)
3. Congress has the power to reclassify of land (Section 4 of Republic
Act No. 6657)
4. Congress will determine the final forest line
5. Disposition of public lands limited to agricultural lands;
Only to Filipino citizens; corporations cannot receive a public land grant except
by way of lease (not more than 1,000 hectares)
Limit is 12 hectares by way of homestead, sales and grants
Previously 16 hectares (Phil. Bill of 1902); 24 hectares in 1935 Constitution; 12
hectares under the 1987 Constitution
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D. Classification of Lands
1. Criteria in Land Classification
Chapter II of PD No. 705
DENR study, devise, determine and
prescribe the criteria, guidelines and
methods for the proper and accurate
classification and survey of all lands of
the public domain.
Through an Inter-Bureau action DENR Sectoral Bureaus on Lands
(LMB), Forestry (FMB), Mines (MGB)
and Protected area (PAWB)
Executive Order No. 192 (June 10,

1987) created the National Mapping
and Resource Information Authority
(NAMRIA), integrating into it the
functions and powers of the Natural
Resources and Management Center
(NRMC), the National Cartography
Authority (NCA), the Bureau of Coast
and Geodetic Survey (BCGS), and
the Land Classification Teams of the
then Bureau of Forest Development
(transformed into a Forest
Management Bureau performing staff
functions).
The Land Classification Teams of the

forest bureau was transferred to NAMRIA under EO No. 192 in 1987.
Topography 18% in slope unless covered by existing titles or approved public
land application or actually occupied openly, continuously, adversely and publicly
for a period of not less than thirty years (30)
Areas below 18% but are needed for forest purposes (see enumeration in
Section 16 of PD No. 1529
Marking of forest boundaries
2.
Lands of the Public Domain

Used to describe so much of the lands in the Philippines that has not been subjected
to private rights. Public lands are also used in a limited sense to describe such lands
as are subject to sale or other modes of acquisition or concession under the public
land laws.
1987 CONSTITUTION, ARTICLE XII, SECTION 3.
Lands of the public domain are classified into agricultural, forest or timber,
mineral lands, and national parks.
Agricultural lands of the public domain may be further classified by law according
to the uses which they may be devoted.
Alienable lands of the public domain shall be limited to agricultural lands.
Private corporations or associations may not hold such alienable lands of the
public domain except by lease, for a period not exceeding twenty-five years,
renewable for not more than twenty-five years, and not to exceed one thousand
hectares in area.
Citizens of the Philippines may lease not more than five hundred hectares, or
acquire not more than twelve (12) hectares thereof by purchase, homestead, or
grant.
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3. Agricultural lands.
Alienable and disposable lands refer to those lands of the public domain which
have been the subject of the present system of classification and declared as not
needed for forest purposes.
Suitability for agricultural use is the criteria;
Before, the court can make a determination of what are considered as
agricultural lands;
Agricultural Lands are further sub classified as residential, commercial, industrial,
etc. under Section 9 of the Public Land Act.
4. Forest Land
Definition of Forest Land - Forest lands include the public forest, the permanent
forest or forest reserves, and forest reservations.
(a) Public Forest - Public forest is the mass of lands of the public domain which has
not been the subject of the present system of classification for the determination
of which lands are needed for forest purposes and which are not.
(b) Permanent Forest or Forest Reserves - Permanent forest or forest reserves
refer to those lands of the public domain which have been the subject of the
present system of classification and determined to be needed for forest
purposes.
(c) Forest Reservations - Forest reservations refer to forest lands which have been
reserved by the President of the Philippines for any specific purpose or
purposes.
(d) Production Forest - forest stands tended primarily for the production of timber.
This includes natural and man-made forests.
5. Mineral Lands
(a) Definition of Minerals - Minerals, for legal purposes, refers to all naturally
occurring inorganic substance in solid, gas, liquid or any intermediate state
excluding energy materials such as coal, petroleum, natural gas, radioactive
materials and geothermal energy.
(b) Definition of Mineral Lands under the old Mining Act (CA No. 137) - those lands
in which minerals exist in sufficient quantity or quality to justify the necessary
expenditures to be incurred in extracting and utilizing such minerals
(c) Definition of Mineral Lands under the Philippine Mining Act of 1995 (RA No.
7932) - any area where mineral resources are found
(d) In relation to land titles - A certificate of title is considered void when it covers
property of public domain classified as mineral lands because possession of
mineral lands, no matter how long does not confer possessory rights.
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6. National Parks
New Class - It was introduced only in the 1987 Constitution as a distinct and
separate class of lands. National parks as a classification is implemented under
Republic Act No. 7586 or the NIPAS law (An Act Providing for the Establishment
and Management of National Integrated Protected Areas System, Defining its
Scope and Coverage for other Purposes)
Definition - a forest reservation essentially of natural wilderness character which
has been withdrawn from settlement, occupancy or any form of exploitation
except in conformity with approved management plan and set aside as such
exclusively to conserve the area or preserve the scenery, the natural and historic
objects, wild animals and plants therein and to provide enjoyment of these
features in such areas. It is a relatively large area not materially altered by human
activity where extractive resource uses are not allowed and maintained to protect
outstanding natural and scenic areas of national or international significance for
scientific, educational and recreational use. (Section 4 par. (a) of RA No. 7586)
CASES:
Agencies Involved
15) DOJ Opinion No. 23, Series of 1995.
16) DENR vs Yap (G.R. No. 167707, October 08, 2008)
Agricultural Land
17) de Aldecoa vs Insular Government (G.R. No. 3894. March 12, 1909)
18) Krivenko vs. Register of Deeds of Manila (18 G.R. No. L-630. November 15,
1947)
Mineral Lands
19) Lepanto Consolidated Mining Co. vs. Dumyung (GR No. L-31666, April 20, 1929)
20)Republic vs. Court of Appeals and dela Rosa (GR No. L-43938, April 15, 1988)
Ancestral Domain (RA No. 8371) "The Indigenous Peoples Rights Act of 1997.
21)Cruz vs. DENR Secretary (G.R. No. 135385, December 6, 2000)
Survey Error
22)Republic vs. Peralta, et al., En Banc (G.R. No. 150327, June 18, 2003)
Lands declared by the courts as agricultural lands prior to the introduction of land
classification;
23) Sta. Monica Industrial and Development Corporation vs. Court of Appeals (189
SCRA 792)
24) Director of Forestry vs. Villareal (G.R. No. L-32266 February 27, 1989)
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Lands already registered by the Court as Private Lands

25)Republic vs. Court of Appeals (G.R. No. 155450, August 6, 2008) d)
Bureaucratic Constraints in Classification of Lands
26)Republic of the Philippines vs. Court of Appeals, En Banc (G.R. No. 127245,
January 30, 2001)
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IV. Identifying Lands - Survey and Mapping

A. Basic Concepts in Land Surveys and Mapping
The first activity in land administration is surveying and mapping. The activity is
intended to create land parcels. Land parcels are the basic unit of real property and the
starting point in the determination of the identity of the land by describing its location,
boundaries, area, physical description, and in certain kind of surveys, the tenure claims
existing at the time of the survey.
1.
Land Survey
Land surveying is the process of measuring and delineating the natural and artificial
features of the earth. The surveyors observations, measurements and computations
are usually reduced into maps that are drawn from the survey data gathered. Maps are
visual representations or descriptions of the land; measured and delineated with a
certain degree of precision and show the relationships between physical elements of
that space through symbols (Cadastral Survey and Records of Rights, Binns 1951) FAO
Land Tenure Studies)
2.
Survey Maps
A well-drawn map is an accurate scale model of the surface of the land which when
presented in two dimensions at a sufficiently large scale, can be used to indicate any
point on the land with accuracy (Binns, 1951). The large/small terminology arose from
the practice of writing scales as numerical fractions: 1/10,000 is larger than
1/10,000,000. However, it is important to recognize that even the most accurate maps
sacrifice a certain amount of accuracy in scale to deliver greater visual usefulness to its
user. Digitally and cartographically-enhanced large-scale topographic maps (1:10,000
scale) provide more detailed information on administrative boundaries, drainage
systems, existing infrastructure, major establishments, road networks, topography,
vegetation, and other economic indicators, showing the present development in the
area at barangay level. Similarly, medium and small scale maps (1:50,000 and
1:250,000 scale) are support tools for applications at municipal and provincial levels.
Administrative maps indicate political boundaries of provinces and regions of the
country. (NAMRIA)
3.
General Uses:
The measurements and delineations of land, when recorded in the form of maps either
on paper or within a computer, can be the basis of an accurate inventory of land
resources. In the Philippines, an accurate inventory of land and its legal classification is
important since only certain types or kinds of public lands can be subject to disposition,
private ownership, registration and titling. An example of this type of map used for
inventory of natural resources are the Land Classification Maps (LC Maps) of the DENR
that show the delineation between alienable and disposable (A and D) lands and those
that are not subject to disposition. LC Maps are generated from forest delineation
surveys that mark the boundaries of agricultural lands and the non-disposable forest/
mineral lands and national parks. These maps are kept by NAMRIA that has the
mandate to conduct delineation surveys under Executive Order (E.O.) No. 192.
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Inventory of land parcels with its boundaries;
Inventory and full and accurate knowledge of natural resources of the land;
Best means of obtaining, recording and analyzing such knowledge resulting to better
land classification and land use planning;
Necessary for planned development of natural resources, town planning schemes,

orderly development of industries and systems of communication;
Enable land transactions to be effected safely, quickly and cheaply;
The cadastral maps and corresponding index maps can be conveniently used as a
BASE MAP for the recording of any information which requires maps of these
scales. Cadastral maps greatly assist every branch of the public service connected
with land, (e.g. taxation, irrigation, drainage, flood control, etc.) making them more
efficient;
Besides the economic, fiscal, agrarian, scientific and administrative uses, there is a
growing demand for maps and plans of all kinds for recreational purposes, for air
travel, for the use of tourists in connection with historical, archeological or artistic
studies, for commercial and industrial purposes and for educational purposes; and
4.
Use for Property Identification
To a private land owner, the fact that the land is properly mapped and that rights are
clearly registered is of the greatest benefit since it provides security of tenure,
minimizes disputes and litigation, and provides better access to credit.
An accurate and large-scale map is the only sound basis for a record of rights,
privileges, duties and responsibilities to land. No system of registration of rights can be
effective and no system of land taxation can be just and efficient without a description
which enables the land affected to be identified with certainty on the ground, and no
such identification can be regarded as certain without a suitable map to which the
description can be referred. Examples of this type of maps are the cadastral maps,
cadastral index maps, tax maps, subdivision maps, etc. Cadastral maps and other
property survey maps are kept by the DENR while subdivision maps of registered
properties subdivided by the Authority are kept by LRA. Tax maps are kept by the Local
Assessors Office.
B. Government Agencies with Land Survey and Mapping Functions

DENR is the primary agency that exercises direct control and supervision over survey of
lands in the Philippines (Section 4, CA No. 141). Such control is done through the
issuance of Survey Standards - Issues manuals and technical bulletins, that surveyors
has to follow in measuring and describing the boundaries of the land. The DENR also
has direct supervision of the conduct of all surveys through inspection, verification and
approval of surveys that are required to be submitted under the provisions of CA No.
141 and PD No. 1529. The LRA has concurrent jurisdiction to approve simple
subdivision of registered lands (Section 6 Par. 1 (f) of PD No. 1529). However, there are
other government agencies that has survey functions too. Below are these agencies
and their functions.
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1.
Department of Environment and Natural Resources

The primary agency in-charge with the survey of lands in the Philippines. Its mandate
includes:
Issuance of Rules and Regulations that will govern the conduct of surveys in the
Philippines (Land Management Bureau (LMB));
Conduct of actual surveys on lands of the public domain;
Conduct of administrative boundary surveys (i.e. political boundaries);
Inspection, verification and approval of all original surveys on untitled A and D lands
(DENR Regional Officer) such as Isolated Land Surveys and Cadastral Surveys;
Inspection, verification and approval of all subdivision and consolidation on untitled A

and D lands; and
Inspection, verification and approval of simple survey plans (the resulting lots is not
more than 9 and without road lots); and
Inspection, verification and approval complex Survey Plans (the resulting subdivision
is more than 9 lots or less than 9 lots if the subdivision will create road lot/s).
2.
National Mapping and Resource Information Agency (NAMRIA)
NAMRIA, an agency attached to the DENR, is the principal mapping agency of the
government and is responsible for the production of thematic maps at various scales in
support of the governments development planning, environmental management, and
multi-hazard mapping, among other programs. It is mandated to establish and maintain
the Philippine Reference System of 1992. NAMRIA also conducts forest delineation
survey to segregate A and D lands from forest and mineral lands and national parks.
3.
Land Registration Authority (LRA)
LRA has limited survey approval functions on "simple subdivision" of titled or registered
lands. LRA and DENR can both approve simple survey subdivision on titled or
registered lands. A survey subdivision is considered simple subdivision when the survey
will result to the creation of not more than nine (9) lots without road lot is complex.
4.
Local Governments
Cities and Municipalities also have survey and mapping functions in support of its land
use regulation and land taxation mandates. These functions are as follows:
Approval of all complex subdivisions by the Sangguniang Bayan/Lungsod under the

Local Government Code;
Ensure the conformity of subdivision surveys with the comprehensive land use plan
of the LGU;
Receive and compile copies of all approved survey plans furnished by Geodetic
Engineers on surveys conducted within their jurisdiction; and
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Maintain a system of tax mapping, showing graphically all data concerning the real
property (land and improvements).
C. System of Land Survey and Mapping in the Philippines

Land surveys in the Philippines is primarily conducted for the purpose of land
disposition and registration in support of tenure or legal hold on land. The survey of the
land is necessary before it can be disposed by the state, or titled or registered. Without
a survey, the government cannot determine with certainty the identity of the land, its
location, orientation, position, boundaries and area. Without this certainty, there is no
object certain that will define the physical extent of ownership or holdings which is
necessary for land as property, to be secured, protected, enjoyed or transferred to exist.
1.
Persons Authorized to Conduct Land Surveys
Land surveys are conducted by surveyors who are licensed Geodetic Engineers (GE)2.
These GEs are organized into a professional organization called the "Geodetic
Engineers of the Philippines, Inc." (Republic Act No. 8560 as amended by Republic Act
No. 9200, The Philippine Geodetic Engineering Act of 1998). The practice of geodetic
engineering is a professional and organized act of gathering physical data on the
surface of the earth with the use of precision instruments. It is also the scientific and
methodical processing of these date and presenting them on graphs, plans, maps,
charts or documents (Article II, Section 2 (a), RA No. 8560).
Geodetic Engineers are under the supervision of the DENR or LRA while doing land
survey works.
The GE has to comply with the survey standards and the rules and regulations set
forth by the DENR under the current Manual of Surveys.
The GE must obtain such survey and tenure information on records available with
the DENR or LRA as is necessary to locate or relocate the boundaries of any land to
be surveyed and to connect his or her survey to the survey system in the Manual.
A GE can conduct land survey activities pursuant to Section 2 (a) of Republic Act
No. 8560 (Philippine Geodetic Engineering Act of 1998) or for works not requiring
strict legal accuracy under arrangements with a client, in such a manner as agreed
upon by them or if the survey is not intended for land registration, disposition or
tenure definition.
The profession was first created under Republic Act No. 4374 (An Act to Regulate the Practice of Geodetic
Engineering in the Philippines.) A Geodetic Engineer - is any person who is technically and legally qualified
to practice geodetic engineering under these laws, which term supersede surveyor. The practice of land
surveying was first created under the provisions of Act No. 2711 (Revised Administrative Code of 1917) with
the Bureau of Lands providing apprenticeship and accreditation of land surveyors. A board of examiners was
created under Act No. 3626 to qualify surveyors for private and cadastral surveys and mineral land
surveyors. Geodetic engineering was not recognized as a profession until the enactment of Republic Act No.
4374, the Geodetic Engineering Law, on June 19, 1965. Under the Act, any person who was technically
and legally qualified to practice geodetic engineering shall be called Geodetic Engineer superseding the
term Surveyor.
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However, the GE must comply with the standards and the rules and regulations set
forth by the DENR, if the survey is of a class that requires approval under existing
land laws.
Geodetic Engineers, when conducting surveys that requires the approval of the DENR
or LRA, shall give due notice in advance to the adjoining owners of the property to be
surveyed of the date and hour of the survey for the protection of their rights. They are to
report all objections made by adjoining property owners or claimants during the survey
and demarcating/describing the boundaries claimed by them.
The survey plans/data sets that the survey project generates, including the maps and
plans, are also submitted to the DENR and to the LRA (simple subdivision) for approval,
before it can have full legal effects. However, GEs may prepare sketch plans that show
the indicative location, position and area of land for purposes other than land
registration without need of DENR/LRA approval.
2.
Defining Legal Boundaries
Lot boundaries delineate the extent of land ownership of land owners. Boundaries
define the extent of the parcel, lot or property unit in accordance with specific standards,
rules and regulations issued by the DENR. Boundaries also help identify the land as it
will show the contiguous parcels bordering the land. Boundary lines (also commonly
called property lines) define the extent of legal limits of ownership of land parcels.
Marked boundaries are prima facie evidence of the legal extent of the ownership of
property. Marking may be through natural boundaries, survey monuments or enclosed
occupation such as fences and walls.
Generally, boundaries of land are fixed and do not move, although the interpretation of
the location of the boundary can be difficult and professional judgment may vary in its
interpretation, especially if the lots in question came from two different survey systems.
The situation with regard to natural boundaries formed by seas, lakes, river, etc., is
more complex as such boundaries are not fixed and are periodically moved. These
boundaries cannot be marked on the ground and are not fixed in one place but changes
position over time through slow and imperceptible accretion or erosion of the described
feature.
In built-up areas like old towns, the primary indicator of boundaries will most likely be
walls and fences. However, these can be subject to survey confirmation to ensure that
the fences were properly located before it were built and are not subject to
encroachment by the owners of the adjoining lands. In a new subdivision, the primary
indicators of land boundaries will be the survey marks place by the surveyor on the lots
or parcels. These survey marks are made of concrete monuments that conform to the
Manual of Land Surveys.
3.
Survey Authority and Survey Order
If a land is still unsurveyed, a private land claimant or a public land applicant on said
land is required to secure a Survey Order or Survey Authority from the DENR before a
land survey can be conducted on the land that he claims. A Survey Authority is an
instruction issued by the authorized DENR Official to a private GE authorizing him/her
to conduct survey over a parcel of land of the public domain for a specific purpose,
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usually for land registration or public land disposition. When issued to a government
GE, the same is referred to as Survey Order. Survey Authority or Survey Order for
isolated survey less than 12 hectares are issued by the DENR Community Environment
and Natural Resources Office (CENRO). Survey authority is valid for a period of six (6)
months following its issuance. (Section 19 of Revised Regulation on Land Surveys,
DAO 2007-29).
A Survey Authority is granted under the following conditions:
The parcel of land is within the A and D area;
The survey is an original survey, meaning there is no existing approved survey on

the land or any ongoing cadastral or public land subdivision project;
There is no existing claims or conflicts on the land;
The land is outside of any existing civil, military or any other reservations; and
There is no pending land registration case or pending litigation in court involving the
land or an existing public land application other than that of the Survey Authority
applicant.
The survey applicant must be a public land applicant (homestead, sales, free patent)
or must show that he has acquired a registerable private right recognize by the law
(i.e. acquisitive possession, prescription and accretion)
4.
Cadastral and Isolated Surveys
Surveying and identifying land by boundaries is necessary before A and D land could be
disposed and registered by the government. For purposes of land disposition and
property registration, surveys can be generally divided into two (2) types Cadastral
and Isolated.
(a) Cadastral Surveys

Cadastral surveys are conducted to determine the metes and bounds of all
parcels within an entire municipality or city for land registration and other
purposes (Section 5, DAO 07-29). Cadastral survey involves the survey of a
whole municipality (or an extensive portion of the same or those covering an
area of more than 1,500 hectares under Public Land Subdivision Survey) for
identifying and delineating the individual parcels of all land owners and
claimants which will be the basis of the issuance of titles or patents later. It is
intended primarily for the purpose of quieting titles to all lands within a particular
area by way of compulsory adjudication proceedings filed by the government
after the completion of the cadastral survey project. The owners of lots
surveyed must lay a claim to their land holdings and must prove their ownership
during the subsequent court proceedings. Failure on their part to do so may
give the court no choice but to declare these lands as public lands and be
disposed under the Public Land Act. All the other types of surveys are
considered isolated.
The LMB assigns the Cadastral Project Number that is unique for every
municipality or city. The cadastral project is then divided into cases with one
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barangay considered/assigned as one unique case. However, the DENR has

resorted to contracting the cadastral projects by Module, wherein one (1)
Module consists of one (1) barangay. A municipality with twelve (12) barangays
may have twelve (12) cadastral survey module contractors. All said modules will
bear the same Cadastral Survey Project Number. The first municipality that
underwent cadastral surveying is Pilar, Bataan in 1909 with Cadastral Project
Number 1 or Cad-1 issued to it.
Every parcel of lot in a cadastral survey project is assigned a unique lot number
which will be done consecutively from Lot No. 1 without duplication. An
assigned lot number in one (1) barangay (barrio) cannot be assigned to a
certain lot in another barangay (barrio) of the covered municipality.
Once a cadastral survey project is conducted on a municipality or city, all
previous isolated surveys of parcels conducted within the area should be
integrated and reflected in the cadastral records either as accepted, amended
or rejected. If a previous survey is accepted, the surveyor will designate a new
lot number in the cadastral survey. The previous isolated survey and the lot
number of the land, however, are still indicated in the cadastral survey map for
reference purposes.
Cadastral Surveys also include the delineation of the boundaries of the various
political units (barangay, municipality, and province) as well as the boundaries
between the forested areas and A and D lands.
Cadastral maps generated by the surveys are also used as preliminary
reference in real property tax mapping and land use mapping by local
governments.
(a) Isolated Surveys

Land claimants may request for an isolated survey of his land prior to the
government initiated cadastral survey for purposes of ordinary land registration
or patent application. The government also initiates surveys of public land for
land disposition purpose such as free patent, homestead and sales. These
surveys are conducted on A and D lands of the public domain in areas where
there is no approved or existing cadastral survey or cadastral project.
Isolated surveys may contain a single lot as in the case of private survey (PSU),
free patent survey, homestead, agricultural sale or multiple lot/parcels such as
in the case of Public Land Surveys. As mentioned earlier, the approved isolated
land surveys are integrated, either as accepted or modified or rejected, once a
cadastral project is subsequently conducted in the area.
Under the present land survey manual, all surveys that are not cadastral are
categorised as isolated surveys including subsequent subdivision and
consolidation surveys of a previously surveyed land, though these may be
within a cadastral area.
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5.
Narrative Technical Descriptions
The description of boundaries to the land (commonly called technical description) are
contained in various survey data sets that are generated during surveys. It includes the
surveyors field notes, lot data computations, paper maps, etc. However, description of
the land is reduced using a narrative style commonly called Technical Description
when the identity of the land is described in legal documents including the Patents
issued by the DENR and Certificate of Title issued by the Register of Deeds.
Technical description uses directions and distances along with physical features of the
land to define and describe the boundaries of a parcel of land.
The boundaries are described in a narrative style, working around the parcel in
sequence, using bearing and distance from a known control point (location monuments)
to a point of beginning (point 1), going to the next point or corner (point 2 and
succeeding) and finally returning to the point of beginning to create a polygon. It may
include references to other adjoining parcels (lots). The description is based on the
markings on the ground with permanent concrete monuments.
Sample of a Narrative Technical Description:
LOT 18, BLK. 15, Pcs-13-003519
A parcel of land (Lot 18, Blk. 15 of the cons. subd.
plan, Pcs-13-003519, being a portion of the consolidation
of Lots 17 Blk. 2, 15 Blk. 3, 15 Blk. 4, 15 Blk. 5, 12 Blk.
5, 15 Blk. 7, 1 & 17 Blk. 9 & 16 Blk. 12, all of
Pcs-13-001412, Lots 5 & 5-A, both of Pcs-3866 &Lot 783-A,
Psd-49419, LRC Rec. No.), situated in the Barrio of Bagbag,
City of Quezon, Province of Metro Manila, Island of Luzon.
Bounded on the S., along line 1-2 by Lot 14; along
line 2-3 by Lot 15; along line 3-4 by Lot 16; along line
4-5 by Lot 17, all of Blk. 15 of the cons. subd. plan; on
the NW., along line 5-6 by Lot 541, Piedad Estate; on the
N., along line 6-7 by Lot 12 of Blk. 15 and on the E.,
along line 7-1 by Road Lot 6, both of the cons. subd. plan.
Beginning at a point marked "1" on plan, being S. 85
deg. 37' E., 1,305.16 m. from LM No. 20, Piedad Estate.
thence
thence
thence
thence
thence
thence
thence
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Due West,
13.00 m. to point 2;
Due West,
Due West,
S. 65 deg. 10' E., 6.5 m. to point 5;
N. 40 deg. 35E., 16.78 m. to point 6;
Due East,
Due South, 10.00 m. to the point of;
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Discussion Guide
beginning, containing an area of THREE HUNDRED THIRTY

FOUR (334) SQUARE METERS, more or less. All points referred
to are indicated on the plan and are marked on the ground
by P.S. cyl. conc. Mons 15x60 cms; bearings True; Date of
the original survey, July 1 Dec. 14, 1907 and that of the
cons. subd. survey on May 20-30, 1988.
6.
Survey Maps and Records 3
Survey records may be found generally at the Survey Records sections of government
land agencies. In the DENR, survey records are with the Technical Records Section,
Survey Division of the DENR Regional Office. The LMB only retains some survey
records, mostly duplicates, after it decentralised its records to the DENR Regional
Offices. In LRA, survey records are with the Subdivision and Consolidation Division.
Large scale government surveys such as cadastral surveys generate the following
survey records:
Cadastral Maps indicating individual parcels and their actual geographic position;
Lot Data Computation Books;
Lot Description Books;
Monument Description Books;
Technical Description (TD) of all lots within the Cadastre;
Geographic Positions of Reference Points;
Land Use Maps and Land Use Registers;
Political Boundary Maps;
Tax Maps used for Realty Tax Valuation/Collection;
List of all claimants/occupants or owners of lands; and
Cadastral Cost Registers.
Below are some of the commonly used large scale maps that establish land ownership
and support land titling and registration.
Reminder: The lot/s on survey plans and land titles are stated in a simple plane that adjusted the curvature
of the earth in order to present the parcel in a two dimensional map. The adjustments sometimes create
seeming overlap when projected against the map of a different contiguous parcel plan from a different survey
system. It is advisable for land buyer to engage the services of a Geodetic Engineer in order to be sure
where the true boundaries of the land lies. Incurring this survey expense makes good sense to any land
buyers or mortgagee.
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(a) Land Classification (LC) Maps

These maps are generated by the land classification unit of the DENR/NAMRIA/
FMB after delineation survey is conducted, to ascertain the extent of A and D
lands of the public domain.
(b) Cadastral Maps

These maps are generated by cadastral surveys executed by the DENR for
purposes of land titling. It covers all parcels of an entire or large portion of
municipality. There is also a list of cadastral claimants per lot that is submitted
by the surveyor to DENR as part of the survey data set. All land parcels are
given a unique parcel identifier (by lot number). Cadastral maps are not updated
once it is approved. Subsequent changes to the parcels are not reflected in the
approved cadastral map.
(c) Subdivision Maps

These are parcel maps derived from subdivisions of isolated survey plans and
isolated cadastral lots. All derivative parcels of the subdivision are assigned a
unique lot number that follows the sequence of the original or "mother lot", i.e.
Lot 1 to Lot 1-A, Lot 1-B, and so forth.
(d) Tax Maps

These maps are generated by the Assessor's Office of the LGU for purposes of
identifying land parcels for land taxation (real property tax). A unique parcel
identifier (Property Index Number) is assigned to each parcel within the
municipality. Updating of the map is done by the tax mapping section of the
Assessor's Office, based from subdivision/consolidation survey plans of GEs
submitted to the LGU. The initial component of LGU tax maps are mostly
derived from DENR cadastral maps.
(e) Cadastral Digital Database (DCDB)

Are computerize maps or spatial representation showing land parcels in the
locality. The Digital Cadastre DataBase (DCDB) is the spatial representation of
the land parcels and land use/administrative/political boundaries in a locality.
The DCDB generates an computerized map base that is used in storing related
information on land and at the same time, can generate hard copy of different
map products for the public. The parcels are generated by computer programs
that convert numerical survey data sets or by digitizing existing paper maps.
DCDB usually consists of layers of different spatial representation of land
boundaries that can include administrative boundaries such as LGU
boundaries, proclaimed areas and reservations, land use, roads, natural
features, etc. that can be overlaid and used for land management purposes,
taxation or land tilting and registration
7.
Court Determination of Land Boundaries

Actual occupation and described measurement of the ownership in documents
or titles may be conflicting. If the description of the boundary is ambiguous or
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otherwise uncertain, or is in conflict with the occupations, courts may settle the
position of the disputed boundary. The actual location of any boundary, when
disputed, should be subject to the evidence of an on-ground assessment of the
land in relation to survey records, and is best undertaken by a GE.
Where any two or more boundary features or descriptions present conflicting
evidence in the determination of the true boundary position, the courts usually
favor long, acquiescent and undisturbed occupation dating to the time of the
survey as the most convincing evidence of a boundary between properties. As
a rule though, when a property is described by metes and bounds, the
described bounds (abuttals) take priority over the stated measurements. What
really defines a piece of land is not the area, calculated with more or less
certainty mentioned in the description, but the boundaries as enclosing the land
and indicating its limits. However, special circumstances may lead courts to
give more weight to other evidence presented.
In determining the boundary of the land, the court may consider the following
physical features and survey marks and descriptions:
Monumented lines (boundaries marked by survey or other defining marks,
natural or artificial);
Adjoining boundaries, i.e. contiguous lots, natural or artificial features such
as a street or road;
Statement of length, bearing or directions (Metes or measurements in the
described direction); and
Actual occupation.
A GE is not the final arbiter of boundaries which are under dispute between
owners. This is within the jurisdiction of the regular courts. The GEs role in
these matters is one of fact-finder and expert witness, providing the evidence of
what the boundaries are or how it was derived, upon which the court will make
the judgment.
CASES:
23) Golloy v. Court of Appeals, (G.R. No. 47491, May 4, 1989)
24) Cambridge Realty and Resources Corporation vs. Eridanus Development, Inc.
and Chiton Realty Corp., (G.R. No. 152445, July 4, 2008)
25) Felipe de Guzman vs. Manuel de Santos, (G.R. No. 6609. December 2, 1911)
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IV. Modes of Acquiring Title to Public Lands

A. Ownership of land must be traced to a government land grant
Regalian doctrine all lands belong to the State. Private lands must be able to trace its
root to a grant coming from the State.
1. Direct Grants (Homestead, Sales, Free Patent)

Land is given/awarded by the State to a public land applicant through a land patent;
land is considered as public land; applicant is qualified; applicant must comply with the
condition before the grant is awarded by the State and caused its registration.
2. Indirect Grants (Prescription, Accretion and Accession)

Public land becomes ipso facto (by operation of law) private lands; the state did not
directly award the land (no award of land patent), person acquires the land upon
fulfilment of certain conditions; merely confirms the title during the proceedings where it
is determined, during a court hearing that applicant has qualification and has complied
with all the conditions necessary for confirmation of title.
3. Land Grants Excludes Minerals

Constitutional limitation. All natural resources are owned by the State (Article XII, 1987
Constitution). All public land patents issued to applicants does not convey title to all
kinds of mineral resources as the same remain to be property of the State. (Section 110,
PLA).
B. General Conditions Necessary for the Issuance of a Land Patent

(Direct Grant)
The general conditions for Provided under Section 8 of Commonwealth Act No. 141 or
the Public Land Act.
1. Alienable and Disposable Lands

a) Definition - Alienable and disposable lands refer to those lands of the public
domain which have been the subject of the present system of classification and
declared as not needed for forest purposes.
b) Under Act No. 926 (1903) - Spanish grants are deemed private lands and not
subject to classification; Section 19 of Act No. 496, titles in fee simple;
c) Confirmation of Imperfect Titles applied under Spain, agricultural but court
determines suitability; (Section 48 of Act No. 926)
d) Public land disposition on lands suitable for agriculture as certified by the forestry
department;
e) Under Act No. 2874 (1919) - Present system of land classification of public land
was introduced;
(1) Blocks of lands pre-classified even prior to disposition
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(2) Classification of land as a legal object;

(3) Private lands and lands for confirmation of title not subject to classification,
land registration court makes determination
f) Under Republic Act No. 3872 (1964) - Cultural minorities can have titles to Non A
and D Lands
g) Under Section 4, Presidential Decree No. 1073 (1977) - Confirmation of Titles
Limited in A and D Lands only)
h) Under Indigenous Peoples Rights Act of 1997 - Ancestral Domain as private
property of IP.
2. Surveyed and Delineated

No survey no title - land survey is the means to determine the relative location and
area of land for purposes of property identification.
3. Not for Public or Quasi-Public Use or Appropriated by the Government.

Alienable and Disposable Lands vs. Lands for Public Use
4. Not private lands

a) The land must not be private property, nor on which a private right authorized and
recognized by this act or any valid law may be claimed (Sec. 8, CA No. 141). If
land is private already, the owner must file an application for registration of land
ownership; See Judicial confirmation of imperfect title
b) Option of land owner is to obtain free patent if qualified. The owner is deemed to
have waived his ownership over the land in favour of the State and thus can file a
public land application for free patent. There is an area limit if the land is public
land (12 hectares under the 1987 Constitution) since it is a public land grant.
c) Patrimonial Property of the Government; Disposition is under Act No. 3038
through Sale
5.
Restrictions and limitations on Transfers of Land Patents

a) Commonwealth Act No. 141 (Sections 118, 119, 120, 121 and 123)
b) Presidential Decree No. 2004 (Section 2)
c) Republic Act No. 10023 (Section 5)
6.
Area limitation under the Constitution and the law
Under the Philippine Bill of 1902 - 16 hectares
Under 1936 Constitution - 24 hectares
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6.
Qualification of Applicant
(a) Citizenship
Only citizens of the Philippines can be a grantee of public land; Non-Citizen
cannot be a grantee of public land; In Free Patent, it is required that the
applicant is a natural born citizen of the Philippines. Corporations not allowed
since 1973 to acquire public lands, however, a corporation can lease public
lands up to 1,000 hectares (1987 Constitution)
In registration of lands, corporations are allowed to register lands that has
already been acquired by its predecessor through indirect grant; rationale - the
land is already private when acquired and is not part of the public domain
anymore. Registration does not confirm ownership. See Judicial Confirmation of
Title
(b) Age
In general, there is no age limitation in public land grants; except in homestead,
the applicant must be 18 years or head of Family if minor
C. Public Land Grants in Agricultural Lands

1. Homestead - Title II, Chapter III, Sections 12 to 21 of Commonwealth Act
No. 141
a) Patent issued to frontier lands and newly released A and D lands where no
possessory rights exists
b) Upon approval of homestead application, homesteader is allowed to enter and
cultivate A & D lands
c) Grant of homestead patent is conditioned upon entry, occupation, improvement,
cultivation (1/5 of the land), residency (1 year) and final proof within 5 years
d) Homesteader cannot use share tenancy in complying with the conditions (1973)
under Presidential Decree No. 152
e) Original homestead grantees or direct compulsory heirs who still own the original
homestead at the time of the approval of CARL keeps to retain the same areas as
long as they continue to cultivate the homestead under Section 6 of RA No. 6657
as amended.
2. Sales - Title II, Chapter IV, Sections 22 to 32 of Commonwealth Act No.

141;
a) Upon approval of application, land is appraised and notice is made by publication
for bidding on the land;
b) Conditioned upon appraisal, bidding, entry, cultivation and payment.
c) Payment by 10 equal yearly installment is allowed
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3. Lease - Title II, Chapter V, Sections 33 to 43 of Commonwealth Act No.

141;
a) Corporations can lease up to 1,000 hectares
b) Private individuals (citizens) up to 500 hectares;
c) Appraisal, bidding, entry, payment
4. Free Patent - Title II, Chapter VI, Sections 44 to 46 of Commonwealth Act

No. 141.
a) Conditioned upon occupation/possession and payment of real property taxes for a
certain period
b) Last amendment on the requirements for free patent under Republic Act No.
6940; continuously occupied and cultivation and payment real property tax for 30
years prior to 1990)
c) Filing of application up to 2020 only (Republic Act No. 9176, Extending Free
Patents)
D. Public Land Grants In Residential, Commercial, Industrial Lands

1. Sales - under Title III, Chapter VIII, Sections 60 to 68 of Commonwealth
Act No 141;
a) Same as agricultural sale;
b) Appraisal; bidding; entry; introduction of improvements; and payment
2. Republic Act No. 730 (1952) - Direct sale of residential lands subject to
conditions
a) Any citizen of legal age, not the owner of a home lot in the municipality or city; in
good faith established his residence on a parcel; not needed for the public
service; private or direct sale (appraisal but no bidding); not more than one
thousand square meters; occupants has constructed his house on the land and
actually resided therein. 10% payment upon approval balance may be paid in full,
or in ten equal annual installments; restriction on transfer 15 years;
b) Restriction was removed under PD No. 2004 (1985)
3. Batas Pambansa Bilang 223 (1982-1987) - limited residential free patent

a) Conditions - any citizen, not a registered owner of a residential land in 5th class
municipalities, has been actually residing on, and continuously possessing and
occupying, under a bona fide claim of acquisition of ownership, paid all the real
estate taxes thereon since June 12, 1945, and not to exceed 3,000 sqm;
b) Not applicable in cities, and in in first class, second class third class, and fourth
class municipalities, and in townsite reservations;
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c) Law expires in 1987 without being extended
4. Republic Act No. 10023 (2010) - Residential Free Patent Law

a) Conditions - any citizen; actual occupant, resided under a bona fide claim
ownership for 10 years; land not needed for public service and/or public use;
lands zoned as residential; townsites included; delisted military reservation
abandoned military camp included; actual survey; two supporting affidavits
disinterested person(residents)
of
all
or
of
b) Applies to all cities and municipalities
D. Restrictions on Patents
Patents issued by the government are subject to the following restrictions:
1. On Transfers and Conveyances

Free patents and homestead patents issued by the government are subject to
restrictions regarding transfer and mortgage under Sections 118, 119, 120, 121 and
122 of the present Public Land Act.
Sales patents on the other hand are covered by Sections 121 and 122.
A qualified restrictions on all patents sold be national cultural minorities are covered
by Section 120.
Republic Act No. 730 that provides for the direct sale of residential lands has
restrictions on transfer and encumbrance of 15 years, however, the same was
removed by Presidential Decree No. 2004 in 1985 declaring that paragraph 2 of the
said law is too onerous and prevents utilization of the land.
Republic Act No. 10023 altogether removed the restrictions that are attached to Free
Patents under Section 5.
The policy of the government recently is to encourage he development of formal
land market by making the titles to the land tradable.
2. Easements and Servitudes

The land patented shall likewise be subject to public servitudes that exist upon lands
owned by private persons, including those with reference to the littoral of the sea
and the banks of navigable rivers (Section 111, PLA).
The state likewise reserves a right of way not exceeding sixty (60) meters for public
highways, railroads, irrigation, ditches, aqueducts, telegraph and telephone lines
and similar works as the government or any public or quasi-public service or
enterprise including mining or forest concessionaires, may reasonably require for
carrying on its business, with damages to improvements only.
Republic Act No. 1273 amended Section 90 of the PLA and provided that a strip
forty (40) meters wide starting from the bank on each side of any river or stream that
may be found on the land patented shall be demarcated and preserved as
permanent timberland to be planted exclusively to trees of known economic value,
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and that the grantee shall not make any clearing thereon or utilize the same for
ordinary farming purposes even after patent shall have been issued to him or a
contract of lease shall have been executed in his favor.
CASES:
29)Balboa vs. Farrales, G.R. No. L-27059, February 14, 1928;
30) Republic vs. Diamonon, G.R. No. L-7813, October 31, 1955;
31)Mejia vs. Mapa, G.R. No. L-7042, May 28, 1954
32) Diaz and Reyes vs. Macalinao, et al, 102 Phil. 999
33) Dauan vs. Secretary of Agriculture and Natural Resources, 19 SCRA 223
34) Pascua vs. Talens, G.R. No. L-348 April 30, 1948
35) Simeon v. Pea, GR No. L-29049, December 29, 1970;
36) Benzonan vs CA, 97998, January 27, 1992
37) Vargas and Vargas vs. Court of Appeals, GR No. L-35666, June 29, 1979
38) Santana and Panganiban vs. Marias, GR No. L-35537, December 27, 1979
39) Bajenting, et al. vs. Baes, et al., GR No. 166190, September 20, 2006
E. Title Obtained by Operations of Law (Section 14, PD No. 1529)

1. General Considerations
a) Title was obtained not by registration but by operations of law under the
assumption that the occupant of the land is qualified and has complied with the
conditions set forth. The law creates a legal fiction whereby the land, upon
completion of the requisite period ipso jury and without the need of judicial or
other sanction, ceases to be public land and become private property.
b) The title is vested to the ipso facto but it has to be confirmed by the State and
registered.
c) The land must be alienable and disposable lands of the public domain. Section 4
of PD No. 1073 (1977) amending Section 48 (b) and (c) and Judicial confirmation
of imperfect title based on unperfected Spanish grants are no longer allowed.
Adopted in PD No. 1529, Section 14 (a) in 1978.
2. Concept of Adverse Possession & Prescription

To constitute the foundation of prescriptive rights, possession must be under the
claim of title and adverse to all other claimants (open, continuous, exclusive,
notorious possession). Must be adverse and not merely tolerated. Prescription prescription does not run against the government except when it is provided by law;
does not run on registered land. It is sufficient that the land is A and D at the time of
application, the period of possession prior to declaration of A and D is included. Old
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view: time when the land is still inalienable is excluded in computing period of
adverse possession.
F. Section 14, Paragraph (a) Open, continuous, exclusive and notorious

possession and occupation of alienable and disposable lands of the
public domain under a bona fide claim of ownership since June 12,
1945, or earlier;
a) In 1976 all holders of Spanish titles or grants should apply for registration of their
lands under Act No. 496 within six (6) months afterwards Spanish titles cannot be
used as evidence of land ownership in any registration proceedings under the
Torrens system P.D. No. 892;
b) In 1977 lands that are not declared alienable and disposable are no longer
included however long the possession of the applicant was; judicial confirmation
of incomplete titles to public land based on unperfected Spanish under the laws
and royal decrees in force prior to the transfer or sovereignty from Spain to the
United States are disallowed (Presidential Decree No. 1073);
c) Period of possession before declaration of A and D is not important for disposition
as long as the land is A and D at the time of application (Heirs of Malabanan v.
Republic of the Philippines, G.R. No. 179987, April 29, 2009).
d) Evidence to Prove Adverse Possession
e) Tax Declarations - Not conclusive evidence of ownership but are good indicia of
possession in the concept of the owner. It is at least a proof that the holder has a
claim of title over the property. It announces the tax payers adverse claim against
the State and other interested parties.
G. Section 14, Paragraph (b) - Those who have acquired ownership of

private lands by prescription under the provision of existing laws;
a) Prescription of thirty (30) years begins from the moment the State expressly
declares that the public dominion property is no longer intended for public service
or the development of the national wealth or that the property has been converted
into patrimonial4 ;
CASES:
40) Republic vs. de Guzman, 326 SCRA 574 (old view) Alienable and Disposable vs.
Time of Application for Registration
41) Malabanan vs. Court of Appeals
42) San Miguel Corporation vs. Court of Appeals, 185 SCRA 722 (1990).
43)Director of Lands vs. IAC and Acme Plywood and Veneer Co. Inc. G.R. No.
73002, December 29, 1986)
4Section
14(2) is patrimonial property as defined in Article 421 in relation to Articles 420 and 422 of the Civil
Code.
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44)Susana Meguinto, et al. vs. Republic of the Philippines, GR No. 134308,

December 14, 2000).
45) Republic vs. de Guzman, 326 SCRA 574
46) Republic of the Philippines vs. East Silverland Realty Development Corporation;
G.R. No. 186961, February 20, 2012;
47) Tan, et al. vs. Republic of the Philippines, G.R. No. 193443, April 16, 2012.
H. Section 14, Paragraph (c) - Right of accession or accretion;

1. Article 457 of Civil Code to the owners of lands adjoining the banks of rivers belong
the accretion which they gradually receive from the effects of the current of the
waters; Law Of The Waters - the accretion resulting from the gradual deposit by or
sedimentation from the waters belongs to the owners of the land bordering on
streams, torrents, lakes, or rivers;
2. By law, accretion - the gradual and imperceptible deposit made through the effects
of the current of the water belongs to the owner of the land adjacent to the banks of
rivers where it forms. The drying up of the river is not accretion. Hence, the dried-up
river bed belongs to the State as property of public dominion, not to the riparian
owner; they are not open to registration under the Land Registration Act. The
adjudication of the lands in as private property is null and void.
3. Ownership over the accretion received by the land adjoining a river is governed by
the Civil Code; but land has to be registered otherwise it can be lost by reason of
prescription and/or occupation of others;
CASES:
48) Maximo Cortes vs. City Of Manila, G.R. No. L-4012, March 25, 1908
49)Republic vs. C.A. and Tancinco, et al., G.R. No. L-61647 October 12, 1984;
50) Republic vs. Santos III and Santos, Jr., November 12, 2012, 2012G.R. No.
160453
51) Ignacio Grande vs. Court of Appeals, G.R. No. L-17652, June 30, 1962
D. Section 14, Paragraph (d) - Those who have acquired ownership of

land in any other manner provided for by law.
E. Title issued under CARP (Republic Act No. 6657, as amended by
Republic Act No. 9700)
1. Coverage
All alienable and disposable lands of the public domain devoted to or suitable for
agriculture. All other lands owned by the Government devoted to or suitable for
agriculture; and All private lands devoted to or suitable for agriculture regardless of the
agricultural products raised or that can be raised thereon.
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2. Exemptions and Exclusions. (Section 10, RA No. 6657)

Lands actually, directly and exclusively used for parks, wildlife, forest reserves,
reforestation, fish sanctuaries and breeding grounds, watersheds and mangroves;
private lands used for prawn farms and fishponds; lands used and necessary for
national defense, school sites and campuses, public or private schools for educational
purposes, seeds and seedlings research and pilot production center, church sites and
convents appurtenant, mosque sites and Islamic centers, communal burial grounds and
cemeteries, penal colonies and penal farms actually worked by the inmates,
government and private research and quarantine centers and all lands with eighteen
percent (18%) slope and over, except those already developed.
3. Retention Limits Land Area

a) Retention by the landowner shall not exceed five (5) hectares.
b) Three (3) hectares may be awarded to each child of the landowner, subject to the
following qualifications: (1) that he is at least fifteen (15) years of age; and (2) that
he is actually tilling the land or directly managing the farm.
c) Landowners whose lands have been covered by Presidential Decree No. 27 shall
be allowed to keep the area originally retained by them thereunder;
d) Original homestead grantees or direct compulsory heirs who still own the original
homestead at the time of the approval of this Act shall retain the same areas as
long as they continue to cultivate said homestead.
4. Ceiling of Award to Beneficiaries

Not exceeding three (3) hectares, which may cover a contiguous tract of land or several
parcels of land cumulated up to the prescribed award limits. A landless beneficiary is
one who owns less than three (3) hectares of agricultural land.
5. Transferability of Awarded Lands

CLOAs cannot be sold, transferred or conveyed for ten (10) years except by:
a) Hereditary succession;
b) To the government
c) To the Land Bank
d) Other qualified beneficiaries through the DAR.
6. Repurchase
Children or the spouse of the transferor within a period of two (2) years (Sold to the
Government and Land Bank)
7. Collective Titles
Option provided that the total area that may be awarded shall not exceed the total
award limit of all beneficiary. Title to the property shall be issued in the name of the coPage 40 of 92
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owners or the cooperative or collective organization as the case may be. If the
certificates of land ownership award are given to cooperatives then the names of the
beneficiaries must also be listed in the same certificate of land ownership award.
Cases:
52) DOJ OPINION NO. 100, s. 2012, November 13, 2012
K. Title issued under IPRA Law

1. Identification and delineation of Ancestral Domain
2. Issuance of Ancestral Domain Certificate of Title
3. Ancestral Domain and the Regalian Doctrine
Cases:
53) Cruz vs. DENR Secretary, GR No. 135385, December 6, 2000
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VI. Procedure and Processes

A. Public Land Applications
1. General Rules
The right to lands disposed by the State through patents are administratively
determined during the public land application process. The process is not adversarial
since the applicant does not claim private ownership on the land. The applicant in public
land applications is asking the State for a land grant base on Article XII of the
Constitution that allows citizens to received alienable and disposable lands, subject to
certain conditions, from the State by way of homestead, sale or grants. It is conditioned
generally on the utilization of the land for productive purposes.
During the process of adjudication, the applicant establishes his/her personal
qualification and proves his/her fulfilment of the conditions necessary for the issuance of
the particular grant or patent that he/she applied for.
The government agency that handles the adjudication process is the DENR under
Commonwealth Act No. 141 (Public Land Act) as amended, Republic Act No. 10023
(Residential Free Patent Law) and Republic Act No. 730 (Direct Sale of Residential
Lands). Generally, the DENR has exclusive jurisdiction over the disposition of lands of
the public domain in the absence of specific legislation to the contrary.
Public land applications are processed at the DENR Community Environment and
Natural Resources Office (CENRO) and patents are generally signed and issued by the
DENR Provincial Environment and Natural Resources Office (PENRO). The approved
and signed patents are transmitted to the Register of Deeds of the province or city by
the DENR for registration (Section 103 of PD No. 1529). Application for a public land
grant is administrative in nature although the DENR is exercising in the process quasijudicial powers when adjudicating applications and has authority to to determine
conflicting claims of applicants and occupants of public land (Section 102, PLA) subject
to judicial review in case of fraud, imposition or mistake, other than error of judgment in
estimating the value or effect of evidence.
The authority to sign patents is generally vested to the President of the Philippines as
Chief Executive. Throughout the years, however, the signing of patent was
decentralised by Congress to the different levels within the bureaucracy of the DENR.
Under E.O. No. 192 (1987) reorganizing and the integration of the different Bureaus
under the in the Regional/Field Office Set-up, the Secretary of the newly organized
DENR was given a general mandate to implement public land laws, with powers to
delegate includes the power to sign patents and to delegate the same to such officers
as he may deem fit. At present, up to 5 hectares (PENRO), more than 5 but not
exceeding 10 (RED), in excess of 10 (Secretary). Under Republic Act No. 10023, the
authority to sign patent was specifically delegated by Congress to the PENRO (Section
6, RA No. 10023).
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2. Processes and procedure are governed by administrative orders,

circulars and manuals; below is a summary of the process:
(a)
Survey of the Land

Survey is a requirement before public lands can be disposed to private
persons under the different public land laws.
Survey is necessary in order to identify the land and delineates its
boundaries
DENR has records of all approved land surveys. If the land has no
approved survey, the applicant must request for a survey authority from
the DENR in order to have the land surveyed by a private geodetic
engineer.
If the land is unsurveyed, the applicant may file the Public Land
Application first and thereafter request for a survey authority/order to
delineate his/her claim.
The DENR sometimes conduct simultaneous survey and adjudication of
land (systematic adjudication process).
(b) Filing of Application (CENRO)

Non-lawyers can file and process public land applications (PLA) since
the procedure is non-technical, informal and not adversarial. DENR
personnel assist PLA applicants in the accomplishment of forms and
gathering of documents, evidence and certifications in support of the
application
Public Land Applications are submitted under oath; DENR officers may
administer oath to applicants when filing an application
A representative with Special Power of Attorney may file in behalf of the
applicant
Application must be complete including all documentary requirements to
enable the land examiner and/or inspector to evaluate the application.
(c) Examination of the Applicant for Personal Qualification to own

public land
Check the nationality of the applicant
Check land holdings of the applicant in the land allocation record book
(d) Examination and Inspection of the Land

Ocular Inspection by the Land Inspector to check status (A & D), actual
use of the land and to validate if there are claims or conflicts on the
ground
Notice of the application shall be posted by the DENR
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Prepare Inspection Report by the Public Land Inspector

Inspection report must be approved by the Land Management Officer
(e) Approval of application

In Free Patents, upon approval of application, a patent is prepared at the
CENRO for signing of the PENRO
In Homestead, upon approval of the application, an entry permit is issued
allowing the homesteader to enter, occupy and cultivate the land upon
payment of the entry fee.
Final Proof upon completion of the 1/5 cultivation requirement has to be

filed by the homesteader
Re-investigation and preparation of Re-investigation report, (Cultivation,

residency, etc) upon filing of the filial proof
In Ordinary Sales, upon approval of the application, the land shall be

appraised and the sale shall be published for bidding.
The land shall be awarded to the highest bidder.
The applicant, however, can match the highest bid to secure the
award.
Upon full payment (10 equal yearly instalment is allowed), the DENR
shall inspect the land to check compliance and shall prepare a reinvestigation report;
In Direct Sale under Republic Act No. 730, upon approval of the
application, the land shall be appraised by an Appraisal Committee at the
CENRO.
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There is no bidding under RA No. 730
The appraisal has to be approved by the DENR Secretary before an

Order of Payment shall be issued.
Upon full payment (10 equal yearly instalment is allowed), the DENR
shall inspect the land to check compliance and shall prepare a reinvestigation report;
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(f) Approval and Signing of the Patent

Approval and signing of Patents under E.O. No. 192 (1987), the
Secretary of the DENR was given a general mandate to implement
public land laws including the power to delegate the signing of
patents. At present, the signing authority is as follows: up to 5
hectares (PENRO), more than 5 but not exceeding 10 (RED), in
excess of 10 (Secretary). But under Republic Act No. 10023, the
PENRO is specifically designated by the law as the final approving
officer of Residential Free Patents.
(g) Transmission to the Register of Deeds of the Patent by the
Approving Officer (See Section 103, PD No. 1529)
It is the duty of the approving officer to transmit the Patent to the
Register of Deeds for registration. Applicants, however, shall pay the
necessary registration fees before the registered patents are
released to them.
CASES:
(55) Geukeko vs. Araneta (G.R. No. L-10182, December 24, 1957; 102 Phil 706)
(56) Ortua vs. Encarnacion, G.R. No. 39919, January 30, 1934;
(57) Custodio Mari vs. Secretary of Agriculture and Natural Resources (G.R. No.
L-5622, December 29, 1952);
(58) Mauleon vs. Court of Appeals, (G.R. No. L-27762, August 7, 1975)
B. Confirmation of Imperfect Title

1. General Rules
Judicial proceedings for the registration of lands throughout the Philippines shall be in
rem and shall be based on the generally accepted principles underlying the Torrens
system.
Powers of the Land Registration Authority
a) Section 6 of PD 1529
b) Register of Deeds, see Section 10 of PD 1529
Ordinary vs. Cadastral Proceedings
Ordinary is isolated and voluntary - pertains to isolated parcel of land initiated
voluntarily by the land owner/occupant
Cadastral is mass and compulsory - pertains to a proceedings covering all the
parcels in the municipality/city; initiated by the government
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2. Ordinary Registration Procedure (See Section 14 to 30 PD No. 1529)

a)
Filing of the application (Regional Trial Court, BP No. 129)
b)
Issuance of an Order setting the date and hour of the Initial

hearing which shall not be earlier than forty-five days nor later
than ninety days from the date of the order.
a) Notices
Publication Official Gazette;
Mailing; and
Posting.
b) Filing of Opposition
Any person claiming an interest may appear and file an opposition on or
before the date of initial hearing or anytime as may be allowed by the
court. The opposition shall state all the objections to the application and
shall set forth the interest claimed by the party; the remedy desired;
signed and sworn;
c) Initial/Jurisdictional hearing
Applicant presents evidence of compliance to the order of the court for
notices on the setting of initial hearing; court will ask if there are
oppositions
d) Order of Default
If no person appears and answers, upon motion of the applicant the court
may order a default to be recorded and require the applicant to present
evidence. But when an appearance has been entered and an answer
filed, a default order shall be entered against persons who did not appear
and answer.
e) Hearing/Referee/Commisioner The court may hear the case (applicant presents evidence; oppositors
presents evidence) or refer the case or any part to a referee; hearing at
any place within the province; submit his report thereon to the court within
fifteen days after the termination of such hearing. Court may adopt the
report or set it aside for further proceedings;
f) Judgement Within ninety (90) days from the date the case is submitted for decision.
The Court, after considering the evidence and the reports of the
Commissioner of Land Registration and the Director of Lands, finds that
the applicant or the oppositor has sufficient title proper for registration,
judgment shall be rendered confirming the title of the applicant, or the
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oppositor, to the land. Becomes final upon the expiration of thirty (30)
days to be counted from the data of receipt of notice of the judgment. An
appeal may be taken from the judgment of the court as in ordinary civil
cases.
Partial Judgement - All conflicting claims of ownership and interest in the
land subject of the application determined by the court but the court may
render partial judgement where only a portion of the land is contested.
g) Issuance of Decree
After judgment has become final and executory, the court issue an order
to LRA for the issuance of the decree of registration and the
corresponding certificate of title in favor of the person adjudged entitled to
registration.
h) Transmission of the Decree to the Register of Deeds

3. Cadastral Registration Proceedings (Sections 35-38 of PD No. 1529)
a) Cadastral Survey of the Land
Order of the Director of Lands to cause a cadastral survey of the lands and
the plans and technical description be prepared.
First Notice - Notice to persons claiming any interest in the lands as well as
to the general public of the survey, giving as fully and accurately as possible
the description of the lands By Publication once in the Official Gazette
Posting in a conspicuous place on the bulletin board of the municipal

building of the municipality in which the lands or any portion thereof is
situated.
Notice to the mayor of such municipality as well as to the barangay

captain and likewise to the Sangguniang Panlalawigan and the
Sangguniang Bayan concerned.
Second Notice - Notice of the date on which the survey of any portion of
such lands by posting in the bulletin board of the municipal building of the
municipality or barrio in which the lands are situated by the GE or DENR.
Duty of the Geodetic Engineer - To enter upon the lands for the purpose of
the survey; and to mark the boundaries of the lands by monuments set up in
proper places thereon.
Duty of the claimant/s - communicate with the Geodetic Engineer upon his
request for all information possessed by such person concerning the
boundary lines of any lands to which he claims title or in which he claims any
interest.
Penalty: Any person who shall wilfully obstruct the making of any survey
undertaken by the Bureau of Lands or by a licensed Geodetic Engineer duly
authorized to conduct the survey under this Section, or shall maliciously
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interfere with the placing of any monument or remove such monument, or

shall destroy or remove any notice of survey posted on the land pursuant to
law, shall be punished by a fine of not more than one thousand pesos or by
imprisonment for not more than one year, or both.
b) Filing of Petition by DENR

After the survey the DENR thorough the Solicitor General shall institute
original registration proceedings by filing a petition in Regional Trial Court of
the place where the land is situated against the holders, claimants,
possessors, or occupants of such lands stating that such titles to the land be
settled and adjudicated.
Contents:
A description of the lands and shall be accompanied by a plan; and
May contain such other data as may serve to furnish full notice to the
occupants of the lands and to all persons who may claim any right or
interest therein.
Where the land consists of two or more parcels held or occupied by

different persons, the plan shall indicate the boundaries of the parcels
The parcels shall be known as "lots" and shall on the plan filed in the
case be given separate numbers by the Director of Lands, which numbers
shall be known as "cadastral lot numbers.
The lots situated within each municipality shall be numbered

consecutively beginning with number one and only one series of numbers
shall be used. However in cities or townsites, a designation of the
landholdings by blocks and lot numbers may be employed instead of the
designation by cadastral lot numbers.
The cadastral number of a lot shall not be changed after final decision
has been entered decreasing the registration thereof, except by order of
court. Future subdivisions of any lot shall be designated by a letter or
letters of the alphabet added to the cadastral number of the lot to which
the respective subdivisions pertain. The letter with which a subdivision is
designated shall be known as its "cadastral letter": Provided, however,
that the subdivisions of cities or townsites may be designated by blocks
and lot numbers.
c) Answer
Any claimant in cadastral proceedings, whether named in the notice or not,
shall appear before the court and shall file an answer on or before the date
of initial hearing or within such further time as may be allowed by the court
and shall state:
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Marital status;
Name of the spouse and the date of marriage,
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Nationality
Residence and postal address, and
The age
The cadastral number of the lot or lots claimed
The name of the barrio and municipality in which the lots are situated;
The names and addresses of the owners of the adjoining lots so far as
known to the claimant;
If the claimant is in possession of the lots claimed and can show no

express grant of the land by the government, the answer shall state the
length of time he has held such possession and the manner in which it
has been acquired;
If the claimant is not in possession or occupation of the land, the answer

shall fully set forth the interest claimed by him and the time and manner of
his acquisition;
If the lots have been assessed for taxation, their last assessed value; and
The encumbrances, if any, affecting the lots and the names of adverse
claimants, as far as known.
d) Hearing
The trial of the case in a place within the province in which the lands are
situated; Claimant presents evidence
Orders for default and confessions entered, in the same manner as in
ordinary land registration proceedings and shall be governed by the same
rules.
All conflicting interests shall be adjudicated by the court and decrees
awarded in favor of the persons entitled to the lands or to parts thereof
and such decrees shall be the basis for issuance of original certificates of
title in favor of said persons
e) Judgement
Same as ordinary registration
f) Issuance of Decree
After judgment has become final and executory, the court issue an order
to LRA for the issuance of the decree of registration and the
corresponding certificate of title in favor of the person adjudged entitled to
registration.
CASES:
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I. Land Registration in General

A. Importance of Land Registration
Provide order and stability in society by creating security in property ownership not
only for landowners but also for investors, bankers, government, etc.
The systems of land registration are frequently directed at protecting the interests of
individual landowners but they are also instruments of national land policy and
mechanisms to support economic development.
B. Function of Land Registration

Every land administration system should include some form of land registration,
which is a process for recording, and in some countries guaranteeing, infor.mation
about the ownership of land.
Land registration is a process of official recording of rights in land through deeds or
as title on properties. It means that there is an official record (land register) of rights
on land or of deeds concerning changes in the legal situation of defined units of
land. It gives an answer to the questions who and how. In some countrys, this
information regarding ownership of identifiable parcel units are contained in a
cadastre
The function of land registration is to provide a safe and certain foundation for the
acquisition, enjoyment and disposal of such rights in land.
C. General Legal Principles in Land Registration

1. The Identity of the Object and the Subject
The concerned subject (owners and rights holders) and object (real property defined
as a parcel) is unambiguously and clearly identified.
What is owned by who or who owns what?
2. The Consent
The real entitled person who is booked as such in the register must give his consent
for a change of the inscription in the land register.
Exception - Involuntary actions
3. The Booking
The change in real rights on an immovable property, especially by transfer, is not
legally effected until the change or the expected right is booked or registered in the
land register.
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4. The Publicity
The legal registers are open for public inspection, the published facts can be upheld
as being correct by third parties in good faith and can be protected by law.
RD obligated to report certain transaction to the anti-money laundering council:
Republic Act No. 10365 "An Act Strenthening the Anti-Money Laundering Law,
Amending for the Purpose Republic Act No. 9160 Othersie known as the "AntiMoney Laundering Act of 20011", as amended:
SEC. 7. Creation of Anti-Money Laundering Council (AMLC). The AntiMoney Laundering Council is hereby created and shall be composed of the
Governor of the Bangko Sentral ng Pilipinas as Chairman, the Commissioner
of the Insurance Commission and the Chairman of the Securities and
Exchange Commission, as members. The AMLC shall act unanimously in the
discharge of its functions as defined hereunder:
(12) to require the Land Registration Authority and all its Registries of Deeds
to submit to the AMLC, reports on all real estate transactions involving an
amount in excess of Five hundred thousand pesos (P500,000.00) within
fifteen (15) days from the date of registration of the transaction, in a form to
be prescribed by the AMLC. The AMLC may also require the Land
Registration Authority and all its Registries of Deeds to submit copies of
relevant documents of all real estate transactions.
D. Title and Deed Registration System

1. Deed Registration
In Deed Registration, the deed executed by the parties, being a document which
describes an isolated transaction on a piece of land, is registered. This deed is
evidence that a particular transaction took place between the parties, but it is in
principle not in itself a proof of the legal rights of the transacting parties to deal with
the land. Thus before any dealing can be safely effected, the ostensible owner must
trace his ownership back to a good root of title.
In Deed Registration, the initial enrolment or original registration of a parcel of land
to the system is not necessary. The determination of the rights of the holder of the
ostensible title is not material to the registrar as what he is recording are not titles
that his office guarantees but only the transactions or dealings of the parties.
2. Title Registration
In Title Registration, it is not the deed describing the transfer of rights but the legal
consequence of the transaction or the right itself that is registered. The registrar
modifies, cancels and issues new titles in accordance with the deed executed by the
parties to a transaction. To be able to effectively register and issue titles, the
registrar only accepts titles that has been determined and declared by the State as
indefeasible titles or those titles has been adjudicated in a proceeding that binds
everyone. This indefeasible titles are then registered and a certificate of title issued
to the owner with a guarantee from the State that the person holding the same is the
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true and lawful owner of the property described and that any person can transact
with the registered owner with confidence that the land is not subject to any
unregistered claim coming from third persons.
Title Registration system shifts the balance significantly towards facility of transfer. It
provides a public register of interests in land and enables a purchaser who complies
with the system to acquire ownership free of a prior interest which is not recorded in
the register.
3. Difference
Deed registration is concerned with the registration of the legal fact and while title
registration is concerned with the legal consequence of that fact. In other words, in
deed registration, the registrar only records the fact that there was a transaction on a
piece of land between the parties by recording the deed evidencing said
transaction while in title registration, the registrar records the effect of the deed
executed by the parties and correspondingly makes modification on the title to the
land subject of the transaction. Thus, if the deed that was executed by the parties
effectively transferred the land to the buyer, the title registry will cancel the title of the
registered owner and issue a new title to the buyer as the new owner of the land
since this cancellation of the title and issuance of a new one is the legal
consequence of the such sale.
E. Torrens System of Land Registration

1. Purpose of the Torrens System in General
Provide security of ownership, that is, it should protect an owner against being
deprived of ownership except by his or her own act or by specific operation of a legal
process such as expropriation or debt collection.
Provide facility of transfer, that is, it should enable anyone, particularly a purchaser,
to acquire ownership easily, quickly, cheaply and safely. Unfortunately, the measure
designed to achieve one of these purposes is likely to militate against achieving the
other.
2. Principles Behind the Torrens System

Under the torrens system was devise to make transfer of title effective, efficient and
simple. In order to do this, title to land are initially acquired only by enrolling the land
into the system (original registration) and thereafter all subsequent transfers and
dealings on the land have to be registered to have an effect against third persons
should be registered.
The Mirror Principle

The register is supposed to reflect the correct legal situation on the parcel; the
register should reflect as accurately as possible the true state of title to land so
that persons who propose to deal with land can discover all the facts relative to the
tile
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The Curtain Principle

No further historical investigation on the title "beyond what is stated register is
necessary; a purchaser should not need to go behind the register to investigate
the root of the title
The Insurance or Guarantee Principle

The State guarantees that what is registered is true for third parties in good faith
and that a bona fide rightful claimant who is contradicted by the register is
reimbursed from an insurance fund of the state.
F. Kinds Title Registration

1. Original Registration
It deals with the initial compilation of land titles in the registers through the
determination of tenurial right holder to the land.
In the Philippines, this is done through the registration of patents and registration of
decrees after original disposition of the State of lands from the public domain.
Adjudication, as it is called in other countries, of private ownership on lands is the
first function that the system of land registration has to fulfil. The conferment of first
time ownership of the land by the State to a private individual or entity creates titles
that are registered with the land registry. These original titles made up the initial
compilation of land rights in a land registration system.
2. Subsequent Transactions and Transfers of Right

After the original registration of titles conferred by the State, registered owners may
transact their rights on the lands with other persons through deeds and other pubic
instruments. Such deed or public instrument affecting registered land is made of public
record through registration of such deed or sale with the land registry.
a) Simple transfer of rights

A person takes the interest of the registered owner of a parcel of land as the
same well-defined parcel.
C. Transfers of rights with changes in the Property Unit

The transaction caused the formation of new parcels of land. In this kind of
transfer, the parcel as a property as a unit and the interest thereat changes as
a result of the transfer. This changes are caused by subdivision or
consolidation of land parcels and involves an elaborate procedure of
delineation of the new property unit/s. The new owner and his interest will have
to be connected to the newly formed parcels. This means that the existing
registers have to be updated due to subsequent changes in the boundaries of
the parcels.
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II. Land Registration in the Philippines

In the Philippines, there are presently only two (2) systems of registration of real
property or rights therein, namely, the Torrens system, and the system of recording of
unregistered real estate. The Spanish Mortgage Law system of registration has been
discontinued with the enactment of P.D. 892, dated February 16, 1976 and P.D. 1529
dated June 11, 1978. Section 1 of P.D. 892 provides that the system of registration
under the Spanish Mortgage Law is discontinued and all lands recorded under said
system which are not yet covered by Torrens Titles shall be considered unregistered
lands under Section 113 of PD No. 1529.
A. Operation of the Torrens System in the Philippines

Introduced under Act 496 and Presidential Decree No. 1529
1. The Mirror Principles

The register is supposed to reflect the correct legal situation on the parcel.
a) Certainty as to the Identity of the Land

Land identification is done through survey; survey is a requirement before a land
can be registered.
Survey of the land before approval of public land application (Section 8 of
CA No. 141)
Survey of the land before registration (Section 15 for original voluntary
registration and Section 35 and 36 for Cadastral)
Approval of the subdivision survey of the land before issuance of new
derivative titles (Section 50, PD No. 1529)
Exception: Mistakes in the resurvey or subdivision of registered land
resulting in the expansion of the area in the certificate of title is not a
recoverable loss from the Assurance fund (Section 101 of PD No. 1529)
b) Certainty as to the Ownership of the Land

The identity of the owner of the registered land is ensured during the original
registration proceedings, cadastral registration proceedings or through the
processing of public land application under the Public Land Act; the personal
circumstances of applicants are secured during the proceedings;
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The proceedings in original registration by operations of law is in rem and

adversarial, thus, the whole world is given an opportunity to contest ownership of
the applicant. In public lands where the state (as owner) directly confers the land
to the grantee who has to be qualified by the lands department.
Statement of personal circumstances in public land applications;
Statement of personal circumstances in ordinary and cadastral registration
proceedings;
Statement of personal circumstances in the certificate of title. (Section 45 of
PD No. 1529)
Posting of Notice of the Applications
Publications
2. The Curtain Principle - The Creation of an Indefeasible Titles

No further historical investigation on the title beyond what is stated in the certificate of
title issued by the title registry is necessary; a purchaser should not need to go behind
the certificate of title to investigate the root of the title; indefeasible titles on land are
created by registration under the system.
Every registered owner receiving a certificate of title in pursuance of a decree of
registration and every subsequent purchaser of registered land taking a certificate of
title for value and in good faith holds the same free form all encumbrance except
those noted in the certificate. (Section 44, PD No. 1529);
A certificate of title shall not be subject to collateral attack. It cannot be altered,
modified or cancelled except in a direct proceeding in accordance with law (Section
48, PD No. 1529)
No title to registered land in derogation of the title of the registered owner shall be
acquire by prescription. (Section 47, PD No. 1529)
3. Exception to Indefeasibility
Every registered owners and subsequent purchasers of registered lands are
subject to the following encumbrances on the title even if these does not appear
on the certificate of title.
Liens, claims or rights under the law which are not required to appear of record
in the Registry of Deeds
Unpaid real estate taxes levied and assessed within 2 years
Public high ways/canals or private way if the title does not state that the
boundaries of such highway have been determined
Disposition pursuant to agrarian reform law
Registered land are subject to burdens and incident as any arise by operation
of law.
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Rights incident to marital relation

Landlord and tenant relationship
Liability to attachment or levy on execution
Liability to any lien of any description established by law on the land and the
buildings
Change the laws of descent
Rights of partition between co-owners
Right to take the same by eminent domain
Liability to be recovered by an assignee in insolvency or trustee in bankruptcy
under the laws relative to preferences
Change or affect in any way other rights or liabilities created by law and
applicable to unregistered land, except as otherwise provided under PD No.
1529.
Deferred indefeasibility
In Decree - the case cannot be reopened except if such decree was
obtained by actual fraud, action should be filed within 1 year after the
issuance of decree. (Section 32, PD No. 1529)
In Patents - the date of the issuance of patents corresponds to the date of
the issue of the decree in ordinary registration cases, because the decree
finally awards the land applied for registration to the party entitle to it and the
patent issued by the Director of Lands equally and finally grants, awards and
conveys the land applied for to the applicant. The purpose and effect of both
the decree and the patent is the same
4. Action for Reconveyance

A legal and equitable remedy granted to the rightful land owner of land which has
been wrongfully or erroneously registered in the name of another for purpose of
compelling the latter to transfer or reconvey the land to him.
A person who has been wrongfully or fraudulently deprived of his real property or
interest therein may file an action for reconveyance of said property against the
person who perpetuated the fraud. Instances: mistake, fraud, forgery, breach of
trust, misrepresentation, illegality, lack of marital consent, erroneous inclusion of the
land, registration in bad faith, double titles, double sales, exclusion of co-heirs,
expanded areas, equity, re issuable contracts, voida le contracts, up enforceable
contracts, void and in existent contracts.
Effect - it operates as an implied trust under Article 1456 of the Civil Code. Thus, an
action to enforce an implied trust is an action based upon an obligation created by
law. (Villagonzago vs IAC, GR No. 71110 November 22, 1988)
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February 22, 1961, Juan C. Villagonzalo purchased Lot No. 7429 of the
Ormoc Cadastre containing an area of 97,213 sq. meters covered by Transfer
Certificate of Title No. 24611 of the Register of Deeds of Ormoc City, from the
Heirs of Roman Matuguina for Pl,500.00. It was made to appear however that
the sale was in the name of his daughter, Cecilia Villagonzalo, who was single,
since he borrowed from her the sum of P500.00 to complete the full payment
of the price of the lot. Consequently, TCT No. 4259 was issued in the name of
Cecilia A. Villagonzalo as the registered owner on July 18, 1962. A complaint
for was filed on April 2, 1975 thirteen (13) years after the issuance of Transfer
Certificate of Title No. 4259 on the subject land in the name of the defendant
Cecilia Villagonzalo by Juan C. Villagonzalo and Felicisima A. Villagonzalo
who claims inheritance.
Instances:
a. Forgery
(1) Cannot be presumed (Aznar Brother Realty Co. v. CA, 327 SCRA 359)
Lot No. 4399 containing an area of 34,325 square meters located in LapuLapu City, was acquired by AZNAR from the heirs of Crisanta Maloloy-on by
virtue of an Extrajudicial Partition of Real Estate with Deed of Absolute Sale
dated 3 March 1964. This deed was registered with the Register of Deeds of
Lapu-Lapu City on 6 March 1964 as shown on the face thereof. Luis Aying et
al, were allegedly allowed to occupy portions of Lot No. 4399 by mere
tolerance. Later, AZNAR entered into a joint venture with Sta. Lucia Realty
Development Corporation for the development of the subject lot into a multimillion peso housing subdivision and beach resort. AZNAR filed a unlawful
detainer. Aying are in possession of the land and claimes that the Extrajudicial
Partition of Real Estate with Deed of Absolute Sale is void ab initio for being
simulated and fraudulent, and they came to know of the fraud only when
AZNAR entered into the land in the last quarter of 1991 and destroyed its
vegetation. They then filed with the Regional Trial Court (RTC) of Lapu-Lapu
City a complaint seeking to declare the subject document null and void.
It is worthy to note that the Extrajudicial Partition with Deed of Absolute Sale
is a notarized document. As such, it has in its favor the presumption of
regularity, and it carries the evidentiary weight conferred upon it with respect
to its due execution. It is admissible in evidence without further proof of
authenticity and is entitled to full faith and credit upon its face. He who denies
its due execution has the burden of proving that contrary to the recital in the
Acknowledgment he never appeared before the notary public and
acknowledged the deed to be his voluntary act. It must also be stressed that
whoever alleges forgery has the burden of proving the same. Forgery cannot
be presumed but should be proved by clear and convincing evidence. Private
respondents failed to discharge this burden of proof; hence, the presumption
in favor of the questioned deed stands.
Note: deed was registered under Act 3344; title was reconstituted in 1988;
conveyance of the land is different from the conveyance of the title (?)
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(2) The rule is that the registration procured by the presentation of a forged
duplicate certificate of titles forged deed of sale or other instruments is null
and void (Sec. 53 of PD 1529)
(a) Fule v. De Lagare (7 SCRA 351)
Emilia E. de Legare, was the owner of a parcel of land with house
situated at No. 146 Sta. Mesa Boulevard Extension, San Juan, Rizal,
covered by Transfer Certificate of Title No. 21253, issued by the Office of
the Register of Deeds of the Province of Rizal. She was living in that
house together with defendant John W. Legare, her adopted son, and a
maid named Purita Tarrosa. On September 26, 1951, the land was
mortgaged to Tomas Q. Soriano to guarantee the payment of a loan in
the amount of P8.000.00. This and recorded in the Office of the Register
of Deeds of the province of Rizal. Sometime May 1953, John made Emila
to sign a deed of sale in a fraudulent scheme (Huk Balahap and Hotel
story). John offered the property in sale to Conrado C. Fule and Lourdes
F. Aragon. Conrado C. Fule read the title papers in the hand of John W.
Legare and inspected the premises, and satisfied with the result of his
inspection, he agreed to purchase the property for P12,000.00 on
condition that the sum of P7,000, the unpaid balance to Tomas Q.
Soriano secured by a mortgage thereon, would be deducted from the
price, and that he would assume said mortgage. The deed of sale
executed by the Emilia in favor of defendant John W. Legare issued in
the name of the latter transfer certificate of title No. 30126 which
cancelled transfer for certificate of title No. 21253 then the deed of sale
executed by John W. Legare in favor of the spouses Conrado C. Fule
and Lourdes F. Aragon and issued in favor of the latter transfer certificate
of title No. 30127 , which cancelled transfer certificate of title No. 30126,
and then annotated on the memorandum of encumbrances of transfer
certificate of title No. 30127 the deed of mortgage executed in favor of
Tomas Q. Soriano by said spouses. .
Court said that Fule exercise all caution while Emilia Aragon was not
prudent. Although the deed of sale in favor of John W. Legare was
fraudulent, the fact remains that he was able to secure a registered title
to the house and lot. It was this title which he subsequently conveyed to
the herein petitioners. We have indeed ruled that a forged or fraudulent
deed is a nullity and conveys no title (Director of Lands vs. Addison, 49
Phil., 19). However, we have also laid down the doctrine that there are
instances when such a fraudulent document may become the root of a
valid title. One such instance is where the certificate of title was already
transferred from the name of the true owner to the forger, and while it
remained that way, the land was subsequently sold to an innocent
purchaser. For then, the vendee had the right to rely upon what appeared
in the certificate (Inquimboy vs. Cruz, 108 Phil., 1054).
(b) Deed executed by an impostor (Tenorio-Obsequio v. CA, 230 SCRA 550)
On September 10, 1986, Alimpuos filed a complaint in the court a quo
against herein petitioners Consorcia Tenio and her husband, Orlando
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Obsequio, and the heirs of Eduardo Deguro for recovery of possession

and ownership.
in 1964, they mortgaged the land to Eduardo Deguro for P10,000.00;
that to guaranty the loan they delivered to the latter the original
certificate of title to the land; that in the meantime, they continued to
cultivate the same and, at the end of the harvest season, they gave
two-thirds (2/3) of the harvest to Eduardo Deguro; that on June 25,
1965, Eduardo Deguro and his wife, without the knowledge and
consent of herein private respondents, prepared a document of sale
and through misrepresentation and other manipulations made it appear
that private respondents sold the land to them.
This deed of sale was annotated at the back of the said certificate of
title as Entry No. 16007. By virtue thereof, Original Certificate of Title
No. P-1181 in the name of Eufronio Alimpoos was cancelled and
Transfer Certificate of Title No. T-1360 was correspondingly issued in
favor of Eduardo Deguro. After the death of Eduardo Deguro, his heirs
sold the land to Consorcia Tenio-Obsequio. On September 22, 1970,
Transfer Certificate of Title No. T-1421 was issued in her name. It was
allegedly only in 1982, when Eufronio Alimpoos received a Certificate
of Agricultural Leasehold of his land from the Department of Agrarian
Reform (DAR), that he learned that the land was already titled in the
name of another.
(c) Duty of the buyer to ascertain the identity of the seller especially when he
is not a registered owner (Treasurer of the Philippines v. CA, 153 SCRA
359)
Sometime in 1965, a person identifyin himself as Lawaan Lopez
offered to sell to the Ocson a parcel of land located in Quezon City.
The sale was deferred because Lopez said his certificate of title had
been burned in his house in Divisoria, and he would have to file a
petition in court for a duplicate certificate of title.
Following the issuance of the new duplicate certificate of title, the
said person executed a deed of sale in favor of the Ocson, who paid
him the stipulated purchase price of P98,700.00 in full. The
corresponding transfer certificate of title was subsequently issued to
them after cancellation of the duplicate certificate of Lawaan Lopez.
Two years the real Lawaan Lopez, filed a petition in the court of first
instance of Quezon City to declare as null and void the transfer of
her land in favor of the private respondents, on the ground that it had
been made by an impostor. After trial, the questioned deed of sale
was annulled, (together with the duplicate certificate of title issued to
the impostor and the transfer certificate of title in the name of the
Ocson) and the real owner's duplicate certificate of title was
revalidated. Neither the Solicitor General nor the private respondents
appealed the decision, but Lawaan Lopez did so, claiming that the
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defendants should have been required to pay damages to her and

the costs.
Ocson filed a case against the Assurance Funds.
Court said :
Ocson were not exactly diligent in verifying the credentials of the
impostor whom they had never met before he came to them with his
bogus offer. The fact alone that he claimed to have lost his duplicate
certificate of title in a fire, not to mention the amount of the
consideration involved, would have put them on their guard and
warned them to make a more thorough investigation of the seller's
Identity
The applicable law is Section 101 of Act No. 496 (before its revision
by P.D. No. 1529) providing as follows:
Sec. 101. Any person who without negligence on his part sustains
loss or damage through any omission, mistake or misfeasance of the
clerk, or register of deeds, or of any examiner of titles, or of any
deputy or clerk or of the register of deeds in the performance of their
respective duties under the provisions of this Act, and any person
who is wrongfully deprived of any land or any interest therein,
without negligence on his part, through the bringing of the same
under the provisions of this Act or by the registration of any other
person as owner of such land, or by any mistake, omission, or
misdescription in any certificate or owner's duplicate, or in any entry
or memorandum in the register or other official book, or by any
cancellation and who by the provisions of this Act is barred or in any
way precluded from bringing an action for the recovery of such land
or interest therein, or claim upon the same, may bring in any court or
competent jurisdiction an action against the Treasurer of the
Philippine Archipelago for the recovery of damages to be paid out of
the Assurance Fund.
(d) Failure to exercise caution is equivalent to bad faith (Egao v. CA, 283
SCRA 484)
Lot 662 (Egao) Lot 661 (Conejos) ----transferred to Roberto Marfori
---- to Dignos and Bolitao
Prohibition on Sale - Deeds of sale of patented lands, perfected
within the prohibited five (5) year period are null and void (Sec. 124,
Public Land Act). No title passed from the Egaos to Marfori which
could be validly transferred to Bontilao and Dignos. Nemo dat quod
non habet (nobody can dispose of that which does not belong to
him).
The law requires a higher degree of prudence from one who buys
from a person who is not the registered owner, when the land object
of the transaction is registered land. While one who buys from the
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registered owner need not look behind the certificate of title, one
who buys from another who is not the registered owner is expected
to examine not only the certificate of title but all factual
circumstances necessary for him to determine if there are any flaws
in the title of the transferor, or in his capacity to transfer the land.
Failing to exercise caution of any kind whatsoever is tantamount to
bad faith. Furthermore, a private individual may not bring an action
for reversion or any action which would have the effect of cancelling
a free patent and the corresponding certificate of title issued on the
basis thereof, with the result that the land covered thereby will again
form part of the public domain, as only the Solicitor General or the
officer acting in his stead may do so.
Egao as registered owners are entitled to remain in physical
possession of the disputed property. Dignos and Bontillao are
ordered to deliver the owner's duplicate copy of the OCT (No.
P-3559) to petitioners, without prejudice to an action for reversion of
the land, which may be instituted by the Solicitor General for the
State.
(e) Not applicable when the land is already titled in the name of the forger or
such name indicated by the forger - fraudulent deed maybe a root of a
valid title. The right of an innocent purchaser for value will have to be
respected.
(f) But this does not apply when the real owner had in her possession her
own certificate of title to the land all the time.
(g) It is applicable only when the forger acquires the owner's duplicate,
acquires a new certificate of title in his name and then sell it to an
innocent purchaser for value
b. Forgery
(a) Although it is a recognized principle that a person dealing with registered
land need not go beyond its certificate of Title, it is expected from the
purchaser of a valued property to inquire first into the status or nature of
possession of the occupant, whether or not the occupants possess the
land en concepto de dueo, in concept of an owner.
(b) The rule of caveat emptor requires the purchasers to be aware of the
supposed title of the vendor and one who buys without checking the
vendors title takes all the risks and losses consequent to such failure.
Possession by people other than the vendor without making inquiry,
cannot be regarded as bona fide purchaser in good faith
(c) Dacasin v. Court of Appeals, Capua, et al. GR No. L-32723, Oct 28,
1977
Florentina Quijanon to Emilia Abad (1929) to Jose Maramba (1958)
land is unregistered land
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None of the deeds of sale evidencing the ownership of Gualberto

Calulot and Felipe Capua were registered in the Registry of Property,
hence they cannot prevail over the rights of the petitioner who holds in
his favor the instrument of sale duly registered.
The claim of the respondents based on acquisitive prescription is,
therefore, without merit. What remains, therefore, is the sole question
of ownership which as respondent court itself held - if respondents'
claim of acquisitive prescription is defeated - must unquestionably be
rendered in favor of petitioner Jose Maramba and his co-petitioners by
right of res judicata.
Under the law, Article 709 of the New Civil Code, titles of ownership or
of other rights over immovable property duly inscribed or annotated in
the Registry of Property constitute notice to third persons and affords
protection in favor of him who in good faith relies upon what appears in
the registry. As between two parties relying on their respective
instruments of sale of the same property, law and justice command that
he who has registered his deed must prevail over his adversary who
has not done so. The rule of caveat emptor requires the purchaser to
be aware of the supposed title of the vendor and he who buys without
checking the vendor's title takes all the risks and losses consequent to
such failure.
(d) Roxas v. Court of Appeals and Magueson Management, GR No.
138660, February 5, 2004). Related to Heirs of Manuel A. Roxas v. Court
of Appeals, 337 Phil. 41 (1997).
Meycauayans predecessor-in-interest, Maguesun, committed actual
fraud in obtaining the decree of registration of the subject properties.
The Decision in G.R. No. 118436 binds Meycauayan under the
principle of privity of interest since it was a successor-in-interest of
Maguesun. Meycauayan, however, insists that it was a purchaser in
good faith because it had no knowledge of any pending case involving
the lots. Meycauayan claims that the trial court had already canceled
the notice of lis pendens on the titles when it purchased the lots from
Maguesun. In its Memorandum, Meycauayan stresses that to ensure
the authenticity of the titles and the annotations appearing on the titles,
particularly the cancelation of the notice of lis pendens, Meycauayan
checked with the Register of Deeds and the Regional Trial Court of
Tagaytay City. Since Meycauayan checked with the Regional Trial
Court of Tagaytay City, Meycauayan then had actual knowledge,
before it purchased the lots, of the pending case involving the lots
despite the cancelation of the notice of lis pendens on the titles.
Furthermore, the Roxas family has been in possession of the property
uninterruptedly through their caretaker, Jose Ramirez, who resided on
the property. Where the land sold is in the possession of a person
other than the vendor, the purchaser must go beyond the certificates of
title and make inquiries concerning the rights of the actual possessor.
Meycauayan therefore cannot invoke the right of a purchaser in good
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faith and could not have acquired a better right than its predecessor-ininterest. This Court has already rejected Meycauayans claim that it
was a purchaser in good faith when it ruled in G.R. No. 118436 that
there had been no intervening rights of an innocent purchaser for value
involving the lots in dispute.R
(e) Caram v. Laureta, GR No. L-28740, Feb. 24, 1981
Generally, circumstances which would have reasonably require the
purchaser to investigate defects in title
On June 10, 1945, Marcos Mata conveyed OCT No. 3019 in favor of
Claro Laureta. The deed of absolute sale was not registered because it
was not acknowledged before a notary public. At the time the sale was
executed, there was no authorized officer before whom the sale could
be acknowledged inasmuch as the civil government in Tagum, Davao
was not as yet organized.
Marcos Mata delivered to Laureta the peaceful and lawful possession
of the premises of the land together with the pertinent papers thereof
such as the Owner's Duplicate Original Certificate of Title. Since June
10, 1945, Laureta had been and is still in continuous, adverse and
notorious occupation of said land, without being molested, disturbed or
stopped by any of the defendants or their representatives. In fact,
Laureta had been paying realty taxes due thereon and had introduced
improvements worth not less than P20,000.00 at the time of the filing
of the complaint.
On May 5 1947, the same land covered by Original Certificate of Title
No. 3019 was sold by Marcos Mata to Fermin Z. Caram Jr.. The deed
of sale in favor of Caram was acknowledged before Atty. Abelardo
Aportadera. On May 22, 1947, Marcos Mata, through Attys. Abelardo
Aportadera and Gumercindo Arcilla, filed with the Court of First
Instance of Davao a petition for the issuance of a new Owner's
Duplicate of Original Certificate of Title No. 3019, alleging as ground
therefor the loss of said title in the evacuation place of defendant
Marcos Mata in Magugpo, Tagum, Davao. On June 5, 1947, the Court
of First Instance of Davao issued an order directing the Register of
Deeds of Davao to issue a new Owner's Duplicate Certificate of Title
No. 3019 in favor of Marcos Mata and declaring the lost title as null
and void.
On December 9, 1947, the second sale between Marcos Mata and
Fermin Caram Jr. was registered with the Register of Deeds. On the
same date, Transfer Certificate of Title No. 140 was issued in favor of
Fermin Caram Jr.
Decision: Laureta was already in possession of the land. Irespe and
Aportadera (agents of Caram) should have investigated the nature of
Laureta's possession. If they failed to exercise the ordinary care
expected of a buyer of real estate they must suffer the consequences.
The rule of caveat emptor requires the purchaser to be aware of the
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supposed title of the vendor and one who buys without checking the
vendor's title takes all the risks and losses consequent to such
failure.The principle that a person dealing with the owner of the
registered land is not bound to go behind the certificate and inquire into
transactions the existence of which is not there intimated should not
apply in this case.
Irespe and Aportadera, acting as agents of Ceram, purchased the
property of Mata in bad faith. Applying the principle of agency, Ceram,
as principal, should also be deemed to have acted in bad faith.
(f) Crisostomo v. Court of Appeals, Norma San Jose and Diana Torres,
GR No. 91383, May 31, 1991
Finally, when Torres herself visited the property she carefully evaded
seeing Crisostomo personally, the actual occupant thereof, who could
have easily enlightened her as to the true owner (Rollo, p. 116). Such
unnatural behavior points more convincingly to the fact that she was
aware that San Jose was not its real owner.
A person dealing with registered land has a right to rely upon the fact
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 would impel a reasonably
cautious man to make further inquiries (Gonzales v. Intermediate
Appellate Court, 157 SCRA 587 [1988]).
It is a well-settled rule that a purchaser or mortgagee cannot close his
eyes to facts which should put a reasonable man upon his guard, and
then claim that he acted in good faith under the belief that there was no
defect in the title of the vendor or mortgagor. His mere refusal to
believe that such defect exists, or his willful closing of his eyes to the
possibility of the existence of a defect in the vendor's or mortgagor's
title, will not make him an innocent purchaser or mortgagee for value, if
it afterwards develops that the title was in fact defective, and it appears
that he had such notice of the defects as would have led to its
discovery had he acted with the measure of precaution which may be
required of a prudent man in a like situation.
c. Lack of Marital Consent

(a) Embrado v. C and Cimafranca, 233 SCRA 335
A deed of sale of a conjugal property executed by the wife without her
husband's consent is null and void
On 2 July 1946, Carpitanos sold Lot No. 564 to Lucia Embrado. The
sale was registered and Transfer Certificate of Title No. T-99 was
issued on 13 February 1948 in the name of Lucia Embrado alone, who
was by then already married to petitioner Oreste Torregiani since 1943.
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However, by virtue of a court order in Misc. Sp. Proc. No. 2330 of the
then Court of First Instance of Zamboanga del Norte, the word single
appearing in TCT No. T-99 was canceled and replaced on 19 October
1970 by the phrase married to Oreste Torregiani. The Torregianis
then made their conjugal abode on the lot and in 1958 constructed a
residential/commercial building thereon.
On May 1971, Lucia Embrado Torregiani sold Lot No. 564, described
as her own paraphernal property, to her adopted daughter, herein
private respondent Eda Jimenez, for the sum of P1,000.00. Transfer
Certificate of Title No. T-99 was canceled to give way to TCT No.
T-17103 in the name of Eda Jimenez, married to Santiago Jimenez.
In 1972, Eda Jimenez portion of Lot 564 to Marcos Salimbagatfor and

to Pacifico Cimafranca for P30,000. Both sales were duly annotated on
TCT No. T-17103. On 25 September 1972, the Torregianis instituted an
action for declaration of nullity of contract, annulment of sales,
reconveyance and damages against the spouses Santiago and Eda
Jimenez, Marcos Salimbagat and Pacifico Cimafranca alleging that the
sale of Lot 564 by Lucia Embrado to Eda Jimenez was void not only for
lack of consideration but also because Oreste Torregiani did not
consent to the sale, which consent was necessary because Lot 564
was conjugal property.
The deed of sale is null and void since its object, Lot 564, is conjugal
property which was sold by Lucia Embrado without her husbands
conformity. The present vendees, Marcos Salimbagat and Pacifico
Cimafranca, who bought the property from Eda Jimenez have failed to
persuade us that they acquired the property in good faith.
d.
Defects, Errors, on identity of Land

(a) Section 50 par (4) - The Commission may not order or cause any change,
modification, or amendment in the contents of any certificate of title, or of
any decree or plan, including the technical description therein, covering
any real property registered under the Torrens system, nor order the
cancellation of the said certificate of title and the issuance of a new one
which would result in the enlargement of the area covered by the
certificate of title.
(b) Can be corrected; the long and continued possession of petitioners under
a claim of title cannot be defeated by the claim of a registered owner
whose title is defective from the very beginning (Agne v. Director of
Lands, 181 SCRA 793)
On April 17, 1937 Herminigildo Agpoon received a free patent and
on May 21, 1937 the Register of Deeds of Pangasinan issued
Original Certificate of Title No. 2370 to him.
On April 6, 1960, Presentacion Agpoon Gascon inherited the said
parcel of land and was issued TCT No. 32209.
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During the Japanese occupation, Agne, et al., took possession of

said land by means of fraud, stealth, strategy and intimidation and
thereafter refused to give possession of the land to Agpoon. Agne
claims possession since 1920, the land being part of a river bed that
they acquire by accretion under Article 370 of the old Civil Code.
March 6, 1974, Agner, et al. filed a complaint against the Director of
Lands and spouses Agpoon for annulment of title, reconveyance of
and/or action to clear title to a parcel of land.
The rule on the incontrovertibility of a certificate of title does not
apply where an action for the cancellation of a patent/certificate of
title is instituted on the ground of jurisdiction (private land). Such an
action is different from a review of the decree of title on the ground of
fraud. Moreover, since herein petitioners are in possession of the
land in dispute, an action to quiet title is imprescriptible. Their action
for reconveyance which, in effect, seeks to quiet title to property in
one's possession is imprescriptible. Their undisturbed possession for
a number of years gave them a continuing right to seek the aid of a
court of equity to determine the nature of the adverse claims of a
third party and the effect on her title. As held in Caragay-Layno vs.
Court of Appeals, et al., an adverse claimant of a registered land,
undisturbed in his possession thereof for a period of more than fifty
years and not knowing that the land he actually occupied had been
registered in the name of another, is not precluded from filing an
action for reconveyance which, in effect, seeks to quiet title to
property as against the registered owner who was relying upon a
Torrens title which could have been fraudulently acquired. To such
adverse claimant, the remedy of an action to quiet title is
imprescriptible.
The Torrens system was not established as a means for the
acquisition of title to private land. It is intended merely to confirm and
register the title which one may already have on the land. Where the
evidence show the true owner of the land subject of the free patent
and title granted to another and that the registered owner and his
predecessor in interest were never in possession, the Court, in the
exercise of its equity jurisdiction and without ordering the
cancellation of said title issued upon the patent, may direct the
defendant registered owner to reconvey the property to the true
owner.
(c) Golloy v. CA, 173 SCRA 26
Mere possession of certificate of title under the Torrens system is not
conclusive as to the holder's true ownership of all the property
described therein for he does not by virtue of said certificate alone
become the owner of the land illegally included.
Galicia Galloy has been the registered owner and in possession parcel
of land covered by Transfer Certificate of Title No. 45764 for 20 years.
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The Southwest portion of this land is bounded by Valdez et al. land

which is covered by Certificate of Title No. 8565. Sometime in
February, 1966, Valdez subdivided their land among themselves. In the
course of the subdivision, Valdez caused to be placed two (2)
monuments inside the Southwest portion of petitioner's land. Galloy
filed an action for quieting of title.
Golloy and his predecessor or predecessors have been in continuous
possession in the concept of an owner, for almost fifty (50) years (from
August 15, 1919, when the property was registered, up to February,
1966, when Valdez caused the placement of two (2) monuments inside
his land), the latter if they have any right at all to the overlapped
portion, are guilty of laches.
Citing: Caragay-Layno vs. Court of Appeals and Devera (133 SCRA
718, 723-724 [1984]) and Lola vs. Court of Appeals (145 SCRA 439,
449 [1986])
(d) Caragay-Layno v. CA and Devera 133 SCRA 718
Devera's instituted a suit against Caragay for the recovery of the land
that is included in his title but is under the possession of Caragay.
According to Caragau, the disputed portion had been fraudulently or
mistakenly included in OCT No. 63, so that an implied or constructive
trust existed in her favor. She filed a counterclaim-claim for
reconveyance of property. Devera claims that Caragay's assertion of
an implied trust has prescribed since the registration has been for
more than 10 years.
Prescription cannot be invoked against Caragay-Layno for the reason
that as lawful possessor and owner of the Disputed Portion, her cause
of action for reconveyance which, in effect, seeks to quiet title to the
property, falls within settled jurisprudence that an action to quiet title to
property in one's possession is imprescriptible.
Her undisturbed possession over a period of fifty two (52) years gave
her a continuing right to seek the aid of a Court of equity to determine
the nature of the adverse claim of a third party and the effect on her
own title.
De Vera is guilty of laches since he and his successors did not do
anything to contest the possession of Caragay for 20 years.
(e) The inclusion is null and void, land registration cannot be made a shield
(Vda. De Recinto v. Inciong, 77 SCRA 196)
In 1946 Ruperto Inciong acquired a land by purchase from Matias
Amurao. The land was was registered under Transfer Certificate of
Title No. Rt-379 (T-211) of the Register of Deeds of Batangas. The land
was formerly identified as Lot No. 8151 of the Cadastral Survey in the
area during the cadastral proceedings from 1936 to 1940.
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In 1961, after a relocation survey of the land was effected it was

discovered that its southern boundary covering an area of 8,591
square meters was in the possession of petitioner, Consuelo Malaluan
Vda. de Recinto.
Inciong filed an action for recovery of possession of the portion held by
the De Recinto who claims to be the owner of the area in question and
as counter-claim demanded the reconveyance of the land from
Inciong.
The area in question has been erroneously included in the cadastral
survey of Lot No. 8151 and in the original certificate of title without the
knowledge of the parties concerned. As a result, the same description
in the original certificate of title was carried over into the succeeding
transfer certificates of title of the subsequent owners covering the
same parcel of land.
Inciong's and his predecessors-in-interest and later have all along
treated the area in question as belonging to De Recinto. What
prompted him to get interested over the disputed area was when he
came to learn after the relocation survey in 1961 that said disputed
area was included in his title.
The inclusion of said area in the title of Lot No. 8151 is void and of no
effect for a land registration Court has no jurisdiction to decree a lot to
persons who have put no claim in it and who have never asserted any
right of ownership over it. The Land Registration Act as well as the
Cadastral Act protects only the holders of a title in good faith and does
not permit its provisions to be used as a shield for the commission of
fraud, or that one should enrich himself at the expense of another.
Resort to the provisions of said Acts do not give one a better title than
he really and lawfully has.
But was Inciong an innocent purchaser for value?
No because at the time he purchased the land he was aware that the
disputed portion was not included in the area conveyed to him by
Matias Amurao. A purchaser in good faith is one who buys the property
of another without notice that some other person has a right to, or
interest in, such property and pays a full and fair price for the same, at
the time of such purchase, or before he has notice of the claim or
interest of some other person in the property.
(f) Republic v. De Los Angeles, [ G.R. No. L-30240, March 25, 1988 ]
Republic and fishpond permittee vs Judge and Cia y Ayala
Hacienda Calatagan caused the survey and preparation of a
composite plan of Hacienda Calatagan, increasing its area from
9,652.583 hectares (as evidenced by TCT No. 722) to 12,000
hectares, by taking or including therein lands of public dominion.
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The Republic seeks recovery of possession of such areas in excess of

those covered by TCT No. 722, and for which fishpond permits were
already issued in favor of Tolentino, et al.;
Hacienda Calatagan while admitting that there really existed a
difference between the area (of the Hacienda) as appearing in TCT No.
722 and the plan prepared by the commissioned private surveyor for
the company, contend that the excess of the area was insignificant in
nature and attributable to the inaccuracy of the magnetic survey that
was used in the preparation of the plan upon which OCT No. 20 (and
later, TCT 722) was based.
A Resurvey Plan delineating the expanded areas covered by
subdivision titles derived from TCT No. 722 has been prepared by a
Committee created by the Secretary of Agriculture and Natural
Resources wherein Ayala and/or Hacienda Calatagan was represented
by Engineer Tomas Sanchez, Jr. and approved by the Director of
Lands. Well to recall that under G.R. No. 26112 (44 SCRA 255, 263),
this Honorable Court, in a Resolution dated April 11, 1972, declared
that as soon as said resurvey is completed the proper writ of execution
for the delivery of possession of the portion found to be public land
should issue.
The SC declared that respondent judges gratuitous disapproval of
the Resurvey Plan and Report duly approved by the Director of Lands
and the then Secretary of Agriculture and Natural Resources as null
and void for being ultra vires and lack of jurisdiction over the same.
It is well-recognized principle that purely administrative and
discretionary functions may not be interfered with by the courts. In
general, courts have no supervising power over the proceedings and
actions of the administrative departments of government. This is
generally true with respect to acts involving the exercise of judgment or
discretion, and findings of fact. There should be no thought of
disregarding the traditional line separating judicial and administrative
competence, the former being entrusted with the determination of legal
questions and the latter being limited as a result of its expertise to the
ascertainment of the decisive facts.
e.
Double Title
(a) Prior title prevails
(b) Heirs of Gonzaga v. CA, 261 SCRA 327
The land registration court has no jurisdiction to order the registration
of the land already decreed in the name of another in an earlier land
registration case.
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(c) Realty Sales Enterprise, Inc. V. IAC, Morris Carpo and QC

Development, G.R. No. 67451, September 28, 1987
Applies to subsequent owners who derives his title from the earlier title
Two (2) adjacent parcels of land located in Almanza, Las Pinas, Metro
Manila, having an aggregate area of 373,868 sq. m., situated in the
vicinity of the Ayala Alabang Project and BF Homes Paranaque are
covered by three (3) distinct sets of Torrens titles to wit:
OCT No. 1609, issued on May 21, 1958 from which TCT No. 20408,
issued on May 29, 1975 in the name of Realty Sales Enterprise, Inc.,
was derived.
OCT No. 8629 issued on October 13, 1970 from which TCT No.
303961 issued on October 13, 1970 in the name of Morris G. Carpo,
was derived.
OCT No. 8391 from which TCTs Nos. 333982 and 333985, issued on
July 27, 1971 in the name of Quezon City Development and Financing
Corporation was derived.
Carpo filed a complaint
OCT No. 1609 in the name of Dominador Mayuga, from whom Realty
derived its title, was issued in 1958, or twelve years before the
issuance of the title in the name of the Baltazars in 1970.
In this jurisdiction, it is settled that "(t)he general rule is that in the case
of two certificates of title, purporting to include the same land, the
earlier in date prevails. . . . In successive registrations, where more
than one certificate is issued in respect of a particular estate or interest
in land, the person claiming under the prior certificate is entitled to the
estate or interest; and that person is deemed to hold under the prior
certificate who is the holder of, or whose claim is derived directly or
indirectly from the person who was the holder of the earliest certificate
issued in respect thereof. . . . " (Legarda and Prieto v. Saleeby, 31 Phil
590 [1915] at 595-596; Garcia v. CA, Nos. L-48971 and 49011,
January 22, 1980, 95 SCRA 380.)
TCT No. 20408, derived from OCT 1609, is therefore superior to TCT
No. 303961, derived from OCT 8629.
(d) Azarcon v. Vallarta, G.R. No. L-43679, October 28, 1980
Exception: when there is infirmity in the prior title
iIn 1932, Dr. Cajucom, father of Azarcon, sold a parcel of land to
Vallarta. There were other deeds executed to conform to some errors
in the land area sold, the last was in 1959. In the sales document, it
was mentioned that the property was unregistered land and that it was
the "paraphernal" property of Dr. Cajucom having been inherited by
him from his father Nicolas Sarenas Cajucom.
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In 1961, Azarcon filed a Free Patent Application over the disputed

property. In support of her application, ROSA presented the affidavits
of Antonio Puno, Antonio de la Cruz, she Santos and Emilio Sanguesa
attesting to the actual occupation and cultivation of the land in dispute
since 1934 by herself and/or her predecessors in-interest. The Free
Patent Application was approved and on May 8, 1961, the Register of
Deeds of Nueva Ecija issued Original Certificate of Title No. P-2815 in
the name of the Azarcons.
In 1965, the Vallartas, filed with the the court an application for
registration of the disputed property. A decision was rendered on April
18, 1966 affirming the title of the Vallartas and ordering registration in
their names. On July 18, 1966, the Register of Deeds of Nueva Ecija
issued Original Certificate of Title No. 0-3093 in the name of the
Vallartas.
We are fully cognizant of the well-settled rule that where two
certificates of title are issued to different persons covering the same
land in whole or in part, the earlier date must prevail as between the
original parties, and in case of successive registration where more than
one certificate is issued over the land the person holding under the
prior certificate is entitled to the land as against the person who relies
on the second certificate. This presupposes, however, that the prior
title is a valid one. Where, as in the case at bar, it is evident that the
prior title of the Azarcons suffers from an inherent infirmity, such a rule
cannot be invoked in their favor.
A free patent which purports to convey land to which the government
did not have any title at the time of its issuance does not vest any title
in the patentee as against the true owner (Suva vs. Ventura, 40 Off.
Gaz., pp. 47-48, 4th Supp., Aug. 2341, Ct. App; Ramoso v. Obligado,
70 Phil. 86; Director of Lands v. Reyes, 69 Phil. 497; Vital vs. Anora,
G.R. No. L-4176, February 29, 1952). Plaintiffs were fully aware that on
February 26, 1961 when their application was approved, the land in
question was not a part of the public domain as to be disposable by the
Director of Lands, because as early as October 20, 1959, by virtue of
their. Where a person, who obtained free patent, knowingly made a
false statement of material and essential facts in his application, by
stating that the land applied for was part of the public domain not
occupied or claimed by any other person, when in fact, the same had
formally belonged to another as his private property from whom he
alleged to have acquired it, it was held that in accordance with Section
91 of Com. Act No. 141 his title is ipso facto cancelled, and
consequently, rendered null and void.
(e) DBP v. Mangawang, 11 SCRA 405
Gavino Amposta applied for a homestead patent over a parcel of land.
Pending action on his application, cadastral proceedings were
instituted by the government. On November 2, 1920, the government
issued in favor of Amposta Homestead Patent No. 2388 covering the
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same land, and on November 29, 1920, Original Certificate of Title No.
100 was issued to him. On December 20, 1922, the cadastral court
issued a decree of registration and on July 5, 1924, Original Certificate
of Title No. 2668 was issued to Amposta covering the same property.
On November 24, 1941, Amposta sold the land to Santos Camacho
surrending to him Original Certificate of Title No. 100, and because of
this transfer said title was cancelled and Transfer Certificate of Title No.
5506 was issued in the name of Camacho.
On November 18, 1946, Santos Camacho sold the land to Bonifacio
Camacho as a result of which Transfer Certificate of Title No. 218 was
issued to the latter.
On April 28, 1948, Bonifacio Camacho mortgaged the land to the
Rehabilitation Finance Corporation (now Development Bank of the
Philippines), and having failed to pay the loan as agreed upon the land
was sold at public auction to said bank as the highest bidder. The
period of redemption having elapsed without Camacho being able to
redeem the property, a final deed of sale was executed in favor of the
bank, and Transfer Certificate of Title No. 6961 was issued in its name
on June 29, 1957.
Meanwhile, or on June 11, 1947, Gavino Amposta again sold the same
property to Lazaro and Arsenio Mangawang for the sum of P2,500.00,
the vendees executing a mortgage on the land to secure the payment
of the balance. On March 17, 1948, the vendees paid the balance of
the purchase price, and an absolute deed of sale was executed in their
favor. In connection with this transaction, Amposta surrendered to the
vendees the title that was issued to him in the cadastral case, which
was later substituted by Transfer Certificate of Title No. 1098 issued in
the name of the vendees.
As a consequence of their purchase of the land, the Mangawang
brothers took possession thereof, and upon learning of this transfer,
the Development Bank of the Philippines, which as already stated
became the owner of the property, commenced the present action
against them in the Court of First Instance of Bataan to recover its
possession and damages. In this case, the parties submitted a
stipulation of facts, and on the strength thereof, the court a quo
rendered decision awarding the land to the Mangawang brothers.
Seasonably, this bank appealed to this Court.
Appellees contend that their right over the property in litigation should
be respected because the certificate of title they are holding is derived
from that issued pursuant to a decision rendered by a cadastral court.
On this score, it is important to consider the facts that led to the sale of
the land to the parties herein. Note that Amposta first sold the land to
Santos Camacho on the same date. And seven years thereafter, or on
March 17, 1018, Amposta again sold the land to the Mangawang
brothers, who also registered it in their name on the same date. Since
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both purchasers apparently have acted in good faith, as there is

nothing in the evidence to show that they did otherwise, We cannot hut
conclude that the sale made by Amposta to Santos Camacho is the
valid one considering that when Amposta sold the same land to the
Mangawang brothers he had nothing more to sell even if the title he
surrendered to them is one issued covering the same property. In legal
contemplation, therefore, Amposta sold a property he no longer owned,
and hence the transaction is legally ineffective.
On the other hand, the case under consideration can also be viewed
under a different angle. It can also be treated as one of double sale,
where a person sells the same land to two different persons who are
unaware of the flaw that lies in its title, and where the law adjudicates
the property to the purchaser who first registers the transaction in his
name in the registry of property. And applying this principle, we cannot
but conclude that the title should likewise be adjudicated to appellant
whose predecessor-in-interest acquired and registered the property
much ahead in point of time than the appellees. Verily, the title
acquired by the latter is invalid and ineffective, contrary to the finding of
the court a quo.
f.
Double Sale
General Rule: Article 1544. Should an immovable property, the ownership
belong to the person acquiring it who in good faith first recorded the
transaction in the Registry of Property. Should there be no inscription, the
ownership shall pertain to the person who in good faith was first in
possession and in the absence thereof, to the person who presents the
oldest title, provided there is good faith.
g.
Exclusion of co-heirs
Vda. De Jacinto v. Vda de Jacinto, 5 SCRA 371
A co-heir who, through fraud, obtained a certificate of title in his name to
the prejudice of his co-heirs, is deemed to hold the land in trust for the
latter. The action does not prescribe.
h.
Faulty Registration
A certificate of title is not conclusive where it is a product of a faulty
registration. (Widows and Orphans Associations, Inc. v. Court of
Appeals, GR No. 919797)
5. Prescription of Action for Reconveyance

Registration of certificate of title from a fraudulent conveyance is constructive
notice - Annulment of deed of sale prescribes in four years on eh ground that the
defendant had obtained a certificate of title by means of fraudulent deed of sale is
virtually an action for annulment of the deed by reason of fraud which action should
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be filed within a period of four (4) years from the time the deed of sale was
registered at the RoD. From said date, it is considered as a constructive notice of
the existence of the deed of sale (Armentia v. Patricia, 18 SCRA 1253; Gatioan v.
Tapucar, 140 SCRA 311)
Registration of certificate of title from a fraudulent conveyance is an implied
trust - Civil Code Article 1114 (10 years to bring action; upon a written contract,
obligation created by law and judgements)
(a) Title acquired by fraud creates constructive trust - the legal principle is that if the
registration of the land is fraudulent, the person in whose name the land is
registered holds it as a mere trustee; and the real owner is thus entitled to file an
action for reconveyance within a period of ten (10) years (Pajarillo vs. IAC); there
is an obligation to reconvey (Caro vs. CA, 180 SCRA 401)
(b) Ten years from the cause of action accrued which is not necessarily the date of
execution of the contact, Naga Telephone Co., Inc. v. cA, 230 SCRA 351)
(c) Action base on Fraud - 10 years from the issuance of title or date of registration
of deed. (Caro v. CA, GR No. 76148, Dec. 201989; Leyson v. Bontuyan, GR
No. 156357, Feb. 18, 2005; Casipit v. CA, GR No. 96829, Dec. 9, 1991)
(d) Action base on implied trust - 10 years after issuance of title or date of
registration (Villagonzalo v. IAC, GR No. 71110, Nov. 22, 1988; Amerol v.
Bagumbaran)
(e) Action base on void contract - Imprescriptible (Solid State Multi-Products
Corp. v. CA GR No. 8338, May 6, 1991)
(f) Action based on fictitious deed - imprescriptible (Lacsamana vs. CA, GR No.
121658, March 27, 1988)
(g) Action to quiet title - imprescriptible when in possession (Sapto v. Fabiana,
GR No. L-11285, May 16, 1958; Caragay-Layno v. CA GR No. 52064, Dec. 26,
1984; Leyson vs. Buntuyan)
(h) Laches - is one of estoppel because it prevents people who have slept on their
rights from prejudicing the rights of third parties who have placed reliance on the
inaction of the original patentee and his successors in interest (Lucas vs.
Gamponia, GR No. L-9335, Oct. 31, 1956)
(i)
Res Judicata - Court cancels the title (Roxas v. Court of Appeals, GR No.
138660, Feb. 5, 2004)
(j)
State not bound by prescription (Republic v. Ruiz, GR No. L-23712, April 29,
1968)
(k) Laches - There is no statutory limit for recovery of a registered land base on
laches. A a long list of cases were decided upholding the doctrine. A word of
caution, however, is necessary because the Supreme Court has decided on a
case by case basis and it has not categorically set a specific time which could
serve as a precedent.
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6. Insurance Principle
Section 93 to 102 of PD No. 1529 The Assurance Fund is an indemnity fund
created for the purpose of compensating a person who sustains loss or damage,
or is deprived of land or any interest therein in consequence of the bringing of the
land under the operation of the Torrens system or arising after original registration
of the land, through fraud or in consequence of any error, omission, mistake or
misdescription in any certificate of title or in any entry or memorandum in the
registration book. The Fund is sourced from the amount collected by the register of
deeds upon the entry of a certificate of title in the name of registered owner, as
well as upon the original registration on the certificate of title of a building or other
improvement on the land covered by said certificate equivalent to one-fourth of
one per cent of the assessed value of the real estate on the basis of the last
assessment for taxation purposes. All the money received by the register of deeds
shall be paid to the National Treasurer who shall keep the same in an Assurance
Fund which may be invested in the manner and form authorized by law.
7. Booking Principle
The act of registration from the time of such registering, filing or entering before the
register of deeds is the constructive notice and operative act to affect land that
affects third persons (Sections 51-52, PD No. 1529).
Presentation of owners duplicate necessary to transact voluntary registration
(Section 54, PD No. 1529).
Registration of the transaction in the primary entry book (Section 53, PD No. 1529).
8. Publicity
Notice Requirement in Original and Cadastral proceedings - publication, mailing and
posting.
Certified copies of all instruments filed and registered may also be obtained from the
Register of Deeds upon payment of the prescribed fees. (Section 56, PD No. 1529)
B. Registration of Deeds and Instruments

1. Meaning
Registration of Deeds and other Instruments or subsequent registration takes place
when a deed or instrument affecting land is made of public record after the date of its
original registration. Thus, the registration of a sale, mortgage, lease, attachment,
notice of levy or other encumbrances falls within the purview of subsequent
registration.
2. Kinds of Deed Registration

Deed registration is either voluntary of involuntary registration of instruments.
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a. Voluntary
Are contracts or agreements willfully executed by the land owner or his duly
authorized representative such as sales, leases, mortgages, donations,
exchanges, trusts or variations thereof affecting real estate.
b. Involuntary
Refers to those executed against the will or without the consent of the landowner
contrary to his interest or will affect him adversely such as attachments, levy on
execution, adverse claim, lis pendens and other liens
3. Registration of Voluntary Dealings and Transactions

a. Compliance with the essential requisites of a contract
Consent - meeting of the minds;
Object Certain - subject of the contract; within the commerce of man and
lawful; and
Cause - consideration; prestation, services, benefits, pure beneficence or
liberality.
b. Observance of the Formal requirements of a public instrument

When the law requires that some contracts be in some form in order for it to
be valid or enforceable, i.e. must be in writing (agreements in marriage,
lease of more than one year, agency to sell real property, donations intervivos, etc.)
The contract must be executed in the form of a public instrument;
Signed by the person/s executing the same;
In the presence of two witnesses who shall likewise sign and acknowledge
to be their free act and deed of the parties;
Before a notary public or other public officer authorized by law to take
acknowledgement. Documents executed in a foreign country should be
acknowledged before a Philippine diplomatic or consular official. If
acknowledged before a foreign notary public, it should be authenticated by
the Philippine diplomatic or consular official before it can be registered.
All pages of the deed must be signed.
The documents presented shall contain the full name, nationality, residence
and postal address of the grantee or other person acquiring or claiming
interest; and
Must state marital status and name of wife/husband if married.
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c. Submission of supporting documents for certain transactions

before registration as provided by special laws
Certified true copy of the Tax Declaration in transaction involving transfer of
ownership;
Certificate Authorizing Registration (CAR) or Certificate of Exemption from
the BIR in case of sale, exchange or other disposition of real property;
Certification from the BIR that the documentary stamp tax has been paid;
Certification from the LGU Treasurer that the property is not delinquent in
the payment of real estate taxes in case of alienation, transfer or
encumbrance of real property (Sec. 209, RA 7160, LGC1991);
Certification for the LGU Treasurer that the land transfer tax due on the
transaction has been paid in case of sale, donation, barter or any other
mode of transferring ownership or title of real property (Sec. 135, LGC
1991);
Clearance from Department of Agrarian Reform and Affidavit of Total
Landholdings by the vendee in case of sale of agricultural lands;
An Order fro the DAR Regional Director approving the sale in case the
property sold is covered by an Emancipation Patent;
Duly approved subdivision plan and its corresponding Technical Description
where the property to be titled by virtue of the transaction is a resulting lot of
a subdivision;
Special Power of Attorney - if the transaction is through an agent;
Court Order - if made through a guardians or administrators; and
For Corporations - Secretary Certificate or a copy of the Board Resolution
authorizing the transaction (sale, purchase, exchange) designating the
officer authorize to sign the deed.
d. Performance of the jurisdictional requisites for registration

Entry of the document in the primary entry book;
Payment of entry and registration fees; and
Production of the owners duplicate of title
e. Registration Procedure in Voluntary Transaction in General

1. Entry of the document in the primary entry or day book, accompanied by all
supporting documents applicable to the transaction; All supporting documents
applicable to the transaction should also be submitted together with the basic
instruments.
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2. Section 56 of PD 1529 require each register of deeds to keep a primary entry

book where all instruments relating to registered land shall be entered in the
order of their reception. Entry in the day book is the preliminary step in
registration. The annotation of memorandum or the issuance of a new
certificate of title is the final step to accomplish registration. While the
preliminary step and the final step may not be accomplished in the same day,
this however, is of no consequence because if actual registration is
accomplished its effect retroacts to the date of entry in the day book. Thus, it
has been held that when a sale is registered in the name of the purchase
registration takes effect on the date when the deed was noted in the entry book
and not when final registration was accomplished.
3. To be noted in this book is the date, hour and minute of reception of all
instrument in the order they were received.
4. Payment of the entry and registration fee - Upon entry of the document, the
corresponding entry and registration fees should be paid. In default of
payment, the entry in the primary entry book will ipso fact become null and
void.
5. Surrender of the owners duplicate certificate and al co-owners duplicate if any
had been issued.
a) No voluntary instrument shall be registered by the registry of deeds, unless
the owners duplicate certificate is presented with such instruments,
b) Exception in cases expressly provided for in PD 1529 or upon order of the
court, for cause shown.
c) If co-owners duplicate certificates has been issued, all outstanding
certificates so issued shall be surrendered whenever the register of deeds
shall register any subsequent voluntary transaction affecting the whole land
or part thereof or any interest therein
6. Examination of the document, certificate of title and supporting papers by the
deeds examiner.
a) Registrability of an instrument is initially determined by the deeds examiner
of the registry. If the document is found to comply with all requirements the
examiner recommends its registration to the register of deeds. Otherwise, he
recommends denial of registration.
b) The deeds examiner, on his own, is generally not allowed to register or deny
registration.
7. Review by the Register of Deeds of the action taken by the deeds examiner.
a) The authority to register or deny registration being lodge with the register of
deeds, he is required to review the action taken by the deeds examiner.
b) He may either adopt, alter, modify or reverse such action depending upon
his own appraisal of registrability of the instrument filed for registration.
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8. Registration of the document or denial of registration by the register of deeds.

a) If the register of deeds finds that the document presented complies with all
the requisites for registration, it is his duty to immediately register the same.
b) If the instrument is not registrable, he shall forthwith deny registration thereof
and inform the presentor of such denial in writing, stating the ground or
reason therefor, and advising him of his right to appeal by consulta in
accordance with Section 117 of P.D. 1529
c) Where the documents conveys the simple title, such as in sales, donations,
barter and other conveyances, the register of deeds shall make out in the
registration book a new certificate of title to the grantee and shall prepared
and deliver to him as owner an owners certificate, noting the original and
owners duplicate certificate the date of transfer, the volume and page of the
registration book in which the new certificate is registered and a reference
by number to the last preceding certificate. The original and owners
duplicate of the grantors certificate shall be stamped cancelled.
d) In case the instrument does not divest the ownership or title from the owner
or from the transferee of the registered owner, now new certificate of title
shall be issued. The instrument creating such interests less than ownership
shall be registered by a brief memorandum thereof made by the register of
deeds upon the certificate of title and signed by him. The cancellation or
extinguishment of such interests shall be registered by a brief memorandum
thereof made the the register of deeds upon the certificate of the title and
signed by him. The cancellation or extinguishment of such interests shall be
registered in the same manner. In case the conveyance affects only a
portion of the land described in the certificate of title, no new certificate shall
also be issued until a plan of the land showing all the portions or lots into
which it has been subdivided and the corresponding technical descriptions
shall have been verified and approve. The instrument shall only be
registered by annotation on the grantors title and its owners duplicate.
Pending approval of the plan, no further registration or annotation of any
subsequent deed or other voluntary instrument involving the unsegregated
portion conveyed shall be affected, except where such unsegregated portion
was purchase from the government or any of its instrumentalities.
e) Should there be subsisting encumbrance or annotation on the grantors title,
they shall be carried over and stated in the new certificate of title except so
far as they may be simultaneously released or discharged.
4. Involuntary Registration
a. Attachment and Execution
A juridical institution which has for its purpose to secure the outcome of the trial;
the chief purpose is to secure a contingent lien on defendants property until
plaintiff can, by appropriate proceedings, obtain a judgment and have a property
applied to tis satisfaction or to make some provision for unsecured debts in case
where the means of satisfaction thereof are liable to be removed beyond the
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jurisdiction or improperly disposed of or concealed or otherwise placed beyond he

reach of creditors.
1. Preliminary Attachment - issued at the institution or the during the progress of
an action commanding the sheriff or other proper officer to attach property
rights, credits or effects of defendant to satisfy the demand of plaintiff; an
auxiliary remedy and cannot have an independent existence apart form the
main claim
2. Garnishment - attachment for credits belonging to the judgement debtor and
owing to him from a stranger to the litigation; does not usually involve actual
seizure of the property;
3. Levy on execution - is the attachment issued to enforce the writ of execution
of a judgment which has become final and executory.
2. Registration of Attachments and Execution
a) Statutory Provisions - Section 69 of PD 1529 and Section 7, Rule 57 of the Rules
of Court
b) Documents to be Registered
(1) Writ of Attachment or Execution;
(2) Notice of Attachment or levy on the execution; and
(3) Description of the Property;
c) Forms and Contents
(1) The Notice of Attachment or levy on execution should contain a reference to the
number of the Certificate of Title, the volume and page of the registration book where
the certificate is registered and the name of the registered owner; not applicable in
case of unregistered lanD.
(2) If the attachment is not claimed on all the land, a description sufficiently accurate for
the identification of the land or interest must be made
d) Registration Procedure
(1) Entry in the Day Book or Primary Entry Book;
(2) Payment of entry and registration fee;
(3) A memorandum of the attachment shall be made on the Original of the Certificate of
Title;
(4) Indexing - the Register of deeds shall index attachments in the name of the applicant,
the adverse party, and the person by whom the property is held or in whose name it
stands in the records.
e) Effects of Registration
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(1) Notice of the attachment is a notice that the property is taken in the custody of the law
as security for the satisfaction of any judgement;
(2) Title still be subject to subsequent transaction but subject to the attachment lien
C.
Actions after Registration

All petitions or motions filed under this Section as well as under any other provision
of this Decree after original registration shall be filed and entitled in the original case
in which the decree or registration was entered.
A. Re-issuance of Lost Owners Duplicate

1. The Replacement of Lost Duplicate certificate is governed by Section 109, PD
No. 1529 which states:
SEC. 109. Notice and replacement of lost duplicate certificate. In case of loss
or theft of an owners duplicate certificate of title, due notice under oath shall be
sent by the owner or by someone in his behalf to the Register of Deeds of the
province or city where the land lies as soon as the loss or theft is discovered. If a
duplicate certificate is lost or destroyed, or cannot be produced by a person
applying for the entry of a new certificate to him or for the registration of any
instrument, a sworn statement of the fact of such loss or destruction may be filed
by the registered owner or other person in interest and registered.
Upon the petition of the registered owner or other person in interest, the court
may, after notice and due hearing, direct the issuance of a new duplicate
certificate, which shall contain a memorandum of the fact that it is issued in
place of the lost duplicate certificate, but shall in all respect be entitled to like
faith and credit as the original duplicate, and shall thereafter be regarded as
such for all purposes of this decree.
2. The Petition for the Issuance of New Owners Duplicate Certificate of Title in lieu
of the lost owners copy is initiated by the Petitioner if the owners copy is lost
but the original copy of the same is available on file in the Registry of Deeds.
3. Procedure
a) As soon as the loss of the copy of the title is discovered, the registered
owner or other person in interest shall notify the Register of Deeds of the
province or city where the land lies by filing an Affidavit of Loss in said office.
The notice shall be annotated on the copy of the original in file in the Registry
of Deeds. Once it is annotated, a certified copy of the title containing the
annotation shall be secured from the concerned office of the Registry of
Deeds and this copy forms part of the Petition for the Issuance of New
Owners Duplicate Certificate of title that will be eventually filed in court. The
process in Court is as follows:
b) The Petition for the Issuance of New Owners Duplicate Certificate of title is
filed in Court.
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c) If the Court finds the Petition to be sufficient in form and substance, the
Judge issues an Order Setting the Date of Initial Hearing and directs the
Petitioner to cause the Posting of the Notice at their expense by the Sheriff
or Process Server of the court in the bulletin boards of the RTC, Office of the
Register of at Deeds, the city/municipal hall and Barangay Hall which has
jurisdiction over the property subject of the petition and in conspicuous
places near the vicinity of the subject lot for at least two (2) weeks before the
hearing. After the posting has been accomplished, a Certificate of Posting is
issued by the Sheriff/Process Server. (Note: sometimes, there are situations
when the judge would schedule a classificatory hearing before issuing the
order for the setting of the date of initial hearing that the issuance of the
order takes a longer period of time (i.e.5 months) or even dismissed without
prejudice for various reasons mostly attributed to the fault of the petitioner).
d) During the Initial Hearing, the Counsel for the Petitioner should provide proof
of compliance with jurisdictional requirement such as: Petition, Order of the
Court Setting the Date of Initial Hearing, Notice of Hearing, Certificate of
Posting, and proof that the Register of Deeds is provided with a copy of the
Petition before the filing of the Petition in Court.
e) After the Jurisdictional requirement is established and no opposition to the
Petition is filed, the Counsel for the Petitioner may request that the
presentation of evidence be allowed Ex-Parte before the Clerk of Court who
is designated as Commissioner of the Court. For brevity and convenience of
the parties, the Commissioner advises the Counsel of the Petitioner before
the ex-parte hearing to submit a Judicial Affidavit of the Petitioner in lieu of a
direct testimony.
f) During the Ex-Parte Hearing, the Commissioner asks questions directed to
the Petitioner concerning his testimony in the Judicial Affidavit, and the Court
Stenographer takes note of the proceedings.
g) Finding the transcript in order upon review, the Commissioner approves it
and submits to the Court his own report on the matter taken up during the exparte proceedings.
h) A Hearing of the Commissioners Report is scheduled and the Counsel for
Petitioner is notified and enjoined to submit his comments or objection, if any.
i) After the hearing, the Court approves the Commissioners Report.
j) The Court admits the exhibits formally offered and the instant Petition is
submitted for Decision.
k) A Decision is issued and if there is no Motion for Reconsideration or Notice
of Appeal the Decision becomes final and executory.
l) A Certificate of Finality is issued by the Clerk of Court. (Note: The Certificate
of Finality is issued only upon request of the Petitioner).
B. Reconstitution of lost or destroyed original of Torrens title
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Discussion Guide
1. Lost or Destroyed original certificates of title in the offices of the Register of

deeds may be reconstituted either judicially or administratively.
a) Judicial Reconstitution is availed of under two (2) situations: (1) when both
the Owners Duplicate Copy and the Original Copy on file in the Register of
Deeds are lost or Destroyed; (2) when the Owners Duplicate Copy is
available but the Original Copy on file in the Register of Deeds is lost or
destroyed. The procedure for the reconstitution of title is governed by
Republic Act No. 26 and Section 110. P.D. No. 1529, which states that,
b) Section.110. Reconstitution of lost or destroyed original of Torrens title.
Original copies of the certificates of title lost or destroyed in the offices of the
Register of Deeds as well as liens and encumbrances affecting the lands
covered by such titles shall be reconstituted judicially in accordance with the
procedure prescribed in Republic Act No. 26 insofar as not inconsistent with
this Decree. The procedure relative to administrative reconstitution of lost or
destroyed certificate prescribed in said Act is hereby abrogated.
c) Notice of all hearings of the petition for judicial reconstitution shall be given to
the Register of Deeds of the place where the land is situated and to the
Commissioner of Land Registration. No order or judgment ordering the
reconstitution of a certificate of title shall become final until the lapse of thirty
days from receipt by the Register of Deeds and by the Commissioner of
Land Registration of the notice of such order or judgment without any appeal
having been filed by any of such officials.
d) Its implementation is guided by instructions (1) Circular No. 17, dated 19
February 1947, as amended by Administrative Order No.195 dated 24 May
1979; (2) LRC Circular No.35 dated 13 June 1983.
2. The Court procedure for judicial reconstitution is as follows:
a) Before a Petition for Reconstitution of lost or destroyed original of Torrens
title could be filed in Court a certification shall be issued by the Register of
Deeds certifying that the Original Copy of the title is NOT AVAILABLE on file
in the office of the Registry of Deeds. Attachments shall also include a copy
of the Tax Declaration duly certified by the Assessors Office and a copy of
the most recent real estate tax payment.
b) A copy of the petition shall be provided to the following: (1) Regional
Executive Director (DENR); (2) the Register of Deeds; (3) the Solicitor
Generals Office; (4) the Land Registration Authority; (5) Prosecutors Office;
and (5) all the adjoining owners; however, this is dispensed with if the basis
for the Petition for Reconstitution of the Lost Original copy of Title on file in
the Registry of Deeds is the copy of the Owners Duplicate in the possession
of the Petitioner.
c) If the basis of the Petition for Reconstitution is the plan and technical
description of the subject lot, the Petitioner shall provide the LRA with the
petition accompanied by a certified copy of the Technical Description of the
Lot and a corresponding plan prepared by a licensed Geodetic Engineer.
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Discussion Guide
Any plan approved by the DENR or the LRA to support the petition will be
most advantageous to the petition.
d) If the Court finds the Petition to be sufficient in form and substance, the
Judge would issue an Order Setting the Date of Initial Hearing and direct the
Petitioner to cause the Publication of the notice in two (2) successive
publications of the Official Gazette and the Posting of the Notice by the
Sheriff or Process Server of the court, in the bulletin boards of the RTC,
Office of the Register of at Deeds, the City/Municipal/ Barangay Hall which
has jurisdiction over the property subject of the petition, and in conspicuous
places near the vicinity of the subject lot for at least two (2) weeks before the
hearing. The publication in the Official Gazette and the Posting of the Notice
shall be at the expense of the petitioner and the copy of the Notice for
publication shall already be submitted to the Government Printing Office for
printing not more than ninety (90) days before the date of the Hearing.
e) After publication and posting, the following shall be submitted to the court: (1)
a Certificate of Publication issued by the Government Printing Office; (2) a
copy of each of the corresponding two (2) successive publications in the
Official Gazette, together with a copy of a Certificate of Posting issued by the
Sheriff/Process Server (Note: there are situations when the judge would
schedule a clarificatory hearing before issuing the order for the setting of the
date of initial hearing that the issuance of the order takes a longer period of
time or even dismissed without prejudice for various reasons mostly
attributed to the fault of the Counsel of the Petitioner).
f) If no opposition to the Petition is presented, the Counsel of the Petitioner files
a motion requesting the court to allow the presentation of the evidence ExParte before the Clerk of Court who will be designated as Commissioner of
the Court. (NOTE: For brevity and convenience of the parties, before the exparte hearing is conducted, the Commissioner sometimes advises the
Counsel of the Petitioner to submit a Judicial Affidavit of the Petitioner in lieu
of a direct testimony. During the Ex-Parte Hearing the Commissioner would
ask questions directed to the Petitioner concerning his testimony in the
judicial affidavit and the Court Stenographer takes note of the proceedings.
Thereafter, the Court Stenographer submits the copy of the transcript for the
approval of the Commissioner. Finding the transcript in order upon review,
the Commissioner approves the transcript and thereafter submits to the
Court his own Report regarding the matter taken during the ex-parte
proceedings.)
g) A Hearing of the Commissioners Report is scheduled and the Counsel of the
h) The Counsel of the Petitioner submits FORMAL OFFER OF EVIDENCE.
i) The Court admits the exhibits formally offered and the instant Petition is
j) A Decision is rendered by the Court within ninety (90) days from the
admission of the exhibits and if there is no Motion for Reconsideration or
Notice of Appeal, the Decision becomes final and executory.
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k) A Certificate of Finality is issued by the Clerk of Court. (Note: The Certificate

of Finality can be issued only upon the request of the Counsel of the
Petitioner).
3. The following describes the process of availing Administrative Reconstitution:
a) An Application/Petition (for Reconstitution) which must be properly
accomplished with:
(1) Original of the Owners Duplicate copy or Co-owners Duplicate Copy
and three (3) clear/legible reproduction/Xerox copy filed in the Registry of
Deeds together with a reproduction (Xerox copy) of the same. After
comparing the Xerox copies to be faithful reproductions of the Owners
Duplicate or Co-Owners Duplicate Copy of the original presented, the
latter is immediately returned to the filer; and the Register of Deeds
retains only the Xerox copies.
(2) Tax Declaration
(3) Real Estate Tax receipt representing at least two (2) years before filing
(4) Others (i.e. Special Power of Attorney if Filer is not the Owner).
b) Application/Petition forms (for reconstitution) can be obtained FREE of
CHARGE from the Office of LRA or the Office of the Registry of Deeds of the
place. The duly accomplished Application/Petition duly can be filed anytime
without any time limitation after R.A. No. 6732 dated 20 July 1989, at the
office of the Register of Deeds enumerated above where the land is situated.
c) The Application/Petition together with the accompanying documents is
transmitted to the LRA in Quezon City where it will undergo the prescribed
technical verification at the Reconstitution Division of that office. This division
is headed by the Reconstituting Officer and Chief, Reconstitution Division.
d) Once the verification process is completed, the Reconstituting Officer issues
an Order of Reconstitution Directing the Register of Deeds to Reconstitute
the Title.
e) A notice is sent by furnishing the Filer/Applicant with a copy of the Order of
Reconstitution with an advise that a reconstituted title can be withdrawn at
the office of the Register of Deeds upon presentation of the original copy of
the Owners Duplicate Certificate of Title subject of application/Petition for
Reconstitution.
C. Amendment to the Certificate
1. Section 108. Amendment and alteration of certificates.
2. Rule: No erasure, alteration, or amendment shall be made upon the registration
book after the entry of a certificate of title or of a memorandum thereon and the
attestation of the same be Register of Deeds, except by order of the court.
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Discussion Guide
3. Who may file: A registered owner of other person having an interest in

registered property, or, in proper cases, the Register of Deeds with the approval
of the Commissioner of Land Registration
4. Grounds:
a)
That the registered interests of any description, whether vested, contingent,

expectant or inchoate appearing on the certificate, have terminated and
ceased; or
b)
That a new interest not appearing upon the certificate have arisen or been
created;
c)
that an omission or error was made in entering a certificate or any

memorandum thereon, or, on any duplicate certificate;
d)
That the same or any person on the certificate has been changed; or
e)
That the registered owner has married, orif registered as married, that the
marriage has been terminated and no right or interests of heirs or creditors
will thereby be affected; or
f)
that a corporation which owned registered land and has been dissolved has
not convened the same within three years after its dissolution; or
g)
upon any other reasonable ground;
5. The court may hear and determine the petition after notice to all parties in
interest, and may order the entry or cancellation of a new certificate, the entry or
cancellation of a memorandum upon a certificate, or grant any other relief upon
such terms and conditions, requiring security or bond if necessary, as it may
consider proper; Provided, however, That this section shall not be construed to
give the court authority to reopen the judgment or decree of registration, and
that nothing shall be done or ordered by the court which shall impair the title or
other interest of a purchaser holding a certificate for value and in good faith, or
his heirs and assigns, without his or their written consent. Where the owner's
duplicate certificate is not presented, a similar petition may be filed as provided
in the preceding section.
6. All petitions or motions filed under this Section as well as under any other
provision of this Decree after original registration shall be filed and entitled in the
original case in which the decree or registration was entered.
7. Procedure - The process in Court is as follows:
a) The Petition for Correction of the Certificate of title is filed in Court.
b) If the Court finds the Petition to be sufficient in form and substance, the
Judge issues an Order Setting the Date of Initial Hearing and directs the
Petitioner to cause the posting of the Notice of Initial Hearing by the Sheriff
or Process Server of the court at the expense of the Petitioner. Posting shall
be made in the bulletin boards of the RTC, Office of the Register of at Deeds,
the city/municipal hall and Barangay Hall which has jurisdiction over the
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Discussion Guide
property subject of the petition, and in conspicuous places near the vicinity of
the subject lot for at least two (2) weeks before the hearing. After posting, a
Certificate of Posting is issued by the Sheriff/Process Server.
c) During the Initial Hearing, the Counsel of the Petitioner must provide proof of
compliance with jurisdictional requirement such as: copies of the Petition
furnished to all concerned parties or agencies in Government such as LRA
and the Register of Deeds, the Order of the Court Setting the Date of Initial
Hearing, Notice of Hearing, and Certificate of Posting.
d) If there is no opposition to the Petition, the Counsel of the Petitioner may
request the Court to allow the presentation of evidence Ex-Parte before the
Clerk of Court who is designated as Commissioner of the Court. (Note:
Sometimes, the Commissioner would advise the Counsel of the Petitioner
before the ex-parte hearing to submit a Judicial Affidavit of the Petitioner in
lieu of a direct testimony. During the Ex-Parte Hearing, the Commissioner
would ask questions directed to the Petitioner concerning his testimony in the
Judicial affidavit and the Court Stenographer takes notes of the proceedings.
Thereafter, the Court Stenographer submits the copy of the transcript for the
approval of the Commissioner. If upon review the Commissioner finds the
transcript in order, the transcript is approved and thereafter submits to the
Court his own report regarding the matter taken during the ex-parte
proceedings).
e) A Hearing of the Commissioners Report is scheduled and the Counsel of the
f) The Court admits the exhibits formally offered and the instant Petition is
g) Decision is issued and if there is no Motion for Reconsideration or Notice of
Appeal, the Decision will become final and executory.
h) A Certificate of Finality is issued by the Clerk of Court. (Note: The Certificate
of Finality is issued only upon request of the Petitioner).
D. Consulta
1. Consulta or Reference of doubtful matter to the Administrator of Land
Registration.
2. Section 117. P.D. No. 1529 - Procedure - When the Register of Deeds is in
doubt with regards to the proper step to be taken or memorandum to be made in
pursuance to any deed, mortgage, or other instrument presented to him for
registration, or where any party in interest does not agree with the Register of
Deeds with reference to any such instrument, the question shall be submitted to
the Administrator of Land Registration by the Register of Deeds, or by the party
in interest thru the Register of Deeds.
3. Where the instrument is denied registration, the Register of Deeds shall notify
the interested party in writing, setting forth the defects in writing setting forth the
defects of the instrument or legal ground relied upon, and advising him that if he
is not agreeable to such ruling, he may, without withdrawing the documents from
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Discussion Guide
the Registry, elevate the matter by consulta within five days from receipt of
notice of denial of registration to the Administrator of Land Registration upon
payment of a consulta fee in such amount as shall be prescribed by the
Administrator of Land Registration.
4. The Register of Deeds shall make a memorandum of the pending consulta on
the certificate of title which shall be cancelled motu proprio by the Register of
Deeds after final resolution or decision thereof, or before resolution, if withdrawn
by petitioner.
5. The Administrator of Land Registration, considering the consulta and the records
certified to him after notice to the parties and hearing, shall enter an order
prescribing the step to be taken or memorandum to be made. His resolution or
ruling in consultas shall be conclusive and binding upon all the Registers of
Deeds, provided, that the party in interest who disagrees with the final
resolution, ruling or order of the Administrator relative to the consultas may
appeal to the Court of Appeals within the period in Republic Act No.5434.
6. Requisites - The following are the requisites so that a Consulta may be properly
availed of:
a) There must be a document pending registration in the office of the Register
of Deeds.
b) Before a consulta could be considered on its merits, there must be a
document pending registration in the Office of the Register of Deeds.
Pending consulta, the document should not be withdrawn, otherwise it
cannot serve as the basis for consulta. This is due to the fact that under
these circumstances, a consulta takes the nature of an appeal on the action
taken by the Register of Deeds who has to certify the records to the Land
Registration Authority for consideration.
c) That the Register of Deeds is in Doubt or the Party in interest does not agree
on the action taken by the Register of Deeds.
d) If the Register of Deeds is in doubt as to what steps to be taken, he takes the
matter under advisement by submitting the matter en consulta to the
Administrator of Land Registration. If he is not in doubt, he simply advises
the party in interest of the difficulty preventing the registration of the
document. If the interested party does not agree with the action taken by the
Register of Deeds, then he may apply to the Administrator for resolution of
the registrability of the document for registration.
7. Binding force of resolutions or rulings in consultas - The decisions or rulings of
the Administrator of Land Registration shall be conclusive and binding upon all
the Registers of Deeds, provided, that the party in interest who disagrees with
the final resolution, ruling or order of the Administrator relative to the consultas
may appeal to the Court of Appeals within the period prescribed in Republic Act
No.5434.
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Discussion Guide
8. Appeal - The Register of Deeds is expressly precluded from making any appeal
on the decision or resolution on consultas; only the interested party may appeal
the decision of the Administrator of Land Registration.
9. Procedure
a) The following is the process involved in the resolution of Consultas:
b) Records Officer accepts annotation of transaction
c) Documents is examined by Examiner for completeness and registrability and
forwards the same with his findings to the Register of Deeds
d) The Register of Deeds either approves, in doubt, or denies registration.
e) If the Register of Deeds is in doubt on the registrability of the document an
Endorsement letter addressed to the Administrator is prepared together with
the copy of the position paper on the reason of the doubt together with a
copy of the Transfer Certificate of Title (TCT) and the supporting documents.
f) If the Register of Deeds denies the registration, the Register of Deeds issues
a Notice of Denial indicating the grounds for denial and advising the
Registrant to write a letter containing his desire to appeal the denial. The
letter of the Registrant together with the copy of the position paper of the
Register of Deeds regarding his reason for denial, the copy of the TCT and
the supporting documents are transmitted to the Office of the LRA
Administrator.
g) Upon receipt, all the documents are forwarded to the Clerk of Court Division
of LRA and the same is examined for completeness. If the documents is not
complete a letter is prepared addressed to the Register of Deeds for
compliance. Action is taken upon compliance, otherwise it is held pending.
h) The Clerk of Court forwards all the documents to the Law Division.
i) A Hearing Officer is assigned
j) Hearing Officer prepares a Notice of Hearing and sends a copy to both the
RD and the Registrant
k) After the Hearing the Hearing Officer prepares a draft of the Resolution.
l) The draft is reviewed by the Chief, Law Division and forwards it to the
Director on Legal Affairs for review.
m) The Director forwards the clean draft to the Administrator for signature.
n) The copy of the Resolution is served to both the RD and the Registrant.
E. Adverse Claim
1. An adverse claim is a notice of a claim adverse to the registered owner, the
validity of which is yet to be stablished in court at some future date, and is no
better than a notice of lis pendens already pending in court (Acap v. CA, 251
SCRA 30).
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Discussion Guide
2. Purpose: to give notice to third persons dealing with the said property that
someone is claiming an interest on the subject.
3. Judicial determination is still necessary (Garbin v. CA, 253 SCRA 187)
4. Examples
a)
Seller refused to deliver the owner's duplicate
b)
Claim of heirs who were excluded (Carantes v. CA, 76 SCRA 514)
5. Cancellation by petition in court after 30 days by way of a petition in Court; after

said petition, no second claim is allowed.
F. Reversion - restoration of public land fraudulently awarded or disposed of to
the mass of the public domain
Section 101 of the Public Land Act in relation to Section 35, Chapter XII, Title III
of the Administrative Code of 1987 (EO No. 292);
Action for reversion is instituted by the Solicitor General.
Action is imprescriptible
Grounds:
Violation of the Constitution, disposition of inalienable land
Falsehood in the application for a patent
Section 91 of the PLA
Director of Lands may investigate even if the patent is already registered and
indefeasible (Republic v. De Guzman, 326 SCRA 267)
IV. DEALINGS WITH UNREGISTERED LANDS

A. Registration Under Act 3344 - In order to provide for the registration of instruments
affecting unregistered lands, the Administrative Code in Section 194 established a
system of registration under which all documents, affecting lands not registered
under the Spanish Mortgage Law nor under the Torrens system, be recorded in the
land records of the province or city where the land lies. This section of the
Administrative Code was subsequently amended by Act No. 2837 and later on
December 8, 1926, Act No. 3344 was passed revising to a considerable extent the
provisions of the Administrative Code. Rights acquired under this system are not
absolute. By express provision of the governing law they must yield to better rights
(See Legayde vs. Sullano, 49 O.G., pp. 603-609, February, 1953). These were
again subsequently amended by the provisions of Section 3 of Presidential Decree
1529 pertinent portion of which are herein quoted, to wit: The books of registration
for unregistered lands provided under Section 194 of the Revised Administrative
Code, as amended by Act 3344, shall continue to remain in force provided all
instruments dealing with unregistered lands shall henceforth be registered under
Section 113 of this Decree (Section 3, P.D. 1529)
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Discussion Guide
B. Recording of instruments relating to unregistered lands. No deed, conveyance,

mortgage, lease, or other voluntary instrument affecting land not registered under
the Torrens system shall be valid, except as between the parties thereto, unless
such instrument shall have been recorded in the manner herein prescribed in
the office of the Register of Deeds for the province or city where the land lies.
C. The Register of Deeds for each province or city shall keep a Primary Entry Book
and a Registration Book. The Primary Entry Book shall contain, among other
particulars, the entry number, the names of the parties, the nature of the document,
the date, hour and minute it was presented and received. The recording of the deed
and other instruments relating to unregistered lands shall be effected by any of
annotation on the space provided therefor in the Registration Book, after the same
shall have been entered in the Primary Entry Book.
D. If, on the face of the instrument, it appears that it is sufficient in law, the Register of
Deeds shall forthwith record the instrument in the manner provided herein. In case
the Register of Deeds refuses its administration to record, said official shall advise
the party in interest in writing of the ground or grounds for his refusal, and the latter
may appeal the matter to the Commissioner of Land Registration in accordance
with the provisions of Section 117 of this Decree. It shall be understood that any
recording made under this section shall be without prejudice to a third party with a
better right.
E. After recording on the Record Book, the Register of Deeds shall endorse among
other things, upon the original of the recorded instruments, the file number and the
date as well as the hour and minute when the document was received for recording
as shown in the Primary Entry Book, returning to the registrant or person in interest
the duplicate of the instrument, with appropriate annotation, certifying that he has
recorded the instrument after reserving one copy thereof to be furnished the
provincial or city assessor as required by existing law.
F. Tax sale, attachment and levy, notice of lis pendens, adverse claim and other
instruments in the nature of involuntary dealings with respect to unregistered lands,
If made in the form sufficient in law, shall likewise be admissible to record under this
section.
G. For the services to be rendered by the Register of Deeds under this section, he
shall collect the same amount of fees prescribed for similar services for the
registration of deeds or instruments concerning registered lands.
V.
Foreign Ownership
A. In general- only Filipino citizens may own land in the Philippines except if the
acquisition of the land was through hereditary succession. This is a constitutional
restriction that was placed under the 1935 Constitution. However, property rights of
American citizens existing prior to the 1935 Constitution are respected. The
provisions was modified in the 1987 Constitution to exempt natural-born citizens
who had lost his citizenship subject to certain conditions. The 1973 Constitution did
not explicitly allows former natural born citizens to own land, nonetheless, Batas
Pambansa Bilang 185 allows concession to former Filipinos under the general
power of the Prime Minister under Section 15 of Article XIII. The present
Constitution only allows two exception to the prohibition against foreign ownership:
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Discussion Guide
(1) hereditary succession; and (2) former natural born-citizens. However, property
rights of alien prior to the 1936 Constitution and the special privileges given to
American citizens granted by the 1936 Constitution are respected.
B. Two (2) laws were enacted to implement the rules regarding exceptions of former
natural born citizens to own land.
1. Batas Pambansa Bilang 185 on residential lands; and
2. Republic Act No. 8179 on commercial and industrial lands, amending certain
provisions of the Foreign Investment Act of 1991.
Page 92 of 92

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Atty. Enan B.

Public Domain Lands

Private Domain Lands

C. Land Titles and Land Registration

Land Ownership in the Philippines

A. Pre-Spanish Concept of Land Ownership

Ownership of Lands by Discovery

Land Titles Issued during the Spanish Period

Spanish Mortgage Law

III. Land Classification

Atty. Enan B. Orceo

C. Rules on Land Classification

Lands of the Public Domain

IV. Identifying Lands - Survey and Mapping

Use for Property Identification

B. Government Agencies with Land Survey and Mapping Functions

Department of Environment and Natural Resources

National Mapping and Resource Information Agency (NAMRIA)

Land Registration Authority (LRA)

C. System of Land Survey and Mapping in the Philippines

Atty. Enan B. Orceo

Persons Authorized to Conduct Land Surveys

Defining Legal Boundaries

Survey Authority and Survey Order

Cadastral and Isolated Surveys

Narrative Technical Descriptions

Survey Maps and Records

Court Determination of Land Boundaries

IV. Modes of Acquiring Title to Public Lands

Restrictions and limitations on Transfers of Land Patents

Area limitation under the Constitution and the law

C. Public Land Grants in Agricultural Lands

Atty. Enan B. Orceo

D. Public Land Grants In Residential, Commercial, Industrial Lands

Atty. Enan B. Orceo

K. Title issued under IPRA Law

VI. Procedure and Processes

Atty. Enan B. Orceo

F. Kinds Title Registration

Actions after Registration

Atty. Enan B. Orceo

Atty. Enan B. Orceo

Guarantee ownership and security of tenure;

B. Government Agencies Involved in Land Administration

Atty. Enan B. Orceo

National Commission on Indigenous People (NCIP) resolves issues on ancestral

C. Public and Private Lands

Public Domain Lands

Atty. Enan B. Orceo

Private Domain Lands

C. Land Titles and Land Registration

1. Title as Naked Right of Ownership

2. Titled Land as Registered Land

Atty. Enan B. Orceo

3. Untitled Land as Unregistered Land

Atty. Enan B. Orceo

Land Ownership in the Philippines

A. Pre-Spanish Concept of Land Ownership

Ownership of Lands by Discovery

Land Titles Issued during the Spanish Period

OD Corpuz (1997), Economic History of the Philippines, UP Press

Atty. Enan B. Orceo

Atty. Enan B. Orceo