LAND TITLES development of water power, beneficial
use may be the measure and limit of the
SUMMARY
THE Regalian Doctrine declares that all
lands and all other natural resources
are owned by the State.
Concept of Jura Regalia (Regalian
Doctine)
Private title to land must be traced to
some grant, express or implied, from
the Spanish Crown or its successors,
the American Colonial Government,
and the Philippine Republic.
The term refers to royal rights, or
those rights to which the King has by
virtue of his prerogatives.
The theory of jure regalia was
therefore nothing more than a natural
fruit of conquest.
The capacity of the State to own or
acquire property is the States power
of dominion.
Section 2, Article 12, 1987
Constitution
All lands of public domain, waters,
minerals, coal, petroleum, and other
mineral oils, all forces of potential energy,
fisheries, forest or timber, wildlife, flora
and fauna, and other natural resources
are owned by the State. With the
exception of agricultural land, all other
natural resources shall not be alienated.
The exploration, development and
utilization of natural resources shall be
under the full control and supervision of
the State. The State may directly
undertake such activities, or it may enter
into co-production, joint venture, or
production-sharing agreements with
Filipino citizens, or corporations or
associations at least sixty per centum of
whose capital is owned by such citizens.
Such agreements may be for a period not
exceeding twenty five years, renewable
for not more than twenty five years, and
under such terms and conditions as may
be provided by law. In cases of water
rights for irrigation, water supply,
fisheries, or industrial uses other than the
grant.
The Regalian Doctrine does not negate
native title to lands held in private
ownership since time immemorial,
adverting to the landmark case of
Carino v. Local Government, where the
US SC through Holmes held:
the land has been held by individuals
under a claim of private ownership, it
will be presumed to have been held in
the same way from before the Spanish
conquest, and never to have been
public land
The existence of native title to land, or
ownership by Filipinos by virtue of
possession under a claim of ownership
since time immemorial and
independent of any grant from the
Spanish crown as an exception to the
theory of jure regalia.
The IPRA recognizes the existence of
ICCs/IPs as a distinct sector in
Philippine society. It grants these
people the ownership and possession
of their ancestral domains and
ancestral lands, and defines the extent
of these lands and domains.
Land Title
- Is the evidence of the owners right
or extent of interest, by which he
can maintain control and as a rule
assert right to exclusive possession
and enjoyment of property.
Deed
- Is the instrument in writing by
which any real estate or interest
therein is created, alienated,
mortgaged, or assigned, or by
which title to any real estate may
be affected in law or equity.
Land Registration
- A judicial or administrative
proceeding whereby a persons
claim over a particular land is
 determined and confirmed or
recognized so that such land and
the ownership thereof may be
recorded in a public registry.
Torrens System
- Is a system for registration of land
under which, upon the landowners
application, the court may, after
appropriate proceedings, direct the
issuance of a certificate of title.
Nature:
1. Judicial in character and not merely
administrative;
2. Proceeding is in rem (binding upon
the whole world)
Concept:
1. Does not create or vest title;
2. Only confirms (does not confer)
ownership.
Purpose:
1. To quiet the title to land;
2. To put a stop forever to any
question of legality of the title,
except claims which were noted at
the time of registration, in the
certificate, or which may arise
subsequent thereto.
Advantages:
1. Substituted security for insecurity;
2. Reduced the cost of conveyance
from pounds to shillings, and the
time occupied from months to
days;
3. It has exchanged brevity and
clearness for obscurity and
verbiage;
4. It has so simplified ordinary
dealings that he who has mastered
the 3 Rs can transact his own
conveyancing;
5. It affords protection against fraud;
6. It has restored to their just value
many estates, held under good
holding titles, but depreciated in
consequence of some blur or
technical defect, and has barred
the reoccurrence of any similar
faults.
Torrens Title
- A certificate of ownership issued
under the Torrens System, through
the Register of Deeds, naming and
declaring the owner of the real
property described therein, free
from all liens and encumbrances
except such as may be expressly
noted there or otherwise reserved
by law.
General Rule:
- A title once registered cannot be
impugned, altered, changed,
modified, enlarged, or diminished.
Exception:
- Direct proceeding permitted by
law, usually for the protection of
innocent third person.
Title v. Certificate
TITLE
- That which constitutes a just cause
of exclusive possession, or which is
the foundation of ownership of
property.
Certificate of Title
- Mere evidence of ownership
- It is not the title to the land itself.
Types of Torrens Certificate of Title:
1. Original Certificate of Title
- Constitutes a true copy of the
decree of registration.
2. Transfer Certificate of Title
- Issued subsequent to the original
registration.
Registration is not a Mode of
Acquiring Ownership
- Registration does not vest title;
- Merely evidence of such title over a
particular property;
- Merely a procedure to establish
evidence of title to realty;
 - When done in bad faith, it is as if which shall have the same effect as
no registration was made at all a certificate of title.
insofar as private respondent is - A cadastral proceeding is in rem,
concerned. hence, binding generally upon the
whole world.
The Public Land Act, CA 141
The Property Registration Decree, PD
- Governed the disposition of lands 1529
of the public domain.
- Prescribed rules and regulations for - In order to update the Land
the homesteading, selling, and Registration Act
leasing of portions of the public - To codify the various laws relative
domain of the Philippine Islands. to the registration of property
- Applies to all lands of public - To facilitate effective
domain which have been declared implementation of said laws.
open to disposition or concession - Supercedes all laws relative to the
and officially delimited and registration of property
classified. - RTC exercise jurisdiction over
applications for registration and all
The Land Registration Act, Act No. subsequent proceedings relative
946 thereto, subject to judicial review.
- Established the Torrens System of In REM In PERSONAM
registration in the country. When the object of To establish a
- To bring land titles under one the action is to bar claim or objection
comprehensive and harmonious all who might against some
system, indefeasibility of title and minded to make particular person
the intervention of the State as a an objection of with a judgment
prerequisite to the creation and any sort against which generally
transfer of titles and interests. the right sought to binds his body.
- It does not create a title nor vest be established.
one.
- It simply confirms a title already
created and already vested, RTCs have plenary jurisdiction over
rendering it forever indefeasible land registration cases.
Exception: delegated jurisdiction of
2 Things Occurred:
inferior courts in cadastral and land
1. A court of limited jurisdiction, with registration cases.
special subject matter, and with
Instances:
only one purpose was created.
2. Power of the Courts of general, 1. Where the lot sought to be
original, and exclusive jurisdiction registered is not the subject of
were restricted controversy or opposition; or
2. Where the lot is contested but the
The Cadastral Act, Act No. 2259
value does not exceed P100, 000,
- In the option of the president, when
the public interest requires that Registration court is not divested of its
title to any lands be settled and jurisdiction by administrative act for
adjudicated, he shall order the the issuance of patent.
Director of Lands to make a survey Under PD529, what does the law say
thereof, with notice to all persons on the subjects capable for
claiming interest therein. registration aside from a piece of land?
- Decree shall be the basis for the - The law only provides for land.
issuance of the certificate of title
Land Registration Authority (LRA) Registration
- Agency charged with the efficient - Entry made in the books of the
execution of the laws relative to registry which records solemnly
the registration of lands, under the and permanently the right of
executive supervision of the DOJ. ownership and other real rights.
- Consists of an Administrator - To register means to enter in a
assisted by 2 Deputy register, to record formally and
Administrators. distinctly; to enroll; to enter in a
list.
Functions: SAC - Registration in a public registry is a
1. Extend speedy and effective notice to all the world.
assistance to DAR, the Land Bank, - All persons are charged with the
and other agencies in the knowledge of what it contains.
implementation of the land reform 2 Systems of Registration:
program of the government.
2. Extend assistance to courts in 1. Registered lands under PD 1529
ordinary and cadastral land 2. Unregistered lands under Act No.
registration proceedings 3344
3. Be the central repository of
Between 2 Buyers of the Same
records relative to original
Immovable Property Registered
registration of lands titled under
Under the Torrens System, the Law
the Torrens system.
Gives Ownership Priority to:
Duty of LRA to issue a decree is 1. The first registrant in good faith;
ministerial and not compellable by 2. The first possessor in good faith;
mandamus 3. The buyer who in good faith
The LRA has no authority to represent presents the oldest title.
the government in registration Will not apply if the property is not
proceedings. registered under the Torrens
What if the application and the system.
requirements have been complied with
Effect of Registration:
and yet, the Registry of Deeds denies
to register? Can you go to court to - Constructive notice to all persons
compel the Registry of Deeds? from the time of such registering,
- NO, the remedy is that once the filing, or entering.
Registry of Deeds informs you
through writing, you will have to Laws Governing Land Registration:
resort to the LRA en consulta. 1. Public Land Act (CA No. 141)
2. Property Registration Decree (PD
No.1529)
Registry of Property 3. Cadastral Act (Act No. 2259)
4. Indigenous Peoples Rights Act (RA
- Registration of instruments
No. 8371)
affecting registered land must be
done in the proper registry, in order
to affect and bind the land and
operate as constructive notice to
the world. Registry of Deeds
- Thus, if a sale is not registered, it is
binding only between the seller - Constitutes a public repository of
and the buyer but it would not records of instruments affecting
affect third parties. registered or unregistered lands
 and chattel mortgages in the prescription under the
province or city wherein such office provision of existing laws;
is situated. 3. Those who have acquired
- Its duty to register is ministerial ownership of private lands or
- Performs both functions of an abandoned river beds by right
administrative character and of accession or accretion under
functions which are at least of a the existing laws;
quasi-judicial nature. 4. Those who have acquired
ownership of land in any other
Instances where ROD may Deny
manner provided for by law.
Registration:
Where the land is owned in common,
1. Where there are several copies of
all the co-owners shall file
the title but only one is presented
application jointly.
with the instrument to be
registered. Where the land has been sold under
2. Where the property is presumed to pacto de retro, the vendor a retro
be conjugal but the instrument of may file an application for the
conveyance bears the signature of original registration of the land,
only one spouse. provided, however, that should the
3. Where there is a pending case in period for redemption expire during
court where the character of the the pendency of the registration
land and validity of the conveyance proceedings and ownership to the
are in issue. property consolidated in the vendee
4. Where required certificates or a retro, the latter shall be
documents are not submitted. substituted for the applicant and
may continue the proceedings.
Registration does not validate an
otherwise invalid instrument. A trustee on behalf of his principal
Registration proceedings are judicial may apply for original registration of
and in rem. any land held in trust by him, unless
Only the Land Management Bureau prohibited by the instrument
has authority to approve original creating the trust.
survey plans for registration Requisites:
proceedings.
1. that the land applied for is an
Section 14. Who may apply in CFI for agricultural public land and
registration of title to land whether classified as alienable and
personally or through their duly disposable land at the time;
authorized representatives: 2. the application for registration is
1. Those who by themselves or filed with the proper court;
3. that the applicants, by themselves
through their predecessors-in-
or through their predecessors-in-
interest have been in open,
interest have been in open,
continuous, exclusive and
continuous, exclusive, and
notorious possession and
notorious possession and
occupation of alienable and
occupation under a bona fide claim
disposable lands of the public
of ownership;
domain under a bona fide claim
4. that such possession and
of ownership since June 12,
occupation has been since June 12,
1945 or earlier;
1945 or earlier.
2. Those who have acquired
ownership of private lands by
Co-owners shall file application jointly.
 Vendee a retro may file an application Concept of Possession for Purposes
in his name. of Prescription
Trustee may apply for registration on
a. Actual possession of land consists
behalf of his principal.
in the manifestation of acts of
Land must already be alienable and
dominion over it of such a nature
disposable at the time of filing of the as a party would naturally exercise
application. over his own property.
Section 14(2) authorizes acquisition of b. To consolidate prescription, the
ownership by PRESCRIPTION. possession must be that of owner,
General Rule: and it must be public, peaceful,
and uninterrupted.
- Prescription doesnt run against the
State regarding property of public prescription laches
domain. Concerned with Concerned with
the Fact of delay the Effect of delay
Matter of time Question of
inequity of
Exception:
permitting a claim
- Where the law itself provides. to be enforced,
- Thus, patrimonial property of the this inequity being
State may the subject of founded on some
acquisition through prescription. change in the
condition of the
Prescription property or the
- Mode of acquiring ownership relation of the
through the lapse of time in the parties.
manner and under the action laid statutory Not statutory
down by law. Applies at law Applies in equity
- All things within the commerce of Based on a fixed Not fixed time
men are susceptible of time
prescription, unless otherwise
provided. Acquisition of Private Lands or
2 Kinds of Prescription: Abandoned Riverbeds by Right of
Accretion or Accession
1. Ordinary Prescription
- Requires possession of things in 1. Ownership of abandoned river
good faith and with just title for the beds by right of ACCESSION
time fixed by law. - River beds which are abandoned
- Possession of 10 years. through the natural change in the
course of waters ipso facto belongs
2. Extraordinary Prescription to the owners whose lands are
- Uninterrupted adverse possession occupied by the new course in
thereof within 30 years without proportion to the area lost.
need of title or of good faith. - The owners of the lands adjoining
the old bed, shall have the right to
Good Faith acquire the same by paying the
- Consists in the reasonable belief value thereof which value shall
that the person from whom he not exceed the value of the area
received the thing was the owner occupied by the new bed.
thereof, and he could transmit his Requisites for the Application:
ownership.
1. The change must be sudden;
 2. The changing of the course must
be more or less permanent and not
temporary overflooding of
anothers land;
3. The change of the river must be a
natural one;
4. There must be definite
abandonment by the government;
5. The river must continue to exist.
Ownership by right of ACCRETION
along the river banks
- Article 457 of the Civil Code
provides that 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.
Requisites:
1. That the deposit be gradual and
imperceptible;
2. That it be made through the effects
of the current of the water; and
3. That the land where the accretion
takes place is adjacent to the
banks of rivers.
Alluvial deposits along the banks of
creeks, streams and lakes do not form
part of the public domain as it
automatically belongs to the owner of the
estate to which it may have been added.
Restriction:
- The owner of the adjoining
property must register the same
under the Torrens System;
otherwise the alluvial property may
be subject to acquisition
through prescription by third
persons.
Alluvion must be the exclusive
work of nature
- Requirement that the deposit
should be due to the effects of the
current of the river is indispensable
- A riparian owner doesnt acquire
the additions to his land caused by
special works expressly intended or
designed to bring about accretion.
Accretion does not automatically
become registered land.
Where alluvial increment is not
registered, it is not entitled or subject
to the protection of imprescriptibility
enjoyed by registered property under
the Torrens system and may be
acquired by third persons through
prescription.
Alluvial formation along the seashore
forms part of the public domain
Acquisition of ownership in any other
manner provided for by law which
could either be a statute or executive
act.
Corporation sole is qualified to apply
for registration. Hence, qualified to
own and register private agricultural
land.
Corporation sole
- organized and composed of a
single individual, the head of any
religious society or church, for the
administration of the temporalities
of such religious society or church.
- Is a special form of corporation
usually associated with the clergy.
- Consists of one person only, and
his successors who are
incorporated by law in order to give
them some legal capacities and
advantages which in their natural
persons they could not have had.
- Bishops or archbishops as
corporation sole are merely
administrators of the church
properties and holds the same in
trust for the faithful or members of
the society or church for which the
corporation is organized.
Church properties acquired by the
incumbent of a corporation sole pass
by operation of law upon his death not
to his personal heirs but to his
successor in office.
Vested rights cannot be impaired by
subsequent law.
 A right is vested when the right to
enjoyment, present or prospective has
become the property of some
particular person or persons as a
present interest.
A State may not impair vested rights
by legislative enactment.
Titles is void where land is inalienable
and may be cancelled even in the
hands of an innocent purchaser for
value.
Land must be alienable and disposable
land at the time the application for
confirmation is filed.
Rule different where land is not
registrable as when it forms part of the
public forest.
Forest land cannot be owned by
private persons. It is not registrable
and possession thereof, no matter how
lengthy, cannot convert it into private
property, unless such lands are
reclassified and considered disposable
and alienable.
Only alienable and disposable lands
may be the subject of confirmation of
title.
When the conditions are complied
with, the possessor is deemed to have
acquired, by operation of law, a right
to a grant, without the necessity of a
certificate of title being issued.
The application for confirmation is a
mere formality.
Compliance with all requirements for a
government grant ipso jure converts
land to private property.
Burden of proof rests on applicant. He
must submit convincing proof of his
and his predecessors-in-interests
actual, peaceful and adverse
possession in view of the basic
presumption that lands of whatever
classification belong to the State and
evidence of a land grant must be well-
nigh incontrovertible.
Land declared public land in a
previous registration case may be the
subject of judicial confirmation.
Indigenous Cultural
Communities/Indigenous Peoples
- Refers to a group of people or
homogenous societies identified by
self-ascription and ascription by
others, who have continuously
lived as organized community on
communally bounded and defined
territory and who have, under
claims of ownership since time
immemorial, occupied, possessed
and utilized such territories,
sharing common bonds of
language, customs, traditions and
other distinctive cultural traits, or
who have, through resistance to
political, social and cultural inroads
of colonization, non-indigenous
religions and cultures, became
historically differentiated from the
majority of Filipinos.
Ancestral domains
- Refers to all areas generally
belonging to ICCs/IPs comprising
lands, inland waters, coastal areas,
and natural resources therein held
under a claim of ownership,
occupied or possessed by ICCs/IPs,
by themselves or through their
ancestors, communally or
individually since time immemorial,
continuously to the present.
Ancestral lands
- Refers to land occupied, possessed
and utilized by individuals, families
and clans who are members of the
ICCs/IPs since time immemorial, by
themselves or through their
predecessors-in-interest, under
claims of individual or traditional
 group ownership continuously, to
the present.
Native Title
- Refers to pre-conquest rights to
lands and domains which, as far as
memory reaches, have been held
under a claim of private ownership
by ICCs/IPs, have never been public
lands and are thus indisputably
presumed to have been held that
way since before the Spanish
Conquest.
Time Immemorial
- Refers to a period of time when as
far as memory can go, certain
ICCs/IPs are known to have
occupied, possessed in the concept
of owner, and utilized a defined
territory devolved to them, by
operation of customary law or
inherited from their ancestors, in
accordance with their customs and
traditions.
ICC/IPs have priority rights in the
exploitation of natural resources within
ancestral domains.
ICCs/IPs do not lose possession over
area covered by TLA.
Modes of Acquisition:
The rights of the ICCs/IPs to their
ancestral domains and ancestral lands
may be acquired in 2 modes:
1. By native title over both ancestral
lands and domains; or
2. By Torrens Title under PLA or PRD
with respect to ancestral lands
only.
Registration of Ancestral lands:
1. The applicant is a member of an
indigenous cultural group;
2. He must have been in possession
of an individually-owned ancestral
land for not less than 30 years; and
3. By operation of law, the land is
already classified as alienable and
disposable land, even if it has a
slope of 18% or over.
Transfer of Land or Property Rights
1. Only to the members of the same
ICCs/IPs;
2. In accord with customary laws and
traditions; and
3. Subject to the right of redemption
of the ICCs/IPs for a period of 15
years if the land was transferred to
a non-member of the ICCs/IPs.
Generally, no ancestral land shall be
opened for mining operations.
Application for land registration shall
be filed with the RTC.
Application must be accompanied by a
survey plan and applicants
muniments of title.
A single application may be filed for 2
or more parcels belonging to the same
applicant provided that they are
situated in the same province or city.
Section 20. When land applied for
borders on road if the application
describes the land as bounded by a
public or private way or road, it shall
state whether or not the applicant
claims any and what portion of the
land within the limits of the way or
road, and whether the applicant
desires to have the line of the way or
road determined.
The public shall be given notice of
the initial hearing of the application
for land registration by means of:
1. By publication;
2. By mailing;
3. By posting
Purpose of Publication:
1. To confer jurisdiction upon the
court over the res;
2. To apprise the whole world of the
pending registration case so that
 they may assert their right or
interests in the land oppose the
application.
Publication in a newspaper is
necessary to accord with the due
process requirement.
Publication in the OG does not
dispense with the requirement of
notice by mailing and posting.
Lack of personal notice does not
vitiate the proceedings.
New publication is necessary to
include additional area
Effect of Non- or Defective
Publication
- The decision of the land
registration court is void.
- A mere defect of publication
deprives the court of jurisdiction.
Purpose of Notice by All 3 Modes:
- To strengthen the Torrens System
through safeguards to prevent
anomalous titling of real property.
Mailing
- Required that the notice of hearing
be mailed to the persons and
officials mentioned in the law.
- This requirement is mandatory.
Posting
- Within 14 days before the initial
hearing, the LRA Administrator
shall cause a duly attested copy of
the notice to be posted by the
sheriff in a conspicuous place on
the land applied for and on bulletin
board of the municipality or city
where the land is situated.
- This requirement is mandatory.
Section 25. Opposition to Application
in Ordinary Proceedings.
Any person claiming an interest,
whether named in the notice or not,
may appear and file an opposition on
or before the date of initial hearing,
or within such further time 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 filing the same and
apply for the remedy desired, and
shall be signed and sworn to by him
or by some other duly authorized
person.
If the opposition or the adverse claim
of any person covers only a portion
of the lot and said portion is not
properly delimited on the plan
attached to the application, or in
case of undivided co-ownership,
conflicting claims of ownership or
possession, or overlapping of
boundaries, the court may require
the parties to submit a subdivision
plan duly approved by the Director of
Lands.
Requisites for Opposing Application:
1. The oppositor must have an
interest in the land applied for;
2. He should state the grounds for his
objection as well as the nature of
his claimed interest;
3. He should indicate the desired
relief; and
4. The opposition should be signed
and sworn to by him or his duly
authorized representative.
Nature of Interest to Support
Opposition:
Opposition to an application for
registration of the title must be based on:
1. The right of dominion or
2. Some other real right opposed to
the adjudication or recognition of
the ownership of the applicant.
To give a person a legal standing to object
to the application for registration, he
must make some claim to the property.
Claim of Ownership
- The possession of a piece of
property with the intention of
claiming it in hostility to the true
owner.
 - A partys manifest intention to take
over land, regardless of title or
right.
Effect of Failure to File Opposition:
- A person who has not challenged
an application for registration of
land cannot alleged damage or
error against the judgment
ordering the registration inasmuch
as he did not allege or pretend to
have any right to such land.
Persons deemed to have Legal
Standing to File Opposition:
1. A homesteader who has not yet
been issued his title but has
fulfilled all the conditions required
by law for the issuance of patent;
2. A purchaser of friar land who is
deemed to have an equitable title
to the land even before the
issuance of the patent;
3. An awardee in a sales application
who, by virtue of the award, is
authorized to take possession of
the land to enable him to comply
with the requirements for the
issuance of patent;
4. A person claiming to be in
possession of the land and has
applied with the Lands
Management Bureau for its
purchase.
A mere public land applicant under
any mode of disposition under the PLA
CANNOT be a proper party to oppose
an application for registration under
the Torrens System since by filing his
application with the Lands
Management Bureau, he recognizes
the character of the land as public
land and not as private property.
Private persons may not file opposition
for the government.
Absence of opposition by the
government does not justify outright
registration.
Hearing is necessary to determine
validity of ownership claim.
Failure to appear on the day of initial
hearing is not a ground for default
where opposition or answer had been
filed.
Government may appeal despite
failure of agency to file opposition.
Motion to dismiss based on res
judicata proper in a registration
proceeding.
2 Concepts of Res Judicata:
1. Bar by former judgment
- Absolutely bars any subsequent
action when the following
requisites concur:
a. The former judgment or order
was final;
b. It adjudged the pertinent issue
or issues on their merits;
c. It was rendered by a court that
had jurisdiction over the subject
matter and the parties.
d. Between the first and second
actions, there was identity of
parties of subject matter and
causes of action.
2. Conclusiveness of judgment
- Where no identity of causes of
action but only identity of issues
exists, res Judicata comes.
- The rule bars the re-litigation of
particular facts or issues involving
the same parties even if raised
under different claims or causes of
action.
Defense of res judicata may be waived
if not set up in a motion to dismiss.
Order of Default When Entered
- If no person appears and answers
within the time allowed, the court
shall, upon motion of the
application, order a default to be
entered and require the applicant
to present evidence.
By description notice To all whom it
may concern, all world are made
parties defendant and shall be
concluded by the default order which
referred to as ORDER OF GENERAL
DEFAULT.
ORDER OF SPECIAL DEFAULT is
directed only against those who did
not enter their appearance and file
answer.
Compliance with the requirements of
notice and publication has the effect
of notifying all persons interested in
the proceedings.
A person who has not challenged an
application for registration cannot
allege damage or error against the
judgment ordering registration.
But a declaration of default is not a
guarantee that the application for
registration will be granted.
Motion to Lift Order of General
Default
- An order of general default is
interlocutory in character, subject
to the control of the court, and may
be modified or amended as the
court may deem proper at any time
prior to the rendition of judgment.
- But the motion to lift the order of
general default should be filed
before entry of final judgment.
- Where the court revoked the order
of default 5 years after the default
order had been entered and
permitted private claimant to file
his answer and later ordered the
registration of the lots in his name,
it was held that the order setting
aside the order of default and the
proceedings adjudicating the lots
as private property, are NULL and
VOID and should be SET ASIDE.
Party in default can appeal judgment
Government is not estopped by the
mistake or error of its agents.
Section 27. Speedy hearing;
reference to a referee
The trial court shall see to it that all
registration proceedings are disposed of
within 90 days from the date the case is
submitted for decision.
The court, if it deems necessary, may
refer the case or any part thereof to a
referee who shall hear the parties and
their evidence, and the referee shall
submit his report to the court within 15
days after the termination of such
hearing.
Proof Required in Registration
Proceedings
- The burden is on APPLICANT to
prove his positive averments and
not for the government or the
private oppositors to establish a
negative proposition.
- He must submit convincing proof of
his and his predecessor-in-
interests actual, peaceful and
adverse possession in the concept
of owner of the lots during the
period required by law.
No public land can be acquired by
private persons without any grant,
express or implied, from the
government.
Krivenko Doctrine
- Aliens are disqualified from
acquiring public and private lands,
including residential lands.
- The provision is a declaration of
imperative constitutional policy.
- This fundamental policy is to
preserve the nations lands for
Filipino citizens.
RA No. 7042
 - A natural-born Filipino citizen who
has lost his citizenship may be a
transferee of private land, subject
to limitations provided by law.
- Maximum of 5,000 sqm. In the case
of urban land or 3 hectares in the
case of rural land to be used by
him for business or other purposes.
- In case of married couples, one of
them may avail of the privilege
herein granted.
- If both shall avail of the same, the
total area acquired shall not
exceed the maximum herein fixed.
- A transferee who has already
acquired urban land shall be
disqualified from acquiring rural
land area and vice versa.
RA No. 9225
- Natural born citizens of the
Philippines who have lost their
Philippines citizenship by reason of
their naturalization as citizens of a
foreign country are hereby deemed
to have re-acquired Philippine
citizenship upon taking oath of
allegiance to the Republic and shall
enjoy full civil and political rights
and be subject to all attendant
liabilities and responsibilities under
existing laws of the Philippines.
Capacity to own land is determined as
of the time of its acquisition and not
registration
A naturalized Canadian citizen who,
while still a Filipino citizen, acquired
land from a vendor who had already
complied with the requirements of
registration prior to the purchase, can
validly register his title to the land.
Lapina Case
For the purpose of transfer and/or
acquisition of a parcel of residential
land, it is not significant whether
respondents are no longer Filipino
citizens at the time they purchased or
registered the parcels of land in
question.
What is important is the respondents
were formerly natural-born citizens of
the Philippines, and as transferees of a
private land, they could apply for
registration in accordance with the
mandate of section 18, Article 12 of
the Constitution.
Considering that private respondents
were able to prove the requisite period
and character of possession of their
predecessors-in-interest over the
subject lots, their application for
registration of title must perforce be
approved.
Director of Land v. Buyco
Their application was denied
registration, not because they were
already American citizens at the time
they file the application, but because
they failed to prove that their
predecessor-in-interest had possessed
the property in such a manner as to
segregate or remove the same from
the mass of the public domain.
They had acquired no vested right,
consisting of an imperfect title, over
the property before they lost their
Philippine citizenship.
The entire property is a pasture land
which is not alienable under the
Constitution.
Aliens may Lease Private Lands
A lease to an alien for a reasonable
period is valid.
An option giving an alien the right to
buy real property on condition that he
is granted Philippine citizenship is also
valid.
Foreigners is Allowed to Purchase
Condominium Units
Under RA No. 4726 sec.5, foreigner
nationals can own Philippine real
estate through the purchase of
condominium units or townhouses.
It expressly allows foreigners to
acquire condominium units and shares
in condominium corporations up to no
more than 40% of the total and
 outstanding capital stock of a Filipino-
owned or controlled corporation.
Donation in Favor of a Religious
Corporation Controlled by Non-
Filipinos is not Registrable
Sec 8, Art.12, 1987 Constitution
save in cases of hereditary
succession, no private agricultural
land shall be transferred or assigned
except to individuals, corporations or
associations qualified to acquire or
hold lands of the public domain in the
Philippines without exception in favor
of religious associations.
Land acquired by an American citizen
in 1945 can be registered under the
Ordinance appended to the 1935
Constitution.
all existing property rights of citizens
or corporations of the US shall be
acknowledged, respected, and
safeguarded to the same extent as
property rights of citizens of the
Philippines.
A Corporation Sole may Acquire and
Register Private Agricultural Land.
Query
Can a Filipino vendor recover land sold to
an alien?
General rule
- No, the plaintiffs are now
prevented from doing so because
of their guilty knowledge that what
they were doing was in violation of
the Constitution.
- They cannot escape this conclusion
because they are presumed to
know the law.
Exception: The pari delicto rule will
not be applied in said case since
1. The original parties who were guilty
of violation of the fundamental
charter have died and have since
been substituted by their
administrators to whom it would be
unjust to impute their guilt, and
2. When the agreement is not illegal
per se but is merely prohibited and
the prohibition by law is designed
for the protection of the plaintiff,
he may, if public policy is
enhanced, recover what he has
paid or delivered.
Exception to the Exception:
1. Where the buyer has acquired
Philippine citizenship
2. Where the land has come to the
hands of a qualified transferee in
good faith.
- If the land is invalidly transferred to an
alien who subsequently becomes a
Filipino citizen or transfers it to a
Filipino, the flaw in the original
transaction is considered cured and
the title of the transferee is rendered
valid.
Rule Restated:
The following may acquire private
lands:
1. Filipino citizens;
2. Filipino corporations and
associations as defined in Sec2,
Article 12 of the Constitution; and
by exception;
3. Aliens but only by hereditary
successions; and
4. A natural born citizen of the
Philippines who has lost his
citizenship.
Classification of Public Land is an
Executive Prerogative of the
Executive Department and Not of
Courts
- In the absence of such
classification, the land remains as
unclassified land until it is released
therefrom and rendered open to
disposition.
System of Classification
 - CA No. 141 governed the
classification and disposition of
lands of the public domain.
- The President is authorized to
classify the lands of the public
domain into alienable and
disposable, timber or mineral
lands.
- The Secretary of DENR is the only
other public official empowered by
law to approve a land classification
and declare such land as alienable
and disposable.
Alienable and disposable lands of the
public domain are classified
according to their uses:
1. Agricultural;
2. Residential, commercial, industrial,
or for similar productive purposes;
3. Educational, charitable, or other
similar purposes;
4. Reservation for town sites and for
public and quasi-public uses.
Requirements to Establish
Classification:
1. There must be a formal declaration
by the President classifying the
land as alienable and disposable.
2. The land must be previously
surveyed by PENRO or CENRO.
Only alienable and disposable lands
may be the subject of disposition.
Public land
- Lands thrown open to private
appropriation and settlement by
homestead and other like general
laws.
- Equivalent to public domain.
Government land
- Includes not only public lands but
also other lands of the government
already reserved or devoted to
public use or subject to private
right.
Cadastral survey of a municipality
does not automatically classify lands
within the cadaster as alienable and
disposable.
Under the Spanish Regime, all crown
lands were per se alienable and
subject to adjudication by the courts.
Burden of proof rests with the
applicant to overcome presumption of
State ownership.
Property of Public Dominion:
1. Those intended for public use, such
as roads, canals, rivers, torrents,
ports and bridges constructed by
the State, banks, shores,
roadsteads and others of similar
character.
2. Those which belong to the State,
without being for public use, and
are intended for some public
service or for the development of
the national wealth.
Land intended for public use or service
are not available for private
appropriation.
- Outside the commerce of men
- If a person obtains title under the
Torrens system which includes
lands which cannot be registered
under the Torrens System, he does
not by virtue of said title become
the owner of the land illegally
included therein.
Property of public dominion when no
longer needed for public use or for
public service, shall form part of the
patrimonial property of the State.
Land may be alienated when declared
no longer needed for public use or
service.
Patrimonial Property
- Public domain lands become
patrimonial property not only with
a declaration that these are
alienable or disposable.
- There must also be an express
government manifestation that the
property is already patrimonial or
no longer retained for public
 service or the development of
national wealth.
- Only when the property has
become patrimonial can the
prescriptive period for the
acquisition of property of the public
dominion begin to run.
- May be bought or sold or in any
manner utilized with the same
effect as properties owned by
private persons.
- May be acquired by private persons
through prescription.
Ownership of waters
The following belong to the State:
1. Rivers and their natural beds
2. Continuous or intermittent waters
of springs and brooks running in
their natural beds and the beds
themselves
3. Natural lakes and lagoons
4. All other categories of surface
waters
5. Atmospheric water
6. Subterranean or ground waters
7. Seawater
The following waters found on
private lands belong to the State:
1. Continuous or intermittent waters
rising on such lands
2. Lakes and lagoons naturally
occurring on such lands
3. Rain water falling on such lands
4. Subterranean or ground waters
5. Water in swamps and marshes
Alienable and disposable lands held by
government entities under Sec.60, CA
No.141 cannot be alienated without
approval by Congress.
Mineral lands
- Owned by the State and their
exploration, development and
utilization must always subject to
the full control and supervision of
the State.
- Possession of mineral lands does
not confer possessory rights
- Certificate of title is void when it
covers property of public domain
classified as mineral lands.
- Ownership of land does not extend
to minerals underneath.
- Land cannot be partly mineral and
partly agricultural.
National parks
- Land reserved for a national park
cannot be registered.
- Certificate title covers a portion of
land within the area reserved for
park purposes, the title should be
annulled with respect to said
portion.
Land inside a military or naval
reservation cannot be the object of
registration.
Foreshore lands and submerged lands
are inalienable unless declared by law
to be alienable and disposable
portions of the public domain.
Land invaded by the sea is foreshore
land and belongs to the State.
Classification of agricultural public
land as A and D reckoned at the time
of filing of application for registration.
Survey
- The act by which the quantity of a
parcel of land is ascertained.
- It is not an instrument of
conveyance of ownership but
merely refers to a delineation of
possession.
Survey plan
- Serves to establish the true identity
of the land to ensure that it does
not overlap a parcel of land or a
portion thereof already covered by
a previous land registration.
What defines a piece of land is not the
area but the boundaries thereof.
Natural boundaries must be certain
Law requires both possession and
occupation of the land applied for
which the applicant must show by
well-nigh incontrovertible.
 Without occupancy, there is no 9. When the facts set forth in the
possession. petition as well as in the
There must be occupancy, petitioners main and reply briefs
apprehension or taking and there must are not disputed by the
be intent to possess. respondents;
Possession, to constitute the 10.When the findings of facts are
foundation of a prescriptive right, premised on the supposed absence
must be possession under a claim of of evidence and contradicted by
title or ownership or it must be the evidence on record;
adverse. 11.When the CA manifestly overlooked
certain relevant facts not disputed
Rule in case of Conflict of by the parties would justify a
Possession: different conclusion.
1. The present possessor shall be
Failure to pay taxes does not alone
preferred;
constitute abandonment of property
2. If there are two possessors, the one
longer in possession; Writ of Possession
3. If the dates of the possession are
the same, the one who presents a - Is employed to enforce a judgment
title; and to recover the possession of land.
4. If both possessors have titles, the - It commands the sheriff to enter
court shall determine the rightful the land and give possession of it
possessor and owner of the land. to the person entitled under the
judgment.
General rule:
Cases when Writ of Possession may
- Possession raises a question of be Issued:
fact.
1. In land registration proceeding,
which is a proceeding in rem;
Exception: 2. In an extrajudicial foreclosure of a
1. When the findings are grounded realty mortgage;
3. In a judicial foreclosure of
entirely on speculation, surmises or
mortgage, a quasi in rem
conjectures;
2. When the interference made is proceeding, provided that the
mortgagor is in possession of the
manifestly mistaken, absurd or
impossible; mortgaged realty and no third
3. When there is grave abuse of person, not a party to the
discretion; foreclosure suit, had intervened;
4. When the judgment is based on a and
misapprehension of facts; 4. In execution sales.
5. When the findings of facts are A Writ of Possession may be issued not
conflicting; only against the person who has been
6. When in making its findings, the CA defeated in a registration case but also
went beyond the issues of the against anyone unlawfully and adversely
case, or its findings are contrary to occupying the land or any portion thereof
the admissions of both the during the land registration proceedings
appellant and the appellee; up to the issuance of the final decree.
7. When the findings are contrary to
the trial court; Writ of Demolition
8. When the findings are conclusions
without citation of specific - Writ issued complement to the writ
evidence on which they are based; of possession which, without said
 writ of demolition, would be
ineffective.
Writ of possession will not issue:
1. When it has already been issued at
the instance of the applicant or his
successors, who hold transfer
certificates of title;
2. When the persons against whom it
is sought to be used have occupied
the premises after the final decree
was issued, and have not taken
direct part as opponents in the
registration proceedings where said
final decree was issued.
Actual possession under claim of
ownership raises a disputable
presumption of ownership.
The true owner must resort to judicial
process, for the recovery of the
property, not summarily through a
motion for the issuance of a writ of
possession.
Writ does not issue in reconstitution
cases.
Consequence of refusal to vacate
contempt
Decree of Registration
- Is an order issued under the
signature of the Administrator, LRA,
in the name of the court, stating
that the land described therein is
registered in the name of the
applicant or oppositor or claimant
as the case may be.
- Shall bind the land and quiet title
thereto, subject only to such
exceptions or liens as may be
provided by law.
Land becomes registered land only
upon transcription of the decree and
not on the date of issuance of the
decree.
Registration court has no jurisdiction
to decree again land already decreed
in a previous registration case.
Decree cannot be issued until after
judgment becomes final.
Certificate of title becomes
indefeasible after 1 year from the
issuance of the decree.
The Maysilo Estate Case:
Issue:
- WON OCT No. 994 should be
deemed registered as of the date
of issuance of the decree of
registration instead of the date it
was received for transcription by
the ROD.
Ruling:
- Original certificate of title is issued
on the date the decree of
registration is transcribed since
what stands as the certificate of
the title is the transcript of the
decree of registration made by the
ROD in the registry.
- It is only after the transcription of
the decree by the ROD that the
certificate of title is to take effect.
Remedies Available to the Aggrieved
Party:
1. Remedy of new trial or
Reconsideration
2. Relief of judgment
3. Appeal to the CA or SC
4. Review of decree
5. Reconveyance
6. Damages
7. Claim against the Assurance Fund
8. Reversion
9. Cancellation of title
10.Annulment of judgment
11.Criminal prosecution
New Trial or Reconsideration
- If the motion for new trial is
granted, the judgment is set aside;
- If the motion for reconsideration is
granted, the judgment is merely
amended.
An appeal may be taken within 15
days after notice to the appellant of
the judgment or final order appealed
from.
Grounds:
1. Fraud, accident, mistake, or
excusable negligence which
ordinary prudence could not have
guarded against and by reason of
which such aggrieved party has
probably been impaired in his
rights;
2. Newly discovered evidence which if
presented would probably alter the
result.
3. Damages awarded are excessive
4. The evidence is insufficient to
justify the decision or final order or
that decision
5. Decision or final order is contrary
to law.
Contents:
- The motion shall be made in
writing stating the grounds, a
written notice of which shall be
served by the movant on the
adverse party.
Fraud
- To be ground for nullity of judgment
must be extrinsic to the litigation.
Extrinsic Fraud
- Refers to any fraudulent act of the
successful party in a litigation
which is committed OUTSIDE the
trial of a case against the defeated
party, or his agents, attorneys or
witnesses, whereby said defeated
party is prevented from presenting
fully and fairly his side of the case.
Intrinsic fraud
- Refers to acts of a party in a
litigation DURING the trial, such as
the use of forged instruments
which did not affect the
presentation of the case, but did
prevent a fair and just
determination of the case.
Accident
- It must appear that there was
accident or surprise which ordinary
prudence could not have guarded
against, and by reason of which the
party applying has probably been
impaired in his rights.
- Includes illness which the party has
no control.
Mistake
- Some unintentional act, omission,
or error arising from ignorance,
surprise, imposition or misplaced
confidence.
Excusable negligence
- A failure to take proper steps at the
proper time, not in consequence of
the partys own carelessness, or
willful disregard of the process of
the court.
Final Judgment or Order
- One that finally disposes of a case,
leaving nothing more to be done by
the court in respect thereto.
Interlocutory
- An order that does not finally
dispose of the case, and does not
end the courts task of adjudicating
the parties contention and
determining the rights and
liabilities as regards each other but
indicates that other things remain
to be done by the court.
Petition for relief and motion for new
trial/reconsideration are exclusive of
each other.
Appeal
- May be taken from a judgment or
final order that completely
disposes of the case, or of
particular matter therein when
declared by the Rules of Court to
be appealable.
No Appeal may be Taken from:
1. An order denying a motion for new
trial or reconsideration;
 2. An order denying a petition for
relief or any similar motion seeking
relief from judgment;
3. An interlocutory order;
4. An order disallowing or dismissing
an appeal;
5. An order denying a motion to set
aside a judgment by consent,
confession or compromise on the
ground of FAME;
6. An order of execution;
7. A judgment or final order for or
against one or more of several
parties or in separate claims, while
the main case is pending, unless
the court allows an appeal;
8. An order dismissing an action
without prejudice.
Modes of Appeal:
1. Ordinary appeal
- Appeal to the CA in cases decided
by the RTC in the exercise of its
original jurisdiction shall be taken
by filing a notice of appeal with the
court which rendered the judgment
or final order appealed from and
serving a copy upon the adverse
party.
2. Petition for review
- Appeal to the CA in cases decided
by the RTC in the exercise of its
appellate jurisdiction shall be by
petition for review in accordance
with Rule 42.
3. Appeal by certiorari
- In all cases where only questions of
law are raised or involved, the
appeal shall be to the SC by
petition for review on certiorari in
accordance with Rule 45.
Perfection of Appeal
- Deemed perfected upon filing of
the notice of appeal in due time.
Review of Decree of Registration
- Courts may reopen proceedings
already closed by final decision or
decree when an application for
review is filed by the party
aggrieved within 1 year from the
issuance of the decree of
registration.
Requisites for Review:
1. The petitioner must have an estate
or interest in the land;
2. He must show actual fraud in the
procurement of the decree of
registration;
3. The petition must be filed within 1
year from the issuance of the
decree by the LRA;
4. The property has not yet passed to
an innocent purchaser for value.
Grounds for review
- Fraud must be actual or extrinsic as
ground for annulling a judgment.
When Relief may NOT be Granted:
1. Where the alleged fraud goes into
the merits of the case is intrinsic
and not collateral, and has been
controverted and decided;
2. Where it appears that the fraud
consisted in the presentation at the
trial of a supposed forged
document or a false testimony.
Petition must be filed within 1 year
from entry of decree of registration
Date of issuance of patent is equivalent
to the decree of registration.
Purchaser in Good Faith
- One who buys the property of
another without notice that some
other person has a right to or
interest in it, and who pays a full
and fair price at the time of the
purchase or before receiving any
notice of another persons claim.
In no case shall such petition for
review be entertained by the court
where an innocent purchaser for value
has acquired the land or an interest
therein, whose rights may be
prejudiced.
2 obligations:
1. The payment of the consideration;
2. The performance of such first
obligation in good faith, an implied
obligation but just as binding and
as important as the first.
Purchaser is not required to explore
further than what title indicates for
hidden defects.
A purchaser who has knowledge of
defect of his vendors title cannot
claim good faith.
As between 2 persons in good faith,
the LAWFUL holder
Rule of Caveat Emptor (Buyer
beware)
- One who purchases real property
which is in actual possession of
others should, at least, make some
inquiry concerning the rights of
those in possession.
- Requires the purchaser 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.
Sale of Property pending litigation:
- As regards immovable property,
ownership shall belong to the
person acquiring it who in good
faith first recorded the sale in the
ROD.
- A bona fide purchaser for value of
property at an auction sale
acquires good title as against a
prior transferee of the same
property if such transfer was
unrecorded at the time of the
auction sale.