History of the Torrens System

Sir Robert Torrens originated the system of land

registration. He was Commissioner of Customs in South
Australia. He was inspired by the comparative facility wih
which ships or undivided shares therein were negotiated
and transferred in accordance with the Merchants
Shipping Act. Becoming a Register of Deeds, he devised a
scheme of title registration similar under the Merchants
Shipping Act with modifications. When he became a
member of Parliament, he introduced a bill for the
adoption of scheme of land registration, which became
known as the Torrens system.
 Land RegistrationLaws in the Philippines
Laws of the Indies and Royal Cedulas laid the foundation that all lands that were
not acquired from the government, by purchase or by grant, belong to the public
domain
Ley Hipotecaria or Mortgage Law provided for the systematic registration of
titles, deeds and possessory claims
Royal Decree of 1894 or Maura Law established possessory information as the
method of legalizing possession of vacant Crown land; informacion possessoria
title, when inscribed in the Registry of Property, is converted into a title of
ownership after the lapse of 20 years of uninterrupted possession
Philippine Bill of 1902 the first law governing the disposition of public lands
under the American rule; lands of the public domain were classified into
agricultural, mineral and timber/forest lands.
Act 496 or Land Registration Act established a system of registration by which
recorded title becomes absolute, indefeasible and impresciptible; created the
Court of Land Registration, Registry of Deeds
Act 926 or Public Land Act (1st) - introduced the homestead system and made
provisions for judicial and administrative confirmation of imperfect title and for
the sale or lease of public lands
Act 2259 or Cadastral Act provided for the compulsory registration of land titles
with private ownership; registration under the law was judicial in nature
 Land RegistrationLaws in the Philippines
Act 2874 or Public Land Law (2nd) limited the exploitation of agricultural lands to
Filipinos and Americans and citizens of other countries which gave Filipinos the
same privileges
CA 141 amended Act 2874 remains the existing general law governing the
classification and disposition of lands of the public domain other than timber and
mineral lands and privately owned lands which reverted to the State
RA 1151 abolished the General Land Registration Office (GLRO) and created the
Land Registration Commission (LRC)
PD 892 discontinued the use of Spanish titles as evidence in land registration
proceedings; all holders of Spanish titles should apply for registration under Act
496 within six months from effectivity of law otherwise it shall be considered as
unregistered and shall be governed by Act 3344
PD 1529 or Property Registration Decree - codified the various laws relative to
registration of property; governs registration of lands under Torrens system as well
as unregistered lands, including chattel mortgages
EO 469 reorganize the LRC into the National Land Titles and Deeds
Administration (NLTDRA)
Memo Circular Sept 30, 1988 reorganized the NLTDRA into the Land Registration
Authority (LRA)
Other laws
 Regalian doctrine jura regalia
All lands in the Philippines are presumed to be lands of the
public domain and therefore, owned by the State.
Section 2 Art XII 1987 Constitution All lands of the public
domain, waters, minerals, coal, petroleum, and other
mineral oils, all forces of potential energy, fisheries, forests
or timber, wildlife, flora and fauna and other natural
resources are owned by the State.
First introduced by the Spaniards through the Laws of the
Indies and Royal Cedulas, which laid the foundation that
all lands that were not acquired from the Government,
either by purchase or by grant, belong to the public
domain.
 The American Occupation and the
Concession Regime
On Dec 10, 1898, by the Treaty of Paris, Spain ceded the
Phils to the United States
the Act of Congress on July 1, 1902, or the Phil Bill of 1902,
the US assumed the administration of the Phil Islands
Section 21 of the Phil Bill of 1902 allowed the free and
open exploration, occupation and purchase of mineral
deposits to both Filipino and US citizens
Distinction of Regalian doctrine under
Spanish Regime and US Regime

Under the Spanish regime, mineral rights are

not included in a grant of land by the State
Under the US regime, mineral rights are
included in a grant of land by the government
 Lands of the public domain
means that land is destined to public use or
which belongs exclusively to the State without
being devoted to common use or to some public
service or to the development of the national
resources and of mines until transferred to
private persons ( Tipton vs Andueza April 4, 1906)
 How may lands of the public
domain be owned privately?

Lands of the public domain must be declared

alienable and disposable before being
susceptible of private ownership
Alienable and disposable lands are limited to
agricultural lands
Section 3 Art XII 1987 Constitution
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 to which they may be
devoted.
 Section 2 C.A. 141 Public Land Act
Lands of the public domain, alienable or open
to disposition shall be limited as follows:
1. Agricultural
2. Residential, commercial, industrial or for
similar productive purposes
3. Educational, charitable or other similar
purposes
4. Reservation for townsites and for public and
quasi-public purposes
Legal requirements before being opened
to ownership under Section 8 C.A. 141
1. The lands must be officially delimited and
classified and when practicable, surveyed
2. It must be declared alienable and disposable
3. It must not be reserved for public or quasi-public
uses, nor appropriated by the government nor in
any manner become private property, nor those
on which a private right authorized and
recognized by law may be claimed, or which
having been appropriated have ceased to be so
4. Publication
 Delimited, classified and surveyed
It is the Director of Lands which shall have the
direct executive control of the survey,
classification, sale or any other form of
concession or disposition and management (Sec
4 C.A.141)
The President may, if for reasons of public
interest declare lands of the public domain as
open to disposition before the same have had
their boundaries established or have been
surveyed (Sec 8 C.A. 141)
Declared alienable and disposable
Without the declaration that the land is alienable
and disposable, the claim of ownership is empty
and shall not prosper
While it is an acknowledged policy of the State to
promote the distribution of alienable public lands
to spur economic growth and in line with the
ideal of social justice, the law imposes stringent
safeguards upon the grant of such resources lest
they fall into the wrong hands to the prejudice of
the national patrimony. (Republic vs. Heirs of
Fabio Dec 23, 2008)
Declared alienable and disposable
The burden of proof in overcoming the
presumption of State ownership of lands of
the public domain is on the person applying
for registration or claiming ownership, who
must prove that the land subject of the
application is alienable and disposable. (
Republic vs Lao July 1, 2003 )
 Declared alienable and disposable
Possession, no matter how long and in the concept of
an owner cannot ripen into ownership without the
declaration of alienability and disposability of land.
(Republic vs Lao, Heirs of Gregorio vs Republic (July 27,
2007)
A certificate of title on inalienable land is void and can
be cancelled in whomsoever hand said title may be
found. A certificate of title which covers forest or
timber lands is void, even if in the hands of an innocent
purchaser for value. (Republic vs Lao, Heirs of Gregorio
vs Republic (July 27, 2007)
Authority to declare land as alienable and
disposable
President, through presidential proclamation,
executive order, administrative action
Congress by legislative act
Republic Act no. 9323 An act reclassifying a parcel of
timberland located in Brgy Atabay, Municipality of Hilongos
Province of Leyte, as alienable and disposable land for
residential, commercial, industrial and other productive
purpose
 Republic vs T.A.N. Properties June 26, 2008
A parcel of land can no longer be classified as alienable and
disposable through the mere issuance of a CENRO/PENRO. It is
not enough for the PENRO/CENRO to certify that the land is
alienable and disposable.
1. The applicant must prove (a) that the DENR Secretary had
approved the land classification and released the land of the
public domain as alienable and disposable, and (b) that the
land subject of the application for registration falls within the
approved area per verification through survey by the PENRO
or CENRO.
2. In addition, the applicant must present a copy of the original
classification approved by the DENR Secretary and certified
as a true copy by the legal custodian of the official records.
 Proclamation no. 1064
On May 22, 2006, Pres Arroyo exercising the
authority granted by the Constitution issued
Proclamation no. 1064 classifying Boracay island
into 400hectares of reserved forest for protection
purposes and 628.96 hectares of alienable and
disposable agricultural land. It also provided for a
15 meters buffer zone on each side of the road
centerline and trails, reserved for right of way
and which shall form part of the area reserved for
forest protection purposes.
 Not been reserved for public or quasi-public uses

Sec 14 Revised Admin Code of 1987(E.O. no. 292)

1. the President shall have the power to reserve for
settlement or public use, any of the lands of the
public domain, the use of which is not otherwise
provided by law or proclamation
2. He shall also have the power to reserve from sale
or other disposition and for specific public uses or
purposes, any land belonging to the private domain
of the government or any of the Friar lands
Publication pursuant to Sec 7 C.A. 141
The DENR Sec shall cause the
1. posting of notice in the barangay hall,
municipal/city hall and provincial capitol and
2. a publication of a list in a newspaper of general
circulation in the province or city where the land
lies; a list of public lands declared alienable and
disposable
3. Additionally, a barangay meeting shall be
conducted wherein the list shall be read and
announced and certified by the district land officer
that such requirement was complied with.
 DENR Secretary vs Yap Oct 8, 2008
In 1976 Pres Marcos issued Proc 1801 PTA Circular 3-82
declaring parcels of land around Boracay as tourist zones ad
marine reserves under Phil Tourism Authority (PTA)
management
Private claimants assert that the Proclamation converted
the island into alienable and disposable lands
The SC declared that there must be a positive act of
declaring land as alienable and disposable. The burden of
proof in overcoming the presumption of State ownership
rests on the person applying for registration.
Matters of land classification or reclassification cannot be
assumed. Proc 1801 did not convert the whole of Boracay
into an agricultural land. It cannot be deemed a positive act
to classify Boracay Island as alienable and disposable.
 Lands which cannot be declared as
alienable and disposable
1. Those reserved for public or quasi-public uses
2. Those appropriated by the government
3. Those private lands of the government like the Friar
lands and the ancestral lands under the IPRA law
4. Those covered by the Forestry Code with slope of 18%
or more
5. Submerged lands
6. Lands classified as national parks under the National
Integrated Protected Areas System (NIPAS) Act
 What are Friar Lands
Lands acquired by the State from religious orders and which
do not come within the scope of alienable and disposable
land of the public domain because these are private lands of
the government
Pursuant to Act 1120, the government entered into contracts
with the Phil Sugar Estates Co. Ltd, La Sociedad Agricola de
Ultramar, British-Manila Estates Co. Ltd., Recoleto Order of
the Phil Islands for the purchase of 164,127 hectares located
in Laguna, Bulacan, Cavite, Bataan, Cebu, Rizal, Isabela and
Mindoro
After the purchase, the preferable right to purchase was
vested on the actual occupant
The objective was to provide a home for each citizen where
his family may shelter and live beyond the reach of financial
misfortune and to inculcate in individuals the feeling of
independence. (Jocson vs Soriano 45 Phil 375 )
 Indigenous Peoples Rights Act
Two kinds of ancestral lands
1. Ancestral domains all areas generally
belonging to indigenous cultural community
or indigenous people (ICC/IP)
2. Ancestral lands all lands occupied,
possessed and utilized by individuals, families
and clans who are members of the ICC/IP
 Ancestral Domains refer to
1. all areas generally belonging to the ICCs/IPs comprising
lands, inland waters, coastal areas and natural resources
therein held under a claim of ownership
2. occupied or possessed by the ICCS/IPs by themselves or
through their ancestors, communally or individually,
3. since time immemorial, continuously to the present except
when interrupted by
a. war,
b. force majeure or
c. displacement by force, deceit, stealth or
d. as a consequence of government projects or any other
voluntary dealings entered into by government and private
individuals, corporations
4. and which are necessary to ensure their economic, social
and cultural welfare.
 Ancestral Lands refer to
1. land occupied, possessed and utilized by individuals,
families and clans
2. who are members of the ICCs/IPs since time immemorial,
3. by themselves or through their predecessors-in-interest,
4. under claims of individual or traditional group ownership,
5. continuously, to the present except when interrupted
a. by war,
b. force majeure or
c. displacement by force, deceit, stealth, or
d. as a consequence of government projects and other
voluntary dealings entered into by government and private
individuals/corporations,
6. including, but not limited to, residential lots, rice terraces or
paddies, private forests, swidden farms and tree lots;
 Certificates of Title issued by the
Natl Commission on Indigenous People(NCIP)
1. Certificate of Ancestral Domain Title - refers to a
title formally recognizing the rights of possession
and ownership of ICCs/IPs over their ancestral
domains identified and delineated in accordance
with this law;

2. Certificate of Ancestral Lands Title - refers to a

title formally recognizing the rights of ICCs/IPs over
their ancestral lands;
 ICCs/IPs
-a group of people or homogenous societies identified by self-
ascription and ascription by other,
-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 customs, tradition and other distinctive
cultural traits, or
-who have, through resistance to political, social and cultural
inroads of colonization, non-indigenous religions and culture,
became historically differentiated from the majority of Filipinos.
-include peoples who are regarded as indigenous on account of
their descent from the populations which inhabited the country, at
the time of conquest or colonization, or at the time of inroads of
non-indigenous religions and cultures, or the establishment of
present state boundaries, who retain some or all of their own
social, economic, cultural and political institutions, but who may
have been displaced from their traditional domains or who may
have resettled outside their ancestral domains;
 Indigenous peoples of the
Philippines
Aeta, Ati, Bajau, Igorot, Lumad,
Mangyan, Palawan tribes and
Suludnon.
Source: Wikipedia
Time Immemorial -

refers to a period of time when, as far back 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.
Rights to Ancestral Domains. - The rights of
ownership and possession of ICCs/IPs to their ancestral
domains shall be recognized and protected. These are

1.Rights of Ownership
2.Right to Develop Lands and Natural Resources
3. Right to Stay in the Territories
4. Right in Case of Displacement
5. Right to Regulate Entry of Migrants
6. Right to Safe and Clean Air and Water
7. Right to Claim Parts of Reservations
8. Right to Resolve Conflict
Rights to Ancestral Lands. - The right of ownership
and possession of the ICCs/IPs, to their ancestral lands shall be
recognized and protected.

1. Right to transfer land/property. - Such right shall include

the right to transfer land or property rights to/among
members of the same ICCs/IPs, subject to customary laws and
traditions of the community concerned.

2. Right to Redemption. - In cases where it is shown that the

transfer of land/property rights by virtue of any agreement or
devise, to a non-member of the concerned ICCs/IPs is tainted
by the vitiated consent of the ICCs/IPs, or is transferred for an
unconscionable consideration or price, the transferor ICC/IP
shall have the right to redeem the same within a period not
exceeding fifteen (15) years from the date of transfer.
Responsibilities of ICCs/IPs to their Ancestral
Domains. - ICCs/IPs occupying a duly certified ancestral
domain shall have the following responsibilities:

1. Maintain Ecological Balance- To preserve, restore, and

maintain a balanced ecology in the ancestral domain by
protecting the flora and fauna, watershed areas, and other
reserves;

2. Restore Denuded Areas- To actively initiate, undertake and

participate in the reforestation of denuded areas and other
development programs and projects subject to just and
reasonable remuneration; and

3. Observe Laws- To observe and comply with the provisions

of this Act and the rules and regulations for its effective
implementation.
NATIONAL COMMISSION ON INDIGENOUS
PEOPLES (NCIP) - to carry out the policies herein set
forth, there shall be created the National Commission on
ICCs/IPs (NCIP), which shall be the primary government
agency responsible for the formulation and implementation
of policies, plans and programs to promote and protect the
rights and well-being of the ICCs/IPs and the recognition of
their ancestral domains as well as their rights thereto.

Mandate. - The NCIP shall protect and promote the interest

and well-being of the ICCs/IPs with due regard to their
beliefs, customs, traditions and institutions.
Composition of NCIP It shall be an independent agency under the
Office of the President and shall be composed of seven (7)
Commissioners belonging to ICCs/IPs, one (1) of whom shall be the
Chairperson. The Commissioners shall be appointed by the President
of the Philippines from a list of recommendees submitted by authentic
ICCs/IPs:
Provided, That the seven (7) Commissioners shall be appointed
specifically from each of the following ethnographic areas:
1.Region I and the Cordilleras; Region II;
2.the rest of Luzon;
3.Island Groups including Mindoro, Palawan, Romblon, Panay and the
rest of the Visayas;
4.Northern and Western Mindanao;
5.Southern and Eastern Mindanao;
6.and Central Mindanao:

Provided, That at least two (2) of the seven (7) Commissioners shall
be women.
Qualifications of NCIP Member
1. must be natural born Filipino citizens,
2. bonafide members of ICCs/IPs as certified by his/her tribe,
3. experienced in ethnic affairs and
4. who have worked for at least ten (10) years with an ICC/IP
community and/or any government agency involved in
ICC/IP,
5. at least 35 years of age at the time of appointment, and
6. must be of proven honesty and integrity:
Provided, That at least two (2) of the seven (7)
Commissioners shall be the members of the Philippine Bar:
Tenure of NCIP Member

1. The members of the NCIP shall hold office for a period

of three (3) years, and may be subject to re-
appointment for another term:
2. No person shall serve for more than two (2) terms.
3. Appointment to any vacancy shall only be for the
unexpired term of the predecessor and in no case shall
a member be appointed or designated in a temporary
or acting capacity:
Offices within the NCIP.

1. Ancestral Domains Office

2. Office on Policy, Planning and Research
3. Office of Education, Culture and Health
4. Office on Socio-Economic Services and Special Concerns
5. Office of Empowerment and Human Rights
6. Administrative Office
7. Legal Affairs Office
8. Office of the Executive Director
Who may extract/develop/exploit natural resources within
Ancestral Domains?

1. The ICCs/IPs shall have the priority rights in the harvesting,

extraction, development or exploitation of any natural resources
within the ancestral domains.
2. A non-member of the ICCs/IPs concerned may be allowed to
take part in the development and utilization of the natural
resources for a period of not exceeding twenty-five (25) years
renewable for not more than twenty-five (25) years:

Provided, That a formal and written agreement is entered into with

the ICCs/IPs concerned or that the community, pursuant to its own
decision making process, has agreed to allow such operation:
Provided, finally, That the all extractions shall be used to facilitate
the development and improvement of the ancestral domains.
Exemption from Taxes. -

All lands certified to be ancestral domains shall be

exempt from real property taxes, specially levies, and
other forms of exaction

Except such portion of the ancestral domains as are

actually used for large-scale agriculture, commercial
forest plantation and residential purposes and upon
titling by other private person: Provided, that all
exactions shall be used to facilitate the development and
improvement of the ancestral domains.
Delineation process of ancestral domains

1. Petition for delineation- by the NCIP with the consent

of the ICC/IP concerned, or through a Petition for
Delineation filed with the NCIP, by a majority of the
members of the ICCs/IPs.

2. Delineation proper - to be undertaken by the

Ancestral Domains Office upon filing of the application
by the ICCs/IPs concerned.

3. Preparation of maps. preparation of a perimeter

map with technical descriptions, and a description of
the natural features and landmarks embraced therein.
4. Report of investigation and other documents to be
prepared by the Ancestral Domains Office of the NCIP.

5. Notice and publication Investigation report and other

document in native language to be posted for 15 days in prominent
place, local, provincial and regional offices of the NCIP, and shall be
published in a newspaper of general circulation once a week for 2
consecutive weeks. In areas where no such newspaper exists,
broadcasting in a radio station will be a valid substitute. Mere posting
shall be deemed sufficient if both newspaper and radio station are not
available.

6. Endorsement to NCIP preparation of a report to the NCIP

endorsing a favorable action upon a claim that is deemed to have
sufficient proof. However, if the proof is deemed insufficient, the
Ancestral Domains Office shall require the submission of additional
evidence. The Ancestral Domains Office shall reject any claim that is
deemed patently false or fraudulent after inspection and verification.
7. Issuance of Certificate of Ancestral Domain Title
(CADT). ICCs/IPs whose ancestral domains have been
officially delineated and determined by the NCIP shall be
issued a CADT in the name of the community concerned,
containing a list of all those identified in the census.

8. Registration of CADTs.
 Cruz vs DENR Sec GR no. 135385

Petition filed by (Ret.) SC Justice Isagani Cruz

seeking the declaration by the SC of
unconstitutionality of certain provisions of RA
8371 (IPRA) . IPRA which was intended to be a
legislative response to the 1987 Constitution
which recognizes the rights of indigenous
cultural communities within the framework of
national unity and development.
 Cruz vs DENR Sec GR no. 135385
Arguments for and against the IPRA
Those who opposed the IPRA argued that it unlawfully deprives the
State of ownership over lands of the public domain as well as
minerals and other natural resources, in violation of the regalian
doctrine; that, by providing for an all-encompassing definition of
ancestral domains and ancestral lands which might even include
private lands found within said areas, Sections 3(a) and 3(b) violate
the rights of private landowners; that by making customary law
applicable to the settlement of disputes involving ancestral domains
and ancestral lands is a violation of the due process clause of the
Constitution.
Those, who defended the IPRA, contended that even accepting, jura
regalia, Spain could claim dominium only over unoccupied and
unclaimed portions of the islands. That the due process clause
recognizes the existence of native title prior to the arrival of the
colonists.
 Provisions of 1987 Constitution
Sec 22 Art II - The State recognizes the rights of indigenous
cultural communities within the framework of national
unity and development.
Sec 5 Art XII The State, subject to the provisions of the
Constitution and national development policies and
programs, shall protect the rights of indigenous cultural
communities to their ancestral lands to ensure their
economic, social and cultural well-being. The Congress may
provide for the applicability of customary laws governing
property rights or relations in determining the ownership
and extent of ancestral domain.
Sec 2 Art XII All lands of the public domain, x x x, are owned
by the State.
 Cruz vs DENR Sec GR no. 135385

After due deliberation on the petition, the

members of the Court voted as follows:
Seven (7) voted to dismiss the petition. Seven (7)
other members of the Court voted to grant the
petition.
As the votes were equally divided (7 to 7) and the
necessary majority was not obtained, the case
was redeliberated upon. After redeliberation, the
voting remained the same. Accordingly, pursuant
to Rules of Civil Procedure, the petition is
DISMISSED.
Republic Act 7586 National Integrated
Protected Areas System
Statement of Policy:
To secure for the Filipino people of present
and future generations the perpetual
existence of all native plants and animals
through the establishment of a
comprehensive system of integrated
protected areas within the classification of
national park as provided for in the
Constitution.
 Categories of Protected Areas under NIPAS
(Sec 3)
a. Strict nature reserve;
b. Natural park; ex. Apo Reef, Mayon volcano
c. Natural monument; ex. Besang Pass, Chocolate Hills
d. Wildlife sanctuary; ex. Calauit Safai Park, Olango
Island
e. Protected landscapes and seascapes; ex. Taal volcano,
Hinulugang Taktak, Panglao Island
f. Resource reserve; ex. Agno River Basin
g. Natural biotic areas;
h. Other categories established by law, conventions or
international agreements which the Philippine
Government is a signatory.
 Submerged land
Lands lying below the high tide line or high water mark
In Chavez vs PEA Amari Nov 11, 2003 submerged
lands are owned by the State and are inalienable.
Submerged lands, like the waters above them, are part
of the States inalienable natural resources. They are
property of public dominion, absolutely inalienable and
outside the commerce of man. This is also true with
respect to foreshore lands. Any sale of foreshore or
submerged lands is void being contrary to Constitution
Sec 61 CA 141 provides that submerged lands shall be
disposed of to private parties by lease only and not
otherwise.
Alienable and disposable lands according to use
under the Public Land Act
Agricultural land devoted to agricultural activity.
Agricultural activity means the cultivation of soil, planting
of crops, growing of fruit trees and other activities and
practices performed by a farmer in conjunction with such
farming operations.
Residential land the usual form of residential lands are
subdivision lots and condominium units
Commercial land devoted principally to commercial
purposes and generally for profit
Industrial land devoted principally to industry as a capital
investment
Reclaimed lands that reclaimed by the government
through dredging, filling or otherwise
 Land conversion and reclassification
Is a procedure that must be undergone in order
for lands to be devoted to a purpose other than
agricultural
Land conversion and reclassification are
undergone by the following authorities:
1. Dept of Agrarian Reform as authorized by the
Comprehensive Agrarian Reform Law (R.A. 6657)
2. Local government units under the Local
Government Code of 1991 and Urban Devt and
Housing Act of 1992
 Davao Steel Corp vs Cabatuando 1964
The SC ruled that when the corporation purchased the
land, the same was still agricultural; it did not become
industrial just because the corporation intended to make it
so. The petitioner, by purchase, succeeded into the duties
of the former landholder including the obligation to
respect the tenure of the tenants. The corporation caused
the termination of the relationship by devoting the land to
industrial purposes without the consent of the tenant or of
the court and it cannot take cover in the wrongful
conversion that it has itself caused.
It is clear therefore, that before being devoted to a more
profitable activity, a parcel of agricultural land must be
subjected to conversion proceedings.
 Land use conversion - Sec 65 RA 6657
It is an act performed by DAR pursuant to RA 6657
Requisites of conversion
1. Lapse of 5 years from its award
2. The land ceased to be economically feasible and
sound for agricultural purposes or the locality has
become urbanized
3. The land will have greater economic value for
residential, commercial or industrial purposes
4. Beneficiary applies for conversion
5. Notice to affected parties
6. Beneficiary shall have fully paid his obligation
Agricultural Lands not capable of conversion
1. Agri lands within the protected areas under NIPAS as
determined by DENR
2. Irrigated lands as delineated by DA and/or NIA
3. Irrigable lands covered or not covered by irrigation projects
with firm funding commitment
4. Agri lands with irrigation facilities operated by private orgs
5. Agro-industrial croplands - lands presently planted to
industrial crops that support the economic viability of
existing agricultural infrastructure and agro-based
enterprises;
6. Highlands or areas with the potential for growing semi-
temperate and usually high-value crops
7. Lands under the voluntary land transfer/direct payment
scheme
8. Environmentally critical areas as determined by DENR
 Land use reclassification
It is an act performed by the local government unit based
on police power
Luna, et-al vs Afable January 23, 2013 the regulation by
local legislatures of land use in their respective territorial
jurisdiction through zoning and reclassification is an
exercise of police power. The power to establish zones for
industrial, commercial and residential uses is derived from
the police power itself and is exercised for the protection
and benefit of the residents of a locality.

Police power is the capacity of the State to regulate behavior and enforce
order within their territory for the betterment of the health, safety, morals,
and general welfare of their inhabitants.[
Instances when Reclassification is proper
(Sec 2 Memo Circular 54)
(1) when the land ceases to be economically
feasible and sound for agricultural purposes
as determined by the Department of
Agriculture (DA),
(2) where the land shall have substantially
greater economic value for residential,
commercial, or industrial purposes as
determined by the sanggunian concerned,
 Land classification according to
ownership under the Civil Code
1. Property of public dominion those intended
for public use, or for some public service or
for the development of national wealth
2. Patrimonial property property of public
dominion when no longer intended for public
use or for public service
3. Property of private ownership -
Characteristics of property of public dominion
Tan Toco vs Mun of Iloilo
1. It cannot be appropriated
2. It cannot be the subject of contracts, hence,
they cannot be alienated or encumbered.
3. It cannot be acquired by prescription
4. It cannot be subject to attachment or
execution
5. It cannot be burdened by voluntary
easement.
 Espiritu vs Mun Council of Pozorrubio
102 Phil 869
The town plaza cannot be used for the
construction of market stalls, specially
residences and that such structures constitute
a nuisance subject to abatement. Town plazas
are properties of public dominion, to be
devoted to public use and to be made
available to the public in general. They are
outside the commerce of man and cannot be
disposed of or even leased by the municipality
to private parties.
 MIAA vs CA July 20, 2006
The Airport lands and buildings are devoted to public use
because they are used by the public for international
and domestic travel and transportation. The fact that
the MIAA collects terminal fees and other charges from
the public does not remove the character of the airport
lands and buildings as properties for public use. The
operation by the government of a tollway does not
change the character of the road as one for public use.
Someone must pay for the maintenance of the road,
either the public through the taxes or those who
actually use the road through the toll fees they pay
upon using it.
 Patrimonial property
When no longer intended for public use or for
public service
Section 21 Local Govt Code a local govt
unit may, pursuant to an ordinance,
permanently or temporarily close or open any
local road, alley, park or square falling within
its jurisdiction; in case of permanent closure,
such ordinance requires 2/3 vote of all
sanggunian members
 Cebu Oxygen vs Bercilles 66 SCRA 481
As war time reparation pursuant to the Reparations Agreement,
Japan awarded to the Phil govt the Roppongi property which
it used as an Embassy. However, by reason of poor
maintenance of the building it was abandoned.
The fact that the Roppongi site has not been used for a long time
for actual embassy service does not automatically convert it
to patrimonial property. Any such conversion happens only if
the property is withdrawn from public use. A property
continues to be part of the public domain, not available for
private appropriation or ownership until there is a formal
declaration on the part of government to withdraw it from
being such. (Ignacio vs Director of Lands 108 Phil 335)
 Heirs of Santiago vs Lazaro 166 SCRA 368

An abandonment of the intention to use the

Roppongi property for public service and to make
it patrimonial property must be definite.
Abandonment cannot be inferred from the non-
use alone specially if the non-use was
attributable not to the governments own
deliberate and indubitable will but to a lack of
financial support to repair and improve the
property. A mere transfer of the Phil embassy to
Nampedai is not relinquishment of the Roppongi
propertys original purpose.
 Sec 7 Art XII 1987 Constitution
Save in cases of hereditary succession, no
private lands shall be transferred or conveyed
except to individuals, corporations or
associations qualified to acquire or hold lands
of the public domain.
Who may acquire lands?
1. natural persons
2. juridical persons
Both subject to their qualifications
 Qualifications of a natural person
1. Citizenship
2. Age
3. Allowable area
 Requirement of citizenship
Krivenko vs Register of Deeds - Alexander Krivenko, an alien,
bought a residential lot in December 1941, the registration of
which was interrupted by the war. On May 1945, he sought the
registration of lot but was denied by the Register of Deeds on
the ground that, being an alien, he cannot acquire land in the
Phils. The SC ruled that an alien cannot acquire land in the Phils.
The SC reasoned that lands, minerals, forests and other
natural resources constitute the exclusive heritage of the
Filipino nation. They should be preserved for those under the
sovereign authority of the nation and for their posterity. The
exclusion of aliens from the privilege of acquiring public
agricultural lands and of owning real estate is a necessary part
of the Public Land laws of the Philippines to keep pace with the
idea of preserving the Philippines for the Filipinos.
 Sec 1 Article IV 1987 Constitutioin
SECTION 1. The following are citizens of the Philippines:

(1) Those who are citizens of the Philippines at the time of

the adoption of this Constitution;

(2) Those whose fathers or mothers are citizens of the

Philippines;

(3) Those born before January 17, 1973, of Filipino mothers,

who elect Philippine citizenship upon reaching the age of
majority; and

(4) Those who are naturalized in accordance with law.

Naturalization signifies the act of formally
adopting a foreigner into the political body of a
nation by clothing him/her with the privileges of a
citizen.
Ways of Naturalization
1. Administrative pursuant to R.A. 9139
2. Judicial pursuant to C.A. 473
3. Legislative by act of Congress
 Can a naturalized Filipino be allowed to acquire
land in the Phils?
Yap & Maravillas vs Hon Grageda
March 28, 1983 - The litigated property is now in
the in the hands of a naturalized Filipino.
Respondent, as a naturalized Filipino, was
constitutionally qualified to own the subject
property. If the ban on aliens from acquiring
agricultural and urban lands as construed by SC in
the Krivenko case is to preserve the nations lands
for future generations, that aim or purpose would
not be thwarted but achieved by making lawful
the acquisition of real estate by aliens who
became Filipino citizens by naturalization.
 Can aliens acquire lands in the Phils?
1. Natural born citizens who have lost their Phil
citizenship
2. Former Filipinos by hereditary succession
3. Foreign sovereign
4. Interest in condominium units
 Natural born citizens who have lost Phil
citizenship
Sec 8 Art XII 1987 Const Notwithstanding the
provisions of Section 7, a natural born citizen
of the Philippines who has lost his Philippine
citizenship may be a transferee of private
lands, subject to limitations provided by law.
What are considered as private lands?
Sec 48(b) CA 141 (Public Land Act)- Those who by
themselves or through their predecessors in
interest have been in open, continuous, exclusive
and notorious possession and occupation of
agricultural lands of the public domain, under a
bona fide claim of acquisition of ownership, since
June 12, 1945 or earlier, immediately preceding
the filing of the application for confirmation of
title except when prevented by war or force
majeure.
 Rep of the Phils vs Manna Properties Inc
Jan 31, 2005
Lands that fall under Sec 48 of CA 141 are
effectively segregated from the public domain by
virtue of acquisitive prescription. The SC have held
that open, continuous, exclusive and undisputed
possession of alienable public land for the
prescribed period by CA 141 ipso jure converts such
land into private land, the conversion having
occurred in law from the moment the required
period of possession became complete.
Can a foreign national apply for registration of
title over a parcel of land which he purchased
while still a Filipino citizen, from a vendor who
has complied with the requirements for
registration under the CA 141?
It is undisputed that private respondents, as vendees of a
private land, were natural born citizens of the Phils. It is not
significant whether private respondents are no longer Filipino
citizens at the time they purchased or registered the parcels of
land in question. What is important is that private respondents
were former Filipino citizens and as a transferee of a private
land, they could apply for registration in accordance with
Section 8 Art XII of the Constitution. (Republic of the Phils. Vs.
Court of Appeals August 24, 1994)
 Foreigners by hereditary succession
Testate Estate of Ramirez vs Vda de Ramirez the
SC ruled that the constitutional provision which
enables aliens to acquire private lands does not
extend testamentary succession for otherwise
the prohibition will be for naught and
meaningless. Any alien would be able to
circumvent the prohibition by paying money to a
Philippine landowner in exchange for a devise of
a piece of land.
Intestate succession is succession to the estate of a
decedent who left no will or who may have left a
will but the will was invalid.
 Foreign sovereign
The Holy See vs Eriberto Rosario Dec 1, 1994
The right of a foreign sovereign to acquire property,
real or personal, in a receiving state, necessary
for the creation and maintenance of its
diplomatic mission, is recognized in the 1961
Vienna Convention on Diplomatic Relations. The
Philippines, being an adherent to the rule on
pacta sund servanda honors its treaties despite
the fact that it counters with the provisions of the
1987 Constitution.
 Art 234 Family Code
Only a person within the age of majority can
give consent to a contract and this age is
attained upon reaching the age of eighteen
years. Thereafter, he/she is qualified for all
acts of civil life.
 Is the acquisition of land limited to those
who are within the age of majority?
As a general rule, Yes. Except,
1. acquisition of land by succession does not
require being within the age of majority
2. Sec 22 CA 141 allows a citizen who is not of
legal age who is a head of a family to acquire
lands.
 Allowable land area
1. Of lands of the public domain the 1987
Constitution and the Public Land Act requires
that the area allowed to be acquired be limited
to not more than twelve (12) hectares by
purchase, homestead or grant
2. Of private lands under BP 185 and RA 7042,
former Filipino citizens may acquire:
a. residential lands max. of 1000 sq.m. for
urban land and one hectare for rural land
b. commercial lands max of 5000 sq.m. for
urban land and three hectares for rural land
 Juridical Persons (Art 44 Civil Code)
1. The State and its political subdivisions
2. Other corporations, institutions and entities
for public interest or purpose, created by law
(govt owned and controlled corporations)
3. Corporations, partnerships and associations
for private interest or purpose
 Under Sec 9 CA 141, alienable and
disposable lands of the public domain are:
1. Agricultural
2. Residential, commercial, industrial or for
similar purposes
3. Educational, charitable or other similar
purposes
4. Reservations for townsites and for public and
quasi-public uses
A person who acquires land through the
provisions of CA 141 shall be given a patent.
 What is a patent?
A patent is a contract conveying a particular
land subject to the conditions stated therein,
between the grantor which is the Government
and the grantee, which is the private
individual. (Lumawig vs Arboleda Dec 12,
1980)
 Acquisition of lands under CA 141
A parcel of land which has become alienable and
disposable land of the public domain may be
acquired by means of:
1. Homestead patent
2. Free patent
3. Residential free patent (RA 10023)
4. Sales patent
 Kasilag vs Rodriguez Dec 7, 1993
The Homestead Act has been enacted for the
welfare and protection of the poor. The law gives
a needy citizen a piece of land where he may
build a modest house for himself and his family
and plant what is necessary for subsistence and
for the satisfaction of lifes other needs. X x x A
man with a home and means of subsistence is a
lover of peace and order and will profess
affection for his country, whereas one without a
home and in penury is not only a social parasite
but also a dangerous element in the social order.
 Jurisdiction over land disposition and
acquisition under CA 141
1. Sec 89 CA 141 The Bureau of Lands shall have
jurisdiction over lands registered under the Public
Land Act.
2. Sec 14 DENR Charter The LMB Director shall
assist the DENR Secretary as Executive Officer
who shall have direct executive control of the
survey, classification, lease, sale or any other
forms of concessions or disposition and
management of the lands of the public domain.
 Homestead Patent (Sec 12 CA 141)
In order to acquire a parcel of land by
homestead patent, the applicant
1. must be a citizen of the Philippines
2. Must be over 18 years of age or a head of the
family
3. Does not own more than 12 hectares of land
or has not had the benefit of any gratuitous
allotment of more than 12 hectares of land
 What must homestead applicant do?
1. Must reside continuously for at least one year in
the municipality where the land lies or in the
municipality adjacent to the same
2. Must cultivate at least 1/5 of the land
continuously since the approval of the
application
3. Must make an affidavit that no part of the land
has been alienated or encumbered
4. must comply with the requirements of the law
5. Must pay the fees for the application
 Free Patent under CA 141
(administrative legalization)
In order to acquire a parcel of land by free patent, the
applicant
1. Must be a natural born citizen of the Philippines who is
not the owner of more than 12 hectares of land
2. Continuous occupation and cultivation, by himself or
through his predecessors in interest, of the land for not
less than 30 years (R.A. 6940)
3. Payment of real estate tax
4. Application shall not be beyond Dec 31, 2020 (R.A. 9176)
5. Publication of notice in the municipality and barrio where
the land lies and opportunity of adverse claimants to
present their claim
 Free Patent for Residential land
under RA 10023
Qualifications
1. The applicant must be a Filipino citizen
2. The land must be classified as residential as
determined by the LGU
3. The area applied for must not exceed:
a. 200 sq.m. in highly urbanized cities
b. 500 sq.m. in other cities
c. 750 sq.m. in 1st and 2nd class municipalities
d. 1000 sq.m. in all other municipalities
 Removal of Restrictions
Sec. 5 RA 10023. Removal of Restrictions. -
The restrictions regarding encumbrances,
conveyances, transfers or dispositions
imposed in Sections 118, 119,121, 122 and
123 of Chapter XII, Title VI of
Commonwealth Act No. 141 as amended,
shall not apply to patents issued under this
Act.
PROHIBITION AGAINST ALIENATION OR ENCUMBRANCE (Sec 118 CA
141) Except in favour of the government or any of its branches,
units or institutions or legally constituted banking corporations, lands
acquired under free patent or homestead provisions shall not be
subject to encumbrance or alienation from the date of the approval
of the application and for a term of five years from and after the
date of issuance of the patent or grant, nor shall they become liable
to the satisfaction of any debt contracted prior to the expiration of
said period; but the improvements or crops on the land may be
mortgaged or pledged to qualified persons, associations or
corporations.

RIGHT OF REPURCHASE (Sec 119 CA 141) Every conveyance of land

acquired under the free patent or homestead provisions, when
proper, shall be subject to repurchase by the applicant, his widow or
legal heirs, within a period of five years from the date of conveyance.
 Sales Patent
A Sales Patent may be applied for by:
1. a citizen of the Philippines who is of legal age
2. a head of the family
3. A corporation or association at least 60% of
capital stock of which belongs wholly to
Filipinos, and corporation/association must
be organized under Phil laws
 Procedural Requirements in Sales Patent

1. Appraisal by the LMB of the land sold

2. Publication of notice of sale once a week for
6 weeks in O.G. and in 2 newspaper (Manila
and province/municipality where land lies
3. Posting, for not less than 30days, of notice of
sale in bulletin board of LMB, provincial bldg,
municipal bldg and brgy hall
4. Submission of bids to LMB with enclosed
cash or check or treasury warrant
 Marshy Land
Under Sec 61 CA 141, marshy lands are disposed of to private
parties by lease only and not otherwise.

However, Sec 1 RA 293 amended Sec 61 CA 141 by providing

that marshy lands and lands under water bordering of
shores or banks of navigable lakes or rivers which are
already improved and have been utilized for farming,
fishpond or similar purposes for at least five years, may be
sold to the lessees thereof, as soon as the President
declare, upon recommendation of the DENR Secretary,
that the same are not necessary for public service.
Foreshore, Submerged and Reclaimed Lands

Under Sec 61 CA 141, foreshore and submerged

lands are disposed of to private parties by
lease and not otherwise.
 Chavez vs PEA Amari July 9, 2002
Submerged lands, like waters of the sea above them are
part of the States inalienable natural resources.
Submerged lands are property of public dominion,
absolutely inalienable and outside the commerce of
man. The provisions of the 1935, 1973 and 1987
Constitutions barred the alienation of all natural
resources except public agricultural lands, which were
the only natural resources the State could alienate.
If the State desires to alienate submerged or foreshore
lands, it may do so by means of reclamation activities.
 Entities authorized to reclaim lands
DENR through the LMB under EO no. 192
Chavez vs NHA Aug 15, 2007 The DENR
exercises exclusive jurisdiction on the
management and disposition of all ands of the
public domain. DENR decides whether areas
under water should be reclaimed or not. This
means that PEA needs authorization from DENR
before it could undertake reclamation projects
in Manila Bay or in any part of the country.
 Entities which may undertake reclamation

Sec 4 PD 1084 The Phil Reclamation Authority

(formerly PEA) is hereby created to reclaim
land including foreshore and submerged areas
by dredging, filling or other means.
Sec 1 EO 525 The Public Estates Authority shall
be primarily responsible for integrating,
directing and coordinating all reclamation
projects for and on behalf of the Natl Govt.
 Requisites of valid reclamation project
under Section 1 EO 525
1. Approval by the President
2. Favorable recommendation of PEA
3. Undertaken by any of the following:
a. by PEA
b. by any person or entity pursuant to a contract it
executed with the PEA
c. by the Natl Govt agency or entity authorized under its
charter to reclaim lands subject to consultation with PEA
 Other entities authorized under its
charter to reclaim lands
Philippine Ports Authority
Laguna Lake Devt Authority
Bases Conversion and Devt Authority
Phil Veterans Investment Devt Corp
DPWH
Natl Power Corp
Is the Phil Reclamation Authority the only entity
which may undertake reclamation projects?
In the case of Chavez vs NHA, the PRA is not the only
entity which can undertake reclamation projects. Under
the EO 525, PRA is the agency primarily responsible for
integrating, directing and coordinating all reclamation
projects. Primarily means mainly, principally, mostly,
generally. The very charter of PEA does not mention that
it has the exclusive and sole power and authority to
reclaim lands of the public domain. One example is EO 405
which authorized the Phil Ports Authority to reclaim and
develop submerged areas for port related purposes.
 Disposition of reclaimed lands
1. Reclaimed lands shall be surveyed (Sec 62 CA 141)
2. Declaration of President that reclaimed land is not
necessary for public service and open to disposition or by
passage of a law authorizing the sale (Chavez vs NHA)
3. Proclamation by the President, upon recommendation of
the DENR, classifying the lands as alienable or disposable
lands of the public domain (Sec 6 & & CA 141)
4. Issuance of Sales Patent (Sec 61 CA 141)
 Who can purchase reclaimed lands?
In the case of Chavez vs PEA Amari, the entity authorized
to acquire reclaimed lands in the Philippines is only a
natural person and not a private corporation. Under
the 1987 Constitution, private corporations could hold
alienable lands of the public domain only through
lease. Private corporations became absolutely barred
from acquiring any kind of alienable land of the public
domain.
SECTION 3 ART XII 1987 CONSTITUTION. Lands of the public domain
are classified into agricultural, forest or timber, mineral lands, and
national parks. x x x x x x. Private corporations or associations may
not hold such alienable lands of the public domain except by lease,
xxx
 Registration of Patents
Sec 103 PD 1529 Whenever public land is by
government alienated, granted or conveyed to any
person, the same shall be brought forthwith under the
operation of this Decree. x x x The patent or
instrument of conveyance from the Government to the
grantee shall not take effect as a conveyance or bind
the land but shall operate only as a contract between
them and as evidence of authority to the Register of
Deeds to make registration. After due registration and
issuance of the certificate of title, such land shall be
deemed to be registered to all intents and purposes.
 Limitations on land acquired under the
Public Land Act
1. No land to be granted when such grant will affect
injuriously the use of adjoining land or of waters, rivers,
roads
2. Minerals excluded from the grant (Sec 110 CA 141)
3. Grants of land subject to public servitudes
4. Lands subject to right of way, not more than 20 meters in
width, for public highways, railroads, irrigations, ditches,
etc.
5. Reservation of right to regulate use of waters
6. Reservation for power purposes of flow of waters
7. Prohibition against conveyance, alienation or encumbrance
except to qualified persons (Sec 118 CA 141)
 Registration under PD 1529
PD 1529 has for its purpose, not to create or vest title,
but to confirm and register title already created and
vested. It 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. Our land
registration laws do not give the holder any better title
than what he actually has. ( Macababbad vs Masirag
January 2009)
The burden of proof in land registration cases rests on the
applicant who must show clear, positive and convincing
evidence that his alleged possession and occupation
were of the nature and duration required by law.
(Republic vs Enciso November 2005)
 In rem proceedings
Judicial proceedings for the registration of land
in the Phils shall be in rem and shall be based
on the generally accepted principle underlying
the Torrens system.
In Acosta vs Salazar June 2009 Such a
proceeding in rem, dealing with a tangible res,
may be instituted and carried to judgment
without personal service upon claimants
within the state or notice by mail to those
outside of it.
IN REM referring to a lawsuit or other legal action directed
toward property, rather than toward a particular person. Thus,
if title to property is the issue, the action is "in rem." "In rem"
is different from "in personam," which is directed toward a
particular person.

In Benin vs De la Paz June 1974 The registration

proceedings, as proceedings in rem, operate as against
the whole world and the decree issued therein is
conclusive adjudication of the ownership of the lands
registered, not only against those parties who appeared
in such proceedings but also against those who were
summoned but did not appear.
 Jurisdiction, defined.

It is defined as the power to hear and decide cases. (Herrera

vs Barreto & Joaquin) It is also the power with which courts
are invested with the power of administering justice. In
order for the court to have authority to dispose of a case on
the merits, it must acquire jurisdiction over the subject
matter and the parties. (Republic Planters Bank vs Molina)
 Which court has jurisdiction over land
registration cases?
1. The Courts of First Instance (now the RTC) shall have
exclusive jurisdiction over all applications for original
registration of title to lands with power to hear and
determine all questions arising upon such applications or
petitions. (Sec 2 PD 1529 PD 1529 )
2. Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts may hear and determine
cadastral or land registration cases covering lots where
there is no controversy or opposition, or contested lots
where the value of which does not exceed P 100,000.00
(Sec 34 BP 129 )
How is the value of land determined?

1. By affidavit of the claimant

2. By agreement of the respective
claimants, if there are more than one
claimants
3. Tax declaration of real property
(Section 34 Judiciary Reorganization Act)
 Jurisdiction over the res; venue
Jurisdiction over the res is important in a land registration
proceeding as the acquisition therewith is what will
bring a parcel of land into actual custody of law.
Fewkes vs Vasquez it is the publication of the notice of
hearing that is considered one of the essential bases of
the jurisdiction of the court in land registration
proceeding, for the proceeding being in rem, it is only
when there is constructive seizure of the land, effected
by the publication and notice, that jurisdiction over the
res is vested on the court.
The venue for such actions is with the CFI (now RTC) of
the province or city where the land lies.
 Who may file application for registration
over the land (Sec 14 PD 1529)
1. Those who by themselves or through their
predecessors-in-interest have been in open,
continuous, exclusive and notorious possession and
occupation of alienable and disposable lands of the
public domain under a bona fide claim of ownership
since June 12, 1945 or earlier;
2. Those who have acquired ownership of private lands
by prescription
3. Those who have acquired ownership of private or
abandoned river beds by right of accession or accretion
4. Those who have acquired ownership of land in any
other manner provided by law
Can a private corp apply for registration of lands
under Sec 14 PD 1529?
In Republic vs Manna Properties, the SC held that
lands under Sec 48 CA 141 are effectively
segregated from the public domain by virtue of
acquisitive prescription. Open, exclusive and
undisputed possession of alienable public land
for the prescribed period ipso jure converts such
land into private land. Judicial confirmation is
only a formality that merely confirms the earlier
conversion of the land into private land, the
conversion having occurred in law from the
moment the required period of possession
became complete.
Requisites of judicial confirmation of incomplete
or imperfect title under Sec 14(1) PD 1529
1. The property in question is alienable and
disposable land of the public domain
2. The applicants by themselves or through
their predecessors in interest have been in
open, continuous, exclusive and notorious
possession and occupation
3. The possession is under a bona fide claim of
ownership since June 12, 1945 or earlier
Alienable and disposable public land of the public
domain are those classified and declared as not
needed for forest purposes. (Sec 3 Revised
Forestry Code)
In Pelbel Manufacturing vs CA - Possession is open
when it is visible and apparent to a common
observer. Continuous possession consists of
uninterrupted acts of non-permissive possession
of property by the current occupants and their
predecessor. To be notorious, possession must be
so conspicuous that it is generally known and
talked of by the public or at least by the people in
the vicinity of the premises.
 Nature of Possession
In Director of Lands vs IAC SC said that taken together
with the words open, continuous, exclusive and
notorious, the word occupation serves to highlight that
for one to qualify under the law, his possession of the
land must not be mere fiction.
In Republic of the Phils vs Hon Vera a mere casual
cultivation of portions of the land by the claimant does
not constitute possession under claim of ownership.
What will justify registration is the act of actual
possession and occupation and a mere casual
cultivation will not do.
 When should an applicants possession be
reckoned?
In Republic vs Naguit, the SC clarified that Section 14(1) of PD 1529
should be interpreted to include possession before the declaration
of the lands alienability as long as at the time of the application
for registration, the land has already been declared part of the
alienable and disposable agricultural public lands.
A contrary view that lands of the public domain which were not
declared alienable and disposable before June 12, 1945 would not
be susceptible to original registration, no matter the length of the
challenged possession by the occupant renders Section 14(1) of PD
1529 virtually inoperative and even precludes the government
from giving it effect even as it decides to reclassify public
agricultural lands as alienable and disposable.
When should an applicants possession be
reckoned?
What is important in computing the period of
possession is that the land has already been
declared alienable and disposable at the time of
the application for registration. Upon satisfaction
of this requirement, the computation of the
period may include the period of adverse
possession prior to the declaration that the land
is alienable and disposable. (Republic vs. Naguit)
 Are Tax Declarations evidence or proof of
ownership?
While tax declaration is a proof that real
property taxes are paid for, by itself, it is not
sufficient evidence of ownership. (Republic vs
Lagramada) At most, it is only a prima facie
evidence of possession or claim of ownership.
(Republic vs Santua). For no one in his right
mind would be paying taxes for a property that
is not in his actual or at least constructive
possession.
 Prescription on Sec 14(2)
By prescription, one acquires ownership and other
real rights through the lapse of time in the
manner and under the conditions laid down by
law.
Acquisitive prescription is either ordinary or
extraordinary. Ordinary acquisitive prescription
requires possession in good faith and with just
title for ten years. Without good faith and just
title, acquisitive prescription can only be
extraordinary in character which requires
uninterrupted adverse possession for 30 years.
 Elements of ordinary acquisitive prescription

1. Possession of things in good faith

2. With just title
3. For the time fixed by law
4. Possession in concept of an owner, public,
peaceful and uninterrupted
 Good faith; just title
Villanueva vs Branoco Jan 24, 2011
Possession is in good faith when there is reasonable
belief that the person from whom the thing is
received has been the owner thereof and could
thereby transmit his ownership.
There is just title when the adverse claimant comes
into possession of the property through any of
the modes recognized by law for the acquisition
of ownership or other real rights, but the grantor
is neither the owner nor in a position to transmit
the right
 Requirements for extraordinary acquisitive
prescription
1. Uninterrupted adverse possession for 30
years
2. Without need of title or good faith
3. In the concept of an owner
 Coverage of Section 14(2)PD 1529
By its express terms, it applies only to private
lands or patrimonial lands. It does not apply to
alienable and disposable lands of the public
domain under Section 14(1).
 Accretion on Sec 14(3)
Accretion is the process whereby the soil is
deposited along the banks of rivers. The soil
deposit, in order to be considered accretion,
must be
(a) gradual and imperceptible
(b) made through the effects of the current of
the water and
(c) taking place on land adjacent to the river
banks.
 Laws on Ownership of accretion
1. 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. (Art 457
Civil Code)
2. River beds which are abandoned through the natural
change in the course of the waters ipso facto belong
to the owners whose lands are occupied by the new
course in proportion to the area lost. However, the
owners of the lands adjoining the old bed shall have
the right to acquire the same by paying the value
thereof, which value shall not exceed the value of the
area occupied by the new bed. (Art 461 Civil Code)
 Laws on Ownership of accretion
3. Islands which through successive accumulation of
alluvial deposits are formed in non-navigable and
non-floatable rivers belong
a. to the owners of the margins or banks nearest to
each of them, or
b. to the owners of both margins if the island is in
the middle of the river, in which case it shall be
divided longitudinally in halves.
If a single island thus formed be more distant from one
margin than from the other, the owner of the nearer
margin shall be the sole owner thereof. (Art 465 Civil
Code)
 Tiongco vs Director of Lands
Where the land was not formed by the sole
effect of the water current of the river
bordering said land but is also a consequence
of the direct and deliberate intervention of
man, it was deemed a man-made accretion
and as such, part of the public domain.
In Navarro vs IAC, the action of waters formed in
waters bounded by Manila bay belong to the
State because the same are actions on the
sea. Lands added to the shores by accretions
and alluvial deposits caused by the action of
the sea form part of the public domain.
Under Art 464 Civil Code, islands which may be
formed on the seas within the jurisdiction of
the Philippines, on lakes and on navigable or
floatable rivers belong to the State.
 Define River bank.
In Hilario vs City of Manila 19 SCRA 931, a river
bank is part of the river bed. It refers to those
lateral strips of zones of its bed which are washed
by the stream only during high floods as do not
cause inundations or to the point reached by the
river at high tide.
River consists of water, a bed and banks. It is a
compound idea; it cannot exist without all its
parts. Evaporate the water, and you have a dry
hollow. If you could sink the bed, instead of a
river, you would have a fathomless gulf. Remove
the banks and you have a boundless flood.
 Effects of accretion
The effect of accretion is to vest on the riparian
owners the automatic ownership over lands.
In Agustin vs IAC July 15, 1990, the reason for the
rule is because if lands bordering on streams are
exposed to floods and other damages due to the
destructive force of the waters, and if by virtue of
law they are subject to encumbrances and
various kinds of easements, it is only just that
such risks or damages as may prejudice the
owners thereof should in some way be
compensated by the right of accretion.
 Accretions in favor of the State

Art. 462. Whenever a river, changing its course

by natural causes, opens a new bed through a
private estate, this bed shall become of public
dominion.

Art. 464. Islands which may be formed on the

seas within the jurisdiction of the Philippines, on
lakes, and on navigable or floatable rivers
belong to the State.
 Other modes of acquisition Sec 14(4)

1. Donation
2. Succession
3. sale
Donation is an act of liberality whereby a person
disposes gratuitously of a thing or right in
favor of another, who accepts it.
Requisites of valid donation of immovable
1. Donation must be made in a public
document.
2. An acceptance must be made by donee in
the same deed of donation or in a separate
document, during the lifetime of the donor
Succession is a mode of acquisition by virtue of
which the property, rights and obligations to
the extent of the value of the inheritance of a
person are transmitted through his death to
another or others either by his will or by
operation of law. The rights to the succession
are transmitted from the moment of death of
the decedent. (Art 774 Civil Code)
 Testate Estate of Borja vs Tasiana vda de Borja

Three siblings are heirs of De Borja. One heir

sold his share without the consent of the
other two. The Court said that there is no
legal bar for the aforementioned sibling to sell
his share, even if the actual extent of his share
has not yet been determined because the
hereditary share was transmitted from the
moment of death of the decedent.
By the contract of sale, one of the contracting
parties obligates himself to transfer the
ownership and to deliver a determinate thing,
and the other to pay therefor a price certain in
money or its equivalent. (Art 1458 Civil Code)
Elements of sale
1. Subject matter
2. Price certain
3. Terms of payment of the price
 Subject matter of sale of land
In Dichoso vs CA, Erico vs Chagas, and Paterno
vs Salud, the SC said that what really defines a
piece of land is not the area, calculated with
more or less certainty mentioned in the
description, but the boundaries laid down as
enclosing the land and indicating its limits.
 Subject matter of sale of land
In Naranja vs CA, in order for a contract of sale
to be valid, it need not contain a technical
description of the subject property. The failure
of the parties to specify with absolute clarity the
object of a contract by including its technical
description is of no moment. What is important
is that there is, in fact an object which is
determinate or at least determinable.
 Price certain
The price is certain if
1. The parties have fixed or agreed upon a
definite amount
2. It be certain with reference to another thing
certain
3. The determination of the price is left to the
judgment of a specified person
 Delivery, how made.
1. By the execution of a public document
2. By symbolic delivery of the keys to the property
along with the recording of the sale with the
Register of Deeds
3. Tradicion constitutum possessoriumby virtue of
which the vendor remains in actual possession
of the property in some other concept such as a
lessee or tradicion brevi manu, by virtue of
which the possessor changes the character of
his possession, such as from lessee to owner
 STEPS IN CHRONOLOGICAL ORDER FOR THE
REGISTRATION OF TITLE TO LAND UNDER PD 1529
1. Survey of the land
2. Preparation and filing of the application
3. Setting of the date for the hearing of the application by the
court
4. Transmittal by the Clerk of Court to the Land Registration
Authority (LRA) the duplicate of the application and the
date of initial hearing together with all the documents
attached thereto
5. Publication of Notice of the filing of the application and the
date and place of the hearing once in a newspaper of
general circulation and once in the Official Gazette
6. Service of Notice upon contiguous owners, occupants and
those known to have interests in the property by the sheriff
 STEPS IN CHRONOLOGICAL ORDER FOR THE
REGISTRATION OF TITLE TO LAND UNDER PD 1529
7. Filing of the answer to the application by any person whether
named in the notice or not
8.Hearing of the case by the court and the presentation of
evidence
9. Promulgation of the judgment by the court
10. Issuance of an order by the court declaring the judgment
final and instructing the LRA to issue the decree of
registration
11. Entry of the decree of registration in the LRA
12. Sending copy of the decree of registration by the LRA to the
corresponding Registrar of Deeds
13. Transcription of the decree of registration in the registration
book and the issuance of the owners copy of the original
certificate of title
 Section 17 PD 1529
What and where to file. The application for land
registration shall be filed with the Court of First
Instance(RTC) of the province or city where the
land is situated. The applicant shall file together
with the application all original muniments of
titles or copies thereof and a survey plan of the
land approved by the Bureau of Lands.
The clerk of court shall not accept any application
unless it is shown that the applicant has
furnished the Director of Lands with a copy of the
application and all annexes.
 Form of Application; Sec 15 PD 1529

The application for land registration

1. shall be in writing,
2. signed by the applicant or the person duly
authorized in his behalf, and
3. sworn to before any officer authorized to
administer oaths for the province or city
where the application was actually signed.
Contents of the Application; Sec 15 PD 1529

The application shall

1. contain a description of the land and
2. state the citizenship and civil status of the applicant,
whether single or married, and, if married, the name
of the wife or husband, and, if the marriage has been
legally dissolved, when and how the marriage relation
terminated.
3. also state the full names and addresses of all
occupants of the land and those of the adjoining
owners, if known, and, if not known, it shall state the
extent of the search made to find them.
 Notice of Application

The public shall be given notice of initial hearing

of the application for land registration by
means of
1. Publication
2. Mailing
3. Posting
The Land Registration Authority is responsible
for the compliance with the notice
requirements of PD 1529.
 Publication
The LRA shall cause notice of initial hearing to
be published once in the Official Gazette and
once in a newspaper of general circulation in
the Philippines, provided however, that the
publication in the O.G. shall be sufficient to
confer jurisdiction upon the court.
 Mailing
The LRA shall, within seven days after publication of notice in
the O.G., cause a copy of the notice of initial hearing to be
mailed to every person named in the notice whose address
is known.
Other Persons/Offices to be notified by mail
1. Dept of Public Works and Highways
2. Provincial governor and city/municipal mayor
3. Dept of Agrarian Reform
4. Office of the Solicitor General
5. Lands Management Bureau
6. Bureau of Forestry
7. Director of Mines
8. Director of Fisheries and Aquatic Resources
 Posting
The LRA shall cause a duly attested copy of the
notice of initial hearing to be posted by the
sheriff of the province or city or by his deputy, in
a conspicuous place on the bulletin board of the
municipal building of the municipality or city
where the land lies, at least fourteen days before
the date of initial hearing.
It is the right of any person claiming an interest,
whether named in the notice or not, to 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.
 Opposition
The oppositor shall
1. state all the objections
2. set forth the interest claimed and
3. apply for the remedy desired
4. swear by himself or someone on his behalf
the opposition.
 Trial & Judgment
Trial may be conducted either by the court or
through a commissioner.
All conflicting claims of ownership and interest
in the subject land shall be determined by the
court. If the court finds that the applicant or
oppositor has sufficient title proper for
registration, judgment shall be rendered
confirming the title of the applicant or the
oppositor, to the land or portions thereof.
 Finality of Judgment
The judgment rendered in a land registration
proceedings becomes final upon the expiration of
thirty days to be counted from the date of receipt of
notice of the judgment. An appeal may be taken from
the judgment of the court as in ordinary civil cases.
After judgment has become final and executory, it
shall devolve upon the court to forthwith issue an
order to the Commissioner (LRA) for the issuance of
the decree of registration and the corresponding
certificate of title in favor of the person adjudged
entitled to registration.
 Certificate of Finality
After the judgment directing the registration of
title to land has become final, the clerk of
court shall send certified copies of judgment
and of the order of the court directing the LRA
to issue the decree of registration and
certificate of title, and certificate stating that
the decision has not been amended,
reconsidered, nor appealed and has become
final.
 Issuance and Entry of Decree
The LRA shall cause to be prepared the decree of
registration as well as the original and duplicate
of the corresponding original certificate of title.
The OCT shall be a true copy of the decree of
registration. The original and duplicate copies of
the OCT shall be sent to the Register of Deeds
(ROD) of the city or province where the land lies
for entry in the registration book.
The ROD shall send notice by mail to the registered
owner and shall be delivered to him upon
payment of legal fees.
Lapse of one year from issuance of decree
Before the expiration of one year, the decree of registration may
be reopened only by reason of actual fraud.

The decree shall not be reopened or revised by reason of

absence, minority, or other disability of any person adversely
affected thereby, or where an innocent purchaser for value has
acquired the land or an interest therein, whose rights may be
prejudiced.

After one year from issuance of decree, the decree and the
certificate of title issued shall become incontrovertible. Any
person aggrieved by such decree of registration in any case may
pursue his remedy by action for damages against the applicant or
any other persons responsible for the fraud.
 Cadastral Registration Proceeding

Under Sec 35(a) PD 1529, when in the opinion of

the Pres of the Phils., public interest so requires
that title to any unregistered lands be settled and
adjudicated, he may to this end direct and order
the Director of Lands to cause to be made a
cadastral survey of the lands involved and the
plans and technical descriptions thereof prepared
in due form.
Cadastral proceedings are in rem; like ordinary
registration proceedings.
Notice requirements in Cadastral Proceeding

1. Notice shall be given to all persons claiming any

interest in the lands as well as the general public
2. The notice shall state the day on which the survey
shall begin and shall contain the description of the
lands to be surveyed.
3. The notice shall be published once in the O.G.
4. The notice shall be posted in a conspicuous place on
the bulletin board of the municipal bldg of the
municipality where the land lies.
5. A copy of the notice shall be sent to the
municipal/city mayor, the barangay captain,
Sangguniang Panlalawigan and Sangguniang Bayan
 Content and Form of Answer
in Cadastral Proceeding
1. An answer shall be filed by any claimant in the cadastral
proceeding whether named in the notice or not.
2. It shall be signed and sworn to by the claimant or
someone in his behalf
3. it shall state the age, civil status, nationality and postal
address of claimant, and if married, the name of spouse,
4. State the cadastral lot/s being claimed and its location
5. Names and addresses of the adjoining lot owners
6. The length of time that claimant has been in possession
and the manner of its acquisition
7. The assessed value of the lot
8. Encumbrance, if any, affecting the lot and its adverse
claimants
 Effect of filing an answer
The filing of an answer or claim with the
cadastral court is equivalent to an application
of title to real property.
 Effect of Cadastral Proceeding
An Orig Cert of Title resulting from a cadastral
registration proceeding is impresciptible like
an OCT under ordinary registration
proceedings.
A parcel of land subject of cadastral proceeding
which has not been adjudicated in favor of
respondent or claimant may still be presumed
to be land of the public domain. (Tabia vs CA)
 Distinguish ordinary registration and
cadastral registration proceedings
ORDINARY REGISTRATION CADASTRAL REGISTRATION
1. registration is voluntary. 1. registration is compulsory.
2. the owner or his legal 2. the Director of Lands is the
representative is the petitioner/applicant
petitioner/applicant 3. all classes of lands are
3. the application usually included in the proceedings,
refers to private lands. private lands, public
4. the person who files the agricultural lands and lands of
application is the public ownership
applicant and the person 4. the owners of land must
who objects is the come to court as claimants of
oppositor. their lands.
 Distinguish ordinary registration and cadastral
registration proceedings
5. the applicant asks the 5. the government asks the
court to confirm his title court to settle and adjudicate
and order the registration the title to the land described
of the land in his name. in the petition.

6. the land is surveyed at the 6. the land is surveyed at the

request of the applicant.
7. if the applicant fails to
prove his title to the land,
his application may be
dismissed without
prejudice.
initiative of the government
for public interest.
7. if no claimant proves his
title to the land, the same is
declared public land.
Comprehensive Agrarian Reform Law (RA 6657)
Section 2 RA 6657 - The agrarian reform is founded on the
right of farmers and regular farm workers, who are
landless, to own directly or collectively the lands they till,
or in the case of other farm workers, to receive a share of
the fruits thereof. To this end, the State shall encourage the
just distribution of all agricultural lands, subject to the
priorities and retention limits, having taken into account
ecological, developmental and equity considerations, and
subject to the payment of just compensation. The State
shall respect the right of small landowners and shall
provide incentives for voluntary land-sharing.
 Association of Small Landowners vs DAR Secretary
Justice Cruz In ancient mythology, Antaeus was a terrible giant who blocked and challenged
Hercules for his life on his way to Mycenae after performing his eleventh labor. The two wrestled
mightily and Hercules flung his adversary to the ground thinking him dead, but Antaeus rose even
stronger to resume their struggle. This happened several times to Hercules' increasing
amazement. Finally, as they continued grappling, it dawned on Hercules that Antaeus was the son
of Gaea and could never die as long as any part of his body was touching his Mother Earth. Thus
forewarned, Hercules then held Antaeus up in the air, beyond the reach of the sustaining soil, and
crushed him to death. Mother Earth. The sustaining soil. The giver of life, without whose
invigorating touch even the powerful Antaeus weakened and died.

The SC said, the CARL is a revolutionary kind of expropriation. This kind of

expropriation affects all private agricultural lands whenever found and of whatever
kind as long as they are in excess of the maximum retention limits allowed their
owners. It is intended for the benefit not only of a particular community or of a
small segment of the population but of the entire Filipino nation, from all levels of
society, from the impoverished farmer to the land-glutted owner. Its purpose does
not cover only the whole country but goes beyond in time to the foreseeable
future, which it hopes to secure and edify with the vision and sacrifice of the
present generation of Filipinos. Generations yet to come are as involved in this
program as we are today, although hopefully only as beneficiaries of a richer and
more fulfilling life we will guarantee to them tomorrow through our
thoughtfulness today.
 Lands covered (sec 4 RA 6657)
1. All alienable and disposable lands of the public
domain devoted to or suitable for agriculture
2. All lands of the public domain in excess of the
retention limits
3. All other lands owned by the government
devoted to or suitable for agriculture
4. All private lands devoted to or suitable for
agriculture regardless of the agricultural
products raised or that can be raised thereon
 Lands exempted (Sec 10 RA 6657)
1. Lands used for parks, wildlife, forest reserves,
reforestation, fish sanctuaries and breeding
grounds, watersheds and mangroves
2. Private land used for prawn farms and
fishponds
3. Lands found to be necessary for national
defense, school sites and campuses
4. Lands with eighteen percent (18%) slope and
over, except those already developed
 Rules on Retention limits
1. The retention by the landowner is not allowed to exceed
five hectares. However, three hectares may be awarded to
each child of the landowner subject to the following
qualifications: a) at least 15 years of age and b) actually
tilling the land or directly managing the farm.
2. Landowners whose lands have been covered by PD 27
shall be allowed to keep the area originally retained by
them.
3. Original homestead grantees or direct compulsory heirs
who still own the original homestead at the time of
approval of RA 6657 shall retain the same areas as long as
they continue to cultivate said homestead.
 Right of choice of area to be retained
The right to choose the area to be retained,
which shall be compact and contiguous, shall
pertain to the landowners:
Provided however, that in case the area selected
for retention by the landowner is tenanted,
the tenant shall have the option to choose
whether to remain therein or be a beneficiary
in the same or another agricultural land with
similar or comparable features.
 Exception to retention limits
Local government units acquiring private
agricultural lands by expropriation or other
modes of acquisition to be used for actual, direct
and exclusive public purposes, such as roads and
bridges, public markets, school sites,
resettlement sites, local govt facilities, public
parks and barangay plazas/squares consistent
with the approved local comprehensive land use
plan, shall not be subject to the five hectare
retention limit, provided that the agrarian reform
beneficiaries shall be paid just compensation.
 Modes of payment
1. Cash
2. Shares of stock in GOCCs, LBP preferred
shares
3. Tax credits which may be used against any tax
liability
4. LBP bonds
 Beneficiaries in the order of priority
1. Agricultural lessees and share tenants
2. Regular farm workers
3. Seasonal farm workers
4. Other farm workers
5. Actual tillers or occupants of public lands
6. Collective or cooperatives of the above beneficiaries
7. Others directly working on the land
A beneficiary shall be awarded an area not exceeding
three hectares which may cover a contiguous tract of
land or several parcels of land cumulated up to the
prescribed award limits
Share Tenancy &Leasehold Tenancy, defined
Share Tenancy exists whenever two persons agree on a joint
undertaking for agricultural production wherein one party
furnished the land and the other his labor, with either or
both contributing any one or several of the items of
production, the tenant cultivating the land personally with
aid available from members of his/her immediate farm
household, and the produce thereof to be divided between
the landholder and the tenant.

Leasehold Tenancy exists when a person who, either

personally or with the aid of labor available from members
of his/ her immediate farm household undertakes to
cultivate a piece of agricultural land belonging to or legally
possessed by, another in consideration of a fixed amount in
money or in produce or in both.
 Restrictions and conditions of award
1. Lands awarded to beneficiaries shall be paid by the beneficiaries
to the LBP in thirty annual amortizations at six percent per
annum
2. The LBP shall have a lien by way of mortgage on the land
awarded to the beneficiary
3. The mortgage may be foreclosed by the LBP for non-payment of
an aggregate of three annual amortizations.
4. Lands acquired under RA 6657 (CARL) may not be sold,
transferred or conveyed except through hereditary succession or
to the government or to the LBP or to other qualified
beneficiaries for a period of ten years
5. If the land has not been fully paid by the beneficiary, the land
may be transferred or conveyed, with prior DAR approval, to any
heir of the beneficiary who shall cultivate the land himself,
otherwise, the land shall be transferred to the LBP.
 When is reckoning time to determine just
compensation?

As a general rule, as in all eminent domain

cases, the taking of land should be the
reckoning point to determine the amount of
compensation that is due to a party.
PRESIDENTIAL DECREE No. 957 - known as The
Subdivision And Condominium Buyers'
Protective Decree is an Act regulating the sale
of subdivision lots and condominiums,
providing penalties for violations thereof
 DEFINITION OF TERMS
1. Subdivision Project means a tract or a parcel of land
registered under Act No. 496 which is partitioned
primarily for residential purposes into individual lots
with or without improvements thereon, and offered
to the public for sale, in cash or in installment terms.
It shall include all residential, commercial, industrial
and recreational areas as well as open spaces and
other community and public areas in the project.
2. Subdivision Lot means any of the lots, whether
residential, commercial, industrial, or recreational, in
a subdivision project.
 DEFINITION OF TERMS
3. Condominium Project means the entire parcel of real
property divided or to be divided primarily for residential
purposes into condominium units, including all structures
thereon.
4. Condominium Unit means a part of the condominium
project intended for any type of independent use or
ownership, including one or more rooms or spaces located
in one or more floors (or part of parts of floors) in a
building or buildings and such accessories as may be
appended thereto.
5. Developer means the person who develops or improves the
subdivision project or condominium project for and in
behalf of the owner thereof.
 BATAS PAMBANSA 220
An Act authorizing the Ministry of Human Settlements
(now HLURB) to establish and promulgate different
levels of standards and technical requirements for
economic and socialized housing projects in urban and
rural areas from those provided under Presidential
Decrees 957, 1216, 1096 and 1185

PD 957 Subdivision & Condominium Buyers Protective Decree

PD 1216 Defining Open spaces in Residential Subdivision
PD 1096 National Building Code
PD 1185 Fire Code of the Phils.
 Registration of Projects (section 4 PD 957)

The registered owner of a parcel of land who wishes

to convert the same into a subdivision project
shall submit his subdivision plan to the HLURB
which shall act upon and approve the same, upon
a finding that the plan complies with the
Subdivision Standards and Regulations
enforceable at the time the plan is submitted.
A certificate of registration is issued to the owner
who registers the subdivision project with the
HLURB.
 LICENSE TO SELL (section 5 PD 957)
& PERFORMANCE BOND(Section 6 PD 957)
Such owner or dealer to whom has been issued a registration
certificate shall not, however, be authorized to sell any
subdivision lot or condominium unit in the registered
project unless he shall have first obtained a license to sell
the project within two weeks from the registration of such
project.

No license to sell subdivision lots or condominium units shall

be issued unless the owner or dealer shall have filed an
adequate performance bond to guarantee the construction
and maintenance of the roads, gutters, drainage, sewerage,
water system, lighting systems, and full development of the
subdivision project or the condominium project and the
compliance by the owner or dealer with the applicable laws
and rules and regulations.
 Purpose of performance bond
1. to guarantee the construction and
maintenance of the roads, gutters,
drainage, sewerage, water system, lighting
systems, and the full development of the
subdivision project or the condominium
project and
2. To guarantee the compliance by the owner
or dealer with the applicable laws and rules
and regulations.
EXEMPT TRANSACTIONS (Section 7 PD 957)

A license to sell and performance bond shall not be

required in the following transactions:
1. Sale of a subdivision lot resulting from the
partition of land among co-owners and co-heirs.
2. Sale or transfer of a subdivision lot by the original
purchaser thereof and any subsequent sale of the
same lot.
3. Sale of a subdivision lot or a condominium unit
by or for the account of a mortgagee in the
ordinary course of business when necessary to
liquidate a bona fide debt.
 Grounds for Revocation of Registration Certificate
and License to Sell(Section 9 PD 957)
1. insolvency failure/inability to pay just debts when due and demanded
of him
2. violations of PD 957, rules or regulations of the HLURB or any
undertaking of performance bond
3. engagement in fraudulent transactions Fraud is a false representation
wilfully made by a party to contract in order to mislead the other party
and inducing him to enter into the contract.
4. misrepresentation in any prospectus, brochure, circular or other
literature about the subdivision project or condominium project that
has been distributed to prospective buyers Misrepresentation is a
representation of a material fact made by a party to contract who
believes it to be true, the other party relied on the statement, entered
into the contract and acted upon it which later on turned out to be
incorrect.
5. owner or developer has bad business repute
6. exercise of unsound business practice or principles
 TIME OF COMPLETION(Section 20 PD 957)

Every owner or developer shall construct and

provide the facilities, improvements,
infrastructures and other forms of development,
including water supply and lighting facilities,
which are offered and indicated in the approved
subdivision or condominium plans, brochures,
prospectus, printed matters, letters or in any
form of advertisement, within one year from the
date of the issuance of the license for the
subdivision or condominium project or such
other period of time as may be fixed by the
Authority.
 ALTERATION OF PLANS(Section 22 PD 957)

No owner or developer shall change or alter the

roads, open spaces, infrastructures, facilities for
public use and/or other form of subdivision
development as contained in the approved
subdivision plan and/or represented in its
advertisements, without the permission of the
Authority and the written conformity or consent
of the duly organized homeowners association,
or in the absence of the latter, by the majority of
the lot buyers in the subdivision.
Right of Way to Public Road (Sec. 29 PD 957)

The owner or developer of a subdivision without

access to any existing public road or street
must secure a right of way to a public road or
street and such right of way must be
developed and maintained according to the
requirement of the government and
authorities concerned.
 DONATIONS OF ROADS AND OPEN SPACES
TO LOCAL GOVERNMENT(Sec 31 PD 957)
The registered owner or developer of the
subdivision or condominium project, upon
completion of the development of said project
may, at his option, convey by way of donation the
roads and open spaces found within the project
to the city or municipality wherein the project is
located. Upon acceptance of the donation by the
city or municipality concerned, no portion of the
area donated shall thereafter be converted to any
other purpose or purposes unless after hearing,
the proposed conversion is approved by the
Authority.
 The Torrens Certificate of Title
Sec 45 PD 1529 every certificate of title shall
set forth the full names of all persons whose
interests make up the full ownership in the
whole land, including their civil status and the
names of their spouses, if married, as well as
their citizenship, residence and postal address.
If the property covered belongs to the
conjugal partnership, it shall be issued in the
names of both spouses.
 Purpose of the Torrens title
The Torrens system was designed to protect the
owners of the land. In Legarda vs Saleeby 31
Phil 390, the real purpose of the Torrens
system is to quiet title to land and to stop
forever any question as to its legality. Once a
title is registered, the owner may rest secure
without the necessity of waiting in the portals
of the court, or sitting in the mirador de su
casa to avoid the possibility of losing his land.
 ownership is different from
a Certificate of title
In Sps. Alde vs. Bernal, et-al, By title, the law refers to ownership
which is represented by that document [the OCT or TCT]. Placing a
parcel of land under the mantle of the Torrens system does not
mean that ownership thereof can no longer be
disputed. Ownership is different from a certificate of title. The
certificate of title is only the best proof of ownership of a piece of
land. Besides, the certificate cannot always be considered as
conclusive evidence of ownership. Mere issuance of the certificate
of title in the name of any person does not foreclose the possibility
that the real property may be under co-ownership with persons not
named in the certificate or that the registrant may only be a trustee
or that other parties may have acquired interest subsequent to the
issuance of the certificate of title. To repeat, registration is not the
equivalent of title, but is only the best evidence thereof. Title as a
concept of ownership should not be confused with the certificate of
title as evidence of such ownership although both are
interchangeable.
 LAND TITLES GRANTED UNDER THE
SPANISH CROWN
Before the Torrens title was introduced, the
Spanish title was first made part of land
registration laws. When the Philippines passed
to the Spanish crown by discovery and
conquest, our lands became the exclusive
patrimony and dominion of the Spanish
crown. Hence, private ownership in land can
only be founded on royal concessions. Royal
concessions may be accomplished in varied
forms.
 Kinds of Spanish Titles
1. Titulo Real or Royal Grant title granted generally to Spanish
subjects in order to encourage them to settle and go out to the
people of the new territory
2. Concesion Especial or Special Grant a form of title acquired
through the exercise of a special power of the Governor General of
the Philippines without any authority of a special law.
3. Composicion con el Estado or Adjustment Title title was that
granted by the Spanish government through the Direccion General
de Administracion Civil pursuant to Royal Decree of June 25, 1880;
that granted by the Chief of Province by delegation pursuant to
Royal Decree of August 31, 1888; and that granted under Royal
Decree of February 13, 1894.
4. Titulo de Compra or Title by Purchase title acquired in accordance
with the regulations for the sale of public lands under Royal Decree
of January 26, 1889
5. Informacion Posesoria or Possessory Information Title title
acquired under Royal Decree of February 13, 1894
 Curtain Principle
In Alfonso vs Domingo the general rule is that a person
dealing with registered land is not required to go behind
the register to determine the condition of the property.
One does not need to go behind the certificate of title
because it contains all the information about the title of
its holder. The principle dispenses with the need of proving
ownership by long complicated documents kept by the
registered owner. The objective of the Torrens system is to
obviate possible conflicts of title by giving the public the
right to rely upon the face of the Torrens certificate of title
and, as a rule, to dispense with the necessity of inquiring
further; on the part of the registered owner, the system
gives him complete peace of mind that he would be
secured in his ownership as long as he has not voluntarily
disposed of any right over the covered land
 Protections to Torrens title to land
1. Impresciptibility (Sec 47 PD 1529)
2. Not subject to collateral attack (Sec 48 PD
1529)
3. Constructive notice ( Sec 52 PD 1529 )
 Imprescriptibility of title
Under Sec 47 PD 1529, no title to registered land in
derogation of the title of the registered owner
shall be acquired by prescription or adverse
possession.
In Tuason vs Bolaos, adverse, notorious and
continuous possession under a claim of
ownership for the period fixed by law is
ineffective against a Torrens title. The right to
recover possession of registered land is
imprescriptible because possession is a mere
consequence of ownership.
 Exception to imprescriptibility
Although title to registered land shall not be acquired by
prescription or adverse possession, it yields to the
equitable principle of laches.
Laches is the failure or neglect, for an unreasonable and
unexplained length of time, to do that which by
exercising due diligence could or should have been
done earlier, it is negligence or omission to assert a
right within a reasonable time, warranting a
presumption that the party entitled to assert it either
has abandoned it or declined to assert it. ( Eduarte vs
CA July 22, 1999 )
Laches means you are out of time.
 Alejandro Trinidad & Aniceta
Soriano own 5,900 sq.m. land

inherited

Marciana Trinidad
Sale on Sale on
May 3, 1928 Feb 19, 1947

Pedro & Justina Bergado Parents Teachers Assoc.

inherited Donated on
July 26, 1977

Petitioners Bergado filed Republic of the Philippines

a complaint in 1981
 Bergado vs CA, Rep of Phils
The property subject of this case is claimed by both the
petitioners(Bergado) and the Rep of the Phils under two separate
deeds of sale executed by the same vendor. Disputed are some 5,900
sq.m. of land covered by OCT No. 16545 in the name of Alejandro
Trinidad and Aniceta Soriano.

It was inherited by Marciana Trinidad, their sole heir. She transferred it

by sale dated May 3, 1928, to Pedro Bergado and Justina Galinato, the
petitioners' parents. She (Marciana) then conveyed it again, this time
through a Deed of Sale dated February 19, 1947, to the Parent-Teacher
Association of the Urdaneta Community High School.

The petitioners claim the property by right of inheritance from their

parents. The Republic says the land was donated to it on July 26, 1977,
by the said PTA.
 Bergado vs CA, Rep of Phils
The record shows that the disputed property had been in the possession of
the respondent (Rep of Phils) since it acquired the same by virtue of a deed of
sale. During all the time, the respondent enclosed the land with a barbed
wire fence and later with an adobe wall erected around it, as well as
constructed various infrastructures on the land such as a building and water
reservoir. It was held that petitioners (Bergado) could not have ignored these
improvements and yet they did not protest. The petitioners tolerant silence
for 34 years (1947-1981) constituted laches.

The construction of various infrastructures on the land (right wing of the main
building, the administration building, the annex thereof, the reading center,
and the water reservoir) was also an unmistakable act of ownership which
the petitioners could not ignore. Not one of them protested. In fact, the
petitioners maintained their tolerant silence for thirty-four years, breaking it
only in 1981, when they filed their complaint to nullify the private
respondent's title to the disputed land. Significantly, one of their brothers,
Fernando Bergado, was the treasurer of the PTA who released the funds for
most of the aforementioned constructions.
 Not subject to collateral attack
Under Sec 48 PD 1529, a certificate of title shall
not be subject to collateral attack.
In Lacbayan vs Samoy March 21, 2011, what
cannot be collaterally attacked is the
certificate of title and not the title itself. The
certificate referred to is that document issued
by the ROD known as the TCT. In contrast, the
title referred to by law means ownership,
which is, represented by that document.
 Direct attack & collateral attack,
distinguished
In Berboso vs CA, as a rule, a Torrens title is conclusive and
indefeasible. Sec 48 PD 1529 provides that a certificate of
title shall not be subject to collateral attack and cannot be
altered, modified or cancelled except in a direct
proceeding. An action is an attack on the title when its
object is to nullify the title, and thus challenge the
judgment pursuant to which the title was decreed.
The attack is direct when the object of the action/proceeding
is to annul or set aside such judgment or enjoin its
enforcement.
The attack is indirect or collateral when, in an action to obtain
a different relief, an attack on the judgment is made as an
incident thereof.
A direct attack on a judgment or decree is an attempt,
for sufficient cause, to have it annulled, reversed,
vacated, corrected, declared void, or enjoined, in a
proceeding instituted for that specific purpose,

A collateral attack, which is an attempt to impeach the

validity or binding force of the judgment or decree as a
side issue or in a proceeding instituted for some other
purpose.
 Constructive Notice
Sec 52 PD 1529 Every conveyance, mortgage,
lease, lien, attachment, order, judgment,
instrument or entry affecting registered land
shall, if registered, filed or entered in the
office of the Register of Deeds for the
province or city where the land lies, be
constructive notice to all persons from the
time of such registering, filing or entering.
 Constructive notice, defined.
Constructive notice is a legal fiction used in both
common law and civil law systems to signify that
a person or entity is legally presumed to have
knowledge of something, even if they have no
actual knowledge of it.
For example, one benefit of registering a trademark
is that the registration gives nationwide
constructive notice that the trademark is owned
by the registrant. If another entity uses the mark,
they will be treated as though they knew their
use of it was a trademark infringement, even if
they had no actual knowledge of the registration,
or the registrars use of the mark.
 Macadangdang vs Martinez Jan 2005
Between two transactions concerning the same
parcel of land, the registered transaction
prevails over the unregistered right. The act of
registration operates to convey and affect the
registered land so that a bona fide purchaser
of such land acquires good title as against a
prior transferee, if such prior transfer was
unrecorded. It is clear that the registration of
the deed is the effectual act which binds the
land insofar as third persons are concerned.
 Exception to constructive notice
The rule of prior registration is subject to only
one exception, i.e., when a party has
knowledge of a prior existing interest which is
unregistered at the time he acquires a right to
the same land, his knowledge of that prior
unregistered interest has the effect of
registration as to him. ( Gustillo vs Maravilla )
 Civil Code provisions on Double Sale
Art 1544 Civil Code If the same thing should have been
sold to different vendees, the ownership shall be
transferred to the person who may have first taken
possession thereof in good faith, if it should be
movable property.
Should it be immovable property, the ownership shall
belong to the person acquiring it who in good faith first
recorded it in the Registry of Property.
Should there be no inscription, the ownership shall
pertain to the person who in good faith was first in the
possession; and in the absence thereof, to the person
who presents the oldest title, provided there is good
faith.
 Rules of Preference on
double sale of immovable
1. Where there are two or more purchasers
over the property, it shall belong to the
person, who in good faith, first recorded it in
the registry
2. Should there be no entry, it shall belong to
the person who first took possession
3. In the absence of possession, the person who
presents the oldest title, provided there is
good faith
 Purchaser in good faith, defined.
Is one who buys property of another, without
notice that some other person has 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 persons in the
property. ( Agricultural Home Dev Corp vs CA )
 Why good faith is required?
In Uraca vs CA jurisprudence teaches the principle of
primus tempore, potior jure (first in time stronger in
right). Knowledge gained by the first buyer of the
second sale cannot defeat the 1st buyers rights except
where the 2nd buyer registers in good faith the 2nd sale
ahead of the 1st as provide by law.
The knowledge of the 1st buyer is not a bar to register the
first purchase as against the 2nd buyer.
In converse, knowledge gained by the 2nd buyer of the 1st
sale defeats his rights even if he is first to register the
2nd sale, since such knowledge taints his prior
registration with bad faith.
 Curtain Principle, general rule and exception
the general rule is that a person dealing with registered land is
not required to go behind the register to determine the
condition of the property. One does not need to go behind
the certificate of title because it contains all the
information about the title of its holder.

Exception The presence of anything which excites or arouses

suspicion should then prompt the vendee to look beyond
the certificate and investigate the title of the vendor
appearing on the face of said certificate. One who falls
within the exception can neither be denominated an
innocent purchaser for value nor a purchaser in good faith,
and hence, does not merit the protection of the law
( Nawaan Community Rural Bank vs CA)
 Required acts of due diligence
to be considered in good faith
1. Verifying the origin, history, authenticity and validity of title in
the ROD and LRA
2. Engaging the services of a competent and reliable geodetic
engineer to verify the boundary, metes and bounds of the lot
based on technical descriptions in the title or approved plan
3. Ocular inspection of the lot
4. Inquiring from the owners and possessors of adjoining lots
with respect to the true and legal ownership of the subject lot
5. Putting up of signs that said lot is being purchased, leased or
encumbered
6. Such other measures to make the general public aware that
said lot will be subject to alienation, lease or encumbrance by
the parties
 Mirror Principle
Through the mirror principle, a forged or fraudulent
document may become the root of a valid title if
the property has already been transferred from
the name of the owner to that of the forger. The
doctrine serves to emphasize that a person who
deals with registered property in good faith will
acquire good title from a forger and be absolutely
protected by a Torrens title. (Villamil vs. Villarosa)
The certificate of title is a mirror which reflects
accurately and completely the current facts that
are material to title.
 Instances of bad faith
1. Knowledge of previous sale of same property
to a third party
2. Knowledge that another person claims said
property under a previous sale
3. Knowledge that the property is in possession
of one who is not the vendor
4. Knowledge of flaws and defects in the
vendors title
5. Knowledge that vendors title is in dispute
 Requirements for applicability of
mirror principle
1. Property is registered in the name of a
person
2. Title to property is stolen by another
3. The person who stole the title makes it
appear that the property was sold to him
4. The property is sold to an innocent purchaser
for value
Who is an innocent purchaser for value?

One who buys property and pays a full and fair

price for it, at the time of the purchase or
before any notice of some other persons
claim on or interest to it
Elements
1. One who buys property and pays a full and
fair price to it
2. Lack of notice of some other persons interest
 Cusi vs Domingo

658sq.m. lot Sy executed Sy petitioned RTC for

Sy forged Deed
T-165606 Lilia Affidavit of loss of reissuance of T-
of Sale
Domingo T-165606 165606

Each was ROD cancelled T-

RTC granted petition
sold to De Vera Sy subdivided the 165606; issued T-
ROD reissued T-
and Cusi for P lot into two; 186142 in Sys
165606
1M each name

market value T-186142 was cancelled; Domingo filed cancellation of T-

of property at issued to De Vera T-189568; 189568 & T-189569; filed action
least P 14M to Cusi T-189569 for reconveyance
 Sps Cusi vs Lilia Domingo, Feb 2013
Facts:
The property in dispute was a vacant unfenced lot situated in Quezon City
and covered by TCT No. N-165606 in the name of respondent Lilia V.
Domingo. It had an area of 658 square meters. In July 1999, Domingo
learned that construction activities were being undertaken on her
property without her consent. She soon unearthed the anomalous
transactions affecting her property.
On July 18, 1997, one Radelia Sy (Sy),representing herself as the owner of
the property, petitioned the RTC for the issuance of a new owners
copy of Domingos TCT No. N-165606, appending to her petition a
deed of absolute sale dated July 14, 1997 purportedly executed in her
favor by Domingo; and an affidavit of loss whereby she claimed that
her bag containing the owners copy of TCT No. N-165606 had been
snatched from her. The RTC granted Sys petition. The ROD of QC then
issued a new owners duplicate copy of TCT No. N-165606, which was
later cancelled by virtue of the deed of absolute sale dated July 14,
1997, and in its stead the Registry of Deeds of Quezon City issued TCT
No. 186142 in Sys name.
 Sps Cusi vs Lilia Domingo, Feb 2013
Sy subsequently subdivided the property into two, and sold
each half by way of contract to sell to Spouses Edgardo and
Ramona Liza De Vera and to Spouses Alfonso and Maria
Angeles Cusi. The existence of the individual contracts to
sell was annotated on Sys TCT No. 186142 stating that the
consideration of the sale was P1,000,000.00 for each set
of buyers, or for a total of P2,000,000.00 for the entire
property that had an actual worth of not less
than P14,000,000.00. TCT No. 186142 was then cancelled
by virtue of the deeds of sale executed between Sy and
Spouses De Vera, and between Sy and Spouses Cusi, to
whom were respectively issued TCT No. 189568 and TCT
No. 189569. All the while, the transactions between Sy and
the De Veras, and between Sy and the Cusis were unknown
to Domingo, whose TCT No. N-165606 remained in her
undisturbed possession.
 Sps Cusi vs Lilia Domingo, Feb 2013
Under the Torrens system of land registration, the
registered owner of realty cannot be deprived of her
property through fraud, unless a transferee acquires
the property as an innocent purchaser for value. A
transferee who acquires the property covered by a
reissued owner's copy of the certificate of title without
taking the ordinary precautions of honest persons in
doing business and examining the records of the
proper Registry of Deeds, or who fails to pay the full
market value of the property is not considered an
innocent purchaser for value.
As purchasers of the property, Sps Cusi and Sps de Vera
are under obligation to purchase the property not only
in good faith but also for value.
 Remedy of the true owner
In PNB vs CA, the proper recourse of the true
owner of the property who was prejudiced
and fraudulently dispossessed of the same is
to bring an action for damages against those
who caused or employed the fraud, and if the
latter are insolvent, an action against the
Treasurer of the Philippines may be filed for
recovery of damages against the Assurance
Fund.
 What is a Lien?
A right given to another by the owner of
property to secure a debt, or one created by
law in favor of certain creditors.
A lien is an encumbrance on one person's
property to secure a debt the property
owner owes to another person.
 Liens on registered lands (sec 44 PD 1529)
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, shall hold the same free from all encumbrances
except those noted in said certificate and any of the following encumbrances
which may be subsisting, namely:
1. Liens, claims or rights arising or existing under the laws and Constitution of the
Philippines which are not by law required to appear of record in the Registry of
Deeds in order to be valid against subsequent purchasers or encumbrances of
record.
2. Unpaid real estate taxes levied and assessed within two years immediately
preceding the acquisition of any right over the land by an innocent purchaser for
value, without prejudice to the right of the government to collect taxes payable
before that period from the delinquent taxpayer alone.
3. Any public highway or private way established or recognized by law, or any
government irrigation canal or lateral thereof, if the certificate of title does not
state that the boundaries of such highway or irrigation canal or lateral thereof
have been determined.
4. Any disposition of the property or limitation on the use thereof by virtue of, or
pursuant to, Presidential Decree No. 27 or any other law or regulations on agrarian
reform.
 Subsequent dealings in registered land

1. VOLUNTARY DEALINGS sale, donation,

lease, mortgage, extrajudicial partition,
power of attorney

2. INVOLUNTARY DEALINGS Lis pendens,

Eminent domain, Descent/devise,
Attachment, Judicial partition, Adverse claim
 ACT OF REGISTRATION IS THE OPERATIVE ACT
Section 51 PD 1529 - An owner of registered land may
convey, mortgage, lease, charge or otherwise deal with the
same in accordance with existing laws. He may use such
forms of deeds, mortgages, leases or other voluntary
instruments as are sufficient in law.
But no deed, mortgage, lease or other voluntary instrument
shall take effect as a conveyance or bind the land, but shall
operate only as a contract between the parties and as
evidence of authority to the ROD to make registration.
The act of registration shall be the operative act to convey or
affect the land insofar as third persons are concerned, and
in all cases the registration shall be made in the office of
ROD
 Duty of Register of Deeds
Sec 57 PD 1529 When an owner desires to convey his
registered land in fee simple, he shall execute and
register a deed of conveyance in a form sufficient in
law. It is the duty of the Register of Deeds to make out
in the registration book a new certificate of title to the
grantee and shall prepare and deliver to him an
owners duplicate certificate.

The duties enjoined upon the ROD by Sec. 57 PD 1529 are

clearly ministerial and mandatory in character, not
only as indicated by the auxiliary shall but by the
nature of functions required to be performed by him.
INVALIDITY OF CONTRACTS IS NOT A VALID
OBJECTION TO REGISTRATION
The supposed invalidity of the contracts of lease
is no valid objection to their registration,
because invalidity is no proof of their non-
existence or a valid excuse for denying their
registration. The law on registration does not
require that only valid instruments shall be
registered. Registration must first be allowed
and the validity litigated afterwards. (Gurbax
Singh vs Tantoco; Samanilla vs Cajucom 107
Phil 432)
 PAYMENT OF TAXES
PREREQUISITE TO REGISTRATION

1. Real property taxes

2. Residence/Community Tax
3. Capital gains, Estate and gift taxes
4. Documentary stamp tax
By the contract of sale one of the contracting parties obligates himself to transfer the ownership and to
deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent.

DEED OF ABSOLUTE SALE

Know all men by these presents:
That I, __________legal age, Filipino and resident of _______, hereinafter called the
Vendors, for and in consideration of the sum of ___________ PESOS (P ) Philippine currency, in hand
to me by ____________of legal age, Filipino and resident of ________, hereinafter called the
Vendees, do hereby sell, transfer, and convey by way of Absolute Sale unto the said Vendee, his/her
heirs and assigns the parcel of land herein below described:
TRANSFER CERTIFICATE OF TITLE NO. _____
(description of the land)
That I hereby warrant unto the Vendee full title and ownership over the above-described
land, free from all liens and encumbrances. That Articles 1621-1623 of the New Civil Code of the
Philippines have been complied with and likewise not covered by CARP Law.
In witness whereof, I have hereunto set my hand this __________________ at _________

Vendor Vendee

Witnesses: ______________________ ________________________

Acknowledgment
Donation is an act of liberality whereby a person disposes
gratuitously of a thing or right in favor of another, who
accepts it.

In the lease of things, one of the parties binds himself to

give to another the enjoyment or use of a thing for a
price certain, and for a period which may be definite or
indefinite. However, no lease for more than ninety-nine
years shall be valid.

REAL ESTATE MORTGAGE is a contract in which the debtor

guarantees to the creditor the fulfilment of a principal
obligation, subjecting for the faithful compliance
therewith, a real property in case of non-fulfilment of
said obligation at the time stipulated.
 REAL ESTATE MORTGAGE
KNOW ALL MEN BY THESE PRESENTS:
That I, ______, (civil status) of legal age, Filipino, and resident of ________hereinafter
known as the MORTGAGOR, for and in consideration of the sum of ____PESOS ( P ___) Philippine
currency, received in the concept of loan from _______, of legal age, Filipinos and residents of
_________, hereinafter known as the MORTGAGEES do hereby mortgage unto said
MORTGAGEES, their heirs and assigns that parcel of land more particularly described as follows:
( TRANSFER CERTIFICATE OF TITLE NO. ___)
of which I am the registered owner as evidenced by Transfer Certificate of Title No. _____ issued
by the Register of Deeds of _____, provided nevertheless,
That if I shall pay or cause to be paid to said MORTGAGEES the aforementioned
amount of _____PESOS ( P ______) within a period of ________from this date, together with
interest thereon at ____percent per month, then this mortgage shall thereby be discharged;
otherwise, it shall remain in full force and be enforceable in the manner provided by law;
That I shall pay the monthly interest of P ____ without need of demand, on the ___th
day of the every month beginning on ______________;
That I shall have the option, at any time before the stipulated period, to pay the
principal obligation secured by this mortgage;
In the event of non-payment of the entire principal and accrued interest due under
the conditions described, the mortgagors expressly and specifically appoint the mortgagee as
attorney-in-fact and agree to the extra-judicial foreclosure of the mortgaged property.
IN WITNESS WHEREOF, I have hereunto set my hand this ______________ at
____________________, Philippines.
With my marital consent: ___________________ Mortgagor
Witnesses: _____________________ _________________________
 Power of attorney
By the contract of agency, a person binds
himself to render some service or to do
something in representation or on behalf of
another, with the consent or authority of the
latter. (1709a)
 (GENERAL/SPECIAL) POWER OF ATTORNEY
Know all men by these presents:
That I, ______, single, of legal age, Filipino and resident of ________, by these presents
hereby make, constitute and appoint __________, of legal age, Filipino and resident of ________, as my
true and lawful attorney-in-fact, to act for me and in my name and stead and to perform the following
acts;

(STATE AUTHORITIES GRANTED)

Principal hereby grant to the said attorney-in-fact full power and authority to do and perform each and
every act and thing which may be necessary or convenient in connection with any of the foregoing as
fully to all intents and purposes as principal might or could do if personally present;
HEREBY RATIFYING AND COFIRMING all that our said attorney-in-fact shall lawfully do or cause to be
done by authority hereof;
In witness whereof, we have hereunto set our hand this _____________at __________

Attorney-in-fact Principal

WITNESSES: _________________________ _____________________

ACKNOWLEDGMENT
INVOLUNTARY DEALINGS These are
transactions affecting registered lands in which
the registered owner has no choice, same being
against his will.
Lis pendens, Eminent domain, Descent/devise,
Attachment, Judicial partition, Adverse claim
LIS PENDENS (pending litigation) It is a legal
process in a suit regarding land which amounts to a
legal notice to all the world that there is a dispute
as to the title of the same.

NOTICE OF LIS PENDENS No action to recover

possession of real estate, or to quiet title thereto,
or to remove clouds upon the title thereof, or for
partition x x x x x , have any effect upon registered
land as against persons other than the parties
thereto, unless a memorandum or notice stating
the institution of such action or proceeding and the
court wherein the same is pending, shall have been
filed and registered. (Section 76 PD 1529)
 PURPOSE OF LIS PENDENS
The notice of lis pendens is an announcement to
the whole world that a particular real property is
in litigation, and serves as a warning that one
who acquires an interest over said property
does so at his own risk or that he gambles on
the result of the litigation over said property. It
is availed of to protect the real rights of the
registrant while the case involving such rights is
pending resolution or decision.
 Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Branch LXVI (66)
Makati City
PANA LO, Plaintiff,
- versus - Civil Case No. xxx-xxx
TALU NAN, Defendant.
x-------------------------------------------x

NOTICE OF LIS PENDENS
THE REGISTER OF DEEDS
Makati City
Please take notice that a parcel of land covered by Transfer Certificate of
Title No. 123456 located in Makati City, registered in the name of defendant, is
the subject matter of an action for reconveyance filed by PANA LO, above-
named plaintiff. Accordingly, please record this notice on the title.
Respectfully submitted.
Makati City, Philippines. (date).
ATTY. Gong De Campanilla
Counsel for Plaintiff
Copy furnished:
ATTY. Dingdong De Kuliling
Counsel for the Defendant
4444 Kampana Street, Pasay City
 FACTS IN THE NOTICE OF LIS PENDENS
1. Statement of the institution of an action or
proceeding
2. Which court the action or proceeding is pending
3.The date of the institution of the action or
proceeding
4. A reference to the number of the certificate of
title
5. An adequate description of the land affected
6. The name of the registered owner
CANCELLATION OF LIS PENDENS (Section 77 PD 1529)
Before final judgment, a notice of lis pendens may be
cancelled upon order of the court, after a showing
1. that the notice is for the purpose of molesting the
adverse party
2. or that it is not necessary to protect the rights of the
party who caused it to be registered.
3. It may also be cancelled by the ROD upon verified
petition of the party who caused registration thereof.

CARRY OVER OF THE LIS PENDENS In case of

subsequent sale or transfer, the Registry of Deeds is duty
bound to carry over the notice of lis pendens on all new
titles to be issued.
ATTACHMENT is a writ*(order) issued by the court
at the institution or during the progress of an action
commanding the sheriff or other public officer to
attach the property rights, credits or effects of the
defendant to satisfy the demands of the plaintiff.
Attachment may be of three kinds:
(a) preliminary attachment
(b) garnishment and
(c) levy on execution.
* - writ of attachment
PRELIMINARY ATTACHMENT is that issued at the institution or
during the progress of an action.

GARNISHMENT is an attachment by means of which plaintiff

seeks to subject to his claim, property of the defendant in the
hands of a third person called the garnishee. Garnishment
proceedings are usually directed to personal property.

LEVY ON EXECUTION (writ of execution) is an attachment

issued after final judgment in satisfaction thereof.

MAY PROPERTY SUBJECT OF ATTACHMENT BE SOLD? An

attached property may be sold. However, the purchaser takes
the property subject to the attachment.
Execution Sale - the sale that is conducted by the sheriff or
other public officer to sell property that has been seized by
him.

EXECUTION SALE Whenever registered land is sold on

execution, or taken or sold for taxes or for any assessment, or
to enforce a lien of any character, or for any costs and
charges incident to such liens, any execution or copy of
execution, and officers return, or any deed, demand,
certificate or affidavit or other instrument made in the course
of proceedings to enforce such liens,
1. shall be filed with the ROD of the place where the land
lies, and
2. registered in the registration book and
3. a memorandum made upon the certificate of title as a lien
or encumbrance.
EXEMPTION FROM EXECUTION From the time of
its constitution and so long as any of its beneficiaries
actually resides therein, the family home is exempt
from execution, forced sale or attachment except
1. for non-payment of taxes
2. for debts incurred prior to constitution of the family
home
3. for debts secured by mortgages on the premises
before or after such constitution
4. for debts due to labourers, mechanics, architects,
builders, materialmen and others who have rendered
service or furnished material for the construction of the
building. (Art 155 FC)
FAMILY HOME , defined - The family home,
constituted jointly by the husband and wife or
by an unmarried head of a family, is the dwelling
house where they and their family reside, and
the land on which it is situated. (Art 152 Family
Code)

FAMILY HOME, when constituted The family

home is deemed constituted on a house and lot
from the time it is occupied as a family
residence. (Art 153 FC)
JUDGMENT OF PARTITION (Sec 81 PD 1529)
1. In proceedings for partition of registered land, after the
entry of the final judgment of partition, a copy of such
final judgment, certified by the clerk of court rendering
the same, shall be filed and registered; thereupon, if the
land is set to the owners in severalty, each owner shall
be entitled to have his certificate entered showing the
share set off to him in severalty, and to receive an
owners duplicate thereof.
2. In case the land is ordered by the court to be assigned
to one of the parties upon payment to the others of the
sum ordered by the court, the party to whom the land is
thus assigned shall be entitled to have a certificate of title
entered in his favour upon presenting a copy of the
judgment.
 Judgment of Partition
Title issued to Title issued to
A, B & C A, B & C

Title to A Title issued

Title to B
to A

Title to C A pays B & C

 ADVERSE CLAIM (Sec 70 PD 1529)
1. Whoever claims any part or interest in registered land adverse to the registered
owner, arising subsequent to the date of the original registration may make a
statement in writing setting forth fully his alleged right or interest, and how or under
whom acquired, a reference to the number of the certificate of title of the registered
owner, the name of the registered owner, and a description of the land in which the
right or interest is claimed.
2. The statement shall be signed and sworn to, and shall state the adverse claimants
residence, and a place at which all notices may be served upon him. The statement
shall be entitled to registration as an adverse claim on the certificate of title.
3. The adverse claim shall be effective for a period of thirty days from the date of
registration. After the lapse of said period, the annotation of adverse claim may be
cancelled upon filing of a verified petition therefor by the party in interest, provided,
however, that after cancellation, no second adverse claim based on the same ground
shall be registered by the same claimant.
4. Before the lapse of the 30 day period, any party in interest may file a petition in
court for the cancellation of the adverse claim and the court shall grant a speedy
hearing and render such judgment as may be just and equitable.
5. Before the lapse of the 30 day period, the claimant may withdraw his adverse claim
by filing with the ROD a sworn petition to that effect.
REPUBLIC OF THE PHILIPPINES)
CITY OF MAKATI ) S.S.
x-------------------------------------x
AFFIDAVIT OF ADVERSE CLAIM
I, Juan de la Cruz of legal age, Filipino, single and a resident of ___________, after having been duly sworn to in
accordance with law, depose and state:
1. That on ______, I have entered into a Deed of Conditional Sale which was acknowledged on the same
date before Notary Public Juan Tamad of Makati City and entered in his Notarial Register as Doc. No. 2, Page 2, Book II,
Series of 2013. A copy of the said Deed is hereto attached as ANNEX A and made an integral part of this Affidavit;
2. That in the said Deed of Conditional Sale, I was the VENDEE of a certain parcel of land covered by
Transfer Certificate of Title No. 111222, more particularly described as follows:

(Technical Description of Property)

R
3. That because I still have a balance on the purchase price in the amount of P500,000.00 which
is payable within one (1) (year) from the date of signing thereof, it was stipulated in the aforementioned Deed that title
and ownership over the subject property will only be transferred upon full payment of the same;
4. That the VENDOR in the said Deed of Conditional Sale agreed that upon its execution, said Deed shall
be annotated in the Title with the Office of the Register of Deeds of Makati City;
5. However, since the said Deed of Conditional Sale per se could not be annotated on the Title with
the Office of the Register of Deeds, I am therefore executing this Affidavit for the purpose of attesting to the
truthfulness of the foregoing allegations and in support of my request for the annotation of an adverse claim over
the parcel of land covered by the Transfer Certificate of Title No. 111222.

IN WITNESS WHEREOF, I have hereunto set my hand on this __day of _____ in _____.

JUAN DE LA CRUZ
AFFIANT

J U R A T
Affidavit of Adverse claim, form & contents.
1. statement shall be signed and sworn to by adverse
claimant
2. State adverse claimants alleged right or interest,
3. how or under whom such right or interest was acquired,
4. a reference to the number of the certificate of title of the
registered owner,
5. the name of the registered owner,
6. a description of the land in which the right or interest is
claimed
7. adverse claimants residence, and
8. Postal address at which all notices may be served upon
him
 Adverse claim, effectivity and cancellation
The adverse claim shall be effective for a period of thirty days from the
date of registration.

After the lapse of the 30-day period, the annotation of adverse claim
may be cancelled upon filing of a verified petition therefor by the party
in interest, provided, however, that after cancellation, no second
adverse claim based on the same ground shall be registered by the
same claimant.

Before the lapse of the 30 day period,

1. any party in interest may file a petition in court for the cancellation
of the adverse claim and the court shall grant a speedy hearing and
render such judgment as may be just and equitable.
2. Or the claimant may withdraw his adverse claim by filing with the
ROD a sworn petition to that effect.
 Land taken by eminent domain(Sec 85 PD 1529)

Whenever any registered land, or interest therein, is expropriated or

taken by eminent domain, the National Government, province, city,
municipality, or any other agency or instrumentality exercising such
right shall file for registration in the proper Registry a certified copy
of the judgment which shall state definitely, by an (1) adequate
description, the particular property or interest expropriated, (2) the
number of the certificate of title, and (3) the nature of the public use.
A memorandum of the right or interest taken shall be made on each
certificate of title by the Register of Deeds, and where the fee simple
title is taken, a new certificate shall be issued in favor of the National
Government, province, city, municipality, or any other agency or
instrumentality exercising such right for the land so taken. The legal
expenses incident to the memorandum of registration or issuances
incident to the memorandum of registration or issuance of a new
certificate shall be for the account of the authority taking the land or
interest therein.
 Registration of eminent domain
1. By whom filed: National govt, local govt, any agency authorized
to expropriate
2. Where filed: In the Registry of Deeds where the land lies
3. What is filed: a certified copy of court judgment stating the
a. adequate description of the particular property or
interest expropriated,
b. the number of the certificate of title, and
c. the nature of the public use.
4. Duty of ROD:
a. to make on the OCT/TCT a memorandum of the right or
interest taken
b. or to issue a new certificate in favor of the National
Government, local govt, or any other agency or instrumentality
exercising such right for the land so taken.
5. Expenses, by whom paid: the authority (Natl govt, local govt, etc)
taking the land or interest therein.
Republic Act 8974 An Act to facilitate the
acquisition of right-of-way, site or location for
national government infrastructure projects and
for other purposes

Section 4. Guidelines for Expropriation Proceedings

Section 5. Standards for the Assessment of the Value of the
Land Subject of Expropriation Proceedings or Negotiated Sale
What is a will? A will, is an act whereby a person is
permitted, with the formalities prescribed by law, to control to
a certain degree the disposition of his estate. It is a document
whereby a person, called the testator, disposes of his/her
properties or estate, to take effect upon his/her death.

The testator is the deceased person who made a last will

and testament.

What is probate? Probate is a special proceeding to

establish the validity of a will. Probate is mandatory, which
means that no will passes either real or personal property
unless it is proved and allowed in a proper court.
Letters testamentary issued by the probate
court allowing the will if there is a person
named to manage the distribution of the
properties

Letters of administration issued by the probate

court allowing the will if there is no person
named to manage the distribution of the
properties or if there is no will
Executor? Executrix? Administrator? Administratrix?
 TRANSMISSION BY DESCENT OR DEVISE
1. Filing of Letters of Administration and Will (Sec 87 PD 1529) Before
the executor or administrator of the estate of the deceased owner of
registered land may deal with the same, he shall file with ROD a
certified copy of his letters of administration or if there is a will, a
certified copy thereof and the order allowing the same, together with
the letters testamentary or of administration with the will annexed as
the case may be, and shall produce the duplicate certificate of title,
and thereupon the ROD shall enter upon the certificate a
memorandum thereof, making reference to the letters and/or will by
their file number, and date of filing the same.

2. Dealings on the Property Subject to Court Approval (Sec 88 PD 1529)

After a memorandum of the will, if any, and order allowing the same,
and letters testamentary or letters of administration have been
entered upon the certificate of title, the executor or administrator may
alienate or encumber registered land belonging to the estate, or any
interest therein, upon approval of the court.
 Probate court issues letters
Testator makes Will is probated
testamentary or of
a will in court
administration

executor or
administrator
Executor or administrator
alienates or ROD makes a
files in ROD the letters,
encumbers the memorandum on
probated will & duplicate
real property the title
certificate of title
upon court
approval
 Bequeath & Devise
To bequeath something meant to give personal
property by will to another.

To devise something meant to make a gift of

real property by will.
 Reconstitution
Defined. It is the re-issuance of the copy of the
certificate of title allegedly lost or destroyed in
its original form and condition.

Purpose. To have the certificate reproduced,

after observing the procedure provided by law,
in the same form they were when the loss or
destruction occurred. (Heirs of Lozano vs Reg of
Deeds Aug 10, 2006)
Instances when reconstitution is proper
1. Under Section 109 PD 1529 whereby the
owners duplicate original of the certificate is
lost by the owner
2. Under Section 110 PD whereby the original
duplicate certificate is lost by the ROD
 Section 109 PD 1529
Notice and replacement of lost duplicate certificate. In case of loss or
theft of an owner's 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 respects be entitled to like faith and credit as the original duplicate,
and shall thereafter be regarded as such for all purposes of this decree
 Steps in reconstitution of lost duplicate certificate
1. Sworn statement/affidavit of loss by the owner
2. Sworn statement filed in the ROD and annotated
in the title
3. Petition filed in Regional Trial Court
4. Notice and hearing
5. Court order directing the issuance of new
duplicate certificate
6. Annotation in the certificate of title that it is
issued in place of the lost duplicate certificate
 (Name of Court)

PETITION FOR THE ISSUANCE OF A NEW OWNERS

DUPLICATE CERTIFICATE LIEU OF THE LOST TCT NO. T-____ Petition no. ____

Petitioner.

P E T I T I O N
COMES NOW, the petitioner through counsel and unto the Honorable Court, respectfully alleges:
1. (State personal circumstances of petitioner)
2. That petitioner is the registered owner of a parcel of land Lot ____ and covered by Transfer
Certificate of Title no. T-___
3. (State the circumstances of loss or destruction)
4. That upon discovery of such loss, petitioner executed a sworn statement and notified the ROD
of such loss.
5. That the owners duplicate copy of TCT no. _____ has not been delivered to any person or
entity to secure the payment or performance of an obligation nor any transaction or document
relating thereto is pending registration in the ROD.
6. That the original copy of TCT no. _____ is still intact and existing in the ROD
7. That the adjoining lot owners are as follows:
8. That this petition is filed pursuant to the provisions of Section 109 PD 1529

PRAYER
(Date, place signed)
Petitioner
VERIFICATION
 Section 110 PD 1529
Reconstitution of Lost or Destroyed Original of Torrens Title. - Original copies
of certificates of titles lost or destroyed in the offices of 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 may be availed of only in case of substantial
loss or destruction of land titles due to fire, flood or other force majeure as
determined by the Administrator of the Land Registration Authority:
Provided, That the number of certificates of titles lost or damaged should be
at least ten percent (10%) of the total number in the possession of the Office
of the Register of Deeds: Provided, further, That in no case shall the number
of certificates of titles lost or damaged be less than five hundred (500).

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 a notice of such order or judgment without any appeal
having been filed by any of such officials.
Requisites of Administrative reconstitution
1. There is substantial loss of the titles in
possession of the ROD due to fire, flood
or other force majeure as determined by
the LRA
2. The number of titles lost or destroyed
should be at least 10% of the total
number in the possession of the ROD
3. In no case shall the number of certificates
of titles lost or damaged be less than five
hundred (500)
1. In the Registry of Deeds, there are 10,000
certificates of title registered. Is administrative
reconstitution available to the registered owners,
a. where 900 certificates were lost or destroyed.
b. where 1001 certificates were destroyed.

2. In the Registry of Deeds, there are 4,900

certificates of title registered. Is administrative
reconstitution available to the registered owners,
a. where 501 certificates were lost or destroyed.
b. where 495 certificates were destroyed.
 Republic of the Philippines
Department of Justice
LAND REGISTRATION AUTHORITY
Register of Deeds of ________

IN RE: IN THE MATTER OF ADMINISTRATIVE

RECONSTITUTION OF THE ORIGINAL COPY
OF THE TCT NO. T-_____ IN THE REGISTRY OF DEEDS OF _______
LRC Case no. ___________
WINALA ANG T. TULO,
Petitioner.
PETITION
COMES NOW, the petitioner and before this Reconstituting Officer thru the Register of Deeds, respectfully states:
That petitioner is of legal age, Filipino, married and a resident of ____________.
That petitioner is the registered co-owner of a parcel of land covered by and described in TCT No. T-______;
That the original of the aforesaid TCT on file with the ROD of _____ was lost or destroyed due to fire on ______.
That submitted herewith are the following papers in support of this petition:
1. Owners/Duplicate Certificate of Title and three(3) xerox copies thereof if the owners duplicate has been lost/destroyed or is not available,
then the co-owners duplicate certificate of title and (3) photocopies thereof should be submitted;
2. Real estate tax receipt representing full payment of at least two(2) years prior to the filing of the petition;
3. Tax Declaration;
PR AY ER
WHEREFORE, it is respectfully prayed that the original of Trans fer Certificate of Title No. T-32890 lost or destroyed in the files of the said
Registry of Deeds be ordered reconstituted on the basis of the owners/co-owners duplicate certificate of title and in accordance with Republic
Act No. 6732.

(date and place signed)

WINALA ANG T. TULO

Petitioner
VE RI FI CAT I ON
 Judicial Reconstitution
It is made by filing a petition for reconstitution
before the RTC by the registered owner, his
assign or any person having an interest in the
property.
It involves the restoration of an instrument or
the reissuance of a new duplicate certificate of
title which is supposed to have been lost or
destroyed in its original form and condition.
 (Name of Court)

IN THE MATTER OF RECONSTITUTION OF

ORIGINAL COPY OF TCT NO. T-123456 Spec. Proc. No. ____

ALA TITULO,
Petitioner.
PETITION
COMES NOW, petitioner ALA TITULO through counsel, unto this Honorable Court, respectfully
alleges:
1. That petitioner is of legal age, married, Filipino citizen and residing at
2. That petitioner is the registered owner of a parcel of land located at ____ and covered by TCT
No. T-123456, ROD , free of any encumbrances;
3. That on April 5, 2013 the office of the register of Deeds of Makati City was burned and all the
Torrens Titles in said office including T.C.T. No. T-123456 were burned;
4. That said transfer certificate of title was never mortgaged or sold to anyone.

PRAYER
DATE, PLACE signed

Petitioner

(VERIFICATION)
 Sources of Judicial Reconstitution
OCT (Sec 2 RA 26)
(a) The owner's duplicate of the
certificate of title;
(b) The co-owner's, mortgagee's,
or lessee's duplicate of the
certificate of title;
(c) A certified copy of the
certificate of title, previously
issued by the register of deeds or
by a legal custodian thereof;
TCT (Sec 3 RA 26)
(a) The owner's duplicate of the
certificate of title;
(b) The co-owner's, mortgagee's,
or lessee's duplicate of the
certificate of title;
(c) A certified copy of the
certificate of title, previously
issued by the register of deeds or
by a legal custodian thereof;
 Judicial Reconstitution
(d) An authenticated copy of the
decree of registration or patent, as
the case may be, pursuant to which
the original certificate of title was
issued;
(e) A document, on file in the registry
of deeds, by which the property, the
description of which is given in said
document, is mortgaged, leased or
encumbered, or an authenticated
copy of said document showing that
its original had been registered; and
(d) The deed of transfer or other
document, on file in the registry of
deeds, containing the description of
the property, or an authenticated
copy thereof, showing that its
original had been registered, and
pursuant to which the lost or
destroyed transfer certificate of title
was issued;
(e) A document, on file in the registry
of deeds, by which the property, the
description of which is given in said
document, is mortgaged, leased or
encumbered, or an authenticated
copy of said document showing that
its original had been registered; and
 Judicial Reconstitution

(f) Any other document which, in
the judgment of the court, is
sufficient and proper basis for
reconstituting the lost or
destroyed certificate of title.
(f) Any other document which, in
the judgment of the court, is
sufficient and proper basis for
reconstituting the lost or
destroyed certificate of title.
 Contents of a Petition for Reconstitution
of lost OCT/TCT (Sec 12 RA 26)
1. The circumstances of the certificates loss or destruction
2. That no co-owners, mortgagees, lessees, duplicate had been
issued or, if any had been issued, the same had been lost or destroyed
3. The location, area and boundaries of the property
4. The nature and description of the buildings or improvements, if any,
which dont belong to the owner of the land, and the names and
addresses of the owners of such buildings or improvements
5. The names and addresses of the occupants or persons in possession
of the property, of the owners of the adjoining properties and all
persons who may have any interest in the property
6. A detailed description of the encumbrances if any, affecting the
property
7. A statement that no deeds or other instruments affecting the
property have been presented for registration, or if there be any, the
registration thereof hasnt been accomplished, as yet
 Encumbrance of Sec 7 RA 26
Reconstituted certificates of title shall have the
same validity and legal effect as the originals
thereof: Provided, however, That certificates of title
reconstituted extrajudicially, x x x , shall be without
prejudice to any party whose right or interest in the
property was duly noted in the original, at the time
it was lost or destroyed, but entry or notation of
which has not been made on the reconstituted
certificate of title. This reservation shall be noted as
an encumbrance on the reconstituted certificate of
title.
 Remedy of person whose interest or right was not
noted in the reconstituted title
RA 26 Section 8. Any person whose right or interest was duly
noted in the original of a certificate of title, at the time it was
lost or destroyed, but does not appear so noted on the
reconstituted certificate of title, which is subject to the
reservation provided in the preceding section, may, while such
reservation subsists, file a petition with the proper Court of
First Instance for the annotation of such right or interest on
said reconstituted certificate of title, and the court, after
notice and hearing, shall determine the merits of the petition
and render such judgment as justice and equity may require.
The petition shall state the number of the reconstituted
certificate of title and the nature, as well as a description, of
the right or interest claimed.
 How to cancel such encumbrance of Sec 7 RA 26
Under Section 9 RA 26
1. Filing of petition by the registered owner with proper
RTC giving his reason or reasons therefor.
2. the court shall cause a notice of the petition
a. to be published, twice in successive issues of
the Official Gazette, and
b. to be posted on the main entrance of the
provincial building and of the municipal building of the
municipality or city in which the land lies, at least thirty
days prior to the date of hearing, and
3. Hearing of evidence
4. judgment of the court
 Republic of the Philippines
REGIONAL TRIAL COURT
Fourth Judicial Region
Branch ___, ________City

IN RE: PETITION TO CANCEL LEGAL ENCUMBRANCE, SECTION 7 OF R.A. 26

APPEARING IN TCT NO. RT-123(456) OF THE ROD OF _______ Petition no. _______________

ALICE N. ANG ENCUMBRANCE,

Petitioner.
PET IT ION
COMES NOW, the petitioner through counsel and unto the Honorable Court, respectfully states:
1. That petitioner is single, of legal age, Filipino and resident of _____where she may be served with summons and other court processes.
2. That petitioner is the registered owner of a parcel of land covered by Transfer Certificate of Title no. RT-123 (456) issued by the ROD of ______City,
3. That the above-mentioned certificate of title was administratively reconstituted on _____ under the provisions of Republic Act no. 26 in relation to
Republic Act no. 6732.
4. That the administrative reconstitution of the abovementined certificate of title was effected pursuant to an Order of Administrative Reconstitution dated
_____of the LRA.
5. That this Order of Administrative Reconstitution has already become final and executory on ______ there being no appeal by the government or any
private party nor anybody having presented any claim against the title of the property,
6. That at the time the original copy of TCT no. RT-123 (456) was lost or destroyed, it was verified to be in full force and effect and no other copy in
whatever form were issued, nor was there any deed or instrument involving the property or interest, pending registration befo re the Registry of Deeds of
Batangas City.
7. That petitioner have been in lawful and peaceful possession of the subject parcel of land.
8. That the names and addresses of the adjoining lot owners of the subject parcel of land are:
9. That the petitioner is the declared owner of the land covered by the subject certificate of title as shown by Tax Declarati on no. 789-1011
10. That the real property tax of the land has been regularly paid and that is has not been levied for any arrears in the payment of the same.
PRA YE R
Wherefore, premises considered, it is most respectfully prayed before the Honorable Court, that after due notice and hearing, an order be issued directing
the ROD of ____ City to cancel the legal encumbrance of Section 7 of Republic Act no. 26 appearing in Transfer Certificate of Title no. RT-123 (456).
(DATE AND PLACE SIGNED)

PETITIONER

VERIFICATION
 Period of Effectivity of
encumbrance of Sec 7 RA 26
After the expiration of two years from the date
of the reconstitution of a certificate of title, if no
petition has been filed within that period under
section 8, the court shall, on motion ex parte by
the registered owner or other person having
registered interest in the reconstituted
certificate of title, order the register of deeds to
cancel, proper annotation, the encumbrance
mentioned in section seven hereof.
 REAL ESTATE MORTGAGE, defined
It is a contract in which the debtor guarantees to
the creditor the fulfilment of a principal
obligation, subjecting for the faithful compliance
therewith, a real property in case of non-
fulfilment of said obligation at the time
stipulated.
It is a contract by which specific real property is
hypothecated for the performance of an act,
without the necessity of a change of
possession.
 Essential Characteristics of
REAL ESTATE MORTGAGE
1. It is a real right. The mortgagee has the right to the exclusion of all
other claimants to have the property mortgaged sold to satisfy his
claim in case the principal obligation is not complied with.
2. It is an accessory contract. Accessory, because it cannot exist
without a principal obligation (loan).
3. It is indivisible. Because it creates a lien on the whole or all of the
properties mortgaged and continues as a lien despite partial or almost
total payment of the obligation secured. It is indivisible even though
the debt may be divided among the successors-in-interest of the
debtor or of creditor. A debtors heir who has partially paid the debt
cannot ask for partial or complete cancellation of the mortgage.
4. It is a real property. Since a real estate mortgage is a real right, it
is also considered an immovable property under Article 415 par. 10
Civil Code.
5. It is inseparable. It adheres to the property in whosoever
possession it may be found.
 Essential Characteristics of
REAL ESTATE MORTGAGE
6. It is characterized by publicity. It requires for its valid constitution
to be registered in the Registry of Property of the place where the land
lies.
7. It is a limitation on ownership. It gives the mortgagee the right to
have the property sold at public auction to satisfy his claim. However,
the debtor retains the right to dispose it.
8. It is a lien. The title to the property together with the right of
possession remains with the mortgagor until foreclosed.
9. The property cannot be appropriated. The mortgagee cannot
appropriate to himself the mortgaged property. Any stipulation that he
can appropriate the property to himself in payment of a debt when it
falls due and is not paid is against the law and public policy. (pacto
comisorio)
10. It can secure all kinds of obligation. A real mortgage may secure
all kinds of obligations regardless of its kind.
 Essential Requisites of
REAL ESTATE MORTGAGE
1. That the mortgage is constituted to secure the fulfilment of a
principal obligation.
2. That the mortgagor is the absolute owner of the thing
mortgaged.
3. That the persons constituting the mortgage have the free
disposal of their property, and in the absence thereof, that they be
legally authorized for the purpose.
4. That the immovables and alienable real rights imposed upon the
immovables may be the object of a contract of mortgage.
5. That in order that a mortgage may be validly constituted, the
document in which it appears be recorded in the Registry of
Property.
6. That when the principal obligation becomes due, the property in
which mortgage consists may not be appropriated by the creditor,
but must be sold at public auction.
PACTO COMISORIO The parties cannot
stipulate that in case the contract is not fulfilled
the property mortgaged becomes ipso facto the
property of the mortgagee, for such stipulation
is contrary to Article 2088 Civil Code which
states that the creditor cannot appropriate
the things given by way of mortgage, or
dispose of them. Any contrary stipulation is
void. Even with such a clause, the sale must
take place and the property awarded to the
highest bidder. The stipulation is ineffectual and
may be disregarded.
FORECLOSURE means the remedy available to
the mortgagee by which he subjects the
mortgaged property to the satisfaction of the
obligation, to secure which the mortgage was
given.

A mortgage may be foreclosed

1. when the principal obligation is not paid
when due
2. when any condition, stipulation or warranty is
violated by the mortgagor
KINDS OF FORECLOSURE
1. Extrajudicial foreclosure where there is special power
to sell inserted in or attached to a real estate mortgage
2. Judicial foreclosure - where there is NO special power
to sell inserted in or attached to a real estate mortgage

REDEMPTION is defined as a transaction through which a

mortgagor, or one claiming in his right, by means of a
payment or the performance of a condition, reacquires or
buys the value of the title which may have passed under
the mortgage or divests he mortgaged premises of the
lien which the mortgage may have created.
KINDS OF REDEMPTION
1. Equity of Redemption is the right of the
mortgagor to redeem the mortgaged property after
his default in the performance of the conditions of
the mortgage before or after the sale of the
mortgaged property. Under the Rules of Court, the
mortgagor may exercise his equity of redemption at
any time before the judicial sale is confirmed by the
court.
2. Right of Redemption means the right of the
mortgagor to repurchase the property within a
certain period after it was sold for the purpose of
paying the mortgage debt.
 FORECLOSURE
Extrajudicial Foreclosure
1. where there is special power
to sell inserted in or attached
to a real estate mortgage
2. Mortgagor has right of
redemption
3. Period of redemption is one
year from registration of sale
in the ROD
Judicial Foreclosure
1. where there is NO special
power to sell inserted in or
attached to a real estate
mortgage
2. Mortgagor has equity of
redemption
3. Period of redemption is not
less than 90 days nor more
than 120 days from entry of
judgment of foreclosure or
even after the foreclosure
sale but before the judicial
confirmation of the sale.
Under Sec 7 ACT 3135, possession, during the
redemption period, may be given to the purchaser
1. By filing a petition in the proper court to give him
possession during the redemption period,
2. The petition shall be signed and sworn under oath
3. By furnishing bond in an amount equivalent to the
use of the property for a period of twelve months, to
indemnify the debtor in case it be shown that the sale
was made without violating the mortgage or without
complying with the requirements of this Act.
4. The court shall, upon approval of the bond, order that
a writ of possession issue, addressed to the sheriff
who shall execute said order immediately.
 Remedies in Land Registration
1. Action for reversion
2. Action for declaration of nullity of patent
3. Petition for reopening and review of decree of registration
4. Action for reconveyance
5. Action for damages
6. Action for quieting of title
7. Escheat proceeding
8. Annotation of adverse claim
9. Claim against the Assurance Fund
10. Consulta
11. Amendment and alteration of certificate of title to land
12. Reconstitution of title to land
Action for reversion seeks to restore public land
fraudulently awarded and disposed of to private
individuals or corporations to the mass of public
domain. It involves a serious controversy,
involving a question of fraud and
misrepresentation committed against the
government and it seeks the return of the
disputed portion of the public domain. (
Morandart vs CA )
 Kinds of lands involved in reversion cases
An action for reversion covers both lands of the public domain and
private agricultural lands (Muller vs Muller Aug 29, 2006)

The right of the State to institute action for reversion is rooted in

the Regalian doctrine, i.e., all lands of the public domain belong to
the State, and that the State is the source of any asserted right to
ownership in land and charged with the conservation of such
patrimony. (Republic vs Mangotara)

The issuance of a Torrens title does not bar the Republic from
instituting an action for reversion because the basic premise in the
reversion action is that the certificate of title fraudulently or
unlawfully included land of the public domain, hence calling for
cancellation of said certificate. (Francisco vs Rodriguez )
 Who may file action for reversion
All actions for the reversion to the government
of lands of the public domain shall be instituted
by the Solicitor General of the Philippines
because in all actions for reversion, the real
party in interest is the Republic of the Phils.
When may an action for reversion be filed?
The prescriptive period of an action for
reversion is one year by which title to a parcel of
land can become indefeasible after registration.

However, in Republic vs Mangotara, the Court

said that title founded on fraud may be
cancelled notwithstanding the lapse of one year
from its issuance. The lapse of the one year
period within which a decree of title may be
reopened for fraud would not prevent its
cancellation
 Declaration of nullity of patent
A patent issued over private land is null and void,
and produces no legal effects whatsoever.
The nullity arises strictly not from the fraud or
deceit but from the fact that the land is beyond the
jurisdiction of the Bureau of Lands to bestow and
whatever patent or certificate of title obtained
therefor is consequently void ab initio.
The real party in interest is not the State but the
injured party who alleges a pre-existing right of
ownership over the parcel of land in question even
before the grant of title.
 Allegations in the complaint
for declaration of nullity of patent
1. That the contested land was privately owned
by the plaintiff prior to the issuance of the
assailed certificate of title to the defendant
2. That the defendant perpetuated a fraud or
committed a mistake in obtaining a
document of title over the land claimed by
the plaintiff ( Kionisala vs Ducut Feb 2002)
 Distinction between
reversion case and nullity of patent case
In an action for reversion, the complaint alleges
State ownership of the disputed land.

While in an action for declaration of nullity of

patent, the complaint alleges the plaintiffs
ownership of the contested lot prior to the
issuance of the patent and certificate of title as
well as the defendants fraud or mistake in
obtaining documents
 Reversion vs Nullity of Patent
Reversion Nullity of Patent
1. The State, thru the OSG, 1. The plaintiff ( private
files the action individual) files the petition
2. Covers both lands of the 2. Covers private lands only
public domain and private 3. Based on fraud or mistake
agri lands in obtaining documents
3. Based on fraud and serious
misrepresentation against
the government
 Petition for reopening and review of the
decree of registration (Sec 32 PD 1529)
The decree of registration shall not be reopened or revised by reason of
absence, minority, or other disability of any person adversely affected
thereby, nor by any proceeding in any court for reversing judgments, subject,
however, to the right of any person, including the government and the
branches thereof, deprived of land or of any estate or interest therein by such
adjudication or confirmation of title obtained by actual fraud, to file in the
proper Court of First Instance a petition for reopening and review of the
decree of registration not later than one year from and after the date of the
entry of such decree of registration, but in no case shall such petition be
entertained by the court where an innocent purchaser for value has acquired
the land or an interest therein, whose rights may be prejudiced. X x x x

Upon the expiration of said period of one year, the decree of registration and
the certificate of title issued shall become incontrovertible. Any person
aggrieved by such decree of registration in any case may pursue his remedy
by action for damages against the applicant or any other persons responsible
for the fraud.
Petition for reopening and review of the
decree of registration, REQUISITES
1. The petition shall be reopened and reviewed only by
reason of actual fraud and NOT due to absence, minority
or other disability of any person adversely affected
2. The petition shall be filed within one year from the date of
entry of the decree of registration
3. The petition shall not reopened and reviewed where an
innocent purchaser for value has acquired the land
4. After the lapse of one year from the entry of the decree,
the decree and the certificate shall become
incontrovertible
 Petition to reopen
Entry of decree of decree except for After one year, decree
registration innocent purchaser becomes incontrovertible
for value

Action for damages

against applicant who
caused fraud
Kinds of Fraud
1. Actual or positive fraud proceeds from an intentional deception
practiced by means of the misrepresentation or concealment of a
material fact.
Example. An agent told a buyer that the roof of a property was completely
fine when he knew well that it was not OK. It would be actual fraud if the
agent says, "Do not worry about the roof; if you buy this house I will
personally fix it, you have my word," when he did not have the ability or
intention of fixing it.

2. Constructive fraud is construed as a fraud because of its detrimental

effect upon public interests and public or private confidence, even
though the act is not done with an actual design to commit positive
fraud or injury upon other persons. (Prisco vs Zosa July 2008)

Example. If an agent was showing a home with roof problems and the client
asked, "Are there any issues with the structure of the roof?" and the agent
replied, "No, it's fine, the roof is great." The roof had problems, but the agent
authentically thought the roof was fine.
 Action for reconveyance
Reconveyance means the action to recover
ownership and possession of property. Under
Art 434 of the Civil Code, in order to successfully
recover the ownership of a real property: the
person who claims a better right must prove the
identity of the land claimed and his title
thereto. The property must be identified and the
plaintiff must rely on the strength of his title
and not on the weakness of the defendants
claim. (VSD Realty vs Uniwide Sales July 2013)
 Grounds in an action for reconveyance

1. Actual or extrinsic fraud

2. Intrinsic fraud
3. Implied trust
4. Void contract
5. Duress, threat or intimidation
Actual or extrinsic fraud - The fraud is extrinsic if it
was employed to deprive a party of his day in court
thus preventing him from asserting his right to the
property registered in the name of the applicant.

Intrinsic fraud There is intrinsic fraud if the fraud

alleged in the petition to set aside the decree is
involved in the same proceedings in which the party
seeking relief had ample opportunity to assert his
right, to attack the document presented by the
applicant for registration and to cross-examine the
witnesses who testified relative thereto. (Frias vs
Esquivel July 1962)
Implied trust under Art 1456 Civil Code, if
property is acquired through mistake or fraud, the
person obtaining it is, by force of law, considered a
trustee of an implied trust for the benefit of the
person from whom the property comes.

Void contracts an action for reconveyance on the

basis of void contract may be initiated under Art
1318 Civil Code which states there is no contract
unless the following requisites concur: (1) consent
of the contracting parties (2) object certain which is
the subject matter of the contract (3) cause of the
obligation which is established.
Duress, threat and intimidation - are grounds
for reconveyance of property under Art 1391
Civil Code
 Action for damages (Sec 32 PD 1529)

Upon the expiration of said period of one year,

the decree of registration and the certificate of
title issued shall become incontrovertible. Any
person aggrieved by such decree of registration
in any case may pursue his remedy by action for
damages against the applicant or any other
persons responsible for the fraud.
 Quieting of title (Art 476 Civil Code)

It is a common law remedy for the removal of any

cloud, doubt or uncertainty affecting title to real
property.
Art 476. Whenever there is a cloud on title to real
property or any interest therein, by reason of any
instrument, record, claim, encumbrance or
proceeding which is apparently valid or effective
but is in truth and in fact invalid, ineffective,
voidable or unenforceable, and may be prejudicial
to said title, an action may be brought to remove
such cloud or to quiet title.
 Elements of quieting of title
1. Existence of an instrument or record or claim
or encumbrance or proceeding
2. The document appears to be valid or
effective
3. The document is in truth and in fact, invalid,
ineffective, voidable or unenforceable
4. The document is prejudicial to the title
 Escheat proceeding
It shall take place when there is a violation of the
Constitution.
Sec. 7 Art XII 1987 Constitution provides that, save
in cases of hereditary succession, no private lands
shall be transferred or conveyed except to
individuals, corporations or associations qualified to
acquire or holds lands of the public domain.

A foreigner is not allowed to own land in the Phils., hence,

violation of the Constitutional provision gives rise to either
reversion case or escheat proceeding. The primary purpose is
the conservation of the national patrimony (Krivenko case)
 Amendment and alteration of certificates
(Sec 108 PD 1529)
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 proper Court of First Instance. 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, may apply by petition to the court upon the
ground that the registered interests of any description, whether vested, contingent, expectant or
inchoate appearing on the certificate, have terminated and ceased; or that new interest not
appearing upon the certificate have arisen or been created; or that an omission or error was made
in entering a certificate or any memorandum thereon, or, on any duplicate certificate; or that the
same or any person on the certificate has been changed; or that the registered owner has married,
or, if registered as married, that the marriage has been terminated and no right or interests of heirs
or creditors will thereby be affected; or that a corporation which owned registered land and has
been dissolved has not convened the same within three years after its dissolution; or upon any
other reasonable ground; and 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.
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.
 Requisites of Amendment/alteration of
certificate of title
1. Petition filed in RTC
2. Notice and hearing
3. Order to amend or correct the certificate of
title
4. Memorandum by the ROD in the certificate
of the correction
GROUNDS FOR AMENDMENT OR CORRECTION
1. That an error or omission was made in the
certificate (ex. The name of Mario is Maria)
2. That a registered interest is terminated
3. That new rights have arisen which do not appear
on the certificate (ex. for b & c the title describes in the
annotation that the building and improvements belong to a
third person which were later burned)
4. That the name or status of a person has been
changed (ex. When the owner was married and becomes a
widower provided no right or interest of heirs will be affected
thereby)
5. Upon any other reasonable ground