CIVIL LAW (LAND TITLES)MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2001 6.

Makes fraud almost impossible

7.It assures
CHAPTER 1: BACKGROUND, BASIC CONCEPTS & GENERAL PRINCIPLES 8.Keeps up the system without adding to burden of taxation; beneficiaries of the system pay the fees
9.Eliminates tax titles
LAND TITLE 10.Gives eternal title as state ensures perpetuity
– evidence of right of owner or extent of his interest, by which means he can maintain control and as a rule assert 11.Furnishes state title insurance rather than private title insurance
right to exclusive possession and enjoyment of property 12.Makes possible the transfer of titles or of loans within the compass of hours instead of a matter of days
DEED
– instrument in writing which any real estate or interest therein is created, alienated, mortgaged or assigned or by PURPOSE OF TORRENS LAW:
which title to any real estate may be affected in law or equity1.Grantor2.Grantee3.Words of grant4.Description of quiet title to land – once registered, owner might rest secure
property5.Signature of grantor 6.Witnesses
PERSONS BOUND WHEN TITLE NOT REGISTERED
TYPES OF ESTATES:
1.Grantor
1.FREE HOLD ESTATE – indicates title of ownership 2.Heirs & devisees
a.Fee simple – absolute title; conferred without limitation, qualification or restriction 3.Persons with actual notice
b.Fee tail – pass title to grantee & his heirs
c.Life state – held for duration of life of grantee PROCEDURE IN LAND REGISTRATION CASE:

2.LESS THAN FREEHOLD ESTATE – a right short of title 1.Survey of land by Bureau of lands or duly licensed private surveyor
a.Estate for years – lease for a period agreed upon, less or retains ownership of land 2.Filing of application for registration by applicant
b.Tenancy from period to period – lease running from month to month or year to year with automatic 3.Setting of date of initial hearing of application by RTC
renewal 4.Clerk of court to transmit to Land Registration Authority the application, date of initial hearing & other pertinent
c.Tenancy at will – person is permitted to occupy land of another without stipulation as to period docs
5.Publication of notice of filing of application, date & place of hearing – in OG and in newspaper of general circulation
3 STAGES OF DEVELOPMENT OF LEGAL SYSTEM OF TRANSFERRING TITLES: 6.Service of notice – contiguous owners, occupants & those who have interest in property
1.Production & delivery of deed by grantor to grantee without registration 7.Filing of answer or opposition to application
2.Deed of conveyance is recorded to bind 3rd persons 8.Hearing of case by RTC
3.Registration of title 9.Promulgation of judgment by court
10.Issuance of decree by RTC – decision; Instruct land registration authority to issue decree of confirmation &
REGISTRATION registration
– guarantees the title 11.Entry of decree of registration in Land Titles Administration
RECORDING 12.Send copy of decree to Register of Deeds
– does not guarantee the title; need to examine other docs 13.Transcription of decree of registration in registration book & issuance of the owner’s duplicate original certificate
of title of the applicant by the Land registration Authority - upon payment of prescribed fees
PURPOSE OF REGISTRATION:
CHAPTER 3: APPLICATION IN ORDINARY REGISTRATION PROCEEDINGS
1.Serve as constructive notice
2.Prevent fraudulent claims WHO MAY APPLY:
3.Protect interest of strangers to transaction
1.Those in open, continuous, exclusive, notorious possession of patrimonial property of state under bona fide claim
MODES OF ACQUIRING LAND TITLES: of ownership since June 12, 1945 or earlier
2.Those who acquired ownership of private land by prescription
1.Title by public grant – conveyance of public land by government to a private individual 3.Those who acquired ownership of private lands by right of accretion
2.Title by acquisitive prescription – open, continuous, exclusive, notorious possession of a property 4.Those who acquired ownership in any manner provided for by law
3.Title by accretion – alluvion
4.Title by reclamation – filling of submerged land by deliberate act and reclaiming title thereto; government LIMITATION TO OWNERSHIP OF LAND BY CORPORATION:
5.Title by voluntary transfer – private grant; voluntary execution of deed of conveyance
6.Title by involuntary alienation – no consent from owner of land; forcible acquisition by state 1.PRIVATE LANDS
7.Title by descent or devise – hereditary succession to the estate of deceased owner a.At least 60% Filipino to acquire private land
8.Title by emancipation patent or grant – for purpose of ameliorating sad plight of tenant-farmers; not transferable b.Restricted as to extent reasonably necessary to enable it to carry out purpose which it was created
except by hereditary succession c.If engaged in agricultural – restricted to 1,024 ha.

Chapter 2: TORRENS SYSTEM – ORIGIN, NATURE & GENERAL CHARACTERISTICS 2.PATRIMONIAL PROPERTY OF STATE
a.Lease for 25 years renewable
ADVANTAGES: b.Limited to 1,000 ha.
1.Abolishes endless fees c.Apply to both Filipinos & foreign cos.
2.Eliminates repeated examination of titles
3.Reduces records enormously FORM & CONTENTS OF APPLICATION
4.Instantly reveals ownership
5.Protects against encumbrances not noted on the Torrens certificate 1.In writing & signed by applicant or person duly authorized

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2.Description of land
3.Citizenship 1.RTC
4.Civil status 2.Refer to referee – commissioner
5.Full names & address of occupants & adjoining owners
WHAT TO ACCOMPANY APPLICATION: PROCEEDINGS FOR ORDINARY REGISTRATION (LAND REGISTRATION ACT) / PROCEEDING FOR JUDICIAL
CONFIRMATION OF IMPERFECT TITLE UNDER THE PUBLIC LAND ACT
1.Tracing cloth plan duly approved by the Director of Lands •There exist a title to be confirmed
2.3 copies of technical descriptions •Land applied for belongs to the state
3.3 copies of surveyor’s certificate •Court may dismiss without prejudice to file new application
4.All original muniments of title •Dismiss with prejudice
5.4 copies of certificate by city/provincial treasurer of assessed value of land •Risk to have application denied without losing land
•Risk involves loss of land
AMENDMENTS ALLOWED & NOT ALLOWED
CHAPTER 6: JUDGMENT & DECREE
1.Substantial change in boundaries or increase in area - new technical description necessary – need new publication
& notice DECREE
2.Substitution of name of new owner – file motion with court – issued by land registration authority containing technical description of land; issued after finality of
3.Decrease the area – file motion in court judgment1.Decrees dismissing application2.Decrees of confirmation and registration
•Final after 1 year after decree
MUNIMENT OF TITLE •Unless there in innocent purchaser for value
– instruments or written evidences which applicant hold or posses to enable him to substantiate & prove title to •Subject only to appeal
his estate •Once final, cannot be subject to attack, deemed conclusive against the world3.Put end to litigation4.Purpose of
Torrens system is protected
TRANSACTION TOOK PLACE BEFORE ISSUANCE OF DECREE: •Amendment after 1 year is allowed – creation or extinguishment of new rights; inclusion of new owners not
allowed
1.Record instrument in Register of Deeds in same manner as if no application was made
2.Present instrument to RTC, motion praying that same be considered in relation to the pending application JUDGMENT
– decision of court constituting its opinion after taking into consideration the evidence submitted
TRANSACTION TOOK PLACE AFTER ISSUANCE OF DECREE: WRIT OF POSSESSION
•Register directly with REGISTER OF DEEDS for purpose of canceling such title & issuing a TCT – order to sheriff to deliver the land to the successful party litigant; no prescription
1.Against loser
CHAPTER 4: PUBLICATION, ANSWER & DEFAULT 2.Against anyone unlawfully & adversely occupying

NOTICE IN CONSPICUOUS PLACE IN LAND & BULLETIN BOARD OF MUNICIPALITY WHEN WRIT MAY NOT ISSUE:
– 14 days before hearing •Person entered into property after decree- non claimant; had been there for 10 years

HEARING MEANS TO RECOVER POSSESSION:

– within 7 days after publication in OG 1.Forcible entry
– – 25 – 90 days from date of order 2.Unlawful detainer
3.Accion publiciana
TO WHOM NOTICE MUST BE SENT: 4.Accion reindivicatoria

1.City/municipal mayor & provincial governor RES JUDICATA:

2.Department of Agrarian Reform, Solicitor General & Director of Lands , Director of Fisheries, Director of Mines 1.Former judgment must be final
3.Adjoining owners & those who have rights or interest thereto 2.Rendered by court having jurisdiction over subject matter & parties
3.Judgment on merits
REQUISITES OF OPPOSITION: 4.Identity of parties, subject matter and causes of action

1.Set forth objections to the application REMEDIES AVAILABLE TO AGGRIEVED PARTY IN REGISTRATION PROCEEDINGS:
2.State interest claimed by oppositor
1. MOTION FOR NEW TRIAL - must be brought within 15 days from notice of judgment
GENERAL DEFAULT a.Fraud, accident, mistake, excusable negligence which ordinary prudence could not have guarded
•If no person appears and answers within time prescribed b.Newly discovered evidence which could not be discovered & produced at trial
c.Evidence insufficient to justify decision, decision is against the law
SPECIAL DEFAULT
•Party appears at initial hearing without having filed an answer and ask court for time to file answer but failed to do 2. APPEAL – must be brought 15 days from notice of judgment
so within period allowed
3. REVIEW OF DECREE OF REGISTRATION – available to party deprived of day in court; became non-party due to
CHAPTER 5: HEARING & DECREE misrepresentation; invoke actual fraud; before expiration of 1 year; specific acts intended to deceive; will no longer
prosper if already transferred to innocent purchaser for value
WHO CONDUCTS HEARING: a.Plaintiff is owner of land registered in name of defendant

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 b.Registration procured through actual fraud b .Payment of fees & documentary stamp tax
c.Property has not issued to innocent purchaser for value c. Evidence of full payment of real estate tax
d.Action is filed within 1 year after issuance of decree of registration d. Document of transfer – 1 copy additional for city/provincial assessor
2 .Register of Deeds shall make a memorandum on the certificate of title, signed by him
4 .RELIEF FROM JUDGMENT – 60 days – 6 months after entry of order; available to party to case, FAME; after
judgment; person deprived of right is party to case 3 .Issue TCT

5. RECONVEYANCE – action in personam; available so long as property not passed yet to innocent purchaser for VOLUNTARY DEALINGS
value; bad faith or with notice of defect •Need to present title – to record the deed in registry & to make memorandum on title
6 .RECOVERY FOR DAMAGES
a. Person is wrongfully deprived of his land by registration in name of another – actual or constructive INVOLUNTARY DEALINGS
fraud •No presentation required; sufficient that annotation in entry book is sufficient
b. No negligence on his part
c .Barred/ precluded from bringing an action FORMAL REQUISITES OF A DEED
d. Action for compensation has not prescribed 1.Full name
2.Nationality
CHAPTER 7: CERTIFICATE OF TITLE 3.Place of residence
4.Postal address of grantee or other persons acquiring or claiming interest
TORRENS TITLE 5.Civil status
– certificate of ownership issued under the Torrens System of registration by the government through road 6.Whether or not corporation
naming & declaring owner in fee simple of property described therein free from all liens except those expressly 1.Register of Deeds to keep an entry book – day book
noted 2.Enter in order of reception all deeds & voluntary instruments, write & processes re land -Year, month,
day, time, minute of reception of instrument; Registered from time of entry
PROCESS: 3.Fees of 5 bucks per document to be paid within 15 days
4.Note memorandum & sign & issuance of certificate
1.Within 15 days from finality of order of judgment directing registration of title – court to order Land registration 5.Documents are numbered & indexed & indorsed with reference to certificate of title– public records
Admin to issue decree of registration and certificate of title 6.Subject to reasonable regulation

2.Clerk of court will send order of court & copies of judgment •Cost borne by vendor

3.Administrator to issue decree of registration & original & duplicate of OCT – signed by Administrator, entered &
file decree of registration in LRA CHAPTER 9: REAL ESTATE MORTGAGE

4.Send to Register of Deeds – original & duplicate of title & certificate for entry in his registration book REAL ESTATE MORTGAGE
– real property/real rights secures fulfillment of an obligation
5.Enter in record book, dated, signed, numbered & sealed – take effect upon date of entry
KINDS:
6.Register of Deeds to send notice to registered owner ready for delivery after payment of fees 1.Conventional – agreed upon by parties
2.Legal – Created by operation of law
7.Register of Deeds shall send duplicate & note on each certificate of title to whom it is issued 3.Judicial – results from a judgment
4.Equitable – pacto de retro in form but mortgage in essence
8.Original copy to be filed in Register of Deeds; bound in consecutive order
ESSENTIAL REQUISITES:
ACTION FOR PARTITION, SPLITTING OR CONSOLIDATION OF TITLES: 1.Constituted to secure fulfillment of principal obligation
2.Mortgagor be absolute owner of thing mortgaged
1 .Splitting or consolidation – ordinary – Register of Deeds level, no court involved 3.Person constituting mortgage has free disposal of property

2. Subdivision plan – approval of NHA, final approval of LRA, then Register of Deeds to issue memorandum that SPECIAL CHARACTERISTICS:
streets not to be disposed except by way of donation to govt. shall be effected without approval of NHA 1.Subject matter is realty
2.Real right – attaches to property wherever it is & whoever holds it
ANNOTATIONS AT BACK OF CERTIFICATE 3.Accessory – presupposes existence of valid principal obligation; cannot stand alone
– need court order; otherwise null & void 4.Indivisibility – even if debt is divisible; mortgage is not
5.Inseparability – mortgage lien is inseparable from property
6.Retention of possession - mortgagor retains possession
CHAPTER 8: VOLUNTARY DEALINGS WITH REGISTERED LANDOPERATIVE ACT
– registration by owner; deed not registered – binding only between parties PACTO DE RETRO – EQUITABLE MORTGAGE
1.Price of sale with right to repurchase is usually inadequate
PROCESS OF REGISTRATION: 2.Vendor remains in possession as lessee or otherwise
3.Upon or after expiration of right to repurchase, another instrument extending period /granting new period is
1. File instrument creating or transferring interest and certificate of title with Register of Deeds executed
a. Owner’s duplicate 4.Purchaser retains a part of the purchase price

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5.Vendor binds himself to pay taxes on thing sold
6.Real intention of parties is that transaction shall secure payment of debt or fulfillment of other obligation WHEN MORTGAGOR DIES
1. Abandon security & prosecute his claim by sharing in general distribution of assets of the estate
Real Mortgage Chattel Mortgage 2. Foreclose mortgage by making executor party defendant
Subject matter is real property Subject matter is movable 3. Foreclose it in due time
Public document only May be in private document provided there is affidavit
of good faith PARTIES IN FORECLOSURE SUIT: all persons claiming interest subordinate in right to mortgagee
Right of redemption for 1 year No right of redemption
Deficiency can be recovered Deficiency cannot be recovered ACTION TO FORECLOSE: Prescribes in 10 years (written contract)

EXECUTION & REGISTRATION VENUE: Per stipulation or in absence thereof, where the property lies
1.Execution of deed in a form sufficient in law (public instrument)
2.Registration with Register of Deeds where the land lies & take effect upon registration FORECLOSURE
a.Present deed of mortgage together with owner’s duplicate
b.Payment of fees 1.JUDICIAL
c.Register of Deeds shall enter upon original certificate of title & upon duplicate a memorandum – date, a. Mortgagee to petition in court for foreclosure
time of filing, signature, file number assigned to deed b. Court to render order for debtor to pay sum due within 90 days and if not paid from date of service,
d.Register of Deeds to note on deed the date & time of filing & reference to volume & page of registration property be sold at public auction
book in which it was registered c. Notice & Publication
d. Public auction: sale to highest bidder
3. No duplicate need be issued e. Sheriff to issue certificate confirming judicial foreclosure
f. File with Register of Deeds final decree of court confirming sale
SUBJECT MATTER g .Memo entered in certificate of title
•Real property plus all its accessions unless contrary is stipulated h. If right of redemption exist, certificate of title of mortgagor not to be cancelled but memorandum shall
•Future property – without legal effect be entered upon the certificate duplicate & original
•Future improvements – deemed included i. After expiry of 1 year redemption period & no redemption, title is consolidated to new owner
•Fruits & rents of mortgaged property deemed included j. Purchaser to be entitled to new certificate of title & memorandum endorsed on mortgage deed
•Continuing credit secured by mortgage valid k. If there is redemption, memorandum to be annotated on certificate of title

FORMS: 2.EXTRA-JUDICIAL
1.Private document – void & inexistent
2.Public instrument but not recorded – binding between parties but not 3rd persons without notice •Allowed only if stipulation between party authorizes extra-judicial foreclosure
3.Public document & registered – valid & binding to 3rd parties •Cannot be made legally outside of city where land lies
•Publication required: post notices for 20 days in 3 public places where property lies & if property is more than
MAY MORTGAGE BE REGISTERED WITHOUT DUPLICATE TITLE: Yes P400.00, publication must be for 3 consecutive weeks in news paper of general circulation
•If foreclosure by rural banks, exempt from publication in newspaper for loans not exceeding 3,000.00
•If being withheld by the owner, Register of Deeds notifies by mail within 24 hours to registered owner: •Registration of sale in Register of Deeds:
1.Stating that mortgage has been registered a. Deed of sale must be supported by certificate of sheriff that said sale was conducted accordingly stating
2.Requesting that owner’s duplicate be produced so that memorandum be made thereof the date, time, place of sale, names of creditor & debtor, description of property, name of highest bidder,
•Owner refuses to comply within reasonable time; Register of Deeds to notify court & court may enter order selling price
requiring owner to produce certificate b. Present in Register of Deeds where land lies
c. Memorandum on back of certificate is made
SUBSEQUENT DEALINGS IN MORTGAGED PROPERTY d. After expiration of 1 year of redemption period – title is consolidated if no redemption exercised:
purchaser to file with Register of Deeds the deed of sale & sworn statement attesting to fact that there is
1.May be further alienated – stipulation to contrary is void no redemption
•Assignment must also be registered since registration is operative act to affect land e. New certificate of title issued in favor of vendee
•If not recorded – valid as to parties but not to 3rd parties, right not protected against somebody who f. If redeemed – notice of redemption shall be registered & accomplished by way of memorandum on
registers & procures better right proper certificate of title

2.May be further mortgaged – stipulation to contrary is void RIGHT OF REDEMPTION

•No need to secure permission of mortgagee •Payment of purchase price plus 1% per month plus taxes if paid by purchaser
•Understood unless prohibited in contract •To be exercised within 1 year after registration of sale
3.Pactum commisorium
– not allowed RIGHT TO DEFICIENCY – allowed
a. Property is mortgaged CHAPTER 10: CHATTEL MORTGAGE
b. There is stipulation for automatic appropriation
CHATTEL MORTGAGED
4.Discharge – personal property is registered with Register of Deeds to secure performance of an obligation
•Execute public document canceling or releasing mortgaged in form prescribed by law
•Present instrument with Register of Deeds where land lies together with owner’s duplicate for registration SUBJECT MATTER: movables
•Memorandum of cancellation is annotated on duplicate & original

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DEED OF MORTGAGE:
•Requires only description to enable parties & other persons to identify the subject matter LEASE
– one of parties deliver possession of property to another who is obliged to pay rent for use of such property
REGISTRATION OF CHATTEL MORTGAGE
1.Execution of document REGISTRATION OF LEASE
2.Payment of fees 1.File with Register of Deeds the instrument creating lease together with Owner’s Duplicate of certificate of title
3.Register of Deeds enters in DAY BOOK in strict order of their presentation chattel mortgages & other instruments 2.Register of Deeds to register by way of memorandum upon certificate of title
relating thereto (primary process) 3.No new certificate shall be issued
4.Register of Deeds thereafter enters in a more detailed form the essential contents of the instrument in the Chattel
Mortgage Register (complementary process) WHEN PROHIBITION IN MORTGAGED PROPERTY AS REGARDS SUBSEQUENT CONVEYANCES, ETC.:
Leasehold cannot be registered in the title thereof
EFFECT OF REGISTRATION:
1.Creates a lien – attaches to the property whoever holds it; binding on subsequent purchasers EFFECT OF REGISTRATION:
2.Constructive notice 1.Creates a real right but without prejudice to rights of 3rd persons
2.If not registered – valid as between parties but not to 3rd persons without notice
SALE OF CHATTEL WITHOUT CONSENT OF MORTGAGEE
– void; criminal act REGISTRATION – lessor not required to initiate; lessee shall initiate
EFFECT OF FAILURE TO REGISTER: ALIENS:
•Valid between parties but void against 3rd persons 1.May be granted temporary rights for residential purposes
•If instead of registration, it is delivered – it shall be a pledge & not chattel mortgage (if no chattel mortgage deed 2.Limit: 25 years, renewable for another 25 years
executed)
•Actual knowledge is same effect as registration WHO ELSE MAY REGISTER: Builder in Good Faith

AFFIDAVIT OF GOOD FAITH: STATEMENT THAT – CHAPTER 12: TRUSTS & POWERS OF ATTORNEY
1.Mortgaged is made to secure obligation specified
2.Valid & just obligation TRUST
3.Not entered into for purpose of fraud – obligation of a person to whom legal title to property is transferred to hold the property according to confidence
reposed in him
EFFECT OF ABSENCE OF AFFIDAVIT OF GOOD FAITH:
•Vitiates mortgage as against creditors & subsequent encumbrances 2 KINDS:
•Valid as between parties 1.Expressed – need to be in writing; cannot be proved by parole evidence
•No need to be in public document 2.Implied – exist by operation of law; can be proved by parole evidence
a.Property is bought but paid by another party
ASSIGNMENT OF MORTGAGE b.Donation is made but donee have no beneficial interest thereon
•No need to be registered, permissive only & not mandatory c.Price of sale of property is loaned & conveyance is made to lender to secure fulfillment of loan
d.Land passes by succession to a person but legal title is put in another’s name
CANCELLATION OF CHATTEL MORTGAGE e.2 persons purchase property but placed only in one’s name
•Mortgagee to execute a discharge of the mortgage in manner provided by law f.Guardian uses funds of ward to buy property
g.Property is acquired thru mistake or fraud
FORECLOSURE OF MORTGAGE
•The must first be non-payment & at least 30 days have elapsed since then
•Alternatives: POWER OF ATTORNEY
1.Judicial – authority granted to a person to dispose one’s property
2.Extra-judicial – only if there is stipulation/authority
TRUST DIFFERENTIATED FROM POWER OF ATTORNEY
PROCEDURE IN FORECLOSURE 1.Trust has 3 parties while power of attorney has 2 parties
1.Notice posted for 10 days in at least 2 public places in municipality where property is to be sold designating the 2.Trust is for benefit of 3rd party while power of attorney is for benefit of principal
time, place and purpose of sale
2.Mortgagor is notified in writing at least 10 days before sale REGISTRATION OF TRUST
3.Public auction 1.Sworn statement claiming interest by reason of an implied trust with description of land & reference to number of
4.30 days after sale, officer makes a return & file with Register of Deeds where mortgage has been recorded certificate shall be registered in Register of Deeds
5.Officer’s return operates as a discharge of the lien created by the mortgage 2.Provided not prohibited to do so by instrument creating the trust
6.Proceeds to be applied:
a. Cost of sale APPOINTMENT OF TRUSTEE BY COURT
b. Amount of obligation •Certified copy of decree shall be presented to Register of Deeds & surrender duplicate certificate
c. Subsequent mortgages •Cancel duplicate & new certificate shall be entered by Register of Deeds
d. Balance – mortgagor
ACTION FOR RECONVEYANCE BASED ON IMPLIED TRUST
RECOVERY OF DEFICIENCY: Allowed •Prescribes in 10 years
•If acknowledged in written form – becomes express trust – prescribes upon repudiation
CHAPTER 11: LEASE CHAPTER 13: INVOLUNTARY DEALINGS WITH REGISTERED LAND

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 1.Officer’s return shall be submitted to Register of Deeds together with duplicate title
INVOLUNTARY DEALINGS 2.Register in registration book
– transactions affecting land in which cooperation of registered owner is not needed: it may even be against his will 3.Memorandum shall be entered in certificate as an adverse claim or encumbrance
4.After period of redemption has expired & no redemption (2 years from registration of auction sale) cancellation of
ATTACHMENT title & issuance of new one
•A writ issued at the institution or during progress of an action commanding the sheriff to attach the property, 5.Before cancellation, notice shall be sent to registered owner: to surrender title & show cause why it shall not be
rights, credits or effects of the defendant to satisfy demands of the plaintiff cancelled
•Kinds:
a .Preliminary ACTUAL KNOWLEDGE IS EQUIVALENT TO REGISTRATIONADVERSE CLAIM
b. Garnishment
c. Levy on execution 1.Make a statement in writing setting forth alleged interest, from whom acquired, how acquired, no of certificate of
land, name of registered owner, description of land in which right/interest is claimed – signed & sworn to
REGISTRATION OF ATTACHMENT/OTHER LIENS 2.Statement shall be entitled to registration as adverse claim on certificate of title
1.Copy of writ in order to preserve any lien, right or attachment upon registered land may be filed with Register of 3.Effective for 30 days from date of registration
Deeds where land lies, containing number of certificate of title of land to be affected or description of land 4.After 30 days, may be cancelled by filing of verified petition by party in interest
2.Register of Deeds to index attachment in names of both plaintiff & defendant or name of person whom property is •Any party may petition in court to cancel adverse claim
held or in whose name stands in the records •Court to grant speedy hearing
3.If duplicate of certificate of title is not presented: •If adverse claim is adjudged invalid – may be cancelled
a .Register of Deeds shall within 36 hours send notice to registered owner by mail stating that there has 5.No 2nd adverse claim based on same ground shall be registered by same claimant
been registration & requesting him to produce duplicate so that memorandum be made
b. If owner neglects or refuses – Register of Deeds shall report matter to court CHAPTER 14: REGISTRATION OF LIS PENDENS
c. Court after notice shall enter an order to owner to surrender certificate at time & place to be named
therein PURPOSE:
4. Although notice of attachment is not noted in duplicate, notation in book of entry of Register of Deeds produces keep subject matter within the power of the court until the entry of final judgment
effect of registration already •Therefore creates merely a contingency & not a liens

EFFECT OF REGISTRATION OF ATTACHMENT: EFFECT OF REGISTRATION:

1.Creates real right 1.Impossibility of alienating the property in dispute during the pendency of the suit – may be alienated but
2.Has priority over execution sale3.But between 2 attachments – one that is earlier in registration is preferred4.If purchaser is subject to final outcome of pending suit
not registered – actual knowledge is same as registration 2.Register of Deeds duty bound to carry over notice of lis pendens on all new titles to be issued

DUTY OF REGISTER OF DEEDS CANCELLATION OF LIS PENDENS:

•Basically ministerial but may refuse registration in ff circumstances:
1.Title to land is not in the name of defendant 1.Before final judgment – court may order cancellation after showing that notice I sonly for purpose of molesting an
2.No evidence is submitted to show that he has present or possible future interest in land adverse party or it is not necessary to protect rights of party who caused it to be registered
3.Unless: heir 2.Register of Deeds may also cancel by verified petition of party who caused such registration
3.Deemed cancelled when certificate of clerk of court stating manner of disposal of proceeding is registered
PROPERTIES EXEMPT FROM EXECUTION: Family Home
NOTICE OF LIS PENDENS IS AN INVOLUNTARY TRANSACTION
ATTACHMENT – How continued, reduced or discharged •Sufficient that there is entry in day book
•Any method sufficient in law
•Document to be registered OTHER PARTIES WHO NEED TO REGISTER:
1.ASSIGNEE IN INVOLUNTARY PROCEEDING FOR INSOLVENCY
1.EXECUTION SALE •Duty of the officer serving notice to file copy of notice to Register of Deeds where the property of debtor lies
•To enforce a lien of any description on registered land, any execution or affidavit to enforce such lien shall be filed •Assignee elected or appointed by court shall be entitled to entry of new certificate of registered land upon
with Register of Deeds where land lies presentment of copy of assignment with bankrupt’s certificate of title (duplicate)
•Register in registration book & memorandum upon proper certificate of title as adverse claim or as an encumbrance •New certificate shall not that it is entered to him as assignee or trustee in insolvency proceedings
•To determine preferential rights between 2 liens: priority of registration of attachment
2.TAX SALE JUDGMENT/ORDER VACATING INSOLVENCY PROCEEDINGS
•Sale of land for collection of delinquent taxes and penalties due the government •Order shall also be registered
•In personam (all persons interested shall be notified so that they are given opportunity to be heard) •Surrender title issued in name of assignee & debtor shall be entitled to entry of new certificate
•Notice to be given to delinquent tax payer at last known address
•Publication of notice must also be made in English, Spanish & local dialect & posted in a public & conspicuous place 2.GOVERNMENT IN EMINENT DOMAIN
in place wherein property is situated & at main entrance of provincial building •Copy of judgment file in Register of Deeds which states description of property, certificate number, interest
•Sale cannot affect rights of other lien holders unless given right to defend their rights: due process must be strictly expropriated, nature of public use
observed •Memorandum shall be made or new certificate of title shall be issued
•Tax lien superior to attachment
•No need to register tax lien because it is automatically registered once the tax accrues CHAPTER 15: TRANSMISSION BY DESCENT AND DEVISE
•But sale of registered land to foreclose a tax lien need to be registered
WHEN OWNER OF PROPERTY DIES
PROCEDURE OF REGISTRATION OF TAX SALE: – testate or intestate,

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 •Administrator shall file with Register of Deeds registration of property in his name to be vested with ownership as 3.Claimant is barred from filing action to recover said land
trustee so he can sell, etc, convey, etc 4.Action to recover from assurance fund has not prescribed
•Not necessary if already empowered in the will
LOSS/DAMAGES SHOULD NOT BE DUE TO FOLLOWING REASONS:
WHEN JUDICIAL PROCEEDING NOT NECESSARY 1.Breach of trust
•Heirs may partition estate immediately & no need to be burdened with cost/expenses of an administrator1.In 2.Mistake in resurvey resulting in expansion of area in certificate of title
absence of debts2.Heirs are all of legal age
LOSS/DAMAGES SHOULD BE DUE TO THE FOLLOWING REASONS:
PARTITION/SETTLEMENT OF ESTATE 1.Omission, mistake, misfeasance of Register of Deeds or clerk of court
2.Registration of 3rd persons as owner
1.JUDICIAL
•After entry of final judgment of partition, copy certified by clerk of court to be filed with Register of Deeds 3.Mistake, omission, misdescription in certificate of title, duplicate or entry in books4.Cancellation
•Each owner to gave separate certificate of title (duplicate)
•If ordered to be sold, purchaser shall be entitled to a certificate of title entered in his name upon presentment of AGAINST WHOM ACTION IS FILED:
order confirming sale 1.Action due to deprivation of land due to mistake, negligence, omission of Register of Deeds, etc – Register of
Deeds and National Treasurer as defendants; Sol-Gen must appear
2.EXTRAJUDICIAL 2.Private persons involved – should also be impleaded
a.Decedent died intestate
b.No debts LIABILITY:
c.Heirs are all of legal age, or minors represented by guardian 1.Satisfy claims from private persons first
•Heirs to execute public instrument to be filed with Register of Deeds 2.When unsatisfied – secondary liable is the National Treasurer who shall pay thru assurance fund; thereafter
•If disagree with each other, file in court ordinary action for partition Government shall be subrogated to rights of plaintiff to go against other parties or securities
•If there is only 1 heir, may adjudicate to himself entire estate via affidavit to be filed with Register of
Deeds MEASURE OF DAMAGES:
•If there is movables involved, bond to be filed equivalent to value of property as certified under oath by •Based on amount not greater than fair market value of land
parties conditioned upon payment if any just claim which may be filed by creditor within 2 years after •Amount to be recovered not limited to 500,000 which is maintained as standing fund
distribution •If fund is not sufficient, National Treasurer is authorized to make up for deficiency from other funds available to
•Publication in newspaper of general circulation for 3 weeks; not binding to those without notice Treasury even if not appropriated
•Final after 2 years
WHERE AND WHEN TO FILE ACTION AGAINST ASSURANCE FUND:
ORAL PARTITION, WHEN DEEMED VALID 1.Any court of competent jurisdiction – RTC in city where property lies or resident of plaintiff
•In provinces when person dies leaving property not covered by Torrens system – to avoid legal expenses, heirs 2.Action prescribes in 6 years from time plaintiff actually suffered loss3.If plaintiff is minor, insane or imprisoned –
make a list of property, pay off debts & assign to each has additional 2 years after disability is removed to file action notwithstanding expiration of regular period
•Statute of frauds – do not operate because it is not a conveyance but a separation of property and designation of
part which belongs to them CHAPTER 17: PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION

WILLS AND LETTERS OF ADMINISTRATION 1.LOST DUPLICATE CERTIFICATE

•Executor required to file with Register of Deeds a certified copy of his letters of administration or the will if there is
a will in order that Register of Deeds may register upon certificate a memorandum with reference to file no & date of
filing
COURT AUTHORITY NEEDED IN ORDER TO SELL
1.May be dispensed with if will empowers him sell
2.Without authority first secured, heir may sell subject to result of pending administration
CHAPTER 16: ASSURANCE FUND
•State creates a fund for the compensation of persons injured by divesting/cutting off of rights due to the
indefensibility of title; following that act of registration is operative act by which State transfers title; created to
relieve innocent persons from harshness of doctrine that certificate of title is conclusive evidence of an indefeasible
title to land.
•Upon entry of certificate in name of owner or TCT, ¼ of 1% shall be paid to Register of Deeds based on assessed
value of land – as contribution to assurance fund; if no assessment yet, sworn declaration of 2 disinterested persons
subject to determination by court.
•Money shall be under custody of the National treasurer; invest it until P+I aggregates to 500,000, excess shall be
paid to the Assurance Fund; annual report of Treasurer to Secretary of Budget
WHO IS ENTITLED:
1.Claimant must be owner, purchaser or encumbrancer in good faith who suffered actual damage by loss of land; in
short – he is deprived of his land or interest therein
2.No negligence attributable to him
•Sworn statement that certificate is lost to be filed by person in interest with Register of Deeds
•Petition to court for issuance of new title
•After notice and hearing – court to order issuance of new title with memorandum that it is issued in place of lost
certificate (duplicate)
•If false statement: complex crime of estafa thru falsification of public document
2.ADVERSE CLAIM IN REGISTERED LAND
•Whoever claims a better right or interest in a land adverse to the registered owner shall make written statement
alleging his right, how and when acquired with description of land
•Statement to be signed and sworn to
•Entitled to registration as adverse claim – noted on certificate of title
•If there is petition – speedy hearing, determine validity of adverse claim
•May be cancelled without court order; effective only for 30 days
•After cancellation, no adverse claim on same ground may be registered by same claimant
1.Adverse to registered owner
2.Arises after original registration
3.Cannot be registered under provisions of land registration act
•To be made on original certificate, to the duplicate is not necessary because no access
•Contracts of lease, contract to sell but prescription and money claims are not allowed
•Purpose: measure designed to protect the interest of a person over a property where registration is not provided
for by the land registration act; serve as notice and warning to persons subsequently dealing on said land
•Different with lis pendens: permanent; can only be removed after hearing is done but adverse claim is only for 30
days: lis pendens – notice that property is in litigation; adverse claim; somebody is claiming better right

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•Recent ruling: adverse claim can only be removed upon court order 3.PETITION SEEKING SURRENDER OF 5.Fraudulent sale: sale of mortgaged property under the misrepresentation that it is not encumbered; deceitful
DUPLICATE TITLE disposition of property as free from encumbrance: imprisonment of 3 years or fine not exceeding 2,00 or both at
•In voluntary and involuntary conveyances – when duplicate cannot be produced, petition in court may be filed to discretion of court
compel surrender of certificate of title duplicate to Register of Deeds
•After hearing, may order issuance of new certificate and annul the old certificate; new certificate shall contain CHAPTER 19: REGISTRATION OF PUBLIC LANDS
annotation re annulment of old certificate
PUBLIC LANDS
– all lands owned by the government
•Inalienable and alienable
4.AMENDMENT AND ALTERATION OF CERTIFICATE OF TITLE •Inalienable – public domain: timber and miner lands
•Alienable/ Disposable - public agricultural land
•A certificate of title cannot be altered, amended except in direct proceeding in court; summary proceeding
•Entries in registration books also not allowed to be altered except by order of the court PUBLIC LAND MAY BE ALIENATED, CONVEYED TO PRIVATE PERSON.
•Grounds:
1.New interest not appearing on the instrument have been created PROCEDURE:
2.Interest have terminated or ceased 1.Official issuing instrument of conveyance to issue instrument
3.Omission or error was made in entering certificate 2.File instrument with Register of Deeds
4.Name of person on certificate has been changed 3.Instrument to be entered in books and owner’s duplicate to be issued
5.Registered owner has married 4.Instrument – only contract between Government and private person and does not take effect as conveyance if
6.Marriage has terminated7.Corporation which owner registered land has dissolved and has not conveyed unregistered, it is registration which is operative act of conveying land; evidence of authority for Register of Deeds
the property within 3 years after its dissolution to register
•What corrections are permitted in title (which does not include lands included in original; technical description as 5.Fees to be paid by grantee
long as original decree of registration will not be reopened and rights or interest of persons not impaired; old survey 6.After issuance of certificate of title, land is deemed registered land within the purview of the Torrens system
was incorrect; substitution of name of registered owner)
1.Alteration which do not impair rights and NATURE OF TITLE TO PUBLIC LANDS CONVEYED: INDEFEASIBLE AND CONCLUSIVE
2.Alteration which impair rights – with consent of all parties •In absence of registration, title to public land is not perfected and therefore not indefeasible
3.Alterations to correct obvious mistakes •In case of 2 titles obtained on same date – one procured thru decree of registration is superior than patent issued
by director of lands
5.RECONSTITUTION OF ORIGINAL CERTIFICATE OF TILE •2 titles procured by one person – one from homestead patent, one from judicial decree & sold to 2 diff persons,
•As consequence of war – records have been destroyed one who bought it for value and in good faith & one who register first shall have preference
•When reconstituted – have same validity as old title
•Can only be done judicially by filing a petition for reconstitution with RTC CLASSIFICATION OF LAND OF PUBLIC DOMAIN:
•To be published in OG for 2 cons issues and on main entrance of municipality at least 30 days before hearing •Classification is exclusive prerogative of executive & not by judiciary
•In rem proceedings •Anyone who applies for confirmation of imperfect title has burden of proof to overcome the presumption that the
•Court to order reconstitution if it deemed fit; issue order to Register of Deeds land sought to be registered forms part of public domain (Regalian doctrine)
•Lack of essential data fatal
UNDER THE CONSTITUTION:
6.TRANSACTION EVIDENCED BY LOST DOCUMENT – HOW REGISTERED 1.Agricultural – only one subject to alienation
•Register of Deeds forbidden to effect registration of lost or destroyed documents 2.Forest or timber
•Steps by interested parties:1.Procure authenticated copy of lost or destroyed instrument2.Secure an order from 3.Mineral lands
court 4.National park

CHAPTER 18: FEES, OFFENSES, PENALTIES UNDER THE PUBLIC LAND ACT:
1.Alienable/disposablea.Agriculturalb.Residential, commercial, industrialc.Educational, charitabled.Town sites and for
•In connection with original and subsequent registration of lands – payable to Clerk of court, Register of Deeds, public and quasi-public uses
sheriff 2.Timber lands - inalienable3.Mineral lands inalienable
•Full payment of fees prerequisite to registration: at least the entry fee of 5.00, rest of the fees due payable within •If patent or title is issued – void ab initio for lack of jurisdiction
next 15 days •Not subject to acquisitive prescription; even if in possession for long time, will not ripen into ownership
•Except: mineral lands and forest lands acquired before inauguration of Commonwealth in November 15, 1935;
OFFENSES: vested rights which are protected
1.Larceny FISHPONDS
2.Perjury – false statement under oath Before: included in definition of agriculture, conversion of agricultural land to fishponds does not change character of
3.Fraudulent procurement of certificate: fine of not more than 10,000 or imprisonment of 5 years or both in land
discretion of court Now: restricted meaning; fishponds has distinct category; cannot be alienated but may be leased from government.
4.Forgery: fine of not more than 10,000 or imprisonment of 10 years or both in discretion of court
a.Forging of seal in Register of Deeds, name, signature or handwriting of any officer of court of Register of DIRECTOR OF LANDS
Deeds •Quasi-judicial officer
b.Fraudulent stamping or assistance in stamping •Findings of fact conclusive on higher court with absence of fraud, mistake other than error of judgment; but not
c.Forging of handwriting, signature of persons authorized to sign with regards to finding of law
d.Use of any document which an impression of the seal of the Register of Deeds is forged •Empowered to alienate and dispose lands

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MODES OF ALIENATING PUBLIC LANDS: •Pari delicto rule does not apply in void contract
1.Homestead settlement •Violation of prohibition results in void contract
2.Sale •Action to recover does not prescribe
3.Confirmation of imperfect or incomplete title
a.Judicial legalization HOMESTEADER
b.Administrative legalization •If he dies, succeeded by heirs in the application
•Lease not included since lease does not transfer ownership; free-title grant: free distribution of public lands to
encourage people to cultivate; government furnishes the applicant with tolls plus cash allowance to enable him to LEGAL RESTRICTION IN DISPOSITION BY NON-CHRISTIANS (CULTURAL MINORITIES)
cultivate •Conveyance is valid if able to read and can understand language where deed is written
•Otherwise, not valid unless approved by Commission on National Integration
CONFIRMATION OF IMPERFECT TITLE: •Safeguard is to protect them against fraud/deceit
1.Last extension granted by Government was until December 31, 1987
2.Right made available to person qualified to acquire alienable and disposable public land thru open, continuous, CHAPTER 20: CADASTRAL REGISTRATION PROCEEDINGS
exclusive, notorious (OCEN) possession under bonafide claim of ownership since June 12, 1945.
A .Prior to transfer of sovereignty from Spain to US, have applied for purchase but did not receive title, PURPOSE:
without default on their part provided they have occupied since their application •Another means to bring lands under operation of Torrens System
B .In OCEN possession since June 12, 1945 or earlier •Ordinary registration is slow for lack of initiative on part of landowners, innovation was conceived to hasten and
c. Members of cultural minorities in OCEN who has claim of ownership for at least 30 years accelerate registration
•Government initiates that all lands within a stated region are up for registration – whether or not owners are
MAX LAND THAT CAN BE APPLIED: 144 hectares interested to settle their titles
•In case of foreigner, sufficient that he is already Filipino citizen at the time of his application
•Corporation who has less 60% Filipino ownership cannot apply confirmation of imperfect title; can only lease NATURE OF PROCEEDINGS:
•In rem
PERSONS COMPETENT TO QUESTION LAND GRANT •No defendant & no plaintiff
•Persons who obtained title from State or thru persons who obtained title from State •Compulsory

PATENT PROCEDURE:
1.CADASTRAL SURVEY
WHEN IS GOVERNMENT GRANT DEEMED ACQUIRED BY OPERATION OF LAW: •In opinion of Phil president pursuant to requirement of public interest, title of land within a specified area
1.Deed of conveyance issued by government patent/grant needs to be settled and adjudicated
2.Registered with Register of Deeds – mandatory: operative act to convey & transfer title •Order Director of Lands to make survey and plan
3.Actual physical possession, open & continuous •Director gives notice to persons claiming interest in lands & to gen public of day of survey – published in
•Land ceased to be part of public domain & now ownership vests to the grantee OG and posted in conspicuous place on lands to be surveyed
•Any further grant by Government on same land is null & void •Geodetic engineers commences survey
•Upon registration, title is indefeasible •During survey, boundaries are marked by monuments
2.FILING OF PETITION
TITLE ISSUED PURSUANT TO REGISTRATION OF PATENT •After survey and plot been made, Director represented by Sol Gen institutes cadastral p roceeding by
1.Indefeasible – when registered, deemed incorporated with Torrens system; 1 year after issuance of patent filing petition in court against holders, claimants, possessors, occupants
2.May not be opened one year after entry by Land Registration Authority; otherwise, confusion, uncertainty & •Parcel of lots given their cadastral numbers
confusion on government system, of distribution of public lands may arise & this must be avoided Except: annullable 3.PUBLICATION OF NOTICE OF HEARING
on ground of fraud, may be reopened even after 1 year because registration does not shield bad faith •Court to order date of hearing
•Court in exercise of equity jurisdiction may direct reconveyance even without ordering cancellation of title •LRA to notify public by publishing notice 1x in OG and 1x in newspaper of general circulation & copy
mailed to person whose address is known & other copies posted in conspicuous place designated bylaw
AIM OF HOMESTEAD PATENT: 4.FILING OF ANSWER
•Benevolent intention of government to distribute disposable agricultural land to destitute citizens for their home •Any person claiming interest in any part of lands subject to petition is required to file answer
and cultivation •Answer must give the ff details:
•As a matter of public policy, may be repurchased even if after 5 years provided not for profit a.Age of claimant
•Right of repurchase not allowed if sold within family & not for cultivating or living but for speculation purpose b.Cadastral number of lot claimed
c.Name of barrio or municipality where lot is located
RESTRICTIONS: d.Name of owners of adjoining lots
1.Cannot be alienated within 5 years after approval of application for patent e.If in possession & without grant – no of years in possession
2.Cannot be liable for satisfaction of debt within 5 years after approval of patent application f.If not in possession – state interest claimed
3.Subject to repurchase of heirs within 5 years after alienation when allowed already g.If assessed of taxation – assessed value
4.No corporation, partnership, association may acquire unless solely for commercial, industrial, educational, religious h.Any encumbrances affecting said lots
or charitable purpose or right of way subject to consent of grantee & approval of Secretary of Natural resources 5.HEARING OF CASE
•In any convenient place where land lies
EXCEPTIONS: •Like an ordinary RTC trial
1.Action for partition because it is not a conveyance •Conflicting claims are determined
2.Alienations or encumbrances made in favor of the government •Lots claimed are awarded to persons entitles – if they could prove title
•If none could prove title – land is declared public domain
ERRED HOMESTEADER NOT BARRED BY PARI DELICTO 6.DECISION

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 •Claimants are notified of decision7.ISSUANCE OF DECREE AND CERTIFICATE OF TITLE
•Upon order of court, LRA to enter decree of registration
•Decree made basis for issuance of OCT
•Decree are now being directly prepared and issued on regulation forms of such certificate

NATURE OF TITLE COVERED BY 2 ACTS:

•Title in good faith & for value
•Errors in plan does not annul decree of registration
•Cancellation & correction is permitted

LAND ALREADY REGISTERED

•Jurisdiction is limited only to correction of technical errors
•Court cannot issue decree on land already decreed
•Revision of decree allowed when substantial rights are not impaired; what is prohibited is registered land to be
registered again in name of another
•Jurisdiction subsist to all incidental matters

CADASTRAL PROCEEDING COMPARED TO ORDINARY REGISTRATION

CADASTRAL ORDINARY
Party Initiating Government Private Individual
Subject Matter Private and Public Private Lands
Ownership Government does not assert Ownership is asserted
ownership Interested only in
settlement of titles
Survey Government undertakes survey On account of Owner
and advances expenses
As to risk In absence of successful claimant, Applicant has another chance
property goes to government to claim dismissal is without
prejudice

WHEN CAN CADASTRAL PROCEEDINGS MAY BE OPENED

•10 years up to Dec 31, 1968
•Unable to file their claim even while in possession granted right to petition for reopening of proceedings provided
such were not alienated, leased or disposed by government

CADASTRAL COURT DOES NOT AWARD DAMAGES, BUT MAY DIRECT SHERIFF TO DELIVER POSSESSION
•Provisions of land registration act applicable to cadastral proceedings

CHAPTER 21: SYSTEM OF REGISTRATION FOR UNREGISTERED LANDS

•System of registration for unregistered land under the Torrens System (ACT 3344)
•Before: covers voluntary dealings, now includes involuntary dealings
•Effect if prospective; binds 3rd persons after registration but yields to better rights of 3rd person prior to
registration (limited effect to 3rd parties)
•Reason: no strict investigation involved
•Subsequent dealings – also valid if recorded
•Register of Deeds keeps day book & a register; index system is also kept
•Procedure:
1.Presentment of instrument dealing in unregistered land
2.If found in order – registered
3.If found defective – registration is refused writing his reason for refusal

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