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Who can acquire?

Unregistered lands
Can corporation acquire land?
LRA and its functions
Who classifies the land?
Jura Regalia
Steps for Application for Registration
Importance of Notice, Publication, and Mailing
What is posted? (Notice of Initial Hearing, Petition)
Absence of one, the court loses its jurisdiction:
 Notice
 Publication
 Mailing
Who can file an answer?
If there’s no opposition or there’s no one who filed an answer, what happens?
Why is the granting of application isn’t automatic when it is default there’s no
opposition? – State will oppose because the State is not estopped to the
application because of Jura Regalia.
- Special and General Default
What is a decree of registration?
Who issues the certificate of Title? (ROD)
Difference of Title and Certificate of Title
Contents of the Decree of Registration
Who Issues the Decree of Registration?
Discuss the predecessor-in-interest
What is open, notorious, and continuous possession?
What is tacking?
When is possession open? Continuous? (actual possession) Exclusive?
Notorious?
Rules when two or more persons are applying for the possession of a land
What is this June 12, 1945?
Explain the bona fide claim. 06/12/1945
Open, notorious, continuous, and exclusive possession in the concept of an
owner
What about an agent?
What is prescription?
Difference of prescription and laches
Definition of navigable rivers
What is accession?
What is accretion?
Note: A person cannot acquire navigable rivers. A person can only acquire river
beds.
What is judicial confirmation of imperfect titles?
Meaning of IPRA
If you own a land, do you own the one below and above it?
If someone owns a parcel of land, and there’s gold, how can someone own it?
After the discovery of gold, is it automatic that it becomes mineral gold?
Can the president reclassify a commercial land or a forest land? – GR: yes,
because it is the executive function of the president. Excep: if it violates the
vested rights of individuals, the President must pay if he pursues.
According to the 1987 Constitution, how are lands classified?
How does Public Land Act classifies land?
What do you mean by a Reclaimed land?
How can land be reclaimed?
Can the reclaimed land be acquired by private ownership?
Specific evidences of ownership – COR Torrens System, Tax Declaration,
Certificate of Title
If there are discrepancies with the area (between the area) stated on the title and
tax declaration, which should govern? Certificate of Title, area
Distinguish government lands from public lands
Can government lands be acquired with prescription?
What do you mean by cadastral proceedings?
What do you mean by tacking possession? – adding of possession since
06/12/1945
Significance of 06/12/1945
How can river beds be acquired?
Who is Robert Torrens? Nationality?
What are the principles of Prior est temporae and Prior est in Jura?
Caveat
What is an innocent purchaser?
What is ______ possessoria?
What is the difference between judicial registration and administrative
registration?
What is res judicata?
Homestead patent?
Administrative grants?
Explain Krivenko Doctrine.
When can aliens acquire lands?
Will the Certificate of Title becomes indefeasible after one year – Yes, 1 year
from the __________.
Available remedies for registration
Grounds available for an appeal?
What is reversion?
Reconveyance (prescriptive period of 4 years) ; (Certificate of Title becomes
indefeasible after 1 year) – is this inconsistent (fraud)
Number of LRA’s and ROD’s
July 17, 2018
Difference between reconveyance and reversion.
What is the prescription period for reconveyance?
How can the court acquire jurisdiction over a parcel of land?
The court needs jurisdiction for reconveyance.
For reconveyance, is it an action in rem or in persona?
Enumerate the 14 steps.
Requisites of right to accretion.
Pacto de Retro (Sale with Redemption)
Who acquires the right, the vendor or vendee?
Vendor can reacquire the land. How?
Importance of setting the date of hearing.
Grounds for the opposition.
Where is the conspicuous place?
Can the decree of registration reopen?
What do you mean by incontrovertible decree of Registration?
Explain an incontrovertible decree of Registration after one year from the date of
entry on the Book of Registration and filing for reconveyance with prescriptive
period of four years.
Is it important that the court has jurisdiction in an action for reconveyance?
Who is the lawyer representing the State? (SolGen)
What is an innocent purchaser for value?
Does he need to research information about the property?
What are the rules for banks?
What is a Certificate of Title?
Extrinsic Fraud
What is the remedy when there are actual discrepancies in its boundaries?
(COT, Area)
Sec. 32 – In question – Decree by the aggrieved party within one year on the
grounds of actual fraud.
How do you reconcile the action for reconveyance with the prescriptive period of
four years?
Court acquires jurisdiction over the person for reconveyance of property.
Reconveyance – ownership is in question and how the person acquired such
property
What are the properties not susceptible to registration?
All public lands cannot be registered. Is it true?
What is patrimonial property?
Requisites before the rivers can be registered.
Note: All waters belong to the State. (seas, rivers, creeks)
Foreshore can be acquired by lease.
Abandoned river beds can be acquired.
What is a riparian owner?
Does the law protect the riparian owners?
Who may apply for registration?
Does the additional land by accretion automatically added to the registration? (It
needs to be registered under the Torrens System and can be acquired by
prescription by a different person.)
To whom does the identifiable land belong to by right of accretion?
Can it be acquired through prescription?
What is a Decree of Registration?
What are the contents of the Decree of Registration?
Can the Decree of Registration be issued right away?
Difference between prescription and laches.
What is the prescriptive period of a private citizen to possess a forest land even
in the concept of an owner?
How does the Constitution classifies land?
- Agricultural
- Forest Lands
- Timber
- Natural Parks
When can the Decree of Registration be issued? (After the judgement has been
final and executory within 15 days.)
Can it be reopened? (Sec. 32)
What are the grounds for reopening? (Actual Fraud..)
Exception for the reopening?
GR: Cannot be reopened.
EXC: Within the year, but not later than one year on the ground of Actual Fraud
by the aggrieved party.
EXC to the EXC: When the ownership is transferred to an innocent purchaser for
value, the aggrieved party can no longer recover the said property.
What is an innocent purchaser for value?
What is its remedy? (Seek damages from the person who committed the actual
fraud, if he can’t pay - Assurance Fund)
What is MR?
Grounds for MR. (FAME)
When should it be filed?
Difference between the COT and the title itself.
Requisites for review.
Can two or more persons file ownership for a parcel of land?
Can one person file for several parcels of land?
Corollary
How should the court decide? Either deny or grant the petition.
Can the court issue a partial judgement? (Yes.)
Is partial judgement not allowed in registration proceedings?
How is an appeal perfected?
When does it happen?
After one year, can the aggrieved party file an action for reconveyance?
Grounds for the appeal.
Is it necessary that there’ll be minerals before it can be declared mineral land?
How about forest lands? Agricultural lands?
What is Naguit Doctrine?
Who declares land as alienable and disposable land?
Malabanan case – same as the Naguit case. What is the difference between the
two cases?
What are the rules in the Malabanan case?
What is res judicata?
Accretion – Is it sudden or gradual?
How can a person acquire a river bed?
What is the remedy when the ownership of a property in question have been
transferred to an innocent purchaser for value? (File damages against the person
who’ve caused the loss of the property in question.)
What if the other party is insolvent? Does it still have a remedy?
What is an Assurance Fund? Who holds this fund?
Where does the Assurance Fund comes from?
What is MR?
What do you mean by fraud, by accident, excusable negligence?
Define each.
Relevance of laches.
What is caveat emptor?
Minimum certificates of title for 10 co-owners. (Only one unless the other co-
owners requests a copy.)
What if the certificate of title got lost? What will you do?
Rule in selling a co-owned land.
Will you sell it jointly?
What happens to the title?
What is consolidation of titles?
How do you split and how do you consolidate titles?
Reiterate Sec. 32 and its remedies.
Assurance Fund – held by the government for those who have lost their
properties and the one who caused it is insolvent
File a claim against the treasurer.
New trial, MR, appeal – pertains to the registration cases
Sec. 32 – after the registration has been adjudged.
Questions the decree itself
Private individual can’t file reversion.
Only the State represented by the Sol. Gen.
Reconveyance is very far from Reversion