A LAND REGISTRATION IS A PROCEEDING IN REM

- A proceeding is in rem when the object of the action is to bar indifferently all who might be minded to
make an objection of any sort against the right sought to be established, and if anyone in the world has a
right to be heard on the strength of alleging facts which, if true, show an inconsistent interest.
- Section 2 of PD1529, expressly states that judicial proceedings for the registration of lands shall be in rem
and shall be based on the generally accepted principles underlying the Torrens system.

DUTYO F THE RD – ministerial

- Registration is a ministerial act by which a deed, contract or instrument is sought to be inscribed in the
records of the office of the RD and annotated at the back of the certificate of title covering the land
subject of the deed, contract or instrument.

- It has been held in Baranda vs Gustilo (165 SCRA 757) that the function of the RD with reference to the
registration of deeds, encumbrances, instruments and the like is ministerial in nature. He may not validly
refuse to register a deed of sale presented before him for registration. Whether a document is valid or not
is not for the RD to determine; this function belongs properly to a court of competent jurisdiction.

ORDER OF THE ISSUANCE BY FINAL DECREE

- The judgment rendered in a land registration case becomes final upon the expiration of 15 days, no longer
30 days, to be counted from the date the party concerned receive notice thereof. Upon the finality of the
judgment, it devolves upon the land registration court to issue an order of the issuance of a decree, and
the Land Registration Authority, pursuant to said order, to issue the corresponding decree of registration
to the person entitled thereto or his successor-in-interest.

WHAT ARE THE REMEDIES AVAILABLE TO AN AGGRIEVED PARTY WHEN LAND WAS FRAUDULENTLY
ADJUDICATED AS PROPERTY OF ANOTHER?

- The following are the remedies available to an aggrieved party in a case of fraudulent registration
a) Petition for review of decree
b) Action for reconveyance
c) Action for damages
d) Claim against Assurance Fund

Other remedies are:

a) Action for cancellation and reversion instituted by the government, through the SG
b) Annulment of Judgment
c) Criminal Prosecution
PROBATIVE VALUE OF CERTIFICATE OF TITLE

- A certificate of title serves as an indefeasible title to the property in favor of the person whose name
appears therein, and is conclusive as to the identity of the land and also its location. Its ownership cannot
be lost through prescription.
- The title becomes indefeasible and incontrovertible one year from its final decree. It is generally a
conclusive evidence of the ownership of the land referred therein. A strong presumption exists that the
title was validly and regularly issued. The validity of the certificate of title can be threshed out only in a
direct proceeding filed for the purpose.