Action for Reconveyance
How to prevent transfer of land to an innocent purchaser for value
● sec. 70 and 77
-register or annotate the notice of lis pendence
•lawyer of the plaintiff( one claiming ownership of the land) must file a
petition of registration or notice of Lis Pendens
Lis pendens=means the property is subject of litigation
•it will be written on the certificate of title
•in effect there will be constructive notice the land is the subject of claim
or interest of another person
•no person could claim good faith or has status of an innocent purchaser
for value
Where should the action be filed?
-It must be filed in the trial court where there is territorial jurisdiction of
the land
Bases or grounds for an action for reconveyance
•contractual fraud
•Reconveyance based on breach or violation of express trust
•reconveyance based on implied or constructive trust
•reconveyance based on a void contract
Contractual fraud=dolo causante=casual fraud
-one of the parties was induced by another to a contract thru insidious
words or machinations
-fraud in contracting the obligation
-contract becomes voidable, when there is vice or vitiation of consent
-action should annulment of contract and reconveyance
-until the contract is annulled it is valid
Breach of express trust
parties in Trust agreement
-trustor, trustee, beneficiary
-if the trustee registers the land in his name as the absolute owner
instead of registering the land merely as a trustee, there is fraud
=remedy is action for reconveyance based on violation of express trust
Implied or constructive trust
2 kinds of implied trust
•resulting trust= established by operation of law
Example=a person gives money to a friend or relative to buy land and
friend or relative used money to buy the land and register the land in his
name=resulting trust=reason the real person is the one who provided
the money
•person who provided the money can recover the land from the person
who registered
Remedy: action for reconveyance
•Constructive trust
Example: father/husband misrepresented in the affidavit for
adjudication that he was the only heir for his deceased wife. The
children being the compulsory heirs have the right to the property left
by their deceased mother ( Art. 1456)
Remedy=action for reconveyance
What are constructive trust
-they are created in equity in order to present unjust enrichment
-arise contrary to intention against one who by fraud duress or abuse of
confidence
Example: illiterate person ask somebody to register his property but
instead of registering the land in the name of the illiterate. The person or
friend register ls the land in his name (example of abuse of confidence)
General Rule: the prescriptive period is 10 yrs from the issuance of
Torrens Title
the 10 yr period is applicable when plaintiff is not in possession of
property
BUT when plaintiff is in possession the prescription period will not run
Reason: the action for reconveyance will be in the nature of
quieting title

Void contract Sec 32 Common Requirement of the party deprived may avail the
remedies
-on the ground that the certificate of title was obtained thru a fictitious
deed of sale •provided that the land must not be transferred or conveyed to an
innocent purchaser for value
•action should be nullification of contract
Definition of innocent purchaser for value/ purchaser in good
•what is a fictitious deed of sale faith/ purchaser for value
-it is absolutely simulated contract -one who buys property over another without notice that some other
•need first to nullifiy the contract then ask for reconveyance persons has a right to or interest on the property and pays full and fair
price on the property
Defense for action of reconveyance
Who are included/or may be an innocent purchaser for value
Prescription
-innocent lessee
•voidable contract is 4yrs from the date of registration
-innocent mortgagee
•express trust no prescription as long as the title is in the name of the
trustee -encumbrances holder/encumbrancer for value

(Trustor or beneficiary must file at any time the action for Purchaser in good faith
reconveyance) -person who bought the property without knowledge of the right or
•Void contract does not prescribe, as long as the contract is in the hands interest of another person in the land
who caused the nullity of the contract INNOCENT IS A STATE OF MIND
Implied trust Purchaser for value
-pays full price of the land at a fair price
•gross inadequacy of the price is not valid
How to determine a purchaser in good faith
-must have no knowledge or notice that another person has the right or
interest in the land
-he who asserts the status as an innocent purchaser for value has the
burden of proving such assertion
-this cannot be discharge by mere invocation of the legal presumption of
good faith
•cannot rely on the legal presumption of good faith
Sec 44 and 51 (Mirror Doctrine)
•mirror doctrine-rely on the title on the status and condition of title
General Rule: must rely on the certificate of title and he is in no way to
go beyond the certificate of title and search of vice or defect of his
predecessor in interest or transferor
Reason sec 44 and 51 registered owner who gets certificate of title gets
the land free form all liens and encumbrances
Exceptions where the land is free from all claims, liens and
encumbrances
•those that are noted thereon
•expressly reserved by law
•must be registered and annotated on the title
Exception to mirror doctrine
1. Where there are facts or circumstances which would put a
reasonable prudent man to inquire or investigate beyond the
certificate of title
Ex: buy a land from a seller who is not in possession of the land (
investigate the nature of the possession and occupation of the occupants
of land)
2 banks or financial institutions
-ordinary transfer, if the bank lends money and accept the land as
collateral, banks could not rely on the certificate of title
Voluntary transactions
Sec. 51=Owner may enter into voluntary transaction or dealings
Ex. Sale, donations mortgage, lease, assignment
-they are usually contracts
-they need to execute a deed
-there must be in the form prescribed by law
-comply with the statute of frauds
•Forms prescribed by law mentioned in PD 1529
*sec. 112
*sec. 55
Supposed the deed or instrument is not registered but it is
sufficient in law?
Under sec. 51( Par1)
-they shall operate as a contract between the parties and evidence by
deed in the authority of register of deeds to make registration
Ex: there is a deed of sale duly acknowledge by a notary public, that
serves as a document of the register of deeds to make to make
registration of the voluntary instrument (Sec. 51 Par1)
But (sec. 51 2nd par) the act of registration shall be the operative act to
covey or accept the land as far as the contracting parties are concerned
*if the document is not registered but it is sufficient in the forms
prescribed by law the contracting parties are bound but not 3rd parties,
but still the register of deeds must accept the document for it is only his
ministerial duty
Doctrine is well settled on attachment but the same rule applies,
levy on attachment ore execution duly registered takes preference
over the prior unregistered sale
*provided that the person who has preference is in good faith, for if he is
not, actual knowledge is equivalent to registration
Sec. 52 (Constructive Notice doctrine)
-if you deal with registered land, buyer must exercise diligence in
determining the status and condition of the property
-by inspecting OCT in the register of deeds to determine if there are
liens, encumbrance attach to the land
-invoke the mirror doctrine to be an innocent purchaser for value
*Supposed you were shown the owner's duplicate of title and there
was no notations of any liens encumbrances of 3rd person
-that wouldn't be sufficient
Reason: there could be involuntary transactions noted on the
original certificate of title and has not yet appeared on the owner's
duplicate
•doctrine of constructive notice
•purchaser is presumed to have examined the instrument affecting the
title such presumption is irrefutable he is charged with notice and
disclose, this presumption cannot be overcome by proof of innocence
nor be defeated by proof of knowledge
Basis: Sec. 52
One who buys someone who is not the owner or registered owner is not
an innocent purchaser in good faith, generally the contract is void,
because there is no consent from the real owner to the contract
Exception: Art. 1434
Person who is not the owner alienates, delivers the thing and
subsequent acquires title, such sale will be void
General Rule: Seller who is not the owner, cannot sell the property
or things
Voluntary instruments
1. Deed or instrumenr must be a registrable document (Sec. 51)
-it is considered a registrable document if the document complies with
the form prescribed by law
=Sec. 112 and 55
=it must acknowledge before a notary public
=if the document presented to the register of deeds is a public or
registrable document, the duty of the register of deeds becomes a
ministrial duty and he needs to register such document
2. The registrable deed must be accompanied by the owner's
duplicate certificate of title (sec. 53)
3. Full payment of registration fees
*For certain contracts like sale, adjudication estate, judicial adjudication
of estate. Register of deed would require a submission of CAR
(Certificate Authorizing Registration)
CAR is for transactions of sale, adjudication of estate regarding
settlement of estate
Reason: because you have to pay the taxes to BIR
BIR issues CAR
*technically speaking CAR is not a legal requirement such is only an
agreement between BIR and register of Deeds
Process of Registration (Sec. 56)
-after payment of fees, the document shall be entered in the primary
entry book
*Significance: it is only a preliminary process of registration and
once entered and noted in the primary entry book the document
and instrument is regarded as registered from the
Time it is noted or entered in the primary entry book and subsequently
the document noted on the certificate of title and shall bear the date of
the entry in the primary entry book
*when is the registration made
-as soon as it is entered in the primary entry book, the registration is
deemed accomplished
*Effect of registration or entry made in the primary entry book
-serves as constructive notice to all persons
*importance of the registration of instruments according to the
order of reception
-one of the purpose of registration is it creates or establishes priority in
rights
-by determining the order of reception seen in the primary entry book,to
see who has priority in rights
Significance of owner's duplicate certificate of title
-safeguard against fraud, protection of the registered owner from fraud
Reason: no voluntary transaction may be registered without the
production or presentation of owner's duplicate certificate of title
Sec. 53- effect of the owner's duplicate certificate of title is presented
together with a voluntary instrument shall be conclusive authority from
the registered owner to the register of deeds to render a new certificate
or memorandum in accordance with such instrument and the new
certificate shall be binding to the new owner and upon persons claiming
to be an innocent purchaser for value or in good faith
However any subsequent registration procured by forged duplicate
certificate of title shall be void including forged deed (Sec. 53 par 3)
-register of deeds cannot register the document
-reason: The law will not be permitted, allowed to be used as a shield for
the condition of fraud
Absolute rule: forged title is null and void
General Rule: Forged deed is nullity and conveys no title
Exception: Forged deed may be root of valid title
Provided the following requisites are present
-Registered owner delivers, entrusted or negligently lose duplicate
owners certificate of title
-Certificate of title is transferred from the name of the true owner to the
forger
-While it remained that way, land was subsequently sold to an innocent
purchaser for value (Mirror doctrine)
Basis: Eduarte vs CA
Can you acquire lands of public domain?
Only Filipino citizens and corporations under Section 2 Article 12 of the
Constitution
Exception
Aliens by hereditary sucession
Naturalized citizens under section 8 Article 12 of the Constitution
However, Filipino Corporations could not acquire lands of Public
Domain
They could only lease such land for a period of 25 yrs. the maximum area
would be 1,000 hectares
When is the Qualification of the person to own land?
Jurisprudence tells us that the reckoning point of the qualification is
from the time the person acquire or owns such land, not from the
moment of registration for registration merely confirms title to the land
Corporation Soul (lands of Church)
It is a religious corporation that is composed of only one person, who
vested with the right of purchase and hold real estate and register the
same in the trust in favor of the members of the organization, or
members of the faithful to which the corporation was organized.
Therefore it is not be treated as an ordinary private corporation, because
it has no nationality and such persons does not own such property, he
merely administers such land or property for he holds it in trust for the
members of the faithful or the religious society to which the organization
was organized
SC also held Roman Catholic Church is considered as an entity or person
to which the rights and privileges are granted by the corporation soul,
separate from the personality of the roman pontiff or the holy seal
What if the land was acquired by a foreigner?
SC held that foreigner could not acquire residential lands, for it is
considered a general type of land. A residential type of land is neither a
forest land, nor a timber and mineral lands, residential lands are
considered as agricultural land, therefor foreigners could not acquire
residential lands. An agricultural land covers residential, industrial and
commercial lands
What if the vendor is Filipino citizen who sold the land to a
foreigner? Can the Filipino recover the land?
SC held that the Fiipino who sold the land to a foreigner could recover
the land because of the rule of in pari delicto meaning both parties are
guilty of violating the constitution. The law will not aid any party who
are guilty of equal fault. Since the Filipino could not recover such land,
the State will recover such land through escheat or forfeiture
proceedings.
What if the land is acquired by a Filipino citizen with money from a
foreigner or alien? Is the sale valid?
SC held, it depends on the nature of acquisition, if the Filipino acquires it
in good faith and used it for his own purpose then such land is valid,
however if not and used it to circumvent the law, then such sale is not
valid for it is in violation of the constitution and the Filipino citizen can
be held liable under the Anti-Dummy Law.
How are the lands be conveyed?
Lands could be conveyed either by sale, donation or contracts or only a
portion of the land is conveyed.
What is the rule when there is annotations or attachment lien when the
property was sold that was annotated on the TCT?
They shall be carried over and shall be stated in the new TCT
Section 59. Carry over of encumbrances. If, at the time of any
transfer, subsisting encumbrances or annotations appear in the
registration book, they shall be carried over and stated in the new
certificate or certificates; except so far as they may be
simultaneously released or discharged.
What determines the land that is the subject of conveyance?
It is determined by the proper description of the land, otherwise there
would be no object if the land is not properly described for the object
under the civil code must be certain, it is certain when it is properly
described.
In case there is conflict between the description of the land
between area and boundaries?
The description of the land by boundaries shall prevail
Rules on Double Sale in immovable 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.”
-this applies to the second buyer who must prove he must be in
good faith in the acquisition of the land and register the land in
good faith
Exceptions
- The rule on double applies only to registrable land
Section 113. Recording of instruments relating to unregistered lands. No
deed, conveyance, mortgage, lease, or other voluntary instrument affecting
land not registered under the Torrens system shall be valid, except as
between the parties thereto, unless such instrument shall have been
recorded in the manner herein prescribed in the office of the Register of
Deeds for the province or city where the land lies.
(b) If, on the face of the instrument, it appears that it is sufficient in law,
the Register of Deeds shall forthwith record the instrument in the
manner provided herein. In case the Register of Deeds refuses its
administration to record, said official shall advise the party in interest in
writing of the ground or grounds for his refusal, and the latter may
appeal the matter to the Commissioner of Land Registration in
accordance with the provisions of Section 117 of this Decree. It shall be
understood that any recording made under this section shall be
without prejudice to a third party with a better right.
Meaning the person who has a prior right has a better right than the
registrant if the land involve is unregistered land
Another exception
If one of the sales is invalid, the rule on double sale would not apply
Another exception
If one of the instrument is registered in the wrong book of lands, then
the rule on double sale would also not apply, for such title or instrument
is legally defective, because it was registered in the wrong system of
registration
Another exception
If the land was sold by different seller, because only one of those sellers
are real owner (YOU CANNOT GIVE WHAT YOU DON’T HAVE)
Involuntary dealings
- Involuntary dealings with registered land are transactions where
the cooperation of the registered owner are not needed or
required it may even be against his own will
This include the following
 - The exercise the state on the right of eminent domain
- Lien over the land for non-payment of real estate taxes
- Lien created by judicial proceedings such as writ or preliminary
attachment and levy on execution
Writ of preliminary attachment-is issued at the commencement or
during the pendency of the action commanding the sheriff to attach the
property, rights, credits or effects of the defendant to satisfy the
demands of the plaintiff. It can be applied during the pendency of the
case
Levy on Execution-is issued after the final judgement and executory in
order to satisfy the judgement. To enforce the judgement
Purposes of attachment and execution
- They make a lien or encumbrance of the land
- They establish a security for the enforcement of the judgement
Encumbrance-is a burden on the land, depreciative on its value such as
a lien, easement or servitude
Lien- is a charge on the property usually for the payment of some debt
or obligation. It consists of the right of the judgement creditor or
attaching creditor to cause the sale of the land through public auction
sale and the proceeds of the sale applied to the judgement.
Tax sale proceeding- it is a proceeding in persona, the notice of levy of
the sale it must be served to the delinquent tax payer personally. In
order to give the tax payer the opportunity to be heard, the basis of tax
lien is Section 44 of PD 1529, it is a statutory lien.
Tax lien is superior to other lien, and statutory lien
Basis of the real estate tax is the assess value, it is a lower than the
appraise value and appraise value is lower than the actual or market
value of the property. The tax rate is 3% per annum
Section 76. 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, or other proceedings of any kind in court
directly affecting the title to land or the use or occupation thereof or
the buildings thereon, and no judgment, and no proceeding to vacate
or reverse any judgment, shall 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, as well as the
date of the institution thereof, together with a reference to the
number of the certificate of title, and an adequate description of the
land affected and the registered owner thereof, shall have been filed
and registered.
Notice of Lis pendens- the land is the subject of the case or litigation. It is
an announcement to the whole world that a particular land is subject of
litigation and serves as a warning to those that has interest over the
property does so at his own risk and gambles on the result of the
litigation over the property
Litis Pendentia- refers to a situation where two actions are pending
between the same parties for the same cause of action, so that one of
them becomes unnecessary and vexatious. It is a ground to dismiss the
second, similar to forum shopping
Function of notice of Lis Pendens
- To keep the subject matter of the litigation(land) within the
power of the court until entry of the final judgement to prevent
the defeat of the final judgement by successive alienation
- To bind the purchaser of the land subject of litigation to the
judgment or decree that the court will promulgate successively
Modes of Cancelling the Notice of Lis Pendens
- If the person who caused the notice to be registered files a
petition to cancel the such notice (voluntary desistance)
- By court order
 - Upon final judgement adverse to the plaintiff and in favor of the
defendant that terminates all the rights of the plaintiff
Section 77. Cancellation of lis pendens. Before final judgment, a
notice of lis pendens may be canceled upon order of the court, after
proper showing that the notice is for the purpose of molesting the
adverse party, or that it is not necessary to protect the rights of the
party who caused it to be registered. It may also be canceled by the
Register of Deeds upon verified petition of the party who caused the
registration thereof.
What if the seller refuses to deliver the owner’s duplicate certificate
of title?
By registering the affidavit of adverse claim in the register of deeds,
pursuant to section 70 of PD1529
Section 70. Adverse claim. Whoever claims any part or interest in
registered land adverse to the registered owner, arising subsequent
to the date of the original registration, may, if no other provision is
made in this Decree for registering the same, 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.
The affidavit must comply with the requirement set forth in section 70.
However the affidavit of adverse claim cannot be applied to purely
personal claims example: claim for attorney’s fees, for it is not a claim on
the land. Money claims and collection claims are also not considered.
Purpose of adverse claim, is measure for the interest of the person
over the piece of land where registration of such interest is not
otherwise provided by law and serves as notice and warning to third
parties dealing with such property that someone is claiming right or
interest or a better right than the registered owner
The fact that the adverse claim has been registered does not make such
claim valid nor is it permanent in character. Judicial determination on
the issue ownership is still necessary. It still needs litigation, in order to
know who is the real owner or has a better right
How may the adverse claim be cancelled?
Section 70. (2nd par) This statement shall be entitled to registration as an
adverse claim on the certificate of title. 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
canceled 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.
No petition on cancelling the adverse claim, the 30 day period will not
run.
What happens when the owners duplicate certificate of title is lost or
stolen?
File a petition of duplicate of certificate to title pursuant to Sec.109
of PD 1529, but before filing said petition you must first execute an
affidavit of lost and have it registered, because non registration of the
affidavit will not protect the real owner from an innocent purchaser for
value, for registration of the affidavit serves as a notice that the
certificate of title was lost. For if the owners duplicate that was lost was
used by a forger or any person, and subsequently sold the land to an
innocent purchaser for value, the real owner could not recover such land
because of his negligence (A Forged Deed of Conveyance May Be The
Root of a Valid Title)
Section 109. 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. ( this is not reconstitution but only replacement)
If the owners duplicate certificate is not actually lost but it is in the
possession of another person. The title issued will be void pursuant to
petition on replacement and duplicate will be void.
SC held that the certificate of title is not lost but is in the possession of
another person. Then the title is void because the court that has
rendered the decision has no jurisdiction over the case. So the
replacement title that was issued is null and void
Suppose what was lost was the original certificate of title that was in the
possession of the Register of Deeds?
The remedy is the reconstitution of title under Sec.110 of PD. 1529
Section 110. Reconstitution of lost or destroyed original of Torrens
title. Original copies of certificates of title 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 is hereby abrogated.
Reconstitution is the restoration of the instrument which is supposed
to be lost or destroyed in its original form and condition
Purpose of Reconstitution is to have the lost and destroyed original
certificate of title reproduce after proper proceedings of the same form
and condition as it was when the lost or destroyed has occurred
There is only one mode of reconstitution, and it is thru Judicial
Reconstitution under RA. 26 however there is also RA 6723, allowing
Administrative Reconstitution of Title.
Requirements for Administrative Reconstitution
- There must be substantial lost or destruction of the juridical title
due to fire, flood or other force majure
- The number of certificate of title that was lost or damage should
at least be 10% of the total number that is within the possession
of the register of deeds
- In no case shall the number of certificate title that was lost or
damage, be less than 500 titles
- Only the owner’s duplicate of certificate of title shall be the
source document for reconstitution
*if you do not have the owner’s duplicate certificate of title, the only
remedy available is the JUDICIAL RECONSTITUTION UNDER RA.26
Judicial Reconstitution under RA.26- it is a proceeding that partakes a
land registration proceedings, it is proceedings in rem. Therefore
publication is essential. If there is no publication and posting of notice
under RA.26, the court will have no jurisdiction and the title issued thru
the proceedings will be null and void.
It is also void, if the title reconstituted is not actually lost or destroyed
but is in the possession of another person such title will also be void
because the court has no jurisdiction.
Requirement for Judicial Reconstitution
- The original certificate of title was lost or destroyed
- The documents presented by the petitioner are sufficient and
proper, and must emulate under RA.26 as the source document
for reconstitution
- That the petitioner is the registered owner of the property and
has an interest therein
- The certificate of title was in force at the time it was lost or
destroyed
- That the description area, boundaries are substantially the same
as those that were contain in the certificate of title.
Public Lands and Land Patents is the fundamental policy of the state to preserve and keep the
family of the grantee the land under the Public Land Act, for it is
- Whenever public land is by government alienated, granted or the policy of such law to give land to the landless
conveyed to any person, the same shall be brought forthwith - Under the Public Land Act, prescription and laches are not
under the operation of this Decree applicable
Basis of the land registration in the name of the grantee After the period of 5 yrs., the owner may encumber such land and he is
- Land Patent also given 5 yrs of redemption because the Public Land Act was enacted
for their own benefit
Modes of acquiring lands under the PUBLIC LAND ACT
Supposed the land was mortgage or foreclose under Act.3135 the period
- By homestead settlement 1yr will be given to the person of redemption for the total of 6yrs.
- By sale
- By lease What are the effects of the encumbrance in violations of the
- By legalization of title restrictions imposed on the grantee?
 There is only one mode today and it is Judicial Confirmation of - The conveyance and the encumbrance is unlawful and void
Title - The conveyance and encumbrance annulling and cancelling the
land patent or the grant
How to become an owner on a property with a homestead patent?
- It provides a cause for the reversion of the property and its
- By presenting the homestead patent to the register of deeds improvements to the STATE
- Register the patent
The STATE may recover such land for the violations of the restrictions
- Paying the fees
through reversion suit or reversion case. The certificate of title will also
- A title will be issued
be cancelled.
 It is an administrative proceeding
Grounds for reversion suits
In sales Patent
- Any violation of the restrictions
- There would be an auction on the sale of the land
- If the land is non registrable such as land devoted to public use,
- The title will be issued in the name of the highest bidder
development etc
- Register the patent
- Failure of the grantee to comply with the conditions imposed on
- Pay the fees
such grant
- After the issuance of the title, it will be indefeasible after 1 yr.
- When the area of the land is an expanded area
If you are owner of the lands under the homestead or sales patent - If the land is acquired by violation of the constitution
(restrictions)
The Solicitor General will institute the case.
- The owner could not sell, mortgage or encumber the land within
Defenses not applicable to reversion suit against the STATE
5 yrs. from the issuance of the title. The reason of the restriction
 - Indefeasibility of title where the land is situated against the holders, claimants, possessors,
- Prescription of action or occupants of such lands or any part thereof, stating in substance
- Latches that public interest requires that the title to such lands be settled and
- Estoppel adjudicated and praying that such titles be so settled and
adjudicated
CADASTRAL PROCEEDINGS
3) Section 37. Answer to petition in cadastral proceedings. Any
Nature of Cadastral Proceedings claimant in cadastral proceedings, whether named in the notice or
- Judicial not, shall appear before the court by himself or by some other
- Proceedings in rem authorized person in his behalf, and shall file an answer on or before
- Involuntary the date of initial hearing or within such further time as may be
allowed by the court.
It is involuntary because the initiative or the institution or the filing of
the proceedings is with the State of Government. Persons are compelled 4) Section 38. Hearing, Judgment, Decree. The trial of the case may
to file to an answer, otherwise persons who has an interest of the land occur at any convenient place within the province in which the lands
will lose such land are situated and shall be conducted, and orders for default and
confessions entered, in the same manner as in ordinary land
The purpose of Cadastral Proceedings is to adjudicate title to lands as registration proceedings and shall be governed by the same rules. All
provided in Sec. 35 conflicting interests shall be adjudicated by the court and decrees
awarded in favor of the persons entitled to the lands or to parts
The titles issued in Cadastral Proceedings are the same as those titles thereof and such decrees shall be the basis for issuance of original
issued in ordinary land registration proceedings. certificates of title in favor of said persons and shall have the same
effect as certificates of title granted on application for registration of
Steps in Cadastral Proceedings
land under ordinary land registration proceedings.
1) It is initiated by the President to conduct the Cadastral Survey

Section 35. Cadastral Survey preparatory to filing of petition.

(a) When in the opinion of the President of the Philippines 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
description thereof prepared in due form

2) Section 36. Petition for registration. When the lands have been
surveyed or plotted, the Director of Lands, represented by the
Solicitor General, shall institute original registration proceedings by
filing the necessary petition in the Court of First Instance of the place