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Adverse claim –– Section 70 claim by filing with the Register of Deeds a

Section 70. Adverse claim. Whoever sworn petition to that effect.


claims any part or interest in registered
land adverse to the registered owner,
When an affidavit of an adverse claim may
arising subsequent to the date of the
be registered:
original registration, may, if no other
1. Whoever claims any right or interest
provision is made in this Decree for
over registered land,
registering the same, make a statement in
2. The claim must be adverse to the
writing setting forth fully his alleged right or
registered land
interest, and how or under whom
3. Such claim must arise subsequent to
acquired, a reference to the number of
the date of the registration
the certificate of title of the registered
4. There no other provision in the law for
owner, the name of the registered owner,
registering the adverse claim.
and a description of the land in which the
right or interest is claimed.
So, what is it that must be registered?
The sworn-statement. In practice, it is called
The statement shall be signed and sworn affidavit of adverse claim.
to, and shall state the adverse claimant's
residence, and a place at which all However, the right or interest must be clearly
notices may be served upon him. This specified. The Register of Deeds has the
statement shall be entitled to registration authority to determine sufficiency of the
as an adverse claim on the certificate of adverse claim in accordance with the legal
title. The adverse claim shall be effective requirements provided in Section 70. Failure
for a period of thirty days from the date of to state (for example how the allege interest
registration. After the lapse of said period, was acquired) may render the adverse claim
the annotation of adverse claim may be non-registrable and ineffective.
canceled upon filing of a verified petition Example:
therefor by the party in interest: Provided, Can you register a contract to sell
however, that after cancellation, no even when the buyer has already paid the
second adverse claim based on the same purchase price? No, because it is not a
ground shall be registered by the same conveyance for there is a reservation of
claimant. ownership. What is required is a deed of
absolute sale. But even if there is a deed of
Before the lapse of thirty days aforesaid, absolute sale, when the owner’s duplicate is
any party in interest may file a petition in not presented with the deed, it still cannot be
the Court of First Instance where the land is registered.
situated for the cancellation of the A land can be a subject of double or
adverse claim, and the court shall grant a multiple sale, the same land may be sold by
speedy hearing upon the question of the the seller to another person and the second
validity of such adverse claim, and shall buyer in good faith who registers the land.
render judgment as may be just and Who is the owner? The seller, under the rule
equitable. If the adverse claim is adjudged on double sale.
to be invalid, the registration thereof shall
be ordered canceled. If, in any case, the QUERY: So how do you prevent third persons
court, after notice and hearing, shall find from acquiring the land in good faith? (Eh
that the adverse claim thus registered was hindi mo nga mairegister yung deed of sale)
frivolous, it may fine the claimant in an ANSWER: You must register the affidavit of
amount not less than one thousand pesos adverse claim. And once registered, it serves
nor more than five thousand pesos, in its as a constructive notice to all persons that
discretion. Before the lapse of thirty days, the land has already been purchased by the
the claimant may withdraw his adverse affiant. So, third persons already have
knowledge of the sale and therefore cannot
invoke good faith. The buyer is now 2. Owner’s duplicate of Certificate of
protected by this rule. Title
Such may be lost or destroyed –– nawala,
After you register the affidavit of adverse inanay o inanod ng Ondoy
claim, one must then:
1. File a case; and Section 109. Notice and replacement of
2. Annotate the notice of lis pendens lost duplicate certificate. In case of loss or
And of course, affidavit of adverse claim theft of an owner's duplicate certificate of
cannot cover claims that have no bearing title, due notice under oath shall be sent by
on the land. Similar to a notice of lis pendens, the owner or by someone in his behalf to
where it must involve a right or interest in the the Register of Deeds of the province or
land. If the claim does not involve the land city where the land lies as soon as the loss
(for example commission of an agent of or theft is discovered. If a duplicate
owner of the land, or fees for legal services) certificate is lost or destroyed, or cannot
such cannot be registered, the claim must be produced by a person applying for the
either affect title or be adverse to the entry of a new certificate to him or for the
registered owner to be the subject of registration of any instrument, a sworn
adverse claim. statement of the fact of such loss or
destruction may be filed by the registered
May an adverse claim be cancelled? owner or other person in interest and
Yes. The law provides for a 30-day period. But registered.
cancellation must be brought to court and
not before the Registered of deeds as Upon the petition of the registered owner
established in the case of Sajonas vs. CA. or other person in interest, the court may,
Because an adverse claim does not make after notice and due hearing, direct the
the claim valid nor is it pertinent in character issuance of a new duplicate certificate,
for judicial determination on the issue of which shall contain a memorandum of the
ownership is still necessary. Now the SC said fact that it is issued in place of the lost
that while the law states that the effectivity duplicate certificate, but shall in all
date? Of the registration of an adverse claim respects be entitled to like faith and credit
is only within 30 days, nonetheless a petition as the original duplicate, and shall
to cancel must be filed with the court, it is for thereafter be regarded as such for all
the court to order the cancellation –– purposes of this decree.
annotation thereof remains, and a petition
for cancellation is necessary. Otherwise, the If what is lost or destroyed is the ODCT, what
description of the adverse claim will continue will be the remedy? Section 109.
as a lien on the title of the land. To limit within  File a petition for the replacement of
30 days the effectivity of an adverse claim owner’s duplicate
will defeat the very purpose for which the  Procedure: File affidavit of lost after
remedy of description of adverse claim. registration such, file the petition to the
Hence, the sheriff’s levy on a property court, hearing, no need for publication
already covered by an adverse claim is of initial hearing since mere posting will
subservient to such claim. suffice the requirement
 Effect of issuance of Replacement
So, how may an affidavit of adverse claim be copy: Shall be in all aspects be entitled
cancelled? Only through court order –– di to like faith and credit as the original
pwedeng thru register of deed lang, at di duplicate and thereafter be regarded
pwedeng thru a petition lang as such
What is the effect if the OD is not actually lost
Two (2) copies of Certificate of Title: but in the hands of a third person, what
1. OCT happens to the replacement title that is
issued? Replacement title is null and void.
 Reconstitution –– means the
Straight times vs. CA (?) restoration of the instrument which is
New Durable company vs. CA supposed to be lost or destroyed to
If the CT is not lost, but in fact in the possession its original form
of a third person, then the  Purpose: to have the lost or
reconstituted/replacement title is void destroyed OCT reproduced after
because the court has rendered a decision proper proceedings with the same
with no jurisdiction over the case. form and condition as it was before
the loss or destruction
Section 110. Reconstitution of lost or
destroyed original of Torrens title. Original Kinds of Reconstitution
copies of certificates of title lost or 1. Judicial
destroyed in the offices of Register of  Pertains the nature of a land registration
Deeds as well as liens and encumbrances proceeding, it is in rem that is why the
affecting the lands covered by such titles requirement of the publication and
shall be reconstituted judicially in notice of hearing is important; also, the
accordance with the procedure service of hearing to adjoining owners
prescribed in Republic Act No. 26 insofar as  Law enumerates the documents which
not inconsistent with this Decree. The may be the source of judicial
procedure relative to administrative reconstitution; it depends on the type of
reconstitution of lost or destroyed title (OCT or Transfer CT)
certificate prescribed in said Act is hereby  The SC in several cases, to name
abrogated. Republic vs. Catamban(?), enumerated
the requirements before the order of
Notice of all hearings of the petition for reconstitution may be ordered by the
judicial reconstitution shall be given to the court:
Register of Deeds of the place where the i. CT have been lost or destroyed
land is situated and to the Commissioner of ii. Documents presented are sufficient
Land Registration. No order or judgment and proper to warrant reconstitution
ordering the reconstitution of a certificate iii. That petitioner is the registered owner
of title shall become final until the lapse of of the property or who has an interest
thirty days from receipt by the Register of therein
Deeds and by the Commissioner of Land iv. Certificate of title lost or destroyed
Registration of a notice of such order or was enforced at the time of its lost or
judgment without any appeal having destroyed
been filed by any of such officials. v. That the description, area and
boundaries are substantially the
If what is lost is the OCT same as those contained in the loss
 Notice to solicitor-general is not or destroyed certificate of title
required; not imposed by law  Failure to comply with publication and
 The remedy is Reconstitution f posting of notices is fatal to the
lost/destroyed OCT provided in jurisdiction of court. Complaince with RA
Section 110 in relation to RA 26. 26 is required.
 Originally, there was only one mode 2. Administrative
of reconstitution and that is through  Congress passed RA 6723 allowing
judicial reconstitution under RA 26. administrative reconstitution, no need to
This is in the nature of an ordinary file a petition before the court, only
land registration case which requires needs to file a petition before the
publication to confer jurisdiction over Register of Deeds
the court that would hear the  Administrative reconstruction may be
petition for the reconstitution. availed of subject to the following
Requirements:
i. That there must be substantial loss or to affect and convey the land, and in all
destruction of OCT due to fire, flood cases under this Decree, registration shall
or other force majeure as be made in the office of the Register of
determined by the administrator of Deeds of the province or city where the
the LRA; land lies. The fees for registration shall be
ii. The number of certificates of title lost paid by the grantee. After due registration
or damaged should be at least 10% and issuance of the certificate of title,
of the total number of titles in the such land shall be deemed to be
possession of the office of the ROD; registered land to all intents and purposes
iii. In no case shall the number of under this Decree.
certificates lost be less than 500
certificates of title This section pertains to the administrative
iv. Source of reconstitution is the ODCT. registration proceeding; what is covered are
(This is the only source, or else, you public lands alienated by government to
cannot have the administrative qualified persons.
reconstitution)
 Law also was given retroactive What is registered is actually the patent, of
application in cases 15 years course this is under the Public Land Act ––
immediately preceding 1989. homestead patent and sales patent. (Free
patents are inexistent already)

If OCT is not actually lost or destroyed, the Once patent is presented to the ROD, that is
reconstituted title is void as land registration registered already. Before registration, the
court had no jurisdiction over suit for the land patent serves only as an instrument of
reconstitution of title. conveyance from government to the
grantee. But once registered and after
PUBLIC LANDS AND LAND PATENTS payment of required registration fees, the
Section 103. Certificates of title pursuant ROD must issue the COT. The title is then,
to patents. Whenever public land is by the indefeasible within one (1) year from the
Government alienated, granted or issuance of the land patent.
conveyed to any person, the same shall
be brought forthwith under the operation RA 1023 –– land patent for residential lands
of this Decree. It shall be the duty of the (In Metro Manila, 200 sq. meters, basis here is
official issuing the instrument of alienation, the possession and occupation of the land)
grant, patent or conveyance in behalf of
the Government to cause such instrument Lands covered by patent (homestead/sales
to be filed with the Register of Deeds of patent) are covered or subject to restriction
the province or city where the land lies, of alienation or encumbrance. So, the land
and to be there registered like other may not be sold or mortgaged by the
deeds and conveyance, whereupon a grantee within 5 years from the issuance of
certificate of title shall be entered as in the patent. The restriction is a mandatory
other cases of registered land, and an requirement which would render the same or
owner's duplicate issued to the grantee. encumbrance void which can be subject to
The deed, grant, patent or instrument of and escheat or reversion suit. The underlying
conveyance from the Government to the reason is the fundamental policy of the state
grantee shall not take effect as a to preserve and to keep in the family of the
conveyance or bind the land but shall grantee the public land grant, that portion of
operate only as a contract between the the public domain which the state has
Government and the grantee and as gratuitously given to him. Because the policy
evidence of authority to the Register of under the Public Land Act is “Land for the
Deeds to make registration. It is the act of Landless.”
registration that shall be the operative act
BEGIN AGAIN WITH RIGHT TO REPURCHASE OF
THE GRANTEE THE LAND
CONVEYED/ENCUMBERED. STOPPED AT
2:07:35