Académique Documents
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LAND TITLE – evidence of the owner’s right or extent of interest, by which he can maintain
control and as a rule assert right to exclusive possession and enjoyment of property
DEED – instrument in writing by which any real estate or interest therein is created, alienated,
mortgaged or assigned or by which title to any real estate may be affected in law or equity
Contents:
1. Grantor 4. Description of Property
2. Grantee 5. Signature of grantor
3. Words of grant 6. Witnesses
TYPES OF ESTATES:
a. Estate for years – lease for a period agreed upon, lessor retains ownership of
land
b. Tenancy from period to period – lease running from month to month or year to
year with automatic renewal
3. Registration of title
REGISTRATION guarantees the title but RECORDING does not; need to examine other docs
PURPOSE OF REGISTRATION:
1. Serve as constructive notice
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
ADVANTAGES:
1. Abolishes endless fees
7. It assures.
11. Furnishes state title insurance rather than private title insurance
12. Makes possible the transfer of titles or loans within hours instead days
PURPOSE OF TORRENS LAW: quiet title to land – once registered, owner might rest secure
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
6. Service of notice – contiguous owners, occupants & those who have interest in
property
1. PRIVATE LANDS
a. At least 60% Filipino to acquire private land
2. Description of land
3. Citizenship
4. Civil status
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
MUNIMENT OF TITLE – instruments or written evidence which applicant hold or posses to enable
him to substantiate & prove title to his estate
NOTICE IN CONSPICUOUS PLACE IN LAND & BULLETIN BOARD OF MUNICIPALITY – 14 days before hearing
REQUISITES OF OPPOSITION:
GENERAL DEFAULT is when no person appears and answers within time prescribed while
SPECIAL DEFAULT is when a party appears at initial hearing without having filed an answer and
asks court for time to file answer but failed to do so within period allowed
PROCEEDINGS FOR ORDINARY REGISTRATION (LAND REGISTRATION ACT) /PROCEEDING FOR JUDICIAL CONFIRMATION
OF IMPERFECT TITLE UNDER THE PUBLIC LAND ACT
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
DECREE – issued by LRA containing technical description of land; issued after finality of
judgment
JUDGMENT– decision of court constituting its opinion after taking into consideration the evidence
submitted
WRIT OF POSSESSION – order to sheriff to deliver the land to the successful party litigant; no
prescription
1. Against loser
2. Against anyone unlawfully & adversely occupying
WHEN WRIT MAY NOT ISSUE: when party entered into property after issuance of final decree, is not
an oppositor in registration proceeding, and is in possession of land for at least 10 years
2. Unlawful detainer
3. Accion publiciana
4. Accion reindivicatoria
RES JUDICATA:
3. Judgment on merits
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
1. MOTION FOR NEW TRIAL - must be brought within 15 days from notice of
judgment
GROUNDS:
a. Fraud, accident, mistake, excusable negligence which ordinary prudence
could not have guarded
Requisites:
a. Plaintiff is owner of land registered in name of defendant
available to party to case, FAME; after judgment; person deprived of right is party to case
available so long as property not yet passed to innocent purchaser for value; bad faith or
with notice of defect
TORRENS TITLE – certificate of ownership issued under the Torrens System of registration by the
government through road naming & declaring owner in fee simple of property described therein
free from all liens except those expressly noted
PROCESS:
1. Within 15 days from finality of order of judgment directing registration of title –
court to order LRA to issue decree of registration and certificate of title
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
4. Send to ROD – original & duplicate of title & certificate for entry in his
registration book
5. Enter in record book, dated, signed, numbered & sealed – take effect upon date
of entry
6. ROD to send notice to registered owner ready for delivery after payment of fees
7. ROD shall send duplicate & note on each certificate of title to whom it is issued
2. Subdivision plan – approval of NHA, final approval of LRA, then ROD to issue
memorandum that streets not to be disposed except by way of donation to govt. shall
be effected without approval of NHA
ANNOTATIONS AT BACK OF CERTIFICATE – need court order, otherwise null & void
OPERATIVE ACT – registration by owner; if deed is not registered, it is binding only between
parties
PROCESS OF REGISTRATION:
1. File instrument creating or transferring interest and certificate of title with ROD
a. Owner’s duplicate
b. Payment of fees & documentary stamp tax
c. Evidence of full payment of real estate tax
d. Document of transfer – 1 copy additional for city/provincial assessor
3. Issue TCT
VOLUNTARY DEALINGS:
need to present title to record the deed in registry & to make memorandum on title
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
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
5. Documents are numbered & indexed & indorsed with reference to certificate of
title– public records
KINDS:
1. Conventional – agreed upon by parties
ESSENTIAL REQUISITES:
1. Constituted to secure fulfillment of principal obligation
SPECIAL CHARACTERISTICS:
1. Subject matter is realty
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
2. Registration with ROD where the land lies & take effect upon registration
SUBJECT MATTER
• Real property plus all its accessions unless contrary is stipulated
FORMS:
1. Private document – void & inexistent
2. Public instrument but not recorded – binding between parties but not 3rd persons
without notice
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
a. Property is mortgaged
b. There is stipulation for automatic appropriation
4. Discharge
PARTIES IN FORECLOSURE SUIT: all persons claiming interest subordinate in right to mortgagee
FORECLOSURE
1. JUDICIAL
Procedure:
a. Mortgagee to petition in court for foreclosure
b. Court to render order for debtor to pay sum due within 90 days and if not paid
from date of service, property be sold at public auction
2. EXTRA-JUDICIAL
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
RIGHT OF REDEMPTION
• Payment of purchase price plus 1% per month plus taxes if paid by purchaser
DEED OF MORTGAGE: requires only description to enable parties & other persons to identify the
subject matter
2. Payment of fees
3. ROD enters in DAY BOOK in strict order of their presentation chattel mortgages & other
instruments relating thereto (primary process)
4. ROD thereafter enters in a more detailed form the essential contents of the instrument
in the Chattel Mortgage Register (complementary process)
EFFECT OF REGISTRATION:
1. Creates a lien – attaches to the property whoever holds it; binding on subsequent
purchasers
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
2. Constructive notice
Statement That –
1. Mortgage is made to secure obligation specified
2. Valid & just obligation
3. Not entered into for purpose of fraud
FORECLOSURE OF MORTGAGE
• There must first be non-payment & at least 30 days have elapsed since then
• Alternatives:
1. Judicial
2. Extra-judicial – only if there is stipulation/authority
PROCEDURE IN FORECLOSURE
1. Notice posted for 10 days in at least 2 public places in municipality where property is to
be sold designating the time, place and purpose of sale
3. Public auction
4. 30 days after sale, officer makes a return & file with ROD where mortgage has been
recorded
6. Proceeds to be applied:
a. Cost of sale
b. Amount of obligation
c. Subsequent mortgages
d. Balance – mortgagor
LEASE - one of the parties deliver possession of property to another who is obliged to pay rent
for use of such property
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
REGISTRATION OF LEASE
1. File with ROD the instrument creating lease together with Owner’s Duplicate of
certificate of title
EFFECT OF REGISTRATION:
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
ALIENS:
1. May be granted temporary rights for residential purposes
TRUST – obligation of a person to whom legal title to property is transferred to hold the property
according to confidence reposed in him
2 KINDS:
1. Expressed – need to be in writing; cannot be proved by parole evidence
2. Trust is for benefit of 3rd party while power of attorney is for benefit of principal
REGISTRATION OF TRUST
1. Sworn statement claiming interest by reason of an implied trust with description
of land & reference to number of certificate shall be registered in ROD
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
ATTACHMENT
• A writ issued at the institution or during progress of an action commanding the
sheriff to attach the property, rights, credits or effects of the defendant to satisfy
demands of the plaintiff
• Kinds:
a. Preliminary
b. Garnishment
c. Levy on execution
4. Although notice of attachment is not noted in duplicate, notation in book of entry of ROD
produces effect of registration already
DUTY OF ROD
• Basically ministerial but may refuse registration in ff circumstances:
1. Title to land is not in the name of defendant
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
3. Unless: heir
1. EXECUTION SALE
• To enforce a lien of any description on registered land, any execution or
affidavit to enforce such lien shall be filed with ROD where land lies
2. TAX SALE
• Sale of land for collection of delinquent taxes and penalties due the
government
• Sale cannot affect rights of other lien holders unless given right to
defend their rights: due process must be strictly observed
4. After period of redemption has expired & no redemption (2 years from registration of
auction sale) cancellation of title & issuance of new one
5. Before cancellation, notice shall be sent to registered owner: to surrender title & show
cause why it shall not be cancelled
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
PURPOSE: keep subject matter within the power of the court until the entry of final judgment ---
therefore creates merely a contingency & not a lien
EFFECT OF REGISTRATION:
1. Impossibility of alienating the property in dispute during the pendency of the suit – may
be alienated but purchaser is subject to final outcome of pending suit
2. ROD duty bound to carry over notice of lis pendens on all new titles to be issued
2. ROD may also cancel by verified petition of party who caused such registration
• Duty of the officer serving notice to file copy of notice to ROD where the
property of debtor lies
• Assignee elected or appointed by court shall be entitled to entry of new
certificate of registered land upon presentment of copy of assignment with
bankrupt’s certificate of title (duplicate)
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
1. In absence of debts
PARTITION/SETTLEMENT OF ESTATE
1. JUDICIAL
• After entry of final judgment of partition, copy certified by clerk of court to
be filed with ROD
2. EXTRAJUDICIAL
a. Decedent died intestate
b. No debts
Procedure:
• Heirs to execute public instrument to be filed with ROD
2. Without authority first secured, heir may sell subject to result of pending administration
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
• 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 ROD 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 principal plus
interest 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
3. Claimant is barred
from filing action to recover said land
4. Action to recover
from assurance fund has not prescribed
Cancellation
LIABILITY:
1. Satisfy claims from private persons first
2. When unsatisfied – secondary liable is the National Treasurer who shall pay thru
assurance fund; thereafter Government shall be subrogated to rights of plaintiff to go
against other parties or securities
MEASURE OF DAMAGES:
• Based on amount not greater than fair market value of land
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
• After notice and hearing – court to order issuance of new title with
memorandum that it is issued in place of lost certificate (duplicate)
• Contracts of lease, contract to sell but prescription & money claims not
allowed
• Different with lis pendens: permanent; can only be removed after hearing
is done but adverse claim is only for 30 days:
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
• Recent ruling: adverse claim can only be removed upon court order
• After hearing, may order issuance of new certificate and annul the old
certificate; new certificate shall contain annotation re annulment of old certificate
• Grounds:
1. New interest not appearing on the instrument have been created
• What corrections are permitted in title (which does not include lands
included in original; technical description as long as original decree of
registration will not be reopened and rights or interest of persons not impaired;
old survey was incorrect; substitution of name of registered owner)
1. Alterations which do not impair rights and
• Can only be done judicially by filing a petition for reconstitution with RTC
• In rem proceedings
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
• Full payment of fees prerequisite to registration: at least the entry fee of 5.00,
rest of the fees due payable within next 15 days
OFFENSES:
1. Larceny
PROCEDURE:
1. Official issuing instrument of conveyance to issue instrument
4. Instrument – only contract between Government and private person and does
not take effect as conveyance if unregistered, it is registration which is operative act of
conveying land; evidence of authority for ROD to register
6. After issuance of certificate of title, land is deemed registered land within the
purview of the Torrens system
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
• 2 titles procured by one person – one from homestead patent, one from judicial
decree & sold to 2 different persons, one who bought it for value and in good faith &
one who register first shall have preference
• Anyone who applies for confirmation of imperfect title has burden of proof to overcome
the presumption that the land sought to be registered forms part of public domain
(Regalian doctrine)
2. Forest or timber
3. Mineral lands
4. National park
1. Alienable/disposable
a. Agricultural
FISHPONDS
Now: restricted meaning; fishponds have a distinct category; cannot be alienated but may be
leased from government.
DIRECTOR OF LANDS
• Quasi-judicial officer
• Findings of fact conclusive on higher court with absence of fraud, mistake other than
error of judgment; but not with regards to finding of law
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
2. Sale
• 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 cultivate
PATENT
2. Registered with ROD – mandatory: operative act to convey & transfer title
• Land ceased to be part of public domain & now ownership vests to the
grantee
2. May not be opened one year after entry by LRA; otherwise, confusion,
uncertainty & confusion on government system, of distribution of public lands may arise
& this must be avoided
Except: annullable on ground of fraud, may be reopened even after 1 year because
registration does not shield bad faith
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
• As a matter of public policy, may be repurchased even if after 5 years provided not
for profit
• Right of repurchase not allowed if sold within family & not for cultivating or living but
for speculation purpose
RESTRICTIONS:
1. Cannot be alienated within 5 years after approval of application for patent
2. Cannot be liable for satisfaction of debt within 5 years after approval of patent
application
EXCEPTIONS:
1. Action for partition because it is not a conveyance
HOMESTEADER
• If he dies, succeeded by heirs in the application
PURPOSE:
• Another means to bring lands under operation of Torrens System
• Government initiates that all lands within a stated region are up for registration –
whether or not owners are interested to settle their titles
NATURE OF PROCEEDINGS:
• In rem
• Compulsory
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
PROCEDURE:
1. CADASTRAL SURVEY
• In opinion of Phil president pursuant to requirement of public interest,
title of land within a specified area needs to be settled and adjudicated
• Director gives notice to persons claiming interest in lands & to gen public
of day of survey – published in OG and posted in conspicuous place on lands to
be surveyed
2. FILING OF PETITION
• After survey and plot been made, Director represented by Sol Gen
institutes cadastral proceeding by filing petition in court against holders,
claimants, possessors, occupants
4. FILING OF ANSWER
• Any person claiming interest in any part of lands subject to petition is
required to file answer
5. HEARING OF CASE
• In any convenient place where land lies
• Lots claimed are awarded to persons entitles – if they could prove title
6. DECISION
• Claimants are notified of decision
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
• Revision of decree allowed when substantial rights are not impaired; what is
prohibited is registered land to be registered again in name of another
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CIVIL LAW (LAND TITLES) MEMORY AID ATENEO CENTRAL BAR OPERATIONS 2002
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
I In absence of successful Applicant has another chance to
claimant, property goes to claim is dismissal is without
government prejudice
• Persons claiming title but were unable to file their claim even while in
possession are 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
• System of registration for unregistered land under the Torrens System (ACT
3344)
• Effect if prospective; binds 3rd persons after registration but yields to better rights
of 3 person prior to registration (limited effect to 3rd parties)
rd
• ROD keeps day book & a register; index system is also kept
• Procedure:
1. Presentment of instrument dealing in unregistered land
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