LAND TITLES and DEEDS f. Notarial acknowledgment.

(PD 1529, Sec 112)

Private land ownership, the manifestation of which is the actual possession over the 4. Registration – entry made in the registry which records solemnly and
land. Such control, however, is only temporary and can only be effective while the permanently the right of ownership and other interests.
person asserting ownership is in actual possession of the land and no one is
Lands
successful in ejecting him therefrom.
1. Classification

a. Movable/immovable;
Land titles emanate from the State. Thus, a private individual can only acquire
ownership over land by purchase from or grant by the government. (Regalian b. Private/public –determines mode of acquiring ownership;
Doctrie; Art. XII, Sec. 2 & 3)
c. Four constitutional classifications

i. Forest/timber
Exceptions:
ii. Mineral
1. Possession of land from time immemorial by the claimant or his
predecessors-in-interest. Such possession raises the presumption that the iii. Agricultural lands
property had been privately owned even before the Spanish occupation
(Carino v Insular Government). Upholds what has been termed as “native  Only property categorized as agricultural lands are
title.” capable of private ownership.

2. Ecclesiastical property. The King of Spain decided that he was not the iv. National parks.
ecclesiastical property. Thus, the US could not have entered ownership over
such lands upon the cession of Spain. d. Alienable and disposable land of the public domain

Definition of Terms Inalienable land of the public domain

1. Land – the solid part of the surface of the earth. e. Registered/unregistered land (already private lands).

2. Land title – evidence of the rights of the owner/extent of his interest and by
which means he can assert control and has right to exclusive possession and
enjoyment thereof. 2. Non-registrable lands

3. Deed – written instrument of conveyance of land, tenement, etc. Must a. Those dedicated to general/public use;
contain:
b. Lands devoted to public service;
a. Names of the grantor and the grantee;
c. Public forests/timberlands/forest reserves;
b. Words of grant;
d. Navigable rivers, streams, and creeks;
c. Description of the land involved;
e. Lakes;
d. Signature of grantor;
f. Reservations;
e. Attestation of two witnesses ;
 g. Coastlines;

h. Grazing lands; 5. Principles regarding registration

i. Alluvial desposits when man-made; a. Registration MERELY CONFIRMS title to land. It does not grant
the title.
j. Lands already registered.
b. Does not validate an invalid document nor cure its legal defect.

e.g. donation without acceptance

3. Legal Systems of Transferring Lands
fictitious deeds of sale
a. Transfer of title from owner to owner (physical);
c. Not a mode of acquiring ownership
b. Registration/recording of deed of conveyance;
d. Does not give a registrant a better right if registration in bad faith.
c. Judicial declaration of transfer.
e. Ineffectual if accomplished under the wrong system of registration.

 Because a person who wishes to investigate the property would

4. Purpose and effects of registration not be able to properly investigate the registration. Thus
constructive notice does not apply.
a. To quiet title to lands: Legards and Prieto v [something]. The
primary purpose is to finally settle title to land except to claims f. Immovable property and real rights can be subject of registration.
raised and recognized at the time of registration or which may arise
subsequent thereto.

b. To relieve lands of unknown liens or claims, just or unjust: Liens, 6. Modes of Acquiring Ownership. (Article 712, CC)
claims, encumbrances must be noted on the Certificate of Title
otherwise they would produce no effect.

c. To prevent fraudulent claims: Unless a claim is registered, you 7. Modes of Acquiring Title to Land
cannot pursue the same.
a. Government grant
d. To establish priority in rights: First registrant in good faith has
priority right, better even than a person who purchased the Public land is transferred to a private individual by express or
property first. implied grant;

e. To create an indefeasible/imprescriptable title: Registration of title b. Prescription/adverse possession

cannot be defeated by other proofs of ownership. Further,
A person in possession of land becomes the owner of property
ownership can no longer be acquired by prescription or adverse
after 10/30 years of OCEAN possession (does not apply to
possession.
registered lands);
f. Notice to third persons: Constructive notice.
c. Accretion/accession
g. To provide stability in land ownership: The establishment of a
The accessory follows the principal, anything
permanent assurance fund.
produced/procured/attached to land belongs to owner of the land;
 d. Reclamation  Registration = Notice

The method of filling submerged land and asserting title thereto. Notice = Knowledge
Only the government can assert ownership over reclaimed land
Thus to such persons, the purpose of registration is more
 Chavez v PEA-AMARI than accomplished. Actual knowledge prevents him from
becoming an innocent purchaser for value (henceforth,
1. Submerged areas; status IPfV).

Such areas cannot be transferred or conveyed. They remain

inalienable until reclaimed AND classified as alienable land
10. Land Registration Authority (LRA)
2. Foreshore land (land which is submerged during high tide) is
ALWAYS inalienable land of the public domain. But where a. Functions and duties
reclamation is undertaken, the old foreshore land can become
alienable land because it can no longer be validly considered i. Issue decrees of registration;
foreshore land.
ii. Cause register of deeds (RD) to issue Certificates of Title
e. Voluntary transfer (CoT);

Transfer of land by a legally prescribed form iii. Resolve cases elevated en consulta;

Registration is necessary to transfer property iv. Exercise executive supervision over court personnel viz
registration of land;
Unregistered transfer does not affect 3rd persons;
v.
f. Involuntary alienation;
vi.
g. Succession.
vii.

viii.
8. Torrens System of Land Registration
b. Central repository of all registration decrees.

c. Register of Deeds
9. Unregistered Sale/Mortgage of Real Property
i. The duty of an RD to register registrable instruments (as
a. Will not bind persons EXCEPT: per requirements of Sec 112 and 55 of PD 1529. (1)
Public instrument; (2) Name and nationality of grantee
i. The parties to the contract; must be stated) is ministerial;
ii. Heirs of contracting parties (relativity of contracts); ii. Where the RD is presented with a registrable instrument,
he MUST register the deed despite any knowledge of
iii. Third persons with actual knowledge/notice of the invalidity of the instrument. He cannot go beyond the four
transaction corners of the instrument presented to him.
  period of reckoning is now “since 12 June 1945.” and no
longer “for thirty years.”
11. Petition for registration of Land
 only applies to alienable and disposable lands of the
a. Judicial proceeding; public domain
b. Proceeding in rem  Period of filing (Sec. 47): Up to 31 December 2020,
proviso: applies only to application covering lands up to 12
i. Jurisdiction over the res is acquired by virtue of
hectares.
publication of the Notice of Initial Hearing

ii. Binds all person and any judgment rendered therefrom  Who may file for JCT?
binds the whole world.
1. Pinoys who have been in possession
c. Jurisdiction of RTC as a court of general jurisdiction and a land
2. Private corporations/associations who acquired from
registration court no longer has distinction;
private citizens.
d. Jurisdiction of first level courts in land registration/cadastral cases.
3. Natural born Pinoys who have lost their citizenship
i. Lots over which there is no controversy
 Allegations/conditions to be proven:
ii. Contested lots the value of which is not more than P100K.
1. Land applied for is alienable and disposable land
 This jurisdiction is delegated by the SC of the part of of the public domain
the RTC’s jurisdiction. Thus any appeal involving
a. Evidence necessary to prove land is
jurisdiction in a land registration/cadastral case is to the
alienable
CA.
i. Presidential
e. Modes of Land Registration
Proclamations/General
i. Judicial Confirmation of Title (JCT) (Section 48(b), Orders/Administrative Orders
Public Land Act) issued by DENR Secretary

1. Confirmation of incomplete title ii. Certification by the Director of

Forestry
2. Ordinary land registration proceedings
iii. Legislative Acts: Republic v
3. Cadastral proceedings Vega - True copy/certification
from the DENR Secretary of
 IPRA is not a distinct mode. It only the original classification.
gives the indigenous people the choice
between (1) and (3). iv. Survey plan (to identify the
land)
 in rem proceeding, judicial in nature;
v. Technical description of the
 “... where titles have not been perfected or completed ...” land
 vi. Any proofs or evidence of the
boundaries of the land.
vii. Testimonial/documentary:
Declaration should be that the
land was alienable &
disposable should be from 12
June 1845 or earlier.
2. Applicant has been in possession and occupation
of the land in OCEAN since 12 June 1945.
a. Definition of possession and occupation
The two terms are not synonymous. The
applicant must not only be in
constructive possession of the land.
Actual possession is necessary.
b. Character of occupation
i. Open (i.e. Apparent)
ii. Continuous
iii. Exclusive
iv. Notorious (i.e. Known among
the inhabitants of the place)
 When the conditions in 48(b) are met,
the person acquires a right tot he
issuance of a government grant by
operation of law. The land ceases to be
of the public domain and is beyond the
power of the Director of Lands to
dispose.
3. Applicant must also prove identity of the land.
(Survey plan)
ii. Administrative
Covers public lands where the grantee is given a land
patent (e.g. sales patents, homestead patents, etc)
12. Private Corporations & Associations
a. Cannot Acquire alienable and disposable lands of the public
domain. Can only lease for a period of 25 years (renewable for
another 25 years) and only up to 100K hectares.
b. A corporation, however, can obtain from a private person land
which has already been segregated from alienable and disposable
lands of the public domain.
13. Ordinary/Voluntary Land Registration
a. Procedure (PD 1529)
i. Survey of the land  survey plan
ii. Survey plan must be approved by the Land Management
Bureau which issues the technical description of the land.
iii. Filing of the application  Serve a copy of petition with
the Director of the LMB.
iv. Setting of date of initial hearing  Notice of Initial
Hearing (service by publication, mail, and posting)
v. Service of notice to contiguous owners
vi. Oppositors may file Answer/Opposition
vii. Hearing/Presentation of evidence
viii. Promulgation
ix. Court issues Order to LRA to issue Decree of
Registration)
x. Entry of decree and issuance of CoT.
xi. Transmittal to RD for recording
xii. RD to send notice to applicant
b. Who may file?
c. Material and substantial allegations vi. Must be proved by certification by Administrator and
Sheriff concerned, affidavit of publisher, clippings, copy
i. Description of land of the paper itself.

ii. Citizenship of applicant g. Filing of opposition

iii. i. State all objections to the application

iv. Names and addresses of the occupants of the land and the ii. Person filing must claim an interest in the land.
adjoining land owners or the efforts exerted to discover
the same.  Always seek an Order of General Default to declare in
default all persons who did not appear at initial hearing.
v. Civil status.
h. Default
d. Where
i. Effects
RTC (file all muniments of title)
ex parte presentation of evidence by applicant
e. Transactions pending registration
3rd persons lose their standing in court upon Order of
i. Allowed: Sale, mortgage, lease, etc. Default
ii. No need for buyer to be substituted. Buyer need only file ii. Remedy – Motion to Set Aside
the Deed of Sale and ask the court to rule based on such
Deed. Motion for Reconsideration/Motion for New
Trial/Petition for Relief
f. Initial hearing
Appeal
i. 45 to 90 days from Notice
 Under Sec 31 and 32 of PD 1529
ii. A mode of acquiring jurisdiction not only over the parties
but also over the res. Petition to ReOpen Decree of Registration

 likened to summons Action for Reconveyance

iii. Hearing is necessary for procedural due process Action for Damage

iv. Notice of initial hearing must be published once in OG Claim Against Assurance Fund
and once in a newpaper of general circulation in the
Philippines Action to Nullify Title of Registered Owner (if
applicable)
v. Two-fold purpose;
i. Judgment
1. To acquire jurisdiction
i. Court may render partial judgment where only a portion is
2. To apprise the world of pending hearing contested
 ii. Must determine all conflicting claims of the parties  Laches and prescription do not apply to land registration cases.

iii. Must consider: evidence

reports of LRA and LMB 14. Petition to ReOpen (Sec 32)

iv. Confirm title of applicant a. Ground

j. Order When a person is deprived of land, estate, or any interest therein,

by a DoR by ACTUAL FRAUD.
i. Court shall issue an order for the issuance of the Decree
of Registration (DoR) and CoT.  exception: When an IPfV has already obtained the property or
any interest therein
ii. No need for a Motion for Execution. The court itself
issues the order.  Actual fraud (Case of Heirs of Manuel Roxas): Intentional
fraud by concealment or misrepresentation which prevents a party
k. Decree of Registration from participating in court or is kept from presenting its whole
case.
i. Must contain date, time, and hour of registration
b. When
ii. Must state
One year from judgment ordering the decree of registration.
1. Name of the owner

2. Civil status  Grant of reopening of decree is appealable.

3. Description of the land

4. Liens and ecumbrances, if any, in accordance 15. Action for Reconveyance

with their relative priorities.
a. When the land has been wrongfully registered under the Torrens
iii. Based on dispositive portion of judgment System and for as long as title stands with the person who made
such transfer to the prejudice of the former.
l. “Decree of registration shall bind the land”
b. Period: One year after the DoR.
i. The decree shall tie the land to the Torrens System
c. The action respects the title but seeks to transfer it to the rightful
ii. Decree of registration shall be conclusive upon all owner.
persons.
d. Ordinary in personam civil action.
 Rule 39 does not apply to land registration cases.
e. Available only when the property has not been transferred to an
m. May the Administrator refuse to issue DoR? IPfV. If it has, the remedy would be for damages.

i. Yes, when there is already an existing DoR.  To forestall any transfer to IPfV, file and register a Notice of
Lis Pendens.
ii. Yes, when land subject of judgment is inalienable land of
the public domain. f. Filed with the RTC with territorial jurisdiction.
 g. Grounds: a. Conditions:

i. Contractual fraud: fraud which vitiates consent of party i. Plaintiff has been wrongfully deprived of title
resulting in a voidable contract
ii. There has been no negligence on the part of the plaintiff
ii. Breach of an express trust
iii. Reconveyance is no longer available.
iii. Violation of implied or constructive trust
iv. Action for damages has not prescribed.
iv. Void contract
b. Land has been transferred to an IPfV.
h. Defenses available to defendant:

i. Prescription of action
17. Innocent Purchaser for Value
1. Voidable contract – 4 years from date of
discovery; registration, 4 years from registration a. Legarda v CA
(i.e. because registration is notice and therefore,
registration is discovery) One who buys property of another without notice that another
person has a right to or interest in the property and who pays full
2. Express trust – will not prescribe for as long as and fair price for the same at the time of the purchase or before he
title remains in the name of trustee or his assigns, receives such notice of such right or claim.
etc.
i. Good faith
3. Void contract – does not prescribe as against the
person responsible for the void contract. One who conscientiously abstains from taking undue
advantage of another.
4. Implied/constructive trust – 10 years from
issuance of CoT. ii. “purchaser”

Refers as well to lease, mortgage, or encumberance for

 Proviso: 10 year period applies only
value (e.g. attaching creditor, levying judgment creditor)
when there is actual need for
reconveyance. But where the person iii. “innocent”/ “purchaser in good faith”
seeking reconveyance is in possession
of the property, the 10-year-period does Refers to a person who has no notice or knowledge of the
not run because the action in such a interest or right of another person
case is, in effect, an action for quieting
of title which is imprescritible. iv. “purchaser for value”

 e.g. Marquez v CA One who pays IN FULL (at the time of the sale or before
notice of adverse interest) the FAIR PRICE of the
Judge Serrano, “Eto yung kaso nung property.
amang swapang.”
 He who asserts IPfV must prove the same. Invocation
of good faith cannot be relied upon.
16. Action for Damages
 b. A person can claim the status of IPfV by relying on the Original
Certificate of Title found in the custody of the RD. If there is no
claim, lien, or interest in the land noted on the CoT, then the
person can claim IPfV status. (i.e. the Mirror Doctrine)
 Exception to the Mirror Doctrine:
1. Spouses Mathay v CA
The principle does not apply where the person
has knowledge of facts and circumstances which
would impel a reasonably prudent man to
investigate further into the title of the seller.
Otherwise, he is negligent and is precluded from
invoking the status of IPfV.
2. Banks and Financial institutions – a bank’s
business is so impressed with public interest that
it cannot rely merely on the CoT. It must make
its own investigation over the land.
18. Certificate of Title
a. Certificate of ownership issued by RD under TS registration
naming and declaring the owner in fee simple of the property
mentioned therein free from all liens and encumberances save
those noted therein or provided for by law.
b. Final and conclusive as regards matters contained therein.
c. When there are two CoT’s in the name of 2 different people over
the same piece of land
i. CoT with the earlier date shall prevail.
ii. Where property has been subsequently transferred:
1. “The better rule is to trace the original CoT’s
from which the CoT’s in dispute were derived.”
(Spouses Mathay v CA)
Problem: S sold property to B, B without notice of any claim over the
property. B then sold the property to C who knew of a claim by A against S
over the property. A claims against S & C.
Answer: C has a better claim. In a sale, the buyer steps into all the rights
and obligations of the seller. B, being an IPfV, had title which could not be
defeated by A. Thus, C acquired the rights of an IPfV notwithstanding any
actual knowledge of the adverse claim of A.
19. Subdivision and Consolidation of Title
a. Subdivision
Where the owner has his property subdivided into smaller lots.
i. Administrative; owner files a request with RD with a
subdivision plan and technical description. Each new lot
would be covered by its own CoT.
ii. Types
1. Simple: involves 7 or less subdivisions, approval
of the Administrator
2. Complex: involves more than 7, approval of the
HLURB.
b. Consolidation
Owner has several parcels of land under different CoT to be put
under one CoT. Cannot be used for land-grabbing purposes.
20. Registered land cannot be subject to prescription
a. Flows from the imprescriptibility of title.
b. Extinctive prescription: registered owner’s right to recover
possession from an occupant does not prescribe.
c. Who else can invoke imprescriptibility?
Heirs of the registered owner.
d. Can laches be invoked against the registered owner?
No. Laches cannot be set up to resist an imprescriptible right.
(Heirs of Nieto v Meycauayan)
 a. From the moment when the registration is made, the whole world
is considered as having knowledge of what the registration
21. Collateral attacks contains. Everyone is charged with the knowledge of the contents
of the Book of Registration.
a. CoT cannot be subject to a collateral attack.
b. A buyer is irrefutably presumed to have examined all pertinent
b. Attack on a CoT can only be made records of the land sought to be purchased.
i. S claims title v B claims title of S void in an ejectment suit

 This is a collateral attack. While a court can
provisionally determine ownership, any such
determination cannot be used to nullify the title of S. It is
only a provisional determination.
ii. S v B in an accion publiciana
 Same as above.
iii. S claims title of B is void v B claims title in an action to nullify title.
24. Obligations of a Prospective Buyer
a. While a person may rely on the OCT, he must
i. Identify the person with whom he is dealing
ii. Determine the status and condition of the property
1. The TCT may be clean but the OCT may have
been annotated with liens and encumberances.

 This is a direct attack. The ultimate goal is for the iii. Exercise due diligence
nullification of the title.
 Where a person who does not own a thing sells and
Exception: In (ii), where S claims title but B files a counterclaim contesting delivers the same but later on gains title thereto, such title
that title, the counterclaim is considered a direct attack since the passes by operation of law.
counterclaim is an independent action. (Case of Spouses Sacramento)

25. Right of preference (Sec. 56)

22. Voluntary Dealings
a. RD will maintain a Primary Entry Book and all instruments will be
a. Sell, mortgage, lease, donate, convey, etc. recorded therein. The date, hour, and minute will be noted which
shall be the time of registration. It is at such time that constructive
b. Through the execution of Deeds/Contracts (comply with Sec 112 notice is deemed made.
& 55, PD 1529 to be registrable). Such deeds and contracts are
only proofs of authority to RD to effect registration. It is the act of b. The person whose registration is earlier would have preference
registration which is the operative act to convey or affect the land over the land.
as to 3rd persons.

 But where a party has actual knowledge of the unregistered

contract, the same shall be binding on him. Actual knowledge is 26. Requirements for registration
equivalent to registration.
a. The deed/instrument/document must be sufficient in law (i.e.
comply with 112 and 55).

23. Constructive Notice

 b. Deed of conveyance must be accompanied by owner’s duplicate 28. Presentation of owner’s duplicate CoT. (Sec 53)
CoT (ODCoT).
a. Serves as conclusive authority to make registration.
Sec 71: Registered owner may be compelled to produce the
ODCoT. b. Forged deed of conveyance.

c. Full payment of registration fee. i. Forged deeds which are registered are null and void and
do not convey title.
 By MOA, a certification from the BIR that the applicant has
paid the necessary transfer taxes is required before registration ii. A CoT mahy be issued to the forger since the act of
may be allowed. registration is ministerial. For as long as the deed is
registrable and is accompanied by a genuine ODCoT.

iii. Forged deeds may nonetheless be the source of a valid

27. Requirement of citizenship title.

a. Krivenko v Register of Deeds of Manila: Only public Where the title was transferred from the name of the true
agricultural land may be alienated and only to qualified persons. owner to the name of the forger and, subsequently, was
transferred from to an IPfV.
i. Lands are classified as forest/timberland, mineral lands,
and agricultural lands.  Eduarte v CA

b. Can a Filipino seller recover the property sold to a disqualified The doctrine that a forged deed may be the source of a
buyer (i.e. an alien)? valid title flows from the negligence of the real owner.
While there may be two innocent persons, between the
No. Doctrine of pari delicto. The property would be forfeited. two of them, the one who made the fraud possible must
bear the loss.
c. When are the qualifications determined?
c. Forged ODCoT
At the time of the transfer of rights, not at the time of registration.
Cannot be the source of valid title because it gives no authority to
d. When an alien sells land to Pinoy, can there be recovery? the RD to register the conveyance. The RD is conclusively
presumed to know.
No. The public policy sought to be served has already been
accomplished.

e. Filipino by naturalization? 29. Conveyance/Transfer

No recovery where acquisition was after naturalization. Where it a. Where conveyance is only of a portion:
was before or during the process of naturalization, recovery is
possible. i. RD merely notes conveyance on OCT.
f. Where the sale is to a Pinoy in favor aliens? ii. Seller and buyer request for subdivision.
The sale is void. b. Sec. 59
 Annotations on the OCT will be carried over to new OCTs arising i. Effect: creates a lien or an encumbrance on the property
from conveyances and transfers while the encumberance is which follows the property.
subsisting.
1. Lien: a charge on the property usually for the
payment of some debt or obligation. A
proprietary right which may be exercised over
30. Double Sale (Art. 1544, CC) the property of another.

a. Movable: first to take possession in good faith 2. Encumberance: burden upon land depreciative of
its value which though adverse to the interest of
b. Immovable the owner, does not hinder the right of the owner
to transfer.
i. Person acquiring in good faith who first registers
ii. Once the order is entered into the Daily Book, the
ii. In the absence of (i), ownership to person who first takes
attachment is deemed registered.
possession in good faith

iii. In default of either (i) or (ii), oldest title in good faith

Exception:  What if the property is made subject to several attachments/levies on

execution?
 G.R. No. 171008, Fudo v Catleya. Where one sale is valid, the
D holds title to a piece of land worth P20M subject to the following:
other is invalid, there is no double sale.
1. In X v D, a Writ of Attachment for P8M was registered on 13
 If registration of one of the sale is accomplished in the wrong
January 2002.
system.
2. In Y v D, a Levy on Execution for P5M was registered on 5
e.g. registration for registered land was made in the book
March 2005.
for unregistered land.
3. In Z v D, a Writ of Execution for P3M was registered on 30
January 2007.
 viz. PD 1529, 113(b): Any recording made under this section shall not An execution sale was conducted in August 2009 to satisfy the Writ of
prejudice a 3rd person who has a better right. Execution in favor of Z. Since the judgment for Y is already final and
executor, can the property be sold in execution sale?

1. The determination of preferential right is not by the date of execution sale

c. The same property is sold by multiple vendors.
but the date of the registration of encumberance or lien.

2. The property can be sold in an execution sale but what can be purchased
31. Involuntary dealings is merely the right of redemption since they are merely junior lien holders.
As such, any execution sale in favor of the senior lien holder (i.e. X) would
Transaction where the cooperation of the registered owner is not required. retroact to the date of the registration of the attachment.

a. Attachment/Levy on Execution 3. Thus, Y and Z can be paid their judgment credits by exercising their right
of redemption and then turning around to another seller.
 2. To bind a purchaser of the land to the judgment
or decree which may be issued.
 Notice to counsel of a previous lien does not taint the right of the client
to whom it was not communicated. v. Cancellation

1. By plaintiff upon verified petition.

b. Tax sale 2. By court order after hearing where the

annotation is found to be only for the molestation
The delinquent taxpayer can only be deprived of his property if he of the property owner or where the annotation is
is served with the Notice of Sale. Cannot effect the rights of other not needed to protect the rights of the claimant.
lien holders.
d. Affidavit of Adverse Claim (Section 70)

i. Claim adverse to registered owner

 Period of redemption will not run until the registration of the Certificate
of Sale. ii. Claim arose subsequent to original registration

 In involuntary dealings, the registered owner would not surrender the
ODCoT. Remedy? Depends on the nature of the principal action:
1. Where the property is intimately related to the principal action, remedy is
a mere motion with the same court to direct the RD to cancel the title of the
registered owner.
iii. No other provision in PD 1529 is sufficient to protect the
claim (i.e. the claim for one reason or another cannot be
litigated yet).
iv. Can be cancelled in 30 days but such cancellation must be
made through a Petition for Cancellation. (Sajonas v CA)

2. Where the property is not related to the principal action, as in when the 32. Petition for Replacement of Lost or Destroyed ODCoT
property is acquired through execution sale, remedy is to file a separate
Petition to Cancel ODCoT. (Sec. 107) a. File an affidavit of loss

b. Procure a certified true copy from the RD

c. Lis Pendens c. Loss or destruction must be proved otherwise the order and the
replacement ODCoT will be null and void.
i. Pending suit or litigation

ii. An announcement to the whole world that the subject real

property is under litigation. A warning that anyone who 33. Petition for Reconstitution
takes an interest does so at his own risk.
a. OCT in the custody of the RD was lost or destroyed.
iii. Can only be availed of in cases under Sec 156. Does not
b. Reconstitute title in its original form.
need a court order, simply file a request with the RD.
c. 2 modes:
iv. Two-fold purpose
i. Judicial (RA 26)
1. Property subject of the litigation will remain
under the power of the court. 1. Just like original registration
 2. Enumeration of proofs in Secs. 2 & 3 is
exclusive.

ii. Administrative (RA 6723)

1. Substantial loss or destruction due to fire, flood,

or other force majeure as determined by LRA.

2. Number of CoT lost or destroyed at least 10% of

the total number in the custody of the RD.

3. In no case is the number of CoT lost or destroyed

is less than 500 certificates.

4. Only source of reconstitution is ODCoT.