LTD Reviewer

LTD Book Summary
Original Registration Ordinary Registration Proceedings Torrens System o Primary purpose: to decree land titles that shall be final, irrevocable and undisputable; to quiet title to land. Registration only confirms existing title. system for registration of land only and not a system for the acquisition of land. the proceeding is judicial and in rem Laws governing land registration: 1. CA No. 141, or the Public Land Act 2. PD. No. 1529, or the Property Registration Decree 3. Act No. 2259, or the Cadastral Act 4. RA. No. 8371, or the Indigenous Peoples Rights Act o Judicial Confirmation of Imperfect or Incomplete titles(Public Land Act) o General Rule: No title or right to or equity in any land s of the public domain may be acquired by prescription or by advers e possession or occupancy o Exception: as expressly provided by law; judicial confirmation of imperfect titles o Requisites: 1. The applicant must be a Filipino 2. He must have, by himself or through his predecessors-in-interest, possessed and occupied an alienable and disposable agricultural portion of the public domain. 3. Such possession and occupation must ha ve been open, continuous, exclusive, notorious and in the concept of owner, since june 12, 1945 4. The application must be filed with the proper court o Applicant must prove that; 1. The land is alienable public land The law merely requires that the property sought to be registered is already alienable and disposable at the time the application for the registration of title is filed. 2. His possession and occupation must be in the manner and for the period prescribed by law, or since June 12, 1945.
Where applicant has acquired a right to a government grant, application is a mere formality. Compliance with all the requirements for a government grant ipso jure converts land to private property. Land acquisition by private corporations: Private corporations or association may not hold such alienable lands of public domain except as lease, for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in area. If at the time the corporation acquired the land, its predecessor-in-interest had been in possession and occupation thereof in the manner and for the period prescribed by law as to entitle him to registration in his name, the land was no longer public land but private pr operty, thus, the corporation may validly acquire the said land. A corporation sole is qualified to apply for registration of private agricultural land. Corporation sole- special form of corporation usually associated with the clergy. Consists of one person only, and his successors (who will always be one at a time), in some particular station, who are incorporated by law in order to give them some legal capacities and advantages, particularly that of perpetuity, which in their natural persons they could not have had. -
Doctrine of vested rights: o Vested right- some right or interest in property which has become fixed and established and is no longer open to doubt or controversy o General rule: the state cannot impair vested rights by legislative enactment, by the enactment or by the subsequent repeal of a municipal ordinance, or by a change in the constitution of the State o Exception: in the legitimate exercise of the police power. Even the constitution or subsequent law cannot impair vested rights. Acme doctrine (in articulating the doctrine of vested rights): the purely accidental circumstance that confirmation proceedings were brought under the aegis of a subsequent law which forbids corporations from owning lands of the public domain cannot defeat a right already vested before that law came into effect, or invalidate transactions then perfectly valid and proper.
Title is void where the land is alienable and may be cancelled even in the hands of an innocent purchaser for value. Land declared public land in previous registration cases may be the subject of judicial confirmation Applications for registration shall be heard in the Regional Trial court in the same manner and subject to the same procedure in the Property registration decree.
Registration under the Property Registration Decree Who may apply? (PD. 1529, sec 14) 1. Those who by themselves or through their predecessors- in-interest have been in open, continuous, exclusive and notorious possession and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier. Land must already be A and D at the time of the filing of the application Requisites: a. Property in question is alienable and disposable land of public domain
Abad, Bagang, Mananquil & Taguiam

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LTD Book Summary

b. c. 2. That the applicants, by themselves or through their predecessors- in-interest have been in open, continuous, exclusive and notorious possession and occupation; and That such possession is under a bona fide claim of ownership since june 12, 1945 or earlier.
Those who have acquired ownership of private lands through prescription under the provisions of existing law . authorizes acquisition through prescription; prescription as one of the modes of acquiring ownership under the Civil Code. Prescription- one acquires ownership and other real rights through the lapse of time in the manner and under the action laid down by law. Kinds of prescription: a. Ordinary prescription- possession of things in good faith and with just title for ten years. b. extraordinary prescription- uninterrupted adverse possession for thirty years without need of title or of good faith. Those who have acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws. Ownership by accession: Art 462, NCC: river beds which are abandoned through the natural change in the course of the waters ipso facto belong to the owners whose lands are occupied by the new course in proportion to the area lost. However, the owners of the land adjoining the old bed shall have the right to acquire the same by paying the value thereof, which value shall not exceed the value of the area occupied by the new bed. Requisites: a. Change must be sudden in order that the old river bed may be identified; b. Changing of the course must be more or less permanent and not temporary overflooding of anothers land; c. Change must be a natural one d. There must be definite abandonment by the government e. River must continue to exist Ownership by accretion Art. 457, NCC: owners of the land adjoining banks of rivers belong the accretion which they gradually receive from the effects of the current of the waters. Requisites: a. The deposit be gradual and imperceptible; b. It is made through the effects of the current of the waters c. The land where accretion takes place is adjacent to the banks of rivers Ratio: to compensate the riparian owner for the damage or loss that he suffers because of the location of his land. Accretion does not automatically become registered land. Alluvial formation along the seashore forms part of the public domain and, therefore, not open to acquisition by adverse possession by private persons.
3.
4.
Those who have acquired ownership of land in any other manner provided by law. could either be a statute or executive act.
Co-owners shall file application jointly. A vendee a retro, having legal title to the land, have a registrable title thereto which may be the subject of initial registration. A trustee on behalf on his principal may apply for original registration of any land in trust by him, unless prohibited by th e instrument creating the trust.
Forms and Contents of the application for registration Form: In writing Signed by the applicant or the person duly authorized in his behalf Sworn to before any officer authorized to administer oaths for the province or city where the application was actually signed If there is more than one applicant, the application shall be signed and sworn to by and in behalf of each Contents: 1. Full description of the land as evidenced by a survey plan duly approved by the Director of Lands, surveyors certificat e, and technical description. 2. Citizenship and civil status of the applicant, whether single or married and if married, the name of the wife or husband and if the marriage has been legally dissolved when and how the marriage relation terminated; 3. Full names and addresses of all occupants of the land and those of the adjoining owners, if known, and, if not known, it shall state the extent of the search made to find them 4. Assessed value of the land and the buildings and improvements thereon 5. Whether or not there are mortgages or encumbrances of any kind whatsoever affecting the land, or any other person having any interest therein, legal or equitable, or in possession, thereof 6. The manner by which the applicant has acquired the land 7. Whether or not the property is conjugal, paraphernal or exclusive property of the applicant 8. Names of all occupants of the land, if any 9. Original muniments of the title and other related documents supporting applicants claim of ownership 10. If the land is bounded by a public or private way or road, whether or not the applicant claims any and what portion of the land within the limits of the way or road, and whether the applicant desires to have the line of the way or road determined.

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LTD Book Summary

If the applicant is not a resident of the Philippines: a. he shall file with his application an instrument in due form appointing an agent or representative residing in the Philippines , b. giving his full name and address, and c. shall therein agree that the service of any legal process in the proceedings under or growing out of the application made upon his agent or representative shall be of the same legal effect as if made upon the applicant within the Philippines. If the agent or representative dies: Applicant shall make another appointment for the substitute If he fails to do so, court may dismiss the application Application for land registration to be filed with the Regional Trial Court An application may be filed for two or more parcels of land belonging to the applicant/s provided they are situated within the same province or city. -the court may at any time order the splitting or striking out of one or more parcels, or allow amendments as to parties upon such terms as may be just and reasonable. Amendments to the application including joinder, substitution or discontinuance as to parties may be allowed by the court at any stage of the proceedings upon just and reasonable terms Amendments consisting a substantial change in the boundaries or increase the area of the land or involve the inclusion of additional area, the amendments shall be subject to the same requirements of publication and notices as in the case of an original application
Pending the application for original registration, the land therein described may still be the subject of dealings in whole or in part -interested party shall present to court the pertinent instruments together with a subdivision plan approved by the Director of lands in case of transfer of portions thereof Citizenship Requirement General rule: Krivenko doctrine-Aliens are disqualified from acquiring private and public lands. Exception: o aliens may lease private lands for a reasonable time o Option giving an alien the right to buy on the condition that he is granted Philippine citizenship Donation in favor of a religious corporation controlled by non-Filipinos is non-registrable. Acquisition of agricultural lands of public domain is limited to Filipino citizens. Qualification is determined as of the time the right to own property is acquired and not as of the time to register ownership Land sold to an alien which is now in the hands of a Filipino may no longer be annulled. Rule in case of pari delicto: Vendor cannot recover the land sold to an alien because of their guilty knowledge that what they were doing is in violation of the Constitution. However, the rule shall not apply if the original parties who were guilty of the violation have died and since been substitut ed by their administrators to whom it would be unjust to impute their guilt Also, it is an exception to the rule when the agreement is not illegal per se but is merely prohibited and the prohibition by law is designed for the protection of the plaintiff, he may, if public policy is thereby enhanced, recover what he has paid or delivered
Classification of Public Lands 1. Alienable or disposable a. Agricultural b. Residential, commercial, industrial, or for similar productive purposes c. Educational, charitable or other similar purposes d. Reservations for town-sites and for public and quasi-public uses Timber Mineral lands National parks
2. 3. 4.
Burden of proof: person seeking to establish ownership over land must conclusively show that he is the owner. Non- Registrable Properties 1. Property of public dominion refers to things held by the State by regalia doctrine Land intended for public use or service not available for private appropriation A property continues to be part of the public domain, not available for private appropriation or ownership until there is a formal declaration on the part of the government to withdraw it from being such. Patrimonial property- property that is open to disposition by the government, or otherwise property pertaining to the national domain, or public lands. Lands may be alienated when declared no longer needed for public use or service Lands titled in the name of governmental entities form part of the public dominion

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LTD Book Summary

Under the water code of the Philippines, the following belongs to the State: a. Rivers and their natural beds b. Continuous and intermittent waters of springs and brooks running in their natural beds and the beds themselves c. Natural lakes and lagoons d. All other categories of surface waters such as water flowing over lands, water from rainfall whether natural, or artificial, and water from agricultural runoff, seepage and drainage e. Atmospheric water f. Subterranean or ground waters g. Seawater The following waters found on private lands belong to the state: a. Continuous or intermittent water rising on such lands b. Lakes and lagoons naturally occurring on such lands c. Rain water falling on such lands d. Subterranean or ground waters e. Water in swamp or marshes 2. Forest lands Forest- a large tract of land covered with a natural growth of trees and underbrush; a large wood. Possession of forest lands no matter how long cannot ripen into private ownership Watersheds Mangrove swamps Mineral lands Possession of mineral lands no matter how long, does not confer possessory rights Ownership of land does not extend to minerals underneath. Reserved to the state by virtue of the regalia doctrine National Parks Military or naval reservations Foreshore lands and reclaimed lands -
3. 4. 5.
6. 7. 8.
Foreshore land- that strip of land that lies between the high and low water marks and that is alternately wet and dry according to the flow of the tide Foreshore lands and submerged lands are inalienable unless declared by law to be alienable and disposable. 9. Lakes 10. Navigable rivers 11. Creeks 12. Reservation for public and semi-public purposes Specific Evidence of Ownership All lands not otherwise appearing to be clearly within the private ownership are presumed to belong to the State. All applicants in land registration proceedings have the burden of overcoming the presumption that the land thus sought to be registered forms part of the public domain. Regalian doctrine should be applied with due regard to the provisions on social justice. Evidence sufficient to establish classification of land as A and D 1. Certification of the bureau of Forest Development that the land has been released as alienable and disposable land 2. Land classification map showing that the land lies within the alienable and disposable portion of the public domain 3. Executive proclamation withdrawing from the reservation a specific are declaring the same open for entry, sale or other mode of disposition 4. Legislative act or executive proclamation reserving a portion of the public domain for public or quasi-public use, which amounts to a transfer of ownership to the grantee Survey plan o must accompany the application for registration o it must be approved by the Director of Lands The boundaries define the piece of land and not the area Possession, to constitute the foundation of a prescriptive right must be under a claim of title or it must be adverse. In case of conflict, the rule preference is as follows; a. The present possessor shall be preferred b. If there are two possessors, the one longer in possession c. If the dates of possession are the same, the one who presents a title d. If both possessors have tittles, the court shall determine the rightful possessor and owner of the land Mere cultivation is not possession under claim of ownership it must be shown to be OCENCO Possession must be evidenced with overt acts; evidence must be credible,, substantial and satisfactory to be admissible. Tax delinquency sale can be used as a proof of possession At the time of the commencement of the requisite period of continuous possession and occupation, the land must have been previously classified as agricultural

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LTD Book Summary

Tax declaration receipts although tax declarations and realty tax payments are not conclusive evidence of ownership they are nevertheless good indicia of the possession in the concept of owner Constitutes constructive possession- because no one in his right mind would pay taxes for properties he does not own Failure to pay taxes does not warrant a conclusion that there was abandonment of a right to the property Res judicata applies to all proceedings and cases including land registration and cadastral proceedings Requisites: a. Former judgment must be final b. It must have been rendered by a court having jurisdiction of the subject matter and the parties c. It must be a judgment on the merits d. There must be, between the first and second action: i. identity of parties ii. identity of subject matter iii. identity of cause of action
judgment in a land registration case becomes final upon the expiration of 15 days, to be counted from the date the party concerned receives notice thereof. o The court retains jurisdiction until after the final entry of decree (one year) Once final cannot be amended to modify decision Only judgments and processes received by the Solicitor General bind the government
Writ of possession is employed to enforce a judgment to recover the possession of land. commands sheriff to enter the land and give possession of it to the person entitled under the judgment Cases where it can be issued: a. land registration proceeding b. extra-judicial foreclosure of a realty mortgage (in rem) c. judicial foreclosure of mortgage (quasi in rem), provided that the mortgagor is in the possession of the mortgaged realty and no third person, not a party to the suit intervened d. execution sales o o o o it may be issued not only against the person who has been defeated in a registration case but also against anyone unlawfully and adversely occupying the land or any portion of it during the land registration proceedings up to the issuance of the final decree when parties against whom a writ is sought entered into possession apparently after the issuance of the final decree, and none of them had been a party in the registration proceedings, the writ of possession will not issue. The writ does not issue in reconstitution cases because reconstitution does not confirm or adjudicate title. Refusal to vacate=contempt
The Duty of the LRA to issue decree is ministerial. -if in doubt duty to refer the matter to the court Decree cannot be issued until after judgment becomes final Certificate of tittle becomes indefeasible after one year from the issuance of the decree
Remedies 1. New Trial or Reconsideration When: within the period for taking an appeal- 15 days Who: aggrieved party may move Effect of grant: a. If new trial- judgment set aside b. If reconsideration- judgment merely amended Grounds: a. Fraud, accident, mistake, excusable negligence which ordinary prudence could not have guarded against and by reason of which such aggrieved party has probably been impaired in his rights b. Newly discovered evidence, which he could not have, with reasonable diligence, have discovered,and produced at trial, and which if presented would probably alter the result Contents/ requirements: a. In writing b. Should state the ground c. Written notice to the adverse party o Fraud must be intrinsic to be a ground for nullity

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LTD Book Summary

Extrinsic fraud- refers to any fraudulent act of the successful party in a litigation which is committed outside of trial of a case against the defeated party, or his agents, attorneys or witnesses, whereby said defeated party is prevented from presenting fully and fairly his side of the case Intrinsic Fraud- acts of a party in litigation during trial, such as the use of forged items, perjured testimony, which did not affect the presentation of the case, but did prevent the fair and just determination of the case. Accident or surprise- which ordinary prudence could not have guarded against and by reason of which the party applying has probably been impaired in his right. Mistake- is some unintentional act, omission, or error arising from ignorance, surprise, imposition or misplaced confidence. Excusable negligence- failure to take the proper steps at the proper time, not in consequence of the partys own carelessness, inattention or willful disregard of the process of the court, but in consequence of some unexpected or unavoidable hindrance or accident, or reliance on the dare and vigilance of his counsel or on promises made by the adverse party. 2. Relief from judgment -can be filed only after a final judgment or order is entered. Time for filing: 60 days after the petitioner learns of the judgment and not more than 6 months after such judgment o 3. A party who has filed a timely motion for new trial cannot file a petition for relief after his motion has been denied- remedy is appeal.
Appeal -Taken from a judgment or final order that completely disposes of the case -when declared appealable in the rules of court Modes of appeal: a. Ordinary appeal b. Petition for review c. Appeal by certiorari Period: 15 days from notice of judgment; if a record on appeal is required- 30 days Perfection: upon the filing of the notice of appeal in due time
4.
Review of decree of registration -Shall be filed within 1 year from the issuance of the decree by the LRA Date of issuance of patent is equivalent to the decree of registration Requisites: a. Petitioner must have an estate or interest in the land b. He must show actual fraud in the procurement of the decree of registration c. Petition must be filed within one year from the issuance of the decree by the LRA d. Property has not yet passed to an innocent purchaser for value Rule in good faith: -Purchaser has the duty to investigate. -Vendee has the right to rely on what appears on the face of the instrument unless he has actual knowledge of any defect in the title of the vendor or of sufficient facts to induce a reasonably prudent man to inquire into the status of the title of the property in litigation. General rule: a forged deed does not transfer ownership Exception: when the certificate of title has already been transferred to the name of the forger or the name indicated by the forger. Rule on double sale: a. First registrant in good faith b. First possessor in good faith c. Buyer in good faith presents oldest title
5.
Reconveyance -is a legal and equitable remedy granted to the rightful owner of the land which ahs been wrongfully or erroneously registered in the name of another for the purpose of compelling the latter to transfer or reconvey the land to him. -applicable when the one year period for review of decree has already elapsed -is an action in personam Prescription: a. Action based on fraud- 10 years b. Action based on implied trust-10 yrs c. Action based on a void contract- imprescriptible d. Action based on a fictitious deed-imprescriptible e. Action to quiet title where plaintiff is in possession- imprescriptible

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LTD Book Summary

Note: state not barred by prescription Quieting of title -whenever there is cloud in title to real property or any interest therein, by reason of any instrument, record, claim, encumbrance or proceedings which is apparently valid or effective but is in truth and in fact invalid, ineffective, voidable, or unenforceable, and may be prejudicial to said title . Trusts -is the legal relationship between one person having an equitable ownership in property and another person owning the legal title to such property, the equitable ownership of the former entitling him to the performance of certain duties and the exercise of certain powers by the latter. 6. Action for damages -when property has already passes into the hands of innocent purchaser for value. Action for reversion -restoration of public land fraudulently awarded or disposed of to the mass of the public domain and may again be the subject of disposition in the manner prescribed by law to qualified applicants. -instituted by the solicitor-general Ground: Section 24 of the public land act 8. Cancellation of title -initiated by a private party Recovery from the Assurance fund Requisites: a. Person sustains loss or damage, or is deprived of any estate or interest in land b. On account of bringing the land under the operation of the torrens system arising after original registration c. Through fraud error, omission, mistake or misdescription in any certificate of title or in any entry or memorandum in the registration book d. Without negligence on his part e. Is barred or precluded from bringing an action for the recovery of such land or estate or interest therein
7.
9.
10. Annulment of judgment Grounds: a. Extrinsic fraud b. Lack of jurisdiction Effect: set aside judgment 11. Criminal prosecution
CHAPTER IV Certificate of Title Section 39. Preparation of Decree and Certificate of Title
Issuance of decree of registration and certificate of title o Upon the finality of the judgment of the court adjudicating the land as private property, the court shall within 15 days from entry thereof, issue an order directing the LRA Administrator to issue the corresponding decree of registration and certificate of title. o Administrator will then prepare the original and duplicate certificate of titles. o OCT signed by him shall be a true copy of the decree of registration, send with owners duplicate to the RD. o Certificate of title is the transcript of the decree of registration by the RD in the registry. It is the evidence of the title which the owner has and is the absolute and indefeasible evidence of ownership of the property in favor of the person whose name appears therein. o Mere possession of certificate is not conclusive as the holders true ownership of the property. Decree binds the land and is conclusive against the whole world o The decree shall bind the land and quiet title thereto subject only to liens as provided by law, it shall be conclusive upon and against all persons including the national government and all its branches. o Once registered, the certificate shall take effect upon the date of the transcript of the decree. o It is in rem, it is included in the general inscription to all whom it may concern Registration does not give any person a better title than what he really has o He secures his certificate by virtue of the fact that he has a fee simple title. o If by mistake, it should be corrected to that which he in fact owns. Probative value of a certificate of title o Indefeasible title, conclusive as to identity of the land, incontrovertible one year from decree. Conclusive evidence of ownership, a strong presumption exists that the title was validly and regularly issued that it can only be threshed out in a direct proceeding. o It indicates true and legal ownership of the registered owners over the land. Validity and correctness of title is presumed

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LTD Book Summary

o Dealings with registered land may safely rely upon the correctness of the certificate. Title issued pursuant to a public land patent o Certificate of title issued pursuant to a public land patent like a homestead or free patent, is as indefeasible as a certificate of title issued pursuant to judicial registration proceeding. Where two or more certificates cover the same land, the earlier in date prevails o GR the earlier in date must prevail as between the original parties and in case of successive registration, prior holder is entitled. o This is only applicable only where there is no anomaly or irregularity, mistake, faulty or fraudulent registration tainting the prior title.
Section 40. Entry of Original Certificate of Title

Original Certificate of Title o the certificate of title issued for the first time after initial registration proceedings. o The true copy of the decree of registration. o Full names of the owner, civil status, citizenship, postal address. Transfer Certificate of Title any subsequent title issued pursuant to any voluntary or involuntary instrument affecting the property covered by the original certificate RD shall enter the same in the record book and shall be numbered, dated, signed, and sealed with the seal of his office
Section 41. Owners duplicate certificate of title

Issuance of owners duplicate certificate - Delivered to the registered owner or his duly authorized representative Issuance of mortgagees/lessees duplicate certificate discontinued o No mortgagee or lessee duplicate certificate shall be issued by the RD. Co-owner can only dispose of his aliquot share in the property held in common o He has no right to divide the property into parts and then convey one part by metes and bouds. Registered owner entitled to possession of the owners duplicate o (Abad v. CA) private respondents contended that they have a better right to the property since they have occupied and are presently in possession of the same, it was held that mere possession cannot defeat the title of a holder of a registered Torrens title to real property. Such title is entitled to respect and great weight until somebody else could show a better right to the property.
Section 42. registration books Section 43. TCT

Registration book, contents of transfer certificate of title o Upon entry, RD shall file the same in a registration book provided for the purpose. o Original is kept in the office of the RD while the owners duplicate is delivered to the party concerned. o TCT sall state the number of the next previous certificate covering the same land and also the fact that it was originally registered, giving the record number, number of the original certificate of title, and the volume and page of the registration book in which it is filed.
Section 44. Statutory lien affecting title

Certificate of title free from liens except those noted thereon o Every registered owner or subsequent purchaser of registered land for value and in good faith shall hold the same free from encumbrances EXPT 1. Those noted in the certificate of title 2. Encumbrances enumerated in the law. Liens, claims or rights existing under the laws or constitution which are not required by law to appear of record in the RD Unpaid real estate taxes levied and assessed within 2 years immediately preceding the acquisition of any right over the land Any public highway or private way established or recognized by law. Any disposition or limitation on the use by virtue of PD 27 or law on agrarian reform Rights incident to the relation of husband and wife, landlord and tenant Liability to attachment or levy on execution Liability to any lien of any description established by law on land and the building thereon Rights incident to the laws of decent or partition Eminent domain Right to relieve the land from liability to be recovered by an assignee in insolvency or trustee in bankrupsy under the laws relative to preferences. And Rights or liabilities created by law and applicable to unregistered land Meaning of lien, encumbrance o Lien a charge on property usually for the payment of some debt or obligation. A legal claim or charge as a collateral or security for the payment of some debt or obligation. o Encumbrance burden upon land, depreciative of its value, such as a claim, lien, charge, liability attached, easement, or servitude, whichthough adverse to the interest of the landowner, does not conflict with his conveyance of the land in fee. Generally, purchaser need not go behind registry to determine condition of property o Condition is noted on the face of the title. The purchases in good faith acquires a good title as against the transferees thereof whose rights are not recorded in the RD at the time of the sale. o The purchaser is not required to explore farther than what the Torrens title upon its face indicates in quest for any hidden defect or inchoate right that may subsequently defeat his right thereto Purpose of provision o To bind the land, quiet title thereto, subject only to the exceptions stated by the law. o The decree of registration shall be conclusive against all persons, unless fraud is proved within a period of one year after said decree is rendered.

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LTD Book Summary

To give to the person registering, and to his transferee for value, an absolutely clean title, one not subject to hidden defects, to undeveloped or inchoate claims, to any sort of restriction, limitation or reduction except those named in the certificate of registration or described in law. Superior lien in favor of government o The lien in favor of the government is a precautionary measure as the levy upon real property or any right or interest therein may be easily defeated by a transfer or conveyance of the property by the delinquent taxpayer. Unpaid real estate taxes o Not necessary to register a tax lien because it is automatically registered, once the tax accrues. o Those not assessed or levied cannot be held to be a lien or encumbrance Public highway o Simple possession does not necessarily make the possessor a true owner of all the property described therein. The inclusion of a public highway in the certificate does not give the holder of such certificate ownership over the highway. o If a municipal road is constructed passing though a lot, right of way and other servitude contemplated, and such construction is subsequent to the acquisition of the land, there needs to be a proper expropriation proceeding first and just compensation. Public land patents o Public land patents, when duly registered in the registry of deeds are veritable torrens titles subject to no encumbrances except those stated therein, plus those specified by the statute. (see section 118 of public land act) Other statutory liens o Congress cannot authorize the sale to private corporations of reclaimed alienable lands of the public domain because of the constitutional ban. Only individuals can benefit from such law. o
Section 45. Statement of personal circumstances in the certificate

Contents of a certificate of title o Full names of all persons whose interest make up the full ownership in the land\ o Civil status o Names of their respective spouses if married o Citizenship o Residence and postal address. o If conjugal partnership, title shall be issued In the names of both spouses o The OCT merely confirms a pre-existing title. It does not establish the time of acquisition of the property by the registered owner. All property of marriage presumed conjugal, exception o If property is registered in the name of a spouse only and there is no showing as to when the property was acquired, this is an indication that the property belongs exclusively to the said spouse. The presumption cannot prevail when the title is in the name of only one spouse and the rights of innocent 3rd parties are involved. o (Domingo v. Reed) the wife may bind the conjugal assets without a special authorization from the husband. o (Ponce de Leon v. Rehabilitation Finance Corp.) the party who invokes the presumption must first prove that the property in controversy was acquired during the marriage. Proof of acquisition during coverture is a condition sine qua non for the operation fo the presumption in favor of conjugal partnership. o (Litam v. Espiritu) circumstances indicates that the properties in question belong to the registered owner, as paraphernal properties for if they were conjugal, the titles covering the same should have been issued in the names of Litam and Rivera. o (PNB v. CA) the subject property when mortgaged to the PNB were registered in the name of montemayor, the widow. Relying on the torrens certificate of title covering the said properties, the mortgage loan applications of montemayor were granted and were duly registered in the RD. PNB had the right to rely on what appears in the certificate and no more. They had no reason to doubt nor question the status of said registered owner and her ownership thereof.
Section 46. general incidents of registered land

Registered land subject to burdens or incidents by operation of law o Nothing contained in the decree shall be construed as relieving the registered land or the owners thereof from any rights incident to the relation of husband and wife, landlord-tenant, or from liability to attachment, levy on execution, or any lien established by law on the land and the buildings thereon. The land may be taken through eminent domain proceedings or subjected to liability in bankrupsy and insolvency proceedings.
Section 47. registered land not subject to prescription

Registered land cannot be acquired by prescription or adverse possession o Once registered, cannot be defeated even by adverse, open, and notorious possession. o (alfonso v. Pasay City) registered owner of land deprived of his possession when it was taken by the city govt for road purposes. Owner demands payment, auditor rejects claim on the ground of prescription, court held that registered lands are not subject to prescription and that on grounds of equity, the government should pay for the private property which it appropriates for the benefit of the public, regardless of the passing of time. Prescription unavailing not only against the registered owner but also his heirs o The latter merely steps into the shoes of the decedent by operation of law and are merely the continuation of the personality of their predecessor in interest. o The legal heirs of a deceased may file an action arising out of a right belonging to their ancestor, without need of a separate judicial declaration of their status as such, provided, there is no pending special proceeding for the settlement. Of the estate (Atun v. Nuez) o (eugenio v. Perdido) lands registered under the torrens system, 10 years adverse possession may not be permitted to defeat the owners right to possession, which is a necessary incident of ownership, otherwise loss of the land by prescription would be indirectly approved. Registration of mortgage does not make action for foreclosure imprescriptible Registered owner may be barred from recovering possession through laches o (lucas v. Gamponia) the land was acquired by free patent. Later patentee deeded the land to another, who held possession until his death. His successors transferred the same land to

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LTD Book Summary

defendant from whom the plaintiff sought to recover it after 37 years since the original conveyance. The court ruled that the action could no longer be maintained on account of laches. o LACHES failure or neglect, for an unreasonable and unexplained length of time, to do what which by exercising due diligence could or should have been done earlier; it is negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it. Elements of laches o Conduct on the part of the defendant, or of one under whom he claims, giving rise to the situation of which complaint is made for which the complaint seeks a remedy o Delay in asserting the complainants rights, the complainant having had knowledge or notice of the defendants conduct and having been afforded an opportunity to institute a suit. o Lack of knowledge or notice on the part of the defendant that the complaint would assert the right on which he bases his suit. o Injury or prejudice to the defendant in the event relief is accorded to the complainant, or the suit is not held to be barred. Other illustrative cases of laches o (caragay-Layno v. CA) for 20 years from date of registration of title the suit for recovery of possession was instituted, neither the registered owner no his successors had taken steps to posses or lay adverse claim to the disputed portion.
Section 48. Certificate not subject to collateral attack a certificate of title shall not be subject to collateral attack. It cannot be altered,
modified, or cancelled except in a direct proceeding in accordance with law. Distinction between a direct and collateral attack on the title o Direct when the object of the action is to annul or set aside such judgment or enjoin its enforcement. o Indirect action to obtain a different relief, an attack in the judgement is nevertheless made as an incident thereof. Certificate of title cannot be the subject of collateral attack o Settled is the rule that the decree of registration and the certificate of title issues pursuant thereto may be attacked on the ground of actual fraud within 1 year from the date of its entry and such an attack must be direct and not by a collateral proceeding. o Any claim to registered land on the basis of acquisitive prescription is baseless, and proof of possession by the claimant is both immaterial and inconsequential. A direct attack on the title may be made in a counter-claim or third-party complaint o (leyson v. Bontuyan) plaintiff filed a complaint against defendant for quieting of title and damages. They alleged that upon their return from the US they found that the property was occupied and cultivated by the tenants of defendant who could not produce any document evidencing defendants ownership. Defendant averred by way of affirmative defense that lots in question were portions of a parcel of land owned by calizto gabud which eventually sold to him though intermediary transfers. He interposed a counter-claim that plaintiffs predecessor obtained title through fraud. Defendant prayed that the complaint be dismissed that he be declared the owner of the property and that the title of Bontuyan be cancelled. Plaintiffs countered that defendants counter claim is a collateral attack. COURT : action is a direct attack for its object is to nullify the same and thus challenged the proceeding pursuant to which the title was issued. A counterclaim is considered a new suit and is to be tested by the same rules as if it were an independent action. o In a case for recovery of possession based on ownership or accion reinvidicatoria, if the object of the third-party complaint is to nullify the title of the 3rd party defendant, the 3rd party complaint constitutes a direct attack on the title because the same is in the nature of an original complaint for cancellation of title. Other illustrative cases o (magay v. Estiandan) plaintiff bought from her mother in law a piece of land. Plaintiff wrote defendant asking him to vacate the property. Defendant questioned the validity of the title of plaintiffs predecessor for having acquired it through fraud. collateral attack. o (samonte c. sambilon) homestead patent issued has same priviledges as torrens title and cannot be collateraly attacked. o (director of lands v. Gan tan) whether or not an alien is disqualified to acquire land covered by a torrens title can only be raised in an action expressly instituted for that purpose. o (ybaez v. IAC) homestead patent. Respondents possession was interrupted by forcible entry. Complaint for recovery of possession. Questioning the OCT. = collateral attack.
Section 49. Splitting or consolidation of titles

file a written request for that purpose with RD surrender owners duplicate RD shall cancel it together with its original and issue separate certificate or a consolidated certificate as desired
Section 50. subdivision and consolidation plans

Subdivision: o submit to LRA a subdivision plan of the land o such must be approved by the Land management bureau, through the regional technical director or the Administrator of the LRA o together with the approved technical descriptions and corresponding owners duplicate certificate of title. o The plan should distinctly and accurately delineate all boundaries, streets, passageways, and waterways. o RD shall register the subdivision plan without need of prior court approval and issue a new certificate of title as subdivided Consolidation o File with the LRA a consolidation plan showing lots affected with technical description o Upon surrender of owners duplicate certificates o And receipt of the plan duly approved by the LRA o RD shall cancel said certificates and issue a new one for the consolidated lots Conveyance of only a portion of the land o If only a portion of the land is conveyed, RD shall not enter any new title in favor of the grantee until after a plan shall first be presented with its technical descriptions. Meantime, the deed of conveyance may be annotated on the owners certificate title. o If plan is approved, RD partially cancels certificate as to the portion conveyed and issue New certificate to grantee specific portion conveyed Another certificate to grantor for remaining portions. o But RD instead of cancelling title may simply make a memo that a portion of land has been conveyed and that the title is deemed cancelled insofar as that portion is concerned.

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LTD Book Summary

o Registered property is subdivided and a lot is conveyed by the owner, the buyer needs only to have the deed of sale registered and obtain a TCT in his name for said lot after presenting to the RD the subdivision plan and sellers copy of the certificate of title (rojas v. tagaytay)
CHAPTER V- SUBSEQUENT REGISTRATION

I. VOLUNTARY DEALINGS WITH REGISTERED LANDS Formal requirements of contracts involving real property 1. Consent of the contracting party 2. Object certain which is the subject matter of the contract 3. Cause of the obligation Each party has the right to compel the other to execute the proper public instrument so that it can be registered and bind 3 rd persons. CONTRACT OF SALE- title passes to the vendee upon delivery of the thing sold. CONTRACT TO SELLownership transferred upon full payment of the purchase price. Form is important for validity, convenience and enforceability GEN. RULE: form is not important for the validity of contract provided the requisites are present. However, this rule is applicable only in CONSENSUAL CONTRACTS. EXCEPTION: in FORMAL CONTRACTS, it needs to follow specific forms prescribed by law to be valid. Example: donations of real property, it requires to be in a public instrument. mortgage must be recorded in the Registry of Deeds. Sale of real properties and those mentioned in the Statute of Frauds must be in writing and subscribed by the party charged in order to be enforceable. In Limketkai Sons Milling, Inc. vs. CA, it was held: The fact that the deed of sale still had to be signed and notarized does not mean that no contract had already been perfected. A sale of land is valid regardless of the form it may have been entered into. Requisite form is required merely for convenience or efficacy and the failure to comply does not affect the validity and binding effect of the act between the parties. Delivery as a mode of transmission, real or constructive Delivery as mode of ownership may be actual or constructive. When the sale of real property is made in a public instrument, the execution thereof is equivalent to the delivery of the thing object of the contract. Contract is perfected by mere consent, at the moment there is meeting of minds upon the thing which is the object of the contract and upon the price. Sale is not a mode but merely a title. Mode- the legal means by which dominion or ownership is created, transferred or destroyed. Title- is only the legal basis by which to affect dominion or ownership. Actual notice equivalent of registration Registration is not necessary to make contract of sale valid and effective for actual notice is equivalent to registration. It is only intended to protect the buyer against claims of 3rd persons.
Sec. 51 of Property registration Decree provides, even without the act of registration, a deed purporting to convey or affect registered land shall
operate as a contract between the parties. Act of registration is the operative act to convey or affect registered land Registration is a mere ministerial act by which a deed, contract or instrument is inscribed in the records of the office of the Register of Deeds and annotated at the back of the certificate of the title covering the land subject of the deed, contract or instrument. Property registration decree ONLY protects a holder in good faith. thus, knowledge of prior unregistered interest has the effect of registration as to him. Registration of document ministerial on the part of the Register of Deeds Purpose of registration- give notice to all. Not intended to seek to destroy or otherwise affect already registered rights over the land, subsisting or existing at the time of the registration. Rights of parties who have previously registered their rights are not put in issue. Law on registration does not require that only valid instruments shall be registered. If the purpose is merely to notice, then questions regarding the effect or invalidity of instruments are expected to be decided AFTER not BEFORE registration. Instrument which seeks the reformation of an extrajudicial settlement of an estate consisting of registered lands is a voluntary one. And since the duty of the Register of Deeds to enter such instrument in his book is purely ministerial, his refusal to do so is tantamount to an unlawful neglect in the performance of a duty resulting from an office, trust or station, and is a proper instance where mandamus will lie. As between parties, registration is not essential for the validity of sale.
give
Payment of taxes prerequisite to registration R.A. 456 prohibits registration of a document affecting real property which is delinquent in the payment of real estate taxes.

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LTD Book Summary

Sec.1. no voluntary document by which real property or on interest therein sold, transferred, assigned, mortgaged or leased shall be registered in the registry of property, UNLESS the real estate taxes levied and actually due thereon shall have been fully paid. Purchaser is not required to explore further than what title indicates for hidden defects A person dealing with registered property need not go beyond, but only has to rely on the title. He is charged with notice only of such burdens and claims which are annotated on the title, for registration is the operative act which binds the property. Hence, where there is nothing in the certificate of title to indicate any cloud or vice in the ownership of the property, or any encumbrance thereon, the purchaser is not required to explore father that what the Torrens title upon its face indicates in quest for hidden defect or right that may be subsequently defeat his right thereto. REASON: if otherwise, the efficacy and conclusiveness of the certificate of title which the Torrens system seeks to ensure would entirely be futile and nugatory. A purchaser who has knowledge of defect of his vendors title cannot claim good faith GOOD FAITH - is a question of intention. It is the honesty of the intention, the honest lawful intent. - It is freedom from knowledge and circumstances which ought to put a person on inquiry. NO good faith when: a. Purchaser has knowledge of a defect or lack of title of the vendor. b. Purchaser has knowledge of such facts which would have put him upon such inquiry and investigation necessary to acquaint him with the defects in the title of his vendor. When purchaser should investigate Gen.rule- person dealing with registered land has a right to rely upon the face of the Torrens certificate of title and dispense with the need of inquiring further. Exc- when the party concerned has actual knowledge of the facts and circumstances which would impel a reasonably cautious man to make inquiry. e.g. one who purchases a property in actual possession of another. Hence, in absence of such inquiry, he can scarcely be regarded as bona fide purchaser as against such possessors. Rule with respect to banks Banks is not required, before accepting mortgage, to make an investigation of the title of the property given as security. Where the bank had exer4cised due care demanded of it to real estate loans, it will be considered an innocent mortgagee for value. Estoppels- failure of purchaser of land in execution sale to question on time the entry or annotation made on the back of the certificate of title estops him from claiming that the one year period of redemption started earlier. Voluntary and Involuntary registration distinguished Voluntary Registration- the moment he presents and files a duly notarized and valid deed of sale and the same is entered in the day book and at the same time he surrenders or presents the owners duplicate certificate of title of the land and pays the registration fees. Ex: Deed of Sale, Document of Assignment, Mortgage There is meeting of the minds or consent of both parties. Involuntary entry thereof in the day book is sufficient notice to all persons, even if duplicate certificate of title is not presented to the Register of Deeds.
Ex: Judicial Foreclosure, attachment, levy upon execution, notice of lis pendens. There is NO consent. Made against the will of the party.
Cases: Villasor v. Camon: mere registration by the Register of Deeds in the entry or day book of a document of assignment or deed of sale, without presentation of duplicate certificate of the owner (ODCT) does not have the effect of conveyance of the property. For registration of voluntary instrument, it is nec. That the deed is registered in the entry book of the Register of Deeds, but a memorandum thereof shall also be made by him on the ODCT and its original. In PNB v. Javellana: the fact that writ of attachment is not annotated on the back of the ODCT is of no mement because such annotation is only nec in involuntary transactions, not in involuntary ones. In Director of Lands v. Reyes, in cases if involuntary registration entry thereof on the day book is a sufficient notice to all persons of such adverse claim without the same being annotated on the back of the corresponding certificate of title
Sec. 53- Presentation of owners duplicate upon entry of new certificate.

No voluntary instrument shall be registered by the Register of Deeds unless the ODCT is presented together with such instrument, EXCEPT in some cases or upon ORDER of the COURT. Entry in the day book must be done upon surrender of the ODCT. Only upon compliance with these requirements shall actual registration RETROACTS to the DATE of the ENTRY in the DAY BOOK. REASON WHY THERES NEED TO SURRENDER ODCT IN REGISTERING VOLUNTARY INSTRUMENT

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LTD Book Summary

Being a willful act of the registered owner, it is presumed that he is interested in registering the instrument and would willingly surrender, present or produce ODCT to the Register of Deeds to accomplish registration. Q: what is the remedy in case the voluntary instrument cannot be registered by reason of refusal or failure of the holder to surrender the ODCT? A: The party in interest may file a petition in court to COMPEL SURRENDER of the ODCT. The court may thereupon order the registered owner or any person withholding the ODCT to surrender the same and direct the entry of a new certificate or memorandum upon such surrender. HOWEVER, non-production of the ODCT may not invalidate a vendees claim of ownership where the subsequent vendees of the same lot are aware of the prior sale. ACTUAL NOTICE, that is knowledge of the sale, is equivalent to registration. Issuance of TCT w/o production of ODCT Issuance of new certificate of title by the Register of Deeds to the purchaser, w/o the presentation of the ODCT is UNWARRANTED and confers NO RIGHT on the purchaser. INNOCENT HOLDER FOR VALUE; Good faith Sec.53 states that although an original owner of a registered land may seek the annulment of the transfers of it on grounds of fraud, such remedy is WITHOUT PREJUDICE TO THE RIGHTS OF ANY INNOCENT HOLDER FOR VALUE OF A CERTIFICATE OF TITLE. What is GOODFAITH? Consist in the possessors well-founded belief that the person to whom he received the thing was the owner of the same and has the right to convey his title. It is present when there is an honest intention to abstain from taking unconscientious advantage from another. It is the opposite of fraud and refers to a state of mind which is manifested by the acts of the individual concerned. It is always presumed in absence of proof to the contrary. Thus, where innocent 3rd person acquired rights over the property in good faith, the court CANNOT disregard such rights and order TOTAL CANCELLATION of the certificate. For that would impair public confidence in the certificate of title. An innocent purchaser or mortgagee for value relying on the Torrens title is PROTECTED. They have the right to rely on the certificate of title and in the absence of anything to excite suspicion, he is under no obligation to look beyond it and investigate. A FORGED DEED may be basis of a GOOD TITLE in the hands of bona fide purchaser In Blondeau v. Nano, Blondeau loaned money in good faith in favor of Nano, mortgagor. She relied on the title presented by Nano. However, Blondeau found out that Nano just forged the signature of Jose Vallejo, its true registered owner. Held: As between 2 innocent persons (Blondeau and Vallejo), one of whom must suffer the consequence of a breach of trust. Vallejo who made the forgery possible by his act of confidence must bear the loss. The Torrens system permits a forged transfer, when duly entered in registry, to become ROOT OF A VALID TITLE in a bona fide purchaser. Rationale: public policy, expediency and the need of a statute of repose as to the possession of land, demand such a rule. PNB V. CA and Chu Kim Kit The right or lien of an innocent mortgagee for value upon the land mortgaged must be respected and protected, even if the mortgagor obtained his title through fraud. The REMEDY of the PERSON PREJUDICED is to bring an ACTION FOR DAMAGES against those who caused the fraud, and IF INSOLVENT, an action against the Treasurer of the Phils. may be filed for recover of damages against the Assurance Fund. (Note however that none so far has succeeded in claiming damages from the Assurance Fund, acc. to Sir) Fule v. De Legare Fule purchased the land to John Legare who was NOT YET the registered owner. Held: We have indeed ruled that a forged or fraudulent deed is a nullity and conveys no title. HOWEVER, we have also laid down that there are instances where such fraudulent document may be a ROOT OF VALID TITLE. Such as in this case where the certificate of title was already TRANSFERRED from the name of the true owner to the forger and the land was subsequently sold to an innocent buyer. For then, the buyer has the right to rely upon what appeared in the certificate. RULE WHEN OWNER NOT AT FAULT Adriano v. Pangilinan FACTS: Adriano entrusted his copy of certificate of title to Salvador. Without his consent, Salvador mortgaged the property to Pangilinan. ISSUE: whether or not Pangilinan is a mortgagee in good faith HELD: Adriano is faultless since he did not purchased the property himself nor did he authorized Salvador as agent in procuring the mortgage. A special attorney is necessary for the purpose. Hence, mortgage is INVALID since the mortgagor is not the owner of the property. Pangilinan is NOT a purchaser in GOOD FAITH, for he admits that he have been in the mortgage business for 7 years. Hence, he should be deemed at fault for not verifying the identity of the impostor mortgagor. DIFFERENCE FROM BLONDEAU AND PNB In those cases, the seller and mortgagor were the registered owners of the property; whereas in Adriano, the mortgagor was an impostor. In Joaquin v. Madrid, spouses Madrid entrusted their certificate of title to Carmencita de Jesus who have offered to secure a loan for them. But when the spouses were asking De Jesus to return the certificate, she failed to do so. They found out that De Jesus mortgaged the property to Joaquin in a deed signed by two persons posing to owners. HELD: in order that the holder of the certificate of title for value be considered as a holder in GOOD FAITH, the instrument registered should NOT BE FORGED. When the instrument presented is forged, the registered owners does not thereby lose his title , and neither does the assignee in the forged deed acquired right or title to the property.

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LTD Book Summary

MORTGAGEE IN GOOD FAITH General rule: Art. 2085 of Civil Code, one of the essential requisites of the contract of mortgage is that the mortgagor should be the absolute owner of the property to be mortgaged. Otherwise, the mortgage is considered NULL AND VOID. Exception: Doctrine of mortgagee in good faith- even if the mortgagor is not the owner of the mortgaged property, the mortgage contract and any foreclosure sale arising therefrom are given effect by reason of PUBLIC POLICY. Basis: persons dealing with property covered by Torrens Certificate of Title are not required to go beyond what appears on the face of the title. RULE IN DOUBLE SALE First purchaser to register the property in good faith. First possessor in good faith. Holder of the older title. REMEDY OF AGGRIEVED PARTY The aggrieved purchaser who is not preferred should resort to his vendor for redress, rather than molest the holder of the certificate and his successors, who should be permitted to rest secure in their title. MEMORANDUM OF ENCUMBRANCES It is seen at the dorsal side of the certificate of title. It is here that all interests in the registered land LESS THAN OWNERSHIP shall be entered by the Register of deeds. Not necessary to issue a new certificate on the basis of these instruments. Brief memorandum of the nature of the instrument entered on the certificate of title, signed by the Register of Deeds, shall serve as notice to 3 rd parties. A similar entry shall be made on the ODCT. The cancellation or extinguishment of such interest or right shall be recorded in the same manner. CONTENTS OF THE INSTRUMENT PRESENTED FOR REGISTRATION for VOLUNTARY INSTRUMENTS 1. Full name 2. Nationality 3. Status 4. Residence 5. Postal address of the grantee or person acquiring interest on such instrument. If grantee is a corporation or association, it shall contain statement whether or not it is legally qualified to acquire private lands. PRIMARY ENTRY BOOK OR DAY BOOK It is a record of all instruments, including copies of writs and processes, affecting registered lands, entered by the Register of Deeds in the order of their filing upon payment of proper fees. Recording is a preliminary process in registration and shall note the DATE, HOUR and MINUTE of receipt of said instrument. An instrument shall be regarded as registered ONLY from the time it is so NOTED. Deeds entered in the day book considered registered from the moment they are so noted. PROCEDURE IN REGISTERING A DEED OF CONVEYANCE 1. Owner shall execute the proper deed of conveyance in proper form 2. Present it to the Register of Deeds (RD) with the ODCT for entry and registration. 3. The RD shall enter in the registration book the fact of conveyance and prepare new certificate in the name of the grantee 4. The ODCT shall be delivered to the grantee. 5. RD shall note upon the original and duplicate certificate the ff: a. Date of the conveyance b. Volume and page of the registration book in which the new certificate is registered c. Reference by number to the last preceding certificate. 6. The original and owners duplicate of the grantors certificate shall be stamped CANCELLED. 7. The deed of conveyance shall be filed with a notation of the number and place of registration of the certificate of title of the land conveyed.
PROCEDURE WHEN ONLY PIRTION OF THE LAND ARE CONVEYED 1. RD shall not enter any transfer certificate to the grantee until the ff. shall have been verified and approved pursuant to Sec. 50 of this Decree: a. Plan of such land showing all the portions or lots into which it has been subdivided; and b. The corresponding technical descriptions. 2. However, the deed of conveyance may in the meantime be annotated by way of memorandum on the grantors certificate of title, which shall serve as notice to 3rd persons of the fact of conveyance. 3. Upon approval of the plan and technical descriptions of the specific portions, it shall be filed with the Office of the RD for annotation on the corresponding certificate of title. 4. RD shall issue new transfer certificate of title to the grantee for the portion conveyed to him upon cancellation of the grantors certificate as to said portion. 5. But if grantor so desires, his certificate of title may be cancelled totally and a new one issued to him for the remaining portion of the land. 6. Pending approval of the plan, no further registration or any annotation of any deed or voluntary instrument affecting the unsegregated portion shall be made by the RD, except where such portion was purchased from the govt. or any of its instrumentalities.
B. MORTGAGE AND LEASES

Mortgage- essence is indebtedness. The property has been identified or set apart from the mass of the property of the debtor-mortgagor as SECURITY for the PAYMENT of money or the fulfillment of an obligation to answer the amount of indebtedness, in case of default of payment.

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LTD Book Summary

The mortgagee has the right to foreclose the mortgage and to have the property seized and sold in view of applying the proceeds to the payment of the obligation. Foreclosure is VALID where debtors are in DEFAULT in the payment of the obligation.
OBJECT OF MORTGAGE 1. Immovables 2. Alienable rights in acc with the law imposed upon immovables 3. Movables may be object of Chattel Mortgage REQUISITES OF MORTGAGE 1. They constituted to SECURE the fulfillment of principal obligation. 2. The pledgor or mortgagor be the ABOLUTE OWNER of the thing pledged or mortgaged. 3. That pledgor or mortgagor has the FREE DISPOSAL of the property, or is legally authorized for the purpose. CHARACTERISTICS OF MORTGAGE 1. Real right- binds purchaser who knows of its existence or if the mortgage was registered. 2. Accessory contract- if principal obligation is void, the mortgage is also void. But is mortgage is void, the principal contract of loan may still be valid. 3. Indivisible- Ex: A and B mortgaged their land to C. A and B partitioned the land bet them, and A paid his share. Q: is the mortgage on As share extinguished? A: No, bcoz mortgage is indivisible. 4. Inseparable- it adheres to the property regardless of who its owner may be. 5. Real property 6. A limitation on ownership- it does not end ownership, but property may be foreclosed. Mortgage lien is a RIGHT IN REM It means that it is a lien on the property whoever its owner may be. It subsists notwithstanding a change in ownership. In short, the personality of the owner is disregarded. EQUITABLE MORTGAGE One which, though lacking in some formality, form or words, or other requisites demanded by the statute, nevertheless reveals the intention of the parties to charge a real property as security for debt, and contains nothing impossible or contrary to law. Art. 1602 of Civil Code, a contract of sale with the right to repurchase shall be presumed an equitable mortgage in any of the ff cases: 1. Price of sale is unusually inadequate. 2. Vendor remains in possession as lessee or otherwise. 3. When upon or after the expiration of the period of redemption, another instrument extending the period or granting a new one is executed. 4. Purchaser retains for himself part of the purchase price. 5. Vendor binds himself to pay the taxes on the property. 6. In any other case where it may be fairly inferred that the real intention of the parties is that the transaction shall secure the payment of a debt or the performance of any obligation. In order for the presumption to arise, two requisites must be satisfied: 1. Parties entered into a contract denominated as contract of sale 2. Their intention was to secure an existing debt by way of mortgage. Unrecorded mortgage VALID and BINDING upon the parties Mortgage, whether registered or not, is binding between the parties, registration being necessary ONLY to make the same valid as against 3 RD PERSONS. Registration only operates as notice to others. If the purpose of registration is merely to give notice, the questions regarding the effect or validity of instruments are expected to be decided AFTER not BEFORE, registration. EFFECT OF LIS PENDENS Notice of lis pendens is an ANNOUNCEMENT to the whole world that a particular REAL PROP. is in LITIGATION. It serves as a warning that one who acquires an interest over said property does so at his own risk, so that he gambles on the results of the litigation over said property. However, any subsequent lien or encumbrance annotated at the back of the certificate of title cannot in any way prejudice the mortgage previously registered, and the lots subject thereto pass to the purchaser at the public auction sale free from lien or encumbrance. EFFECT OF FORGED DEED Where mortgage is a FORGERY and the registered owner has not been negligent or in connivance with the forger, the mortgage CANNOT be ENFORCED against the OWNER. Before the principle, as between 2 innocent persons, one of whom must suffer the consequences of the breach of trust, is the one who made it possible by his act of confidence must bear the loss can be applied, it is essential that the FRAUD was MADE POSSIBLE by the OWNERS ACT in entrusting the certificate of title to another. A forged power of attorney is W/O FORCE AND EFFECT, and the record of mortgage constituted by virtue thereof is NULL AND VOID. Unrecorded sale of a prior date v. Recorded mortgage on a later date, which is preferred? A: Unrecorded sale of prior date. Because once the original owner have parted with his ownership of the thing sold, he can no longer mortgage the property. Registration of the mortgage is of no moment since it is understood to be w/o prejudice to the better right of 3rd parties. RIGHTS OF THE SECOND MORTGAGEE El Hogar Flipino v. PNB, El Hogar Filipino as 1st mortgagee and PNB as 2nd mortgagee over the same p[roperty. It was ruled 1st mortgagee was entitled to have the mortgaged lots sold for the payment of its credit. 2 nd mortgagees only right would be to apply to the payment of its credit the EXCESS OF THE PROCEEDS of the sale AFTER THE PAYMENT of the credit of 1st mortgagee. But since the credit of the 1st mortgagee has absorbed the entire proceeds of the sale, the mortgage in favor of the 2nd mortgagee was in fact EXTINGUISHED, because it cannot be enforced beyond the total value of the lots.

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LTD Book Summary

EFFECT ON MORTGAGE IF TORRENS TITLE IS NULLIFIED Where land covered by Torrens title was mortgaged to the bank to secure loan, but the title was later on nullified, the mortgage will NOT BE CANCELLED where it is shown that the bank relied on the validity of the title in the anme of the mortgagor and, therefore, acted in GOOD FAITH. RATIONALE: in order not to impair public confidence in the certificate of title, for everyone dealing with property registered under the Torrens System would have to inquire in every instance as to whether the title has been regularly or irregularly issued in court. Mortgage discharged only upon full payment of indebtedness A mortgage given to secure advancements is a continuing security and is not discharged by repayment of the amount named in the mortgage, until the full amounts of the advancements are paid. NOTE: A stipulation in a contract of mortgage that the ownership of the property would automatically pass to the mortgagee is case no redemption is made is VOID for being pactum commisorium which enables the mortgagee to acquire ownership of the mortgaged property without need of foreclosure. RULE ON CONSTRUCTION Rule on redemption is LIBERALLY CONSTRUED, because the policy of law is to aid rather than to defeat him in the exercise of his right of redemption. FORECLOSURE The process by which a mortgagee acquires an absolute title to the property of which he had previously been only the conditional owner, or upon which he had previously a mere lien or encumbrance. REMEDY IN CASE OF DEFAULT 1. Foreclose the mortgage; or 2. File an ordinary action to collect the debt. If he chooses foreclosure, he enforces his lien by the sale on the foreclosure of the mortgaged property. The proceeds of the sale shall be applied to the satisfaction of the debt. In case of a deficiency, the mortgagee has the right to claim for the deficiency resulting from the price obtained in the sale of the real property at public auction and outstanding obligation at the time of the foreclosure proceedings. If he resorts to an action to collect the debt, he thereby waives his mortgage lien. He will have no more priority over the mortgaged property. It judgment is favorable to him, he can enforce said judgment by execution. He can even levy execution on the same mortgaged property, but he will not have priority over the latter and there may be other creditors who have better lien on the properties of the mortgagor. PRESCRIPTION PERIOD- action to enforce right arising from the mortgage should be enforced within 10 years from the time the right of action accrues, or from default in payment of the loan amortizations. Foreclosure beyond the prescriptive period renders the proceedings NULL AND VOID. OPTIONS OF SECURED CREDITOR IN CASE OF DEATH OF THE DEBTOR 1. To waive the mortgage and claim the entire debt from the estate of the mortgagor as an ordinary claim. 2. To foreclose the mortgage judicially and prove any deficiency as an ordinary claim; and 3. To rely on the mortgage exclusively, foreclosing the same at anytime before it is barred by prescription, without right to file a claim for deficiency. WRIT OF POSSESSION; ISSUANCE MINISTERIAL Writ of possession is an order whereby the sheriff is commended to place a person in possession of real or personal property. The court issuing the writ of possession has control and supervision over its processes. It may be issued either: 1. Within the 1 year redemption period, upon filing of a bond. 2. After the lapse of the redemption period, without need of bond. Cases where Writ of Possession may be issued. 1. In a land registration proceeding, a proceeding in rem. 2. In case of extrajudicial foreclosure of realty mortgage. 3. In case of judicial foreclosure of mortgage, a proceeding quasi in rem, provided that the mortgagor is in possession of the mortgaged realty and no third person, not a party to the foreclosure suit, had intervened. 4. In execution sale.
II.
INVOLUNTARY DEALINGS
ATTACHMENT- is the legal process of seizing anothers property in accordance with a writ or judicial order for the purpose of securing satisfaction of a judgment yet to be rendered. It is used to seize the debtors property in order to secure the debt or claim of the creditor in the event that a judgment is rendered. Sec.69. states any attachment or writ, order or process intended to create or preserve any lien upon registered land shall be filed and registered in the REGISTER OF DEEDS and shall contain: 1. Reference to the number of the certificate if title to be affected. 2. Registered owner thereof 3. Description of the land or interest therein. In INVOLUNTARY REGISTRATION such as attachment, levy upon execution, lis pendens and the like, the entry thereof in the day book is sufficient notice to all persons of such adverse claim. In DBP v. Acting Register of Deeds of Nueva Ecija, it was held that entry alone produces the effect of registration, whether the transaction be voluntary or involuntary, so long as the registrant has COMPLIED WITH ALL

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LTD Book Summary

THAT IS REQUIRED of him for purposes of entry and annotation, and nothing more remains to be done but a duty incumbent solely on the Register of Deeds. GROUNDS UPON WHICH ATTACHMENT MAY ISSUE 1. In an action to recover the possession of property unjustly or fraudulently taken, detained or converted, when the property, or any part thereof, has been concealed, removed or disposed of to prevent its being found or taken by the applicant or an authorized person. 2. In an action against a party who has been guilty of fraud in contracting the debt or incurring the obligation upon which the action is brought, or in the performance thereof. 3. In an action against the party who has removed or disposed of his property, or is about to do so, with intent to defraud his creditors. DISCHARGE OF ATTACHMENT Attachment may be discharged upon: 1. Giving a counterbond, or 2. On the ground that the same was improperly or irregularly issued or enforced or 3. That the bond is insufficient. Effect of discharge of attachment the released property becomes FREE and NO longer LIABLE TO THE RESULTS OF THE PROCEEDINGS in which it was attached. Hence, if the owner thereof mortgage the property released, it is not a conveyance in fraud of creditors, but the transaction is LEGAL AND VALID. ADVERSE CLAIM It is a notice to 3rd persons that any transaction regarding the disputed land is subject to the outcome of the dispute. It is annotated on the certificate of title. It is registered by filing a sworn statement with the Register of Deeds of the province where the property is located, setting forth the basis of the claimed right with other data pertinent thereto. Upon submission of all the requirements, it becomes the MINISTERIAL DUTY of the RD to register the instrument without necessary delay. The purposes of annotating adverse claim are: 1. to APPRISE 3RD PERSONS that there is a CONTROVERSY OVER OWNERSHIP of the land; and 2. to PROTECT the right of the adverse claimant during the pendency of the controversy. NOTE:
the subsequent sale of the property covered by the certificate of title CANNOT PREVAIL over an adverse claim duly sworn to and annotated on the certificate of title previous to the sale. Thus, one who buys from the registered owner without checking the vendors title is bound by the liens and encumbrances annotated thereon, and takes all the risks and losses consequent to such failure.
SEC.70, P.D. 1529 has 2 parts: 1. Refers to the petition of the party who claims any part or interest in registered land, arising subsequent to the date of the original registration, for the registration of his adverse claim, which is a ministerial function of the RD absent any defect on the face of the instrument. 2. Refers to the petition filed in court by a party in interest for the cancellation of the adverse claim upon a showing that the same is invalid. REQUISITES OF ADVERSE CLAIM 1. Adverse claimant must state the ff. in writing: a. His alleged right or interest b. How and under whom such alleged right or interest is acquired c. Description of the land in which the right or interest is claimed, and d. Number of certificate of title. 2. It must be signed and sworn to before a notary public or other officers authorized to administer oath. 3. Claimant should state his residence or the place to which all notices may be served upon him. NON-COMPLIANCE with any renders adverse claim NON-REGISTRABLE and INEFFECTIVE.
ADVERSE CLAIM NOT IPSO FACTO CANCELLED AFTER 30 DAYS; HEARING NECESSARY In Sajonas v. CA, held that while the law states that the adverse claim shall be effective for a period of 30 days from the date of registration, this provision should be read in relation to the sentence ff. after the lapse of said period, the annotation of adverse claim may be cancelled upon filing of a verified petition therefor by a party in interest. This means that the cancellation of the adverse claim is still necessary to render it ineffective, otherwise, the inscription will remain annotated and shall continue as a lien upon the property. NOTE: RD cannot unilaterally cancel the adverse claim. There must be court hearing. REASON- to afford the adverse claimant an opportunity to be heard, providing a venue where the propriety of his claimed interest can be established or revoked, all for the purposes of determining at least the existence of any encumbrance on the title arising from such adverse claim. FORECLOSURE SALE RETROACTS TO REGISTRATION OF MORTGAGE Hence, adverse claim registered only after the annotation of the mortgage at the back of the certificate of title, the adverse claim could not affect the rights of the mortgagee.
SEC.71- Court authorizes the RD to compel the registered owner to produce the owners duplicate certificate
in order that attachment or other lien in the nature of involuntary dealing may be annotated thereon. If owner neglects or refuses to compl within reasonable time, he shall report such fact to the proper RTC which shall, after notice, direct the owner to produce his certificate at a time and place specified in its order.

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LTD Book Summary SEC.75- APPLICATION FOR NEW CERTIFICATE UPON EXPIRATION OF REDEMPTION PERIOD
If land has not been redeemed within the period allowed by law, the purchaser or anyone claiming under him may petition the court for the issuance of a new certificate of title to him. HOWEVER, the registered owner may pursue all legal and equitable remedies to impeach or annul the proceedings. NOTICE OF LIS PENDENS Literally means a PENDING SUIT. It refers to the jurisdiction, power or control which a court acquires over property involved in a suit, pending the continuance of the action, and until final judgment. It may involve actions that deal not only with the title or possession of a property, but also with the use or occupation of a property. The litigation must directly involve a specific property which is necessarily affected by the judgment. PURPOSE 1. To protect the rights of the party causing the registration of the lis pendens 2. To advise 3rd persons who purchase or contract on the subject property that they do so at their peril and subject to the result of the pending litigation. EFFECTS 1. Keeps the subject matter of litigation within the power of the court until the entry of the final judgment so as to prevent the defeat of the latter by successive alienations. 2. Binds the purchaser of the land subject of the litigation to the judgment or decree that will be promulgated thereon whether such a purchaser is a bona fide purchaser or not. 3. Does not create a non-existent right or lien. NATURE It is not a lien or encumbrance. But a mere cautionary notice to prospective buyers of certain property under litigation. It is an incident in an action, an extrajudicial one. And does not affect the merits of the pending litigation. It need not be annotated in the owners copy. It is sufficient that it is annotated at the back of the original copy of the certificate of title on file with the RD. It is an INVOLUNTARY ACTION, hence, its entry in the day book of the RD is a sufficient notice to 3 rd parties. One who deals with it cannot claim that he is a purchaser in good faith. NOTICE OF LIS PENDENS, WHEN APPROPRIATE 1. Action to recover possession of real estates 2. Action to quiet title 3. Action to remove clouds 4. Action for partition 5. Any other proceedings of any kind in court directly affecting the title to the land or the use or occupation thereof or the buildings thereon. NOTICE OF LIS PENDENS, WHEN NOT PROPER 1. Preliminary attachments 2. Proceedings for the probate of wills 3. Levies on execution 4. Proceedings for the administration of estate of deceased persons 5. Proceedings in which the only object is the recovery of a money judgment. CONTENTS OF NOTICE OF LIS PENDENS 1. Statement of the institution of an action or proceeding 2. The court where the same is pending 3. The date of its institution 4. Reference to the number of the certificate of title of the land. 5. Adequate description of the land affected and its registered owner. CANCELLATION OF LIS PENDENS GEN.RULE- it cannot be cancelled while the action is pending and undetermined. EXCEPTION- In cases expressly provided for in the statute: a. Upon order of the court b. Upon action by the RD at the instance of the party who caused the registration of notice. GROUNDS FOR CANCELLATION OF NOTICE OF L.P. 1. If the annotation is for the purpose of molesting the title of the adverse party. 2. When annotation is not necessary to protect the title of the party who caused it to be recorded.
CHAPTER VI Registration of Judgments, orders, partitions Section 78. Judgment for plaintiff
Judgment for plaintiff in an action for recovery of possession or ownership affecting registered land shall be entitled to registration upon presentation of certificate of entry from clerk of court to RD RD shall enter memorandum upon the certificate of title covering the land subject of the action If only a portion is affected certificate of the clerk of court shall contain a description of the portion Registration is to appraise 3rd persons of the status of the land affected by the judgment When RD is requested to enter new certificated of title pursuant to a judgment, and the owners duplicate is not presented, the RD shall not enter a new certificate. The person claiming may apply by petition to the court, after hearing, may order the owner to surrender the same, and direct the entry of a new certificate.

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LTD Book Summary
Section 79. judgment adjudicationg ownership (different from 107) entitled to the entry of a new certificate and to the cancellation of the
original certificate and owners duplicate of the former registered owner. If the registered owner neglects or refuses to produce it, within a reasonable time after request, the court shall on application and after notice, enter an order to the owner to produce his certificate at the time and place designated and may enforce the order by suitable process.
Section 80. Execution of deed by virtue of judgment

The court shall direct the parties to execute the requisite deed or instrument as may be necessary to give effect to the judgment May direct the owner to surrender his owners duplicate for cancellation or entry of appropriate memorandum thereon. If not in the country, minor, insane, or not amenable to court process, the court may appoint a suitable person as trustee to execute deed for registration. This is to prevent frauds and for the presumption that the deed or instrument is genuine.
Section 81. judgment of partition

Partition, generally o Partition separation, division, and assignment of a thing held in common among those whom it may belong, both real and personal properties may be the object of partition. o Action for partition, 2 issues : 1. W/N plaintiff is indeed a co-owner of the property 2. How the property is to be divided o After judgment, if parties can agree among themselves, partition is made through proper instruments of conveyance submitted and upon approval of the court. And such would be recorded in the RD. o If parties were unable to agree, court shall appoint not more than 3 competent and disinterested persons as commissioners to make the partition. Judicial partition o An action for partition of real property is a judicial controversy between persons seeking to secure a division or partition among them of the common property giving to each one the part corresponding to him. o If actual partition is made, the judgment shall state definitely by metes and bounds and adequate description the particular portion of the real estate. A certified copy of the judgment shall be recorded in the RD o After the entry of final judgment of partition, a copy of such final judgment certified by the clerk of court shall be filed and registered with the proper RD. if the land is set off to the owners in severalty, each owner shall be entitled to have his certificate entered showing the share set off to him in severalty, and to receive owners duplicate thereof. Extrajudicial partition between heirs o If the decendant left no will and no debts and heirs are all of age or with legal representatives, the parties without securing letters of administration, divide among themselves as they see fit by means of a public instrument filed in the RD, if they disagree, file an ordinary action for partition. o If only one heir, he may adjudicate to himself the entire estate by means of affidavit filed in the RD. o Parties shall file, simultaneously with the filing of the public instrument, or stipulation in action for partition, or affidavit in RD, a BOND with the RD amount equivalent to the value of the property involved as certified under oath by parties o Extrajudicial settlement shall be published in a newspaper of general circulation, it shall not bind those who are not parties or who has not received notice thereof. Oral partition o Those not included in the torrens systems, as a practice is tolerated. o However, if covered by certificate of title, strict compliance with the law may be necessary Statute of frauds inapplicable o Partition or renunciation of inheritance is not exactly a conveyance of real property. Just a confirmation or ratification of title or right of property, therefore it is not covered by the statute of frauds. o Courts of equity have enforced oral partitions when it has been completely or partially performed. Action for partition imprescriptible, exception o Action to demand partition is imprescriptible or cannot be barred by laches. EXPT it cannot be invoked when one of the co-owners has possessed the property as exclusive owner and for a period sufficient to acquire it by prescription. Thus, when they executed a deed of extrajudicial settlement stating therein that they are the sole heirs and secured a new TCT in their own name, and set up a title adverse to them. (Gerona v. De guzman) Stages in partition (De mesa v. CA) o 1. Action for judicial partition and or accounting concerned with determining the fact of existence of a co-ownership, and if partition is proper o 2. If parties were unable to agree upon partition ordered by the court. Proof of partition o Inferred from circumstances sufficiently strong to support presumption. Purpose of registration o (maglucot-aw v. Maglucot) respondents contend that unless partition is shown in the title there can be no valid partition. SC rejected it holding that the purpose of registration is to notify and protect the interests of strangers to a transaction, who may be ignorant thereof, but the non-registration of the deed evidencing such transaction does not relieve the parties thereto of their obligations
Section 82 registration of prior registered mortgage or lease on partitioned property

If judgment is to registered and it appears that a mortgage or lease affecting a portion or an undivided share has been previously registered, the RD shall carry over and annotate such encumbrance on the certificate of title that may be issued, with a description of the land set-off in severalty on which such mortgage or lease remains in force.
Section 83. notice of insolvency Section 84 judgment or order vacating insolvency proceedings
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LTD Book Summary

The certificate entered in the name of the trustee shall be cancelled and a new one be given to him
Section 85 Land taken by eminent domain

Expropriated private land becomes property of public domain, registration o RD is to issue in the name of the National Government new certificates of title covering such expropriated lands. Lands of public dominion may also be registered pursuant to existing laws (Chavez v. PEA) o If expropriated land is abandoned for a particular use, it does not revert to the former owner. Recording of judgment o Shall state by adequate description, nature of public use. A certified copy of judgment shall be recorded in the RD of the place property is situated, and its effect shall be to vest in the plaintiff the title to the real estate so described for such public use or purpose.
Section 86. extrajudicial settlement of estate

Extrajudicial settlement by agreement of the parties Judicial administration not favored Validity of oral partition o Intrinsic validity not affected if there are no creditors or creditors rights are not affected Prescriptive period to annul deed of extrajudicial settlement o GR it does not prescribe. Only true if defendants does not hold the property in question under an adverse title.
Section 87. filing of letters of administration and will Section 88. dealings by administrator subject to court approval Section 89. land devised to executor Section 90 when executor empowered by will to sell Section 91. transfer in anticipation of final distribution Section 92. registration of final distribution of estate
Chapter VII - ASSURANCE FUND
Claims Against the Assurance Fund A remedy for a person who sustains loss or damage or is deprived of any estate or interest in land in consequence of the operation of the Torrens System of Registration without negligence on his part Requisite for Recovery from Assurance Fund 1. Persons Sustains Loss or Damage/ Deprived of any estate or interest in land 2. Damage arise after original registration 3. Through fraud, error, omission, mistake, or misdescription in a certificate of title or entry or memorandum in the registration book 4. Without negligence on his part 5. Barred from recovering such land or estate Joaquin v. Madrid The giving of the certificate of title to Carmencita de Jesus is in itself no act of negligence on the part of respondents, it was perfectly legitimate. x x x It was petitioner who was negligent, as he did not take enough care to see to it that the persons who executed th edeed of mortgage are the real registered owners of the property *Requisite is that there should be no negligence
Chapter VIII - REGISTRATION OF PATENTS Sec 103: Certificate of Title Pursuant to Patents
Granted by the government still brought under this decree Duty of the official issuing the instrument to file it to the Register of Deeds where it was situated To convey the land the registration should be done not just the mere grant
Imperium vs Dominium Imperium government authority possessed by the State which is appropriately embraced in the concept of sovereignty Dominium capacity to own or acquire property Reservations of lands of the public domain is a valid assertion of Regalian right Presidential proclamations reserving certain lands of the public domain for specific pblic purposes have the character of official assertions of ownership, and the resumption is that they have been issued by right of sovereignty and in the exercise of the States dominical authority Classification of Lands of the Public Domain under the Constitution *Sec 3 Article XII, Constitution 1. Agricultural alienable which may be disposed 2. Forest or timber 3. Mineral Lands 4. National Parks *Ancestral Domain and Ancestral Lands as defined in RA No. 8371 (IPRA) are not part of the lands of the public domain

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LTD Book Summary

Public Land Act (CA No. 141) Compiled the then existing laws of the public domain Remains to this day the existing general law governing classification and disposition of lands of the public domain other than timber and mineral lands Property Registration Decree There is title to be confirmed by court May dismiss the application without prejudice to file a new application Risk that an applicant runs is to have his application denied Public Land Act Land applied for pertains to the State Imperfect title/ OCENCO Court has jurisdiction or power to adjudicate land in favor of any of the conflicting claimants Applicant runs the risk of losing the land applied for
No public land can be acquired except by grant from the State Lee Hong Hok v. David No public land can be acquired by private persons without any grant, express or implied from the government. In other words, it is indispensable that there be a showing of a title from the state Classification of Lands 1. Lands of the Public Domain a. Alienable b. Inalienable 2. Lands of the Private Domain a. Not devoted for public use b. Not devoted for public service, or the development of national wealth Under Civil Code 1. Public dominion a. Public Use b. Public Service 2. Patrimonial Properties Under Public Land Act (Sec. 6 of PLA) 1. Alienable or Disposable may be subject of disposition 2. Tiber 3. Mineral Lands Classification of Public Lands open to Disposition (Sec. 9 PLA) 1. Agricultural 2. Residential, Commercial, Industrial, similar productive purposes 3. Educational, Charitable, similar purposes 4. Reservations for town sites and for public and quasi public uses Modes of Disposition 1. Homestead Settlement 2. Sale 3. Lease 4. Confirmation of imperfect or incomplete titles a. Judicial legalization b. Administrative legalization (free patent) Homestead Patent Exempt from CARP coverage Requirements: 1. Over age of 18, head of the family 2. Apply for not more than 12 hectares 3. Cultivated and improved at least 1/5 of the land since approval of the application 4. Resided for atlease 1 year in the municipality, or in adjacent municipality 5. After required fee Mesina v. Sonza where all the necessary requirements for a grant by the Government are complied with through actual physical possession openly, continuously , and publicly, with a right to a certificate of title to said land under the provisions of Chapter VII of Act No 2874, the possessor is deemed to have already acquired by operation of law not only a right to a grant, but a grant of the Government, for it is not necessary that a certificate of the title be issued in order that said grant may be sanctioned by the courts an application therefore being sufficient Sales Patent Acquisition of public agricultural lands by purchase is governed by Chapter V of PLA A. Public Agricultural Land Requirements: 1. Over age of 18, head of family 2. Public agricultural land not to exceed 12 hectares sold thru sealed bidding *awarded to the highest bidder but the applicant may equal the highest bidder

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LTD Book Summary

3. 4. 5. Full payment upon award/ not more than 10 equal annual installments Cultivated the 1/5 of the land within 5 years from the date of the award and before the patent is issued Show actual occupancy, cultivation and improvement of at least 1/5 of the land until payment
B. Lands for Residential, Commercial or Industrial Purposes Classification (Chapter IX, PLA) 1. Lands reclaimed by the government by dredging, filling, or other means 2. Foreshore 3. Marshy lands or lands covered with water bordering upon the shores or banks of navigable lakes or rivers 4. Lands not included in any of the foregoing classes *1 and 2 disposed thru lease only *3 and 4 sold with condition that the purchaser will make permanent improvements C. Lands for Residential Purposes GR: May be sold only at auction EXPN: Sold to qualified applicants Requirements 1. Filipino Citizen of legal age 2. Not the owner of a home lot in the municipality or city in which he resides 3. Established in good faith his residence on a parcel of public land not needed for public service 4. Constructed his house and actually resided therein D. Lands within Military Reservations - President declared as no longer needed may be subdivided by the Director of Lands, and thereafter sold to persons qualified -priority given to bona fide occupants, and war veterans E. Lands for Educational, Charitable and other Similar Purposes - may be sold or leased - same as agricultural public lands - purpose of cemetery, school, college, etc. Free Patent (Sec. 44, Chapter VII) -only apply to alienable and disposable lands of the public domain which have been in OCENCO since June 12, 1945 Requirement: 1. Natural-born citizen 2. Not the owner of more than 12 hectares 3. For 30 years prior to the effectivity of this amendatory Act, occupied and cultivated, either by himself or through his predecessors-in-interest a tract or tracts of agricultural public land subject to disposition 4. Paid the real estate tax Reservations President may designate by proclamation any tract or tracts of land of the public domain as reservations for the use of the RP or any of its branches, or of the inhabitants thereof Special Patents Patent to grant, cede, and convey full ownership of alienable and disposable lands formerly covered by a reservation or lands of the public domain Issued upon the promulgation of a special law or act of Congress or by the Secretary of Environment and Natural Resources as authorized by an Executive Order of the President Friar Lands Purchased by the government for sale to actual occupants under the provisions of Act No. 1120 or the Friar Lands Act Not public lands but private or patrimonial property of the government and their acquisition is not governed by the provisions of PLA Foreshore Lands Strip of land that lies between the high and low water marks and that is alternately wet and dry according to the flow of the tide Inalienable unless converted by law into alienable and disposable lands of the public domain Chavez v. PEA Issue: Whether AMARI, a private corporation, can acquire and own the reclaimed foreshore and submerged areas in Manila Bay Held: No. The Regalian doctrine is deeply implanted in our legal system. Foreshore and submerged areas form part of the public domain and are inalienable Vested Rights Some right or interest in property that has become fixed and established, and is no longer open to doubt or controversy Registration of patent is the operative act to convey the land Once a public land is alienated, granted or conveyed by the government, the same shall be brought forthwith under the operation of the Property Registration Decree Title cannot be defeated by adverse title Private Part cannot bring action for reversion If there has been any fraud or misrepresentation in obtaining the title, an action for reversion instituted by the Solicitor General would be the proper remedy. But an action for reversion may be filed by the Solicitor General only upon the recommendation of the Director of Lands Action for reversion is not barred by prescription Prohibition against alienation of lands acquired under the homestead & free patent provision No encumbrance shall be made within years Lease is a form of encumbrance

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LTD Book Summary

*Encumbrance anything that impairs the use or transfer of property; anything that constitutes a burden on the title; a claim on lien on property
Chapter IX Certificate of Land transfer, emancipation patent, affidavit of non-tenancy Section 104. Provisional Register of Documents. Section 105. Certificates of Land Transfer, Emancipation Patents.
PD 27 Tenant emancipation decree o The tenant farmer, whether in land classified as landed estate or not, shall be deemed owner of a portion constituting a family size farm of 5 hectares if not irrigated and 3 hectares if irrigated. o In all cases, the landowner may retain an area of not more than 7 hectares if such landowner is cultivating such area or will now cultivate it. CARP o Retention limits o no person may own or retain directly or indirectly any publc or private agricultural land the size of which shall vary according to factors governing a viable family size farm in no case shall retention by the landowner exceed 5 hectares. 3 hectares may be awarded to each child of the landowner, subject to the following qualifications: 1. That he is at least 15 years old 2.) that he is actually tilling the land or directly managing the farm o in case the tenant chooses to be a beneficiary in another agricultural land, he loses his right as a leaseholder to the land retained by the landowner. The tenant must exercise this option within a period of one year from the time the land owner manifests his choice of the area for retention. Pd 27 laid down a system for the purchase by small farmers of the lands they were tilling o Fundamental objective of addressing valid and legitimate grievance of land ownership giving rise to violent conflict and social tension in the countryside. o Recognized the necessity to encourage a more productive agricultural base of the countrys economy. To achieve this, the decree laid down a system for the purchase by small farmers. o Transfer of ownership over these lands is subject to particular terms and conditions the compliance with which is necessary in order that the grantees can claim the right of absolute ownership over them. o Certificate issued in pd 27 provides that the tenant farmer is deemed to tbe the owner of the agricultural land subject to the conditions that the cost of the portion transferred to him, including the interest, shall be paid in 15 equal annual amortization and that he must be a member of a barrio association upon organization of such association in his locality. o All tenanted rice/corn lands with areas of 7 hectares or less belonging to landowners who own other agricultural lands of more than 7 hectares in aggregate areas or lands used for residential, commercial, industrial or other urban purposes from which they derive adequate income to support themselves and their families. Scope of CARP o Agrarian Reform redistribution of lands regardless of crops or fruits produced to farmers and regular farmworkers who are landless, irrespective of tenurial arrangement. o PD 27 is limited in scope covering only tenanted private agricultural lands primarily devoted to rice and corn operating under a system of share-tenancy or lease tenancy whether classified as landed estate or not. The constitution expanded the scope of agrarian reform to cover all agricultural lands. o SCOPE OF CARP All alienable lands of public domain devoted or suitable for agriculture All lands of the public domain in excess of the specific limits as determined by congress All other lands owned by the government devoted to or suitable for agriculture All private lands devoted to or suitable for agriculture regardless of the agricultural products raised or that can be raised thereon. Exemptions and exclusions o Lands actually directly or exclusively used for parks, wildlife, forest reserves, reforestration, fish sanctuaries and breeding grounds, watersheds, and mangroves o Private lands actually directly and exclusively used for prawn farms and fishponds o Lands actually directly and exclusively used and found to be necessary for: National defense, school sites and campuses, Church sites and convents, mosque, communal burial grounds and cemeteries. Penal colonies and penal farms Government and private research and quarantine centers All lands with 18% slope and over, expt those already developed. Only agricultural lands are subject to agrarian reform coverage Lands converted to non-agricultural uses prior to the effectivity of CARL are outside its coverage. Farms used for raising livestock, poultry and swine not covered Agricultural lands reclassified by LGUs into residential, commercial or industrial uses excluded Homesteads, lands used for academic or educational purpose, are excluded
(other discussions parang hindi na importante)
Section 106 sale of agricultural land, affidavit

Restriction on sale or other voluntary disposition of agricultural land o No voluntary deed or instrument purporting to be a subdivision, mortgage, lease, sale or any other mode of encumbrance or conveyance of private agricultural land principally devoted to rice or corn or any portion thereof shall be registered unless accompanied by an affidavit of the vendor or executor stating that the land involved is not tenanted, or if tenanted, the same is not primarily devoted to the production of rice and/or corn. memorandum of said affidavit shall be annotated on the certificate of title.
CHAPTER X: Petitions and Actions After Original Registration Abad, Bagang, Mananquil & Taguiam
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LTD Book Summary Remedy where duplicate certificate is withheld

No time limit to file petition Party refuses to surrender the owners duplicate certificates to the Register of Deeds, the other party may file a petition in court to compel the other to surrender the duplicate certificate
Amendment and Alteration of Certificates GR: No alteration shall be made in upon the registration book after the entry of a certificate of title EXPN: order of the proper Court of First Instance Rationale: since the fundamental purpose of the Torrens system of registration is to settle finally and for all time the title to land registered, no erasure, alteration, or amendment shall be made upon the registration book after the entry of the certificate of title except upon order of court Replacement Applicable to lost Owners Duplicate Certificates of Title RTCs have exclusive jurisdiction over all applications for original registration of title to lands including improvements and interests therein and over all petitions filed after original registration of title Requirements: 1. Notice of the loss or destruction 2. Petition for the replacement filed in court and entitled in the original case 3. State under oath the facts and circumstances surrounding 4. Court may set petition for hearing, after notice to Register of Deeds and other parties 5. After notice and hearing, direct the issuance of new duplicate certificate Reconstitution Original copies of certificate of title lost or destroyed in the offices of Register of deeds Judicial Reconstitution (RA No. 26: An Act Providing a Special Procedure for the Reconstitutionof Torrens Certificates of Titles Lost or Destroyed) Same validity and legal effect as the original thereof Not subject to the reservation that it shall be without prejudice to any party whose right or interest in the property was duly noted in the original at the time of loss or destruction but which entry or notation has not been made on the reconstituted title
Sources of Reconstitution 1. For original certificates of title a. Owners duplicate of Certificate of Title b. Co-owners, mortgagees, lessees duplicate of the Certificate of Title c. A certified copy of the Certificate of Title, previously issued by the register of deeds or by a legal custodian d. Authenticated copy of the decree of registration or patent, 2. For transfer certificates of title a. Owners duplicate of Certificate of Title b. Co-owners, mortgagees, lessees duplicate of the Certificate of Title c. Certified copy of the certificate of title previously issued by the register of deeds or by a legal custodian d. Deed of transfer 3. For Liens and Encumbrances a. Annotations or memoranda appearing on the owners, co-owners, mortgagees, or lessees duplicate b. Registered documents on file in the registry of deeds, or authenticated copies thereof showing that the originals there c. Any other document, which according to the court is sufficient and proper basis for reconstituting the liens or encumbrances affecting the property Compliance with Jurisdictional Requirements is Mandatory 1. Publication 2. Posting 3. Service of Notice NB (Nota Bene): Register of Deeds is not a proper party to file the petition for reconstitution o The registered owner, his assigns, or any person who has an interest Reconstitution is improper where there is no title to be reconstituted, or where the original certificate of title in fact exists Administrative Reconstitution May be availed of only in case of substantial loss or destruction of land titles due to fire, flood or other force majeure as determined by the Administrator of the Land Registration Authority After the destruction of titles LRA should make an inventory Sources of Reconstitution Affidavit of the registered owner stating: 1. that no deed or instrument affecting the property had been presented for registration o If there is any, state the date, nature as well as the names of the parties 2. Owners Duplicate Certificate or Co-owners Duplicate is in due form without any apparent intentional alterations or erasures 3. Certificate of Title is not the subject of litigation or investigation, administrative or judicial 4. Certificate of Title was in full force and effect at the time it was lost or destroyed 5. Certificate of Title is covered by tax declaration regularly issued by the Assessors Office

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LTD Book Summary

6. Real Estate Taxes have been fully paid up to at least 2 years prior to the filing of the petition for reconstitution Remedy of Aggrieved Party obtained by means of fraud, deceit, or other machination is void ab initio as against the party obtaining the same and all persons having knowledge the proper court may be set aside the decision granting reconstitution where the interested party was unjustly deprived or prevented from taking part in the proceedings through fraud, accident, mistake, or excusable negligence Remedy of Aggrieved Party in Administrative Reconstitution Appeal from order or decision of reconstitution Petition for Review on the ground of fraud, accident, mistake, or excusable negligence Medina v. Court of Appeals Appeal can be filed within 15 days from the receipt of the judgment or order by the aggrieved party
CHAPTER XI: SCHEDULE OF FEES; SPECIAL FUNDS CHAPTER XII: FORMS USED IN LAND REGISTRATION AND CONVEYANCING CHAPTER XIII: DEALINGS WITH UNREGISTERED LANDS Registration of instruments dealing with unregistered land
NB: Recording by Register of Deeds is ministerial, it is not an exercise of judicial or quasi-judicial power in the registration of sheriffs deeds or certificates of sale The RD shall keep a primary entry book and a registration book. The primary entry book shall contain, the entry number, names of the parties, nature of the document, and the date, hour and minute it was presented. The recording shall be effected by an annotation of the registration book after the same shall have been entered in the primary entry book All lands registered in the Spanish Mortgage Law which are not yet covered by Torrens Titles shall be considered unregistered lands
CHAPTER XIV: REGISTRATION OF CHATTEL MORTGAGES

Chattel Mortgage Personal property is recorded in the Chattel Mortgage Register as a security for the performance of an obligation Purpose: provide for the registry of Chattel Mortgages and transfers thereof
CHAPTER XV: CONSULTAS

Sec. 117: Procedure Consulta In a situation where the RD determines that the instrument is not registrable, he shall notify the party in writing, stating the reasons for such denial, if that party does not agree with RDs ruling, he may elevate the matter by consulta to the LRA for resolution RD shall make a memorandum of the pending consulta on the Certificate of Title which shall be cancelled motu propio 1. Upon final resolution of the case by the LRA 2. If the consulta is withdrawn by the petitioner

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LTD Book Summary

Abad, Bagang, Mananquil & Taguiam

LTD Book Summary

Abad, Bagang, Mananquil & Taguiam

LTD Book Summary

Abad, Bagang, Mananquil & Taguiam

LTD Book Summary

Abad, Bagang, Mananquil & Taguiam

LTD Book Summary

Abad, Bagang, Mananquil & Taguiam

LTD Book Summary

Abad, Bagang, Mananquil & Taguiam

LTD Book Summary

Abad, Bagang, Mananquil & Taguiam

LTD Book Summary

Section 40. Entry of Original Certificate of Title

Section 41. Owners duplicate certificate of title

Section 42. registration books Section 43. TCT

Section 44. Statutory lien affecting title

Abad, Bagang, Mananquil & Taguiam

LTD Book Summary

Section 45. Statement of personal circumstances in the certificate

Section 46. general incidents of registered land

Section 47. registered land not subject to prescription

Abad, Bagang, Mananquil & Taguiam

LTD Book Summary

Section 49. Splitting or consolidation of titles

Section 50. subdivision and consolidation plans

Abad, Bagang, Mananquil & Taguiam

LTD Book Summary

CHAPTER V- SUBSEQUENT REGISTRATION

Abad, Bagang, Mananquil & Taguiam

LTD Book Summary

Sec. 53- Presentation of owners duplicate upon entry of new certificate.

Abad, Bagang, Mananquil & Taguiam

LTD Book Summary

Abad, Bagang, Mananquil & Taguiam

LTD Book Summary

B. MORTGAGE AND LEASES

Abad, Bagang, Mananquil & Taguiam

LTD Book Summary

Abad, Bagang, Mananquil & Taguiam

LTD Book Summary

Abad, Bagang, Mananquil & Taguiam

LTD Book Summary

Abad, Bagang, Mananquil & Taguiam

Abad, Bagang, Mananquil & Taguiam

LTD Book Summary

Section 80. Execution of deed by virtue of judgment

Section 81. judgment of partition

Section 82 registration of prior registered mortgage or lease on partitioned property

LTD Book Summary

Section 85 Land taken by eminent domain

Section 86. extrajudicial settlement of estate

Abad, Bagang, Mananquil & Taguiam

LTD Book Summary

Abad, Bagang, Mananquil & Taguiam

LTD Book Summary

Abad, Bagang, Mananquil & Taguiam

LTD Book Summary

(other discussions parang hindi na importante)

Section 106 sale of agricultural land, affidavit

LTD Book Summary Remedy where duplicate certificate is withheld