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LAND TITLES AND DEEDS

Chapter I

INTRODUCTION

A. CONCEPTS AND DEFINITIONS

1. THE TORRENS SYSTEM

A system for registration of land under which, upon the landowner’s application,

the court may, after appropriate proceedings, direct the issuance of a certificate of

title ( Black’s Law Dictionary).

2. LAND TITLE

Evidence of the right of the owner or the extent of his interest, and by which

means he can maintain control, and as a rule assert right to exclusive possession

and enjoyment of property.

3. DEED

A written instrument executed in accordance with law, wherein a person grants or conveys to another certain land, tenements, or hereditaments.

4. FEE SIMPLE

Absolute title; absolute estate in perpetuity. Land is conferred upon man and his

heirs absolutely and without any limitation imposed upon the State.

5. REGISTRATION

The State provides a public record of the title itself upon which a prospective purchaser or someone else interested may rely.

6. RECORDING

Provides the recording of conveyance and other instrument without guaranteeing

the title, leaving to the prospective purchasers or other persons interested toexamine the instruments in the records and formulate their own conclusions as to

their effect on the title.

B. NATURE

Land registration is a proceeding in r em (Sec. 2, PD 1529). A proceeding in rem, dealing

in tangible res, may be instituted and carried to judgment, without personal service( Roxas v. Enriquez; 29 Phil. 31).

Case Summary

Roxas v. Enr iquez; 29 Phi l. 131

Facts:

Petitioner Roxas filed a petition for the correction of the certificate of title that was

previously issued to her so as to include several buildings upon the lands included in her petition.

C. PURPOSE OF REGISTRATION

The real purpose of the system is to quiet title to land; to put a stop forever to any

questions of the legality of the title, except claims which were noted at the time of the



registration, in the certificate, or which may arise subsequent thereto ( Legarda v.

Saleeby).

To establish and certify to the ownership of an absolute and indefeasible title to realty,

and to simplify its transfer (Grey Alba v. Court of Appeals).

D. JURISDICTION

1. Regional Trial Courts of the province or city where the land or a portion of it

lies, and land registration proceedings and over all petitions filed after original

registration of titles (Sec. 2, PD 1529).

2. Municipal/Metropolitan Trial Courts for cadastral and land registration casescovering:

a. Lots without controversy or opposition; and

b. Contested lots where the value does not exceed P100,000.00 (Sec. 34, BP

129).

Chapter II

TORRENS CERTIFICATE OF TITLE

A. KINDS

1. Original Certificate of Title (OCT)

The first title issued in the name of a registered owner by the Register of Deeds

covering a parcel of land which had been registered under the Torrens System, byvirtue of judicial or administrative proceedings.

2. Transfer Certificate of Title (TCT)

The certificate shall show the number of the next previous certificate covering the

same land and also the fact that it was registered, giving the record number, the

number of the original certificate of title, and the volume and page of theregistration book in which the latter is found (Sec. 43, PD 1529).

3. Patents

Whenever public land is by the Government alienated, granted or conveyed to any

person, the same shall be brought forthwith under the operation of [PD 1529]. It

shall be the duty of the official issuing the instrument of alienation, grant, patentof conveyance in behalf of the Government to cause such instrument to be filed

with the Register of Deeds of the province or city where the land lies, and to be

there registered like other deeds and conveyance.

The deed, grant, patent or instrument of conveyance form the Government to thegrantee shall not take effect as a conveyance or bind the land but shall operate

only as a contract between the Government and the grantee and as evidence of

authority to the Register of Deeds to make registration.

It is the act of registration that shall be the operative act to affect and convey theland. After due registration and issuance of the certificate of title, such land shall

be deemed to be registered land (Sec. 103, PD 1529).

B. ENFORCEABILITY OF TORRENS TITLE

The title, once registered, is notice to the world. All persons must take notice. No one can plead ignorance of the registration ( Egao v. Court of Appeals).



Chapter III

ORIGINAL REGISTRATION

A. LAWS GOVERNNG LAND REGISTRATION

1. Presidential Decree No. 1529 (PD 1529)

The Property Registration Decree covers both ordinary and cadastral registration proceedings. It supersedes the Land Registration Act and the Cadastral Act .

2. Commonwealth Act 141 (CA 141)

The Public Land Act governs the procedure for the judicial confirmation of

imperfect or incomplete titles.

It applies to lands of the public domain which have been declared open to

disposition or concession and officially delimited and classified.

Under Section 103 of PD 1529, whenever public land is alienated, granted,conveyed to any person by the Government, the same shall be brought forthwith

under the operation of the said decree.

3. Republic Act No. 8371 (RA 8371)

The Indigenous Peoples Rights Act of 1997 recognizes the rights of ownershipand possession of Indigenous Cultural Communities to their ancestral domains

and lands on the basis of native title, and defines the extent of these lands and

domains. It expressly converts ancestral lands, and individual members of the

cultural communities shall have the option to secure title to their ancestral landsunder CA 141 or PD 1529.

B. EFFECT OF REGISTRATION

Registration does not vest or give title to the land, but merely confirms and thereafter

protects the title already possessed by the owner, making it imprescriptible by occupationof third parties. It does not give the owner any better title that he has.

Registration is not a mode of acquiring ownership. A certificate of tie cannot be used to

protect a usurper from the true owner or as a shield for the commission of fraud

(Vagalidad v. Vagalidad , G.R. No. 161136 ).

C. ORIGINAL REGISTRATION PROCEEDINGS

1. Steps in Original Registration Proceedings

a. Determine if the land is registrable.

b. Determine if you are qualified to apply.

c. Survey the land.

d. File the application with the survey attached for land registration with theappropriate court.

e. Court sets initial hearing.

f. Publication of the initial hearing.

g. Filing of opposition to the application.

h. Hearing

i. Judgment

j. Issuance of the decree.



2. Registrable and Non-Registrable

a. Private Lands

If in the public domain, the land must be classified as alienable and

disposable. It must be classified as such at the time of the filing of theapplication for registration ( Republic v. Court of Appeals & Naguit, G.R.

No. 144057 ).

With the exception of agricultural lands, all other natural resources shall

not be alienated (Section 2 & 3, Article XII; Constitution).

b. Non Registrable Lands

i. Forest or timberland, public forests, forest reserves, and mineral

lands (Sec. 2, 3; Art. XII; Constitution).

ii. Those intended for public use, such as roads, rivers, torrents, ports

and bridges constructed by the State, banks, shores, roadsteads,

and others of similar character.

iii. Those which belong to the State, without being for public use, andare intended for some public service or for the development of the

national wealth ( Article 420, Civil Code).

3. Applicant Qualifications

a. 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.

b. Those who have acquired ownership of private lands by prescription under the provision of existing laws.

c. Those who have acquire ownership of private lands or abandoned river

beds by right of accession or accretion under the existing laws.

d. Those who have acquired ownership of land in any other manner providedfor by law.

If co-owned, file the application jointly.

If sold under pacto de retro, the vendor a retro may file an application for the

original registration of the land but should the period for redemption expire

during the registration proceedings and ownership consolidated in the vendee aretro, the latter shall be substituted for the applicant.

A trustee may apply for original registration, unless prohibited by the instrument

creating the trust (Sec.14, PD 1529).

Applicants must be natural-born Filipino citizens, except:

a. Aliens by way of hereditary succession; and

b. Natural-born citizens who have lost their citizenship, in which case theyare only limited to 5,000 sq. m. for urban land and 3 hectares for rural

land (See RA 7042, as amended by RA 8179).

As for private corporations, they may not hold such alienable lands of the publicdomain except by lease of 1,000 hectares for 25 years and renewable for not

more than 25 years (Sec. 3, Art. XII; Constitution).

Private lands may be owned for as long as the corporation is at least 60% of its

controlling capital stock is owned by Filipino citizens (Sec. 7, Art. XII;

Constitution).



4. Survey

The survey may be done by a public or private surveyor. When done by a private

surveyor it has to be approved by the Land Management Bureau. Presidential

Decree 1529 withdrew the authority of the Land Registration Authority toapprove original survey plans.

5. Application

The application for land registration shall be in:

a. Writing, and

b. Signed and sworn to by the applicant or the person duly authoried in his behalf.

If there is more than one applicant, the application shall be signed and sworn by

and in behalf of each.

It shall contain (Sec 15, PD 1529):

a. The description of the land;

b. The citizenship and civil status of the applicant,

i. If married, the name of the wife or husband,

ii. If the marriage has been legally dissolved, when and how;

c. Full names and addresses of all occupants and those of the adjoiningowners, if known;

d. If not known, it shall state the extent of the search made to find them;

e. If the application describes the land as bounded by a public or private way

or road, it shall state whether or not the applicant claims any portion of theland within the limits of the way or road, and whether the applicant desires

to have the line of way or road determined (Sec. 20, PD 1529);

If the applicant is a non-resident of the Philippines, he shall file an instrument

appointing a resident agent in the Philippines, and shall agree that service of anylegal processes to said agent shall be service upon him (Sec. 16, PD 1529). It must

be accompanied by the original tracing cloth plan, white or blue copies thereof,

the original and copies of the technical description and geodetic engineer’s

certification.

A person claiming ownership of real property must clearly identify the land

claimed by him ( Intestate Estate of Don Mariano San Pedro v. Court of Appeals).

6. Initial Hearing

The court shall issue an order setting the date and hour of the initial hearing

within five days form filing of the application. The initial hearing shall be 45-90days from the date of the order (Sec. 23, PD 1529).

7. Publication

The public shall be notified of the initial hearing by means of (1) publication, (2)

mailing, and (3) posting. The court may also cause the notice to be served and insuch manner as it may deem proper.

a. By Publication

The Administrator of the Land Registration Authority shall cause it to be

published:

i. Once in the Official Gazette (sufficient to confer jurisdiction) and



ii. One in a newspaper of general circulation in the Philippines.

The notice is addressed to:

i. All persons appearing to have an interest in the land;

ii. The known adjoining land owners so far; and

iii. “To whom it may concern”.

b. By Mailing

Within 7 days from publication in the Official Gazette, the Administrator shall mail a copy of the notice to:

i. Every person named in the notice whose address is known.

ii. The Secretary of Public Works and Highways, to the Provincial

Governor, and to the Mayor of the municipality or city, in which

the land lies, if the applicant requests to have the line of a publicway or road determined.

iii. The Secretary of Agrarian Reform; the Solicitor General, theDirector of Lands, the Director of Mines and/or the Director of

Fisheries and Aquatic Resources (as appropriate), if the land borders on a river, navigable stream or shore, or an arm of the sea

where a river or harbour line has been established, or on a lake, or

if it otherwise appears from the application or the proceedings thata tenant-farmer or the National Government may have a claim

adverse to the that of the applicant.

c. By Posting

8. OppositionAny person claiming an interest may appear and file an opposition:

i. On or before the date of initial hearing, or

ii. Within such further time as may be allowed by the court.

The opposition shall state:

i. All the objections, and

ii. The interest claimed by the party; and

iii. The remedy desired.

It shall be signed and sworn to by him or some other duly authorized person ( Sec.

25, PD 1529).If no person appears and answers within the time allowed, the court shall, upon

motion order a default to be recorded. By the description in the notice “To Whom

It May Concern”, all the world are made parties defendant and shall be concluded

by the default order.

Where an appearance has been entered and an answer filed, a default order shall

be entered against persons who did not appear and answer (Sec. 26, PD 1529).

9. Hearing

Proof of Ownershipa. Tax declarations and receipts are not conclusive but have strong probative

value when accompanied by proof of actual possession ( Municipality of

Santiago v. Court of Appeals).

b. Payment of taxes, but payment in one lump sum to cover all past taxes is

“irregular” and affects the validity of the applicant’s claim of ownership( Republic v. Tayag ).



10. Judgment

Judgment becomes final upon expiration of 30 days from receipt of the notice of

judgment (Sec. 30, PD 1529).

Other incidents:a. Writ of Possession

The writ may be issued not only against the person defeated in the

registration case but also against any one adversely occupying the land

during the proceedings (Vencilao v. Vano).

The writ does not lie against a person who entered the land after theissuance of the decree and who was not a party in the case. He can only be

proceeded against in a separate action for ejectment or reinvindicatory

action ( Bernas v. Nuevo).

b. Writ of Demolition

Within 15 days from entry of judgment, the court shall issue an order

directing the Land Registration Authority to issue a decree of registrationand certificate of title.

The decree of registration shall be signed by the Administrator, entered

and filed in the Land Registration Authority. The original of the originalcertificate shall be sent, together with the owner’s duplicate certificate, to

the Register of Deeds where the property is situated for entry in his

registration book (Sec. 39, PD 1529).

The Register of Deeds shall forthwith send notice by mail to the registered

owner that his owner’s duplicate is ready for delivery to him up on

payment of legal fees (Sec. 40, PD 1529).

The decision shall become final 15 days from receipt of the Solicitor-

General of the decision.

Courts retain jurisdiction over the case until after the expiration of one (1)year from the issuance of the decree of registration (Gomez v. Court of

Appeals).

D. ATTRIBUTES AND LIMITATION ON CERTIFICATE OF TITLE AND

REGISTERED LAND

1. Free from Liens and Encumbrances, except:

a. Those noted in the certificate,

b. Liens, claims or rights existing under the laws and Constitution which are

not required to appear of record in the Registry of Deeds,

c. Unpaid real estate taxes levied and assessed within two (2) years preceding the acquisition of any right over the land,

d. Any public highway or private way established or recognized by law, or

any government irrigation canal or lateral thereof, if the certificate of titledoes not state the boundaries of such have been determined, and

e. Any disposition of the property or limitation on the use thereof by virtueof, or pursuant to Presidential Decree 27 or any other laws on agrarian

reform (Sec. 44, PD 1259).



2. Indefeasible

The decree of registration shall not be reopened or revised by reason of absence,

minority, or other disability of any person adversely affected thereby.

The ground for reopening and reviewing the decree of registration shall be based

on actual fraud.

If the reopened not later than one (1) year from and after the date of the entry of

such decree.

No petition shall be entertained where an innocent purchaser for value may be

prejudiced. This includes an innocent lessee, mortgage, or other encumbrances for value.

Upon the expiration of the said period of one year, the decree of registration and

the certificate of title issued shall become incontrovertible. The only remedy left

is an action for damages (Sec. 32, PD 1529).

The rule on incontrovertible nature of a certificate of tile applies when what is

involved is the validity of the OCT, not when it concerns that of the TCT( Arquelles v. Timbancaya).

3. Imprescriptible

No title to registered land shall be acquired by prescription or adverse possession(Sec. 47, PD 1529).

Prescription is unavailing not only against the registered owner but also against

his hereditary successors because the latter merely step into the shores of the

decedent by operation of law and are merely the continuation of the personality of

their predecessor-in-interest ( Barcelona v. Barcelona).

4. 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 ( Sec.

48, PD 1529).

E. JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE

The general rule is that no tile or right to, or equity in, any lands of the public domain

may be acquired by prescription or by adverse possession or occupancy, except as

expressly provided by law (Sec. 57, PD 1529).

The Public Land Act recognizes the concept of ownership under the civil law. Thisownership is based on adverse possession and the right of acquisition is governed by the

chapter on judicial confirmation of imperfect or incomplete titles.

This applies only to alienable and disposable agricultural lands of the public domain.Under Section 6 of Commonwealth Act No. 141, the classification of public lands into

alienable and disposable, forest lands, or mineral lands is the prerogative of the Executive

Department.The rule on confirmation of imperfect titles does not apply unless and until the land

classified as, say, forest land, is released in an official proclamation to that effect so thatit may form part of the disposable agricultural lands of the public domain ( Bracewell v.

Court of Appeals, G.R. No. 107247 ).

Other considerations:

1. Period of Filing



RA 9176 extended the period to file an application for judicial confirmation of

imperfect title to December 31, 2020. It further limited the area applied for to 12

hectares.

2. Requisites for Applicants

a. Must be a Filipino citizen,

b. Must have by himself, or thru his predecessors-in-interest, possessed and

occupied an alienable and disposable agricultural portion of the public

domain,

c. Such possession and occupation must have been open, continuous,exclusive and notorious, and in the concept of an owner since June 12,

1945, and

d. The application is filed with the proper court.

3. Private Corporation Applicants

Where at the time the corporation acquired the land, its predecessors-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, then the

corporation acquiring alienable and disposable lands of the public domain does

not apply for the land was no longer public land but private property ( Director of Lands v. Intermediate Appellate Court & Acme Plywood and Veener Co., G.R. No. 73002).

The requirements of the proceedings are governed by PD 1529.

Chapter IV

CADASTRAL REGISTRATION PROCEEDINGS

Unlike other kinds of registration, this is compulsory as it is initiated by the Government.

The following are the steps in Cadastral Registration Proceedings (Sec. 35-36, PD 1529):

1. Determination by the President that the public interest requires title to unregistered

lands be settled;

2. Director of Lands shall conduct a cadastral survey;

3. Director of Lands gives notice to interested persons;

4. Publication of notice;

5. A copy of the notice shall also be sent to the mayor and the sanggunian;

6. Geodetic engineers or the employees of the Bureau of Lands shall give notice in

advance of the date of the survey of any portion of lands to begin by posting the

notice in the municipal buildings;

7. Interested persons should communicate with the geodetic engineer if he requests for any information about the land;

8. Actual survey or plotting of the land;

9. The Director of Lands represented by the Solicitor-General shall institute original

registration proceedings;

10. Publication, mailing, and posting of the hearing;

11. Hearing;

12. Decision;



13. Issuance of the decree and certificate of title.

It must be noted that in cadastral registration, if the applicant cannot prove that he is entitled to

the land, the land becomes public land and the principle of res judicata applies, unlike in

voluntary registration proceedings.

Chapter V

SUBSEQUENT REGISTRATION

A. TWO TYPES OF DEALINGS

1. Voluntary Dealings

Deeds, instruments, documents which are the results of free and voluntary acts of parties thereto.

2. Involuntary Dealings

Writ, order, or process issued by the court of record affecting registered land, also

other instrument which are not willing acts of the registered owner, executedwithout his knowledge or consent.

B. NECESSITY/EFFECTS OF REGISTRATION

An owner of registered land may convey, mortgage, lease, charge or otherwise deal with

the same in accordance with existing laws.

The deed, mortgage, lease, or other voluntary instrument, except a will shall only operateas:

1. A contract between the parties, and

2. Evidence of authority to the Register of Deeds to make registration.

The act of registration shall be the operative act to convey or affect the land insofar as

third persons are concerned, and in all cases under this Decree, the registration shall be

made in the office of the Register of Deeds for the province or city where the land lies(Sec. 51, PD 1529).

Every conveyance, mortgage, lease, lien, attachment, order judgment, instrument or entry

affecting registered land shall, if registered, filed or entered in the office of the Register

of Deeds be constructive notice to all persons from the time of registering (Sec. 52,1529).

C. VOLUNTARY vs. INVOLUNTARY DEALINGS

Voluntary Dealings Involuntary Dealings

It includes sale, mortgage, lease, patent, powers of attorney, and trusts.

It includes attachment, injunction,

mandamus, levy on execution and notice of

lis pendens.

Presentation of the owner’s duplicate Entry in the day of book is sufficient notice



certificate of title is required to notify;

mere entry insufficient.

to all persons.

An innocent purchaser for value of

registered land becomes the registered

owner the moment he presents and files aduly notarized and valid deed of sale and

the same is entered in the day book and at

the same time he surrenders or presents theowner’s duplicate certificate of title

covering the land sold and pays the

registration fees.

Entry thereof in the day book of theRegister of Deeds is sufficient notice to all

persons even if the owner’s duplicate

certificate of title is not presented to theRegister of Deeds.

It is necessary to register the deed or instrument in the entry book and a

memorandum thereof shall also be made in

the owner’s duplicate certificate and tis

original.

Entry in the day book is sufficient notice to

all persons of an adverse claim without thesame being annotated at the back of the

certificate of title.

As a general rule, a person dealing with registered property need not go beyond, butonly has to rely on, the title. He is changed with notice only of such burdens and claims

which are annotated on the title, for registration is the operative act that binds the

property (Campillo v. PNVB).

A purchaser should investigate under the following instances:

1. When a party concerned has actual knowledge of facts and circumstances that

would impel a reasonably cautious man to make inquiry ( Leung Yee v. Strong

Machinery).2. When purchaser is in bad faith, that is, he had full knowledge of a previous sale

( Jamoc v. Court of Appeals).

3. When a person buys land from one whose rights over the land is evidenced only by a deed of sale and an annotation in the certificate of title but not TCT

(Quiniano v. Court Appeals).

D. REGISTRATION OF VOLUNTARY INSTRUMENTS

General steps n registration:

1. File with the Register of Deeds the voluntary instrument for registration ( Sec. 54, PD 1529). It shall contain the full name, nationality, residence and postal address

of the grantee or other person acquiring or claiming an interest under such

instrument. It shall also contain the grantee’s civil status. If the grantee is acorporation or association, it must show that it is qualified to acquire private lands

(Sec. 55, PD 1529).

2. Present the owner’s duplicate copy. The issuance of a new transfer certificate

without presentation of such is unwarranted and confers no right on the purchaser

( PNB v. Fernandez ).

3. Show that realty taxes thereon have been paid. RA 456 prohibits registration of

documents affecting real property which is delinquent in the payment of real

estate taxes. If evidence of such payment is not presented within 15 days from thedate of entry of said document in the primary entry book of the Register of Deeds,

the entry shall be deemed cancelled.

4. Pay fees and documentary stamp tax.



5. Register of Deeds shall enter the instruments filed with him relating to registered

land. He shall note in such book the date, hour and minute of reception of all

instruments, in the order in which they were received. They shall be regarded asregistered from the time so noted, and the memorandum of each instrument, when

made on the certificate of title to which it refers, shall bear the same date (Sec. 56,

PD 1529).6. The Transfer Certificate Title shall be issued.

E. REGISTRATION OF DEEDS OF SALE (CONVEYANCES) AND TRANSFERS

1. Entire Property is Subject (Sec. 57)

a. An owner shall execute and register a deed of conveyance in a form

sufficient in law.

b. The Register of Deeds shall thereafter make out in the registration book a

new certificate of title to the grantee and shall prepare and deliver to himan owner’s duplicate certificate.

c. The Register of Deeds shall note upon the original duplicate certificate the

date of transfer, the volume and page of the registration book in which thenew certificate is registered and a reference by number to the last

preceding certificate.

d. The original and the owner’s duplicate of the grantor’s certificate shall be

stamped “cancelled”.

e. The deed of conveyance shall be filed and indorsed with the number andthe place of registration of the certificate of title of the land conveyed.

2. Portion of Property is Subject (Sec. 58)

a. Have the plan showing all the portions or lots into which it has been

subdivided and the corresponding technical descriptions verified and

approved. Otherwise, such deed may only be annotated by way of memorandum to serve as a notice to third persons of the fact that certain

unsegregated portion of the land described therein has been conveyed.

b. The original plan and a certified copy of the technical descriptions shall be

filed with the Register of Deeds for annotation in the correspondingcertificate of title.

c. The Register of Deeds shall issue a new certificate of title and cancel the

grantor’s certificate partially with respect only to said portion conveyed,

or the certificate may be cancelled totally and a new one issued describingtherein the remaining portion.

3. Subsisting Encumbrances/Annotations

Encumbrances or annotations that appear in the registration book shall be carried

over in the new certificate or certificates; except so far as they may be

simultaneously released or discharged (Sec. 59, PD 1529).

F. MORTGAGES AND LEASES

Mortgages and leases shall be registered in the manner provided in Section 54 of the PD

1529. Such deed of mortgage or lease shall take effect upon the title only from the time of

registration (Sec. 60, PD 1529).



Upon presentation for registration of the deed of mortgage or lease with the owner’s

duplicate, the Register of Deeds shall enter upon the original of the certificate of title and

also upon the owner’s duplicate certificate a memorandum thereof and shall sign it (Sec.

61, PD 1529).

G. POWERS OF ATTORNEY; TRUSTS

Powers of attorney to deal with registered land shall be registered with the Register of

Deeds of the province or city where the land lies. Revocation of power shall be registeredin like manner (Sec. 64, PD 1529).

To transfer registered land in trust or to create or declare a trust or other equitable

interests in such land without transfer, the particulars of the trust shall not be entered on

the certificate; but only a memorandum thereof shall be entered by the words “in trust”,

or “upon condition”, or other apt words, and by a reference by number to the instrument.A similar memorandum shall be made upon the original instrument (Sec. 65, PD 1529).

No instrument which transfers, mortgages or in any way deals with registered land in

trust shall be registered, unless the enabling power thereto is expressly conferred in the

trust instrument, or unless a final judgment or order of a court of competent jurisdictionhas construed the instrument in favour of the power, in which case a certified copy of

such judgment or order may be registered (Sec. 66, PD 1529).

Whoever claims an interest in registered land by reason of any implied or constructive

trust shall file for registration with the Register of Deeds a sworn statement. Such claimshall not affect the title of a purchaser for value and in good faith before its registration

(Sec. 68, PD 1529).

H. INVOLUNTARY DEALINGS

1. Attachment

An attachment, or a copy of any writ, order or process issued by a court of record,

intended to create or preserve any lien, status, right, or attachment upon registered

land, shall be filed and registered in the Registry of Deeds for the province or cityin which the land lies.

It shall contain a reference to the number of the certificate of title to be affected

and its registered owner. If not claimed on all the land, include a description

sufficiently accurate for identification of the land affected.

A restraining order, injunction or mandamus issued by the court shall be enteredand registered on the certificate of title affected, free of charge (Sec. 69, PD

1529).

The duplicate certificate must be presented for registration. If not, the Register of

Deeds shall, within 36 hours, send notice by mail to the registered owner, statingthat such paper has been registered, and requesting him to send or produce his

duplicate certificate so that a memorandum of attachment or other lien may be

made thereon.

If the owner neglects or refuses to comply within a reasonable time, the Register

of Deeds shall report the matter to the court so that it may order the owner to produce his certificate (Sec. 70, PD 1529).

In case of conflict between a vendee and an attaching creditor, if the attaching

creditor registered first then he acquires a valid title over the property. But wherea party has knowledge of a prior existing interest, which is unregistered at the



time he acquired a right to the same land, his knowledge of that prior unregistered

interest has the effect of registration as to him ( Ruiz v. Court of Appeals).

2. Execution and Tax Delinquency SalesWhenever registered land is (a) sold on execution, (b) taken or sold for taxes or for any assessment or (c) to enforce a lien of any character, or for any costs and

charges incident to such liens, any execution, any officer’s return, or any deed ,

demand, certificate, or affidavit, or other instrument made in the course or the proceedings, shall be filed with the Register of Deeds and registered in the

registration book, and a memorandum made upon the proper certificate of title in

each cases as lien or encumbrance (Sec. 74, PD 1529).

3. Notice of Lis Pendens

This does not create a lien. It may involve actions that deal not only with title or possession or a property but also with the use or occupation of property. The

litigation must directly involve a specific property necessarily affected by

judgment. It is proper in the following cases:

a. Action to recover possession of real estate;

b. Action to quiet title;

c. Action to remove cloud upon the title;

d. Action for partition; or

e. Other proceedings of any kind in court directly affecting the title to land or

the use or occupation thereof or the buildings thereon.A memorandum or notice must be filed and registered so that judgment shall have

an effect on the land and third persons. It should contain (Sec. 76, PD 1529):

a. Institution of such action or proceeding;

b. In which court is it pending;

c. Date of the institution;

d. Number of the certificate of title;

e. Description of the land affected; and

f. Name of the registered owner ]

Notice of lis pendens is not proper in:

a. Preliminary attachments

b. Proceedings for probate of wills

c. Levies on execution

d. Proceedings for administration of estates

e. Proceedings the object of which is a money judgment.

In case of subsequent sales or transfers, the Register of Deeds is duty bound to

carry over the notice of lis pendens on all titles it issues.

Before the final judgment, the court may order the cancellation:

a. After showing that notice is only for the purpose of molesting an adverse party;

b. When it is shown that is not necessary to protect the right of the party who

caused the registration thereof;



c. When the consequences of the trail are unnecessarily delaying the

determination of the case to the prejudice of the other party;

d. When party who caused registration filed a verified petition;

e. When the party, who caused registration filed a verified petition;

f. Deemed cancelled when certificate issued by clerk of court stating manner of disposal of proceeding is registered at any time after final judgment in

favour of the defendant, or other disposition of the action such as to

terminate finally all rights of the plaintiff (Sec. 77, PD 1529).

4. Adverse Claim

A claim is adverse when a person claims any part of interest in registered land

adverse to the registered owner, arising subsequent to eh date of the original

registration (Sec. 70, PD 1529).

The adverse claim shall be effective for a period of 30 days from the date of

registration. After that the annotation of adverse claim may be cancelled uponfiling of a verified petition therefor by the party in interest. After cancellation, no

second adverse claim based on the same ground shall be registered by the same

claimant (Sec. 70, PD 1529).

Requisites:

a. The adverse claimant must state the following:

i. His alleged right or interest;

ii. How and under whom such alleged right or interest is acquired;

iii. The description of the land in which the right or interest is claimed

and;iv. The number of the certificate of title.

b. The statement must be signed and sworn to before a notary public or other officer authorized to administer oath; and

c. The claimant should state his residence or the place to which all notices

may be served upon him.

Non-compliance with the above requisites renders the adverse claim non-

registrable and ineffective.

I. DEALINGS WITH UNREGISTERED LANDS

No deed, conveyance, mortgage, lease, or other voluntary instrument affecting land not

registered under the Torrens system shall be valid, except as between the parties thereto,unless such instrument shall have been recorded under PD 1529 (Sec. 113, PD 1529).

The recording of the deed and other instruments relating to unregistered lands shall be

affected by any of annotation on the space provided therefor in the Registration Book,

after the same shall have been entered in the Primary Entry Book.

In case the Register of Deeds refuses to record, said official shall advise the party ininterest in writing and the latter may appeal the matter to the Administrator of the LandRegistration Authority. Any recording shall be without prejudice to third party with a

better right.

Fees shall be the same amount of fees prescribed for similar services for the registrationof deeds or instruments concerning registered lands.



Chapter VII

PATENTS

The classification of public lands is a function of the executive branch of government. Landsof the public domain which are alienable or open to disposition may be further classified as:

1. Agricultural;

2. Residential, commercial, industrial, or for similar productive purposes;

3. Educational, charitable, or other similar purposes; and4. Reservations for townsites and for public and quasi-public uses.

Modes of Disposition

Public lands suitable for agricultural purposes can be disposed of only as follows:

1. Homestead settlement

2. Sale

3. Lease

4. Confirmation of imperfect or incomplete titles (judicial legalization andadministrative legalization).

KINDS APPLICANT REQUIREMENTS

Homestead Patent(Public Land Act ) Any Filipino citizen, who are at least18 years of age or head of the family.

Maximum of 12 hectares of agricultural land.

Applicant must havecultivated and improved atleast 1/5 of the landcontinuous since theapproval of the application

resided for at least one (1)year in the municipality in

which the land is located inan adjacent to the same.

Payment of fee required.




Sales Patent

Public AgriculturalLands

Lands for Residential

, Commercial, or Industrial Purposes

Any Filipino citizen of lawful age or the head of a family.

Maximum of 12 hectares of agricultural land.

Sold thru sealed bidding.

Purchase price may be paidin full upon the making of

the award or in not morethan 10 instalments from thedate of the award.

Purchaser shall have not

less than 1/5 of the landcultivated within 5 yearsfrom the date of the award.

Before any patent is issuedhe must show actual

occupancy, cultivation andimprovement of at least 1/5of the land until the date of

final payment. Lands reclaimed by the

government and foreshoreshall be disposed by leaseonly.

Marshy lands and other lands may be sold oncondition that the purchaser shall make improvements of a permanent character for

the purpose for which theland is purchased within 18months from the date of theaward.

Exception to CA 141 area

does not exceed 1,000 sq.m.

It shall be an essentialcondition of the sale that the

occupants have constructedhis house on the land andactually resided therein.

Lands for ResidentialPurposes

Any Filipino citizen of legal age andmust not be the owner of a home lot

in the municipality where he resides.The applicant must have establishedin good faith his residence on a

parcel of public land which is notneeded for public service (RA 730).


Special Patent Issued upon the promulgation of a special

law or act of Congress or bythe Secretary of

Environment and NaturalResources as authorizedunder an executive order.



Chapter VIII

REMEDIES OF AGGRIEVED PARTIES

MOTION FOR NEW TRIAL

Prescriptive Period Grounds

Fifteen (15) days from notice of

judgment.

Fraud, accident, mistake, excusable

negligence Newly discovered evidence

Awarded excessive damages, or

insufficiency of evidence, or that the

decision is against the law.

APPEAL


Fifteen (15) days from notice of

judgment (appealable to the Court of

Appeals or the Supreme Court, if applicable).

Same grounds as in ordinary actions.

RELIEF FROM JUDGMENT


Sixty (60) days after Petitioner learns of the judgment, but not morethan six (6) months after judgment

was entered.

Fraud, accident, mistake, excusablenegligence

PETITION FOR REVIEW

Requisites Grounds

1. Petitioner must have an estate or

interest in the land.

2. He must show actual fraud.3. Petition must be filed within one

year from the issuance of the decree

of the LRA.

4. Property has not yet passed to aninnocent purchaser for value.

(Walstrom v. Mapa; G.R. No. 38387 )

Extrinsic fraud

Void decision for lack of due process.

Lack of jurisdiction.

ACTION FOR RECONVEYANCE

Prescriptive Period Jurisprudence / Notes

Before the issuance of a decree, or within or after one (1) year from date

of entry.

Within 10 years if based on impliedtrust.

Imprescriptible if based on express

trust and on void contract.

It does not reopen proceedings but amere transfer of the land from

registered owner to the rightful owner

( Esconde v. Barlongay). It is available in case of fraud thereby

creating a constructive trust between

the parties ( Huang v. Court of



Within four (4) years from the

discovery of fraud if based on fraud.

Appeals). It is not available if the property has

already been transferred to an innocent

purchaser for value.

DAMAGES

It can be availed of when reconveyance is no longer possible as when the land has

been transferred to an innocent purchaser for value (Ching v. Court of Appeals).

ACTION FOR COMPENSATION FROM THE ASSURANCE FUND

Upon Whom Filed Requisites

Against the Register of Deeds andthe National Treasurer if FEMOM is

caused by court personnel, Register

of Deeds, his deputy and other employees of the Registry.

Loss or damage is sustained or there

was a deprivation of interest in an

estate; On account of bringing land under the

Torrens system;

Through fraud, error, mistake,

omission, or misdescription (FEMOM)in the certificate of entry in the

registration book; And is barred from bring an action for

recovery of the land;

The action has not prescribed.

It must be instituted within six (6)

months from the time the right to bring

such action first occurred (i.e., date of issue of the certificate of title).

ANNULMENT OF JUDGMENT

Prescriptive Period Jurisprudence / Notes

It does not reopen proceedings but a

mere transfer of the land from

registered owner to the rightful owner

( Esconde v. Barlongay). It is available in case of fraud thereby

creating a constructive trust betweenthe parties ( Huang v. Court of

Appeals). It is not available if the property has

already been transferred to an innocent

purchaser for value.

REVERSION

It is instituted by the Government through the Solicitor-General in all cases wherelands of the public domain are held in violation of the Constitution or werefraudulently conveyed.

Indefeasibility of title, prescription, laches, and estoppel do not bar reversion suits.

CRIMINAL ACTION

For Perjury, Forgery, and other crimes involving fraud.



Chapter IX

REPLACEMENT AND RECONSTITUTION

A. REPLACEMENT

In case of loss or theft of an owner’s duplicate certificate of title, due notice under oath

shall be sent by the owner or by someone in his behalf to the Register of Deeds of the

province of city where the land lies as soon as the loss or theft is discovered. If a

duplicate certificate is lost or destroyed, or cannot be produced by a person applying for the entry of a new certificate to him or for the registration of any instrument, a sworn

statement of the fact of such loss or destruction may be filed by the registered owner or

other person in interest and registered.

Upon the petition of the registered owner or other person in interest, the court may, after

notice and due hearing, direct the issuance of a new duplicate certificate, which shallcontain a memorandum of the fact that it is issued in place of the lost duplicate

certificate, but shall in all respects be entitled to like faith and credit as the original

duplicate, and shall thereafter be regarded as such for all purposes of the Property Registration Decree.

B. RECONSTITUTION

Original copies of the title lost or destroyed in the offices of the Register of Deeds as well

as liens and encumbrances affecting the lands covered by such titles shall be reconstituted judicially in accordance with the procedure prescribed in Republic Act No. 26 insofar as

not inconsistent with the Property Registration Decree.

Notice of all hearings of the petition for judicial reconstitution shall be given to the

Register of Deeds of the place where the land is situated and to the Administrator of theLand Registration Authority. No order or judgment ordering the reconstitution of a

certificate of title shall become final and executor until the lapse of thirty (30) days from

receipt by the Register of Deeds and by the Administrator of a notice of such order or judgment without any appeal having been filed by any of such officials.

66342743 land titles and deeds01

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