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Shauna HerreraLAND TITLES AND DEEDS-J. SERRANO 2012

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July 26, 2012LECTURE NOTESHEIRS OF MANUEL ROXAS vs MAGUESUN

2parcels of land 1.4 hectaresThe basis ofcapplication of registrationCorporation purchased from zenaida mellissa

purchased from trinidad roxasPetition did not mention name of tr inidad as occupantor person with interest because zenaida mellissaallegedly purchased from tribidad

What happened?Publication of notice of news weeklyNot a newspaper of general circulation in the philNotice of initial hearing was only addressed to leon

josegil and leon luna--given copies of initial hearing

The case proceeded and rendered judgement in favoror maguesunCaretaker to vacate land trinidad learned of alleged

sale in favor of maguesunFiled to reopen decree of registration

Whether trinidad we deprived of property thru actualfraud? Was there actual fraud?

Sc ruled it defined the meaning of actual fraudActual fraud-2 kinds: actual or constructiveOther terms used for actual fraud: positive andextrinsic fraud

Sc actual fraud or positive-intentional deception ;concealment of a material fact

Constructive fraud-Extrinsic or actual fraud-where prevents a party from

having a trial or from presenting its entire case;matters not to judgement itself but matter it is

procuredIntrinsic-constructive-fraudulent acts to pertains to anissue involved in the original action; acts could havebeen litigated therein

Yes there is because there is an intentional deceptionor concealment of material factWhat was concealed? Trinidad roxas was an

occupant of the land. Why is it a material fact?Because under sec15, the names and addressesmust be alleged in the application--occupants andadjoining land owners

Because it is required by law to be stated then thereis concealment of a material fact because it depriveda person of his right to receive notice; right to dueprocess of law

Right to due process of lawIntentional deception through concealment of amaterial fact

Extrinsic or actual fraudPetition to reopen the decree of registration wasgranted

One of lawyers failed to object a forged document:The court will admit that under the rules of evidenceBasis then court renders judgementTHERE WAS FRAUD-not actual fraud because fraudhappened inside trialWere you deprived of notice and hearing? No!

Deprived of a good lawyer! :))

Not a basis because fraud is intrinsic not actualPerjure witness: lawyer fails to expose. Yes there is

fraud-intrinsic fraud-it happened within trial

In contrast, lawyers of parties agree that lawyer willnot appear, yes there is fraud. Actual or extrinsicbecause he was deprived of his day in court. Notrepresented in trial

Lawyer gives money to treasurer of court-do not sendit to oppositor-He was not able to appear and participate

To the manner in which it is procured, procuredthrough under the table through briberyAnnulment of judgement under rule 47-lack of

jurisdiction

Hw reconveyancePetition for certiorariMirror doctrine

August 23, 2012LECTURE NOTES

RECONVEYANCE AND DAMAGES

Remedy of reconveyance

After the 1yr from the issuance or entry fo decree ofregistrationIt becomes controvertibelWhats the next remedy? Action for reconveyanceWhat is this action?When land has been wrongfully under the torrenssystemAnd for as long as title stands in the name of the

person or real owner prejudiced ther is equitableremedy of reconveyanceIn the. Ase of labanon vs labnon 160711gr noSc said that the. Re possesion of cert of title under

the torrens does not make ppossessor ture owner ofall property described thereinIt is evident that the petitioner owns the property inquesitonsRemedy of land owner's propert is erroneuolsyregistered after 1yr after decreeBt respecting the decree as incontrovertibel and nolonger open to review for reconveyance

Decree of reg is already respected as incontrovertible


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Ask court be property be reconveyed or transferred;action for reconveyanceHowever there is a proviso that the and has not yetbeen transferred to an innocent ourchaser for valueNext available remedy: action for damages

Essence: decree of reg is respected is

incontrovertibleOne with a better rightRemedy? It is an ordinary civil actionAction in personam/personal action

Case between larties; plaintiff and defendantsWho ar ebound? Only parties to the caseMy the land be solved by the defendant?Yes. He hAs the title eh. Danger there because it maybe considered to be transferred to innocent purchaserfor valueWhat is your remed? Damages so thT it cannolt betransferred to ipvPetition for annontation of notice of lispemdence-landis the subj of pending case therefore any person willbe notified of the attending case sec76-77

You also file with the register of deedsSo that he would be bound by the judgementrendered by court in action fro reconveyance

Reconveyance may be asserted in a counterplain-

against plaintiff in the same proceedingsWhen may the action be filed? After 1yr from entry ofdecreeWhere? Rtc having territorial jurisdiction of land4 grounds1. Cntractual fraud-as a ground of annulment ofcontract-voidable- may be the cause2. Breach of express trust-agreement bet trutor and

trustee and beneficiary-trust is created3. Implied

3. Void contractPrescription depending on the basis of the action

Express trust- not prescriptible as long as the landremains in the name of trusteeVoid contract-imprescriptible/not subject toprescription assigns and manalo vs canlasLacsamana vs caFictitious deed of sale. The signature of seller in thedeed of formsVoid ocntract-no consent-requisites ofcalid contract

What about based on voidable? Fraud? YES. 4yrsfrom discovery of fraud from registration or issuanceof certificate o f title

Fraud-no trust created between the eprsonresponsibel for fraud and real ower

Implied trust2 kinds-resulting trust and constructive trust-both maybe an action for reconveyance-prescriptionapplicable? YES but the ruling is subject toexceptions

Implied-10yrs-applies if plaintiff is not in actualpossession of propertyEx of implied trust: marquez vs ca

Father misrepresented that he was the ony heir of hisdeceased wife although thhey have children who arestill aliveSc : a constructive trust was created art1456In order to prevent unjust enrichmentHe deprived his children of property owned by wi feHw can they recover? Thru an actionfor

reconveyance basis? Constructive trust or impliedtrust-prescriptive period? 10yrs from issuance of certof titleWhen it was issued in the name of trustee under an

implied trustOnly 9yrs had expired from the title was issued tomarquez. Nt yet prescribed

Qualification: if the plaintiff is still in actual possessionof v gr144225Sc an action fro recon prescribes in 10yrs. The 10yrapplies only there is actual need to reconvey theproperty as the plaintiff is not in possession of thepropertyWhat is required? Need to reconvey.10yrs

Plaintiff in poossession-no need to reconveyDoes not run against the plaintiffIn such a case, an action will be a suit for quieting oftitle

What are the actions not subject to prescription?1. Express trust as long as the name is in trustee2. Based on void contract der the civil code3. Fraud as voidable contract4. Implied trust if the plaintiff is not in popssession ofthe landor propertyIf it is inpossession of plaintiff, per iod of prescriptiondoes not run

Prvided that land has not yet been transferred to ipv

Acrion for recon is no longer available

What remedy? Action for damagesAgainst oerpetrator of fraudRequisites1. Person was unlawfully deprived of title by regNo negligence n the part of claimantHe is barred from recovering the land by reconThe action has not prescribed

Concept of status of ipvSec32A petition to reopen or review will not be available een if there is actual fraud if it is already trasnferred to

ipv; same as reconThe concept of ipv also applies in the ca of doctrinethat it may be the root of

Hw sps mathay vs ca 11578839-56; 112

Sec32par2

Ipv whenevr...includes lessee mortgagee orencumbrancer for valueLaw recognizes the staus as ipv


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Ipv-legarda vs caPurchaser in good faith and for falue-he is one whobuys property of another without notice that someother person has aright to ir interest in such propertythat pays in full price blahblahGoodfaith consists in an honest intention in takinganuncnsentious advantage over nother

Innocent purchaser for valuePurchaser-innocent lessee, mortgagee-does notacquire title: he is not purchaser but it is included in

sec32, encumbrancer for falue-attaching creditor or ajudgment creditorInnocent/purchaser in gf-person does not haveknowledge or notice that some other person has aright to or interest in the porpertyActual knowledge is equivalent to registrationFor value-it must pay a fair price and fully paidFair price-knowing the market value of propertyPurchase price must be fully paid at the time lf thepurchaseIn the case of sps mathay vs ca reiterated

As a rule he who aserts the status of purchaser in gfhas burden of proving such assertionCan a buyer just say i have a resumption in gf?Everyone is presumed in good faith. Can you invokethat?

YOU CAN NOT INVOKE the presumption that youacted in gf. Yu have to prove by evidence that yourean ipv. Cannot rely on the action that you are in gfCannot be dsicharged by mere invocation of gf.You have to prove that you do not have no notice orright to or interest in the property

Mirror Doctrine

Significance: can you see your face? Possible.why doyou want to see your face? To know the condition by

looking at the mirrorYu use mirror to find out the status and condition of

your faceAnd by using the mirror do you need to go beyond themirror? No.The mirror is equivalent to cert oftitle why? Tells youthe status and condition of thebland how? Principlethat only liendps and encumbrances if they are noted ithe titleIf not noted, no claim or interest of a third persn

Can you rely on cert of title without lienap andencumbrance? Yu are considered in good faithMirror doctirine -purchaser in good faithHa the right to tely n the certificate of title

If there are such rights indicated in the titlePrinciple: every person dealing with reg land maysafely rely on the correctness of titled issued thereforeand the law may oblige him to go beyon to know thestatus and condition of the property-relied to aninnocent purchaser in good faith correlate with sec44-free fom liens and encumbrances except those notedor those liens reserved by law

Exceptions to the mirror doctrine2

1. When the party has actual knowledge of facts andcircumstances that to make such inquiry to induce aprudent man to inquire such t itle2. Omegan vs pnb: does not apply to banks orfinancial institutionsThe business of a bank one affected with publicinterest

Bank has to investigate the collaterals of aperspective borrower; bank cannot invoke the mirrordoctrine 161319 jan23, 2007

Certificate of t itle-cert of ownership issued by reg of deeds under thetorrens b lahblahIt declares the owner free from all liens andencumbrances or those noted thereforeSerrano et al vs sps gutierrez 162366 nov10, 2006Sc: cert fo title best proof of ownership on a piece oflandSps camara vs malabao: declaration of propertycannot defeat a cert of title as the latter is theabsolute and indefeasible evidence of ownership

INDEFEASIBLE

How id this issued?Sec39 in relation sec31-32After judgment

Court order

Duplicate: owner's duplicate of cert of title-reg ownerOrig copy: register of deeds

Shall be filed in the register of deeds and bound incnsecutive orderTogether with similar cert of title ans those bounds

shal consistute book of registry-sec42

Owned in common-co-owner's duplicate cert oftitleSec41- voluntary transaction lke sale, mortgage-all

must be surrendered for purposes of registration

After the issuance of orig, the land subject ofovluntary or involuntary transactions-it will becancelled; issued to the buyerTransfer cert of title-sec43How many times? Once because subsequenttransaction-transfer certificate of title

What should be stated? Sec45Name civil status, name of spouseTitle-technical description of t itle

As evidence of title: shows the status and personwhom title is vested*******what is the rule if 2 cert o title are issued in thename of 2diff persons covering the same title land?1st rule: the person whose cert of title bears an earlierdate prevailsPrimus tempore focio jure: first in time stronger inright

Sec49-50Splitting and consolidation of t itles


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A person owns a big parcel of land and is covered byone land but. Wants to subdivide so each have cert oftitle:SUBDIVISIONProcedure: written request to register of deeds andsubmit a duly approved subdivision planWo should approe? Depends if it is simple or complexGet it after a survey

Describe each lot will have its own technicaldescription-distinct cert o titleSimple-7 cert of title-Complex-more than 7;8 and above-housing land hues

regulatory board

Cnsolidation-owner of several lots-What should be filed? Written request filed in theregistry of deeds and submission of approvedconsolidation plan approved by lraMay not order or change any modification oramendment or any decree or plan under the torrenssystem nor order cancellation of said certifcate of title

Sec48-direct and collateral attack

Dealings with reg land-sec51

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