Sec

Land Titles & Deeds

Sec. 17 - What and where to file.

Should be filed in RTC

But can also be filed in MTC if they are delegated Shd. File w/ his application the survey plan of the land sought to be registered (shd. Be approved by the Dir. Of Lands)

Orig. tracing cloth plan must be attached (mandatory before but now it is already relaxed: RP vs. Sps. Recto, GR No. 160241, 10/04/2004) can be appealed in the next higher level (MTCRTC; RTCCA; CASC or MTC RTC CA SC) Proceeding in rem if the court has jurisdiction over the property (or res) the judgment is binding upon the whole world

in personam in parties specific persons and the judgment is binding upon (1) the parties to the case & (2) heirs or (3) successors in interest or (4) assignees.

Quasi in rem personal action

A case bet. Specific persons

Purpose: subject the land to lien or encumbrance (ex. Judicial conclusion of mortgage)

What are created by mortgage? mortgage lien or right to mortgage (Act 496,Sec.27)

if executed after the application & before the transcrition of the decree, the applicant shall cause the orig. or a certified copy to be presented for registration (no registration fee shall be charged)

judicial foreclosure of mortgage quasi in rem bet. Specific persons

Sec. 18 - Application covering two or more parcels Permits the consolidation of in a single application of 2 or more parcels of land belonging to the same applicant/s provided they are situated w/n the same province or city, or the splitting of the application by striking out one or more parcels. By amendmentSec. 19 - Amendments 2 types of Amendment:

1) Formal Amendment

2) Substantial Amendment

Par. 1 parties

Par. 2 subject matter shall be affected by change in the boundaries & increase in the area

Amendments: (amended petition)1) Joinder parties another applicant is included2) Substitution substitution of parties

3) Discontinuance one or more of the parties for the application will be dropped.3 types of substantial change: (SIA) 1) Substiantial change in Boundaries2) An Increase in the area of the land applied for3) Inclusion of Additional land

Publication & Notice necessary if amendment consists in: Republish Notice of Initial Hearing

Changes to original petition

Incumbent upon the Administrator of LRA

If the case continues but no republication it will be null and void bec. Notice of initial hearing is JURISDICTIONAL Jurisdictional power or authority of the court to hear and decide cases

May be done @ any stage of the proceedings

Note: 1) If amendment is done before the original publication No need for republication

2) If amendment is to reduce in the area no need for republication bec. the court had already the jurisdiction over the area/land

Publication: both mandatory & jurisdictional

Court acquires jurisdiction thru publication (constructive seizure)

Sec. 20 - When land applied for borders on road Abandoned streets still remain to be a property of the state

It shall be capable of being appropriated if the govt converted it to alienable or disposable property.

Applicant shd. Indicate (1) whether he claims any portion thereof or (2) whether he desires to have the line of the way or road determined.

Sec. 21 - Requirement of additional facts and papers; ocular inspection.

(1) additional papers & additional facts by amendment

(2) ocular inspection they view the land subject to registrationSec. 22 - Dealings with land pending original registration.

All voluntary dealings, mortgage, donation Sale new owner will be substituted to the original applicant (or in case original applicant dies)

After w/c the court will order registration of the property in the name of the new owner

If encumbered only the subdivision plan & deed of sale

Survey surveyor

Survey plan to be approved by LMB

Filing of petition

Publication of notice of INITIAL HEARING

No need to file for specific performance need only to show the deed of sale and compliance w/ sec. 22

CHAPTER V - PUBLICATION, OPPOSITION AND DEFAULTSec. 23 - Notice of initial hearing, publication, etc.

PUBLICATION This is necessary to acquire jurisdiction this satisfies the constitutional reqt. of due process of law How? All persons are notified

Requirements of due process opportunity to be heard

How? the mode of service of notice of initial hearing to persons to appear & show cause as to why such application shall not be granted.

The court fixes the time & date of the initial hearing which shall not be earlier that 45 days & not later than 90 days.

It shall be given to the public by (1) publication; (2) mail; (3) posting

Service delivery of notice

Addressee: all named in the application (sec. 15) occupants, adjoining owners, to all whom it may concern

This is to give them opportunity to present their claim.

(1)Official Gazette & (2) Newspaper of gen. circulation (once) Why both are mandatory? because of the existence of the word shall (imperative) and because of the conjunctive word and. Why newspaper in the Philippines only because we are supreme in our own country.

Shall be addressed to all persons appearing to have an interest in the land involved and in general to all whom it may concernReasons for publishing in the newspaper:1) Due process2) In rem

3) Constructive seizure of the land against all person

4) The objective of publication is to disseminate information in a wide manner as possible newspaper is widely read5) Official gazette usually comes/ is published late (usually delayed) Supposing: It was published in March issue of Official Gazette but it was only published on April court has no jurisdiction because the purpose of the publication is not accomplished; the initial hearing already took place at the time they were notified

The late publication defeated the purpose of publication

MAILING

Proof:

registered mail (a) registry receipt & (b) registry return card why registered mail? because it was provided in the Rules of Court that correspondence should be in such (Rules of Court shall be suppletory in land registration cases)POSTING Posting conspicuous place; 14 days before date of initial hearing (see #3 of sec. 23) w/n 7 days after publication LRA shall mail the notice of initial hearing of application to: (NSS) (1) every person NAMED in the notice whose address is known; (2) Secretary of DPWH, Prov. Governor and Mayor of the Municipality, as the case may be, if applicant requests to have the line of a public way or road determined; (3) Sec. of DAR, SolGen, Dir. Of Land Mgt, Dir. Of Mines &/ Dir. Of Fisheries & Aquatic Resources, as the case may be, if the land borders on a river, navigable stream or shore or on arm of the sea where a river or harbor line has been established, or on a lake, or if it appears that a tenant-farmer of natl govt may have a claim adverse to the applicant Note: Svc of notice upon contiguous owners is indispensable; lack of w/c constitutes extrinsic fraud.Sec. 24 - Proof of publication and notice.

Proof certificate conclusive proof (no longer disputable or rebuttable Certification of the Administrator of LRA and sheriff shall be filed in the case. 2 process: (1) substantive & (2) procedural due process (notice & opportunity to be heard Proof of publication in the Official Gazette: certification from Bureau of Printing & the Official Gazette itself

Proof of publication in the newspaper: newspaper itself & affidavit of publication

Sec 25 - Opposition to application in ordinary proceedings. Parties who can answer or oppose: (1) person who has interest & (2) govt / state Opposition shall be signed & sworn to by him or by his duly authorized representative Personal notice necessary but not indispesable. Failure to file an answer or opposition constitutes abandonment of the opposition; but once filed, the court cannot order dismissal thereof on the ground that the opposition failed to appear on the day set for hearing. If wasnt able to file on time, the remedy is to ask for the lifting of the order of gen. or special default, then if lifted, to file an opposition to the application. Initial step of oppositor: File an opposition at the initial hearing; if no lawyer, he may just appear in court; if cant file an opposition, must ask for time The form of opposition is the same as in the form of application (in writing, signed & sworn)Requisites of an opposition:1) It shall set forth all the objections to the application &2) It shall state the interest claimed by the party filing the same

3) Remedies desired

Affirmative relief remedy of an oppositor

The oppositor shall ask the court to grant the application to him instead of granting it to the original applicant.

A priv. individual may oppose even if the land is a pub. Domain if he had a sales application approved by Bureau of Lands and was in actual possession w/ authority

Oppositor need not be namedSec. 26 - Order of default; effect General default may be ordered by the court if NO person appears and answers w/n the time prescribed. This is done upon motion of the applicant when the case is called at the initial hearing but may also be ordered by the court motu propio. If the applicant fails to appear, the court may dismiss his application W/O prejudice. This may be granted by the court to the applicant upon the latters motion for the issuance of the order of general default After it was granted, the applicant may now present evidence EX PARTE (no party/oppositor) Special default when a party appears at the initial hearing w/o having filed an answer/opposition & asks the court for time w/n w/c to file the same, & this has accordingly been granted, in case of failure of such party to file his answer/opposition w/n the pd allowed. Operates only against certain specific person/s. Same motion as in the general default Power to set aside the order of default is inherent in courts of gen. jurisdiction even w/o the grant of statutory authority. Issuance of order of gen. default is presumed When there is a hearing, there is presentation of evidence When you are declared in default, you lose the right to present evidence. When is the decision of the court final & executor? (1) after expiration of 15 days from the service of copy of judgment & (2) when no appeal was madeRemedies in case of default:

1) Motion to leave order of default Rule 37 & 38 of Civil Procedure This shall be before rendition of judgment

Grounds: (FAME)a) Fraud

b) Accident

c) Meritorious defenses

d) Excusable negligence

2) Appeal on CA 15 days (PD 1529) from the service of copy of judgment3) Rule 37 Motion for Reconsideration (new trial)

4) Petition for relief from judgment 6-month period

5) Petition to reopen the decree of registration due to ACTUAL FRAUD (sec. 32)

6) Action for reconveyance7) Action for damages against the perpetrator

8) File against the assurance fund

9) Action to nullify/cancel the title when the court has no jurisdiction (non-compliance in publication or when land is non-registrable)CHAPTER VI HEARING & EVIDENCESec. 27 Speedy Hearing; reference to a referee

Note: It is not enough that an applicant will get a favorable judgment. He must prove ownership to the property.Laws Governing the proceedings:1) Provisions of PD 1529

2) Rules of Court applied by analogy or in suppletory character The court conducts the hearing evidences are presented to the judge.

If there is no oppositor: it must be referred to the REFEREE (aka the commissioner) who shall hear the parties and their evidence. (Sec. 27). The trial shall also be governed by Rule 33 of Rules of Court. What will the referee do? After reception of evidence, referee will prepare a report or a recommendation after 15 days after the termination. The hearing may be held @ any convenient place w/n the province or city as may be fixed by him, & @ the time & place of trial fixed by him after reasonable notice thereof served to the parties. What will the judge do? the judge will review it and from there he may: (1) accept the report in toto; (2) set aside/disregard whole or in part; or (3) order the cause to be recommitted for further proceedings (presentation of additional evidence; (4) notify the commissioner Motion to dismiss LRA does not provide for it but it may be allowed/availed under Rule 132 of the Rules of Court. Instead of motion for reconsideration for ground on lack of jurisdiction in violation of Sec. 38.

Dismissal w/o Prejudice the case may be refilled despite its former dismissal.

Dismissal w/ prejudice final & executory; conclusive; res judicata shall apply.

A dismissal may be reinstated file a motion for reconsideration/reinstated w/n (15) days allowed to make an appeal.

Notice of Initial Hearing and publication are NOT REQUIRED.

Refile Remedy when the order of dismissal became final & executory. New application for registration (Reqt: Sec. 23 Jurisdictional reqt)During the hearing, the basic issues should be proved are the following:1) Land alienable and disposable2) Whether OCENO3) Identity of the land

4) genuiness

The land can be proved to be alienable & disposable by:

1) Certifications of Mgt. Bureau (then Bureau of Lands)2) Certification of Bureau of Forestry3) Identity of the land tracing cloth plan, survey plan (tech. description certified by LMBReal Evidence

1) Presidential proclamation can be seen in publications (documentary evidence)2) Real estate tax declarations & receipts (documentary)

3) Testimonies of the witnesses (testimonial evidence)

4) Ocular inspection Sec. 14 basis of petition (who may apply)

What are you proving? Possession & occupation Documents to prove ownership: documents of conveyance of your predecessor in interest (e.g. deed of sale, tax declaration, tax receipts) Tax Receipts & Tax Evidence are admissible but it must be coupled by: (1) CLEAR & CONVINCING evidence & (2) ACTUAL possession of the property. Accdg. to SC: No person in his right mind to pay such taxes if he is not in actual or constructive possession of the land. Jurisdiction plenary to prevent multiplicity of suits CHAPTER VII JUDGEMENT AND DECREESec. 28 Partial Judgment

Judgment an adjudication of determination of the question of ownership in favor of the claimants after presentation of evidence, they shall be evaluated & appreciated by the court. What is determined? question of ownership Court can render partial judgment Upon presenting the subdivision plan showing the contested & uncontested portions approved by the Director of Lands pursuant to Sec. 251) Subdivision of the land to determine the identity of the land; to segregate the uncontested land from a contested land.2) Applicant must prove that he is the owner.Sec. 29 Judgment confirming title.

Conflicting claims are determined by:

1) Report of the Administrator of LRA it is important because LRA have the records of the Decrees of Registration issued before or whether the land has been a subject of the decree of registration.2) All the evidence presented

3) Report of the Director of LMB (tech. description, survey plan) because they are custodian or repository of the survey plans.

If the court finds that the applicant or the oppositor has sufficient title proper for registration, judgment shall be rendered confirming the title of the applicant, or oppositor, to the land or portions thereof.

Note: Registration is not a source of ownership. It is a mere notice and just confirms registration.

Sec. 30 When Judgment becomes final; duty to cause issuance of decree

Judgment becomes final after 15 days (used to be 30 days) as amended by BP 129 (Judicial Reorganization Act) Final it determines the merit of the case. Final & Executory perfection of an appeal w/n 15 days from the receipt of Notice of Judgment. a decision may be final & executory from one party compared to another party because 1 counsel/party may receive it earlier or later Proof of Registry Mail: (1) registry receipt (2) registry return card Appeal - MTCRTCCASC After it became final & executor, court shall issue an order to the LRA Commissioner for the issuance of the decree of registration and the corresponding certificate of title in favor of the person adjudged entitled to registration. Sec. 31 Issuance of Order of Registration

The judgment of the court may constitute: (1) ownership given to 1 party; (2) dismiss the case no owner; (3) partial judgment Basis of the contents of Order of Registration: dispositive portion of the judgment Decree of Registration transcription of the dispositive portion of the judgment

The Administrator of LRA issue the (1) decree of registration (Sec. 39); (2) certificate of title; (3) Judgment confirming the title of registration (Sec. 29) to the person whose decree of registration is issued (or is in favor or in the name of the person adjudged the be the owner)

After LRA, it shall be signed by the Registry of Deeds

Entry means record in the book of Decree of Registration by LRA

The importance of entry is that no petition to reopen & review the decree after 1 yr from the date of entry (Sec. 32).

The Decree of Registration shall include the following: (1)date, hour, minute of entry signed by the administrator of LRA; (2) name of the person adjudged to be the owner; (3) civil status: if married-name of spouse & if the property is under conjugal property; if disabled-the nature of disability; or if minor the age; (4) description of the land technical description presented in evidence; (5) easements, mortgages, liens including rights of tenant-farmers (shall be annotated)

Only liens and encumbrances annotated on the title shall bind the land Importance of Dec. of Registration: (Sec.31)

1) Bind the land (under Torrens Sys. Of Registration) binding upon 3rd person

2) Quiet title thereto settle all claims known or unknown, just or unjust except to liens provided by law (in relation to Sec. 44)

Effect of Registration: Binding conclusive against all person including the Natl Govt and all branches whether mentioned or not.

Because of to all whom it may concern

The issuance of Dec. of Registration by the Administrator of LRA is still a judicial function still part of judicial process and not an administrative act.

Note: LRA may refuse to issue Dec. of Reg.

A) When there is a previous decree of Registration issued. the court does not acquire jurisdiction over the land bec. There is a previous DoR if 2nd decree is issued, then it is null and void Under Rule 39 of Rules of Court, a Dec. of Reg. cannot be issued pending appeal as it is a mandatory reqt of the law (PD1529) that a decree of reg may be issued only after it becomes FINAL & EXECUTORY (otherwise, violation of mandatory requirement of law: Sec. 30).

Reasons: 1) People may be misled in dealing w/ the said DoR

2) May affect stability of Torrens system of Registration because judgment may still be reversed, in such case, the decree shall be useless. DoR may include buildings because they are incidental to the land

If the land & bldg have diff. owners the owner of the building must file before the court so that it would be annotated to the certificate of title. Related to Sec. 14

B) When the land is inalienable (Pub. Property) cannot be subj. of registration; court will have no jurisdiction over it; cannot be subj. of private appropriation Ex. Foreshore land, forest, land covered by water during hightideC) Patents such as (1) homestead patent; (2) free patent; (3) sales patent

Issuance of patent is not a judicial proceeding but an administrative proceeding You can go to RD for the issuance of original cert. of title.

Supposing judgment became final and executor, may the court still reconsider it? When? Remedy: Petition for relief from judgment under rule 38 of Rules of Court. The Administrator of LRA shall issue it. SC still has control. Grounds for Relief from Judgment: (Rule 38, Rules of Court)1) Fraud2) Accident3) Mistake4) Excusable negligence Shall be filed w/n 60 days after the petitioner learns of the judgment, final order, or other proceeding to be set aside, and not more than 6 months after such judgment or final order was entered, or such proceeding was taken.Sec. 32 Review of Decree of Registration; Innocent purchaser for valueGen. Rule: judgment when final & executory cannot be reopened or reviewed just by reason of absence, minority or other disability of any person adversely affected thereby, nor by any proceeding in any court for reversing judgments.Exception: Deprivation of land or any estate due to ACTUAL FRAUD Petition before RTC having territorial jurisdiction over the land; can be filed by any person deprived of the landConditions/reqts laid down by the court:

1) That the plaintiff is the owner of the land ordered to be registered in the name of the defendant Proceeding: proceeding in personae

2) Registration is obtained thru ACTUAL FRAUDFraud intentional deception by misrepresentation & concealment of material facts 2 Kinds of fraud:

1) actual fraud or extrinsic

2) constructive or intrinsic

pertains to issue in the case

but the petition shall not be entertained where an Innocent Purchaser for Value (IPV) has acquired the land or interest therein.

Buyer is in good faith & for value (shall include innocent lessee, mortgagee or other encumbrancer for value) The petition shall be filed from the date of entry & before the expiration of 1 year from entry of final decree. Actual Fraud intentional omission of fact required by law to be stated in the application or a willful statement of a claim against the truth.

E.g.

a) Supposing 1st lawyer other party presented a forged document. The court rendered judgment in favor of the other party. Then the aggrieved party changed lawyer. He hired you. Can you file for reopening? No. There is only constructive fraud. The other party was not prevented from presenting evidence.b) Supposing the other partys lawyer was influential and he was able to connive with the sheriff not to give notice to another party. Judgment was rendered in favor of that party. You can file a petition on the ground of ACTUAL FRAUD. (same with Strait Times Inc. was prevented from presenting his evidence.)Difference bet. The 2 examples: inside the trial (intrinsic); outside the trial (extrinsic or actual fraud)

Actual Fraud is obtained when the lawyer acts outside the case w/c prevents the defendant from presenting his evidence before the court.

Prevented from having a trial

Heirs of Manuel Roxas vs. CA

Strait times Inc. vs. CA accordingly, the use of forged document does not constitute intrinsic fraud but an actual fraud. Violated the constitutional right of (1) right to notice & (2) right to be heard

Procedural due process

3) That the property has not been transferred to an innocent purchaser for value. IPV purchaser has no knowledge of any defect of the title of the land from the seller or transferor.

Sps. Mathay vs. CA innocent purchaser for value was defined as one who buys property of another, without notice that some other person has a right to, or interest in, such property and pays a full and fair price for the same at the time of such purchase, or before he has notice of the claims or interest of some other person in the property. According to SC payment should be (1) full & (2) fair price When? at the time if such notice or before he receives notice that there are claims. E.g. a) A presented to B title (new), then he bought it. You registered it and went to the land and learned that somebody owns it. Is he an IPV? No, because he must have made an inquiry (visit the place) and must have exercised due diligence.b) A sells to B a property worth P10M for only 1M. Is he an IPV? No. The amount of 1M is not a fair price.c) A sells to B a property worth 10M. B paid only 7M. Then he learned someone owns the land w/c is the subject of a deed of sale Not IPV. He must have paid it in full before he acquired knowledge that there is a 3rd person claiming such land.

Legarda vs. CA Negligence of the lawyer. SC decided in favor of the losing party that there is really a negligence.

Issue: Is the negligence of the lawyer constitutes actual fraud?

A petition to review the decree of registration in personam

To whom it will be filed? to whom the decree was issued because he is an indispensable party to the case because of his actual fraud. Purchaser is also an indispensable party

He who asserts4) The decree must be reopened w/n 1 year after the entry of decree of registration

Upon lapse of 1 year the title becomes INCONTROVERTIBLE (indefeasible) After the lapse of time, there is still a remedy: DAMAGES Possible result of petition to reopen:1) It may be granted2) Denied it must be filed in the court where it has territorial jurisdiction if filed in the clerk of court, then it will be raffled to the other courts it is not the same court who rendered jurisdiction.3 Patents that can be issued:1) homestead

2) sales

3) free patent

you can still question this w/n 1 yr from the issuance - administrative

administrative proceedings therefore there is NO decree of registration but there is also a certificate of title issued.

Judicial proceedings is not required in the issuance of these 3

3 patents administrative

Certificate of title is issued

What is questioned is the certificate of title w/n 1 yr from the issuance

Decree of Registration judicial Issued by Administrator of LRA

What is questioned here is the DoR within 1 yr from the ENTRY to the books

Who cannot ask for reopening?

1) absent eg. Beneficiary under a trust, co-heirs

2) minor

Action for reconveyance remedy of a person deprived of his land

An action directed directly against a certain proceeding

This is an ordinary civil action

Action in personam

The court cannot order for the issuance of 2nd decree of registration res judicata

DoR can be only be issued ONCE

Administrator of LRA who had already issued a DoR has the right to refuse for its 2nd issuance

Public Lands- no jurisdiction; not alienable; not registrable

Can the Administrator of LRA issue DoR at all times? No. There are 3 exceptions:1) When there is a previous decree issued

2) When the land is inalienable

3) Patents

After 1 year put an end to question/litigation; it becomes INCONTROVERTIBLE

Remedy: Reconveyance

If not available: Action for Damages (personal; ordinary civil action)

Can a Decree of Registration be amended? only in formal it must conform only on judgment

Supposing the order of the court is in favor of X. Then X sold to B. Can it be amended into Bs name? Can you change it to Bs name by substituting X in the order of the court? No. The remedy is to make a Deed of Sale, then register is to RD. Then new Transfer of Title shall be issued. File a Writ of Possession (issued by the court)

1) Extra-judicial foreclosure

2) Judicial foreclosure

3) Execution sales

Shall be filed from entry of decree of registration

Writ of Possession its purpose is the delivery of possession to the adjudged owner/successful litigant by the sheriff

Note: Dont confuse the Decree of Registration from Judgment

Supposing the decree was issued on Jan. 1, 2000. After 1 year, on Jan. 10, 2001, a stranger entered.

Adverse possessor before & after 10 year If registered property cannot be acquired by prescription and adverse possession.

Accion Publiciana - action to recover possession; must be filed in RTC after 1-year period. Res Judicata/conclusiveness of action It includes:

1) Both: same subjects

2) Both: same parties

3) Both: same causes of action

Requisites:

1) There must be a FINAL & EXECUTORY judgment

2) Judgment ordered by the court WITH jurisdiction

3) Judgment on the merits

After 15 days final & executory (from receipt of notice of judgment)

Motion for reconsideration Fraud, accident, mistake, excusable negligence

Other grounds: based on the newly discovered evidence.

Remedy: Petition from Relief from Judgment Within 6 months from rendition of judgment and 60 days from knowledge thereof

REVIEW Petition to Reopen the decree of Registration can be filed within 1 year from the entry of Decree of Registration Reconveyance action in personam (p.132)

Fraud cannot be used as a shield

Within 10 years Basis: Sec. 53 3rd paragraph All legal & Equitable Remedy of Reconveyance

When? (1) wrongfully registered

It depends innocent purchaser for value

Note: An action for reconveyance is available if it does not prejudice a 3rd person who is an Innocent Purchaser for Value

Covers innocent lesee, mortgagee (only acquires interest as in mortgage lien

Supposing an illiterate was defrauded by his neighbor when he asked for help to register his land the neighbor was able to register the land in his nameCan he file an action? An action for Reconveyance

There is fraud.

What relationship is created?

Trust hold the property for the benefit of another

It is established by (1) force or (2) operation of law

Constructive Trust or Implied Trust trustee (neighbor) and beneficiary (illiterate)

Marquez vs. Ca constructive trust (Art. 1456) the trustee was the person who committed fraud or mistake

Prescriptive period for implied/constructive fraud 10 yrs from the registration

Constructive notice because by registration, all is deemed notified, therefore they have knowledge therefor.

In Sps. Alfredo Borjas, the SC said action for reconveyance has 20 yrs. Prescriptive pd

After 10 yrs but the owner is in possession of the property. Thus, the prescriptive period does not run. Then the action is Quieting of Title w/c is imprescriptible Art. 1456 the prescriptive period of voidable (there is no implied trust) 4 yrs

Fraud upon discovery

Action for damages if reconveyance is no longer available (p. 138)

1) that the person is in reality wrongfully deprived of his land by the registration in the name of another of the land by actual or constructive fraud.

2) That there was no negligence on his part

3) That he is barred or in any way precluded from bringing an action for the recovery of the land r interest therein

4) That the action for compensation has not prescribed.CHAPTER VIII CERTIFICATE OF TITLECertificate of title the transcript of the decree of registration made by the Register of Deeds. It is regarded as conclusive with respect to all matters contained therein, and when the owners duplicate thereof is presented with any voluntary instrument filed for registration it serves as a conclusive authority granted for the Register of Deeds to enter a new certificate or to make a memorandum of registration in accordance with what may be purported in such instrument.

it accumulates all the ultimate facts with respect to a particular piece of registered land in once single document, making out a precise & correct statement of the exact status of the fee simple title which the owner has in fact. Will take effect upon recording it on the registration book

Importance: proof of ownership of the person named in the certificate

Its probative value is that it is final and conclusive

You cannot just transact it immediately because it is a registered transaction

Original Certificate of Title should be with the Register of Deeds

Owners Duplicate Certificate of Title should be in the possession of the owner

You may know the status of the title by examining it and by going to the Register of Deeds. You can get a certified true copy from Register of Deeds (its a public document, therefore, it can be used as evidence)

Note: A Certificate of Title is not subject to collateral attack

Decree court decision on judgment of dismissal

Judgment opinion of the court after taking into consideration the evidence submitted by the parties in the controversy

The Register of Deeds to Register:

1) Duplicate Transfer of Title

2) Deed of Conveyance registrable by notarizing it

3) Payment of legal fees

Certificate of title it shows the status of the owner and the identity of the property (technical description)

Copies of Certificate of title that should be made:

1) OCT Original Certificate of Title Register of Deeds

2) ODCT Owners Duplicate of Certificate of Title person named therein

Co-owners duplicate of title

In their voluntary dealing, all of them must be presented.

OCT judicial or extra-judicial

TCT Transfer Certificate of Title it is issued as a consequence of subsequent transfer (once only)

Things that shd be found in the Certificate of Title:

1) Name of the registered owner

2) Citizenship

3) Residence/postal address

4) Civil status and citizenship of the spouse if married

Civil status is not conclusive because it still may change in the process of the application

MWSS vs. CA: If one property is registered to 2 persons, the oldest title shall prevail ( the title of the earliest date prevails) Regulacion vs. Register of Deeds: trace derivative title to determine who has the earliest title if a property is registered to 2 parties.

Sps. Mathay vs. CA: Mathays alleged the issues:

1) They have earlier date of title

2) They must only rely on the face of the cert. of title

3) They are purchaser in good faith

4) There is a presumption in law that they acted in good faith

SC Decision on the issue of Purchasers in Good Faith: purchaser in good faith and for value refers to a buyer who did not know of any claim over the property at the time he bought it and pay a full and fair amount. Exception to the definition: if there are circumstances that would arouse their suspicion which would require a reasonable and prudent man to inquire as to the status of the property. Therefore, they should exercise due diligence to have a visual/ocular investigation on the status & condition of the property or the claim of the 3rd person. If they didnt practice it, they are NEGLIGENT. Purchaser in good faith when he did not know of any lien or encumbrance annotated over the title as if it is a clean title The SC stressed that Atangan is in possession of the property other than the seller But if the seller is also in possession of the property, Mathays can claim that they are not required to look over or look beyond the face of the title.An inspection should be made if:

1) If there are occupants of the property which must be the prospective seller

2) To identify property.

Sps. Mathay should have made an ocular inspection over the property. Since they failed to make an inquiry, therefore, they are negligent and therefore, they are precluded from declaring that they are purchaser in good faith.

There is always a presumption in law that everyone is in good faith any person who claims/asserts good faith has the burden of proving it.

Since there is TCT, SC said look for the source of OCT (derivative source of the 2 OCT)

Mr. Atangans title is upheld because it is earlier than the Sps. Mathay.

Mathays did not acquire any better title at all. They merely stepped on the shoes of the seller who doesnt have a title and right at all. you cannot give what you do not have.

Sec. 47 Registered land not subject to prescription The land is already imprescriptible

The prescription referred here is acquisitive prescription

Supposing the title has not yet been issued or the decree and certificate was not signed yet? The land cannot be acquired anymore by acquisitive prescription as long as there is already judgment because it is already considered as registered.Sec. 48 Certificate not subject to collateral attack the object of collateral attack is not to nullify the title. Nullification of the title is only incidental in a collateral attack collateral attack is a summary procedure in forcible entry/unlawful entry eg. ejectment case should be filed in MTC accion publiciana recovery of possession

(RTC) Laches unjustified delay in bringing action not applicable to registered land direct proceeding when the action is to nullify or cancel the title itself the issue here is the VALIDITY of the title itself example of the cause of action: violation of Sec. 23 Action: action to nullify or cancel the title Caraan vs. CA title cannot be subject of collateral attack The action filed here is accion reivindicatoria which is a collateral attack

Sps. Amancio vs. CASec. 49 Splitting or consolidation of titles

Sec. 50 Subdivision and consolidation plans

PD 957 2 Types of subdivision plan:

1) Simple2) Complex No portion of any STREET, PASSAGEWAY, WATERWAY OR OPEN SPACE so delineated on the plan shall be closed or otherwise disposed if by the registered owner with the approval of the RTC of the province or city in which the land is situated Owner can donate them to the government but cannot sell without approval A registered owner desiring to consolidate several lots into one or more, requiring new technical descriptions, shall file with the LRA a consolidation plan The new technical description shall be the result of the survey which will now be a consolidated plan This is to prevent enlargement of areaCHAPTER IX VOLUNTARY DEALINGS WITH REGISTERED LANDSec. 51 Conveyance and other dealings by registered owner Relate Sec. 51 to Sec. 112

N/A to unregistered land (Sec. 113 (b) )

Legal forms vehicle used for executing deeds

2 Modes of making Instrument Public:

1) By jurat contains narration of facts (affidavits)

2) By acknowledgment eg. Deed of conveyance

The act of registration shall be the operative act to convey or affect the land insofar as 3rd persons are concerned

Extra knowledge from Judge Serrano for contracts:

SS. scilicet (venue)

Not S.S. this is wrong

Sec. 52 Constructive notice upon registration If the instrument is not registered, who are bound? (1) contracting parties, assignees, heirs, successors-in-interest Heirs are bound because they are extension of the personality of the decedent(2) those who have knowledge because the purpose of the registration is already attained; actual knowledge is equivalent to registration (Consolidated Rural Bank vs. CA)

Importance of Registration: to convey or affect the land insofar as 3rd party is concern

There is permanent record upon registration

There is already conclusive presumption/ irrefutable presumptionSec. 53 Presentation of owners duplicate upon entry of new certificate No voluntary instrument shall be registered by the RD unless the owners duplicate certificate is presented with such instrument The production of the owners duplicate certificate, whenever any voluntary instrument is presented for registration, shall be conclusive authority from the registered owner to the RD to enter a new certificate or to make a memorandum of registration.

Sec. 54 Dealings less than ownership, how registered Manner of accomplishing registration

No new certificate shall be entered or issued pursuant to any instrument which does not divest the ownership or title from the owner or from the transferee of the registered owners. All interests in registered land less than ownership shall be registered by filing with the RD the instrument which creates or transfers or claims such interests and by a certificate of title and signed by him. A similar memorandum shall also be made on the owners duplicate.

The cancellation or extinguishment of such interests shall be registered in the same manner.

Sec. 55 Grantees name, nationality, etc to be stated Full name, nationality, residence and postal address of the grantee or other person acquiring or claiming an interest Whether married or not and the name of the spouse if married If the grantee is a corporation or association, the instrument must contain a recital to show that such corporation or association is legally qualified to acquire private lands.Sec. 56 Primary Entry Book; fees; certified copies Registration of entries Basis in the order of reception of the RD & payments: At the time of the ENTRY in the PRIMARY BOOK or DAY BOOK RD shall enter all instruments including copies of writs and processes filed w/ him relating to registered lands; the date, hour and minute of reception of all instruments in the order in w/c they were received. The government shall be exempt from feesThis shall be open to the publicImportance of being recorded in the entry book: transaction/conveyance deemed registeredRule: Priority in registration establishes priority in rights he who is first in time is preferred in right.

Covers the procedure in registration of conveyances The function of RD is ministerial and mandatory. However, he has the duty to determine the compliance with the requirements below.

Requirements:1) Deed of conveyance must be (a) registerable (Sec. 112), (b) in form sufficient in law and (Sec. 112) (c) contains technical description (d) must contain the name of the grantee, nationality, etc.2) Owners duplicate certificate (ODCT) must be surrendered RD shall determine the authenticity of the duplicate to avoid fraud3) Payment of registration fees

If all the requirements are present, it shall be a conclusive authority for the RD to register the subsequent registration.

The requirements CANNOT be altered/modified except by legislature itself

Local Government (through its ordinance) has NO power to alter or modify the requirements

SURRENDER OF OWNERS DUPLICATE OF CERTIFICATE OF TITLE

Must be presented during registration

Reasons:

1) To check the authority of the owner

2) It will serve as evidence of the willful act of the owner in conveying the land

3) Safeguard against fraud

Why does it prevent fraud from being committed? Because the law requires that the ODCT and the Registrable Certificate of Conveyance must be presented. If the holder of the ODCT does not want to surrender the ODCT RD shall petition w/ the court for the surrender of the title

Description of property must be PROPERLY DESCRIBED contains technical description

Lot #, boundaries, area, etc

Be sure that the description is property checked and correct.

In case there is irregularity between area and boundaries the BOUNDARIES should prevail! Annotation de Memorandum to the certificate of title Act of Registration is the operative act.

In addition, the following should be determined: (a) payment of registration fees; (b) whether the transferee is a Filipino citizen or qualified to be an owner

The transferees citizenship must be stated in the deed of conveyance

If it is a corporation, it should be at least 60% owned by Filipinos.

Basis: Constitutional prohibition against aliensClassification of lands according to the Constitution:1) Forest land2) Mineral land

3) Agricultural land private, urban, residential

If sold to a foreigner the contract is void

However, the status of the contract between the contracting parties is valid and binding

1) Principle of estoppel2) In pari delicto

If both parties in default the law will leave them where they are But with respect with the state, the contract is invalid.

The state, through SolGen, shall execute Escheat (Forfeiture proceedings) to recover the land

Gen. Rule: Aliens cannot acquire property

Exceptions:

1) Aliens who acquire the land though hereditary succession.2) Corporation sole eg. Roman Catholic Church

3) During Japanese occupation Phil.Constitution was suspended until Jan. 4, 1943

RA 8179 maximum area: (a) urban 5,000 sq. meters; (b) rural 3 hectares Applies to former natural born Filipinos

Supposing it was sold to an alien then it was sold to a Filipino citizen, can the state file an escheat proceedings? No because the Constitutional prohibition will NOT apply. Supposing the land was owned prior to his naturalization (from alien national to Filipino)? It depends. If eschit was already filed by the state before the naturalization, the sale shall be VOID. But if the state has not yet filed after the naturalization, the sale would be VALID. He is a buyer in GOOD FAITH if the Filipino buys it in his own interest. He is in BAD FAITH if he buys it for the aliens interest. Circumvention of the law to escape prohibition of the law

He shall be considered as DUMMY under ANTI-DUMMY LAW (special penal law)

What cannot be done directly cannot be done indirectly.

CORPORATION SOLE (religious) As mere administrator of the Church property

Not contemplated by the constitutional prohibition

Eg. Secular (bishop, parish priest), religious (abbot)

Represented by 1 member only

A Canadian priest was questioned when he acquired by purchase an agricultural land he is not an owner but he is merely an administrator of the land

The true owners are the Filipinos who are the members of the church (p. 203) Supposing a FORGED duplicate certificate of title and deed of sale that were manufactured in Recto, will you register it? No because you have no authority to register it since the document presented is not authentic. Supposing you issued new Transfer Certificate of Title based on the forged OCT, what is the status of the certificate of title you issued? NULL & VOID. May a forged certificate of title be a root/source of a valid title? No. This is an absolute rule. The registration shall be null and void. There is no authority given to the RD because the title is still intact and still in the possession of the registered owner. RD has the duty to investigate the genuiness of the title. (because it is his duty)

Note: A FORGED Deed of Conveyance CAN be a valid title because it is not RDs authority to determine the genuiness of the deed of conveyance (deed, not ODCT).

It shall be a judicial function.

In the case of Sps. Eduarte vs. CA, what was forged was the Deed of Conveyance. Hence, it became a source of a valid title. What is the status of the Certificate of Title you issued to the forger? It is VOID. Subsequent registration of a forger conveys no title/void. Owner can still go against the forger.Exception: A forged deed may be a root of a valid title.Requisites: 1) That the registered owner DELIVERED or ENTRUST the ODCT to the forger

2) Using the forged deed of conveyance, the forger TRANSFERRED the property to his name.

3) While the Certificate of Title remains in the name of the forger, the land is CONVEYED to an INNOCENT PURCHASER FOR VALUE.

RULE: If Forged Deed of Conveyance: ownership may be lost in favor of Innocent Purchaser for Value (IPV)

If through forged Certificate of Title: ownership cannot be lost in favor of IPV. If what is forged is the ODCT, the registration will never be valid and always void and cannot be source of a valid title.

Because the surrendered ODCT must be genuine, then forged ODCT does not give the RD any authority to register as it is bound to know the genuiness of the ODCT.

Remedy if ownership is already transferred:

1) Equitable remedy: reconveyance

2) Legal remedy: reopening of the case, etc.

3) Damages against the person who defraud or against the insurance fund.

Note: As between two innocent persons, the one who should suffer is the one who by act of confidence entrusted the certificate of title and became the cause of forgery and not the IPV.

Problem #1: Mr. B (thief) entered the house of X and stole therein moneys and Owners Certificate of Title. He forged a deed of conveyance. You as the RD, will you register it? Yes, if the property is registerable)

Supposing B sold the property to Mr. C. Does C acquire ownership? No. Because the 1st requisite is not present (the certificate was stolen, not entrusted).

Problem # 2: Supposing the owner entrusted the certificate to his agent. The agent forged a special power of authority. RD will note at the back of the title that SPA executed by the registered owner was in favor of his agent. The RD may issue certificate.

Question: Supposing the agent sold the property. Did the buyer acquire a valid title? No, because the buyer in the case bought the property from the forger. The vendor is not the true and legal owner of the property.

Subsequent registration procured through a forged deed is null and void.

if youre dealing with an agent, you should inquire if the agent has the authority to sell (Sec. 53-Forged Deed), and besides, it does not comply with the 2nd requisite (the forger did not use a forged deed of conveyance but an SPA only).Sec. 57 Conveyances and Transfers duty of RD: ministerial and mandatory in characterSec. 58 Procedure where conveyance involves portion of land If the land to be conveyed is for a part only of the land described in the certificate, there should be a subdivision plan according to Sec. 50.Sec. 59 Carry over of encumbrances Supposing the registered land was sold but was subject to mortgage, will the buyer acquire ownership over the property? YES because mortgage creates only a lien or encumbrance over the property. It does not operate as a transfer of ownership. What would happen? (Sec. 59) The encumbrance shall be carried over EXCEPT when the mortgage is simultaneously released o cancelled. Just pay the mortgage to have a clean title and secure CERTIFICATE OF CANCELLATION OF TITLESec. 63 Foreclosure of Mortgage

1) Judicial a certified copy of the final order of the court confirming the sale shall be registered

2) Extrajudicial certified copy of sale executed by the officer shall be filed with RD

Pacto de retro is registered the same as mortgage

It shall be under the name of the seller during the period of redemption

How is the vendees right registered? By annotation of memorandum of pacto de retro sale If without redemption and the period already expired? it will be consolidated to the vendee a retro What is the requirement? Execute certificate of consolidation if the period already expiredCHAPTER XI INVOLUNTARY DEALINGS WITH REGISTERED LAND ATTACHMENT & OTHER DEALINGS The cooperation of the registered owner is not needed

This is a provisional remedy ordering the sheriff to satisfy obligation Attachment should be connected on levy on execution

If you will be able to secure writ of attachment that is registered in RD

Security of payment

Lien is created by levy (executed by the sheriff)

E.g. eminent domain, lien based on unpaid taxes (real estate tax), attachment or levy on execution

Residual value balance of the value

Attachment issued at the beginning of the suit

General ground: fraud

Specific grounds:1) If there is fraud in contracting an obligation, there is a basis for filing an attachment

2) Defendant attempts to abscond or no longer resides in the Philippines

Attachment may be filed in the motion itself

But can be filed later through a motion

Requisites of attachment:1) There must be a trial

2) Court must issue an order of attachment

3) The applicant must file a bond

Applicant must prove it

Once it is granted, it will return to the court. It will be approved by the court. Now, a writ of attachment shall be issued by the clerk of court. The writ of attachment shall state the description of property

It shall be presented to the RD plus the order

Execution happens when there is a judgment of the court it is already final and executor (not provisional)

Lawyer file motion for execution; sheriff levy property for execution

Will be transformed into execution sale The attachment lien is deemed valid upon registration It shall be considered sufficient when it is entered in the primary entry book.

It shall be sufficient notice to 3rd party

Can a property be subject to several attachments? Yes, if there are many creditors or if the owner has many debt. Is the presentation of owners title is necessary upon registration of attachment? No because it is involuntary dealing RD will notify the owner; if the owner doesnt want to submit, just inform the court then the court shall issue an order to submit OCT.

If the owner still doesnt want to submit, file a motion for indirect contempt. In case of non-compliance, he shall be placed in contempt.

Supposing the property that has been attached is purchased by a 3rd party, can the property be sold? Yes, its the same as mortgage. There is an attachment which would be carried over to the certificate of title by the 3rd party. What happens to the right of a 3rd party? -He should wait for the judgment if it is favorable or not favorable before it is registered to his name Assume the decision is not favorable? The property will be sold in execution sale. What is the property (or right?) of the 3rd person pay the attachment credit or attachment lien to claim the property

How do you determine priority to the property of creditors? Through registration (date and time of the registration in the primary entry book) HE WHO HAS PRIOR REGISTRATION HAS PRIORITY IN RIGHTS. First lien holder senior lien holder

subsequent lien holder junior lien holder

attachment lien does not satisfy the judgment itself. It will be satisfied in the execution sale attaching creditor have a favorable judgment.

The sheriff certificate of sale shall be registered

The redemption period is 1 year from the date of registration of sheriffs certificate of title (Sec. 51)

May a property of a 3d person be attached? No, it is beyond the jurisdiction of the court.Note: Only the property of the defendant may be levied

If sheriff wrongfully levied the property of others: sheriff shall be liable

Sec. 74 Enforcement of Liens on registered land Tax lien not necessary to be registered

Only the tax sale is necessary to be registered Nature of Tax Sale: In Personam

The notice of tax sale must be delivered to the delinquent tax payer to be given opportunity to be heard Constitutional Requirement Notice should be by personal service/notice

If no notice sake is INVALID

There shall be no presumption of regularity SPS. SARMIENTO VS. CA (GR No. 152627)Requirements in Due Process of Law in Tax Sale:1) Sps. Sarmiento vs. CA Spouses were not personally given notice it is the duty of public official who executed the tax sale to prove that a personal notice is given2) The date and time must be definite Otherwise violation of due process Supposing the date specified is: every Dec. 5 and year after not valid date tax sale should be DEFINITE3) Tax Sale should be registered Tax lien need not be registered but the tax sale must be registered Registration is the operative act Redemption period 1 year from the date of registration If the certificate of sale is not registered redemption period will NOT runSec. 75 Application for new certificate upon expiration of redemption period

Here, knowledge of the lawyer does not necessarily mean amount to knowledge of the client

Not imputable

If not registered, the right of redemption will be expired

- the act of registration is the operative act of conveyance (Sec. 50)Who may redeem in execution sales: (page 384)1) Judgment debtor

2) Successor in interest includes the wife, children

3) Creditor having a subordinate lien

Right to rentals depends on who is in possession (page 385)

If judgment debtor does not redeem purchaser shall keep the rental

Period of redemption: 1 year

CHAPTER XII REGISTRATION OF LIS PENDENS, JUDGMENTS , PARTITIONS, ETC. Sec. 76 Notice of Lis Pendens Notice of pending suit or litigation

Property is involved in a case (subject)

Lis pendens is different from litispendencia

Litispendencia 2 cases involving same property judgment to the 1st shall bar to the continuation of the 2nd case res judicata

Shall be filed by the plaintiff

Only for direct interest (does not apply to attachments, levies of execution or to proceeding for the probate of wills, or for administration of the estate of the deceased persons in the RTC) It shall be deemed registered upon registration in the day book or primary book

Notice of lis pendens does not create a lien over the property creates only contingency and not a right or lien that does not exist the buyer is at his own risk in buying the subject property (page 393) Lis pendens may be annotated by petition

Lis pendens should be registered

Best proof of lis pendens attach the complaint

How Notice of lis pendens is registered? file a petition and mention therein the pendency of the case Registration shall be made through memorandumRegistration of Lis Pendens

YARED VS. ILARDE (337 SCRA 53)

Registration is announcement to the whole world that a particular property is in litigation

Serves as warning that he who acquires interest in the property does so at his own risk or gambles on the result of the litigation

Instance Covered by Lis Pendens:

1) Accion publiciana

2) Action to quiet the title

3) Action to remove clouds over the title

4) Action for partition

N/A to the Following:

1) Attorneys Fees

2) Interest of a child over the property of his parents

3) Commission of agents

Sec. 77 Cancellation of Lis PendensOnce annotated, it cannot be cancelled UNLESS:

1) There is court order there must be notice and hearing and the other party be duly notified by the motion 2 grounds for cancellation by court order:

1) If the purpose is molesting the adverse party2) It is necessary to protect the rights of the party who caused it to be recorded

Grounds must be proved in hearing

3) The person who registered lis pendens submit a verified petition to cancel (voluntary)4) After final and executory judgment

Effective upon entry in primary book

No need to wait for actual annotation

Sec. 78 Judgment for plaintiff What is registered here is the JUDGMENT

If a judgment in favor of the plaintiff directs the other party to convey the property to the plaintiff and the other party does not want to do it the clerk of court is given the power/authority to sign the deed of conveyanceSec. 80 Execution of deed by virtue of judgment If failed to execute the deed of sale the court may appoint a trustee to execute instrumentSec. 81 Judgment of Partition Applicable when there is co-ownership3 Modes of Putting end to co-ownership

1) Physical division (Sec. 50)

2) Co-owners assigned their respective shares to the other co-owner (assignee)

Eg. A & B to C

3) Property sold to 3rd person

Sec. 84 Judgment or order vacating insolvency proceedings Property should be returned to the former insolvent debtorSec. 85 Land taken by eminent domain Legal expenses shall be shouldered by the expropriating authoritySec. 86 Extrajudicial settlement of estate Publication shall be proved by affidavit of publicationSec. 87 Filing of Letters of Administration of will Will shall be filed in the court Administrator named in the will as administrator If no administrator is named in the will court will appoint one The order of appointment of administrator is also appealable. CHAPTER XIII TRANSMISSION BY DESCENT AND DEVISE

Devise disposition of property by virtue of a will If there is a last will (testate) executor

If there is no will (intestate) administrator

Will must be duly probated meaning an action must be filed

In last will and testament, the testator may assign an EXECUTOR (you file for the probate will)

Note: Supposing estate during the pendency of the case may be required to be sold to pay the legal fees who should execute it? The executor/administrator

He must file a petition to sell the property of the deceased

Important: The executor should get from the court: (1) Order AUTHORIZING the sale and (2) order APPROVING the sale Without these 2 the sale is VOID

Every stage of administration is APPEALABLE If there is only 1 heir AFFIDAVIT OF SELF-ADJUDICATIONCHAPTER IV ASSURANCE FUND

Part of registration fees go to assurance fund

The liability of the assurance fund is only SECONDARY

Meaning of damages fair market value of the property at the time of lost

Prescriptive period 6 yearsCHAPTER XV PETITIONS & MOTIONS AFTER ORIGINAL REGISTRATION

Sec. 109 Notice and replacement of lost duplicate certificateNote: File petition to replace ODCT, not reconstitution

Will be replaced after petition There should be notice and hearingThings that should be determined:

1) Jurisdiction

2) Whether ODCT is actually lost/destroyed- if found out that the ODCT is not lost new certificate is VOID because the court has NO jurisdictionAdverse claim a claim adverse to the registered ownerNote: The claim must arise after the original registration it is registered by a SWORN STATEMENT the basis may be: contract, loan or succession may not be registered if the land is not registrable In order for the property not to be sold to others annotate with it the adverse claim Then the next action is petition for the notice of lis pendens If no case yet file affidavit of adverse claim Affidavit should comply with Sec. 70 If there is a case already file notice of lis pendens (Sec. 70)Note: annotation of adverse claim does not mean it is valid

Adverse claimant is not an innocent purchaser for value because he has knowledge of defects in his title Transaction must have direct bearing on title or interest, thus claims cannot just be an adverse claim (N/A to commission of agents, attorneys fees, interest of a child over the property of his parents it is only an INCHOATE right)SAJONAS VS. CA (250 scra 79)

Laws says that adverse claim is valid for a period of 30 days but it is NOT self-executory. There is still a need for a petition to cancel the adverse claim Adverse claim will still be considered a lien over the property.Sec. 108 Amendment & alteration of Certificate of Title Court order is necessary in amendment and alteration of certificate of title Defects in the plan (boundaries) and point of references in technical description may be corrected Eg. Minor-title; after he reaches the age of majority he can ask for the correction of the certificate of titleSec. 109 Notice and Replacement of lost duplicate certificate If ODCT is destroyed he must file a petition for replacement of ODCT ODCT must actually be lost or destroyed If it is NOT lost replacement of certificate is VOID Court has no jurisdiction over the case (STRAIT TIMES VS. CA) Lost file affidavit of lost to be registered with RDCHAPTER XVI CADASTRAL REGISTRATION PROCEEDING

Proceeding in rem Cadastral cost a lien on the property owners certificate of title

It shall not be transferred until fully paid

Must include the whole area in the survey

Cadastral court has no jurisdiction to decree again a registered land

2nd decree is null and void

Basis of judgment: publication

CHAPTER XVII RECONSTITUTION OF LOST OR DESTROYED TITLE

Sec. 110 Reconstitution of lost or destroyed original of Torrens Title If the OCT is lost petition for RECONSTITUTION Ex. RDs building was burned including the OCT Reconstitution Restoration of instrument which is supposed to be lost/destroyed in its original form and condition. Publication: 2x if reconstitution is also lost judicial reconstitution againPurpose: to reproduce or restore

All annotations should also be in the reproduced/reconstituted certificateKinds of Reconstitution:1) Judicial in rema) File a petition before the RTCb) Notice of petition be published at the expense of the petitioner, 2x in Official Gazette and to be posted in the entrance of the provincial/municipal hall where the land is located Heirs of Ragua vs. ca (324 scra 7) SC: failure to comply with the publication is fatal to the jurisdiction of the court2) Administrative Requirements:

a) Substantial loss or destruction due to fire, flood, or force majeure (force majeure shall be determined by the LRA)

b) The total loss of destroyed is 10% in RD

c) The title lost of destroyed not be less than 500

Source of the Certificate of Title: ODCT

REGISTRATION OF PUBLIC LAND Only citizens of the Philippines

Indefeasible upon expiration of the date BAGUIO VS. REPUBLIC (361 Phil 374)

Note: 1 year period does not run against the government - HERSE VS. MUN. OF CABUYAO (G.R. No. 166645, November 11, 2005)1) Homestead Patent2) Free Patent

3) Sales patent by public bidding (12 hectares)

4) Special patents Prohibition of 5 years in homestead patent is MANDATORY

Actions against illegal issuance of patents1) Reversion suits not automatic; Solicitor General should file; this is investigated by Director of LMB

2) Cancellation suit

3) Action for reconveyance

CONDOMINIUM ACT

What is the concept?

When it is subject to condominium act?

1) when the owner of the land are condominium corporation

2) owners of the condominiums are considered stockholders

restriction to aliens is not applicable because it does not include the land

What is the rule? aliens cannot own more than 40% Ownership of the land must be presented always when a condominium owner registered it in his own name.

Ownership of a condominium unit interest: hallway, pool, garden, land

What is covered? Condominium certificate of title

Condominium project can be managed by condominium officers can issue resolutions for assessments (dues: maintenance of common area, guard, taxes must be paid)

These assessments if not paid may constitute as a lien if it is registered

What is the nature of lien? in nature of a mortgage If the owner of a condo was not able to pay, his unit shall be foreclosed (public sale for payment of assessment)

There is a right of redemption

Each condominium unit is subject to taxes and tax on the land

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