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 landowners application, the court may, after appropriate proceedings, direct the issuance of a certificate of title (Blacks 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 to examine 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 rem (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. Enriquez; 29 Phil. 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 cases covering: 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, by virtue 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 the registration 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, patent of 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 the grantee 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 the land. 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 ownership and 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 lands under 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 occupation of 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 the appropriate 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 the application 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. ii. Forest or timberland, public forests, forest reserves, and mineral lands (Sec. 2, 3; Art. XII; Constitution). 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. Those which belong to the State, without being for public use, and are intended for some public service or for the development of the national wealth (Article 420, Civil Code).

iii.

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 provided for 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 a retro, 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 they are 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 public domain 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 to approve 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. ii. If married, the name of the wife or husband, If the marriage has been legally dissolved, when and how;

c. Full names and addresses of all occupants and those of the adjoining owners, 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 the land 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 any legal 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 engineers 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 45-90 days 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 in such 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. i. ii. iii.

One in a newspaper of general circulation in the Philippines. All persons appearing to have an interest in the land; The known adjoining land owners so far; and To whom it may concern.

The notice is addressed to:

b. By Mailing Within 7 days from publication in the Official Gazette, the Administrator shall mail a copy of the notice to: i. ii. Every person named in the notice whose address is known. 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 public way or road determined. The Secretary of Agrarian Reform; the Solicitor General, the Director 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 that a tenant-farmer or the National Government may have a claim adverse to the that of the applicant.

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c. By Posting 8. Opposition Any person claiming an interest may appear and file an opposition: i. ii. i. ii. iii. On or before the date of initial hearing, or Within such further time as may be allowed by the court. All the objections, and The interest claimed by the party; and The remedy desired.

The opposition shall state:

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 Ownership a. 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 applicants 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 the issuance 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 registration and 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 original certificate shall be sent, together with the owners 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 owners duplicate is ready for delivery to him upon payment of legal fees (Sec. 40, PD 1529). The decision shall become final 15 days from receipt of the SolicitorGeneral 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 title does not state the boundaries of such have been determined, and e. Any disposition of the property or limitation on the use thereof by virtue of, 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. This ownership 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 that it 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, executed without 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 operate as: 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 attachment, injunction, It includes sale, mortgage, lease, patent, mandamus, levy on execution and notice of powers of attorney, and trusts. lis pendens. Presentation of the owners duplicate Entry in the day of book is sufficient notice

certificate of title is required to notify; to all persons. mere entry insufficient. An innocent purchaser for value of registered land becomes the registered owner the moment he presents and files a duly notarized and valid deed of sale and the same is entered in the day book and at the same time he surrenders or presents the owners duplicate certificate of title covering the land sold and pays the registration fees. It is necessary to register the deed or instrument in the entry book and a memorandum thereof shall also be made in the owners duplicate certificate and tis original.

Entry thereof in the day book of the Register of Deeds is sufficient notice to all persons even if the owners duplicate certificate of title is not presented to the Register of Deeds.

Entry in the day book is sufficient notice to all persons of an adverse claim without the same being annotated at the back of the certificate of title.

As a general rule, a person dealing with registered property need not go beyond, but only 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 grantees civil status. If the grantee is a corporation or association, it must show that it is qualified to acquire private lands (Sec. 55, PD 1529). 2. Present the owners 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 the date 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 as registered 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 him an owners 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 the new certificate is registered and a reference by number to the last preceding certificate. d. The original and the owners duplicate of the grantors certificate shall be stamped cancelled. e. The deed of conveyance shall be filed and indorsed with the number and the 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 corresponding certificate of title. c. The Register of Deeds shall issue a new certificate of title and cancel the grantors certificate partially with respect only to said portion conveyed, or the certificate may be cancelled totally and a new one issued describing therein 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 owners duplicate, the Register of Deeds shall enter upon the original of the certificate of title and also upon the owners 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 registered in 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 jurisdiction has 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 claim shall 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 city in 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 entered and 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, stating that 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 where a 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 Sales Whenever 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 officers 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 upon filing 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. ii. iii. iv. His alleged right or interest; How and under whom such alleged right or interest is acquired; The description of the land in which the right or interest is claimed and; 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 nonregistrable 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 in interest in writing and the latter may appeal the matter to the Administrator of the Land Registration 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 registration of deeds or instruments concerning registered lands.

Chapter VII PATENTS The classification of public lands is a function of the executive branch of government. Lands of the public domain which are alienable or open to disposition may be further classified as: 1. 2. 3. 4. Agricultural; Residential, commercial, industrial, or for similar productive purposes; Educational, charitable, or other similar purposes; and 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 and administrative legalization).

KINDS

APPLICANT

REQUIREMENTS Maximum of 12 hectares of agricultural land. Applicant must have cultivated and improved at least 1/5 of the land continuous since the approval of the application resided for at least one (1) year in the municipality in which the land is located in an adjacent to the same. Payment of fee required.

Homestead Patent Any Filipino citizen, who are at least 18 years of age or head of the family. (Public Land Act)

KINDS

APPLICANT

REQUIREMENTS

Sales Patent Public Lands

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

Lands for Residential , Commercial, or Industrial Purposes

Lands for Residential Purposes

Any Filipino citizen of legal age and must not be the owner of a home lot in the municipality where he resides. The applicant must have established in good faith his residence on a parcel of public land which is not needed for public service (RA 730).

Maximum of 12 hectares of agricultural land. Sold thru sealed bidding. Purchase price may be paid in full upon the making of the award or in not more than 10 instalments from the date of the award. Purchaser shall have not less than 1/5 of the land cultivated within 5 years from the date of the award. Before any patent is issued he must show actual occupancy, cultivation and improvement of at least 1/5 of the land until the date of final payment. Lands reclaimed by the government and foreshore shall be disposed by lease only. Marshy lands and other lands may be sold on condition that the purchaser shall make improvements of a permanent character for the purpose for which the land is purchased within 18 months from the date of the award. Exception to CA 141 area does not exceed 1,000 sq. m. It shall be an essential condition of the sale that the occupants have constructed his house on the land and actually resided therein.

KINDS Special Patent

APPLICANT

REQUIREMENTS Issued upon the promulgation of a special law or act of Congress or by the Secretary of Environment and Natural Resources as authorized under an executive order.

Chapter VIII REMEDIES OF AGGRIEVED PARTIES MOTION FOR NEW TRIAL Prescriptive Period Fifteen (15) days from notice of judgment. Grounds Fraud, accident, mistake, excusable negligence Newly discovered evidence Awarded excessive damages, or insufficiency of evidence, or that the decision is against the law.

APPEAL Prescriptive Period Fifteen (15) days from notice of judgment (appealable to the Court of Appeals or the Supreme Court, if applicable). Grounds Same grounds as in ordinary actions.

RELIEF FROM JUDGMENT Prescriptive Period Grounds Fraud, accident, mistake, excusable Sixty (60) days after Petitioner negligence learns of the judgment, but not more than six (6) months after judgment was entered. PETITION FOR REVIEW Requisites

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 an innocent purchaser for value. (Walstrom v. Mapa; G.R. No. 38387)

Grounds Extrinsic fraud Void decision for lack of due process. Lack of jurisdiction.

ACTION FOR RECONVEYANCE Prescriptive Period Jurisprudence / Notes It does not reopen proceedings but a Before the issuance of a decree, or mere transfer of the land from within or after one (1) year from date registered owner to the rightful owner of entry. (Esconde v. Barlongay). Within 10 years if based on implied It is available in case of fraud thereby trust. creating a constructive trust between Imprescriptible if based on express the parties (Huang v. Court of trust and on void contract.

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 Loss or damage is sustained or there Against the Register of Deeds and was a deprivation of interest in an the National Treasurer if FEMOM is estate; caused by court personnel, Register On account of bringing land under the of Deeds, his deputy and other Torrens system; employees of the Registry. 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 between the 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 where lands of the public domain are held in violation of the Constitution or were fraudulently 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 owners 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 shall contain 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 the Land 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.