WHAT ARE THE REQUISITES FOR AN ACTION TO QUIET TITLE? 1.

Plaintiff must have a Legal or equitable title to, or interest in the real property which is the subject matter of the action; 2. There must be Cloud in such title; 3. Such cloud must be Due to some a. Instrument; b. Record; c. Claim; d. Encumbrance; or e. proceeding which is apparently valid but is in truth invalid, ineffective, voidable or unenforceable, and is prejudicial t o the plaintiffs title; and 4. Plaintiff must a. Return to the defendant all benefits he may have received from the latter; or b. reimburse him for expenses that may have redounded to his benefit. WHAT ARE THE REQUISITES FOR EXISTENCE OF A CLOUD? 1. There is an Apparently valid or effective instrument. 2. But such instrument is in Truth: a. Invalid; b. ineffective; c. voidable; d. unenforceable; e. has been extinguished or terminated; f. has been barred by extinctive prescription. 3. Such instrument may be Prejudicial to the title. WHAT ARE THE PRESCRIPTIVE PERIODS FOR BRINGING AN ACTION TO QUIET TITLE? 1. Plaintiff in possession imprescriptible 2. Plaintiff not in possession 10 years (ordinary) or 30 years (extra-ordinary) Note: Laches is defined as the failure or neglect, for unreasonable and unexplained length of time, to do that which by exercising due diligence, could or should have been done earlier. The negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it.(Tijam v Sibonghanoy, L-21450, Apr. 15, 1968) Is an action to quiet title imprescriptible? Yes. Even though the Civil Code does not include an action to quiet title as one of those actions which are imprescriptible, the SC in this case held that such action is imprescriptible. The basis of the court is Art. 480. The imprescriptibility of an action to quiet title is a general principle from American jurisprudence. (Bucton v. Gabar, G.R. No. L-36359, Jan.31, 1974) DUTY OF SUBDIVISION OWNER TO SECURE RIGHT OF WAY Applies to an owner or developer of a subdivision without access to a public highway > A municipal ordinance declaring a subdivision road open to public used by public authorities when deemed necessary simply allows person other than the residents of the subdivision to use the road when they are inside the subdivision but doesnt give outsiders a right to open subdivision walls so they can enter the subdivision from any point > The closure of a dead end is part of ones proprietary rights. DUTY OF OWNER TO DELIVER TITLE OF THE CONDOMINIUM UNIT > Upon full payment of the purchase price, the seller is duty-bound to deliver the title of the unit to the buyer > Even with a valid mortgage over the lot, the seller is still bound to redeem said mortgage without any cost to the buyer apart from the balance of the purchase price and registration fees > Section 25 imposes an obligation on the part of the owner or developer in the event the mortgage over the lot or unit is outstanding at the time of the issuance of the title to the buyer, to redeem the mortgage and corresponding portion thereof within 6 months from such issuance > The 6-month period will run from the full payment of the agreed price SECTION 109 OF THE LAND REGISTRATION ACT GOVERNS REPLACEMENT OF LOST DUPLICATE CERTIFICATE > Section 109 is the applicable law in petitions for the issuance of new owners duplicate certificate which are lost or stol en or destroyed > RA 26 applies only in cases of reconstitution of lost or destroyed original certificates of title on file with the RD > The requirements for the replacement of a lost duplicate certificate are: 1. The registered owner or other person in interest shall send notice of the loss or destruction of the owners duplicate certificate of title to the RD of the province or city where the land lies as soon as the loss or destruction is discovered 2. The corresponding petition for the replacement of the loss or destroyed owners duplicate certificate shall then be filed in court and entitled in the original case in which the decree of registration was entered

3. The petition shall state under oath the facts and circumstances surrounding such loss or destruction 4. The court may set the petition for hearing, after due notice to the RD and other interested parties as shown in the memorandum of encumbrances noted in the Original Certificate of Title or Transfer Certificate of Title on file in the office of the Register of Deeds 5. After due notice and hearing, the court may 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 or destroyed certificate and shall in all respects be entitled to the same faith and credit as the original duplicate PETITION, WHERE FILED > A petition for replacement shall be filed with the RTC of the place where the land lies and this is true even if the title was issued pursuant to a public land patent registered in accordance with Section 103 of this decree NO TIME LIMIT TO FILE PETITION TO ANNOTATE A DEED OF SALE > No limitation or period is fixed for filing a petition to annotate a deed of sale at the back of a certificate of title > If any person claims that a person registered a deed of sale can no longer do so, because the deed was executed more than 10 years before, such objection must be raised in an ordinary civil action > Where there is no question as to the existence and validity of the deed of sale, the registration of the sale and issuance of a Transfer Certificate of Title are ministerial duties of the RD JUDICIAL RECONSTITUTION UNDER REPUBLIC ACT 26 > Republic Act 26: An Act Providing a Special Procedure For The Reconstitution of Torrens Certificate of Titles Lost or Destroyed > Reconstitution of title is an action in rem > A judicially reconstituted title has the same validity and legal effect as the original thereof, and isnt subject to the r eservation that it shall be without prejudice to any party whose right or interest in the property was duly noted in the original at the time of loss or destruction but which entry or notation hasnt been made on the reconstituted title > The limitation that reconstitution of title should be limited to the certificate as it stood at the time of its loss or destruction has reference only to changes which alter or affect title of the registered owner and not to mere liens and other encumbrances RECONSTITUTION DENOTES RESTORATION OF THE LOST TITLE IN ITS ORIGINAL FORM AND CONDITION > Purpose is to have it reproduced, after observing the procedure prescribed by law in the same form they where when the loss or destruction occurred > The fact that the title to the land was lost doesnt mean that the lot ceased to be a registered land before the reconstitution of its title > As the subject land didnt cease to be titled, it cannot be acquired by acquisitive prescription > Reconstitution is proper only when it is satisfactorily shown that the title sought to be reconstituted is lost or no longer available > Where the petition for reconstitution wasnt to restore a lost registered certificate of title but to re -register and issue a new certificate in the names of petitioner and her deceased husband, in lieu of one originally registered in the names of other persons, the petition should be denied without prejudice to the right of the parties to take the necessary action under Section 51 and 53 of PD1529 > Republic Act 26 provides for special procedure for the reconstitution of torrens certificate of title that are missing and not fictitious titles which are existing. Where a certificate of title over a parcel of land was reconstituted judicially and later it was found that there existed a previous certificate of title covering the same land in the name of another person, the court ruled that the existence of the prior title ipso facto nullified the reconstitution proceedings SOURCES OF RECONSTITUTION ORIGINAL CERTIFICATES OF TITLE 1. The owners duplicate certificate of title 2. The co-owners, mortgagees, or lessees duplicate certificate of title 3. A certified copy of the certificate of title, previously issued by the RD or by a legal custodian thereof 4. An authenticated copy of the decree of registration or patent, as the case may be, pursuant to which the original certificate of title was issued 5. A document, on file with the RD, by which the property, the description of which is given in said document, is mortgaged, leased, or encumbered, or an authenticated copy of said document showing that its original has been registered 6. Any other document which, in the judgment of the court is sufficient and proper basis for reconstituting the lost or destroyed certificate of title FOR TRANSFER CERTIFICATE OF TITLE

1. The owners duplicate certificate of title 2. The co-owners, mortgagees, or lessees duplicate certificate of title 3. A certified copy of the certificate of title, previously issued by the RD or by a legal custodian thereof 4. The deed of transfer or other document, on file in the RD, containing a description of the property, or an authenticated copy thereof, showing that its original had been registered, and pursuant to which the lost or destroyed transfer certificate of title was issued 5. A document, on file with the RD, by which the property, the description of which is given in said document, is mortgaged, leased, or encumbered, or an authenticated copy of said document showing that its original has been registered 6. Any other document which, in the judgment of the court is sufficient and proper basis for reconstituting the lost or destroyed certificate of title FOR LIENS AND ENCUMBRANCES 1. Annotations or memoranda appearing on the owners co-owners mortgagees or lessees duplicate 2. Registered documents on file in the RD, or authenticated copies thereof showing that the originals thereof had been registered 3. Any other document which, in the judgment of the court is sufficient and proper basis for reconstituting the liens or encumbrances affecting the property covered by the lost or destroyed certificate of title MEANING OF ANY OTHER DOCUMENT > As per LRC circular #35, the signed duplicate copy of the petition to be forwarded to this Commission shall be accompanied by the following: o A duly prepared plan of said parcel of land in tracing cloth, with 2 print copies thereof, prepared by the government agency which issued the certified technical description, or by a duly licensed Geodetic Engineer who shall certify thereon that he prepared the same on the basis of a duly certified technical description. Where the plan as submitted is certified by the government agency which issued the same, it is sufficient that the technical description be prepared by a duly licensed Geodetic Engineer on the basis of said certified plan. o The original, 2 duplicate copies, and a Xerox copy of the original of the technical description of the parcel of land covered by the certificate of title, duly certified by the authorized officer of the Bureau of Lands or the LRC who issued the technical description o A signed copy of the certification of the RD concerned that the original of the certificate on title on file with the RD was either lost or destroyed, indicating the name of the registered owner, if known from the other records in file in said office. WHERE TO FILE PETITION; CONTENTS > Shall be filed by the registered owner, his assigns, or any person having interest in the property with the proper RTC where the same is based on sources enumerated earlier > Contents shall be as followed 1. That the owners duplicate had been lost or destroyed 2. That no co-owners, mortgagees, lessees, duplicate had been issued or, if any had been issued, the same had been lost or destroyed 3. The location, area and boundaries of the property 4. The nature and description of the buildings or improvements, if any, which dont belong to the owner of the land, and the names and addresses of the owners of such buildings or improvements 5. The names and addresses of the occupants or persons in possession of the property, of the owners of the adjoining properties and all persons who may have any interest in the property 6. A detailed description of the encumbrances if any, affecting the property 7. A statement that no deeds or other instruments affecting the property have been presented for registration, or if there be any, the registration thereof hasnt been accomplished, as yet REQUIREMENTS OF NOTICE BY PUBLICATION, POSTING AND MAILING 1. To be published twice, at the expense of the petitioner, in successive issues of the Official Gazette 2. To be posted on the main entrance of the provincial building and of the municipal building of the municipality or city in which the land is situated 3. Copy of the notice to be sent by registered mail or otherwise, at the expense of the petitioner, to every person named therein whose address is known, within 30 days prior the date of hearing > The jurisdiction of the court is hedged in the forewalls of the petition and the published notice of hearing which define the subject matter of the petition. PETITIONS INVOLVING CERTIFICATE OF TITLE 1. There are 4 petitionspetition for surrender of title, petition for correction, amendments, or alterations in the certificate of title, petition for the issuance of new owners duplicate of title, petition for reconstitution 2. Petition for the surrender of the owners duplicate of titlethe law speaks of two instances. The first one involves involuntary transactions and the other one, voluntary transactions. In both instances the procedure is to file a petition in the Regional Trial Court for the owner to surrender the owners duplicate of title. 3. If the owners duplicate of title is lost, the law requires that notice under oath be given to the RD. There should be a verified affidavit that will serve as notice to the RD that the particular owners duplicate is lost. This will prevent any transaction that may arise fro m the loss of the owners duplicate. This particular petition would prosper and the corresponding duplicate issued will be valid if the owners duplicate is really

lost. When the owners duplicate is still existing upon filing of petition, the court doesnt acquire jurisdiction and the pr oceedings are null and void. The title is null and void and thus, can be attacked collaterally. 4. Petition for reconstitution is filed when the certificate of title has been lost or destroyed. This pertains to original and transfer certificates of title as well as encumbrances and liens. Purpose is to bring back to its original form and state. No addition nor reductions. If it is found out that the certificate is not lost or destroyed, court doesnt attack jurisdiction and proceedings are null and void. 5. There are two kinds of restitutionjudicial and administrative. Judicial is when you file a petition in court. Administrative is when you file the petition with the RD. It is easier with the Register of Deeds as you have to file it with the reconstituting officer of the Register of Deeds only. 6. The court in entertaining petitions for reconstitution should be careful and cautious. Section 12 and 13 are mandatory requirements. Section 12 refers to the contents requirement as 13 refers to the publication requirements. 7. The reconstitution proceedings are proceedings in rem. 8. Section 2 and 3 of RA 26 will tell the different documents or evidence that you can submit for a petition for reconstitution can prosper. Sources found in the law are in a hierarchy of preference. First and foremost in this list, may it be for the original or transfer certificates of title is the owners duplicate of title. 9. The phrase Any other document will pertain to documents similar to those previously enumerated. An example is a case per taining to an action for the recovery of possession. The court decision contained the technical description of the land and whatnot as would pertain to any other document that warrants reconstitution. 10. Administrative reconstitution is warranted in cases where the number of certificates lost is not less than 500 and the cause of the loss or destruction is by fire, flood or any other force majeure. If you pass these requirements, then administrative reconstitution is allowed. If you are not satisfied, you can go to the LRA within 15 days from the receipt of the decision. If not the LRA, file a petition for review with the proper court or specifically, the RTC. This can be done within 60 days from knowledge of decision but not later than 6 months from promulgation of decision. 11. The reconstituted title should be in the form and condition as the original lost title. 12. All these petitions and motions should be filed with the same registration case. This is specifically provided for in Section 108. You will use the same case number wherein the title was issued. DUTY OF REGISTER OF DEEDS TO REGISTER DOCUMENT PRESENTED FOR REGISTRATION IS MINISTERIAL MATTERS SHOULD BE LEFT TO THE COURTS FOR DETERMINATION > The powers of the RD are generally regarded as ministerial only and said officer has no power to pass upon the legality of an order issued by a court of justice > Whether the document presented for registration is invalid, frivolous or intended to harass, is not the duty of the RD to decide but a court of competent jurisdiction > The question of whether or not a conveyance was made to defraud creditors of the transferor should better be left for determination of the proper court REFERENCE OF DOUBTFUL QUESTIONS TO THE LRA VIA CONSULTA APPEAL TO THE COURT OF APPEALS IS THE PROPER REMEDY AVAILABLE TO A PARTY WHO DOESNT AGREE WITH THE ACTION TAKEN BY THE LRA ADMINISTRATOR > This is specially governed by Rule 43 of the Rules of Court, which provides for decisions, orders, resolutions of any quasi-judicial agency, ilke the LRA, in the exercise of its quasi-judicial functions > The appeal shall be taken within 15 days from notice of the decision, order of resolution > If no appeal is filed within said period, the decision, order or resolution shall become final and may be executed as provided by existing law. NO ALTERATION OR AMENDMENT OF DECREE OF REGISTRATION IS PERMITTED EXCEPT UPON ORDER OF THE COURT > Otherwise, a decree of registration cannot be permanent if, for instance, the limits of the land therein registered may be changed or the amount of land so registered altered by a subsequent adjudication of said court based upon new evidence tending to show that the evidence introduced on the former hearing was incorrect

REMEDY WHERE DUPLICATE CERTIFICATE IS WITHHELD > In case the person in possession of the owners duplicate certificate refuses or fails to surrender the same to the RD so tha t any involuntary or voluntary instrument may be registered and a certificate issued, the party in interest may file a petition in court to compel the surrender of the same to the RD > The court after hearing may order the registered owner or any person withholding the duplicate certificate and direct the entry of a new certificate or memorandum upon such surrender > If the person withholding the certificate is not amenable to the process of the court, or if for any reason the certificate cannot be delivered, the court may order the annulment of said certificate and the issuance of a new certificate of title in lieu thereof > Such new certificate and all duplicates thereof shall contain a memorandum of the annulment of the outstanding duplicate PROCEEDINGS UNDER SECTION 112 OF THE LAND REGISTRATION ACT ARE SUMMARY IN NATURE > Case law stressed the summary character of the proceedings for the amendment or alterations of the certificates of title > Proceedings under Section 112 are summary in nature and relief can only be granted if there is unanimity among the parties, or there is no adverse claim or serious objection on the part of any party in interest; otherwise, the case becomes contentious and controversial which should be threshed out in an ordinary action or in any case where the incident properly belongs (Fojas v. Grey) Any registered owner of land or other party in interest may, on certain grounds, apply by petition to the cadastral court for a new certificate or entry or cancellation or memorandum thereon, but such relief can only be granted if there is no adverse claim or serious objection on the part of any party in interest; otherwise, the case becomes controversial and should be threshed out in an ordinary case or in the case where the incident properly belongs (Abella v. Rodriguez) > Although exceptions are admitted in rare cases, these are not based alone on the fact that land registration courts are likewise the same CFI but also on the following premises o Mutual consent of the parties or their acquiescence in submitting the issues for determination by the court in the registration proceedings o Full opportunity to the parties in the presentation of their respective sides of the issues and evidence in support thereto o Consideration by the court that the evidence already of record is sufficient and adequate for rendering a decision upon those issues WHEN TO FILE PETITION FOR AMENDMENT OR ALTERATION OF CERTIFICATE 1. Whether vested, contingent, expectant or inchoate appearing on the certificate, have terminated and ceased; or 2. That new interest not appearing upon the certificate have arisen or been created; or 3. That an omission or error was made in entering a certificate or any memorandum thereon, or, on any duplicate certificate; or 4. That the same or any person on the certificate has been changed; or 5. That the registered owner has married, or, 6. If registered as married, that the marriage has been terminated and no right or interests of heirs or creditors will thereby be affected; or 7. That a corporation which owned registered land and has been dissolved has not convened the same within three years after its dissolution; or upon any other reasonable ground; WHERE TO FILE PETITIONS OR MOTIONS AFTER ORIGINAL REGISTRATION > All petitions or motions after original registration shall be filed and entitled in the original case in which the decree of registration was entered > This provision doesnt require that it be under oath > Provision was adopted with an intelligent purpose in viewto allow such petitions and motions to be filed and disposed of elsewhere would eventually lead to confusion and render it difficult to trace the origin of the entries in the registry REMEDY WHERE DUPLICATE CERTIFICATE IS WITHHELD > In case the person in possession of the owners duplicate certificate refuses or fails to surrender the same to the RD so t hat any involuntary or voluntary instrument may be registered and a certificate issued, the party in interest may file a petition in court to compel the surrender of the same to the RD > The court after hearing may order the registered owner or any person withholding the duplicate certificate and direct the entry of a new certificate or memorandum upon such surrender > If the person withholding the certificate is not amenable to the process of the court, or if for any reason the certificate cannot be delivered, the court may order the annulment of said certificate and the issuance of a new certificate of title in lieu thereof > Such new certificate and all duplicates thereof shall contain a memorandum of the annulment of the outstanding duplicate MODES OF ACQUISITION OF AGRICULTURAL LAND

1. Operation land transfermechanism established for the implementation of PD27 2. Voluntary offer to sellscheme whereby the landowners voluntarily offer their agricultural lands for coverage regardless of phasing 3. Voluntary land transfer/direct payment schemelandowner and the beneficiary enter into a voluntary agreement for the direct transfer of lands to the latter 4. Compulsory acquisitionwhereby the land is expropriated by the State (Section 16 of RA 6657) 5. Voluntary stock distribution in the case of corporate farms alternative arrangement for the physical distribution of lands wherein corporate owners voluntarily divest a portion of their capital stock, equity or participation in favor of their workers or other qualified beneficiaries ACQUISITION OF PRIVATE AGRICULTURAL LANDS; PAYMENT OF JUST COMPENSATION 1. The land must be privately-owned and found suitable for agriculture 2. There are beneficiaries willing to take over the ownership of the land and make it more productive 3. The landowner is paid just compensation or deposit cash or LBP bonds is made in his name if the value is contested 4. Title to the land is transferred in the name of the RP EFFECT OF VOID CONVEYANCE > Where the parties to a sale of a portion of the public domain covered by homestead patent have been proven to be guilty of having effected the transaction with knowledge of the cause of its invalidity, the sale is null and void and shall cause the reversion of the property to the State RULE OF PARI DELICTO NOT APPLICABLE > The principle of in pari delicto is not applicable to cases when its application would run counter to the an avowed public fundamental policy or to public interest > Whether as a result of the void sale the land reverted to the State is a point between the State and the grantee of the homestead and his heirs. In any event, the plaintiffs right to the possession and use of the property can hardly be disputed while the government doesnt take steps to assert its title to the homestead. > Reversion isnt automatic. As long as the government has not chosen to act, the rights of the patentee stand and must be re cognized in the courts of law. REPURCHASE OF LAND BY APPLICANT OR HIS HEIRS > Sanctioned by Section 119 of the Public Land Act > The right to repurchase attaches to every alienation and encumbrance, and that right can be exercised even in the absence of any stipulation in the deed of sale > To give the homesteader or patentee every chance to preserve for himself and his family the land that the state had gratuitously given to him as a reward for his labor in cleaning and cultivating it > The five-year period starts from the date of execution of the deed of sale, and not from the date of registration in the office of the Register of Deeds. This is true even if the full payment of the purchase price is not made on the date of conveyance unless there is stipulation to the contrary. A HOMESTEAD IS EXEMPT FROM CARP COVERAGE RULE WHEN HOMESTEAD IS SUBJECT OF MORTGAGE > The five-year period begins from the date when the deed of absolute sale is executed and the property is formally transferred to the purchaser Repurchase may be barred by laches PROHIBITION AGAINST ALIENATION OF LANDS ACQUIRED UNDER THE HOMESTEAD AND FREE PATENT PROVISIONS > Section 116. Except in favor of the Government or any of its branches, units or institutions, or legally constituted banking corporations, lands acquired under the free patent or homestead provisions shall not be subject to encumbrance or alienation from the date of the approval of the application and for a term of five years from and after the date of issuance of the patent or grant, nor shall they become liable to the satisfaction of any debt contracted prior to the expiration of said period; but the improvements or crops on the land may be mortgaged or pledged to qualified persons, associations, or corporations. (As amended by section 23 of Act No. 3517). > Section 119. Except with the consent of the grantee and the approval of the Secretary of Agriculture and Natural Resources, and solely for commercial, industrial, educational, religious or charitable purposes or for a right of way, no corporation, association, or partnership, may acquire or have any right, title, interest, or property right whatsoever to any land granted under the free patent, homestead or individual sale provisions of this Act or to any permanent improvement on such land. (As amended by section 24 of Act. No. 3517). > Section 120. No land originally acquired in any manner under the provisions of this Act, nor any permanent improvement on such land, shall be encumbered, alienated, or transferred, except to persons, corporations, associations, or partnerships who may acquire lands of the public domain under this Act; to corporations organized in the Philippine Islands authorized therefor by their charters, and upon express authorization by the Philippine Legislature, to citizens of countries the laws of which grant to citizens of the Philippine Islands the same right to acquire, hold, lease, encumber, dispose of, or alienate land, or permanent improvements thereon, or any interest therein, as to their own citizens, only in the manner and to the extent specified in such laws, and while the same are in force, but not thereafter.

> Section 122. Any acquisition, conveyance, alienation, transfer, or other contract made or executed in violation of any of the provisions of sections one hundred and sixteen, one hundred and eighteen, one hundred nineteen, one hundred and twenty, and one hundred and twentyone of this act shall be unlawful and null and void from its execution and shall produce the effect of annulling and canceling the grant, title, patent, or permit originally issued, recognized, or confirmed, actually or presumptively, and cause the reversion of the property and its improvements to the Government. > Section 122(A). The provisions of sections twenty three, twenty four, thirty four, fifty seven, one hundred and twenty, and one hundred and twenty-one of this Act, and any other provisions or provisions restricting or tending to restrict the right of persons, corporations, or associations to acquire, hold, lease, encumber, dispose of, or alienate land in the Philippines, or permanent improvements thereon, or any interest therein, shall not be applied in cases in which the right to acquire, hold or dispose of such land, permanent improvements thereon or interests therein in the Philippine Islands is recognized by existing treaties in favor of citizens or subjects of foreign nations and corporations or associations organized and constituted by the same, which right in so far as it exists under such treatise, shall continue and subsist in the manner and to the extent stipulated in said treaties, and only while these are in force, but not thereafter. PROHIBITION STARTS FROM DATE OF APPROVAL UP TO 5TH YEAR FROM ISSUANCE OF PATENT POLICY OF THE LAW > To conserve the land which a grantee has acquired under the Public Land Act for him and his heirs > To give the patentee a place where to live with his family so he may become a happy citizen and useful member of the society APPROVAL OF SECRETARY MERELY DIRECTORY > Its absence doesnt invalidate any alienation, transfer or conveyance of the homestead after 5 years and before the 25 - year period COURTS HAVE JURISDICTION OVER POSSESSORY ACTIONS INVOLVING PUBLIC LANDS > Even pending the investigation of, and resolution on, an application by a bona fide occupant, by the priority of his application and record of his duty, he acquires a right to the possession of the public land he applied for against any other public land applicant, which right may be protected by the possessory action of forcible entry or by any other suitable remedy that our rules provide > The grant of power and duty to alienate and dispose of the land doesnt divest the courts of their duty or power to take cognizance of actions instituted by settlers or occupants or applicants against others to protect their respective possessions and occupations, more especially the actions of trespass, forcible entry and unlawful detainer GOVERNMENT MAY INITIATE ACTION FOR CANCELLATION OF TITLE AND REVERSION > Section 101 of Public Land Act provides for a remedy whereby lands of the public domain fraudulently awarded to the applicant may be recovered or reverted back to its original owner, the government > Office of Solicitor General shall represent the government in all land registration and related proceedings and institute actions for the reversion to the government of lands of the public domain and improvements thereon as well as lands held in violation of the Constitution > It is improper for the government to file an action for reversion of land titled to defendant pursuant to a free patent where the alleged fraud consists in the fact that said land, at the time of issuance of the free patent was no longer a part of the public domain, having been adjudicated as private property of another person in a previous registration case > An action for reversion on the ground that defendant obtained patent through fraud would also fail where the land had successively been sold by the heirs of the patentee to third parties who are holding Torrens titles and enjoying the presumption of good faith > Private parties cannot challenge the validity of the patent and title when they are not registered owners thereof nor had they been declared the owners as owners in the cadastral proceedings whether the grant was in conformity with the law or not is a question which the government may raise, but until it is raised by the government and set aside, the defendant cannot question it. The legality of the grant is a question between the grantee and the government. PRIVATE PARTY CANNOT BRING ACTION FOR REVERSION > If there has been any fraud or misrepresentation in obtaining the title, an action for reversion instituted by the Solicitor General would be the proper remedy ACTION FOR REVERSION NOT BARRED BY PRESCRIPTION > Statute of limitations doesnt run against the State ACTION FOR CANCELLATION OF TITLE > Proper when a private party claims ownership of the land as private property by virtue of a long period of possession and hence, no longer deemed a part of the public domain which could be disposed of under the provisions of the Public Land Act, or when the land is already covered by a previously issued certificate of title DIRECTOR OF LANDS HAS CONTINUING AUTHORITY TO INVESTIGATE FRAUDULENT ISSUANCE OF PATENTS

> It is not only the right but also the duty of the Director of Lands to conduct the investigation of any alleged fraud in securing the free patent and the corresponding title to a public land and to file the corresponding court action for the reversion of the same to the State, if the facts disclosed in the course of such investigation should so warrant > The indefeasibility of title over land previously public is not a bar to an investigation by the Director of Lands as to how such title has been acquired, if the purpose of such investigation is to determine whether or not fraud had been committed in securing such title in order that that the appropriate action for reversion may be filed by the government CERTIFICATE OF TITLE ISSUED PURSUANT TO A PATENT INDEFEASIBLE > Once the patent is registered and the corresponding certificate of title is issued, the land ceases to be part of the public domain and becomes private property over which the Director of Lands has neither control nor jurisdiction > Partakes of a nature of a certificate of title issued through judicial proceeding > It has in its favor the presumption of regularity > It becomes incontrovertible upon the expiration of 1 year from the date of the order for issuance of the patent, hence, prescription cannot operate against the registered owner TITLE NOT DEFEATED BY ADVERSE POSSESSION SUBMERGED AREAS, AND RECLAIMED LANDS > A foreshore land is that strip off land that lies between the high and low water marks and that is alternatively wet and dry according to the flow of the tide > Inalienable unless converted by law into Alienable and Disposable lands of the public domain REGISTRATION OF PATENT IS THE OPERATIVE ACT TO CONVEY THE LAND FRIAR LANDS > Were purchased by the government for sale to actual occupants under the provisions of Act 1120 or the Friar Lands Act > These lands are not public lands but private and patrimonial lands of the government > The Land Management Bureau shall first issue a certificate stating therein that the government has agreed to sell the land to such settler or occupant > The latter shall then accept the certificate and agree to pay the purchase price so fixed, in installments and at the rate of interest specified in the certificate > The conveyance or certificate of sale executed in favor of a buyer is a conveyance of ownership of the property, subject only to the resolutory condition that the sale may be cancelled if the price agreed upon is not paid in full OWNERSHIP TRANSFERRED TO BUYER UPON EXECUTION OF CERTIFICATE OF SALE SALE OF FRIAR LANDS DIFFERENT FROM SALE OF PUBLIC LANDS SPECIAL PATENTS > Patent to grant, cede, and convey full ownership of alienable and disposable lands formerly covered by a reservation of lands of the public domain and is issued upon the promulgation of a special law or act of Congress or by the DENR Secretary as authorized by the President RESERVATIONS OF LAND FOR PUBLIC AND SEMI-PUBLIC PURPOSES > Chapter 12 of Public Land Act > Upon the recommendation of the Secretary of DENR, the President may designate by proclamation any tract/s of land of the public domain as reservations for the use of the RP or any of its branches, or of the inhabitants thereof, in accordance with the regulations prescribed for this purpose, or for quasi-public uses or purposes when the public interest requires it > A certified copy of this proclamation shall be forwarded to the Register of Deeds of the province or city where the land lies > Upon receipt of such copy, the Director of Lands shall order the immediate survey of the proposed reservation if the land has not been yet surveyed, and as soon as the plat has been completed, he shall proce3ed in accordance with the next following section > The tract/s reserved shall be non-alienablen and shall not be subject to any occupation, entry, sale, lease, or other disposition until again declared as alienable and disposable