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LAND REISTRATION ATHORITY Funtions of the authority 1.

Extend speedy and effective assistance to DAR, Land Bank and other agencies in the implementation of the land reform program 2. Extend assistance tocourts in ordinary and cad astral land Regis proceedings 3. Be the central repository of records reIative to original registration of lands Ted under the torrens system Functions of the administrator 1. Issue decrees of registration pursuant t final judgments of the courts in land registration proceedings and cause the issuance by he Rd of the corresponding certificates of title; 2. Exercise supervision and control over all RD and other personnel of the Commission; 3. Resolve caes elevated en consulta by, or on appal from the decision of, RD; 4. Exercise executive supervision over all leeks of court and personnel of the CFI throughtout the Philppines with respect to the dischargeoftheir duties and functions in relation to the registration of lands; 5. Implement all orders, decisions, and decrees promulgated relative to the registration of lands and issue, subject to the approval of the Secretaryf Justice, all needful rules and regulations therefor; 6. Verify and approve subdivision, consolidation, and consolidation- subdivision survey plans of properties titled under Act No. 496 except those covered by PD No. 957 Duty of LRA Admnistrator to issue Decree of Registration - plainy executive and subject to the Pres power of supervision and control - can be investigated and removed ONLY BY THE PRESIDENT, not the SC - duty to issue decree is purely ministerial -they act under the orders of the court and the decree must be n conformity with the decision of he court and with the data found n the record Doubt upon any point in elation to the preparation and issuance of the decree -----> DUTY TO REFRTHE MATTER TO THE COURT (acting as officials of the court, not as domain officials) Exception to the ministerial duty: when they find that such would result to DOUBLE TITLING of the sme parcel of land -cannot be compelled by mandamus where: there's existing TCT covering the subject land and there are reasons to question the rights of hose requesting fr the issuance The Register of Deeds - one for each province or city - each RDs. Shall keep primary entry book where all instruments including copies of writs and processes relating to registered land shall be entered n the order of the filing. They shall be regarded as registered for the time so noted registration - the entry of instruments or deeds in a book or public registry

Effect of Registration: NOTICE TO THE WHOLE WORLD Sec. 51 of PD No. 1529 : no deed, mortagage, lease or other voluntary instrument - except a will - purporting to convey or affect registered land shall take effect as a conveyance or bind the land until its registration But such shall operate only as a contract between the parties and as evidence of authority to the RD to make registration. The actor registration shallbe the operative act to convey or affect the land insofar as third persons are concerned, and in all cases under his Decree,he registration shall be made in the office of RD for the province or cyt where the land lies, Sec. 52: every conveyance, mortagage, lease, lien, attachment, order, judgment, instrument

or entry affecting registered land shall , if registered be file or entered in the Office of the RD of the provincial city where the land to which it relates lies,be constructive notice to all persons. The law gives priority to : 1. The first registration GF 2. Then, the first possessor in GF 3. Finally, the buyer who in GF presents he oldest title - does not apply when the property is not registered under the Torrens System - the first one who secures the Torrens title Between the two titles issued: the one which was first registered

Registration does not add validity to the instrument nor validate an otherwise void contract it is not an impediment to a declaration by he courts of its nvalidity To determine validity : Duty of the courts, not the RD. APPLICANTS IN ORDINARY REGISTRATION PROCEEDINGS 1. Those who by themselves or thought their predecessors- in-interest have been in OCEN possession and occupation of A & D lands of the public domain under a Bona fide calm of ownership sinc June 12, 1945, or earlier. Requisites: a. That thank applied for is an agricultural public LAN classified as A & D B. the application for registration is filed with the proper court c. That he applicant,by itself or thought his predecessors-in-interest, has been in OCEN possession and occupation thereof, under the Bona fide claim of ownership;-and D. That such possession and occupation has been effected since June 12, 1945, or earlier *the land must already be A & D at the time of the filing of the application Republic vs. Nuguit: section 14(1) of PRD merely requires the property sought to be registered. Already a & d at the time the application for registration of title is filed 1. Qualifying words restrict or modify Bly the words and phrases to which hey are immediately associated, and not those distantly or re,otelylocated 2.It would be absurd of otherwise is the niter predation since it would be that all land of public domain which weren't declared a and d beoe June 12, 1945 would not be susceptible to original registration,o matter the length of unchallenged possession by the occupant. This niter predation would render sec 14(1) virtually inoperative and precludes the govt from giving it effect 3.more reasonable nterpretation 4. Allows more possessor to obtain title The rule is different when the subject land is na- agricultural 2. Those who acquired ownership o private lands by prescription - public dominion another be acquired by prescription no matter how long possession is - refers to Civil Code as a basis for registration Art. 1113 of NCC It is clear that where the lands of the public domain arepatrimonial and hence, private in character,they are susceptible to acquisitive prescription. Except: timber and mineral lands which are served by the consti. Patrimonial property - when there is a declaration by the government that these are a and d and o longer not ended for public use or public service. - prescription will run even if the possessions after June 12, 1945

Ordinary Acquisitive Prescription - 10 years in GF and with just title Extraordinary acquisitive Prescription - uninterrupted adverse possession for at least 30 years, regardless of GF or just tile 1. Express declaration by the State a. that the public dominion is nolongertended for ublic service or the development of the national wealth, or b. that the property has been converted ntopatrmonial 2. Such declaration must be in the form of law duly enacted by Congress or a Presidential Proclamation n cases where the President is sly authorized by law Prescription By prescription, one acquires ownership and ther real rights through the lapse of time in the manner and under the action laid down by law. All things which are within he commerce of men are susceptible of prescription, UNLESS OTHERWISE PROVIDED GF of Possessor Consist the reasonable belief that the person from whom he received the thin was the owner thereof, and could not transmit his ownership. Just title When the adverse claimant came not possession of the property through oneofthe modes recognized by law for the acquisition of ownership or other real rights,but the grantor as it the owneror could to transmit any right. Concept of Possession Actual possession - consists inthe manifestation of acts of dominin overit of such a nature as party would naturally exercise over his own property 1.GR: possession and cultivation of a portion of a tract under claim of ownership of all is constructive possession of all if he remainder is to n the adverse possession of another 2.Possession must be that of owner 3. Must be public, peaceful and uninterrupted Acts of possessory character done b virtue of a license or mere tolerance on the part of the real owner are to sufficient Computation: by taking the claimant's possession to that of the grantor or predecessor-ininterest Presumption: present possessor who was also the possessor at a previous time has continued to be n possession during the intervening time, unless there is aproof to the contrary Prescription v. Laches 1. Concerning P: fact of delay L: effect of delay 2. P: a matter of time L: principally a question of inequity of permitting claim the enforced, tis inequity being founded on some change in the condition of the property or the relation of the parties 3. WON staturtory P: yes L: not

4. Application L: applies in equity P: applies atlas 5. WON based on a fixed time P: yes L: not

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