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AttyYekkyNotes

Land Titles and deeds 2nd Exam

LAND TITLES AND DEEDS SECOND EXAM COVERAGE

determine, by law, the size of lands of the public domain


which may be acquired, developed, held, or leased and the
conditions therefor.

APPLICANTS FOR ORIGINAL LAND REGISTRATION


Lands of the Public Domain; Constitutional Provisions:
Section 2- on Regalian Doctrine and IPRA. With the exception of
agricultural lands, all other types of land cannot be alienated; only
agricultural lands are susceptible of private appropriation.
Section 2.All lands of the public domain, waters, minerals,
coal, petroleum, and other mineral oils, all forces of
potential energy, fisheries, forests or timber, wildlife, flora
and fauna, and other natural resources are owned by the
State. With the exception of agricultural lands, all other
natural resources shall not be alienated. The exploration,
development, and utilization of natural resources shall be
under the full control and supervision of the State. The
State may directly undertake such activities, or it may
enter into co-production, joint venture, or productionsharing agreements with Filipino citizens, or corporations
or associations at least sixty per centum of whose capital is
owned by such citizens. Such agreements may be for a
period not exceeding twenty-five years, renewable for not
more than twenty-five years, and under such terms and
conditions as may be provided by law. In cases of water
rights for irrigation, water supply fisheries, or industrial
uses other than the development of water power,
beneficial use may be the measure and limit of the grant.
practically, apart from other natural resources of the state, agri
lands are declared by constitutional fiat as alienable and disposable)
The State shall protect the nation's marine wealth in its archipelagic
waters, territorial sea, and exclusive economic zone, and reserve its
use and enjoyment exclusively to Filipino citizens.
The Congress may, by law, allow small-scale
utilization of natural resources by Filipino citizens, as well
as cooperative fish farming, with priority to subsistence
fishermen and fish- workers in rivers, lakes, bays, and
lagoons.
The President may enter into agreements with
foreign-owned corporations involving either technical or
financial assistance for large-scale exploration,
development, and utilization of minerals, petroleum, and
other mineral oils according to the general terms and
conditions provided by law, based on real contributions to
the economic growth and general welfare of the country.
In such agreements, the State shall promote the
development and use of local scientific and technical
resources.
The President shall notify the Congress of every
contract entered into in accordance with this provision,
within thirty days from its execution.
SECTION 3: CLASSIFIFICATION.
Section 3.Lands of the public domain are
classified into agricultural, forest or timber, mineral lands
and national parks. Agricultural lands of the public domain
may be further classified by law according to the uses to
which they may be devoted. Alienable lands of the public
domain shall be limited to agricultural lands. Private
corporations or associations may not hold such alienable
lands of the public domain except by lease, for a period not
exceeding twenty-five years, renewable for not more than
twenty-five years, and not to exceed one thousand
hectares in area. Citizens of the Philippines may lease not
more than five hundred hectares, or acquire not more than
twelve hectares thereof, by purchase, homestead, or grant.
Taking into account the requirements of
conservation, ecology, and development, and subject to
the requirements of agrarian reform, the Congress shall

Manresa 2012-2013

In the light of these constitutional provisions, what would be the


limitations imposed upon persons and corporations if they wish to
acquire agricultural lands and private lands?
1.

ACQUISITION OF LANDS of the PUBLIC DOMAIN

a.

For forest lands, mineral and national parks:


Neither a Filipino citizen nor a corporation may acquire

b.

With respect to alienable/disposable agricultural lands,


only 2 classes of persons may acquire:
As a rule, only Filipino citizens. (Filipino corporations
cannot apply but can LEASE)

2.
a.
b.

ACQUISITION OF PRIVATE LANDS


Filipino citizens
corporations or partnerships with least 60% of the shares
are owned by Filipinos are entitled to acquire land in the
Philippines.

Is there a constitutional provision on alienation of private lands?


Section 7. Save in cases of hereditary succession,
no private lands shall be transferred or conveyed except to
individuals, corporations, or associations qualified to
acquire or hold lands of the public domain.
The proposition of Section 7 is that the law subordinates the ability
of person/corporation to acquire private lands in its own ability to
acquire lands of the public domain. SoIfyou are not allowed to
acquire lands of PD, you are also not allowed to acquire private
landslands susceptible of private appropriation, or previously
appropriated by a private individual. From the moment land is
declared as A/D and subsequently alienated, that land which is also
alienable is now in itself private land and no longer land of the public
domain. This means simply that if you cannot acquire, land of PD,
you also cannot acquire Private lands. The capacity to acquire
private land is dependent on capacity to acquire/hold lands of the
public Domain. PL may only be transferred or acquired only to
persons or entitieswho are qualified to acquire lands of the PD
under Article 12 of the constitution. The 1987 constitution reserves
the right to participate in the EDD and U of lands of the public
domain to Filipino citizens or corporations to Filipino citizens or
associations at least sixty per centum of whose capital is owned by
such citizens. Aliens therefore, be it individuals or corporations,
therefore have been disqualified from acquiring public lands. Hence,
aliens whether individuals or corps have also been disqualified from
acquiring private lands.
Who are citizens of the Philippines?
Section 1. The following are citizens of the Philippines:
[1] Those who are citizens of the Philippines at the time of
the adoption of this Constitution;
[2] Those whose fathers or mothers are citizens of the
Philippines;
[3] Those born before January 17, 1973, of Filipino
mothers, who elect Philippine citizenship upon reaching the
age of majority; and
[4] Those who are naturalized in accordance with law.
TYPES OF APPLICANTS
2 general classes of Filipinos: natural born and naturalized?
Importance:
1. know who are citizens of the Philippinesdetermine law
applicable CA 141 or PD 1529.
2. Natural born v. naturalized, in terms of ability to acquire
lands of the public domain or private lands in the
Philippines.

AttyYekkyNotes

Land Titles and deeds 2nd Exam

Manresa 2012-2013

th

SIGNIFICANCE OF DISTINCTION
Are there instances allowed by law where a foreigner or non-Filipnio
Citizen where they are allowed to acquire lands in the Philippines?
YES. IN the same section 7save in cases of HEREDITARY
SUCCESSION. A non-filipino may be a transferee of public
lands if he is such by virtue of hereditary succession.
Problem: A is a Filipino citizen and he has lands in the pHils. Before
he died, he executed a will w/c provides that he included a devise. He
devised certain properties that he owns to X who is an American
citizen. It seems therefore, that that would fall within the exception
as that would fall under exception?
NO. we are talking about hereditary and NOT testate
succession.
When the consti speaks of hereditary succession, it only refers to
LEGAL OR INTESTATE SUCCESSION. For in testate successionthere
is testation by means of will where he names beneficiaries of his
estate, etc. it is not even required that his beneficiaries are his
relatives for so long as it does not impair the legitime of his
compulsory heirs. (Spouse, children or their parents) if the legitime
is affected, the bequest can be declared inofficious and should be
reduced accordingly. If you allow testate succession to be covered, it
would be very easy to circumvent the prohibition for aliens to
acquire lands in the Philippines by just simply including them in the
will.
HEREDITARY SUCCESSION--On legal or intestate successionone
where there was no will written. The division of the property will be
followed by civil code of the family code.
Can there be legal succession despite the fact that there was a will?
YES. If the will is invalidated subsequently for some specific reasons.
What if the deceased Filipino had a child who is not a Filipino citizen,
he made a last will and testament and he included therein devise for
that child?ALLOWED.Because the children, apart from being a
voluntary heir is also a compulsory heir.
nd

2 exception:
Suppose I am Joseph Estrada, and then I changed by citizenship. Can
I acquire lands of the public domain? Private lands in the Philippines?
Next thing you need to ask, is he natural-born? YES. Coz he is the
past president of the Philippines. But he is no longer a Filipino citizen,
can he be allowed?
YES. Article 12, Section 8. Notwithstanding the provisions
of Section 7 of this Article, a natural-born citizen of the Philippines
who has lost his Philippine citizenship may be a transferee of private
lands, subject to limitations provided by law.
BP 185also allows formal natural born Filipinos to acquire.
rd

3 exception:
acquisition by a dual citizen under RA 9225. Under the said
law, the Consti declares that dual citizenships or dual allegiance
(propert term) is inimical to public interest and should be dealth
with by law.
Contradiction of terms: RA 9225 (Dual Citizenship Act of 2007)..this
law provides that if you are a former natural-born, you may apply
for dual citizenship and in so doing, for all intents and purposes, you
revert back to your old status. Therefore, if you are merely a formal
natural born and you lost citizenship, there are limiations. If you are
a dual citizen, these limiatiaons will no longer apply. If that is dual
allegiance. We are actually sanctioning duall allegiance! How does
the law deal with it? It gives dual citizens equal status with Fiulipino
citizens!
th

4 exception
Aliens who acquire properties before the effectivity of
the 1935 Constitution.

5 exception:
Purchase of not more than 40% interest as a whole in a
condominium project. If you want to say that you own
proportionately the lands, then it is a circumvention but an
allowable exception.
th

6 exception:
lands acquired by americans prior to July 4, 1946. Why?
Prior to this period, Americans governed the Philippines and in so
doing, they allowed themselves to acquire property. Vested right is
respected.
th

7 exception:
PRESIDENTIAL DECREE No. 713 May 27, 1975
Allowing americans who were formerly filipino citizens, americans
who became permanent residents of the philippines, and americans
who have resided in the philippines continuously for at least twenty
years and who in good faith had acquired private residentiallands for
family dwelling purposes in the philippines prior tojuly 3, 1974to
continue holding such lands and transfer ownership over the same
to qualified persons or entities
OTHERWISE STATED, Lands acquired by Americans before July 3,
1974, provided the ff. requisites are present:
1. They are formerly Filipino citizens or one who had
continuously resided in the phils for more than 20yrs
or have become permanent residents and had
acquired private residential lands not exceeding five
thousand (5,000) square meters for a family dwelling
before the expiration of the Philippine-United States
Trade Agreement on midnight July 3, 1974
Under the Parity Amendment, the Americans were given
equal opportunities by the then President marcos.
STATUS OF FORMAL NATURAL BORN CITIZENS AND THEIR ABILITY
TO ACQUIRE
Qualifications of Former Filipinos
Both laws (BP 185 and RA 7049) define former Filipinos as citizens
of the Philippines from birth without having to perform any act to
acquire or perfect their Philippine citizenship, who lost said
Philippine citizenship, and who have the legal capacity to enter into
a contract under Philippine laws.
BATAS PAMBANSA BILANG 185
AN ACT TO IMPLEMENT SECTION FIFTEEN OF ARTICLE XIV OF THE
CONSTITUTION AND FOR OTHER PURPOSES.
Section 1. In implementation of Section fifteen of Article XIV of the
Constitution, a natural-born citizen of the Philippines who has lost
his Philippine citizenship may be a transferee of private land, for use
by him as his residence, subject to the provisions of this Act.
Section 2.Any natural-born citizen of the Philippines who has lost his
Philippine citizenship and who has the legal capacity to enter into a
contract under Philippine laws may be a transferee of a private land
up to a maximum area of one thousand square meters, in the case of
urban land, or one hectare in the case of rural land, to be used by
him as his residence. In the case of married couples, one of them
may avail of the privilege herein granted; Provided, That if both shall
avail of the same, the total area acquired shall not exceed the
maximum herein fixed.
In case the transferee already owns urban or rural lands for
residential purposes, he shall still be entitled to be a transferee of
additional urban or rural lands for residential purposes which, when
added to those already owned by him, shall not exceed the
maximum areas herein authorized.
Section 3. A transferee under this Act may acquire not more than
two lots which should be situated in different municipalities or cities
anywhere in the Philippines; Provided, That the total area thereof
shall not exceed one thousand square meters in the case of urban
lands or one hectare in the case of rural lands for use by him as
urban land shall be disqualified from acquiring rural land, and vice
versa.
Section 4. As used in this Act - (a) A natural-born citizen is one who
is a citizen of the Philippines from birth without having to perform
any act to acquire or perfect his Philippine citizenship.

AttyYekkyNotes

Land Titles and deeds 2nd Exam

(b) Urban areas shall include:


(1) In their entirety, all municipal jurisdictions which,
whether designated as chartered cities, provincial capitals
or not, have a population density of at least 1,000 persons
per square kilometer;
(2) Poblaciones or central districts of municipalities and
cities which have a population density of at least 500
persons per square kilometer;
(3) Poblaciones or central districts (not included in 1 and 2)
regardless of population size which have the following:
(a) Street pattern, i.e., network of streets in
either at parallel or right angle orientation;
(b) At least six establishments (commercial,
manufacturing, recreational and/or personal
services); and
(c) At least three of the following:
1. A town hall, church or chapel with
religious services at least once a
month;
2. A public plaza, park or cemetery;
3. A market place or building where
trading activities are carried on at least
once a week; and
4. A public building like a school,
hospital, puericulture and health
center or library.
(4) Barangays having at least 1,000 inhabitants
which meet the conditions set forth in subparagraph (3) of paragraph (b) above, and in
which the occupation of the inhabitants is
predominantly other than farming or fishing.
(5) All other areas of the Philippines which do
not meet the conditions in the preceding
definition of urban areas shall be considered as
rural areas.
Section 5. Transfer as a mode of acquisition of private land under
this Act refers to either voluntary or involuntary sale, devise or
donation. Involuntary sales shall include sales on tax delinquency,
foreclosures and executions of judgment.
Section 6. In addition to the requirements provided for in other laws
for the registration of titles to lands, no private land shall be
transferred under this Act, unless the transferee shall submit to the
register of deeds of the province or city where the property is
located a sworn statement showing the date and place of his birth;
the names and addresses of his parents, of his spouse and children,
if any; the area, the location and the mode of acquisition of his landholdings in the Philippines, if any; his intention to reside
permanently in the Philippines; the date he lost his Philippine
citizenship and the country of which he is presently a citizen; and
such other information as may be required Section 8 of this Act.
Section 7. The transferee shall not use the lands acquired under this
Act for any purpose other than for his residence. Violations of this
Section, any misrepresentation in the sworn statement required
under Section 6 hereof, any acquisition through fraudulent means or
failure to reside permanently in the land acquired within two years
from the acquisition thereof, except when such failure is caused by
force majeure, shall, in addition to any liability under the Revised
Penal Code and deportation in appropriate cases, be penalized by
forfeiture of such lands and their improvements to the National
Government. For this purpose the Solicitor General or his
representative shall institute escheat proceedings.
Any transferee liable under this Section shall moreover be forever
barred from further availing of the privilege granted under this Act.
Section 8. The Minister of Justice shall issue such rules and
regulations as may be necessary to carry out the provisions of this
Act. Such rules and regulations shall take effect fifteen days
following its publication in a newspaper of general circulation in the
Philippines.
Section 9. If any part of this Act shall be declared unconstitutional,
the remaining provisions not thereby affected shall remain in full
force and effect.
Section 10. This Act shall take effect upon its approval.
Approved: March 16, 1982

Manresa 2012-2013

URBAN LANDland that is no longer for cultivation (i.e. Davao city,


no longer agricultural in classification. If that it is so, he may acquire
1000sq m for use as his residence.
If walay urban land available, pwede 1 has. Of rural land; lands not
yet developed. REMEMBER: pwede xa mukuha ug 1000sq.m if
residential in classifaction or 10,000sq m or 1hectare of agri land but
the purpose is purely RESIDENTIAL. (under BP 185; law requires that
eh property so acquired shall be used as his residence.
DISTINCTION BETWEEN NATURAL BORN, DUAL CITIZEN UNDER RA
9225 AND NATURAL BORN WHO LOST ITS CITIZENSHIP
NATURAL BORN

DUAL

You can acquire as


much
land
is
allowed
under
existing laws. Dili ka
limited sa 1K sq.m or
1 hecatre rural land

Same
advantages
with ctiizens of the
Philippines;
therefore
not
limited
to
the
exceptions
mentioned above.

NAT-BORN
AND
LOST CITIZENSHIP
1000sq urban land
and 1 hectare for
rural land

If the former nat-born citizen already owns rural/urban land ,pwede


ba pa mukuha dungag ug land under BP 185?
YES. For as long as ti does nto exceed these allowed
limitations (i.e. mu-excess ug 1K sqm or 1 hecatare)
If mag-asawa, born Filipino citizens, pwede ba mukuha ang both ug
1sqm.urban each?
NO. accdg to 185, the privilege given by the law for
acquisitiuiton of urban/rural lands apply jointly to spouses. For if
both spouses shall avail of the same, the maximum total area
acquired should nto exceed the maximum.
Can both spouses acquire 2 lots? If 400sq. m first, then palit ug
another 600sqm?
YES. Basta dili mulampas ug 1000sq.m.
If I want to buy more, 300sq, 400sq, then 300sq, 3 residential lots?
No. EVEN if allowed under 1Ksq m limiter, former nat born
citizen, cannot acquire more than two lots. When he acquires two
lots, it must be situated in different cities and municipalities.
if he has acquired urban land already, can he still acquire 1
ehactare rural?
No. FROM acquiring urban, you are disqualified from
acquiring rural and vice-versa. (pili lang ka kung unsa ang ganahan
nimu, 1 hectare rural or 1000sq urban)
Katong former nat-born citizen, kung ganahan mgnegosyo, pwede
mukuha ug pangnegosyo?
Yes. Under another law. Under RA 7242 as amended by RA
8179RA 7242(foreign investments act of 1991).
Republic Act No. 7042
June 13, 1991
AN ACT TO PROMOTE FOREIGN INVESTMENTS, PRESCRIBE THE
PROCEDURES FOR REGISTERING ENTERPRISES DOING BUSINESS IN
THE PHILIPPINES, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the
Philippines in Congress assembled::
Section 1. Title. - This Act shall be known as the, "Foreign
Investments Act of 1991".
Section 2. Declaration of Policy. - It is the policy of the State to
attract, promote and welcome productive investments from foreign
individuals, partnerships, corporations, and governments, including
their political subdivisions, in activities which significantly contribute
to national industrialization and socioeconomic development to the
extent that foreign investment is allowed in such activity by the
Constitution and relevant laws. Foreign investments shall be
encouraged in enterprises that significantly expand livelihood and
employment opportunities for Filipinos; enhance economic value of
farm products; promote the welfare of Filipino consumers; expand
the scope, quality and volume of exports and their access to foreign
markets; and/or transfer relevant technologies in agriculture,
industry and support services. Foreign investments shall be welcome

AttyYekkyNotes

Land Titles and deeds 2nd Exam

as a supplement to Filipino capital and technology in those


enterprises serving mainly the domestic market.
As a general rule, there are no restrictions on extent of foreign
ownership of export enterprises. In domestic market enterprises,
foreigners can invest as much as one hundred percent (100%) equity
except in areas included in the negative list. Foreign owned firms
catering mainly to the domestic market shall be encouraged to
undertake measures that will gradually increase Filipino
participation in their businesses by taking in Filipino partners,
electing Filipinos to the board of directors, implementing transfer of
technology to Filipinos, generating more employment for the
economy and enhancing skills of Filipino workers.
Section 3. Definitions. - As used in this Act:
a) The term "Philippine national" shall mean a citizen of
the Philippines or a domestic partnership or association
wholly owned by citizens of the Philippines; or a
corporation organized under the laws of the Philippines of
which at least sixty percent (60%) of the capital stock
outstanding and entitled to vote is owned and held by
citizens of the Philippines; or a trustee of funds for pension
or other employee retirement or separation benefits,
where the trustee is a Philippine national and at least sixty
(60%) of the fund will accrue to the benefit of the
Philippine nationals: Provided, That where a corporation
and its non-Filipino stockholders own stocks in a Securities
and Exchange Commission (SEC) registered enterprise, at
least sixty percent (60%) of the capital stocks outstanding
and entitled to vote of both corporations must be owned
and held by citizens of the Philippines and at least sixty
percent (60%) of the members of the Board of Directors of
both corporations must be citizens of the Philippines, in
order that the corporations shall be considered a
Philippine national;
b) The term "investment" shall mean equity participation
in any enterprise organized or existing under the laws of
the Philippines;
c) The term "foreign investment" shall mean as equity
investment made by a non-Philippine national in the form
of foreign exchange and/or other assets actually
transferred to the Philippines and duly registered with the
Central Bank which shall assess and appraise the value of
such assets other than foreign exchange;
d) The praise "doing business" shall include soliciting
orders, service contracts, opening offices, whether called
"liaison" offices or branches; appointing representatives or
distributors domiciled in the Philippines or who in any
calendar year stay in the country for a period or periods
totalling one hundred eighty (180) days or more;
participating in the management, supervision or control of
any domestic business, firm, entity or corporation in the
Philippines; and any other act or acts that imply a
continuity of commercial dealings or arrangements, and
contemplate to that extent the performance of acts or
works, or the exercise of some of the functions normally
incident to, and in progressive prosecution of, commercial
gain or of the purpose and object of the business
organization: Provided, however, That the phrase "doing
business: shall not be deemed to include mere investment
as a shareholder by a foreign entity in domestic
corporations duly registered to do business, and/or the
exercise of rights as such investor; nor having a nominee
director or officer to represent its interests in such
corporation; nor appointing a representative or distributor
domiciled in the Philippines which transacts business in its
own name and for its own account;
e) The term "export enterprise" shall mean an enterprise
which produces goods for sale, or renders services to the
domestic market entirely or if exporting a portion of its
output fails to consistently export at least sixty percent
(60%) thereof; and
g) The term "Foreign Investments Negative List" or
"Negative List" shall mean a list of areas of economic
activity whose foreign ownership is limited to a maximum
of forty ownership is limited to a maximum of forty
percent (40%) of the equity capital of the enterprise
engaged therein.

Manresa 2012-2013

Section 4. Scope. - This Act shall not apply to banking and other
financial institutions which are governed and regulated by the
General Banking Act and other laws under the supervision of the
Central Bank.
Section 5. Registration of Investments of Non-Philippine Nationals.
- Without need of prior approval, a non-Philippine national, as that
term is defined in Section 3 a), and not otherwise disqualified by law
may upon registration with the Securities and Exchange Commission
(SEC), or with the Bureau of Trade Regulation and Consumer
Protection (BTRCP) of the Department of Trade and Industry in the
case of single proprietorships, do business as defined in Section 3 (d)
of this Act or invest in a domestic enterprise up to one hundred
percent (100%) of its capital, unless participation of non-Philippine
nationals in the enterprise is prohibited or limited to a smaller
percentage by existing law and/or limited to a smaller percentage by
existing law and/or under the provisions of this Act. The SEC or
BTRCP, as the case may be, shall not impose any limitations on the
extent of foreign ownership in an enterprise additional to those
provided in this Act: Provided, however, That any enterprise seeking
to avail of incentives under the Omnibus Investment Code of 1987
must apply for registration with the Board of Investments (BOI),
which shall process such application for registration in accordance
with the criteria for evaluation prescribed in said Code: Provided,
finally, That a non-Philippine national intending to engage in the
same line of business as an existing joint venture in his application
for registration with SEC. During the transitory period as provided in
Section 15 hereof, SEC shall disallow registration of the applying
non-Philippine national if the existing joint venture enterprise,
particularly the Filipino partners therein, can reasonably prove they
are capable to make the investment needed for they are competing
applicant. Upon effectivity of this Act, SEC shall effect registration of
any enterprise applying under this Act within fifteen (15) days upon
submission of completed requirements.
Section 6. Foreign Investments in Export Enterprises. - Foreign
investment in export enterprises whose products and services do
not fall within Lists A and B of the Foreign Investment Negative List
provided under Section 8 hereof is allowed up to one hundred
percent (100%) ownership.
Export enterprises which are non-Philippine nationals shall register
with BOI and submit the reports that may be required to ensure
continuing compliance of the export enterprise with its export
requirement. BOI shall advise SEC or BTRCP, as the case may be, of
any export enterprise that fails to meet the export ratio
requirement. The SEC or BTRCP shall thereupon order the noncomplying export enterprise to reduce its sales to the domestic
market to not more than forty percent (40%) of its total production;
failure to comply with such SEC or BTRCP order, without justifiable
reason, shall subject the enterprise to cancellation of SEC or BTRCP
registration, and/or the penalties provided in Section 14 hereof.
Section 7. Foreign Investments in Domestic Market Enterprises. Non-Philippine nationals may own up to one hundred percent
(100%) of domestic market enterprises unless foreign ownership
therein is prohibited or limited by existing law or the Foreign
Investment Negative List under Section 8 hereof.
A domestic market enterprise may change its status to export
enterprise if over a three (3) year period it consistently exports in
each year thereof sixty per cent (60%) or more of its output.
Section 8. List of Investment Areas Reserved to Philippine Nationals
(Foreign Investment Negative List). - The Foreign Investment
Negative List shall have three (3) component lists: A, B, and C:
a) List A shall enumerate the areas of activities reserved to
Philippine nationals by mandate of the Constitution and
specific laws.
b) List B shall contain the areas of activities and
enterprises pursuant to law:
1) Which are defense-related activities, requiring
prior clearance and authorization from
Department of National Defense (DND) to
engage in such activity, such as the manufacture,
repair, storage and/or distribution of firearms,
ammunition, lethal weapons, military ordnance,
explosives, pyrotechnics and similar materials;
unless such manufacturing or repair activity is
specifically authorized, with a substantial export
component, to a non-Philippine national by the
Secretary of National Defense; or

AttyYekkyNotes

Land Titles and deeds 2nd Exam

2) Which have implications on public health and


morals, such as the manufacture and distribution
of dangerous drugs; all forms of gambling;
nightclubs, bars, beerhouses, dance halls; sauna
and steambath houses and massage clinics.
Small and medium-sized domestic market
enterprises with paid-in equity capital less than
the equivalent of five hundred thousand US
dollars (US$500,000) are reserved to Philippine
nationals, unless they involve advanced
technology as determined by the Department of
Science and Technology. Export enterprises
which utilize raw materials from depleting
natural resources, with paid-in equity capital of
less than the equivalent of five hundred
thousand US dollars (US$500,000) are likewise
reserved to Philippine nationals.
Amendments to List B may be made upon
recommendation of the Secretary of National Defense, or
the Secretary of Health, or the Secretary of Education,
Culture and Sports, indorsed by the NEDA, or upon
recommendation motu propio of NEDA, approved by the
President, and promulgated by Presidential Proclamation.
c) List C shall contain the areas of investment in which
existing enterprises already serve adequately the needs of
the economy and the consumer and do not require further
foreign investments, as determined by NEDA applying the
criteria provided in Section 9 of this Act, approved by the
President and promulgated in a Presidential Proclamation.
The Transitory Foreign Investment Negative List
established in Sec. 15 hereof shall be replaced at the end
of the transitory period by the first Regular Negative List to
the formulated and recommended by the NEDA, following
the process and criteria provided in Section 8 and 9 of this
Act. The first Regular Negative List shall be published not
later than sixty (60) days before the end of the transitory
period provided in said section, and shall become
immediately effective at the end of the transitory period.
Subsequent Foreign Investment Negative Lists shall
become effective fifteen (15) days after publication in two
(2) newspapers of general circulation in the Philippines:
Provided, however, That each Foreign Investment
Negative List shall be prospective in operation and shall in
no way affect foreign investments existing on the date of
its publication.
Amendments to List B and C after promulgation and
publication of the first Regular Foreign Investment
Negative List at the end of the transitory period shall not
be made more often than once every two (2) years.
Section 9. Determination of Areas of Investment for Inclusion in List
C of the Foreign Investment Negative List. - Upon petition by a
Philippine national engage therein, an area of investment may be
recommended by NEDA for inclusion in List C of the Foreign
Investment Negative List upon determining that it complies with all
the following criteria:
a) The industry is controlled by firms owned at least sixty
percent (60%) by Filipinos;
b) Industry capacity is ample to meet domestic demand;
c) Sufficient competition exists within the industry;
d) Industry products comply with Philippine standards of
health and safety or, in the absence of such, with
international standards, and are reasonably competitive in
quality with similar products in the same price range
imported into the country;
e) Quantitative restrictions are not applied on imports of
directly competing products;
f) The leading firms of the industry substantially comply
with environmental standards; and
g) The prices of industry products are reasonable.
The petition shall be subjected to a public hearing at which affected
parties will have the opportunity to show whether the petitioner
industry adequately serves the economy and the consumer, in
general, and meets the above stated criteria in particular. NEDA may
delegate evaluation of the petition and conduct of the public
hearing to any government agency having cognizance of the
petitioner industry. The delegated agency shall make its evaluation

Manresa 2012-2013

report and recommendations to NEDA which retains the right and


sole responsibility to determine whether to recommend to the
President to promulgate the area of investment in List C of the
Negative List. An industry or area of investment included in List C of
the Negative List by Presidential Proclamation shall remain in the
said List C for two (2) years, without prejudice to re-inclusion upon
new petition, and due process.
Section 10. Strategic Industries. - Within eighteen (18) months after
the effectivity of this Act, the NEDA Board shall formulate and
publish a list of industries strategic to the development of the
economy. The list shall specify, as a matter of policy and not as a
legal requirement, the desired equity participation by Government
and/or private Filipino investors in each strategic industry. Said list
of strategic industries, as well as the corresponding desired equity
participation of government and/or private Filipino investors, may
be amended by NEDA to reflect changes in economic needs and
policy directions of Government. The amended list of strategic
industries shall be published concurrently with publication of the
Foreign Investment Negative List.
The term "strategic industries" shall mean industries that are
characterized by all of the following:
a) Crucial to the accelerated industrialization of the
country,
b) Require massive capital investments to achieve
economies of scale for efficient operations;
c) Require highly specialized or advanced technology
which necessitates technology transfer and proven
production techniques in operations;
d) Characterized by strong backward and forward linkages
with most industries existing in the country, and
e) Generate substantial foreign exchange savings through
import substitution and collateral foreign exchange
earnings through export of part of the output that will
result with the establishment, expansion or development
of the industry.
Section 11. Compliance with Environmental Standards. - All
industrial enterprises regardless of nationality of ownership shall
comply with existing rules and regulations to protect and conserve
the environment and meet applicable environmental standards.
Section 12. Consistent Government Action. - No agency,
instrumentality or political subdivision of the Government shall take
any action on conflict with or which will nullify the provisions of this
Act, or any certificate or authority granted hereunder.
Section 13. Implementing Rules and Regulations. - NEDA, in
consultation with BOI, SEC and other government agencies
concerned, shall issue the rules and regulations to implement this
Act within one hundred and twenty (120) days after its effectivity. A
copy of such rules and regulations shall be furnished the Congress of
the Republic of the Philippines.
Section 14. Administrative Sanctions. - A person who violates any
provision of this Act or of the terms and conditions of registration or
of the rules and regulations issued pursuant thereto, or aids or abets
in any manner any violation shall be subject to a fine not exceeding
One hundred thousand pesos (P100,000).
If the offense is committed by a juridical entity, it shall be subject to
a fine in an amount not exceeding of 1% of total paid-in capital
but not more than Five million pesos (P5,000,000). The president
and/or officials responsible therefor shall also be subject to a fine
not exceeding Two hundred thousand pesos (P200,000).
In addition to the foregoing, any person, firm or juridical entity
involved shall be subject to forfeiture of all benefits granted under
this Act.
SEC shall have the power to impose administrative sanctions as
provided herein for any violation of this Act or its implementing
rules and regulations.
Section 15. Transitory Provisions. - Prior to effectivity of the
implementing rules and regulations of this Act, the provisions of
Book II of Executive Order 226 and its implementing rules and
regulations shall remain in force.
During the initial transitory period of thirty-six (36) months after
issuance of the Rules and Regulations to implement this Act, the
Transitory Foreign Investment Negative List shall consist of the
following:
A. List A:
1. All areas of investment in which foreign
ownership is limited by mandate of Constitution

AttyYekkyNotes

Land Titles and deeds 2nd Exam

and specific laws.


B. List B:
1. Manufacture, repair, storage and/or
distribution of firearms, ammunitions, lethal
weapons, military ordinance, explosives,
pyrotechnics and similar materials required by
law to be licensed by and under the continuing
regulation of the Department of National
Defense; unless such manufacturing or repair
activity is specifically authorized with a
substantial export component, to a nonPhilippine national by the Secretary of National
Defense;
2. Manufacture and distribution of dangerous
drugs; all forms of gambling; nightclubs, bars,
beerhouses, dance halls; sauna and steam
bathhouses, massage clinic and other like
activities regulated by law because of risks they
may pose to public health and morals;
3. Small and medium-size domestic market
enterprises with paid-in equity capital or less
than the equivalent of US$500,000, unless they
involve advanced technology as determined by
the Department of Science and Technology, and
4. Export enterprises which utilize raw materials
from depleting natural resources, and with paidin equity capital of less than the equivalent
US$500,000.
C. List C:
1. Import and wholesale activities not integrated
with production or manufacture of goods;
2. Services requiring a license or specific
authorization, and subject to continuing
regulations by national government agencies
other than BOI and SEC which at the time of
effectivity of this Act are restricted to Philippine
nationals by existing administrative regulations
and practice of the regulatory agencies
concerned: Provided, That after effectivity of this
Act, no other services shall be additionally
subjected to such restrictions on nationality of
ownership by the corresponding regulatory
agencies, and such restrictions once removed
shall not be reimposed; and
3. Enterprises owned in the majority by a foreign
licensor and/or its affiliates for the assembly,
processing or manufacture of goods for the
domestic market which are being produced by a
Philippine national as of the date of effectivity of
this Act under a technology, know-how and/or
brand name license from such licensor during
the term of the license agreement: Provided,
That, the license is duly registered with the
Central Bank and/or the Technology Transfer
Board and is operatively in force as of the date of
effectivity of this Act.
NEDA shall make the enumeration as appropriate of the areas of the
investment covered in this Transitory Foreign Investment Negative
List and publish the Negative List in full at the same time as, or prior
to, the publication of the rules and regulations to implement this
Act.
The areas of investment contained in List C above shall be reserved
to Philippine nationals only during the transitory period. The
inclusion of any of them in the regular Negative List will require
determination by NEDA after due public hearings that such inclusion
is warranted under the criteria set forth in Section 8 and 9 hereof.
Section 16. Repealing Clause. - Articles forty-four (44) to fifty-six
(56) of Book II of Executive Order No. 226 are hereby repealed.
All other laws or parts of laws inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.
Section 17. Separability. - If any part or section of this Act is
declared unconstitutional for any reason whatsoever, such
declaration shall not in any way affect the other parts or sections of
this Act.
Section 18. Effectivity. - This Act shall take effect fifteen (15) days
after approval and publication in two (2) newspaper of general

Manresa 2012-2013

circulation in the Philippines.


Approved: June 13, 1991

Republic Act No. 8179


AN ACT TO FURTHER LIBERALIZE FOREIGN INVESTMENTS,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7042, AND FOR
OTHER PURPOSES
SECTION 1. Section 3, paragraph (a), of Republic Act No. 7042,
otherwise known as the Foreign Investments Act of 1991, is
hereby amended to read as follows:
Section 3. Definitions. As used in this Act:
*a+ the term Philippine national shall mean a citizen of
the Philippines, or a domestic partnership or association
wholly owned by citizens of the Philippines; or a
corporation organized under the laws of the Philippines of
which at least sixty percent [60%] of the capital stock
outstanding and entitled to vote is owned and held by
citizens of the Philippines; or a corporation organized
abroad and registered as doing business in the Philippines
under the Corporation Code of which one hundred
percent [100%] of the capital stock outstanding and
entitled to vote is wholly owned by Filipinos or a trustee of
funds for pension or other employee retirement or
separation benefits, where the trustee is a Philippine
national and at least sixty percent [60%] of the fund will
accrue to the benefit of Philippine nationals: Provided,
That where a corporation and its non-Filipino stockholders
own stocks in a Securities and Exchange Commission [SEC]
registered enterprise, at least sixty percent [60%] of the
capital stock outstanding and entitled to vote of each of
both corporations must be owned and held by citizens of
the Philippines, in order that the corporation shall be
considered a Philippine national.
SEC. 2. Sec. 7 of Republic Act No. 7042 is hereby amended to read as
follows:
Sec. 7. Foreign investments in domestic market enterprises. NonPhilippine nationals may own up to one hundred percent [100%] of
domestic market enterprises unless foreign ownership therein is
prohibited or limited by the Constitution and existing laws or the
Foreign Investment Negative List under Section 8 hereof.
SEC. 3. Section 8 of the Foreign Investments Act of 1991 is hereby
amended to read as follows:
Sec. 8. List of investment areas reserved to Philippine nationals
[Foreign Investment Negative List]. The Foreign Investment
Negative List shall have two [2] component lists: A and B:
[a] List A shall enumerate the areas of activities reserved
to Philippine nationals by mandate of the Constitution and
specific laws.
[b] List B shall contain the areas of activities and
enterprises regulated pursuant to law:
1. which are defense-related activities, requiring
prior clearance and authorization from the
Department of National Defense [DND] to
engage in such activity, such as the manufacture,
repair, storage and/or distribution of firearms,
ammunition, lethal weapons, military ordnance,
explosives, pyrotechnics and similar materials;
unless such manufacturing or repair activity is
specifically authorized, with a substantial export
component, to a non-Philippine national by the
Secretary of National Defense; or
2. which have implications on public health and
morals, such as the manufacture and distribution
of dangerous drugs; all forms of gambling;
nightclubs, bars, beer houses, dance halls, sauna
and steam bathhouses and massage clinics.
Small and medium-sized domestic market enterprises
with paid-in equity capital less than the equivalent of Two
hundred thousand US dollars [US$200,000.00], are
reserved to Philippine nationals: Provided, That if [1] they
involve advance technology as determined by the
Department of Science and Technology, or [2] they employ
at least fifty [50] direct employees, then a minimum paidin capital of One hundred thousand US dollars

AttyYekkyNotes

Land Titles and deeds 2nd Exam

(US$100,000.00) shall be allowed to non-Philippine


nationals.
Amendments to List B may be made upon
recommendation of the Secretary of National Defense, or
the Secretary of Health, or the Secretary of Education,
Culture and Sports, endorsed by the NEDA, or upon
recommendation motu proprio, of NEDA, approved by the
President, and promulgated by a Presidential
Proclamation.
The transitory Foreign Investment Negative List
established in Section 15 hereof shall be replaced at the
end of the transitory period by the First Regular Negative
Lists to be formulated and recommended by NEDA
following the process and criteria provided in Sections 8
and 9 of this Act. The First Regular Negative List shall be
published not later than sixty [60] days before the end of
the transitory period. Subsequent Foreign Investment
Negative List shall become effective fifteen [15] days after
publication in a newspaper of general circulation in the
Philippines: Provided, however, That each Foreign
Investment Negative List shall be prospective in operation
and shall in no way affect foreign investments existing on
the date of its publication.
Amendments to List B after promulgation and publication
of the First Regular Foreign Investment Negative List at the
end of the transitory period shall not be made more often
than once very two *2+ years.
SEC. 4. Section 9 of the Foreign Investments Act of 1991 is hereby
amended to read as follows:
SEC. 9. Investment rights of former natural-born Filipinos. For
purposes of this Act, former natural-born citizens of the Philippines
shall have the same investment rights of Philippine citizens in
Cooperatives under Republic Act No. 6938, Rural Banks under
Republic Act No. 7353, Thrift Banks and Private Development Banks
under Republic Act No. 7906, and Financing Companies under
Republic Act No. 5980. These rights shall not extend to activities
reserved by the Constitution including [1] the exercise of profession;
[2] in defense-related activities under Section 8 (b) hereof, unless
specifically authorized by the Secretary of National Defense; and [3]
activities covered by Republic Act No. 1180 [Retail Trade Act],
Republic Act No. 5487 [Security Agency Act], Republic Act No. 7076
[Small Scale Mining Act], Republic Act No. 3018, as amended [Rice
and Corn Industry Act], and P.D. 449 [Cockpits Operation and
Management+.
SEC. 5. The Foreign Investments Act is further amended by inserting
a new section designated as Section 10 to read as follows:
SEC. 10. Other rights of natural-born citizen pursuant to
the provisions of Article XII, Section 8 of the Constitution.
Any natural-born citizen who has lost his Philippine
citizenship and who has the legal capacity to enter into a
contract under Philippine Laws may be a transferee of a
private land up to a maximum area of five thousand
[5,000] square meters in the case of urban land or three [3]
hectares in the case of rural land to be used by him for
business or other purposes. In the case of married couples,
one of them may avail of the privilege herein granted:
Provided, That If both shall avail of the same, the total
area acquired shall not exceed the maximum herein fixed.
In case the transferee already owns urban or rural land
for business or other purposes, he shall be entitled to be a
transferee of additional urban or rural land for business or
other purposes which when added to those already owned
by him shall not exceed the maximum areas herein
authorized.
A transferee under this Act may acquire not more than
two [2] lots which should be situated in different
municipalities or cities anywhere in the Philippines:
Provided, That the total land area thereof shall not exceed
five thousand [5,000] square meters in the case of urban
land or three [3] hectares in the case of rural land for use
by him for business or other purposes. A transferee who
has already acquired urban land shall be disqualified form
acquiring rural land and vice versa.
SEC. 6. The National Economic and Development Authority, in
consultation with the Board of Investments, the Department of
Trade and Industry and Securities and Exchange Commission, shall

Manresa 2012-2013

prepare and issue the necessary primer and other information


campaign materials regarding the Foreign Investments Act and the
amendments introduced thereto, with copies of said materials
furnished all the Philippine embassies, consulates and other
diplomatic offices abroad and disseminated to Filipino nationals,
former natural-born Filipino citizens, and foreign investors, within
sixty [60] days after the effectivity hereof.
SEC. 7. The NEDA is hereby directed to make the necessary
amendments to the implementing rules and regulations of Republic
Act No. 7042 in order to reflect the changes embodied in the Act.
SEC. 8. Sections 9 and 10 of Republic Act No. 7042 and all references
thereto in said law are hereby repealed or modified accordingly. All
other laws, rules and regulation and/or parts thereof inconsistent
with the provisions of this Act are hereby repealed or modified
accordingly.
SEC. 9. If any part or section of this Act is declared unconstitutional
for any reason whatsoever, such declaration shall not in any way
affect the other parts or sections of this Act.
SEC. 10. This Act shall take effect fifteen [15] days after publication
in two [2] newspapers of general circulation in the Philippines.
Approved:
March
28,
1996
_________
Republic Act No. 7042 was amended by Republic Act No. 8179 which
was approved on March 28, 1996. The date of effectivity thereof
was on April 15, 1996.

RA 7042, as amended by RA 8179


A former natural born Filipino citizen is entitled to an area
not in excess of not more 5000sq m if it is urban land or 3 hectares if
rural land, provided this is primarily, directly and actually used by
the transferee for commercial, business purposes whether it be on
agriculture or industry services including the lease of lands but
excluding the buying and selling thereof.
(later on I will exclude ang speculation of property.dili pwede ang
buy and sell sa former natural born citizen. Later on , we will be
discussing SC cases werher property bought by a foreigner and
bought by a Filipino citizen. This can be done for so long as the
foreigner subsequently sells it to a Filipino. This is an absolute
prohibition.)
In RA 8179, it has same limitations as to BP 185. They
cannot acquire more than 2 lots. In the case of married couples, one
of them may avail of the privilege herein granted: Provided, That If
both shall avail of the same, the total area acquired shall not exceed
the maximum herein fixed by law.
SAME SAME SAME
SEC. 10.Other rights of natural-born citizen pursuant to the
provisions of Article XII, Section 8 of the Constitution. Any
natural-born citizen who has lost his Philippine citizenship
and who has the legal capacity to enter into a contract
under Philippine Laws may be a transferee of a private
land up to a maximum area of five thousand [5,000]
square meters in the case of urban land or three [3]
hectares in the case of rural land to be used by him for
business or other purposes. In the case of married couples,
one of them may avail of the privilege herein granted:
Provided, That If both shall avail of the same, the total
area acquired shall not exceed the maximum herein fixed.
In case the transferee already owns urban or rural land
for business or other purposes, he shall be entitled to be a
transferee of additional urban or rural land for business or
other purposes which when added to those already owned
by him shall not exceed the maximum areas herein
authorized.
A transferee under this Act may acquire not more than
two [2] lots which should be situated in different
municipalities or cities anywhere in the Philippines:
Provided, That the total land area thereof shall not exceed
five thousand [5,000] square meters in the case of urban
land or three [3] hectares in the case of rural land for use
by him for business or other purposes. A transferee who

Land Titles and deeds 2nd Exam

AttyYekkyNotes

Manresa 2012-2013

has already acquired urban land shall be disqualified form


acquiring rural land and vice versa.

acquiring rural land


and
vice
versa.
However, if the
transferee
has
disposed of his/her
urban land, he/she
may still acquire
rural land and vice
versa, provided that
this will be used for
business.

Under both BP 185 AND RA 8179, dili pwede ang co-mingling of


classes of property..urban2x..rural-rural..pasensya ka kung kulangan
ka!
RECAP/DISTINCTIONS
Provisions on Land Ownership
The following are the provisions of BP 185 and RA 7042, as
amended, pertinent to land ownership by Filipinos overseas:
Particulars

Size/Area
Coverage

Provision under BP 185

of

Land Acquisition
for Both Spouses

Additional Land
Acquisition

Limits
Acquisition
Land

to
of

maximum of 1,000
sq. meters for urban
land
maximum of one (1)
hectare for rural land
either of the spouses
may avail of the
privilege
in case both spouses
wish to acquire lands
for this purpose, the
total area acquired
should not exceed the
maximum allowed

In case he/she already


owns urban or rural
lands for residential
purposes, he/she may
acquire
additional
urban or rural lands,
which when added to
those he/she presently
owns shall not exceed
the
authorized
maximum area

Provisions under RA
7042
as amended by RA
8179
maximum of 5,000
sq. meters for urban
land
maximum of three
(3) hectares for rural
land

The acquired land


should not be used for
any purpose other
than for residence.
Use of Land

Section 5 of Rule XII


specifically
states
that the land should
be
primarily,
directly, and actually
used
in
the
performance
or
conduct
of
the
owners business or
commercial activities
in the broad areas of
agriculture, industry
and
services
including the lease
of
land,
but
excluding the buying
and selling thereof.

either of the
spouses may avail of
the privilege
in case both
spouses wish to
acquire lands for this
purpose, the total
area acquired should
not exceed the
maximum allowed

In
case
he/she
already owns urban
or rural lands for
business purposes,
he/she may acquire
additional urban or
rural lands, which
when added to
those
he/she
presently owns shall
not exceed the
authorized
maximum

A person may acquire


not more than two (2)
lots which should be
situated in different
municipalities or cities
anywhere
in
the
Philippines, provided
that the total area of
these lots do not
exceed
1,000
sq.
meters for urban land
or one (1) hectare for
rural land for use as
residence.

A
person
may
acquire not more
than two (2) lots
which should be
situated in different
municipalities
or
cities anywhere in
the
Philippines,
provided that the
total area of these
lots do not exceed
5,000 sq. meters for
urban land or three
(3) hectares for rural
land for business
purposes.

An individual who has


already acquired urban
land
shall
be
disqualified
from
acquiring rural land and
vice versa.

Under Section 4 of
Rule XII of the
Implementing Rules
and Regulations of
RA 7042 as amended
by RA 8179, a
transferee who has
already
acquired
urban land shall be
disqualified
from

A transferee of
residential
land
acquired
under
Batas Pambansa Blg.
185 may still avail of
the privilege granted
under this law.

Special
Requirements

In addition to the
requirements
provided for in other
laws
for
the
registration of titles to
lands, the transferee
should submit to the
Register of Deeds of
the province or city
where the property is
located
a
sworn
statement stating the
following
:
date and place of
birth;
names and addresses
of his/her parents,
spouse, and children,
if any;
area, location, and
mode of acquisition of
landholdings in the
Philippines, if any
his/her intention to
reside permanently in
the Philippines;
date
he/she
lost
his/her
Philippine
citizenship and the
country of
which
he/she is presently a
citizen

In addition to the
usual
registration
requirements
pertinent to the
conveyance of real
estate, the transfer
contemplated shall
not be recorded
unless the transferee
submits
to
the
Registry of Deeds of
the province or city
where the land is
situated,
the
following:
certification
of
business registration
issued by the Bureau
of Trade Regulation
and
Consumer
Protection of the
DTI;
sworn
statement
stating information
required under Batas
Pambansa 185;
certification
from
assessor
of
municipality
or
province where the
property is situated
that the subject land
for transfer is an
urban or rural area;
if an agricultural land
is
acquired,
a
certification
from
the Department of

Land Titles and deeds 2nd Exam

AttyYekkyNotes

Violations
Penalties

and

Violations through:
misrepresentation
in
the
sworn
statement
acquisition of land
through
fraudulent
means
failure to reside
permanently in the
land acquired within
two (2) years from its
acquisition,
except
when such failure is
caused
by
force
majeure shall be
penalized by the
following:

Agrarian Reform that


the land is a retained
area
of
the
transferor and an
affidavit
of
the
transferee attesting
that his/her total
landholding inclusive
of the land to be
acquired does not
exceed the 5-hectare
limit provided under
R.A.
6657,
is
required

liability
to
prosecution under the
applicable provisions
of the Revised Penal
Code and subject to
deportation
in
appropriate cases

forfeiture of such
lands
and
their
improvements
to
theNational
Government through
escheat proceedings
by the representative
of
the
Solicitor
General

permanent
disqualification from
availment of the
privilege under this
Act
RESERVATION OF LANDS TO FILIPINOS; EXCLUSIVE
Why is ownership of lands reserved to Filipino citizens?
We have been a product of more than 300years of Spanish
rule and few more decades of American rule and few years of
Japanese rule. Naturally, when the framersof 1973 constitution sat
down to discuss limitations on land ownership in the Philippines,
they took that fact in consideration and decided to reserve the use
of lands in the Philippines for exclusive use of the Filipinos.
In the ultimate analysis, what the SC as well as our laws
seeks to protect would be a permanent transfer to non-filipinos.
Such that it has ruled to be valid subsequent transfers from Filipinoto foreigner to Filipinothat is alienation valid for the policy sought
to be enforced by the law is still intactland exclusively for Filipinos.
Aliens are prohibited from acquiring lands in the
Philippines in order to preserve the nations lands for future
generations of Filipinos (Sarsosa v. Cuenco, april 16, 1982).
The exclusion of aliens from the privilege of acquiring
public agricultural lands and owning real estate is a necessary part
of public land laws in the Philippines as it pays the idea of
preserving the Philippines for Filipinos (krivenko vs. register of
deeds, 1947)

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FACTS: In 1938, petitioner Filomena Gerona de Castro sold a 1,258


sq. m. residential lot in Bulan, Sorsogon to Tan Tai, a Chinese. In
1956, Tan Tai died leaving herein respondents - his widow, To O.
Hiap, and children Joaquin Teng Queen Tan, Tan Teng Bio, Dolores
Tan and Rosario Tan Hua Ing.rary
Before the death of Tan Tai or on August 11, 1956, one of his sons,
Joaquin, became a naturalized Filipino. Six years after Tan Tai's
death, or on November 18, 1962, his heirs executed an extra-judicial
settlement of estate with sale, whereby the disputed lot in its
entirety was alloted to Joaquin. law library
On July 15, 1968, petitioner commenced suit against the heirs of Tan
Tai for annulment of the sale for alleged violation of the 1935
Constitution prohibiting the sale of land to aliens. law
ISSUE: IS teng, a mere naturalized Filipino citizen, entitled to own
the land?
HELD: YES.
RATIONALE: Independently of the doctrine of pari delicto, the
petitioner cannot have the sale annulled and recover the lot she
herself has sold. While the vendee was an alien at the time of the
sale, the land has since become the property, of respondent Joaquin
Teng, a naturalized Philippine citizen, who is constitutionally
qualified to own land.
... The litigated property is now in the hands of a naturalized Filipino.
It is no longer owned by a disqualified vendee. Respondent, as a
naturalized citizen, was constitutionally qualified to own the subject
property. There would be no more public policy to be served in
allowing petitioner Epifania to recover the land as it is already in the
hands of a qualified person. Applying by analogy the ruling of this
Court in Vasquez vs. Giap and Li Seng Giap & Sons:
... if the ban on aliens from acquiring not only agricultural but also
urban lands, as construed by this Court in the Krivenko case, is to
preserve the nation's lands for future generations of Filipinos, that
aim or purpose would not be thwarted but achieved by making
lawful the acquisition of real estate by aliens who became Filipino
citizens by naturalization. (Sarsosa Vda. de Barsobia vs. Cuenco, 113
SCRA 547, at 553.)

NOTE:
Reasons:
1. Vendor was in pari delicto with the vendee. (between 2
guilty persons, no relief can be had; if you are a party to an
illegal transaction, you cannot question anymore). If
somebody would question that sale, it is the SOLICITOR
GENERAL who will now institute reversion or escheat
proceedings.
2. While the vendee was an alien at the time of the sale, the
land has since become the property, of respondent
Joaquin Teng, a naturalized Philippine citizen, who is
constitutionally qualified to own land. The litigated
property is now in the hands of a naturalized Filipino. It is
no longer owned by a disqualified vendee. Respondent, as
a naturalized citizen, was constitutionally qualified to own
the subject property. There would be no more public
policy to be served in allowing petitioner to recover the
land as it is already in the hands of a qualified person.
*you can circumvent actually! Apply for NATURALIZATION! THE
constitution does not distinguish as to WON you are natural born or
naturalized! For so long as you are a Filipino! That is for Atty. Zache,
a travesty!
OTHER PRINCIPLES ON LAND ACQUISITION
HULST V. PR BUILDERS, September 3, 2007

ILLUSTRATIVE CASE:
G.R. No. L-31956 April 30, 1984
FILOMENA GERONA DE CASTRO, Petitioner, vs. JOAQUIN TENG
QUEEN TAN, TAN TENG BIO, DOLORES TAN, ROSARIO TAN HUA
ING, and TO O. HIAP,

The capacity to acquire private land is made dependent upon the


capacity to acquire or hold lands of the public domain. Private land
may be transferred or conveyed only to individuals or entities
?qualified to acquire lands of the public domain.? The 1987
Constitution reserved the right to participate in the disposition,

AttyYekkyNotes

Land Titles and deeds 2nd Exam

exploitation, development and utilization of lands of the public


domain for Filipino citizens or corporations at least 60 percent of the
capital of which is owned by Filipinos. Aliens, whether individuals or
corporations, have been disqualified from acquiring public lands;
hence, they have also been disqualified from acquiring private lands.
Since petitioner and his wife, being Dutch nationals, are proscribed
under the Constitution from acquiring and owning real property, it is
unequivocal that the Contract to Sell entered into by petitioner
together with his wife and respondent is void. Under Article 1409 (1)
and (7) of the Civil Code, all contracts whose cause, object or
purpose is contrary to law or public policy and those expressly
prohibited or declared void by law are inexistent and void from the
beginning. Article 1410 of the same Code provides that the action or
defense for the declaration of the inexistence of a contract does not
prescribe. A void contract is equivalent to nothing; it produces no
civil effect. It does not create, modify or extinguish a juridical
relation.
Generally, parties to a void agreement cannot expect the aid of the
law; the courts leave them as they are, because they are deemed in
pari delicto or ?in equal fault.? In pari delicto is ?a universal doctrine
which holds that no action arises, in equity or at law, from an illegal
contract; no suit can be maintained for its specific performance, or
to recover the property agreed to be sold or delivered, or the money
agreed to be paid, or damages for its violation; and where the
parties are in pari delicto, no affirmative relief of any kind will be
given to one against the other.?
This rule, however, is subject to exceptions that permit the return of
that which may have been given under a void contract to: (a) the
innocent party (Arts. 1411-1412, Civil Code); (b) the debtor who
pays usurious interest (Art. 1413, Civil Code); (c) the party
repudiating the void contract before the illegal purpose is
accomplished or before damage is caused to a third person and if
public interest is subserved by allowing recovery (Art. 1414, Civil
Code); (d) the incapacitated party if the interest of justice so
demands (Art. 1415, Civil Code); (e) the party for whose protection
the prohibition by law is intended if the agreement is not illegal per
se but merely prohibited and if public policy would be enhanced by
permitting recovery (Art. 1416, Civil Code); and (f) the party for
whose benefit the law has been intended such as in price ceiling
laws (Art. 1417, Civil Code) and labor laws (Arts. 1418-1419, Civil
Code).

Necessary conlusion: if you are not allowed to acquire public lands,


you are also not allowed to acquire private lands, at least with
respect to aliens as applicants.
NON-FILIPINOS WHO BY EXCEPTION ARE ALLOWED TO ACQUIRE
LANDS IN THE PHILIPPINES.
1. In cases of hereditary succession, a non-filipino may be a
transferee of private lands
2. Former natural born citizens, with limitations
3. Dual citizens under RA 9225
4. Acquisition before 1935 Constitution
5. Purchase of not more than 40% interest as a whole in a
condominium project by an alien
As defined in Section 2 of The Condominium Act (R.A. 4726),
aCondominium is an INTEREST in real property consisting of a
separate interest in a unit in a residential, industrial or commercial
building and an UNDIVIDED INTEREST in common directly or
indirectly, in the land of which it is located and in other common
areas of the building.
The ownership over the unit is the separate interest of the
owner which makes him automatically a shareholder in the
condominium. The most common types of condominium is
referred to as a combination of both perpendicular and horizontal
co-ownership. While a horizontal condominium offers the benefits
of a townhouse, it is when the various units are in one place - as
when one-story units all set on the ground.
The common areas and facilities are portions of condominium
property not included in the units, whereas, a unit is a part of the
condominium property which is to be subject to private

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ownership. The BOUNDARY of the unit granted are the INTERIOR


surfaces
of
the
perimeter wall, floors
ceilings, windows and door thereof. The common areas are held in
common by the holders of units, in equal shares one for each unit.
The law mandates that said common areas shall remain
UNDIVIDED, and there shall be no judicial partition thereof.
Further, it is mandated that ALL incorporators of a condominium
project must be an owner of a condominium unit.
**In a way, there is a circumvention! Remember however, that in
the instance the percentage of Filipino ownership of a condo project
goes below 60%, the corporation is obliged to hold the vacated unit
for sale to somebody who is a Filipino. So you really have to
maintain the 60%.
6.
7.

Land acquired by americans before Jully 3, 1946


Lands acquired by Americans before July 3, 1974, provided
the ff. requisites are present:
1. They are formerly Filipino citizens or one who had
continuously resided in the phils for more than 20yrs
or have become permanent residents of the
philippines and had acquired private residential lands
not exceeding five thousand (5,000) square meters
for a family dwelling before the expiration of the
Philippine-United States Trade Agreement on
midnight July 3, 1974

FORMER NATURAL BORN FILIPINO CITIZENS, AND NOW


NATURALIZED AS A FOREIGN CITIZEN
Former natural-born Filipino citizen subject to the limitations
prescribed by Law (Batas Pambansa 185 and R.A. 8179)
1 For residential purpose 1,000 square meters of
urban land or one (1) hectare of rural land (BP 185)
2 Cannot own both urban and rural land. Choose
one type only
3 Previous ownership (when still a Filipino citizen) of
residential urban or rural land will lower the 1,000 sq
meter and 1 hectare limits above.
4 Can own a maximum of two (2) lots only.
5 Those lots must be in different cities or
municipalities in the Philippines.
6 A transferee of residential land acquired under
Batas Pambansa Blg. 185 may still avail of the
privileges granted under R.A. 7042 as amended by
R.A. 8179.
For business or other commercial purpose 5,000
square meters of urban land or three hectares of rural
land. Section 5 of Rule XII states: the land should be
primarily, directly and actually used in the
performance or conduct of the owner's business or
commercial activities in the broad areas of agriculture,
industry and services including the lease of land but
excluding the buying or selling thereof.
- Ownership (when still a Filipino citizen) of urban or
rural land used for business purposes will lower the
5,000 square meter and 3 hectare limits.
- Ownership of only one type of land is allowed either
urban or rural not both.
- Ownership is restricted to 2 lots. Each lot must be in
a different municipality.
FORMER NATURAL BORN, NATURALIZED AS A FOREIGN CITIZEN
BUT AVAILS OF THE DUAL CITIZENSHIP LAW
Former natural born filipinos who avail of the Dual Citizenship Law in
the Philippines can buy as much as any other Filipino citizen. Under
Republic Act 9225 (Philippines Dual Citizenship Law of 2003), former
Filipinos who became naturalized citizens of foreign countries are
deemed not to have lost their Philippine citizenship, thus enabling
them to enjoy all the rights and privileges of a Filipino regarding land

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Land Titles and deeds 2nd Exam

ownership in the Philippines.


Filipinos who re-acquire Filipino citizenship under the Republic Act
No. 9225 can fully exercise civil, economic and political rights, as
well as accept liabilities and/or responsibilities as Filipino citizens
provided in the existing laws of the Philippines.
RIGHTS OF DUAL CITIZENS
1. Right to own land and other properties.
As stated in the 1987Constitution of the Philippines, a Filipino citizen
is entitled to purchase land and other properties. There is no limit in
terms of area or size of land or real property he can
acquire/purchase under his name. This right also applies to Filipinos
with dual citizens under R.A. 9225.
Steps to Gain Dual Citizenship:
If you are in the Philippines, file a "Petition for Dual
Citizenship and Issuance of Identification Certificate (IC)
pursuant to RA 9225 at the Bureau of Immigration (BI)
and for the cancellation of your alien certificate of
registration.
Those who are not BI registered and overseas should file
the petition at the nearest embassy or consulate.
Requirements:
Birth certificate authenticated my the Philippines National
Statistics Office (NSO)
Accomplish and submit a Petition for Dual Citizenship and
Issuance of Identification Certificate (IC) pursuant to RA
9225 to a Philippine embassy, consulate or the Bureau of
Immigration
Pay a $50.00 processing fee, schedule and take an "Oath
of Allegiance" before a consular officer
The Bureau of Immigration in Manila receives the petition
from the embassy or consular office. The BI issues and
sends an Identification Certificate of citizenship to the
embassy or consular office.
If a former Filipino who is now a naturalized citizen of a foreign
country does not want to avail of the Dual Citizen Law in the
Philippines, he or she can still acquire land based on BP (Batas
Pambansa) 185 & RA (Republic Act) 8179 but limited to the
following:
For
Residential
Use
(BP 185 - enacted in March 1982):
Up to 1,000 square meters of residential land
Up to one (1) hectare of agricultural of farm land
For Business/Commercial Use (RA 8179 - amended the Foreign
Investment act of 1991):
Up to 5,000 square meters of urban land
Up to three (3) hectares of rural land

MCQ:
1. Which of the ff. cannot acquire lands of the Philippines?
a. Corporation sole
b. Former citizen who is not a dual citizen
c. Former chinese citizen who is naturalized a Filipino
d. Corporation with 40% Filipino ownership (answer)
Kim, a chinese, bought private land from Maja, a Filipino. Kim sold it
to Anne,a dual citizen. The sale to anne is:
a. Not valid, Kim, a transferor never acquired valid title to the
land
b. Not valid, Maja and kim entered into an illegal transaction
c. Valid, If anne renounces her foreign citizenship
d. Valid, the defect in first transaction was cured by the
second transaction (answer)
Kim, a chinese, bought private land from Maja, a Filipino. Kim sold it
to Erich with right of repurchase, Kim:
a. Must secure Majas consent to have right of repurchase
b. Should be naturalized a Filipino to have valid title and have
right to repurchase (answer: see De castro v. Joaquin
Teng)

c.
d.

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Cannot repurchase if erich is a Filipino


Cannot repurchase as she has no right under the law

A, chinese bought land from B, a Filipino. The transaction:


a. B can question As title in an action to collect purchase
price (no, it is a collateral attack, not allowed!)
b. Valid, B cannot question As title coz he is equally at fault
c. Void, either of them can question the sale
d. Void, none of them can question the sale (answer: solicitor
general can file the action: Lee v. Republic: action for
escheat or reversion)
there is a question as to whether Lee Liong has the qualification to
own land in the Philippines.
The sale of the land in question was consummated sometime in
March 1936, during the effectivity of the 1935 Constitution. Under
the 1935 Constitution, aliens could not acquire private agricultural
lands, save in cases of hereditary succession. Thus, Lee Liong, a
Chinese citizen, was disqualified to acquire the land in question.
The fact that the Court did not annul the sale of the land to an alien
did not validate the transaction, for it was still contrary to the
constitutional proscription against aliens acquiring lands of the
public or private domain. However, the proper party to assail the
illegality of the transaction was not the parties to the transaction. In
sales of real estate to aliens incapable of holding title thereto by
virtue of the provisions of the Constitution both the vendor and the
vendee are deemed to have committed the constitutional violation
and being thus in pari delicto the courts will not afford protection to
either party. The proper party to assail the sale is the Solicitor
General. This was what was done in this case when the Solicitor
General initiated an action for annulment of judgment of
reconstitution of title. While it took the Republic more than sixty
years to assert itself, it is not barred from initiating such action.
Prescription never lies against the State.
Although ownership of the land cannot revert to the original sellers,
because of the doctrine of pari delicto, the Solicitor General may
initiate an action for reversion or escheat of the land to the State,
subject to other defenses, as hereafter set forth.
In this case, subsequent circumstances militate against escheat
proceedings because the land is now in the hands of Filipinos. The
original vendee, Lee Liong, has since died and the land has been
inherited by his heirs and subsequently their heirs, petitioners
herein. Petitioners are Filipino citizens, a fact the Solicitor General
does not dispute.
The constitutional proscription on alien ownership of lands of the
public or private domain was intended to protect lands from falling
in the hands of non-Filipinos. In this case, however, there would be
no more public policy violated since the land is in the hands of
Filipinos qualified to acquire and own such land. If land is invalidly
transferred to an alien who subsequently becomes a citizen or
transfers it to a citizen, the flaw in the original transaction is
considered cured and the title of the transferee is rendered
valid. Thus, the subsequent transfer of the property to qualified
Filipinos may no longer be impugned on the basis of the invalidity of
the initial transfer. The objective of the constitutional provision to
keep our lands in Filipino hands has been achieved.
zAch, a british married Maja, a Filipino. He bought land and
registered it solely in Majas name.maja leased it to Eula, an
Australian. Can zach question the lease?
a.
b.
c.
d.

YES, the land is community property under FC and under


section 31, PD 1529
Yes, eula cannot lease lands in the pHils
No, he is not a Filipino citizen (answer: see Matthews v.
taylor)
No, the property is paraphernal.

MATTHEWS V. TAYLOR
Facts: A british married a Filipina and during the marriage, he bought
lands in boracay. Becoz of the prohibition, land was named in the
Filipino wife but the latter ran away with another foreigner. The wife
entered into a lease with another foreigner. The husband filed a
declaration of nullity of the lease claiming that the funds that were
used for the property was his and wife only held such property in
trust and that there was no consent from him.

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Land Titles and deeds 2nd Exam

Held:
In light of the foregoing jurisprudence, we find and so hold that
Benjamin has no right to nullify the Agreement of Lease between
Joselyn and petitioner. Benjamin, being an alien, is absolutely
prohibited from acquiring private and public lands in
thePhilippines. Considering that Joselyn appeared to be the
designated vendee in the Deed of Sale of said property, she
acquired sole ownership thereto. This is true even if we sustain
Benjamins claim that he provided the funds for such acquisition. By
entering into such contract knowing that it was illegal, no implied
trust was created in his favor; no reimbursement for his expenses
can be allowed; and no declaration can be made that the subject
property was part of the conjugal/community property of the
spouses. In any event, he had and has no capacity or personality to
question the subsequent lease of the Boracay property by his wife
on the theory that in so doing, he was merely exercising the
prerogative of a husband in respect of conjugal property. To sustain
such a theory would countenance indirect controversion of the
constitutional prohibition. If the property were to be declared
conjugal, this would accord the alien husband a substantial interest
and right over the land, as he would then have a decisive vote as to
its transfer or disposition. This is a right that the Constitution does
not permit him to have.
Hulst v PR Builders Dutch spouse bought a residential lot but PR
Builders has not developed lot. Spouse to rescind contract to sell
and sue PR.
In pari delicto. An exception to such rule where, even as
the intent to circumvent the constitutional proscription on aliens
owning real property was evident by virtue of the execution of the
Contract to Sell, such violation of the law did not materialize
because the buyer cased the rescission of the contract before the
execution of the final deed transferring ownership.
Under Art 1414, one who repudiates the agreement and demands
his money before the illegal act has taken place is entitled to
recover. Hulst is entitled to the recovery only of the amount of
P3,187,500, representing purchase price paid to PR. No damages
may be recovered on the bases of a void contract; being
nonexistent, the agreement produces no juridical tie between the
parties involved. Hulst is not entitled to actual, interest, moral and
exemplary damages and attorneys fees.

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Corporation Sole - special form of corporation; associated with the


clergy and consists of 1 person only and his successors; incorporated
by law giving them legal capacity and advantage to purchase and
hold real estate in the Philippines not as owner thereof but only an
administrator and holds it in trust for the members of any religious
group for which the corporation is organized.
Sec. 110. Corporation sole. - For the purpose of administering and
managing, as trustee, the affairs, property and temporalities of any
religious denomination, sect or church, a corporation sole may be
formed by the chief archbishop, bishop, priest, minister, rabbi or
other presiding elder of such religious denomination, sect or
church.
Sec. 113. Acquisition and alienation of property. - Any corporation
sole may purchase and hold real estate and personal property for its
church, charitable, benevolent or educational purposes, and may
receive bequests or gifts for such purposes. Such corporation may
sell or mortgage real property held by it by obtaining an order for
that purpose from the Court of First Instance of the province where
the property is situated upon proof made to the satisfaction of the
court that notice of the application for leave to sell or mortgage has
been given by publication or otherwise in such manner and for such
time as said court may have directed, and that it is to the interest of
the corporation that leave to sell or mortgage should be granted.
The application for leave to sell or mortgage must be made by
petition, duly verified, by the chief archbishop, bishop, priest,
minister, rabbi or presiding elder acting as corporation sole, and may
be opposed by any member of the religious denomination, sect or
church represented by the corporation sole: Provided, That in cases
where the rules, regulations and discipline of the religious
denomination, sect or church, religious society or order concerned
represented by such corporation sole regulate the method of
acquiring, holding, selling and mortgaging real estate and personal
property, such rules, regulations and discipline shall control, and the
intervention of the courts shall not be necessary.

EXTENT OF PROHIBITION UNDER THE 1987 CONSTITUTION


JG SUMMIT HOLDINGS V. COURT OF APPEALS
No law disqualifies a person from purchasing shares in a landholding
corporation even if the latter will exceed the allowed foreign equity,
what the law disqualifies is the corporation from owning land.
(BUIldingspwede; machinerypwede!)
A Filipino corporation cannot:
a. Purchase patrimonial property (answer)
b. Lease agricultural lands
c. Purchase private lands
d. Purchase and resell private lands as a business
CORPORATE APPLICANTS
Can corporations petition to register lands.
It depends. If the land is public, even if alienable, they
cannot register. A corporation can lease for 25 years renewable for
another 25 years. Limitation under the Consti: 1,000 hectares.
Prohibition applies to both Filipino and foreign corporaitons.
If the land is a private land, allowed. Qualifications:it
must be organized under the laws of the Philippines of which at least
sixty percent [60%] of the capital stock outstanding and entitled to
vote is owned and held by citizens of the Philippines
CORPORATION SOLE
Cross reference: Section 113 , corporation Code

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AttyYekkyNotes

Land Titles and deeds 2nd Exam

Who can buy property in the Philippines?


Those entitled to own property as fully-fledged Philippine citizens
Philippine citizens who are residents of the Philippines
Philippine citizens who are residents of another country or
working overseas who maintain their Philippine citizenship
Philippine dual citizens
Natural-born Philippine dual citizens (Those born with a
Philippine and foreign citizenship as a result of the concurrent
application of the laws of the Philippines and a foreign country
which consider one a citizen of each country, e.g., those born
to
a
Filipino
and
foreign
parent).
Natural-born Philippine citizens who subsequently acquire
foreign citizenshipinvoluntarily (i.e., without undergoing
foreign naturalization, e.g., marrying a foreign national whose
country automatically considers the Philippine spouse its own
citizen) and who have not renounced their Philippine
citizenship
by
any
act
or
omission.
Natural-born Philippine citizens who voluntarily opted to
acquire foreign citizenship but eventually chose to reacquire
their natural-born Philippine citizenship status under the
Philippine Citizenship Reacquisition Act of 2003 (Republic Act
No. 9225), regardless of whether or not they have renounced
their
previous
foreign
citizenship.

There are no area limits on the ownership by Philippine


citizens of non-agricultural private land. Private agricultural
land acquisition must not exceed a combined total of 5
hectares (50,000 square meters).
Philippine corporations whose capital stock is 60% Filipinoowned
There are no area limits on the ownership by Philippine
corporations of non-agricultural private land. Philippine
corporations may lease, but not own, public agricultural land
not exceeding 1,000 hectares for two 25-year periods and own
private agricultural land not exceeding a combined total of 5
hectares (50,000 square meters).

Those entitled to own property under limited conditions


Natural-born Philippine citizens who voluntarily opted to
acquire foreign citizenship through naturalization, thereby
renouncing their Philippine citizenship, and who do
not choose
to reacquire
Philippine
citizenship
Unlike Philippine citizens, former Philippine citizens who are
natural-born Filipinos* are only entitled to own either 5,000
square meters of urban land or 3 hectares (30,000 square
meters) of rural land in the Philippines for business or other
purposes. The land that may be acquired shall not be more
than two parcels situated in different municipalities or cities
anywhere in the Philippines and shall not exceed the stated
area limitations. Anyone who has Already acquired urban land
is disqualified from further acquiring rural land and vice versa.
In the case of a married couple, the total land area that they
are allowed to purchase cannot exceed the above-stated
limitations.

Foreign citizens and corporations


Foreign citizens and corporations may acquire and own
condominium units where the common area is owned by a
condominium corporation, 60% of which is Filipino-owned.
They cannot directly acquire and own land in the Philippines
except through intestate hereditary succession, i.e.,
inheritance by operation of Philippine laws on intestate
succession and not by testate (through a will or testament)
succession. They may, however, indirectly own land by
subscribing to a Philippine corporation the capital stock of
which is 60% Filipino-owned. They may also lease private land
for
a
maximum
of
two
25-year
periods.

Foreign citizens and corporations investing in the Philippines


may lease private land for a 50-year period extendible for
another 25 years.
A natural-born Philippine citizen is one who does not have to do
anything to acquire Philippine citizenship, in contrast to a

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naturalized Philippine citizen who has to go through a


naturalization process to acquire Philippine citizenship

REGISTRATION
The principles on Land Titles and Deeds are based on the purpose
of the Torrens System and that is to put some stability and allow
the public to rely on title.
4 Benefits of Registration:
1. makes the title conclusive
2. makes the title imprescriptible
3. makes the title immune to collateral attacks
4. makes the title indefeasible (1 year after the issuance of
the decree)
Registration is not a mode of acquiring title.
If a person does not have title, then mere registration of
land under his name will not give him ownership over
the land.
If a person fraudulently registers the land, then, even if
he gets a title, that title can be assailed. That title is NOT
conclusive and indefeasible.
Who may apply for registration? (Section 14, PD 1529)

1.

Those who by themselves or through their predecessorsin-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.

Requirements for application:

1. that the subject land forms part of the disposable


and alienable lands of the public domain;

2. the applicants, by themselves, or through their


predecessors-in-interest
must
have
open,
continuous, exclusive and notoriouspossession
and occupation
3. such possession under a bona fide claim of
ownership since June 12, 1945 or earlier.
How do you prove this? These the respondents must prove by no
less than clear, positive and convincing evidence (Republic v.
manimtim)
FIRST REQUIREMENT; PRINCIPLES
When is public land alienable?
A: It is alienable once there is an official act of the
executive declaring a land of the public domain open
for private appropriation
If the land is not alienable and disposable, even if it is
registered, the registration is void.
Requirement: A CENRO certification that the land is
within the alienable and disposable zone is sufficient
to prove classification (Republic v. Rizalvo)
Newer case: VICTORIA V. REPUBLIC
HELD: To prove that the land subject of the application for
registration is alienable, an applicant must establish the existence
of a positive act of the government such as a presidential
proclamation or an executive order; an administrative action;
investigation reports of Bureau of Lands investigators; and a
[9]
legislative act or statute.
The applicant may secure a
certification from the government that the lands applied for are
alienable and disposable, but the certification must show that the
DENR Secretary had approved the land classification and released
the land of the pubic domain as alienable and disposable, and
that the land subject of the application for registration falls within
the approved area per verification through survey by the PENRO
[10]
or CENRO.
The applicant must also present a copy of the
original classification of the land into alienable and disposable, as
declared by the DENR Secretary or as proclaimed by the
President.

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Land Titles and deeds 2nd Exam

SECOND REQUIREMENT: POSSESSION AND OCCUPATION


Mere possession is not sufficient because possession
may be physical or constructive. There must also be
occupation which means physical possession and
introduction of improvements.
MISTICA V. REPUBLIC
More importantly, we would like to stress that possession alone is
not sufficient to acquire title to alienable lands of the public
domain because the law requires possession and occupation.
Since these words are separated by the conjunction "and," the
clear intention of the law is not to make one synonymous with
the other. Possession is broader than occupation because it
includes constructive possession. When, therefore, the law adds
the word occupation, it seeks to delimit the all-encompassing
effect of constructive possession. Taken together with the words
open, continuous, exclusive, and notorious, the word occupation
serves to highlight the fact that for an applicant to qualify, his
possession must not be a mere fiction. Actual possession of land
consists in the manifestation of acts of dominion over it of such a
nature as a party would naturally exercise over his own property.

possession and occupation since June 12, 1945 (or


earlier) is a ground for registration. This is
because when one pays land taxes, then his
concept of possession is one of ownership.
TH

4 REQUIREMENT: ACQUISITION MUST BE BEFORE JUNE 12,


1945
Even the Supreme court does not know!
QUESTION: Erich filed an original registration of title,
possession since june 12, 1946 and filed for registration in
1976. Assuming all requisites are complied with,:
a.
b.
c.
d.

Is mere possession of 30 years a ground for


registration?
A: No, because the possession must be from June 12,
1945 or earlier.
There can be tacking of possession: applicants'
possession and possession of their predecessors.
Possession and Occupation must be:
1. Open - visible
2. Continuous uninterrupted
3. Exclusive possession to the exclusion of others
4. Notorious known to the public
Can aperson in possession of a public land since 1977
up to the present, register in view of paragraph 1
Section 14 of the Land Registration Act?
A: He can register BUT NOT under Section 14 [1] of the
Land Registration Act. This is because one of the
requirements is that possession must be one since
June 12, 1945 or earlier. It can be acquired under
paragraph 2, that is, by prescription since the
prescriptive period is 30 years.
Because of the Public Land Act, once a person occupy
and possess a property for 30 years, openly,
continuously, xclusively, notoriously, by operation of
law the property becomes private and consequently,
the person becomes the owner thereof.

THIRD REQUIREMENT: BONA FIDE CLAIM OF OWNERSHIP


Claims that is one made in good faith; applicant is
genuine and honest
How to prove; Republic v. Rizalvo
REPUBLIC V. RIZALVO
While tax declarations are not by themselves a adequate indicia
of ownership, they may serve as sufficient basis for referring to
possession. The voluntary declaration of his property for taxation
purposes not only manifests ones sincere desire to obtain title to
property, it also announces a persons claim over the property.
Such an act strengthens a bona fide claim of acquisition.
Tax declarations are good indicia of possession in the concept of
an owner, for no one in his right mind would be paying taxes for a
property that is not in his actual or constructive possession.

Proof of payment of Land Taxes is not enough to


acquire ownership.

But payment of land taxes coupled with

She can be issued coz she was in possession of the land


since june 12, 1945
She canot be issued and is barred by laches
Erich can be issued COT but under cadastral registration
Can be issued but by virtue of prescription(answer)

REGISTRATION OF LAND UNDER 14(2)

2.

Those who have acquired ownership of private lands by


prescription under the provision of existing laws.
Here the land is already private. It can be acquired by
acquisitive prescription, sale, succession, or donation.

3.

Those who have acquired ownership of private lands or


abandoned river beds by right of accession or accretion
under the existing laws.
Accretion the gradual and imperceptible
accumulation of land through the effects of the
natural current of the river (which is adjacent to the
banks of the rivers).
A person constructed a dam or blockade and as a
consequence, accumulation of deposit occurs in his
property. Is hethe owner of the property?
A: NO. This does not fall under the definition of
accretion which requires such accumulation of
deposit to be natural.
Ownership of the accretion may be lost through
extinctive prescription. It is, therefore, suggested that
the accretion be registered in order for the ownership
to be conclusive and imprescriptible.

4.

Those who have acquired ownership of land in any other


manner provided for by law.
Can corporations petiton to register land?
A: It depends.

If the land is public, the corporation cannot


acquire it even if it is alienable.

Under the Constitution, the corporation can


only lease. (Note that if one is possessing a
land through lease, one cannot possibly
claim ownership).

If the land is already private (because someone


else already acquired it prior to the acquisition
of the corporation), then the corporation may
apply for registration

QUALIFICATION: that this corporation is


organized under Philippine laws and the
capital of such corporation is at least 60% of
which should be owned by Filipinos.
Lakes, creeks, foreshore land, as a general rule are not
registrable. But in one case decided by the Supreme
Court, foreshore land which has been abandoned and
is no longer needed for public use can be declared by
the government as disposable.

RAMOS V. DIRECTOR OF LANDS


The possession and cultivation of a portion of a tract of land
under claim of ownership, under a claim of ownership of all, is a
constructive possession of all, if the remainder isnt under the
adverse possession of another. (i.e. introducing improvements,
cultivation, etc.)

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MORE SUBSTANTIAL DISCUSSION FOR THE LAST 3:

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Land Titles and deeds 2nd Exam

LAND TITLES August 22, 2011


SECTION 14 (2)PD 1529 -- Thus susceptible to registration by
ownership acquired by prescription so even if possession of the
alienable public land commence from a date latter that June 12,
1945 and such possession remained open, continuous and exclusive
then possessor my now provide to register the by virtue of section
14 number 2 of PD 1529, otherwise known as the property
registration decree.
Now what are the PERIODS of prescription?
1.

2.

ordinary prescription---which requires just title and good


faith under your civil code which is 10 years only. For as
long as you can prove just title and good faith in
accordance with use of possession under your property of
the civil code, then you are actually entitled already to
have the land titled in your name.
extraordinary prescription--which is 30 years counted from
the beginning of the possession. Remember the concept of
tacking of possession because it quite improbable for a
person to really possess the property in the concept of
owner for a period of 30 years because again we are all
born to die. Mangatay man jud ng tao, so in order to
prevent the inequitable result that the person who holds
the property in such a long time falling short of the
required period of prescription in order to acquire
ownership, the law allows the property owner to tacke his
possession with that of his predecessor in interest.

So let as supposed that there is a man who holds a property in the


concept of an owner for 27 years and then he died. Does it mean
that his successors in interest can no longer apply for original
registration?
It means only that they could tack their possession by
adding the period of your own possession with that of your
predecessor.
Take note that though jurisprudence are full of doctrines which tells
you that the period of prescription is 30 years and very seldom
would say period of prescription in 10 years requiring just title and
good faith. Both (Ordinary & Extraordinary) are the modes of
acquisition under PD 1529 that are viable under existing laws. So
forget about anything else that youve heard saying 30 years jud na
sya under paragraph 2, NO, in the case of Heirs of Malabanan vs
Republic (April 29, 2009), both ordinary prescription and
extraordinary prescription are viable modes of acquisitions.
Now if there is a really a suggested reading, in so far as section 14 is
concerned, you have to read this case of Heirs of Malabanan vs
Republic (April 29, 2009). It is somewhat of a controversial doctrine
because the Supreme Court attempted to summarize everything
that it knows regarding sections 14 paragraph one and paragraph
two. There is some criticism of the doctrine with some dissenting
opinions also stating that instead of simplifying, it may have
complicated the rules regarding prescription as a mode of
acquisition under the property registration decree. So my advice,
read this case.
So it gives us already three cases that we need to read, in so far land
and titles is concerned. So if you have really no time for the bar
examinations to read cases, then consider these leading cases:
1.

HEIRS OF MALABANAN VS. REPUBLIC

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years. Velazco testified that the property was originally


belonged to a twenty-two hectare property owned by his
great-grandfather, Lino Velazco. Lino had four sons
Benedicto, Gregorio, Eduardo and Estebanthe fourth
being Aristedess grandfather. Upon Linos death, his four
sons inherited the property and divided it among
themselves. But by 1966, Estebans wife, Magdalena, had
become the administrator of all the properties inherited
by the Velazco sons from their father, Lino. After the death
of Esteban and Magdalena, their son Virgilio succeeded
them in administering the properties, including Lot 9864A, which originally belonged to his uncle, Eduardo Velazco.
It was this property that was sold by Eduardo Velazco to
Malabanan.
Among the evidence presented by Malabanan during trial
was a Certification dated 11 June 2001, issued by the
Community Environment & Natural Resources Office,
Department of Environment and Natural Resources
(CENRO-DENR), which stated that the subject property was
verified to be within the Alienable or Disposable land per
Land Classification Map No. 3013 established under
Project No. 20-A and approved as such under FAO 4-1656
on March 15, 1982. On 3 December 2002, the RTC
approved
the
application
for
registration.
The Republic interposed an appeal to the Court of Appeals,
arguing that Malabanan had failed to prove that the
property belonged to the alienable and disposable land of
the public domain, and that the RTC had erred in finding
that he had been in possession of the property in the
manner and for the length of time required by law for
confirmation of imperfect title. On 23 February 2007, the
Court of Appeals reversed the RTC ruling and dismissed
the
appliocation
of
Malabanan.

ISSUES:
1. In order that an alienable and disposable land of the
public domain may be registered under Section 14(1) of
Presidential Decree No. 1529, otherwise known as the
Property Registration Decree, should the land be classified
as alienable and disposable as of June 12, 1945 or is it
sufficient that such classification occur at any time prior to
the filing of the applicant for registration provided that it is
established that the applicant has been in open,
continuous, exclusive and notorious possession of the land
under a bona fide claim of ownership since June 12, 1945
or
earlier?
2. For purposes of Section 14(2) of the Property
Registration Decree may a parcel of land classified as
alienable and disposable be deemed private land and
therefore susceptible to acquisition by prescription in
accordance
with
the
Civil
Code?
3. May a parcel of land established as agricultural in
character either because of its use or because its slope is
below that of forest lands be registrable under Section
14(2) of the Property Registration Decree in relation to the
provisions of the Civil Code on acquisitive prescription?
4. Are petitioners entitled to the registration of the subject
land in their names under Section 14(1) or Section 14(2) of
the
Property
Registration
Decree
or
both?

FACTS:
HELD:
On 20 February 1998, Mario Malabanan filed an
application for land registration before the RTC of CaviteTagaytay, covering a parcel of land situated in Silang
Cavite, consisting of 71,324 square meters. Malabanan
claimed that he had purchased the property from Eduardo
Velazco, and that he and his predecessors-in-interest had
been in open, notorious, and continuous adverse and
peaceful possession of the land for more than thirty (30)

The

Pertition

is

denied.

(1) In connection with Section 14(1) of the Property


Registration Decree, Section 48(b) of the Public Land Act
recognizes and confirms that those who by themselves or
through their predecessors in interest have been in open,
continuous, exclusive, and notorious possession and

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Land Titles and deeds 2nd Exam

occupation of alienable and disposable lands of the public


domain, under a bona fide claim of acquisition of
ownership, since June 12, 1945 have acquired ownership
of, and registrable title to, such lands based on the length
and
quality
of
their
possession.
(a) Since Section 48(b) merely requires possession since 12
June 1945 and does not require that the lands should have
been alienable and disposable during the entire period of
possession, the possessor is entitled to secure judicial
confirmation of his title thereto as soon as it is declared
alienable and disposable, subject to the timeframe
imposed by Section 47 of the Public Land Act.
(b) The right to register granted under Section 48(b) of the
Public Land Act is further confirmed by Section 14(1) of the
Property
Registration
Decree.
(2) In complying with Section 14(2) of the Property
Registration Decree, consider that under the Civil Code,
prescription is recognized as a mode of acquiring
ownership of patrimonial property. However, public
domain lands become only patrimonial property not only
with a declaration that these are alienable or disposable.
There must also be an express government manifestation
that the property is already patrimonial or no longer
retained for public service or the development of national
wealth, under Article 422 of the Civil Code. And only when
the property has become patrimonial can the prescriptive
period for the acquisition of property of the public
dominion
begin
to
run.
(a) Patrimonial property is private property of the
government. The person acquires ownership of
patrimonial property by prescription under the Civil Code
is entitled to secure registration thereof under Section
14(2)
of
the
Property
Registration
Decree.
(b) There are two kinds of prescription by which
patrimonial property may be acquired, one ordinary and
other extraordinary. Under ordinary acquisitive
prescription, a person acquires ownership of a patrimonial
property through possession for at least ten (10) years, in
good faith and with just title. Under extraordinary
acquisitive prescription, a persons uninterrupted adverse
possession of patrimonial property for at least thirty (30)
years, regardless of good faith or just title, ripens into
ownership.
It is clear that the evidence of petitioners is insufficient to
establish that Malabanan has acquired ownership over the
subject property under Section 48(b) of the Public Land
Act. There is no substantive evidence to establish that
Malabanan or petitioners as his predecessors-in-interest
have been in possession of the property since 12 June
1945 or earlier. The earliest that petitioners can date back
their possession, according to their own evidencethe Tax
Declarations they presented in particularis to the year
1948. Thus, they cannot avail themselves of registration
under Section 14(1) of the Property Registration Decree.
Neither can petitioners properly invoke Section 14(2) as
basis for registration. While the subject property was
declared as alienable or disposable in 1982, there is no
competent evidence that is no longer intended for public
use service or for the development of the national
evidence, conformably with Article 422 of the Civil Code.
The classification of the subject property as alienable and
disposable land of the public domain does not change its
status as property of the public dominion under Article
420(2) of the Civil Code. Thus, it is insusceptible to
acquisition by prescription.

2.

LEGARDA VS. SALEEBY

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Legarda vs. Saleeby 31 Phil 590


Facts:
The Certificate of title issued to Saleeby includes a
narrow strip of the land registered in the name of Legards.
Legarda filed for adjustment and correction of the error
committed in the certificate issued to Saleeby. Legarda got
the land on 1906 while Saleeby on 1912.
Held:
The earlier date must prevail. In successive
registrations where more than 1 ertificate is issued in
respect of a particular interest in land, the person holding
under the prior certificate is entitled to the land as against
the person who obtained the 2nd certificate.
As stated by Justice Johnson in the 1915 case of Legarda
vs. Saleeby, 31 Phil. 590 the real purpose of the Torrens
system is to quiet title to land and to stop forever any
question as to its legality. "Once a title is registered, the
owner may rest secure, without the necessity of waiting in
the portals of the court, or sitting in the 'mirador de
sucasa', to avoid the possibility of losing his land."
3.

Cruz vs. Secretary which refers to time in memorial


possession and native title in relation to the indigenous
peoples rights act.
CRUZ V. SECRETARY OF ENVIRONMENT AND NATURAL
RESOURCES
FACTS: Petitioners challenged the constitutionality of
Indigenous Peoples Rights Act on the ground that it
amounts to an unlawful deprivation of the States
ownership over lands of the public domain and all other
natural resources therein, by recognizing the right of
ownership of ICC or IPs to their ancestral domains and
ancestral lands on the basis of native title.
As the votes were equally divided, the necessary majority
wasnt obtained and petition was dismissed and the laws
validity
was
upheld
Justice Kapunan: Regalian theory doesnt negate the
native title to lands held in private ownership since time
immemorial, adverting to the landmark case of CARINO V.
LOCAL GOVERNMENT, where the US SC through Holmes
held: xxx the land has been held by individuals under a
claim of private ownership, it will be presumed to have
been held in the same way from before the Spanish
conquest, and never to have been public land.
Existence of native titie to land, or ownership of land by
Filipinos by virtue of possession under a claim of
ownership since time immemorial and independent of any
grant from the Spanish crown as an exception to the
theory of jure regalia
Justice Puno: Carino case firmly established a concept of
private land title that existed irrespective of any royal
grant from the State and was based on the strong
mandate extended to the Islands via the Philippine Bill of
1902. The IPRA recognizes the existence of ICCs/IPs as a
distinct sector in the society. It grants this people the
ownership and possession of their ancestral domains and
ancestral lands and defines the extent of these lands and
domains
Justice Vitug: Carino cannot override the collective will of
the
people
expressed
in
the
Constitution.
Justice Panganiban: all Filipinos, whether indigenous or
not, are subject to the Constitution, and that no one is
exempt from its all-encompassing provisions

4.

Laurel vs. Garcia

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Land Titles and deeds 2nd Exam

In LAUREL VS. GARCIA, 187 SCRA 799, the Supreme Court said: It is
not the President to convey valuable real property of the
government on his or her own sole will. Any such conveyance must
be authorized and approved by law enacted by Congress. It requires
executive and legislative concurrence.
LAUREL VS. GARCIA, 187 SCRA 797
F: Pres Aguino issued an EO selling Roponggi lot since it
was not used by the embassy anymore
H: lot was not validly withdrawn from the public domain
there must be a law authorizing such
There can be no doubt that the Roponggi property is of
public dominion unless it is convincingly shown that the
property has become patrimonial. It is outside the
commerce of man and cannot be alienated.
Roponggi property is correctly classified under Art. 420(2)
as property belonging to the State and intended for some
public service. The fact that the Roponggi property has not
been used for a long time for actual embassy service does
not automatically convert it to a patrimonial property. Any
such conversion happens only if the property withdrawn
from public use. It remains a public domain until there is
a formal declaration or the part of the government to
withdraw it from being such.
An abandonment of the intention to use the Roponggi
property for public service and to make it patrimonial
property under Art. 422 must be definite. Abandonment
cannot be inferred from the non-use alone specifically if
the non-use was attributable not to the governments own
deliberate and indubitable will but to a lack of financial
support to repair and improve the property. Abandonment
must be certain and positive act based on correct legal
premise.
The mere transfer of the Philippine Embassy is not relinquishment of
the Roponggi property's original purpose
What are the objects of prescription?
For this we would have to refer to the provision of the Civil Code:
Under Article 1113: All things which are within
the commerce of men are susceptible of prescription,
unless otherwise provided. Property of the State or any of
its subdivisions not patrimonial in character shall not be
the object of prescription.
So it answers the question, what type of property of the state can
be the subject of prescription. Only patrimonial property and what is
patrimonial property, under article 421, all other property of the
state not of the character stated in article 420 is patrimonial
property and therefore in order to know what patrimonial property
is, you have to know, by process of elimination, what property of the
public domain consist.
So you have there those intended for public use, such as roads,
canals (were talking of canals, dili kanal.), navigable rivers, torrents
and bridges constructed by the state, banks, shores, roadsteads and
others of similar character, those which belongs to the state without
being for public use and not intended for some public service or for
the development of the national wealth.
Now I want you to correlate that with article 422 of the Civil Code,
which provides that if a property of the public domain is no longer
intended for public use or for public service, it would become
patrimonial property.
Now, if property is no longer intended for public use or public
service, does it require no other act on the part of the holder of the
land, in order for him to declare it for land registration?
kinahanglan pa ban a naa siyay proof na ipakita na the same is
already party of the patrimonial property of the state. That
question is answered in the case of Heirs of Malabanan vs.
Republic.

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Before that, the period of possession preceding the


classification of public dominion lands as patrimonial are
not counted for purposes of keeping prescription.
So now, given a situation, lets say A, has been in possession of the
th
land for 40 years. However, it is only during the 20 year of his
possession that there has been a declaration on the part of the state
that the property is not part of the property of public dominion.
Now when the property becomes patrimonial the period of
prescription begins one in favor of the possessor. That is the only
time that he can count his possession in terms of the prescriptive
prescription. So, unsay mahitabo atong 20 years an imonggikuptan
and yuta? Mawater na lang ba to?
The answer is that would be totally disregarded, because what
matters is when the property became patrimonial property.
Meaning no longer devoted to public use that is the only time that
you begin to count the period of prescription. But take note, that
once the requisite period has been completed, two legal events
ensue ipso jure, without needdoing anything further:
1. The patrimonial property is ipso jure converted into
private land.---Its patrimonial already and if you complete
your period of prescription, lets say 30 years,
automatically it is converted into private land.
2. the person in possession for the periods prescribed under
the civil code acquires ownership of the property by
operation of law---So the question is, does she have to do
something else, the answer is NO. Prescription, when
proper and sufficient in terms of ordinary or extraordinary
prescription, automatic na siya maadto sa iyaha, without
doing anything further.
Once the possessor automatically becomes the owner of the
converted patrimonial property, the next logical step would be the
registration of the under the Torrens system.
HOW DO WE DISTINGUISH BETWEEN SECTION 14 PARAGRAPH 1
AND PARAGRAPH 2?
PD 1529, Section 14 Paragraph
1

PD 1529, Section 14 Paragraph


2

Those who by themselves or


through their predecessors-ininterest 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.

Those who have acquired


ownership of private lands by
prescription under the provision
of existing laws.

In 14 par. 1, it mandates
registration on the basis of
possession, in the concept
of owner before June 12,
1945.
Its application is without
reference to the Civil Code.
Hence, its operation is
independent of the Civil
code.

Under the aegis of PD 1529,


as well as CA 141.

Possessor is entitled to
secure
judicial
conformation of his title
thereto as soon as it
declared alienable and
disposable. It does not
require that the property is
alienable and disposable
for the entire period of
possession.

The basis of registration is


ownership by means of
prescription.

It explicitly refers to the


principles of prescription
under existing laws (under
the Civil Code Only).

Made available both by the


PD 1529 and the Civil Code.

Possessor can secure title


only after 10 or 30 years
counted from the date of
declaration that the land is
already
alienable
and
disposable.
Hence
it
therefore requires that the
property has been alienable
and disposable throughout
the entire period of
possession.

Example: you have been in

17

Land Titles and deeds 2nd Exam

AttyYekkyNotes

Example:
You have been in possession of
the property since 1940, so
definitely it is before June 12,
1945. Now supposed that at the
beginning of your possession it
was not yet public land that is
alienable and disposable, wala
pay declirasyon. But your family
is occupying the property since,
1940 or at least 70 years.
Question is, when do you begin
to compute possession in terms
of Section 14 par. 1?

possession for 70 years thru


tacking, you begin counting from
the time the land was declared
as alienable and disposable.

gratuitous allotment of more than twenty-four hectares of land


since the occupation of the Philippines by the United States,
may enter a homestead of not exceeding twenty-four hectares
of agricultural land of the public domain.

When can we not apply for


registration under Section 14
par. 2?

The homestead is enjoyed and can be used by all members


of the immediate family. A corporation is not allowed to apply
for homestead patent, because it is not a natural person.

Answer:
When the property is
covered under the Torrens
title already.

In case of inalienable lands.


Such as forest lands or
natural parks.

2.

Sec. 22.of CA 141


Any citizen of lawful age of the Philippines, and any such
citizen not of lawful age who is a head of a family, and any
corporation or association of which at least sixty per centum of
the capital stock or of any interest in said capital stock belongs
wholly to citizens of the Philippines, and which is organized and
constituted under the laws of Philippines, and corporate bodies
organized in the Philippines authorized under their charters to
do so; may purchase any tract of public agricultural land
disposable under this Act, not to exceed one hundred and fortyfour hectares in the case of an individual and one thousand and
twenty-four hectares in that of a corporation or association, by
proceeding as prescribed in this chapter: Provided, That
partnerships shall be entitled to purchase not to exceed one
hundred and forty-four hectares for each member thereof.
Butthe total area so purchased shall in no case exceed the one
thousand and twenty-four hectares authorized in this section
for associations and corporations.

In case of Co-Ownership, so
long as the co-owner in
possession expressly or
impliedly recognized the coownership. For prescription
to apply the co-owner must
have repudiated the coownership and the other
co-owners are aware of the
repudiation.

Note: In case of co-ownership,


there is no ordinary prescription.

3.
RULES ON ACCRETION
NEW REGENT SOURCES, INC.,vs.TEOFILO VICTOR TANJUATCO, JR.,
and VICENTE CUEVAS,

Sec. 33.of CA 141


Any citizen of lawful age of the Philippines, and any
corporation or association of which at least sixty per centum of
the capital stock or of any interest in said capital stock belongs
wholly to citizens of the Philippines, and which is organized and
constituted under the laws of the Philippines, may lease any
tract of agricultural public land available for lease under the
provisions of this Act, not exceeding a total of one thousand and
twenty-four hectares. If the land leased is adapted to and be
devoted for grazing purposes, an area not exceeding two
thousand hectares may be granted. No member, stockholder, of
officer, representative, attorney, agent, employee or
bondholder of any corporation or association holding or
controlling agricultural public land shall apply, directly or
indirectly, for agricultural public land except under the
homestead and free patent provisions of this Act: Provided,
That no lease shall be permitted to interfere with any prior
claim by settlement or occupation, until the consent of the
occupant or settler is first had, or until such claim shall be
legally extinguished, and no person, corporation, or association
shall be permitted to lease lands here-under which are not
reasonably necessary to carry on his business in case of an
individual, or the business for which it was lawfully created and
which it may lawfully pursue in the Philippines, if an association
or corporation.

Thus, it is not enough to be a riparian owner in order to enjoy the


benefits of accretion. One who claims the right of accretion must
show by preponderant evidence that he has met all the conditions
provided by law.
Alluvium must be an exclusive work of nature. Not cause by human
intervention. An accretion from a river to a registered land does not
automatically become registered land, as such; it must still be placed
under the operation of the Torrens system, through application
either by including it in your original certificate of title or having a
separate certificate of title for the increase thereon.

1.

HOMESTEAD SETTLEMENT (HOMESTEAD PATENT)

Who may apply?


Sec. 12.of CA 141
Any citizen of the Philippines (natural born,Filipino citizen,
or naturalized) over the age of eighteen years, or the head of a
family, who does not own more than twenty-four hectares of
land in the Philippines or has not had the benefit of any

LEASE (AGRICULTURAL LEASE HOLD PATENT)

Who may apply?

It must be stressed that accretion as a mode of acquiring property


under Article 457 of the Civil Code requires the concurrence of the
following requisites:
(1) that the deposition of soil or sediment be gradual and
imperceptible;
(2) that it be the result of the action of the waters of the river;
and
(3) that the land where accretion takes place is adjacent to
the banks of rivers.

MODES BY WHICH PROPERTY IS ACQUIRED UNDER CA 141:

SALES (SALES PATENT)

Who may apply?

Answer:
You compute from the very
beginning, which is in 1940 even
if gahapon pa lang na nadeclare
na alienable and disposable.

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4.

CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE WHICH


CAN EITHER BE
a. JUDICIAL LEGALIZATION OR
b. ADMINISTRATIVE LEGALIZATION (FREE PATENT)

Who may apply?


Judicial Confirmation of Imperfect or Incomplete Title
Sec 48 (b) of CA 141.

Those who by themselves or through their predecessorsin-interest have been in open, continuous, exclusive, and
notorious possession and occupation of agricultural lands

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AttyYekkyNotes

Land Titles and deeds 2nd Exam

of the public domain under a bona fide claim of acquisition


of ownership, for at least 30 years immediately preceding
the filing of the application for confirmation of title, except
when prevented by war or force majeure. Those shall be
conclusively presumed to have performed all the
conditions essential to a government grant and shall be
entitled to a certificate of title under the provision of this
chapter.
The period to avail of this provision has been extended to
Dec 31, 2020 pursuant to RA 9176 , approved Nov 13,
2002 with the limitation that the area applied for should
not exceed 12 hectares.

Administrative Confirmation (FREE PATENT)

Section 44, Chapter VII of the Public Land Act provides that
the applicant for administrative confirmation of imperfect
title must be a natural born citizen of the Philippines who
is not the owner of more than 12 hectares and who, for at
least 30 years prior to the effectivity of Republic Act No.
6940 amending the Public Land Act, has continuously
occupied and cultivated, either by himself or through his
predecessor-in-interest, a tract or tracts of agricultural
public land subject to disposition, who shall have paid the
real estate tax thereon while the same has not been
occupied by any person shall be entitled to a free patent
over such land/s not to exceed 12 hectares.

ANNOTATION
Proceedings under the Property Registration Decree and the
Public Land Act are the same in that both are against the whole
world, both take the nature of judicial proceedings, and the decree
of registration issued for both is conclusive and final. They differ
mainly in that under the Property Registration Decree, there already
exists a title which the court only needs to confirm. On the other
hand, under the Public Land Act, there exists a presumption that the
land applied for still pertains to the State, and that the occupants
and possessors can only claim an interest in the land by virtue of
their imperfect title or continuous, open, and notorious possession
thereof. Nonetheless, in the end, the two laws arrive at the same
goal, namely, a Torrens title, which aims at complete
extinguishment, once and for all, of rights adverse to the record
[14]
title.
In general, an applicant for judicial confirmation of an
imperfect or incomplete title under the Public Land Act must be able
to prove that: (1) the land is alienable public land; and (2) his open,
continuous, exclusive and notorious possession and occupation of
the same must either be since time immemorial or for the period
[15]
prescribed in the Public Land Act.
The finding of fact of the trial court that the Subject Property is
alienable public land is undisputed. What is to be determined
herein is whether petitioners have complied with the period of
possession and occupation required by the Public Land Act.
The provision of the Public Land Act that is particularly
relevant to petitioners application is Section 48(b). Through the
years, Section 48(b) of the Public Land Act has been amended
[16]
several times. The case of Republic v. Doldol provides a summary
of these amendments, as follows
x x x. The original Section 48(b) of C.A. No. 141 provided for
possession and occupation of lands of the public domain since July
26, 1894. This was superseded by R.A. No. 1942, which provided for
a simple thirty-year prescriptive period of occupation by an
applicant for judicial confirmation of imperfect title. The same,
however, has already been amended by Presidential Decree No.
1073, approved on January 25, 1977. As amended, Section 48(b)
now reads:
(b) Those who by themselves or through their predecessors-ininterest have been in open, continuous, exclusive and notorious
possession and occupation of agricultural lands of the public
domain, under a bona fide claim of acquisition or ownership, since
June 12, 1945, or earlier, immediately preceding the filing of the
application for confirmation of title, except when prevented by wars
or force majeure. Those shall be conclusively presumed to have
performed all the conditions essential to a Government grant and
shall be entitled to a certificate of title under the provisions of this

Manresa 2012-2013

chapter.
Section 48(b) of the Public Land Act, as amended by PD No.
1073, presently requires, for judicial confirmation of an imperfect or
incomplete title, the possession and occupation of the piece of land
by the applicants, by themselves or through their predecessors-ininterest, since 12 June 1945 or earlier. This provision is in total
conformity with Section 14(1) of the Property Registration Decree
heretofore cited.
ON THE OTHER HAND, administrative confirmation is based on
Section 44: amendment by RA No. 6940 of Section 44 of the Public
Land Act, to read as follows
SEC. 44. Any natural-born citizen of the Philippines who is not the
owner of more than twelve (12) hectares and who, for at least thirty
(30) years prior to the effectivity of this amendatory Act, has
continuously occupied and cultivated, either by himself or through
his predecessors-in-interest a tract or tracts of agricultural public
land subject to disposition, who shall have paid the real estate tax
thereon while the same has not been occupied by any person shall
be entitled, under the provisions of this Chapter, to have a free
patent issued to him for such tract or tracts of such land not to
exceed twelve (12) hectares.
While the above-quoted provision does provide for a 30-year
period of occupation and cultivation of the land, Section 44 of the
Public Land Act applies to free patents, and not to judicial
confirmation of an imperfect or incomplete title to which Section
48(b) applies.
iN ALL:
(1) Section 44 of the Public Land Act, as amended by RA No.
6940, which provides for a prescriptive period of thirty (30) years
possession, applies only to applications for free patents;
(2) Section 48(b) of the Public Land Act requires for judicial
confirmation of an imperfect or incomplete title the continuous
possession of the land since 12 June 1945, or earlier,

Case: MARTINEZ VS. CA (January 28, 2008)


Any citizen of the Philippines, occupying lands of the public domain
or claiming to own any such lands or an interest therein, but whose
titles have not been perfected or completed, may apply with the RTC
of the province where the land is located for confirmation of his/her
claim and the issuance of a certificate of title therefor under the
Property Registration Decree.
Such applicants must by themselves or through their
predecessors in interest have been in open,continuous,
exclusive, and notorious possession and occupation of
alienable and disposable agricultural lands of the public
domain, under a bona fide claim of acquisition or
ownership, since 12 June 1945, xcept when prevented by
war or force majeure, shall be conclusively presumed to
have performed all the conditions essential to a
Government grant.
At present, such applications for judicial confirmation of
imperfect or incomplete titles must be filed prioro 31
December 2020; and must cover an area of up to 12
hectares only.
REPUBLIC ACT NO. 8371
--see separate material for this
Case: CRUZ VS DENR SECRETARY
Case: MMDA VS. CONCERNED CITIZENS OF MANILA BAY
(Writ of Continuing Mandamus)
Generally, the writ of mandamus lies to require the
execution of a ministerial duty.A ministerial duty is one
that "requires neither the exercise of official discretion nor
judgment." It connotes an act in which nothing is left to the
discretion of the person executing it. It is a "simple, definite
duty arising under conditions admitted or proved to exist
and imposed by law." Mandamus is available to compel
action, when refused, on matters involving discretion, but
not to direct the exercise of judgment or discretion one
way or the other.

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Land Titles and deeds 2nd Exam

METROPOLITAN MANILA DEVELOPMENT AUTHORITY et.al. vs.


CONCERNED RESIDENTS OF MANILA BAY
G.R. Nos. 171947-48
December 18, 2008
Marianne De Vera and Florence Cacachan
FACTS: The government agencies namely, MWSS, LWUA, DENR, PPA,
MMDA, DA, DBM, DPWH, DOH, DECS, and PNP did not take notice of
the present danger to public health and the depletion and
contamination of the marine life of Manila Bay. According to the
Concerned Citizens of Manila Bay, the condition of Manila Bay did
not matched to the intended SB level standard of water quality in
such a way that swimming, ski diving and etc. are unallowable. Thus,
the RTC ordered the government agencies to participate in cleaning
the Bay. Authorities from DENR and MWSS testified in favor of the
petitioners that the bay is in safe-level bathing and that they are
doing their function in reducing water pollution. However the RTC
decided in favor of the respondents and ordered the government
agencies in violation of PD 1152 or the Philippine Environment Code
to rehabilitate the bay.
The petitioners argued to the CA that PD 1152s provisions only
pertain to the cleaning of specific pollution incidents and do not
cover cleaning in general. However, CA affirmed the RTCs decision.
ISSUES:
(1) Whether or not cleaning Manila Bay is the ministerial act of the
petitioners that can be induced by mandamus.
(2) Whether or not Section 17 and 20 of Presidential Decree 1152
only pertain to the specific cleaning of pollution (and not general
cleaning).
RATIO DECIDENDI:
(1) The cleaning and rehabilitation of Manila Bay can be compelled
by Mandamus. Petitioners claimed that it is not their ministerial
duty to clean up the bay because for them it is a discretionary duty
which cannot be compelled by mandamus. According to the
Supreme Court, the obligations to perform the duties (as defined by
law) of the petitioners and on how they carry out such duties are
two distinct concepts. The former pertains to the discretionary
duties of the petitioners while the latter is their ministerial duty. As
for this case, it is the discretion of the petitioners to choose not to
perform or to perform their duties as defined by law. And when they
have chosen to perform their duties, the way they carry out those
duties are called ministerial acts.
It is very clear in their charters that aside from performing their
main function as an agency, they are also mandated to perform
certain functions relating directly or indirectly to the cleanup,
rehabilitation, protection, and preservation of the Manila Bay.
(2) In the second issue, the Supreme Court held that Sections 17 and
20 of P.D. 1152 include cleaning in general. Section 17 provides that
in case the water quality has deteriorated, the government agencies
concerned shall act on it to bring back the standard quality of water.
On the other hand, Section 20 also mandates the government
agencies concerned to take action in cleaning-up in case the
polluters failed to do their part. In the succeeding section 62(g) and
(h) of the same Code, provide that oil spilling is the cause of
pollution that should be done in clean-up operations. This provision
actually, expanded the coverage of Sec. 20 because it included oilspilling as one of the causes of pollutions that need to be cleaned-up
by the government agencies concerned. Moreover, Sec. 17
emphasizes that government agencies should clean that water for
the sake of meeting and maintaining the right quality standard. This
presupposes that the government agencies concerned have the
duties of cleaning the water not only in times when the water is
polluted.
Moreover, even without such provisions, it is the
inescapable duty of everyone to protect the water and prevent
pollution, because of the tenable need of present and future
generations as provided in Art. 2 Sec. 16 of the 1987 Constitution,
that the State shall protect and advance the right to a balanced and
healthful ecology in accord with the rhythm and harmony of
nature.

Manresa 2012-2013

NOTE: Theres a rule promulgated by SC to implement right of the


people to right to balance of ecology on environmental cases.

DISTINCTIONS BETWEEN AN ANCESTRAL DOMAIN VS. ANCESTRAL


LAND
ANCESTRAL DOMAIN

ANCESTRAL LAND

Certificate
of
Ancestral
Domain Title is issued.
Broader and may include
ancestral land

May only be acquired by


native title.

There is a presumption of
communality

Certificate of Ancestral
Lands Title is issued.
MAY BE INCLUDED in
ancestral domain but May
exist outside of the
ancestral domain.
May be acquired by both
Native title and Torrens title
under the Public Land Act
and the Land Registration
Act
No
presumption
of
Communality

See separate sheet on RA 8371: PHILOMATHEIA supplemental


reviewer
August 26, 2011 (Friday) Lecture
The meat of what weve already discussed
REVIEW: 2 Types of Action:
ACTION IN PERSONAM

ACTION IN REM

Directed against a specific


person on the basis of their
personal liabilities and seeks
personal judgment

Directed against the thing or


property or status of a person
and seeks judgment with
respect to as against the whole
world.

Seeks to enforce personal rights


and obligations brought against
the persons and based on the
jurisdiction
over
persons
although it may involve his right
to specific property

(in re: estate of Johnson


cadastral proceeding is an action
in rem)

No one other than the


defendant is sought to be held
liable. NOT THE WHOLE WORLD.

Ex. Action for sum of


money: you cant
collect it from other
people but only from
defendant

Action for specific


performance
and
action for rescission is
not an action in rem
(see ching v. CA)
See: quasi in rem
st

1 Exam Question
Which of the ff actions relating to land is an action in rem?
a. An action for reconveyance of land on the ground of fraud
b. An action for cancellation of title
c. Cadastral registration proceedings
d. Action for specific performance to compel the seller to
execute reconveyance

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Land Titles and deeds 2nd Exam

CHING VS CA JAN 11 1999 G.R. NO. L-59731


FACTS:
Plaintiff brought an action for reconveyance and cancellation of the
defendants title (Torrens title). The defendant was not served with
summons. RTC cancelled the defendants title.
(Summons: the means by which the court acquires jurisdiction over
the defendant. If defendant is not served with summons together
with copy of complaint of plaintiff, the court acquires no jurisdiction
over his person. It follows that the case should be dismissed on the
ground of lack of jurisdiction. Jurisdiction is constituted by:
jurisdiction over person of defendant, subject matter, thing? in
dispute, issues. If defendant is not served with summons, the only
way that the court acquires jurisdiction is when he voluntarily
appears in court. Summons is very important in this case. )
Reconveyance: you give it back to the owner
Cancellation: title may have been obtained by fraud.
ISSUE: Whether the RTC was correct in cancelling defendants title.
HELD: an action to redeem or recover title to or possession of real
property is not an action in rem or an action against the whole world
like land registration proceedings or the probate of the will. It is an
action in personam so much so that a judgment therein is binding
only upon the party properly included or given an opportunity to be
heard.

Manresa 2012-2013

by the sale of the land by Andy? (may option pa na daughter eh,


couldnt catch sirs words)
Bianca- had actual knowledge
Anne- was told of the transaction
Daughter- successor-in-interest
Answer: MAJA= no knowledge whatsoever
EFFECT OF ITS CHARACTERIZATION AS PROCEEDINGS IN REM
As such a proceeding in rem, it binds all persons known and
unknown and the title issued as a result thereof is binding and
conclusive upon the whole world. All persons who may be adversely
affected by the proceedings are so bound by the proceedings,
innocent factually as they might have been of the publication of the
aforesaid notice of initial hearing.
If there is frauda TT issued will not be considered as indefeasible
because the registration of land cannot serve as protective mantle
to cover or shelter bad faith!
IF REGISTERED: all persons are bound;
IF NOT REGISTEREDeven if a conveyance is not registered, you
always bind:
1. Grantor- he cannot deny his own act
2. Heirs and successors in interest- mere extension fthe grantor
rd
3. 3 persons who have actual knowledge of the transaction (to
them registration is a mere surplusage)
PROCEDURE IN LAND REGISTRATION

Since it was an action in personam, the judgment cancelling


defendants title is NULL and VOID for lack of jurisdiction over the
person of the defendant.
DISTINCTION:
Original registration of property under Torrens system: ACTION IN
REM- binds the whole world. But when you question the holder of
that certificate of title, youre questioning him and any judgment will
only bind himthe holder of the certificate of title; therefore, it
does not need any summons. Judgment for Cancellation of the title
may be declared null and void.
IN RE: ESTATE OF JOHNSON: Cadastral proceeding is an action in
rem.
An action in rem is directed against the thing or property or status
of a person MEANING:

Examples
1. Declaration of nullity of marriage: it is filing a case
for a declaration of status
2. Original land registration proceedings: directed
against thing or property and declares status as
owner of title of property.
On land registration proceedings as an action in rem: Failure to give
notice to claimants of the land is not a jurisdictional defect. It is
PUBLICATION that gives notice to the whole world and vests the
court with jurisdiction. By the description of the notice: To whom it
may concern all the persons in the world are made parties
defendant to land registration proceedings. As a proceeding in rem,
it binds persons known and unknown and the title issued as a result
thereof is conclusive upon the whole world. Notice by publication
binds the whole world including those who may not be personally
affected thereby. You cant complain that you were not given notice.
Before, publication was only made by Official Gazettenot
accessible to everybody, irregularly published. Because of this
inaccessibility, if you can still prove that there was fraud and bad
faith in the issuance in the certificate of title, the in rem nature of
land registration proceedings CANNOT be deemed to apply to a
person so defrauded or a victim of bad faith.
st

1 exam Question:
Andy sold her land to Kim. Bianca witnessed the transaction. Andy
told Anne of the sale. Kim did not register the land. Maja, a
foreigner, wanted to buy the land. Who among the ff is not bound

1.

Survey of the land: thru Bureau of Lands or duly licensed


private surveyor approved by BOL

Survey is a required attachment in application for land registration


If not attached: The petition will not be dismissed but you will be
given time to submit the required attachments.
A survey plan showing the boundaries and area will be the one that
clearly identifies and delineates the land of the applicant. It is that
which sets it apart from all the other lands of the Philippines. No
survey will be possible where the identity of the land was not first
established. Without such identification, no opposition for the
application for registration will therefore be imposed.
A survey plan not approved (no stamp of approval) by director of
lands is not admissible in land registration proceedings.
Even if approved, the survey plan is not entitled to credit if it
appears that lot sought to be registered has an area very much
bigger than shown by tax declarations paid.
Ex. Survey plan states: 3 hectares but your Tax declaration states: 2
hectares. What will prevail?
REPUBLIC CEMENT VS CAJuly 3, 1991 G.R. Nos. 85991-94
The tax declaration will give doubt to the
veracity of the survey plan and will not be given credibility
or weight by the land registration board.
NOTES: Must be drawn in a TRACING CLOTH PLAN
REPUBLIC VS. ALDANA: The submission in evidence of the
original tracing cloth plan, duly approved by the Bureau of
Lands, in cases for application of original registration of land is a
mandatory requirement. The reason for this rule is to establish
the true identity of the land to ensure that it does not overlap a
parcel of land or a portion thereof already covered by a
previous land registration, and to forestall the possibility that it
will be overlapped by a subsequent registration of any
adjoining land.1avvphi1 The failure to comply with this
requirement is fatal to petitioners application for registration.
While the petitioner correctly asserts that the submission in
evidence of the original tracing cloth plan, duly approved by the
Bureau of Lands, is a mandatory requirement, this Court has
recognized instances of substantial compliance with this rule. In
previous cases, this Court ruled that blueprint copies of the
original tracing cloth plan from the Bureau of Lands and other
evidence could also provide sufficient identification to identify

21

AttyYekkyNotes

Land Titles and deeds 2nd Exam

a piece of land for registration purpose (If original tracing cloth


plan is not available, blueprint copies and other evidence could
also provide sufficient identification. As long as they can
identify the metes and bounds of the property *blueprint is
taken from tracing cloth plan)
2.

Filing of Application for Registration by the applicant at


the RTC of the province, city or municipality where
property is situated

FORMS AND CONTENTS OF APPLICATION FOR REGISTRATION


SECTION 15 requires that the application for land registration shall
be in writing, signed by the applicant or the person duly authorized
in his behalf, and sworn to before any officer authorized to
administer oaths for the province and city where the application was
actually signed. If there is more than one applicant, the application
shall be signed and sworn to by and in behalf of each.
It shall provide information on the following:
Full description of the land as evidenced by a survey plan
duly approved by the Director of Lands, surveyors
certificate, and technical description
Citizenship and civil status of applicant; if married, the
name of the husband or wife; and if the marriage has been
legally dissolved, when and how the marriage was
dissolved
Full names and addresses of the occupants of the land and
those of the adjoining owners, if known and if not know, it
shall state the extent of the search made to find them
Assessed value of the land and the building and
improvements thereon
Whether or not there are mortgages or encumbrances of
any kind affecting whatsoever the land, or any other
person having any interest therein, legal or equitable, or in
possession, thereof o The manner by which the applicant
has acquired the land
Whether or not the property is conjugal, paraphernal, or
exclusive property of the applicant
Names of all the occupants of the land, if any
Original muniments of title and other related documents
supporting applicants claim of ownership
If the land is bounded by a public or private way or road,
whether or not the applicant claims any and what portion
of the land within the limits of the way or road, and
whether the applicant desires to have the line of the way
or road determined

TRANSCRIPTION:
REQUIREMENT OF VERIFICATION
WHAT does it mean that it must be signed and sworn to ?
that the APPLICATION WAS INDEED VERIFIED. It does not
mean notarization.
Question: what if not verified?
It shall not be dismissed. Applicant shall be given time to
verify.
Section 15. Form and contents. The application for land registration
shall be in writing, signed by the application or the person duly
authorized in his behalf, and sworn to before any officer authorized
to administer oaths for the province or city where the application
was actually signed. If there is more than one applicant,
theapplication shall be signed and sworn to by and in behalf of each.
The application shall contain a description of the land and shall
state the citizenship and civil status of the applicant, whether
single or married, and, if married, the name of the wife or husband,
and, if the marriage has been legally dissolved, when and how the
marriage relation terminated. It shall also state the full names and
addresses of all occupants of the land and those of the adjoining
owners, if known, and, if not known, it shall state the extent of the
search made to find them.

Manresa 2012-2013

The application, shall, in form, be substantially as follows:


Republic of the Philippines
Court of First Instance of _________________
The undersigned,___________________hereby applies (or apply) to
have the land hereinafter described brought under the operation of
the Property Registration Decree, and to have the title thereto
registered and confirmed:
AND DECLARE . . . . .
1. That the applicants/s is/are the owners of the land (by virtue of
inheritance or deed of sale or conveyance and/or possession in
accordance with Section 14 of said Decree), together with the
building and improvements thereon, with the exception of the
following:_____________________________________________
_____________________________ which is/are the property of
_________________________residing
At_______________________ The said land, consisting of
____________________ parcel/s is/are situated, bounded and
described as shown on the plan and technical descriptions attached
hereto and made a part hereof, with the following
exception:_____________________________________________
2. That said land at the last assessment for taxation was assessed
at P ____, Philippine currency, and the buildings and other
improvements at P ___________, Philippine currency.
3. That to the best of my/our knowledge and belief, there is no
mortgage or encumbrance of any kind whatsoever affecting said
land, nor any other person having any interest therein, legal or
equitable, or in possession, other than as follows:
_____________________________________________________
4. That the applicant/s has/have acquired said land in the
following manner: ________________________________
(Note: Refer to Sec. 14 of said Decree. State also whether the
property is conjugal, paraphernal or exclusive property of the
applicant/s)
5. That said land is occupied by the following person:
_____________________________________________________
6. That the names in full and addresses, as far as known to the
undersigned, of the owners of all adjoining properties, of the
persons mentioned in paragraphs 3 and 5, and of the persons
shown on the plan as claimants, are as follows:
_____________________________________________________
7.
That
the
applicant/s
is/are
single
or
married
to___________________ (Note: if marriage has been legally
dissolved, state when and how the marriage relation
terminated.)___________________________________________
8. That the applicant's/s' full name, age, citizenship, residence, and
postal
addresses
is/are
as
follows:_________________________________________________
9. That (Note: If the land included in the application is bounded by
a public or private way or road, there should be stated in this
paragraph whether or not the applicant claims any and what land
within the limits of the way or road and whether the applicant
desires to have the line of the way or road determined.)
_____________________________________________________
10. That the following documents are attached hereto and made a
part hereof: ___________________________________________
Signed at ___________________ this _____________________
day of ____________________, in the year nineteen hundred and
______________________.
______________________
Applicant
_________________________
(Post Office Address)

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Land Titles and deeds 2nd Exam

REPUBLIC OF THE PHILIPPINES


PROVINCE (OR CITY) OF _______________
On this _______ day of________,19 ______personally
appearedbefore me the above-named_________known to me to be
the person/s who executed the foregoingapplication and made oath
that the statements therein are true ofhis/their knowledge,
information and belief.
The Residence Certificate/s ______________________ of the
applicant/s __________ was/were exhibited to me being
No.____________ issued at __________dated____________, 19

Manresa 2012-2013

Section 16. Non-resident applicant. If the applicant is not a resident


of the Philippines, he shall file with his application aninstrument in
due form appointing an agent or representativeresiding in the
Philippines, giving his full name and postal address,and shall therein
agree that the service of any legal process in the proceedings under
or growing out of the application made upon his agent or
representative shall be of the same legal effect as if made upon the
applicant within the Philippines. If the agent or representative dies,
or leaves the Philippines, the applicant shall forthwith make another
appointment for the substitute, and, if he fails to do so the court
may dismiss the application.
NON-RESIDENT APPLICANT MAY BE REPRESENTED BY AN
ATTORNEY-IN-FACT

________________________
(Notary Public, or other Officer
authorized to administer oaths)

PTR NO. _________________


CONTENTS: (be aware of this, he will ask us to prepare an
application for registration for our final exam)
1. Description of the land, with any buildings,
tenements, and improvements: survey, tracing cloth
plan, blueprint
2. Citizenship and civil status of applicant. If married,
name of wife/husband. If marriage has been
dissolved, when and how it was dissolved. Why
important? Because of different property regimes.
Married: property is prima facie presumed
conjugal/abs. community prop. Citizenship: who may
apply part Filipino citizen/ dual/naturalized. THESE
INFO ARE DEEMED TO BE PRIMA FACIE CORRECT, can
be used to prove your status and citizenship
3. Assessed value of land, buildings, and other
improvements- from Business Bureau (City)/ BIRzonal valuation (fair market value) (assessed value <
zonal valuation)
4. Mortgages/ Encumbrances if any and names of any
persons who may have legal or equitable interest in
the property: if determined to be existing at the time
of issuance of certificate of title, court will order that
such liens will be reflected in the COT.
5. Manner (sec. 14) by which the applicant acquired the
land: Sec. 14
6. Full names of occupants of the land and adjoining
owners: occupants- interested parties, possible
oppositors; adjoining owners- to prevent overlapping
of property (opportunity to be heard and present
evidence to prevent overlap)
7. Sec. 21 ocular inspection
Required Attachments:
1. Tracing cloth plan, or in the absence of suchblueprint (
but blueprint alone, without other evidence not enough)
2. 3 copies of technical descriptions (prepared by geodetic
engineer/licensed surveyor)
3. Surveyors certificate
4. All original muniments of title (instruments which enable
him to substantiate his title, ex. Deed of sale, extra-judicial
partition)
5. 4 copies of certificate of city assessor of assessed value of
the land (Business Bureau)
6. Sec. 16 if not residentinstrument in due form appointing
an agent residing in the city (Special Power of Attorney)
pag General Power of Attorney lang you cannot sell
property
a. Can Corporation execute SPA? No, because not a
private individual. Only private individual can
execute SPA. Corp.: Board of Directors thru a
BOARD RESOLUTION
>>insert Sec. 16
If no representative- case will be dismissed

Where the applicant is not a resident of the Philippines, he shall file


his application through a duly authorized representative or attorneyin-fact, whose authority as such shall accompany the application.
1. Sec. 16 if not residentinstrument in due form appointing
an agent residing in the city (Special Power of Attorney)
pag General Power of Attorney lang you cannot sell
property
a. Can Corporation execute SPA?
No, because not a private individual.
Only private individual can execute SPA.
Corporation act through Board of Directors :
official act thru a BOARD RESOLUTION.
Causes for Dismissal of the Petition/ Application of OR
1. For non-resident applicants: If the agent orrepresentative
dies, or leaves the Philippines, the applicant shallforthwith
make another appointment for the substitute, and, if
hefails to do so the court may dismiss the application.
2. If the Application filed in wrong court or the wrong venue
Proper court: RTC (wrong if you filed in MTC)
Wrong venue:Property in Davao City, then you file in Toril
3. If it appears that Land is not registrable
4. Title to same land had already been issuedcovered
already by Torrens title
5. If the Applicant is not qualified under the Constitution,
under Section 14and in other pertinent laws
Section 17. What and where to file. The application for land
registration shall be filed with the Court of First Instance of
theprovince or city where the land is situated. The applicant shall
filetogether with the application all original muniments of titles
orcopies thereof and a survey plan of the land approved by the
Bureau of Lands.
The clerk of court shall not accept any application unless it isshown
that the applicant has furnished the Director of Lands with a copy of
the application and all annexes.

APPLICATION FOR LAND REGISTRATION TO BE FILED WITH THE


REGIONAL TRIAL COURT
PLENARY JURISDICITON(section 2, PD 1529):The RTC shall
have exclusive jurisdiction over allapplications fororiginal
registration of title to lands, including improvements
andinterests therein, and over all petitioners filed after
originalregistration of title, with power to hear and
determine allquestions arising upon such applications or
petitions
DELEGATED JURISDICITON (SECTION 34)The MTC or MCTC
may be assigned to handle original registrationcases in the
following instances as provided by RA7691:
o Where the lot is not the subject of any
controversy oropposition
o Where the lot is contested but the value thereof
doesntexceed P100,000
BP 129 "Sec. 34. Delegated Jurisdiction in Cadastral and Land
Registration Cases. Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts may be assigned by the
Supreme Court to hear and determine cadastral or land registration
cases covering lots where there is no controversy or opposition, or
contested lots where the value of which does not exceed One

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Land Titles and deeds 2nd Exam

hundred thousand pesos (P100,000.00), such value to be


ascertained by the affidavit of the claimant or by agreement of the
respective claimants if there are more than one, or from the
corresponding tax declaration of the real property. Their decisions in
these cases shall be appealable in the same manner as decisions of
the Regional Trial Courts."c
Requisites:

If there is no controversy or opposition (NO VALUE


REQUIREMENT)

Assessed value is not more than 100,000 (EVEN IF


CONTESTED)
a. NOT fair market value: interested seller
interested to part with his property for price to
be paid by the interested buyer
Decisions of the MTC shall be appealable in the same manner as
decisions of the RTC:
So RTC CA
MTC CA
COURT HAVING TERRITORIAL JURISDICTION OVER THE
LANDSHOULD TAKE COGNIZANCE OF THE CASE
Lopez v. De Castro: in all cases where the authority to
proceed isconferred by statue and the manner of
obtaining jurisdiction ismandatory, the same shall be
strictly complied with, or theproceedings will be utterly
void
APPLICATION MUST BE ACCOMPANIED BY SURVEY PLAN AND
APPLICANTS MUNIMENT OF TITLE
It is required that the application for registration must
beaccompanied by a survey plan of the land duly approved
by theDirector of Lands, together with the claimants
muniments of titleto prove ownership
No plan or survey may be admitted in land
registrationproceedings until approved by the Director of
Lands
The primary purpose of the aforesaid requirement is to fix
theexact or definite identity of the land as shown in the
plan andtechnical descriptions
The LRA has no authority to approve original survey plans
nor tocheck the correctness thereof
The clerk of court shall not accept application unless it is
shownthat the applicant has furnished the Director of
Lands with a copyof the application and annexes
Causes for Denial of Application
1.

2.

The clerk of court shall not accept any application


unless it is shown that the applicant has furnished the
Director of Lands with a copy of the application and
all annexes.
Section 14: application was not sworn to and
submitted the court not having jurisdiction to the
same.

Compared with ordinary procedure:


CRIMINAL: File affidavit-complaint in office of prosecutor.
No need to furnish defendant. Office of prosecutor will file
summons or dismiss it outright.
CIVIL: File complaint with clerk of court, it will be raffled.
Still no need to furnish defendant copy. (court can dismiss
motu proprio, and it cannot be used to harass).
In LAND REGISTRATION: The clerk of court shall not accept
any application unless it is shown that the applicant has
furnished the Director of Lands with a copy of the
application and all annexes.
st

1 Exam Question:
Which of the ff. will NOT be considered in the delegated jurisdiction
of the MTC in land registration proceedings?
a. affidavit of the claimant
b. agreement of the claimants (unopposed)

Manresa 2012-2013

c. tax declaration of the property (assessed value: kuhaon


sa city treasurer)
d. Market value (ANSWER)
Which of the ff will be considered in determining the delegated
jurisdiction of the MTC in land registration proceedings?
a. Statements made by claimants in their answer or
opposition
b. Residence of the applicant
c. Tax declarations of the property: assessed value
d. Full market value
Which of the ff can be taken cognizance by MTC:
a. Application for land registration of lot being
contested by 2 claimants, the assessed value being
P150,000
b. Application for land registration of uncontested lot,
the assessed value being P120,000-value not
necessary if uncontested
c. Application for cancellation of title- NO, nolonger
original land registration case but subsequent
registration, MTC has no jurisdiction
d. Application for foreclosure mortgage, value of the
land being P20,000- same as C. NO>
Land titles Sept 6
Process for original registration. We have gone over the first 2
steps in what will happen when you apply original registration plan.
So the next step would be that..
3. Setting of date for initial hearing by the court;
4.

Transmittal of Application and date of initial hearing


together with all documents or other evidences
attached thereto by the Clerk of Court to the Land
Registration Authority;

5.

Publication of Notice of Filing of Application and date


and place of hearing once in the Official Gazette and
once in a newspaper of general circulation in the
Philippines;

B. PUBLICATION, OPPOSITION AND DEFAULT


Section 23. Notice of initial hearing, publication, etc. The court shall,
within five days from filing of the application, issue an order setting
the date and hour of the initial hearing which shall not be earlier
than forty-five days nor later than ninety days from the date of the
order.
The public shall be given notice of the initial hearing of the
application for land registration by means of (1) publication; (2)
mailing; and (3) posting.
1. By publication.
Upon receipt of the order of the court setting the time for initial
hearing, the Commissioner of Land Registration shall cause notice of
initial hearing to be published once in the Official Gazette and once
in a newspaper of general circulation in the Philippines: Provided,
however, that the publication in the Official Gazette shall be
sufficient to confer jurisdiction upon the court. Said notice shall be
addressed to all persons appearing to have an interest in the land
involved including the adjoining owners so far as known, and "to all
whom it may concern". Said notice shall also require all persons
concerned to appear in court at a certain date and time to show
cause why the prayer of said application shall not be granted.

The public shall be given notice of hearing of the application for land
registration by means of 3 modes
1. publication,
2. mailing and
3. posting.
With respect to PUBLICATION,Upon receipt of the order of the
court setting the time for initial hearing, the Commissioner of Land
Registration shall cause notice of initial hearing to be published once
in the Official Gazette and once in a newspaper of general

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Land Titles and deeds 2nd Exam

circulation in the Philippines: Provided, however, that the


publication in the Official Gazette shall be sufficient to confer
jurisdiction upon the court. Said notice shall be addressed to all
persons appearing to have an interest in the land involved including
the adjoining owners so far as known, and "to all whom it may
concern"-that is that part of the notice that would bind the whole
world regarding land registration proceedings, Said notice shall also
require all persons concerned to appear in court at a certain date
and time to show cause why the prayer of said application shall not
be granted. So within that given period any interest party may his
opposition to the petition for original registration. (OPPOSITION TO
THE APPLICATION FOR ORIGINAL REGISTRATION)
Section 19.Amendments. Amendments to the application
including joinder, substitution, or discontinuance as to
parties may be allowed by the court at any stage of the
proceedings upon just and reasonable terms.
so its the policy of the land registration law to allow amendments in
the applications so that it would be easier to adjudicate the
application instead of requiring the party to file the same application
because he has to change something therein. Now a question is,
would amendments require publication all over again? The answer is
it would depend on the nature of the amendment introduced by the
applicant.
Amendments which consist in a.)a substantial change. B.)
an increase in area applied for or C.) which involves
inclusion of an additional land shall be subject to the same
requirements of publication and notice as in an original
application. Without the new publication, the court cannot
acquire jurisdiction over the added area the decision of the
court would be a nullity insofar as the decision concerns
the newly included land.
REMEMBER: Again, amendments are favored in any of the laws that
we are going to encounter later on including in civil procedure
amendments are always favored but because there is that
requirement of publication in land registration proceedings, would
that amendment require publication all over again? The ans is it
depends on the type of amendment, because if the amendment
consists in a substantial change in the boundaries, an increase in the
land applied for or an inclusion of additional shall be subject to a
new publication and notice as in an original application. Now why is
that? Let us suppose you are applying for an original registration of
land consisting of 200 sqm and let us also suppose that you want to
amend it, buhaton nimu 250 sqm and let us suppose also that there
is no publication requirement, so what is the adverse effect there?
You can easily skirt opposition from other parties. Ang imuhan sigbit
na yuta 200 sqm gihapon but in your application ang nakabutang
250sqm nganawat nka ug area sa imung neighbor, Whats the
problem there? If you do not cause publication or does not give
rd
notice to an interested 3 persons, what would happen? Saun ra
kaau pagkawat ug yuta na dili imo. Thats why the rule is when you
not publish an amendment which substantially changes the
boundaries or increase the area applied for or involves the inclusion
of additional land the lack of publication is lack of notice and when
there is no notice, there is also no jurisdiction over the increase in
area.
But for example your application is one that does not increase, the
amendment is merely formal such as a mere change in the name of
the applicant it does not require publication anymore. A substitute
of name or a mere decrease in area can be made by mere filing of
motion in court. So you distinguish, if it adds to what you apply,
there has to be publication, without publication, in effect there is no
jurisdiction in the increase in area or in the additional land youre
applying for but if it does not include or it does not increase
whatever it is you are applying for in registration such as change of
name of applicant, or substitution of new owner for example, an
applicant, siya ang owner, ng,apply siya ug registration na.baligya
niya in the meantime, you dont have to publish, that person who
succeeds as the new owner would become the new applicant in the
petition without need of publication, and ma mere decrease in area
can be made by a mere filing of a motion.
NOTICE BY MAILING

Manresa 2012-2013

2. By mailing.
(a) Mailing of notice to persons named in the application. The
Commissioner of Land Registration shall also, within seven days after
publication of said notice in the Official Gazette, as hereinbefore
provided, cause a copy of the notice of initial hearing to be mailed to
every person named in the notice whose address is known.
(b) Mailing of notice to the Secretary of Public Highways, the
Provincial Governor and the Mayor. If the applicant requests to have
the line of a public way or road determined, the Commissioner of
Land Registration shall cause a copy of said notice of initial hearing
to be mailed to the Secretary of Public Highways, to the Provincial
Governor, and to the Mayor of the municipality or city, as the case
may be, in which the land lies.
(c) Mailing of notice to the Secretary of Agrarian Reform, the
Solicitor General, the Director of Lands, the Director of Public Works,
the Director of Forest Development, the Director of Mines and the
Director of Fisheries and Aquatic Resources. If the land borders on a
river, navigable stream or shore, or on an arm of the sea where a
river or harbor 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 that of the applicant, notice of the initial hearing shall be given in
the same manner to 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 may be appropriate.

Then you have also to give notice by means of mailing. What do you
give notice of? It is the initial hearing. It is also mailed by the
commissioner within 7 days of publication to a.) persons named in
the application, kato ning imuhang gi.reveal sa land registration in
your application, your neigbors, debtors, naa bay ng.encumber sa
property na imung gi.apply you include that, and that would be
given notice of the initial hearing by mailing not by you but by the
commissioner of land registration. The sec. of public highways, the
provincial governor and mayor, the sec of agrarian reform, solgen,
director of lands, the director of public works, director of forest devt
, dir of mines and dir. Of fisheries and acquatic resources all
directors here are included. The question is why? And perhaps a
corollary question to that, For subsequent registration meaning dili
na ta OCT were talking about TCT kinahanglan p ba ning ingani na
klase na mailing? The answer is no more, why? Because here, you
are placing a track of land under the torrens system for the first
time. Which means that the govt for instance the secretary of public
works must be sure that what you are applying for is not public land,
or public road or a public bridge. The provincial governor/mayor,
why? Because its possible that that property is own by the municipal
or provincial govt or it could be that it is subject to the power of
local govt of eminent domain. The sec of agrarian reform, in cases
where the property is actually agrarian in nature or is agricultural.
The solicitor general being the lawyer for the govt so thats the
reason why we give notice to all of these directors.
3. By posting.
The Commissioner of Land Registration shall also cause a duly
attested copy of the notice of initial hearing to be posted by the
sheriff of the province or city, as the case may be, or by his deputy,
in a conspicuous place on each parcel of land included in the
application and also in a conspicuous place on the bulletin board of
the municipal building of the municipality or city in which the land or
portion thereof is situated, fourteen days at least before the date of
initial hearing.
The court may also cause notice to be served to such other persons
and in such manner as it may deem proper.
The notice of initial hearing shall, in form, be substantially as
follows:
(Caption and Title)
NOTICE OF INITIAL HEARING
To (here insert the names of all persons appearing to have an
interest and the adjoining owners so far as known, and to all whom
it may concern):

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Land Titles and deeds 2nd Exam

An application (or petition) having been filed in the above-entitled


case by (full name and address) praying for the registration and
confirmation (or for the settlement and adjudication, in case of
petition in cadastral proceedings) of title to the following described
lands:
(Insert description)
You are hereby served this notice to appear before this Court at its
session to be held at _________________ on the ______________
day of _______________, 19 ______, at _____________ o'clock in
the _________ then and there to present such claims as you may
have to said lands or any portion thereof, and to submit evidence in
support of such claim; and unless you appear at said Court at the
time and place aforesaid, your default will be recorded and the title
to the lands will be adjudicated and determined in accordance with
law and the evidence before the Court, and thereafter you will
forever be barred from contesting said application (or petition) or
any decree entered thereon.
Witness, the Hon. ________________________ Judge of the Court
of First Instance of _______ this _______ day of
_________________, in the year 19______.
Attest:
Commissioner of Land Registration

By posting- the commissioner on land registration shall also causesec.23 #3 all you have to remember is that notice of hearing shall be
published, mailed and posted. These are requirements of due
process, that everybody who may be interested in the property will
be apprised of the application for registration then if you have na
opposition, if you have a claim or interest in the property you may
therefore be heard.
6.

Service of Notice upon contiguous owners, occupants and


those known to have interest in the property by the sheriff;

what is term called contiguous owners mga sigbit na yuta mga tapat
sa imuha why? Because to be able to establish na wala ng encroach
sa boundaries or sa area na panag.iya sa imung mga silingan,
occupants? Because it could be that the property you are applying
for is agricultural in character, eg: it has an occupant, and for all you
know the occupant has a tenancy relationship with the previous
owner, so you have to consult them and whoever else that may have
interest in the property.
7.

Filing of Answer or Opposition to Application by any


person whether named in the notice or not;

Section 24. Proof of publication and notice. The certification of the


Commissioner of Land Registration and of the sheriff concerned to
the effect that the notice of initial hearing, as required by law, has
been complied with shall be filed in the case before the date of
initial hearing, and shall be conclusive proof of such fact.
Section 25. Opposition to application in ordinary proceedings. Any
person claiming an interest, whether named in the notice or not,
may appear and file an opposition on or before the date of initial
hearing, or within such further time as may be allowed by the court.
The opposition shall state all the objections to the application and
shall set forth the interest claimed by the party filing the same and
apply for the remedy desired, and shall be signed and sworn to by
him or by some other duly authorized person.
If the opposition or the adverse claim of any person covers only a
portion of the lot and said portion is not properly delimited on the
plan attached to the application, or in case of undivided coownership, conflicting claims of ownership or possession, or
overlapping of boundaries, the court may require the parties to
submit a subdivision plan duly approved by the Director of Lands.

Then under sec 25 Any person claiming an interest, whether named


in the notice or not, may appear and file an opposition on or before
the date of initial hearing, or within such further time as may be

Manresa 2012-2013

allowed by the court. The opposition shall state all the objections to
the application and shall set forth the interest claimed by the party
filing the same and apply for the remedy desired, and shall be signed
and sworn to by him or by some other duly authorized person. The
opposition must be verified, when you say verified, you have to
attest that what you included in your opposition is based on your
personal knowledge etc. (civpro)
Now look at when you may file the opposition, you may appear on
or before the date of initial hearing. If the opposition is not verified,
the court should not dismiss the opposition outright and instead
allow the oppositor to verify it that is the case of miller versus
Director of lands 12 scra 292. If the opposition or the adverse claim
of the person covers only a portion of the lot and the said portion is
not properly delimited on a plan attached to the application, or in
case of undivided co-ownership, conflicting claims of ownership or
possession or overlapping of boundaries, the court may require the
parties to submit a subdivision plan duly approved by the director of
lands.
So the situation is you apply for application and there is an oppositor
but opposition is only for a portion.let us suppose you have 2k sqm
and the oppositor is claiming only 100 sqm. Now, does it mean that
when the court requires parties to submit a subdivision plan duly
approved by the director of lands, nga approved na tagaan tong
oppositor ug 100 sqm? NO, because the court cannot impose that
the parties compromise, malay mo ng.atik2 lng tong oppositor. So
the court cannot say na para wlay samuk imu na nang 100sqm.
Now if that is the case then why is it that the court will require you
to submit a subdivision plan? (JOINT SURVEY FOR CLAIMANTS) So
that later on if the court finds that the opposition is proper and that
the oppositor really is entitled to the land, then it very easy now for
the court to declare in the same proceedings that the oppositor is
entitled and that this is the land he is entitled to. So again it is for
the purpose of judicial economy. Now if the court finds later on that
the oppositor is not entitled, what is the purpose of the subd plan?
Wla na, its a mere surplusage an later on the court will just decree
that the entire property is owned by the applicant-judicial economy.
Section 26. ORDER OF DEFAULT; EFFECT. If no person appears and
answers within the time allowed, the court shall, upon motion of the
applicant, no reason to the contrary appearing, order a default to be
recorded and require the applicant to present evidence. By the
description in the notice "To all 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

DEFAULT-failure to answer the complaint within the time fixed by


the rules usually 15 days from receipt of summons. Now if you look
at section 26, if no persons appears , what will happen? Should the
court wait for oppositors? NO, because by failure to appear during
the time of initial hearing it is as if everybody else in the world is not
interested in the application. Kay kung interesado ka mutugna ka,
mu.file ka ug opposition. The court will order a general default
against who? Against the whole world.(general default)
When youre defaulted, what will happen? You cannot participate in
the trial anymore you cannot present your evidence you can no
longer put forth your opposition.
Kung nay isa na tao na ni tubag, should the land registration treat
the appearance of that officer as the appearance of the entire
world? No, because that would be unfair you cannot take the
cudgels for everybody else so thats why wen u appear, good for
you, but for the rest of the world the court will enter a default order
barring them from presenting evidence.
Here when the court orders a default, it will require the applicant to
present evidence. Remember that. In land registration proceedings
in original registration, the court after declaring a default should still

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require the applicant to present evidence. Why? Because when you


grant a land registration proceeding an application for original
registration, that is a derogation of the Regalian Doctrine it is a
derogation of the states dominion over all lands and therefore it
cannot be awarded on the basis alone on the application without
requiring the applicant to present evidence.
Next question, if the whole world is already defaulted, because no
one appeared during initial hearing, does it mean that the applicant
already wins automatically? No, because the evidence may still be
insufficient. Recall sec. 14 par 1 par2 requirements. You have to
prove that, now if you cannot prove it, will the court grant even if
the whole world is defaulted? NO, so thats the reason why there is
no judgment in sec 26 as compared with civil procedure.
What is the remedy of a defaulted oppositor? File a verified motion
to set aside order of default under rule 9 sec 3 of the rules of courtLike in civpro. Grounds: fraud, accident, mistake, excusable
negligence and that you have a meritorious proposition Eg.
neighbors man mo cge uban ta sabay ta adto korte, anyway were
going to same place, the same court unya gidala sa lain lugar, nawala
ka, you were not able to present evidence on account of fraud,
mistake of fact not mistake of law, excusable negligence is the last
ground, either of these grounds can be used to lift or set aside an
order of default under rule 9 section 3 provided you have a
meritorious proposition that really you have the right to the
property and you can prove it, and in fact you have to put there in
your application an affidavit of merits stating that you really have a
meritorious defense.
If you are the applicant nay ng file ug motion to dismiss karon,
ipa.dismiss ka, or if you are the oppositor ang applicant ng.ingon na
that the opposition has no basis in law thats why im going to file a
motion to dismiss it. Yes a motion to dismiss application or motion
to dismiss opposition is allowed even though this motion is not
specifically referred to under pd 1529 it is allowed because of the
suppletory application of the rules of court in land registration cases.
Were referring to rule 16 of the rules of court what are the grounds
for dismissal under the rules of court for instance, ikaw ang ng,apply
for registration sa imung property karon gi.claim sa imuhang
neighbor as oppositor. Ang iyang claim is gi.baligya nimu na
applicante ang yuta sa iyaha the problem with his opposition is that
ang alleged sale that took place between applicant na oppositor is
not in writing, was made orally, can you file a motion to dismiss if
you are the applicant, a motion to dismiss the opposition file by your
neighbor? The answer is Yes, on ground that his claim, his
opposition is unenforceable under the statute of Frauds, so that
would apply as well; you can file a motion to dismiss an application
or opposition.
8. Hearing of the case by the court;
NOTE: Republication or amendment of technical
description of land is necessary when there is substantial
increase or change of the area of the land. If increase is
merely minimal, no republication is needed (Benin v.
Tuason. GR. No.L-26127. June 28, 1974).
9. Promulgation of judgment by the court;
10. Issuance of decree or order by the court declaring the
decision final and instructing the Land Registration
Authority to issue a Decree of Confirmation and
Registration;
NOTES: it is not the court BUT the LRA which issues the
decree of confirmation and registration
1 year after issuance of decree, it becomes
incontrovertible and amendments of the same will not be
allowed except merely in case of clerical errors.
11. Entry of Decree in the Land Registration Authority;
NOTE: This serves as the reckoning date to determine the
1-year period from which one can impugn the validity of
the registration.
12. Sending of copy of Decree to the corresponding Register
of Deeds; and
13. Transcription of Decree in the registration book and
issuance of Owners Duplicate Original Certificate of Title
of the applicant by the Register of Deeds upon payment of
the prescribed fees.

Manresa 2012-2013

C. HEARING JUDGMENT AND DECREE OF REGISTRATION


Section 27. Speedy hearing; reference to a referee. The trial court
shall see to it that all registration-proceedings are disposed or within
ninety days from the date the case is submitted for decision,
The Court, if it deems necessary, may refer the case or any part
thereof to a referee who shall hear the parties and their evidence,
and the referee shall submit his report thereon to the Court within
fifteen days after the termination of such hearing. Hearing before a
referee may be held at any convenient place within the province or
city as may be fixed by him and after reasonable notice thereof shall
have been served the parties concerned. The court may render
judgment in accordance with the report as though the facts have
been found by the judge himself: Provided, however, that the court
may in its discretion accept the report, or set it aside in whole or in
part, or order the case to be recommitted for further proceedings:
Then after that there is this hearing of the case now in the rtc that is
the general rule . Now , what do you need to prove during the
hearing of the application? In other words, what evidence do you
need to present.
First is to prove that the land is alienable and disposable, has been
withdrawn from public use and is therefore registrable because you
need to prove that this is alienable disposable land of the public
domain that is no longer considered as property of public opinion
and that it had already been withdrawn from public use, how do you
prove that? You prove that by again presenting a certification from
the DENR or CENRO stating that the land has been withdrawn from
public use that it is classified as alienable and disposable land of the
public domain.
Next, proof of identity of the land, how do you prove the identity of
the land? By means of the survey that is conducted, by means of the
tracing cloth plan or the blueprint thereof, that is how you prove the
identity of the land to set it apart from lands belonging to another
person now if youve seen a land title you will look at the identity of
the land as the one included in the certificate of title. Kana bitaw
mga bounded in the south by a river, north, east and west, degree
of longitude , latitude that would be included so that when you plot
those points youll be able to come up with a land that is contiguous
and at the same time complete in itself. Now imagine, lets say
ng.drawing na ka unya dili ma.connect ang lots, what does it mean?
Kulang ang proof of identity of land kulang ang technical description
in that case it should be amended accordingly.
Then, proof of acquisition of ownership under section 14 whats your
monument of title? Was this given to you by donation? By way of
onerous contract such as a sale? Etc; or if it is prescription that is
your proof of acquisition then you have to produce evidence how
long na ba ka na naa dinha sa property. And if it goes before 1945,
tax declaration on property, etc then you have already proven sec14
par 1 and if it through prescription 10 yr or 30 yrs as the case may be
so that is what you need to specifically prove and allege during
Hearing of the case by the rtc now kini tanan nka.attach na
petition ideally, identity of land tracing cloth plan survey, proof of
ownership everything should be attached already for your
application for original registration
Section 28. Partial judgment. In a case where only a portion of the
land subject of registration is contested, the court may render
partial judgment provided that a subdivision plan showing the
contested and uncontested portions approved by the Director of
Lands is previously submitted to said court.
then the trial court will promulgate its judgment. It can be a full
judgment on merits or a partial judgment. When you say full
judgment on the merits it means your application has either been
denied or approved by the rtc. Are you entitled? Yes, therefore I am
awarding you. But there can be partial judgement. Under section
28, in a case where only a portion of the land is contested, the court
may render partial judgment provided that a subdivision plan
showing the contested and uncontested portions approved by the

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Manresa 2012-2013

director of lands is previously submitted to said court. So lamang ka


kung mas daku ang imuhang claim kumpara sa imong oppositor
because you are entitled to partial judgement. On this step pwede
na patituluhan, sa mga contested there is that partial judgment.the
court will not any decree entitled land in contested portion.

of court so the clerk of court would now receive the evidence for the
plaintiff. What about in land registration proceedings whats the
difference there? Here the court event if there is already a default
order, it cannot render judgement on the basis of the application
but it must of necessity require the applicant to present evidence.

Section 29. Judgment confirming title. All conflicting claims of


ownership and interest in the land subject of the application shall be
determined by the court. If the court, after considering the evidence
and the reports of the Commissioner of Land Registration and the
Director of Lands, finds that the applicant or the oppositor has
sufficient title proper for registration, judgment shall be rendered
confirming the title of the applicant, or the oppositor, to the land or
portions thereof.

Third distinction, if you win in an ordinary civil action, daug na nka.


The court has already rendered judgement declaring the defendant
liable to you for lets say 100k question-pag daug b nimu makuha ba
nimu daun imung kwarta? No, only the sheriff can enforce judgment
by means of 1.) a motion for execution and subsequently a writ of
execution. So its the sheriff that can implement the judgment, now
what about in a land registration case? Here it is automatically and
immediately executory. when the court orders the land registration
authority to issue a decree of registration, you dont have to file for
motion for a writ of execution because the duty to execute the
judgment is ministerial. So those are the distinctions between civil
cases and land registrations.

Section 30. When judgment becomes final; duty to cause issuance of


decree. The judgment rendered in a land registration proceedings
becomes final upon the expiration of thirty days to be counted from
the data of receipt of notice of the judgment. An appeal may be
taken from the judgment of the court as in ordinary civil cases.
After judgment has become final and executory, it shall devolve
upon the court to forthwith issue an order in accordance with
Section 39 of this Decree to the Commissioner for the issuance of
the decree of registration and the corresponding certificate of title
in favor of the person adjudged entitled to registration.

Now if you would recall our earlier lecture, how would you describe
the nature of the duty of the LRA to issue a decree of registration? It
is ministerial but as a general rule in Gomez versus CA Dec 15
1988, the duty of the respondent LRA officials to issue the decree is
purely ministerial. It is ministerial in a sense that the act under
orders of the court and the decree must be in conformity with the
decision of the court and with the data found in the record, and they
have no discretion in the matter. So if there is really no problem if
there really is no issue as to whether or not a decree of registration
should be issued by the LRA, the duty is ministerial it cannot tell the
court that No, I will not issue the decree of registration. Because it
is always subject to the power of the court Its the court that can
order the LRA to issue the decree of registration and because the
duty is ministerial

A.
-

The first distinction, when you file a complaint in an ordinary civil


case, what happens? Do you to furnish your defendant a copy of
your complaint? The ans is No, you do not make a copy furnishing. It
will be the court that will issue summons together with a copy of the
complaint to the defendant. What about in Land registration
proceedings? Remember that there is this duty on the part of the
applicant to furnish a copy of his application together with its
attachment to the Land registration authority without proof that
you have furnished that copy the court will deny the application. So
when you already furnished, it will be given due course already,
notices will be set by the court.
Second, in an ordinary civil case if no defendant appears, if no
defendant files an opposition, the court has 2 options, one would be
to render judgment based on the pleadings of the plaintiff but
cannot award liquidated damages or 2) it may require the plaintiff to
submit his evidence and that evidence can be delegated to the clerk

MINISTERIAL in the sense that they act under the ORDERS OF THE
COURT and the decree must be in conformity with court judgment
and with the data found in the record. In this case, THEY HAVE NO
DISCRETION.
HOWEVER, IF THEY ARE IN DOUBT they are duty bound to REFER
MATTER BACK TO COURT. This time, they exercise JUDICIAL
function; they act, in this respect, as court officials and not as
administrative officials. THEIR ACT THEN IS THE ACT OF THE COURT.
GOMEZ VS. CA

In the case of Rep vs.Nilias Jan 23,2007, upon the finality of the
decision adjudicating ownership no further step is required to
effectuate the decision, it being a ministerial duty exists on the part
of the LRA to issue the decree of registration it is precisely because
PD 1529 does not specifically for execution of judgment in the sense
ordinarily understood and applied in civil cases, the reason being
there is no need for the prevailing party to apply for a writ of
execution in order to obtain land title rule 39 of civil procedure is
not applicable to land registration cases in the first place.
With this, let me recap what we already know, How would we
distinguish land registration proceedings on one hand, and ordinary
civil actions on the other hand. Ordinary civil actions meaning when
you file civil case in court, collection of sum of money etc, then you
have land registration proceedings.

Duty of LRA
Cases:Gomez versus Ca;
DUTY OF ADMINISTRATOR OF LRA TO ISSUE DECREE

Land registration officials in issuing land registration is performing


only PURELY MINISTERIAL.
But cases after Gomez would say that it is ministerial only in the
sense that it has no discretion whatsoever what to put in that
decree of registration. LRA has no authority to say that we believe
that land should be 15 has, etc. no discretion to substitute its
own determination of the metes and bounds of lands with that of
the court! Everything that LRA would do should be in conformity
with the court! If does something not in accordance with order of
the court, it can be compelled by mandamus!
**Book is misleading because it would tell you that since it is
ministerial if you do not issue you can be compelled by
mandamus under Rule 65!

ATTY. ESPEJO WISDOM


OTHER INSTANCES When LRA IS COMPELLED BY MANDAMUS
1.

When there is no doubt or no dispute regarding the issuance of the


decree of registration
It has the right not to issue and subs. A certificate of title if there is
DOUBT that is when they refer the matter back to court. Court will
decide. They are acting as officer of the court JUDICIAL
FUNCTION CANNOT BE COMPELLED BY MANDAMUS.
REPUBLIC OF THE PHILIPPINES V. NILLAS

Once a decision is issued by the court, NO NEED TO FILE A MOTION


FOR EXECUTION to effectuate such decision because there exists a
MINISTERIAL DUTY for land registration court to order issuance of,
and for LRA to issue, the decrees of registration.

2.

When the decision of the land registration court has already


become FINAL AND INCONTROVERTIBLE
EXCEPTION: GOMEZ VS. CAif LR officials are in doubt, they are not
to deny it outright, but REFER MATTER BACK TO COURT. They have
to extend assistance to courts in ordinary and cadastral land

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registration proceedings.

right sought to be enforced is in substantial doubt or dispute, as in


this case, mandamus cannot issue.

SPOUSES LABURADA VERSUS LRA MARCH 11, 1998


1.
LABURADA VS. LRA
2.
-

Spouses laburada filed SVA of mandamus against LRA saying na their


job is ministerial. LRA said that there is possibility that if it issues the
title, it would be erroneous as the subject property has already been
issued prior to that. So kung mag-issue sila duplication na!
Contention: 15 days have lapsed, decision is already final and
executor; LRA duty is ministerial; since LR proceedings are proc in
rem, it binds the whole world.
ISSUE: is mandamus the proper remedy?

Manresa 2012-2013

Review:
The duty to issue DOR can be considered MINISTERIAL if there is no
doubt or dispute can be compelled
Ministerial if judgment is final and incontrovertible MANDAMUS
IF There is no doubt ( if decreed in the land of another) refer
matter back to court. Not merely administrative, as it is an act of
court cant be compelled by mandamus.
What is consequence of characterization that it is ministerial? WON
it can be compelled by mandamus.

SUPREME COURT:
MANDAMUS IS NOT THE PROPER REMEDY FOR 3 REASONS:
1.

Petitioners contention is not correct. Unlike ordinary civil actions,


the adjudication of land in a cadastral or land registration
proceeding does not become final, in the sense of incontrovertibility
until after the expiration of one (1) year after the entry of the final
decree of registration. This Court, in several decisions, has held that
as long as a final decree has not been entered by the Land
Registration Commission (now NLTDRA) and the period of one (1)
year has not elapsed from date of entry of such decree, the title is
not finally adjudicated and the decision in the registration
proceeding continues to be under the control and sound discretion
of the court rendering it

2.

Second: AVoid Judgment Is Possible


That the LRA hesitates in issuing a decree of registration is
understandable. Rather than a sign of negligence or nonfeasance in
the performance of its duty, the LRAs reaction is reasonable, even
imperative. Considering the probable duplication of titles over the
same parcel of land, such issuance may contravene the policy and
the purpose, and thereby destroy the integrity, of the Torrens
system of registration.
.In Ramos vs. Rodriguez, this Court ruled that the LRA is mandated
to refer to the trial court any doubt it may have in regard to the
preparation and the issuance of a decree of registration. In this
respect, LRA officials act not as administrative officials but as officers
of said court, and their act is the act of the court. They are
specifically called upon to extend assistance to courts in ordinary
and cadastral land registration proceedings.
True, land registration is an in rem proceeding and, therefore, the
decree of registration is binding upon and conclusive against all
persons including the government and its branches, irrespective of
whether they were personally notified of the application for
registration, and whether they filed an answer to said application.
Thus, the LRAs refusal to issue a decree of registration is based on
documents which, if verified, may render the judgment of the trial
court void.

3.

Third: Issuance of a Decree Is Not a Ministerial Act


The issuance of a decree of registration is part of the judicial
function of courts and is not a mere ministerial act which may be
compelled through mandamus.
the issuance of the final decree can hardly be considered a
ministerial act for the reason that said Chief of the General Land
Registration Office acts not as an administrative officer but as an
officer of the court and so the issuance of a final decree is a judicial
function and not an administrative one
Indeed, it is well-settled that the issuance of such decree is not
compellable by mandamus because it is a judicial act involving the
exercise of discretion. Likewise, the writ of mandamus can be
awarded only when the petitioners legal right to the performance
of the particular act which is sought to be compelled is clear and
complete. Under Rule 65 of the Rules of Court, a clear legal right is a
right which is indubitably granted by law or is inferable as a matter
of law. If the right is clear and the case is meritorious, objections
raising merely technical questions will be disregarded.But where the

So this is an important provision what will be the contents and


effects of t a decree of registration. For that you now have section
31.
Section 31. Decree of registration. Every decree of registration
issued by the Commissioner shall bear the date, hour and minute of
its entry, and shall be signed by him. It shall state whether the
owner is married or unmarried, and if married, the name of the
husband or wife: Provided, however, that if the land adjudicated by
the court is conjugal property, the decree shall be issued in the
name of both spouses. If the owner is under disability, it shall state
the nature of disability, and if a minor, his age. It shall contain a
description of the land as finally determined by the court, and shall
set forth the estate of the owner, and also, in such manner as to
show their relative priorities, all particular estates, mortgages,
easements, liens, attachments, and other encumbrances, including
rights of tenant-farmers, if any, to which the land or owner's estate
is subject, as well as any other matters properly to be determined in
pursuance of this Decree.
The decree of registration shall bind the land and quiet title thereto,
subject only to such exceptions or liens as may be provided by law. It
shall be conclusive upon and against all persons, including the
National Government and all branches thereof, whether mentioned
by name in the application or notice, the same being included in the
general description "To all whom it may concern".
Why? Because there are implications under the law in the
description of letter it is conjugal , immediate property so
kinahanglan nato i-divulge na ang marital status sa applicants
provided however if the land adjudicated by the court is conjugal
property the decree shall be issued in the name of the spouses and
that should be interpreted to read also include community property.
If the owner is under disability, it shall state the nature of disability,
and if a minor, his age. It shall contain a description of the land as
finally determined by the court, and shall set forth the estate of the
owner, and also, in such manner as to show their relative priorities,
all particular estates, mortgages, easements, liens, attachments, and
other encumbrances, including rights of tenant-farmers, if any, to
which the land or owner's estate is subject, as well as any other
matters properly to be determined in pursuance of this Decree. It
simply means that the land must be particularly described by
specific means and bounds the technical description ang tawag nato
diha nakabutang and if there are impositions found to be proper by
the court such as there is a finding that the property has been
previously mortgaged prior to registration that should be included,
easements,lieans attachments and other encumbrances that should
be included in the decree of registration .
Now to the effects.The decree of registration shall bind the land
and quiet title thereto, subject only to such exceptions or liens as
may be provided by law. It shall be conclusive upon and against all
persons, including the National Government and all branches
thereof, whether mentioned by name in the application or notice,
the same being included in the general description "To all whom it
may concern". Now this is the third time nga ginaremind ta sa PD
1529 of the binding effect of the Land Registration Proceedings diba
in the notice you can find that To Whom it May Concern if you do
not appear youre bound. If you do not oppose , youre still bound.

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Ok? and then you have in PD 1529 what you call that another
mention of this To Whom it May Concern by putting forth unsa ba
gyud ang nakabutang sa initial notice of hearing and then finally you
have here Section 31 going back to the general description To
Whom it May Concern.
So what are the important documents that we have generated so
far, looking at the procedure for Land Registration. First, would be
the judgment of the court, which if already final is the basis of the
order directing the commissioner to issue the corresponding decree
of Registration and Certificate of Title so the judgment of the court
awards the land to you that youre entitled to have a Certificate of
Title issued in your name but that is not the order itself that would
direct the commissioner to issue the corresponding Decree of
registration and then later on a Certificate of Title lahi pud na siya.
Because you have to wait when the judgment of the court has
already become final and executory and for that purpose, unsa man
ni? Katong 40 day period this is not final and executor on the point
of view of indefeasibility but merely katong 40 days.
So kung walay appeal after those 40 days the court will now order
the Commissioner or issue an order directing the Commissioner to
issue a corresponding decree of registration. Of course under
Section 31, you have a Decree of Registration itself and finally the
Certificate of Title which is for all intents and purposes a mere
transcript of the Decree of Registration. Ok?
Then after the Decree of Registration, the Decree of Registration will
be entered in the Land Titles Administration Records, a copy of the
decree would now be sent to the Register of Deeds of the place
where the land is situated. The Decree of Registration will now be
transcribed by the Register of Deeds in his/her registration book.
Ok? And finally, the issuance of the Owners Duplicate Original
Certificate of Title to the applicant by the Land Registration
Authority upon payment of the prescribed fees.
Ok? So thats how you get from point 1to the last point in land
registration proceedings ok? Beginning from the application, what
precedes the application? The collection of proof that you have
there has to be a survey, there has to be tracing of land? etc. until
such time when the Duplicate Original Certificate of Title is issued
on the land owner.
REMEDIES
Section 32. Review of decree of registration; Innocent purchaser for
value. The decree of registration shall not be reopened or revised by
reason of absence, minority, or other disability of any person
adversely affected thereby, nor by any proceeding in any court for
reversing judgments, subject, however, to the right of any person,
including the government and the branches thereof, deprived of
land or of any estate or interest therein by such adjudication or
confirmation of title obtained by actual fraud, to file in the proper
Court of First Instance a petition for reopening and review of the
decree of registration not later than one year from and after the
date of the entry of such decree of registration, but in no case shall
such petition be entertained by the court where an innocent
purchaser for value has acquired the land or an interest therein,
whose rights may be prejudiced. Whenever the phrase "innocent
purchaser for value" or an equivalent phrase occurs in this Decree, it
shall be deemed to include an innocent lessee, mortgagee, or other
encumbrancer for value.
Upon the expiration of said period of one year, the decree of
registration and the certificate of title issued shall become
incontrovertible. Any person aggrieved by such decree of
registration in any case may pursue his remedy by action for
damages against the applicant or any other persons responsible for
the fraud.

Now lets go to a more important topic in land registration law and


that would be remedies and mind you the bulk of questions before
when the examination was still purely essay type in the bar would
be remedies so we need to pay particular attention here. The
syllabus for the 2011 Bar examination the Bar Committee made a
recommendation not to focus on remedies that are already

Manresa 2012-2013

appropriately discussed in other subjects of the law. In Remedial law


for instance In Civil Procedure you have there remedies of Motion
for reconsideration, Motion for New trial, Appeal and Petition for
Relief from Judgment under Rule 38 of the Rules of Court . Ok?
he problem with that is youre still in second year first sem(emphasis
haha) wala pa tay alamags aning remedial law or civil procedure so
we have to discuss them at least man lang in passing but whatever
we discuss now, if Im still your professor next semester (kung naa
pa ta diri haha) I will reinforce that in Civil Procedure so prior to the
issuance y to the Decree of Registration again you have to look at
the periods ha, you have Judgment of the Court and then when it
becomes final and executory the and theres no appeal, the court
will now order the Land Registration Authority to issue the Decree of
Registration, so before that or during that period what are the
remedies? You may file a Motion for Reconideration, a Motion for
New Trial or you can appeal it thru the Court of Appeals diba
whether the court that rendered the judgment is RTC or MTC in its
delegated jurisdiction , you still have to appeal to the Court of
Appeals ok? Then finally you have the Petition for Relief from
Judgment under Rule 38 of the Rules of Court. Lets go over them
one by one although medyo pahapyaw lang cause this is not the
proper time to discuss this.( undangan nalang unta nato ni haha)
This is better discussed in Civil Procedure
First would be under Rule 37, Motions for New Trial or
Reconsideration. Within the period for taking an appeal which is
normally just 15 days Ok? 15 days when your mode of appeal is
ordinary appeal or 30 days in the case where there is a record of
appeal that is required. Usually a record of Appeal is required in
special proceedings also in cases where multiple appeals are
allowed. An example of a case where multiple appeals are allowed
would be expropriation cases. Exercise of the governments power
of eminent domain. First, final judgment there would be declaring
that the entry of the government into the property the
expropriation itself is proper and theres a lawful exercise of the
power of eminent domain thats the first one, from that moment on
you can appeal immediately to the Court of Appeals ok? Second part
of an eminent domain case is the payment of just compensation so
let us suppose na you appeal unya pildi ka sa appeal , the court
decrees that there is a proper exercise of the right of eminent
domain so the next part would be determining just compensation
pilay ibayad sa imo sa gobyerno kay gikuha imong yuta. So di ka
satisfied you can still appeal that . In that case kinahanglan nato ug
record of appeal. Now the aggrieved party may move the trial court
to set aside the judgment or final order and grant a new trial so its a
trial de novo going back to the presentation of evidence for one or
more of the following causes materially affecting the substantial
rights of the said party.
So first will be
a. fraud, accident, mistake or excuseable negligence the
same grounds that we have discussed when we were
discussing default ok? When I compared default in
ordinary judicial cases and in land registration cases ok?so
human nato atong discussion diha . Which ordinary
prudence could not have barred him against and by use of
which such aggrieved party has probably been impaired by
such . So
it prevented lets say defendant from
participating in trial that is naturally extensive fraud giliba
ka nga di nalang ka mupresent ug evidence accident,
mistake, or excuseable negligence well go to that when
we go to second semester( hehe pwede fast forward)
Newly discovered evidence which you could not with
reasonable diligence have discovered and produced at the
trial and which if presented would probably alter the
results so the situation that I want you to take not of is this
A is the father of B naa silay silingan sikbit na yuta si C . C
filed for original registration of his own property and
because they believed that C was the owner they did not
oppose even if they are adjoining owners diba wala sila
niile ug opposition. A died , katong papa namatay and was
the only time when B discovered in the will of A that A had
already bought the property of C and in fact attached in
the will although I don know how that will happen but
attached in the will meaning included in the files of the

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deceased would be the Deed of Sale between C and the


deceased A. So as the sole heir of A , B is entitled to the
land now thats newly discovered evidence let us suppose
that at that time theres already a judgment declaring C
the owner of that land and kulang na lang would be the
issuance of the Decree of Registration but its within or
prior to the issuance of the Decree of Registration whats
the remedy you can file for a Motion for New Trial on the
gound of newly discovered evidence . because of that the
result of the trial which is adjudging C to be the owner of
the property is altered kay dili na diay siya ang owner sa
property thats newly discovered evidence.
Next paragraph within the same period the aggrieved
party may also move for a motio for reconsideration upon
the grounds that the damages awarded are excessive is
that applicable in Land registration proceedings answer is
No ok? Because youre not praying for damages when you
apply for land registration.
That the evidence is insufficient to issue or justify the
decision or final order thats also a viable ground for
instance diba you need to prove using your munuments of
title how did you acquire the property? If you acquired the
property by preyscription, how do you prove the amount
of time that you have possessed the property. If the
evidence is insufficient you can
file a motion for
reconsideration and finally that the decision of the trial
court is contrary to law an example of that would be when
there is a judgment entitling the applicant for ahh
registration however that property has been previously
subjected under the Torrens System or to the operation of
the Torrens System so that is contrary to law you can file a
Motion for Reconsideration of that decision of the Land
Registration Authority.
Then you have appeal under Rule 41 there are three modes of
appeal ordinary appeal, petition for review appeal by certiorari. peti
Lets go first to ordinary appeal this is usually what we do and
the usual period there would be 15 days as well. Were talking here
about the RTC ok? To the thats Rule 45 Rule 40 is appeal from the
MTC to the RTC but remember that Court of Appeals you appeal the
decision of the MTC when it is exercising its delegated jurisdiction in
Caddastral Land Registration Proceedings you appeal that to the
Court of Appeals in the same manner as you appeal the decisions of
the RTC so you apply Rule 41 and you have also petition for Review
and again no before that the second sentence of letter a No Record
of appeal shall be required except as I said special proceedings and
other cases of multiple or separate appeals where the law permits
to do so requires. I already gave you the examples to that.
Petition for Review the appeal to the Court of Appeals in cases
decided by the Regional Trial Court in the exercise of its appellate
jurisdiction shall be by Petition for Review in accordance with Rule
42 this is not a viable remedy. Just presenting here the entire Codal
provision but this is not a proper remedy because when the RTC
exeresces or acts as a Land Registration Court it is exercising its
original and special jurisdiction not an appellate jurisdiction over the
decisions of the MTC. Now if Atty. Europa was your professor in
Criminal Procedure , Im sure he would ask you this. How do you
determine the mode of appeal in criminal cases? It depends diba? If
it is one court to the next higher court thats an ordinary appeal. If
the appeal would be for the second time meaning from the MTC you
went to the RTC and from the RTC youre going to the Court of
Appeals the mode appeal there would now be a Petition for Review
no longer an ordinary appeal. I trust that you know that it is the
same thing with respect to civil cases then you have appeal by
certiorari. In all cases where only questions of law are raised or
involved the appeal should be to the SC by Petition for Writ of
Certiorari in accordance with Rule 45 ok? Kani this is a viable option
in Land Registration Proceedings appeal under this but not so much
it is very rare that you apply this in Land Registration cases because
land registration cases would invariably involve questions of facts
not pure questions of law so ang imohang maapply lang gyud aning
section 2 under Rule 41 would be an ordinary appeal. Noh? But
again not were not discounting letter c to be applied sometimes kay
possible man that its a legal question only that youre raising
against the decision of the RTC ok?
Then you have Petition for Relief from Judgment under Rule 38
. A petition for relief may be applied on the following grounds :

Manresa 2012-2013

Section 1.Petition for relief from judgment, order, or other


proceedings.
When a judgment or final order is entered, or any other
proceeding is thereafter taken against a party in any court
through fraud, accident, mistake, or excusable negligence,
he may file a petition in such court and in the same case
praying that the judgment, order or proceeding be set
aside.
Youre saying Your Honor the judgment is obtained by fraud, by
accident, by mistake and I have been deprived of my rights so Im
asking the honorable court to annul the proceedings the judgment
be set aside and a new trial be had o receive my evidence thats
petition for relief even if theres already a judgment youre asking
the court to set it aside because of fraud, accident, mistake, or
excusable negligence. Then you have also when the petition has
been prevented from taking appeal by fraud, accident, mistake, or
excusable negligence in the same periods the same court you have
to follow. Thats just an overview of these basic remedies available
to possible causes of action in case of a loss in a land registration
case but the decree of registration has not yet been issued so what
are they again ? Motion for New Trial, Motion for reconsideration,
Ordinary appeal, and finally Petition for Review from judgment ok?
Di pa siguro ninyo ni ma-appreciate its enough that you know the
provisions.
Ok hat happens if a decree of registration has been issued so
nay judgment na orderan na and then after the order the land
registration issues a decree. You can file a Petition for Reopening
and Review in the regional trial Court under Section 31 of PD 1509.
Requisites:
1. The owner is deprived of his dominical right. When you say
dominical right it is right of ownership, right of dominion
over property, the deprivation was caused by actual fraud
ok? Walay accident, mistake and excusable negligence
here the ground must be actual fraud. He must file the
petition within one year from the issuance of the decree.
Why one year? What is that one year period from the
issuance of the decree? That is the period after which the
decree of registration becomes indefeasible ok? It is
indefeasible in the period of one year so it has to be
before the title becomes indefeasible and the property in
the mean time has not been transferred toan innocent
purchaser per value.

2. Situation, which I believe I already told you about Maja


owns property ok and then what do you call that Maja
sold it to my new crush Julia Clarete just kidding forever
Maja man jud na char so transfer niya to Julia who is a
foreigner bawal right and then later on that property
passed to a Filipino from Julia from Maja to Julia to
Pauline. So transfer niya kay Pauline a Filipino citizen so in
the mean time the property has been transferred to an
innocent purchaser for value so the prohibition under the
constitution is no longer applicable. Can you still file a
petition for reopening before the RTC? The answer is No
you have failed to comply with the last requisite the
property has not yet been transferred to an innocent
purchaser. If one year has elapsed since the issuance of
the decree indefeasible already ok? File an action for
reconveyance. This happens when an owner is deprived
ownership of land due to actual fraud or breach of trust

3. Maja owns property in the Philippines. She went abroad to


be with Mateo and then the mean time Coco sold her
property forging her signature to an innocent purchaser
per value thats fraud actual fraud so when Maja came
back from the States she discovered lahi na nanag-iya sa
property gibaligya na ni Coco so shes deprived of the
ownership of land and the ground is actual fraud file an
action for reconveyance ok? Pa-reconvey nimo gibaligya sa
lain ako man na ibalik sta ako. Thats reconveyance for you
its as simple as that but what we need to remember
would be is how will an action for reconveyance apply to
particular fact problems?

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Manresa 2012-2013

4. First is if you will discover If Maja discovers within 4 years

7. What if there is a third party purchaser? because there is

from the discovery of the fraud he may recover the


ownership. You can recover the land within 4 years from
the date of discovery of the fraud where there is a need to
annul the fraudulent deed or document ok?So you file an
action for reconveyance and an annulment of the
conveyance made by Coco to as third person so that
should be 4 years from the date of the discovery of the
fraud or it can be within 10 years from breach of an
implied trust and the owner is not in the possession of the
property and youin count that from the date of the
discovery of the breach. Example same example Maja then
with Mateo went to the US in the mean time Maja
executed or left Coco in charge of the property. I trust that
you will take care of the property for me. Youre my agent
here in the Philippines and Im going to the US to live there
with Mateo for 8 years for instance and immediately after
Maja left what happened what did Coco do gibaligya ang
property gi -forge ang signature ni Maja . now is there a
breach of trust on the part of Coco ? yes, he was supposed
to take care of the property but he sold it breaking the
implied trust it cannot be an express trust because theres
no document stating the express trust so implied trust
lang. Whats the period to file an action for reconveyance?
10 years. Why is it nga kung breach of trust 10 years pero
kung fraud kay 4 years lang? because there is a juridical
relationship between the owner of the property and the
trustee ok?katong iyang gitagaan ug pagdumala sa iyang
property because of that trust relationship the period is
longer. What about in fraud nganong 4 years lang?
because in all propbability walay juridical relationship with
the parties and remember the 10 year period coincides
with the period of prescription ordinary prescription ok?
Murag try to relate lang 10 years. Or he may file at any
time an action for reconveyance if theres a breach of
express trust or if theres a breach of implied trust but the
owner is in possession of the property. Now look at the
difference in the second situation 10 years lang because
the owner is not in possession mas grabe pa jud diay ang
mahitabo kung kintahay theres a breach of an implied
trust and the owner is in the possession of the property so
youre looking at a situation where the owner is there at
the property but somehow the trustee katong lets say in
my example Coco iyaha pa gihapong nabaligya or nakuha
niya ang property from Maja and in that case because
Maja is in possession the action to file or the filing of the
reconveyance does not prescribe in essence it does not
prescribe. Why? Because your actual remedy would no
longer be simply for reconveyance but Petition to Quiet
Title which is imprescriptible ok ?so those are 3 situations
that you need to be familia r with.
Example of breac of implied trust X and Y co-owns
property X goes to the US. While X is in the US Y files an
application for registration claiming that hes the sole
owner of the proprerty in fact he is merely a co-owner.
Theres no opposition other than the governments
opposition as a result a decision comes out stating that he
is the owner of the land decision becomes final and a
decree of registration was issued it is transcribed in the
title that was issued by the ROD 7 years later X comes back
and discovers Ys title to the property what is the remedy
of X? To file a Petition for Reconveyance since it is more
than one year already but only with respect to his share in
the property. Provided that the property is still in his
possession and has not yet been transferred to an
innocent purchaser for value. So I believe that example is
very clear.
What about an express trust if theres a deed stating that X
and Y co-own the property and X gave Y authority to take
care of the property here the action for reconveyance is
imprescriptible . you cant count to 10 years provided
again that the property has not yet been transferred to an
innocent purchaser for value. Express trust here involves a
written contract between all parties.

already a qualification if there the p;urchaser of the


property is a purchaser for value in good faith. A
distinction should be made on whether or not the
purchaser is in good faith. If he is in good faith then that is
the end of it. You cannot do anything anymore. In good
faith eh. The only remedy is an action for damages . The
action can be made against the person who brought
about the fraud provided that it is filed within 4 years from
the discovery of the fraud or . the breach of trust mulapas
ka ug 4 years prescribe so be very careful about itimized t.
When do you count the 4 years from the date of the
discovery of the fraud or breach of trust. Or a longer
period will be filing an action for damages against whom
the assurance fund remember that when you apply for
registration naa kay ginabayran nga fees. Bag-o ka maissue hn ug title whether its TCT or OCT naa kay parte sa
imong ginabayad that is contributed to the Assurance fund
the purpose of the assurance fund wil be to secure parties
from being victimized or suffer damage because of the
operation of the Torrens System pwede kang matagaan ug
kantidad to repair the damages that you suffered. And the
period there would be 6 years.
8. Requisites for an action of damages:
a. The person has been deprived unlawfully of the land
b. There is no negligence on his part
c. Reconveyance is not possible because the land has
been transferred to an innocent purchaser for value
d. The action for damages must be filed within 4 years
from the discovery of the fraud or breach of trust.
This is against the person who acted in fraud
9. Section 95. Action for compensation from funds. A person
who, without negligence on his part, sustains loss or
damage, or is deprived of land or any estate or interest
therein in consequence of the bringing of the land under
the operation of the Torrens system of arising after
original registration of land, through fraud or in
consequence of any error, omission, mistake or
misdescription in any certificate of title or in any entry or
memorandum in the registration book, and who by the
provisions of this Decree is barred or otherwise precluded
under the provision of any law from bringing an action for
the recovery of such land or the estate or interest therein,
may bring an action in any court of competent jurisdiction
for the recovery of damages to be paid out of the
Assurance Fund.
Thats Section 95 for you!I want you to read Section 95 because
you may be asked regarding Assurance fund in the 2011 bar
syllabus apil gihapon ni siya. I believe this is a very important
provision that you need to be familiar with.
Section 99 refers to subrogation of the govt to the rights of the
plaintiff who was able to obtain compensation from the
assurance fund.

5.

6.

Section 99. Subrogation of government to plain who took ttiff's


rights. In every case where payment has been made by the
National Treasurer in accordance with the provisions of this
Decree, the Government of the Republic of the Philippines shall
be subrogated to the rights of the plaintiff against any other
parties or securities. The National Treasurer shall enforce said
rights and the amount recovered shall be paid to the account of
the Assurance Fund.
So this is how this will happen youre the petitioner for
damages against athe Assurance fund because 4 years has
lapsed and you cannot sue that person so because naa pa kay 2
years with which you can file against the Assurance fund ming
file ka. Automa tically whatever right which you may have had
against the defendant or the pe property from you will be
subrogated to the govt. Ang gobyerno na ang nay adunay
katungod nga magpasaka ug caso against whoever may be
responsible for the fraud remember it is the govt that sues the
general rule is Prescription does not run against the state so
even if the 4 year period has elapsed. Section 101
Section 101. Losses not recoverable. The Assurance Fund shall
not be liable for any loss, damage or deprivation caused or

32

Land Titles and deeds 2nd Exam

AttyYekkyNotes

occasioned by a breach of trust, whether express, implied or


constructive or by any mistake in the resurveyed or subdivision
of registered land resulting in the expansion of area in the
certificate of title.
Just Go over section 101 and then you have Section 102
Limitation of Action
Section 102. Limitation of Action. Any action for compensation
against the Assurance Fund by reason of any loss, damage or
deprivation of land or any interest therein shall be instituted
within a period of six years from the time the right to bring such
action first occurred: Provided, That the right of action herein
provided shall survive to the legal representative of the person
sustaining loss or damage, unless barred in his lifetime; and
Provided, further, That if at the time such right of action first
accrued the person entitled to bring such action was a minor or
insane or imprisoned, or otherwise under legal disability, such
person or anyone claiming from, by or under him may bring the
proper action at any time within two years after such disability
has been removed, notwithstanding the expiration of the
original period of six years first above provided.
Again that is 6 years from the right to bring the action accrues.
When does
the action accue mao nay pangutana
nako?Because youre talking here about remedies after the
issuance of the registration on after the lapse of one year ok?
When the title becomes final indefeasible so you count from
that day.
Reconstitution this is not a remedy tpo question the issuance of
a Certificate of Title. This is an action for replacement of the
physical copy of the Certificate of Title. Remember that when
the ROD issues a Certificate of Title there are 2 copies first
would be the original which is kept by the ROD and second the
Owners duplicate Certificate of Title. If it is the Owners
duplicate Certificate of Title that is lost then the owner should
apply for a new Certificate of Title under PD o1529 you should
apply for a new Owners duplicate Certificate of Title from the
ROD. Nawala nimo ang imong kopya so ang buhaton lang sa
ROD isyuhan ka ug bag-o nga Owners duplicate Certificate of
Title .This can be a source of fraud how? Declare nimo nawala
mangayo kag bag-o ok? Nagpareplace ka ug title so karon naa
kay duha ang isa gibaligya nimo kay A ang isa gibaligya nimo kay
B. So its possible that 2 certificate of titles are present . Kung
ing-ana ang mahitabo Remember the rule is when you have the
original in your hand and you have it replaced you secured the
replacement the replacement is void. So kinahanglan jud iinvestigate sa ROD kung naa ba jud sa imoha ang certificate of
title. ok Effects naa kay titulo nawala kuno ang imong titulo
pero nangatik lang diay ka naa pa diay kay title. Now gibaligya
nimo kang A ang original ang replacement gibaligya nimo kang
B between A and B who is preferred?A kay tungod ang naa sa
iyaha original katong naa kay B nga replacement is void. wala
toy value whatsoever. What if it is the Original Duplicate
Certificate Title thats lost meaning the copy kept by the ROD
and mind you perminti na mangawala. I had a lot of cases in the
past of this Petition for Reconstitution. The remedy of course
would be Petition for Reconstitution. So what will happen here
if the original is lost you ask for the reconstitution of the
original under RA 26 where the publication and posting
requirements must be followed. If the publication and posting
requirements are nit followed the reconstitution is void. If
subsequent to the reconstitution it was found out that the
original was not lost then the reconstituted copy is void. This is
because the purpose of the registration is precisetoly the loss
of the original. So you have to prove na nay diligent efforts that
you were used by the ROD to secure the title but they found
none so you have to present a certification from ROD nga
nawala ang records.
NOTES FROM SOMEWHERE [RECAP OF THE REMEDIES]
Sec. 32
Notes:
1.

Remedies to question the validity of judgment in a


registration case:
i. new trial or reconsideration
ii. relief from judgment

Manresa 2012-2013

iii. appeal to the CA or SC


iv. review of decree
v. reconveyance
vi. damages
vii. claim against Assurance Fund
viii. reversion
ix. cancellation of title
x. annulment of judgment
xi. criminal prosecution
2. motion for new trial- judgment is set aside; motion for
recon- judgment is merely amended
3. Grounds for new trial
i. fraud, accident, mistake or excusable negligence
(FAME)
ii. newly discovered evidence, which he could not,
with reasonable diligence, have discovered
and produced at the trial, and which if
presented would probably alter the result
4. Grounds for reconsideration:
i. excessive damages awarded
ii. insufficiency of evidence
iii. final order is contrary to law
5. Contents (Rule 37, Sec. 2)
i. shall be in writing
ii. service of notice to the adverse party
iii. #3i: affidavits of merits which may be rebutted by
counter-affidavits
iv. #3ii: affidavits of witnesses by whom such evidence
is expected to be given, or by duly
authenticated documents which are proposed
to be introduced in evidence.
6. A pro forma motion for new trial or reconsideration shall
not toll the reglementary period of appeal.
7. Affidavits of merit is unnecessary if the granting of the
motion for new trial is a matter of right.
i. FRAUD
ii. extrinsic- refers to any fraudulent act of the
successful party in a litigation which is
committed outside the trial of a case against
the defeated party, or his agents, attorneys or
witnesses, whereby said defeated party is
prevented from presenting fully and fairly his
side of the case.
iii. intrinsic- refers to acts of a party in litigation
during the trial which did not affect the
presentation of the case but did prevent a fair
and just determination of case
forged instruments
false and perjured testimony
basing the judgment on a fraudulent
compromise agreement
alleged fraudulent acts or omissions of
the counsel which prevented the
petitioner from properly presenting
the case
8. MISTAKE- unintentional act, omission, or error arising
from ignorance, surprise, imposition or misplaced
confidence. Note: the error must be the casual, not merely
incidental, factor that induced the complaining party to
enter into the agreement.
9. General Rule: A judgment rendered on a compromise
agreement is not subject to appeal, and also is
immediately executory; Exception: if it is on the ground of
fraud, mistake or duress
10. EXCUSABLE NEGLECT- failure to take the proper steps at
the proper time, not in the consequence of the partys
own carelessness, inattention, or willful disregard of the
process of the court
Reasons:
i. unexpected or unavoidable hindrance or
accident
ii. reliance on the care and vigilance of his
counsel
iii. promises made by the adverse party
11. final judgment- one that finally disposes of a case, leaving
nothing more to be done by the court in respect thereto;

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AttyYekkyNotes

Land Titles and deeds 2nd Exam

interlocutory- does not end the courts task of


adjudicating the parties contention, indicates that other
things remain to be done by the court
12. Time for filing petition (Rule 38, Sec.3)
i. within 60 days after the petitioner learns of the
judgment, final order or other proceeding to
be set aside
ii. not more than 6 months after such judgment or
final order was entered, or such proceeding
was taken
Requisites:
affidavits showing FAME relied upon
petitioners good and substantial cause of
action or defense
13. Petition for relief and motion for new trial or
reconsideration are exclusive of each other.
14. APPEAL- may be taken from:
i. a judgment or final order that completely disposes
of the case
ii. a particular matter therein when declared by the
Rules of Court to be appealbale
No appeal may be taken from:
i. an order denying a motion for new trial or
reconsideration
ii. an order denying a petition for relief or any
similar motion seeking relief from
judgment
iii. an interlocutory order
iv. an order disallowing or dismissing an appeal
v. an order denying a motion to set aside a
judgment by consent, confession or
compromise on the following grounds:
a. fraud
b. mistake
c. duress
d. or any other ground vitiating
consent
vi. an order of execution
vii. a judgment or final order for or against one
or more of several parties or in:
a. separate claims
b. counter-claims
c. third party complaints while the
main case is pending; Exceptionif allowed by court
viii. an order dismissing an action without
prejudice
Modes of Appeal
i. Ordinary Appeal- appeal to the CA in cases decided
by RTC in the exercise of its original
jurisdiction
Gen. Rule: no record on appeal shall be
required;
Exceptions:
a)
special
proceedings, b) other cases of multiple or
separate appeals
ii. Petition for review (Rule 42)- appeal to the CA in
cases decided by RTC in the exercise of its
appellate jurisdiction
iii. Appeal by Certiorari (Rule 45)- questions of law
are raised or involved, directed to the SC
Period of ordinary appeal
i. notice of appeal- w/in 15 days from notice of the
judgment or final order appealed from
ii. record on appeal- w/in 30 days
iii. The period of appeal shall be interrupted by a
timely motion for new trial or reconsideration.
Perfection of appeal
i. notice of appeal- upon filing of the notice of appeal
in due time; Effect- the court loses jurisdiction
over the case

Manresa 2012-2013

ii. record on appeal- upon the approval of the record


on appeal filed in due time; Effect- the court
loses jurisdiction over the subject matter
15. Review of decree of registration- 1 year
16. The date of issuance of patent is equivalent to the decree
of registration.
17. Requisites of petition for review:
i. the petitioner must have an estate or interest in
the land;
ii. he must show actual fraud in the procurement of
the decree of registration;
iii. the petition must be filed within one year from the
issuance of decree by the LRA;
iv. the property has not yet passed to an innocent
purchaser
18. Grounds for review: fraud must be actual or constructive
actual- intentional concealment or omission of a fact
required by law to be stated in the application or a willful
statement of a claim against the truth
extrinsic- when it is employed to deprive a party of his day
in court, thereby preventing him from asserting his right to the
property registered in the name of the applicant (see pg. 300)
19. Gen. Rule: a mere misdescription of the property or a
mistake into facts, contained in an application to bring
land under a foreign act is not sufficient to invalidate a
certificate of title issued on the application by the
registrar; Exception- if the applicant has knowledge of the
facts in the case and willfully misstated them
20. Petition must be filed within 1 year from entry of decree of
registration.
21. Innocent purchaser for value and in good faith
Requisites:
i. buys property of another
ii. without notice that some other person has a
right to, or interest, in such property
iii. pays a full and fair price for the same
iv. at the time of such purchase or before he has
notice of the claim or interest of some
other person in the property
22. Good faith
i. consists in an honest intention to abstain from
taking any unconscientious advantage of
another
ii. consists in the possessors belief that the person
from whom he received the thing was the
owner of the same and could convey his title
iii. honesty of intention- implies freedom from
knowledge and circumstances that out to put
a prudent person on inquiry
23. A purchaser is charged only with notice of liens noted on
the title.
24. caveat emptor- requires the purchaser to be aware of the
supposed title of the vendor and one who buys without
checking the vendors title takes all the risks and losses
consequent to such failure
25. The defense of indefeasibility of a Torrens title does not
extend to a transferee who takes the title despite notice of
the flaw in it.
26. innocent purchaser for value- includes an innocent lessee,
mortgagee or other encumbrancer for value
27. General Rule: a person dealing with the registered land
has a right to rely upon the face of the Torrens Certificate
of Title and to dispense with the need of inquiring further;
Exceptions:
i. when the party concerned has actual of facts and
circumstances that would impel a reasonably
cautious man to make further inquiries
ii. when the purchaser has knowledge of a defect
iii. lack of title of the vendor
28. Banks before approving a loan send representatives to the
premises of the land offered as collateral and investigate
who are true owners thereof; Rationale- their business is
affected with public interest, keeping in trust money
belonging to their depositors

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AttyYekkyNotes

Land Titles and deeds 2nd Exam

29. A person is deemed to have knowledge of a public record,


like a prior reconstituted title on file with the Registry of
Deeds.
30. A forged deed may be the root of a valid title.
Requisites:
i. a title to the property
ii. had already been registered in favor of a person other
than the true owner
iii. before conveyance or mortgage
iv. innocent transferee
31. Good faith is a question of fact.
Question of fact
Question of law
when the doubt or differences exists when there is a doubt or
arises as to the truth or the falsity controversy as to what the law is
of the statement of facts
on a certain state of fact
32. Rule of preference (Art. 1544, NC)
i. first registrant in good faith
ii. first possessor in good faith
iii. buyer who presents the oldest title
prior tempore, potior jure: he who is first in time is
preferred in right
nemo dat quod non habet: one can sell only what one
owns or is authorized to sell, and the buyer can acquire no more
than what the seller can transfer legally
33. Gen. Rule: knowledge gained by the first buyer of the
second sale cannot defeat the first buyers right;
Exception: if the second buyer first registers in good faith
the second sale ahead of the first
34. Before the second buyer can obtain priority over the first,
he must show that he acted in good faith from the time he
acquired the property until the title or possession is
transferred to him.
35. RECONVEYANCE
i. legal and equitable remedy granted to the rightful
owner of land
ii. which has been wrongfully or erroneously
registered in the name of another
iii. for the purpose of compelling the latter to transfer
or reconvey the land to him
Exception: if the rights of innocent purchasers
for value will be affected; Remedy: action for damages against the
persons responsible for depriving him of his right or interest in the
property
*Sec. 96 is the statutory basis of an action for
reconveyance.
*Action for reconveyance may be barred by the statute
limitations.
*assertion of adverse title- takes place upon the
registration and issuance of the corresponding certificate of
title
Where to file:
RTC- 20K assessed value
Metropolitan Manila- 50K
Municipal Court- if only market value is alleged
Who are the indispensable parties:
owners of property over which reconveyance is
asserted
i. one without whom the action cannot be
finally determined;
ii. who has interests in the subject matter of the
suit;
iii. his legal presence party to a proceeding is an
absolutely necesity for the relief sought
Prescription of action based on:
i. fraud- 10 years
ii. implied trust- 10 years
iii. damages- 10 years
iv. void contract- imprescriptible
quod nullum est, nullum producit effectum: in
actions for recoveyance of property predicated on the
fact that the conveyance complained of was void ab
inito, a claim of prescription of the action would be
unavailing, and being null and void, the subsequent
sale of the property and title issued in pursuant
thereto produced no legal effects whatsoever.

Manresa 2012-2013

v. fictitious deed- imprescriptible; Remedy- action for


declaration of nullity
vi. quiet title where plaintiff
is in possessionimprescriptible; Rationale- his undisturbed
possession gives him a continuing right to seek
the aid of a court of equity to ascertain and
determine the nature of the adverse claim of a
third party and its effect on his own title
Requisites:
1. the trustee has performed
unequivocal acts of repudiation
amounting to an ouster of the
cestui que trust
2. such positive acts of repudiation
have been made known to the
cestui que trust
3. the evidence is clear and positive
*cestui que trust- the beneficiary of a trust; the
person who will receive payments or future distribution from the
trust assets (accdg. to Pastor G.)
*One who claims property which is in the
possession of another must invoke his remedy within the statutory
period.
36. Torrens title cannot be collaterally attacked. It can be
attacked only for fraud within one year after the date of
the issuance of the decree of registration.
37. Relevant allegations in the complaint that would entitle
the plaintiff to recover the disputed land:
i. that the plaintiff was the owner of the land
ii. that the defendant had illegally dispossessed the
same
38. Reconveyance is an action in personam.
Actions in personam
Actions in rem
Directed
against
specific Directed against the thing or
persons and seek personal property or status of a person
judgments
and seeks judgment with
respect thereto as against the
whole world
39. An action to recover a parcel of land is a real action but it
is an action in personam- it binds a particular individual
only although it concerns the right to a tangible thing.
40. The notice of lis pendenswill avoid transfer to an innocent
third person for value and preserve the claim of the real
owner.
41. Laches may bar recovery.
Elements (Cabrera v. CA):
i. the conduct on the part of the defendant, or
of one under whom he claims, giving
rise to the situation of which the
complaint is made and for which the
complaint seeks remedy;
ii. delay in asserting the complainants rights,
the complainant having had knowledge
or notice of the defendants conduct
and having been afforded an
opportunity to institute a suit;
iii. lack of knowledge or notice on the part of
the defendant that the complaint would
assert the right on which he bases his
suit;
iv. injury or prejudice to the defendant in the
event relief is accorded to the
complainant, or the suit is not held to
be barred
*Laches as estoppel- it prevents people who have slept on
their rights from prejudicing the rights of third parties who have
placed reliance on the inaction of the original patentee and his
successors in interest
*One having sufficient knowledge to lead him to a fact is
deemed to be conversant therewith and chargeable with laches in
failing to act thereon (Kambal v. Director of Lands)
42. Inaction and neglect of a party to assert a right can convert
what otherwise could be a valid claim into a stale demandit is a claim which has been for a long time undemanded
(accdg. to Pastor G. again! ^^)

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Land Titles and deeds 2nd Exam

43. Trust- legal relationship between one person having an


equitable ownership in property and another person
owning the legal title to such property, the equitable
ownership of the former entitling him to the performance
of certain duties and the exercise of certain powers by the
latter.
Express Trust
created by the direct and
positive acts of the parties

disables the trustee from


acquiring for his own benefit a
property committed to his
custody or management
a beneficiary and a trustee are
linked by confidential or
fiduciary relationship

Implied Trust
deducible from the nature of
transaction as matters of intent
or which are superinduced on
the transaction by operation of
law as matters of equity
repudiation is not required,
unless there is concealment of
the facts giving rise to the trust

2 Kinds of Implied Trusts:


Resulting Trusts
valuable consideration are
presumed always to have been
contemplated by the parties

Constructive Trusts
created by the construction of
equity in order to satisfy the
demands of justice and
prevent unjust enrichment
it is whereby one person they arise contrary to intention
thereby becomes invested with against one who, by fraud,
legal title but it is obligated in duress or abuse of confidence,
equity to hold his legal title obtains or holds the legal right
for the benefit of another
to property which he ought
not, in equity and good
conscience, to hold.
there is neither a promise nor
fudiciary relation to speak of
*express trusts and resulting implied trusts- a trustee
cannot acquire by prescription ownership over property
entrusted to him until and unless he repudiates the trust
*constructive implied trusts- prescription may supervene
even if the trustee does not repudiate the relationship;
repudiation of the said trust is not a condition precedent to the
running of the prescriptive period
Actions that may be brought within 10 years from the
time the right of action accrues (Art. 1144, CC):
i. upon a written contract;
ii. upon an obligation created by law
iii. upon a judgment
*trustee of an implied trust (Art. 1456, CC)- term for the
person who acquired the property through mistake or fraud
44. substantial identity of parties- when there is community
of interest or privity of interest between the party in the
fist and a party in the second case even if the first case did
not implead the latter
45. State is not bound by prescription; hence judgment of the
registration court may be attacked at any time either
directly or collaterally by the State.
46. If the homestead patent or free patent granted to A is a
private land, the patent granted and the Torrens titled
issued upon him are a nullity. B, the owner, may bring an
action to have the ownership or title to the land judicially
settled.
47. Proof of identity and ownership is indispensable.
48. miscellaneous sales application for the land- does not
vest title over the property w/o showing of the Lands
Management Bureaus approval
49. Quieting of tile- brought to prevent a cloud from being
cast upon title to real property or any interest therein
Requisites:
i. there is a cloud on title to real property or
any interest therein
ii. by reason of any instrument, record claim,
encumbrance or proceedings (IRCEP)
iii. which is apparently valid or effective

Manresa 2012-2013

iv. but in fact invalid, ineffective, voidable, or


unenforceable
v. may be prejudicial to said title
*cloud on title- outstanding claim or
encumbrance which, if valid, would affect or
impair the title of the owner of a particular
estate, and on its face has that effect, but
can be shown by extrinsic proof to be invalid
or inapplicable to the estate in question.
50. successive nuisance or trespass- it is not barred by the
statute until continued without interruption for a length of
time sufficient to affect a change of title as a matter of law
51. Action for reversion
Reversion restoration of public land fraudulently
awarded or disposed of to the mass of
the public domain
may again be the subject of disposition in
the manner prescribed by law to
qualified applicants
instituted by the Government, through the
SolGen
Grounds for reversion
I. Violations of Sections 118, 120, 121 and 122
of Public Land Act
i. Sec. 118
Gen. Rule: lands acquired under 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 5 years from and after
the date of issuance of the
patent or grant
nor they shall become liable to the
satisfaction of any debt
contracted prior to the
expiration of said period
Exceptions:
if it is in favor of the Government
or any of its branches, units, or
institutions
or
legally
constituted
banking
corporations
improvements or crops of the
land- may be mortgaged or
pledged to qualified persons,
associations, or corporations
Gen. Rule: no alienation, transfer or
conveyance of any homesteader after 5 years and before 25 years
after issuance of title shall be valid without the approval of the
Secretary of Environment and Natural Resources, which approval
shall not be denied; Exception: constitutional and legal grounds
ii. Sec. 120
Gen.
Rule:
conveyance
and
encumbrances made by illiterate non-Christians or literate nonChristians where the instrument of conveyance or encumbrance is in
a language not understood by them shall not be valid; Exception- if
it is duly approved by the Chairman of the Commission on National
Integration
iii. Sec. 121
Gen. Rule: 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 provision of Public Land Act or
to any permanent improvement of such lands
Exceptions:
if with the consent of the grantee
and the approval of the
Secretary of Environment and
Natural Resources
if it is solely for commercial,
industrial, educational, religious
or charitable purposes

36

AttyYekkyNotes

Land Titles and deeds 2nd Exam

if it is for right of way


*Any acquisition of such lands, rights
thereto or improvements thereon by a corporation, association, or
partnership prior to the promulgation of Public Land Act is deemed
valid and binding.
Requisites:
no final decision of
reversion of such land
to the State has been
rendered by a court
such
acquisition
is
approved
by
the
Secretary
of
Environment
and
Natural
Resources
within 6 mos. from the
effective of the Decree

iv. Sec. 122


Gen. Rule:
no land or any portion thereof
originally acquired under the
free patent, homestead, or
individual sale provisions, or
any permanent improvement
on such land shall be
transferred or assigned to any
individual
nor shall such land or any
permanent
improvement
thereon be leased to such
individual if the area of said
land, added to that of his own,
shall exceed 144 hectares
Exception: in cases of hereditary
succession
v. Sec. 123
Gen. Rule: no land originally acquired
in any manner under the provisions of any previous Act, etc. nor any
improvement on such land shall be encumbered or alienated
Exceptions:
persons,
corporations
or
associations (PCA) who may
acquire land of the public
domain under
Public
Land Act
corporate bodies organized in the
Philippines whose charters
authorizes them to do so
by
reason
of
hereditary
succession duly acknowledged
and legalized by competent
courts
if transferred by judicial decree
to PCA not legally capacitated
to acquire the same- they
shall be obliged to alienate
said lands or improvements to
others so capacitated with the
period of 5 years; otherwise,
such property shall revert to
the Government
*Citizens of the Philippines may lease not more than 500
ha. or acquire not more than 12 ha. by purchase, homestead or
grant.
II. when the land patented and titled is not
capable of registration
III. failure of grantee to comply with conditions
imposed by law to entitle him to a
patent or grant
IV. when area is expanded area
V. when acquired in violation of the
Constitution

Manresa 2012-2013

Action for cancellation proper remedy where private land had been
subsequently titled, and the party plaintiff in this
case is the prior rightful owner of the property;
it is initiated by a private party usually in a case
where there are two title issued to different
persons for the same lot
declared as lawfully belonging to the party whose
certificate of title is held superior over the other
*The indefeasibility of a title over land previously public is
not a bar to the 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 the appropriate action for reversion may be
filed by the government (Pinero v. Director of Lands)
*Once a patent granted in accordance with the Public Land
Act is registered, the certificate of title issued in virtue of said patent
has the force and effect of a Torrens title issued through regular
registration proceedings.
Escheat Proceedings
may be
instituted
as a
consequence of a violation of the
Constitution which prohibits
transfers of private agricultural
lands to aliens

Action for Reversion


expressly authorized by the
Public Land Act

52. State is not barred by estoppels.


53. Recovery from the Assurance Fund
Requisites:
i. that a person sustains loss or damage, or is
deprived of any estate or interest in
land
ii. on account of the bringing of land under the
operation of the Torrens system arising
after original registration
iii. through fraud, error, omission, mistake or
misdescription in any certificate of title
or in any entry or memorandum in the
registration book
iv. without negligence on his part
v. is barred or precluded from bringing an
action for the recovery of such land or
restate or interest therein
54. The plaintiffs negligence is manifest where, having
knowledge of the pending litigations and notice of lis
pendens affecting the lands in dispute, it nevertheless
proceed to take the risk of purchasing property in
litigation.
55. Annulment of judgment or final orders and resolutions
Grounds for annulment:
Remedy:
i. extrinsic fraud
motion for new trial or petition for
relief
ii. lack of jurisdiction
certiorari
if no substantial merit- outright dismissal
if there is a prima facie merit- service of summons to
respondent
Criminal prosecution: perjury
Sec. 33
*The judgment and orders of the court hearing the land
registration cases are appealable to the CA or to the SC in the same
manner as in ordinary actions (see pgs. 28-29)
Sec. 34
Applicability of Rules of Court: land registration and cadastral cases
1. by analogy or in a suppletory character
2. whenever practicable and convenient

37

AttyYekkyNotes

Land Titles and deeds 2nd Exam

eg. motion to dismiss, motion for the issuance of


an order from the RTC
2.
LAND REGISTRATION PROCEEDINGS
Land registration proceedings would be in a sense voluntary.
If you are possessed with a certain piece of property, and you feel
that it is ripe for original registration then you apply for registration
if you comply with the requirements

3.

Nature of original registration: binding upon the whole world, one


that all people including the govt are deemed bound.
Suppose property is claimed by several people and nobody would
like to initiate registration proceedings. Is there a way/devise of the
govt to hold people to participate in land registration and subject
their claims to the operation of the system?

4.

P.D. No. 1529


CADASTRAL
1. Nature of Registration
Voluntary
Compulsory
2. Applicant
Landowner
Director of Lands
3. Lands Covered
Usually involves private land; it all classes of lands are included
may also refer to public
agricultural lands if the object of
the action is confirmation of an
imperfect title
4. Parties
Applicant and opponent
landowners must come to court
as claimants of their own lands
5. Purpose
petitioner comes to court to government asks the court to
confirm his title and seeks the settle and adjudicate the title of
registration of the land in his the land
name
6. Person who Requests the Survey
Landowner
Government
7. Effect of Judgment
No adverse claim; if the if none of the applicants can
applicant fails to prove his title, prove that he is entitled to the
his application may be dismissed land, the same shall be declared
without prejudice (no res public (res judicata)
judicata)

CADASTRAL REGISTRATION PROCEEDINGS


What is cadastral registration? It is a means to bring lands under the
operation of the Torrens system. Because ordinary registration is
__for lack of initiative on the part of the landowners, this innovation
was conceive to ease and _. It is thefore the govt that initiates the
process by declaring that all lands within the stated area are up for
registration whether or not owners are interested to settle their
titles.
NATURE: IN REM, same with orig registration proceedings
Non-adversarial: no definite defendants/plaintiff
Compulsory: failure to register claim when govt initiates cadastral
reg may bar the said claim
PROCEDURE:
1. Cadastral Survey: undertaken if in the opinion of the
president pursuant to public interest, titled land within a
specified area needs to be settled and adjudicated. So he
will order the director lands to make the cadastral survey
and warrant and the director will give notice to persons
claiming interests in land and the general public of the day
of the survey published in the Official Gazette and posted
in a conspicuous place of the lands to be surveyed.
The geodetic engineer would commence the survey and
during the survey, the boundaries are marked by
monuments. A lot of titles already present or brought
under the operation of the Torrens system, nagsugod na
sila ug cadastral survey. In the samples of title, youll see

5.

6.

Manresa 2012-2013

that this land covered by TCT used to belong to a larger


are covered by a previous cadastral survey.
Who files the petition? After survey and a __ of the same
having been made, the director, represented by the
SolGen, institutes cadastral proceedings by filing a petition
in court against holders, claimants, possessors, and
occupants of the same. The parcels of land are given their
respective cadastral numbers.
Application notice of hearing: the court will set the date
for hearing, the land registration authority will notify the
public by publishing notice once in the official gazette and
once in a newspaper of general circulation. Copies are
mailed to interested persons whose addresses are known.
Other copies posted in conspicuous places designated by
law that is similar to PD 1529.
Filing of appearance: any person interested in any part of
land subject to the petition is required to file the answer
and the answer needs to contain 2 things: 1. Age of
claimant-you need to know whether the claimant is of
lawful age, cadastral number of the land claimed, name of
the barrio/municipality where the lot is located, names of
owners of adjoining lots, if the claimant claims to be in
possession but during his possession there is still no grant
of title to him, HOW MANY YEARS HE HAS BEEN IN
POSSESSION, if not in possession, state the interest that
you are claiming (by succession or any other mode of
transfer ) if already assessed for taxation, what is the
assessed value of the property, any encumbrances
affecting the lots that are being claimed.
The case will be heard in any convenient place of province
where the land lies similar to ordinary trial of the RTC &
delegated power of MTC under Sec 34 RA 7631. Conflicting
claims are determined and the lots claimed are awarded
to persons entitled if they could prove their title to the
same. You produce your evidence! If not awarded, the
land is declared part of the public domain. Finally, the
court will render its decision.
After decision is issued, similar to the PD 1529, issuance of
decree of registration and certificate of title. Upon
declaration of court that decree is final, the land
registration authority will enter a decree of registration,
the decree of the court becomes final if no appeal is taken
within the 15-day reglementary period (similar to PD 1529,
the basis for issuance of Certificate of Title is decree of
registration)
Both cadastral and original registration: there is original
certificate of title issued

DISTINGUISH BETWEEN CADASTRAL AND ORDINARY


REGISTRATION
CADASTRAL
ORDINARY
Initiated by govt
Initiated by private individual
claiming title to property by any
modes provided in Sec 14 of PD
1529
Subject matter: private & public Presumption: Already private
lands
land (requisite: possession of
property for requisite time,
provided that it had already been
released from the public use ipso
jure creates the land into a
private land
Ownership: govt doesnt assert Ownership is asserted by the
ownership & is interested only applicant under Sec. 14 PD 1529
in the settlement of titles
Possession since June 12, 1945
BUT ownership may revert to it, By prescription, by accretion, by
may be transferred back to the any other modes
public domain when land is
declared
for
cadastral
registration
and
nobody
appears to claim the land
Govt undertakes the survey of The claimant undertakes the
the land proposed for land survey at his own expense
registration and advances the
expenses
Risk: In the absence of a Risk: The applicant has another

38

Land Titles and deeds 2nd Exam

AttyYekkyNotes

successful
claimant,
the
property goes back to the govt

chance to explain as dismissal is


without prejudice to re-filing,
unless
during
the
same
proceedings,
there
is
an
oppositor and the oppositor is
deemed to be the one who is
qualified to the land, not the
applicant
W/o prejudice to re-filing: applies
to applicant who applies for land
registration but is not able to
prove his claim of ownership
during the case (kulang ang
requirements)

2.

NOTES FROM SOMEWHERE:


CADASTRAL REGISTRATION

NATURE: A proceeding in rem, initiated by the filing of a


petition for registration by the government, not by the persons
claiming ownership of the land subject thereof, and the latter
are, on the pain of losing their claim thereto, in effect
compelled to go to court to make known their claim or interest
therein, and to substantiate such claim or interest
NOTE: Here, the government does not seek the registration of
land in its name. The objective of the proceeding is the
adjudication of title to the lands or lots involved in said
proceeding.
II. CADASTRAL REGISTRATION PROCEEDINGS
A.
B.
C.
D.

ORDER FOR SPEEDY SETTLEMENT AND ADJUDICATION;


SURVEY; NOTICES (Sec. 35)
PETITION; LOT NUMBERS (Sec. 36)
ANSWER (Sec. 37)
HEARING; JUDGMENT; DECREE (Sec. 38)
Secs. 35- 38

Cadastral Proceedings:
Aims:
1. to settle as much as possible all disputes over land
2. to remove all clouds over land tile, as far as
practicable, in a community
Procedure:
1. Cadastral survey preparatory to filing of petition
i.
The President will direct and order the
Director of Lands to cause to be made a
cadastral survey.
ii.
The Director of Lands shall give notice to
persons claiming any interest in the lands
and to the general public of the day of the
survey
Such notice is to be:
a. published in the Official
Gazette;
b. posted in the places indicated
c. sent to the municipal mayor,
barangay captain, sangguniang
panlalawigan and sangguniang
bayan concerned
iii.
The geodetic engineers or other employees
of the Lands Management Bureau shall give
advance notice to survey claimants of the
date of the survey of specific portions of the
land, to be posted in appropriate lands.
Notes:

The geodetic engineers may:


o enter upon the lands
subject of the survey
o mark the boundaries
thereof by the placing
of monuments

Manresa 2012-2013

3.

Every claimant shall indicate to


the surveyor the boundary lines
of the property over which he
claim title or interest.
Filing of petition for registration
i.
Filing of the necessary petition in the RTC of
the place where the land is situated by the
Director of Lands represented by the Sol
Gen.
ii.
Contents of the Petition:
a. description of the lands
b. plan
c. other data as to facilitate notice to all
occupants and persons having a claim
or interest therein
Notes:

parcels- lots, shall be given


cadastral lot numbers

Gen. Rule: cadastral number of a


lot shall not be changed after
final decision has been entered
decreeing
the
registration;
Exception: order of court

future subdivisions of any lotletter or letters of the alphabet +


cadastral number of the lot

subdivisions of cities or town


sites-blocks and lot numbers
Notice of survey and publication
Who: Director of Lands
What: notice of the day on which the survey will

begin
For whom:

persons claiming any interest in the


lands

general public

municipal mayor

barangay captain

sangguniang panlalawigan

sangguniang bayan
How: publication once in the Official Gazette;
posting in the bulletin board of municipality
4. Filing of answer
Who: any claimant, whether named in the notice
or not
What: file an answer
When: on or before the date of initial hearing or
within such further time as may be allowed by the
Court
Requisites:
i. shall be signed and sworn to by the claimant
or by some other authorized person in
his behalf
ii. shall state his status, nationality and postal
address
Other Contents:
i. age of the claimant
ii. cadastral number of the lot or lots
claimed
iii. name of the barrio and municipality in
which the lots are situated
iv. names and addresses of the owners of
the adjoining lots so far as known to
the claimant
v. if the claimant is in possession of the lots
claimed:
a. length of time he has held such
possession and that of his
predecessors
b. manner in which it has been
acquired
vi. if the claimant is not in possession or
occupation of the land:
a. the interest claimed by him

39

AttyYekkyNotes

Land Titles and deeds 2nd Exam

b. time and manner of his acquisition


vii. the last assessed value of the lot/s
viii. the encumbrances, if any, affecting the
lots and the names of the adverse
claimants, as far as known
5. Hearing of the petition
What: trial of the case
Where: any convenient place within the
province in which the lands are situated
How: akin to ordinary land registration
proceedings and shall be governed by the same Rules
6. Judgment; when title deemed vested- upon
promulgation of the order or issuance of a decree
Notes:
In the absence of successful claimants,
the property is declared public land.
In the absence of fraud, title to land in a
cadastral proceeding is vested on the
owner:
i. upon the expiration of the period to
appeal from the decision or
adjudication by the cadastral
court, without such appeal being
perfected
ii. from the time the land becomes
registered property which cannot
be lost by adverse possession
iii. if public lands (Sec. 103)- until the final
act or the entry in the registration
book of the Registry of Deeds had
been accomplished
Actions taken in a cadastral proceeding:
1. adjudication of ownership in favor of one of the claimantsconstitutes the judgment (judicial action)
2. declaration by the court that the decree is final and its order
for the issuance of the certificates of title by the
Administrator of the Land Registration Authority; Whenwithin 15 days from the receipt of a copy of the decision
no appeal is taken from the decision (judicial action)
3. devolves upon LRA which involves the issuance of decrees of
registration pursuant to final judgments of the courts in
the land registration proceedings
Notes:
1. Only unregistered lands may be the subject of a cadastral
survey.
2. Exclusion from survey:
i. lands already titled either through judicial confirmation
or imperfect titles under the Public Land Act
ii. through voluntary registration proceedings under the
Land Registration Act
iii. private lands
3. motion to dismiss- necessary for the expeditious termination
of a subsequent registration case involving the same
property as in the first
4. Jurisdiction of the cadastral court over previously titled
landsi. limited to the necessary correction of technical errors in
the description of the lands;
Requisites:
such corrections does not impair the
substantial rights of the registered
owner
such jurisdiction does not deprive a
registered owner of his title
ii. may order a change in the name of the owners by
inclusion or exclusion of some, or in the rights of r
participation of each land registered
iii. has jurisdiction to determine the priority or relative
weight of two or more certificates of title for the
same land
5. An order entered in a cadastral proceeding, setting aside a
judgment of partition in order to recognize and enforce the
preferential title of a third person to the land, is not a
revision of any decree or judgment upon title.

Manresa 2012-2013

6. Sec. 108 of the PRD- after the entry of a certificate of title, or


of a memorandum thereon, the registered owner or any
interested party may ask the corresponding court to declare
the termination of registered real right or the creation of
new real rights.
7. Cadastral answer may not be thrown out upon a mere motion
of adverse claimants.
8. written declaration claiming certain described propertybasis of jurisdiction to render a judgment
9. Court has no jurisdiction to:
i. decree a lot as not contested when it is contested
ii. proceed to adjudication without giving the opposing
parties an opportunity to be heard
10. Additional territory cannot be included by amendment of the
plan without new publication.
Certificate of tile based on a
Certificate of title issued
patent
pursuant to cadastral
proceedings
it is still subject to certain it becomes incontrovertible after
conditions and restrictions the lapse of 1 year
even after the expiration of 1
year from the issuance
thereof
11. judicial act- judgment in a cadastral proceeding, including
the rendition of the decree
12. Gen. Rule: Registration of title under the cadastral system is
final, conclusive and indisputable, after the lapse of the
period allowed for an appeal; Exception: special provision
providing for fraud
13. New titles may be issued for private lands within cadastral
survey. The new title issued under the cadastral system to a
person who already holds a valid Torrens title must include
the whole land specified in the latter.
14. Decision declaring land as public land is not a bar to a
subsequent action for confirmation of title over the same
land.
Requisites:
i. the applicant complies with the provisions of Sec.
48 of CA No. 141
ii. the said public land remains alienable and
disposable (Director of Lands v. CA and
Manlapaz)
15. Issuance of writ of possession is imprescriptible.
Cases where decision of the cadastral court was considered res
judicata (pp. 382-385):
1. Rodriguez v. Toreno: the final judgment rendered
therein is deemed to have settled the status of the
land subject thereof, and the purported sales if not
noted on the title, are deemed barred under the
principle of res judicata.
2. Abesv. Rodil: Test to determine the existence of res
judicata- would the same evidence support and
establish both the present and former cause of
action?
3. Republic v. Vera: the cadastral court declared the lands
in question public lands, thus the respondents are
now barred by prior judgment to assert their rights
over the subject land; Rationale- under the said
doctrine, parties are precluded from re-litigating the
same issues already determined by final judgment
4. Navarro v. Director of Lands: res judicata barred
petitioners application for registration under Sec.
48 of the Public Land Act
Reasons:
i. finality of the formal judgment- the
declaration by final judgment in the
cadastral proceeding that they are
public lands
ii. identity of cause of action- registration of the
two lots in question
iii. identity of the subject matter- whether the
lots applied for are part of the public
domain or have so far been possessed
by appellant that he must be deemed to

40

Land Titles and deeds 2nd Exam

AttyYekkyNotes

have acquired title thereto which is


sufficient for registration in his name
SUBSEQUENT REGISTRATION
Refers to incidental matters arising after original
registration
When you get title to your property, you can keep the land
because you are already conclusively presumed to own
the property, you may sell it, you may lease it out, you
may use the same as collateral for mortgage. Thats the
importance of land title, it not only serves as proof of
ownership of land but also simplifies subsequent
transactions over the property.
Voluntary or involuntary
Voluntary: ikaw mismo, you sell, etc
Involuntary: you have nothing to do with whats going on
with your property
RULES necessity and effects of registration in general
Except a will that purports to convey or affect registered land, the
mere execution of deeds of sale, mortgage, or lease or other
voluntary documents serve 2 purposes:
1. Contract between the parties
2. Evidence of authority of ROD to register such documents.
Ex. A sells land to B, prepare a contract of sale
Remember that a sale is valid in any form, as a consensual contract it
is perfected by mere consent. The contract of sale itself is our
meeting of the minds. So it doesnt have to be in any particular for in
order to be valid. However, when the law says that some contracts
need to be in writing and even in a public instrument for purposes of
convenience only..
what is convenience? You cant deliver the land physically. So you
execute a contract as a means of symbolic delivery. Thats the first
function of a written contract. The next question is, does it have to
be in a public instrument? Kelangan ba notaryohan?
(discussion bout attorneys fees blah. 5% of notarial fees.. )
Pwede ba no notary? NO. Kelangan notaryohan. Because apart from
the deed of sale being the contract between the parties, it is also the
evidence of the register of deeds to register the documents
executed between the parties. Remember that the ROD never deals
with transactions over property unless the sale is under a public
document. Thats CONVENIENCE. If its only a public dealing, you
cant have it processed by the ROD. It is only the act of registering
the document with the ROD of the province or city where the land
rd
lies that is the authoritative act which conveys the land insofar as 3
persons are concerned.

Sale with right to repurchase


Exra-judicial settlements
Free patent/ homestead entries
Powers of attorney
Trusts

Manresa 2012-2013

in court, your property is


attached for the purpose of
satisfying a money debt
Injunction
Mandamus
Sale on execution of judgment
Sale because of tax delinquency
(BIR will issue a notice of
restraint and levy, property sold
in public execution sale)
Adverse claim over property
Notice of lis pendens (annotated
at the back of TCT)

An innocent purchaser for value Entry in the book of the ROD will
of registered land becomes the be sufficient notice to all
registered owner the moment persons even if the owners
he presents and files a duly duplicate certificate of title is
notarized and valid deed of sale not presented in the ROD
and the sale is entered into the
__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
Theres a need to present title, No presentation required.
to record deed in registry, and Annotation and entry in the ROD
make a memorandum of the is sufficient
dealings
When it becomes effective: Registration is effective once it is
Once the owners duplicate entered in the daybook of the
certificate of title is submitted ROD
coupled with payment of fees.
Once its recorded in the
daybook and is annotated
behind the title, the voluntary
transaction is deemed register
rd
and will affect 3 parties from
that period on.
****Sirs opinion: to my mind, thats why they call it voluntary and
involuntary. Because in voluntary, title cant be registered unless
the owner of the certificate of title presents his owners duplicate
certificate of title. You cant keep our title if you sell the property for
the purpose of annotation.
In involuntary: bisan unsa pagtago sa titulo, dili siya kinahanglan.
Enough na ang entry in the book.

Book s of Entry: Section 56 Primary Entry Book

rd

How does it affect 3 persons concerned? Suppose there is a written


contract between the parties but its not notarized. Is it valid? YES.
Can be in writing, can be by word of mouth; partly in writing and
partly by word of mouth; inferred from the conduct of the parties.
However, suppose somebody else has an interest over the property,
would that sale between the two parties bind the third person if its
rd
not registered? NO, you cant bind 3 persons. Will you be able to
have it registered? No, because ROD deals with public documents
only.
The act of registration serves as a notice to the whole world of such
voluntary or involuntary instrument for cross-reference purposes.
VOLUNTARY REGISTRATION
Deeds,
instruments,
or
documents which are the results
of the free and voluntary acts of
the parties thereto including
owner or holder of the
certificate of title

Ex. Real Property Mortgage


(prenda)
Lease

INVOLUNTARY REGISTRATION
Writs, orders, or processes
issued by a court affecting
registered land which by law
should be registered to be
effective and such instruments
which are not the willful act of
the registered and have been
executed without his knowledge
or consent.
Ex. Govt exercises eminent
domain
Attachment (when in a case filed

Section 56. Primary Entry Book; fees; certified copies. Each


Register of Deeds shall keep a primary entry book in which, upon
payment of the entry fee, he shall enter, in the order of their
reception, all instruments including copies of writs and processes
filed with him relating to registered land. He shall, as a preliminary
process in registration, 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: Provided, that the
national government as well as the provincial and
city governments shall be exempt from the payment of such fees in
advance in order to be entitled to entry and registration. Every deed
or other instrument, whether voluntary or involuntary, so filed with
the Register of Deeds shall be numbered and indexed and endorsed
with a reference to the proper certificate of title. All records and
papers relative to registered land in the office of the Register of
Deeds shall be open to the public in the same manner as court
records, subject to such reasonable regulations as the Register of
Deeds, under the direction of the Commissioner of Land Registration,
may prescribe.
All deeds and voluntary instruments shall be presented with their
respective copies and shall be attested and sealed by the Register of
Deeds, endorsed with the file number, and copies may be delivered to
the person presenting them. Certified copies of all instruments filed
and registered may also be obtained from the Register of Deeds upon

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payment of the prescribed fees.

in the order of their reception paunhanay. Ex. In a


double sale of immovable property, the rule is the one
entitled to the property is the person who was, in good
faith, first to register the transaction affecting him.

The problem with the ROD now, the ROD is turning more
technologically advanced. If you want a physical records of the
transactions affecting the title, gubot ang ROD. What will the ROD
issue? A certification na wala pa nakita ang titulo. (hes pertaining to
ROD Davao, its transfer from Ecoland to Magallanes). You must have
an electronic reproduction of these documents (in PDF file) para dili
ka mambroblema kaayo. But that will be more open to
counterfeiting.

VOLUNTARY DEALINGS WITH REGISTERED LANDS


GENERAL PROVISIONS
Section 51. Conveyance and other dealings by registered owner.
An owner of registered land may convey, mortgage, lease, charge or
otherwise deal with the same in accordance with existing laws. He
may use such forms of deeds, mortgages, leases or other voluntary
instruments as are sufficient in law. But no deed, mortgage, 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, but shall operate only as a contract between the parties and as
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.
What would be the effect of forging of deeds?
Generally, a forged deed is null and void. It does not
convey any title. It does not produce any effect as a general rule.
Instances when a forged document may become the root of a valid
title
1. Where the certificate of title was already transferred from
the name of the true owner to the forger and while it
remained that way, the land was subsequently sold to an
innocent purchaser for value.
A has property. He did not alienate it. B succeeds in
forging the deed of sale making it appear that A entered
into a transaction giving B full ownership of the property.
Does the forged deed have any effect? NO. Because its
forged. Not a voluntary act of the owner. Does not
produce any legal effect except to impute criminal liability
on the part of the forger.
B, after obtaining title to the property, sold the property to
C who had no knowledge of the forgery committed by B. if
C is an innocent purchaser for value, generally, pasensya si
A. that forged deed became a source of a valid title of C.
We will qualify this rule
Chain of Title Theory: an approach to determine validity of
title where forged deeds are involved. It examines the
comparative negligence of the parties.
Example:
Bianca owns a piece of land and she has a certificate of
title. Bianca migrates to the US and leaves the title to Kim.
Kim forges the deed of sale, making it appear that Bianca
sold the land to her. Kim presents the forged deed and the
original duplicate certificate of title to the ROD. As a result,
the ROD cancelled Biancas title and issues a new title to
Kim. Assuming that Bianca comes back and finds out the
forgery and subsequent deed of sale, can Bianca recover
the title from Kim?
Answer: YES. Because a forged deed does not give any
rights to Kim.
Follow-up:
Example 2: Kim sells the land to another person, Maja.
Maja registers the land, presenting the TCT, now in the
name of Kim and the deed of sale to the ROD. She

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successfully obtains a title to her name. Bianca comes back


and finds out about the forgery but this time land is no
longer in the name of Kim. Its already in the name of
Maja? No, because in the meantime, an innocent
purchaser for value was able to obtain title to the
property. As between Bianca and Maja, Maja is not
negligent since she is not aware of the forgery that took
place. The one that is negligent is Bianca because she
entrusted her title to Kim.
So youre now comparing the negligence of Bianca and
Maja.
Example 3: Bianca has title over a parcel of land. One
night, a thief came and stole Biancas title. The thief goes
to the province and claims that she is Bianca and sells
Biancas title to land. She forges Biancas signature and
sells the property to Maja. Maja registers the property and
successfully obtains a title in her name. later on, Bianca
traces the title and goes after Maja. Can Bianca file an
action for reconveyance against Maja? YES. Maja was
negligent because she failed to ascertain the true identity
of the seller and therefore the owner of the property.
Since she is negligent, she cant be considered as an
innocent purchaser for value.
Comparing Example 2 and Example 3: in 2, the owner was
negligent. In 3, no negligence. The loss of the title was a
fortuitous event (pero technically not fortuitous event
because it was the act of man).
Example 4: Suppose Kim steals the title from Bianca, then
Kim forges the deed, making it appear that Bianca sold the
property to her. Kim obtains title. Kim later on sells the
property to Maja. In this case, Maja is transacting with the
right person because it appears in the title that Kim is
already the owner. Maja is not aware that Kim forged the
deed of sale between her and Bianca. Suppose Maja
obtains a title. In this case, Maja is not aware. Neither is
she negligent. Bianca is also not negligent since it was
stolen from her. In the Torrens system, Maja would be
preferred. Why? Because she is an innocent purchaser for
value.
INSTANCES of FORGERY:
1. GENERAL RULE: Void, no effect
2. Property finds its way to innocent purchaser for value
3. Innocent purchaser was negligent: there can be
action for reconveyance
4. Both of them not negligent: innocent purchaser is
preferred, because there is always a recourse to the
assurance fund given to the person who loses his title
in this type of situation
Requirement for Voluntary Dealings:
1. Presentation of owners duplicate certificate of title:
conclusive authority to the ROD to enter a new certificate
or memorandum of registration.
Ownership of property by means of voluntary dealing may
be full or partial.
(A) CONVEYANCES AND TRANSFERS
Full Conveyance
Section 57.Procedure in registration of conveyances. An
owner desiring to convey his registered land in fee simple
(full ownership) shall execute and register a deed of
conveyance in a form sufficient in law. 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 owner's duplicate certificate. The
Register of Deeds shall note upon the original and
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. The original and the owner's
duplicate of the grantor's certificate shall be stamped
"canceled". The deed of conveyance shall be filled and

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Land Titles and deeds 2nd Exam

indorsed with the number and the place of registration of


the certificate of title of the land conveyed.

Partial Conveyance
Section 58.Procedure where conveyance involves portion
of land. If a deed or conveyance is for a part only of the
land described in a certificate of title, the Register of
Deeds shall not enter any transfer certificate to the
grantee until a plan of such land showing all the portions
or lots into which it has been subdivided and the
corresponding technical descriptions shall have been
verified and approved pursuant to Section 50 of this
Decree. Meanwhile, such deed may only be annotated by
way of memorandum upon the grantor's certificate of
title, original and duplicate, said memorandum to serve as
a notice to third persons of the fact that certain
unsegregated portion of the land described therein has
been conveyed, and every certificate with such
memorandum shall be effectual for the purpose of
showing the grantee's title to the portion conveyed to him,
pending the actual issuance of the corresponding
certificate in his name.
Wala pay TCT na mugawas. Why? Kay wala pa na
subdivide. Kung nakasubmit na kag subdivision plan, which
will clearly indicate which is the entire property, what part
of it is clearly to be taken out of the original title, it is only
then when you have a title issued. In the meantime, satisfy
yourself by having the deed or conveyance annotated in
the title kept by the ROD. That is the memorandum that
the ROD will enter upon the certificate of title. Wala pang
titulo na lalabas until and unless there is a proper
subdivision of the property.
Upon the approval of the plan and technical descriptions,
the original of the plan, together with a certified copy of
the technical descriptions shall be filed with the Register of
Deeds for annotation in the corresponding certificate of
title and thereupon said officer shall issue a new certificate
of title to the grantee for the portion conveyed, and at the
same time cancel the grantor's certificate partially with
respect only to said portion conveyed, or, if the grantor so
desires, his certificate may be canceled totally and a new
one issued to him describing therein the remaining
portion: Provided, however, that pending approval of said
plan, no further registration or annotation of any
subsequent deed or other voluntary instrument involving
the unsegregated portion conveyed shall be effected by
the Register of Deeds, except where such unsegregated
portion was purchased from the Government or any of its
instrumentalities. If the land has been subdivided into
several lots, designated by numbers or letters, the Register
of Deeds may, if desired by the grantor, instead of
canceling the latter's certificate and issuing a new one to
the same for the remaining unconveyed lots, enter on said
certificate and on its owner's duplicate a memorandum of
such deed of conveyance and of the issuance of the
transfer certificate to the grantee for the lot or lots thus
conveyed, and that the grantor's certificate is canceled as
to such lot or lots.
1.

2.

3.

So kung pila lang ang natanggal, mao lang ang issuhan


ug title and declare the original title to be cancelled
insofar as those original portions are concerned.
Or if the grantor/ seller decires, his certificate may be
canceled totally and a new one issued to him
describing therin the remaining portion.
Or if also desired, instead of cancelling the title and
issuing a new one, the ROD may annotate on the
certificate a memorandum of a deed of conveyance
conveyance and of the issuance of the transfer
certificate to the grantee for the lot or lots thus
conveyed, and that the grantor's certificate is
canceled as to such lot or lots.

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Section 59. Carry over of encumbrances. If, at the time of any


transfer, subsisting encumbrances or annotations appear in the
registration book, they shall be carried over and stated in the new
certificate or certificates; except so far as theymay be
simultaneously released or discharged.
Naa kay utang. Gi prenda nimo imong property, can you sell that
property in the meantime? Of course. You can sell the property kahit
may mortgage. But the effect will be carrying over of the
encumbrance.
NOTE: FOR SUBSEQUENT REGISTRATION, SEE FULL TEXT OF PD1529
SUBSEQUENT REGISTRATION
where incidental matters after original registration may be
brought before the land registration court by way of motion or
petition filed by the registered owner or a party in interest.
Dealings with registered lands:
1. Voluntary
a. Sale
b. Real Property Mortgage
c. Lease
d. Pacto de retro sale
e. Extra-judicial settlement
f. Free patent/homestead
Registration of Voluntary Instruments
a. Instrument must be in a form sufficient in law
Nationality of the applicant is an important
qualification.
b. Presentation of the deed or instrument
c. Presentation of the Certificate of Title
d. Certificate Authorizing Registration, as issued by the BIR
proof of payment of capital gains tax and
documentary stamps
e. Entry in the Primary Entry Book
The date of registration is material for purposes of
Art. 1544 of the CC re: double sales.
f. Payment of prescribed fees
2. Involuntary
a. Attachments
i. preliminary attachment
ii. garnishment
iii. levy on execution
b. Registration of sale of land on execution,
or for taxes, or for any assessment
c. Adverse Claim
Requisites for Registrability:
i. adverse to registered owner
ii. arises after original registration
iii. cannot be registered under any other
provisions of the Land Registration Act.
If annotated in the certificate of title, it cannot be
cancelled without court order.
d. Notice of Lis Pendens
When Applicable:
i. to recover possession of real estate
ii. to quiet title thereto
iii. to remove clouds upon title thereof
iv. for partition
v. any other proceeding of any kind in court
directly affecting the title to the land or the use
or occupation thereof or the building thereon.
When Inapplicable: (PAPAL)
i. proceedings for the recovery of money
judgments
ii. attachments
iii. proceedings on the probate of wills
iv. administration of the estate of deceased
persons
v. levies on execution
e. Foreclosure

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