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NOTES in Land Titles and Deeds

Torrens System- system of land


registration where a registrar of land
holdings maintained by the state
guarantees an indefeasible title to
those included in the register.
LRA- Land Registration Authority
Purpose of Land Registration
1. to quiet title
2. to put stop to any question of
legality to the title.
EXCEPT:
-claims on the certificate which
are noted at the time of registration on
which may arise subsequent thereto.
(way of annotation)
Purposes:
1. codify registration laws
2.
strengthen
the
torrens
system
3. simplify and streamline the
registration
4. helps in implementing the
land reform law.
NATURE
OF
PROCEEDINGS

REGISTRATION

2. Curtain
need to go
title as it
about the
ownership
complicated

Principle- one does not


behind the certificate of
contains all information
title without need for
to
be
proved
by
process.

3. Insurance Principle- provides for


the compensation of loss if there are
errors made by the registration of title.
CHARACTERISTIC OF TITLE
1. indefeasible
2. not subject to collateral
attack
3. imprescriptible
4. incontrovertible
5. absence of flaws
JURISDICTION
-RTC- location of the property
-Overall jurisdiction
Filed after the original filing of
the property.
RTC
1.
original
application
for
registration
2. other issues other than
original registration
MTC

-In rem or notice against the whole


world and against the government.
-IPV- Innocent Purchaser Value (Good
Faith Buyer)
THREE PRINCIPLES OF TORRENS
SYSTEM

1.
RA
7691expanded
jurisdiction of MTC
2. limited to the delegated
jurisdiction on the original registration
of land with cadastral.
3.
contested
valuenot
exceeding 100,000
NON-REGISTRABLE MATTERS

1. Mirror Principle- certificate of title


reflects or mirrors accurately
andf
completely the current facts about
persons title. New title has to be
identical to the real one in terms of
description of the land.
EXCEPT: for owners name.
LTD NOTES- NUQUE

1. those intended for public use, such


as roads, canals, rivers, torrents, parts
and bridges constructed by the state,
banks, shores, roadsteads and other
similar character.

2. those belong to the state without


being for public use and one intended
for some public use and one intended
for some public service or for the
development of the national wealth.
KINDS OF PROPERTIES
A. Public Dominion
B. Properties intended for public use,
public service and development of
national wealth.
PATRIMONIAL PROPERTY
1. All other property of the State,
which is not of the character stated in
the preceeding article, is patrimonial
property.
2. Property of public dominion, when
no longer intended for public use or
for public service, shall form part of
the patrimonial property of the State.

8. open spaces in subdivisions


WHO MAY APPLY- Sec. 11 of PD 1529
OCEN POs
-open
-possesion
-continuous
-occupation
-exclusive
-notorious
* as possesion alone may
constructive possesion.
*must
be
occupation.

both

mean

possesion

and

- ownership- other real rights on


immovable also prescribe thereof for
30 yrs, without title or of good faith.
-those who have acquired ownership
of private lands or abandoned river
beds by right of accession.

-only agricultural land can be leased.

-those who have acquired ownership


of land in any other manner provided
by law.

LIMITATION: Private corp or association


may not hold such alienable lands of
public dominion except by lease, for a
period not exceeding 25 yrs and not to
exceed 1,000 hectares in area.

MAY BE FILED BY:


1. vendor
2. co-owners
3. by trustee
beneficiary

INDIVIDUAL: may lease not more than


500 hectares or acquire not more tahn
12 hectares.

WHO MAY NOT APPLY:


1. applicant to land patent
2. mortgagee
3. antichretic creditor
* Non-resident applicant through an
agent or representative residing in the
Philippines shall agree that service to
his agent of any pleadings.

THUS:
with
the
exception
of
agricultural lands, all other lands of
public domain shall not be alienated.
NON- REGISTRABLE
1. foreshore and reclaimed areas/lands
2. lakes and navigable rivers and
creeks
3. graving lands
4. watershed
5. previously titled land
6. alluvial deposit
7. ancestral domain
LTD NOTES- NUQUE

in

favor

of

*Foreigners (not allowed) except for


hereditary succession.
-Transferee of private lands-subject for
limitation
1. BP 185

-natural-born Filipinos who ahd


lost their Filipino citizenship.
2. In case of married couples
-if both would avail of privilege,
total area should not exceed.
3. Form and content
-writing
-description of land
-citizenship
-signed by the applicant
-indicate
the
names
and
addresses of all occupants of the land
and adjoining owners.
-asserted value of the land
acquired.
-manner
by
which
land
acquired.
-encumbrances
-if bound by public/private road
-could encompass more than
one parcel of land.
4. notice of initial hearing
-date of hearing must not be
earlier than 45 dys nor later tahn 90
dys from date of registration.
PROCEDURE:
1. survey of land by the Bureau of
Lands or licensed pvt. Surveyor.

7. Filing of answer to the application


by any person whether named in the
notice or not.
8. General default- if no opposition
-set date for prescription of
evidence
9. Reception of evidence by applicant
thru by opposition if any:
10. Promulgation of judgment
-between 15 dys after receipt of
judgment.
11. insurance of the decree by the
court.
-declare decision final
-instruction LRA issue a decree
of confirmation and registration.
12. Entry of decree of Registration in
LRA.
13. Sending of copy of decree of
Registration to the corresponding RD.
14. transcription of teh decree of Reg.
In the Reg. Book of the RD- 2 copies.
CADASTRAL
government)

(initiated

by

2. where the land situated


3. setting of date for initial hearing by
the court
4. transmittal of the application and
teh date of initial hearing together
with requisite attachments by the
clerk of court LRA.

-Nature- In REM
-including parties who are not parties
thereto and particularly against those
who had actually taken part in the
proceedings as well as successors-ininterest.
FINALS

5. Publication of notice of filing of the


application and date.

REMEDIES OF PARTIES AGGRIEVED


BY REG.

6. service of notice upon contigous


rivers, occupants and shore known to
have an interest in the property by
sheriff.

1. Motion for new trial (RULE 37)


Period: 15 dys from receipt of
judgment or trial order.

LTD NOTES- NUQUE

Grounds:
FAME
accident,mistake,
negligence)

(Fraud,
excussible

FRAUD
1. Actual or positive Fraud
-proceeds from an intentional
deception practiced by means of
misrepresentation or concealment of a
material fact.
2. Constructive Fraud
-construed as detrimental effect
on public interests and public or
private confidence even though the
act is not done with an actual design
to commit positive fraud or injury upon
other persons.
Requisite
for
Newly
Evidence
1. discovered after trial
2. evidence could not
discovered and produced
of trial or even with
reasonable diligence.
3. evidence is material
corroborative.

Discovered
ahve been
at the time
exercise of
not merely

EFFECT OF PARTIAL NEW TRIAL


Court may either:
1. Enforce the judgment until new
judgement
2. Partial execution of judgment
*IF MNT /MR denied- appeal the
merits.
PERIOD OF APPEAL- after the denial of
MR.
2.
Petition
for
relief
from
judgments
Period:
60 dys from receipt of
judgment or final order and not more
than 6 mos after such judgment or
final order has been rendered.
Grounds: FAME
Requisites
1. affidavit merits showing FAME
LTD NOTES- NUQUE

2. available even if decree of


registration is not yet issued
3. must be filed by parties to the case
only
4. if MNT/MR has been filed and
denied , petition for relief is no longer
available and vice versa R37 and R38
are exclusive of each other.
3. Appeal
Period: 15 dys from receipt of
judgment
Grounds: erroneous judgment
Mode: by way of notice of appeal with
RTC or MTC then RTC forwards records
on appeal to CA (or MTC to RTC)
Requisites:
Notice to adverse party
Payment of docket fees
RULE 45- Appeal by certiorari to SC
On questions of law: within 15 dys
from receipt of judgment.
RULE 65- pet. For review on certiorari
-without
abuse
of
discretion
amounting to lack or excess of
jurisdiction
-MR is required, if appeal is not
available
-not later than 60 dys from notice of
judment or order.
4. Petition for review
Period: within one year from entry of
decree of registration
Mode: file with RTC which issued the
decree of registration
Ground: actual fraud, extrinsic fraud
EXCEPT: IPV
Who may file:
Any person deprived of property
or interest therein, even the govt.
Specific instances of Fraud:
1. deliberate misrep that the lots are
not contested or no other claimants

2.
applying
for
and
obtaining
adjudication and registration in the
name of co-owner which he knows has
not been allotted to him in the
partition.
3. intentionally concealing of facts
4. deliberate failure to notify party
entitled to notice
5. misrep as to the entity of the lot to
the true owner
6. deliberate falsehood
*Period of one year is computed from
the issuance of the decree by LRA.
5. Annulment of Judgment
Period:
a. extrinsic fraud- 4 yrs from discovery
(but not vailable if ground could have
been availed of in MNT or pet for
relief)
b. if based on lack of jurisdiction:
before it is barred by laches or
estoppel
Grounds: extrinsic fraud; lack
jurisdiction of court
Where to file:
1.CA for decisions of RTC
2. RTC for decisions of MTC

of

EFFECT of judgment: render it null and


void without prejudice to the original
action being refiled in the proper court
-if judgement or final order was set
aside on ground of extrinsic fraud, teh
court on motion may order the trial
court to try the case as if a timely MNT
had been granted.

Period: after lapse of one year from


issuance of decree; thus petn for
review no longer avialable
But available also even before
issuance of decree because this is not
exclusive with petition for review.
Grounds:
Actual fraud
Void
contractexpress
trustimprescriptible
Implied trust- prescribes in 10 yrs
counted from date of adverse title
EXCEPTION- IPV
7. Quieting of title
-the settled rule is that an
action for quieting of title is
imprescriptible,as in the instant case,
where the person seeking relief is in
the possession of the disputed
property.
- a person in actual possession
of a piece of land under claim of
ownership ,ay waiy until his possesion
is disturbed or his title is attacked
before taking any step to vindicate his
right and that the undisturbed
possession gives him the continuing
right to seek the aid of teh court of
equity to ascertain and determine teh
nature of the adverse claim of a third
party and its effect on his title.
8. Action for Damages
- after one year from decree of
registration and if reconveyance is no
longer available because property has
been passed on to IPV.
-prescribes in 10 yrs fromissuance of
title over the property.
Ground: Actual fraud

6. Reconveyance

LTD NOTES- NUQUE

9. Assurance Fund
(in case of insolvency of the party who
procured the wrongful act)

Grounds: fraud, in consequence of


error,
omission,
mistake
or
misdescription of the property in any
OCT/TCT
LIMITATION:
-file within period of 6 yrs from
RT of action arises
- value up to FMV at the time of
loss/damage
10. Criminal Actions
FORGERY
PERJURY
11.
Reversion
involving public land

2. can withdraw his appeal


3. if not satisfied, CA
Settlement of Estate
- parties can enter judicial partition of
property
- alleged surviving heirs
-indicate the real property
* even
covered

if

unregistered

land

still

Partition RD
-2 yrs for anyone who have
claim to contest the judicial partition.
proceedings:

NO claim: Court rest on the evidence


of estate.

PATENT CASE
- public land is involved
-govt action
- it should be alienable
New law: Residental law

RECONSTITUTION
- prove your claim over the property

Duty: to call such docs granting the


registration to be registered by any
other
property
subjected
to
adjudication.

1. There must be notice to RD bya


ffidavit that your copy is lost

Period: 30 yrs- continous occupation


and cultivation (agricultural land)
10 yrs- residential land

AUTHORITY of the COURT- to issue the


same title. (The same except for
additional memorandum)

Areas: residential not exceed 200 m.


LGU- may applied for patent for public
use

Conditions for RT
1. must be twice in OG
2. mailing
3. printing M/P

WHERE to apply: DENR


CONSULTAS- deed of sale of patent.
- property granted by
patent
Recourse of owner:
1. appeal via consultas LRA

LTD NOTES- NUQUE

Typographic
errorproceedings (invalid)

w/o

court

2. Publication before the trial

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