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Purpose of Registration:
1. Serve as constructive notice
2. Prevent fraudulent claims
3. Protect interest of strangers to transaction
Modes of Acquiring Land Titles:
1. Title by public grant conveyance of public land by government to a private
individual
2. Title by acquisitive prescription open, continuous, exclusive, notorious possession of
a property
3. Title by accretion alluvion
4. Title by reclamation filling of submerged land by deliberate act and reclaiming title
thereto; government
5. Title by voluntary transfer private grant; voluntary execution of deed of conveyance
6. Title by involuntary alienation no consent from owner of land; forcible acquisition by
state
7. Title by descent or devise hereditary succession to the estate of deceased owner
8. Title by emancipation patent or grant for purpose of ameliorating sad plight of
tenant-farmers; not transferable except by hereditary succession
1.
2.
3.
4.
Register directly with REGISTER OF DEEDS for purpose of canceling such title &
issuing a TCT.
Party appears at initial hearing without having filed an answer and ask court for time
to file answer but failed to do so within period allowed.
Once final, cannot be subject to attack, deemed conclusive against the world
3. Put end to litigation
4. Purpose of Torrens system is protected
Person entered into property after decree- non claimant; had been there for 10 years
Means to Recover Possession:
1. Forcible entry
2.
3.
4.
Unlawful detainer
Accion publiciana
Accion reindivicatoria
Res Judicata:
1. Former judgment must be final
2. Rendered by court having jurisdiction over subject matter & parties
3. Judgment on merits
4. Identity of parties, subject matter and causes of action
Remedies Available to Aggrieved Party in Registration Proceedings:
1. Motion for new trial must be brought within 15 days from notice of judgment
2. Fraud, accident, mistake, excusable negligence which ordinary prudence could not
have guarded
3. Newly discovered evidence which could not be discovered & produced at trial
4. Evidence insufficient to justify decision, decision is against the law
5. Appeal must be brought 15 days from notice of judgment
6. Review of decree of registration available to party deprived of day in court; became
non-party due to misrepresentation; invoke actual fraud; before expiration of 1 year;
specific acts intended to deceive; will no longer prosper if already transferred to
innocent purchaser for value
7. Plaintiff is owner of land registered in name of defendant
8. Registration procured through actual fraud
9. Property has not issued to innocent purchaser for value
10. Action is filed within 1 year after issuance of decree of registration
11. Relief from judgment 60 days 6 months after entry of order; available to party to
case, FAME; after judgment; person deprived of right is party to case
12. Reconveyance action in personam; available so long as property not passed yet to
innocent purchaser for value; bad faith or with notice of defect
13. Recovery for damages
14. Person is wrongfully deprived of his land by registration in name of another actual
or constructive fraud
15. No negligence on his part
16. Barred/ precluded from bringing an action
17. Action for compensation has not prescribed
2.
3.
4.
5.
6.
7.
8.
Need to present title to record the deed in registry & to make memorandum on title.
Involuntary dealings
6.
4.
5.
6.
Real Mortgage
Chattel Mortgage
No right of redemption
If being withheld by the owner, Register of Deeds notifies by mail within 24 hours to
registered owner:
1. Stating that mortgage has been registered
2. Requesting that owners duplicate be produced so that memorandum be made
thereof
Owner refuses to comply within reasonable time; Register of Deeds to notify court &
court may enter order requiring owner to produce certificate
Subsequent Dealings in Mortgaged Property
1. May be further alienated stipulation to contrary is void
1.
1.
1.
2.
1.
Assignment must also be registered since registration is operative act to affect land
If not recorded valid as to parties but not to 3rd parties, right not protected against
somebody who registers & procures better right
No need to secure permission of mortgagee
Understood unless prohibited in contract
May be further mortgaged stipulation to contrary is void
Pactum commisorium not allowed
Property is mortgaged
There is stipulation for automatic appropriation
Discharge
Execute public document canceling or releasing mortgaged in form prescribed by law
Present instrument with Register of Deeds where land lies together with owners
duplicate for registration
Memorandum of cancellation is annotated on duplicate & original
owner
Purchaser to be entitled to new certificate of title & memorandum endorsed on
mortgage deed
If there is redemption, memorandum to be annotated on certificate of title
2. EXTRA-JUDICIAL
if property is more than P400.00, publication must be for 3 consecutive weeks in news
paper of general circulation
If foreclosure by rural banks, exempt from publication in newspaper for loans not
exceeding 3,000.00
Registration of sale in Register of Deeds:
1.
2.
3.
4.
5.
6.
Deed of sale must be supported by certificate of sheriff that said sale was conducted
accordingly stating the date, time, place of sale, names of creditor & debtor,
description of property, name of highest bidder, selling price
Present in Register of Deeds where land lies
Memorandum on back of certificate is made
After expiration of 1 year of redemption period title is consolidated if no redemption
exercised: purchaser to file with Register of Deeds the deed of sale & sworn statement
attesting to fact that there is no redemption
New certificate of title issued in favor of vendee
If redeemed notice of redemption shall be registered & accomplished by way of
memorandum on proper certificate of title
Right of Redemption
Payment of purchase price plus 1% per month plus taxes if paid by purchaser
Requires only description to enable parties & other persons to identify the subject
matter
Registration of Chattel Mortgage
1. Execution of document
2. Payment of fees
3. Register of Deeds enters in DAY BOOK in strict order of their presentation chattel
mortgages & other instruments relating thereto (primary process)
4. Register of Deeds thereafter enters in a more detailed form the essential contents of
the instrument in the Chattel Mortgage Register (complementary process)
Effect of Registration:
1. Creates a lien attaches to the property whoever holds it; binding on subsequent
purchasers
2. Constructive notice
Sale of Chattel Without Consent of Mortgagee void; criminal act
The must first be non-payment & at least 30 days have elapsed since then
Alternatives:
1. Judicial
2. Extra-judicial only if there is stipulation/authority
Procedure in Foreclosure
1. Notice posted for 10 days in at least 2 public places in municipality where property is
to be sold designating the time, place and purpose of sale
2. Mortgagor is notified in writing at least 10 days before sale
3. Public auction
4. 30 days after sale, officer makes a return & file with Register of Deeds where
mortgage has been recorded
5. Officers return operates as a discharge of the lien created by the mortgage
6. Proceeds to be applied:
7. Cost of sale
8. Amount of obligation
9. Subsequent mortgages
10. Balance mortgagor
Recovery of Deficiency: Allowed
Lease one of parties deliver possession of property to another who is obliged to pay
rent for use of such property.
Registration of Lease
1. File with Register of Deeds the instrument creating lease together with Owners
Duplicate of certificate of title
2. Register of Deeds to register by way of memorandum upon certificate of title
3. No new certificate shall be issued
When Prohibition in Mortgaged Property as regards Subsequent Conveyances,
etc.: Leasehold cannot be registered in the title thereof.
Effect of Registration:
1. Creates a real right but without prejudice to rights of 3 rd persons
2. If not registered valid as between parties but not to 3rd persons without notice
Registration lessor not required to initiate; lessee shall initiate
Aliens:
1. May be granted temporary rights for residential purposes
2. Limit: 25 years, renewable for another 25 years
Who Else May Register: Builder in Good Faith
Prescribes in 10 years
If acknowledged in written form becomes express trust prescribes upon
repudiation
A writ issued at the institution or during progress of an action commanding the sheriff
to attach the property, rights, credits or effects of the defendant to satisfy demands of
the plaintiff
Kinds:
1. Preliminary
2. Garnishment
3. Levy on execution
Registration of Attachment / Other Liens
1. Copy of writ in order to preserve any lien, right or attachment upon registered land
may be filed with Register of Deeds where land lies, containing number of certificate of
title of land to be affected or description of land
2. Register of Deeds to index attachment in names of both plaintiff & defendant or
name of person whom property is held or in whose name stands in the records
3. If duplicate of certificate of title is not presented:
4. Register of Deeds shall within 36 hours send notice to registered owner by mail
stating that there has been registration & requesting him to produce duplicate so that
memorandum be made
5. If owner neglects or refuses Register of Deeds shall report matter to court
6. Court after notice shall enter an order to owner to surrender certificate at time &
place to be named therein
4. Although notice of attachment is not noted in duplicate, notation in book of entry of
Register of Deeds produces effect of registration already.
Effect of Registration of Attachment:
1. Creates real right
2. Has priority over execution sale
3. But between 2 attachments one that is earlier in registration is preferred
4. If not registered actual knowledge is same as registration
Duty of Register of Deeds
1.
2.
Document to be registered
1. EXECUTION SALE
Sale of land for collection of delinquent taxes and penalties due the government
In personam (all persons interested shall be notified so that they are given
opportunity to be heard)
Publication of notice must also be made in English, Spanish & local dialect & posted
in a public & conspicuous place in place wherein property is situated & at main
entrance of provincial building
Sale cannot affect rights of other lien holders unless given right to defend their
rights: due process must be strictly observed
No need to register tax lien because it is automatically registered once the tax
accrues
3.
4.
5.
No 2nd adverse claim based on same ground shall be registered by same claimant
Duty of the officer serving notice to file copy of notice to Register of Deeds where the
property of debtor lies
New certificate shall not that it is entered to him as assignee or trustee in insolvency
proceedings
Judgment / Order Vacating Insolvency Proceedings
Surrender title issued in name of assignee & debtor shall be entitled to entry of new
certificate
2. GOVERNMENT IN EMINENT DOMAIN
Administrator shall file with Register of Deeds registration of property in his name to
be vested with ownership as trustee so he can sell, etc, convey, etc
Heirs may partition estate immediately & no need to be burdened with cost/expenses
of an administrator
1. In absence of debts
2. Heirs are all of legal age
Partition / Settlement of Estate
1. JUDICIAL
After entry of final judgment of partition, copy certified by clerk of court to be filed
with Register of Deeds
If disagree with each other, file in court ordinary action for partition
If there is only 1 heir, may adjudicate to himself entire estate via affidavit to be filed
with Register of Deeds
In provinces when person dies leaving property not covered by Torrens system to
avoid legal expenses, heirs make a list of property, pay off debts & assign to each
Executor required to file with Register of Deeds a certified copy of his letters of
administration or the will if there is a will in order that Register of Deeds may register
upon certificate a memorandum with reference to file no & date of filing
State creates a fund for the compensation of persons injured by divesting/cutting off
of rights due to the indefensibility of title; following that act of registration is operative
act by which State transfers title; created to relieve innocent persons from harshness
of doctrine that certificate of title is conclusive evidence of an indefeasible title to
land.
Upon entry of certificate in name of owner or TCT, of 1% shall be paid to Register
Who is Entitled:
1. Claimant must be owner, purchaser or encumbrancer in good faith who suffered
actual damage by loss of land; in short he is deprived of his land or interest therein
2. No negligence attributable to him
3. Claimant is barred from filing action to recover said land
4. Action to recover from assurance fund has not prescribed
Loss/Damages Should Not be Due to Following Reasons:
1. Breach of trust
2. Mistake in resurvey resulting in expansion of area in certificate of title
Loss/Damages Should be Due to the Following Reasons:
1. Omission, mistake, misfeasance of Register of Deeds or clerk of court
2. Registration of 3rd persons as owner
3. Mistake, omission, misdescription in certificate of title, duplicate or entry in books
4. Cancellation
Against whom Action is Filed:
1. Action due to deprivation of land due to mistake, negligence, omission of Register of
Deeds, etc Register of Deeds and National Treasurer as defendants; Sol-Gen must
appear
2. Private persons involved should also be impleaded
Liability:
1.
2.
Measure of Damages:
Sworn statement that certificate is lost to be filed by person in interest with Register
of Deeds
After notice and hearing court to order issuance of new title with memorandum that
it is issued in place of lost certificate (duplicate)
Whoever claims a better right or interest in a land adverse to the registered owner
shall make written statement alleging his right, how and when acquired with
description of land
Contracts of lease, contract to sell but prescription and money claims are not allowed
Purpose: measure designed to protect the interest of a person over a property where
registration is not provided for by the land registration act; serve as notice and
warning to persons subsequently dealing on said land
Different with lis pendens: permanent; can only be removed after hearing is done but
adverse claim is only for 30 days: lis pendens notice that property is in litigation;
adverse claim; somebody is claiming better right
Recent ruling: adverse claim can only be removed upon court order
3.
4.
summary proceeding
Entries in registration books also not allowed to be altered except by order of the
court
Grounds:
1.
2.
3.
4.
5.
6.
7.
5.
6.
1.
2.
Offenses:
1. Larceny
2. Perjury false statement under oath
3. Fraudulent procurement of certificate: fine of not more than 10,000 or imprisonment
of 5 years or both in discretion of court
4. Forgery: fine of not more than 10,000 or imprisonment of 10 years or both in
discretion of court
5. Forging of seal in Register of Deeds, name, signature or handwriting of any officer of
court of Register of Deeds
6. Fraudulent stamping or assistance in stamping
7. Forging of handwriting, signature of persons authorized to sign
8. Use of any document which an impression of the seal of the Register of Deeds is
forged
9. Fraudulent sale: sale of mortgaged property under the misrepresentation that it is not
encumbered; deceitful disposition of property as free from encumbrance:
imprisonment of 3 years or fine not exceeding 2,00 or both at discretion of court
In absence of registration, title to public land is not perfected and therefore not
indefeasible
In case of 2 titles obtained on same date one procured thru decree of registration is
superior than patent issued by director of lands
2 titles procured by one person one from homestead patent, one from judicial
decree & sold to 2 diff persons, one who bought it for value and in good faith & one
who register first shall have preference.
Classification of Land of Public Domain:
Anyone who applies for confirmation of imperfect title has burden of proof to
overcome the presumption that the land sought to be registered forms part of public
domain (Regalian doctrine).
Under the Constitution:
1. Agricultural only one subject to alienation
2. Forest or timber
3. Mineral lands
4. National park
Under the Public Land Act:
1. Alienable/disposable
2. Agricultural
3. Residential, commercial, industrial
4. Educational, charitable
5. Town sites and for public and quasi-public uses
6. Timber lands inalienable
7. Mineral lands inalienable
Not subject to acquisitive prescription; even if in possession for long time, will not
ripen into ownership
Fishponds
Before: included in definition of agriculture, conversion of agricultural land to fishponds
does not change character of land
Now: restricted meaning; fishponds has distinct category; cannot be alienated but may
be leased from government.
Director of Lands
Quasi-judicial officer
Findings of fact conclusive on higher court with absence of fraud, mistake other than
error of judgment; but not with regards to finding of law
Lease not included since lease does not transfer ownership; free-title grant: free
distribution of public lands to encourage people to cultivate; government furnishes the
applicant with tolls plus cash allowance to enable him to cultivate
Confirmation of Imperfect Title:
1. Last extension granted by Government was until December 31, 1987
2. Right made available to person qualified to acquire alienable and disposable public
land thru open, continuous, exclusive, notorious (OCEN) possession
under bonafide claim of ownership since June 12, 1945.
3. Prior to transfer of sovereignty from Spain to US, have applied for purchase but did
not receive title, without default on their part provided they have occupied since their
application
4. In OCEN possession since June 12, 1945 or earlier
5. Members of cultural minorities in OCEN who has claim of ownership for at least 30
years
Max Land that can be Applied: 144 hectares
In case of foreigner, sufficient that he is already Filipino citizen at the time of his
application
Corporation who has less 60% Filipino ownership cannot apply confirmation of
imperfect title; can only lease
Persons Competent to Question Land Grant
Persons who obtained title from State or thru persons who obtained title from State
PATENT
When is Government Grant Deemed Acquired by Operation of Law:
1.
2.
Land ceased to be part of public domain & now ownership vests to the grantee
As a matter of public policy, may be repurchased even if after 5 years provided not
for profit
Right of repurchase not allowed if sold within family & not for cultivating or living but
for speculation purpose
Restrictions:
1. Cannot be alienated within 5 years after approval of application for patent
2. Cannot be liable for satisfaction of debt within 5 years after approval of patent
application
3. Subject to repurchase of heirs within 5 years after alienation when allowed already
4. No corporation, partnership, association may acquire unless solely for commercial,
industrial, educational, religious or charitable purpose or right of way subject to
consent of grantee & approval of Secretary of Natural resources
Exceptions:
1. Action for partition because it is not a conveyance
2. Alienations or encumbrances made in favor of the government
Erred Homesteader not Bared by Pari Delicto
Conveyance is valid if able to read and can understand language where deed is
written
Otherwise, not valid unless approved by Commission on National Integration
Safeguard is to protect them against fraud/deceit
Government initiates that all lands within a stated region are up for registration
whether or not owners are interested to settle their titles
Nature of Proceedings:
In rem
Compulsory
Procedure:
1. Cadastral survey
Director gives notice to persons claiming interest in lands & to gen public of day of
survey published in OG and posted in conspicuous place on lands to be surveyed
After survey and plot been made, Director represented by Sol Gen institutes cadastral
proceeding by filing petition in court against holders, claimants, possessors, occupants
Any person claiming interest in any part of lands subject to petition is required to file
answer
5.
6.
7.
8.
9.
6.
Decision
Claimants are notified of decision
7.
Already Registered
Jurisdiction is limited only to correction of technical errors
Court cannot issue decree on land already decreed
Revision of decree allowed when substantial rights are not impaired; what is
prohibited is registered land to be registered again in name of another
Jurisdiction subsist to all incidental matters
ORDINARY
Party
Initiating
Government
Private Individual
Subject
Matter
Private Lands
Ownership
Ownership is Asserted
Survey
On account of owner
As to risk
In absence of successful
claimant, property goes to
government
Cadastral Court does not Award Damages, But may Direct Sheriff to Deliver
Possession
System of registration for unregistered land under the Torrens System (ACT 3344)
Effect if prospective; binds 3rd persons after registration but yields to better rights of
3rd person prior to registration (limited effect to 3rd parties)
Register of Deeds keeps day book & a register; index system is also kept
Procedure:
1. Presentment of instrument dealing in unregistered land
2. If found in order registered
3. If found defective registration is refused writing his reason for refusal
Source:
Civil Law (Land Titles) Memory Aid
Ateneo Central Bar Operations 2001