Вы находитесь на странице: 1из 10

Land Titles

June 19,2015
PD 1529 - Property Registration Decree
Original Land Registration
Sec. 14: persons who may apply (memorize the 4 provisions)
Importance of date (June 12, 1945)?
As long as the land was considered alienable and disposable on or before the
registration, subparagraph 1 may be applied for.
Binan case: republication if bigger land, if decreasing, then not necessary
*chapter 3
*occupation v prescription
*differences bet alienable and disposable
July 3 , 2015
Sec 48 similar with 1 subsection of Sec 14 PD 1529
alienable and disposable before June 12 1945 - deadline December 2020
no difference in the rules re cultural minorities or city dweller
144 hectare limitation
Corporation leased for 25 years but can extend to another 25 not exceeding 1k hectares
complying requirements is the act that vests title, registration just evidences it, mere
confirmation
Non registrable land (Sec 420 Civil Code)
1. For Public Use
2. Those which belong to the State, without being for public use, and are intended

for some public service or for the development of the national wealth
what kind of rivers? NAVIGABLE rivers
take note of each kind of non registrable land (reservations, grazing land rivers, alluvion
were mentioned)
Publication, Opposition and Default
2 fold purpose of publication
examples of defective publication
Persons who should receive mail (as the court may deem proper)
Where to post (bulletinboard and conspicuous place near subject land/s)
opposition must be verified
MT covers chapter 1-6
Done:
3 - Original Registration Under PD 1529
4 - Judicial Confirmation of Imperfect Title or Incomplete Title Under
Public Land Act
Next mtg: Chapter 7-8
Open - patent, visible, apparent, notorious and not clandestine
Continuous - uninterrupted, unbroken, and not intermittent or occasional
Exclusive - when adverse possessor can show exclusive dominion over the land an
appropriation of it to his own use and benefit
Notorious - so conspicuous that its generally known and talked of by public or people in
neighborhood

Torrens System defined


a system for registration of land under which direct the issuance
of a certificate of title.
the real purpose of the system is to quiet title of land; to put a
stop forever to any question of the legality of the title, except claims
which were noted at the time of registration, in the certificate, or which
may arise subse- quent thereto

Land Registration Authority


agency of the Government charged with the efficient execution of
the laws relative to the registration of lands, and is under the executive
supervision of the Department of Justice
The Authority is headed by an Administrator and is assisted by
two (2) Deputy Administrators,
The Register of Deeds
The office of the Register of Deeds constitutes a public repository of records of instruments affecting registered or unregistered
lands and chattel mortgages in the province or city wherein such office
is situated
ministerial in nature. It is enough that in his opinion an instrument is registrable for him to register it and, the act being also an
administrative act does not contemplate notice to and hearing of interested parties.
(E) (a) Where there are more than one copy of the owners
duplicate certificate of title and not all such copies are presented to the
Register of Deeds
(b) Where the voluntary instrument bears on its face an
infirmity.
(c) Where the validity of the instrument sought to be
registered is in issue in a pending court suit
Applicants in ordinary registration proceedings
(1) 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.4
(2) Those who have acquired ownership of private lands by
prescription under the provisions of existing laws.
(3) Those who have acquired ownership of private lands or
abandoned river beds by right of accession or accretion under the
existing laws.

(4) Those who have acquired ownership of land in any other


manner provided for by law.

Need to comply with the required publication and notice if the


amendment of the application consists in:
1. A substantial change in the boundaries;
2. An increase in the area of the land applied for; or
3. The inclusion of an additional land.

Applicants for judicial confirmation of their imperfect or


incomplete title:
1. Filipino citizens who by themselves or through their predecessors-in-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 acquisition since June
12, 1945 or prior thereto,4 or even since time immemorial.5
2. Filipino citizens who by themselves or their predecessors- ininterest have been prior to the effectivity of P.D. 1073 on January 25,
1977, in open, continuous, exclusive and notorious possession and
occupation of agricultural lands of the public domain, under a bona
fide claim of acquisition of ownership, for at least 30 years, or at least
since January 24, 1947.6
3. Private corporations or associations which had acquired lands,
fomerly part of the alienable and disposable lands of the pub- lic
domain, from Filipino citizens who had possessed the same in the
manner and for the length of time indicated in subparagraphs 1 and 2
above.7
4. Natural-born citizens of the Philippines who have lost their
Philippine citizenship, who have acquired disposable and alienable
lands of the public domain from Filipino citizens who had possessed the
same in the same manner and for the length of time indicated in
subparagraphs 1 and 2.

Power to classify or reclassify public lands into al- ienable or


disposable lands
The classification of public lands is an exclusive prerogative of the
Executive Department of the Government and not of the courts.

Notice of initial hearing


Under Section 23 of the Property Registration Decree (P.D. 1529), after
the filing of the application for registration of title to land, the next step
is for the proper Regional Trial Court, within five days from said filing,
to 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.
Purpose and effects of publication
(a) to confer jurisdiction over the land applied for upon the court,
(b) to charge the whole world with knowledge of the application
of the land involved, and invite them to take part in the case and
assert and prove their rights over the property subject thereof.
Defective publication and effects
a) Where what was published in the Official Gazette is the
description of a bigger lot which includes the lands subject of registration.
b) Where the actual publication of the notice of initial hear- ing
was after the hearing itself.
Persons and officials to whom notice is given by mail- ing
a) To every person named in the notice whose address is known
within seven days after publication of said notice in the Official
Gazette.
b) To the Secretary of Public Works and Highways, to the
Provincial Governor, and to the Mayor of the municipality or city, as the
case may be, in which the land lies if the appli- cant requests to
have the line of a public way or road deter- mined.
c) To the Secretary of Agrarian Reform, the Solicitor General, the
Director of Land Management, the Director of Mines and/or the Director
of Fisheries and Aquatic Resources, as may be appropriate if the

land borders on a river, naviga- ble 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.
d) To such other persons as the court may deem proper.
Notice by posting
by the Sheriff of the province or city,in a conspicuous place on
each parcel of land, and also in a conspicuous place on the bulletin
board, fourteen days at least before the date of ini- tial hearing.
Proof of publication and notice
the certification of the Administrator of the Land Registration
Authority and of the Sheriff concerned
Opposition to application in ordinary proceedings
Any person claiming an interest, on or before the date of initial
hearing, or within such further time as may be allowed by the court.
the following may be proper oppositors:
(1) A homesteader who had not yet been issued his title but who had
fulfilled all the conditions required by law to enti- tle him to a patent;
(2) A purchaser of friar land before the issuance of the patent to him;
and
(3) Persons who claim to be in possession of a tract of public land and
have applied with the Bureau of Lands for its purchase.14
Default
the court will then issue an order of default
Effects of default; remedy
Where there is no opposition, all the allegations in the application
are deemed confessed on the part of the opponent
A defaulted interested person may however gain standing in
court by filing a motion to set aside the order of default due to fraud,
accident, mistake or excusable neglect and that he has a meri- torious
defense.
When default order is improper; remedy
the appro- priate remedy to contest an illegal declaration or order

of default is a petition for certiorari; not appeal which is not an


adequate rem- edy.

August 14, 2015


REMEDIES
When is it imprescriptible? When registered owner is also the possessor
Look at grounds: MR, MNT
Appeal
PFR (1 yr): must have gone to IPV
If IPV, Action for Damages:Normal Action for Damages, Tort, or Go after
Assurance Fund
If you lose in PFR, you can go for Reconveyance. Doesn't question
registration but questioning right of who should claim that property

!3 Reconstitution
2 kinds: Judicial and Administrative Reconstitution of Title
Judicial (RA 26) - lost or destroyed.
Sources? First 2 bears more wight. resort to secondary sources if can't
find it (others aside from the 2)
Difference between the 2 sources? Procedure different. Easier to prove
former. Secondary harder to prove
Comply with requirements: Notice, Publication, Petition must state
basis.
Administrative
Only applies when theres force majeure.
-at least 10% destroyed
-AND should be at least 500
No Secondary sources here. Admin won't have same probative value
than Judicial Proceeding

What if you want to amend? Look at #4. Claims of excluded heirs etc. Look at
grounds.
If you are going to register something in the certificate like annotations?
Original Certificate must be surrendered since you don't want any others
floating around stating a different thing. SURRENDER OF WITHELD CT #5

SUBSEQUENT REGISTRATION
Why Important? What we usually deal with. Like Sales, Mortgages, Partition
etc.
Look at Primary Entry Book sometimes called the Day Book. Where ROD puts
the transaction and the one that controls
Voluntary (want to sell etc) v Involuntary (don't want, like mortgage then
foreclosed to another person)
General Requirement for Voluntary?
Valid Document, Public Instrument thats notarized
Register in ROD,
Entry in PEB
Surreneder CT or DCT, surrender everything if more than one.

Involuntary? Depends
Attachment
Adverse Claim- state why you have interest, sworn, state where notices
may be served
annotated as safeguard when property is in conflict so that it
can't be disposed of easily. look at periods
Notice of lis pendens - important

Whats a CONSULTA?

If ROD is unsure if instrument is registrable or not, may submit


questions to Admin of LRA.
Cant use Mandamus if not part of mandatory actions. Use Consulta

Chapter 10 DECREE OF REGISTRATION and CERTIFICATE OF TITLE


Important part: What are attributes of CT?
Free from Liens and Encumberances
(e) if theres an annotation. tho not all adverse claim need to be
annotated. 1. not req to appear under law (claim of indigenous people) 2.
unpaid real estate taxes within 2 years from acquiring the land 3. right of
way that must exist during acquisition 4. Agrarian reform
Incontrovertible and Indefeasible
Not subject to Prescription
Not subj to Collateral Attack
CT presumed valid and devoid of flaws
General Incidents of registered land

1. Torrens System
2. ROD
3. June 12, 1945
4. Navigable
5. Original Tracing Cloth (SURVEY PLAN if former not available)
6. Cadastral Proceedings
7. Consulta
8. Reconstitution of Title
9. Writ of Possession
10. Master Deed
1. TRUE
2. Open, Continuous, exclusive and Nototious possession and occupation as
an alienable or disposable land for 30 years
3. There should be an act of the government declaring or declassifying a

forest land into an alienable land


4. As long as the oppositor has opposed such registration and showed
interest in the land he cannot be declared in default. Moreover, the action is
in rem so even if oppositor doesn't appear he cannot be declared in default.
1.

Not required to appear under the law


Unpaid real estate taxes within 2 years from acquiring the land
Right of way must exist during acquisition
Agrarian Reform
2. If there exists FAME
If there is newly found evidence which is material and could change
the outcome of the case, although such evidence wouldn't have been found
before even if oppositor exercised due diligence
3.
real right
right deprived
done thru fraud
petition filed within 1 yr after judgement
not passed on to IPV
1.
Cannot attack collaterally.
2.
Quieting of Title is imprescriptible.
3 Yes Phoebe entitled HOMESTEAD PATENT. Person landless and agrees to
condition by govt?
No Chandlers proposition invalid. Selling of patented land before 5 yrs
prohibited. Law silent as to execution or consummation of a sale.
4. No. Land already titled. Even if theres no showing chandler is aware
whether its registered or not, joey still has proof that land left in PH belongs
to him.