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Grantor
Grantee
Words of grant
Description of property
Signature of grantor
Witnesses
TYPES OF ESTATES:
1. FREEHOLD ESTATE indicates title of ownership
a. Fee simple absolute title; conferred without limitation, qualification or restriction
b. Fee tail pass title to grantee & his heirs
c. Life state held for duration of life of grantee
2. LESS THAN FREEHOLD ESTATE a right short of title
a. Estate for years lease for a period agreed upon, lessor retains ownership of land
b. Tenancy from period to period lease running from month to month or year to
year with automatic renewal
c. Tenancy at will person is permitted to occupy land of another without stipulation
as to period
3 STAGES OF DEVELOPMENT OF LEGAL SYSTEM OF TRANSFERRING TITLES:
1. Production & delivery of deed by grantor to grantee without registration
2. Deed of conveyance is recorded to bind 3rd persons
3. Registration of title
REGISTRATION guarantees the title
RECORDING does not guarantee the title; need to examine other docs
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
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LAND TITLES AND DEEDS
8. Title by emancipation patent or grant for purpose of ameliorating sad plight of tenantfarmers; not transferable except by hereditary succession
Chapter 2: TORRENS SYSTEM ORIGIN, NATURE & GENERAL CHARACTERISTICS
ADVANTAGES:
1. Abolishes endless fees
2. Eliminates repeated examination of titles
3. Reduces records enormously
4. Instantly reveals ownership
5. Protects against encumbrances not noted on the Torrens certificate
6. Makes fraud almost impossible
7. It assures
8. Keeps up the system without adding to burden of taxation; beneficiaries of the system
pay the fees
9. Eliminates tax titles
10. Gives eternal title as state ensures perpetuity
11. Furnishes state title insurance rather than private title insurance
12. Makes possible the transfer of titles or of loans within the compass of hours instead of a
matter of days
PURPOSE OF TORRENS LAW: quiet title to land once registered, owner might rest secure
PERSONS BOUND WHEN TITLE NOT REGISTERED
1. Grantor
2. Heirs & devisees
3. Persons with actual notice
PROCEDURE IN LAND REGISTRATION CASE:
1. Survey of land by Bureau of lands or duly licensed private surveyor
2. Filing of application for registration by applicant
3. Setting of date of initial hearing of application by RTC
4. Clerk of court to transmit to Land Registration Authority the application, date of initial
hearing & other pertinent docs
5. Publication of notice of filing of application, date & place of hearing in OG and in
newspaper of general circulation
6. Service of notice contiguous owners, occupants & those who have interest in property
7. Filing of answer or opposition to application
8. Hearing of case by RTC
9. Promulgation of judgment by court
10. Issuance of decree by RTC decision; Instruct land registration authority to issue
decree of confirmation & registration
11. Entry of decree of registration in Land Titles Administration
12. Send copy of decree to Register of Deeds
13. Transcription of decree of registration in registration book & issuance of the owners
duplicate original certificate of title of the applicant by the Land registration Authority upon payment of prescribed fees
CHAPTER 3: APPLICATION IN ORDINARY REGISTRATION PROCEEDINGS
WHO MAY APPLY:
1. Those in open, continuous, exclusive, notorious possession of patrimonial property of
state under bona fide claim of ownership since June 12, 1945 or earlier
2. Those who acquired ownership of private land by prescription
3. Those who acquired ownership of private lands by right of accretion
4. Those who acquired ownership in any manner provided for by law
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LAND TITLES AND DEEDS
BOARD OF MUNICIPALITY
14 days before
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LAND TITLES AND DEEDS
ACT) /PROCEEDING
FOR JUDICIAL
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LAND TITLES AND DEEDS
4. 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
a. Fraud, accident, mistake, excusable negligence which ordinary prudence could
not have guarded
b. Newly discovered evidence which could not be discovered & produced at trial
c. Evidence insufficient to justify decision, decision is against the law
2. APPEAL must be brought 15 days from notice of judgment
3. 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
a.
b.
c.
d.
4. 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
5. RECONVEYANCE action in personam; available so long as property not passed yet to
innocent purchaser for value; bad faith or with notice of defect
6. RECOVERY FOR DAMAGES
a. Person is wrongfully deprived of his land by registration in name of another
actual or constructive fraud
b. No negligence on his part
c. Barred/ precluded from bringing an action
d. Action for compensation has not prescribed
CHAPTER 7: CERTIFICATE OF TITLE
TORRENS TITLE certificate of ownership issued under the Torrens System of registration by the
government through road naming & declaring owner in fee simple of property described therein
free from all liens except those expressly noted
PROCESS:
1. Within 15 days from finality of order of judgment directing registration of title court to
order Land registration Admin to issue decree of registration and certificate of title
2. Clerk of court will send order of court & copies of judgment
3. Administrator to issue decree of registration & original & duplicate of OCT signed by
Administrator, entered & file decree of registration in LRA
4. Send to Register of Deeds original & duplicate of title & certificate for entry in his
registration book
5. Enter in record book, dated, signed, numbered & sealed take effect upon date of entry
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LAND TITLES AND DEEDS
6. Register of Deeds to send notice to registered owner ready for delivery after payment of
fees
7. Register of Deeds shall send duplicate & note on each certificate of title to whom it is
issued
8. Original copy to be filed in Register of Deeds; bound in consecutive order
ACTION FOR PARTITION, SPLITTING OR CONSOLIDATION OF TITLES:
1. Splitting or consolidation ordinary Register of Deeds level, no court involved
2. Subdivision plan approval of NHA, final approval of LRA, then Register of Deeds to
issue memorandum that streets not to be disposed except by way of donation to govt.
shall be effected without approval of NHA
ANNOTATIONS AT BACK OF CERTIFICATE need court order; otherwise null & void
CHAPTER 8: VOLUNTARY DEALINGS WITH REGISTERED LAND
OPERATIVE ACT registration by owner; deed not registered binding only between parties
PROCESS OF REGISTRATION:
1. File instrument creating or transferring interest and certificate of title with Register of
Deeds
a. Owners duplicate
b. Payment of fees & documentary stamp tax
c. Evidence of full payment of real estate tax
d. Document of transfer 1 copy additional for city/provincial assessor
2. Register of Deeds shall make a memorandum on the certificate of title, signed by him
3. Issue TCT
VOLUNTARY DEALINGS
Need to present title to record the deed in registry & to make memorandum on title
INVOLUNTARY DEALINGS
No presentation required; sufficient that annotation in entry book is sufficient
FORMAL REQUISITES OF A DEED
1. Full name
2. Nationality
3. Place of residence
4. Postal address of grantee or other persons acquiring or claiming interest
5. Civil status
6. Whether or not corporation
1. Register of Deeds to keep an entry book day book
2. Enter in order of reception all deeds & voluntary instruments, write & processes re
land -Year, month, day, time, minute of reception of instrument; Registered from time
of entry
3. Fees of 5 bucks per document to be paid within 15 days
4. Note memorandum & sign & issuance of certificate
5. Documents are numbered & indexed & indorsed with reference to certificate of title
public records
6. Subject to reasonable regulation
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LAND TITLES AND DEEDS
KINDS:
1. Conventional agreed upon by parties
2. Legal Created by operation of law
3. Judicial results from a judgment
4. Equitable pacto de retro in form but mortgage in essence
ESSENTIAL REQUISITES:
1. Constituted to secure fulfillment of principal obligation
2. Mortgagor be absolute owner of thing mortgaged
3. Person constituting mortgage has free disposal of property
SPECIAL CHARACTERISTICS:
1. Subject matter is realty
2. Real right attaches to property wherever it is & whoever holds it
3. Accessory presupposes existence of valid principal obligation; cannot stand alone
4. Indivisibility even if debt is divisible; mortgage is not
5. Inseparability mortgage lien is inseparable from property
6. Retention of possession - mortgagor retains possession
PACTO DE RETRO EQUITABLE MORTGAGE
1. Price of sale with right to repurchase is usually inadequate
2. Vendor remains in possession as lessee or otherwise
3. Upon or after expiration of right to repurchase, another instrument extending period
/granting new period is executed
4. Purchaser retains a part of the purchase price
5. Vendor binds himself to pay taxes on thing sold
6. Real intention of parties is that transaction shall secure payment of debt or fulfillment of
other obligation
Real Mortgage
Subject matter is real property
Public document only
Right of redemption for 1 year
Deficiency can be recovered
Chattel Mortgage
Subject matter is movable
May be in private document provided
there is affidavit of good faith
No right of redemption
Deficiency cannot be recovered
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LAND TITLES AND DEEDS
2. Public instrument but not recorded binding between parties but not 3rd persons without
notice
3. Public document & registered valid & binding to 3rd parties
MAY MORTGAGE BE REGISTERED WITHOUT DUPLICATE TITLE: Yes
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
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
2. May be further mortgaged stipulation to contrary is void
No need to secure permission of mortgagee
Understood unless prohibited in contract
3. Pactum commisorium not allowed
a. Property is mortgaged
b. There is stipulation for automatic appropriation
4. 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
WHEN MORTGAGOR DIES
1. Abandon security & prosecute his claim by sharing in general distribution of assets of the
estate
2. Foreclose mortgage by making executor party defendant
3. Foreclose it in due time
PARTIES IN FORECLOSURE SUIT: all persons claiming interest subordinate in right to mortgagee
ACTION TO FORECLOSE: Prescribes in 10 years (written contract)
VENUE: Per stipulation or in absence thereof, where the property lies
FORECLOSURE
1. JUDICIAL
a. Mortgagee to petition in court for foreclosure
b. Court to render order for debtor to pay sum due within 90 days and if not paid
from date of service, property be sold at public auction
c. Notice & Publication
d. Public auction: sale to highest bidder
e. Sheriff to issue certificate confirming judicial foreclosure
f. File with Register of Deeds final decree of court confirming sale
g. Memo entered in certificate of title
h. If right of redemption exist, certificate of title of mortgagor not to be cancelled but
memorandum shall be entered upon the certificate duplicate & original
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LAND TITLES AND DEEDS
i.
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LAND TITLES AND DEEDS
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LAND TITLES AND DEEDS
REGARDS
SUBSEQUENT CONVEYANCES,
ETC.:
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
CHAPTER 12: TRUSTS & POWERS OF ATTORNEY
TRUST obligation of a person to whom legal title to property is transferred to hold the property
according to confidence reposed in him
2 KINDS:
1. Expressed need to be in writing; cannot be proved by parole evidence
2. Implied exist by operation of law; can be proved by parole evidence
a. Property is bought but paid by another party
b. Donation is made but donee have no beneficial interest thereon
c. Price of sale of property is loaned & conveyance is made to lender to secure
fulfillment of loan
d. Land passes by succession to a person but legal title is put in anothers name
e. 2 persons purchase property but placed only in ones name
f. Guardian uses funds of ward to buy property
g. Property is acquired thru mistake or fraud
POWER OF ATTORNEY authority granted to a person to dispose ones property
TRUST DIFFERENTIATED FROM POWER OF ATTORNEY
1. Trust has 3 parties while power of attorney has 2 parties
2. Trust is for benefit of 3rd party while power of attorney is for benefit of principal
REGISTRATION OF TRUST
1. Sworn statement claiming interest by reason of an implied trust with description of land &
reference to number of certificate shall be registered in Register of Deeds
2. Provided not prohibited to do so by instrument creating the trust
APPOINTMENT OF TRUSTEE BY COURT
Certified copy of decree shall be presented to Register of Deeds & surrender duplicate
certificate
Cancel duplicate & new certificate shall be entered by Register of Deeds
ACTION FOR RECONVEYANCE BASED ON IMPLIED TRUST
Prescribes in 10 years
If acknowledged in written form becomes express trust prescribes upon repudiation
CHAPTER 13: INVOLUNTARY DEALINGS WITH REGISTERED LAND
INVOLUNTARY DEALINGS transactions affecting land in which cooperation of registered owner is
not needed: it may even be against his will
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LAND TITLES AND DEEDS
ATTACHMENT
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:
a. Preliminary
b. Garnishment
c. 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:
a. 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
b. If owner neglects or refuses Register of Deeds shall report matter to court
c. 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
Basically ministerial but may refuse registration in ff circumstances:
1. Title to land is not in the name of defendant
2. No evidence is submitted to show that he has present or possible future interest in
land
3. Unless: heir
PROPERTIES EXEMPT FROM EXECUTION: Family Home
ATTACHMENT How continued, reduced or discharged
Any method sufficient in law
Document to be registered
1. EXECUTION SALE
To enforce a lien of any description on registered land, any execution or affidavit
to enforce such lien shall be filed with Register of Deeds where land lies
Register in registration book & memorandum upon proper certificate of title as
adverse claim or as an encumbrance
To determine preferential rights between 2 liens: priority of registration of
attachment
2. TAX 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)
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LAND TITLES AND DEEDS
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LAND TITLES AND DEEDS
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LAND TITLES AND 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
Statute of frauds do not operate because it is not a conveyance but a separation of
property and designation of part which belongs to them
Money shall be under custody of the National treasurer; invest it until P+I aggregates to
500,000, excess shall be paid to the Assurance Fund; annual report of Treasurer to
Secretary of Budget
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. Satisfy claims from private persons first
2. When unsatisfied secondary liable is the National Treasurer who shall pay thru
assurance fund; thereafter Government shall be subrogated to rights of plaintiff to go
against other parties or securities
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LAND TITLES AND DEEDS
MEASURE OF DAMAGES:
Based on amount not greater than fair market value of land
Amount to be recovered not limited to 500,000 which is maintained as standing fund
If fund is not sufficient, National Treasurer is authorized to make up for deficiency from
other funds available to Treasury even if not appropriated
WHERE AND WHEN TO FILE ACTION AGAINST ASSURANCE FUND:
1. Any court of competent jurisdiction RTC in city where property lies or resident of
plaintiff
2. Action prescribes in 6 years from time plaintiff actually suffered loss
3. If plaintiff is minor, insane or imprisoned has additional 2 years after disability is
removed to file action notwithstanding expiration of regular period
CHAPTER 17: PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION
1. LOST DUPLICATE CERTIFICATE
Sworn statement that certificate is lost to be filed by person in interest with
Register of Deeds
Petition to court for issuance of new title
After notice and hearing court to order issuance of new title with memorandum
that it is issued in place of lost certificate (duplicate)
If false statement: complex crime of estafa thru falsification of public document
2. ADVERSE CLAIM IN REGISTERED LAND
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
Statement to be signed and sworn to
Entitled to registration as adverse claim noted on certificate of title
If there is petition speedy hearing, determine validity of adverse claim
May be cancelled without court order; effective only for 30 days
After cancellation, no adverse claim on same ground may be registered by same
claimant
1. Adverse to registered owner
2. Arises after original registration
3. Cannot be registered under provisions of land registration act
To be made on original certificate, to the duplicate is not necessary because no
access
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. PETITION SEEKING SURRENDER OF DUPLICATE TITLE
In voluntary and involuntary conveyances when duplicate cannot be produced,
petition in court may be filed to compel surrender of certificate of title duplicate to
Register of Deeds
After hearing, may order issuance of new certificate and annul the old certificate;
new certificate shall contain annotation re annulment of old certificate
4. AMENDMENT AND ALTERATION OF CERTIFICATE OF TITLE
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LAND TITLES AND DEEDS
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LAND TITLES AND DEEDS
5. 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
CHAPTER 19: REGISTRATION OF PUBLIC LANDS
PUBLIC LANDS all lands owned by the government
Inalienable and alienable
Inalienable public domain: timber and miner lands
Alienable/ Disposable - public agricultural land
PUBLIC LAND MAY BE ALIENATED, CONVEYED TO PRIVATE PERSON.
PROCEDURE:
1. Official issuing instrument of conveyance to issue instrument
2. File instrument with Register of Deeds
3. Instrument to be entered in books and owners duplicate to be issued
4. Instrument only contract between Government and private person and does not take
effect as conveyance if unregistered, it is registration which is operative act of conveying
land; evidence of authority for Register of Deeds to register
5. Fees to be paid by grantee
6. After issuance of certificate of title, land is deemed registered land within the purview of
the Torrens system
NATURE OF TITLE TO PUBLIC LANDS CONVEYED: INDEFEASIBLE AND CONCLUSIVE
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:
Classification is exclusive prerogative of executive & not by judiciary
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
a. Agricultural
b. Residential, commercial, industrial
c. Educational, charitable
d. Town sites and for public and quasi-public uses
2. Timber lands - inalienable
3. Mineral lands inalienable
If patent or title is issued void ab initio for lack of jurisdiction
Not subject to acquisitive prescription; even if in possession for long time, will not
ripen into ownership
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LAND TITLES AND DEEDS
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
Empowered to alienate and dispose lands
MODES OF ALIENATING PUBLIC LANDS:
1. Homestead settlement
2. Sale
3. Confirmation of imperfect or incomplete title
a. Judicial legalization
b. Administrative legalization
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
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LAND TITLES AND DEEDS
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LAND TITLES AND DEEDS
Compulsory
PROCEDURE:
1. CADASTRAL SURVEY
In opinion of Phil president pursuant to requirement of public interest, title of land
within a specified area needs to be settled and adjudicated
Order Director of Lands to make survey and plan
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
Geodetic engineers commences survey
During survey, boundaries are marked by monuments
2. FILING OF PETITION
After survey and plot been made, Director represented by Sol Gen institutes
cadastral proceeding by filing petition in court against holders, claimants,
possessors, occupants
Parcel of lots given their cadastral numbers
3. PUBLICATION OF NOTICE OF HEARING
Court to order date of hearing
LRA to notify public by publishing notice 1x in OG and 1x in newspaper of general
circulation & copy mailed to person whose address is known & other copies
posted in conspicuous place designated bylaw
4. FILING OF ANSWER
Any person claiming interest in any part of lands subject to petition is required to
file answer
Answer must give the ff details:
a. Age of claimant
b. Cadastral number of lot claimed
c. Name of barrio or municipality where lot is located
d. Name of owners of adjoining lots
e. If in possession & without grant no of years in possession
f. If not in possession state interest claimed
g. If assessed of taxation assessed value
h. Any encumbrances affecting said lots
5. HEARING OF CASE
In any convenient place where land lies
Like an ordinary RTC trial
Conflicting claims are determined
Lots claimed are awarded to persons entitles if they could prove title
If none could prove title land is declared public domain
6. DECISION
Claimants are notified of decision
7. ISSUANCE OF DECREE AND CERTIFICATE OF TITLE
Upon order of court, LRA to enter decree of registration
Decree made basis for issuance of OCT
Decree are now being directly prepared and issued on regulation forms of such
certificate
NATURE OF TITLE COVERED BY 2 ACTS:
Title in good faith & for value
Errors in plan does not annul decree of registration
Cancellation & correction is permitted
LAND ALREADY REGISTERED
Jurisdiction is limited only to correction of technical errors
Court cannot issue decree on land already decreed
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LAND TITLES AND DEEDS
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
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