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LAND TITLES REVIEWER/NOTES

BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE


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GENERAL PROVISIONS The Law of the Indies was followed by the Ley Hipotecaria or the
Mortgage Law of 1893. This law provided for the systematic
registration of titles and deeds as well as possessory claims
Section 1. Title of Decree. This Decree shall be known as the The Maura Law: was partly an amendment and was the last
PROPERTY REGISTRATION DECREE. Spanish land law promulgated in the Philippines, which required
the adjustment or registration of all agricultural lands, otherwise
Section 2. Nature of registration proceedings; jurisdiction of courts. the lands shall revert to the State
Judicial proceedings for the registration of lands throughout the
Philippines shall be in rem and shall be based on the generally TAKE NOTE THAT THE REGALIAN DOCTRINE IS ENSHRINED IN OUR
accepted principles underlying the Torrens system. PRESENT AND PAST CONSTITUTIONS

Courts of First Instance shall have exclusive jurisdiction over all THE 1987 CONSTITUTION PROVIDES UNDER NATIONAL ECONOMY
applications for original registration of title to lands, including AND PATRIMONY THE FOLLOWING
improvements and interests therein, and over all petitions filed Section 2. All lands of the public domain, waters, minerals, coal,
after original registration of title, with power to hear and petroleum, and other mineral oils, all forces of potential energy,
determine all questions arising upon such applications or petitions. fisheries, forests or timber, wildlife, flora and fauna, and other
The court through its clerk of court shall furnish the Land natural resources are owned by the State. With the exception of
Registration Commission with two certified copies of all pleadings, agricultural lands, all other natural resources shall not be
exhibits, orders, and decisions filed or issued in applications or alienated. The exploration, development, and utilization of natural
petitions for land registration, with the exception of stenographic resources shall be under the full control and supervision of the
notes, within five days from the filing or issuance thereof. State. The State may directly undertake such activities, or it may
enter into co-production, joint venture, or production-sharing
WHAT IS THE CONCEPT OF JURE REGALIA? agreements with Filipino citizens, or corporations or associations
(REGALIAN DOCTRINE) at least sixty per centum of whose capital is owned by such
Generally, under this concept, private title to land must be traced citizens. Such agreements may be for a period not exceeding
to some grant, express or implied, from the Spanish Crown or its twenty-five years, renewable for not more than twenty-five years,
successors, the American Colonial Government, and thereafter, and under such terms and conditions as may be provided by law.
the Philippine Republic In cases of water rights for irrigation, water supply fisheries, or
In a broad sense, the term refers to royal rights, or those rights to industrial uses other than the development of water power,
which the King has by virtue of his prerogatives beneficial use may be the measure and limit of the grant.
The theory of jure regalia was therefore nothing more than a The abovementioned provision provides that except for
natural fruit of conquest agricultural lands for public domain which alone may be alienated,
forest or timber, and mineral lands, as well as all other natural
CONNECTED TO THIS IS THE STATES POWER OF DOMINUUM resources must remain with the State, the exploration,
Capacity of the state to own or acquire propertyfoundation for development and utilization of which shall be subject to its full
the early Spanish decree embracing the feudal theory of jura control and supervision albeit allowing it to enter into co-
regalia production, joint venture or production-sharing agreements, or
This concept was first introduced through the Laws of the Indies into agreements with foreign-owned corporations involving
and the Royal Cedulas technical or financial assistance for large-scale exploration,
The Philippines passed to Spain by virtue of discovery and development, and utilization
conquest. Consequently, all lands became the exclusive
patrimony and dominion of the Spanish Crown. THE 1987 PROVISION HAD ITS ROOTS IN THE 1935 CONSTITUTION
WHICH PROVIDES

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 2 of 127

Section 1. All agricultural timber, and mineral lands of the public As the votes were equally divided, the necessary majority wasnt
domain, waters, minerals, coal, petroleum, and other mineral oils, obtained and petition was dismissed and the laws validity was
all forces of potential energy and other natural resources of the upheld
Philippines belong to the State, and their disposition, exploitation, Justice Kapunan: Regalian theory doesnt negate the native title to
development, or utilization shall be limited to citizens of the lands held in private ownership since time immemorial, adverting
Philippines or to corporations or associations at least sixty per to the landmark case of CARINO V. LOCAL GOVERNMENT, where
centum of the capital of which is owned by such citizens, subject the US SC through Holmes held: xxx the land has been held by
to any existing right, grant, lease, or concession at the time of the individuals under a claim of private ownership, it will be presumed
inauguration of the Government established under this to have been held in the same way from before the Spanish
Constitution. Natural resources, with the exception of public conquest, and never to have been public land.
agricultural land, shall not be alienated, and no license, Existence of native titie to land, or ownership of land by Filipinos
concession, or lease for the exploitation, development, or by virtue of possession under a claim of ownership since time
utilization of any of the natural resources shall be granted for a immemorial and independent of any grant from the Spanish crown
period exceeding twenty-five years, renewable for another as an exception to the theory of jure regalia
twenty-five years, except as to water rights for irrigation, water Justice Puno: Carino case firmly established a concept of private
supply, fisheries, or industrial uses other than the development of land title that existed irrespective of any royal grant from the
water power, in which cases beneficial use may be the measure State and was based on the strong mandate extended to the
and limit of the grant. Islands via the Philippine Bill of 1902. The IPRA recognizes the
existence of ICCs/IPs as a distinct sector in the society. It grants
THE 1973 CONSTITUTION REITERATED THE REGALIAN DOCTRINE this people the ownership and possession of their ancestral
AS FOLLOWS domains and ancestral lands and defines the extent of these lands
Section 8. All lands of public domain, waters, minerals, coal, and domains
petroleum and other mineral oils, all forces of potential energy, Justice Vitug: Carino cannot override the collective will of the
fisheries, wildlife, and other natural resources of the Philippines people expressed in the Constitution.
belong to the State. With the exception of agricultural, industrial Justice Panganiban: all Filipinos, whether indigenous or not, are
or commercial, residential, or resettlement lands of the public subject to the Constitution, and that no one is exempt from its all-
domain, natural resources shall not be alienated, and no license, encompassing provisions
concession, or lease for the exploration, or utilization of any of the
natural resources shall be granted for a period exceeding twenty- BACKGROUND OF THE TORRENS SYSTEM OF REGISTRATION
five years, except as to water rights for irrigation, water supply, In this system, title by registration takes the place of title by
fisheries, or industrial uses other than development of water deeds of the system under the general law
power, in which cases, beneficial use may by the measure and the A sale of land for example is effected by a registered transfer,
limit of the grant. upon which a certificate of title is issued
o Certificate is guaranteed by statute, and with certain
THE REGALIAN DOCTRINE DOESN'T NEGATE NATIVE TITLE. THIS exceptions, constitutes indefeasible title to the land
IS IN PURSUANCE TO WHAT HAS BEEN HELD IN CRUZ V. mentioned therein
SECRETARY OF ENVIRONMENT AND NATURAL RESOURCES o Under old system, the same sale would be effected
Petitioners challenged the constitutionality of Indigenous Peoples through conveyance, depending on its validity, apart
Rights Act on the ground that it amounts to an unlawful from intrinsic flaws, on the correctness of a long series of
deprivation of the States ownership over lands of the public prior deeds, wills, etc.
domain and all other natural resources therein, by recognizing the Object of the Torrens system: to do away with the delay,
right of ownership of ICC or IPs to their ancestral domains and uncertainty, and expense of the old conveyancing system
ancestral lands on the basis of native title. Generally, by Torrens systems are meant those systems of
registration of transactions with interest in land whose declared

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 3 of 127

object is, under governmental authority, to establish and certify to Registration under Act No. 496 or PD No. 1529 doesnt vest in the
the ownership of an absolute and indeafisible title to realty, and to registrant private or public ownership of the landit is merely
simplify its transfer. evidence of ownership but is not a mode of acquiring ownership

LAND REGISTRATION ACT OR ACT #496 ADVANTAGES OF TORRENS SYSTEM


Grants of public land were brought under the operation of a 1. Substituted security for insecurity
Torrens system 2. Reduced the cost of conveyance from pounds to shillings, and the
Placed all public and private land under the Torrens system time occupied from months to days
Torrens system requires that the government issue an official 3. It has exchanged brevity and clearness for obscurity and verbiage
certificate of title attesting to the fact that the person named is 4. It has so simplified ordinary dealings that he who has mastered
the owner of the property described therein, subject to such liens the 3 Rs can transact his own conveyancing
and encumbrances as thereon noted or the law warrants or 5. It affords protection against fraud
reserves 6. It has restored to their just value many estates, held under good
holding titles, but depreciated in consequence of some blur or
PURPOSE OF THE TORRENS SYSTEM technical defect, and has barred the reoccurrence of any similar
1. To quiet the title to land faults
2. To put a stop forever to any question of legality of the title, except
claims which were noted at the time of registration, in the A VIEW OF PAST AND PRESENT LEGISLATION ON LAND
certificate, or which may arise subsequent thereto REGISTRATION

Once a title is registered the owner may rest secure, without the State has the power and right to provide for a procedure for the
necessity of waiting in the portals of the court, to avoid the adjudication of title to real estate
possibility of losing his land State has control over the real property within the limits
All the world are parties, including the government State doesnt possess only the right to determine how title to real
After the registration is complete and final, and there exists no estate may be acquired and proved, but it is also within its
fraud, there are no innocent third parties who may claim any legislative capacity to establish the method of procedure
interest. All land that were not acquired from the government either by
Aims to decree land titles shall be final, irrevocable, and purchase or by grant, belong to the public domain
indisputable, and to relieve the land of the burden of known as Oh Cho case: reiterated the rule enunciated in Carino, which is
well as unknown claims any land that has been in possession of an occupant and of his
The registration either relieves the land of all known as well as predecessors-in-interest since time immemorial, as to which such
unknown claims absolutely, or it compels the claimants to come possession would justify the presumption that the land had never
unto court and to make there a record, so that thereafter, there been part of the public domain or that it had been private
may be no uncertainty concerning either the character or the property even before the Spanish conquest.
extent of such claims
1. THE PUBLIC LAND ACT, CA 141
REGISTRATION IS NOT A MODE OF ACQUIRING OWNERSHIP Governed the disposition of lands of the public domain
Registration doesnt vest title Prescribed rules and regulations for the homesteading, selling,
Merely evidence of such a title over a particular property and leasing of portions of the public domain of the Philippine
Not a mode of acquiring ownership but is merely a PROCEDURE to Islands
establish evidence of title over realty Prescribed the terms and conditions to enable persons to perfect
Where a petitioners registration of their deed of sale was done in their titles to public lands in the Islands
bad faith, it is as if no registration was made at all insofar as
private respondent is concerned.

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 4 of 127

Provided for the issuance of patents to certain native settlers upon WITH THE PASSAGE OF THE ABOVEMENTIONED ACT, TWO THINGS
public lands for the establishment of townsites and sale of lots OCCURRED WORTHY OF NOTE:
therein, for the completion of imperfect titles, and for the Islands 1. A court of limited jurisdiction, with special subject matter, and
In short, this Act worked on the assumption that title to public with only one purpose was created
lands in the Philippines remained in the government and that the 2. By reason thereof, courts theretofore of general, original,
governments title to public land sprung from the Treaty of Paris exclusive jurisdiction, were shon of some of their attributesin
and other subsequent treaties between Spain and the US other words, powers were restricted

PUBLIC LAND Judicial proceedings were in rem and based on generally accepted
Referred to all land of the public domain whose title still remained principles underlying the Torrens system
in the government and are thrown open to private appropriation
and settlement, and excluded the patrimonial property of the 3. THE CADASTRAL ACT, ACT NO. 2259
government and the friar lands When, in the option of the President, the public interest requires
that title to any lands be settled and adjudicated, he shall order
APPLICATION OF CA 141 the Director of Lands to make a survey thereof, with notice to all
Applies to all lands of public domain which have been declared persons claiming interest therein
open to disposition or concession and officially delimited and Thereafter, the Director of Lands, represented by the Solicitor
classified General, shall institute registration proceedings by filing a petition
Provisions on the different modes of government grant in the proper court against the holders, claimants, possessors, or
homesteads, patents, sales, and reservations for public and semi- occupants of such lands, stating that the public interest requires
public purpose that the titles to such lands be settled and adjudicated
Has a chapter on judicial confirmation of imperfect or incomplete Notice of the filing of the petition is published twice in successive
titles based on acquisitive prescription issues of the Official Gazette
Decree shall be the basis for the issuance of the certificate of title
2. THE LAND REGISTRATION ACT, ACT NO. 946 which shall have the same effect as a certificate of title granted
Established the Torrens system of registration in the country under the Property Registration Decree
Court of Land Registrationexclusive jurisdiction over all A cadastral proceeding is in rem, hence, binding generally upon
applications for registration, with power to hear and determine all the whole world
questions arising upon such applications
To bring land titles in the Philippines under one comprehensive 4. THE PROPERTY REGISTRATION DECREE, PD 1529
and harmonious system, the cardinal features of which are In order to update the Land Registration Act
indefeasibility of title and the intervention of the State as a To codify the various laws relative to the registration of property
prerequisite to the creation and transfer of titles and interests, and
with the resultant increase in the use of land as a business asset To facilitate effective implementation of said laws
by reason of the greater certainty and security of title Supercedes all laws relative to the registration of property
It doesnt create a title nor vest one RTC: jurisdiction over applications for registration and all
It simply confirms a title already created and already vested, subsequent proceedings relative thereto, subject to judicial review
rendering it forever indefeasible. Substantially incorporated the substantive and procedural
Before the creation of the Court of Land Registration, the requirements of its precursor, the Land Registration Act of 1902
jurisdiction to determine the nature, quality, and extent of land It has expanded the coverage to include judicial combination of
titles, the rival claims of contending parties, and the legality and imperfect and incomplete titles in its Section 14 (1), cadastral
effect thereof was vested in the Courts of First Instance registration proceedings in Section 35 to 38, voluntary
proceedings in Sections 51 to 68, involuntary proceedings in
Sections 69 to 77, certificates of land transfer and emancipation

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 5 of 127

patents issued pursuant to PD No. 27 in Sections 104 to 106, and possession and occupation of alienable and disposable lands of the
reconstruction of lost or destroyed original Torrens titles in Section public domain under a bona fide claim of ownership since June 12,
110. 1945, or
Judicial proceedings are in rem and are based on general 2. Those who have acquired ownership of private lands by
principles underlying the Torrens system prescription under the provisions of existing laws
3. Those who have acquired ownership of private lands or abandoned
REGISTRATION UNDER THE TORRENS SYSTEM IS A PROCEEDING river beds by rights of accession or accretion under existing laws
IN REM 4. Those who have acquired ownership of land in any other manner
Main principle of registration: to make registered titles indeafisible provided for by law
All occupants, adjoining owners, adverse claimants, and other
interested persons are notified of the proceedings, and have a HOW DOES AN APPLICATION FOR REGISTRATION PROCEED?
right to appear in opposition in such application Application shall be filed with the RTC of the province or city
Proceeding against the whole world where the land is situated
Proceedings shall be in rem and based on generally accepted Court shall issue an order setting the date and time of the initial
principles under the Torrens system hearing and the public shall be given notice thereof by means of
publication, mailing, and posting
PROCEEDING IS IN REM AND IN PERSONAM WHEN: Any person claiming interest may appear and file an opposition,
IN REM IN PERSONAM stating all his objections to the application
When the object of the action is to To establish a claim against some The case shall be heard and all conflicting claims of ownership
bar indifferently all who might be particular person, with a judgment shall be determined by the court
minded to make an objection of any which generally, in theory at least, Once judgment has become final, the court shall issue an order for
sort against the right sought to be binds his body, or to bar some the issuance of the decree and corresponding certificate of title in
established, and if anyone in the individual claim or objection, or to favor of the person adjudged as entitled to registration
world has a right to be heard on the only contain certain persons who
strength of alleging facts, which, if are entitled to be heard in defense WHAT IS THE BEARING OF THE CERTIFICATE OR DECREE OF
true, show an inconsistent interest CERTIFICATION?
The decree binds the land and quiets title thereto, subject only to
such exceptions or liens as may be provided by law
HOW IS JURISDICTION IN REM ACQUIRED? BY GIVING THE PUBLIC
Shall not be subject to collateral attackexcept in a direct
NOTICE OF INITIAL HEARING BY MEANS OF:
proceeding can it be altered or modified or cancelled, in
1. Publication
accordance with law
2. Mailing
Every registered owner and every subsequent purchaser in good
3. Notice
faith shall hold the same free from all encumbrances except those
noted in said certificate and any subsisting encumbrances
The decree has also created the Land Registration Commission,
enumerated in the law
now renamed the Land Registration Authority, under the
Department of Justice, the central repository of records relative to
*UNDER PD1529, WHAT DOES THE LAW SAY ON THE SUBJECTS
original registration, including subdivision and consolidation plans
CAPABLE FOR REGISTRATION ASIDE FROM A PIECE OF LAND?
of titled lands
ANSWER: THE LAW ONLY PROVIDES FOR LAND (LAND
REGISTRATION, LAND REFORMS, ETC.)
THE PERSONS WHO MAY APPLY FOR REGISTRATION, AND THE
CONDITIONS NECESSARY FOR REGISTRATION, TO WIT:
REGIONAL TRIAL COURTS HAVE EXCLUSIVE JURISDICTION OVER
1. Those who by themselves or through their predecessors-in-
LAND REGISTRATION CASES
interest have been in open, continuous, exclusive and notorious

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 6 of 127

Matters involving the registration of lands and lands registered


under the Torrens system is conferred by Section 2, PD 1529 3. DELEGATED JURISDICTION OF INFERIOR COURTS IN
While jurisdiction over petitions for amendments of certificates of CADASTRAL AND LAND REGISTRATION CASES
title is provided for by Section 108 of this Decree MTC, MCTC, and the MMTC are granted delegated jurisdiction to
Section 2 provides that RTC has exclusive jurisdiction for original hear and determine cadastral and land registration cases in the
registration of titles to lands, including improvements and interest following instances:
therein, and over all petitions filed after original registration of o Where the lot sought to be registered is not the subject
title, with power to hear and determine all questions arising upon of controversy and application
such applications or petitions o Where the lot is contested but the value thereof doesnt
exceed P100,000, such value to be ascertained by the:
1. JURISDICTION IN CIVIL CASES INVOLVING TITLE TO Affidavit of the claimant or
PROPERTY By the agreement of the respective claimants, if
RTC shall exercise exclusive original jurisdiction in all civil actions there be more than one, or
which involve the title to, or possession to, real property, or any From the corresponding tax declaration of the
interest therein, where the assessed value of the property exceeds real property
P20,000, or for civil actions in Metro Manila, where such value
exceeds P50,000, except actions for forcible entry into and 4. SC ADMINISTRATIVE CIRCULAR NO. 6-93-A
unlawful detainer of lands or buildings, original jurisdiction over Cadastral or land registration cases filed before the effectivity of
which is conferred upon the MTC, MCTC, MMTC the Admin. Circular but where hearing hasnt yet commenced,
What determines jurisdiction are the allegations in the complaint shall be transferred by the Executive Judge of the RTC having
and the reliefs prayed forwhere the ultimate objective of the jurisdiction over the cases to the Executive Judge of the
plaintiff is to obtain title to property, it should be filed in the appropriate Metropolitan Trial court, Municipal Trial Court in Cities,
proper court having jurisdiction over the assessed value of the Municipal Trial Court or Municipal Circuit Trial Court for the
property. required raffle among the branches of the Court under his
administrative supervision
2. DISTINCTION BETWEEN THE COURTS GENERAL AND LIMITED Where trial has already commenced as of the date of the
JURISDICTION ELIMINATED effectivity of the Admin circular shall remain with the courts.
Section 2 has eliminated the distinction between the general However, by agreement of the parties, such cases may be
jurisdiction vested in the RTC and the limited jurisdiction conferred transferred to the appropriate MTC, MCTC
upon it by the former law when acting merely as a land Allowed when there is permission of the SC
registration or cadastral court
Change has simplified registration proceedings by conferring the 5. REGISTRATION COURT IS NOT DIVESTED OF ITS
RTC the authority to act not only on applications for original JURISDICTION BY ADMINISTRATIVE ACT FOR THE ISSUANCE
registration but also for all petitions after original registration of OF PATENT
title, with power to hear and determine all questions arising upon It has been held that a land registration court which has validly
such applications or petitions acquired jurisdiction over a parcel of land for registration of title
The court is not any longer fettered by its former limited cannot be divested of said jurisdiction by a subsequent
jurisdiction administrative act consisting in the issuance by the Director of
Amendment was aimed at avoiding multiplicity of suits Lands of a homestead patent covering the same parcel of land (De
In any event, whether a particular matter should be resolved by Los Angeles v. Santos)
the RTC on the exercise of its general jurisdiction or of its limited
jurisdiction as a special court is in reality not a jurisdictional HOW IS JURISDICTION IN REM ACQUIRED? BY GIVING THE PUBLIC
question but is more in essence of a procedural question involving NOTICE OF INITIAL HEARING BY MEANS OF:
the mode of practice which may be waived 1. Publication

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 7 of 127

2. Mailing Every registered owner and every subsequent purchaser in good


3. Notice faith shall hold the same free from all encumbrances except those
noted in said certificate and any subsisting encumbrances
The decree has also created the Land Registration Commission, enumerated in the law
now renamed the Land Registration Authority, under the
Department of Justice, the central repository of records relative to *UNDER PD1529, WHAT DOES THE LAW SAY ON THE SUBJECTS
original registration, including subdivision and consolidation plans CAPABLE FOR REGISTRATION ASIDE FROM A PIECE OF LAND?
of titled lands ANSWER: THE LAW ONLY PROVIDES FOR LAND (LAND
REGISTRATION, LAND REFORMS, ETC.)
THE PERSONS WHO MAY APPLY FOR REGISTRATION, AND THE
CONDITIONS NECESSARY FOR REGISTRATION, TO WIT: Section 3. Status of other pre-existing land registration system.
1. Those who by themselves or through their predecessors-in- The system of registration under the Spanish Mortgage Law is
interest have been in open, continuous, exclusive and notorious hereby discontinued and all lands recorded under said system
possession and occupation of alienable and disposable lands of the which are not yet covered by Torrens title shall be considered as
public domain under a bona fide claim of ownership since June 12, unregistered lands.
1945, or
2. Those who have acquired ownership of private lands by Hereafter, all instruments affecting lands originally registered
prescription under the provisions of existing laws under the Spanish Mortgage Law may be recorded under Section
3. Those who have acquired ownership of private lands or abandoned 113 of this Decree, until the land shall have been brought under the
river beds by rights of accession or accretion under existing laws operation of the Torrens system.
4. Those who have acquired ownership of land in any other manner
provided for by law The books of registration for unregistered lands provided under
Section 194 of the Revised Administrative Code, as amended by Act
HOW DOES AN APPLICATION FOR REGISTRATION PROCEED? No. 3344, shall continue to remain in force; provided, that all
1. Application shall be filed with the RTC of the province or city instruments dealing with unregistered lands shall henceforth be
where the land is situated registered under Section 113 of this Decree.
2. Court shall issue an order setting the date and time of the initial
hearing and the public shall be given notice thereof by means of
publication, mailing, and posting REGISTRATION UNDER THE SPANISH MORTGAGE LAW
3. Any person claiming interest may appear and file an opposition, DISCONTINUED
stating all his objections to the application On February 16, 1976, PD 892 was issued decreeing the
4. The case shall be heard and all conflicting claims of ownership discontinuance of the system of registration under the Spanish
shall be determined by the court Mortgage Law and the use of Spanish titles as evidence in land
5. Once judgment has become final, the court shall issue an order for registration proceedings
the issuance of the decree and corresponding certificate of title in It was needed to do so since recording under this system was
favor of the person adjudged as entitled to registration practically nil and has become obsolete
PD 1529 reiterates the discontinuance of the system of
WHAT IS THE BEARING OF THE CERTIFICATE OR DECREE OF registration under the Spanish Mortgage Lawprovides also that
CERTIFICATION? the books of registration for unregistered lands under Section 194
The decree binds the land and quiets title thereto, subject only to of Administrative Code, as amended by Act 3344, shall continue to
such exceptions or liens as may be provided by law be in force, but all instruments dealing with unregistered lands
Shall not be subject to collateral attackexcept in a direct shall henceforth be registered under Section 113 of the Decree
proceeding can it be altered or modified or cancelled, in Any recording under Section 113 shall be without prejudice to a
accordance with law third person with a better right

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 8 of 127

2. Concession especial or special grant


THE INSCRIPTION UNDER ACT NO. 3344 FOR PURPOSES OF THE 3. Composicion con el estado or adjustment title
LAW ON DOUBLE SALE WAS HELD NOT TO BE EFFECTIVE 4. Titulo de compra or title by purchase
The registration should be made in the property registry to be 5. Informacion possessoria or possessory information title
binding upon third persons 6. Titulo gratuito or a gratuitous title
However, there was a case wherein it was held that the owner of a
parcel of unregistered land sold it to 2 different persons, assuming 1. THE CASE OF TITULO PROPRIEDAD NO. 4136, DECLARED OF
both sales are valid, the vendee whose deed of sale was first DOUBTFUL INVALIDITY IN DIRECTOR OF FORESTRY V. MUNOZ
registered under the provisions of Act No. 3344 would have a
better right DIRECTOR OF FORESTRY V. MUNOZ
Titulo Propriedad No. 4136 was the high point of controversy in a
TITLE DULY REGISTERED UNDER THE SPANISH REGIME UNDER THE land claim involving several hectares of land
SYSTEM OF REGISTRATION THEN IN VOGUE MUST YIELD TO A Pinagcamaligan Indo-Agro Development Corporation (PIADECO)
TITLE TO THE SAME LANDS DULY REGISTERED UNDER ACT NO. 496 was claiming to be the owner of some 72,000 hectares of land
Every decree of registration shall bind the land, and quite the title located in municipalities of Angat, Norzagaray, and San Jose Del
thereto Monte, province of Bulacan, and in Antipolo and Montalban,
Shall be conclusive upon and against all persons, including the province of Rizal
Insular Government and all the branches thereof PIADECO relied on the aforementioned title as incontrovertible
evidence of its ownership
SPANISH TITLES NO LONGER USED AS EVIDENCE OF LAND Justice Sanchez noted the dubious validity of the title in his
OWNERSHIP opinion, stating Private ownership of land must be proved not
Although evidence of ownership, Spanish titles may be lost only through the genuineness of title but also with clear identity of
through prescription the land claimed xxx no definite area seems to have been
PD 592: Spanish titles may no longer be used as evidence of land mentioned in the title
ownership in all registration proceedingsthe reason for this is
the proliferation of dubious Spanish titles which have raised 2. THE TITULO AND THE FANTASTIC CLAIM OF THE MARIANO
conflicting claims of ownership and tended to destabilize the SAN PEDRO HEIRS
Torrens system of registration
The abovementioned decree also noted that fraudulent sales, INTESTATE ESTATE OF DON MARIANO SAN PEDRO V. COURT OF
transfers, and other forms of conveyances of large tracts of public APPEALS
and private lands to unsuspecting and unwary buyers appear to This is a claim of a huge parcel of land covering lands in the
have been perpetrated by unscrupulous persons claiming provinces Nueva ecija, Bulacan, and in cities including Quezon
ownership under Spanish titles or grants of dubious origin, and city. (for illustration refer to page 769)
that these fraudulent transactions have often resulted in This case involves 2 cases, which prior to being decided by the SC
conflicting claims and litigations between legitimate land holders, were consolidated. The first case was a complaint for recovery of
bona fide occupants or applicants of public lands, on the one possession and damages against Ocampo, Buhain, and Dela Cruz.
hand, and holders of, or persons claiming rights under, the said In the complaint, it was alleged that the defendants (Ocampo -
Spanish titles or grants, on the other, creating confusion and Dela Cruz) were able to secure from the Registry of Deeds of
instability in property ownership and threatening the peace and Quezon City titles to a portions of the claimed estate. In the end,
order of conditions in the areas affected (Agcaoili, p.30) the lower courts ruled in favor of Ocampo - Dela Cruz, declaring
that the Torrens titles of the defendants cannot be defeated by
JURE REGALIA: FOUNDATION FOR THE EARLY SPANISH DECREES the alleged Spanish title, Titulo Propriedad no. 4316.
ON LAND GRANTS The 2nd case is a petition for letters of adiministration over the
1. Titulo real or royal grant intestate estate of the late Mariano San Pedro Y Esteban. This

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 9 of 127

involves a prayer to be declared as administrator. This case geared to the massive and accelerated land reform and social
eventually ended in the same manner as the first case - the Titulo justice program of the government, there is created a commission
de Prorpriedad was declared void and of no legal force, therefore to be known as the Land Registration Commission under the
the lands covered by the Titulo are not within the estate of the executive supervision of the Department of Justice.
deceased.
Issue: W/N the Titulo de Propriedad is null and void and therefore Section 5. Officials and employees of the Commission. The Land
the lands covered or claimed under such title are not included in Registration Commission shall have a chief and an assistant chief
the estate of the deceased... to be known, respectively, as the Commissioner and the Deputy
The Titulo is null and void. It has been defeated by the title of the Commissioner of Land Registration who shall be appointed by the
defendants under the Torrens system. President. The Commissioner shall be duly qualified member of the
It is settled that by virtue of Pd no 892 which tool effect on Feb 16 Philippine Bar with at least ten years of practice in the legal
1976 the syte of registration under the Spanish Mortgage Law was profession, and shall have the same rank, compensation and
abolished and all holders of Spanish titles or grants should cause privileges as those of a Judge of the Court of First Instance. The
their lands coverd thereby to be registered under the Land Deputy Commissioner, who shall possess the same qualifications as
Registration Act within 6mos from date of effectivity of the said those required of the Commissioner, shall receive compensation
decree. which shall be three thousand pesos per annum less than that of
Proof of compliance (Certificate of Title) with the said decree the Commissioner. He shall act as Commissioner of Land
should have been presented during trial. Registration during the absence or disability of the Commissioner
and when there is a vacancy in the position until another person
3. REGISTRATION OF INSTRUMENTS AFFECTING TITLED LANDS shall have been designated or appointed in accordance with law.
UNDER ACT. NO. 3344 INEFFECTIVE AGAINST THIRD PERSONS The Deputy Commissioner shall also perform such other functions
Registration of instruments must be done in the proper registry in as the Commissioner may assign to him.
order to bind the land
Where property registered under the Torrens system is registered They shall be assisted by such number of division chiefs as may be
not under the Property Registration Decree but under Act 3344, necessary in the interest of the functioning of the Commission, by a
the sale is considered not registered and effective for purposes of Special Assistant to the Commissioner, and by a Chief Geodetic
Article 1544 of the CC on double sales Engineer who shall each receive compensation at the rate of three
A party who registered the sale of land under the PRD had a thousand four hundred pesos per annum less than that of the
better right opposed to another who had registered a deed of final Deputy Commissioner.
conveyance under Act No. 3344priority in time principle wasnt
applied because the land was already covered by the Torrens All other officials and employees of the Land Registration
system at the time the conveyance was registered under the Act Commission including those of the Registries of Deeds whose
without prejudice to a third party with a better rightmere salaries are not herein provided, shall receive salaries
registration of sale in ones favor doesnt give him any right over corresponding to the minimum of their respective upgraded ranges
the land if the vendor wasnt anymore the owner of the land as provided under paragraph 3.1 of Budget Circular No. 273, plus
having previously sold the same to somebody else even if the sixty per centum thereof across the board, notwithstanding the
earlier sale was unrecovered maximum salary allowed for their respective civil service
eligibilities.
LAND REGISTRATION AUTHORITY AND ITS
The salaries of officials and employees provided in this Decree shall
REGISTRIES OF DEEDS
be without prejudice to such benefits and adjustments as may from
time to time be granted by the President or by the legislature to
Section 4. Land Registration Commission. In order to have a more government employees.
efficient execution of the laws relative to the registration of lands,

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 10 of 127

All officials and employees of the Commission except Registers of (c) Be the central repository of records relative to original
Deeds shall be appointed by the Secretary of Justice upon registration of lands titled under the Torrens system, including
recommendation of the Commissioner of Land Registration. subdivision and consolidation plans of titled lands.

Section 6. General Functions. LAND REGISTRATION AUTHORITY


To have a more efficient execution of the laws relative to the
(1) The Commissioner of Land Registration shall have the following registration of lands, geared to the massive and accelerated land
functions: reform and social justice program of the government
Headed by an Administrator, who shall be assisted by 2 Deputy
(a) Issue decrees of registration pursuant to final judgments of the Administrators
courts in land registration proceedings and cause the issuance by All of whom shall be appointed by the President through the
the Registers of Deeds of the corresponding certificates of title; recommendation of the Secretary of Justice
All other officials except the Register of Deeds shall be appointed
(b) Exercise supervision and control over all Registers of Deeds and by the Secretary of Justice upon recommendation of the
other personnel of the Commission; Administrator

(c) Resolve cases elevated en consulta by, or on appeal from FUNCTIONS OF THE AUTHORITY
decision of, Registers of Deeds; 1. Extend speedy and effective assistance to the Department of
Agrarian Reform, the Land Bank, and other agencies in the
(d) Exercise executive supervision over all clerks of court and implementation of the land reform program of the government
personnel of the Courts of First Instance throughout the Philippines 2. Extend assistance to courts in ordinary or cadastral land
with respect to the discharge of their duties and functions in registration proceedings
relation to the registration of lands; 3. Be the central repository of records relative to original registration
of lands titled under the Torrens system, including subdivision and
(e) Implement all orders, decisions, and decrees promulgated consolidation plans of titled lands
relative to the registration of lands and issue, subject to the
approval of the Secretary of Justice, all needful rules and FUNCTIONS OF THE ADMINISTRATOR
regulations therefor; 1. Issue decrees of registration pursuant to final judgments of the
courts in land registration proceedings and cause the issuance by
(f) Verify and approve subdivision, consolidation, and the Register of Deeds of the corresponding certificates of title
consolidation-subdivision survey plans of properties titled under 2. Exercise supervision and control over all Registers of Deeds and
Act No. 496 except those covered by P.D. No. 957. other personnel of the Commission
3. Resolve cases elevated en consulta by, or on appeal from a
(2) The Land Registration Commission shall have the following decision of a Register of Deeds
functions: 4. Exercise executive supervision over all clerks of courts and
personnel of the CFI throughout the Philippines with respect to the
(a) Extend speedy and effective assistance to the Department of discharge of duties and functions in relation to the registration of
Agrarian Reform, the Land Bank, and other agencies in the lands
implementation of the land reform program of the government; 5. Implements all orders, decision, and decrees promulgated related
to the registration of lands and issue, subject to the approval of
(b) Extend assistance to courts in ordinary and cadastral land the Secretary of Justice, all needful rules and regulations therefor
registration proceedings;

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 11 of 128

6. Verify and approve subdivision, consolidation, and consolidation- CADIZS QUESTION: WHAT IF THE APPLICATION AND THE
subdivision survey plans of properties titled under Act 496 except REQUIREMENTS HAVE BEEN COMPLIED WITH AND YET, THE RD
those covered by PD 957 DENIES TO REGISTER? CAN YOU GO TO COURT TO COMPEL THE
7. Discretionary functions RD?
No, the remedy is that once the RD informs you through writing,
LRA ADMINISTRATOR, AN EXECUTIVE OFFICER WITH JUDICIAL you will have to resort to the LRA en consulta
RANK
Functions are plainly executive and subject to the Presidents THE LRA HAS NO AUTHORITY TO REPRESENT THE GOVERNMENT IN
power of supervision and control REGISTRATION PROCEEDINGS
He can be investigated and removed only by the President The Solicitor General as counsel of the government, shall
If the legislature really intended to include the grant of privileges represent the government
or rank or privileges of Judges of CFI the right to be investigated The functions enumerated of the LRA is bereft of any grant of
by the SC, and to be suspended or removed only upon power to make the representation as the Solicitor General on
recommendation of that court, then such grant of privileges would behalf of the government in land registration proceedings
be unconstitutional as it would violate then fundamental doctrine
of separation of powers Section 7. Office of the Register of Deeds. There shall be at least
W/N the resolution en consulta is a judicial function, as contrasted one Register of Deeds for each province and one for each city.
with an administrative process? Every Registry with a yearly average collection of more than sixty
Resolution consultas are only binding to all Registers of Deeds and thousand pesos during the last three years shall have one Deputy
not to other parties and assuming that it is quasi-judicial in Register of Deeds, and every Registry with a yearly average
nature, it is merely incidental or minimal to the overall functions collection of more than three hundred thousand pesos during the
of the Administrator last three years, shall have one Deputy Register of Deeds and one
second Deputy Register of Deeds.
DUTY OF LRA TO ISSUE DECREE NOT COMPELLABLE BY MANDAMUS
It is ministerial in the sense that they act under the orders of the The Secretary of Justice shall define the official station and
ccourt and the decree must be in conformity with the decision of territorial jurisdiction of each Registry upon the recommendation of
the court and with the data found in the record, as to which they the Commissioner of Land Registration, with the end in view of
have no discretion on the matter making every registry easily accessible to the people of the
If they are in doubt upon any point in relation to the preparation neighboring municipalities.
and issuances of such decree, it is their duty to refer the matter to
court The province or city shall furnish a suitable space or building for
In the above respect, then they act as officials of the court but the office of the Register of Deeds until such time as the same
their acts are the acts of the court itself could be furnished out of national funds.
The issuance of a decree of registration is part of the judicial
function and is not compellable by mandamus because it involves
the exercise of discretion REGISTRY OF PROPERTY
The duty to render reports is not limited to the period before a Registration of instruments affecting registered land must be done
decision becomes final, but may extend ever after its finality but in the proper registry, in order to affect and bind the land and
not beyond the scope of one year from the entry of the decree thus, operate as constructive notice to the world
Section 51 provides that no deed, mortgage, lease or voluntary
N.B: Generally, a mandamus will not lie. But when it is in pursuance of a instrument, except a willpurporting to convey or affect
final judgment of the court in a case, then mandamus would lie. registered land shall take effect as a conveyance or bind the land
until its registration

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 12 of 128

Thus, if the sale is not registered, it is binding only between the annum less than those of Registers of Deeds in second class
seller and the buyer but it would not affect third parties Registries.

REGISTRATION (4) The salaries of Deputy Registers of Deeds and Second Deputy
Entry of instruments or deeds in a book or public registry Registers of Deeds shall be three thousand four hundred pesos per
To registerto enter in a register; to record formally and annum less than those of their corresponding Registers of Deeds
distinctly; to enroll; to enter in a list and Deputy Registers of Deeds, respectively.
Registration in a public registry is a notice to all the world
All persons are charged with the knowledge of what it contains The Secretary of Justice, upon recommendation of the
Commissioner of Land Registration, shall cause the reclassification
BETWEEN TWO BUYERS OF THE SAME IMMOVABLE PROPERTY of Registries based either on work load or the class of
REGISTERED UNDER THE TORRENS SYSTEM, THE LAW GIVES province/city, whichever will result in a higher classification, for
OWNERSHIP PRIORITY TO: purposes of salary adjustments in accordance with the rates
1. The first registrant in good faith hereinabove provided.
2. The first possessor in good faith
3. The buyer who in good faith presents the oldest title Section 9. Qualifications of Registers of Deeds and Deputy
*will not apply if the property is not registered under the Torrens system Registers of Deeds. No person shall be appointed Register of Deeds
unless he has been admitted to the practice of law in the
EFFECT OF REGISTRATION Philippines and shall have been actually engaged in such practice
Constructive notice to all persons from the time of such for at least three years or has been employed for a like period in
registering, filing, or entering any branch of government the functions of which include the
registration of property.
Section 8. Appointment of Registers of Deeds and their Deputies
and other subordinate personnel; salaries. Registers of Deeds shall The Deputy Register of Deeds shall be a member of the Philippine
be appointed by the President of the Philippines upon Bar. Provided, however, that no Register of Deeds or Deputy
recommendation of the Secretary of Justice. Deputy Registers of Register of Deeds holding office as such upon the passage of this
Deeds and all other subordinate personnel of the Registries of Decree shall by reason hereof, be removed from office or be
Deeds shall be appointed by the Secretary of Justice upon the demoted to a lower category or scale of salary except for cause and
recommendation of the Commissioner of Land Registration. upon compliance with due process as provided for by law.

The salaries of Registers of Deeds and their Deputies shall be at the Section 10. General functions of Registers of Deeds. The office of
following rates: the Register of Deeds constitutes a public repository of records of
instruments affecting registered or unregistered lands and chattel
(1) First Class Registries The salaries of Registers of Deeds in first mortgages in the province or city wherein such office is situated.
class Registries shall be three thousand four hundred pesos per
annum less than that of the Deputy Commissioner. It shall be the duty of the Register of Deeds to immediately register
an instrument presented for registration dealing with real or
(2) Second Class Registries The salaries of Registers of Deeds in personal property which complies with all the requisites for
second class Registries shall be three thousand four hundred pesos registration. He shall see to it that said instrument bears the proper
per annum less than those of Registers of Deeds in first class documentary and science stamps and that the same are properly
Registries. canceled. If the instrument is not registerable, he shall forthwith
deny registration thereof and inform the presentor of such denial in
(3) Third Class Registries The salaries of Registers of Deeds in third writing, stating the ground or reason therefor, and advising him of
class Registries shall be three thousand four hundred pesos per

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 13 of 128

his right to appeal by consulta in accordance with Section 117 of Register may not validly refuse to register a deed of sale
this Decree. presented to him for registration
Whether a document is valid or not is not for the Register to
OFFICE OF THE REGISTER OF DEEDS determine, this function belongs properly to a court of competent
There shall be at least one Register of Deeds for each province jurisdiction
and one for each city If the purpose of registration is merely to give notice, then the
Secretary of Justice: defines the official station and territorial questions regarding the effect or invalidity of instruments are
jurisdiction of each Registry upon the recommendation of the LRA expected to be decided after, not before registration
administrator, with the end in view of making every Registry Registration must first be allowed and the validity or effect thereof
easily accessible to the people of the neighboring municipalities litigated afterwards
Register of Deeds: appointed by the President upon
recommendation of Secretary of Justice DOUBTFUL QUESTIONS SHALL BE SUBMITTED TO THE LRA
Deputy Registers and all subordinate personel of Register of ADMINISTRATOR FOR RESOLUTION
Deeds shall be appointed by the Secretary of Justice upon the Register is precluded from exercising his personal judgment and
recommendation of the LRA Administrator discretion when confronted with the problem whether to register a
Both the Register and his deputies must be members of the Bar deed or instrument on the ground that it is invalid
When in doubt, all that he is supposed to do is to submit and
NATIONAL LAND TITLES AND DEEDS V. CIVIL SERVICE certify the question to the LRA Administrator, who shall, after
COMMISSION notice and hearing, enter an order prescribing the step to be
EO 649 reorganized the LRCa valid reorganization measure taken on the doubtful question
All positions in the LRC were deemed non-existent Where a party in interest doesnt agree with the action taken by
Abolition of a position doesnt involve removal since removal the Register of Deeds with reference to the instrument submitted
implies that the post subsists and that one is merely separated to the LRA administrator who thereafter enter an order
therefrom prescribing the step to be taken or memorandum to be made,
After abolition, there is in law no occupant and no tenure to speak which shall be conclusive and binding upon all Registers of
of Deeds
It was ruled in this case that the respondent, not a member of the Whether the document is invalid, frivolous or intended to harass,
Bar, cannot be restituted to her former position is not the duty of the Register of Deeds to decide, but a court of
competent jurisdiction
WHAT IS THE OFFICE OF THE REGISTER OF DEEDS? Although there may be some manners in which the Register of
A public repository of records of instruments affecting registered Deeds has quasi-judicial power, a suit to quiet title or to ascertain
or unregistered lands and chattel mortgages in the province or and determine the interest in real property is a matter exclusively
city wherein such office is situated within the jurisdiction of the courts

DUTY OF REGISTER OF DEEDS TO REGISTER, MINISTERIAL NOTICE TO REGISTER OF DEEDS


Registration is merely a ministerial act by which a deed, contract, When a writ of preliminary injunction in a cadastral proceeding is
or instrument is sought to be inscribed in the records of the office dissolved, the obstacle to a registration of a deed of sale is
of the Register of Deeds and annotated at the back of the removed, but it is no authority of the court to issue an order for
certificate of title covering the land subject of the deed, contract, registration of said deed without notice to the Register of Deeds or
or instrument the adverse party, where the dismissal of the cadastral case is not
Section 10: It shall be the duty of the Register of Deeds to yet final
immediately register an instrument presented for registration
dealing with real and personal property which complies with all the WHEN REGISTER OF DEEDS MAY REFUSE REGISTRATION
requisites for registration.

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 14 of 128

When there are several copies off the title but only one is (2) In case of absence, disability or suspension of the Register of
presented with the instrument to be registered Deeds without pay, or in case of vacancy in the position, the
Secretary of Justice may, in his discretion, authorize the payment
Where there are several copies of the same title in existence, it is of an additional compensation to the official acting as Register of
easy to see how their integrity may be adversely affected if an Deeds, such additional compensation together with his actual
encumbrance, or an outright conveyance, is annotated on one salary not to exceed the salary authorized for the position thus
copy and not on the others. filled by him.

The law itself refers to every copy authorized to be issued as a (3) In case of a newly-created province or city and pending
duplicate of the original, which means that both must contain establishment of a Registry of Deeds and the appointment of a
identical entries of the transactions, particularly voluntary ones, regular Register of Deeds for the new province or city, the Register
affecting the land covered by the title. of Deeds of the mother province or city shall be the ex-officio
Register of Deeds for said new province or city.
When the property is presumed to be conjugal but the instrument
of conveyance bears the signature of only one spouse. ONLY THE LANDS MANAGEMENT BUREAU HAS AUTHORITY TO
APPROVE ORIGINAL SURVEY PLANS FOR REGISTRATION
Where there is a pending case in court where the character of the PROCEEDINGS
land and validity of the conveyance are in issue. PD 239 has withdrawn the authority from the LRA to approve
original survey plans
In such a case, the matter of registration may well await the There is no more necessity for the government to expropriate big
outcome of that case, and in the meantime the rights of the landed estates as the tenant tillers of rice and corn lands have
interested parties could be protected by filing the proper notice of already been declared as owners of the lands they till
lis pendens. The former grant of authority to the LRC to approve original
survey plans has resulted in wasteful overlapping or duplication of
Section 11. Discharge of duties of Register of Deeds in case of functions, not to mention the deterioration of surveying standards
vacancy, etc. and confusion in land survey records
Need to centralize in one agencythe Lands Management
(1) Until a regular Register of Deeds shall have been appointed for Bureauthe function of verifying and approving original survey
a province or city, or in case of vacancy in the office, or upon the plans for all purposes in order to assure compliance with
occasion of the absence, illness, suspension, or inability of the established standards and minimalize irregularities in the
Register of Deeds to discharge his duties, said duties shall be execution of land surveys
performed by the following officials, in the order in which they are
mentioned below, unless the Secretary of Justice designates CASE DIGESTS: June 18, 2007
another official to act temporarily in his place:
1 CRUZ V. SECRETARY OF ENVIRONMENT AND NATURAL
(a) For the province or city where there is a Deputy Register of RESOURCES
Deeds, by said Deputy Register of Deeds, or by the second Deputy 347 SCRA 128
Register of Deeds, should there be one;
CADIZ NOTES:
(b) For the province or city where there is no Deputy or second This case is an exemption to the Regalian doctrinenot getting
Deputy Register of Deeds, by the Provincial or City Fiscal, or any the required number of votes, the law was upheld to be valid
Assistant Fiscal designated by the Provincial or City Fiscal; (IPRA)
Justice Puno: the Regalian doctrine is not applicable as in effect,
native title wasnt part of the public domain.

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 15 of 128

7 INTESTATE ESTATE OF DON MARIANO SAN PEDRO


2 NATIONAL GRAINS AUTHORITY CASE
CADIZ NOTES:
CADIZ NOTES: If somebody would sell a property covered by a Titulo Propriedad,
Whats the purpose of the Torrens system? you shouldnt buy the property as the aforementioned title is not
The real purpose is to quiet title to the land and stop forever the recognized as valid
question on its legality. Once it is registered, the owner can rest PD982
assured without having to wait by the doors of court, to avoid
losing his land. A collateral or indirect attack is not allowed. 8 BALBIN CASE
Direct attack is that when there is a title, one would file for
cancellation of the title for being null and void. An example of a CADIZ NOTES:
collateral attack is when one owns a piece of property registered Instances when the RD can refuse to register the title
in his name and someone is occupying the property. The owner o When you fail to show all the copies of the title
then files for ejectment and the squatter argues that he would not o When on its face, it is invalid
vacate as the title is not valid. He is raising it as a defense and is o When there is a pending case in court where the validity
not allowed by law for being a collateral attack. of conveyance and character of the land is in question
If you want to attack a title, it should be attacked directly and not
collaterally. ORIGINAL REGISTRATION PROCEEDINGS
(VOLUNTARY JUDICIAL PROCEEDINGS)
3 SOLID STATE MULTI-PRODUCTS CORPORATION V.
196 SCRA 630
APPLICATIONS
CADIZ NOTES:
Registration is not a mode of acquiring ownership. It only Section 14. Who may apply. The following persons may file in the
provides for evidence of ownership. proper Court of First Instance an application for registration of title
to land, whether personally or through their duly authorized
4 TRADERS ROYAL BANK CASE representatives:

CADIZ NOTES: (1) Those who by themselves or through their predecessors-in-


The public in general can rely on the title. interest have been in open, continuous, exclusive and notorious
As a general rule, you can rely on the title of a property. You possession and occupation of alienable and disposable lands of the
need not investigate. There is an exception of courseexcept public domain under a bona fide claim of ownership since June 12,
when the party concerned has actual knowledge of facts and 1945, or earlier.
circumstances that would impel a man to investigate.
Actual knowledge is in effect or equivalent to registration. (2) Those who have acquired ownership of private lands by
prescription under the provision of existing laws.
5 MOSCOSO V. COURT OF APPEALS
(3) Those who have acquired ownership of private lands or
CADIZ NOTES: abandoned river beds by right of accession or accretion under the
Land registration proceedings is a proceeding in rem existing laws.
The proceedings are binding against everybody
(4) Those who have acquired ownership of land in any other
6 CONCEPCION V. HEIRS OF JOSE CONCEPCION manner provided for by law.

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 16 of 128

Where the land is owned in common, all the co-owners shall file the Where the land has been sold under pacto de retro, the vendor a
application jointly. retro may file an application for the original registration of the
land, provided, however, that should the period for redemption
Where the land has been sold under pacto de retro, the vendor a expire during the pendency of the registration proceedings and
retro may file an application for the original registration of the ownership to the property consolidated in the vendee a retro, the
land, provided, however, that should the period for redemption latter shall be substituted for the applicant and may continue the
expire during the pendency of the registration proceedings and proceedings.
ownership to the property consolidated in the vendee a retro, the A trustee on behalf of his principal may apply for original
latter shall be substituted for the applicant and may continue the registration of any land held in trust by him, unless prohibited by
proceedings. the instrument creating the trust.

A trustee on behalf of his principal may apply for original CO-OWNERS SHALL FILE APPLICATION JOINTLY
registration of any land held in trust by him, unless prohibited by Since a co-owner cannot be considered a true owner of a specific
the instrument creating the trust. portion until division or partition is effected, he cannot file an
application for registration of the whole without joining the co-
owners as applicants
REQUISITES FOR FILING OF APPLICATION
1. That the property in question is alienable and disposable land of VENDEE A RETRO MAY FILE AN APPLICATION IN HIS NAME
the public domain A sale pacto de recto transfers the legal title to the vendee and
2. That the applicants, by themselves or through their predecessors- the vendee is subrogated to all the rights and actions of the
in-interest have been in open, continuous, exclusive, and vendor, subject to the latters right to redemption
notorious possession and occupation Vendee a retro has therefore a registrable title thereo which may
3. That such possession is under bona fide claim of ownership since be the subject of initial registration
June 12, 1945 or earlier The right to redeem the property is only to be noted in the decree
and certificate of title that may be issued
WHO MAY APPLY
Section 14 of PD1529 enumerates the persons who may apply for CORPORATION SOLE MAY PURCHASE AND HOLD REAL ESTATE
registration, whether personally or through their duly authorized Corporation soleorganized and composed of a single individual,
representatives, to wit: the head of any religious society or church, for the administration
1. Those who by themselves or through their predecessors-in- of the temporalities of such religious society or church
interest have been in open, continuous, exclusive, and notorious A corporation sole is vested with the right to purchase and hold
possession and occupation of alienable and disposable lands of the real estate and personal property
public domain under a bona fide claim of ownership since June 12, Corporation sole is not the owner of the properties he may acquire
1945 or earlier; but merely the administrator thereof and holds the same in trust
2. Those who have acquired ownership of private lands by for the faithful or members of the society or church for which the
prescription under the provision of existing laws. corporation is organized
3. Those who have acquired ownership of private lands or abandoned
river beds by right of accession or accretion under the existing NO MATERIAL DIFFERENCES BETWEEN SECTION 14 AND SECTION
laws. 48 (B) OF CA NO.141
4. Those who have acquired ownership of land in any other manner Right to file an application derives from a bona fide claim of
provided for by law. ownership by reason of the claimants open, continuous, exclusive
and notorious possession of alienable and disposable lands of the
Where the land is owned in common, all the co-owners shall file public domain in the concept of owner
the application jointly.

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 17 of 128

LAND MUST ALREADY BE A AND D AT THE TIME OF FILING OF THE To consolidate prescription, the possession must be that of owner,
APPLICATION and it must be public, peaceful, and uninterrupted. Acts of a
Republic v. Court of Appeals and Naguit: wherein it was held that possessory character done by virtue of a license or mere tolerance
Section 14 only required that the land be alienable and disposable on the part of the owner arent sufficient
at the time of application for registration of title is filed
COMPUTATION OF PRESCRIPTION
SECTION 14 (2) AUTHORIZES ACQUISITION OF OWNERSHIP BY The present possessor may complete the period necessary for
PRESCRIPTION prescription by tacking his possession to that of his grantor or
PD1529 and its amendatory PD1073 didnt preclude application for predecessor-in-interest
registration of alienable lands of the public domain, possession Presumed that the present possessor who was also the possessor
over which commenced only after June 12, 1945, considering at the previous time, has continued to be in possession during the
Section 14 (2) which governs and authorizes the application of intervening time, unless there is proof to the contrary
those who have acquired ownership of private lands by
prescription under the provisions of existing laws PRESCRIPTION DISTINGUISHED FROM LACHES
While as a rule, prescription doesnt run against the State, the PRESCRIPTION LACHES
exception is when the law expressly provides Effect of delay Fact of delay
Prescriptionmode of acquiring ownership; properties classified as Matter of time Question of inequity of permitting a
alienable public land may be converted into private property by claim to be enforced, this inequity
ordinary prescription of 10 years, or extraordinary prescription of being founded on some change in
30 years, without need of title or good faith. With such the condition of the property or the
conversion, such property may now fall within the contemplation relation of the parties
of private lands and may be registered even if the possession Statutory Not statutory
commenced after June 12, 1945.
Applies at law Applies at equity
Based on a fixed time Not fixed time
PRESCRIPTION, GENERALLY.
By prescription, one acquires ownership and other real rights
through the lapse of time in the manner and under the action laid ACQUISITION OF PRIVATE LANDS OR ABANDONED RIVERBEDS BY
down by law RIGHT OF ACCRETION OR ACCESSION
All things within the commerce of men are susceptible of 1. OWNERSHIP OF ABANDONED RIVER BEDS BY RIGHT OF
prescription, unless otherwise provided ACCESSION
Acquisitive prescriptionordinary or extraordinary
Ordinary prescriptionrequires possession of things in good faith River beds which are abandoned through the natural change in
and with just title for the time fixed by law; possession of 10 the course of waters ipso facto belongs to the owners whose lands
years are occupied by the new course in proportion to the area lost
Extraordinary prescriptionuninterrupted adverse possession However, the owners of the lands adjoining the old bed, shall have
thereof within 30 years without need of title or of good faith the right to acquire the same by paying the value thereofwhich
Good faithconsists in the reasonable belief that the person from value shall not exceed the value of the area occupied by the new
whom he received the thing was the owner thereof, and he could bed
transmit his ownership Requisites for the application of Article 61
o The change must be sudden in order that the old river
CONCEPT OF POSSESSION FOR PURPOSES OF PRESCRIPTION may be identified
Actual possession of land consists in the manifestation of acts of o The changing of the course must be more or less
dominion over it of such a nature as a party would naturally permanent, and not temporary overflowing of anothers
exercise over his own property land

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 18 of 128

o The change of the river must be natural Torrens title thereby making the alluvial property
o There must be definite abandonment by the government imprescriptible
o The river must continue to exist, that is, it must not Akin to the principle that an unregistered land purchased by
completely dry up or disappear the registered owner of the adjoining land does not, by
extension, become ipso facto registered land
2. OWNERSHIP BY RIGHT OF ACCRETION The accretion doesnt automatically become registered land
just because the land which receives such accretion is
Article 457 of CC provides that to the owners of lands adjoining covered by a Torrens title. As such, it must be placed under
the banks of rivers belong the accretion which they gradually the operation of the Torrens system.
receive from the effects of the current of the waters
Adopted from the Law Of The Waters which provided that the 4. ALLUVIAL FORMATION ALONG THE SEASHORE FORMS PART
accretion resulting from the gradual deposit by or sedimentation OF THE PUBLIC DOMAIN
from the waters belongs to the owners of the land bordering on
streams, torrents, lakes, or rivers Alluvial formation along the seashore form part of the public
Three requisites domain and therefore, not open to the acquisition by adverse
o That the deposit be gradual and imperceptible possession by private persons
o That it be made through the effects of the current of the Outside the commerce of man, unless otherwise provided by
water either the executive or legislative branch of the government
o That the land where accretion takes place is adjacent to The adjoining registered owner of the foreshore land cannot
the banks of rivers claim ownership by right of accretion
In the absence of evidence that the change in the course of the The state shall only grant these lands to the adjoining owners
river was sudden or that it occurred through avulsion, the only when they are no longer needed for the purposes
presumption is that the change was gradual and caused by mentioned therein
accretion and erosion Ignacio v. Director of Lands: a bay is part of the sea, being a
mere indention of the same
1. ALLUVION MUST BE THE EXCLUSIVE WORK OF NATURE
ACQUISITION OF OWNERSHIP IN ANY OTHER MANNER PROVIDED
Requirement that the deposit should be due to the effects of FOR BY LAW
the current of the river is indispensable RESERVATION FOR A SPECIFIC PUBLIC PURPOSE BY
A riparian owner then doesnt acquire the additions to his land PRESIDENTIAL PROCLAMATION
caused by special works expressly intended or designed to The privilege of occupying lands with a view of preemption confers
bring about accretion no contractual or vested right in the lands occupied and the
authority of the President to withdraw such lands for sale or
2. REASON FOR THE LAW ON ACCRETION acquisition by the public, or to reserve them for public use, prior
to the divesting by the government of title thereof stands, even
Right to any land or alluvion deposited by the river is to though this may defeat the imperfect right of a settler
compensate the riparian owner of the danger of loss that he Lands covered by registration are not subject to entry, and no
suffers because of the location of his land lawful settlement on them can be acquired

3. ACCRETION DOESNT AUTOMATICALLY BECOME Section 15. Form and contents. The application for land registration
REGISTERED LAND shall be in writing, signed by the application or the person duly
authorized in his behalf, and sworn to before any officer authorized
The accretion doesnt become automatically registered land to administer oaths for the province or city where the application
just because the lot which receives it is covered by the was actually signed. If there is more than one applicant, the

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 19 of 128

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

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 20 of 128

Applicant o Full description of the land as evidenced by a survey plan


duly approved by the Director of Lands, surveyors
certificate, and technical description
o Citizenship and civil status of applicant; if married, the
_________________________ name of the husband or wife; and if the marriage has
(Post Office Address) been legally dissolved, when and how the marriage was
dissolved
o Full names and addresses of the occupants of the land
REPUBLIC OF THE PHILIPPINES and those of the adjoining owners, if known and if not
PROVINCE (OR CITY) OF _______________ know, it shall state the extent of the search made to find
them
On this _______________ day of o Assessed value of the land and the building and
_________________________,19 ________ personally appeared improvements thereon
before me the above- named o Whether or not there are mortgages or encumbrances of
__________________________________________________ any kind affecting whatsoever the land, or any other
known to me to be the person/s who executed the foregoing person having any interest therein, legal or equitable, or
application and made oath that the statements therein are true of in possession, thereof
his/their knowledge, information and belief. o The manner by which the applicant has acquired the land
o Whether or not the property is conjugal, paraphernal, or
The Residence Certificate/s ______________________ of the exclusive property of the applicant
applicant/s ______________ was/were exhibited to me being No. o Names of all the occupants of the land, if any
_________________ issued at ___________________ dated o Original muniments of title and other related documents
____________, 19 __________. supporting applicants claim of ownership
o 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
(Notary Public, or other Officer
authorized to administer oaths)
Section 16. Non-resident applicant. If the applicant is not a
PTR NO. _________________ resident of the Philippines, he shall file with his application an
instrument in due form appointing an agent or representative
residing in the Philippines, giving his full name and postal address,
FORMS AND CONTENTS OF APPLICATION FOR REGISTRATION and shall therein agree that the service of any legal process in the
Section 15 requires that the application for land registration shall proceedings under or growing out of the application made upon his
be in writing, signed by the applicant or the person duly agent or representative shall be of the same legal effect as if made
authorized in his behalf, and sworn to before any officer upon the applicant within the Philippines. If the agent or
authorized to administer oaths for the province and city where the representative dies, or leaves the Philippines, the applicant shall
application was actually signed forthwith make another appointment for the substitute, and, if he
If there is more than one applicant, the application shall be signed fails to do so the court may dismiss the application.
and sworn to by and in behalf of each.
It shall provide information on the following:
NON-RESIDENT APPLICANT MAY BE REPRESENTED BY AN
ATTORNEY-IN-FACT

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 21 of 128

Where the applicant is not a resident of the Philippines, he shall No plan or survey may be admitted in land registration
file his application through a duly authorized representative or proceedings until approved by the Director of Lands
attorney-in-fact, whose authority as such shall accompany the The primary purpose of the aforesaid requirement is to fix the
application exact or definite identity of the land as shown in the plan and
technical descriptions
Section 17. What and where to file. The application for land The LRA has no authority to approve original survey plans nor to
registration shall be filed with the Court of First Instance of the check the correctness thereof
province or city where the land is situated. The applicant shall file The clerk of court shall not accept application unless it is shown
together with the application all original muniments of titles or that the applicant has furnished the Director of Lands with a copy
copies thereof and a survey plan of the land approved by the of the application and annexes
Bureau of Lands.
Section 18. Application covering two or more parcels. An
The clerk of court shall not accept any application unless it is application may include two or more parcels of land belonging to
shown that the applicant has furnished the Director of Lands with a the applicant/s provided they are situated within the same
copy of the application and all annexes. province or city. The court may at any time order an application to
be amended by striking out one or more of the parcels or by a
APPLICATION FOR LAND REGISTRATION TO BE FILED WITH THE severance of the application.
REGIONAL TRIAL COURT
The RTC shall have exclusive jurisdiction over all applications for Section 19. Amendments. Amendments to the application including
original registration of title to lands, including improvements and joinder, substitution, or discontinuance as to parties may be
interests therein, and over all petitioners filed after original allowed by the court at any stage of the proceedings upon just and
registration of title, with power to hear and determine all reasonable terms.
questions arising upon such applications or petitions
The MTC or MCTC may be assigned to handle original registration Amendments which shall consist in a substantial change in the
cases in the following instances as provided by RA7691: boundaries or an increase in area of the land applied for or which
o Where the lot is not the subject of any controversy or involve the inclusion of an additional land shall be subject to the
opposition same requirements of publication and notice as in an original
o Where the lot is contested but the value thereof doesnt application.
exceed P100,000
A SINGLE APPLICATION MAY BE FILED FOR TWO OR MORE
COURT HAVING TERRITORIAL JURISDICTION OVER THE LAND PARCELS
SHOULD TAKE COGNIZANCE OF THE CASE Provided that they are situated in the same province or city
Lopez v. De Castro: in all cases where the authority to proceed is The court may at any time order the splitting or striking out of one
conferred by statue and the manner of obtaining jurisdiction is or more parcels, or allow amendments to the application,
mandatory, the same shall be strictly complied with, or the including joinder, substitution, or discontinuance as to the parties
proceedings will be utterly void upon such terms as may be just and reasonable

APPLICATION MUST BE ACCOMPANIED BY SURVEY PLAN AND AMENDMENT OF BOUNDARIES OR AREA


APPLICANTS MUNIMENT OF TITLE Where the amendment consists in a substantial change in the
It is required that the application for registration must be boundaries or increase in the area of the land or involve the
accompanied by a survey plan of the land duly approved by the inclusion of additional area, the amendment shall be subject to
Director of Lands, together with the claimants muniments of title the same requirements of publication and notice as in the case of
to prove ownership a original application

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 22 of 127

No amendments or alterations in the description of the land after REMEMBER that as long as the final decree has not been entered
its publication of new notifications and advertisements making and the one-year period has not elapsed from such entry, the title
known to everyone the said alterations and amendments is not deemed finally adjudicated and the decision in the
registration proceedings continues to be under the control of the
Section 20. When land applied for borders on road. If the court
application describes the land as bounded by a public or private
way or road, it shall state whether or not the applicant claims any SECTION 22 DOESN'T REQUIRE THE AMENDMENT OF APPLICATION,
and what portion of the land within the limits of the way or road, IT BEING SUFFICIENT THAT THE COURT BY MOTION OR
and whether the applicant desires to have the line of the way or APPROPRIATE PLEADING, BE PRESENTED WITH THE INSTRUMENTS
road determined. EVIDENCING THE TRANSACTION.

Section 21. Requirement of additional facts and papers; ocular PUBLICATION, OPPOSITION AND DEFAULT
inspection. The court may require facts to be stated in the
application in addition to those prescribed by this Decree not Section 23. Notice of initial hearing, publication, etc. The court
inconsistent therewith and may require the filing of any additional shall, within five days from filing of the application, issue an order
paper. It may also conduct an ocular inspection, if necessary. 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
Section 22. Dealings with land pending original registration. After of the order.
the filing of the application and before the issuance of the decree of
registration, the land therein described may still be the subject of The public shall be given notice of the initial hearing of the
dealings in whole or in part, in which case the interested party application for land registration by means of (1) publication; (2)
shall present to the court the pertinent instruments together with a mailing; and (3) posting.
subdivision plan approved by the Director of Lands in case of
transfer of portions thereof and the court, after notice to the 1. By publication.
parties, shall order such land registered subject to the conveyance
or encumbrance created by said instruments, or order that the Upon receipt of the order of the court setting the time for initial
decree of registration be issued in the name of the person to whom hearing, the Commissioner of Land Registration shall cause notice
the property has been conveyed by said instruments. of initial hearing to be published once in the Official Gazette and
once in a newspaper of general circulation in the Philippines:
DEALINGS WITH THE LAND WHILE ITS REGISTRATION IS PENDING Provided, however, that the publication in the Official Gazette shall
Land subject of registration is allowed to be dealt with after the be sufficient to confer jurisdiction upon the court. Said notice shall
filing of the application and before the issuance of decree be addressed to all persons appearing to have an interest in the
The land may be sold or otherwise encumbered but whatever may land involved including the adjoining owners so far as known, and
be the nature of the transaction, the interested party should "to all whom it may concern". Said notice shall also require all
submit to the court the pertinent instruments evidencing the persons concerned to appear in court at a certain date and time to
transaction to be considered in the final adjudication of the case show cause why the prayer of said application shall not be granted.
In case of transfer of a portion of the land, the corresponding
subdivision plan, approved by the Director of Lands, should also 2. By mailing.
be presented. The court shall order
o Order the land registered subject to the encumberance or (a) Mailing of notice to persons named in the application. The
conveyance created by such instruments, or Commissioner of Land Registration shall also, within seven days
o Order the decree of registration be issued in the name of after publication of said notice in the Official Gazette, as
the person to whom the property has been conveyed hereinbefore provided, cause a copy of the notice of initial hearing

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 23 of 127

to be mailed to every person named in the notice whose address is


known. 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
(b) Mailing of notice to the Secretary of Public Highways, the it may concern):
Provincial Governor and the Mayor. If the applicant requests to
have the line of a public way or road determined, the Commissioner An application (or petition) having been filed in the above-entitled
of Land Registration shall cause a copy of said notice of initial case by (full name and address) praying for the registration and
hearing to be mailed to the Secretary of Public Highways, to the confirmation (or for the settlement and adjudication, in case of
Provincial Governor, and to the Mayor of the municipality or city, as petition in cadastral proceedings) of title to the following described
the case may be, in which the land lies. lands:
(Insert description)
(c) Mailing of notice to the Secretary of Agrarian Reform, the
Solicitor General, the Director of Lands, the Director of Public You are hereby served this notice to appear before this Court at its
Works, the Director of Forest Development, the Director of Mines session to be held at _________________ on the ______________
and the Director of Fisheries and Aquatic Resources. If the land day of _______________, 19 ______, at _____________ o'clock in
borders on a river, navigable stream or shore, or on an arm of the the _________ then and there to present such claims as you may
sea where a river or harbor line has been established, or on a lake, have to said lands or any portion thereof, and to submit evidence in
or if it otherwise appears from the application or the proceedings support of such claim; and unless you appear at said Court at the
that a tenant-farmer or the national government may have a claim time and place aforesaid, your default will be recorded and the title
adverse to that of the applicant, notice of the initial hearing shall to the lands will be adjudicated and determined in accordance with
be given in the same manner to the Secretary of Agrarian Reform, law and the evidence before the Court, and thereafter you will
the Solicitor General, the Director of Lands, the Director of Mines forever be barred from contesting said application (or petition) or
and/or the Director of Fisheries and Aquatic Resources, as may be any decree entered thereon.
appropriate.
Witness, the Hon. ________________________ Judge of the Court
3. By posting. of First Instance of _______ this _______ day of
_________________, in the year 19______.
The Commissioner of Land Registration shall also cause a duly
attested copy of the notice of initial hearing to be posted by the Attest:
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 Commissioner of Land Registration
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 NOTICE OF INITIAL HEARING
of initial hearing. The court must WITHIN 5 DAYS from the filing of application, shall
issue an order setting the date and hour of the initial hearing
The court may also cause notice to be served to such other persons which shall not be earlier than 45 days nor later than 90 days
and in such manner as it may deem proper. from the date of the order
Notice by means of PUBLICATION, MAILING, and POSTING is
The notice of initial hearing shall, in form, be substantially as MANDATORY
follows: The court has the power and duty to set the hearing date
The notice of initial hearing is a court documentthe party
(Caption and Title) applicant has absolutely no participation
NOTICE OF INITIAL HEARING

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 24 of 128

PURPOSE OF PUBLICATION
1. To confer jurisdiction upon the court over the res NEW PUBLICATION NECESSARY TO INCLUDE ADDITIONAL AREA
2. To apprise the whole world of the pending registration case so This step is essential to the protection of persons interested in the
that they may assert their rights or interests in the land, if any, property which is intended to be included
and oppose the application, if so minded. Where no publication has ever been made except the initial
publication, and this doesn't include the additional area, the
PUBLICATION OF NOTICE OF INITIAL HEARING registration court had no jurisdiction over said area and its
Upon receipt of the order of the court setting the case for initial adjudication to the applicant is a nullity
hearing, the LRA shall cause the notice to be published once in the
Official Gazette and once in a newspaper of general circulation EFFECT OF NON- OR DEFECTIVE PUBLICATION
The publication in the OG is enough to confer jurisdiction upon the In all cases where the authority of the courts to proceed is
court conferred by a statute and when the manner of obtaining
The notice shall be addressed to all persons appearing to have an jurisdiction is mandatory and must strictly be complied with, or
interest in the land the proceedings will be utterly void
This notice shall require the persons to appear in court on the Land registration is a proceeding in rem and jurisdiction in rem
date and time allocated and to show cause why the application cannot be acquired unless there be constructive seizure of the
shall not be granted land through publication and service of notice

THE PUBLICATION IN A NEWSPAPER IS NECESSARY TO ACCORD MAILING TO PERSONS NAMED IN APPLICATION


WITH DUE PROCESS REQUIREMENT Within 7 days after publication in the OG of the notice of initial
hearing, the LRA administrator shall cause a copy of the notice to
THE PUBLICATION IN THE OFFICIAL GAZETTE DOESN'T DISPENSE be mailed to every person named in the notice whose address is
WITH THE REQUIREMENT OF NOTICE BY MAILING AND POSTING known
Mandatory requirement
WHAT IF THERE IS LACK OF PERSONAL NOTICE, DOES THIS MAILING TO THE SECRETARY OF PUBLIC WORKS AND HIGHWAYS,
VITIATE THE PROCEEDINGS? GOVERNOR, AND MAYOR
The lack of personal notice doesn't vitiate the proceedings If the applicant requests to have the line of a public way or road
It was held in a case that in actions in rem, personal notice to determined
owners of a res is not necessary to give the courts jurisdiction to If the land borders on a river, navigable stream or shore, an arm
deal with and to dispose of the res of the sea, or lake, or if it otherwise appears that a tenant-farmer
The state, as sovereign over the land situated within it, may or the national government may have an adverse claim to that of
provide for the adjudication of title in a proceeding in rem or in the applicant, the notice shall also be mailed to the Secretary of
the nature of a proceeding in rem, which shall be binding upon all Agrarian Reform, Solicitor General, Director of Lands, Director of
persons, known or unknown Public Works and Communications, Director of Forest
Development, Director of Fisheries and Aquatic Resources, as may
THE PURPOSE OF NOTICE IN THREE MODES be appropriate
Strengthen the Torrens system through safeguards to prevent any
anomalous titling of real property ROLE OF SOLICITOR GENERAL
In practice, the Solicitor General is always furnished with a copy
TAKE NOTE THAT WHILE SECTION 23 INDEED PROVIDES THAT of a notice of initial hearing
PUBLICATION IN THE OF SUFFICES TO CONFER JURISDICTION Solicitor General represents the Government in all land
UPON THE COURT, THERE IS STILL NEED TO PUBLISH IN A registration and related proceedings
NEWSPAPER OF GENERAL CIRCULATION TO COMPLY WITH THE
REQUIREMENTS OF DUE PROCESS. POSTING

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 25 of 127

Within 14 days before the initial hearing, the LRA administrator a. Based on the right of dominion or some other real right
shall cause a duly attested copy of the notice to be posted by the opposed to the adjudication or recognition of the
sheriff in a conspicuous place on the land applied for and also in a ownership of the applicant, whether it be limited or
conspicuous place on the bulleting board of the municipality or absolute
city in which the land is situated 2. He should state the grounds for his objection as well as the nature
Mandatory requirement of his claimed interest
3. The relief being prayed for
Section 24. Proof of publication and notice. The certification of the
Commissioner of Land Registration and of the sheriff concerned to WHAT IS THE EFFECT OF FAILING TO OPPOSE?
the effect that the notice of initial hearing, as required by law, has All the allegations contained in the application shall be held as
been complied with shall be filed in the case before the date of confessed by reason of the absence of denial on the part of the
initial hearing, and shall be conclusive proof of such fact. opponent
The person who has not challenged cannot allege damage or error
against the judgment ordering the registration inasmuch as he
IMPLICIT IS THAT THE CERTIFICATION BY THE LRA didn't allege or pretend to have right over the land
ADMINISTRATOR AS TO THE FACE OF PUBLICATION AND MAILING
AND THAT OF THE SHERIFF AS TO POSTING, AS REQUIRED BY LAW, PERSONS WHO MAY FILE OPPOSITION
ARE CONCLUSIVE. 1. A homesteader who hasn't been issued his title but has fulfilled all
the conditions required by law for the issuance of the patent
Section 25. Opposition to application in ordinary proceedings. Any 2. A purchaser of friar land who is deemed to have an equitable title
person claiming an interest, whether named in the notice or not, to the land even before the issuance of the patent
may appear and file an opposition on or before the date of initial 3. An awardee in a sales application who, by virtue of the award, is
hearing, or within such further time as may be allowed by the authorized to take possession of the land to enable him to comply
court. The opposition shall state all the objections to the with requirements for the issuance of the patents
application and shall set forth the interest claimed by the party 4. A person claiming to be in possession of the land and has applied
filing the same and apply for the remedy desired, and shall be with the LMB for its purchase.
signed and sworn to by him or by some other duly authorized
person. PRIVATE PERSONS MAY NOT FILE OPPOSITION ON BEHALF OF THE
GOVERNMENT
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 OPPOSITION OF THE GOVERNMENT
plan attached to the application, or in case of undivided co- Pursuant to the Regalian doctrine, all lands of the public domain
ownership, conflicting claims of ownership or possession, or and all other natural resources are owned by the State, hence, it
overlapping of boundaries, the court may require the parties to is the burden of the applicant to overthrow the presumption that
submit a subdivision plan duly approved by the Director of Lands. the land is public land by well nigh inconvertible proof and that he
is entitled to registration under the law
REQUISITES FOR OPPOSING APPLICATION
Any person, whether named in the notice or not, may appear and ABSENCE OF OPPOSITION BY THE GOVERNMETN DOESN'T JUSTIFY
file an opposition on or before the date of initial hearing, or within OUTRIGHT REGISTRATION
such time as may be allowed by the court, provided he has an The failure of the Director of Lands in representation of the
interest in the property applied for government, to oppose the application for registration for which
he was declared in default will not justify the court in adjudicating
1. The oppositor must have an interest in the land applied for the land applied for as private property

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 26 of 127

The applicant has the burden of proving the imperfect right or title 2. Order of special defaultwhen an appearance has been entered
sought to be confirmed and answer filed, default order shall be entered upon against
persons who didn't appear and answer
FAILURE TO APPEAR ON THE DAY OF INITIAL HEARING IS NOT A
GROUND FOR DEFAULT WHERE OPPOSITION OR ANSWER HAS
MOTION TO LIFT ORDER OF GENERAL DEFAULT
BEEN FILED
Remedy available to a person to whom an order of default has
The provision which allows the court at once upon the motion of
been issued against
the applicant, no reason to the contrary appearing, to order a
An order of default is interlocutory in character, subject to the
general default to be recorded, cannot be interpreted to mean
control of the court, and may be modified and amended as the
that the court can just disregard the answer before it
court may deem proper at any time prior to the rendition of the
final judgment
GOVERNMENT MAY APPEAL DESPITE FAILURE OF AGENCY TO FILE
A motion filed prior to rendition of judgment should be decided
OPPOSITION
with liberality since it is presented promptly and without
Government is not estopped by the mistake or error of its officials
unnecessary delay
or agents
EFFECT OF ORDER OF DEFAULT
MOTION TO DISMISS PROPER IN A REGISTRATION PROCEEDING
Party declared in default loses his standing in court
He cannot appear in court, be heard or be entitled to notice
SUBMISSION OF SUBDIVISION PLAN
1. If the opposition or adverse claim covers only a portion of the lot
applied for which is not delimited on the plan accompanying the HEARING JUDGMENT AND DECREE OF REGISTRATION
application
2. In case of undivided co-ownership, conflicting claims of ownership Section 27. Speedy hearing; reference to a referee. The trial court
or possession, or overlapping of boundaries shall see to it that all registration-proceedings are disposed or
within ninety days from the date the case is submitted for decision,
Section 26. Order of default; effect. If no person appears and The Court, if it deems necessary, may refer the case or any part
answers within the time allowed, the court shall, upon motion of
thereof to a referee who shall hear the parties and their evidence,
the applicant, no reason to the contrary appearing, order a default
and the referee shall submit his report thereon to the Court within
to be recorded and require the applicant to present evidence. By
fifteen days after the termination of such hearing. Hearing before a
the description in the notice "To all Whom It May Concern", all the
referee may be held at any convenient place within the province or
world are made parties defendant and shall be concluded by the
city as may be fixed by him and after reasonable notice thereof
default order.
shall have been served the parties concerned. The court may
render judgment in accordance with the report as though the facts
Where an appearance has been entered and an answer filed, a
have been found by the judge himself: Provided, however, that the
default order shall be entered against persons who did not appear
court may in its discretion accept the report, or set it aside in whole
and answer. or in part, or order the case to be recommitted for further
proceedings:
ORDER OF DEFAULT, WHEN ENTERED
1. Order of general defaultif no person appears and answers within REGISTRATION PROCEEDINGS SHOULD BE DISPOSED WITHIN 90
the time allowed; by description in the notice to whom it may
DAYS FROM DATE THE CASE IS SUBMITTED FOR DECISION
concern, all the world are made parties defendant and shall be
concluded by the default order
TRIAL BY REFEREE
Shall submit report 15 days after the termination of hearing

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 27 of 127

May be held at any convenient place as may be fixed by him and Section 29. Judgment confirming title. All conflicting claims of
after reasonable notice thereof have been served the parties ownership and interest in the land subject of the application shall
concerned be determined by the court. If the court, after considering the
evidence and the reports of the Commissioner of Land Registration
PROOF REQUIRED IN REGISTRATION PROCEEDINGS, GENERALLY and the Director of Lands, finds that the applicant or the oppositor
Burden upon the applicant to show that he is the real and absolute has sufficient title proper for registration, judgment shall be
owner, in fee simple of such land rendered confirming the title of the applicant, or the oppositor, to
the land or portions thereof.
REQUISITE STEPS IN BRINGING LAND UNDER THE TORRENS
SYSTEM
1. Survey of land by the Lands Management Bureau or a duly COURT HAS BROAD JURISDICTION OVER ALL ISSUES
licensed surveyor Section 2 has eliminated the distinction between the general and
2. Filing an application for registration by the applicant limited jurisdiction of the registration court
3. Setting the date of initial hearing of the application by the court
4. Transmittal of the application and the date of initial hearing REPORTS OF THE LRA ADMINISTRATOR AND DIRECTOR OF LANDS
together will all the documents or other evidence attached thereto All necessary and relevant evidence as well as reports to aid the
by the Clerk of Court to the LRA court in the determination of the case
5. Publication of the notice of the filing of the application, date and Reports may include information about the status of the land
place of hearing in the OF and in a newspaper of general applied for, its present classification, and whether or not the same
circulation had been previously decreed as private property or patented
6. Service of notice upon contiguous owners, occupants, and those under the Public Land Act
known to have interests in the property by the sheriff
7. Filing of answer to the application by any person whether named RES JUDICATA APPLIES TO LAND REGISTRATION AND CADASTRAL
in the notice or not PROCEEDINGS
8. Hearing of the case by the court
9. Promulgation of judgment by the court Section 30. When judgment becomes final; duty to cause issuance
10. Issuance of the order for the issuance of a decree declaring the of decree. The judgment rendered in a land registration
decision final and instructing the LRA to issue the decree of proceedings becomes final upon the expiration of thirty days to be
confirmation and registration counted from the data of receipt of notice of the judgment. An
11. Entry of the decree of registration in the LRA appeal may be taken from the judgment of the court as in ordinary
12. Sending of copy of the decree of registration to the corresponding civil cases.
Register of Deeds
13. Transcription of the decree of registration in the registration book After judgment has become final and executory, it shall devolve
and the issuance of the owners duplicate original certificate of upon the court to forthwith issue an order in accordance with
title to the applicant by the Register of Deeds, upon payment of Section 39 of this Decree to the Commissioner for the issuance of
the prescribed fees the decree of registration and the corresponding certificate of title
in favor of the person adjudged entitled to registration.
Section 28. Partial judgment. In a case where only a portion of the
land subject of registration is contested, the court may render FINALITY OF JUDGMENT
partial judgment provided that a subdivision plan showing the Judgment becomes final after 15 days to be counted from the
contested and uncontested portions approved by the Director of date the party concerned has received notice thereof
Lands is previously submitted to said court. Upon finality, it devolves upon the land registration court to issue
an order for the issuance of the decree and the LRA, pursuant to

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 28 of 127

said order, to issue the corresponding decree of registration to the The decree of registration shall bind the land and quiet title
person entitled thereto or his successor-in-interest thereto, subject only to such exceptions or liens as may be
provided by law. It shall be conclusive upon and against all
COURT RETAINS JURISDICTION UNTIL AFTER FINAL ENTRY OF persons, including the National Government and all branches
DECREE thereof, whether mentioned by name in the application or notice,
the same being included in the general description "To all whom it
JUDGMENT ONCE FINAL CANNOT BE AMENDED TO MODIFY DECREE may concern".

ONLY JUDGMENTS AND PROCESSES RECEIVED BY THE SOLICITOR DUTY OF THE LRA TO ISSUE DECREE MINISTERIAL
GENERAL BIND THE GOVERNMENT Decree of registration is issued in the name of the court by the
Administrator of the LRA in his capacity as an officer of the court
WRIT OF POSSESSION and not as an administrative official merely
Employed to enforce a judgement to recover possession of the His duty is merely ministerial as he is acting under the orders of
land the court
A judgment confirming the title of the applicant and ordering its
registration in his name necessarily carried with it the delivery of DECREE OF REGISTRATION BINDS THE LAND AND QUIETS TITLE
the possession which is an inherent element of the right of THERETO AND IS CONCLUSIVE UPON AND AGAISNT ALL PERSONS
ownership
Sanctioned by laws in this jurisdiction and by generally accepted REMEDIES
principle upon which the administration of justice rests
May be issued not only against the person who has been defeated
Section 32. Review of decree of registration; Innocent purchaser
in the registration case but also against anyone unlawfully and
for value. The decree of registration shall not be reopened or
adversely occupying the land or any portion thereof during the
revised by reason of absence, minority, or other disability of any
land registration proceedings up to the issuance of final decree
person adversely affected thereby, nor by any proceeding in any
Will not issue against persons taking possession after issuance of
court for reversing judgments, subject, however, to the right of any
final decree
person, including the government and the branches thereof,
Writ doesn't issue in reconstitution cases
deprived of land or of any estate or interest therein by such
adjudication or confirmation of title obtained by actual fraud, to file
Section 31. Decree of registration. Every decree of registration
in the proper Court of First Instance a petition for reopening and
issued by the Commissioner shall bear the date, hour and minute of
review of the decree of registration not later than one year from
its entry, and shall be signed by him. It shall state whether the
and after the date of the entry of such decree of registration, but in
owner is married or unmarried, and if married, the name of the
husband or wife: Provided, however, that if the land adjudicated by no case shall such petition be entertained by the court where an
innocent purchaser for value has acquired the land or an interest
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 therein, whose rights may be prejudiced. Whenever the phrase
"innocent purchaser for value" or an equivalent phrase occurs in
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 this Decree, it shall be deemed to include an innocent lessee,
mortgagee, or other encumbrancer for value.
set forth the estate of the owner, and also, in such manner as to
show their relative priorities, all particular estates, mortgages,
Upon the expiration of said period of one year, the decree of
easements, liens, attachments, and other encumbrances, including
rights of tenant-farmers, if any, to which the land or owner's estate registration and the certificate of title issued shall become
incontrovertible. Any person aggrieved by such decree of
is subject, as well as any other matters properly to be determined
in pursuance of this Decree. registration in any case may pursue his remedy by action for

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 29 of 127

damages against the applicant or any other persons responsible for 2. Motion for new trial: proved in the same manner provided for
the fraud. proof of motions
3. Section 1 (a) of Rule 37: Affidavits of Merit
Section 33. Appeal from judgment, etc. The judgment and orders of 4. 1(b): affidavits of the witnesses whom such evidence is expected
the court hearing the land registration case are appealable to the to be given or by duly authenticated documents which proposed to
Court of Appeals or to the Supreme Court in the same manner as in be introduced as evidence
ordinary actions: 5. A proforma MR or motion for new trial shall not toll the
reglementary period
Section 34. Rules of procedure. The Rules of Court shall, insofar as 6. No motion for extension of time
not inconsistent with the provision of this Decree, be applicable to
land registration and cadastral cases by analogy or in a suppletory AFFIDAVITS OF MERIT
character and whenever practicable and convenient. Motion for new trial

AVAILABLE REMEDIES TO QUESTION THE VALIDITY OF JUDGMENT 1. Affidavits setting forth the facts and circumstances alleged to
IN A REGISTRATION CASE constitute such fraud, accident, mistake, excusable negligence
1. New trial or reconsideration under Rule 37 2. Affidavits setting forth the particular facts claimed to constitute
2. Relief of judgment under Rule 38 the movants meritorious cause of action or defense
3. Appeal to the CA or SC in the manner as ordinary actions
pursuant to Section 33 of PD 1529 These are not necessary if the granting of the motion for new trial
4. Review of Decree, Section 32 is not discretionary with the court but is demandable as of a right,
5. Claim under Assurance Fund, Section 95 as where the movant has been deprived of his day in court
6. Reversion under Section 101 of CA 141 through no fault or negligence on his part because no notice of
7. Cancellation of title hearing was furnished him in advance
8. Annulment of judgment under Rule 37
9. Quieting of Title FRAUD MUST BE EXTRINSIC IN NATURE TO BE A GROUND FOR
10. Action for reconveyance NULLITY
11. Criminal prosecution under the Revised Penal Code Extrinsic fraudcommitted outside the litigation against the
defeated party
NEW TRIAL OR RECONSIDERATION Fraud in the procurement thereof

1. If the motion for new trial is granted, the judgment is set aside ON THE GROUND OF ACCIDENT OR SURPRISE, it must appear there
2. If the MR is granted, the judgment is merely amended was A/S which ordinary prudence could not have guarded against, and by
3. Within the period to take an appeal reason of which, the party applying has been probably impaired in his
rights.
GROUNDS FOR FILING A MOTION FOR NEW TRIAL OR
RECONSIDERATION MISTAKE is some unintentional act, omission or error arising from
1. Fraud, accident, mistake or excusable negligence ignorance, surprise, imposition or misplaced confidence.
2. Newly discovered evidence
3. Damages awarded were excessive BELIEF THAT THERE IS NO NEED TO APPEAR DURING THE TRIAL
4. Insufficient evidence to support BECAUSE THERE WAS ALREADY A COMPROMISE AGREEMENT IS A
GROUND FOR NEW TRIAL
CONTENTS OF THE MOTION General Rule: judgment based on a compromise agreement is not
1. Shall be in writingstating the grounds thereof subject to appeal and also immediately executory

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 30 of 127

Exception to the rule: where a party moves to set it aside on the 6. Order of execution
ground of either fraud, mistake or deceit 7. Judgment or final order for or against parties in separate claims,
counter-claims, crossclaims, and 3rd party complaintsmain case
EXCUSABLE NEGLECT means a failure to take the proper steps at the is pending
proper time in consequence of some unexpected or unavoidable hindrance 8. Order dismissing an action without prejudice
or accident, or reliance on the case and vigilance of counsel or on promises
made by the adverse party. MODES OF APPEAL
1. Ordinary appeal
RELIEF FROM JUDGMENT, RELIEF FROM DENIAL OF APPEAL 2. Petition for review
3. Petition for certiorari
Fraud, mistake, accident, excusable negligence: in accordance to
Rule 38 PETITION OF ORDINARY APPEAL
If prevented from taking an appealthis petition as well Within 15 days from notice of judgment or final order appealed
from
IMPORTANT TO DISTINGUISH BETWEEN A FINAL JUDGMENT OR When a record of appeal is required, within 30 days from notice of
ORDER AND AN INTERLOCUTORY ONE judgment or final order
1. FINAL JUDGMENT OR ORDERone that finally disposes of a case, Period of appeal shall be interrupted by a firmly motion for new
leaving nothing to be done by the court in respect thereto trial or reconsideration
2. INTERLOCUTORYorder that doesn't finally dispose of the case In the above case, there would be a fresh 15 days
and also not end the courts task of adjudicating
PERFECTION OF APPEAL
A PETITION FOR RELIEF OF JUDGMENT OR FROM DENIAL OF Filing of the notice of appeal in due time
APPEAL MUST CONFORM TO THE FOLLOWING Record of appealapproved of the record in due time
1. It must be verified
2. Filed within 60 days after the petitioner learns of the judgment or COURTS MAY REOPEN PROCEEDINGS ALREADY CLOSED BY FINAL
order DECISION OR DECREE when application for review is filed by the party
3. And not more than 6 months after such judgment or final order aggrieved within 1 year from the issuance of the decree.
was entered or such proceeding was taken (remember that the
date of entry is the date of finality) WITH REGARD TO ISSUANCE OF FREE PATENT, the date of issuance of
patent is equivalent to the date of issuance of the decree of registration.
A PETITION FOR RELIEF AND A MOTION FOR NEW TRIAL OR
RECONSIDERATION ARE EXCLUSIVE OF EACH OTHER PETITION FOR REVIEW OF DECREE

APPEAL TO AVAIL OF THIS PETITION


1. The petitioner must have an estate or interest over the land
NO APPEAL MAY BE TAKEN FROM THE FOLLOWING 2. He must show actual fraud in the procurement of the decree
1. Order denying a motion for new trial or reconsideration 3. Petition must be filed within 1 year from the issuance of the
2. Order denying a petition for relief or any similar motion seeking decree
relief from judgment 4. Property hasn't yet passed to an innocent purchaser for value
3. Interlocutory order
4. Order disallowing or dismissing an appeal SPECIFIC INSTANCES OF ACTUAL FRAUD
5. Order denying a motion to set aside a judgment by consider, 1. Deliberate misrepresentation that the lots arent contested
confession, or compromise on the ground of F/M/D or any ground
vitiating consent

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 31 of 127

2. Applying for and obtaining adjudication and registration in the Good faith requires a well-founded belief that the person from
name of the co-owner which he knows had not been allotted to whom the title was received was himself the owner of the land,
him in the partition with the right to convey it
3. Intentionally concealing facts
4. Willful representation that there are no other claims ALL PERSONS DELAING WITH PROPERTY COVERED BY A TORRENS
5. Deliberate failing to notify party entitled to notice TITLE ARE NOT REQUIRED TO GO BEYOND WHAT APPEARS ON THE
6. Misrepresentation as to the identity of the lot to the true owner FACE OF THE TITLE
7. Concealment of vital facts A person dealing with registered land is only charged of the notice
8. Deliberate falsehood of the burdens on the property which are noted on the face of the
register or certificate of title
PETITION MUST BE FILED WITHIN 1 YEAR FROM DATE OF ENTRY
OF THE DECREEthis decree pertains to the decree prepared and issued AS A RULE, HE WHO ASSERTS THE STATUS OF A PURCHASER IN
by the LRA GOOD FAITH AND FOR VALUE HAS THE BURDEN OF PROVING SUCH
ASSERTIONcannot be discharged by the mere invocation of the legal
IN CASE OF PUBLIC LANDS, HOW SHOULD THE PERIOD BE presumption of good faith.
COMPUTED?
Date of issuance of the patent corresponds to the date of the RULE ON CAVEAT EMPTOR
decree in ordinary registration cases Requires that the purchaser to be aware of the supposed title of
Decree finally awards the land applied for registration to the party the vendor and one who buys without checking the vendors title
entitled to it and the patent issued by the Director of Lands takes all the risks and losses consequent to such failure
equally and finally grants, awards, and conveys the lands applied
for to the applicant INNOCENT PURCHASER FOR VALUE INCLUDES AN INNOCENT
LESSEE, MORTGAGEE, ENCUMBERANCER FOR VALUE
WHEN RELIEF MAY NOT BE GRANTED?
1. When the alleged fraud goes into the merits of the case, is A PERSON DEALING WITH REGISTERED LAND HAS A RIGHT TO
intrinsic, and has been controverted and decided RELY UPON THE FACE OF THE CERTIFICATE OF TITLE AND TO
2. Where it appears that the fraud consisted in the presentation at DISPENSE WITH THE NEED OF INQUIRING FURTHER, EXCEPT when
the trial of a supposed forged document, or of a false or perjured the party concerned has actual knowledge of the facts and circumstances
testimony, or in basing a judgment on a fraudulent CA, or in the that would impel a reasonably cautious man to make an inquiry
alleged fraudulent acts or omissions of the accused
RULES ON GOOD FAITH ARE NOT ABSOLUTE
INNOCENT PURCHASER FOR VALUE AND IN GOOD FAITH The presence of anything which excites or arouses suspicion
One who buys property of another, without notice that some other should prompt the vendee to look beyond the certificate and
person has a right to, or interest in, such property and pays a full investigate the title of the vendor appearing on the face of the
and fair price for the same, at the time of such purchase, or certificate
Before he has notice of the claim or interest of some other person
in the property A FORGED DEED MAY BE THE ROOT OF A VALID TITLE
Good faith is the honest intention to abstain from taking any Where innocent third persons relying on the correctness of the
unconscientious advantage of another certificate acquires rights over the property, the court cannot
The decree guarantees to every purchaser of registered land in disregard such rights and order the total cancellation of the
good faith that they can take and hold the same free from any certifcate for that would impair public confidence in the certificate
and all prior claims, liens and encumberances except those set
forth in the certificate of title GOOD FAITH IS A QUESTION OF FACT

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 32 of 127

RULE ON DOUBLE SALE OF PROPERTY 2. That the defendant has illegally disposed him of the same
1. The first registrant in good faith
2. The first possessor in good faith ACTION FOR RECONVEYANCE IS AN ACTION IN PERSONAM
3. The buyer who in good faith presents the oldest title Binding only upon the parties properly impleaded and duly heard
or given an opportunity to be heard
RULE OF PRIOR EST TEMPORAE, PRIOR EST IN JURA Directed against specific persons and seek personal judgments
He who first in time is first in right Court must have jurisdiction over the defendant
The rule that where 2 certificates purport to include the same
land, the earlier in date prevails, is valid only absent any anomaly THE RTC HAS EXCLUSIVE JURISDICTION OVER AN ACTION FOR
or irregularity tainting the registration process RECONVEYANCE
Knowledge gained by the first buyer of the second sale cannot
defeat the first buyers right except only as provided for in the CC THE OWNERS OF THE PROPERTY OVER WHICH RECONVEYANCE IS
and thats where the second buyer first registers in good faith the BEING SOUGHT ARE INDISPENSIBLE PARTIES WITHOUT WHOM NO
second sale ahead of the first RELIEF IS AVAILABLE

RULES OF PREFERENCE ACTION FOR RECONVEYANCE MAY BE BARRED BY THE STATUTE OF


1. The first registrant in good faith LIMITATIONS
2. The first in possession in good faith
3. The buyer who presents the olders title in good faith LACHES MAY BAR RECOVERY
1. Conduct on the part of the defendant or of one under whom him
ACTION FOR RECONVEYANCE or one under who he claims, giving rise to the situation of which
complaint is made and for which the complainant seeks relief
Legal and equitable remedy granted to the rightful owner of the 2. Delay in asserting the complainants rights, the complainant
land which has been wrongfully or erroneously registered in the having had knowledge or notice, or the defendants conduct and
name of another for the purpose of compelling the latter to having been afforded an opportunity to institute a suit
transfer or reconvey the land to him 3. Lack of knowledge or notice on the part of the defendant that the
After one year from the issuance of the decree, may bring action complainant would assert the right on which he bases his suit
for reconveyance of the property 4. Inquiry or prejudice to the defendant in the event the relief is
Only to show that the person who secured the registration of the afforded the complainant or the suit is not held to be barred
questioned property is not the real owner thereof
Seeks to transfer or reconvey the land from the registered owner ACTION MAY BE BARRED BY RES JUDICATA
to the rightful owner 1. Final judgment
Property is deemed to be held in trust for the real owner by the 2. Court has competent jurisdiction
person in whose name it is registered 3. Between the first and second causes of actionthere is identity of
Section 96 is the basis of this remedy parties, subject matter and causes of action

DECREE BECOMES INCONTROVERTIBLE AFTER 1 YEAR FROM THE STATE IS NOT BARRED BY PRESCRIPTION
ISSUANCE OF DECREE
Action for reconveyance still available as remedy PROOF OF OWNERSHIP AND IDENTITY INDISPENSIBLE
Action in personam that it is always as long as the property has
not passed to an innocent purchaser for value ACTION FOR DAMAGES

RELEVANT ALLEGATIONS Is available when the remedy of an action for reconveyance may
1. That the plaintiff is the owner of the land no longer be availed of

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 33 of 127

When the land has passed already to the hands of an innocent CADASTRAL REGISTRATION PROCEEDINGS
purchaser for value
ORDER FOR SPEEDY SETTLEMENT AND ADJUDICATION; SURVEY;
QUIETING OF TITLE
NOTICES
QUIETING OF TITLE IS PROPER WHEN
Section 35. Cadastral Survey preparatory to filing of petition.
There is a cloud on the titlean outstanding claim or
encumberance which if valid would affect or impair the title of the
(a) When in the opinion of the President of the Philippines public
owner of a particular estate, on its face has that effect but can be
interest so requires that title to any unregistered lands be settled
shown by extrinsic proof to be invalid or inapplicable to the estate
and adjudicated, he may to this end direct and order the Director of
in question
Lands to cause to be made a cadastral survey of the lands involved
and the plans and technical description thereof prepared in due
ACTION FOR REVERSION
form.
If public land, the Solicitor General will represent the
(b) Thereupon, the Director of Lands shall give notice to persons
governmentwill revert to the public domain
claiming any interest in the lands as well as to the general public,
Violations of Sections 118, 120, 121, 123, and 124 of CA 141
of the day on which such survey will begin, giving as fully and
State is not barred by res judicata or estoppel
accurately as possible the description of the lands to be surveyed.
If regarding private property, the action would be an ACTION
Such notice shall be punished once in the Official Gazette, and a
FOR CANCELLATION, which is another remedy
copy of the notice in English or the national language shall be
posted in a conspicuous place on the bulletin board of the
RECOVERY UNDER THE ASSURANCE FUND
municipal building of the municipality in which the lands or any
SECTION 95
portion thereof is situated. A copy of the notice shall also be sent to
the mayor of such municipality as well as to the barangay captain
Public policy admits of affording remedies to those unjustly
and likewise to the Sangguniang Panlalawigan and the
deprived of their rights over real property by reason of the
Sangguniang Bayan concerned.
operation of our registration laws
(c) The Geodetic Engineers or other employees of the Bureau of
1. Action for reconveyance
Lands in charge of the survey shall give notice reasonably in
2. Action for damages
advance of the date on which the survey of any portion of such
3. Recovery from the assurance fund
lands is to begin, which notice shall be posted in the bulletin board
REQUISITES FOR RECOVERY FROM ASSURANCE FUND of the municipal building of the municipality or barrio in which the
lands are situated, and shall mark the boundaries of the lands by
1. Persons sustains loss or damage, or is deprived of any estate or
interest in the land monuments set up in proper places thereon. It shall be lawful for
such Geodetic Engineers and other employees to enter upon the
2. On account of bringing the land under the operation of the torrens
system arising from original registration lands whenever necessary for the purposes of such survey or the
placing of monuments.
3. Through fraud, error, omission, mistake or deception in any
certificate or any entry or memorandum in the registration
(d) It shall be the duty of every person claiming an interest in the
4. Without negligence on his part
5. Barred or precluded from bringing an action for reconveyance lands to be surveyed, or in any parcel thereof, to communicate with
the Geodetic Engineer upon his request therefor all information
GOOD FAITH IS A CONDITION SINE QUE NON possessed by such person concerning the boundary lines of any
lands to which he claims title or in which he claims any interest.

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 34 of 127

Geodetic engineer of the LMB shall give advance notices to all


(e) Any person who shall willfully obstruct the making of any claimants of dates of survey
survey undertaken by the Bureau of Lands or by a licensed
Geodetic Engineer duly authorized to conduct the survey under this PETITION; LOT NUMBERS
Section, or shall maliciously interfere with the placing of any
monument or remove such monument, or shall destroy or remove Section 36. Petition for registration. When the lands have been
any notice of survey posted on the land pursuant to law, shall be surveyed or plotted, the Director of Lands, represented by the
punished by a fine of not more than one thousand pesos or by Solicitor General, shall institute original registration proceedings by
imprisonment for not more than one year, or both. filing the necessary petition in the Court of First Instance of the
place where the land is situated against the holders, claimants,
NATURE AND PURPOSE possessors, or occupants of such lands or any part thereof, stating
Upon the initiative of the government in substance that public interest requires that the title to such
To have titles to all lands in the stated area adjudicated lands be settled and adjudicated and praying that such titles be so
Public interest demands that titles to any unregistered land settled settled and adjudicated:
and adjudicated
The principal aim is to settle as much as possible all disputes over The petition shall contain a description of the lands and shall be
the land and to remove all clouds over the land titles as far as accompanied by a plan thereof, and may contain such other data as
practicable, in a community may serve to furnish full notice to the occupants of the lands and to
Nature of a proceeding in rem all persons who may claim any right or interest therein.

PROCEDURE LEADING TO THE ADJUDICATION OF PROPERTY Where the land consists of two or more parcels held or occupied by
THROUGH CADASTRAL PROCEEDINGS different persons, the plan shall indicate the boundaries or limits of
1. Cadastral survey preparatory to filing a petition the various parcels as accurately as possible. The parcels shall be
2. Filing of petition for registration known as "lots" and shall on the plan filed in the case be given
3. Notice of survey separate numbers by the Director of Lands, which numbers shall be
4. Publication known as "cadastral lot numbers". The lots situated within each
Though there is no express mention of any publication municipality shall, as far as practicable, be numbered consecutively
requirement following PD1529, there has to be mailing, beginning with number "one", and only one series of numbers shall
posting and publication following the Cadastral be used for that purpose in each municipality. However in cities or
Registration Law townsites, a designation of the landholdings by blocks and lot
Publication in the OG twice under said law numbers may be employed instead of the designation by cadastral
5. Filing of answer lot numbers.
6. Hearing of petition
7. Judgment The cadastral number of a lot shall not be changed after final
decision has been entered decreasing the registration thereof,
CADASTRAL SURVEY PREPARATORY TO FILING OF PETITION except by order of court. Future subdivisions of any lot shall be
Opinion of the president that public interest requires that title to designated by a letter or letters of the alphabet added to the
unregistered land be settled and adjudicated cadastral number of the lot to which the respective subdivisions
He may order the Director of Lands to cause to be made a pertain. The letter with which a subdivision is designated shall be
cadastral survey of the lands involved known as its "cadastral letter": Provided, however, that the
Notice to be published in OG, posted in bulletin board of municipal subdivisions of cities or townsites may be designated by blocks and
building; sent to mayor and all those concerned lot numbers.

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 35 of 127

FILING OF PETITION FOR REGISTRATION (f) If the claimant is not in possession or occupation of the land,
Director of Lands through the Solicitor General the answer shall fully set forth the interest claimed by him and the
Shall institute original registration proceedings time and manner of his acquisition;

WHAT SHALL THE PETITION CONTAIN? (g) if the lots have been assessed for taxation, their last assessed
1. Description of the lands value; and
2. Accompanied by a plan
3. Other data as to facilitate notice to all occupants and persons (h) The encumbrances, if any, affecting the lots and the names of
having claim adverse claimants, as far as known.
4. The parcels shall be called lots and shall be given cadastral lot
numbers on the plan
FILING OF ANSWER
On or before the date of the hearing or within such further time as
ANSWER may be allowed by the Court
Shall be signed and sworn by the claimant or by some other
Section 37. Answer to petition in cadastral proceedings. Any authorized person on his behalf
claimant in cadastral proceedings, whether named in the notice or Shall indicate the status, nationality and postal address
not, shall appear before the court by himself or by some other
authorized person in his behalf, and shall file an answer on or THE ANSWER SHALL INDICATE
before the date of initial hearing or within such further time as may 1. The claimants status, nationality, postal address, and age
be allowed by the court. The answer shall be signed and sworn to 2. The cadastral number of lot
by the claimant or by some other authorized person in his behalf, 3. Name of the barrio or municipality
and shall state whether the claimant is married or unmarried, and 4. Name and address of adjoining owners
if married, the name of the spouse and the date of marriage, his 5. Length of time of possession or interest claimed by him if not in
nationality, residence and postal address, and shall also contain: possession
6. Last assessed value of the lots
(a) The age of the claimant; 7. Any encumberances

(b) The cadastral number of the lot or lots claimed, as appearing on


the plan filed in the case by the Director of Lands, or the block and HEARING; JUDGMENT; DECREE
lot numbers, as the case may be;
Section 38. Hearing, Judgment, Decree. The trial of the case may
(c) The name of the barrio and municipality in which the lots are occur at any convenient place within the province in which the
situated; lands are situated and shall be conducted, and orders for default
and confessions entered, in the same manner as in ordinary land
(d) The names and addresses of the owners of the adjoining lots so registration proceedings and shall be governed by the same rules.
far as known to the claimant; All conflicting interests shall be adjudicated by the court and
decrees awarded in favor of the persons entitled to the lands or to
(e) If the claimant is in possession of the lots claimed and can parts thereof and such decrees shall be the basis for issuance of
show no express grant of the land by the government to him or to original certificates of title in favor of said persons and shall have
his predecessors-in-interest, the answer shall state the length of the same effect as certificates of title granted on application for
time he has held such possession and the manner in which it has registration of land under ordinary land registration proceedings.
been acquired, and shall also state the length of time, as far as
known, during which the predecessors, if any, held possession;

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 36 of 127

IN THE ABSENCE OF ANY SUCCESSFUL CLAIMANTS, THE LAND PROCEEDING


SHALL BE DECLARED PUBLIC LAND SUBJECT MATTER Private land Unregistered land
PRAYER OF Title be issued in his Order adjudication to
WHAT ARE THE ACTIONS TAKEN IN A CADASTRAL PROCEEDING? APPLICATION name persons who really are
1. Adjudicates ownership in favor of one of the claimants entitled to the property
2. Declaration that the decree is final and its order for the issuance PERSON OR PARTY Applicant presents Claimant ahead of the
of certificates of title by the LRA TO PRESENT evidence first governmentthose
3. LRA: issuance of the registration decree EVIDENCE who filed the answer
WHAT IS Filing opposition Filing of an answer
ONLY UNREGISTERED LANDS MAY BE THE SUBJECT OF A
IMPORTANT
CADASTRAL SURVEY
WHO CONDUCTS Applicant Government
THE SURVEY
JURISDICTION OF THE CADASTRAL COURT OVER PREVIOUSLY
TITLED LANDS
Limited to the necessary corrections CERTIFICATE OF TITLE
Correct technical descriptions and priority over overlapping titles
Courts are not aloowed to open again the decree of registration Section 39. Preparation of decree and Certificate of Title. After the
judgment directing the registration of title to land has become
CADASTRAL ANSWER MAY NOT BE THROWN OUT BY MERE MOTION final, the court shall, within fifteen days from entry of judgment,
OF ADVERSE CLAIMANTS issue an order directing the Commissioner to issue the
corresponding decree of registration and certificate of title. The
AMENDMENT OF THE PLAN TO INCLUDE ADDITIONAL TERRITORY clerk of court shall send, within fifteen days from entry of
IS NULL AND VOID UNLESS THERE IS NEW PUBLICATIONsimilar to judgment, certified copies of the judgment and of the order of the
voluntary registration proceedings court directing the Commissioner to issue the corresponding decree
of registration and certificate of title, and a certificate stating that
WHEN DOES TITLE TO LAND IN A CADASTRAL CASE VESTED? the decision has not been amended, reconsidered, nor appealed,
Upon the promulgation of the order for the issuance of the decree, and has become final. Thereupon, the Commissioner shall cause to
the land, for all intents and purposes, had become from that time be prepared the decree of registration as well as the original and
registered property which couldn't be acquired through adverse duplicate of the corresponding original certificate of title. The
possession original certificate of title shall be a true copy of the decree of
registration. The decree of registration shall be signed by the
NEW TITLES MAY BE ISSUED FOR PRIVATE LANDS WITHIN THE Commissioner, entered and filed in the Land Registration
CADASTRAL SURVEY Commission. The original of the original certificate of title shall also
be signed by the Commissioner and shall be sent, together with the
A DECISION DECLARING LAND TO BE PUBLIC LAND NOT A BAR TO owner's duplicate certificate, to the Register of Deeds of the city or
ANY SUBSEQUENT ACTION FOR CONFIRMATION OF TITLE province where the property is situated for entry in his registration
book.
ISSSUANCE OF WRIT OF POSSESSION IMPRESCRIPTIBLE
Section 40. Entry of Original Certificate of Title. Upon receipt by the
ORIGINAL CADASTRAL Register of Deeds of the original and duplicate copies of the
REGISTRATION PROCEEDING original certificate of title the same shall be entered in his record
PARTY WHO Party claiming Director of Lands book and shall be numbered, dated, signed and sealed by the
INITIATES THE ownership Register of Deeds with the seal of his office. Said certificate of title
shall take effect upon the date of entry thereof. The Register of

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 37 of 127

Deeds shall forthwith send notice by mail to the registered owner appear of record in the Registry of Deeds in order to be valid
that his owner's duplicate is ready for delivery to him upon against subsequent purchasers or encumbrancers of record.
payment of legal fees.
Second. Unpaid real estate taxes levied and assessed within two
Section 41. Owner's duplicate certificate of title. The owner's years immediately preceding the acquisition of any right over the
duplicate certificate of title shall be delivered to the registered land by an innocent purchaser for value, without prejudice to the
owner or to his duly authorized representative. If two or more right of the government to collect taxes payable before that period
persons are registered owners, one owner's duplicate certificate from the delinquent taxpayer alone.
may be issued for the whole land, or if the co-owners so desire, a
separate duplicate may be issued to each of them in like form, but Third. Any public highway or private way established or recognized
all outstanding certificates of title so issued shall be surrendered by law, or any government irrigation canal or lateral thereof, if the
whenever the Register of Deeds shall register any subsequent certificate of title does not state that the boundaries of such
voluntary transaction affecting the whole land or part thereof or highway or irrigation canal or lateral thereof have been
any interest therein. The Register of Deeds shall note on each determined.
certificate of title a statement as to whom a copy thereof was
issued. Fourth. Any disposition of the property or limitation on the use
thereof by virtue of, or pursuant to, Presidential Decree No. 27 or
Section 42. Registration Books. The original copy of the original any other law or regulations on agrarian reform.
certificate of title shall be filed in the Registry of Deeds. The same
shall be bound in consecutive order together with similar Section 45. Statement of personal circumstances in the certificate.
certificates of title and shall constitute the registration book for Every certificate of title shall set forth the full names of all persons
titled properties. whose interests make up the full ownership in the whole land,
including their civil status, and the names of their respective
Section 43. Transfer Certificate of Title. The subsequent certificate spouses, if married, as well as their citizenship, residence and
of title that may be issued by the Register of Deeds pursuant to any postal address. If the property covered belongs to the conjugal
voluntary or involuntary instrument relating to the same land shall partnership, it shall be issued in the names of both spouses.
be in like form, entitled "Transfer Certificate of Title", and likewise
issued in duplicate. The certificate shall show the number of the Section 46. General incidents of registered land. Registered land
next previous certificate covering the same land and also the fact shall be subject to such burdens and incidents as may arise by
that it was originally registered, giving the record number, the operation of law. Nothing contained in this decree shall in any way
number of the original certificate of title, and the volume and page be construed to relieve registered land or the owners thereof from
of the registration book in which the latter is found. any rights incident to the relation of husband and wife, landlord
and tenant, or from liability to attachment or levy on execution, or
Section 44. Statutory liens affecting title. Every registered owner from liability to any lien of any description established by law on
receiving a certificate of title in pursuance of a decree of the land and the buildings thereon, or on the interest of the owner
registration, and every subsequent purchaser of registered land in such land or buildings, or to change the laws of descent, or the
taking a certificate of title for value and in good faith, shall hold the rights of partition between co-owners, or the right to take the
same free from all encumbrances except those noted in said same by eminent domain, or to relieve such land from liability to be
certificate and any of the following encumbrances which may be recovered by an assignee in insolvency or trustee in bankcruptcy
subsisting, namely: under the laws relative to preferences, or to change or affect in any
way other rights or liabilities created by law and applicable to
First. Liens, claims or rights arising or existing under the laws and unregistered land, except as otherwise provided in this Decree.
Constitution of the Philippines which are not by law required to

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 38 of 127

Section 47. Registered land not subject to prescriptions. No title to portion of any street, passageway, waterway or open space so
registered land in derogation of the title of the registered owner delineated on the plan shall be closed or otherwise disposed of by
shall be acquired by prescription or adverse possession. the registered owner without the approval of the Court of First
Instance of the province or city in which the land is situated.
Section 48. Certificate not subject to collateral attack. A certificate
of title shall not be subject to collateral attack. It cannot be A registered owner desiring to consolidate several lots into one or
altered, modified, or canceled except in a direct proceeding in more, requiring new technical descriptions, shall file with the Land
accordance with law. Registration Commission, a consolidation plan on which shall be
shown the lots to be affected, as they were before, and as they will
Section 49. Splitting, or consolidation of titles. A registered owner appear after the consolidation. Upon the surrender of the owner's
of several distinct parcels of land embraced in and covered by a duplicate certificates and the receipt of consolidation plan duty
certificate of title desiring in lieu thereof separate certificates, each approved by the Commission, the Register of Deeds concerned shall
containing one or more parcels, may file a written request for that cancel the corresponding certificates of title and issue a new one
purpose with the Register of Deeds concerned, and the latter, upon for the consolidated lots.
the surrender of the owner's duplicate, shall cancel it together with
its original and issue in lieu thereof separate certificates as The Commission may not order or cause any change, modification,
desired. A registered owner of several distinct parcels of land or amendment in the contents of any certificate of title, or of any
covered by separate certificates of title desiring to have in lieu decree or plan, including the technical description therein, covering
thereof a single certificate for the whole land, or several any real property registered under the Torrens system, nor order
certificates for the different parcels thereof, may also file a written the cancellation of the said certificate of title and the issuance of a
request with the Register of Deeds concerned, and the latter, upon new one which would result in the enlargement of the area covered
the surrender of the owner's duplicates, shall cancel them together by the certificate of title.
with their originals, and issue in lieu thereof one or separate
certificates as desired. ISSUANCE OF DECREE OF REGISTRATION AND CERTIFICATE OF
TITLE
Section 50. Subdivision and consolidation plans. Any owner The court shall issue within 15 days from the entry thereof, an
subdividing a tract of registered land into lots which do not order directing the LRA administrator to issue the corresponding
constitute a subdivision project has defined and provided for under decree of registration and certificate of title
P.D. No. 957, shall file with the Commissioner of Land Registration
or with the Bureau of Lands a subdivision plan of such land on CERTIFICATE OF TITLE
which all boundaries, streets, passageways and waterways, if any, 1. The OCT shall be the true copy of the decree of registration
shall be distinctly and accurately delineated. 2. Transcript of the decree
3. Accumulates in one decree a precise and correct statement of the
If a subdivision plan, be it simple or complex, duly approved by the exact status of the fee simle title which an owner possesses
Commissioner of Land Registration or the Bureau of Lands together 4. Evidence of the title which the owner has
with the approved technical descriptions and the corresponding 5. What appears on the face of the title is controlling on questions of
owner's duplicate certificate of title is presented for registration, ownership sicne the certificate of title is an absolute and
the Register of Deeds shall, without requiring further court indeafisible evidence of ownership of the property in favor of the
approval of said plan, register the same in accordance with the person whose name appears theein
provisions of the Land Registration Act, as amended: Provided,
however, that the Register of Deeds shall annotate on the new DECREE BINDS THE LAND AND IS CONCLUSIVE AGAINST THE
certificate of title covering the street, passageway or open space, a WHOLE WORLD
memorandum to the effect that except by way of donation in favor As soon as the decree of title has been registered in the office of
of the national government, province, city or municipality, no the RD, the property included therein becomes registered land

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 39 of 127

Certificate of title shall take effect upon the transcription of the CO OWNER MAY ONLY DISPOSE OF HIS ALIQUOT SHARE IN THE
decree PROPERTY HELD IN COMMON

REGISTRATION DOESN'T GIVE ANY PERSON A BETTER TITLE THAN REGISTERED OWNER ENTITLED TO POSSESSION OF THE OWNERS
WHAT HE REALLY HAS DUPLICATE
Registered owner has preferential right to the possession of the
PROBATIVE VALUE OF A CERTIFICATE OF TITLE owners duplicate as against one whose name doesn't appear in
Serves as an indeafisible title to the property in favor of the the certificate but who may have right or claim to the possession
person whose name appears therein and is conclusive as to the of the land
identity of the land and its location
The title becomes indeafisible and incontrovertible one year from DECREE AND TITLE BECOME INCONTROVERTIBLE AFTER ONE YEAR
its final decree UPON ITS ISSUANCE. THERE ARE EXCEPTIONS THOUGH
The notations or memoranda at the back of the certificate arent 1. Laches
admissible as proof of the contracts or documents to which they 2. If there is fraud and misrepresentation on the title over public
pertain land
Validity and correctness of the title is presumed 3. Buyer in bad faith
4. When the title over the land which you acquire is already privately
WHERE TWO OR MORE CERTIFICATES COVER THE SAME LAND, THE owned
EARLIER IN DATE PREVAILS
CERTIFICATE OF TITLE FREE FROM LIENS EXCEPT THOSE NOTED
ENTRY OF OCT THEREIN AND THE ENCUMBERANCES ENUMERATED IN THE LAW
The OCT is issued for the first time after initial registration
proceedings ENUMERATION OF ENCUMBERANCES ENUMERATED IN THE LAW
OCT shall be the true coy of the decree of registration 1. Liens, claims, or rights existing or arising under the laws or the
Upon receipt of the RD of the original and duplicate copy of the constitution which arent by law required
certificate of title, he shall enter the same in the record book and 2. Unpaid real estate taxes levied or assessed within 2 years
shall be numbered, dated and signed and sealed with the seal of immediately preceding the acquisition of any right over the land
his office 3. Any public highway or private way established or recognized by
the law, or any government irrigation canal or lateral thereof
ISSUANCE OF THE OWNERS DUPLICATE CERTIFICATE 4. Any disposition of the property or limitation to the use thereof by
Shall be delivered to the registered owner or his duly authorized virtue of PD 27 or any other law or regulation or agrarian reform
representative Tenancy Emancipation Decree and Comprehensive Agrarian
If 2 or more persons are registered owners, one owners duplicate Reform Law)
may be issued for the whole land 5. Rights incident to the relation of husband and wife and landlord
If the 2 co-owners desire, a separate duplicate may be issued to and tenant
each of them in like form but all outstanding certificates so issued 6. Liability to attachment and execution
shall be surrendered whenever the RD shall register any 7. Liability to any lien of any description established by law and the
subsequent voluntary transaction affecting the whole land or part buildings thereon or an interest of the owner of such lands or
thereof or any interest therein buidings
8. Rights incident to the laws of descent or partition between co-
THE ISSUANCE OF MORTGAGEES DUPLICATE CERTIFICATE IS owners
DISCONTINUED 9. Taking of the property through eminent domain

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 40 of 127

10. Right to relieve the land from liability to be recovered by an Land not subject to any encumberance or alienation from the date
assignee in insolvency or trustee in bankruptcy under the laws of approval and for the term of 5 years from and after the date of
relative to preferences issuance of the patent or grant
11. Rights or liabilities created by law and applicable to unregistered
land OTHER STATUTORY LIENS
Alienable lands of the public domain granted or donated or
ENCUMBERANCES transferred to a province, municipality, or branch of the
Burden upon land, depreciative of its value, such as lien, government shall not be alienated or encumbered or otherwise
easement, or servitude, which though adverse to the interest of disposed of in a manner affecting its title except when authorized
the landowner, doesn't conflict with his conveyance of the land in by Congress
fee
CONTENTS OF A CERTIFICATE OF TITLE
LIEN 1. Full names of all persons whose interest make up the full
Charge on the property ownership of the land
Qualified right or a proprietary interest which may be exercised 2. Civil status
over the property of another 3. Names of the respective spouses
4. Citizenship
REMEMBER THE GENERAL RULE THAT THE PURCHASER NEED NOT 5. Residence and postal address
GO BEYOND THE REGISTRY TO DETERMINE CONDITIONS OF
PROPERTY NOTHING IN THE DECREE SHALL BE CONSTRUED AS RELIEVING
THE REGISTERED LAND OR THE OWNERS THEREOF FROM ANY
SUPERIOR LIEN IN FAVOR OF GOVERNMENT COMPLEMENTARY TO RIGHTS INCIDENT TO THE RELATION OF THE HUSBAND AND WIFE,
THE DISTRAINT OF PERSONAL PROPERTY AND INTEREST AND LANDLORD AND TENANT, OR FROM LIABILITY FROM ATTACHMENT,
RIGHTS THEREIN AND JUDICIAL ACTION LEVY OR EXECUTION, OR ANY LIEN ESTABLISHED BY LAW ON THE
LAND AND THE BUILDINGS THEREON
UNPAID REAL ESTATE TAXES
Refers to unpaid taxes levied and assessed within 2 years REGISTERED LAND MAY NOT BE ACQUIRED THROUGH ACQUISITIVE
immediately preceding the acquisition of any right over the land PRESCRIPTION
by an innocent purchaser for value
Automatically registered REGISTERED OWNER MAY BE BARRED FROM RECOVERING
POSSESSION THROUGH LACHES: ELEMENTS OF LACHES
TENANT EMANCIPATION DECREE 1. Conduct on the part of defendant
Tenant farmerif not registered, 5 hectares and if irrigated, 3 2. Delay in asserting the complainants rights after having knowledge
hectares or notice and having been afforded opportunity to initiate a suit
Landowner may retain an area of not more than 7 hectares if such 3. Lack of knowledge or notice on the part of defendant
landowner is cultivating such area or will not cultivate it 4. Inquiry or prejudice to the defendant

CARL CERTIFICATE OF TITLE NOT SUBJECT TO ANY COLLATERAL ATTACK


Landowner may not retain more than 5 hectares
Three hectares may be allowed to each child of the landowner A DIRECT ATTACK ON THE TITLE MAY BE MADE IN A
provided that he is at least 15 years old and that he is actually COUNTERCLAIM OR THIRD-PARTY COMPLAINT
tilling the land or directly managing the farm
SPLITTING OR CONSOLIDATING OF TITLE
PUBLIC PATENT

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 41 of 127

One need not go to court. All that must be done is to write a FORM IS IMPORTANT FOR VALIDITY, CONVENIENCE, AND
written request to the RD. ENFORCEABILITY
General rule: form is not important for the validity of a contract
SUBDIVISION OR CONSOLIDATION OF TITLE provided there is consent, subject matter and cause. This applies
Which is not a subdivision projectin relation to PD 957 on only to consensual contracts.
subdivisions The sale of real estate, whether made as a result of private
A SUBDIVISION PROJECT is when there is subdivision of property transaction or foreclosure of execution sale, becomes legally
with intention to sell the lots effective against third parties only from the date of registration.
A COMPLEX SUBDIVISION PLAN is a plan wherein the streets,
passageways, etc. are stated in the title DELIVERY AS A MODE OF TRANSMISSION, REAL OR CONSTRUCTIVE
If subdivision project, submit first to the HLURB, followed by the
LMB and then the RD ACTUAL NOTICE EQUIVALENT OF REGISTRATION
As between the parties to a contract of sale, registration is not
SUBDIVISION OF REGISTERED LAND necessary to make it valid and effective, for actual notice is
Submit to LRA an approved subdivision plan by the LMB equivalent to registration.
Even without the act of registration, a deed purporting to convey
CONVEYANCE OF ONLY A PORTION OF THE LAND or affect registered land shall operate as a contract between the
RD shall not enter a new title in favor of the grantee until after a parties
plan indicating the portions into which the land has been
subdivided shall have been first presented together with technical ACT OF REGISTRATION IS THE OPERATIVE ACT TO CONVEY OR
decription AFFECT REGISTERED LAND
It is the registration of contracts dealing with registered property
SUBSEQUENT REGISTRATION: VOLUNTARY DEALINGS in the corresponding Register of Deeds that binds or affects third
persons
WITH REGISTERED LANDS
Non-compliance with the formal requirements doesnt adversely
affect the validity of contract nor the contractual rights and
GENERAL PROVISIONS obligations of parties
Registration is a mere ministerial act by which a deed, contract or
Section 51. Conveyance and other dealings by registered owner. An instrument is inscribed in the office of the Register of Deeds and
owner of registered land may convey, mortgage, lease, charge or annotated at the back of the certificate of the title covering the
otherwise deal with the same in accordance with existing laws. He land subject of the deed, contract or instrument
may use such forms of deeds, mortgages, leases or other voluntary PD1529 only protects the holder in good faith, and cannot be used
instruments as are sufficient in law. But no deed, mortgage, lease, as a shield against frauds
or other voluntary instrument, except a will purporting to convey or
affect registered land shall take effect as a conveyance or bind the IMPORTANCE OF REGISTRATION
land, but shall operate only as a contract between the parties and For a transaction as important as the sale of registered property of
as evidence of authority to the Register of Deeds to make land, it may be necessary to keep a record thereof
registration.
REGISTRATION OF DOCUMENT MINISTERIAL ON THE PART OF THE
The act of registration shall be the operative act to convey or affect RD
the land insofar as third persons are concerned, and in all cases The purpose of registering an instrument is to give notice thereof
under this Decree, the registration shall be made in the office of to all persons
the Register of Deeds for the province or city where the land lies.

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 42 of 127

It is nfot intended by the proceedings for registration to seek to claim a better right over the land which had been previously
destroy or otherwise affect already registered rights over the land, registered in the name of another.
subsisting or existing at the time of the registration A notice of lis pendens serves as a warniong to a prospective
The law on registration doesnt require that only valid instruments purchaser or encumbrancer that the particular property is in
shall be registered litigation and that he should keep his hands off the same, unless
If the purpose of registration is merely to give notice, then he intends to gamble on the results of the litigation
questions regarding the effect or invalidity of the instruments are
expected to be decided after registration PURCHASER IS NOT REQUIRED TO EXPLORE FURTHER THAN WHAT
An instrument which seeks the reformation of an extrajudicial TITLE INDICATES FOR HIDDEN DEFECTS
settlement of an estate consisting of registered lands is a When there is nothing in the certificate of title to indicate any
voluntary one, and since the duty of the RD to enter such cloud or vice in the ownership of the property, or any
instrument in his book is purely ministerial, his refusal to do so is encumbrance thereon, the purchaser is not required to explore
tantamount to an unlawful neglect in the performance of a duty farther than what the Torrens title upon its face indicates in quest
resulting from an office, trust or station, and is a proper instance for any hidden defect or inchoate right that may subsequently
where mandamus will lie defeat his right thereto
Remember though that a Torrens title doesnt create or vest title.
PAYMENT OF TAXES PREREQUISITE TO REGISTRATION It only confirms and records title already existing and vested

Section 52. Constructive notice upon registration. Every BUT A PURCHASER WHO HAS KNOWLEDGE OF DEFECT OF HIS
conveyance, mortgage, lease, lien, attachment, order, judgment, VENDORS TITLE CANNOT CLAIM GOOD FAITH.
instrument or entry affecting registered land shall, if registered, A purchaser cannot close his eyes to facts which should put a
filed or entered in the office of the Register of Deeds for the reasonable man upon his guard, and then claim that he acted in
province or city where the land to which it relates lies, be good faith under the belief that there was no defect in the title of
constructive notice to all persons from the time of such registering, the vendor
filing or entering. His mere refusal to believe that such defect exists or his willful
closing of his eyes to the possibility of the existence of a defect in
the vendors title, will not make him an innocent purchaser for
REGISTRATION IS CONSTRUCTIVE NOTICE TO THIRD PERSONS value, if it afterwards develops that the title was in fact defective,
The act of registration shall be the operative act to convey or and it appears that he had no such notice of the defect as would
affect the land insofar as third persons are concerned have led to its discovery had he acted with that measure of
It is the act of registration which creates a constructive notice to precaution which may reasonably be required of a prudent man in
the whole world and binds third persons a like situation
Absent such registration, a conveyance doesnt affect or bind the
land VOLUNTARY AND INVOLUNTARY REGISTRATION DISTINGUISHED
Under the rule on notice, there is a conclusive presumption that
INVOLUNTARY REGISTRATION VOLUNTARY REGISTRATION
the purchaser has examined every instrument of record affecting
the title An entry thereofattachment, levy, An innocent purchaser for value of
He is charged with notice of every fact shown by the record and is notice of lis pendens, etcin the registered land becomes the
presumed to know every fact shown by the record and is day book is sufficient notice to all registered owner and in
presumed to know every fact which an examination of the record persons even if the owners contemplation of law the holder of a
would have disclosed duplicate certificate of title isnt certificate of title, the moment he
Since it is the act of registration which transfers ownership of the presented to the RD presents and files a duly notarized
land sold, it has been held that a subsequent claimant cannot and valid deed of sale and the same
is entered in the day book and at

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 43 of 127

the same time he surrenders or certificate of title, the party in interest may file a petition in court
presents the owners duplicate to compel surrender of the same to the RD
certificate of title covering the land However, non-production of the owners duplicate of the
sold and pays the registration fees, certificate of title may not invalidate a vendees claim of
because what needs to be done lies ownership where the subsequent vendees of the same lot cannot
not within his power to perform be considered in the law to be unaware of the prior sale, on
account of their relationship with the 1 st vendee, since the validity
of a title to a piece of property depends on the buyers knowledge
Section 53. Presentation of owner's duplicate upon entry of new of a prior sale.
certificate. No voluntary instrument shall be registered by the
Register of Deeds, unless the owner's duplicate certificate is ISSUANCE OF TCT WITHOUT PRODUCTION OF OWNERS DUPLICATE
presented with such instrument, except in cases expressly UNWARRANTED
provided for in this Decree or upon order of the court, for cause When the land which is the subject of sale thus registered in the
shown. name of the purchaser, registration takes effect retroactively as of
the date when the deed, conveyance was noted in the entry book
The production of the owner's duplicate certificate, whenever any of the RD
voluntary instrument is presented for registration, shall be The issuance of a TCT without the presentment of the owners
conclusive authority from the registered owner to the Register of duplicate is unwarranted and confers no right on the purchaser
Deeds to enter a new certificate or to make a memorandum of
registration in accordance with such instrument, and the new ALTHOUGH AN ORIGINAL OWNER OF REGISTERED LAND MAY SEEK
certificate or memorandum shall be binding upon the registered THE ANNULMENT OF A TRANSFER THEREOF ON THE GROUND OF
owner and upon all persons claiming under him, in favor of every FRAUD, SUCH A REMEDY IS WITHOUT PREJUDICE TO THE RIGHTS
purchaser for value and in good faith. OF AN INNOCENT HOLDER FOR VALUE OF A CERTIFICATE OF TITLE.

In all cases of registration procured by fraud, the owner may A FORGED DEED MAY BE THE BASIS OF A GOOD TITLE IN THE
pursue all his legal and equitable remedies against the parties to HANDS OF A BONA FIDE PURCHASER
such fraud without prejudice, however, to the rights of any A forged deed may be the root of a valid title in the hands of a
innocent holder for value of a certificate of title. After the entry of bona fide purchaser or mortgagee
the decree of registration on the original petition or application, Torrens system permits a forged transfer, when duly entered in
any subsequent registration procured by the presentation of a the registry, to become the root of a valid title in a bona fide
forged duplicate certificate of title, or a forged deed or other purchaser
instrument, shall be null and void. The law erects a safeguard against a forged transfer being
registered by the requirement that no transfer shall be registered
SURRENDER OF OWNERS DUPLICATE CERTIFICATE unless the owners certificate is produced along with the
No voluntary instrument shall be registered by the RD unless the instrument of transfer
owners duplicate certificate is presented together with such Public policy, expediency, and the need for a statute of repose as
instrument, except in some cases given or upon the order of the to the possession of land, demand such a rule.
court for cause shown. The right or lien of an innocent mortgagee for value upon the land
To affect the land sold, presentation of the deed of sale and its mortgaged must be respected and protected, even if the
entry in the day book must be done with the surrender of the mortgagor obtained his title through fraud
owners duplicate of the certificate of title
Where a voluntary instrument cannot be registered by reason of RULE WHEN OWNER IS NOT AT FAULT
refusal or failure of the holder to surrender the owners duplicate The giving of the certificates of title by the owners to another is
not in itself an act of negligence, especially so where it doesnt

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 44 of 127

appear that the owner has executed any document authorizing the RULE WITH RESPECT BANKING INSTITUTIONS
holder of the certificate to execute deeds for and in their behalf. Before a bank grants a loan on the security of land, it first
But one who consents to be the mortgagee of said certificate of undertakes a careful examination of the title of the applicant as
title without taking sufficient care to see to it that the person who well as physical and on-the-spot investigation of the land itself
executed the deed of mortgage is the real registered owner of the offered as security
property is guilty of negligence and must suffer from it. If it didnt conduct such examination, it must be held to be guilty
of gross negligence in granting the loans, and cannot be
RULE IN CASE OF DOUBLE SALE considered as a mortgagee in good faith within the contemplation
Where two or more TCT are issued to different persons for the of law
same lots, or subdivisions thereof, due to the fact that the original
title was not cancelled when the first TCT was issued to replace Section 54. Dealings less than ownership, how registered. No new
the original title, which title prevails? certificate shall be entered or issued pursuant to any instrument
General rule is that in case of 2 certificates of title purporting to which does not divest the ownership or title from the owner or
include the same land, the earlier in date prevails, whether the from the transferee of the registered owners. All interests in
land comprised in the latter certificate be wholly or only in part, registered land less than ownership shall be registered by filing
comprised in the earlier certificate with the Register of Deeds the instrument which creates or
Where 2 certificates of title purport to include the same land, the transfers or claims such interests and by a brief memorandum
earlier in date prevails. In successive registrations, where more thereof made by the Register of Deeds upon the certificate of title,
than 1 certificate is issued in respect of a particular estate or and signed by him. A similar memorandum shall also be made on
interest in land, the person claiming under the prior certificate is the owner's duplicate. The cancellation or extinguishment of such
entitled to the estate or interest; and the person is deemed to interests shall be registered in the same manner.
hold under the prior certificate who is the holder of, or whose
claim is derived directly or indirectly from the person who was the
holder of the earliest certificate issued in respect thereof. MEMORANDUM OF ENCUMBERANCES
The vendee of the earlier certificate would be the owner as against Dorsal side of the certificate of title
the vendee of the owner of the latter certificate All interests in the registered land less than ownership which shall
serve as a notice to third persons of the instrument affecting the
REMEDY OF AGGRIEVED PARTY property
The purchaser from the owner of the later certificate and his A similar entry shall be made on the owners duplicate certificate
successors, should resort to his vendor for redress, rather than of title
molest the holder of the first certificate and his successors, who
should be permitted to rest secure in their title. Section 55. Grantee's name, nationality, etc., to be stated. Every
deed or other voluntary instrument presented for registration shall
MORTGAGEE IN GOOD FAITH contain or have endorsed upon it the full name, nationality,
This doctrine is the exception to the rule on when mortgage residence and postal address of the grantee or other person
should be done by the absolute owner of the property mortgaged acquiring or claiming an interest under such instrument, and every
A mortgagee has a right to rely in good faith on the certificate of deed shall also state whether the grantee is married or unmarried,
title of the mortgagor to the property given as security and in the and if married, the name in full of the husband or wife. If the
absence of any sign that might arouse suspicion, has no obligation grantee is a corporation or association, the instrument must
to undertake further investigation. Hence, even if the mortgagor contain a recital to show that such corporation or association is
is not the real owner of, or doesnt have a valid title to, the legally qualified to acquire private lands. Any change in the
mortgaged property, the mortgagee in good faith nevertheless is residence or postal address of such person shall be endorsed by the
entitled to protection Register of Deeds on the original copy of the corresponding
certificate of title, upon receiving a sworn statement of such

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 45 of 127

change. All names and addresses shall also be entered on all as court records, subject to such reasonable regulations as the
certificates. Register of Deeds, under the direction of the Commissioner of Land
Registration, may prescribe.
Notices and processed issued in relation to registered land in
pursuance of this Decree may be served upon any person in All deeds and voluntary instruments shall be presented with their
interest by mailing the same to the addresses given, and shall be respective copies and shall be attested and sealed by the Register
binding, whether such person resides within or without the of Deeds, endorsed with the file number, and copies may be
Philippines, but the court may, in its discretion, require further or delivered to the person presenting them.
other notice to be given in any case, if in its opinion the interest of
justice so requires. Certified copies of all instruments filed and registered may also be
obtained from the Register of Deeds upon payment of the
CONTENTS OF THE INSTRUMENT PRESENTED FOR REGISTRATION prescribed fees.
Full name, nationality, residence and postal address of the grantee
or other person acquiring or claiming an interest under such PRIMARY ENTRY BOOK OR DAY BOOK
instrument, and every deed shall also state whether the grantee is The primary entry book or day book is a record of all instruments,
married or unmarried, and if married, the name in full of the including copies of writs and processes, affecting registered lands,
husband or wife. If the grantee is a corporation or association, the which are entered by the RD in the order of their filing, upon
instrument must contain a recital to show that such corporation or payment of the proper fees
association is legally qualified to acquire private lands The recording is a preliminary process in registration and shall
Section further provides that notices and processes affecting the note the date, hour, and minute of receipt of said instruments
land shall be served upon the person in interest at the address An instrument shall be regarded as registered only from the time
given, which shall be binding whether or not such person is within it is noted
or outside the Philippines Every deed of instrument shall be numbered and endorsed by the
RD with proper reference to the certificate of title
Section 56. Primary Entry Book; fees; certified copies. Each All records and papers relative to registered land shall be open for
Register of Deeds shall keep a primary entry book in which, upon examination by the public, subject to such reasonable regulations
payment of the entry fee, he shall enter, in the order of their as the RD may prescribe
reception, all instruments including copies of writs and processes All deeds and voluntary instruments and copies thereof shall be
filed with him relating to registered land. He shall, as a preliminary attested and sealed with the RD and copies with the
process in registration, note in such book the date, hour and corresponding file number shall be delivered to the person
minute of reception of all instruments, in the order in which they presenting them
were received. They shall be regarded as registered from the time
so noted, and the memorandum of each instrument, when made on DEEDS ENTERED IN THE DAY BOOK CONSIDERED REGISTERED
the certificate of title to which it refers, shall bear the same date: FROM THE MOMENT THEY ARE SO NOTED
Provided, that the national government as well as the provincial In an execution sale, the purchaser acquires only such right or
and city governments shall be exempt from the payment of such interest as the judgment debtor had on the property at the time of
fees in advance in order to be entitled to entry and registration. the sale
It follows that if at the time the judgment debtor had no more
Every deed or other instrument, whether voluntary or involuntary, right to or interest in the property because he had already sold it
so filed with the Register of Deeds shall be numbered and indexed to another, then the purchaser acquires nothing
and endorsed with a reference to the proper certificate of title. All Thus, where the judgment debtor had already deeded the
records and papers relative to registered land in the office of the property and delivered the certificate to the RD for registration
Register of Deeds shall be open to the public in the same manner and paid the corresponding fees, the act of registration operated
to convey the property to the buyer

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 46 of 127

An innocent purchaser for value of registered land becomes the Section 58. Procedure where conveyance involves portion of land.
registered owner and in the contemplation of law the holder of a If a deed or conveyance is for a part only of the land described in a
certificate thereof the moment he presents and files a duly certificate of title, the Register of Deeds shall not enter any
notarized deed of sale and the same is entered on the day book transfer certificate to the grantee until a plan of such land showing
and at the same time, he surrenders or presents the owners all the portions or lots into which it has been subdivided and the
duplicate certificate of title to the property sold and pays the full corresponding technical descriptions shall have been verified and
amount of registration fees, because what remains to be done lies approved pursuant to Section 50 of this Decree. Meanwhile, such
not within his power to perform. deed may only be annotated by way of memorandum upon the
grantor's certificate of title, original and duplicate, said
RECORD IS CONSTRUCTIVE NOTICE OF ITS CONTENTS memorandum to serve as a notice to third persons of the fact that
This is in relation to the question of may the purchaser of land certain unsegregated portion of the land described therein has
which has been included in a second original certificate even be been conveyed, and every certificate with such memorandum shall
regarded as an innocent purchaser as against the rights or be effectual for the purpose of showing the grantee's title to the
interest of the owner of the first certificate, his heirs, assigns, or portion conveyed to him, pending the actual issuance of the
vendee? corresponding certificate in his name.

CONVEYANCES AND TRANSFERS Upon the approval of the plan and technical descriptions, the
original of the plan, together with a certified copy of the technical
Section 57. Procedure in registration of conveyances. An owner descriptions shall be filed with the Register of Deeds for annotation
desiring to convey his registered land in fee simple shall execute in the corresponding certificate of title and thereupon said officer
and register a deed of conveyance in a form sufficient in law. The shall issue a new certificate of title to the grantee for the portion
Register of Deeds shall thereafter make out in the registration book conveyed, and at the same time cancel the grantor's certificate
a new certificate of title to the grantee and shall prepare and partially with respect only to said portion conveyed, or, if the
deliver to him an owner's duplicate certificate. The Register of grantor so desires, his certificate may be canceled totally and a
Deeds shall note upon the original and duplicate certificate the date new one issued to him describing therein the remaining portion:
of transfer, the volume and page of the registration book in which Provided, however, that pending approval of said plan, no further
the new certificate is registered and a reference by number to the registration or annotation of any subsequent deed or other
last preceding certificate. The original and the owner's duplicate of voluntary instrument involving the unsegregated portion conveyed
the grantor's certificate shall be stamped "canceled". The deed of shall be effected by the Register of Deeds, except where such
conveyance shall be filled and indorsed with the number and the unsegregated portion was purchased from the Government or any
place of registration of the certificate of title of the land conveyed. of its instrumentalities. If the land has been subdivided into several
lots, designated by numbers or letters, the Register of Deeds may,
PROCEDURE IN REGISTERING A DEED OF CONVEYANCE if desired by the grantor, instead of canceling the latter's certificate
An owner who desires to convey the land covered by his title to and issuing a new one to the same for the remaining unconveyed
another shall execute the proper deed of conveyance, in proper lots, enter on said certificate and on its owner's duplicate a
form, and present the same, together with the owners duplicate memorandum of such deed of conveyance and of the issuance of
certificate to the RD from entry and registration the transfer certificate to the grantee for the lot or lots thus
The RD shall enter in the registration book the fact of conveyance conveyed, and that the grantor's certificate is canceled as to such
and prepare a new certificate of title in the name of the grantee, lot or lots.
the owners duplicate of which shall be delivered to him
The RD shall note the date of conveyance, volume and page of the PROCEDURE WHERE ONLY PORTIONS OF LAND ARE CONVEYED
registration book in which the certificate is registered, and a The RD shall not issue any TCT to the grantee until a plan of such
reference by number to the last preceding certificates land showing the portion or portions into which it has been

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 47 of 127

subdivided and the corresponding technical descriptions shall have mortgage or lease and all instruments which assign, extend,
been verified and approved discharge or otherwise deal with the mortgage or lease shall be
The deed of conveyance may in the meanwhile be annotated by registered, and shall take effect upon the title only from time of
way of memorandum on the grantors certificate of title, which registration.
shall serve as notice to third persons on the fact of conveyance
to show and recognize the grantees title to the portion thus No mortgagee's or lessee's duplicate certificate of title shall
conveyed pending actual issuance to him of the corresponding hereafter be issued by the Registers of Deeds, and those issued
transfer certificate of title prior to the effectivity of this Decree are hereby deemed canceled
Upon approval of the plan and technical descriptions of the specific and the holders thereof shall immediately surrender the same to
portions into which the land has been subdivided, the same shall the Register of Deeds concerned.
be filed with the office of the RD for annotation on the
corresponding certificate of title ESSENCE OF MORTGAGE
The RD shall issue a new TCT to the grantee for the portion A property has been identified or set apart from the mass of
conveyed to him upon cancellation of the grantors certificate as to property of the debtor-mortgagor as security for the payment of
said portion money or the fulfillment of obligation to answer the amount of
But if the grantor so desires, his certificate of title may be totally indebtedness, in case of default of payment
cancelled and a new one issued to him for the remaining portion
of the land
Pending approval of the plan, no further registration or any Section 61. Registration. Upon presentation for registration of the
annotation of any deed or voluntary instrument affecting the deed of mortgage or lease together with the owner's duplicate, the
unsegregated portion shall be made by the RD except where such Register of Deeds shall enter upon the original of the certificate of
portion was purchased from the government or any of its title and also upon the owner's duplicate certificate a memorandum
instrumentalities thereof, the date and time of filing and the file number assigned to
the deed, and shall sign the said memorandum. He shall also note
on the deed the date and time of filing and a reference to the
Section 59. Carry over of encumbrances. If, at the time of any volume and page of the registration book in which it is registered.
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 they may be RECORDED MORTGAGE IS A RIGHT IN REM
simultaneously released or discharged. Recording puts the whole world on constructive notice of its
existence and warns everyone who deals thereafter with the
property on which it was constituted that he would have reckon
CARRYING OVER OF ENCUMBRANCES IN NEW CERTIFICATE with that encumbrance
Whenever registered land is conveyed, all subsisting A mortgage is a secondary contract
encumbrances or annotations appearing in the registration book
and noted on the certificate of title shall be carried over and noted DOCTRINE OF INNOCENT MORTGAGEE FOR VALUE
on the new certificate of title except where said encumbrances or
annotations are simultaneously released or discharged EFFECT OF LIS PENDENS
A notice of lis pendens is an announcement to the whole world
MORTGAGES AND LEASES that a particular real property is in litigation and serves as a
warning that one who acquires an interest over said property does
Section 60. Mortgage or lease of registered land. Mortgage and so at his own risk, so that he gambles on the results of the
leases shall be registered in the manner provided in Section 54 of litigation over said property
this Decree. The owner of registered land may mortgage or lease it It has been held that any subsequent lien or annotation at the
by executing the deed in a form sufficient in law. Such deed of back of the certificate of title cannot in any way prejudice the

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 48 of 127

mortgage previously registered, and the lots subject thereto pass If no right of redemption exists, the certificate of title of the
to the purchaser at a public auction sale free from any lien or mortgagor shall be canceled, and a new certificate issued in the
encumberance name of the purchaser.

UNRECORDED SALE OF A PRIOR DATE VS. RECORDED MORTGAGE Where the right of redemption exists, the certificate of title of the
ON A LATER DATE mortgagor shall not be canceled, but the certificate of sale and the
The unrecorded sale of prior date is preferred order confirming the sale shall be registered by a brief
If the original owner had parted with his ownership of the thing memorandum thereof made by the Register of Deeds upon the
sold then he no longer had the ownership and free disposal of that certificate of title. In the event the property is redeemed, the
thing so as to be able to mortgage it again certificate or deed of redemption shall be filed with the Register of
Deeds, and a brief memorandum thereof shall be made by the
JUDICIAL DECLARATION AS TO THE EXISTENCE OF A LIEN Register of Deeds on the certificate of title of the mortgagor.
SUFFICIENT
If the property is not redeemed, the final deed of sale executed by
RIGHTS OF SECOND MORTGAGE the sheriff in favor of the purchaser at a foreclosure sale shall be
Right to repurchase the subject property registered with the Register of Deeds; whereupon the title of the
Apply to the payment of its credit the excess of the proceeds of mortgagor shall be canceled, and a new certificate issued in the
the sale after the payment of the credit of the first mortgagee name of the purchaser.

EFFECT OF MORTGAGE IF TORRENS TITLE IS NULLIFIED (b) If the mortgage was foreclosed extrajudicially, a certificate of
That the certificate of title issued is a nullity is not in question but sale executed by the officer who conducted the sale shall be filed
whether the mortgagee is entitled to the protection accorded to an with the Register of Deeds who shall make a brief memorandum
innocent purchaser for value, which includes one who is an thereof on the certificate of title.
innocent mortgagee for value
If there was no fraud, negligence, or whatnot on the part of the In the event of redemption by the mortgagor, the same rule
mortgagee regarding the certificate which was later on nullified, provided for in the second paragraph of this section shall apply.
then he would be deemed to be an innocent mortgagee for value,
with the corresponding rights relating to him In case of non-redemption, the purchaser at foreclosure sale shall
file with the Register of Deeds, either a final deed of sale executed
Section 62. Discharge or cancellation. A mortgage or lease on by the person authorized by virtue of the power of attorney
registered land may be discharge or canceled by means of an embodied in the deed of mortgage, or his sworn statement
instrument executed by the mortgage or lessee in a form sufficient attesting to the fact of non-redemption; whereupon, the Register of
in law, which shall be filed with the Register of Deeds who shall Deeds shall issue a new certificate in favor of the purchaser after
make the appropriate memorandum upon the certificate of title. the owner's duplicate of the certificate has been previously
delivered and canceled.

MORTGAGE DISCHARGED ONLY UPON FULL PAYMENT OF


INDEBTEDNESS FORECLOSURE
Process by which a mortgagee acquires an absolute title to the
RULE ON REDEMPTION LIBERALLY CONSTRUED property of which he had previously been the conditional owner,
or upon which he had previously a mere lien or encumberance

Section 63. Foreclosure of Mortgage. (a) If the mortgage was N.B: Remember Security Transactions.
foreclosed judicially, a certified copy of the final order of the court
confirming the sale shall be registered with the Register of Deeds.

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 49 of 127

POWERS OF ATTORNEY; TRUSTS whose benefits the trust has been created is referred to as the
beneficiary
Section 64. Power of attorney. Any person may, by power of It is the right to the beneficial enjoyment of property, the legal
attorney, convey or otherwise deal with registered land and the title to which is vested in another
same shall be registered with the Register of Deeds of the province
or city where the land lies. Any instrument revoking such power of PARTY ACQUIRING PROPERTY BY MISTAKE CONSIDERED TRUSTEE
attorney shall be registered in like manner. OF AN IMPLIED TRUST

NO TRUST CAN RESULT IN FAVOR OF A PARTY WHO IS GUILTY OF


AGENCY TO SELL LAND FRAUD OR VIOLATES PUBLIC POLICY
A special power of attorney refers to the clear mandate specifically There can be no implied trust where the purchase is made in
authorizing the performance of an act, and must therefore be violation of an existing statute and in evasion of its express
distinguished from an agency couched in general terms provision, since no trust can result in favor of the party who is
When a piece of land or any interest therein is through an agent, guilty of the fraud
the authority of the latter shall be in writing, otherwise the sale
shall be void NO PARTICULAR FORM REQUIRED BY LAW WITH REGARD TRUSTS
A special power to sell excludes the power to mortgage, and a
special power to mortgage doesnt include the power to sell PRESCRIPTIVE PERIOD
Ten years from the repudiation of the trust
REGISTRATION OF POWER OF ATTORNEY WITH THE RD NEEDED. It is ten years because just as a resulting trust is an offspring of
COROLLARILY, AS WELL AS ANY REVOCATION THEREOF. the law, so is the corresponding obligation to convey the property
and title thereto to the true owner.
Section 65. Trusts in registered land. If a deed or other instrument Reckoning point of repudiation is from the moment his possession
is filed in order to transfer registered land in trust, or upon any thereof becomes adverse
equitable condition or limitation expressed therein, or to create or
declare a trust or other equitable interests in such land without Section 66. Trust with power of sale, etc., how expressed. If the
transfer, the particulars of the trust, condition, limitation or other instrument creating or declaring a trust or other equitable interest
equitable interest shall not be entered on the certificate; but only a contains an express power to sell, mortgage or deal with the land
memorandum thereof shall be entered by the words "in trust", or in any manner, such power shall be stated in the certificate of title
"upon condition", or other apt words, and by a reference by by the words "with power to sell", or "power to mortgage", or by
number to the instrument authorizing or creating the same. A apt words of description in case of other powers. No instrument
similar memorandum shall be made upon the original instrument which transfers, mortgages or in any way deals with registered
creating or declaring the trust or other equitable interest with a land in trust shall be registered, unless the enabling power thereto
reference by number to the certificate of title to which it relates is expressly conferred in the trust instrument, or unless a final
and to the volume and page in the registration book in which it is judgment or order of a court of competent jurisdiction has
registered. construed the instrument in favor of the power, in which case a
certified copy of such judgment or order may be registered.
TRUST, DEFINED
A trust is a fiduciary relationship with respect to property which TRUSTS, HOW EXPRESSED AND REGISTERED
involves the existence of equitable duties imposed upon the holder If a deed or other instrument is filed in order to transfer registered
of the title to the property to deal with it for the benefit of another land in trust, or upon any equitable condition or limitation
A person who establishes a trust is called the trustor while the one expressed therein, or to create or declare a trust or other
whose confidence is reposed is the trustee, and the person for equitable interests in such land without transfer, the particulars of

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 50 of 127

the trust, condition, limitation or other equitable interest shall not o Containing the description of the land
be entered on the certificate but only a memorandum thereof shall o The name of the registered owner
be entered by the words in trust, or upon condition, or other o A reference to the number of the certificate of title
apt words, and by a reference by number to the instrument
authorizing or creating the same CASE DOCTRINES FOR VOLUNTARY DEALINGS
A similar instrument shall be made upon the original instrument
creating or declaring the trust or other equitable interest with a MARASIGAN V. IAC
reference by number to the certificate of title to which it relates 152 SCRA 253
and to the volume and page in the registration book in which it is Act of registration of a transaction creates a constructive notice to
registered the whole world
No instrument which transfers, mortgages, or in any way deals In all subsequent transfers or sales, the RD is duty bound to carry
with registered land in trust shall be registered, unless the over the notice of lis pendens on all titles to be issued, otherwise
enabling power thereto is expressly conferred in the trust if he cancels any notice of lis pendens in violation of his duty, he
instrument or unless a final judgment or order of court of may be held civilly and criminally liable to third persons
competent jurisdiction has construed the instrument in favor of A notice of lis pendens means that a certain property is involved
the power, in which case a certified copy of such judgment or in the litigation and serves as a notice to the whole world that one
order may be registered buys the same does it at his own risk
Where the registration of the deed of sale over the property was
Section 67. Judicial appointment of new trustee. If a new trustee of definitely subsequent to the annotation, petitioners predecessor-
registered land is appointed by a court of competent jurisdiction, a in-interest was bound by the outcome of the litigation against her
new certificate may be issued to him upon presentation to the vendors or transferors
Register of Deeds of a certified copy of the order or judicial
appointment and the surrender for cancellation of the duplicate ADRIANO V. PANGILINAN
certificate. 373 SCRA 544
While it is true that a person dealing with registered land need not
Section 68. Implied, trusts, how established. Whoever claims an go beyond the certificate of title, it is likewise a well-settled rule
interest in registered land by reason of any implied or constructive that a purchaser or mortgagee cannot close his eyes to facts
trust shall file for registration with the Register of Deeds a sworn which should put a reasonable man on his guard
statement thereof containing a description of the land, the name of
the registered owner and a reference to the number of the PNB V. CA
certificate of title. Such claim shall not affect the title of a 187 SCRA 735
purchaser for value and in good faith before its registration. A mortgagee had the right to rely on what appeared on the
certificate of title, and in the absence of anything to excite
suspicion, it was under no obligation to look beyond the certificate
IF A NEW TRUSTEE OF REGISTERED LAND IS APPOINTED BY THE and investigate the title of the mortgagor appearing on the face of
COURT, A NEW CERTIFICATE MAY BE ISSUED TO HIM UPON the certificate
PRESENTATION TO THE RD OF A CERTIFIED COPY OF THE ORDER The right or lien of an innocent mortgagee for value upon the land
OR JUDICIAL AGREEMENT AND THE SURRENDER FOR mortgaged must be respected and protected, even if the
CANCELLATION OF THE DUPLICATE CERTIFICATE mortgagor obtained his title through fraud. The remedy of the
persons prejudiced is an action for damages against the persons
REGISTRATION OF CLAIM BASED ON IMPLIED TRUST who caused the fraud, and if the latter be insolvent, an action
For the protection of persons claiming an interest in registered against the Treasurer of the Philippines may be filed for recovery
land by reason of an implied trust, he should file with the RD a for damages from the Assurance fund.
sworn statement

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 51 of 127

SOLIVEL V. FRANSISCO An innocent mortgagee with a superior lien has a reserved right to
170 SCRA 218 a foreclosure of property
The innocent purchaser for value protected by the law is one who
purchases a titled land by virtue of a deed executed by the PENNULAR V. PNB
registered owner thereof, and not by virtue of a forged deed 120 SCRA 171
Where Torrens title were issued as a result of regular land
LLANTO V. ALZONA registration proceedings and were later given as security to a
450 SCRA 288 bank loan, the subsequent declaration of said torrens title as null
One of the essential requisites of the contract of mortgage is that and void, doesnt authorized the cancellation of the mortgages in
the mortgagor should be the absolute owner of the property. An favor of the bank
exception to this rule is the doctrine of a mortgagee in good faith.
A mortgagee has the right to rely on good faith on the certificate AZNAR BROTHERS V. AYING
of title of the mortgagor to the property given as security and in MAY 16, 2005
the absence of any sign that might arouse suspicion, has no If property is acquired through mistake or fraud, the person
obligation to undertake further investigation obtaining it is, by force of law, considered a trustee of an implied
For a mortgagee to be in good faith, jurisprudence requires that trust for the benefit of the person from whom the property comes
they should take necessary precaution expected of a prudent man Implied trusts are those which, without being expressed, are
to ascertain the status and condition of the properties offered as deducible from the nature of the transaction as matters of intent
collateral and to verify the identity of the persons they transact or which are superinduced on the transaction by operation of law
business with as matters of equity, independently of the particular intention of
the parties
GARCIA V. CA Implied trusts may be resulting or constructive
95 SCRA 380 RESULTING TRUSTS CONSTRUCTIVE TRUSTS
A TCT cannot be nullified by the issuance 43 years later of another Based on the equitable doctrine that Created by the construction of
TCT over the same lot to another person due to failure of the RD valuable consideration and not legal equity in order to satisfy the
to cancel the OCT preceding the title previously issued title determines the equitable title demands of justice and prevent
The earlier TCT prevails or interest and is presumed always unjust enrichment
In case of involuntary registration, entry in the day book is to have been contemplated by the
sufficient notice parties They arise contrary to intention
In voluntary registration, the buyer becomes the registered owner against one who, by fraud, duress,
the moment the deed is entered in the day book and he They arise from the nature of or abuse of confidence, obtains or
surrenders the owners duplicate certificate of title and pays the circumstances of the consideration holds the legal right to property
fees involved in a transaction whereby which he ought not, in equity and
one person thereby becomes good conscience to hold
GONZALES V. IAC invested with legal title but is
157 SCRA 187 obligated in equity to hold his legal
Persons dealing with a registered land has a right to rely upon the title in favor of another.
face of the torrens certificate of title and to dispense with the need
of inquiring further, except when the party concerned has actual
LEVISTE V. NOBLEJAS
knowledge of facts and circumstances that would impel a
89 SCRA 520
reasonably cautious man to make such inquiry.
A notice of lis pendens and an adverse claim entered earlier than
Any subsequent lien or encumbrance annotated at the back of
the adverse claim of private respondent need not be carried over
certificate of title cannot prejudice the mortgage previously
registered

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 52 of 127

to a new title to be issued to said respondent WHERE THE PRIOR 10. Basically the procedure of registration for voluntary dealings can
INSCRIPTIONS DONT REFER TO THE SAME LOT be categorized into twoif it is an absolute sale or mortgage. If it
Where an adverse claim was annotated without a showing that the is a sale, the deed of sale and title should be submitted. There
alleged grantor refused to surrended its duplicate certificate of should also be proof of payment of real estate taxes as well as
title for the annotation of said instrument the said inscription is registration fees and documentary stamp taxes. With that, the RD
not valid shall make the corresponding entry that will cancel the old
certificate of title and issue a new one in favor of the buyer. If it
CADIZ NOTES: is merely an encumbrance however, the document shall only be
1. Sale, mortgage, lease, special power of attorney and trusts are presented to the RD, payment of the corresponding amount and
examples of voluntary dealings. They are entered voluntarily by the corresponding annotation done by the RD is notice to third
the parties. Unlike an involuntary dealings, the owner doesnt persons.
want the transaction to be registered. The owner wouldnt want 11. If it is judicial foreclosure, you register the order of the court
his property be subject of an attachment, adverse claim or notice confirming the sale. If it is extrajudicial foreclosure, you register
of lis pendens. the order of the sheriff.
2. Registration is the necessary act for the transaction to bind third 12. For implied trusts, read the case of Aznar Brothers. It has two
parties. kindsresulting trust and constructive trust. If it is an implied
3. Actual knowledge is equivalent to registration. Registration is to resulting trust, prescriptive period is 10 years from time of
give notice. If the person knows about the transaction, it is repudiation.
deemed that the transaction has been registered. 13. It is dependent on the facts and circumstances of the case on
4. Registration should be done in the correct registry. If it is a titled whether who would have a better right, the owner or the
property, there is a separate book for titled property. If it is a mortgagee. But generally, when it is through a forged deed, then
dealing with unregistered property, there is a different book for the owner would have a better right over the property. The
unregistered land. If you register in a different book, there is no forged deed is a nullity. On the other hand, when there is chain of
registration that is valid as against third persons. title, the innocent purchaser in value would have a better right.
5. The constructive notice mentioned in PD1959 is conclusive. 14. Doctrine of mortgagee in good faith. If the property is mortgaged
6. There is a distinction with regard voluntary and involuntary to an innocent mortgagee, it is possible that he would have a
dealings with the effectivity of registration. With involuntary better right over the property than the real owner.
dealings, once there is entry in the day book and paid the needed 15. Even if the title is null and void, there is still validity of the
fees and taxes, the RD issues the new title and cancels the old mortgage. The mortgagee has a right to rely on the title,
one. Once there is compliance, the transaction is considered provided there is nothing that would arise suspicion on the part of
registered. With voluntary dealings, entry in the day book is the mortgagee.
insufficient.
7. Mere entry in the day book/primary book is sufficient. It is often INVOLUNTARY DEALINGS
times that owners dont want to surrender their owners duplicate.
8. Carry-over of encumbrances. Suppose that you purchase
property and there was prior mortgages and notice of lis pendens. Section 69. Attachments. An attachment, or a copy of any writ,
These encumbrances will be carried over to the new certificate order or process issued by a court of record, intended to create or
preserve any lien, status, right, or attachment upon registered
issued to the buyer.
9. Can you sell only a portion of your property? You can have it land, shall be filed and registered in the Registry of Deeds for the
province or city in which the land lies, and, in addition to the
annotated. But if the buyer would like a separate title, then he
should submit a subdivision plan, there should be a technical particulars required in such papers for registration, shall contain a
reference to the number of the certificate of title to be affected and
description. The old title would be cancelled and a new title
issued covering the portion sold. the registered owner or owners thereof, and also if the attachment,
order, process or lien is not claimed on all the land in any

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 53 of 127

certificate of title a description sufficiently accurate for 2. In an action against a party who has been guilty of fraud in
identification of the land or interest intended to be affected. A contracting the debt or incurring an obligation upon which the
restraining order, injunction or mandamus issued by the court shall action is brought, or in the performance thereof
be entered and registered on the certificate of title affected, free of 3. In an action against a party who has removed or disposed of his
charge. property, or is about to do so, with intent to defraud his creditors
A PRELIMINARY ATTACHMENT may be validly applied for and granted ex
NATURE OF ATTACHMENT parte before a defendant is summoned since the phrase at the
Legal process of seizing anothers property in accordance with a commencement of action refers to the date of the filing of the complaint
writ or judicial order for the purpose of securing satisfaction of a and before the summons is served on the defendant.
judgment yet to be rendered
Writ of attachment is used primarily to seize the debtors property HOW ATTACHMENT EFFECTED
to seize the debtors property in order to secure the debt or claim (Section 7, Rule 57 of the Rules of Court)
of the creditor in the event that a judgment is rendered Sec. 7. Attachment of real and personal property; recording thereof.
Jurisprudence: a party who delivers a notice of attachment to the Real and personal property shall be attached by the sheriff executing the
RD and pays the corresponding fees has a right to presume that writ in the following manner:
the official would perform his duty properly
In involuntary registration, entry thereof in the day book is (a) Real property, or growing crops thereon, or any interest therein,
sufficient notice to all persons of such adverse claim. The notice standing uponthe record of the registry of deed of the province in the name
of course has to be annotated at the back of the corresponding of the party against whom attachment is issued, or not appearing at all
original certificate of title, but this is an official duty of the RD upon such records, or belonging to the party against whom attachment is
which may be presumed to have been regularly performed issued and held by any other person, or standing on the records of the
DBP v. Acting RD: current doctrine thus seems to be that entry registry of deeds in the name of any other person, by filing with the
alone produces the effect of registration, whether the transaction registry of deeds a copy of the order, together with a description of the
entered is a voluntary or involuntary one, so long as the registrant property attached, and a notice that it is attached, or that such real
has complied with all that is required of him for purposes of entry property and any interest therein held by or standing in the name of such
and annotation, and nothing more remains to be done but a duty other person are attached, and by leaving a copy of such order,
incumbent solely on the RD description, and notice with the occupant of the property, if any, or with
Section 69 states that an attachment or any writ, order or process such other person or his agent if found within the province. Where the
intended to create or preserve any lien upon registered land shall property has been brought under the operation of either the Land
be filed and registered in the RD and shall contain a reference to Registration Act or the Property Registration Decree, the notice shall
the number of the certificate of title to be affected, the registered contain a reference to the number of the certificate of title, the volume and
owner thereof and a description of the land or interest therein page in the registration book where the certificate is registered, and the
registered owner or owners thereof.
GROUNDS UPON WHICH ATTACHMENT MAY ISSUE
(Section 1, Rule 57 of the Rules of Court) The registrar of deed must index attachments filed under this section in the
At the commencement of the action or at any time before entry of names of the applicant, the adverse party, or the person by whom the
judgment, a plaintiff or proper party may have the property of the adverse property is held or in whose name it stands in the records. If the
party attached as security for the satisfaction of any judgment that may be attachment is not claimed on the entire area of the land covered by the
recovered in, among others, the following cases: certificate of title, a description sufficiently accurate for the identification of
1. In an action to recover the possession of property unjustly or the land or interest to be affected shall be included in the registration of
fraudulently taken, detained or converted, when the property or such attachment;
any part thereof, has been concealed, removed or disposed of, to
prevent its being found or taken by the applicant or an authorized (b) Personal property capable of manual delivery, by taking and safely
person keeping it in his custody, after issuing the corresponding receipt therefor;

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 54 of 127

A restraining order, injunction, or mandamus issued by the court


(c) Stocks or shares, or an interest in stocks or shares, of any corporation shall be entered or registered on the certificate of title affected,
or company, by leaving with the president or managing agent thereof, a free of charge
copy of the writ, and a notice stating that the stock or interest of the party
against whom the attachment is issued is attached in pursuance of such KNOWLEDGE OF A PRIOR UNREGISTERED INTEREST IS
writ; EQUIVALENT TO REGISTRATION
In case of conflict between a vendee and an attaching creditor, an
(d) Debts and credits, including bank deposits, financial interest, royalties, attaching creditor who registers the order of attachment and the
commissions, and other personal property not capable of manual delivery, sale of property to him as the highest bidder acquires a valid title
by leaving with the person owing such debts, or having in his possession or to the property, as against a vendee who had previously bought
under his control, such credits or other personal property, or with his the same property from the registered owner but who failed to
agent, a copy of the writ, and notice that the debts owing by him to the register his deed of sale
party against whom attachment is issued, and the credits and other Registration is the operative act that binds or affects the land
personal property in his possession, or under his control, belonging to said insofar as third persons are concernednotice to the whole world
party, are attached in pursuance of such writ; But where a party has knowledge of a prior existing interest which
is unregistered at the time he acquired a right to the same land,
(e) The interest of the party whom attachment is issued in property his knowledge of that prior unregistered interest has the effect of
belonging to the estate of the decedent, wether as heir, legatee, or registration as to him. Knowledge of an unregistered sale is
devisee, by serving the executor or administrator or other personal equivalent to registration
representative of the decedent with a copy of the writ and notice that said
interest is attached. A copy of said writ of attachment and of said notice DISCHARGE OF ATTACHMENT
shall also be filed in the office of the clerk of the court in which said estate An attachment may be discharged upon giving a counterclaim or
is being settled and served upon the heir, legatee or devisee concerned. on the ground that the same was improperly or irregularly issued
or enforced, or that the bond is insufficient
If the property sought to be attached is in custodia legis, a copy of the writ By the dissolution of an attachment levied on the defendants
of attachment shall be filed with the proper court or quasi-judicial agency, property, through the filing of the bond, the released property
and notice of the attachment served upon the custodian of such property. becomes free and no longer liable to the results of the proceeding
in which it was attached. Consequently, the act of the defendant,
whose property has been attached, in mortgaging the released
property to a third person, is not a conveyance in fraud of
REGISTRATION OF ATTACHMENT, WRITS, AND RELATED creditors, since the transaction is legal and valid, and since the
PROCESSES presumption of fraud doesnt arise when there is security in favor
An attachment, or copy of writ, order or process issued by the of the creditor
court intended to create or preserve any lien, status, right or
attachment upon registered land shall be filed and registered in
the RD for the province or city where the land lies, and in addition Section 70. Adverse claim. Whoever claims any part or interest in
to the particulars required in such papers for registration, shall registered land adverse to the registered owner, arising
contain a reference to the number of the certificate of title subsequent to the date of the original registration, may, if no other
affected and the registered owner or owners thereof, and also, if provision is made in this Decree for registering the same, make a
the attachment, order, process or lien is not claimed on all the statement in writing setting forth fully his alleged right or interest,
land in any certificate of title, a description sufficiently accurate and how or under whom acquired, a reference to the number of the
for identification of the land or interest intended to be affected certificate of title of the registered owner, the name of the
registered owner, and a description of the land in which the right
or interest is claimed.

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 55 of 127

The statement shall be signed and sworn to, and shall state the subsequent sale of property covered by a certificate of title
adverse claimant's residence, and a place at which all notices may CANNOT PREVAIL OVER AN ADVERSE CLAIM, duly sworn to and
be served upon him. This statement shall be entitled to registration annotated on the certificate of title previous the sale
as an adverse claim on the certificate of title. The adverse claim Section 70 is divided into two partsfirst refers to the petition of
shall be effective for a period of thirty days from the date of the party who claims any part or interest in the registered land,
registration. After the lapse of said period, the annotation of arising subsequent to the date of the original registration, for the
adverse claim may be canceled upon filing of a verified petition registration of his adverse claim, which is a ministerial function of
therefor by the party in interest: Provided, however, that after the RD absent any defect on the face of the instrument. The
cancellation, no second adverse claim based on the same ground second refers to the petition filed in court by a party in interest for
shall be registered by the same claimant. the cancellation of the adverse claim upon showing the same is
invalid.
Before the lapse of thirty days aforesaid, any party in interest may
file a petition in the Court of First Instance where the land is REGISTRATION OF ADVERSE CLAIM
situated for the cancellation of the adverse claim, and the court A lease over a parcel of land for a 10-year period, which could not
shall grant a speedy hearing upon the question of the validity of be registered because the owners duplicate of title wasnt
such adverse claim, and shall render judgment as may be just and surrendered, could be registered as an adverse claim and the
equitable. If the adverse claim is adjudged to be invalid, the owner couldnt be compelled to surrender the owners duplicate of
registration thereof shall be ordered canceled. If, in any case, the the title to that adverse claim could be annotated thereon
court, after notice and hearing, shall find that the adverse claim If the adverse claim turns out to be invalid, the owner could ask
thus registered was frivolous, it may fine the claimant in an for its cancellation and, if found to be frivolous or vexatious, then
amount not less than one thousand pesos nor more than five costs may be adjudged against the adverse claimant.
thousand pesos, in its discretion. Before the lapse of thirty days, The claim of a person that she has hereditary rights in the land
the claimant may withdraw his adverse claim by filing with the fraudulently registered in his sisters name, because the land
Register of Deeds a sworn petition to that effect. belonged to their mother whose estate is pending settlement in a
special proceeding, is registrable as an adverse claim
Where a guardianship proceeding is pending in court, it is proper
ADVERSE CLAIM, PURPOSE to annotate on the title of the land in question the pendency of
Purpose of annotating the adverse claim on the title of the such a proceeding by means of a notice of lis pendens for the
disputed land is to apprise third persons that there is a purpose of alerting anyone who might wish to buy the land that
controversy over the ownership of the land and to preserve and his purchase may be questioned later on. Since an adverse claim
protect the right of the adverse claimant during the pendency of and a notice of lis pendens have the same purpose, there would
the controversy be no need of maintaining the adverse claim. But a notice of levy
Notice to third persons that any transaction regarding the cannot prevail over an existing adverse claim inscribed in the
disputed land is subject to the outcome of the dispute certificate of title
Such is registered by filing a sworn statement with the RD of the The annotation of an adverse claim is a measure designed to
province where the property is located, setting forth the basis of protect the interest of a person over a piece of real property
the claimed right together with other data pertinent thereto. The where the registration of such interest or right isnt otherwise
registration of an adverse claim is expressly recognized under provided for by PD1529, and serves as a notice and warning to
Section 70. Where the notice of adverse claim is sufficient in law third persons dealing with said property that someone is claiming
and drawn up in accordance with existing requirements, it an interest on the same or a better right than the registered
becomes the ministerial duty of the RD to register the instrument owner thereof
without unnecessary delay FOR THE SPECIAL REMEDY OF ADVERSE CLAIM TO BE AVAILED
While the act of registration is the operative act which conveys or OF, IT MUST BE SHOWN THAT THERE IS NO OTHER PROVISION
affects the land insofar as third persons are concerned, the

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 56 of 127

IN THE LAW FOR REGISTRATION OF THE CLAIMANTS ALLEGED The settled doctrine is that the effects of a foreclosure sale
RIGHT IN THE PROPERTY. retroact to the date of registration of the mortgage.
An adverse claim of ownership over a parcel of land registered Hence, if the adverse claim is registered only after the annotation
under the Torrens system based on prescription and adverse of the mortgage at the back of the certificate of title, the adverse
possession cannot be registered as an adverse claimno title to claim could not effect the rights of the mortgagee; and the fact
registered land in derogation of the title of the registered owner that the foreclosure of the mortgage and the consequent public
shall be acquired by prescription or adverse possession. Hence, auction sale have been effected long after the annotation of the
the registration of such adverse claim will serve no useful purpose adverse claim is of no moment, because the foreclosure sale
and cannot validly and legally affect the parcel of land in question. retroacts to the date of registration of the mortgage.

REQUISITES OF AN ADVERSE CLAIM Section 71. Surrender of certificate in involuntary dealings. If an


1. The adverse claimant must state the following in writing attachment or other lien in the nature of involuntary dealing in
a. His alleged right or interest registered land is registered, and the duplicate certificate is not
b. How and under whom such alleged right or interest is presented at the time of registration, the Register of Deeds shall,
acquired within thirty-six hours thereafter, send notice by mail to the
c. The description of the land in which the riht or interest is registered owner, stating that such paper has been registered, and
claimed requesting him to send or produce his duplicate certificate so that a
d. The number of the certificate of title memorandum of the attachment or other lien may be made
2. The statement must be signed and sworn to before a notary public thereon. If the owner neglects or refuses to comply within a
or other officer authorized to administer oath reasonable time, the Register of Deeds shall report the matter to
3. The claimant should state his residence or the place to which all the court, and it shall, after notice, enter an order to the owner, to
notices may be served upon him produce his certificate at a time and place named therein, and may
enforce the order by suitable process.
REGISTRATION COURT MAY DETERMINE THE VALIDITY OF
ADVERSE CLAIM
An adverse claim may be cancelled only after the claim is COURT MAY COMPEL SURRENDER OF CERTIFICATE OF TITLE AS AN
adjudged invalid and unmeritorious by the court while passing INCIDENT IN THE MAIN CASE
upon a case where the land involved is subject of the interest or RD is authorized to require the registered owner to produce the
right being secured by the adverse claim. owners duplicate certificate in order that an attachment or other
lien in the nature of involuntary dealing, may be annotated
ADVERSE CLAIM NOT IPSO JURE CANCELLED AFTER 30 DAYS; thereon
HEARING NECESSARY. If the owner refuses or neglects to comply within reasonable time,
Sajonas v. CA he shall report such fact to the proper RTC which shall, after
RD cannot unilaterally cancel the adverse claim. There must be a notice, direct the owner to produce his certificate at a time and
court hearing for the purpose. The reason for this is to afford the place specified in its order
adverse claimant an opportunity to be heard, providing a venue
where the propriety of his claimed interest can be established or MORTGAGE LIEN FOLLOWS MORTGAGED PROPERTY
revoked, all for the purpose of determining at least the existence Any lien annotated on the previous certificates of title which
of any encumbrance on the title arising from such adverse claim. subsists should be incorporated in or carried over to the new
transfer certificate of title. This is true even in the case of a real
PURCHASER NOT BOUND BY ANY LIEN NOT ENTERED IN THE estate mortgage because pursuant to Article 2126 of the CC, the
CERTIFICATE OF TITLE mortgage directly and immediately subjects the property whoever
the possessor may be, to the fulfillment of the obligation for
FORECLOSURE SALE RETROACTS TO REGISTRATION OF MORTGAGE whose security it was constituted.

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 57 of 127

It is inseparable from the property mortgaged as it is a right in execution, any officer's return, or any deed, demand, certificate, or
rema lien on the property whoever its owner may be. affidavit, or other instrument made in the course of the
proceedings to enforce such liens and required by law to be
Section 72. Dissolution, etc. of attachments, etc. Attachments and recorded, shall be filed with the Register of Deeds of the province
liens of every description upon registered land shall be continued, or city where the land lies and registered in the registration book,
reduced, discharged and dissolved by any method sufficient in law, and a memorandum made upon the proper certificate of title in
and to give effect to the continuance, reduction, discharge or each case as lien or encumbrance.
dissolution thereof the certificate or other instrument for that
purpose shall be registered with the Register of Deeds. REGISTRATION OF DEEDS RELATING TO EXECUTION AND TAX
DELIQUENCY SALES
Section 73. Registration of orders of court, etc. If an attachment is Whenever registered land is sold on execution, or taken or sold for
continued, reduced, dissolved, or otherwise affected by an order, taxes or for assessment or to enforce a lien of any character, or
decision or judgment of the court where the action or proceedings for any costs and charges incident to such liens, any execution or
in which said attachment was made is pending or by an order of a copy of execution, any officers return, or any deed, demand,
court having jurisdiction thereof, a certificate of the entry of such certificate, or affidavit, or other instrument made in the course of
order, decision or judgment from the clerk of court or the judge by such proceedings to enforce such liens and required by law to be
which such decision, order or judgment has been rendered and recorded, shall be filed with the RD of the province or city where
under the seal of the court, shall be entitled to be registered upon the land lies and registered in the registration book, and a
presentation to the Register of Deeds. memorandum made upon the proper certificate of title in case as
lien or encumbrance
DISSOLUTION OF ATTACHMENTS OR LIENS AND REGISTRATION The following incidents on registered land in the nature of
THEREOF involuntary dealings shall be registered to be effective
Where an attachment or lien is maintained, or discharged or o Continuance, dissolution or discharge of attachments
dissolved by any method provided by law, the certificate or o Orders and decisions of the court
instrument for the purpose shall be registered to give effect o Deed of sale, officers return, order of execution, and
thereof other instruments
If the attachment or lien is maintained, discharged or dissolved by
the order of the court, a certificate of the Clerk of Court as to the TAX DELIQUENCY SALE REQUIRES PERSONAL NOTICE TO
entry of such order shall also be registered TAXPAYER
Notice of sale to the delinquent land owners and to the public in
PURPOSE OF REGISTRATION general is essential and indispensable requirement of law, the
Purpose is to notify third persons who may be affected in their non-fulfillment of which, vitiates the sale
dealings with respect to such property
The RD may properly deny the inscription of an order of Section 75. Application for new certificate upon expiration of
attachment or levy of execution where the title to the property is redemption period. Upon the expiration of the time, if any, allowed
not in the name of the judgment debtor but of another person, by law for redemption after registered land has been sold on
and no evidence has been submitted that he has any interest in execution taken or sold for the enforcement of a lien of any
the property description, except a mortgage lien, the purchaser at such sale or
anyone claiming under him may petition the court for the entry of a
Section 74. Enforcement of liens on registered land. Whenever new certificate of title to him.
registered land is solved on execution, or taken or sold for taxes or
for any assessment or to enforce a lien of any character, or for any
costs and charges incident to such liens, any execution or copy of

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 58 of 127

Before the entry of a new certificate of title, the registered owner The notice of lis pendens is a notice to the whole world that a
may pursue all legal and equitable remedies to impeach or annul particular real property is in litigation. The inscription serves as a
such proceedings. warning that one who acquires interest over litigated property
does so at his own risk, or that he gambles on the result of the
litigation over the property
ENTRY OF NEW CERTIFICATE A purchaser who buys registered land with full notice of the fact
In case registered land which has been sold on execution for the that it is in litigation between the vendor and third party stands in
enforcement of any lien, except a mortgage lien, has not been the shoes of his vendor and his title is subject to the incidents and
redeemed for a period allowed by law, the purchaser at such sale results of the pending litigation
or anyone claiming under him may petition the court for the The filing of lis pendens in effect
issuance of a new certificate of title to him o Keeps the subject matter of litigation within the power of
But before the entry of such new certificate, the registered owner the court until entry of final judgment so as to prevent
may pursue all legal and equitable remedies to impeach or annul the defeat of the latter by successive alienations
the proceedings o Binds the purchaser of the land subject of the litigation to
the judgment or decree that will be promulgated thereon
Section 76. Notice of lis pendens. No action to recover possession whether such purchaser is a bona fide purchaser or not
of real estate, or to quiet title thereto, or to remove clouds upon o Doesnt create a non-existent right or lien
the title thereof, or for partition, or other proceedings of any kind Purpose of this rule is founded on public policy and necessity
in court directly affecting the title to land or the use or occupation
thereof or the buildings thereon, and no judgment, and no EFFECT OF SUCH NOTICE
proceeding to vacate or reverse any judgment, shall have any 1. It keeps the subject matter of the litigation within the power of
effect upon registered land as against persons other than the the court until the entry of final judgment so as to prevent the
parties thereto, unless a memorandum or notice stating the defeat of the latter by successive alienations
institution of such action or proceeding and the court wherein the 2. It binds the purchaser of the land subject of the litigation to the
same is pending, as well as the date of the institution thereof, judgment or decree that will be promulgated thereon whether
together with a reference to the number of the certificate of title, such purchaser is a bona fide purchaser or not
and an adequate description of the land affected and the registered It is not correct to speak of it as part of the doctrine of notice, the
owner thereof, shall have been filed and registered. purchaser pendent elite is affected not by notice but because the
law doesnt allow litigating parties to give to others, pending the
NATURE AND PURPOSE OF LIS PENDENS litigation, rights to the property in dispute so as to prejudice the
Lis pendens literally means a pending suit other party
Doctrine that refers to the jurisdiction, power or control which a
court acquires over a property involved in a suit, pending the NOTICE IS ONLY AN INCIDENT IN THE MAIN CASE; MERITS
continuance of the action, until final judgment THEREOF UNAFFECTED
The purpose of lis pendens A notice of lis pendens is ordinarily recorded without the
o To protect the rights of the party causing the registration intervention of the court where the action is pending
of the lis pendens It is but an incident in an action, an extrajudicial one. It doesnt
o To advise third persons who purchase or contract on the affect the merits thereof.
subject property that they do so at their peril and subject
to the result of the pending litigation NOTICE NEED NOT BE ANNOTATED ON THE OWNERS COPY
May involve actions that deal not only with title or possession of a Annotation at the back of the original copy of the certificate of title
property but also with the use and occupation of a property on file with the RD is sufficient to constitute constructive notice to
The litigation must directly involve a specific property which is purchasers or other persons subsequently dealing with the same
necessarily affected by the judgment property

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 59 of 127

One who deals with property subject of a notice of lis pendens Act of RD in erasing notice of lis pendens is in plain violation of his
cannot invoke the right of a purchaser in good faithneither can duty, constitutes misfeasance in the performance of his duties for
he acquire the rights better than those of his predecessor-in- which he may be held civilly and even criminally liable for any
interest prejudice caused to innocent third persons and cannot affect those
who are protected by the notice inscribed in the original title
NOTICE OF LIS PENDENSWHEN APPROPRIATE
1. Action to recover possession of real property Section 77. Cancellation of lis pendens. Before final judgment, a
2. Action to quiet title thereto notice of lis pendens may be canceled upon order of the court, after
3. Action to remove cloud thereon proper showing that the notice is for the purpose of molesting the
4. Action for partition adverse party, or that it is not necessary to protect the rights of the
5. Any other proceedings of any kind in court directly affecting the party who caused it to be registered. It may also be canceled by
title to the land or the use or occupation thereof or the buildings the Register of Deeds upon verified petition of the party who
thereon caused the registration thereof.

NOTICE NOT PROPER IN THE FOLLOWING At any time after final judgment in favor of the defendant, or other
1. Preliminary attachments disposition of the action such as to terminate finally all rights of the
2. Proceedings for the probates of wills plaintiff in and to the land and/or buildings involved, in any case in
3. Levies on execution which a memorandum or notice of lis pendens has been registered
4. Proceedings for the administration of estate of deceased persons as provided in the preceding section, the notice of lis pendens shall
5. Proceedings in which the only subject is the recovery of a money be deemed canceled upon the registration of a certificate of the
judgment clerk of court in which the action or proceeding was pending
stating the manner of disposal thereof.
CONTENTS OF NOTICE OF LIS PENDENS
1. A statement of the institution of an action or proceedings
2. The court where the same is pending CANCELLATION OF LIS PENDENS
3. The date of its institution Ordinarily a notice which has been filed in a proper case cannot be
4. A reference to the number of certificate of title of the land cancelled while the action is pending and undetermined, except in
5. An adequate description of the land affected and its registered cases expressly provided for by statute
owner It may be cancelled upon order by the court or upon action by the
RD at the instance of the party who caused the registration of the
PRINCIPLE OF PRIMUS TEMPORE, POTIOR JURE; EFFECT OF LIS notice
PENDENS While the trial court has inherent power to cancel a notice of lis
The principle of primus tempore, potior jure gains greater pendens, such power is exercised under express provisions of
significance in the law on double sale of immovable property law
Reliance on the principle of constructive notice operates only such o If the annotation was for the purpose of molesting the
upon the registration of the notice of lis pendens title of the adverse party
More fundamentally, a notice of lis pendens is only a warning to o When the annotation isnt necessary to protect the title of
the prospective purchaser or incumbrancer that the particular the party who caused it to be recorded
property is in litigation and that he should keep his hands off the
same, unless he intends to gamble on the results of the litigation REGISTRATION OF JUDGMENTS; ORDERS;
PARTITIONS
CARRY OVER OF NOTICE ON SUBSEQUENT TITLES
In case of subsequent transfers or sales, the RD is duty bound to
carry over the notice of lis pendens on all titles to be issued

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 60 of 127

Section 78. Judgment for Plaintiff. Whenever in any action to to registration upon presentation of a certificate of entry from the
recover possession or ownership of real estate or any interest clerk of court to the RD who shall enter a memorandum upon the
therein affecting registered land judgment is entered for the certificate of title covering the land subject of the action
plaintiff, such judgment shall be entitled to registration on If only a portion of the land described in the certificate is affe3cted
presentation of a certificate of the entry thereof from the clerk of by the judgment, the certificate of the clerk of court shall contain
court where the action is pending to the Register of Deeds for the a description of the portion involved
province or city where the land lies, who shall enter a Registration is important to apprise third persons of the status of
memorandum upon the certificate of title of the land to which such the land affected by the judgment
judgment relates. If the judgment does not apply to all the land
described in the certificate of title, the certificate of the clerk of the REGISTRATION OF JUDGMENT ADJUDICATING OWNERSHIP
court where the action is pending and the memorandum entered by When in an action for recovery of possession judgment has been
the Register of Deeds shall contain a description of the land rendered in favor of the plaintiff, the judgment shall likewise be
affected by the judgment. registered and the adjudicatee shall be entitled to the issuance of
a new certificate of title upon cancellation of the title of the
Section 79. Judgment adjudicating ownership. When in any action preceding owner
to recover the ownership of real estate or an interest therein
execution has been issued in favor of the plaintiff, the latter shall EXECUTION OF DEED PURSUANT TO A JUDGMENT
be entitled to the entry of a new certificate of title and to the The court, in all cases where it renders judgment affecting
cancellation of the original certificate and owner's duplicate of the registered property or any interest therein, shall direct parties to
former registered owner. If the registered owner neglects or execute the requisite deed or instrument as may be necessary to
refuses within a reasonable time after request of the plaintiff to give effect to the judgment of registration, and when required by
produce his duplicate certificate in order that the same may be the terms of the judgment, direct the registered owner to
canceled, the court shall, on application and after notice, enter an surrender his owners duplicate certificate for cancellation or entry
order to the owner to produce his certificate at the time and place of the appropriate memorandum thereon.
designated, and may enforce the order by suitable process.
Section 81. Judgment of partition. In proceedings for partition of
Section 80. Execution of deed by virtue of judgment. Every court registered land, after the entry of the final judgment of partition, a
rendering judgment in favor of the plaintiff affecting registered copy of such final judgment, certified by the clerk of the court
land shall, upon petition of said plaintiff, order and parties before it rendering the same, shall be filed and registered; thereupon, if the
to execute for registration any deed or instrument necessary to land is set of to the owners in severalty, each owner shall be
give effect to the judgment, and shall require the registered owner entitled to have his certificate entered showing the share set off to
to deliver his duplicate certificate to the plaintiff or to the Register him in severalty, and to receive an owner's duplicate thereof.
of Deeds to be canceled or to have a memorandum annotated upon
it. In case the person required to execute any deed or other If the land is ordered by the court to be sold, the purchaser or his
instrument necessary to give effect to the judgment is absent from assigns shall be entitled to certificate of title entered in his or their
the Philippines, or is a minor, or insane, or for any reason not favor upon presenting a certified copy of the judgment confirming
amenable to the process of the court rendering the judgment, said the sale.
court may appoint a suitable person as trustee to execute such
instrument which, when executed, shall be entitled to registration. In case the land is ordered by the court to be assigned to one of the
parties upon payment to the others of the sum ordered by the
REGISTRATION OF JUDGMENT court, the party to whom the land is thus assigned shall be entitled
A judgment for the plaintiff in an action for the recovery of to have a certificate of title entered in his favor upon presenting a
possession or ownership affecting registered land shall be entitled certified copy of the judgment: Provided, however, that any new
certificate entered in pursuance of partition proceedings, whether

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 61 of 127

by way of set-off or of assignment or of sale, shall contain a of his title and an adequate description of the real estate of which
reference memorandum to the final judgment of partition, and shall partition is demanded and joining as defendants all other persons
be conclusive as to the title to the same extent and against the interested in the property
same persons as such judgment is made conclusive by the laws If the court after trial finds that the plaintiff has a right thereto, it
applicable thereto: and provided, further, that any person holding shall order the partition of the real estate among all the parties in
such certificate of title or a transfer thereof shall have the right to interest.
petition the court at any time to cancel the memorandum relating Thereupon, the parties may, if they are able to agree, make the
to such judgment or order and the court, after notice and hearing, partition among themselves by proper instruments of conveyance,
may grant the petition. Such certificate shall thereafter be and the court shall confirm the partition so agreed by all of the
conclusive in the same manner and to the same extent as other parties, and such partition, together with the orde3r of the court
certificates of title. confirming the same, shall be recorded in the RD of the place in
which the property is situated
PARTITION, GENERALLY. If actual partition is made, the judgment shall state definitely by
Partition is the separation, division, and assignment of a thing metes and bounds and adequate description, the particular portion
held in common among those to whom it may belong of the real assigned to each party, and the effect of the judgment
Every act which is intended to put an end to an indivision among shall be to vest in each party and the severalty the portion of the
co-heirs and legatees or devisees is deemed to be a partition, real estate assigned to him
although it should purport to be a sale, exchange, a compromise
or any other transaction EXTRAJUDICIAL PARTITION
The titles of acquisition or ownership of each property shall be The parties may without having letters of authorization, divide the
delivered to the co-heir to whom said property has been estate among themselves as they see fit by means of a public
adjudicated instrument filed in the office of the RD and should they disagree,
When the title comprises of two or more pieces of land which has they may do so in an ordinary action for partition
been assigned to two or more co-heirs, or when it covers one If there be only one heir, he may adjudicate to himself the entire
piece of land which has been divided between two or more co- estate by means of an affidavit filed with the office of the RD
heirs, the title shall be delivered to the one having the largest Filing of a bond is a condition precedent to the filing of the public
interest, and authentic copies of the title shall be furnished to the instrument
other co-heirs at the expense of the estate. If the interest of each
co-heir should be the same, the oldest shall have the title. ORAL PARTITION
In an action for partition, there should be simultaneous This practice has been found to be not only convenient and
presentment of two issues inexpensive, but even advisable, and is accepted by people and
o There is the issue of whether the plaintiff is indeed a co- we find no good reason for disturbing said good practice
owner of the property sought to be partitioned Now, when valuable properties especially those covered by
o Assuming that the plaintiff successfully hurdles the first certificates of title, perhaps strict compliance with the law may be
issue, there is the secondary issue of how the property is advisable even necessary
to be divided between the plaintiff and the defendants.
STATUTE OF FRAUDS INAPPLICABLE
JUDICIAL PARTITION Partition among heirs or renunciation of an inheritance by any of
An action for partition for real property is a judicial controversy them is not covered by the Statute of Frauds
between persons who being co-owners seek to secure division or
partition among them of the common property, giving to each one EXCEPTION THE GENERAL RULE OF INPRESCRIPTIBILITY OF AN
the part corresponding to him ACTION FOR PARTITION
A person having the right to compel the partition of real estate
may do so by setting forth in his complaint the nature and extent

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 62 of 127

Imprescriptibility cannot be invoked when one of the co-owners of Failure to serve a copy for the motion for execution is not a fatal
a property has possessed the property as exclusive owner and for defect. In fact, there is no necessity for such service.
a period sufficient to acquire it by prescription
PURPOSE OF REGISTRATION
STAGES IN PARTITION Notify and protect the interests of strangers to a given
Determination of whether or not a co-ownership in fact exists and transaction, who may be ignorant thereof, but the non-
a partition is proper, that is, it is not otherwise legally proscribed registration of the deed evidencing such transaction doesnt
and may be made by voluntary agreement of all the parties relieve the parties thereto of their obligations thereunder.
interested in the property As originally conceived, registration is merely a species of notice.
Second stage is when the parties are unable to agree upon the The act of registering a document is never necessary in order to
partition ordered by the court. In that event, the partition shall be give it legal effect as between the parties.
effected for the parties by the court with the assistance of not Requirements for the recording of an instruments are designed to
more than 3 commissioners. The second stage may also deal with prevent frauds and to permit and require the public to act with the
the rendition of the accounting itself and its approval by the Court presumption that recorded instruments exist and are genuine.
after the parties have been accorded the opportunity to be heard
thereon, and the award for the recovery by the parties entitled of Section 82. Registration of prior registered mortgaged or lease on
their just shares in the rents and profits of the real estate in partitioned property. If a certified copy of a final judgment or
question. Such an order is to be sure also final and appealable. decree of partition is presented and it appears that a mortgage or
lease affecting a specific portion or an undivided share of the
PROOF OF PARTITION premises had previously been registered, the Register of Deeds
Partition may be inferred from circumstances sufficiently strong to shall carry over such encumbrance on the certificate of title that
support the presumption may be issued.
Recitals in deeds, possession and occupation of the land,
improvements made thereon for a long series of years, and
acquiescence of 60 years, furnish sufficient evidence that there PARTITION OF LAND SUBJECT OF MORTGAGE
was an actual partition of land either by deed or by proceedings in When a certified copy of the final judgment or decree of partition
the probate court, which has been lost and not recorded. is presented for registration and it appears that a mortgage or
And where a tract of land has long been known and called by the lease affecting a specific portion or an undivided share of the
name of one of the tenants in common, and there is no evidence property had been previously registered, the RD shall carry over
of any subsequent claim of tenancy in common, it may be fairly and annotate such encumbrance on the certificate of title that
inferred that there has been a partition and that such lot was set- may be issued, with a description of the land set-off in severalty
off to him whose name it bears on which such mortgage or lease remains in force

FINALITY OF JUDGMENT; EXECUTION Section 83. Notice of insolvency. Whenever proceeding in


Judgment ordering partition with damages is final and duly bankruptcy or insolvency, or analogous proceedings, are instituted
appeallable, notwithstanding the fact that further proceedings will against a debtor who owns registered land, it shall be the duty of
still have to take place in the trial court. the officer serving the notice of the institution of such proceedings
Execution thereof becomes a matter of right on the part of the on the debtor to file a copy thereof with the office of the Register of
plaintiffs and is a mandatory and ministerial duty on the part of Deeds for the province or city where the land of the debtor lies. The
the court assignee or trustee appointed by the court in such proceedings
Once a judgment becomes final and executory, the prevailing shall be entitled to the entry of a new certificate of the registered
party can have it executed as a matter of right, and the judgment land of the debtor or bankrupt, upon presenting and filing a
debtor need not be given advance notice of the application for certified copy of the assignment in insolvency or order or
execution nor be afforded prior hearings thereon adjudication in bankruptcy with the insolvent's or bankrupt's

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 63 of 127

duplicate certificate of title; but the new certificate shall state that A certified copy of the judgment or order may be registered
it is entered to him as assignee in insolvency or trustee in Where a new certificate has been entered in the name of the
bankruptcy or other proceedings, as the case may be. assignee or trustee, such certificate shall be surrendered for
cancellation and forthwith the debtor shall be entitled to the entry
Section 84. Judgment or order vacating insolvency proceedings. of the new certificate to him
Whenever any of the proceedings of the character named in the
preceding section against a registered owner, of which notice has Section 85. Land taken by eminent domain. Whenever any
been registered, is vacated by judgment, a certified copy of the registered land, or interest therein, is expropriated or taken by
judgment or order may be registered. Where a new certificate has eminent domain, the National Government, province, city,
been entered in the name of the assignee or trustee, such municipality, or any other agency or instrumentality exercising
certificate shall be surrendered for cancellation and forthwith the such right shall file for registration in the proper Registry a
debtor shall be entitled to the entry of a new certificate to him. certified copy of the judgment which shall state definitely, by an
adequate description, the particular property or interest
INSOLVENCY PROCEEDINGS IN REM expropriated, the number of the certificate of title, and the nature
Consequently, a liquidation of similar import or other equivalent of the public use. A memorandum of the right or interest taken
general liquidation must also necessarily be a proceeding in rem shall be made on each certificate of title by the Register of Deeds,
so that all interested persons whether known to the parties or not and where the fee simple title is taken, a new certificate shall be
may be bound by such proceeding issued in favor of the National Government, province, city,
Where the action filed by the private respondent is not one which municipality, or any other agency or instrumentality exercising
can be considered as equivalent general liquidation having the such right for the land so taken. The legal expenses incident to the
same import as an insolvency or settlement of the decedents memorandum of registration or issuances incident to the
estate proceeding, the well-established principle must be applied memorandum of registration or issuance of a new certificate shall
that a purchaser in good faith and for value takes registered land be for the account of the authority taking the land or interest
free from liens and encumbrances other than statutory liens and therein.
those recorded in the certificates of title
EMINENT DOMAIN, GENERALLY
PREFERENCE OF CREDITS NOT LIMITED TO INSOLVENT DEBTORS Ultimate right of the sovereign power to appropriate any property
within its territorial sovereignty for a public purpose
NOTICE OF INSOLVENCY; POWERS OF ASSIGNEE Manifest in the nature of expropriation proceedings
It shall be the duty of the officer serving the notice of the Expropriation proceedings are not adversarial in the conventional
institution of such proceedings to file a copy thereof with the office sense for the condemning authority isnt required to assert any
of the RD for the province and city where the land is situated conflicting interest in the property
The assignee shall be entitled to the entry of a new certificate of Thus, by filing the action, the condemnor in effect merely serves
the registered land of the debtor or bankrupt, upon presenting notice that it is taking title and possession of the property, and
and filing of a certified copy of the assignment in insolvency or the defendant asserts title or interest in the property, not to prove
order or adjudication in bankruptcy, together with the insolvents a right of possession, but to prove a right to compensation for the
or bankrupts certificate of title taking
Among the powers of the assignee is to sue and recover all the
estate, assets, debts, and claims belonging to or due such debtor, EXPROPRIATED PRIVATE LAND BECOMES PROPERTY OF PUBLIC
and to take into his possession all the estate of such debtor except DOMAIN; REGISTRATION
property exempt by law from execution, whether attached or Private lands taken by the government for public use under its
delivered to him or afterwards discovered own power of eminent domain become unquestionably part of the
public domain
JUDGMENT OR ORDER VACATING INSOLVENCY PROCEEDINGS

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 64 of 127

The RD is authorized to issue in the name of the national representatives duly authorized for the purpose, the parties may,
government a new certificate of title covering such expropriated without securing letters of administration, divide the estate among
lands themselves as they see fit by means of a public instrument filed in
Consequently, lands registered under Act 498 and PD1529 are not the office of the RD and should they disagree, they may do so in
exclusively private or patrimonial lands. Lands of the public an ordinary action of partition
domain may also be registered pursuant to existing laws If there is only one heir, he may adjudicate to himself the entire
estate by means of an affidavit filed in the office of the RD
RECORDING OF JUDGMENT The parties to an extrajudicial settlement, whether by public
The judgment entered in expropriation proceedings shall state instrument or by stipulation in a pending action for partition, or
definitely, by an adequate description, the particular property or the sole heir who adjudicates the entire estate to himself by
interest therein expropriated, and the nature of the public use or means of an affidavit shall file, simultaneously with and as a
purpose for which it is expropriated condition precedent to the filing of the public instrument, or
When real estate is expropriated, a certified copy of such stipulation in the action for partition, or of the affidavit in the
judgment shall be recorded in the RD of the place in which the office of the RD, a bond with the said RD, in an amount equivalent
property is situated, and its effect shall be to vest in the plaintiff to the value of the personal property involved as certified to under
the title to the real estate as described for such public use or oath by the parties concerned and conditioned upon the payment
purpose of any just claim that may be filed

Section 86. Extrajudicial settlement of estate. When a deed of Section 87. Filing of letters of administration and will. Before the
extrajudicial settlement has been duly registered, the Register of executor or administrator of the estate of a deceased owner of
Deeds shall annotate on the proper title the two-year lien registered land may deal with the same, he shall file with the office
mentioned in Section 4 of Rule 74 of the Rules of Court. Upon the of the Register of Deeds a certified copy of his letters of
expiration of the two-year period and presentation of a verified administration or if there is a will, a certified copy thereof and the
petition by the registered heirs, devisees or legatees or any other order allowing the same, together with the letters testamentary or
party in interest that no claim or claims of any creditor, heir or of administration with the will annexed, as the case may be, and
other person exist, the Register of Deeds shall cancel the two-year shall produce the duplicate certificate of title, and thereupon the
lien noted on the title without the necessity of a court order. The Register of Deeds shall enter upon the certificate a memorandum
verified petition shall be entered in the Primary Entry Book and a thereof, making reference to the letters and/or will by their file
memorandum thereof made on the title. number, and the date of filing the same.

No deed of extrajudicial settlement or affidavit of adjudication shall Section 88. Dealings by administering subject to court approval.
be registered unless the fact of extrajudicial settlement or After a memorandum of the will, if any, and order allowing the
adjudication is published once a week for three consecutive weeks same, and letters testamentary or letters of administration have
in a newspaper of general circulation in the province and proof been entered upon the certificate of title as hereinabove provided,
thereof is filed with the Register of Deeds. The proof may consist of the executor or administrator may alienate or encumber registered
the certification of the publisher, printer, his foreman or principal land belonging to the estate, or any interest therein, upon approval
clerk, or of the editor, business or advertising manager of the of the court obtained as provided by the Rules of Court.
newspaper concerned, or a copy of each week's issue of the
newspaper wherein the publication appeared. LETTERS OF ADMINISTRATION, WHEN GRANTED TO A PERSON
May be granted to any qualified applicant even though it appears
EXTRAJUDICIAL SETTLEMENT BY AGREEMENT OF THE PARTIES that there are other competent persons having been right to the
If the decedent left no will and no debts and the heirs are all of administration where such persons fail to appear when notified
age, or the minors are represented by their judicial or legal and claim the issuance of letters to themselves

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 65 of 127

distribution a portion or the whole of the registered land to which


APPOINTMENT OF SPECIAL ADMINISTRATOR they might be entitled on final distribution, upon the filing of a
When there is a delay in granting letters testamentary or of certified copy of such order in the office of the Register of Deeds,
administration by any cause including an appeal from the the executor or administratory may cause such transfer to be made
allowance or disallowance of a will, the court may appoint a upon the register in like manner as in case of a sale, and upon the
special administrator to take possession and charge of the estate presentation of the owner's duplicate certificate to the Register of
of the deceased until the questions causing the delay are decided Deeds, the devisees or heirs concerned shall be entitled to the
and executors or administrators appointed issuance of the corresponding certificates of title.

FILING OF LETTERS OF ADMINISTRATION AND WILL Section 92. Registration of final distribution of estate. A certified
Before the executor or administrator of the estate of the deceased copy of the partition and distribution, together with the final
owner of registered land may deal with the same, he shall file with judgment or order of the court approving the same or otherwise
the office of the RD a certified copy of his letters of administration making final distribution, supported by evidence of payment of
and if there is a will, a certified copy thereof and the order estate taw or exemption therefrom, as the case may be, shall be
allowing the same, together with the letters testamentary or of filed with the Register of Deeds, and upon the presentation of the
administration with the will annexed, as the case may be, such owner's duplicate certificate of title, new certificates of title shall
shall produce the duplicate certificate of title, and thereupon the be issued to the parties severally entitled thereto in accordance
RD shall enter upon the certificate a memorandum thereof, with the approved partition and distribution.
making reference to the letters and/or will by their file number,
and the date of filing the same SALES, MORTGAGES, AND OTHER ENCUMBERANCES OF PROPERTY
OF DECEDENT
Section 89. Land devised to executor. When it appears by will, a When it appears that the sale of the whole or a part of the land or
certified copy of which with letters testamentary had already been personal estate, will be beneficial to the heirs, devisees, legatees,
filed as provided in this Decree, that registered land is devised to and other interested persons, the court may, upon application of
the executor to his own use, or upon some trust, the executor may the executor or administrator and on written notice to the heirs or
have the land transferred to himself upon the register in like legatees who are interested in the estate to be sold, authorize the
manner and subject to like terms and conditions and to like rights executor or administrator to sell the whole or part of said estate,
as in the case of a transfer pursuant to a deed filed in the office of although not necessary to pay debts, legacies, or expenses of
the Register of Deeds. administration; but such authority shall not be granted if
inconsistent with the provisions of a will
Section 90. When executor empowered by will to sell, etc. When
the will of a deceased owner of registered lands, or an interest REGISTRATION OF FINAL DISTRIBUTION OF ESTATE
therein, empowers the executor to sell, convey, encumber, charge A certified copy of the partition and distribution, together with the
or otherwise deal with the land, a certified copy of the will and final judgment or order of the court approving the same or
letters testamentary being filed as provided in this Decree, such otherwise making final distribution, supported by evidence of
executor may sell, convey, encumber, charge or otherwise deal payment of estate tax or exemption therefrom, as the case may
with the land pursuant to the power in like manner as if he were be, shall be filed with the RD and upon presentment of the
registered owner, subject to the terms and conditions and owners duplicate certificate of title, new certificates of title shall
limitations expressed in the will. be issued to the parties severally entitled thereto in accordance
with the approved partition and distribution
Section 91. Transfer in anticipation of final distribution. Whenever
the court having jurisdiction of the testate or intestate proceedings ASSURANCE FUND
directs the executor or administrator to take over and transfer to
the devisees or heirs, or any of them, in anticipation of final

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 66 of 127

Section 93. Contribution to Assurance Fund. Upon the entry of a


certificate of title in the name of the registered owner, and also CLAIMS AGAINST THE ASSURANCE FUND
upon the original registration on the certificate of title of a building Section 95 provides a remedy where a person who sustains loss or
or other improvements on the land covered by said certificate, as damage or is deprived of any estate or interest in land in
well as upon the entry of a certificate pursuant to any subsequent consequence of the operations of the Torrens system of
transfer of registered land, there shall be paid to the Register of registration, without negligence on his part, may bring an action
Deeds one-fourth of one per cent of the assessed value of the real for the recovery of damages to be paid out of the Assurance fund
estate on the basis of the last assessment for taxation purposes, as Public policy demands that those unjustly deprived of their rights
contribution to the Assurance Fund. Where the land involved has over real property by reason of the operation of our registration
not yet been assessed for taxation, its value for purposes of this laws be afforded remedies
decree shall be determined by the sworn declaration of two According to the principles of the Torrens system, it is a condition
disinterested persons to the effect that the value fixed by them is sine que non that the person who brings an action for damages
to their knowledge, a fair valuation. against the Assurance fund be the registered owner, and as to
holders of transfer certificates of title that they be innocent
Nothing in this section shall in any way preclude the court from purchasers in good faith and for value
increasing the valuation of the property should it appear during the There must also be a showing of loss or damage or deprivation of
hearing that the value stated is too small. any land or interest thereon by the operation of PD1529
Where plaintiff is solely responsible for the plight in which it finds
Section 94. Custody and investment of fund. All money received by itself, the Director of Lands and the National Treasurer are exempt
the Register of Deeds under the preceding section shall be paid to from any liability
the National Treasurer. He shall keep this money in an Assurance
Fund which may be invested in the manner and form authorized by REQUISITES FOR RECOVERY FROM THE ASSURANCE FUND
law, and shall report annually to the Commissioner of the Budget 1. That a person sustains loss or damage, or is deprived of any
the condition and income thereof. estate or interest in land
2. On account of bringing of land under the operations of the Torrens
The income of the Assurance Fund shall be added to the principal system arising after the original registration
until said fund amounts to five hundred thousand pesos, in which 3. Through fraud, error, omission, mistake, or misdescription in a
event the excess income from investments as well as from the certificate of title or entry or memorandum in the registration
collections of such fund shall be paid into the National Treasury to 4. Without negligence on his part
the account of the Assurance Fund. 5. And is barred or precluded from bringing an action for the
recovery of such land or estate or interest therein
Section 95. Action for compensation from funds. A person who,
without negligence on his part, sustains loss or damage, or is RECORDED MORTGAGE PROTECTED EVEN IF TITLE IS
deprived of land or any estate or interest therein in consequence of SUBSEQUENTLY NULLIFIED
the bringing of the land under the operation of the Torrens system
of arising after original registration of land, through fraud or in Section 96. Against whom action filed. If such action is brought to
consequence of any error, omission, mistake or misdescription in recover for loss or damage or for deprivation of land or of any
any certificate of title or in any entry or memorandum in the estate or interest therein arising wholly through fraud, negligence,
registration book, and who by the provisions of this Decree is omission, mistake or misfeasance of the court personnel, Register
barred or otherwise precluded under the provision of any law from of Deeds, his deputy, or other employees of the Registry in the
bringing an action for the recovery of such land or the estate or performance of their respective duties, the action shall be brought
interest therein, may bring an action in any court of competent against the Register of Deeds of the province or city where the land
jurisdiction for the recovery of damages to be paid out of the is situated and the National Treasurer as defendants. But if such
Assurance Fund. action is brought to recover for loss or damage or for deprivation of

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 67 of 127

land or of any interest therein arising through fraud, negligence, National and the Register of Deeds. If the execution is returned
omission, mistake or misfeasance of person other than court unsatisfied in whole or in part, and the officer returning the same
personnel, the Register of Deeds, his deputy or other employees of certificates that the amount due cannot be collected from the land
the Registry, such action shall be brought against the Register of or personal property of such other defendants, only then shall the
Deeds, the National Treasurer and other person or persons, as co- court, upon proper showing, order the amount of the execution and
defendants. It shall be the duty of the Solicitor General in person or costs, or so much thereof as remains unpaid, to be paid by the
by representative to appear and to defend all such suits with the National treasurer out of the Assurance Fund. In an action under
aid of the fiscal of the province or city where the land lies: this Decree, the plaintiff cannot recover as compensation more
Provided, however, that nothing in this Decree shall be construed than the fair market value of the land at the time he suffered the
to deprive the plaintiff of any right of action which he may have loss, damage, or deprivation thereof.
against any person for such loss or damage or deprivation without
joining the National Treasurer as party defendant. In every action HOW JUDGMENT IS SATISFIED
filed against the Assurance Fund, the court shall consider the Where judgment is rendered against the government, execution
report of the Commissioner of Land Registration. shall first issue against the persons who have been joined as co-
defendants, and if the execution is returned unsatisfied, then the
AGAINST WHOM CLAIM FOR DAMAGES MAY BE FILED damages awarded by the court shall be assessed against the
1. If the action is brought for the recovery of loss or damages or for Assurance fund
deprivation of land or of any estate or interest therein arising But the plaintiff cannot recover as compensation more than the
through fraud, negligence, or omission, mistake or misfeasance of fair market value of the land at the time he suffered the loss,
the court personnel, the RD or other employees of the registry in damage or deprivation thereof
the performance of the duties, the action shall be brought against In every case, where payment has been made by the National
the RD of the province or city where the land lies and the National Treasurer, the government shall be subrogated to the rights of the
Treasurer as defendants plaintiff against any other parties or securities, and any amount
2. If the action is brought for the recovery of loss or damage or for recovered shall be paid to the account of the Assurance Fund
deprivation of land or of any estate or interest therein arising
through fraud, negligence, omission, mistake or misfeasance of Section 98. General Fund when liable. If at any time the Assurance
persons other than the court personnel, the RD or other Fund is not sufficient to satisfy such judgment, the National
employees of the Registry, the action shall be brought against the Treasurer shall make up for the deficiency from any funds available
RD, the National Treasurer and such other persons, as co- in the treasury not otherwise appropriated.
defendants
The plaintiff must clearly allege the basis of the action and specify Section 99. Subrogation of government to plaintiff's rights. In
the details which led to his loss, damage or deprivation, as well as every case where payment has been made by the National
the market value of the property subject of the action Treasurer in accordance with the provisions of this Decree, the
It shall be the duty of the Solicitor General to represent the Government of the Republic of the Philippines shall be subrogated
government to the rights of the plaintiff against any other parties or securities.
The court shall consider the report of the LRA administrator on the The National Treasurer shall enforce said rights and the amount
matter recovered shall be paid to the account of the Assurance Fund.

Section 97. Judgment, how satisfied. If there are defendants other Section 100. Register of Deeds as party in interest. When it appears
than the National Treasurer and the Register of Deeds and that the Assurance Fund may be liable for damages that may be
judgment is entered for the plaintiff and against the National incurred due to the unlawful or erroneous issuance of a certificate
Treasury, the Register of Deeds and any of the other defendants, of title, the Register of Deeds concerned shall be deemed a proper
execution shall first issue against such defendants other than the party in interest who shall, upon authority of the Commissioner of

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 68 of 127

Land Registration, file the necessary action in court to annul or The plaintiff has a period of 6 years from the time the right of
amend the title. action accrues within which to bring an action against the
Assurance Fund
The court may order the Register of Deeds to amend or cancel a
certificate of title or to do any other act as may be just and CADIZ NOTES:
equitable. 1. In case of procedure sales, the procedure to get a title is to file a
petition in the same court. This is different from mortgage lien,
AMENDMENT OR CANCELLATION OF TITLE wherein there is no need to file a petition in the court.
In the event the Assurance fund is held liable on account of the 2. Current doctrine, mere entry in the day book is sufficient provided
unlawful or erroneous issuance of a certificate of title, the RD that there is compliance to all requirements. This is the case
upon the authority of the LRA administrator, shall file the whether it is voluntary or involuntary dealings.
necessary action to amend or cancel the title or perform any other 3. You can file a motion in the main case for the production of a new
act as may be directed by the Court certificate to avoid multiplicity of suits.
Such action may pre-empt any action against the Assurance fund 4. A motion may not be a basis for a notice of lis pendens. In this
case, what should be done is an action for reconveyance.
5. Your claim against the AF would not prosper if there is negligent.
Section 101. Losses not recoverable. The Assurance Fund shall not 6. Your claim against the AF if there is no deprivation of property or
be liable for any loss, damage or deprivation caused or occasioned part thereof.
by a breach of trust, whether express, implied or constructive or by 7. A court may not be divested of jurisdiction in a land registration
any mistake in the resurveyed or subdivision of registered land case by the issuance of a patent.
resulting in the expansion of area in the certificate of title. 8. A land may not be registered if it is not alienable and disposable.
The mere notation of a surveyor is insufficient.
LOSS OR DAMAGE ARISING FROM BREACH OF TRUST OR 9. You have to comply with all requirements to be able to register
EXPANSION OF AREA NOT RECOVERABLE land.
10. The registration of a patent is not merely directory. It is
Section 102. Limitation of Action. Any action for compensation MANDATORY.
against the Assurance Fund by reason of any loss, damage or
deprivation of land or any interest therein shall be instituted within REGISTRATION OF PATENTS
a period of six years from the time the right to bring such action
first occurred: Provided, That the right of action herein provided Section 103. Certificates of title pursuant to patents. Whenever
shall survive to the legal representative of the person sustaining public land is by the Government alienated, granted or conveyed to
loss or damage, unless barred in his lifetime; and Provided, further, any person, the same shall be brought forthwith under the
That if at the time such right of action first accrued the person operation of this Decree. It shall be the DUTY OF THE OFFICIAL
entitled to bring such action was a minor or insane or imprisoned, ISSUING THE INSTRUMENT OF ALIENATION, GRANT, PATENT OR
or otherwise under legal disability, such person or anyone claiming CONVEYANCE IN BEHALF OF THE GOVERNMENT TO CAUSE SUCH
from, by or under him may bring the proper action at any time INSTRUMENT TO BE FILED WITH THE REGISTER OF DEEDS OF THE
within two years after such disability has been removed, PROVINCE OR CITY WHERE THE LAND LIES, and to be there
notwithstanding the expiration of the original period of six years registered like other deeds and conveyance, whereupon a
first above provided. certificate of title shall be entered as in other cases of registered
land, and an owner's duplicate issued to the grantee. The deed,
PRESCRIPTIVE PERIOD grant, patent or instrument of conveyance from the Government to
the grantee shall not take effect as a conveyance or bind the land
but shall operate only as a contract between the Government and

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 69 of 127

the grantee and as evidence of authority to the Register of Deeds IMPERIUM AND DOMINUUM
to make registration. It is the act of registration that shall be the Imperium pertains to the government authority possessed by the
operative act to affect and convey the land, and in all cases under State, which is appropriately embraced in the concept of
this Decree, registration shall be made in the office of the Register sovereignty
of Deeds of the province or city where the land lies. The fees for Dominuum pertains to the capacity to own and acquire property
registration shall be paid by the grantee. After due registration and Dominuum is the foundation of the theory of Regalian doctrine
issuance of the certificate of title, such land shall be deemed to be
registered land to all intents and purposes under this Decree. RESERVATION OF LANDS OF THE PUBLIC DOMAIN FOR SPECIFIC
PUBLIC PURPOSES ARE A VALID ASSERTION OF REGALIAN RIGHT
SCOPE OF SECTION 103
The instruments mentioned in this section whereby public lands PUBLIC LAND ACT OR CA 141; HISTORICAL BACKGROUND
are alienated, granted or conveyed are instruments transferring Governed the disposition of lands of the public domain
ownership and not just mere documents of lease or transferring Prescribed rules and regulation of the homesteading, selling and
mere possession leasing of portions of the public domain, and prescribed the terms
Provision directs the issuance to the grantee of an owners and conditions to enable persons to perfect their titles to public
duplicate certificate lands in the Philippines
After due registration and issuance of the certificate of title, the Also provided for the issuance of patents to certain native settlers
land shall be deemed registered land for all intents and purposes upon public lands for the establishment of town sites and sale of
under the Property Registration Decree lots therein, for the completion of imperfect titles and for the
Public land patents when duly registered are veritable Torrens title cancellation or confirmation of Spanish concessions and grants in
subject to no encumberances except those stated therein, and the islands
those specified by the statute. The second Public Land Act was more comprehensive in scope but
They become private property which can no longer be the subject limited the exploitation of agricultural lands
of subsequent disposition by the Director of Lands
Where disposable public land is granted by the government by DIFFERENCE BETWEEN PD 1529 AND PUBLIC LAND ACT
virtue of a public land patent, the patent is recorded and the PROPERTY REGISTRATION DECREE PUBLIC LAND ACT
corresponding certificate of title is issued to the grantee, PD 1529 CA 141
thereafter, the land is automatically brought within the operation There exists a title which is to be The presumption always is that the
of PD1529, entitled to all the safeguards of a veritable Torrens confirmed by the court land applied for pertains to the
title. Upon the expiration of 1 year from its issuance, the State, and that the occupants and
certificate of title shall become irrevocable and indefeasible like a possessors claim an interest only in
certificate issued in a registration proceeding the same by virtue of their
A certificate of title issued pursuant to a patent has the force and imperfect tile or continuous, open,
effect of a torrens title issued through judicial registration and notorious possession
proceedings The court may dismiss the The court has jurisdiction or proper
But a land registration court which has validly acquired jurisdiction application of the applicant with or to adjudicate land in favor of any of
over a parcel of land for registration of title cannot be divested of without prejudice to the right to file the conflicting claimants
said jurisdiction by a subsequent administrative act consisting in a new application for the
the issuance by the Director of Lands of a homestead patent registration of the same land
covering the same parcel of land Only risk that an applicant runs is to The applicant runs the risk of losing
have his application denied the land applied for
REGALIAN DOCTRINEALL LANDS AND OTHER NATURAL Vests in the Director of Lands and
RESOURCES ARE OWNED BY THE STATE Secretary of DENR the authority to

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 70 of 127

dispose and manage public lands HOMESTEAD PATENT


Chapter 4 of the Public Land Act governs the disposition of
alienable public lands through homestead
SPECIFIC FUNCTIONS OF THE DENR SECRETARYSECTION 5
Any citizen of the Philippines over the age of 18 years, or the head
CHAPTER 1 OF 1987 REVISED ADMIN CODE
of a family, may enter a homestead of not exceeding 12 hectares
of agricultural land of the public domain
SPECIFIC FUNCTIONS OF THE LMB DIRECTOR AND OTHER
The applicant must have cultivated and improved at least 1/5 of
OFFICERSEO 192
the land continuously since the approval of the application and
resided for at least 1 year in the municipality in which the land is
NO PUBLIC LAND CAN BE ACQUIRED EXCEPT BY A GRANT FROM
located, or in a municipality in which the land is located, or in a
THE STATE
municipality adjacent to the same, and then, upon payment of the
No public land can be acquired by private persons without any
required fee, he shall be entitled to a patent
grant, express or implied, from the government
It is indispensable that there be a showing of a title from the State
EFFECT OF COMPLIANCE WITH LEGAL REQUIREMENTS
The law requires at least 30 years of open, continuous, exclusive,
When a homesteader has complied with all the terms and
and notorious possession and occupation of agricultural lands of
conditions which entitle him to a patent for a particular tract of
the public domain, under a bona fide claim of acquisition,
public land, he acquires a vested interest therein, and is to be
immediately preceding the filing of the application for free patent
regarded as the equitable owner thereof
The execution and delivery of the patent, after the right to a
CLASSIFICATION OF LANDS UNDER THE PUBLIC LAND ACT
particular piece of land has become complete, are the mere
SECTION 6 OF CA 141
ministerial acts of the officer charged with that duty
Even without the patent, a perfected homestead is a property
ONLY ALIENABLE AND DISPOSABLE LANDS MAY BE THE SUBJECT
right in the fullest sense, unaffected by the fact that the
OF DISPOSITION
paramount title to the land is still in the government
A and D: State properties available for private ownership subject
to exceptions with regard appropriation provided for in the
Constitution CHAPTER IV.
HOMESTEADS
CLASSIFICATION OF PUBLIC LANDS OPEN TO DISPOSITION
Classification is an executive function Section 12. Any citizen of the Philippine Islands or of the United
Lands of the public domain which are alienable or open to States, over the age of eighteen years, or the head of a family, who
disposition may be further classified as agricultural, residential, does not own more than twenty-four hectares of land in said
commercial, or industrial, or for similar productive purposes, Islands or has not had the benefit of any gratuitous allotment of
educational, charitable, or other similar purpose, and reservations more than twenty-four hectares of land since the occupation of the
for townsites and for public and quasi-public uses Philippine Islands by the United States, may enter a homestead or
not exceeding twenty-four hectares of agricultural land of the
MODES OF DISPOSITION public domain.
1. For homestead settlement
2. By sale Section 13. Upon the filing of an application for a homestead, the Director
3. By lease of Lands, if he finds that the application should be approved, shall do so
4. By confirmation of imperfect or incomplete title and authorize the applicant to take possession of the land upon the
a. By judicial legalization payment of five pesos, Philippine currency, as entry fee. Within six months
b. By administrative legalization or free patent from and after the date of the approval of the application, the applicant
shall begin to work the homestead otherwise he shall lose his prior right to
the land. (As amended by section 1 of Act No. 3517.)

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 71 of 127

place at which, and the name of the officer before whom, such proof will be
Section 14. No certificate shall be given or patent issued for the land made.
applied for until at least one-fourth of the land has been improved
and cultivated. The period within which the land shall be cultivated Section 18. In case the homesteader shall suffer from mental alienation, or
shall not be less than one nor more than five years, from and after shall for any other reason be incapacitated for exercising his rights
the date of the approval of the application. The applicant shall, within personally, the person legally representing him may offer and submit the
the said period, notify the Director of Lands as soon as he is ready to final proof on behalf of such incapacitated person.
acquire the title. If at the date of such notice or at any time within the two
years next following the expiration of said period, the applicant shall prove Section 19. Not more than one homestead shall be allowed to any
to the satisfaction of the Director of lands by affidavits of two credible person; but if a homesteader has made final proof as provided in this
witnesses, that he has resided in the municipality in which the land chapter and is occupying and cultivating at least one-fourth of the
is located, or in a municipality adjacent to the same, and has land applied for and the area thereof is less than twenty-four
cultivated at least one-fourth of the land continuously since the hectares, he may apply successively for additional homesteads
approval of the application, and shall make affidavit that no part of which must lie in the same municipality or municipal district or in
said land has been alienated or encumbered, and that he has an adjacent municipality or municipal district, until the total area of
complied with all the requirements of this Act, then, upon the said homesteads shall reach twenty-four hectares, but not more,
payment of five pesos, he shall be entitled to a patent. (As amended with the understanding that he shall with regard to the new tracts or
by section 2 of Act No. 3517). additional homesteads comply with the same conditions as prescribed by
this Act for an original homestead entry. (As amended by Sec. 1 of Act No,
Section 15. At the option of the applicant, payment of the fees required 3219 and Sec. 3 of Act No. 3517).
in this chapter may be made in annual installments. These payments
may be made to the municipal treasurer of the locality, who, in turn, shall Section 20. The cancellation of a homestead entry not due to any fault of
forward them to the provincial treasurer. In case of the delinquency of the the applicant shall not be a bar to his applying for another homestead.
applicant, the Director of Lands may, sixty days after such delinquency has
occurred, either cancel the application or grant an extension of time not to Section 21. If at any time after the approval of the application and before
exceed one hundred and twenty days for the payment of the sum due. the patent is issued, the applicant shall prove to the satisfaction of the
Director of lands that he has complied with all the requirements of the law,
Section 16. If at any time before the expiration of the period allowed by but can not continue with his homestead, through no fault of his own, and
law for the making of final proof, it shall be proved to the satisfaction of there is a bona fide purchaser for the rights and improvements of the
the Director of Lands, after due notice to the homesteader, that the land applicant on the land, and that the conveyance is not made for purposes of
entered is not under the law subject to homestead entry, or that the speculation, then the applicant, with the previous approval of the Secretary
homesteader has actually changed his residence, or voluntarily abandoned of Agriculture and Natural Resources, may transfer his rights to the land
the land for more than six months at any time during the years of and improvements to any person legally qualified to apply for a.
residence and occupation herein required or has otherwise failed to comply homestead, and immediately after such transfer, the purchaser shall file a
with the requirements of this Act, the Director of Lands may cancel the homestead application to the land so acquired and shall succeed the
entry. original homesteader in his rights and obligations beginning with the date
of the approval of said application of the purchaser. Any person who has so
Section 17. Before the final proof shall be submitted by any person transferred his rights may once again apply for a new homestead. Every
claiming to have complied with the provisions of this chapter, due notice, transfer made without the previous approval of the Secretary of Agriculture
as prescribed by the Secretary of Agriculture and Natural Resources shall and Natural Resources shall be null and void and shall result in the
be given to the public of his intention to make such proof, stating therein cancellation of the entry and the refusal of the patent.
the name and address of the homesteader, the description of the land, with
its boundaries and area, the names of the witnesses by whom it is Section 22. Any non-Christian native who has not applied for a homestead,
expected that the necessary facts will be established, and the time and desiring to live upon or occupy land on any of the reservations set aside for

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 72 of 127

the so-called non-Christian tribes may request a permit of occupation for authorized to transact business in the Philippine Islands, and
any tract of land of the public domain reserved for said non-Christian tribes corporate bodies organized in the Philippine Islands authorized
under this Act, the area of which shall not exceed four hectares. It shall be under their charters to do so, may purchase any tract of public
an essential condition that the applicant for the permit cultivate and agricultural land disposable under this Act, not to exceed one hundred
improve the land, and if such cultivation has not been begun within six and forty-four hectares in the case of an individual and one
months from and after the date on which the permit was received, the thousand and twenty-four hectares in that of a corporation or
permit shall be canceled. The permit shall be for a term of one year. If at association, by proceeding as prescribed in this chapter: PROVIDED,
the expiration of this term or at any time therefor, the holder of the permit That partnerships shall be entitled to purchase not to exceed the one
shall apply for a homestead under the provisions of this chapter, including thousand and twenty-four hectares authorized in this section for
the portion for which a permit was granted to him, he shall have the associations and corporations: PROVIDED, further, That citizens of
priority, otherwise the land shall be again open to disposition at the countries the laws of which grant to citizens of the Philippine Islands the
expiration of the permit. same right to acquire public land as to their own citizens, may, while such
laws are in force, but not thereafter, with the express authorization of the
For each the sum of one peso shall be paid. Legislature, purchase any parcel of agricultural land, not in excess of one
(As amended by Sec. 2 of Act 3219 and Sec. 4 of Act 3517). hundred and forty-four hectares available under this Act, upon complying
with the requirements of this chapter. (As amended by sec, 3 of Act No.
SALES PATENT 3219).

PUBLIC AGRICULTURAL LANDS Section 24. No person, corporation, association, or partnership other than
Governed by Chapter 5 of the Public Land Act those mentioned in the last proceeding section may acquire or own
Any citizen of lawful age or the head of the family may purchase agricultural public land or land of any other denomination or classification,
any tract of public agricultural land not to exceed 12 hectares not used for industrial or residence purposes, that is at the time or was
which shall be sold through sealed bidding originally, really or presumptively, of the public domain. or any permanent
The land shall be awarded to the highest bidder, but the applicant improvement thereon, or any real right on such land and improvement:
may equal the highest bid PROVIDED, however, That persons, corporations, associations, or
The purchase price may be paid in full upon the making of the partnerships which, at the date upon which this Act shall take effect, hold
award or in not more than 10 equal annual installments from the agricultural public lands or land of any other denomination not used for
date of the award industrial or residence purposes, that belonged originally, really or
It is required that the purchaser shall have not less than 1/5 of presumptively, to the public domain, or permanent improvements on such
the land cultivated within 5 years from the date of the award, and lands, or a real right upon such lands and improvements, having acquired
before any patent is issued, he must show actual occupancy, the same under the laws and regulations in force at the date of such
cultivation and improvement of at least 1/5 of the land until the acquisition, shall be authorized to continue holding the same as if such
date of final payment persons, corporations, associations, or partnerships were qualified under
the last preceding section; but they shall not encumber, convey, or
alienate the same to persons, associations, corporations, or partnerships
CHAPTER V. not included in section twenty-three of this Act, except by reason or
SALE hereditary succession, duly legalized and acknowledged by competent
courts.
Section 23. Any citizen of lawful age of the Philippine Islands or of
the United States, and any such citizen not of lawful age who is Section 25. Lands sold under the provisions of this chapter must be
head of a family, and any corporation or association of which at appraised in accordance with section one hundred and fourteen of this Act.
least sixty-one per centum of the capital stock or of any interest in The Director of Lands shall announce the sale thereof by publishing the
said capital stock belongs wholly to citizens of the Philippine proper notice once a week for six consecutive weeks in the Official Gazette
Islands or of the United States or of any State thereof and and in two newspapers, one published in Manila and the other published in

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 73 of 127

the municipality or in the province where the land is located, or in a the bid, may be paid in full upon the making of the award, or in not more
neighboring province, and the same notice shall be posted on the bulletin than ten annual installments from the date of the award: PROVIDED, That
board of the Bureau of Lands in Manila, and in the most conspicuous place it shall be an inherent and essential condition of the sale that the purchaser
in the provincial building and the municipal building of the province and the shall have not less than one third of the land broken and cultivated within
municipality where the land is located, and if practicable, on the land itself; five years after the date of the award. (As amended by section 7 of Act No.
but if the value of the land does not exceed two hundred and forty pesos, 3219).
the publication in the Official Gazette and newspapers may be omitted. The
notices shall be published one in English and the other in Spanish or in the Section 29. After at least the second installment has been paid and
local dialect, and shall fix a date not earlier than sixty days after the date after the cultivation of the land has been begun, the purchaser,
of the notice upon which the land will be awarded to the highest bidder, or with the approval of the Secretary of Agriculture and Natural
public bids will be called for, or other action will be taken as provided in Resources, may convey or encumber his rights to any person,
this chapter. (As amended by section 4 of Act No. 3219). corporation, or association legally qualified under this Act to
purchase agricultural public lands, provided such conveyance or
Section 26. All bids must be sealed and addressed to the Director of Lands, encumbrance does not affect any right or interest of the
and must have therewith cash or a certified check or post-office money Government in the land. Any sale and encumbrance made without
order payable to the order of the Director Of Lands, for ten per centum of the previous approval of the Secretary of Agriculture and Natural
the amount of the bid, which amount shall be retained in case the bid is Resources shall be null and void and shall produce the effect of
accepted, as part payment of the purchase price: PROVIDED, That no bid annulling the acquisition and reverting the property and all rights
shall be considered the amount of which is less than the appraised value of thereto to the Government, and all payments on the purchase price
the land. (As amended by section 5 of Act No. 3219). theretofore made to the Government shall be forfeited After the
sale has been approved, the vendor shall not lose his right to
Section 27. Upon the opening of the bids the land shall be awarded to the acquire agricultural public lands under the provisions of this Act,
highest bidder. If there are two or more bids which are higher than other provided he has the necessary qualifications.
bids and are equal, and one of such higher and equal bids is the bid of the
applicant, his bid shall be accepted. If, however, the bid of the applicant is Section 30. Before any patent is issued, the purchaser must show
not one of such equal and higher bids, the Director of Lands shall at once actual occupancy, cultivation, and improvement of at least one-
submit the land for public bidding, and to the-person making the highest fourth of the land applied for until the date on which final payment
bid on such public auction the land shall be awarded. In any case the is made. (As amended by section 5 of Act No. 3517).
applicant, if any shall always have the option of raising his bid to equal that
of the highest bidder, and in this case the land shall be awarded to him. No Section 31. If at any time after the date of the award and before the
bid received at such public auction shall be finally accepted until the bidder issuance of patent, it is proved to the satisfaction of the Director of Lands,
shall have deposited ten per centum of his bid, as required in section after due notice to the purchaser, that the purchaser has voluntarily
twenty-six of this Act. In case none of the tracts of land that are offered for abandoned the land for more than one year at any one time, or has
sale or the purchase of which has been applied for, has an area in excess otherwise failed to comply with the requirements of the law, then the land
of twenty-four hectares, the Director of Lands may delegate to the shall revert to the Government and all prior payments of purchase
Provincial treasurer concerned the power of receiving bids, holding the money shall be forfeited.
auction, and proceeding in accordance with the provisions of this Act, but
the provincial treasurer, in his capacity as delegate of the Secretary of Section 32. No person, corporation, association, or partnership shall be
Agriculture and. Natural Resources shall submit his recommendations to permitted, after the approval of this Act, to acquire the title to or posses as
the Director of Lands for the final decision of the latter in the case. (As owner any lands of the public domain if such lands, added to other land
amended by section 6 of Act No. 3219). belonging to such person, corporation, association, or partnership shall
give a total area greater than the area the acquisition of which by purchase
Section 28. The purchase price shall be paid as follows: The balance of the is authorized under this Act. Any excess in area over this maximum and all
purchase price after deducting the amount paid at the time of submitting right, title, interest, claim, or action held by any person, corporation,

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 74 of 127

association, or partnership resulting directly or indirectly in such excess LANDS FOR RESIDENTIAL, COMMERCIAL, OR INDUSTRIAL
shall revert to the Government. PURPOSE
The disposition of lands which are intended for residential,
This section shall, however, not be construed to prohibit any person, commercial, or industrial purposes is governed by Chapter 9 of
corporation, association, or partnership authorized by this Act to acquire the Public Land Act
lands of the public domain from making loans upon real estate security and Lands under this chapter are classified as:
from purchasing real estate whenever necessary for the recovery of such o Lands reclaimed by the government by dredging, filling
loans; but in this case, as soon as the excess above referred to occurs, or other means
such person, corporation, association, or partnership shall dispose of such o Foreshore
lands within five years, for the purpose of removing the excess mentioned. o Marshy lands or lands covered with water bordering on
Upon the land in excess of the limit there shall be paid, so long as the the shores or banks of navigable lakes or rivers
same is not disposed of, for the first year a surtax of fifty per centum o Lands not included in any of the foregoing classes
additional to the ordinary tax to which property shall be subject, and for The first two shall be disposed of by lease only
each succeeding year fifty per centum shall be added to the last preceding The last two may be sold with the condition that the purchaser
annual tax rate, until the property shall have been disposed of. shall make improvements of a permanent character appropriate
for the purpose for which the land is purchased within 18 months
The person, corporation, association, or partnership owning the land in from the date of the award
excess of the limit established by this Act shall determine the portion of the The lease or sale shall be made through oral bidding, and
land to be segregated. adjudication shall be made to the highest bidder
However, where an applicant has made improvements on the land
At the request of the Secretary of Agriculture and Natural Resources, the by virtue of a permit issued to him by a competent authority, the
Attorney-General, or the officer acting in his stead shall institute the sale or lease shall be made by sealed bidding as prescribed by
necessary proceedings in the proper court for the purpose of determining Section 26 of the Public Land Act
the excess portion to be segregated, as well as the disposal of such portion Section 60 expressly requires congressional authority before lands
in the exclusive interest of the Government. under Section 59 which the government had previously
transferred to government units or entities could be sold to
Section 33. This chapter shall be held to authorize only one purchase of the private parties
maximum amount of land hereunder by the same person, corporation,
association, or partnership; and no corporation, association, or partnership, CHAPTER IX.
any member of which shall have received the benefits of this chapter or of CLASSIFICATION AND CONCESSION OF PUBLIC LANDS SUITABLE
any of the two preceding chapters, either as an individual or as a member FOR COMMERCE AND INDUSTRY
of any other corporation, association, or partnership, shall purchase any
other lands of the public domain under this chapter. Section 55. Any tract of land of the public domain which, being
neither timber nor mineral land, shall be classified as suitable for
But any purchaser of public land, after having made the last payment upon residential purposes or for commercial, industrial, or other
and cultivated at least one-fourth of the land purchased, if the same shall productive purposes or for commercial, industrial, or other
be less than the maximum allowed by this Act may purchase successively productive purposes other than agricultural purposes, and shall be
additional agricultural public land adjacent to or not distant from the land open to disposition or concession, shall be disposed of under the
first purchased, until the total area of such purchases shall reach the provisions of this chapter, and not otherwise.
maximum established in this chapter: PROVIDED, That in making such
additional purchase or purchases, the same conditions shall be complied Section 56. The lands disposable under this title shall be classified as
with as prescribed by this Act for the first purchase. (As amended by sec. 6 follows:
of Act No. 3517).

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 75 of 127

(a) Lands reclaimed by the Government by dredging, filing, or other and said Director shall give notice to the public, by publication in the
means; Official Gazette or by other means, that the lots or blocks not needed for
public purposes shall be leased for commercial or industrial or other similar
(b) Foreshore purposes. (As amended by section 11 of Act 3219).

(c) Marshy lands or lands covered with water bordering upon the Section 60. Whenever it is decided that lands covered by this chapter are
shores or banks of navigable lakes or rivers not needed for public purposes, the Director of Lands shall ask the
Secretary of Agriculture and Natural Resources for authority to
(d) Lands not included in any of the foregoing classes. dispose of the same. Upon receipt of such authority, the Director of
Lands shall give notice by public advertisement in the same manner
Section 57. Any tract of land comprised under this title may be leased, or as in the case of leases or sales of agricultural public land, that the
sold, as the case may be, to any person, corporation, or association Government will lease or sell, as the case may be, the lots or blocks
authorized to purchase or lease public lands for agricultural purposes. The specified in the advertisement, for the purpose stated in the notice
area of the land so leased or sold shall be such as shall, in the judgment of and subject to the conditions specified in this chapter, (As amended
the Secretary of Agriculture and Natural Resources, be reasonably by section 12 of Act 3219 and section 12 of Act 3517).
necessary for the purposes for which such sale or lease is requested, and
shall in no case exceed forty eight hectares: PROVIDED, however, That this Section 61. The leases executed under this chapter by the Secretary of
limitation shall not apply to grants, donations, or transfers made to a Agriculture and Natural Resources shall, among other conditions, contain
province, municipality or branch or subdivision of the Government for the the following:
purposes deemed by said entities conducive to the public interest; but the
land so granted, donated, or transferred to a province, municipality, or (a) The rental shall not be less than three per centum of the appraised and
branch or subdivision of the Government shall not be alienated, reappraised value of the lands and one per centum of the appraised or
encumbered, or otherwise disposed of in a manner affecting its title, reappraised value of the improvement
except, when authorized by the Legislature: PROVIDED, further, That any
person, corporation, association or partnership disqualified from purchasing (b) The land rented, or the improvements thereon, as the case may be,
public land for agricultural purposes under the provisions of this Act, may shall be reappraised every ten years if the term of the lease is in excess of
purchase or lease land included under this title suitable for industrial or that period.
residence purposes, but the title or lease granted shall only be valid while
such land is used for the purposes referred to. (As amended by section 10 (c) The term of the lease shall be as prescribed by section thirty-seven of
of Act No. 3219). this Act.

Section 58. The lands comprised in classes (a), (b), and (c) of (d) The lessee shall construct permanent improvements appropriate for the
section fifty-six shall be disposed of to private parties by lease only purpose for which the lease is granted, shall commence the construction
and not otherwise, as soon as the Governor-General, upon thereof within six months from the date of the award of the contract of
recommendation by the Secretary of Agriculture and Natural lease, and shall complete the said construction within eighteen months
Resources, shall declare that the same are not necessary for the from the date of the execution of the contract.
public service and are open to disposition under this chapter. The
lands included in class (d) may be disposed of by sale or lease (e) At the expiration of the lease or of any extension of the same, all
under the provisions of this Act. improvements made by the lessee, his heirs, executors, administrators,
successors, or assigns shall become the property of the Government.
Section 59. The lands reclaimed by the Government by dredging, filling, or
otherwise shall be surveyed and may with the approval of the Secretary of (f) The regulation of all rates and fees charged to the public; and the
Agriculture and Natural Resources, be divided by the Director of Lands into annual submission to the Government for approval of all tariffs of such
lots and blocks, with the necessary streets and alleyways between them, rates and fees.

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 76 of 127

shall be made by sealed bidding as prescribed in section twenty-


(g) The continuance of the easements of the coast place and other seven of this Act, the provisions of which shall be applied wherever
easements reserved by existing law or by any laws hereafter enacted by applicable. If all or part of the lots remain unleased or unsold, the
the Legislature. Director of Lands shall from time to time announce in the official
Gazette or otherwise the lease or sale of those lots, if necessary.
(h) Subjection to all easements and other rights acquired by the owners of (As amended by section 15 of .Act No. 3517).
lands bordering upon the foreshore or marshy land.
Section 65. The Secretary of Agriculture and Natural Resources may grant
The violation of one or any of the conditions specified in the contract shall temporary permission, upon payment of a reasonable charge, for the use
give rise to the rescission of said contract. The Secretary of Agriculture and of any portion of the lands covered by this chapter for any lawful private
Natural Resources may, however, subject to such conditions as he may purpose, subject to revocation at any time when, in his judgment, the
prescribe, waive the rescission arising from a violation of the conditions of public interest shall require it. (As amended by section 16 of Act No. 3517).
subsection (d), or extend the time without which the construction of the
improvements shall be commenced and completed. (As amended by LANDS FOR RESIDENTIAL PURPOSESDIRECT SALE
section 13 of Act 3517). RA 730 allows the direct sale of public lands for residential
purposes to qualified applicants under certain conditions
Section 62. The sale of the lands comprised in class (d) of section To be qualified, the applicant must be
fifty-six shall, among others, comprise the following conditions: o Be a Filipino citizen of legal age
o Must not be the owner of a home lot in the municipality
(a) The purchaser shall make improvements of a permanent or city in which he resides
character appropriate for the purpose for which the land is o Have established in good faith his residence on a parcel
purchased, shall commence work thereon within six months from of public land which is not needed for public service
the receipt of the approval of the purchase, and shall complete the o Have constructed his house and actually resided therein
construction of said improvements within eighteen months from If the applicant complies with the above, he is given preference to
the date of such approval or award; otherwise the Secretary of purchase at a private sale not more than 1000 sq.m. of land at a
Agriculture and Natural Resources may rescind the contract. price to be fixed by the Director of Lands
RA 730 merely provides an exception to Sections 61 and 67 of CA
(b) The purchase price shall be paid cash down or in annual 141
installments, not to exceed ten.
LANDS WITHIN MILITARY RESERVATIONS
The contract of sale may contain other conditions not inconsistent Pursuant to RA 274, lands within military reservations when
with the provisions of this Act. (As amended by section 13 of Act 3219 declared by the President as no longer needed for military
and section 14 of Act 3517). purposes may be subdivided by the Director of Lands and
thereafter sold to persons qualified to acquire agricultural public
Section 63. The kind of improvements to be made by the lessee or the lands under the Public Land Act, with priority given to bona fide
purchaser, and the plans thereof, shall be approved by the Secretary of occupants and then to war veterans
Commerce and Communications, in case they are constructions or The area shall be determined by the Director of Lands according
improvements which, if made by the Government, would properly have to to the nature of the land, the number of prospective applicants,
be executed under the supervision of the Bureau of Public Works. and the purposes for which it will be utilized

Section 64. The lease or sale shall be made through oral bidding; LANDS FOR EDUCATIONAL, CHARITABLE, AND OTHER SIMILAR
and adjudication shall be made to the highest bidder. However, PURPOSES
where an applicant has made improvements on the land by virtue Under Chapter 10 of the Public Land Act, lands for said purposes
of a permit issued to him by competent authority, the sale or lease may be sold or leased, under the same conditions as the sale or

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 77 of 127

lease of agricultural public lands, for the purpose of founding a land, without prejudice to the prior right of the occupant and cultivator to
cemetery, church, college, school, university, or other institutions acquire such land under this Act by means other than free patent. The time
for educational, charitable, or philathropical purposes or scientific to be fixed in the entire Archipelago for the filing of applications under this
research, the area to be such as may actually and reasonably be chapter shall not extend beyond December thirty-first, nineteen hundred
necessary to carry out such purposes and thirty-eight. The period fixed for any district, province, or municipality
The Secretary of DENR may order the sale to be made without shall begin to run thirty days after the publication of the proclamation in
public auction, at a price fixed by him the Official Gazette. A certified copy of said proclamation shall be furnished
to the Director of Lands and to the provincial and municipal board or
FREE PATENT council affected, and copies thereof shall be posted on the bulletin board of
Any natural born citizen of the Philippines who is the owner of the Bureau of Lands at Manila and at conspicuous places in the provincial
more than 12 hectares and who, for at least 30 years prior to the building and the municipal building. It shall moreover, be announced by
effectivity of this amendatory Act, has continuously occupied and crier in each of the barrios of the municipality. (As amended by section 1 of
cultivated, either by himself or through his predecessors-in- Act No. 3346).
interest a tract or tracts of agricultural public lands subject to
disposition, who shall have paid the real estate tax thereon while Section 43. If, after the filing of the application and the
the same hasnt been occupied by any person shall be entitled, investigation, the Director of Lands shall be satisfied of the truth of
under the provisions of this Chapter, to have a free patent issued the allegations contained in the application and that the applicant
to him for such tract or tracts of such land not to exceed 12 comes within the provisions of this chapter, he shall cause a patent
hectares to issue to the applicant or his legal successor for the tract so
PD 1073apply only to A and D lands of the public domain which occupied and cultivated, provided its area does not exceed twenty-
have been in open, continuous, exclusive, and notorious four hectares: PROVIDED, That no application shall be finally acted
possession and occupation by the applicant himself or thru his upon until notice thereof has been published in the municipality
predecessors-in-interest, under a bona fide claim of ownership and barrio in which the land is located and adverse claimants have
had in opportunity to present their claim.
CHAPTER VII.
FREE PATENTS CHAPTER VIII.
JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLES
Section 41. Any native of the Philippine Islands who is not the
owner of more than twenty-four hectares, and who since July fourth, Section 44. The persons specified in the next following section are hereby
nineteen hundred and seven, or prior thereto, has continuously occupied granted time, not to extend beyond December thirty-first, nineteen
and cultivated, either by himself or through his predecessors in interest, a hundred and thirty-eight, within which to take advantage of the benefits of
tract or tracts of agricultural public lands subject to disposition, shall be this chapter: PROVIDED, That the several periods of time designated by
entitled, under the provisions of this chapter, to have a free patent issued the Governor-General in accordance with section forty-two of this Act shall
to him for a tract or tracts of such land not to exceed twenty-four hectares. apply also to the lands comprised in the provisions of this chapter; but this
(As amended by section 1 of Act No. 3164.) section shall not be construed in the sense of prohibiting any of said
persons from acting under this chapter at any time prior to the period fixed
Section 42. The Governor-General, upon recommendation of the Secretary by the Governor-General. (As amended by section 2 of Act 3346).
of Agriculture and Natural Resources shall from time to time fix by
proclamation the period within which applications for free patents may be Section 45. The following described citizens of the Philippine Islands
filed in the district, province, municipality, or region specified in such and the United States, occupying lands of the public domain or
proclamation, and upon the expiration of the period so designated, unless claiming to own any such lands or an interest therein, but whose
the same be extended by the Governor-General, all the land comprised titles have not been perfected or completed, may apply to the Court
within such district, province, municipality, or region subject thereto under of First Instance of the province where the land is located for
the provisions of this chapter may be disposed of as agricultural public

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 78 of 127

confirmation of their claims and the issuance of a certificate of title for purchase, composition or other form of grant, the extent of the
therefor, under the Land Registration Act, to wit: compliance with the conditions required by the Spanish laws and
royal decrees for the acquisition of legal title, and if not fully
(a) Those who prior to the transfer of sovereignty from Spain to complied with the reason for such non-compliance, together with a
the United States have applied for the purchase, composition or statement of the length of time such land or any portion thereof
other form of grant of lands of the public domain under the laws has been actually occupied by the claimant or his predecessors in
and royal decrees then in force and have instituted had prosecuted interest; the use made of the land, and the nature of the inclosure,
the proceedings in connection therewith, but have, with or without if any.
default upon their part, or for any other cause, not received title
therefor, if such applicants or grantees and their heirs have The fees provided to be paid for the registration of lands under the Land
complied and cultivated said lands continuously since the filing of Registration Act shall be collected from applicants under this chapter.
their applications.
Section 48. Applications for registration under this chapter shall be heard in
(b) Those who by themselves or through their predecessors in the Court of First Instance in the same manner and shall be subject to the
interest have been in the open, continuous, exclusive, and same procedure as established in the Land Registration Act for other
notorious possession and occupation of agricultural lands of the applications except that a notice of all such applications, together with a
public domain, under a bona fide claim of acquisition of ownership plan of the lands claimed, shall be immediately forwarded to the Director of
except as against the Government, since July twenty-sixth, Lands, who may appear as a party in such cases: PROVIDED, That prior to
eighteen hundred and ninety-four except when prevented by war the publication for hearing, all of the papers in said case shall be
or force majeure. These shall be conclusively presumed to have transmitted by the clerk of the Attorney-General or officer acting in his
performed all the conditions essential to a Government grant and stead, in order that he may, if he deems it advisable for the interests of the
shall be entitled to a certificate of title under the provisions of this Government, investigate all of the alleged in the application or otherwise
chapter. brought to his attention. The Attorney-General shall return such papers to
the clerk as soon as practicable within three months.
Section 46. No person claiming title to lands of the public domain not in
possession of the qualifications specified in the last preceding section may The final decree of the court shall in every case be the basis for the original
apply for the benefits of this chapter. certificate of title in favor of the person entitled to the property under the
procedure prescribed in section forty-one of the Land Registration Act.
Section 47. Any person or persons, or their legal representatives as
successors in right, claiming any lands or interest in lands under Section 49. In cadastral proceedings, instead of an application an answer
the provisions of this chapter, must every case present an or claim may be filed with the same effect as in the procedure provided in
application to the proper Court of First Instance, praying that the the last preceding two sections.
validity of the alleged title or claim be inquired into and that a
certificate of title issue to them under the provisions of the Land Section 50. It shall be lawful for the Director of Lands, whenever in the
Registration Act. opinion of the Governor-General the public interests shall require it, to
cause to be filed in the proper Court of First Instance, through the
The application shall conform is nearly as may be in its material allegations Attorney-General or the officer acting in his stead, a petition against the
to the requirements of an application for registration under the Land holder, claimant, possessor, or occupant of any land who shall not have
Registration Act, and shall be accompanied by a plan of the land and voluntary come in under the provisions of this chapter or of the Land
all documents evidencing a right on the part of the applicant to the Registration Act , stating in substance that the title of such holder,
land claimed. The application shall also state the citizenship of the claimant, possessor, or occupant is open to discussion; or that the
applicant and shall set forth fully the nature of the claim, and when boundaries of any such land which has not been brought into court as
based upon proceedings initiated under Spanish laws, it shall aforesaid are open to question; or that it is advisable that the title to such
specify as exactly as possible the date and form of the application lands be settled and adjudicated, and praying that the title to any such

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 79 of 127

land or the boundaries thereof or the right to occupancy thereof be settled occupancy, or under or by virtue of any law in effect prior to American
and adjudicated. The judicial proceedings under this section shall be in occupation, except as expressly provided by laws enacted after said
accordance with the laws on adjudication of title in cadastral proceedings. occupation of the Philippine Islands by the United States.

Section 51. If in the hearing of any application arising under this chapter RESERVATIONS
the court shall find that more than one person or claimant has an interest Chapter 12 of Public Land Act
in the land such conflicting interests shall be adjudicated by the court and Upon the recommendation of the Secretary of DENR, the President
decree awarded in favor of the person or persons entitled to the land may designate by proclamation any tract/s of land of the public
according to the laws, but if none of said persons is entitled to the land, or domain as reservations for the use of the RP or any of its
if the person who might be entitled to the same lacks the qualifications branches, or of the inhabitants thereof, in accordance with the
required by this Act for acquiring agricultural land of the public domain, the regulations prescribed for this purpose, or for quasi-public uses or
decision shall be in favor of the Government. purposes when the public interest requires it
A certified copy of this proclamation shall be forwarded to the RD
Section 52. Whenever, in any proceedings under this chapter to secure of the province or city where the land lies
registration of an incomplete or imperfect claim of title initiated prior to the Upon receipt of such copy, the Director of Lands shall order the
transfer of sovereignty from Spain to the United States, it shall appear that immediate survey of the proposed reservation if the land has not
had such claims been prosecuted to completion under laws prevailing when been yet surveyed, and as soon as the plat has been completed,
instituted, and under the conditions of the grant then contemplated, the he shall proce3ed in accordance with the next following section
conveyance of such land to the applicant would not have been gratuitous, The tract/s reserved shall be non-alienablen and shall not be
but would have involved payment therefor to the Government, then and in subject to any occupation, entry, sale, lease, or other disposition
that event the court shall, after decreeing in whom title should vest, until again declared as alienable and disposable
further determine the amount to be paid as a condition for the registration
of the land. Such judgment shall be certified to the Director of Lands by the
clerk of the court for collection of the amount due from the person entitled CHAPTER XII
to conveyance. RESERVATIONS FOR PUBLIC AND SEMI-PUBLIC PURPOSES

Upon payment to the Director of Lands of the price specified in the Section 80. Upon receipt of the order of the President of the United
judgment, he shall so certify to the proper Court of First Instance and said States, the Governor-General shall, by proclamation, designate
court shall forthwith order the registration of the Land in favor of the such land as the President of the United States may set aside for
competent person entitled thereto. If said person shall fail to pay the military, naval, or other reservations for the use of the Government
amount of money required by the decree within a reasonable time fixed in of the United States.
the same, the court shall order the proceeding to stand dismissed and the
title to the land shall then be in the Government free from claim of the Section 81. Upon the recommendation of the Secretary of Agriculture and
applicant. Natural Resources, the Governor-General may designate by
proclamation any tract or tracts of land of the public domain as
Section 53. Whenever any judgment of confirmation or other decree of the reservations for the use of the Government of the Philippine
court under this chapter shall become final, the clerk of the court Islands or of any of its branches, or of the inhabitants thereof, in
concerned shall certify that fact to the Director of Lands, with a certified accordance with regulations prescribed for this purpose, or for
copy of the decree of confirmation or judgment of the court and the plan quasi-public uses or purposes when the public interest requires it,
and technical description of the land involved in the decree of judgment of including reservations for highways, rights of way for railroads,
the court. hydraulic power sites, irrigation system, communal pastures or
leguas communales, public parks, public quarries, public fishponds,
Section 54. No title to, or right or equity in, any lands of the public domain and other improvements for the public benefit. (As amended by
may hereafter be acquired by prescription or by adverse possession or section 16 of Act No. 3219).

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 80 of 127

reserved to any person or corporation, in order that such person or


Section 82. Upon the recommendation of the Secretary of Agriculture and corporation may clear, break, and prepare for cultivation the lands of said
Natural Resources, the Governor-General may, by proclamation, designate colony and establish the necessary irrigation system and suitable roads and
any tract or tracts of the public domain for the exclusive use of the non- fences; but final disposition shall be made of the land in accordance with
Christian natives, including in the reservation, in so far as practicable, the the provisions of this Act, subject, however, to such conditions as the
lands used or possessed by them, and granting to each member not Legislature may establish for the reimbursement of the expense incurred in
already the owner, by title or gratuitous patent, of four or more hectares of putting such lands in condition for cultivation: PROVIDED, That the
land, the use and benefit only of a tract of land not to exceed four hectares Legislature may direct that such land so prepared for cultivation may be
for each male member over eighteen years of age or the head of a family. disposed of only by sale or lease.
As soon as the Secretary of the Interior shall certify that the majority of
the non-Christian inhabitants of any given reservation have advanced SPECIAL PATENTS
sufficiently in civilization, then the Governor-General may order that the Patent to grant, cede, and convey full ownership of alienable and
lands of the public domain within such reservation be granted under the disposable lands formerly covered by a reservation of lands of the
general provisions of this Act to the said inhabitants, and the subdivision public domain and is issued upon the promulgation of a special
and distribution of said lands as above provided shall be taken into law or act of Congress or by the DENR Secretary as authorized by
consideration in the final disposition of the same. But any non-Christian the President
inhabitant may at any time apply for the general benefits of this Act,
provided the Secretary of Agriculture and Natural Resources is satisfied FRIAR LANDS
that such inhabitant is qualified to take advantage of the provisions of the Were purchased by the government for sale to actual occupants
same: PROVIDED, That all grants, deeds, patents and other instruments of under the provisions of Act 1120 or the Friar Lands Act
conveyance of land or purporting to convey or transfer rights of property, These lands are not public lands but private and patrimonial lands
privileges, or easements appertaining to or growing out of lands, granted of the government
by sultans, datus, or other chiefs of the so-called non-Christians tribes, The LMB shall first issue a certificate stating therein that the
without the authority of the Spanish Government while the Philippine government has agreed to sell the land to such settler or occupant
Islands were under the sovereignty of Spain, or without the consent of the The latter shall then accept the certificate and agree to pay the
United States Government or of the Philippine Government since the purchase price so fixed, in installments and at the rate of interest
sovereignty of the Archipelago was transferred from Spain to the United specified in the certificate
States, and all deeds and other documents executed or issued or based The conveyance or certificate of sale executed in favor of a buyer
upon the deeds, patents, and documents mentioned, are hereby declared is a conveyance of ownership of the property, subject only to the
to illegal, void, and of no effect. (As amended by section 18 of Act No. resolutory condition that the sale may be cancelled if the price
3517). agreed upon is not paid in full

Section 83. Upon recommendation by the Secretary of Agriculture and OWNERSHIP TRANSFERRED TO BUYER UPON EXECUTION OF
Natural Resources, the Governor-General may, by proclamation, designate CERTIFICATE OF SALE
any tract or tracts of land of the public domain for establishment of
agricultural colonies; and although the disposition of the lands to the SALE OF FRIAR LANDS DIFFERENT FROM SALE OF PUBLIC LANDS
colonists shall be made under the provisions of this Act, yet while the
Government shall have the supervision and management of said colonies, FORESHORE LANDS, SUBMERGED AREAS, AND RECLAIMED LANDS
the Secretary of Agriculture and Natural Resources may make the A foreshore land is that strip off land that lies between the high
necessary rules and regulations for the organization and internal and low water marks and that is alternatively wet and dry
administration of the same. according to the flow of the tide
Inalienable unless converted by law into A and D lands of the
The Secretary of Agriculture and Natural Resources may also, under public domain
conditions to be established by the Legislature, turn over a colony so

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 81 of 127

OPTION OF CLAIMANT TO FILE FREE PATENT APPLICATION OR the reversion to the government of lands of the public domain and
OBTAIN JUDICIAL CONFIRMATION OF TITLEKABAYAN V. CA improvements thereon as well as lands held in violation of the
Constitution
REGISTRATION OF PATENT IS THE OPERATIVE AC T TO CONVEY It is improper for the government to file an action for reversion of
THE LAND land titled to defendant pursuant to a free patent where the
alleged fraud consists in the fact that said land, at the time of
CERTIFICATE OF TITLE ISSUED PURSUANT TO A PATENT issuance of the free patent was no longer a part of the public
INDEFEASIBLE domain, having been adjudicated as private property of another
Once the patent is registered and the corresponding certificate of person in a previous registration case
title is issued, the land ceases to be part of the public domain and An action for reversion on the ground that defendant obtained
becomes private property over which the Director of Lands has patent through fraud would also fail where the land had
neither control nor jurisdiction successively been sold by the heirs of the patentee to third parties
Partakes of a nature of a certificate of title issued through judicial who are holding Torrens titles and enjoying the presumption of
proceeding good faith
It has in its favor the presumption of regularity Private parties cannot challenge the validity of the patent and title
It becomes incontrovertible upon the expiration of 1 year from the when they are not registered owners thereof nor had they been
date of the order for issuance of the patent, hence, prescription declared the owners as owners in the cadastral proceedings
cannot operate against the registered owner whether the grant was in conformity with the law or not is a
question which the government may raise, but until it is raised by
TITLE NOT DEFEATED BY ADVERSE POSSESSION the government and set aside, the defendant cannot question it.
The legality of the grant is a question between the grantee and
DIRECTOR OF LANDS HAS CONTINUING AUTHORITY TO the government.
INVESTIGATE FRAUDULENT ISSUANCE OF PATENTS
It is not only the right but also the duty of the Director of Lands to PRIVATE PARTY CANNOT BRING ACTION FOR REVERSION
conduct the investigation of any alleged fraud in securing the free If there has been any fraud or misrepresentation in obtaining the
patent and the corresponding title to a public land and to file the title, an action for reversion instituted by the Solicitor General
corresponding court action for the reversion of the same to the would be the proper remedy
State, if the facts disclosed in the course of such investigation
should so warrant ACTION FOR REVERSION NOT BARRED BY PRESCRIPTION
The indefeasibility of title over land previously public is not a bar Statute of limitations doesnt run against the State
to an investigation by the Director of Lands as to how such title
has been acquired, if the purpose of such investigation is to ACTION FOR CANCELLATION OF TITLE
determine whether or not fraud had been committed in securing Proper when a private party claims ownership of the land as
such title in order that that the appropriate action for reversion private property by virtue of a long period of possession and
may be filed by the government hence, no longer deemed a part of the public domain which could
be disposed of under the provisions of the Public Land Act, or
GOVERNMENT MAY INITIATE ACTION FOR CANCELLATION OF TITLE when the land is already covered by a previously issued certificate
AND REVERSION of title
Section 101 of Public Land Act provides for a remedy whereby
lands of the public domain fraudulently awarded to the applicant COURTS HAVE JURISDICTION OVER POSSESSORY ACTIONS
may be recovered or reverted back to its original owner, the INVOLVING PUBLIC LANDS
government Even pending the investigation of, and resolution on, an
Office of Solicitor General shall represent the government in all application by a bona fide occupant, by the priority of his
land registration and related proceedings and institute actions for application and record of his duty, he acquires a right to the

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 82 of 127

possession of the public land he applied for against any other citizens, only in the manner and to the extent specified in such
public land applicant, which right may be protected by the laws, and while the same are in force, but not thereafter.
possessory action of forcible entry or by any other suitable Section 122. Any acquisition, conveyance, alienation, transfer, or
remedy that our rules provide other contract made or executed in violation of any of the
The grant of power and duty to alienate and dispose of the land provisions of sections one hundred and sixteen, one hundred and
doesnt divest the courts of their duty or power to take cognizance eighteen, one hundred nineteen, one hundred and twenty, and
of actions instituted by settlers or occupants or applicants against one hundred and twenty-one of this act shall be unlawful and null
others to protect their respective possessions and occupations, and void from its execution and shall produce the effect of
more especially the actions of trespass, forcible entry and unlawful annulling and canceling the grant, title, patent, or permit originally
detainer issued, recognized, or confirmed, actually or presumptively, and
cause the reversion of the property and its improvements to the
PROHIBITION AGAINST ALIENATION OF LANDS ACQUIRED UNDER Government.
THE HOMESTEAD AND FREE PATENT PROVISIONS Section 122(A). The provisions of sections twenty three, twenty
Section 116. Except in favor of the Government or any of its four, thirty four, fifty seven, one hundred and twenty, and one
branches, units or institutions, or legally constituted banking hundred and twenty-one of this Act, and any other provisions or
corporations, lands acquired under the free patent or homestead provisions restricting or tending to restrict the right of persons,
provisions shall not be subject to encumbrance or alienation from corporations, or associations to acquire, hold, lease, encumber,
the date of the approval of the application and for a term of five dispose of, or alienate land in the Philippines, or permanent
years from and after the date of issuance of the patent or grant, improvements thereon, or any interest therein, shall not be
nor shall they become liable to the satisfaction of any debt applied in cases in which the right to acquire, hold or dispose of
contracted prior to the expiration of said period; but the such land, permanent improvements thereon or interests therein
improvements or crops on the land may be mortgaged or pledged in the Philippine Islands is recognized by existing treaties in favor
to qualified persons, associations, or corporations. (As amended of citizens or subjects of foreign nations and corporations or
by section 23 of Act No. 3517). associations organized and constituted by the same, which right in
Section 119. Except with the consent of the grantee and the so far as it exists under such treatise, shall continue and subsist in
approval of the Secretary of Agriculture and Natural Resources, the manner and to the extent stipulated in said treaties, and only
and solely for commercial, industrial, educational, religious or while these are in force, but not thereafter.
charitable purposes or for a right of way, no corporation,
association, or partnership, may acquire or have any right, title, PROHIBITION STARTS FROM DATE OF APPROVAL UP TO 5TH YEAR
interest, or property right whatsoever to any land granted under FROM ISSUANCE OF PATENT
the free patent, homestead or individual sale provisions of this Act
or to any permanent improvement on such land. (As amended by POLICY OF THE LAW
section 24 of Act. No. 3517). To conserve the land which a grantee has acquired under the
Section 120. No land originally acquired in any manner under the Public Land Act for him and his heirs
provisions of this Act, nor any permanent improvement on such To give the patentee a place where to live with his family so he
land, shall be encumbered, alienated, or transferred, except to may become a happy citizen and useful member of the society
persons, corporations, associations, or partnerships who may
acquire lands of the public domain under this Act; to corporations APPROVAL OF SECRETARY MERELY DIRECTORY
organized in the Philippine Islands authorized therefor by their Its absence doesnt invalidate any alienation, transfer or
charters, and upon express authorization by the Philippine conveyance of the homestead after 5 years and before the 25-
Legislature, to citizens of countries the laws of which grant to year period
citizens of the Philippine Islands the same right to acquire, hold,
lease, encumber, dispose of, or alienate land, or permanent REPURCHASE BY APPLICANT OR HIS HEIRS
improvements thereon, or any interest therein, as to their own Sanctioned by Section 119 of the Public Land Act

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 83 of 127

The right to repurchase attaches to every alienation and CERTIFICATE OF LAND TRANSFER, EMANCIPATION
encumbrance, and that right can be exercised even in the absence
PATENT, AFFIDAVIT OF NON-TENANCY
of any stipulation in the deed of sale
To give the homesteader or patentee every chance to preserve for
himself and his family the land that the state had gratuitously Section 104. Provisional Register of Documents. The Department of
given to him as a reward for his labor in cleaning and cultivating it Agrarian Reform shall prepare by automate data processing a
The five-year period starts from the date of execution of the deed special registry book to be known as the "Provisional Register of
of sale, and not from the date of registration in the office of the Documents issued under PD-27" which shall be kept and
RD. This is true even if the full payment of the purchase price is maintained in every Registry of Deeds throughout the country. Said
not made on the date of conveyance unless there is stipulation to Registry Book shall be a register of:
the contrary.
a. All Certificates of Land Transfer (CLT) issued pursuant to P.D.
A HOMESTEAD IS EXEMPT FROM CARP COVERAGE No. 27; and

RULE WHEN HOMESTEAD IS SUBJECT OF MORTGAGE b. All subsequent transactions affecting Certificates of Land
The five-year period begins from the date when the deed of Transfer such as adjustments, transfer, duplication and
absolute sale is executed and the property is formally transferred cancellations of erroneous Certificates of Land Transfer.
to the purchaser
Section 105. Certificates of Land Transfer Emancipation Patents.
REPURCHASE MAY BE BARRED BY LACHES The Department of Agrarian reform shall pursuant to P.D. No. 27
issue in duplicate, a Certificate of Land Transfer for every land
EFFECT OF VOID CONVEYANCE brought under "Operation Land Transfer", the original of which
Where the parties to a sale of a portion of the public domain shall be kept by the tenant-farmer and the duplicate, in the
covered by homestead patent have been proven to be guilty of Registry of Deeds.
having effected the transaction with knowledge of the cause of its
invalidity, the sale is null and void and shall cause the reversion of After the tenant-farmer shall have fully complied with the
the property to the State requirements for a grant of title under P.D. No. 27, an Emancipation
Patent which may cover previously titled or untitled property shall
RULE OF PARI DELICTO NOT APPLICABLE be issued by the Department of Agrarian Reform.
The principle of in pari delicto is not applicable to cases when its
application would run counter to the an avowed public The Register of Deeds shall complete the entries on the
fundamental policy or to public interest aforementioned Emancipation Patent and shall assign an original
Whether as a result of the void sale the land reverted to the State certificate of title number in case of unregistered land, and in case
is a point between the State and the grantee of the homestead of registered property, shall issue the corresponding transfer
and his heirs. In any event, the plaintiffs right to the possession certificate of title without requiring the surrender of the owner's
and use of the property can hardly be disputed while the duplicate of the title to be canceled.
government doesnt take steps to assert its title to the
homestead. In case of death of the grantee, the Department of Agrarian Reform
Reversion isnt automatic. As long as the government has not shall determine his heirs or successors-in-interest and shall notify
chosen to act, the rights of the patentee stand and must be the Register of Deeds accordingly.
recognized in the courts of law.
In case of subsequent transfer of property covered by an
Emancipation Patent or a Certificate of Title emanating from an
Emancipation Patent, the Register of Deeds shall affect the transfer

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 84 of 127

only upon receipt of the supporting papers from the Department of 1 dated September 22, 1972, as amended do hereby decree and order the
Agrarian Reform. emancipation of all tenant farmers as of this day, October 21, 1972:

No fee, premium, of tax of any kind shall be charged or imposed in This shall apply to tenant farmers of private agricultural lands primarily
connection with the issuance of an original Emancipation Patent devoted to rice and corn under a system of sharecrop or lease-tenancy,
and for the registration or related documents. whether classified as landed estate or not;

AGRARIAN REFORM PROVISION IN THE 1987 CONSTITUTION The tenant farmer, whether in land classified as landed estate or not, shall
Article 13, Section 4. The State shall, by law, undertake an be deemed owner of a portion constituting a family-size farm of five (5)
agrarian reform program founded on the right of farmers and hectares if not irrigated and three (3) hectares if irrigated;
regular farmworkers who are landless, to own directly or
collectively the lands they till or, in the case of other farmworkers, In all cases, the landowner may retain an area of not more than seven (7)
to receive a just share of the fruits thereof. To this end, the State hectares if such landowner is cultivating such area or will now cultivate it;
shall encourage and undertake the just distribution of all For the purpose of determining the cost of the land to be transferred to the
agricultural lands, subject to such priorities and reasonable tenant-farmer pursuant to this Decree, the value of the land shall be
retention limits as the Congress may prescribe, taking into equivalent to two and one-half (2 1/2) times the average harvest of three
account ecological, developmental, or equity considerations, and normal crop years immediately preceding the promulgation of this Decree;
subject to the payment of just compensation. In determining
retention limits, the State shall respect the right of small The total cost of the land, including interest at the rate of six (6) per
landowners. The State shall further provide incentives for centum per annum, shall be paid by the tenant in fifteen (15) years of
voluntary land-sharing. fifteen (15) equal annual amortizations;

In case of default, the amortization due shall be paid by the farmers'


PRESIDENTIAL DECREE No. 27 October 21, 1972 cooperative in which the defaulting tenant-farmer is a member, with the
DECREEING THE EMANCIPATION OF TENANTS FROM THE BONDAGE cooperative having a right of recourse against him;
OF THE SOIL, TRANSFERRING TO THEM THE OWNERSHIP OF THE
LAND THEY TILL AND PROVIDING THE INSTRUMENTS AND The government shall guaranty such amortizations with shares of stock in
MECHANISM THEREFOR government-owned and government-controlled corporations;

In as much as the old concept of land ownership by a few has spawned No title to the land owned by the tenant-farmers under this Decree shall be
valid and legitimate grievances that gave rise to violent conflict and social actually issued to a tenant-farmer unless and until the tenant-farmer has
tension, become a full-fledged member of a duly recognized farmer's cooperative;
Title to land acquired pursuant to this Decree or the Land Reform Program
The redress of such legitimate grievances being one of the fundamental of the Government shall not be transferable except by hereditary
objectives of the New Society, succession or to the Government in accordance with the provisions of this
Decree, the Code of Agrarian Reforms and other existing laws and
Since Reformation must start with the emancipation of the tiller of the soil regulations;
from his bondage,
The Department of Agrarian Reform through its Secretary is hereby
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, empowered to promulgate rules and regulations for the implementation of
by virtue of the powers vested in me by the Constitution as Commander- this Decree.
in-Chief of all the Armed Forces of the Philippines, and pursuant to
Proclamation No. 1081, dated September 21, 1972, and General Order No.

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 85 of 127

All laws, executive orders, decrees and rules and regulations, or parts d) All private lands devoted to or suitable for agriculture regardless of the
thereof, inconsistent with this Decree are hereby repealed and or modified agricultural products raised or that can be raised thereon.
accordingly.
xxx
Done in the City of Manila, this 21st day of October, in the year of Our
Lord, nineteen hundred and seventy-two. SEC. 6. Retention Limits.- --Except as otherwise provided in this Act, no
person may own or retain, directly, any public or private agricultural land,
RA 6657 OR COMPREHENSIVE AGRARIAN REFORM LAW OF 1988 the size of which shall vary according to factors governing a viable family-
Agrarian reform program is founded on the right of farmers and sized farm, such as commodity produced, terrain, infrastructure, and soil
regular farm workers, who are landless, to own directly or fertility as determined by the Presidential Agrarian Reform Council (PARC)
collectively the lands they till, or in case of other farm workers, to created hereunder, but in no case shall retention by the landowner exceed
receive a just share on the fruits thereof five (5) hectares. Three (3) hectares may be awarded to each child to the
To this end, the State shall encourage and undertake the just landowner, subject to the following qualifications: (1) that he is at least
distribution of all agricultural lands, subject to the priorities and fifteen (15) years of age; and (2) that he is actually tilling the land or
retention limits set forth in the law, taking into account ecological, directly managing the farm: Provided That landowners whose lands have
developmental, and equity considerations and subject to the been covered by Presidential Decree No. 27 shall be allowed to keep the
payment of just compensation area originally retained by them thereunder ; Provided, further, That
The State shall respect the right of small landowners, and shall original homestead grantees or direct compulsory heirs who still own the
provide for voluntary land-sharing original homestead at the time of the approval of this Act shall retain the
same areas as long as they continue to cultivate said homestead.
The right to choose the area to be retained, which shall be compact or
SEC. 4. Scope. The Comprehensive Agrarian Reform Law of 1988 shall contiguous, shall pertained, to the land owner ; provided, however, That in
cover, regardless of tenurial arrangement and commodity produced, all case the area selected for retention by the landowner ; is tenanted, the
public and private agricultural lands as provide in proclamation No. 131 tenant shall have the option to choose whether to remain therein be a
and Executive Order No.229, including other lands of the public domain beneficiary in the same or or another agricultural land with similar or
suitable for agriculture. comparable features. In case the tenant chooses to remain in the retained
area, he shall be considered a leaseholder and shall lose his right to be a
More specifically, the following lands are covered by the Comprehensive beneficiary in another agricultural land, he loses his right as a leaseholder
Agrarian Reform Program: to the land retained by the landowner. The tenant must exercise this option
within a period of one (1) year from the time the landowner manifests his
a) All alienable and disposable lands of the public domain devoted to or choice of the area for retention.
suitable for agriculture. No reclassification of forest or mineral lands to
agricultural lands shall be undertaken after the approval of this Act until In cases, the security of tenure of the farmers or farm workers on the land
Congress, taking into account ecological, developmental and equity prior to the approval of this Act shall be respected.
considerations, shall have determined by law, the specific limits of the
public domain; Upon the effectivity of this Act, any sale, disposition, lease, management
contract or transfer of position of private lands executed by the original
b) All lands of the public domain in excess to the specific limits as landowner in violation of this Act shall be null and void: Provided, however,
determined by Congress in the preceding paragraph; That those executed prior to this Act shall be valid only when registered
with the Register of Deeds within a period of three (3) months after the
c) All other lands owned by the Government devoted to or suitable for effectivity of this Act . Thereafter, all registers of Deeds shall inform the
agriculture; and DAR within thirty (30) days of any transaction involving agricultural lands
in excess of five (5) hectares.

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 86 of 127

xxx
(1) Cash payment, under the following terms and conditions:
SEC. 10. Exemptions and Exclusions.-
a) Lands actually, directly and exclusively used for parks, wildlife, forest (a) For lands above fifty (50) hectares, insofar as the excess hectarage is
reserves, reforestation, fish sunctuaries and breeding grounds, watersheds concerned --- Twenty-five percent (25%) cash the balance to be paid in
and mangroves shall be exempt from the coverage of this Act. government financial instruments negotiable at any time.

b) Private lands actually, directly and exclusively used for prawn farms and (b) For lands above twenty-four hectares and up to fifty (50) hectares --
fishponds shall be exempt from the coverage of this Act: Provided, That Thirty percent (30%) cash the balance to be paid in government financial
said prawn farms and fishponds have not been distributed and Certificate instruments negotiable at any time.
of Land Ownership Award (CLOA) issued to Agrarian Reform Program.
In cases where the fishponds or prawn farms have been subjected to the (c) For lands twenty-four (24) hectares and below ---Thirty-five percent
Comprehensive Agrarian Reform Law, by voluntary offer to sell, or (35%) cash the balance to be paid in government financial instruments
commercial farms deferment or notices of compulsory acquisition , a simple negotiable at any time.
and absolute majority of the actual regular workers or tenants must
consent to the exemption within one (1) year from the effectivity of this (2) Shares of stock in government-owned or controlled corporations, LBP
Act. When the workers or tenants do not agree to this exemption, the preferred shares, physical assets or other qualified investments in
fishponds or prawn farms shall be distributed collectively to the worker- accordance with guidelines set by the PARC;
beneficiaries or tenants who shall from cooperative or association to
manage the same. (3) Tax credits which can be used against any tax liability ;
In cases where the fishponds or prawn farms have not been subjected to
the Comprehensive Agrarian Reform Law, the consent of the farm workers (4) LBP bonds, which shall have the following features:
shall no longer be necessary ; however, the provision of Section 32-A
hereof on incentives shall apply. (a) Market interest rates aligned with 91-days treasury bill rates. Ten
percent (10%) of the face value of the bonds shall mature every year from
c) Lands actually, directly and exclusively used and found to be necessary the date of issuance until the tenth (10th) year: Provided, That should the
for national defense, school sites and campuses, including experimental landowner choose to forego the cash portion, whether in full or in part, he
farm stations operated by public or private schools for educational shall be paid correspondingly in LBP bonds:
purposes, seeds and seedlings research and pilot production center, church
sites and convents appurtenant thereto, mosque sites and Islamic centers (b) Transferability and negotiability. Such LBP bonds may be used by the
appurtenant thereto, communal burial grounds and cemeteries, penal landowner, his successors in interest or his assigns, up to the amount of
colonies and penal farms actually worked by the inmates, government and their face value for any of the following:
private research and quarantine centers and all lands with eighteen percent
(18%) slope and over, except those already developed, shall be exempt (i) Acquisition of land or other real properties of the government, including
from the coverage of this Act. ( As amended by R.A 7881) assets under the Assets Privatization Program and other assets foreclosed
by government financial institution in the same province or region where
xxx the lands for which the bonds were paid are situated ;

SEC. 18. Valuation and mode of compensation .---The LBP shall (ii) Acquisitions of shares of stock of government-owned or controlled
compensate the landowner in such amount as as may be agreed upon by corporations or shares or stock owned by the government in private
the landowner and the DAR and LBP or as may be finally determined by the corporations;
court as just compensation for the land.
The compensation shall be paid in one of the following modes at the (iii) Substitution for surety or bail bonds for the provisional release of
options of the landowner: accused persons, or for performance bonds;

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 87 of 127

(iv) Security for loans with any government financial institution, provided (c) The voluntary agreement shall include sanctions for non-compliance by
the proceeds of the loans shall be invested in an economic enterprise, either party and shall be duly recorded and its implementation monitored
preferably in a small and medium -scale industry, in the same province or by the DAR.
region as the land for which the bonds are paid;
SEC. 21. Payment of compensation by Beneficiaries under voluntary Land
(v) Payment for various taxes and fees to government : Provided, That the Transfer.--- Direct payment in cash or in kind may be made by the farmer-
use of these bonds for these purposes will be limited to a certain beneficiary to the landowner under terms to be mutually agreed upon by
percentage of the outstanding balance of the financial instrument : both parties, which shall be binding upon them, upon registration with and
Provided, further, That the PARC shall determine the percentages mention approval by the DAR. Said approval shall be considered given, unless
above; notice of disapproval is received by the farmer-beneficiary within 30 days
form the date of registration.
(vi) Payment for tuition fees of the immediate family of the original In the event they cannot agree on the price of land, the procedure for
bondholder in government universities, colleges, trade schools and other compulsory acquisition as provided in Section 16 shall apply. The LBP shall
institutions; extend financing to the beneficiaries for purposes of acquiring the land.

(vii) Payment for fees of the immediate family of the original bondholder in xxx
government hospitals; and
SEC. 26. Payment by beneficiaries .---Lands awarded pursuant to this Act
(viii) Such other uses as the PARC may from time to time to allow. shall be paid for by the beneficiaries to the LBP in thirty (30) annual
amortizations at six percent (6%) interest per annum. The payments for
In case of extraordinary inflation, the PARC shall take appropriate the firs three (3) years after the award may be at reduced amounts as
measures to protect the economy. established by the PARC : Provided, That the first five percent (5%) of the
value of the annual gross production as established by the DAR. Should the
SEC. 19. Incentives for Voluntary offers for Sale.--Landowners, other than scheduled annual payments after the fifth year exceed ten percent (10) of
banks and other financial institutions, who voluntarily offer their lands for the annual gross production and the failure to produce accordingly is not
sale shall be entitled to an additional five percent (5%) cash payment. due to the beneficiary's fault, the LBP may reduce the interest rate or
reduce the principal obligation to make the payment affordable.
SEC. 20.Voluntary Land Transfer.-- Land owners of agricultural lands
subject to acquisition under this Act may enter into a voluntary The LBP shall have a lien by way of mortgage on the land awarded to
arrangement for direct transfer of their lands to qualified beneficiaries beneficiary ; and this mortgage be foreclosed by the LBP for non-payment
subject to the following guidelines : of an aggregate of three (3) annual amortizations. The LBP shall advise the
DAR of such proceedings and the latter shall subsequently award the
(a) All notices for voluntary land transfer must be submitted to the DAR forfeited landholding to other qualified beneficiaries. A beneficiary whose
within the first year of the implementation of the CARP. Negotiations land, as provided herein, has been foreclosed shall thereafter be
between the landowners and qualified beneficiaries covering any voluntary permanently disqualified from becoming a beneficiary under this ACT.
land transfer which remain unresolved after one (1) year shall not be
recognized and such land shall instead be acquired by the government and SEC. 27. Transferability of Awarded Lands. ---Lands acquired by
transferred pursuant to this Act. beneficiaries under this ACT may not be sold, transferred or conveyed
except through hereditary succession, or to the government, or to the LBP,
(b) The terms and conditions of such transfer shall not be less favorable to or to other qualified beneficiaries for a period of ten (10) years: Provided,
the transferee than those of the government 's standing offer to purchase however, That the children or the spouse of the transferor shall have a
from the landowner and to resell to the beneficiaries, if such offers have right to repurchase the land from the government or LBP within a period of
been made and are fully known to both parties. two (2) years. Due notice of the availability of the land shall be given by

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 88 of 127

the LBP to the Barangay Agrarian Reform Committee (BARC) of the xxx
barangay where the land is situated. The Provincial Agrarian Coordinating
Committee (PARCCOM), As herein provided, shall, in turn, be given due SEC. 70. Disposition of Private Agricultural Lands.--- The sale or disposition
notice thereof by the BARC. of agricultural lands retained by a landowner as a consequence of Section 6
hereof shall be valid as long as the total landholdings that shall be owned
If the land has not yet been fully paid by the beneficiary, the right to the by the transferee thereof inclusive of the land to be acquired shall not
land may be transferred or conveyed, with prior approval of the DAR, to exceed the landholdings ceilings provided for in this Act>
any heir of the beneficiary or to any other beneficiary who, as a condition Any sale or disposition of agricultural lands after the effectivity of this Act
for such transfer or conveyance, shall cultivate the land himself. Failing found to be contrary to the provision hereof shall be null and void.
compliance herewith, the land shall be transferred to the LBP which shall Transferees of agricultural lands shall furnish the appropriate Register of
give due notice of the availability of the land in the manner specified in the Deeds and the BARC an affidavit attesting that his total landholdings as a
immediately preceding paragraph. result of the said acquisition do not exceed the landholding ceiling. The
Register of Deeds shall not register the transfer of any agricultural land
In the event of such transfer to the LBP, the latter shall compensate the without the submission of this sworn statement together with proof of
beneficiary in one lump sum for the amounts the latter has already paid, service of a copy thereof to the BARC.
together with the value of improvements he has made on the land.

xxx PD 27 LAID DOWN A SYSTEM FOR THE PURCHASE BY SMALL


FARMERS OF THE LANDS THEY WERE TILLING
SEC.51. Finality of Determination .---Any case or controversy before it PD27 was anchored upon the fundamental objective of addressing
shall be decided within thirty (30) days after it is submitted for resolution. valid and legitimate grievances of land ownership giving rise to
Only one (1) motion for consideration shall be allowed. Any order, ruling or violent conflict and social tension in the countryside
decision shall be final after the lapse of fifteen (15) days from receipt of a Recognized the necessity to encourage a more productive
copy thereof. agricultural base to the countrys economy
The certificate of land transfer under PD27 provides that the
xxx tenant farmer is deemed to be the owner of the agricultural land
subject to the conditions that the cost of the portion transferred to
SEC. 65. Conversion of Lands .--- After the lapse of five (5) years from its him, including the interest, shall be paid in 15 equal annual
award, when the land ceases to be economically feasible and sound for amortizations, and that he must be a member of a barrio
agricultural purposes, or the locality has become urbanized and the land association upon organization of such association in his legality
will have greater economic value for residential, commercial or industrial
purposes, the DAR, upon application or the beneficiary or the landowner, BOTH PD 27 AND RA6657 UPHELD AS CONSTITUTIONAL
with due notice to the affected parties, and subject to existing laws, may
authorize the reclassification or conversion of the land and its disposition: SCOPE OF THE COMPREHENSIVE AGRARIAN REFORM LAW OR RA
Provided, That the beneficiary shall have fully paid his obligation. 6657
Agrarian Reform means the redistribution of lands, regardless of
xxx crops or fruits produced, to farmers and regular farm workers who
are landless, irrespective of tenurial arrangement, to include the
SEC. 67. Free Registration of Patents and Titles.--- All registers of Deeds totality of factors and support services designed to lift the
are hereby directed to register, free from payment of all fees and other economic status of the beneficiaries and all other arrangements
charges, patents, titles and documents required for the implementation of alternative to the physical redistribution of lands, such as
the CARP. production or profit-sharing, labor administration, and the
distribution of shares of stock, which will allow beneficiaries to

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 89 of 128

receive a just share of the fruits of the lands they work. ONLY AGRICULTURAL LANDS ARE SUBJECT TO THE AGRARIAN
REFORM COVERAGE
EXEMPTIONS AND EXCLUSIONS
1. Lands actually, directly and exclusively used for parks, wildlife, AGRICULTURAL LAND
forest reserves, reforestation, fish sunctuaries and breeding Refers to land devoted to agricultural activity as defined in this Act
grounds, watersheds and mangroves shall be exempt from the and not classified as mineral, forest, residential, commercial or
coverage of this Act. industrial land.
2. Private lands actually, directly and exclusively used for prawn
farms and fishponds shall be exempt from the coverage of this AGRICULTURAL ACTIVITY
Act: Provided, That said prawn farms and fishponds have not been Means the cultivation of the soil, planting of crops, growing of fruit
distributed and Certificate of Land Ownership Award (CLOA) trees, including the harvesting of such farm products, and other
issued to Agrarian Reform Program. farm activities and practices performed by a farmer in conjunction
with such farming operations done by persons whether natural of
In cases where the fishponds or prawn farms have been subjected juridical.
to the Comprehensive Agrarian Reform Law, by voluntary offer to
sell, or commercial farms deferment or notices of compulsory WHAT ARE EXCLUDED?
acquisition , a simple and absolute majority of the actual regular 1. Lands converted to non-agricultural use before the effectivity of
workers or tenants must consent to the exemption within one (1) CARL are outside the coverage
year from the effectivity of this Act. When the workers or tenants 2. Farms used for livestock, poultry and swine not covered
do not agree to this exemption, the fishponds or prawn farms 3. Agricultural lands reclassified by LGUs into residential,
shall be distributed collectively to the worker-beneficiaries or commercial, or industrial uses excluded
tenants who shall from cooperative or association to manage the 4. Lands used for academic or educational purposes exempted
same. 5. Homesteads are excluded

In cases where the fishponds or prawn farms have not been JURISDICTION OF DAR
subjected to the Comprehensive Agrarian Reform Law, the Matters involving the administrative implementation of the
consent of the farm workers shall no longer be necessary; transfer of the land, such as the giving out of notices of coverage
however, the provision of Section 32-A hereof on incentives shall to the tenant-farmer under PD27 and amendatory and related
apply. decrees, rules and regulations, shall be exclusively cognizable by
the Secretary of Agrarian Reform, including the issuance, recall, or
3. Lands actually, directly and exclusively used and found to be cancellation of emancipation patents or certificates of land
necessary for national defense, school sites and campuses, ownership award, save when such certificates of land transfer
including experimental farm stations operated by public or private have been registered with the RD, in which instance the recalling
schools for educational purposes, seeds and seedlings research authority would be the DARAB
and pilot production center, church sites and convents
appurtenant thereto, mosque sites and Islamic centers DEEMED TO BE THE OWNERAS DEFINED IN PD 27
appurtenant thereto, communal burial grounds and cemeteries, Grantee of a certificate of land transfer must be construed within
penal colonies and penal farms actually worked by the inmates, the policy framework of PD 27 and interpreted with other
government and private research and quarantine centers and all stipulations of the certificate issued pursuant to the Decree
lands with eighteen percent (18%) slope and over, except those PD27 was anchored upon the fundamental objective of addressing
already developed, shall be exempt from the coverage of this Act. valid and legitimate grievances of land ownership giving rise to
(As amended by R.A 7881) violent conflict and social tension in the countryside

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 90 of 128

DISTINCTIVE FEATURES OF PD27 AND RA6657, EXEMPTION 1. Executing an affidavit or any other document duly attested by the
DISTINGUISHED FROM RETENTION MARO, Provincial Agrarian Reform Officer, or Regional Director,
PD27 implemented the Operation Land Transfer Programcovers indicating that he is expressly waiving his right of retention
tenanted rice and corn lands 2. Signing of the landowner-tenant production agreement and
The requisites for coverage under the OLT program are the farmers undertaking or application for purchase and farmers
following undertaking, covering subject property
o The land must be devoted to rice or corn crops 3. Entering into a voluntary land transfer/direct payment scheme
o There must be a system of share-crop or lease-tenancy agreement
obtaining therein 4. Offering the subject landholding under VOS scheme and failure to
If either is absent, the landowner may apply for exemption indicate his retained area
PD27 grants each tenant of covered lands a 5 hectare lot, or in 5. Signing or submission of other documents indicating consent to
case the lot is irrigated, 3 hectares constituting the family size have the entire property covered, such as the form letter of the
farm. However, said law allows a covered landowner to retain not LBP on the disposition of the case and bond portions of a land
more than 7 hectares of his land if his aggregate landholding transfer claim for payment, and the Deed of Assignment,
doesnt exceed 24 hectares warranties and undertaking and undertaking executed in favor of
Consequently, a landowner may keep his whole covered land if its the LBP
aggregate size doesnt exceed the retention limit of 7 hectares 6. Performing acts which constitute estoppel by laches
An application for exemption is different from that of retention. 7. Doing such act or acts as would amount to a valid waiver in
They are distinct remedies and thus, judgment in one doesnt accordance with applicable laws and jurisprudence
preclude the subsequent institution of the other
The right to retention is a constitutionally guaranteed right which AGRICULTURAL TENANCY
is subject to the qualifications by the legislature The physical possession by a person of land devoted to
Landowners who havent exercised their retention rights under agriculture, belonging to, or legally possessed by, another for the
PD27 may exercise their retention rights under RA 6657 purpose of production through the labor of the former, and of the
The right to retention may be exercised over tenanted land members of his immediate farm household, is consideration of
despite the issuance of the certificate of land transfer to farmer- which the former agrees to share the harvest with the latter, or to
beneficiaries. What must be protected, however, is the right of pay a price certain or ascertainable, either in produce or in
the tenants to opt to stay on the land chosen to be retained by money, or both
the landowner or be a beneficiary in another agricultural land with
similar or comparable features REQUISITES OF AGRICULTURAL TENANCY
Land awards made pursuant to a governments agrarian reform 1. Parties are the landowner and the tenant
program are subject to the exercise of the landowner who is 2. The subject is the agricultural land
qualified to the right of retention 3. There is consent
The issuance of emancipation patents or certificates of land 4. The purpose is agricultural production
transfers doesnt absolutely bar the landowner from retaining the 5. There is personal conviction
area covered thereby 6. There is sharing of harvests

SEE SECTION 6 OF RA 6657 ONLY LEASEHOLD TENANCY IS RECOGNIZED

THE RETENTION LIMITS UNDER PD 27 IS RETAINED IN RA 6657 THE FINDING OF DAR OF TENANCY RELATIONSHIP IS MERELY
PRELIMINARY
WAIVER OF RIGHT OF RETENTION
EXTINGUISHMENT OF AGRICULTURAL LEASEHOLD RELATIONS

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 91 of 128

1. Abandonment of landholding without the knowledge of the 4. Compulsory acquisitionwhereby the land is expropriated by the
agricultural owner State (Section 16 of RA 6657)
2. Voluntary surrender of the landholding by the agricultural lessee, 5. Voluntary stock distribution in the case of corporate farms
written notice of which shall be served 3 months in advance alternative arrangement for the physical distribution of lands
3. Absence of the persons to succeed to the lessee, in the event of wherein corporate owners voluntarily divest a portion of their
death or permanent incapacity of the lessee capital stock, equity or participation in favor of their workers or
other qualified beneficiaries
DISTURBANCE COMPENSATION (following RA 3844)
Notwithstanding any agreement as to the period or future OLT COVERAGE MAY BE NULLIFIED DESPITE ISSUANCE OF EP
surrender, of the land, an agricultural lessee shall continue in the WHERE LAND IS NOT AGRICULTURAL LAND
enjoyment and possession of his landholding except when his
dispossession has been authorized by the Court in a judgment SUMMARY
that is final and executory if after due hearing it is shown that 1. Title to all expropriated properties shall be transferred to the State
1. The agricultural lessor-owner or a member of his only upon the full payment of compensation to their respective
immediate family will personally cultivate the landholding owners
or will convert the landholding, if suitably located, into 2. All rights previously acquired by the tenant-farmers under PD27
residential, factory, hospital or school site or other useful are retained and recognized
non-agricultural purposes: Provided; That the agricultural 3. Landowners who are unable to exercise their rights of retention
lessee shall be entitled to disturbance compensation under PD27 shall enjoy the retention rights granted by RA6657
equivalent to five years rental on his landholding in
addition to his rights under Sections twenty-five and Section 106. Sale of agricultural land; affidavit. No voluntary deed
thirty-four, x x x or instrument purporting to be a subdivision, mortgage, lease, sale
The state is not liable for disturbance compensation or any other mode of encumbrance or conveyance of private
agricultural land principally devoted to rice or corn or any portion
ACQUISITION OF PRIVATE AGRICULTURAL LANDS; PAYMENT OF thereof shall be registered unless accompanied by an affidavit of
JUST COMPENSATION the vendor or executor stating that the land involved is not
1. The land must be privately-owned and found suitable for tenanted, or if tenanted, the same is not primarily devoted to the
agriculture production of rice and/or corn.
2. There are beneficiaries willing to take over the ownership of the
land and make it more productive If only a portion of the land is primarily devoted to the production
3. The landowner is paid just compensation or deposit cash or LBP of rice and/or corn, and such area so devoted is tenanted, no such
bonds is made in his name if the value is contested deed or instrument shall be registered unless accompanied by an
4. Title to the land is transferred in the name of the RP affidavit stating the area (size) of the portion which is tenanted
and primarily devoted to rice and/or corn, and stating further that
MODES OF ACQUISITION the deed or instrument covers only the untenanted portion or that
1. Operation land transfermechanism established for the which is not primarily devoted to the production of rice and/or
implementation of PD27 corn. A memorandum of said affidavit shall be annotated on the
2. Voluntary offer to sellscheme whereby the landowners certificate of title. The Register of Deeds shall cause a copy of the
voluntarily offer their agricultural lands for coverage regardless of registered deed or instrument, together with the affidavit, to be
phasing furnished the Department of Agrarian Reform Regional Office
3. Voluntary land transfer/direct payment schemelandowner and where the land is located. The affidavit provided in this section
the beneficiary enter into a voluntary agreement for the direct shall not be required in the case of a tenant-farmer who deals with
transfer of lands to the latter his Certificate of Land Transfer or Emancipation Patent in
accordance with law.

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 92 of 128

terms and conditions to the sale, it was proper for the plaintiff to
PETITIONS AND ACTIONS AFTER ORIGINAL ask the court to compel the defendant to surrender the duplicate
certificate of title to the RD for the registration of the sale, this
REGISTRATION
being a necessary incident in the main case
Section 107 doesnt preclude a party to a pending case to include
Section 107. Surrender of withhold duplicate certificates. Where it as incident therein the relief stated under said section, specially if
is necessary to issue a new certificate of title pursuant to any the certificate of title to be surrendered is intimately connected
involuntary instrument which divests the title of the registered with the subject matter of the principal action
owner against his consent or where a voluntary instrument cannot Where the title is subject to a mortgage, the order of the court
be registered by reason of the refusal or failure of the holder to cannot in any way prejudice the rights of the mortgagee since any
surrender the owner's duplicate certificate of title, the party in lien annotated in the certificate is incorporated or carried over to
interest may file a petition in court to compel surrender of the the new transfer certificate of title to whoever it is issued
same to the Register of Deeds. The court, after hearing, may order
the registered owner or any person withholding the duplicate AUTHORITY OF COURT TO ORDER THE SURRENDER OWNERS
certificate to surrender the same, and direct the entry of a new DUPLICATE CERTIFICATE
certificate or memorandum upon such surrender. If the person In order that the court may order the registered owner to
withholding the duplicate certificate is not amenable to the process surrender his owners duplicate, it has to determine upon the
of the court, or if not any reason the outstanding owner's duplicate evidence presented by the parties whether the registered owner
certificate cannot be delivered, the court may order the annulment had been lawfully divested of his title thereto
of the same as well as the issuance of a new certificate of title in That of course requires and involves of the determination of the
lieu thereof. Such new certificate and all duplicates thereof shall question of title to the registered property
contain a memorandum of the annulment of the outstanding Section 107 doesnt constitute a reopening of the decree entered
duplicate. as a result of proceedings in rem for the confirmation of imperfect
title under said act, it cannot be deemed to contraven the purpose
REMEDY WHERE DUPLICATE CERTIFICATE IS WITHHELD or aim of the Torrens system
In case the person in possession of the owners duplicate
certificate refuses or fails to surrender the same to the RD so that Section 108. Amendment and alteration of certificates. No erasure,
any involuntary or voluntary instrument may be registered and a alteration, or amendment shall be made upon the registration book
certificate issued, the party in interest may file a petition in court after the entry of a certificate of title or of a memorandum thereon
to compel the surrender of the same to the RD and the attestation of the same be Register of Deeds, except by
The court after hearing may order the registered owner or any order of the proper Court of First Instance. A registered owner of
person withholding the duplicate certificate and direct the entry of other person having an interest in registered property, or, in proper
a new certificate or memorandum upon such surrender cases, the Register of Deeds with the approval of the Commissioner
If the person withholding the certificate is not amenable to the of Land Registration, may apply by petition to the court upon the
process of the court, or if for any reason the certificate cannot be ground that the registered interests of any description, whether
delivered, the court may order the annulment of said certificate vested, contingent, expectant or inchoate appearing on the
and the issuance of a new certificate of title in lieu thereof certificate, have terminated and ceased; or that new interest not
Such new certificate and all duplicates thereof shall contain a appearing upon the certificate have arisen or been created; or that
memorandum of the annulment of the outstanding duplicate an omission or error was made in entering a certificate or any
memorandum thereon, or, on any duplicate certificate; or that the
PETITION TO SURRENDER TITLE MAY BE FILED AS AN INCIDENT IN same or any person on the certificate has been changed; or that the
AN ACTION AFFECTING SAID TITLE registered owner has married, or, if registered as married, that the
Where the court in an action for specific performance, upheld the marriage has been terminated and no right or interests of heirs or
sale to the plaintiff and ordered the defendant to comply with the creditors will thereby be affected; or that a corporation which

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 93 of 128

owned registered land and has been dissolved has not convened 7. That a corporation which owned registered land and has been
the same within three years after its dissolution; or upon any other dissolved has not convened the same within three years after its
reasonable ground; and the court may hear and determine the dissolution; or upon any other reasonable ground;
petition after notice to all parties in interest, and may order the
entry or cancellation of a new certificate, the entry or cancellation PROCEEDINGS UNDER SECTION 112 OF THE LRA WERE SUMMARY
of a memorandum upon a certificate, or grant any other relief upon IN NATURE
such terms and conditions, requiring security or bond if necessary, Case law stressed the summary character of the proceedings for
as it may consider proper; Provided, however, That this section the amendment or alterations of the certificates of title
shall not be construed to give the court authority to reopen the Proceedings under Section 112 are summary in nature and relief
judgment or decree of registration, and that nothing shall be done can only be granted if there is unanimity among the parties, or
or ordered by the court which shall impair the title or other interest there is no adverse claim or serious objection on the part of any
of a purchaser holding a certificate for value and in good faith, or party in interest; otherwise, the case becomes contentious and
his heirs and assigns, without his or their written consent. Where controversial which should be threshed out in an ordinary action
the owner's duplicate certificate is not presented, a similar petition or in any case where the incident properly belongs
may be filed as provided in the preceding section. (Fojas v. Grey)
Any registered owner of land or other party in interest may, on
All petitions or motions filed under this Section as well as under certain grounds, apply by petition to the cadastral court for a new
any other provision of this Decree after original registration shall certificate or entry or cancellation or memorandum thereon, but
be filed and entitled in the original case in which the decree or such relief can only be granted if there is no adverse claim or
registration was entered. serious objection on the part of any party in interest; otherwise,
the case becomes controversial and should be threshed out in an
WHERE TO FILE PETITION ordinary case or in the case where the incident properly belongs
All petitions or motions after original registration shall be filed and (Abella v. Rodriguez)
entitled in the original case in which the decree of registration was Although exceptions are admitted in rare cases, these are not
entered based alone on the fact that land registration courts are likewise
This provision doesnt require that it be under oath the same CFI but also on the following premises
Provision was adopted with an intelligent purpose in viewto o Mutual consent of the parties or their acquiescence in
allow such petitions and motions to be filed and disposed of submitting the issues for determination by the court in
elsewhere would eventually lead to confusion and render it the registration proceedings
difficult to trace the origin of the entries in the registry o Full opportunity to the parties in the presentation of their
respective sides of the issues and evidence in support
WHEN TO FILE PETITION FOR AMENDMENT OR ALTERATION thereto
1. Whether vested, contingent, expectant or inchoate appearing on o Consideration by the court that the evidence already of
the certificate, have terminated and ceased; or record is sufficient and adequate for rendering a decision
2. That new interest not appearing upon the certificate have arisen upon those issues.
or been created; or
3. That an omission or error was made in entering a certificate or RULE UNDER SECTION 108, IN RELATION TO SECTION 2 PD1529:
any memorandum thereon, or, on any duplicate certificate; or COURT MAY NOW HEAR BOTH CONTENTIOUS AND NON-
4. That the same or any person on the certificate has been changed; CONTENTIOUS CASES
or Section 2 of PD1529 has eliminated the distinction between
5. That the registered owner has married, or, general jurisdiction vested in the RTC and the limited jurisdiction
6. If registered as married, that the marriage has been terminated conferred upon it by the former law when acting merely as a
and no right or interests of heirs or creditors will thereby be cadastral courtthis is aimed at avoiding the multiplicity of suits,
affected; or the change has simplified registration proceedings by conferring

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 94 of 128

upon the RTC the authority to act not only on applications for and credit as the original duplicate, and shall thereafter be
original registration but also over all petitions filed after original regarded as such for all purposes of this decree.
registration of title, with power to hear and determine all
questions arising upon such applications or petitions. SECTION 109 GOVERNS REPLACEMENT OF LOST DUPLICATE
The rule that the RTC, sitting as a land registration court, has CERTIFICATE
limited jurisdiction and has no authority to resolve controversial Section 109 is the applicable law in petitions for the issuance of
issues, no longer holds new owners duplicate certificate which are lost or stolen or
destroyed
NO ALTERATION OR AMENDMENT OF DECREE IS PERMITTED RA 26 applies only in cases of reconstitution of lost or destroyed
EXCEPT UPON ORDER OF THE COURT original certificates of title on file with the RD
Otherwise, a decree of registration cannot be permanent if, for The requirements for the replacement of a lost duplicate
instance, the limits of the land therein registered may be changed certificate are:
or the amount of land so registered altered by a subsequent 1. The registered owner or other person in interest shall
adjudication of said court based upon new evidence tending to send notice of the loss or destruction of the owners
show that the evidence introduced on the former hearing was duplicate certificate of title to the RD of the province or
incorrect city where the land lies as soon as the loss or destruction
is discovered
NO TIME LIMIT TO FILE PETITION 2. The corresponding petition for the replacement of the
No limitation or period is fixed for filing a petition to annotate a loss or destroyed owners duplicate certificate shall then
deed of sale at the back of a certificate of title be filed in court and entitled in the original case in which
If any person claims that a person registered a deed of sale can the decree of registration was entered
no longer do so, because the deed was executed more than 10 3. The petition shall state under oath the facts and
years before, such objection must be raised in an ordinary civil circumstances surrounding such loss or destruction
action 4. The court may set the petition for hearing, after due
Where there is no question as to the existence and validity of the notice to the RD and other interested parties as shown in
deed of sale, the registration of the sale and issuance of a TCT are the memorandum of encumbrances noted in the OCT or
ministerial duties of the RD TCT on file in the office of the RD
5. After due notice and hearing, the court may direct the
Section 109. Notice and replacement of lost duplicate certificate. In issuance of a new duplicate certificate which shall contain
case of loss or theft of an owner's duplicate certificate of title, due a memorandum of the fact that it is issued in place of the
notice under oath shall be sent by the owner or by someone in his lost or destroyed certificate and shall in all respects be
behalf to the Register of Deeds of the province or city where the entitled to the same faith and credit as the original
land lies as soon as the loss or theft is discovered. If a duplicate duplicate
certificate is lost or destroyed, or cannot be produced by a person
applying for the entry of a new certificate to him or for the PETITION, WHERE FILED
registration of any instrument, a sworn statement of the fact of A petition for replacement shall be filed with the RTC of the place
such loss or destruction may be filed by the registered owner or where the land lies and this is true even if the title was issued
other person in interest and registered. pursuant to a public land patent registered in accordance with
Section 103 of this decree
Upon the petition of the registered owner or other person in
interest, the court may, after notice and due hearing, direct the Section 110. Reconstitution of lost or destroyed original of Torrens
issuance of a new duplicate certificate, which shall contain a title. Original copies of certificates of title lost or destroyed in the
memorandum of the fact that it is issued in place of the lost offices of Register of Deeds as well as liens and encumbrances
duplicate certificate, but shall in all respects be entitled to like faith

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 95 of 128

affecting the lands covered by such titles shall be reconstituted certificate in the names of petitioner and her deceased husband,
judicially in accordance with the procedure prescribed in Republic in lieu of one originally registered in the names of other persons,
Act No. 26 insofar as not inconsistent with this Decree. The the petition should be denied without prejudice to the right of the
procedure relative to administrative reconstitution of lost or parties to take the necessary action under Section 51 and 53 of
destroyed certificate prescribed in said Act is hereby abrogated. PD1529
RA 26 provides for special procedure for the reconstitution of
Notice of all hearings of the petition for judicial reconstitution shall torrens certificate of title that are missing and not fictitious titles
be given to the Register of Deeds of the place where the land is which are existing. Where a certificate of title over a parcel of
situated and to the Commissioner of Land Registration. No order or land was reconstituted judicially and later it was found that there
judgment ordering the reconstitution of a certificate of title shall existed a previous certificate of title covering the same land in the
become final until the lapse of thirty days from receipt by the name of another person, the court ruled that the existence of the
Register of Deeds and by the Commissioner of Land Registration of prior title ipso facto nullified the reconstitution proceedings
a notice of such order or judgment without any appeal having been
filed by any of such officials. SOURCES OF RECONSTITUTION
ORIGINAL CERTIFICATES OF TITLE
JUDICIAL RECONSTITUTION UNDER RA 26 1. The owners duplicate certificate of title
RA 26: An Act Providing a Special Procedure For The 2. The co-owners, mortgagees, or lessees duplicate certificate of
Reconstitution of Torrens Certificate of Titles Lost or Destroyed title
Reconstitution of title is an action in rem 3. A certified copy of the certificate of title, previously issued by the
A judicially reconstituted title has the same validity and legal RD or by a legal custodian thereof
effect as the original thereof, and isnt subject to the reservation 4. An authenticated copy of the decree of registration or patent, as
that it shall be without prejudice to any party whose right or the case may be, pursuant to which the original certificate of title
interest in the property was duly noted in the original at the time was issued
of loss or destruction but which entry or notation hasnt been 5. A document, on file with the RD, by which the property, the
made on the reconstituted title description of which is given in said document, is mortgaged,
The limitation that reconstitution of title should be limited to the leased, or encumbered, or an authenticated copy of said
certificate as it stood at the time of its loss or destruction has document showing that its original has been registered
reference only to changes which alter or affect title of the 6. Any other document which, in the judgment of the court is
registered owner and not to mere liens and other encumbrances sufficient and proper basis for reconstituting the lost or destroyed
certificate of title
RECONSTITUTION DENOTES RESTORATION OF THE LOST TITLE IN
ITS ORIGINAL FORM AND CONDITION FOR TRANSFER CERTIFICATE OF TITLE
Purpose is to have it reproduced, after observing the procedure 1. The owners duplicate certificate of title
prescribed by law in the same form they where when the loss or 2. The co-owners, mortgagees, or lessees duplicate certificate of
destruction occurred title
The fact that the title to the land was lost doesnt mean that the 3. A certified copy of the certificate of title, previously issued by the
lot ceased to be a registered land before the reconstitution of its RD or by a legal custodian thereof
title 4. The deed of transfer or other document, on file in the RD,
As the subject land didnt cease to be titled, it cannot be acquired containing a description of the property, or an authenticated copy
by acquisitive prescription thereof, showing that its original had been registered, and
Reconstitution is proper only when it is satisfactorily shown that pursuant to which the lost or destroyed transfer certificate of title
the title sought to be reconstituted is lost or no longer available was issued
Where the petition for reconstitution wasnt to restore a lost 5. A document, on file with the RD, by which the property, the
registered certificate of title but to re-register and issue a new description of which is given in said document, is mortgaged,

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 96 of 128

leased, or encumbered, or an authenticated copy of said Shall be filed by the registered owner, his assigns, or any person
document showing that its original has been registered having interest in the property with the proper RTC where the
6. Any other document which, in the judgment of the court is same is based on sources enumerated earlier
sufficient and proper basis for reconstituting the lost or destroyed Contents shall be as followed
certificate of title 1. That the owners duplicate had been lost or destroyed
2. That no co-owners, mortgagees, lessees, duplicate had
FOR LIENS AND ENCUMBERANCES been issued or, if any had been issued, the same had
1. Annotations or memoranda appearing on the owners co-owners been lost or destroyed
mortgagees or lessees duplicate 3. The location, area and boundaries of the property
2. Registered documents on file in the RD, or authenticated copies 4. The nature and description of the buildings or
thereof showing that the originals thereof had been registered improvements, if any, which dont belong to the owner of
3. Any other document which, in the judgment of the court is the land, and the names and addresses of the owners of
sufficient and proper basis for reconstituting the liens or such buildings or improvements
encumbrances affecting the property covered by the lost or 5. The names and addresses of the occupants or persons in
destroyed certificate of title possession of the property, of the owners of the adjoining
properties and all persons who may have any interest in
MEANING OF ANY OTHER DOCUMENT the property
As per LRC circular #35, the signed duplicate copy of the petition 6. A detailed description of the encumbrances if any,
to be forwarded to this Commission shall be accompanied by the affecting the property
following: 7. A statement that no deeds or other instruments affecting
o A duly prepared plan of said parcel of land in tracing the property have been presented for registration, or if
cloth, with 2 print copies thereof, prepared by the there be any, the registration thereof hasnt been
government agency which issued the certified technical accomplished, as yet
description, or by a duly licensed Geodetic Engineer who
shall certify thereon that he prepared the same on the REQUIREMENTS OF NOTICE BY PUBLICATION, POSTING AND
basis of a duly certified technical description. Where the MAILING
plan as submitted is certified by the government agency 1. To be published twice, at the expense of the petitioner, in
which issued the same, it is sufficient that the technical successive issues of the Official Gazette
description be prepared by a duly licensed Geodetic 2. To be posted on the main entrance of the provincial building and
Engineer on the basis of said certified plan. of the municipal building of the municipality or city in which the
o The original, 2 duplicate copies, and a Xerox copy of the land is situated
original of the technical description of the parcel of land 3. Copy of the notice to be sent by registered mail or otherwise, at
covered by the certificate of title, duly certified by the the expense of the petitioner, to every person named therein
authorized officer of the Bureau of Lands or the LRC who whose address is known, within 30 days prior the date of hearing
issued the technical description The jurisdiction of the court is hedged in the forewalls of the
o A signed copy of the certification of the RD concerned petition and the published notice of hearing which define the
that the original of the certificate on title on file with the subject matter of the petition.
RD was either lost or destroyed, indicating the name of
the registered owner, if known from the other records in LRC CIRCULAR NO. 35
file in said office.
COMPLIANCE WITH JURISDICTIONAL REQUIREMENTS IS
WHERE TO FILE PETITION; CONTENTS MANDATORY
The court doesnt acquire jurisdiction to hear the petition

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 97 of 128

It is not enough that there is publication in the OG only for there of the LRA of the notice of order or judgment without any appeal
is a posting requirement also. Failure to comply will nullify the having been filed by any such officials
proceedings.
DUTY OF LRA TO PREPARE INVENTORY
RECONSTITUTION IMPROPER WHERE IS NO TITLE TO BE
RECONSTITUTED, OR WHERE THE ORIGINAL CERTIFICATE OF TITLE SOURCES OF RECONSTITUTION; CONTENTS OF PETITION
IN FACT EXISTS Same sources as those enumerated in RA 26
Sections 18 and 19 of RA 26 Accompanied by an affidavit stating, among other things
o That no deed or other instrument affecting the property
ACTION OF THE COURT; RECONSTITUTION; WHEN MANDATORY had been presented for registration, or if there be any,
If the court, after hearing, finds that the documents presented, as the names thereof, the date of its presentation, as well
supported by parole evidence or otherwise, are sufficient, and as the names of the parties, whether the registration of
proper to warrant the reconstitution of the lost or destroyed said deed or instrument is still pending accomplishment
certificate of title, xxx an order for reconstitution shall be issued o That the owners duplicate is not the subject of litigation
The clerk of court shall forward the order to the RD and all or investigation, administrative or judicial, regarding the
documents which, pursuant to said order, are to be used as basis genuineness or due execution and issuance
of the reconstitution o That the owners duplicate certificate or co-owners
If the court finds that there is no sufficient evidence or basis to duplicate is in due form without any apparent intentional
justify the reconstitution, the petition will be dismissed without alterations or erasures
prejudice to the right of the parties entitled thereto to file an o That the certificate was in full force and effect at the time
application for confirmation of title it was lost or destroyed
Sections 15-17 of RA26 o That the certificate was covered by a tax declaration
regularly issued by the Assessors office
THE RD IS NOT A PROPER PARTY TO FILE THE PETITION o That real estate taxes have been fully paid up to at least
2 years prior to the filing of the petition for reconstitution
WRIT OF POSSESSION NOT PROPER IN A RECONSTITUTION
PROCEEDING ACTION ON THE PETITION
All reconstituted titles shall be reproduced by the LRA in at least 3
COURTS ARE CAUTIONED IN GRANTING PETITIONS FOR image copies or in whatever means by which the original can be
RECONSTITUTION reproduced, one copy to be kept by the LRA, the second copy to
be kept by the National Library Archives Division, and the third
ADMINISTRATIVE RECONSTITUTION copy to be secured in a government fire-proof vault, preferably in
Can only be availed of in case of substantial loss or destruction of the Security Printing Plant of the Central Bank
land titles due to flood, fire or other force majeure as determined Such image copy of the original copy of the reconstituted title
by the Administrator shall be considered after due authentication by the LRA, through
Provided that the titles lost or damages should at least be 10% of the RD in the province or city where the land is located
the total number in the possession of the office of the RD After reconstitution, said owners duplicate or co-owners duplicate
That in no case that the number of certificates of titles lost or exhibited as basis for the reconstitution shall be surrendered to
damaged be less than 500 the RD and a new certificate of title issued in lieu thereof, the
Notice of all hearings of the petition for judicial reconstitution shall original of which shall be kept by the RD and the owners duplicate
be furnished the RD of the place where the land is situated and to delivered to the registered owner.
the Administrator of the LRA
No judgment ordering the reconstitution shall be final until the FUNCTION OF THE LRA TO REVIEW AND ADJUDICATE
lapse of 15 days from receipt by the RD and by the Administrator

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 98 of 128

LRA has jurisdiction to act on petitions for administrative (c) When the value of the property is more than ten thousand
reconstitution pesos but does not exceed one hundred thousand pesos, eighty
It has the power to review, revise, reverse, modify or affirm on pesos for the first twenty thousand pesos, or fractional part
appeal the decision of the reconstituting officer thereof, and ten pesos for each additional ten thousand pesos, or
Function is adjudicatory in natureit can properly deliberate on fractional part thereof.
the validity of the titles subject of the reconstitution
(d) When the value of the property is more than one hundred
REMEDY OF AGGRIEVED PARTY thousand pesos but does not exceed five hundred thousand pesos,
A reconstituted title obtained by means of fraud, deceit or other one hundred eighty pesos for the first one hundred twenty-five
machination is void ab initio as against the party obtaining the thousand pesos, or fractional part thereof, and twenty pesos for
same and all persons having knowledge thereof each additional twenty-five thousand pesos, or fractional part
There are two remedies available thereof.
o PETITION FOR REVIEW on the ground of fraud, accident,
mistake, or excusable negligence filed with the proper (e) When the value of the property is more than five hundred
court thousand pesos, five hundred twenty pesos for the first five
o APPEAL FROM THE ORDER OF RECONSTITUTION to the hundred fifty thousand pesos, or fractional part thereof, and forty
LRA administrator pesos for each additional fifty thousand pesos, or fractional part
thereof.
SCHEDULE OF FEES: SPECIAL FUND
If the property has not been assessed for taxation, the fees above
Section 111. Fees payable. The fees payable to the Clerk of Court, prescribed shall be based on the current market value; and the
the Sheriff, the Register of Deeds and the Land Registration applicant shall file with his application a sworn declaration of three
Commission shall be as follows: disinterested persons that the value fixed by him is to their
knowledge a fair valuation.
A. Fees payable to the Clerk of Court. The fees payable to the clerk
of court or his deputies shall be as follows: 2. For filing a petition for review of judgment and decree, or other
claim adverse to the registered owner, for each petition, twenty
1. For filing an application for the registration of land, the fees shall pesos.
be based on the assessed value of the property for the current
year, in accordance with the following schedule 3. For filing a petition after the decision has become final, twenty
pesos. If it affects land decrees in more than one case, for each
(a) When the value of the property does not exceed two thousand additional case, one peso. If it affects several lots or parcels of land
pesos, fifteen pesos for the first five hundred pesos, or fractional in which the petitioners have no common interest, each of such
part thereof, and five pesos for each additional five hundred pesos, petitioners shall pay the corresponding fees as if separate petitions
or fractional part thereof. had been filed by him.

(b) When the value of the property does not exceed two thousand B. Fees payable to the Sheriff. The sheriff shall collect fees for his
pesos but does not exceed ten thousand pesos, thirty five pesos for services rendered in connection with land registration and
the first three thousand pesos, or fractional part thereof, and five cadastral proceedings as follows:
pesos for each additional one thousand pesos, or fractional part
thereof. 1. For posting notices of initial hearing of land registration cases in
conspicuous places on the lands described in the notice, for each
parcel of land on which a copy of such notice is posted, besides
travel fees, three pesos.

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 99 of 128

2. For posting notices of initial hearing of cadastral cases in 6. Court Order. For the annotation of an order of the court for the
conspicuous places on the lands included in the survey, for each amendment of, or the making of a memorandum on, a certificate of
group of one hundred lots on which a copy of the notice is posted, title, except inclusion of buildings or improvements, or any order
besides travel fees, three pesos. directing the registration of a document, or of any right or interest
referred to in said order, or the cancellation of a certificate of title
3. For posting one copy of a notice of initial hearing in a and/or the issuance of a new one, ten pesos for each certificate of
conspicuous place upon the municipal building of the city, title on which the annotation is made, in addition to the fees
municipality, or municipal district in which the land or portion prescribed under paragraphs sixteen or seventeen, as the case may
thereof lies, besides travel fees, three pesos. be, of this subsection, in the same are also due for the registration
of such document, right or interest.
4. For serving notices upon cadastral claimants to appear before
the court, travel fees only as provided in the Rules of Court. 7. Building. For the annotation of an order of the court for the
inclusion of building and/or improvement in a certificate of title,
5. For all other services not mentioned above, the same fees ten pesos for each certificate of title.
including travel fees as provided in the Rules of Court for similar
services. 8. Powers of attorney, letters of administration, appointment of
guardian, resolution or revocation thereof. For registering and
C. Fees payable to the Register of Deeds. The Register of Deeds filing a power of attorney, letters of administration or letters
shall collect fees for all services rendered by him under this Decree testamentary whether or not accompanied by a copy of the
in accordance with the following schedule: testament, certificate of allowance of a will with attested copy of
the will annexed, appointment of guardian for a minor or
1. Original certificate of title. For the entry of one original incompetent person, appointment of receiver, trustee, or
certificate of title and issuance of one owner's duplicate certificate, administrator, articles of incorporation of any corporation,
ten pesos for the first parcel of land described thereon and five association or partnership, or resolution of its board of directors
pesos for each additional parcel. empowering an officer or member thereof to act in behalf of the
same, twenty pesos; and for the annotation of such papers on
2. Entry fee. For each entry fee in the primary entry book, five certificates of title when required by existing laws or regulations,
pesos. five pesos for each certificate of title so annotated: Provided,
however, that when the certificate of allowance of a will and the
3. Attachment, levy, etc. For the annotation of an attachment, levy, letters testamentary or letters of administration are filed together,
writ of execution, adverse claim, five pesos for each parcel of land only one fee shall be collected. For registering an instrument of
affected thereby. revocation of any of the paper mentioned above, five pesos, and if
annotated on the corresponding certificate of title, three pesos for
4. Lis Pendens, etc. For the annotation of a notice of lis pendens, or each certificate of title.
of any document or order in connection therewith, for each of land
affected thereby, five pesos. 9. Notice of tax lien, loss, etc. For the annotation of a notice of tax
lien of any description notice of lost duplicate or copy of a
5. Release of encumbrance. For the annotation of a release of any certificate of title, order of the court declaring such duplicate or
encumbrance, except mortgage, lease, or other lien for the copy null and void, notice of change of address, or the cancellation
cancellation of which a specific fee is prescribed herein, for each of any such annotation, for each certificate of title, five pesos.
parcel of land so released, five pesos; but the total amount of fees
to be collected shall not exceed the amount of fees paid for the 10. Carry over of annotation. For transferring the memorandum of
registration of such encumbrance. an encumbrance of any kind from one certificate of title which is

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 100 of 128

canceled to a new one in lieu thereof, for each memorandum thus contract or agreement, and not as an incidental condition of sale,
transferred, five pesos. transfer or conveyance; the assignment, enlargement, extension or
novation of a mortgage or of any other real right, or a release of
11. Annotation on additional copy of title. For any memorandum mortgage, termination of lease, or consolidation of ownership over
made in a standing co-owner's copy of a certificate of title after a a property sold with pacto de retro; where no specific fee is
similar memorandum has been made in the original thereof, of prescribed therefor in the preceding paragraphs, the fees shall be
each certificate of title, five pesos. based on the value of the consideration in accordance with the
following schedule:
12. No specific fee. For any memorandum made in a certificate of
title for which no specific fee is prescribe above, for each certificate (a) Six thousand pesos maximum. When the value of the
of title, five pesos. consideration does not exceed six thousand pesos, seven pesos for
the first five hundred pesos, or fractional part thereof, and three
13. Transfer to trustee, executor, administrator receiver. For the pesos for each additional five hundred pesos, or fractional part
issuance of a transfer certificate of title, including its duplicate, to a thereof.
trustee, executor, administrator, or receiver, or for the cancellation
of such certificate of title and issuance of a new one, including its (b) Thirty thousand pesos maximum. When the value of the
duplicate, to the cestui que trust in case of trusteeship, ten pesos. consideration is more than six thousand pesos but does not exceed
If the certificate covers more than one parcel or lot, an additional thirty thousand pesos, or fractional part thereof, and eight pesos
fee of five pesos shall be collected for each additional parcel or lot. for each additional two thousand pesos, or fractional part thereof.

14. Transfer certificate of title. For the issuance of a transfer (c) One hundred thousand pesos maximum. When the value of the
certificate of title, including its duplicate, to a person other than consideration is more than thirty thousand pesos but does not
those named in the next preceding paragraph, ten pesos, in exceed one hundred thousand pesos, one hundred fifty pesos for
addition to the fees hereinafter prescribed in paragraph sixteen or the first thirty-five thousand pesos, or fractional part thereof, and
seventeen, as the case may be, of this subsection, if the same are fourteen pesos or each additional five thousand pesos, or fractional
also due. If the certificate covers more than one parcel or lot, an part thereof.
additional fee of five pesos shall be collected for each additional
parcel or lot. (d) Five hundred thousand pesos maximum. When the value of the
consideration is more than one hundred thousand pesos but does
15. Additional copy of title. For the issuance of a new owner's not exceed five hundred thousand pesos, three hundred fifty-two
duplicate or a co-owner's copy of a certificate of title, or any pesos for the first one hundred ten thousand pesos, or fractional
additional duplicate or copy thereof, ten pesos for the first page part thereof, and twenty pesos for each additional ten thousand
and five pesos for each subsequent page, or fraction thereof. pesos, or fractional part thereof.

16. Registration fee. For the registration of a deed of sale, (e) More than five hundred thousand pesos. When the value of the
conveyance, transfer, exchange, partition, or donation; a deed of consideration is more than five hundred thousand pesos, one
sale with pacto de retro, conditional sale, sheriff's sale at public thousand one hundred sixty-two pesos for the first five hundred
auction, sale for non-payment of taxes, or any sale subject to twenty thousand pesos, or fractional part thereof, and thirty pesos
redemption, or the repurchase or redemption of the property so for each additional twenty thousand pesos, or fractional part
sold; any instrument, order, judgment or decree divesting the title thereof.
of the registered owner, except in favor of a trustee, executor,
administrator or receiver; option to purchase or promise to sell; 17. Fees for specific transactions. In the following transactions,
any mortgage, surety, bond, lease, easement, right-of-way, or however, the basis of the fees collectible under paragraph sixteen
other real right or lien created or constituted by virtue of a distinct

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 101 of 128

of this subsection, whether or not the value of the consideration is of lump sum consideration, such portion thereof as obtained for
stated in the instrument, shall be as hereunder set forth: those properties lying within the jurisdiction of the respective
registry after apportioning the total consideration of the sale,
(a) Exchange. In the exchange of real property the basis of the fees conveyance or transfer in accordance with the current assessed
to be paid by each party shall be the current assessed value of the value of such properties.
properties acquired by one party from the other, in addition to the
value of any other consideration, if any, stated in the contract. (g) Conveyance of mortgaged properties. In the sale, conveyance,
or transfer of a mortgaged property, the basis shall be the selling
(b) Hereditary transfer. In the transmission of an hereditary estate price of the property proper plus the full amount of the mortgage,
without partition or subdivision of the property among the heirs, or the unpaid balance thereof if the latter is stated in the
devisees or legatees, although with specification of the share of instrument. If the properties are situated in different cities or
each in the value of the estate, the basis shall be the total current provinces, the basis of the fees in each Registry of Deeds where the
assessed value of the property thus transmitted. instrument is to be registered shall be such sum as obtained for the
properties situated in the respective city or province after
(c) Partition of hereditary estate; Conjugal property. In the apportioning in accordance with the current assessed values of said
partition of an hereditary estate which is still in the name of the properties the total amount of consideration as above computed,
deceased, in which determinate properties are adjudicated to each unless the selling price of the properties in each city or province
heir devisee or legatee, or to each group of heirs, devisees or and the proportionate share thereof in the amount of unpaid
legatees, the basis of the fees to be paid by each person or group, balance of the mortgage are stated in the instrument, in which
as the case may be, shall be the total current assessed value of the case, the aggregate of such selling price and share shall be the
properties thus adjudicated to each person or group. In the case, basis. In any case, however, where the aggregate value of the
however, of conjugal property, the basis of the fees for the consideration as above computed shall be less than the current
registration of one-half thereof in the name of the surviving spouse assessed value of the properties in the city or province concerned,
shall be the total current assessed value of the properties such assessed value shall be the basis of the fees in the respective
adjudicated to said spouse. Registry.

(d) Subdivision or partition. In the partition of real property held in (h) Mortgage of properties in different places. In a mortgage
common by several registered co-owner's the basis of the fees to affecting properties situated in different cities or provinces, the
be paid by each co-owner or group of co-owners shall be the total basis of the fees in each Registry of Deeds where the document is
assessed value of the property taken by each co-owner or group. to be registered shall be such amount as obtained for the
properties lying within the jurisdiction of said Registry after
(e) Conveyance: several lots and parties. In the sale, conveyance apportioning the total amount of the mortgage in accordance with
or transfer of two or more parcels of land in favor of two or more the current assessed value of such properties.
separate parties but executed in one single instrument, the basis
shall be the total selling price paid by each party-buyer, or, in the (i) Release of mortgage. In the release of a mortgage the basis of
case of lump sum consideration, such portion thereof as the fees shall be an amount equal to ten per centum of the total
apportioned in accordance with the assessed value of the amount of obligation secured by the mortgage. If the properties
respective land acquired by each party-buyer. are situated in different cities or provinces, the basis of the fees in
each Registry shall be ten per centum of such sum as obtained for
(f) Conveyance of properties in different places. In the sale, the properties in the respective city or province after apportioning
conveyance, or transfer of properties situated in different cities or the amount of the mortgage in accordance with the current
provinces, the basis of the fees in each Registry of Deeds where the assessed values of such properties. In the case of a partial release,
instrument is to be registered shall be the total selling price of the the fees shall be based on ten per centum of the current assessed
properties situated in the respective city or province, or, in the case value of the property so released in the respective city or province;

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 102 of 128

Provided, however, That where several partial releases had been


registered, the fees corresponding to the final release shall be (o) Consideration not stated or fixed or less than assessed value.
computed on the basis of ten per centum of the difference between In other transactions where the actual value of the consideration is
the amount of the mortgage and the aggregate of the consideration not fixed in the contract or cannot be determined from the terms
used as basis for the collection of the fees paid for the registration thereof, or, in case of a sale, conveyance, or transfer, the
of all previous partial releases. consideration stated is less than the current assessed value of the
property, the basis of the fees shall be the current assessed value
(j) Certificate of sale. In a certificate of sale at public auction by of the property involved in the transaction. If the properties are
virtue of an order of execution or sale for delinquency in the situated in different cities or provinces, the basis of the fees in
payment of taxes, or repurchase of the property so sold, the basis each Registry shall be the current assessed value of the properties
of the fees in each Registry shall be ten per centum of the selling or lying within the jurisdiction of the Registry concerned.
repurchase price of the property lying within the jurisdiction of the
Registry. 18. Issuance of copy of document. For furnishing copies of any
entry, decree, document, or other papers on file, fifty centavos for
(k) Affidavit of consolidation of ownership. In an affidavit for the each hundred words of fraction thereof contained in the copies thus
consolidation of ownership over a property sold with pacto de retro furnished.
or pursuant to an extra judicial foreclosure under the provisions of
Act Numbered Thirty-one hundred and thirty-five, as amended, the 19. Certified copy. For certifying a copy furnished under the next
basis of the fees in each Registry shall be an amount equivalent to preceding paragraph, for each certification, five pesos for one page
ten per centum of the consideration of the sale in the respective and one peso for each additional page certified.
city or province.
20. Certification. For issuing a certificate relative to, or showing the
(l) Contract of lease. In contracts of lease, the basis of the fees in existence or non-existence of, an entry in the registration books or
each Registry shall be the sum total to be paid by the lessee for the a document on file, for each such certificate containing not more
properties situated in the respective city or province during the than two hundred words, five pesos; if it exceeds that number an
entire period specified in the contract, including the extension additional fee of one peso shall be collected for every hundred
contemplated by the parties which may be given effect without the words, or fraction thereof, in excess of the first two hundred
necessity of further registration. If the period is from year to year, words.
or otherwise not fixed, the basis shall be the total amount of
rentals due for thirty months. If the rentals are not distributed, the 21. Research fee. For services rendered in attending to request for
total amount thereof as above computed shall be apportioned to reference or researches on any records or documents on file in the
said properties in accordance with their assessed values, and the Registry, there shall be collected two pesos per document or
proportionate sum thus obtained for each city or province shall be record.
the basis of the fees to be collected in the Registry concerned.
D. Fees payable to the Commissioner of Land Registration. The fees
(m) Termination of lease. In the termination of lease, the basis of payable to the Commissioner of Land Registration shall be as
the fees in each registry shall be ten per centum of the amount follows:
used as basis for the collection of the fees paid for the registration
of said lease. 1. For verification and approval of subdivision plans, the fee shall
be:
(n) Option to purchase or promise to sell. In contracts of option to (a) For each lot ................ P2.00
purchase or promise to sell, the basis of the fees in each Registry (b) For each corner of a lot, irrespective of whether such
shall be ten per centum of the current assessed value of the corner is common to two or more lots ............... 0.20
property subject of such contract in the respective city or province.

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 103 of 128

(c) For each traverse station ............ 3. For each corner in excess of the first twenty corners ...........
0.10 0.40
(d) For each observation ...........
0.50 (b) When the plan to be so prepared contains two or more lots:
(e) In case the plan is a resurveyed or relocation plan an 1. For the first lot, which must be the biggest of the group,
additional 40 per cent of the rates prescribed above shall be irrespective of the number of its corner
collected. .......... P40.00
2. For each additional lot, irrespective of the number of its
Provided, however, that the total fee as computed above, whether corners, said lot being adjacent to the first lot or any other lot
for subdivision and/or consolidation-subdivision survey, .. P15.00
resurveyed or relocation plan, shall in no case be less than P8.00 3. For each non-adjacent lot (other than the first charged lot),
per plan. irrespective of the number of its corners
........... P20.00
2. For changing or correcting the name of any person appearing on 4. If any lot contains more than twenty corners for each
the subdivision plan or other plan in order to have it conform to corner of such lot in the first twenty corners
that stated in the certificate of title covering the land, and for the ......... P0.40
cancellation of an approved plan when so requested by the
interested party, there shall be a fee of P5.00 per plan. 5. For the preparation of a plan in tracing cloth, to be traced from
an existing plan, complete with bearings and distances of corners
3. The rates of fees prescribed in paragraph 1 and 2, inclusive, shall and tie lines, the fee shall be 30 per centum of the fees prescribed
apply to similar services rendered in connection with the in paragraph 4 above.
examination, verification, and approval of consolidation,
consolidation-subdivision, resubdivision, and reconsolidation plans, 6. For the preparation of a plan in tracing cloth, to be copied from
special work order plans on the basis of certified copies of technical an existing plan, complete with bearings and distances of sides and
descriptions of plans approved by the Land Registration tie-lines, but using a different scale, the fee shall be 50 per centum
Commission or the Bureau of Lands, private surveys, and other of the fees prescribed under paragraph 4 above, if made on a
plans of similar nature. reduced scale; or 60 per centum of the same fees, if made on an
enlarged scale.
In the computation of fees relative to lots subject of consolidation
and consolidation-subdivision plans, a fee of two pesos shall be 7. For the preparation of a simple plan or sketch of any available
collected per lot as appearing in the old survey in addition to the survey or plan on any paper other than a tracing cloth, the fee on
fee collectible in paragraph 1 hereof for the new lots. the basis of each lot, shall be as follows:
(a) For the first ten corners or fraction thereof
4. For the preparation of a plan in a tracing cloth of any survey, the ............ P20.00
data of which are available in the Commission, except when the (b) For the second ten corners or fraction thereof
same is merely traced from an existing plan, the fees shall be .............. 5.00
computed as follows: (c) For the third ten corners or fraction thereof
............ 2.00
(a) When the plan to be so prepared contains only one lot: (d) For each corner in excess of the first thirty corners
1. For the first ten corners or fraction thereof ......... .............. 0.20
P40.00 (e) If the sketch is prepared in tracing cloth, add to the total
2. For the next ten corners or fraction thereof .......... fees as above computed ... 5.00
6.00

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 104 of 128

(f) If the plan or sketch so prepared contains the bearing and orders, and other plans of similar nature for the purpose of
distances of the sides and tie-lines, add to the total fees as above verification and/or approval:
computed 10 per centum thereof. (a) For each plan with an aggregate area of 1,000 sq. m. or
less ......... P100.00
8. For furnishing a plan copy (blue-print, or white print) of any plan (b) For each subdivision with an aggregate area of more than
on file in the Commission, the fee shall be as follows: 1,000 sq. m.:
(a) For the copy of any size not exceeding forty square 1. For the first 1,000 s.m. ............. P100.00
decimeters ....... P3.00 2. For every succeeding 1,000 sq. m. or fraction thereof
(b) For one copy of more than forty square decimeters but not ........... 10.00
exceeding eighty square decimeters in size
............ 6.00 12. For actual field work of subdivision survey, relocation survey
(c) For one copy of more than eighty square decimeters but and resurveyed of land, the fees shall be as follows:
not exceeding one hundred twenty square decimeter in size
.. 9.00 (a) Subdivision survey:
(d) For one copy in excess of one hundred twenty square
decimeters in size, the basis rate of nine pesos plus for every 1. Rural (Agricultural)
twenty square decimeters or fraction thereof in excess Area Survey Fee
........ 0.50 For the first hectare ........... P 350.00
For the 2nd ha. to 10th ha. An additional 60.00 per ha.
9. For the preparation of technical descriptions, other than mere For the 11th ha. to 20th ha. An additional P30.00 per ha.
copying from an existing copy, there shall be collected the For the 21st ha. to 30th ha. An additional P20.00 per ha.
following fees: For the 31st ha. to 200th ha. An additional P10.00 per ha.
(a) For technical descriptions of lots or parcels, typewritten in For the 201st ha. or over An additional P8.00 per ha.
triplicate and double-spaced, including certification:
1. For each lot ........... P3.00 A fraction of a hectare shall be considered one hectare.
2. For each corner of a lot ........... 0.20
3. For each extra carbon copy, extra charge .... 0.20 2. Urban (Solar):
4. Minimum total charge ............. 3.00 First 200 sq. m. or less ......... P350.00
(b) For lot description prepared in tracing cloth (on tabulated Succeeding 201 sq. m. or more ........... P20.00 100 sq. m.
form) including certification:
1. For each sheet ......... P1.50 (b) Relocation Survey or Resurveyed:
2. For each lot .......... 0.20
3. For each corner in excess of ten for a lot .... 0.10 The fee for relocation survey or resurveyed shall be one hundred
(c) Any common corner shall be counted as many items as fifty per cent (150%) of the amount of survey fee collectible on the
there are lots to which it pertains. basis of the schedule of fees for subdivision survey as provided in
the preceding paragraph plus one per cent (1%) of the assessed
10. For certification of plans or copies of plans as to the value of the land.
correctness of the same, per plan or print copy P3.00 and for the
issuance of all other certification P5.00 plus one 30-centavo Special Account. Twenty per centum of all the collections of the
documentary stamp to be affixed thereto. Registers of Deeds and of the Land Registration Commission under
this Section and Sections 118 and 116 of this Decree shall be
11. For inspection of land subject of private surveys, simple or appropriated and upon approval of a budget for it by the Ministry of
complex subdivision plans, or consolidation, consolidation- the Budget, such amounts shall be disbursed and all offices under
subdivision, resubdivision, or reconsolidation plans, special work the Land Registration Commission, for the purchase of necessary

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 105 of 128

equipment, for payment of allowances of officials and employees of instrument affecting land not registered under the Torrens system
the Commission, including those of the Registries of Deeds, as shall be valid, except as between the parties thereto, unless such
authorized by the Commissioner, for contracts regarding security instrument shall have been recorded in the manner herein
printing of Land title forms, for survey contracts, and for the prescribed in the office of the Register of Deeds for the province or
maintenance and other operating expenses of the Commission. city where the land lies.

(a) The Register of Deeds for each province or city shall keep a
FORMS USED IN LAND REGISTRATION AND Primary Entry Book and a Registration Book. The Primary Entry
CONVEYANCING Book shall contain, among other particulars, the entry number, the
names of the parties, the nature of the document, the date, hour
Section 112. Forms in conveyancing. The Commissioner of Land and minute it was presented and received. The recording of the
Registration shall prepare convenient blank forms as may be deed and other instruments relating to unregistered lands shall be
necessary to help facilitate the proceedings in land registration and effected by any of annotation on the space provided therefor in the
shall take charge of the printing of land title forms. Registration Book, after the same shall have been entered in the
Primary Entry Book.
Deeds, conveyances, encumbrances, discharges, powers of
attorney and other voluntary instruments, whether affecting (b) If, on the face of the instrument, it appears that it is sufficient
registered or unregistered land, executed in accordance with law in in law, the Register of Deeds shall forthwith record the instrument
the form of public instruments shall be registerable: Provided, that, in the manner provided herein. In case the Register of Deeds
every such instrument shall be signed by the person or persons refuses its administration to record, said official shall advise the
executing the same in the presence of at least two witnesses who party in interest in writing of the ground or grounds for his refusal,
shall likewise sign thereon, and shall acknowledged to be the free and the latter may appeal the matter to the Commissioner of Land
act and deed of the person or persons executing the same before a Registration in accordance with the provisions of Section 117 of
notary public or other public officer authorized by law to take this Decree. It shall be understood that any recording made under
acknowledgment. Where the instrument so acknowledged consists this section shall be without prejudice to a third party with a better
of two or more pages including the page whereon acknowledgment right.
is written, each page of the copy which is to be registered in the
office of the Register of Deeds, or if registration is not (c) After recording on the Record Book, the Register of Deeds shall
contemplated, each page of the copy to be kept by the notary endorse among other things, upon the original of the recorded
public, except the page where the signatures already appear at the instruments, the file number and the date as well as the hour and
foot of the instrument, shall be signed on the left margin thereof by minute when the document was received for recording as shown in
the person or persons executing the instrument and their the Primary Entry Book, returning to the registrant or person in
witnesses, and all the ages sealed with the notarial seal, and this interest the duplicate of the instrument, with appropriate
fact as well as the number of pages shall be stated in the annotation, certifying that he has recorded the instrument after
acknowledgment. Where the instrument acknowledged relates to a reserving one copy thereof to be furnished the provincial or city
sale, transfer, mortgage or encumbrance of two or more parcels of assessor as required by existing law.
land, the number thereof shall likewise be set forth in said
acknowledgment. (d) Tax sale, attachment and levy, notice of lis pendens, adverse
claim and other instruments in the nature of involuntary dealings
with respect to unregistered lands, if made in the form sufficient in
DEALINGS WITH UNREGISTERED LANDS law, shall likewise be admissible to record under this section.

Section 113. Recording of instruments relating to unregistered (e) For the services to be rendered by the Register of Deeds under
lands. No deed, conveyance, mortgage, lease, or other voluntary this section, he shall collect the same amount of fees prescribed for

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 106 of 128

similar services for the registration of deeds or instruments


concerning registered lands. REGISTRATION OF CHATTEL MORTGAGES

REGISTRATION OF INSTRUMENTS DEALING WITH UNREGISTERED Section 114. Recording of chattel mortgages. A chattel mortgage
LAND shall be recorded in the office of the Register of Deeds of the
All instruments affecting lands originally registered under the province or city where the mortgagor resides as well as where the
Spanish Mortgage Law may be recorded under Section 113 until property is situated or ordinarily kept.
the land shall have been brought under the operation of the
Torrens system Section 115. Manner of recording chattel mortgages. Every Register
of Deeds shall keep a Primary Entry Book and a Registration Book
RECORDING OF MINISTERIAL OFFICERS for chattel mortgages; shall certify on each mortgage filed for
Opening paragraph in substance declares that no instrument or record, as well as on its duplicate, the date, hour, and minute when
deed affecting rights to real property not registered under the the same was by him received; and shall record in such books any
Torrens system shall be valid except as between the persons chattel mortgage, assignment or discharge thereof, and any other
thereto, until such instrument or deed shall have been registered instrument relating to a recorded mortgage, and all such
in the manner prescribed therein instruments shall be presented to him in duplicate, the original to
This provision cannot be interpreted to include conveyances made be filed and the duplicate to be returned to the person concerned.
by ministerial officers, such as sheriffs deeds
It contemplates only instruments as may be created through The recording of a mortgage shall be effected by making an entry,
agreement between parties which shall be given a correlative number, setting forth the names
of the mortgagee and the mortgagor, the sum or obligation
RECORDING SHALL BE WITHOUT PREJUDICE TO A THIRD PERSON guaranteed, date of the instrument, name of the notary before
WITH BETTER RIGHT whom it was sworn to or acknowledged, and a note that the
property mortgaged, as well as the terms and conditions of the
RECORDING OF RD MINISTERIAL mortgage, is mentioned in detail in the instrument filed, giving the
RD doesnt exercise a judicial or quasi-judicial power in the proper file number thereof. The recording of other instruments
registration of sheriffs deeds or certificates of sale relating to a recorded mortgage shall be effected by way of
If the RD refuses to register the instrument, he shall advise the annotation on the space provided therefor in the Registration Book,
party in interest in writing of the grounds for his refusal, and the after the same shall have been entered in the primary Entry Book.
latter may elevate the matter to the Administrator en consulta
The Register of Deeds shall also certify the officer's return of sale
HOW RECORDING IS EFFECTED upon any mortgage, making reference upon the record of such
The RD shall keep a primary entry book and a registration book officer's return to the volume and page of the record of the
The primary entry book shall contain an entry number, names of mortgage, and a reference of such return on the record of the
parties, nature of the document, and the date, hour and minute it mortgage itself, and give a certified copy thereof, when requested,
was presented upon payment of the legal fees for such copy thereof, when
The recording shall be effected by annotating on the registration requested, upon payment of the legal fees for such copy and certify
book after the same shall have been entered in the primary entry upon each mortgage officer's return of sale or discharge of
book mortgage, and upon any other instrument relating to such a
After recording, the RD shall endorse on the original of the recorded mortgage, both on the original and in the duplicate, the
instrument the file number and the date as well as the hour and date, hour, and minute when the same is received for record and
minute when the instrument is received, returning to the record such certificate index of mortgagors and mortgagees, which
registrant the duplicate of the instrument with a certification that record and index shall be open to public inspection.
he has recorded the same

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 107 of 128

(e) More than five hundred thousand pesos. When the amount of
Duly certified copies of such records and of filed instruments shall the mortgage is more than five hundred thousand pesos, one
be receivable as evidence in any court. thousand one hundred sixty-two pesos for the initial amount not
exceeding five hundred twenty thousand pesos, and thirty pesos
Section 116. Fees for chattel mortgages, etc. The register of Deeds for each additional twenty thousand pesos or fractional part
shall collect the following fees for services rendered by him under thereof: Provided, however, that registration of the mortgage in
this section: the province where the property is situated shall be sufficient
registration and provided, further, that if the mortgage is to be
1. Entry fee. For entry or presentation of any document in the registered in more than one city or province, the Register of Deeds
Primary Entry Book, five pesos. Supporting papers presented of the city or province where the instrument is first presented for
together with the principal document need not be charged any registration shall collect the full amount of the fees due in
entry or presentation fee unless the party in interest desires that accordance with the schedule prescribed above, and the Register of
they be likewise entered. Deeds of the other city of province where the same instrument is
also to be registered shall collect only a sum equivalent to twenty
2. Chattel Mortgage. For filing and recording each chattel per centum of the amount of fees due and paid in the first city of
mortgage, including the necessary certificates and affidavits, the province, but in no case shall the fees payable in any Registry be
fees established in the following schedule shall be collected: less than the minimum fixed in this schedule.

(a) Six thousand pesos maximum. When the amount of the 3. Conveyance of mortgaged property, etc. For recording each
mortgage does not exceed six thousand pesos, seven pesos for the instrument of sale, conveyance, or transfer of the property which is
first five hundred pesos, or fractional part thereof, and three pesos subject of a recorded mortgage, or of the assignment of mortgage
for each additional five hundred pesos, or fractional part thereof. credit, the fees established in the preceding schedule shall be
collected on the bases of ten per centum of the amount of the
(b) Thirty thousand pesos maximum. When the amount of the mortgage or unpaid balance thereof, provided, that the latter is
mortgage is more than six thousand pesos but does not exceed stated in the instrument.
thirty thousand pesos, forty-eight pesos for the initial amount not
exceeding eight thousand pesos, and eight pesos for each 4. Notice of attachment. For recording each notice of attachment,
additional two thousand pesos or fractional part thereof. including the necessary index and annotations, eight pesos.

(c) One hundred thousand pesos maximum. When the amount of 5. Release of mortgage. For recording such release of mortgage,
the mortgage is more than thirty thousand pesos but does not including the necessary index and references, the fees established
exceed one hundred thousand pesos, one hundred fifty pesos for in the schedule under paragraph (b) above shall be collected on the
the initial amount not exceeding thirty-five thousand pesos, and basis of five per centum of the amount of the mortgage.
fourteen pesos for each additional five thousand pesos of fractional
part thereof. 6. Release of attachment. For recording each release of
attachment, including the proper annotations, five pesos.
(d) Five hundred thousand pesos maximum. When the amount of
the mortgage is more than one hundred thousand pesos but does 7. Sheriff's return of sale. For recording each sheriff's return of
not exceed five hundred thousand pesos, three hundred fifty-two sale, including the index and references, seven pesos.
pesos for the initial amount not exceeding one hundred ten
thousand pesos and twenty pesos for each additional ten thousand 8. Power of attorney, appointment of guardian, administrator or
pesos or fractional part thereof. trustee. For recording a power of attorney, appointment of judicial
guardian, administrator, or trustee, or any other instrument in

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 108 of 128

which a person is given power to act in behalf of another in proprio by the Register of Deeds after final resolution or decision
connection with a mortgage, ten pesos. thereof, or before resolution, if withdrawn by petitioner.

9. No specific fee. For recording each instrument or order relating The Commissioner of Land Registration, considering the consulta
to a recorded mortgage, including the necessary index and and the records certified to him after notice to the parties and
references, for which no specific fee is provided above, five pesos. hearing, shall enter an order prescribing the step to be taken or
memorandum to be made. His resolution or ruling in consultas shall
10. Certified copy. For certified copies of records, such fees as are be conclusive and binding upon all Registers of Deeds, provided,
allowed by law for copies kept by the Register of Deeds. that the party in interest who disagrees with the final resolution,
ruling or order of the Commissioner relative to consultas may
11. Certification. For issuing a certificate relative to, or showing the appeal to the Court of Appeals within the period and in manner
existence or non-existence of an entry in the registration book, or a provided in Republic Act No. 5434.
document on file, for each such certificate containing not more
than two hundred words, five pesos; if it exceeds that number, an DUTY OF REGISTER OF DEEDS TO REGISTER DOCUMENT
additional fee of one peso shall be collected for every one hundred PRESENTED FOR REGISTRATION IS MINISTERIAL
words or fractional part thereof, in excess of the first two hundred
words. MATTERS SHOULD BE LEFT TO THE COURTS FOR DETERMINATION
The powers of the RD are generally regarded as ministerial only
12. Research Fee. For services rendered in attending to requests and said officer has no power to pass upon the legality of an order
for references to, or researches on any document on file in the issued by a court of justice
Registry, there shall be collected a fee of two pesos per document. Whether the document presented for registration is invalid,
frivolous or intended to harass, is not the duty of the RD to decide
CONSULTAS but a court of competent jurisdiction
The question of whether or not a conveyance was made to
defraud creditors of the transferor should better be left for
Section 117. Procedure. When the Register of Deeds is in doubt determination of the proper court
with regard to the proper step to be taken or memorandum to be
made in pursuance of any deed, mortgage or other instrument
REFERENCE OF DOUBTFUL QUESTIONS TO THE LRA VIA CONSULTA
presented to him for registration, or where any party in interest
does not agree with the action taken by the Register of Deeds with APPEAL TO THE COURT OF APPEALS IS THE PROPER REMEDY
reference to any such instrument, the question shall be submitted
AVAILABLE TO A PARTY WHO DOESNT AGREE WITH THE ACTION
to the Commissioner of Land Registration by the Register of Deeds, TAKEN BY THE LRA ADMINISTRATOR
or by the party in interest thru the Register of Deeds.
This is specially governed by Rule 43 of the Rules of Court, which
provides for decisions, orders, resolutions of any quasi-judicial
Where the instrument is denied registration, the Register of Deeds
agency, ilke the LRA, in the exercise of its quasi-judicial functions
shall notify the interested party in writing, setting forth the defects The appeal shall be taken within 15 days from notice of the
of the instrument or legal grounds relied upon, and advising him
decision, order of resolution
that if he is not agreeable to such ruling, he may, without If no appeal is filed within said period, the decision, order or
withdrawing the documents from the Registry, elevate the matter
resolution shall become final and may be executed as provided by
by consulta within five days from receipt of notice of the denial of existing law.
registration to the Commissioner of Land Registration.

The Register of Deeds shall make a memorandum of the pending FINAL PROVISIONS
consulta on the certificate of title which shall be canceled motu

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 109 of 128

Section 118. Appropriation. There is hereby appropriated initially 1. There are 4 petitionspetition for surrender of title, petition for
the sum of TWELVE MILLION THREE HUNDRED FORTY THOUSAND correction, amendments, or alterations in the certificate of title,
PESOS (P12,340,000.00) from the National Treasury not otherwise petition for the issuance of new owners duplicate of title, petition
appropriated for the implementation of this decree; thereafter, said for reconstitution
sum shall be added to the regular appropriation act of every year. 2. Petition for the surrender of the owners duplicate of titlethe law
speaks of two instances. The first one involves involuntary
Section 119. Postage exemption. No postage stamps or mailing transactions and the other one, voluntary transactions. In both
charges shall be required in all matters transmitted by the Land instances the procedure is to file a petition in the RTC for the
Registration Commission or any of its Registry of Deeds in the owner to surrender the owners duplicate of title.
implementation of Sections 21, 40, 106, 118 and 117 of this 3. If the owners duplicate of title is lost, the law requires that notice
Decree. under oath be given to the RD. There should be a verified
affidavit that will serve as notice to the RD that the particular
Section 120. Repealing clause. All laws, decrees, orders, rules and owners duplicate is lost. This will prevent any transaction that
regulations, or parts thereof, in conflict or inconsistent with any of may arise from the loss of the owners duplicate. This particular
the provisions of this Decree are hereby repealed or modified petition would prosper and the corresponding duplicate issued will
accordingly. be valid if the owners duplicate is really lost. When the owners
duplicate is still existing upon filing of petition, the court doesnt
Section 121. Separability clause. In the event that any provision of acquire jurisdiction and the proceedings are null and void. The
this Decree is declared unconstitutional, the validity of the title is null and void and thus, can be attacked collaterally.
remainder shall not be affected thereby. 4. Petition for reconstitution is filed when the certificate of title has
been lost or destroyed. This pertains to original and transfer
Section 122. Effectivity. This Decree shall take effect upon its certificates of title as well as encumbrances and liens. Purpose is
approval. to bring back to its original form and state. No addition nor
reductions. If it is found out that the certificate is not lost or
Done in the City of Manila, this 11th day of June, in the year of Our destroyed, court doesnt attack jurisdiction and proceedings are
Lord, nineteen hundred and seventy-eight. null and void.
5. There are two kinds of restitutionjudicial and administrative.
Judicial is when you file a petition in court. Administrative is when
CASES: PETITIONS, RECONSTITUTIONS, ETC. you file the petition with the RD. It is easier with the RD as you
1. Office of Court Administrator vs. Matas 247 SCRA 9 have to file it with the reconstituting officer of the RD only.
2. PNB vs. International Corporate Bank 199 SCRA 508 6. The court in entertaining petitions for reconstitution should be
3. New Durawood vs. CA 253 SCRA 740 careful and cautious. Section 12 and 13 are mandatory
4. Bunagan vs. CFI 97 SCRA 72 requirements. Section 12 refers to the contents requirement as
5. Dizon vs. Discaya 303 SCRA 197 13 refers to the publication requirements.
6. Republic vs. IAC 157 SCRA 62 7. The reconstitution proceedings are proceedings in rem.
7. Republic vs. CA 247 SCRA 551 8. Section 2 and 3 of RA 26 will tell the different documents or
8. Serra vs, CA 195 SCRA 482 evidence that you can submit for a petition for reconstitution can
9. Alabang Dev. vs. Valenzuela 116 SCRA 261 prosper. Sources found in the law are in a hierarchy of
10. Manotoc vs. Barque Dec. 12, 2005 preference. First and foremost in this list, may it be for the
11. Radiowealth vs. Palileo 197 SCRA 245 original or transfer certificates of title is the owners duplicate of
12. Baranda vs. Gustilo 165 SCRA 757 title.
9. The phrase Any other document will pertain to documents
CADIZ NOTES: similar to those previously enumerated. An example is a case
pertaining to an action for the recovery of possession. The court

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 110 of 128

decision contained the technical description of the land and


whatnot as would pertain to any other document that warrants a) "Condominium" means a condominium as defined in the next
reconstitution. preceding section.
10. Administrative reconstitution is warranted in cases where the
number of certificates lost is not less than 500 and the cause of b) "Unit" means a part of the condominium project intended for
the loss or destruction is by fire, flood or any other force majeure. any type of independent use or ownership, including one or more
If you pass these requirements, then administrative reconstitution rooms or spaces located in one or more floors (or parts of floors) in
is allowed. If you are not satisfied, you can go to the LRA within a building or buildings and such accessories as may be appended
15 days from the receipt of the decision. If not the LRA, file a thereto; provided, that in the case of an industrial estate wherein
petition for review with the proper court or specifically, the RTC. the condominium project consists of several buildings, plants and
This can be done within 60 days from knowledge of decision but factories may, by themselves, be considered separately as
not later than 6 months from promulgation of decision. individual units as herein defined."
11. The reconstituted title should be in the form and condition as the
original lost title. c) "Project" means the entire parcel of real property divided or to
12. All these petitions and motions should be filed with the same be divided in condominiums, including all structures thereon.
registration case. This is specifically provided for in Section 108.
You will use the same case number wherein the title was issued. d) "Industrial Estate or Estate" means a certain tract of land which
is subdivided and developed primarily for industrial purposes and
CONDOMINIUM ACT which usually includes provisions for basic infrastructure facilities
and common services such as roads, water, electricity, drainage
and waste disposal system.
SECTION 1. The short title of this Act shall be "The Condominium
Act".
e) "Common areas" means the entire project except all units
separately granted or held or reserved.
SECTION 2. A Condominium is an interest in real property
consisting of a separate interests in a unit in a residential,
f) "To divide" real property means to divide the ownership thereof
industrial or commercial building or in an industrial estate and an
or other interests therein by conveying one or more condominium
undivided interests in common, directly and indirectly, in the land,
therein but less than the whole thereof.
or the appurtenant interest of their respective units in the common
areas.
SECTION 4. The provisions of this Act shall apply to property
divided or to be divided into condominium only if there shall be
The real right in condominium may be ownership or any interest in
recorded in the Register of Deeds of the province or city in which
real property recognized by law, on property in the Civil Code and
the property lies, and duly annotated in the corresponding
other pertinent laws."
certificate of title of the land, if the latter had been patented or
registered under either the Land Registration or Cadastral Acts, an
INCORPORATORS OF A CONDOMINIUM CORPORATION MUST BE
enabling or master deed which shall contain, among others, the
SHAREHOLDERS
following:
It is an indispensable requirement that all incorporators of a
condominium corporation must be shareholders thereof
a) Description of the land on which the building or buildings and
To be a shareholder, one must necessarily be an owner of a
improvements are to be located;
condominium unit
b) Description of the building or buildings, stating the number of
SECTION 3. As used in this Act, unless the context otherwise
storeys and basement, the number of units and their accessories, if
requires:
any;

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 111 of 128

corporation: provided, however. That where the common areas in


c) Description of the common areas and facilities; the condominium project are held by the owners of separate units
as co-owners hereof, no condominium unit therein shall be
d) A statement of the exact nature of the interest acquired or to be conveyed or transferred to persons other than Filipino citizens or
acquired by the purchased in the separate units and the common corporation at least 60% of the capital stock of which belong to
areas of the condominium projects. Where title to or to Filipino citizens, except in cases of hereditary succession. Where
appurtenant interests in the common areas is to be held by a the common areas in a condominium project are held by a
condominium corporation, a statement to this effect shall be corporation, no transfer or conveyance of a unit shall be valid if the
included; concomitant transfer of the appurtenant membership or
stockholding in the corporation will cause the alien interest in such
e) A certificate of the registered owner of the property, if he is corporation to exceed the limits imposed by existing laws.
other than those executing the master deed, as well as of all
registered holders of any lien or encumbrances on the property, THE OWNER OF A UNIT IS CONSIDERED A SHAREHOLDER IN THE
that they consent to the registration of the deed; CONDOMINIUM CORPORATION
Any transfer or conveyance of a unit or an apartment, office or
f) The following plans shall be appended to the deed as integral store or other space therein, shall include the transfer or
parts thereof: conveyance of the undivided interest in the common areas or in a
1. A survey plan of the land included in the project, unless a survey proper case, the membership or share holdings in the
plan of the same property had previously been filed in said office; condominium corporation
Not every purchaser of a condominium unit is a shareholder of the
2. A diagrammatic floor plan of the building or buildings each unit, condominium corporation. The Condominium Act leaves it to the
its relative location and approximate dimensions. master deed the determination of when the shareholding will be
transferred to the purchaser of a unit
g) Any reasonable restriction not contrary to law, morals, or public The provisions of this Act shall apply to property divided or to be
policy regarding the right of any condominium owner to alienate or divided into condominium only if there shall be recorded in the
dispose off his condominium. Register of Deeds of the province or city in which the property
lies, and duly annotated in the corresponding certificate of title of
h) The enabling or master deed may be amended or revoked upon the land, xxx an enabling or master deed which shall contain,
registration of an instrument executed by a simple majority of the among others, the following: xxx A statement of the exact nature
registered owners of the property: Provided. That in a of the interest acquired or to be acquired by the purchased in the
condominium project exclusively for either residential or separate units and the common areas of the condominium
commercial use, simple majority shall be on a per unit of ownership projects. Where title to or to appurtenant interests in the common
basis and that in the case of mixed use, simple majority shall be on areas is to be held by a condominium corporation, a statement to
a floor area of ownership basis: Provided, further, That prior this effect shall be included
notifications to all registered owners shall be submitted to the Inasmuch as ownership is conveyed only upon full payment of the
Housing and Land Use Regulatory Board and the city/municipal purchase price, it necessarily follows that a purchaser of a unit
engineer for approval before it can be registered. Until registration who hasnt paid the full purchase price is not the owner of the unit
of a revocation, the provisions of this Act shall continue to apply to and consequently is not a shareholder of the Condominium
such property. Corporation

SECTION 5. Any transfer or conveyance of a unit or an apartment, WHEN A PERSON AUTOMATICALLY CEASES AS A STOCKHOLDER
office or store or other space therein, shall include the transfer or Section 10membership in a condominium corporation regardless
conveyance of the undivided interest in the common areas or in a of whether it is stock or non-stock corporation, shall not be
proper case, the membership or share holdings in the condominium transferable separately from the condominium unit of which it is

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 112 of 128

an appurtenance. When a member or a stockholder ceases to own estate condominium unit, such right may be exercised over the
a unit in the project in which the condominium corporation owns external surfaces of the said unit.
or holds the common area, he shall automatically cease to be a
member or stockholder of the condominium corporation. f) Each condominium owner shall have the exclusive right to
mortgage, pledge or encumber his condominium and to have the
SECTION 6. Unless otherwise expressly provided in the enabling or same appraised independently of the other condominium owner.
master deed or the declaration of restrictions, the incidents of a
condominium grant are as follows: g) Each condominium owner has also the absolute right to sell or
dispose of his condominium unless the master deed contains a
a) the boundary of the unit granted are the interior surfaces of the requirements that the property be first offered to the condominium
perimeter walls, floors, ceiling, windows and doors thereof: owners within a reasonable period of time before the same is
provided, that in the case of an industrial estate condominium offered to outside parties;
projects, wherein whole buildings, plants or factories may be
considered as unit defined under section 3 (b) hereof, the boundary SECTION 7. Except as provided in the following section, the
of a unit shall include the outer surfaces of the perimeter walls of common areas shall remain undivided, and there shall be no
said buildings, plants or factories. The following are not part of the judicial partition thereof.
unit: bearing walls, columns, floors, roofs, foundations, and other
common structural elements of the buildings; lobbies, stairways, SECTION 8. Where several persons own condominium in a
hall ways and other areas of common use, elevator equipment and condominium project, an action may be brought by one or more
shafts, central heating, central refrigeration and central air such person for partition thereof, by sale of the entire project, as if
conditioning equipment, reservoir, tanks, pumps and other central the owners of all the condominium in such project were co-owners
services and facilities, pipes, ducts, flues, chutes, conduits wires of the entire project in the same proportion as their interests in the
and other utility installations, wherever located, except the outlets common areas; Provided, however, that a partition shall be made
thereof when located within the unit." only upon a showing:

b) There shall pass with the unit, as an appurtenant thereof, an a) That three years after damage or destruction to the project
exclusive casement for the use of the air space encompasses by the which renders a material part thereof unfit for its use prior thereto,
boundaries of the unit as it exists at any particular time and as the the project had not been rebuilt or repaired substantially to its
unit may lawfully be altered or reconstructed from time to time. state prior to its damage or destruction; or
Such easement shall be automatically terminated in any air space
upon destruction of the units as to render it untenantable. b) That damage or destruction to the project has rendered one half
or more of the units therein untenantable and that condominium
c) Unless otherwise provided, the common areas are held in owners holding in aggregate more than 30 percent interest in the
common by the holders of units, in equal share one for each unit. common areas are opposed to the repair or restoration of the
projects; or
d) A non-exclusive easement for ingress, egress and support
through the common areas in appurtenant to each unit and the c) That project has been in existence in excess of 50 years, that it
common areas are subject to such easement. is obsolete and uneconomical, and that condominium owners
holding in aggregate more than 50 percent interest in the common
e) Each condominium owner shall have the exclusive right to paint, areas are opposed to repair or restoration or remodeling or
repaint, tile, wax, paper or otherwise refinish and decorate the modernizing of the project; or
inner surfaces of the walls, ceilings, floors, windows and doors
hounding his own unit: provided, that in the case of an industrial d) That the project or a material part thereof has been condemned
or expropriated and that the project is no longer viable, or that the

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 113 of 128

condominium owners holding in aggregate more than 70 percent 9. For a power of attorney to the management body to sell the
interest in the common areas are opposed to the continuation of entire project for the benefit of all of the owners thereof
the condominium regime after expropriation or condemnation of a when partition of the project may be authorized under
material proportion thereof; or Section 8 of this Act, which said power shall be binding
upon all of the condominium owners regardless or whether
e) That the condition for such partition by sale set forth in the they assume the obligations of the restrictions or not
declaration of restrictions duly registered in accordance with the
terms of this Act, have been met. b) The manner and procedure for amending such restrictions,
provided, that the vote of not less than a majority in interest of the
SECTION 9. The owner of a project shall, prior to the conveyance of owners is obtained;
any condominium therein, register a declaration or restrictions,
relating to such project, which restrictions shall ensure to a bind all c) For independent audit of the accounts of the management body;
condominium owners in the project , such liens, unless otherwise,
provided, may be enforced by any condominium owner in the d) For reasonable assessments to meet authorized expenditures,
project or by the management body of such project. The Register of each condominium unit to be assessed separately for its share of
Deeds shall enter and annotate the declaration of restrictions, upon such expenses in proportion (unless otherwise provided) to its
the Certificate of Title covering the land included within the proper, owner's fractional interest in any common areas;
if the land is patented or registered under the Land Registration or
Cadastral Acts. e) For the subordination of the liens securing such assessments to
Such declaration of restrictions, among the other things, may also other lien either generally or specifically described;
provide:
a) As to management body f) For conditions, other than those provided for in Section 8 and 13
1. For the power thereof, including power to enforce the of this Act, upon which partition of the project and dissolution of
provisions of the declarations of restrictions; the condominium corporation may be made. Such right to partition
2. For the maintenance of insurance policies insuring or dissolution may be conditioned upon failure of the condominium
condominium owners against loss by the, casualty, liability, owners to rebuild within a certain period or upon specified
workmen's compensation and other insurable risks and for percentage of damage to the building, or upon a decision of an
bonding of the members of any management body; arbitration, or upon any other reasonable condition.
3. Provisions for maintenance, utility, gardening and other
services benefiting the common areas for the operations of SECTION 10. Whenever the common areas in a condominium
the building, and legal, accounting and other professional project are held by a condominium corporation, such corporation
and technical services; shall constitute the management body of the project. The corporate
4. For purchase of materials, supplies and the like needed by purposes of such a corporation shall be limited to the holding of the
the common areas; common areas; either the ownership of any other interest in real
5. For payment of taxes and special assessment which would property recognized by the law, to the management of the project,
be a lien upon the entire project or common areas, for and to such other purposes as maybe necessary, incidental or
discharge of my encumbrance levied against the entire convenient to the accomplishment of said purposes. The articles of
project of the common areas; incorporation or by laws of the corporation shall not contain any
6. The manner for delegation of its powers; provision contrary to or inconsistent with the provision of this Act,
7. For reconstruction of any portion or portions of any the enabling or master deed, or the declaration of restrictions of
damage to or destruction of the project; the project, membership in a condominium corporation regardless
8. For entry by its officers and agents into any unit when of whether it is stock or non-stock corporation, shall not be
necessary in connection with the maintenance or transferable separately from the condominium unit of which it is an
construction for which such body is responsible; appurtenance. When a member or a stockholder ceases to own a

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 114 of 128

unit in the project in which the condominium corporation owns or regime after expropriation or condemnation of a material portion
holds the common area, he shall automatically cease to be a thereof; or
member or stockholder of the condominium corporation.
e) That the conditions for such a dissolution set forth in the
SECTION 11. The registration and regulation of a condominium declaration of restrictions of the project in which the corporation,
corporation shall be vested with the Housing And Land Use are opposed to the continuation of the condominium regime after
Regulatory Board (HLURB) and the term of the said corporation expropriation or condemnation of a material portion thereof; or
shall be coterminous with the duration of the subdivision projects,
the provision of the corporation law to the contrary SECTION 14. The condominium corporation may also be dissolved
notwithstanding. by the affirmative vote of all the stockholders or members thereof
at a general or special meeting duly called for such purpose:
SECTION 12. The dissolution of the condominium corporation in Provided, that all the requirements of Section 62 of the Corporation
any manner and any of the causes provided by law shall be Law are complied with.
governed by the provisions of the Title XIV of the Corporation Code.
SECTION 13. Until the enabling or the master deed of the project in SECTION 15. Unless otherwise provided for in the declaration of
which the condominium corporation owns or holds the common restrictions, upon voluntary dissolution of a condominium
areas is revoked the corporation shall not be voluntarily dissolved corporation in accordance with the provisions of Section 13 and 14
through an action for dissolution under Rule 104 of the Rules of of this Act, the corporation shall be deemed to hold a power of
Court except upon a showing: attorney from all the members or stockholders to sell and dispose
a) The three years after damage or destruction to the project in of their separate interests in the project and liquidation of the
which damage or destruction renders a materials part thereof unfit corporations shall be affected by a sale of the entire project as if
for its use prior thereto, the project has not been rebuilt or the corporation owned the whole thereof, subject to the rights of
repaired substantially to its state prior to its damage or the corporation and of individual condominium creditors.
destruction; or
SECTION 16. A condominium corporation shall not, during its
b) The damage or destruction to the project has rendered one half existence, sell, exchange, lease or otherwise dispose of the
or more of the units therein untenantable and that more than 30 common areas owned or held by it in the condominium project
percent of the member of the corporation entitled to vote, if a stock unless authorized by the affirmative vote of a simple majority of
corporation, are opposed to the repair or reconstruction of the the registered owners: provided, that prior notification to all
project; or registered owners are done and provided further, that the
condominium corporation may expand or integrate the project with
c) That the project has been in existence excess of 50 years, that it another upon the affirmative vote of a simple majority of the
is obsolete and uneconomical and that more than 50 percent of the registered owners, subject only to the final approval of the HLURB.
members of the corporation if non-stock or stockholders
representing more than 50 percent of the capital stock entitled to SECTION 17. Any provisions of the Corporations Law to the
vote, if a stock corporation, are opposed to the repair or restoration contrary not withstanding, the by-laws of a condominium
or remodeling or modernizing of the project; or corporation shall provide. That a stockholder or member shall not
be entitled to demand payment of his shares or interest in those
d) That project or material part thereof has been condemned or cases where such right is granted under the Corporation Law
expropriated and that the project is no longer viable or that the unless the consents to sell his separate interest in the project to
members holding in aggregate more than 70 percent interest in the the corporation or to any purchaser of the corporation's choice who
corporation if non-stock, or the stockholders representing more shall also buy from the corporation the dissenting member or
than 70 percent of the capital stock entitled to vote, if a stock stockholder's interest. In case of disagreement as to price, the
corporation, are opposed to the continuation of the condominium procedure set forth in the appropriate provisions of the Corporation

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 115 of 128

Law for valuation of shares shall be allowed. The corporation shall be an obligation of the owner thereof at the time the assessment is
have two years within which to pay for the shares or furnish a made. The amount of any such assessment plus any other charges
purchaser of its choice from the time of award. All expenses thereon, such as interest, costs (including attorney's fee) and
incurred in the liquidation of interest of the dissenting member or penalties, as such may be provided for in the declaration of
stockholder shall be borne by him. restrictions, shall be and become a lien upon the condominium to
be registered with the Register of Deed of the City or province
SECTION 18. Upon registration of an instrument conveying a where such condominium project is located. The notice shall state
condominium, the Register of Deed shall, upon payment of the the amount of such assessment and such other charges thereon as
proper fees, enter and annotate the conveyance on the certificate may be authorized by the declaration of restrictions, a description
of title covering the land included within the project and the of condominium unit against which same has been assessed, and
transferee shall be entitled to the issuance of a "condominium the name of the registered owner thereof. Such notice shall be
owners" copy of the pertinent portion of such certificate of title. signed by an authorized representative of the management body or
Said "Condominium Owner's" copy need not reproduce the as otherwise provided in the declaration of restrictions. Upon
ownership status of other condominium in the project. A copy of payment of said assessment and charges of other satisfaction
the description of land, a brief description of condominium thereof, the management body shall cause to be registered a
conveyed, name and personal circumstances of the condominium released of the lien.
owner would be sufficient for purposes of the "condominium Such lien shall be superior to all other liens registered subsequent
owners" copy of the certificate of title. No conveyance of to the registration of said notice of assessment except real
condominium or part thereof, subsequent to the original property tax liens and except that the declaration of restrictions
conveyance thereof from the owner of the project, shall be may provide for the subordination thereof to any other liens and
registered unless accompanied by a certificate of the management encumbrances, such liens may be enforced in the same manner
body of the project that such conveyance is in accordance with the provided for by law for the judicial or extra-judicial foreclosure of
provisions of the declaration of restrictions of such project. mortgage or real property. Unless otherwise provided for in the
In case of condominium project registered under the provisions of declaration of the restrictions, the management body shall have
the Spanish Mortgage Law or Act 3344 as amended, the power to bid at foreclosure sale. The condominium owner shall
registration of the deed of conveyance of a condominium shall be have the right of redemption as in cases of judicial or extra-judicial
sufficient if the Register of Deed shall keep the original or signed foreclosure of mortgages.
copy thereof, together with the certificate of the management body
of the project, and return a copy of the deed of conveyance to the SECTION 21. No labor performed or services or materials furnished
condominium owner duly acknowledged and stamped by the without the consent of or at the required of a condominium owner
Register of Deeds in the same manner as in the case of registration or his agent or his contractor or sub-contractor, shall be the basis
of conveyance is in accordance with the provisions of the of a lien against the condominium of any other condominium
declaration of restrictions of such project. owner, unless such other owner have expressly consented to or
requested the performance of such labor or furnishing of such
SECTION 19. Where the enabling or master deed provides that the materials or services. Such express consent shall be deemed to
land included within a condominium project are to be owned in have given by the owner of any condominium in the case of
common by the condominium owners therein the Register of Deeds emergency repairs of his condominium unit. Labor performed or
may at the request of all the condominium owner and upon services or materials furnished for the common areas, if duly
surrender of all their condominium owner's copies, cancel the authorized by the management body provided for in a declaration
certificate of title of the property and issue a new one in the name of restriction governing the property, shall be deemed to be
of said condominium owners as pro-indiviso co-owners thereof. approved by the condominium owner. The owner of any
condominium may remove his condominium from a lien against two
SECTION 20. The assessment upon any condominium made in of the lien of the fraction of the total sum secured by such lien
accordance with a duly registered declaration of restrictions shall which is attributable to his condominium unit.

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 116 of 128

SECTION 28. This act shall take effect upon its approval.
SECTION 22. Unless otherwise provided for by the declaration of Approved, June 18, 1966.
restrictions, the management body, provided for herein, may
acquire and hold, for the benefit of the condominium owners, PRESIDENTIAL DECREE No. 957
tangible personal property and may dispose of the same by sale or
REGULATING THE SALE OF SUBDIVISION LOTS AND
otherwise, and the beneficial interest in such personal property
shall be owned by the condominium owners in the same proportion CONDOMINIUMS, PROVIDING PENALTIES FOR
as their respective interests in the common areas. A transfer of a VIOLATIONS THEREOF
condominium shall transfer to the transferee ownership of the
transferor's beneficial interest in such personal property. WHEREAS, it is the policy of the State to afford its inhabitants the
requirements of decent human settlement and to provide them
SECTION 23. Where, in an action for partition of a condominium with ample opportunities for improving their quality of life;
corporation on the ground that the project or a material part
thereof has been condemned or expropriated, the court finds that WHEREAS, numerous reports reveal that many real estate
the condition provided in this Act or in the declaration have not subdivision owners, developers, operators, and/or sellers have
been met, the court may decree a reorganization of the project reneged on their representations and obligations to provide and
declaring which portion or portions of the project shall continue as maintain properly subdivision roads, drainage, sewerage, water
a condominium project, the owners thereof, and the respective systems, lighting systems, and other similar basic requirements,
rights of the remaining owners and the just compensation, if any, thus endangering the health and safety of home and lot buyers;
that a condominium owner may be entitled to due to deprivation of
his property. Upon receipt of a copy of the decree, the Register of WHEREAS, reports of alarming magnitude also show cases of
Deeds shall enter and annotate the same on the pertinent swindling and fraudulent manipulations perpetrated by
certificate of title. unscrupulous subdivision and condominium sellers and operators,
such as failure to deliver titles to the buyers or titles free from liens
SECTION 24. Any deed declaration or plan for a condominium and encumbrances, and to pay real estate taxes, and fraudulent
project shall be liberally construed to facilitate the operation of the sales of the same subdivision lots to different innocent purchasers
project, and its provisions shall be presumed to be independent for value;
and several.
WHEREAS, these acts not only undermine the land and housing
SECTION 25. The building and design standards for condominium program of the government but also defeat the objectives of the
projects to be promulgated by HLURB shall provide for, among New Society, particularly the promotion of peace and order and the
others, accessibility features for disabled persons pursuant to enhancement of the economic, social and moral condition of the
Batas Pambansa Bilang 344 of 1994. Filipino people;

SECTION 26. Whenever real property has been divided into WHEREAS, this state of affairs has rendered it imperative that the
condominiums, each condominium separately owned shall be real estate subdivision and condominium businesses be closely
separately assessed, for purposes of real property taxation and supervised and regulated, and that penalties be imposed on
other tax purposes, to the owners thereof and tax on each such fraudulent practices and manipulations committed in connection
condominium shall constitute a lien solely thereon. therewith.

SECTION 27. All acts or parts of Acts in conflict on inconsistent with NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the
this Act are hereby amended insofar as condominium and its Philippines, by virtue of the powers vested in me by the
incidents are concerned. Constitution, do hereby decree and order:

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 117 of 128

TITLE AND DEFINITIONS (e) Subdivision lot. "Subdivision lot" shall mean any of the lots,
whether residential, commercial, industrial, or recreational, in a
Section 1. Title. This Decree shall be known as THE SUBDIVISION subdivision project.
AND CONDOMINIUM BUYERS' PROTECTIVE DECREE.
(f) Complex subdivision plan. "Complex subdivision plan" shall
Section 2. Definition of Terms When used in this Decree, the mean a subdivision plan of a registered land wherein a street,
following terms shall, unless the context otherwise indicates, have passageway or open space is delineated on the plan.
the following respective meanings:
(a) Person. "Person" shall mean a natural or a juridical person. A (g) Condominium project. "Condominium project" shall mean the
juridical person refers to a business firm whether a corporation, entire parcel of real property divided or to be divided primarily for
partnership, cooperative or associations or a single proprietorship. residential purposes into condominium units, including all
structures thereon.
(b) Sale or sell. "Sale" or "sell" shall include every disposition, or
attempt to dispose, for a valuable consideration, of a subdivision (h) Condominium unit. "Condominium unit" shall mean a part of
lot, including the building and other improvements thereof, if any, the condominium project intended for any type of independent use
in a subdivision project or a condominium unit in a condominium or ownership, including one or more rooms or spaces located in one
project. "Sale" and "sell" shall also include a contract to sell, a or more floors (or part of parts of floors) in a building or buildings
contract of purchase and sale, an exchange, an attempt to sell, an and such accessories as may be appended thereto.
option of sale or purchase, a solicitation of a sale, or an offer to
sell, directly or by an agent, or by a circular, letter, advertisement (i) Owner. "Owner" shall refer to the registered owner of the land
or otherwise. subject of a subdivision or a condominium project.

A privilege given to a member of a cooperative, corporation, (j) Developer. "Developer" shall mean the person who develops or
partnership, or any association and/or the issuance of a certificate improves the subdivision project or condominium project for and in
or receipt evidencing or giving the right of participation in, or right behalf of the owner thereof.
to, any land in consideration of payment of the membership fee or
dues, shall be deemed a sale within the meaning of this definition. (k) Dealer. "Dealer" shall mean any person directly engaged as
principal in the business of buying, selling or exchanging real
(c) Buy and purchase. The "buy" and "purchase" shall include any estate whether on a full-time or part-time basis.
contract to buy, purchase, or otherwise acquire for a valuable
consideration a subdivision lot, including the building and other (l) Broker. "Broker" shall mean any person who, for commission or
improvements, if any, in a subdivision project or a condominium other compensation, undertakes to sell or negotiate the sale of a
unit in a condominium project. real estate belonging to another.

(d) Subdivision project. "Subdivision project" shall mean a tract or (m) Salesman. "Salesman" shall refer to the person regularly
a parcel of land registered under Act No. 496 which is partitioned employed by a broker to perform, for and in his behalf, any or all
primarily for residential purposes into individual lots with or functions of a real estate broker.
without improvements thereon, and offered to the public for sale,
in cash or in installment terms. It shall include all residential, (n) Authority. "Authority" shall mean the National Housing
commercial, industrial and recreational areas as well as open Authority.
spaces and other community and public areas in the project.
REGISTRATION AND LICENSE TO SELL

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 118 of 128

Section 3. National Housing Authority The National Housing On the issue of affirmance-by-inaction failure on the part of the
Authority shall have exclusive jurisdiction to regulate the real President to act upon an appeal doesnt necessarily mean that the
estate trade and business in accordance with the provisions of this appealed decision automatically becomes final and executory.
Decree. Access to the courts of law may still be made as mentioned above.
Therefore, such decision is far from being final and executory.
JURISDICTION OF THE NATIONAL HOUSING AUTHORITY
The scope of the regulatory authority of the NHA is indicated in FUNCTIONS OF THE NHA NOW TRANSFERRED TO THE HLURB
the second and third paragraph of the preamble The regulatory functions of the NHA are now transferred to the
o WHEREAS, subdivision owners, developers, operators, HLURB such as jurisdiction over unsound real estate businesses
and/or sellers have reneged on their representations and and claims involving refund and any other claims filed by
obligations to provide and maintain properly subdivision subdivision lot or condominium unit buyer against the project
roads, drainage, sewerage, water systems, lighting owner, developer, broker or salesman
systems, and other similar basic requirements, thus The functions of the Human Settlements Regulatory Commission
endangering the health and safety of home and lot sole regulatory body for housing and land developmentare
buyers; transferred also to the HLURB
o WHEREAS, reports of alarming magnitude also show
cases of swindling and fraudulent manipulations SPECIFIC FUNCTIONS OF THE HLURB
perpetrated by unscrupulous subdivision and 1. Unsound real estate businesses
condominium sellers and operators, such as failure to 2. Claims involving refund and any other claims filed by subdivision
deliver titles to the buyers or titles free from liens and lot or condominium unit buyer against the project owner,
encumbrances, and to pay real estate taxes, and developer, broker or salesman, and
fraudulent sales of the same subdivision lots to different 3. Cases involving specific performance of contractual and statutory
innocent purchasers for value; obligations filed by buyers of subdivision lot or condominium unit
PD1344 was passed providing against the owner, developer, dealer, broker or salesman.
o The NHA shall have exclusive jurisdiction to hear and
decide cases of the following nature: WRIT OF EXECUTION
Unsound real estate businesses As soon as the decision of the HLURB becomes final, it shall, on
Claims involving refund and any other claims motion of the interested party, issue a writ of execution
filed by subdivision lot or condominium unit enforceable in accordance with the provisions of the Rules of Court
buyer against the project owner, developer, Upon the failure of the HLURB to act on the motion, a petition for
broker or salesman, and mandamus may be filed to compel it to perform its purely
Cases involving specific performance of ministerial duty by enforcing its final and executory decision
contractual and statutory obligations filed by
buyers of subdivision lot or condominium unit COURT HAS JURISDICTION WHEN ISSUE INVOLVES OWNERSHIP
against the owner, developer, dealer, broker or OF PROPERTY
salesman.
o The decision of the NHA shall become final and executory ORDINARY COURTS DONT HAVE JURISDICTION OVER COLLECTION
15 days from the date of its receipt. It is appealable only OF UNPAID INSTALLMENTS
to the President of the Philippines and in the event the
appeal is filed and the decision isnt reversed and/or SUMMARY OF CASES OR INCIDENTS WHERE HLURB HAS
amended within 30 days, the decision is deemed JURISDICTION (FAJARDO V. BAUTISTA)
affirmed. Proof of the appeal of the decision must be 1. For a determination of the rights of the parties under a contract to
furnished the NHA. sell a subdivision lot
2. For the delivery of title against the subdivision owner

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 119 of 128

3. For the refund of reservation fees for the purchase of subdivision (b) The location of the owner's principal business office, and if the
lot owner is a non-resident Filipino, the name and address of his agent
4. For specific performance filed by the lot buyer against the seller of or representative in the Philippines is authorized to receive notice;
a subdivision lot
5. For the annulment of the mortgage constituted by the project (c) The names and addresses of all the directors and officers of the
owner without the buyers consent, the mortgage foreclosure sale, business firm, if the owner be a corporation, association, trust, or
and the condominium certificate of title issued to the highest other entity, and of all the partners, if it be a partnership;
bidder at the said foreclosure sale
6. For the collection of the balance of the unpaid purchase price of a (d) The general character of the business actually transacted or to
subdivision lot filed by the developer of a subdivision against the be transacted by the owner; and
lot buyer
7. For incidental claims for damages (e) A statement of the capitalization of the owner, including the
authorized and outstanding amounts of its capital stock and the
Section 4. Registration of Projects The registered owner of a parcel proportion thereof which is paid-up.
of land who wishes to convert the same into a subdivision project The following documents shall be attached to the registration
shall submit his subdivision plan to the Authority which shall act statement:
upon and approve the same, upon a finding that the plan complies (a) A copy of the subdivision plan or condominium plan as
with the Subdivision Standards' and Regulations enforceable at the approved in accordance with the first and second paragraphs of
time the plan is submitted. The same procedure shall be followed in this section.
the case of a plan for a condominium project except that, in (b) A copy of any circular, prospectus, brochure, advertisement,
addition, said Authority shall act upon and approve the plan with letter, or communication to be used for the public offering of the
respect to the building or buildings included in the condominium subdivision lots or condominium units;
project in accordance with the National Building Code (R.A. No.
6541). (c) In case of a business firm, a balance sheet showing the amount
and general character of its assets and liabilities and a copy of its
The subdivision plan, as so approved, shall then be submitted to articles of incorporation or articles of partnership or association, as
the Director of Lands for approval in accordance with the procedure the case may be, with all the amendments thereof and existing by-
prescribed in Section 44 of the Land Registration Act (Act No. 496, laws or instruments corresponding thereto.
as amended by R.A. No. 440): Provided, that it case of complex
subdivision plans, court approval shall no longer be required. The (d) A title to the property which is free from all liens and
condominium plan as likewise so approved, shall be submitted to encumbrances: Provided, however, that in case any subdivision lot
the Register of Deeds of the province or city in which the property or condominium unit is mortgaged, it is sufficient if the instrument
lies and the same shall be acted upon subject to the conditions and of mortgage contains a stipulation that the mortgagee shall release
in accordance with the procedure prescribed in Section 4 of the the mortgage on any subdivision lot or condominium unit as soon
Condominium Act (R.A. No. 4726). as the full purchase price for the same is paid by the buyer.

The owner or the real estate dealer interested in the sale of lots or The person filing the registration statement shall pay the
units, respectively, in such subdivision project or condominium registration fees prescribed therefor by the Authority.
project shall register the project with the Authority by filing
therewith a sworn registration statement containing the following Thereupon, the Authority shall immediately cause to be published a
information: notice of the filing of the registration statement at the expense of
(a) Name of the owner; the applicant-owner or dealer, in two newspapers general
circulation, one published in English and another in Pilipino, once a
week for two consecutive weeks, reciting that a registration

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 120 of 128

statement for the sale of subdivision lots or condominium units has Section 6. Performance Bond. No license to sell subdivision lots or
been filed in the National Housing Authority; that the aforesaid condominium units shall be issued by the Authority under Section 5
registration statement, as well as the papers attached thereto, are of this Decree unless the owner or dealer shall have filed an
open to inspection during business hours by interested parties, adequate performance bond approved by said Authority to
under such regulations as the Authority may impose; and that guarantee the construction and maintenance of the roads, gutters,
copies thereof shall be furnished to any party upon payment of the drainage, sewerage, water system, lighting systems, and full
proper fees. development of the subdivision project or the condominium project
and the compliance by the owner or dealer with the applicable laws
The subdivision project of the condominium project shall be and rules and regulations.
deemed registered upon completion of the above publication
requirement. The fact of such registration shall be evidenced by a The performance bond shall be executed in favor of the Republic of
registration certificate to be issued to the applicant-owner or the Philippines and shall authorize the Authority to use the
dealer. proceeds thereof for the purposes of its undertaking in case of
forfeiture as provided in this Decree.
TRANSFER OF OWNERSHIP OR CHANGE OF NAME
A request for transfer of ownership and/or change of name may Section 7. Exempt transactions. A license to sell and performance
be granted only if there is a deed of absolute sale over the bond shall not be required in any of the following transactions:
subdivision or condominium project sought to be transferred
and/or the name thereof changed with an undertaking on the part (a) Sale of a subdivision lot resulting from the partition of land
of the transferee to assume full responsibility for the completion of among co-owners and co-heirs.
the development thereof
Such request shall be published at the applicants expense in a (b) Sale or transfer of a subdivision lot by the original purchaser
newspaper of general circulation within the city or municipality thereof and any subsequent sale of the same lot.
where the project at least one a week for two consecutive weeks
(c) Sale of a subdivision lot or a condominium unit by or for the
TOWNSITE AREAS ARE NOT SUBJECT TO THE COVERAGE UNDER account of a mortgagee in the ordinary course of business when
THE COMPREHENSIVE AGRARIAN REFORM LAW (NATALIA REALTY necessary to liquidate a bona fide debt.
V. DEPARTMENT OF AGRARIAN REFORM)
Section 8. Suspension of license to sell. Upon verified complaint by
Section 5. License to sell. Such owner or dealer to whom has been a buyer of a subdivision lot or a condominium unit in any interested
issued a registration certificate shall not, however, be authorized party, the Authority may, in its discretion, immediately suspend the
to sell any subdivision lot or condominium unit in the registered owner's or dealer's license to sell pending investigation and
project unless he shall have first obtained a license to sell the hearing of the case as provided in Section 13 hereof.
project within two weeks from the registration of such project.
The Authority may motu proprio suspend the license to sell if, in its
The Authority, upon proper application therefor, shall issue to such opinion, any information in the registration statement filed by the
owner or dealer of a registered project a license to sell the project owner or dealer is or has become misleading, incorrect, inadequate
if, after an examination of the registration statement filed by said or incomplete or the sale or offering for a sale of the subdivision or
owner or dealer and all the pertinent documents attached thereto, condominium project may work or tend to work a fraud upon
he is convinced that the owner or dealer is of good repute, that his prospective buyers.
business is financially stable, and that the proposed sale of the
subdivision lots or condominium units to the public would not be The suspension order may be lifted if, after notice and hearing, the
fraudulent. Authority is convinced that the registration statement is accurate
or that any deficiency therein has been corrected or supplemented

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 121 of 128

or that the sale to the public of the subdivision or condominium which would be cause for refusing or revoking the registration of
project will neither be fraudulent not result in fraud. It shall also be an individual dealer, broker or salesman as provided in Section 11
lifted upon dismissal of the complaint for lack of legal basis. hereof.

Until the final entry of an order of suspension, the suspension of Section 10. Registers of subdivision lots and condominium units. A
the right to sell the project, though binding upon all persons record of subdivision lots and condominium units shall be kept in
notified thereof, shall be deemed confidential unless it shall appear the Authority wherein shall be entered all orders of the Authority
that the order of suspension has in the meantime been violated. affecting the condition or status thereof. The registers of
subdivision lots and condominium units shall be open to public
Section 9. Revocation of registration certificate and license to sell. inspection subject to such reasonable rules as the Authority may
The Authority may, motu proprio or upon verified complaint filed by prescribe.
a buyer of a subdivision lot or condominium unit, revoke the
registration of any subdivision project or condominium project and DEALERS, BROKERS AND SALESMEN
the license to sell any subdivision lot or condominium unit in said
project by issuing an order to this effect, with his findings in Section 11. Registration of dealers, brokers and salesmen. No real
respect thereto, if upon examination into the affairs of the owner estate dealer, broker or salesman shall engage in the business of
or dealer during a hearing as provided for in Section 14 hereof, if selling subdivision lots or condominium units unless he has
shall appear there is satisfactory evidence that the said owner or registered himself with the Authority in accordance with the
dealer: provisions of this section.

(a) Is insolvent; or If the Authority shall find that the applicant is of good repute and
has complied with the applicable rules of the Authority, including
(b) has violated any of the provisions of this Decree or any the payment of the prescribed fee, he shall register such applicant
applicable rule or regulation of the Authority, or any undertaking of as a dealer, broker or salesman upon filing a bond, or other
his/its performance bond; or security in lieu thereof, in such sum as may be fixed by the
Authority conditioned upon his faithful compliance with the
(c) Has been or is engaged or is about to engage in fraudulent provisions of this Decree: Provided, that the registration of a
transactions; or salesman shall cease upon the termination of his employment with
a dealer or broker.
(d) Has made any misrepresentation in any prospectus, brochure,
circular or other literature about the subdivision project or Every registration under this section shall expire on the thirty-first
condominium project that has been distributed to prospective day of December of each year. Renewal of registration for the
buyers; or succeeding year shall be granted upon written application therefor
made not less than thirty nor more than sixty days before the first
(e) Is of bad business repute; or day of the ensuing year and upon payment of the prescribed fee,
without the necessity of filing further statements or information,
(f) Does not conduct his business in accordance with law or sound unless specifically required by the Authority. All applications filed
business principles. beyond said period shall be treated as original applications.

Where the owner or dealer is a partnership or corporation or an The names and addresses of all persons registered as dealers,
unincorporated association, it shall be sufficient cause for brokers, or salesmen shall be recorded in a Register of Brokers,
cancellation of its registration certificate and its license to sell, if Dealers and Salesmen kept in the Authority which shall be open to
any member of such partnership or any officer or director of such public inspection.
corporation or association has been guilty of any act or omission

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 122 of 128

Section 12. Revocation of registration as dealers, brokers or


salesmen. Registration under the preceding section may be refused (c) Nature of proceeding. The proceedings shall be non-litigious
or any registration granted thereunder, revoked by the Authority if, and summary in nature without regard to legal technicalities
after reasonable notice and hearing, it shall determine that such obtaining in courts of law. The Rules of court shall not apply in said
applicant or registrant: hearing except by analogy or in a suppletory character and
whenever practicable and convenient.
1. Has violated any provision of this Decree or any rule or
regulation made hereunder; or (d) Power incidental to the hearing. For the purpose of the hearing
or other proceeding under this Decree, the officer or officers
2. Has made a material false statement in his application for designated to hear the complaint shall have the power to
registration; or administer oaths, subpoena witnesses, conduct ocular inspections,
take depositions, and require the production of any book, paper,
3. Has been guilty of a fraudulent act in connection with any sale of correspondence, memorandum, or other record which are deemed
a subdivision lot or condominium unit; or relevant or material to the inquiry.

4. Has demonstrated his unworthiness to transact the business of Section 14. Contempt.
dealer, broker, or salesman, as the case may be. (a) Direct contempt. The officer or officers designated by the
Authority to hear the complaint may summarily adjudge in direct
In case of charges against a salesman, notice thereof shall also be contempt any person guilty of misbehavior in the presence of or so
given the broker or dealer employing such salesman. near the said hearing officials as to obstruct or interrupt the
proceedings before the same or of refusal to be sworn or to answer
Pending hearing of the case, the Authority shall have the power to as a witness or to subscribe an affidavit or deposition when
order the suspension of the dealer's, broker's, of salesman's lawfully required to do so. The person found guilty of direct
registration; provided, that such order shall state the cause for the contempt under this section shall be punished by a fine not
suspension. exceeding Fifty (P50.00) Pesos or imprisonment not exceeding five
(5) days, or both.
The suspension or revocation of the registration of a dealer or
broker shall carry with it all the suspension or revocation of the (b) Indirect contempt. The officer or officers designated to hear the
registrations of all his salesmen. complaint may also adjudge any person in indirect contempt on
grounds and in the manner prescribed in Rule 71 of the Revised
PROCEDURE FOR REVOCATION OF REGISTRATION CERTIFICATE Rules of Court.

Section 13. Hearing. In the hearing for determining the existence Section 15. Decision. The case shall be decided within thirty (30)
of any ground or grounds for the suspension and/or revocation of days from the time the same is submitted for decision. The Decision
registration certificate and license to sell as provided in Section 8 may order the revocation of the registration of the subdivision or
and 9 hereof, the following shall be complied with: condominium project, the suspension, cancellation, or revocation of
the license to sell and/or forfeiture, in whole or in part, of the
(a) Notice. No such hearing shall proceed unless the respondent is performance bond mentioned in Section 6 hereof. In case forfeiture
furnished with a copy of the complaint against him or is notified in of the bond is ordered, the Decision may direct the provincial or
writing of the purpose of such hearing. city engineer to undertake or cause the construction of roads and
of other requirements for the subdivision or condominium as
(b) Venue. The hearing may be held before the officer or officers stipulated in the bond, chargeable to the amount forfeited. Such
designated by the Authority on the date and place specified in the decision shall be immediately executory and shall become final
notice. after the lapse of 15 days from the date of receipt of the Decision.

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 123 of 128

Sales or conveyances of subdivision lots and condominium units


Section 16. Cease and Desist Order. Whenever it shall appear to the shall be registered from the execution thereof by the seller with
Authority that any person is engaged or about to engage in any act the RD of the province or city where the property is situated
or practice which constitutes or will constitute a violation of the Except as otherwise provided for by law, the HLURB may in
provisions of this Decree, or of any rule or regulation thereunder, it appropriate cases cause the RD to cancel the registration, entries
may, upon due notice and hearing as provided in Section 13 hereof, or annotations on titles made in this regard
issue a cease and desist order to enjoin such act or practices.
Section 18. Mortgages. No mortgage on any unit or lot shall be
PERIOD TO APPEAL IS 15 DAYS made by the owner or developer without prior written approval of
The period within which to appeal the decision of the Board of the Authority. Such approval shall not be granted unless it is shown
Commissioners of the HLURB to the Office of the President is 15 that the proceeds of the mortgage loan shall be used for the
days from the receipt of the assailed decision, pursuant to Section development of the condominium or subdivision project and
15 of PD957 effective measures have been provided to ensure such utilization.
The 30-day period mentioned in the Rules of Procedure of the The loan value of each lot or unit covered by the mortgage shall be
HLURB is not applicable because special laws providing for a determined and the buyer thereof, if any, shall be notified before
remedy of appeal to the Office of the President must prevail over the release of the loan. The buyer may, at his option, pay his
the HLURB Rules of Procedure installment for the lot or unit directly to the mortgagee who shall
apply the payments to the corresponding mortgage indebtedness
Section 17. Registration. All contracts to sell, deeds of sale and secured by the particular lot or unit being paid for, with a view to
other similar instruments relative to the sale or conveyance of the enabling said buyer to obtain title over the lot or unit promptly
subdivision lots and condominium units, whether or not the after full payment thereto;
purchase price is paid in full, shall be registered by the seller in the
Office of the Register of Deeds of the province or city where the MORTGAGE WITHOUT KNOWLEDGE OF BUYER IS AN UNSOUND
property is situated. BUSINESS PRACTICE
The buyer has a cause of action for annulment of the mortgage,
Whenever a subdivision plan duly approved in accordance with the mortgage foreclosure sale, and the condominium certificate of
Section 4 hereof, together with the corresponding owner's title that was issued to highest bidder
duplicate certificate of title, is presented to the Register of Deeds
for registration, the Register of Deeds shall register the same in Section 19. Advertisements. Advertisements that may be made by
accordance with the provisions of the Land Registration Act, as the owner or developer through newspaper, radio, television,
amended: Provided, however, that it there is a street, passageway leaflets, circulars or any other form about the subdivision or the
or required open space delineated on a complex subdivision plan condominium or its operations or activities must reflect the real
hereafter approved and as defined in this Decree, the Register of facts and must be presented in such manner that will not tend to
Deeds shall annotate on the new certificate of title covering the mislead or deceive the public.
street, passageway or open space, a memorandum to the effect
that except by way of donation in favor of a city or municipality, no The owner or developer shall answerable and liable for the
portion of any street, passageway, or open space so delineated on facilities, improvements, infrastructures or other forms of
the plan shall be closed or otherwise disposed of by the registered development represented or promised in brochures,
owner without the requisite approval as provided under Section 22 advertisements and other sales propaganda disseminated by the
of this Decree. owner or developer or his agents and the same shall form part of
the sales warranties enforceable against said owner or developer,
REGISTRATION OF SALE jointly and severally. Failure to comply with these warranties shall
also be punishable in accordance with the penalties provided for in
this Decree.

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 124 of 128

Failure of the owner or developer to comply with the obligations


LIABILITY OF OWNER FOR BREACH OF WARRANTIES under this and the preceding provisions shall constitute a violation
Where the brochure that was disseminated indicated features that punishable under Sections 38 and 39 of this Decree.
would be provided each condominium unit, this forms part of the
warranties of the petitioner as subdivision owner Section 22. Alteration of Plans. No owner or developer shall change
Hence, when the respondent relied on the brochure in its decision or alter the roads, open spaces, infrastructures, facilities for public
to purchase a unit, and the petitioner failed to deliver certain use and/or other form of subdivision development as contained in
items stated therein, then there was a clear violation of its the approved subdivision plan and/or represented in its
warranties and representations advertisements, without the permission of the Authority and the
Petitioner was thus in breach written conformity or consent of the duly organized homeowners
association, or in the absence of the latter, by the majority of the
Section 20. Time of Completion. Every owner or developer shall lot buyers in the subdivision.
construct and provide the facilities, improvements, infrastructures
and other forms of development, including water supply and Section 23. Non-Forfeiture of Payments. No installment payment
lighting facilities, which are offered and indicated in the approved made by a buyer in a subdivision or condominium project for the lot
subdivision or condominium plans, brochures, prospectus, printed or unit he contracted to buy shall be forfeited in favor of the owner
matters, letters or in any form of advertisement, within one year or developer when the buyer, after due notice to the owner or
from the date of the issuance of the license for the subdivision or developer, desists from further payment due to the failure of the
condominium project or such other period of time as may be fixed owner or developer to develop the subdivision or condominium
by the Authority. project according to the approved plans and within the time limit
for complying with the same. Such buyer may, at his option, be
CONSEQUENCE OF DELAY reimbursed the total amount paid including amortization interests
Petitioner may be held liable for damages but excluding delinquency interests, with interest thereon at the
legal rate.
EXTENSION OF TIME FOR COMPLETION
A request for extension of time to complete development of BUYER NEED NOT GIVE PRIOR NOTICE BEFORE DESISTING FROM
condominium or subdivision project may be granted only in cases FURTHER PAYING AMORTIZATIONS
where non-completion of the project is caused by fortuitous
events, legal orders or force majeure and with the written notice BUYER MAY NOT BE OUSTED FOR NON-PAYMENT DUE TO HIS
to lot or unit buyers without prejudice to the exercise of their FAILURE OF THE SUBDIVISION OWNER TO PUT UP THE REQUIRED
rights pursuant to Section 23 of this Decree IMPROVEMENTS
The request for extension of time for completion shall be
accompanied by a revised and financing scheme thereof PRIOR PURCHASERS CANNOT BE DISPOSSESSED BY A BUYER OF
FORECLOSED PROPERTY
Section 21. Sales Prior to Decree. In cases of subdivision lots or
condominium units sold or disposed of prior to the effectivity of FAILURE TO DEVELOP A SUBDIVISION MAY JUSTIFY NON-
this Decree, it shall be incumbent upon the owner or developer of PAYMENT OF AMORTIZATIONS BY A LOT BUYER
the subdivision or condominium project to complete compliance
with his or its obligations as provided in the preceding section NEW OBLIGATIONS UNDER PD 957 CANNOT BE DEEMED PART OF
within two years from the date of this Decree unless otherwise CONTRACTS EXECUTED BEFORE ITS EFFECTIVITY
extended by the Authority or unless an adequate performance bond
is filed in accordance with Section 6 hereof. PD 957 HAS NO PROVISION ON ABATEMENT OF NUISANCE

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 125 of 128

Section 24. Failure to pay installments. The rights of the buyer in cancellation or the demand for rescission of the contract by a notarial act
the event of this failure to pay the installments due for reasons and upon full payment of the cash surrender value to the buyer.
other than the failure of the owner or developer to develop the
project shall be governed by Republic Act No. 6552. Down payments, deposits or options on the contract shall be included in
the computation of the total number of installment payments
Where the transaction or contract was entered into prior to the made.lawphi1
effectivity of Republic Act No. 6552 on August 26, 1972, the
defaulting buyer shall be entitled to the corresponding refund Section 4. In case where less than two years of installments were paid, the
based on the installments paid after the effectivity of the law in the seller shall give the buyer a grace period of not less than sixty days from
absence of any provision in the contract to the contrary. the date the installment became due.

MACEDA LAW (RA 6552) If the buyer fails to pay the installments due at the expiration of the grace
REPUBLIC ACT No. 6552 period, the seller may cancel the contract after thirty days from receipt by
the buyer of the notice of cancellation or the demand for rescission of the
AN ACT TO PROVIDE PROTECTION TO BUYERS OF REAL ESTATE ON contract by a notarial act.
INSTALLMENT PAYMENTS. (Rep. Act No. 6552)
Section 5. Under Section 3 and 4, the buyer shall have the right to sell his
Section 1. This Act shall be known as the "Realty Installment Buyer Act." rights or assign the same to another person or to reinstate the contract by
updating the account during the grace period and before actual cancellation
Section 2. It is hereby declared a public policy to protect buyers of real of the contract. The deed of sale or assignment shall be done by notarial
estate on installment payments against onerous and oppressive conditions. act.

Section 3. In all transactions or contracts involving the sale or financing of Section 6. The buyer shall have the right to pay in advance any installment
real estate on installment payments, including residential condominium or the full unpaid balance of the purchase price any time without interest
apartments but excluding industrial lots, commercial buildings and sales to and to have such full payment of the purchase price annotated in the
tenants under Republic Act Numbered Thirty-eight hundred forty-four, as certificate of title covering the property.
amended by Republic Act Numbered Sixty-three hundred eighty-nine,
where the buyer has paid at least two years of installments, the buyer is Section 7. Any stipulation in any contract hereafter entered into contrary to
entitled to the following rights in case he defaults in the payment of the provisions of Sections 3, 4, 5 and 6, shall be null and void.
succeeding installments:
Section 8. If any provision of this Act is held invalid or unconstitutional, no
(a) To pay, without additional interest, the unpaid installments due within other provision shall be affected thereby.lawphi1
the total grace period earned by him which is hereby fixed at the rate of
one month grace period for every one year of installment payments made: Section 9. This Act shall take effect upon its approval.
Provided, That this right shall be exercised by the buyer only once in every
five years of the life of the contract and its extensions, if any. Approved: August 26, 1972.

(b) If the contract is canceled, the seller shall refund to the buyer the cash Section 25. Issuance of Title. The owner or developer shall deliver
surrender value of the payments on the property equivalent to fifty per the title of the lot or unit to the buyer upon full payment of the lot
cent of the total payments made, and, after five years of installments, an or unit. No fee, except those required for the registration of the
additional five per cent every year but not to exceed ninety per cent of the deed of sale in the Registry of Deeds, shall be collected for the
total payments made: Provided, That the actual cancellation of the contract issuance of such title. In the event a mortgage over the lot or unit
shall take place after thirty days from receipt by the buyer of the notice of is outstanding at the time of the issuance of the title to the buyer,
the owner or developer shall redeem the mortgage or the

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 126 of 128

corresponding portion thereof within six months from such DUTY OF SUBDIVISION OWNER TO SECURE RIGHT OF WAY
issuance in order that the title over any fully paid lot or unit may be Applies to an owner or developer of a subdivision without access
secured and delivered to the buyer in accordance herewith. to a public highway
A municipal ordinance declaring a subdivision road open to public
DUTY OF OWNER TO DELIVER TITLE used by public authorities when deemed necessary simply allows
Upon full payment of the purchase price, the seller is duty-bound person other than the residents of the subdivision to use the road
to deliver the title of the unit to the buyer when they are inside the subdivision but doesnt give outsiders a
Even with a valid mortgage over the lot, the seller is still bound to right to open subdivision walls so they can enter the subdivision
redeem said mortgage without any cost to the buyer apart from from any point
the balance of the purchase price and registration fees The closure of a dead end is part of ones proprietary rights
Section 25 imposes an obligation on the part of the owner or
developer in the event the mortgage over the lot or unit is Section 30. Organization of Homeowners Association. The owner or
outstanding at the time of the issuance of the title to the buyer, to developer of a subdivision project or condominium project shall
redeem the mortgage and corresponding portion thereof within 6 initiate the organization of a homeowners association among the
months from such issuance buyers and residents of the projects for the purpose of promoting
The 6-month period will run from the full payment of the agreed and protecting their mutual interest and assist in their community
price development.

Section 26. Realty Tax. Real estate tax and assessment on a lot or Section 31. Donations of roads and open spaces to local
unit shall de paid by the owner or developer without recourse to government. The registered owner or developer of the subdivision
the buyer for as long as the title has not passed the buyer; or condominium project, upon completion of the development of
Provided, however, that if the buyer has actually taken possession said project may, at his option, convey by way of donation the
of and occupied the lot or unit, he shall be liable to the owner or roads and open spaces found within the project to the city or
developer for such tax and assessment effective the year following municipality wherein the project is located. Upon acceptance of the
such taking of possession and occupancy. donation by the city or municipality concerned, no portion of the
area donated shall thereafter be converted to any other purpose or
Section 27. Other Charges. No owner or developer shall levy upon purposes unless after hearing, the proposed conversion is approved
any lot or buyer a fee for an alleged community benefit. Fees to by the Authority.
finance services for common comfort, security and sanitation may
be collected only by a properly organized homeowners association Section 32. Phases of Subdivision. For purposes of complying with
and only with the consent of a majority of the lot or unit buyers the provisions of this Decree, the owner or developer may divide
actually residing in the subdivision or condominium project. the development and sale of the subdivision into phases, each
phase to cover not less than ten hectares. The requirement
Section 28. Access to Public Offices in the Subdivisions. No owner imposed by this Decree on the subdivision as a whole shall be
or developer shall deny any person free access to any government deemed imposed on each phase.
office or public establishment located within the subdivision or
which may be reached only by passing through the subdivision. Section 33. Nullity of waivers. Any condition, stipulation, or
provision in contract of sale whereby any person waives
Section 29. Right of Way to Public Road. The owner or developer of compliance with any provision of this Decree or of any rule or
a subdivision without access to any existing public road or street regulation issued thereunder shall be void.
must secure a right of way to a public road or street and such right
of way must be developed and maintained according to the Section 34. Visitorial powers. This Authority, through its duly
requirement of the government and authorities concerned. authorized representative may, at any time, make an examination
into the business affairs, administration, and condition of any

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010
LAND TITLES REVIEWER/NOTES
BASED ON AGCAOILI BOOK AND ATTY. CADIZS LECTURE
Page 127 of 128

person, corporation, partnership, cooperative, or association writs of execution in accordance with the provisions of the Rules of
engaged in the business of selling subdivision lots and Court.
condominium units. For this purpose, the official authorized so to
do shall have the authority to examine under oath the directors, Section 39. Penalties. Any person who shall violate any of the
officers, stockholders or members of any corporation, partnership, provisions of this Decree and/or any rule or regulation that may be
association, cooperative or other persons associated or connected issued pursuant to this Decree shall, upon conviction, be punished
with the business and to issue subpoena or subpoena duces tecum by a fine of not more than twenty thousand (P20,000.00) pesos
in relation to any investigation that may arise therefrom. and/or imprisonment of not more than ten years: Provided, That in
The Authority may also authorize the Provincial, City or Municipal the case of corporations, partnership, cooperatives, or
Engineer, as the case may be, to conduct an ocular inspection of associations, the President, Manager or Administrator or the
the project to determine whether the development of said project person who has charge of the administration of the business shall
conforms to the standards and specifications prescribed by the be criminally responsible for any violation of this Decree and/or the
government. rules and regulations promulgated pursuant thereto.
The books, papers, letters, and other documents belonging to the
person or entities herein mentioned shall be open to inspection by Section 40. Liability of controlling persons. Every person who
the Authority or its duly authorized representative. directly or indirectly controls any person liable under any provision
of this Decree or of any rule or regulation issued thereunder shall
Section 35. Take-over Development. The Authority, may take over be liable jointly and severally with and to the same extent as such
or cause the development and completion of the subdivision or controlled person unless the controlling person acted in good faith
condominium project at the expenses of the owner or developer, and did not directly or indirectly induce the act or acts constituting
jointly and severally, in cases where the owner or developer has the violation or cause of action.
refused or failed to develop or complete the development of the
project as provided for in this Decree. Section 41. Other remedies. The rights and remedies provided in
The Authority may, after such take-over, demand, collect and this Decree shall be in addition to any and all other rights and
receive from the buyers the installment payments due on the lots, remedies that may be available under existing laws.
which shall be utilized for the development of the subdivision.
Section 42. Repealing clause. All laws, executive orders, rules and
Section 36. Rules and Regulations. The Authority shall issue the regulations or part thereof inconsistent with the provisions of this
necessary standards, rules and regulations for the effective Decree are hereby repealed or modified accordingly.
implementation of the provisions of this Decree. Such standards,
rules and regulations shall take effect immediately after their Section 43. Effectivity. This Decree shall take effect upon its
publication three times a week for two consecutive weeks in any approval.
newspaper of general circulation.

Section 37. Deputization of law enforcement agencies. The


Authority may deputize the Philippine Constabulary or any law
enforcement agency in the execution of its final orders, rulings or
decisions.

Section 38. Administrative Fines. The Authority may prescribe and


impose fines not exceeding ten thousand pesos for violations of the
provisions of this Decree or of any rule or regulation thereunder.
Fines shall be payable to the Authority and enforceable through

BY: MA. ANGELA LEONOR C. AGUINALDO


ATENEO LAW 2D BATCH 2010