Land Titles & Deeds: Entralized AR Perations

244 2005 CENTRALIZED BAR OPERATIONS
LAND TITLES & DEEDS

LAND REGISTRATION TORRENS TITLE
F Purposes: F Certificate of ownership issued by
1. To quiet title to land and to stop the Register of Deeds, naming and
forever any question as to the declaring the owner of the real
legality of said title. property described therein, free
2. To provide a means of from all liens and encumbrances
publication except such as may be expressly
noted thereon or otherwise reserved
TORRENS SYSTEM by law.
F A system for registration of land
under which, upon the landowners F Conclusive against the whole world,
application, the court may, after including the government and to a
appropriate proceedings, direct the holder thereof in good faith, it is
issuance of a certificate of title. guaranteed to be indefeasible,
unassailable, and imprescriptible.
F Purposes:
1. To avoid possible conflicts of title F Title once registered cannot be
regarding real property, impugned, altered, changed,
2. To facilitate transactions relative modified, enlarged, or diminished
thereto by giving the public the right except in some direct proceeding
to rely upon the face of the Torrens permitted by law.
certificate of title and to dispense
with the need of inquiring further F Probative Value: Torrens Title may
EXCEPT when the party concerned has be received in evidence in all courts
actual knowledge of facts and of the Philippines, and shall be
circumstances that should imply a conclusive as to all matters
reasonably cautious man to make such contained therein, principally the
further inquiry. identity of the owner of the covered
land thereby.
NOTE:
F Registration was never intended as a MODES OF ACQUIRING TITLE: (PREPA2ID)
means of acquiring ownership. 1. Public grant
(Republic vs. CA, 131 SCRA 539). F based on the Public Land Acts
F Registration is not equivalent to F obtained through issuance of
title. Under the Torrens system, Spanish Govt. of Royal Grants and
registration only gives validity to the concessions to discoverers and
transfer or creates a lien upon the settlers.
land. It was not established as a 2. Reclamation
means of acquiring title to the F filling up of parts of the sea for
private land because it merely conversion to land.
confirms, but does not confer, ? The SC has ruled that only the
ownership (Lu vs Manipon, 381 SCRA National Government may engage in
788) reclamation projects. (Republic vs.
F Lands granted under Spanish CA, 299 SCRA 199; P.D. 3-A.)
Mortgage Law which are not yet 3. Emancipation patent or grant
covered by certificate of title under F based on P.D. No. 27 (CARP of
Torrens System are considered as 1972)
unregistered lands. (Sec. 3 P.D. F for the purpose of ameliorating
1529) the sad plight of farmers and of
2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT C HAIRPERSONS

Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda
Tolentino(VC-Acads), Jennifer Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-
EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine
Torres (Taxation Law), Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann
Uy (Remedial Law), Jackie Lou Bautista (Legal Ethics)
San Beda College of Law
245
M EMORY A ID IN C IVIL L AW
releasing them from the bondage of Administration of the Torrens System

the soil. 1. Land Registration Authority (LRA)
4. Private grant or voluntary transfer F Agency of the government charged
5. Adverse possession or prescription with the execution of laws relative
F Adverse possession actual to the registration of lands and
possession of land in opposition to all under executive supervision of DOJ.
other claimants. (Sec. 4 P.D. 1529)
F Prescription possession of land
for required number of years and F Functions of the Administrator:
assertion of ownership through an a. Issue decrees of registration
interrupted actual possession of pursuant to final judgments of
property within the period of time the courts in land registration
prescribed by law. proceedings and cause the
6. Accretion issuance by the Registers of
F 3 Requisites for accretion: Deeds of the corresponding
a) deposition of soil or sediment be certificates of title.
gradual and imperceptible; b. Exercise supervision and control
b) result of the action of waters of over all Registers of Deeds and
the river; other personnel of the
c) land where accretion takes place Commission.
is adjacent to bank of rivers or c. Resolve cases elevated en
sea coast. consulta by or on appeal from
F Accretion does not automatically the decision of the Register of
become registered. It needs new Deeds
registration. d. Exercise executive supervision
F Accretions on the bank of a lake, over all clerks of court and
like Laguna de Bay, belong to the personnel of the courts with
owners of the estate to which they respect to the discharge of their
have been added, while accretion on duties and functions in relation
the sea bank still belongs to the to the registration of lands
public domain, and is not available e. Implement all orders, decisions,
for private ownership until formally and decrees promulgated
declared by the government to be no relative to the registration of
longer needed for public use. lands and issue, subject to the
(Republic vs. Amanda vda. De approval of the Secretary of
Castillo, 163 SCRA 286) Justice, all needful rules and
F Registration does not protect the regulations
riparian owner against diminution of f. Verify and approve subdivision,
land through accretion. If alluvium is consolidation, and consolidation-
wiped away, registration is rendered subdivision survey plans of
of no effect because subject is gone. properties titled under Act 496
7. Involuntary alienation and PD 1529 except those
F E.g. eminent covered by PD 957.
domain/expropriation g. Acts as clerk of court in land
8. Descent or devise registration proceedings
F By descent, title is acquired
when an heir succeeds the deceased 2. Register of Deeds (RD)
owner in testate or intestate. F The public repository of records of
F By devise, person acquires land instruments affecting registered or
from one who may not be a relative, unregistered lands and chattel
if he is named in the deceaseds will. mortgages in the province or city
C IVIL L AW C OMMITTEE
&CHAIRPERSON: Romuald Padilla &ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad &EDP: Alnaiza Hassiman, Dorothy Gayon
& SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John
Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
wherein such office is located. (Sec. document and vests upon it

10, P.D. 1529) presumption of regularity. (Sales vs.
CA, 211 SCRA 885, 865)
F Function: To immediately register
an instrument presented for Ways of Registering Title
registration dealing with real or 1. Judicial
personal property which complies F filing of petition with the regular
with all the requisites for courts
registration. F issuance of a decree by LRA
DOCTRINES: F issuance of Original Certificate
F The function of the Register of of Title (OCT) by Register of
Deeds with reference to the Deeds
registration of deeds, encumbrances,
instruments and the like is 2. Administrative
ministerial in nature (Baranda vs. F filing of application at CENRO/
Gustilo, 165 SCRA 757) PENRO
F The law on registration does not F forwarded to the Reg. Director
require that only valid instruments and/or DENR for the issuance of
shall be registered. If the purpose of patent and Register of Deeds for
registration is merely to give notice, issuance of OCT
then questions regarding the effect
or invalidity of instruments are Registrable Lands:
expected to be decided after, not 1. Alienable public agricultural lands
before registration. It must follow 2. Private lands
as a necessary consequence that
registration must first be allowed, Non-registrable lands:
and validity or effect litigated F Those found in Civil Code provisions
afterwards. (Almirol vs. The Register dealing with non-registrable
of Deeds of Agusan, 22 SCRA 1152) properties (e.g. property of public
dominion)
Instances when RD may deny
registration: F Specific kinds of non-registrable
1. Where there are more than 1 copy properties or lands:
of the owners duplicate certificate a. Forest or timberland, public
of title and not all such copies are forest, & forest reserve
presented in the Register of Deeds b. Mangrove swamps
2. Where the voluntary instrument c. Mineral lands
bears on its face infirmity d. Foreshore land & seashore
3. Where the validity of the instrument NOTE: Foreshore land is the strip of
sought to be registered is in issue in land that lies between the high and
a pending court suit low water marks and is alternatively
4. When the document is not verified wet and dry according to the flow of
and notarized (Gallardo vs. IAC, 155 the tide. It is part of the public
SCRA 248) domain and not susceptible of
Note: disposition except by lease (Roble
F A deed of sale executed in a vs. Arbase)
place other than where the property e. Navigable rivers, streams &
is located does not affect extrinsic creeks
validity of the instrument as long as f. Lakes
the notary public concerned has g. Military Reservations
authority to acknowledge the h. Watershed
document executed within his i. Grazing lands
territorial jurisdiction. j. Previously titled land
F Notarial acknowledgment k. Alluvial deposit along river when
attaches full faith and credit to man-made
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? always at the RTC of the
SYSTEMS OF REGISTRATION province, city or municipality
where property is situated.
1. ORIGINAL REGISTRATION UNDER PD ? it is then indorsed to the MTC if
NO. 1529 there is no controversy over the
F NATURE: proceeding brought before land or its value is less than
the Regional Trial Court ( as a land P100,000
registration court) to determine title ? in cases of delegated jurisdiction
or ownership of land on the basis of to the MTC, appeal is direct to
an application for registration or the Court of Appeals
answer by a claimant in a cadastral ? Bureau of Land must always be
registration. furnished with a copy of the
F Kinds of Original Registration petition and all pertinent
1. Voluntary by filing with the proper documents
court ? If land is situated between
a) Under P.D. No. 1529 (Property boundaries of two provinces,
Registration Decree) application must be filed:
b) Under Sec. 48 of CA No. 141, a) boundaries are not defined
Public Land Act in the RTC of the place where it
2. Involuntary cadastral proceedings is declared for taxation
F compulsory registration initiated purposes;
by the government, to b) boundaries are defined
adjudicate ownership of land separate plan for each portion
F involuntary on the part of the must be made by surveyor and a
claimants but they are separate application for each lot
compelled to substantiate their must be filed with appropriate
claim or interest through an RTC.
answer 3. Setting of date for initial hearing by
the court;
A. REQUISITES (STEPS) IN ORDINARY 4. Transmittal of Application and date
LAND REGISTRATION PROCEEDINGS of initial hearing together with all
(P.D. 1529): (SFS-TP-SFH-PIEST) documents or other evidences
F The following requisites must also be attached thereto by the Clerk of
complied with in the confirmation of Court to the Land Registration
imperfect or incomplete title under Authority;
Section 48 (b) of the Public Land Act 5. Publication of Notice of Filing of
1. Survey of the land by the Bureau of Application and date and place of
Lands or a duly licensed private hearing once in the Official Gazette
surveyor; and once in a newspaper of general
NOTES: circulation in the Philippines;
? must be drawn in a tracing cloth NOTES:
plan ? it is at this point that the court
? approved ONLY by the Director acquires jurisdiction over the
of Land Management (authority subject matter
of LRA to approve such plan was ? this is done by the Administrator
withdrawn by P.D. 239 dated who acts as the clerk of court
July 9, 1983) 6. Service of Notice upon contiguous
owners, occupants and those known
2. Filing of Application for Registration to have interest in the property by
by the applicant; the sheriff;
NOTES: 7. Filing of Answer or Opposition to
Application by any person whether
named in the notice or not;
Stephen
8. Hearing of the case by the court; ownership since June 12, 1945, or
NOTES: earlier;
? Republication or amendment of 2. Those who have acquired ownership
technical description of land is of private lands by prescription
necessary when there is under the provisions of existing laws;
substantial increase of the area 3. Those who have acquired ownership
of the land. If increase is merely of private lands or abandoned river
minimal, no republication is beds by right of accession or
needed. (Benin vs. Tuason, 57 accretion; and
SCRA 531) 4. Those who have acquired ownership
9. Promulgation of judgment by the of land in any other manner provided
court; for by law.
10. Issuance of decree or order by the NOTES:
court declaring the decision final and ? All these persons must be
instructing the Land Registration natural-born Filipino Citizens.
Authority to issue a Decree of However, by way of exception,
Confirmation and Registration; juridical persons may apply for
NOTES: registration of leased
? it is not the court BUT the LRA agricultural and disposable lands
which issues the decree of not exceeding 1,000 hectares in
confirmation and registration area for a period of 25 years and
? 1 year after issuance of decree, renewable for not more than 25
it becomes incontrovertible and years. (Sec. 3, Chapter XII, 1987
amendments of the same will Constitution)
not be allowed except merely in ? Notwithstanding the prohibition
case of clerical errors. in the 1973 and 1987
? Decree of registration may be Constitutions against private
reviewed on the ground of fraud corporations holding lands of the
and must be filed within 1 year public domain except by lease,
from entry of the decree. still a private corporation may
11. Entry of Decree in the Land institute confirmation
Registration Authority; proceedings under Section 48(b)
NOTE: This serves as the reckoning of Public Land Act if, at the time
date to determine the 1-year period of institution of the registration
from which one can impugn the proceedings, the land was
validity of the registration. already private land. (Dir. of
12. Sending of copy of Decree to the Lands vs. IAC and ACME
corresponding Register of Deeds; and Plywood, 146 SCRA 509)
13. Transcription of Decree in the
registration book and issuance of C. Persons who cannot file an
Owners Duplicate Original application for registration
Certificate of Title of the applicant 1. A public land sales applicant insofar
by the Register of Deeds upon as the land covered by his sales
payment of the prescribed fees. application is concerned. Reason:
he acknowledged that he is not the
B. Persons Who May Apply for owner of the land and that the same
Registration: (Sec. 14, PD No. 1529) is public land. [Palawan Agricultural
1. Those who, by themselves or through and Industrial Co., Inc. vs. Dir. of
their predecessors-in-interest, have Lands, 44 SCRA 15 (1972)]
been in open, continuous, exclusive 2. A mortgagee or his successor in
and notorious possession and interest to the mortgage,
occupation of alienable and notwithstanding the lapse of the
disposable lands of the public period for the mortgagor to pay the
domain under a bona fide claim of loan secured to redeem it. Reason:
such act would amount to a pactum
249
commissorium which is against good ? an amendment due to change of
morals and public policy. [Reyes vs. name of the applicant does not
Sierra, 93 SCRA 472, 480 (1979)] require republication [Dir. of
3. An antichretic creditor cannot also Lands vs. IAC, 219 SCRA 399, 345
acquire by prescription the land (1993)]
surrendered to him by the debtor.
Reason: His possession is not in the 2. SUBSEQUENT REGISTRATION
concept of owner. [Ramirez vs. CA, F Where incidental matters after
144 SCRA 292, 301 (1996)] original registration may be brought
4. A person or entity whose claim of before the land registration court by
ownership to land had been way of motion or petition filed by
previously denied in a reivindicatory the registered owner or a party in
action. [Kidpales vs. Baguio Mining interest.
Co., 14 SCRA 913, 916, 918 (1965)] F Rules as to the necessity and effects
of registration in general
D. Amendments to application that a. Except a will that purports to
require publication convey or affect a registered
RULES: land, the mere execution of
F The court may order, at any time, an deeds of sale, mortgages, leases
application to be amended by or other voluntary documents
striking out one or more of the serves only 2 purposes: (1) as a
parcels of land applied for or by a contract between the parties
severance of the publication (Sec. 18 thereto and (2) as evidence of
P.D. 1529) authority to the RD to register
F Amendments to the application such documents
including joinder, substitution, or b. It is only the act of registering
discontinuance as to the parties may the instrument in the Register of
be allowed by the court at any stage Deeds of the province of city
of the proceedings upon just and where the land lies which is the
equitable terms. In such cases, operative act that conveys
publication is not necessary. ownership or affects the land
F Publication and notice are necessary insofar as third persons are
where the amendment to the concerned.
application consists in: c. The act of registration creates a
a. substantial change in the constructive notice to the whole
boundaries world of such voluntary or
b. an increase in the area of the involuntary instrument or court
land applied for writ or process.
c. the inclusion of additional land
NOTE: F Scope of Subsequent dealings with
? purpose of the new publication is registered land
to give notice to all persons Voluntary Involuntary
concerned regarding the Dealings Dealings
amended application. Without a
1. Concept Refer to Refer to such
new publication, the registration deeds, writ order or
court cannot acquire jurisdiction instruments process
over the area covered by the
or issued by a
original application, and the documents court of
decision of the registration court which are record
would be a nullity insofar as the
results of affecting
decision concerns the newly the free and registered
included land. (Benin vs. Tuason,
voluntary land which by
57 SCRA 531)
Stephen
acts of the law should be 3. Effects An innocent Entry thereof

parties registered to of purchaser in the day
thereto be effective, registration for value of book of the
and also to registered Register of
such land Deeds is
instruments becomes sufficient
which are not the notice to all
the willful registered persons even
acts of the owner the if the owners
registered moment he duplicate
owner and presents certificate of
which may and files a title is not
have been duly presented to
executed notarized the Register
even without and valid of Deeds.
his knowledge deed of sale
or against his and the
consent. same is
2. Kinds - sale - entered in
- real attachment the day
property - mandamus book and at
mortgage - sale on the same
- lease execution of time he
- pacto de judgement surrenders
retro sale or sales for or presents
-extra- taxes the owners
judicial - adverse duplicate
settlement claims certificate
- free - notice of of title
patent/ lis pendens covering the
homestead land sold.
- powers of
attorney Rules and Doctrines:
- trusts 1. Voluntary Dealings
F In voluntary sale of land, the
registration of the instrument is
the operative act that transmits
or transfers title.
F Where there is nothing on the
certificate of title to indicate
any cloud or vice in the
ownership of the property, or
any encumbrance thereon, the
purchaser is not required to
explore further than what the
Torrens title upon its face
indicates in quest for any hidden
defect or inchoate right that
may subsequently defeat his
right thereto. (Fule vs. Legare.
GR No. 17951)
F The exception to the above rule
is embodied in the case of Dela
Merced vs. GSIS (365 SCRA 1)
where the court ruled that
251
when the purchaser or of the title. When there is
mortgagee is a financing nothing on the COT indicating
institution, the general rule that any cloud or vice in the
a purchaser or mortgagee of the ownership of the property, or
land is not required to look any encumbrance thereon, the
further than what appears on the purchaser is not required to
face of the title does not apply. explore further than what the
F Every person dealing with Torrens Title upon its face
registered land may safely rely indicates in quest for any hidden
on the correctness of the defect or inchoate right that
certificate of title issued may subsequently defeat his
therefore and the law will in no right thereto. [Centeno vs CA,
way oblige him to go behind the 139 SCRA 545, 555 (1985)]
certificate to determine the Exceptions for applicability:
condition of the property. Even 1) purchaser in bad faith [Egao
if a decree in a registration vs. CA, 174 SCRA 484, 492
proceeding is infected with (1989)];
nullity, still, an innocent 2) sufficiently strong indications
purchaser for value relying on a to impel closer inquiry into the
Torrens title issued in pursuance location, boundaries and
thereof is protected (Cruz vs. CA condition of the lot. (Francisco
& Suzara, 281 SCRA 491) vs. CA 153 SCRA 330, 336, 337);
F Although generally a forged or 3) where a person buys land not
fraudulent deed is a nullity and from the registered owner but
conveys no title, however, there from one whose right to the land
are instances when such a has been merely annotated on
fraudulent document may the COT. (Quiniano vs. CA 39
become the root of a valid title. SCRA 221);
One such instance is where the 4) purchaser of land the
certificate of title was already certificate of title contains a
transferred from the name of notice of lis pendens;
the true owner to the forger, 5) purchaser with full knowledge
and while it remained that way, of flaws and defects in the
the land was subsequently sold title.(Bernales vs. IAC 166 SCRA
to an innocent purchaser. (Fule 519, 524; Lu vs. Manipon, 381
vs Legare) SCRA 788)
F In the case of Tomas vs. Tomas
(GR No. L-36897) the Supreme 2. Involuntary Dealings
Court ruled that above rule F Involuntary dealings affecting
cannot be applied where the registered land which must be
owner still holds a valid and registered:
existing certificate of title a. attachments
covering the same property b. sale on execution or for taxes or
because the law protects the for any assessment
lawful holder of a registered c. adverse claim
title over the transfer of a d. notice of lis pendens
vendor, bereft of any
transmissible right F Claim or interest is adverse when:
F Well settled is the rule that all a. claimants right or interest in
persons dealing with property registered land is adverse to the
covered by Torrens certificate of registered owner;
title are not required to go b. such right arose subsequent to
beyond what appears on the face date of original registration;
Stephen
c. no other provision is made in the the land or the use of occupation

Decree for the registration of such thereof or the building thereon.
right or claim
(Sec. 70, 1st par., P.D. 1529) When notice of lis pendens
F Formal requisites of an adverse inapplicable: (PAPAL)
claim for purposes of registration: 1. proceedings for the recovery of
a) adverse claimant must state the money judgments
following in writing: 2. attachments
1) his alleged right or interest 3. proceedings on the probate of wills
2) how and under whom such 4. administration of the estate of
alleged right or interest is deceased persons
acquired 5. levies on execution
3) the description of the land in 6. Foreclosure
which the right or interest is
claimed NOTE: notice of lis pendens may be
4) the certificate of title cancelled in the following cases before
number final judgment upon order of the court:
b) such statement must be signed 1. when it is shown that the notice is
and sworn to before a notary for the purpose of molesting the
public adverse party
c) claimant shall state his residence 2. when it is shown that it is not
or place to which all notices may necessary to protect the right of the
be served upon him party who caused the registration
F an adverse claim is a notice to third thereof
persons that someone is claiming an 3. where the evidence so far presented
interest on the property or has a by the plaintiff does not bear out the
better right than the registered main allegations of the complaint
owner thereof, and that any 4. where the continuances of the trial
transaction regarding the disputed are unnecessarily delaying the
land is subject to the outcome of the determination of the case to the
dispute (Sajonas vs CA, [GR No. prejudice of the defendant
102377, July 5, 1996) 5. upon verified petition of the party
F notice of lis pendens is intended to who caused the registration thereof
constructively advise, or warn all 6. it is deemed cancelled after final
people who deal with the property judgment in favor of defendant, or
that they so deal with it at their own other disposition of the action such
risk, and whatever rights they may as to terminate all rights of the
acquire in the property in any plaintiff to property involved.
voluntary transaction are subject to
the results of the action, and may JUDICIAL CONFIRMATION OF
well be inferior and subordinate to IMPERFECT OR INCOMPLETE TITLE
those which may be finally F Applicants:
determined and laid down therein. 1. Filipino citizens who by
(Heirs of Maria Marasigan vs IAC. 152 themselves or through their
SCRA 253). predecessors-in-interest have
been in open, continuous,
Notice of lis pendens is proper in the exclusive and notorious
following cases: possession and occupation of
1. to recover possession of real estate alienable and disposable lands of
2. to quiet title thereto public domain under a bona fide
3. to remove clouds upon the title claim of acquisition since June
thereof 12, 1945 or prior thereto or since
4. for partition, and time immemorial (CA No. 141,
5. any other proceeding of any kind in Section 48, as amended by PD
court directly affecting the title to No. 1073, Sec. 4).
253
2. Filipino citizens who by land for the length of time and in
themselves or their the manner and concept provided by
predecessors-in-interest have law.
been, prior to the effectivity of F Extended period for filing of
PD 1073 on January 25, 1977, in application: Section 1, RA No. 9176
open, continuous, exclusive and provides in part that The time to be
notorious possession and fixed in the entire archipelago for
occupation of agricultural lands the filing of applications under this
of the public domain, under a chapter shall not extend beyond 31
bona fide claim of acquisition of December 2020. Provided that the
ownership, for at least 30 years, area applied for does not exceed
or at least since January 24, twelve (12) hectares.
1947 (RA No. 1942).
3. Private corporations or F Section 3 of RA No. 7196 provides
associations which had acquired that All pending applications filed
lands from Filipino citizens who before the effectivity of this
had possessed the same in the amendatory act shall be treated as
manner and for the length of having been filed in accordance with
time indicated in paragraphs 1 the provisions of this Act.
and 2 above
4. Natural-born citizens of the Filing of Application (Extent of
Philippines who have lost their Jurisdiction)
citizenship and who has the legal GENERAL RULE: Application for land
capacity to enter into a contract registration shall be filed with the RTC
under Philippine laws may be a of the province or city where the land is
transferee of private land up to situated.
a maximum area of 5,000 sq,m, DOCTRINES:
in case of urban land or 3 F PD No. 1529 has eliminated the
hectares in case of rural land to distinction between the general
be used by him for business or jurisdiction vested in the RTC and
other purposes. (Section 5, RA the limited jurisdiction conferred
No. 8179) upon it by the former law when
acting merely as land registration
NOTE: When the conditions set by law court. Aimed at avoiding
are complied with, the possessor of the multiplicity of suits, the change has
land, by operation of law, acquires a simplified registration proceedings
right to a grant, a government grant, by conferring upon the regional trial
without the necessity of a certificate of courts the authority to act not only
the title being issued. The law, as on original applications but also
presently phrased, requires that those filed after original
possession of lands of the public domain registration, with power to hear and
must be from June 12, 1945 or earlier, determine all questions arising upon
for the same to be acquired through such applications or petitions.
judicial confirmation of imperfect title. (Averia vs. Caguioa. 146 SCRA 459 ;
(Republic vs Doldol. 295 SCRA 359) Ignacio vs CA 246 SCRA 242)
F The issues raised before the RTC
F Applicant Must Prove: sitting as a land registration or
1. That the land is alienable and cadastral court involved substantial
disposable land of public domain; or controversial matters and,
and consequently, beyond said courts
2. That they have been in open, jurisdiction. The issues may be
continuous, exclusive, and notorious resolved only by a court of general
possession and occupation of the jurisdiction. Thus, petitions under
Stephen
Secs. 75 and 108 of PD 1529 can be the land, republication is not

taken cognizance of by the RTC necessary.
sitting as a land registration or F If the amendment of the survey plan
cadastral court but relief under said during the registration proceedings
sections can only be granted if there does not involve an addition, but on
is unanimity among the parties, or the contrary, a reduction of the
that there is no adverse claim or original area that was published, no
serious objection on the part of any new publication is required.
party in interest; otherwise, the case [Republic vs. CA, 71 SCRA 665
becomes controversial and should be (1996)]
threshed out in an ordinary case or F Publication alone in newspaper of
in the case where the incident general circulation would not suffice
properly belongs. (Tagaytay-Taal vs. to confer jurisdiction to RTC. It must
CA. 273 SCRA 182) be published in the Official Gazette
in order that jurisdiction to court be
EXCEPTION: Delegated Jurisdiction of conferred.
the MTC to hear and determine cadastral
or land registration cases covering lots 2. Mailing
where there is no controversy or F Mailing of the Notice of Hearing
opposition, or contested lots, the value F Administrator of Land Registration
of which does not exceed P100,000.00 Authority shall cause a copy of the
notice of initial hearing of the
Publication, Mailing, and Posting application to be mailed to the
Requirements: (PMP) following:
- compliance is mandatory and a) Every person named in the
jurisdictional [Republic vs. Marasigan, notice whose address is known
198 SCRA 219 (1991)] b) Secretary of DPWH, Provincial
Governor, and Mayor of the
1. Publication of notice of initial municipality or city, as the case
hearing may be, in which the land lies, if
F Official Gazette and newspaper of applicant requests to have the
general circulation (Sec. 23, P.D. line of a public way or road
1529) determined
F Purposes: c) Secretary of DAR, Solicitor
a. To confer jurisdiction over the General, Director of Land
land applied for upon the court Management, Director of Mines
b. To charge the whole world with and/or Director of Fisheries and
knowledge of the application of Aquatic Resources, as the case
the land involved may be, if the land borders on a
NOTE: If it is later shown that the river, navigable stream or shore,
decree of registration had included land or on an arm of the sea where a
or lands not included in the original river or harbor line has been
application as published, then the established, or on a lake, or if it
registration proceedings and the decree otherwise appears from the
of registration must be declared null and application that a tenant-farmer
void insofar but only insofar- as the or the national government may
land not included in the publication is have a claim adverse to the
concerned. This is so because the court applicant.
did not acquire jurisdiction over the land
not included in the publication- the c) Posting
publication being the basis of the F Posting of the copy of the Notice of
jurisdiction of the court. (Benin vs. Hearing is a duty of the Sheriff which
Tuason. 57 SCRA 531) must be made at least 14 days
F If difference is not so substantial as before date of initial hearing, in
it would not affect the identity of conspicuous places.
255
c) Administrative Order issued by
NOTE: Certification of the Administrator the Secretary of DENR
of LRA and of the Sheriff concerned to d) Bureau of Forest Development
the effect that the notice of initial Land Classification Map
hearing, as required by law, has been e) Certification by Director of
complied with shall be filed in the case Forestry
before the date of initial hearing, and f) Investigation reports of Bureau
shall be conclusive proof of such fact of Lands investigator
(Secion 24, P.D. 1529). g) Legislative act or by statute
2. The identity of the land
NOTE: Service of Notice upon contiguous NOTE: Proof of Identity of land
owners: a) Survey plan in general
F indispensable b) Tracing cloth plan and blue print
F lack of service constitutes copies of plan
extrinsic fraud c) Technical description of the land
d) Tax declarations
Answer or Opposition e) Boundaries and area
F oppositor to an application need not
be named in the notice of initial 3. Possession and occupation of the
hearing. land for the length of time and in
F adverse claimants must set forth in the manner required by law
their answer all their objections to Effect of Possession
the application and must claim an General Rule: Open, exclusive and
interest to the property applied for, undisputed possession of alienable public
based on a right of dominion or some land for the period prescribed by law
other real right independent of, and creates the legal fiction whereby the
not at all subordinate, to the rights land, upon completion of the requisite
of the government. period ipso jure and without need of
judicial or other sanctions, ceases to be
The following may be proper public land and becomes private
oppositors: property.
1. a homesteader who have not yet F The present possessor may
been issued his title but who had complete the period necessary for
fulfilled all the conditions required prescription by tacking his possession
by law to entitle him to a patent; to that of his grantor or predecessor-
2. a purchaser of friar land before the in-interest (Article 1138, Civil Code)
issuance of the patent to him; and F Tacking of possession is allowed
3. persons who claim to be in only when there is privity of contract
possession of a tract of public land or relationship between the previous
and have applied with the Bureau of and present possessors [South City
Lands for its purchase. Homes, Inc. vs. Republic, 185 SCRA
700 (1990)]
Evidence
F The applicant must prove: Insufficient proofs of possession:
1. that the land applied for has been a) mere casual cultivation of portions
declassified from the forest or of the land by claimant. Reason:
timber zone and is a public possession is not exclusive and
agricultural land, is alienable and notorious so as to give rise to a
disposable, or otherwise capable of presumptive grant from the State
registration. (Republic vs. Vera, 120 SCRA 210;
NOTE: Specific evidence Director of Lands vs. Reyes 68 SCRA
a) Presidential proclamation 177)
b) Executive Order
Stephen
b) tax declaration of land sought to be conclusive evidence of ownership, if

registered which is not in the name presented as documentary evidence
of applicant but in the name of coupled with proof of actual
deceased parents of an oppositor. possession for the period required by
Reason: possession of applicant is law of the land, they are evidences
not completely adverse or open, nor of ownership. (Heirs of Maningding
it is truly in the concept of an vs CA 276 SCRA). Moreover, even if
owner. (Sunga vs. De Guzman, 90 belatedly declared for taxation
SCRA 618); purposes, it does not negate
c) holding of property by mere possession especially if there is no
tolerance of the owner. Reason: other claimant of the land (RP vs CA
holder is not in the concept of owner and Divinaflor 349 SCRA)
and possessory acts no matter how F Where the taxes for 31 years,
long do not start the running of the 1946 to 1976, were paid only in
period of prescription. (Ordoez vs. 1976, a few months prior to filing of
CA, 188 SCRA 109); the application, such payment does
d) where applicants tacked their not constitute sufficient proof that
possession to that of their applicant has bona fide claim of
predecessor-in-interest but they did ownership during those years prior to
not present him as witness or when filing of the application [Republic vs.
no proofs of what acts of ownership CA, 131 SCRA 140 (1984)]
and cultivation were performed by F Mere failure of the owner of the
the predecessor (Dir. of Lands vs. land to pay the realty tax thereon
Datu, 115 SCRA 25) does not warrant a conclusion that
e) mere failure of Fiscal representing there was abandonment of his right
the State to cross-examine the to the property (Reyes vs. Sierra, 93
applicant on the claimed possession SCRA 472)
[Republic vs. Lee, 197 SCRA 1320
(1991)]; c. Presidential issuances and
f) possession of other persons in the Legislative acts
land applied for impugns the NOTES:
excusive quality of the applicants F constitutive of a fee simple
possession (Dir. of Lands vs. CA and title or absolute title in favor of the
Salazar, 133 SCRA 701) grantee (Republic rep. by Mindanao
Medical Center vs. CA, 73 SCRA 146)
NOTE: Proof of private ownership F a law or statute which ceded or
a. Spanish title, impending cases transferred in full ownership a
NOTE: Although Spanish titles are reserve area in favor of a govt.
now inadmissible and ineffective as institution thereby effectively
proof of ownership in land transferred ownership to transferee.
registration proceedings filed after [Intl Hardwood and Veneer Co. of
Aug. 16, 1976, so that all lands the Phils. vs. U.P., 200 SCRA 554
granted under the Spanish mortgage (1991)]
law system of registration which are
not yet covered by a certificate of d. Other kind of proof
title issued under the Torrens system 1. Testimonial evidence (i.e.
are deemed as unregistered land, accretion is on a land adjacent to a
there are still cases in court which river. Any evidence that accretion
particularly involve possessory was formed through human
information titles intervention negates the claim
[Binalay vs. Manalo, 195 SCRA 374
b. Tax declarations and tax payments (1991)];
NOTES: 2. Deeds of sale;
F While tax declarations and real
estate tax receipts are not
257
Proofs insufficient to establish private
right or ownership: B. Judgment
a) compromise agreement among F 2 duties of the court:
parties to a land registration case 1. Render judgment, declare the same
where they have rights and interest final, and cause the decisions entry;
over the land and allocated portions and
thereof to each of them; 2. Order the LRA to issue decree of
NOTE: assent of Dir. Of Lands registration.
and Dir. of Forest Management to
compromise agreement did not and Doctrines
could not supply the absence of F Only claimed property or a portion
evidence of title required of the thereof can be adjudicated. If the
applicant [Republic vs. Sayo, 191 applicant asserts ownership to and
SCRA 71 (1990)] submits evidence only for a portion
b) decision in an estate proceeding of a of a lot, the inclusion of the portion
predecessor-in-interest of an not claimed by the applicant is void
applicant which involves a property and of no effect for a land
over which the decedent has no registration court has no jurisdiction
transmissible right, and in other to decree a lot to a person who put
cases where issue of ownership was no claim to it and who never
not definitely passed upon (Dir. of asserted any right of ownership over
Lands vs. IAC, 195 SCRA 38); it (Almarza vs Arguelles 156 SCRA
c) survey plan of an inalienable land. 718).
NOTE: Such plan does not F A land registration court has no
convert such land into alienable jurisdiction to adjudge a land to a
land, much less private property person who has never asserted any
[Republic vs. CA, 154 SCRA 476 right of ownership thereof (Caragay-
(1987)] Layno vs. CA, 133 SCRA 718)
F The court may reverse its decision
HEARING, JUDGMENT, AND POST even after the LRA has already
JUDGMENT INCIDENTS IN ORDINARY issued the decree of registration
LAND REGISTRATION (Gomez vs CA 168 SCRA 503).
NOTE: The judgment becomes final upon
A. Hearing the lapse of 15 days counted from
F The court may: receipt of notice of the judgment.
1. hear the parties and their evidence; However, notwithstanding the lapse of
or the 15-day period from receipt of
NOTE: In the exercise of delegated judgment by the parties, the court
jurisdiction, the MTC can no longer continues to retain control over the case
appoint commissioners until the expiration of 1 year after the
2. refer the case or any part thereof to entry of decree of registration by the
a referee or commissioner. LRA.
NOTE: While referee can receive
evidence and objections, it has no C. Post-Judgment Incidents
power to rule on the case. Its main a. Writ of possession
duty is to receive evidence and GENERAL RULE: The judgment
submit its findings and adjudicating ownership to the successful
recommendations to the court. applicant impliedly carries with it the
NOTE: Muniments of title: delivery of possession if he is deprived,
instruments or written evidences since the right of possession is inherent
which applicant holds or possesses to in that of ownership
enable him to substantiate and prove EXCEPTIONS:
title to his estate.
Stephen
1. A writ of possession does not lie in a decreed and titled in anothers

land registration case against a name. (Ramos vs. Rodriguez, 244
person who entered the property SCRA 418)
after issuance of the final decree
and who had not been a party in the Contents: (Sec. 31 P.D. 1529)
case a. Date, hour and minute of its entry
2. A writ of possession cannot be issued b. It shall state whether the owner is
in a petition for reconstitution of married or unmarried, and if
allegedly lost or destroyed married, the name of spouse:
certificate of title. provided that if the land is conjugal
property, the decree shall be issued
b. Writ of demolition in the name of both spouses
- a complement of the writ of c. If the owner is under disability, the
possession, without which the latter nature of such disability, and if a
would be ineffective (Lucero vs. Loot 25 minor, his age
SCRA 678) d. Description of the land and shall set
forth the estate of the owner, and
DECREE OF REGISTRATION also, in such manner as to show their
F This is the decree issued by the LRA relative priorities, all particular
pursuant to the order of the court. estates, mortgages, easements,
As such, the decree has been liens, attachments, and other
considered as the condensed form encumbrances
of the courts judgment. e. Other matters to be determined in
F The decree of registration binds the pursuance of law
land, quiets title thereto, subject CERTIFICATE OF TITLE
only to such exceptions or liens as F This is the true copy of the decree of
may be provided by law. It is registration or the transcription
conclusive upon all persons including thereof and like the decree shall
the national government and all also be signed by LRA Administrator
branches thereof, whether (Sec. 39, PD No. 1529)
mentioned by name in the F It takes effect upon the date of
application or notice, the same entry thereof, and the land covered
being included in the general thereby becomes registered land on
description To All Whom It May that date
Concern. And such conclusiveness F Registration does not vest title. It is
does not cease to exist when the merely evidence of such title over a
title is transferred to a successor. particular property. And a Torrens
(Melgar vs. Pagayon. 21 SCRA 841) certificate is the best evidence of
F The duty of the land registration ownership over registered land.
officials to issue the decree of (Villanueva vs. CA, 198 SCRA 472;
registration is ministerial in the Chavez vs. PEA & Amari Coast Bay
sense that they act under the orders Devt. Corp., 384 SCRA 153)
of the court and the decree must be F However, simple possession of a
in conformity with the court certificate of title does not
judgment and with the data found in necessarily make the holder thereof
the record. However, if they are in a true owner of all the property
doubt upon any point in relation to described therein, such as when title
the preparation and issuance of the includes by mistake or oversight,
decree, they are duty bound to refer land which can no longer be
the matter to the court. They act in registered under the Torrens system,
this respect, as officials of the court. as when the same land has already
The administrator is thus not legally been registered and an earlier
obligated to issue the decree where, certificate for the same land is in
upon his verification, he finds that existence. (Caragay-Layno vs. CA,
subject land has already been 133 SCRA 718)
259
F In determining whether a property 2. Incontrovertible and indefeasible
belongs to the conjugal partnership GENERAL RULE: Upon expiration of 1
or paraphernal property of one of year from and after the entry of the
the spouses, it is important to note decree of registration in the LRA, the
in whose name or names the title is decree and the corresponding certificate
registered. This is so because the of title becomes incontrovertible and
certificate of the title does not indefeasible.
establish the time of the acquisition EXCEPTIONS:
of the property. It only confirms a a. If previous valid title of the same
pre existing title. (Ponce de Leon vs land exists
Rehabilitation Finance Corp., 36 b. When land covered is not
SCRA 289) capable of registration
c. When acquisition of certificate is
Attributes and Limitations on attended by fraud
certificates of title and registered
lands: 3. Registered land not subject to
1. Free from liens and encumbrances prescription
F Claims and liens of whatever F Thus, even adverse, notorious and
character existing against the land continuous possession under claim of
prior to the issuance of the ownership for the period fixed by
certificate of title are cut off by law is ineffective against a Torrens
such certificate and the certificate title. (JM Tuason and Co. Inc. vs. CA,
so issued binds the whole world, 93 SCRA 146)
including the government. F The fact that title to land was lost
EXCEPTIONS: does not mean that the land ceased
a. Those noted on the certificate to be registered land before the
b. Liens claims or rights arising or reconstitution of its title. It cannot
existing under the laws and the perforce be acquired by
Constitution, which are not by prescription. (Rivera vs. CA, 244
law required to appear of SCRA 218)
record in the Register of Deeds
in order to be valid 3. Certificate of title not subject to
c. Unpaid real estate taxes levied collateral attack
and assessed within 2 years F Sec 48. P.D. 1529 A certificate
immediately preceding the of title shall not be subject to collateral
acquisition of the right over the attack. It cannot be altered, modified,
land by an innocent purchaser or cancelled except in a direct
for value proceeding in accordance with law.
d. Any public highway, or private
way established or recognized by General Incidents of Registered Land
law, or any government F Registered land or the owners
irrigation canal or lateral thereof are not relieved from the
thereof, if the certificate of title following:
does not state the boundaries of a. From any rights incident to the
such highway or irrigation canal relation of husband and wife,
or lateral thereof have been landlord and tenant
determined b. From liability to attachment or
e. Any disposition of the property levy on execution
or limitation on the use thereof c. From liability to any lien of any
pursuant to P.D. 27 or any other description established by law on
law or regulations on agrarian the land and buildings thereon,
reform. or in the interest of the owner in
such land or building
Stephen
d. From any right or liability that 9. Issuance of Decree and Certificate of

may arise due to change of the Title
law of descent
e. From the rights of partition Actions taken by the Cadastral court of
between co-owners the trial:
f. From the right of government to 1. Judgment or decision which
take the land by eminent domain adjudicates ownership of the land
g. From liability to be recovered by involved in favor of one or more
an assignee in insolvency or claimants. This is the decree of the
trustee or bankruptcy under the court.
laws relative to preferences 2. Declaration by the court that the
h. From any other rights or decree is final and its order for the
liabilities created by law and issuance of the Certificate of Title
applicable to unregistered land by the LRA
3. Registration of the decree by the
CADASTRAL REGISTRATION LRA and issuance of the
F a proceeding in rem, initiated by the corresponding Certificate of Title
filing of a petition for registration by
the government, not by the persons Doctrine: The Cadastral court is not
claiming ownership of the land limited to merely adjudication of
subject thereof, and the latter are, ownership in favor of one or more
on the pain of losing their claim claimants. If there are no successful
thereto, in effect compelled to go to claimants, the property is declared
court to make known their claim or public land. Additionally, while the
interest therein, and to substantiate court has no jurisdiction to adjudicate
such claim or interest lands already covered by a Certificate of
Title, it is nonetheless true that this rule
NOTE: Here, the government does not only applies where there exists no
seek the registration of land in its name. serious controversy as to the
The objective of the proceeding is the certificates authenticity vis--vis the
adjudication of title to the lands or lots land covered therein. (Republic vs Vera
involved in said proceeding. 120 SCRA 210; Widows and Orphans
Assoc., Inc. vs CA 201 SCRA 165.)
F Procedure:
1. Notice of cadastral survey published P.D. No. 1529 CADASTRAL
once in OG and posted in 1. Nature of Registration
conspicuous place; copy furnished Voluntary Compulsory
mayor and barangay captain 2. Applicant
2. Notice of date of survey by BLM and Landowner Director of Lands
posting in bulletin board of the 3. Lands Covered
municipal building of the Usually involves all classes of lands
private land; it may are included
municipality or bario, and shall mark
also refer to public
the boundaries of the lands by agricultural lands if
monuments set up in proper places the object of the
thereon action is
3. Cadastral survey confirmation of an
4. Filing of petition imperfect title
5. Publication, mailing, and posting 4. Parties
NOTE: Publication of Notice of Initial Applicant and Landowners must
Hearing to be published twice in opponent come to court as
successive issues of the Official claimants of their
own lands
Gazette
5. Purpose
6. Filing of Answer
Petitioner comes to Government asks the
7. Hearing of the case court to confirm his court to settle and
8. Decision
261
title and seeks the adjudicate the title or to the Supreme Court in the same
registration of the of the land manner as ordinary actions
land in his name F must be filed within 15 days from
6. Person who Requests the Survey receipt of the judgment or final
Landowner Government order appealed from.
7. Effect of Judgment
No adverse claim; if if none of the
4. Petition for Review (of a DECREE)
the applicant fails to applicants can prove
prove his title, his that he is entitled to F any person may file a petition for
application may be the land, the same review to set aside the decree of
dismissed without shall be declared registration on the ground that he
prejudice (no res public (res judicata) was deprived of their opportunity to
judicata) be heard in the original registration
case not later than one (1) year after
REMEDIES OF AGGRIEVED PARTY IN the entry of the decree.
REGISTRATION PROCEEDINGS NOTE: It is a petition for REVIEW OF
JUDGEMENT when it is filed after
1. New Trial rendition of the decision but before the
F Grounds: (Section1 Rule 37,Rules of entry of the decree of registration. And
Court) it is a petition for REVIEW OF THE
a. fraud, accident, mistake or DECREE when it is filed within the one
excusable negligence which year period after such entry.
ordinary prudence could not
have guarded against F Grounds for review of the decree:
b. newly discovered evidence a) actual or extrinsic fraud refers
c. award of excessive damages, or to any fraudulent act of the
insufficiency of the evidence to successful party in a litigation which
justify the decision is committed outside the trial of a
F Period of filing: within the 15-day case against the defeated party, his
period for perfecting an appeal agents, attorneys or witnesses,
whereby defeated party is prevented
2. Relief from Judgment from presenting full and fairly his
F Nature: subsidiary remedy, i.e. may side.
be availed only when the judgment b)fatal infirmity in the decision for
has become final and a new trial is want of due process (Tiongco vs, De
not available la Merced, 58, SCRA 89);
F Grounds: when a judgment is c) lack of jurisdiction of the court
entered against a party through F Requisites for REVIEW OF THE
fraud, accident, mistake, or DECREE:
excusable negligence, such party a. petitioner has a real and
may file a petition in the court that dominical right
rendered such judgment praying that b. he has been deprived thereof
the said judgment be set aside. c. through fraud (actual/extrinsic)
F Period of filing: within 60 days after d. petition is filed within one year
the petitioner learns of the from issuance of the decree
judgment, order, or proceeding and e. the property has not yet passed
not more than 6 months after such to an innocent purchaser for
judgment or order was entered or value
such proceeding was taken.
5. Action for Reconveyance
3. Appeal F an action seeking to transfer or
F under P.D. 1529, judgments and reconvey the land from the
orders in land registration cases are registered owner to the rightful
appealable to the Court of Appeals owner
Stephen
F may be filed even after the lapse of 6. Action for Damages

one year from entry of the decree of F May be resorted to when a petition
registration as long as the property for review and an action for
has not been transferred or reconveyance is no longer possible
conveyed to an innocent purchaser because the property has passed to
for value. an innocent purchaser for value and
F an action for reconveyance does not in good faith.
aim or purport to reopen the F an ordinary action for damages
registration proceedings and set prescribes in ten (10) years after the
aside the decree of registration but issuance of the Torrens title over the
only to show that the person who property.
secured the registration of the
questioned property is not the real 7. Action for Compensation from
owner thereof. The action, while Assurance Fund
respecting the decree as F Requisites:
incontrovertible, seeks to transfer or a) The aggrieved party or the suitor
reconvey the land from the sustained loss or damage, or is
registered owner to the rightful deprived of land or any estate or
owner. (Esconde vs Borlongay, 152 interest therein;
SCRA 603) b) Such loss, damage or deprivation
1) was occasioned by the
Grounds for Reconveyance and bringing of the land under
corresponding period of prescription the operation of the Torrens
system, or
Grounds Prescriptive 2) arose after original
Period registration of land
1. Fraud ? 4 years from the c) The loss, damage or deprivation
discovery of the was due to:
fraud (deemed to 1) fraud, or
have taken place 2) any error, omission, mistake
from the issuance or misdescription in any
of the original certificate of title or in any
certificate of title) entry or memorandum in the
2.Implied or ? 10 years from registration book
constructive trust the date of the d) There was no negligence on his
issuance of the OCT part
or TCT e) He is barred or precluded under
? the above rule the provisions of PD 1529 or
does not apply under the provision of any law
where the person from bringing an action for the
enforcing the trust recovery of such land or the
is in actual estate or interest therein;
possession of the f) The action has not prescribed.
property because
he is in effect F must be instituted within a period of
seeking to quiet 6 years from the time the right to
title to the same bring such action first occurred-
which is which is the date of issue of the
imprescriptible certificate of title.
3. Express trust ? not barred by
prescription 8. Cancellation Suits
4. Void Contract ? imprescriptible F Where two certificates are issued to
different persons covering the same
land, the title earlier in date must
prevail
263
F The latter title should be declared benefit of any
null and void and ordered cancelled. gratuitous
allotment of
9. Annulment of judgment more than 24
F May only be availed of when the hectares
ordinary remedies of new trial, ? must have
petition for relief, or other resided
appropriate remedies are no longer continuously
available through no fault of for at least 1
petitioner (Linzag vs. Court of year in the
Appeals, 291 SCRA 304) municipality
where the
10. Quieting of Title land is
F An action that is brought to remove situated
clouds on the title to real property ? must have
or any interest therein, by reason of cultivated at
any instrument, record, claim, least 1/5 of
encumbrance or proceeding which is the land
apparently valid or effective but is in applied for
truth and in fact invalid, ineffective, 2. Free ? to any ? does not
voidable, or unenforceable, and may Patent natural own more
be prejudicial to said title. (Art. 476 born citizen than 12
Civil Code) of the Phils. hectares of
F It is an ordinary civil remedy [Sy, Sr. land
vs. IAC, 162 SCRA 130 (1988)] ? has conti-
F Aside from the registered owner, a nuously
person who has an equitable right or occupied and
interest in the property may likewise cultivated,
file such action (Mamadsul vs. either by
Moson, 190 SCRA 82, 89) himself or his
predecessors
11. Criminal Action -in- interest
F State may criminally prosecute for tract/s of
perjury the party who obtains agricultural
registration through fraud, such as by public land
stating false assertions in the sworn subject to
answer required of applicants in disposition
cadastral proceedings (People vs.
Cainglet, 16 SCRA 749) 3. Sales ? citizens ? to have at
Patent of the Phils. least 1/5 of
LAND PATENTS of lawful the land
age or such broken and
F Kinds: citizens not cultivated
To Whom of lawful within 5
Requirements
Granted age who is years from
1. ? to any ? does not head of a the date of
Homestead Filipino own more family may the award
Patent citizen over than 24 purchase ? shall have
the age of hectares of public established
18 years or land in the agricultural actual
head of a Phils. or has land of not occupancy,
family not had the more than cultivation
12 hectares and
Stephen
improvement Alienation or sale of homestead

of at least 1/5 executed within the 5 year
of the land prohibitory period)
until the date b. When land patented and titled is not
of such final capable of registration
payment c. Failure of the grantee to comply
4. Special ? to Non- ? Secretary with conditions imposed by law to
Patents Christian of the DILG entitle him to a patent or grant
Filipinos shall certify d. When area is an expanded area (see
under Sec. that the Republic vs. Heir of Villa Abrille, 71
84 of the majority of SCRA 57)
Public Land the non- e. When the land is acquired in
Act. Christian violation of the Constitution; eg.
inhabitants Land acquired by an alien may be
of any given reverted to the State.
reservation
have NOTE: indefeasibility of title,
advanced prescription, laches and estoppel do not
sufficiently bar reversion suits
in civilization
2. Cancellation Suits
NOTE: when a free patent title is issued F it is the aggrieved private party that
to an applicant and the sea water moves institutes the action [Agne vs. Dir. of
toward the estate of the title holder, the Lands, 181 SCRA 793 (1990)]
invaded property becomes part of the
foreshore land. The land under the 3. Action for Reconveyance (see
Torrens system reverts to the public discussion on page 16)
domain and the title is annulled.
(Republic vs CA and Josefina Morato, RECONSTITUTION OF CERTIFICATE OF
281 SCRA) TITLE
F Meaning: The restoration of the
Restriction on Alienation/Encumbrance instrument which is supposed to
of Lands titled Pursuant to Patents: have been lost or destroyed in its
1. Lands acquired under free patent or original form and condition, under
homestead patent is prohibited, the custody of Register of Deeds.
except if in favor of the government,
5 years from and after the issuance F Purpose: to have the same
of the patent or grant (RP vs Heirs of reproduced, after proper
Felipe Alejaga, Sr., 939 SCRA 361) proceedings, in the same form they
2. Transfer or conveyance of any were when the loss or destruction
homestead after 5 years and before occurred. (Heirs of Pedro Pinote vs.
25 years after issuance of title Dulay, 187 SCRA 12)
without the approval of the
Secretary of DENR F Kinds:
1) Judicial - partakes the nature of a
Actions against improper, illegal land registration proceeding in rem.
issuance of patents 2) Administrative - may be availed of
1. Reversion suits only in case of:
F The objective is the cancellation of a. Substantial loss or destruction of
the certificate of title and the the original land titles due to
consequential reversion of the land fire, flood, or other force
covered thereby to the State. majeure as determined by the
Grounds for reversion: Administrator of the Land
a. Violation of Sections 118, 120, 121 Registration Authority;
and 122 of the Public Land Act (eg.
265
b. The number of certificates of b. Deed of transfer or other
title lost or damaged should be document containing description
at least 10% of the total number of property covered by transfer
in the possession of the Office of certificate of title and on file
the Register of Deeds; with the Registry of Deeds, or an
c. in no case shall the number of authenticated copy thereof
certificates of title lost or c. same as sources e) and f) for
damaged be less than P500; and reconstitution of OCT.
d. Petitioner must have the Sources for Administrative
duplicate copy of the certificate Reconstitution of Title
of title. (RA 6732) 1. owners duplicate of the certificate
of title
NOTE: The law provides for retroactive 2. co-owners, mortgagees, or lessees
application thereof to cases 15 years duplicate of said certificate
immediately preceding 1989.
Publication, Mailing and Posting in
NOTE: When the duplicate title of the petitions for reconstitution of title
landowner is lost, the proper petition is F Rules:
not reconstitution of title, but one filed a. Notice thereof shall be published
with the court for issuance of new title twice in successive issues of the
in lieu of the lost copy. Official Gazette
b. Must be posted on the main
Sources for Judicial Reconstitution of entrance of the provincial
Title: building and of the municipal
building of the municipality or
1. For OCT (in the following order): city where the land is situated
a. Owners duplicate of the c. to be sent by registered to every
certificate of title person named in said notice
b. Co-owners, mortgagees or NOTE: The above requirements are
lessees duplicate of said mandatory and jurisdictional
certificate (Metropolitan Waterworks and
c. Certified copy of such Sewerage System vs. Sison, 124 SCRA
certificate, previously issued by 394)
the Register of Deeds
d. Authenticated copy of the OTHER PETITIONS/TRANSACTIONS
decree of registration or patent, AFTER ORIGINAL REGISTRATION
as the case may be, which was 1. Amendment and alteration of
the basis of the certificate of Certificate of Title
title F Grounds:
e. Deed or mortgage, lease or a. When registered interests of any
encumbrance containing description, whether vested,
description of property covered contingent, or inchoate have
by the certificate of title and on terminated and ceased
file with the Registry of Deeds, b. When new interests have arisen
or an authenticated copy thereof or been created which do not
f. Any other document which, in appear upon the certificate
the judgment of the court, is c. When any error, omission, or
sufficient and proper basis for mistake was made in entering a
reconstitution. certificate or any memorandum
thereon or on any duplicate
2. For TCT certificate
a. Same as sources a), b), and c) d. When the name of any person on
for reconstitution of OCT the certificate has been changed
Stephen
e. When the registered owner has F due notice under oath shall be sent
been married, or, registered as by the owner or by someone in his
married, the marriage has behalf to the Register of Deeds of
terminated and no right or the province of city where the land
interest of heirs or creditors will lies as soon as the loss or theft is
thereby be affected discovered. (Section 109, PD 1529)
f. When a corporation, which F Petition for replacement should be
owned registered land and has filed with the RTC of the province or
been dissolved, has not conveyed city where the land lies.
the same within 3 years after its F Notice to Solicitor General by
dissolution petitioner is not imposed by law but
g. When there is a reasonable it is the Register of Deeds who
ground for the amendment or should request for representation by
alteration of title. the Solicitor General (Republic vs.
CA, 317 SCRA 504)
NOTE: The court has no jurisdiction or F A proceeding where the certificate
authority to reopen the judgment or of title was not in fact lost or
decree of registration; nor impair the destroyed is null and void for lack of
title or other interest of a purchaser jurisdiction and the newly issued
holding a certificate for value and in duplicate is also null and void. (New
good faith, or his heirs and assigns, Durawood Co., Inc. vs. CA, 253 SCRA
without his or their written consent. 740)
After due hearing, the court may only:
a. Order the entry or cancellation
of a new certificate
b. Order the entry or cancellation
of a memorandum upon a
certificate, or
c. Grant any other relief upon such
terms and conditions as it may
consider proper (Secs. 107 and
108, PD 1529)
2. Surrender of withheld duplicate

certificate of title
F Grounds:
a. When it is necessary to issue a
new certificate of title pursuant
to any involuntary instrument
which divests the title of the
registered owner against his
consent
b. Where a voluntary instrument
cannot be registered by reason
of the refusal or failure of the
holder to surrender the owners
duplicate certificate of title; and
c. Where the owners duplicate
certificate is not presented for
amendment or alteration
pursuant to a court order
3. Replacement of lost duplicate

certificate of title


Land Titles & Deeds: Entralized AR Perations

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244 2005 CENTRALIZED BAR OPERATIONS

LAND TITLES & DEEDS

2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT C HAIRPERSONS

releasing them from the bondage of Administration of the Torrens System

wherein such office is located. (Sec. document and vests upon it

acts of the law should be 3. Effects An innocent Entry thereof

c. no other provision is made in the the land or the use of occupation

Secs. 75 and 108 of PD 1529 can be the land, republication is not

b) tax declaration of land sought to be conclusive evidence of ownership, if

1. A writ of possession does not lie in a decreed and titled in anothers

d. From any right or liability that 9. Issuance of Decree and Certificate of

F may be filed even after the lapse of 6. Action for Damages

improvement Alienation or sale of homestead

2. Surrender of withheld duplicate

3. Replacement of lost duplicate

2005 C ENTRALIZED B AR O PERATIONS E XECUTIVE C OMMITTEE AND S UBJECT C HAIRPERSONS

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