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WRITTEN REPORT IN LEGAL FORMS

Submitted to:

Atty. Daniel Lising


Legal Forms(M/8-10pm)

Submitted by:

Angeles, Kristine S.
3JD-A
INVOLUNTARY DEALINGS IN LANDS

Involuntary dealings affecting the land or its title includes attachment, lis pendens,
adverse claim, and orders issued by the court affecting of involving real estate, which
must be registered to bind third parties, and the first to register the same acquires superior
rights thereto.

ATTACHMENT- An attachment, or a copy of any writ, order or process issued by a court of


record, intended to create or preserve any lien, status, right, or attachment upon registered 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 particulars required in such papers for registration, shall contain a
reference to the number of the certificate of title to be affected and the registered owner or
owners thereof, and also if the attachment, order, process or lien is not claimed on all the land in
any certificate of title a description sufficiently accurate for identification of the land or interest
intended to be affected. A restraining order, injunction or mandamus issued by the court shall
be entered and registered on the certificate of title affected, free of charge.

NATURE OF ATTACHMENT

Legal process of seizing anothers property in accordance with a writ or judicial


order for the purpose of securing satisfaction of a judgment yet to be rendered

Writ of attachment is used primarily to seize the debtors property to seize the
debtors property in order to secure the debt or claim of the creditor in the event that a
judgment is rendered

In involuntary registration, entry thereof in the day book is sufficient notice to all
persons of such adverse claim. The notice of course has to be annotated at the back of the
corresponding original certificate of title, but this is an official duty of the RD which may
be presumed to have been regularly performed

GROUNDS UPON WHICH ATTACHMENT MAY ISSUE

(Section 1, Rule 57 of the Rules of Court)

At the commencement of the action or at any time before entry of judgment, a


plaintiff or proper party may have the property of the adverse party attached as security
for the satisfaction of any judgment that may be recovered in, among others, the
following cases:

(a) In an action for the recovery of a specified amount of money or damages,


other than moral and exemplary, on a cause of action arising from law, contract,
quasi-contract, delict or quasi-delict against a party who is about to depart from
the Philippines with intent to defraud his creditors;

(b) In an action for money or property embezzled or fraudulently misapplied or


converted to his own use by a public officer, or an officer of a corporation, or an
attorney, factor, broker, agent, or clerk, in the course of his employment as such,
or by any other person in a fiduciary capacity, or for a willful violation of duty;

(c) In an action to recover the possession of property unjustly or fraudulently


taken, detained or converted, when the property, or any part thereof, has been
concealed, removed, or disposed of to prevent its being found or taken by the
applicant or an authorized person;

(d) In an action against a party who has been guilty of a fraud in contracting the
debt or incurring the obligation upon which the action is brought, or in the
performance thereof;

(e) In an action against a party who has removed or disposed of his property, or is
about to do so, with intent to defraud his creditors; or

(f) In an action against a party who does not reside and is not found in the
Philippines, or on whom summons may be served by publication.

A PRELIMINARY ATTACHMENT may be validly applied for and granted ex


parte before a defendant is summoned since the phrase at the commencement of
action refers to the date of the filing of the complaint and before the summons is
served on the defendant;

HOW ATTACHMENT EFFECTED

(Section 7, Rule 57 of the Rules of Court)

Sec. 7. Attachment of real and personal property; recording thereof. Real and personal
property shall be attached by the sheriff executing the writ in the following manner:

(a) Real property, or growing crops thereon, or any interest therein,


standing uponthe record of the registry of deed of the province in the name
of the party against whom attachment is issued, or not appearing at all
upon such records, or belonging to the party against whom attachment is
issued and held by any other person, or standing on the records of the
registry of deeds in the name of any other person, by filing with the
registry of deeds a copy of the order, together with a description of the
property attached, and a notice that it is attached, or that such real property
and any interest therein held by or standing in the name of such other
person are attached, and by leaving a copy of such order, description, and
notice with the occupant of the property, if any, or with such other person
or his agent if found within the province. Where the property has been
brought under the operation of either the Land Registration Act or the
Property Registration Decree, the notice shall contain a reference to the
number of the certificate of title, the volume and page in the registration
book where the certificate is registered, and the registered owner or
owners thereof. The registrar of deed must index attachments filed under
this section in the names of the applicant, the adverse party, or the person
by whom the property is held or in whose name it stands in the records. If
the attachment is not claimed on the entire area of the land covered by the
certificate of title, a description sufficiently accurate for the identification
of the land or interest to be affected shall be included in the registration of
such attachment;

(b) Personal property capable of manual delivery, by taking and safely


keeping it in his custody, after issuing the corresponding receipt therefor;

(c) Stocks or shares, or an interest in stocks or shares, of any corporation


or company, by leaving with the president or managing agent thereof, a
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
writ;

(d) Debts and credits, including bank deposits, financial interest, royalties,
commissions, and other personal property not capable of manual delivery,
by leaving with the person owing such debts, or having in his possession
or under his control, such credits or other personal property, or with his
agent, a copy of the writ, and notice that the debts owing by him to the
party against whom attachment is issued, and the credits and other
personal property in his possession, or under his control, belonging to said
party, are attached in pursuance of such writ;

(e) The interest of the party whom attachment is issued in property


belonging to the estate of the decedent, whether as heir, legatee, or
devisee, by serving the executor or administrator or other personal
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
shall also be filed in the office of the clerk of the court in which said estate
is being settled and served upon the heir, legatee or devisee concerned. If
the property sought to be attached is in custodia legis, a copy of the writ of
attachment shall be filed with the proper court or quasi-judicial agency,
and notice of the attachment served upon the custodian of such property.

REGISTRATION OF ATTACHMENT, WRITS, AND RELATED PROCESSES

An attachment, or copy of writ, order or process issued by the 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 to the particulars required in
such papers for registration, shall contain a reference to the number of the certificate of title
affected and the registered owner or owners thereof, and also, if the attachment, order, process or
lien is not claimed on all the land in any certificate of title, a description sufficiently accurate for
identification of the land or interest intended to be affected.

A restraining order, injunction, or mandamus issued by the court shall be entered or


registered on the certificate of title affected, free of charge.

KNOWLEDGE OF A PRIOR UNREGISTERED INTEREST IS EQUIVALENT TO


REGISTRATION

In case of conflict between a vendee and an attaching creditor, an attaching creditor who
registers the order of attachment and the sale of property to him as the highest bidder acquires a
valid title to the property, as against a vendee who had previously bought the same property from
the registered owner but who failed to register his deed of sale.

Registration is the operative act that binds or affects the land insofar as third persons are
concernednotice to the whole world.

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, his knowledge of that prior unregistered interest has
the effect of registration as to him. Knowledge of an unregistered sale is equivalent to
registration.

DISCHARGE OF ATTACHMENT

An attachment may be discharged upon giving a counterclaim or on the ground that the
same was improperly or irregularly issued or enforced, or that the bond is insufficient.

By the dissolution of an attachment levied on the defendants property, through the filing
of the bond, the released 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 creditors, since the transaction is legal and valid, and since the presumption of fraud doesnt
arise when there is security in favor of the creditor.

FORM NO. 1 AFFIDAVIT OF PRELIMINARY ATTACHMENT

REPUBLIC OF THE PHILIPPINES)


CITY OF BACOOR ) S.S.

AFFIDAVIT FOR PRELIMINARY ATTACHMENT

I, JANE DOE DELA CRUZ, Filipino, of legal age, single, residing at 194 Salinas, City of
Bacoor, Cavite, after being sworn to in accordance with law, deposes and say:

1. That I am the plaintiff above-entitled case;


2. That a sufficient cause of actions exists against the defendant named therein;

3. That this action is one of those specifically mentioned in Sec. 1 of Rule 57 of


the Rules of Court, whereby a writ of preliminary attachment may lawfully issue,
namely:

in an action against a party who has removed or deposed of his


property, or is about to do so, with intent to defraud his creditors;

4. That there is no sufficient security for the claim sought to be enforced by the
present action;

5. That the amount due to the plaintiff in the above-entitled case is as much as the
sum for which an order of attachment is proper.

IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of


January, 2014, in the City of Bacoor, Cavite Philippines

JANE DOE DE LA CRUZ


Affiant

SUBSCRIBED AND SWORN to before me this 18th day of January,


2014, in the City of Bacoor, Cavite Philippines, affiant having exhibited to me his
License No. 3790682 issued until July 29, 2016.

Doc. No. : ________;


Page No. : ________;
Book No. : ________;
Series of 2014.

LIS PENDENS- in an action affecting the title or the right of possession of real property, the
plaintiff and the defendant, when affirmative relief is claimed in his answer, may record in the
office of the registry of deeds of the province in which the property is situated a notice of the
pendency of the action. Said notice shall contain the names of the parties and the object of the
action or defense, and a description of the property in that province affected thereby. Only from
the time of filing such notice for record shall a purchaser, or encumbrancer of the property
affected thereby, be deemed to have constructive notice of the pendency of the action, and only
of its pendency against the parties designated by their real names.
The notice of lis pendens hereinabove mentioned may be cancelled only upon order of
the court, after proper showing that the notice is for the purpose of molesting the adverse party,
or that it is not necessary to protect the rights of the party who caused it to be recorded. (Sec.14,
Rule 13)

FORM NO. 2: NOTICE OF LIS PENDENS

Republic of the Philippines


National Capital Judicial Region
REGIONAL TRIAL COURT
Branch LXVI (66)
Makati City

RICOA DULIMA,
Plaintiff,
- versus - Civil Case No. 111000

MINYO NINYO,
Defendant.
x-------------------------------------------x

NOTICE OF LIS PENDENS

THE REGISTER OF DEEDS


Makati City

Please take notice that a parcel of land covered by Transfer Certificate of Title No.
123456 located in Makati City, registered in the name of defendant, is the subject matter
of an action for reconveyance filed by PANA LO, above-named plaintiff. Accordingly,
please record this notice on the title.

Respectfully submitted.

Makati City, Philippines. July 15, 2013.

ATTY. GALING KO
Counsel for Plaintiff

Copy furnished:

ATTY. LUKRESYA TRILLONI

Counsel for Defendant


696 Coup St., Dtat Subdivision
Quezon City

ADVERSE CLAIM- Whoever claims any part or interest in registered land adverse to the
registered owner, arising subsequent to the date of the original registration, may, if no other
provision is made in this Decree for registering the same, make a statement in writing setting
forth fully his alleged right or interest, and how or under whom acquired, a reference to the
number of the 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.

The statement shall be signed and sworn to, and shall state the adverse claimant's
residence, and a place at which all notices may be served upon him. This statement shall be
entitled to registration as an adverse claim on the certificate of title. The adverse claim shall be
effective for a period of thirty days from the date of registration. After the lapse of said period,
the annotation of adverse claim may be canceled upon filing of a verified petition therefor by the
party in interest: Provided, however, that after cancellation, no second adverse claim based on
the same ground shall be registered by the same claimant.

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 situated for the cancellation of the adverse claim, and
the court shall grant a speedy hearing upon the question of the validity of such adverse claim,
and shall render judgment as may be just and equitable. If the adverse claim is adjudged to be
invalid, the registration thereof shall be ordered canceled. If, in any case, the court, after notice
and hearing, shall find that the adverse claim thus registered was frivolous, it may fine the
claimant in an amount not less than one thousand pesos nor more than five thousand pesos, in its
discretion. Before the lapse of thirty days, the claimant may withdraw his adverse claim by filing
with the Register of Deeds a sworn petition to that effect. (Sec.70, Property Registration Decree)

PURPOSE

Purpose of annotating the adverse claim on the title of the disputed land is to apprise third
persons that there is a controversy over the ownership of the land and to preserve and protect the
right of the adverse claimant during the pendency of the controversy.

Notice to third persons that any transaction regarding the disputed land is subject to the
outcome of the dispute.

Such is registered by filing a sworn statement with the RD of the province where the
property is located, setting forth the basis of the claimed right together with other data pertinent
thereto. The registration of an adverse claim is expressly recognized under Section 70. Where the
notice of adverse claim is sufficient in law and drawn up in accordance with existing
requirements, it becomes the ministerial duty of the RD to register the instrument without
unnecessary delay.

While the act of registration is the operative act which conveys or affects the land insofar
as third persons are concerned, the subsequent sale of property covered by a certificate of title
CANNOT PREVAIL OVER AN ADVERSE CLAIM, duly sworn to and annotated on the
certificate of title previous the sale.

Section 70 is divided into two partsfirst refers to the petition of the party who claims
any part or interest in the registered land, arising subsequent to the date of the original
registration, for the registration of his adverse claim, which is a ministerial function of the
Register of Deeds absent any defect on the face of the instrument. The second refers to the
petition filed in court by a party in interest for the cancellation of the adverse claim upon
showing the same is invalid.

REGISTRATION OF ADVERSE CLAIM

A lease over a parcel of land for a 10-year period, which could not be registered because
the owners duplicate of title wasnt surrendered, could be registered as an adverse claim and the
owner couldnt be compelled to surrender the owners duplicate of the title to that adverse claim
could be annotated thereon.

If the adverse claim turns out to be invalid, the owner could ask for its cancellation and, if
found to be frivolous or vexatious, then costs may be adjudged against the adverse claimant.

The claim of a person that she has hereditary rights in the land fraudulently registered in
his sisters name, because the land 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 to annotate on the title
of the land in question the pendency of such a proceeding by means of a notice of lis pendens for
the purpose of alerting anyone who might wish to buy the land that his purchase may be
questioned later on. Since an adverse claim and a notice of lis pendens have the same purpose,
there would be no need of maintaining the adverse claim. But a notice of levy cannot prevail
over an existing adverse claim inscribed in the certificate of title.

The annotation of an adverse claim is a measure designed to protect the interest of a


person over a piece of real property where the registration of such interest or right isnt otherwise
provided for by PD1529, and serves as a notice and warning to third persons dealing with said
property that someone is claiming an interest on the same or a better right than the registered
owner thereof.

FOR THE SPECIAL REMEDY OF ADVERSE CLAIM TO BE AVAILED OF, IT MUST


BE SHOWN THAT THERE IS NO OTHER PROVISION IN THE LAW FOR
REGISTRATION OF THE CLAIMANTS ALLEGED RIGHT IN THE PROPERTY.

An adverse claim of ownership over a parcel of land registered under the Torrens system
based on prescription and adverse possession cannot be registered as an adverse claimno title
to registered land in derogation of the title of the registered owner shall be acquired by
prescription or adverse possession. Hence, the registration of such adverse claim will serve no
useful purpose and cannot validly and legally affect the parcel of land in question.

REQUISITES OF AN ADVERSE CLAIM

1. The adverse claimant must state the following in writing:


a. His alleged right or interest
b. How and under whom such alleged right or interest is acquired
c. The description of the land in which the riht or interest is claimed
d. The number of the certificate of title

2. The statement must be signed and sworn to before a notary public or other officer authorized
to administer oath.

3. The claimant should state his residence or the place to which all notices may be served upon
him

REGISTRATION COURT MAY DETERMINE THE VALIDITY OF ADVERSE CLAIM

An adverse claim may be cancelled only after the claim is adjudged invalid and
unmeritorious by the court while passing upon a case where the land involved is subject of the
interest or right being secured by the adverse claim.
PURCHASER NOT BOUND BY ANY LIEN NOT ENTERED IN THE CERTIFICATE OF
TITLE FORECLOSURE SALE RETROACTS TO REGISTRATION OF MORTGAGE

The settled doctrine is that the effects of a foreclosure sale retroact to the date of
registration of the mortgage. Hence, if the adverse claim is registered only after the annotation of
the mortgage at the back of the certificate of title, the adverse claim could not affect the rights of
the mortgagee; and the fact that the foreclosure of the mortgage and the consequent public
auction sale have been effected long after the annotation of the adverse claim is of no moment,
because the foreclosure sale retroacts to the date of registration of the mortgage.

FORM NO. 3: AFFIDAVIT OF ADVERSE CLAIM

REPUBLIC OF THE PHILIPPINES)

CITY OF MAKATI ) S.S.

x-------------------------------------x

AFFIDAVIT OF ADVERSE CLAIM

I, HAPPY S. MALIGAYA, of legal age, Filipino, single and a resident of 2223


Washington Street, Pio del Pilar, Makati City, after having been duly sworn to in accordance with
law, depose and state:

1. That on July 10, 2013, I have entered into a Deed of Conditional Sale which was
acknowledged on the same date before Notary Public Juan Tamad of Makati City and entered in
his Notarial Register as Doc. No. 2, Page 2, Book II, Series of 2013. A copy of the said Deed is
hereto attached as ANNEX A and made an integral part of this Affidavit;
2. That in the said Deed of Conditional Sale, I was the VENDEE of a certain parcel of land
covered by Transfer Certificate of Title No. 111222, more particularly described as follows:

(Technical Description of Property)

3. That because I still have a balance on the purchase price in the amount of P500,000.00 which
is payable within one (1) (year) from the date of signing thereof, it was stipulated in the
aforementioned Deed that title and ownership over the subject property will only be transferred
upon full payment of the same;

4. That the VENDOR in the said Deed of Conditional Sale agreed that upon its execution, said
Deed shall be annotated in the Title with the Office of the Register of Deeds of Makati City;

5. However, since the said Deed of Conditional Sale per se could not be annotated on the Title
with the Office of the Register of Deeds, I am therefore executing this Affidavit for the
purpose of attesting to the truthfulness of the foregoing allegations and in support of my request
for the annotation of an adverse claim over the parcel of land covered by the
TransferCertificate of Title No. 111222.

IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of September 2013 in
Makati City, Metro Manila, Philippines.

HAPPY S. MALIGAYA

Affiant

SUBCRIBED AND SWORN TO before me this 26th day of September 2013 in Makati City,
Metro Manila, Philippines, affiant exhibiting to me her Philippine Passport No. 123456 issued in
Manila on January 12, 2012 and valid until January 12, 2017.

Doc. No. _____;

Page No. _____;

Book No. _____;

Series of 2013.
ATTACHMENT, STEPS REQUIRED IN ACQUIRING TCT

LEVY UPON REALTY-to effect, the sheriff is required to do:


1.) file with the Register of Deeds a copy of the order granting the motion for the
issuance of writ of attachment, description of the property attached and notice of
attachment, which contains a reference number of the certificate of title, the volume and
page in the registration book, and the name of the registered owner or owners thereof;
2.) leave with the occupant of the property copy of the same order, description and notice.

SALE AT PUBLIC AUCTION- when the judgment is favorable to the plaintiff who
secured the writ of attachment, and such has become final, a motion for execution of
judgment is filed by plaintiff, and the money judgment may then be executed by the
sheriff. If the judgment debtor has no personal property or cannot pay the judgment debt,
the sheriff will schedule the auction sale of the attached property with prior notice to all
parties concerned.
If, at the public auction sale, there is no bidder except the judgment creditor, the
latter may bid for the total judgment debts, in which case the sheriff will issue to him a
certificate of sale, in the form which will show on its face the following:
1.) Particular description of the real property sold;
2.) The price paid for each lot or parcel:
3.) The whole price paid by him;
4.) A statement that the right of redemption expires one year from the date of registration
of the certificate of sale.
FORM NO. 4: CERTIFICATE OF SALE BY SHERIFF

OFFICERS CERTIFICATE OF SALE

KNOW ALL MEN BY THESE PRESENTS:


That, whereas, an execution of judgment against MANDU RUGAS of Brgy.
Matahimik, in the City of Quezon in Civil Case No. 12345, entitled KATY PURE v
MANDU RUGAS of the City of Quezon, was by me, Sheriff for the City of Quezon, on
the 24th day of February, 2015, levied the following parcel of land of judgment debtor,
with TCT No. 67891012 of the Registry of Deeds for Brgy. Matahimik, City of Quezon,
more particularly described as follows:
A PARCEL OF LAND (Lot 20 Blk 54 of consolidation
subdivision plan (LRC) Pcs-13265, being a portion of the
consolidation of Lots 4751-A and 4751-B (LRC) Psd- 50533,
Lot 3, Psd-100703, Lot 1, Psd-150980, LRC Rec. Nos. Nos. N-27024, 51768, 89632,
N-11782, N-13466, and 21071 situated in the Brgy. Matahimik, City of Quezon. of
Luzon. Bounded on NE., point 4 to 1 by Road Lot 22,
on...to the point of beginning; containing an area of
(280) square meters more or less...
Whereas, on the 27th day of February, 2015, all the estate, right, title interest
and property of defendant in said Civil Case No. 12345 in the premises where by me, the
said Sheriff PAKI ELAMERO , sold at public auction, for the satisfaction of said
execution to KATY PURE of Brgy. Matahimik, Quezon City, who was the highest bidder
and judgment creditor, for P2,867,954.26, which was the amount of the judgment
obligation adjudged in the sain Civil Case No. 12345, and accordingly, no amount of cash
was paid to me.
NOW, BY VIRTUE of the Rules of Court in such cases made and provided, I,
said Sheriff, in consideration of the sum equivalent to the judgment obligation bided by
the judgment creditor, by reason of which the judgment obligation has been satisfied, do
by these presents, sell, convey and assign and set over unto said purchaser, his heirs,
successor and assigns, all the estate, interest, right, title and property of the said MANDU
RUGAS, defendant in the said case, in and to said premises and appurtenances, at the
time of the levy thereon.
To have and to hold said premises to the said KATY PURE, purchaser, his heirs and
assigns forever.
The judgment debtor or defendant MANDU RUGAS or any redemptioner
allowed by law has the right of redemption within one(1) year from the date of
registration of this certificate of sale.

IN WITNESS WHEREOF, I hereunto set my hand and seal on this 20th day
of March, 2015, at Quezon City.
SHERIFF PAKI ELAMERO

ACKNOWLEDGEMENT

REPUBLIC OF THE PHILIPPINES)


_____________________________ ) SS.

BEFORE ME, a Notary Public for and in the City of Quezon, personally appeared:

Name CTC Number Date/Place Issued

MANDURUGAS 67891012 June 12, 1971/ Quezon City


(Name of Buyer) 67891012 March 20, 2015/ Quezon City

Known to me and to me known to be the same persons who executed the


foregoing instrument and acknowledged to me that the same are their free act and
voluntary deed.

This instrument, consisting of 4 pages, including the page on which this


acknowledgment is written, has been signed on the left margin of each and every page
thereof by the concerned parties and their witnesses, and sealed with my notarial seal.

WITNESS MY HAND AND SEAL on this 27th day of March, 2015 at


Quezon City.

Notary Public

Doc. No. ..;


Page No. .......;
Book No. .......;
Series of 20__.

REGISTRATION OF CERTIFICATE OF SALE


The certificate of sale executed by the sheriff (or deputy sheriff) must be registered
by the purchaser of the property at the public auction, from which date of registration the
one-year period to redeem begins to run.
After the expiration of the one-year period to redeem, and no redemption is made,
the sheriff, upon request of the purchaser, will execute a FINAL BILL OF SALE of the
property.
FINAL BILL OF SALE
The sheriff will execute a final bill of sale after the expiration of the redemption
period and no redemption is made. This final bill of sale will have to be registered, as
basis for issuance of new TCT in favor of the purchaser, if the latter can produce the
defendant owners duplicate certificate of title, which must be presented to the Register
of Deeds as the latters basis for issuing a new certificate of title.
FORM NO. 5: FINAL BILL OF SALE

OFFICERS FINAL BILL OF SALE


KNOW ALL MEN BY THESE PRESENTS:
That, whereas, an execution of the judgment against MANDU RUGAS of
Brgy. Matahimik, Quezon City in Civil Case No. 12345 entitle KATY PURE v.
MANDU RUGAS of Quezon city, was by me, Sheriff for Quezon city, on this 27 th day
of March 2015, levied the following parcel of land of judgment debtor, with TCT No.
67891012 of the Registry of Deeds for Brgy. Matahimik, Quezon City, more particularly
described as follows:
A PARCEL OF LAND (Lot 20 Blk 54 of consolidation
subdivision plan (LRC) Pcs-13265, being a portion of the
consolidation of Lots 4751-A and 4751-B (LRC) Psd- 50533,
Lot 3, Psd-100703, Lot 1, Psd-150980, LRC Rec. Nos. Nos. N-27024, 51768, 89632,
N-11782, N-13466, and 21071 situated in the Brgy. Matahimik, City of Quezon. of
Luzon. Bounded on NE., point 4 to 1 by Road Lot 22,
on...to the point of beginning; containing an area of
(280) square meters more or less..."
Whereas, on the 24 th of February, 2015, all the estate, right, title interest and
property of defendant in said Civil Case No. 12345 in the premises where by me, the said
Sheriff PAKI ELAMERO, sold at public auction, for the satisfaction of said execution to
KATY PURE of Quezon City, who was the highest bidder and judgment creditor, for P
P2,867,954.26, which was the amount of the judgment obligation adjudged in the sain
Civil Case No. 12345, and accordingly, no amount of cash was paid to me.
WHEREAS, more then one(1) year from the registration of the certificate of
sale on March 27, 2015, had lapsed, without the defendant or anyone on his behalf
redeeming he above property sold at public auction, so that the rights and interest of the
judgment creditor KATY PURE, who is the highest bidder in the auction sale have been
complete and vested, entitling him to the issuance of a new TCT in his name.
NOW, BY VIRTUE of the Rules of Court in such cases made and provided,
I, the Sheriff, in consideration of the sum equivalent to the judgment obligation bided by
the judgment creditor, by reason of which the judgment obligation has been satisfied, do
by these presents, sell, convey and assign and set over, by way of absolute sale, unto and
in favor of said purchaser, KATY PURE, of legal age. Filipino citizen, married to JOHN
MAY and with residence at No.8, Biglang-Awa St., True Village, Quezon City, his heirs,
successors and assigns, all the estate, interest, right, title and property of the said
MANDU RUGAS, defendant in said case, in and to said premises and appurtenances, at
the time of the levy thereon, with TCT No.67891012 more particularly described in the
first whereas clause, above.

IN WITNESS WHEREOF, hereunto set my hand and seal on this 30th day
of April, 2016, at Quezon city.

SHERIFF PAKI ELAMERO

ACKNOWLEDGEMENT

BEFORE ME, a Notary Public, for and in ________________, this 30 th day of


April, 2016 personally appeared:

Name Identification Card Issued On/At

All known to me to be the same persons who executed the foregoing instrument
and hereby acknowledged to me that the same is their free and voluntary act and deed.
This instrument consisting of two (4) pages, including this page on which this
acknowledgment is written refers to a BILL OF FINAL SALE and has been signed by the
parties and their witnesses and sealed with my notarial seal.

WITNESS MY HAND AND NOTARIAL SEAL.


Doc. No. ____
Page No. ____
Book No. ____
Series of 2016.
CONVEYANCE OF PRIVATELY-OWNED LANDS OF THE GOVERNMENT

The government may sell its privately-owned lands or those which are called
PATRIMONIAL PROPERTY. The deed of conveyance should also be registered with the
Registry of Deeds for the City or Province, where the property is located, and a new title
may be secured by the buyer in his name. There must be a law authorizing its sale or
alienation by the President or by another officer before conveyance can be executed on
behalf of the government.

Section 48, Book I of the Administrative Code of 1987 provides:

Sec. 48. Official Authorized to Convey Real Property. - Whenever real property of the
Government is authorized by law to be conveyed, the deed of conveyance shall be
executed in behalf of the government by the following:
(1) For property belonging to and titled in the name of the Republic of the Philippines,
by the President, unless the authority therefor is expressly vested by law in another

(2) For property belonging to the Republic of the Philippines but titled in the name of
any political subdivision or of any corporate agency or instrumentality, by the executive
head of the agency or instrumentality.

The sale of Patrimonial properties must be in favor of qualified citizens in


accordance with the procedure provided by law. In the absence of any specific law, the
sale of patrimonial property shall be in accordance with the provisions of Commonwealth
Act No. 141:
that there shall be public bidding and in favor of such persons, corporations
as are entitled to purchase or lease agricultural public lands and subject to the
limitations there in provided.

OTHER RULINGS AS TO WHO ARE QUALIFIED TO OWN LANDS

Section 7 of Article XII of the 1987 Constitution provides:

Section7. Save in cases of hereditary succession, no private lands shall be


transferred or conveyed except to individuals, corporations, or associations qualified to
acquire or hold lands of the public domain.

The capacity to acquire land is limited to an individual or corporation qualified to acquired or


hold lands of the public domain. Under Section 3 of the same article, private corporations may
not hold lands of the public domain except by lease and citizens may lease and acquire alienable
public lands. On the other hand, Section 2 of the same article, limits the exploitation,
development and utilization of agricultural lands to private corporation the capital of which is
owned by at least 60% of Filipino citizens except by hereditary succession, which only refers to
Intestate Succession.
Another exception to Section 7 is that which is provided in Section 8 of Article XII of the
Constitution, which reads:

Section 8. Notwithstanding the provisions of Section 7 of this Article, a natural-born


citizen of the Philippines who has lost his Philippine citizenship may be a transferee of private
lands, subject to limitations provided by law.

Section 7 does not cover Testamentary Successions, otherwise may be circumvented.

CONSTITUTIONAL PROVISIONS

The pertinent provisions of Article XII of the Constitution on disposition of lands of the public
domain read:

Section 3. Lands of the public domain are classified into agricultural, forest or timber, mineral
lands and national parks. Agricultural lands of the public domain may be further classified by
law according to the uses to which they may be devoted. Alienable lands of the public domain
shall be limited to agricultural lands. Private corporations or associations may not hold such
alienable lands of the public domain except by lease, for a period not exceeding twenty-five
years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in
area. Citizens of the Philippines may lease not more than five hundred hectares, or acquire not
more than twelve hectares thereof, by purchase, homestead, or grant.

Taking into account the requirements of conservation, ecology, and development, and
subject to the requirements of agrarian reform, the Congress shall determine, by law, the size of
lands of the public domain which may be acquired, developed, held, or leased and the conditions
therefor.

Section 4. The Congress shall, as soon as possible, determine, by law, the specific limits of
forest lands and national parks, marking clearly their boundaries on the ground. Thereafter,
such forest lands and national parks shall be conserved and may not be increased nor
diminished, except by law. The Congress shall provide for such period as it may determine,
measures to prohibit logging in endangered forests and watershed areas.

DISPOSITION OF LAND OF THE PUBLIC DOMAIN

As provided for in Section 2 of Article XII of the Constitution, all natural resources are not
alienable, except, agricultural lands. Section 3 of the same article provides that agricultural lands
may be classified by law according to the uses to which they may be devoted.

o Public Agricultural lands- are those alienable portions of the public domain which are
neither timber nor mineral. It includes residential, commercial and industrial lands.

Alienable agricultural lands of the public domain may be disposed of pursuant to Section 3 of
Article XII of the Constitution, in the following manner:

1. In favor of citizens of the Philippines, by lease or not more than five hundred
hectares or by acquisition by purchase, homestead, or grant of not more than twelve hectares.
2. In favor of private corporation or association, only by lease of not more than one
thousand hectares, for a period of not exceeding twenty-five years, renewable for not more than
twenty-five years, and the Public Land Acts prescribes the substantive and procedural
requirements for such lease.

The corporations disqualified to acquire alienable agricultural lands are private corporations.
Public corporations or those owned by the State are qualified to acquire alienable agricultural
lands.