Land Titles and Deeds
Section 48. Certificate of title NOT Subject
COLLATERAL ATTACK [C,A,M,E,D]
A certificate of title cannot be impugned, altered,
changed, modifies enlarge except in a direct proceeding
for the purpose. The validity of the certificate of title can
be threshed out only by a direct proceeding filed in court.
The certificate of title serves as an evidence of an
indefeasible title to the property in favor of the person
whose name appears therein.
It can only be attacked only for fraud within one year from
the date of the issuance of the decree of registration.
The issue of validity of the title of respondents can only
be assailed in an action expressly instituted for that
purpose. (Not incidental but a direct attack)
Collateral Direct
In an action obtain a When the object of the
different relief, an attack on action is to annul or set
the judgement is an aside such judgment, or
incident thereof. enjoin its enforcement.
A direct attack on the title may be made in a
counterclaim or third-party complaint. It is considered as
a new suit as if it were an independent action.
Section 49. Splitting, Consolidation of Titles
Section 50. Subdivision and Consolidation Plans
If only a portion of a land describe in the certificate of
title is conveyed, the ROD shall not enter any new title
until after the plan indicating the portions into which the
land has been subdivided shall first be presented
together with technical description thereof.
to
Subsequent Registration
I. Voluntary Dealings with Registed Lands
Section 51. Coneyance and other Dealings by registered
owner [C,M,L,C]
Form is important for validity, convenience, and
enforceablitiy
GR: Form is not important for the validity of a contract
provided there is CONSENT, SUBJECT MATTER, and
CAUSE. (Consensual)
XPN: When the law requires that a contract be in some
form in order that it may be valid or enforceable, or that
a contract be proved in a certain way, that requirement
is absolute and indispensable (Donation, Mortgage etc.)
Contract of Sale Contract to Sell
Title to the property passes Ownership is, by
to the vendee upon the agreement, reserved in the
delivery of the things sold. vendor and is not to pass
to the vendee until full
payment of the purchase
price.
Act of registration is the operative act to convey or affect
registered land insofar as third persons are concerned.
Registration is the notice to the whole world. It is
constructive notice to all persons from the time of such
registering, filing or entering. It is the registration that
binds or affects third persons.
As between the parties to a contract of sale, registration
is not necessary to make it valid and effective for actual
notice is equivalent to registration. Even without the act
of registration, a deed purporting to convey or affect
registered land shall operate as a contract between the
parties.
Section 52. Constructive Notice Upon Registration
GR: Every person dealing with a registered land may
safely rely on the correctness of the certificate of title
and will no way oblige him to go beyond it.
XPN: When a party has actual knowledge of the facts
and circumstances that would impel a reasonable
cautious man to make such inquiry into the status of the
title of the property.
A person dealing with the registered land is merely
charged with the notice of the burdens on the property
which are noted on the face of the register or the
certificate of title.
Under the rule of notice, it is presumed that the
purchaser has examined every instrument of record
affecting the title. It cannot be defeated by lack of
knowledge of what the record contains.
The purpose of registration is to notify the interest of
strangers to a given transaction, who may be ignorant
thereof, and the non-registration of the deed evidencing
said transaction does not relieve the parties of their
obligation thereunder.
Notice of Lis Pendens Serves as warning to a
prospective buyer or an encumbrancer that a particular
property is in litigation, and that he should keep his hands
off the same, unless he intends to gamble on the results
of the litigation.
1|P a ge
Land Titles and Deeds
An INNOCENT PURCHASER FOR VALUE one who
buys the property of another without notice that some
other person has a right on interest in it, and who pays a
full and fair price at the time of the purchase or before
receiving any notice of another persons claim.
Purchaser is not required to explore further than what
title indicated for hidden defects. Every person may
safely rely on the correctness of the title and is no longer
required to look behind the certificate in order to
determine the actual owner. He is charged with notice
only of such burdens and claims which are annotated on
the title.
It follows that where there is nothing in the title to indicate
any cloud or vice in the ownership of the property, or any
encumbrance thereon, the purchaser is not required to
explore farther than what the title upon its face indicates
in quest for any hidden defects or inchoate right that may
subsequently defeat his right thereto.
A purchaser who has knowledge of defect of his vendors
title cannot claim good faith. He cannot close his eyes to
facts which should put a reasonable cautious man upon
his guard, to put him upon such inquiry and investigation
as might be necessary to acquaint him with the defects
of his title, and then claim that there was no defect in the
title.
Good faith applicable to lessees and mortgagees:
A mortgagee has a right to rely in good faith on the
certificate of title of the mortgagor to the property given
as security
Banks are cautioned to exercise more care and
prudence in dealings even with registered land, for their
business is affected by public interest. The
ascertainment of the status or condition of a property
offered to it a security must be standard and
indispensable part of its operations.
INVOLUNTARY VOLUNTARY
An entry thereof in the day If the owners duplicate is
book is a sufficient notice to not surrendered and
all persons of such adverse presented or if no payment
claim even if the owners of fees is made within 15
duplicate of title is not days, entry in the day book
presented to the ROD and of the deed of sale does not
without being annotated on operate to convey and
the back of the title affect the land sold.
(i.e. Attachment, Levy upon
Execution, Lis Pendens)
Entry alone produces the effects of registration whether
the transaction is a voluntary or involuntary one, so long
as the registrant has complied with all that is required of
him and nothing is more to be done but a duty incumbent
solely on the ROD (DBP vs ROD Nueva Ecija)
Section 53. Presentation of Owners Duplicate upon Entry
of New Certificate
The production of the owners duplicate certificate,
whenever voluntary instrument is presented for
registration, shall be conclusive authority from the
registered owner to the ROD to enter a new certificate of
title or to make a memorandum of registration with such
instrument.
To affect the land sold, the presentation of the deed of
sale and its entry in the day book must be done with the
surrender if the owners duplicate.
Issuance of TCT without presentation of the owners
duplicate is unwarranted and confers no right on the
purchaser.
Remedy in case of refusal or failure to surrender:
A. Order the registered owner/withholding the
duplicate to surrender and direct the entry of a new
certificate/memorandum
B. If he refuses, the court may order the annulment
as well as the issuance of a new certificate of title in
lieu thereof. Such new certificate shall contain a
memorandum of annulment of the outstanding
duplicate.
Original owner may seek for annulment of transfer on the
ground of fraud without prejudice to the rights of any
innocent purchaser for value.
GOOD FAITH a well-founded belief that the person
from whom title was received was the owner and with a
right to convey it.
GR: A forged deed is a nullity and conveys no title.
The innocent purchaser for value protected by law
is one who purchases a titled land by virtue of a
deed executed by the registered owner himself, not
by a forged deed.
When the instrument presented for registration is
forged, the registered owner does not thereby lose
his title, and neither does the assignee or the
mortgagee, for that matter acquire any right or title
to the property
Sec 53. x x x After the entry of the decree of registration
on the original petition or application, any subsequent
registration procured by the presentation of a forged
duplicate certificate of title, deed or other instrument shall
be null and void
XPN: But a forged deed may the basis of a good title in
the hands of a bona fide purchaser
Where innocent third persons relying in the
correctness of the certificate of title issued, acquired
rights over the property, the court cannot disregard
such rights and order the cancellation for that would
impair public confidence of the certificate.
An mortgagee for value has the right to rely on what
appears in the certificate of title, in the absence of
anything to excite suspicion, he is under no
obligation to look beyond the certificate and
investigate the title of the mortgagor appearing on
the face of said certificate.
The giving of a certificate of title by the owner to another
person(impostor) is not in itself an act of negligence,
especially so where it does not appear that owner has
executed any document authorizing the holder of the
certificate to execute deeds fir and in their behalf.
Rule in Cases of Double Sale:
Art. 1544 provides, Should it be immovable
property, the ownership shall belong to the person
acquiring it who in good faith first recorded it in the
ROD
He who is first in in time is preferred in right
A mortgagee in good faith has a right to rely on the
certificate of title of the mortgagor of the property given
as a security and in the absence of any sign that might
arouse suspicion, has no obligation to undertake further
investigation.
2|P a ge
Land Titles and Deeds
Hence, even if the mortgagor is not the rightful owner of,
does not have a valid title to, the mortgagee is entitled to
protection.
Section 54. Dealings less than ownership, how
registered.
At the dorsal side of a certificate of title is a memorandum
of encumbrances affecting the property. It is here that all
interests in registered land less than ownership shall be
entered by the ROD. (i.e. Mortgage/Lease)
It is not necessary to issue a new certificate of title on the
basis of an instrument which does not divest the
ownership or title from the owner or from the transferee
of the registered owner.
A brief memorandum of the nature of the instrument
entered on the certificate of title on the certificate of title,
signed by the ROD, shall serve as notice to third parties
of the instrument affecting the property. A similar entry
shall be made on the owners duplicate of title. The
cancellation or extinguishment of such interest or rights
shall be recorded in the same manner.
Section 55. Contents of the instrument presented for
registration
Section 56. Primary Entry Book; Fees; Certified Copies
An innocent purchaser for value of registered land
becomes the registered owner from the moment he
presents and files a duly notarized deed of sale and is
entered in the ay book at the same time surrenders the
duplicate title and pays the full amount registration fees,
because what remain to be done lies not within his power
to perform
Requirements for the registration:
Voluntary Involuntary
a. Filing and Attachment, levy upon
registration in the execution, lis pendens and
day book of thr the like, entry of the
notarized deed corresponding order or
or instrument notice on the day book
operates as a sufficient
b. Surrendered of notice to all persons of such
owners incidents, even without the
duplicate presentation of the owners
duplicate of title
c. Payment of fees
Section 57. Procedure in Registration of Conveyances.
PROCEDURE IN REGISTRATION OF CONVEYANCES.
An owner desiring to convey his registered land in fee simple
shall execute and register a deed of conveyance in a form
sufficient in law. The Register of Deeds shall thereafter make
out in the registration book a new certificate of title to the
grantee and shall prepare and deliver to him an owner's
duplicate certificate. The Register of Deeds shall note upon
the original and duplicate certificate the date of transfer, the
volume and page of the registration book in which the new
certificate is registered and a reference by number to the last
preceding certificate. The original and the owner's duplicate of
the grantor's certificate shall be stamped "cancelled". The
deed of conveyance shall be filed and indorsed with the
number and the place of registration of the certificate of title of
the land conveyed.
Section 57. Procedure Where Conveyance Involves
Portion of Land Are Conveyed
a. If only a portion of land is subject to conveyance,
the ROD shall not issue any TCT until a plan
showing the portion into which is has been
subdivided and the corresponding technical
description shall have been approved and verified.
b. However, the deed of conveyance in the meantime
be annotated by way of memorandum on the
grantors certificate of title to serve as notice to 3 rd
persons.
c. Upon approval of the plan and the technical
description, it shall be filed with the office of the
ROF for annotation on the certificate of title.
d. ROD shall then issue a new TCT to the grantee for
the portion conveyed upon cancellation of the
grantors certificate as to said portion.
Section 58. Carry Over of Encumbrances
Whenever registered land is conveyed, all subsisting
encumbrances or annotations appearing in the
registration shall be carried over and noted on the new
certificate of title EXCEPT where said encumbrances or
annotations are simultaneously released or discharge.
Section 60. Mortgage or Lease of Registered Land
A property has been identified or set apart from the mass
of the property of the debtor-mortgagor as security for
the payment or the fulfillment of an obligation to answer
the amount of indebtedness, in case of default payment.
R: Article 2085 [S, A, F]
A mortgage is regarded as nothing more than a mere
lien, encumbrance or security for a debt, and passes to
no title or estate to the mortgagee and gives him no right
or claim to the possession of the property.
Mortgage lien is a right in REM which follows the
property. It is indispensable from the property
mortgaged. It subsists notwithstanding a change in the
ownership the personality of the owner is disregarded. It
creates a real right which is enforceable against the
whole word.
Even if the mortgage property is sold or its possession
transferred to another, the property remains subject to
the fulfillment of the obligation.
Equitable Mortgage - one which, although lacking in
some formality, form or words, or other requites
demanded by a statue, nevertheless reveals the
intention of the parties to charge a real property as a
security, and contain nothings impossible or contrary to
law.
Section 61. Registration
The recording of a mortgage puts the whole world on
constructive notice of its existence and warn everyone
who thereafter deals with the property on which it was
constituted that he would have to reckon with that
encumbrance.
What are the rights in innocent purchaser for value?
Absence of anything to excite or arouse suspicion,
said mortgagee is under no obligation to look
beyond the certificate and investigate the title of the
mortgagor appearing on the face of said certificate
Being an innocent purchaser for value, its right or
lien upon the land mortgaged must be respected
and protected, even if the mortgagor obtained their
title thereto through fraud.
Where the mortgage is admittedly a forgery and the
registered owner has not been shown to have been
3|P a ge
Land Titles and Deeds

negligent or in connivance with the forger, the mortgage Good Faith; the filing of the action must have been
cannot be enforced against the owner. for sole purpose of determining the redemption
price
A forged power of attorney is without force and effect, Once the redemption price is determined at a
and the record of the mortgage constituted by virtue reasonable time the redemptioner must make a
thereof is likewise null and void and could not prejudice prompt payment
the rights of the owner.
In order to bind the principal by a mortgage on a real
property executed by an agent, it must upon its face
purport to be made, signed and sealed in the name of
the principal, otherwise, it will bind the agent only.

Unrecorded sale is preferred because the original owner Equity of Redemption Right of Redemption
had parted with his ownership and free disposal of that
thing so as to be able to mortgage it again. The right of the mortgagor The right of the mortgagor
to redeem the mortgaged to repurchase the property
SECTION 62. DISCHARGE OR CANCELLATION property after his default in even AFTER confirmation
the performance of the of the sale, in cases of
Upon full payment of the indebtedness or expiration of conditions of the mortgage foreclosure by banks, within
the lease agreement, a mortgage or lease on registered but BEFORE the sale of the 1 year from the registration
may be discharged or cancelled by means of an property or confirmation of of the sale.
instrument by the mortgage or lessee in public the sale.
instrument which shall be filed with the ROD.
This is simply the right of
PACTUM COMMISORIUM A stipulation in the contract the defendant mortgagor to
that the ownership of the property would automatically extinguish the mortgage
pass to the mortgagee in case no redemption was and retain ownership of the
effected with the stipulated period is VOID which enables property by paying the
secured debt within the 90-
the mortgagee to acquire ownership of the mortgage
day period after the
property without the need of foreclosure. judgment becomes final, in
accordance with Rule 68, or
1. There should be a property mortgaged by way even after the foreclosure
of security of the payment of the obligation. sale but prior to its
confirmation
2. There should be a stipulation for automatic
appropriation by the creditor of the thing Applies to Judicial Applies to Extra-Juidicial
mortgaged in case of non-payment of the Foreclosure Foreclosure
principal obligation within the stipulated
period.
Confirmation of Sale

SECTION 63. FORECLOSURE OF M ORTGAGE
FORECLOSURE - the process by which a mortgagee
acquires an absolute title to the property of which he has
previously been only the conditional owner or upon which
he had previously a mere lien or encumbrance.
Prescription: 10 years
Remedies in case of default: [ 1. Demandable and
liquidated 2. Delays performance 3. Creditor extra
judicially or extra judicially requires the debtors
performance]
a. Foreclose the mortgage
b. File an ordinary action to collect the debt
Judicial Foreclosure of Mortgage: Rule 68, Section 3,
ROC
Extrajudicial Foreclosure the property is foreclosed by
the filing of a petition with the office of the sheriff of the
province where the sale is to made.
REDEMPTION
The period of redemption shall be at any time within one
year from the date of registration of sale. It should not be
counted from date of foreclosure sale, but from the time
certificate of sale is registered with ROD since it is only
from these date of its registration that a certificate of sale
takes effect as a conveyance.
By failing to redeem, the mortgagor loses all his interest
over the foreclosed property. The purchaser becomes
the absolute owner.
Rule in Case of Judicial Redemption:
Timely redemption or redemption by expiration date
It is confirmation by the court of the action sale that would
divest the mortgagors of their rights to the mortgage lot
and vest such rights in the bank as purchaser at the
auction sale. Title vest only when the sale has been
validly confirmed by the court.
What is required for redemption is the tender of the
amount due under the mortgage deed, plus interest, and
note merely the purchase price at the auction sale.
If the land is mortgage to a rural bank, the mortgagor may
redeem the property within two years from the date of
foreclosure or from the sheriffs certificate of sale at such
foreclosure. If the mortgagor fails to exercise such right,
his heirs may still repurchase the property within 4 years
from the expiration of the two-year redemption period.
After the one-year redemption period, the mortgagor
loses all interest over the foreclosed property, the
possession of land becomes an absolute right of the
purchaser as confirmed by the owner. The purchaser can
demand possession at any time following the
consolidation of ownership in his name and the issuance
to him of a new TCT.
Writ of Possession (ex parte and summary)
The purchaser is entitled to the possession of the
property and can demand that he be placed in
possession unless a third party is actually holding the
property by adverse title or right.
SECTION 64. POWER OF ATTORNEY
Special Power of Attorney refers to a clear
mandate specifically authorizing the performance
of an act, and must therefore be distinguished from
an agency couched in general terms.

4|P a ge
Land Titles and Deeds

Section 65. Trust in Registered Land Section 70. Adverse Claim

Trust a fiduciary relationship with respect to property, Nature

which involves the existence of equitable duties imposed
upon the holder of the title to the property to deal with it An adverse claim is a notice of a claim adverse to the
for the benefit of another registered owner, the validity if which is yet to be
established at some future fate and is no better than a
Express Trust - Which the direct and positive of the notice of lis pendens which is a notice of a case already
parties create, by some writing or deed, or will, or by pending in court.
words evincing intention to create a trust. A statement in writing setting forth a subsequent right or
interest claimed involving the property, adverse to the
Implied Trust - Implied trusts are those which, without registered owner.
being express, are deducible from the nature of the
transaction as matters of intent, or which are super Purpose
induced on the transaction by operation of law as matters
The purpose of annotating is to preserve and protect the
of equity, independently of the particular intention of the
right of the adverse claim during the pendency of the
parties.
controversy. It a notice third persons that any transaction
regarding the disputed land is subject to the outcome of
Constructive Resulting
the dispute
Imposed where a Arises when a
person holding title to person makes or
Requisites:
property is subject to causes to be made
an equitable duty to a disposition of
1. The adverse claimant must state the following:
convey it to another property under
a. His alleged right or interest
on the ground that he circumstances
would ne unjustly which arises an b. How and under whom interest is acquired
enrich if he were inference that he c. Description of the land
permitted to retain it. does not intend d. No. of the certificate of title
(Fraud, Duress, that the person
Abuse of confidence) holding or taking 2. Must be signed and sworn to before a notary public
the property should 3. State his residence or the place which all notices
have beneficial may be served upon him.
interest.
The validity or efficaciousness of an adverse claim nay
only be determined by the court upon petition by an
interest party, in which event, the court shall order the
immediate hearing thereof and make the proper
SECTION 66. TRUST WITH POWER TO SALE, ETC., HOW
adjudication as justice and equity may warrant.
EXPRESSED
Adverse claim does not ipso facto cancelled after 30
days. The cancellation of the adverse claim is still
SECTION 67. JUDICIAL APPOINTMENT OF NEW necessary to render it ineffective, otherwise, the
TRUSTEE inscription will remain annotated and shall continue as a
lien upon the property. There must a be a court hearing
If a new trustee of registered land is appointed by a court of to afford the claimant an opportunity to be heard.
competent jurisdiction, a new certificate may be issued to him
upon presentation to the Register of Deeds of a certified copy
of the order or judicial appointment and the surrender for Section 71. Surrender of certificate in involuntary
cancellation of the duplicate certificate. dealings.

SECTION 68. IMPLIED TRUST, HOW ESTABLISHED The court may compel surrender of a certificate of tile as
an incident to the main case. It requires the registered
Should file with the ROD a sworn statement: owner to produce the owners certificate that an
attachment of other lien in the nature of involuntary
A. Description of the land dealing, like an adverse claim, may be annotated
B. Name of registered owner thereon. If the owner neglects or refuses to comply within
C. Reference to the number of the certificate of title a reasonable time, he shall report such fact to proper
RTC in which shall, after notice, direct owner to produce
his certificate at a time and place specified in its order.
INVOLUNTARY DEALING
Any lien annotated on the previous certificate of title
Section 69. Attachment
which subsist should subsist should be incorporated in
or carried over to the new certificate of title.
Nature of Attachment

Attachment the process of seizing anothers property
in accordance with a writ or judicial order for the purpose
of securing satisfaction of a judgement yet to be
rendered.
The writ if attachment is used primarily to seize the
debtors property in order to secure the debt or claim of
the creditor in the event that a judgement is rendered.
Section 72. Dissolution, etc. of attachments, etc.
Attachments and liens of every description upon registered
land shall be continued, reduced, discharged and dissolved
by any method sufficient in law, and to give effect to the
continuance, reduction, discharge or dissolution thereof the
certificate or other instrument for that purpose shall be
registered with the Register of Deeds.

Section 73. Registration of orders of court, etc. If an

Discharge of an attachment
It may be discharged upon giving a counter bond or on
the ground that the same was improperly or irregularly
issued or enforced, or that the bond is insufficient.
attachment is continued, reduced, dissolved, or otherwise
affected by an order, decision or judgment of the court where
the action or proceedings in which said attachment was made
is pending or by an order of a court having jurisdiction thereof,
a certificate of the entry of such order, decision or judgment
from the clerk of court or the judge by which such decision,

5|P a ge
Land Titles and Deeds
order or judgment has been rendered shall be registered upon
presentation to the ROD.
Section 74. Enforcement of liens on registered land
Whenever registered land is sold on execution, or taken
or sold for taxes or for any assessment or to enforce a
lien of any character or for any cost and charges incident
to such liens, any execution, or copy of execution, any
officers return, or any deed demand, certificate, or other
instrument made in the course of the proceeding shall be
filed with the ROD.
The ff. incidents on registered lands in the nature of
involuntary dealings shall be registered to be effective:
a. Continuance, Dissolution, Discharge of attachment
b. Orders of decision of the court
c. Deed of Sale, officers Return, Order if execution
and other instrument
Section 75. Application for New Certificate Upon
Expiration of Redemption Period.
Entry of a new certificate in case registered which has
been sold on execution for the enforcement of any lien,
except a mortgage lien, has not been redeem within the
period, the purchaser or anyone claiming under him may
petition for the issuance of a new certificate of title to him.
But before the entry of such new certificate, the
registered owner may pursue all legal and equitable
remedies to impeach or annul the proceeding.
Section 76. Notice of Lis Pendens
Lis Pendens means that a particular real property is in
litigation. It refers to the jurisdiction, power or control
which a court acquires over the property involved in a
suit, pending continuance of the action, and until
judgement.
The inscription serves as warning that one who acquires
an interest over litigated property does so at his own risk,
or that he gambles on the result of the litigation.
a. To Protect the rights off the party causing the
registration of the lis pendens
b. Advice third persons who purchase or contract that
the subject property that they do so at their peril and
subject to the result of the pending litigation;
When deemed registered:
Entry in the primary entry book the entry of the notice
of the lis pendens in the primary entry book of the
Register of Deeds is sufficient to constitute registration
and such entry is notice to all persons of such claim. In
involuntary registration, it is not necessary that the notice
be annotated on the back of the corresponding original
certificate of title.
Effects of registration:
1.Any purchaser of the lot cannot invoke the rights
of a purchaser in good faith and has acquired no
more rights than the seller who had none.
2. Judgment binds third persons any decision
involving any right to land in the case referred to in
the notice of lis pendens shall bind not only the
parties thereto, but also third persons
In case of subsequent sale or transfer, the ROD is duty
bound to carry over the notice of lis pendens on all titles
to be issued. Such entryy of lis pendens cannot be
cancelled until the final termination of the litigation, and
the notice must be carried over in all titles subsequently
issued, which yield to the ultimate result of appeal.
Section 77. Cancellation of Lis Pendens
A notice of lis pendens may be cancelled upon the order
of the court on the ff. grounds:
1. Annotation was for the purpose of molesting the
title of the adverse party
2. When the annotation is not necessary to protect
the title of the party who caused it to be recorded
3. Upon a verified petition of the party who cause
the registration
Registration of judgements; Orders; Partitions
Section 78. Judgment for Plaintiff. Whenever in any action
to recover possession or ownership of real estate or any
interest therein affecting registered land judgment is entered
for the plaintiff, such judgment shall be entitled to registration
on presentation of a certificate of the entry thereof from the
clerk of court where the action is pending to the Register of
Deeds for the province or city where the land lies, who shall
enter a memorandum upon the certificate of title of the land to
which such judgment relates. If the judgment does not apply
to all the land described in the certificate of title, the certificate
of the clerk of the court where the action is pending and the
memorandum entered by the Register of Deeds shall contain
a description of the land affected by the judgment.
Section 79. Judgment adjudicating ownership. When in
any action to recover the ownership of real estate or an
interest therein execution has been issued in favor of the
plaintiff, the latter shall be entitled to the entry of a new
certificate of title and to the cancellation of the original
certificate and owner's duplicate of the former registered
owner. If the registered owner neglects or refuses within a
reasonable time after request of the plaintiff to produce his
duplicate certificate in order that the same may be canceled,
the court shall, on application and after notice, enter an order
to the owner to produce his certificate at the time and place
designated, and may enforce the order by suitable process.
Section 80. Execution of deed by virtue of
judgment. Every court rendering judgment in favor of the
plaintiff affecting registered land shall, upon petition of said
plaintiff, order and parties before it to execute for registration
any deed or instrument necessary to give effect to the
judgment, and shall require the registered owner to deliver his
duplicate certificate to the plaintiff or to the Register of Deeds
to be canceled or to have a memorandum annotated upon it.
In case the person required to execute any deed or other
instrument necessary to give effect to the judgment is absent
from the Philippines, or is a minor, or insane, or for any reason
not amenable to the process of the court rendering the
judgment, said court may appoint a suitable person as trustee
to execute such instrument which, when executed, shall be
entitled to registration.
Section 81. Judgement of Partition
Partition is the separation, division and assignment of
a thing held in common among those to whom it may
belong. Every act which is intended to put an end to in-
division among co-heirs and legatees or devisees is
deemed to be a partition, although it should purport to be
a sale, an exchange, a compromise, or any other
transaction.
6|P a ge
Land Titles and Deeds
Judicial Partition
A person having the right to compel the partition of real
estate may do so by setting forth in his complaint the
nature and extent of his title and an adequate description
of the real estate of which partition is demanded and
joining as defendants all other persons interested in the
property. If the trial the court finds that the plaintiff has
the right thereto, it shall order the partition of the real
estate among all the parties in interest.
If actual partition is made, the judgement shall state
definitely, by metes and bound and adequate
description, the particular portion of the real estate
assigned to each party, and the effect of the judgement
shall be to vest in each party to the action on severalty
the portion of the real estate assigned to him.
Extra Judicial Partition between Heirs.
The parties may without securing letters of
administration, vide the estate among themselves as
they see fit by means of public instrument filed in the
office of the ROD, and should they disagree, they may
do so in an ordinary action for partition.
Stages in Partition
1. Determination of whether or not a co-ownership on
fact exist and a partition as proper, that is, it is not
legally proscribed and be made by voluntary
agreement of the parties.
2. When the parties are unable to agree upon the
partition ordered by the court, the partition shall be
effected by the court with assistance of not more
than 3 commissioners.
Section 82. Registration of prior registered mortgaged or
lease on partitioned property.
If a certified copy of a final judgment or decree of partition is
presented and it appears that a mortgage or lease affecting a
specific portion or an undivided share of the premises had
previously been registered, the Register of Deeds shall carry
over such encumbrance on the certificate of title that may be
issued
Section 82. Registration of prior registered mortgaged or
lease on partitioned property. If a certified copy of a final
judgment or decree of partition is presented and it appears
that a mortgage or lease affecting a specific portion or an
undivided share of the premises had previously been
registered, the Register of Deeds shall carry over such
encumbrance on the certificate of title that may be issued.
Section 83. Notice of insolvency. Whenever proceeding in
bankruptcy or insolvency, or analogous proceedings, are
instituted against a debtor who owns registered land, it shall
be the duty of the officer serving the notice of the institution of
such proceedings on the debtor to file a copy thereof with the
office of the Register of Deeds for the province or city where
the land of the debtor lies. The assignee or trustee appointed
by the court in such proceedings shall be entitled to the entry
of a new certificate of the registered land of the debtor or
bankrupt, upon presenting and filing a certified copy of the
assignment in insolvency or order or adjudication in
bankruptcy with the insolvent's or bankrupt's duplicate
certificate of title; but the new certificate shall state that it is
entered to him as assignee in insolvency or trustee in
bankruptcy or other proceedings, as the case may be.
Section 84. Judgment or order vacating insolvency
proceedings. Whenever any of the proceedings of the
character named in the preceding section against a registered
owner, of which notice has been registered, is vacated by
judgment, a certified copy of the judgment or order may be
registered. Where a new certificate has been entered in the
name of the assignee or trustee, such certificate shall be
surrendered for cancellation and forthwith the debtor shall be
entitled to the entry of a new certificate to him
Section 85. Land Taken by Eminent Domain.
Eminent Domain
The right of the eminent domain is usually understood to
be an ultimate right of the sovereign power to appropriate
any property within its territorial sovereignty. It enables
to forcibly acquire private lands intended for public use
upon payment of just compensation to the owner.
Section 86. Extrajudicial settlement of Estate
If the decedent left no will and no debts and the heirs are
all of age, or the minors are represented by their judicial
or legal representative duly authorized for the purpose,
the parties may, without securing letters of
administration, vide the estate among themselves as
they see fit by means of public instrument filed in the
office of the ROD, and should they disagree, they may
do so in an ordinary action for partition.
Section 87. Filing of letters of administration and will.
Before the executor or administrator of the estate of a
deceased owner of registered land may deal with the same,
he shall file with the office of the Register of Deeds a certified
copy of his letters of administration or if there is a will, a
certified copy thereof and the order allowing the same,
together with the letters testamentary or of administration with
the will annexed, as the case may be, and shall produce the
duplicate certificate of title, and thereupon the Register of
Deeds shall enter upon the certificate a memorandum thereof,
making reference to the letters and/or will by their file number,
and the date of filing the same.
Section 88. Dealings by administering subject to court
approval. After a memorandum of the will, if any, and order
allowing the same, and letters testamentary or letters of
administration have been entered upon the certificate of title
as hereinabove provided, the executor or administrator may
alienate or encumber registered land belonging to the estate,
or any interest therein, upon approval of the court obtained as
provided by the Rules of Court.
Section 89. Land devised to executor
Section 90. When executor empowered by will to SELL,
CONVEY, ENCUMBER, CHARGED, OR OTHERWISE
DEAL WITH THEL LAND
Section 91. Transfer in anticipation of final distribution
Section 92. Registration of final distribution.
Section 93. Contribution to the Assurance Fund
Section 94. Custody and investment of fund
Section 95. Action for compensation from funds
Section 95 provides a remedy whereby a person who
sustains loss or damage or is deprived of any estate or
interest in land consequence of the operation of the
Torrents system of registration without negligence on his
part, may bring an action for the recovery of damages to
be paid out of the Assurance Fund
a. A person sustains loss or damage or deprived of
any estate or interest in land
b. On account in bringing the land under the Torrens
System arising AFTER original registration
c. Through FRAUD, ERROR, OMISSION, MISTAKE,
MISDESCRIPTION
d. Without negligence on his part
e. Barred or precluded from bringing an action for the
rercovery of such land or estate or interest therein.
7|P a ge
Land Titles and Deeds

Conditions Sine Qua Non action at any time within two years after such disability has
been removed, notwithstanding the expiration of the original
period of six years first above provided.
a. The person who brings an action must be the
OWNER, that they be innocent purchaser and in
good faith Registration of Patents
b. There must showing that there is no negligence on
the part of the party sustaining the loss or damage
Section 103. Certificate of Title Pursuant to Patents
or deprivation of land

Where disposable public land is granted by the

Section 96. Against whom action is filed
The action shall be brought against the ROD of the
province or city where the land lies and the national
Treasurer as defendants.
Section 97. How Judgement is satisfied
Where the judgement is rendered against the
government, execution shall first issue the persons who
have been joined as co-defendants and if the execution
is returned unsatisfied, then the damages awarded by
the court shall be assessed against the Assurance Fund.
Section 98. General Fund when liable.
If at any time the Assurance Fund is not sufficient to satisfy
such judgment, the National Treasurer shall make up for the
deficiency from any funds available in the treasury not
otherwise appropriated. Public Land Act (CA No. 141)
government by virtue of a public patent (HOMESTEAD,
SALE, FREE PATENT), the patent is recorded and the
corresponding certificate of title is issued to the grantee;
thereafter, the land is automatically brought under the
operation of the Property Registration Decree, entitled to
all the safeguard of a veritable Torrens title.
The certificate of title issued by virtue of said patent has
the force and effect of a Torrens title issued through
judicial proceeding. This principle is applicable to
certificates of title issued by virtue of other land patents
under the PLA such as free patents, sales patents,
special patents.
Imperium Dominium
The government authority The states capacity to own
possessed by the state or acquire property
which is appropriately
embraced in the concept of
sovereignty

Section 99. Subrogation of government to plaintiff's The law governed the disposition of lands in public
rights. domains. It prescribed rules and regulations for the
homesteading selling, and leasing of portions of the
In every case where payment has been made by the National public domain of the Philippines, and prescribed the
Treasurer in accordance with the provisions of this Decree, terms and conditions to enable persons to perfect their
the Government of the Republic of the Philippines shall be titles to public lands.
subrogated to the rights of the plaintiff against any other
parties or securities. The National Treasurer shall enforce said Public Land Act Property Registration
rights and the amount recovered shall be paid to the account Decree
of the Assurance Fund. Presumption is always that There exist already title
land applied for pertains to which is to be confirmed by
Section 100. Register of Deeds as party in interest. the State, and that the the court.
occupants and possessors
claim an interest only in the
When it appears that the Assurance Fund may be liable for same by virtue of their
damages that may be incurred due to the unlawful or imperfect title or
erroneous issuance of a certificate of title, the Register of continuous, open,
Deeds concerned shall be deemed a proper party in interest notorious possession.
who shall, upon authority of the Commissioner of Land
Registration, file the necessary action in court to annul or The court may dismiss the
amend the title. The court has jurisdiction or application with or without
power to adjudicate land in prejudice to the right to file
favor of any of the a new application for the
The court may order the Register of Deeds to amend or cancel conflicting claimants. registration of the same
a certificate of title or to do any other act as may be just and land.
equitable.

The only risk is that an

Section 101. Losses not recoverable. applicant runs is to have his
The applicant runs the risk
application denied
of losing the land applies for
The Assurance Fund shall not be liable for any loss, damage
or deprivation caused or occasioned by a breach of trust,
whether express, implied or constructive or by any mistake in
the resurveyed or subdivision of registered land resulting in
the expansion of area in the certificate of title.

Section 102. Limitation of Action.

Any action for compensation against the Assurance Fund by
reason of any loss, damage or deprivation of land or any
interest therein shall be instituted within a period of six years
from the time the right to bring such action first occurred:
Provided, That the right of action herein provided shall survive
to the legal representative of the person sustaining loss or
damage, unless barred in his lifetime; and Provided, further,
That if at the time such right of action first accrued the person
entitled to bring such action was a minor or insane or
imprisoned, or otherwise under legal disability, such person or
anyone claiming from, by or under him may bring the proper
No public lands can be acquired by private persons
without any grant, express or implied from the
government. It is indispensable that there be a showing
of a title from the state. (Homestead, Sale, Free Patent,
Grant).
The law requires at least 30 years of open continuous,
exclusive and notorious possession and occupation of
agricultural lands of the public domain, under a bona fide
claim of acquisition immediately preceding the filing if the
application for free patent.
8|P a ge
Land Titles and Deeds
EFFECT OF COMPLIANCE WITH LEGAL
REQUIREMENTS:
When a homesteader has complied with all the terms
and conditions which entitle him to a patent for a
particular tract of public land, he acquires a vested
interest therein, and is to be regarded as the equitable
owner thereof
The execution and delivery of the patent, after the right
to a particular piece of land has become complete, are
the mere ministerial acts of the officer charged with that
duty
Even without the patent, a perfected homestead is a
property right in the fullest sense, unaffected by the fact
that the paramount title to the land is still in the
government
Modes of Disposition (Public Lands suitable:
1. Homestead settlement
2. Sale
3. Lease
4. Confirmation of imperfect title or incomplete titles
a. Judicial Legalization
b. Administrative Legalization
Homestead Patent its object is to provide a home for
each citizen of the state, where his family may shelter
and live beyond the reach of financial misfortune, and
inculcate in individuals those feelings of independence
which are essential to the maintenance of free institution.
1. Citizen of the Philippines
2. Over 18 years of age or head of the family
3. Not exceeding 12 hectares
4. Must have cultivated and improved at least 1/5
of land continuously since approval of the
application
5. Resided for at least 1 year in the municipality in
w/c the land is located or in the municipality
adjacent to the same
6. Payment of required fee
When a homesteader has complied with all the
terms and conditions which entitle to him to a
patent for a particular tract of public land, he
acquires aa vested interest therein and is to be
regarded as an equitable owner thereof.
Even without a patent, a perfected homestead is a
property in the fullest sense, unaffected by the fact
that paramount title to land is still in the
government.
Where all the necessary requirements for a grant by
the government are complied with through actual
physical possession, openly, continuous, and
publicly with a right to a certificate of title, the
possessor is deemed to have already acquired by
operation of law not only a right to a grant but a
grant of the government, for it is not necessary that
a certificate of title be issued in order that grant may
be sanctioned by the courts. (Susi vs Razon)
Sale Patent
A. Public Agricultural Lands
1. Citizen of the Philippines
2. Over 18 years of age or head of the family
3. Not exceeding 12 hectares
4. Mode of sale through sealed bidding
5. Paid in full or 10 annual equal installment
6. Must have cultivated and improved at least 1/5 of
land within 5 years from date of award
7. Must show actual occupancy, cultivation and
improvement of at least 1/5 of the land until the date
of final payment
B. Residential, Commercial, Industrial purposes
Lease only:
a. Lands reclaimed by the government by degrading,
filling, or other means
b. Foreshore
Sold on a condition that purchaser shall make improvements
of a permanent character:
a. Marshy lands or lands covered with water bordering
upon the shore or banks if navigable river
b. Lands not included in any of the following classes
Provided:
a. The purchaser shall make improvements of a
permanent character appropriate for the purpose for
which the land is purchased within 18 months from the
date of the award.
C. Residential Purposes
Any Filipino citizen of legal age who is not the owner of
a home lot on the municipality or city in which he resided
and which has in good faith established his residence on
a parcel of the public land which is not needed for public
service, shall be given preference to purchase at a
private sale of which reasonable notice shall be given to
him not more 1000 sqm at a price to fixed by the DOL
with approval of Secretary. It shall be essential condition
of this sale that occupants has constructed his house on
the land actually resided therein.
D. Lands within military reservations
E. Lands for educational, charitable, and other
similar purposes
Free Patent
Any natural born citizen of the Philippines who is the
owner of more than 12 hectares and who, for at least 30
years prior to the effectivity of this amendatory Act, has
continuously occupied and cultivated, either by himself
or through his predecessors-in interest a tract or tracts of
agricultural public lands subject to disposition, who shall
have paid the real estate tax thereon while the same
hasnt been occupied by any person shall be entitled,
under the provisions of this Chapter, to have a free
patent issued to him for such tract or tracts of such land
not to exceed 12 hectares.
PD 1073apply only to A and D lands of the public
domain which have been in open, continuous, exclusive,
and notorious possession and occupation by the
applicant himself or thru his predecessors-in-interest,
under a bona fide claim of ownership.
RA No. 10023
Disposition of residential lands by means of a free patent
under the provisions od said act.
Reservations
Upon the recommendation of the secretary, the
president may designate by proclamation any tract of
land if the public domain as reservations for the use of
the of the Republic or any of its subdivisions, branches
9|P a ge
Land Titles and Deeds

or inhabitant thereof or for quasi-public uses or purposes
when the public interest requires it.
Special Patent
Period of redemption under section 119: 5-year period for
legal redemption starts from the date of the execution of the
deed of sale, and not from the date of registration in the office
of the ROD

Rule when the homestead is the subject of mortgage

Patent to grant, cede, and convey full ownership of
alienable and disposable lands formerly covered by a
reservation or lands of the public domain and is issued
upon the promulgation of a special law or act of congress
or by the secretary.
The redemption period should be reckoned from the
date of registration of the certificate of sale in the ROD
concerned and not from the date of public auction.

The grant by law of a property for the full ownership of
the grantee while the classification of the land is not at all
decisive on such description since the special law or act
of congress or the executive order may classify the land
differently.
Rule in case of mortgage to a rural bank
Vested Right some right or interest in property that has
become fixed and established, and is no longer open to
doubt or controversy. Rights are vested when the right to
enjoyment, present or prospective, has become the
property of some person as present interest.
The patent or grant shall not take effect as conveyance
or bind the land but shall operate only as a contract
between the parties. It is the act of registration that
conveys or affects the land, and bind third persons.
Only the government may initiate an action for
cancellation of title and reversion. The Solicitor General
or the officer acting in his stead has the authority to
institute the action on behalf of the republic for
cancellation of title and for reversion of the land to the
government.
Courts have jurisdiction over possessory actions
involving public lands.
It is a well-recognized principle that purely administrative
and discretionary functions may not be interfered with by
the courts. Findings of facts by an administrative board
or official, following a hearing, are binding upon the court
and will not be disturbed except where a board or official
has gone beyond his authority, exercised
unconstitutionality powers, or clearly acted arbitrarily and
without regard of his duty or with grave abuse of
discretion.
It begins not at the date of the sale but rather on the
day after the expiration of the period of repurchase,
when the deed of absolute sale is executed and the
property formally transferred to the purchaser.
The mortgagor may redeem the property within two
years from the date of foreclosure or from the
registration of COS. If the mortgagor fails to exercise
such right, he or his heirs may still repurchase the
property within 5 years from the expiration of the 2-year
redemption period. If it is mortgaged other than rural
banks, it may be purchased within 1 year from the
registration of the COS. If he fails to do so, his heirs
may repurchase within 5 years from the expiration of
the redemption period.
Repurchase may be barred by laches. While the rule is
that the right to repurchase may not be waived, a
patentee or his heirs may however lose that right by
virtue of laches.
a. Conduct in the part of defendant, or of one whom
he claims, giving rise to situation which cimplaint is
made and for which the complaint seeks a
remedy.
b. Delay in asserting the complainants right, the
complainant having had knowledge or notice, of
the defendant conduct and having been afforded
an opportunity to institute a suit.
c. Lack of knowledge or notice on the part of the
defendant that the complainant would assert the
right on which he bases his suit.
d. Injury or prejudice to the defendant in the event
relief is accorded to the complaint, or the suit is not
held to be barred.

Prohibition against alienation of lands acquired under the

Rule of Pari Delicto not applicable
homestead and free patent provisions.

When the contract is merely prohibited and not illegal per

Land acquired under a homestead or fire patent not
se, the prohibition is designed for the protection of the
subject to alienation or encumbrance. It clearly
party seeking to recover, he is entitled to the relief prayed
proscribes the alienation or encumbrance of a parcel of
for whatever public policy is enhanced thereby. The
land acquired under a free patent or homestead within 5
prohibition to alienate is predicated on the fundamental
years from the grant of such patent. Such alienation or
policy of the state to preserve and keep in the family of
encumbrance would result in the cancellation of the grant
the homesteader that portion of public land which the
and reversion to land of public domain.
state has gratuitously given to him.

Homestead laws were designed to distribute disposable

agricultural lots of the state to land-destitute citizens for
their home and cultivation. The state prohibition the sale
or encumbrance of the homestead within five years after
the grant of the patent. After that five-year period the law
impliedly permits alienation of the homestead; and shall
be subject to repurchase by the homesteader, his widow
or heirs with 5 years.

Ratio:

To give the grantee every chance to preserve for

himself and his family the land that the state has
gratuitously given to him as rewards for his labor in
cleaning and cultivating it. To provide home and
decent living for destitutes, aimed at promoting a
class if independent small landholder, which is the
bulwark of peace and order.

10 | P a g e
Land Titles and Deeds
Petitions and actions after original registration
Section 107. Surrender of the withheld duplicate
certificate
Remedy where duplicate certificate is withheld.
In case a person in possession of the owners duplicate
certificates refuses or fails to surrender the same the
ROD so that any voluntary or involuntary instrument may
be registered and a new certificate issued, the party in
interest may file a petition in court to compel surrender of
the same to the ROD. The court after hearing, may order
the registered owner or any person withholding the
duplicate certificate to surrender the same, and direct the
entry of a new certificate or memorandum upon such
order. If the person withholding the certificate is not
amenable to the process of the court, or if any reason the
outstanding owners duplicate cannot be delivered, the
court may order the ANNULMENT of said certificate and
the issuance of a new certificate of title in lieu thereof.
Such new certificate and all duplicate thereof shall
contain a memorandum of the annulment of the
outstanding duplicate
Section 108. Amendment and alteration of certificates.
A registered owner or any other person having an
interest in registered property may file with the proper
RTC a petition for amendment or alteration of a
certificate of title on any of the following grounds:
a. Registered interest if any description has
terminated ceased (vested, contingent, inchoate,
expectant)
b. New interest not appearing have arisen or been
created
c. Any omission or error was made in entering a
certificate or an memorandum
d. Same or any person on the certificate has been
changed
e. Registered owner has married (or terminated)
f. Corporation which owned the land has been
dissolve
g. Any other reasonable ground
If the petition is warranted, the court may order the entry
or cancellation of a certificate of title, the entry or
cancellation upon a certificate, or grant any other relief
upon such terms and conditions.
Section 109. Notice and replacement of lost or duplicate
certificate
Notice and replacement of lost duplicate certificate. In case
of loss or theft of an owner's duplicate certificate of title, due
notice under oath shall be sent by the owner or by someone
in his behalf to the Register of Deeds of the province or city
where the land lies as soon as the loss or theft is discovered.
If a duplicate certificate is lost or destroyed, or cannot be
produced by a person applying for the entry of a new
certificate to him or for the registration of any instrument, a
sworn statement of the fact of such loss or destruction may
be filed by the registered owner or other person in interest
and registered.
Upon the petition of the registered owner or other person in
interest, the court may, after notice and due hearing, direct
the issuance of a new duplicate certificate, which shall
contain a memorandum of the fact that it is issued in place of
the lost duplicate certificate, but shall in all respects be
entitled to like faith and credit as the original duplicate, and
shall thereafter be regarded as such for all purposes of this
decree.
Section 110. Reconstitution of lost or destroyed original
of Torrens Title.
Reconstitution of a certificate of title denotes the
restoration in its original form and condition of a lost or
destroyed original or transfer certificate of title on file in
the office of the ROD. The purpose of it is to have the
title reproduced in exactly the same wat it was at the time
of its loss or destruction.
a. The certificate is lost or destroyed
b. Documents are sufficient and proper to
warrant reconstitution
c. Petitioner is the registered owner
d. The description, area and boundaries are
substantially the same.
Judicial Reconstitution
It is an action in rem, it is one directed not only against a
particular person but against the thing itself. It is to bar
indifferently all who might be minded to make any objection
against the right sought to be enforced or established, the
judge therein is binding theoretically upon the whole world.
a. Published in the official Gazette
b. Posted in a conspicuous place
c. Mailed to every person names in the notice whose
address is known failure to comply such requirements
will nullify
Administrative Reconstitution
Administrative proceeding of lost or destroyed
certificates of title may be availed only if case of
substantial loss or deterioration of land titles due to fire,
flood, or other force majeure as determined by the
administrator of the LRA and on the further condition
that:
a. The no. of certificates of title lost or
damaged should at least be ten
percent of total number in the
possession of ROD.
b. In no case shall be the number of
certificated be less than 500.
Summary of principles in reconstitution proceedings.
a. A Torrens title can be cancelled only in a
proceeding directly attacking the titles validity
before the proper RTC
b. A reconstitution of torrents title, cannot proceed
once it is shown that another title has already been
issued to another person over the same property.
The existence of a prior title nullifies the
reconstitution proceedings.
c. The reconstituting officer has no jurisdiction to
decide the issue of ownership over the property or
the validity of title, the purpose of it is to replace a
certificate that was lost or destroyed in the same
legal status existed at the time of the loss or
destruction.
d. The absence of any document, private or official,
does not warrant the granting of a petition for
recantation
e. The absence of opposition from the government
agencies is of no controlling significance because
the state cannot be estopped by omission, mistake,
or error of its officials or agents.
.
11 | P a g e