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ACTION FOR RECONVEYANCE

> Legal and equitable remedy granted to the rightful owner of the land which has been
wrongfully or erroneously registered in the name of another for the purpose of compelling the
latter to transfer or reconvey the land to him
> After one year from the issuance of the decree, may bring action for reconveyance of the
property
> Only to show that the person who secured the registration of the questioned property is not the
real owner thereof
> Seeks to transfer or reconvey the land from the registered owner to the rightful owner
> Property is deemed to be held in trust for the real owner by the person in whose name it is
registered
> Section 96 is the basis of this remedy

DECREE BECOMES INCONTROVERTIBLE AFTER 1 YEAR FROM THE ISSUANCE


OF DECREE

> Action for reconveyance still available as remedy


> Action in personam that it is always as long as the property has not passed to an innocent
purchaser for value

RELEVANT ALLEGATIONS

1. That the plaintiff is the owner of the land


2. That the defendant has illegally disposed him of the same

ACTION FOR RECONVEYANCE IS AN ACTION IN PERSONAM

> Binding only upon the parties properly impleaded and duly heard or given an opportunity to be
heard
> Directed against specific persons and seek personal judgments
> Court must have jurisdiction over the defendant

THE RTC HAS EXCLUSIVE JURISDICTION OVER AN ACTION FOR


RECONVEYANCE THE OWNERS OF THE PROPERTY OVER WHICH
RECONVEYANCE IS BEING SOUGHT ARE INDISPENSIBLE PARTIES WITHOUT
WHOM NO RELIEF IS AVAILABLE ACTION FOR RECONVEYANCE MAY BE
BARRED BY THE STATUTE OF LIMITATIONS LACHES MAY BAR RECOVERY

1. Conduct on the part of the defendant or of one under whom him or one under who he claims,
giving rise to the situation of which complaint is made and for which the complainant seeks
relief
2. Delay in asserting the complainant’s rights, the complainant having had knowledge or notice,
or the defendant’s conduct and having been afforded an opportunity to institute a suit
3. Lack of knowledge or notice on the part of the defendant that the complainant would assert the
right on which he bases his suit
4. Inquiry or prejudice to the defendant in the event the relief is afforded the complainant or the
suit is not held to be barred

ACTION MAY BE BARRED BY RES JUDICATA

1. Final judgment
2. Court has competent jurisdiction
3. Between the first and second causes of action—there is identity of
parties, subject matter and causes of action

STATE IS NOT BARRED BY PRESCRIPTION PROOF OF OWNERSHIP AND


IDENTITY INDISPENSIBLE

ACTION FOR DAMAGES

> Is available when the remedy of an action for reconveyance may no longer be availed of

> When the land has passed already to the hands of an innocent
purchaser for value

JUDICIAL RECONSTITUTION UNDER REPUBLIC ACT 26

> Republic Act 26: An Act Providing a Special Procedure For The Reconstitution of Torrens
Certificate of Titles Lost or Destroyed

> Reconstitution of title is an action in rem

> A judicially reconstituted title has the same validity and legal effect as the original thereof, and
isn’t subject to the reservation that it shall be without prejudice to any party whose right or
interest in the property was duly noted in the original at the time of loss or destruction but which
entry or notation hasn’t been
made on the reconstituted title

> The limitation that reconstitution of title should be limited to the certificate as it stood at the
time of its loss or destruction has reference only to changes which alter or affect title of the
registered owner and not to mere liens and other encumbrances

RECONSTITUTION DENOTES RESTORATION OF THE LOST TITLE IN ITS


ORIGINAL FORM AND CONDITION
> Purpose is to have it reproduced, after observing the procedure prescribed by law in the same
form they where when the loss or destruction occurred

> The fact that the title to the land was lost doesn’t mean that the lot ceased to be a registered
land before the reconstitution of its title

> As the subject land didn’t cease to be titled, it cannot be acquired by acquisitive prescription

> Reconstitution is proper only when it is satisfactorily shown that the title sought to be
reconstituted is lost or no longer available

> Where the petition for reconstitution wasn’t to restore a lost registered certificate of title but to
re-register and issue a new certificate in the names of petitioner and her deceased husband, in
lieu of one originally registered in the names of other persons, the petition should be denied
without prejudice to the right of the
parties to take the necessary action under Section 51 and 53 of PD1529

> Republic Act 26 provides for special procedure for the reconstitution of torrens certificate of
title that are missing and not fictitious titles which are existing. Where a certificate of title over a
parcel of land was reconstituted judicially and later it was found that there existed a previous
certificate of title covering the same land in the name of another person, the court ruled that the
existence of the prior title ipso facto nullified the reconstitution proceedings

SOURCES OF RECONSTITUTION ORIGINAL CERTIFICATES OF TITLE

1. The owner’s duplicate certificate of title


2. The co-owner’s, mortgagee’s, or lessee’s duplicate certificate of title
3. A certified copy of the certificate of title, previously issued by the RD or by a legal custodian
thereof
4. An authenticated copy of the decree of registration or patent, as the case may be, pursuant to
which the original certificate of title was issued
5. A document, on file with the RD, by which the property, the description of which is given in
said document, is mortgaged, leased, or encumbered, or an authenticated copy of said document
showing that its original has been registered
6. Any other document which, in the judgment of the court is sufficient and proper basis for
reconstituting the lost or destroyed certificate of title
FOR TRANSFER CERTIFICATE OF TITLE

1. The owner’s duplicate certificate of title


2. The co-owner’s, mortgagee’s, or lessee’s duplicate certificate of title
3. A certified copy of the certificate of title, previously issued by the RD or by a legal custodian
thereof
4. The deed of transfer or other document, on file in the RD, containing a description of the
property, or an authenticated copy thereof, showing that its original had been registered, and
pursuant to which the lost or destroyed transfer certificate of title was issued
5. A document, on file with the RD, by which the property, the description of which is given in
said document, is mortgaged, leased, or encumbered, or an authenticated copy of said document
showing that its original has been registered
6. Any other document which, in the judgment of the court is sufficient and proper basis for
reconstituting the lost or destroyed certificate of title

FOR LIENS AND ENCUMBRANCES

1. Annotations or memoranda appearing on the owner’s co-owner’s mortgagee’s or lessee’s


duplicate
2. Registered documents on file in the RD, or authenticated copies thereof showing that the
originals thereof had been registered
3. Any other document which, in the judgment of the court is sufficient and proper basis for
reconstituting the liens or encumbrances affecting the property covered by the lost or destroyed
certificate of title

MEANING OF “ANY OTHER DOCUMENT”

> As per LRC circular #35, the signed duplicate copy of the petition to be forwarded to this
Commission shall be accompanied by the following:
o A duly prepared plan of said parcel of land in tracing cloth, with 2 print copies thereof,
prepared by the government agency which issued the certified technical
description, or by a duly licensed Geodetic Engineer who shall certify thereon that he prepared
the same on the basis of a duly certified technical description. Where the plan as submitted is
certified by the government agency which issued the same, it is sufficient that the technical
description be prepared by a duly licensed Geodetic Engineer on the basis of said certified plan.
o The original, 2 duplicate copies, and a Xerox copy of the original of the technical description
of the parcel of land covered by the certificate of title, duly certified by the authorized officer of
the Bureau of Lands or the LRC who issued the technical description
o A signed copy of the certification of the RD concerned that the original of the certificate on
title on file with the RD was either lost or destroyed, indicating the name of the registered owner,
if known from the other records in file in said office.

WHERE TO FILE PETITION; CONTENTS

> Shall be filed by the registered owner, his assigns, or any person having interest in the property
with the proper RTC where the same is based on sources enumerated earlier

> Contents shall be as followed—


1. That the owner’s duplicate had been lost or destroyed
2. That no co-owner’s, mortgagee’s, lessee’s, duplicate had been issued or, if any had been
issued, the same had been lost or destroyed
3. The location, area and boundaries of the property
4. The nature and description of the buildings or improvements, if any, which don’t belong to the
owner of the land, and the names and addresses of the owners of such buildings or improvements
5. The names and addresses of the occupants or persons in possession of the property, of the
owners of the adjoining properties and all persons who may have any interest in the property
6. A detailed description of the encumbrances if any, affecting the property
7. A statement that no deeds or other instruments affecting the property have been presented for
registration, or if there be any, the registration thereof hasn’t been accomplished, as yet

REQUIREMENTS OF NOTICE BY PUBLICATION, POSTING AND MAILING

1. To be published twice, at the expense of the petitioner, in successive issues of the Official
Gazette
2. To be posted on the main entrance of the provincial building and of the municipal building of
the municipality or city in which the land is situated
3. Copy of the notice to be sent by registered mail or otherwise, at the expense of the petitioner,
to every person named therein whose address is known, within 30 days prior the date of hearing

> The jurisdiction of the court is hedged in the forewalls of the petition and the published notice
of hearing which define the subject matter of the petition.

PRESIDENTIAL DECREE No. 1529

AMENDING AND CODIFYING THE LAWS RELATIVE TO REGISTRATION OF


PROPERTY AND FOR OTHER PURPOSES
DEALINGS WITH UNREGISTERED LANDS

Section 113. Recording of instruments relating to unregistered lands. No deed, conveyance,


mortgage, lease, or other voluntary instrument affecting land not registered under the Torrens
system shall be valid, except as between the parties thereto, unless such instrument shall have
been recorded in the manner herein prescribed in the office of the Register of Deeds for the
province or city where the land lies.

(a) The Register of Deeds for each province or city shall keep a Primary Entry Book and a
Registration Book. The Primary Entry Book shall contain, among other particulars, the entry
number, the names of the parties, the nature of the document, the date, hour and minute it was
presented and received. The recording of the deed and other instruments relating to unregistered
lands shall be effected by any of annotation on the space provided therefor in the Registration
Book, after the same shall have been entered in the Primary Entry Book.

(b) If, on the face of the instrument, it appears that it is sufficient in law, the Register of Deeds
shall forthwith record the instrument in the manner provided herein. In case the Register of
Deeds refuses its administration to record, said official shall advise the party in interest in writing
of the ground or grounds for his refusal, and the latter may appeal the matter to the
Commissioner of Land Registration in accordance with the provisions of Section 117 of this
Decree. It shall be understood that any recording made under this section shall be without
prejudice to a third party with a better right.

(c) After recording on the Record Book, the Register of Deeds shall endorse among other things,
upon the original of the recorded instruments, the file number and the date as well as the hour
and minute when the document was received for recording as shown in the Primary Entry Book,
returning to the registrant or person in interest the duplicate of the instrument, with appropriate
annotation, certifying that he has recorded the instrument after reserving one copy thereof to be
furnished the provincial or city assessor as required by existing law.

(d) Tax sale, attachment and levy, notice of lis pendens, adverse claim and other instruments in
the nature of involuntary dealings with respect to unregistered lands, if made in the form
sufficient in law, shall likewise be admissible to record under this section.

(e) For the services to be rendered by the Register of Deeds under this section, he shall collect
the same amount of fees prescribed for similar services for the registration of deeds or
instruments concerning registered lands.

BACKGROUND OF THE TORRENS SYSTEM OF REGISTRATION

> In this system, title by registration takes the place of “title by deeds” of the system under the
“general” law

> A sale of land for example is effected by a registered transfer, upon which a certificate of title
is issued
o Certificate is guaranteed by statute, and with certain exceptions, constitutes indefeasible title to
the land mentioned therein
o Under old system, the same sale would be effected through conveyance, depending on its
validity, apart from intrinsic flaws, on the correctness of a long series of prior deeds, wills, etc.

> Object of the Torrens system: to do away with the delay, uncertainty, and expense of the old
conveyancing system
> Generally, by “Torrens” systems are meant those systems of registration of transactions with
interest in land whose declared object is, under governmental authority, to establish and certify to
the ownership of an absolute and indeafisible title to realty, and to simplify its transfer.

Torrens certificate of title is indefeasible and binding upon the whole world unless it is nullified
by a court of competent jurisdiction in a direct proceeding for cancellation of title.

Reconstitution of Certificate of Title

March 7, 2016fundamentals of land title and registration

What is the reconstitution of certificate of title?

Reconstitution of certificate of title is the restoration of the instrument which is supposed to have
been lost or destroyed in its original form and condition, under the custody of the Register of
Deeds.

What are the kinds of reconstitution of certificate of title?

1. Judicial reconstitution which partakes the nature of a land registration proceeding in rem. As
PD 1529 states:

Section 2. Nature of registration proceedings; jurisdiction of courts. Judicial proceedings for the
registration of lands throughout the Philippines shall be in rem and shall be based on the
generally accepted principles underlying the Torrens system.

2. Administrative reconstitution which may be availed of only in case of:

a) Substantial loss or destruction of the original land titles due to fire, flood, or other force
majeure as determined by the Administrator of the Land Registration Authority;
b) The number of certificates of title lost or damaged should be at least 10% of the total number
in the possession of the Office of the Register of Deeds;
c) In no case shall the number of Certificates of title lost or damaged be less than 500; and
d) The Petitioner must have the duplicate copy of the certificate of Title. (RA 6732)

What are the other petitions/transactions after original registration?

1. Amendment and Alteration of Certificate of Title


2. Surrender of Withheld Duplicate Certificate of Title
3. Replacement of Lost Duplicate Certificate of Title
What are the laws governing the reconstitution of title?

A. Act 496: Land Registration Act of 1903 (approved November 6, 1902, effective January 1,
1903)

1. Governs the homesteading, selling, and leasing of portions of the public domain of the country
2. The purpose of the Torrens System of Registration is to quiet title to the land
3. Perfects for the issuance of patents without compensation to certain native settlers
4. The Court of Land Registration, the Register of Deeds and the Torrens system of registration
were created
5. Real estate ownership may be judicially confirmed and recorded in the archives of the
government
6. The term “public land” referred to all lands of the public domain whose title still remained
with the government; excluded the patrimonial property and friar lands
7. Act No. 926 is the first Public Land Act (1903)
8. Act No. 2874 is the second Public Land Act (1919) and was passed under the Jones Law

B. Act No. 2259: Cadastral Act (effective on February 11, 1913)


1. Only unregistered lands may be the subject of a cadastral survey and those already titled
cannot be the subject of cadastral proceedings.
2. It aims to settle and adjudicate any lands upon order of the President to the Director of Lands
to make a government survey in the interest of the public. All conflicting interests on lands shall
be adjudicated (to be settled by law) through the Solicitor General who represents the Director of
Lands.
3. The cadastral court over previously titled lands is only focused on correction of technical
errors in the description of the land.
4. The decree was awarded to the person with better claim and shall be the basis for the
insurance of certificate of title which shall have the same effect as a certificate of title granted
under the Property Registration Decree

C. CA No. 141: Public Land Act (approved on November 7, 1936, effective on December 1,
1936)

1. The law governed the classification and disposition of lands of the public domain
2. It is the first law for judicial confirmation of imperfect and incomplete titles
3. Free patent under rule states that the area of the land must not exceed 24 hectares for any
natural Filipino citizens and cultural minorities
4. The qualification includes: must be a natural born citizen, does not own more than 24 hectares
of land since July 24, 1926, continuous occupation and cultivation for at least 30 years, pays
realty tax of the property. Cultural minorities are required to have a continuous occupation and
cultivation of the land since July 24, 1955 whether disposable or not for at least 30 years, not an
owner of any real property.

D. PD 1529: Property Registration Decree (approved on June 11, 1978, effective on June 11,
1978)
1. Amended and codified the laws relative to registration of property
2. Included judicial confirmation of imperfect or incomplete titles which tackled cadastral,
voluntary and involuntary registration proceedings and the certificate of land transfer and
emancipation patents
3. The court may dismiss the application of the applicant with or without prejudice to the right to
file a new application for the registration of the same land Court of First Instance was given the
exclusive jurisdiction over all applications for original registration of title to lands, including
improvements and interests therein and over all petitions filed after original registration of title.
4. Homestead patent Issued by the Director Lands over land not of the public domain is a nullity,
devoid of force and effect against the owner whose title is covered by an OCT or TCT.
5. Registration of untitled lands or lands with imperfect titles is ineffective against third persons.
That in case of double sale, the title registered under the Torrens System is superior than title
registered under Act 3344. Registration under the Torrens System, at the Registry of Deeds is
needed so that title shall be binding upon third parties.

E. PD 892 (issued on February 16, 1976)

1. Discontinued the system of land registration under the Spanish Mortgage Law and the use of
Spanish titles as evidence in land registration proceedings
2. Holders of Spanish titles must apply for registration within 6 months or until August 16, 1976
from this decree’s effectivity or else their titles would produce no registration
3. Under this decree, Spanish titles can no longer be used as evidence of ownership

F. 1987 Constitution

1. SEC 3, ARTICLE XII refers to ownership of government lands which states that for Citizens
of the Philippines they can lease not more than 500 hectares and acquire not more than 12
hectares
2. Free Patent rule under the Constitution states that any natural born citizen of the Philippines
who is not the owner of more than 12 hectares and who, for at least 30 years including his
predecessor-in-interest has continuously occupied the land. He shall be entitled an area not to
exceed 12 hectares-Torrens title issued on the basis of the free patent becomes as indefeasible as
one that was judicially secured upon the expiration of one year from date of issuance of patent.

G. RA 6732 (approved July 17, 1989)

1. Allowing administrative reconstitution of original copies of certificates of titles lost or


destroyed due to fire, flood and other force majeure;
2. Administrative reconstitution available to original certificates of title lost are at least 10% of
all the titles in the Registry of Deeds but not less than 500 titles whichever is higher;
3. Administrative reconstitution of titles shall be without prejudice to parties whose rights or
interests may been annotated on the lost or destroyed original certificates of titles.

H. RA 6657 Comprehensive Agrarian Reform Program/ CARP (approved June 15, 1988)
1. Applicable to all agricultural lands regardless of produce
2. The choice of productive landholdings belongs to the owner of the land
3. Retention is 5 hectares to landowners; plus 3 hectares for each child 15 years old and above,
actually tilling and managing the farm
4. Beneficiary : limited to 3 hectares only
5. Under CARP, a landless beneficiary is one who owns less than 3 hectares of agricultural land

I. RA 7042 amended by RA 8179: Foreign Investment Act (approved: March 28, 1996)

1. Allows natural-born Filipino citizen who lost their Philippine citizenship to acquire private
lands subject to limitation of the law. Land limits: 5,000 square meters, in case of urban land and
3 hectares in case of rural land.

J. RA 8371: Indigenous Peoples Rights Act (approved on October 29, 1997)

1. Indigenous Peoples Rights Act of 1997


2. Rights of ownership is limited to ancestral lands only
3. Law dealing with specific group of people

K. RA 9176 (approved November 13, 2002)

1. Extending the period until December 31, 2020 for the filing of applications for administrative
legalization (free patent) and judicial confirmation of imperfect and incomplete titles to alienable
and disposable lands of the public domain, amending for this purpose CA 141
2. If further, limits the area to be applied for to 12 hectares only

L. RA 9225: Citizenship Retention and Re-acquisition Act (approved August 29, 2003)

1. This law provided that natural born citizens of the Philippines, who have lost their Philippine
citizenship by reason of their naturalization as citizens of foreign country, are hereby deemed to
have re-acquired Philippine citizenship upon taking their oath of allegiance to the republic and
shall enjoy full civil and political rights and be subject to all attendant liabilities and
responsibilities under the existing laws of the Philippines. Therefore, limitation on ownership
under RA 7402 as amended by RA 8179 is deemed not applicable under this law.

M. RA 9700: Comprehensive Agrarian Reform Law/CARPER (approved August 7, 2009)

1. It extended the program for another 5 years


2. It is the redistribution of private and public agricultural lands to help the beneficiaries survive
as small independent farmers, regardless of the tenurial arrangement
3. It covers: alienable and disposable lands of public domain suitable for agriculture
4. It awards ceiling of 3 hectares for beneficiaries and payment of beneficiaries must be 30 years
at 6% interest per annum to Land Bank. Awarded lands shall not be sold to non-beneficiary of
the program
5. The lands covered may be disposed before 10-year period only to the government, Land Bank
or program beneficiaries and may be disposed or encumbered after 10yrs from date of
registration
6. Conversion is allowed after 5 years if applicable and no conversion on irrigated lands
7. The law has laid down a penalties of either3 years imprisonment or 15k fine or both

J. RA 10023: The New Residential Free Patent Law of 2010 (approved March 9, 2010)

1. The law has made any Filipino citizen who is an actual occupant of a residential land provided
that in highly urbanized cities, the land should not exceed 200sqm or 500sqm in other cities as
qualified for the free patent. The land should not exceed 750sqm for first class and second class
municipalities and in all other municipalities, it should not exceed 1000sqm provided further that
the land is not needed for public service or public use.
2. It covers coverage: All lands that are zoned as residential areas including town sites as defined
under Public Land Act provided that none of the provisions of PD 705 have been violated; zoned
residential area located inside a delisted military reservation or abandoned military camp and
those of local government units or town sites
3. Those special patents may be granted under the name of the national agency of local
government notwithstanding any provision of law to the contrary and subject to private rights, if
any public land actually occupied and used for public schools, municipal halls, public plazas or
parks and other government institutions for public use.
4. All lands titled under this section shall not be disposed of unless sanctioned by Congress if
owned by the national agency or sanctioned by the Sanggunian concerns through an approved
ordinance if owned by the local govt.

References:

Agcaoili, O. (2011). Property Registration Decree and Related Laws. Quezon City: Rex Printing
Company, Inc.

Property Registration Decree 1529, “Amending and Codifying the Laws Relative to Registration
of Property and for Other Purposes”

Torrens System

March 7, 2016fundamentals of land title and registration

What is land registration?

Land registration is a judicial or administrative proceeding whereby a person’s claim of


ownership over a particular land is determined and confirmed or recognized so that such land
and the ownership thereof may be recorded in a public registry.

What is Torrens title?

Torrens title is the certificate of ownership issued by the land Register of Deeds, naming and
declaring the owner of the real property described therein, free from all liens and encumbrances
except such as may be expressly noted thereon or otherwise reserved by law. Its effect is that it
can be conclusive against the whole world, it is guaranteed to be indefeasible, unassailable, and
imprescriptible. The title once registered cannot be impugned, altered, changed, modified,
enlarged, or diminished except in some direct proceeding permitted by law.

What are the kinds of registration?

1. Original registrationis the first registration of the land whereby an Original Certificate of Title
is entered in the Registry of Property and a duplicate owner’s copy is issued to the owner by the
Register of Deeds. It can be further classified into:

a. Judicial registration which will be done through the courts. It may either be voluntary where it
instituted by the applicant under the provisions of Act 496 or PD 1529 or compulsory at the
instance of the State under provision of Act 2259 (Cadastral Act)

1. Voluntary -instituted by the applicant


2. Compulsory- at the instance of the State

b. Administrative registration wherein theacquisition of land patents to public agricultural lands


and registration thereof under Section 107 of CA No. 141 (The Public Land Act)

What is subsequent registration?

Subsequent registration is a process where the Original Certificate of Title is cancelled and
subsequently registered under a Transfer Certificate of Title in favor of the new owner in cases
of land conveyance such as sale, donation or assignment.

Who may apply for original registration of title?

According to Presidential Decree 1529 “Amending and Codifying the Laws Relative to
Registration of Property and for Other Purposes”, or also known as Property registration Decree,
it has laid down the enumeration of who may apply for original registration of Title.

Section 14. Who may apply. The following persons may file in the proper Court of First Instance
an application for registration of title to land, whether personally or through their duly authorized
representatives:

(1) Those who by themselves or through their predecessors-in-interest have been in open,
continuous, exclusive and notorious possession and occupation of alienable and disposable lands
of the public domain under a bona fide claim of ownership since June 12, 1945, or earlier.

(2) Those who have acquired ownership of private lands by prescription under the provision of
existing laws.

(3) Those who have acquired ownership of private lands or abandoned river beds by right of
accession or accretion under the existing laws.
(4) Those who have acquired ownership of land in any other manner provided for by law.

Where the land is owned in common, all the co-owners shall file the application jointly.

Where the land has been sold under pacto de retro, the vendor a retro may file an application for
the original registration of the land, provided, however, that should the period for redemption
expire during the pendency of the registration proceedings and ownership to the property
consolidated in the vendee a retro, the latter shall be substituted for the applicant and may
continue the proceedings.

A trustee on behalf of his principal may apply for original registration of any land held in trust by
him, unless prohibited by the instrument creating the trust.

What are the attributes and limitations on certificates of title and registered lands?

A. Free from liens and encumbrances


B. Incontrovertible and Indefeasible
C. Certificate of title not subject to Collateral Attack

What are the parts and information on the title?

• Title Form Information- where the type of form, date of revision and serial number can be
found
• Survey Information- where the parcel identity (lot, block, survey plan number), location,
adjoining parcels, tie point, tie line, bearings and distances from corner to corner and the area
and date of survey can be found
• Registration Information- where the name of the Register of Deeds, title number, book number,
page number, place/time/date of registration, name and signature of registrar and historical
information (date and place of original registration, OCT No., Volume No., Page No., Decree
No., record/name of original owner, number of cancelled title for OCT) can be found
• Ownership Information- where the name/s of all persons whose interest make up the full
ownership, citizenship, civil status, postal address

What is Homestead patent?

It is issued (by the Director Lands) over land not of the public domain is a nullity, devoid of
force and effect against the owner whose title is covered by an OCT or TCT.

What is the Registration of title under Act 3344?

Registration of untitled lands or lands with imperfect titles is ineffective against third persons.
That in case of double sale, the title registered under the Torrens System is superior than title
registered under Act 3344. Registration under the Torrens System, at the Registry of Deeds is
needed so that title shall be binding upon third parties.

What is a decree of registration?


It is issued by the administrator of LRA upon order of the court. It shall bind the land and quiet
title thereto – the purpose of Torrens System. Land becomes registered only upon transcription
of the decree in the original registration book by the Register of Deeds and not on the date of
issuance of the decree. Certificate of title becomes indefeasible after ONE YEAR from issuance
of the decree.

What is an assurance fund?

Sec 95 of Property Registration Decree provides that a person who, without negligence on his
part sustain loss or damage or is deprived of land or any estate or interest therein in consequence
of the bringing of the land under the operation of Torrens System or arising after the original
registration of the land, through fraud or in consequence of any error, may bring an action in any
court of competent jurisdiction for the recovery of damages paid out of the Assurance Fund
within 6 years from the time the right to bring such action accrues.
The assurance fund is intended to relive innocent persons from the harshness of the doctrine that
a certificate of title is conclusive evidence of indefeasible title to the land.

What is the rule on conveyance of only a portion of a land?

The Register of Deeds shall not enter any new title in favor of the grantee until a plan indicating
the portions into which the land has been subdivided shall first be presented, together with the
technical descriptions thereof. Meantime, the deed of conveyance may be annotated at the
owner’s certificate.

References:

Cadastral Act, Act No. 2259

Comprehensive Agrarian Reform Law of 1988

Peña, N. Registration of Land Titles and Deeds. Quezon City: Rex Printing Company, Inc.
Presidential Decree No. 27, “Decreeing the Emancipation of Tenants from the Bondage of
theOil, Transferring to Them the Ownership of the Land They Till and Providing the Instruments
and Mechanism Therefor”

Property Registration Decree 1529, “Amending and Codifying the Laws Relative to Registration
of Property and for Other Purposes”

Public Land Act, Com. Act No. 141, “Title and Application of the Act, Lands to Which It
Refers, and Classification, Delimitation and Survey Thereof for Concession”

1. Cloud on title is any condition revealed by a title search which affects the title to the property,
usually relatively unimportant items but which cannot be removed without quitclaim or court
action.
Quieting of title is an action brought to remove clouds on the title to real property or any interest
therein, by reason of any instrument, record, claim, encumbrance or proceeding which is
apparently valid or effective but is in truth and in fact invalid, ineffective, voidable, or
unenforceable, and may be prejudicial to said title as defined in Article 476 of the New Civil
Code:

Art. 476. Whenever there is a cloud on title to real property or any interest therein, by reason of
any instrument, record, claim, encumbrance or proceeding which is apparently valid or effective
but is in truth and in fact invalid, ineffective, voidable, or unenforceable, and may be prejudicial
to said title, an action may be brought to remove such cloud or to quiet the title.
An action may also be brought to prevent a cloud from being cast upon title to real property or
any interest therein.

2. Notice of lispendens- LisPendens is a Latin term meaning “a pending litigation. A Notice of


LisPendens, when registered with the registry of deeds where the land is recorded serves as a
warning to third parties that a particular real property is in litigation. Before the final judgment,
the notice of lispendens may be cancelled upon order of the court, action of the register of deeds
at the instance the party who caused the registration of the notice or verified petition of the party
who caused the registration thereof.

3. Section 4 Rule 74 of the Rules of Court governs the Title that is acquired through extra-
judicial settlement. Title is subject to claims of third party, with interest, for a period of two (2)
years.

4. Deed of restrictions refers to limitation on use of property such as in subdivision and


condominium.

a. These are conditions or limitations placed in a deed by the owner when the property is
transferred to another party. It is usually created by individual parties and affects a particular
property.
b. Those conditions placed in the deeds by developers and usually affect the entire subdivision
are called restrictive covenants
c. If restrictions placed are unreasonable or unlawful restraints on an owner’s use of a land they
will be unenforceable.

5. Easement or right-of-wayrefers to right given to another property or the dominant property.


The law has defined it as:

Art. 613. An easement or servitude is an encumbrance imposed upon an immovable for the
benefit of another immovable belonging to a different owner.
The immovable in favor of which the easement is established is called the dominant estate; that
which is subject thereto, the servient estate. (530)

6. Writ of preliminary attachment is a judicial order emanating from a legal action, authorizing
the Sheriff or other public officer to take all the property or rights of any party so as to preserve
the property to satisfy future judgment in favor of the Plaintiff. Attachment is governed by Rule
57 of the Rules of Court. There are three kinds of Attachment.

7. Writ of executionis a court order authorizing the sheriff to execute the final judgment for the
sale of the property.

8. Mortgageis the property is used as collateral and security for a loan.

9. Adverse claimis whoever that claims any part or interest in registered land adverse to the
registered owner, arising subsequent to the date of the original registration, may, 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. Some
of the characteristics of an adverse claim includes:

a. Title cannot be defeated by an adverse claim


b. First: refers to petition of the party who claims any part or interest in registered land arising
subsequent to the date of original registration
c. Second: refers to the petition filed in court by a party in interest for the cancellation of the
adverse claim upon a showing that the same is invalid.
d. While the law states that the adverse claim shall be effective for a period of thirty (30) days
from the date of registration, however, the cancellation is still necessary to render it ineffective
otherwise the inscription will remain annotated and shall continue as a lien upon the property.

10. Encroachments are unauthorized physical intrusions of a building or other form of real
property onto an adjoining property. It can mean a trespass, and the owner of the property being
encroached on can take court action either to force the removal of the encroachment or to recover
damages.

Encroachment of long-standing use may result to an easement right by prescription or adverse


possession.

11. Liens (Money Claim) -These are claims or charges against the property to provide security
for a debt or obligation. A lien allows the creditor to have the property sold to satisfy the debt in
case of default. To enforce it, the creditor must take legal action and obtain a court order to have
the property sold. Liens against real estate may reduce the value of the property; however, the
owner can still convey title to another party. The following are the kinds of lien:

a. JUDGMENT LIENis imposed when a judgment concludes a lawsuit is issued and recorded by
the court and in effect, it will be done on both the real and personal property of a
defendant/debtor. It will only be cleared when after a satisfaction of judgment is recorded and
issued to a debtor, say, a property is sold to satisfy a debt. This is a general, involuntary lien.

b. MORTGAGE LIEN automatically ends after payment of loan. If loan remains unpaid then the
lender may foreclose and sell the property. This lien is a specific, voluntary lien created after a
lender makes a loan using real estate as security. The property owner signs a mortgage document
that creates a lien against the property. A specific and involuntary lien, it is used when a property
owner does not pay for the work or materials provided.

c. MECHANIC’S LIEN is a protection on the part of a supplier/contractor who provides


materials or services for the real estate

d. REAL ESTATE TAX LIEN which due to the is a levy on real property determined on the
basis of a fixed proportion of the value of the property, it give the creditor the right to sell a
property at a tax sale to satisfy outstanding tax delinquencies, plus interest and penalties.
However the delinquent property owner may redeem the property so long as all obligations will
be paid before (equitable redemption right) or after (statutory redemption right) the tax sale.

What are the statutory liens affecting title?

First: Claims or rights arising or existing under the laws and Constitution of the Philippines

Second: unpaid realty taxes

Third: Any public highway or private way established or recognized by law or any government
irrigation canal or lateral thereof if the certificate of title does not state that the boundaries of
such highway or irrigation canal or lateral thereof have been determined

Fourth: Any disposition of the property or limitation on the use thereof by virtue or pursuant to
PD 27 or any other law or regulations on Agrarian reform

Torrens system; certificate of title; a certificate of title serves as evidence of an indefeasible and
incontrovertible title to the property in favor of the person whose name appears therein. “[A]
certificate of title serves as evidence of an indefeasible and incontrovertible title to the property
in favor of the person whose name appears therein.” Having no certificate of title issued in their
names, spouses Vilbar have no indefeasible and incontrovertible title over Lot 20 to support their
claim. Further, it is an established rule that “registration is the operative act which gives validity
to the transfer or creates a lien upon the land.” “Any buyer or mortgagee of realty covered by a
Torrens certificate of title x x x is charged with notice only of such burdens and claims as are
annotated on the title.” Failing to annotate the deed for the eventual transfer of title over Lot 20
in their names, the spouses Vilbar cannot claim a greater right over Opinion, who acquired the
property with clean title in good faith and registered the same in his name by going through the
legally required procedure. Sps. Bernadette and Rodulfo Vilbar v. Angelito L. Opinion, G.R. No.
176043. January 15, 2014.

Torrens system; Torrens title; a person dealing with a registered land has a right to rely upon the
face of the Torrens certificate of title; exceptions. The well-known rule in this jurisdiction is that
a person dealing with a registered land has a right to rely upon the face of the torrens certificate
of title and to dispense with the need of inquiring further, except when the party concerned has
actual knowledge of facts and circumstances that would impel a reasonably cautious man to
make such inquiry.
A torrens title concludes all controversy over ownership of the land covered by a final decree of
registration. Once the title is registered the owner may rest assured without the necessity of
stepping into the portals of the court or sitting in the mirador de su casa to avoid the possibility
of losing his land. Francisco Lim v. Equitable PCI Bank, now known as Banco De Oro Unibank,
Inc., G.R. No. 183918. January 15, 2014.

Torrens title; a person dealing with a registered land has a right to rely upon the face of the
Torrens certificate of title; exception in the case of a person who buys from a person who is not
the registered owner.The general rule is that every person dealing with registered land may
safely rely on the correctness of the certificate of title issued therefor and the law will in no way
oblige him to go beyond the certificate to determine the condition of the property. Where there is
nothing in the certificate of title to indicate any cloud or vice in the ownership of the property, or
any encumbrance thereon, the purchaser is not required to explore further than what the Torrens
Title upon its face indicates in quest for any hidden defects or inchoate right that may
subsequently defeat his right thereto.

However, a higher degree of prudence is required from one who buys from a person who is not
the registered owner, although the land object of the transaction is registered. In such a case, the
buyer is expected to examine not only the certificate of title but all factual circumstances
necessary for him to determine if there are any flaws in the title of the transferor. The buyer also
has the duty to ascertain the identity of the person with whom he is dealing with and the latter’s
legal authority to convey the property. The Heirs of Victorino Sarili, namely, Isabel A. Sarili, et
al. v. Pedro F. Lagrosa, represented in this act by his Attorney-in-Fact, Lourdes Labios
Mojica, G.R. No. 193517, January 15, 2014.

Torrens system;even if the procurement of a certificate of title was tainted with fraud and
misrepresentation, such defective title may be the source of a completely legal and valid title in
the hands of an innocent purchaser for value. It is well-settled that even if the procurement of a
certificate of title was tainted with fraud and misrepresentation, such defective title may be the
source of a completely legal and valid title in the hands of an innocent purchaser for value.
Where innocent third persons, relying on the correctness of the certificate of title thus issued,
acquire rights over the property, the court cannot disregard such rights and order the total
cancellation of the certificate. The effect of such an outright cancellation would be to impair
public confidence in the certificate of title, for everyone dealing with property registered under
the Torrens system would have to inquire in every instance whether the title has been regularly
or irregularly issued. This is contrary to the evident purpose of the law. The Heirs of Victorino
Sarili, namely, Isabel A. Sarili, et al. v. Pedro F. Lagrosa, represented in this act by his
Attorney-in-Fact, Lourdes Labios Mojica, G.R. No. 193517, January 15, 2014.

Torrens system; levy on attachment, duly registered, takes preference over a prior unregistered
sale.”[T]he settled rule that levy on attachment, duly registered, takes preference over a prior
unregistered sale. This result is a necessary consequence of the fact that the [properties] involved
[were] duly covered by the Torrens system which works under the fundamental principle that
registration is the operative act which gives validity to the transfer or creates a lien upon the
land.” Sps. Bernadette and Rodulfo Vilbar v. Angelito L. Opinion, G.R. No. 176043. January 15,
2014.