Академический Документы
Профессиональный Документы
Культура Документы
2009
Atty. Palabrica’s Lectures “All lands of the public domain, waters, minerals,
coal petroleum, and other mineral oils, all forcer of
HISTORY potential energy, fisheries, forests or timber, wildlife,
flora and fauna, and other natural resources are
owned by the State. With the exception of
Spanish Influence – Legal significance to ownership of the
agricultural lands, all other natural resources
land
shall not be alienated. The exploration,
• Regalian Doctrine – all lands are owned by the
development, and utilization of natural resources
State
shall be under the full control and supervision of the
state. The state may directly undertake such
How lands were owned during the Spanish Era
activities, or it may enter into co-production, joint
1. Titulo Real (Royal Title) – Land is given to venture, or production-sharing agreements with
Filipino citizens, or corporations or associations at
Spanish people to encourage them to settle in
least 60% of whose capital is owned by such
the Philippines. Among those granted are:
citizens. Such agreements may be for a period not
a. Discoverers
exceeding 25 years, renewable for not more than 25
b. Settlers
years, and under such terms and conditions as
maybe provided by law…”
2. Special Grant – Grant given by the governor
assigned in the Philippines. No special law is
required to empower governor to grant.
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Land Titles and Deeds Reviewer
2009
2. Act 926 of 1903 – otherwise known as First Public Land • Every person registering in good faith and for
Law. Applicable to Public Lands. SUBSTANTIVE. value need not go beyond the title.
Among its functions are: • Person who fraudulently registers the land in his
name is holding the property as a trustee and
a. Providing for Homesteading aggrieved party has option to recovery.
b. Issuance of Patents
c. Completion of imperfect title
d. System of Sales and Lease 4. Act 141 of 1936 – Amended 1903 Torrens System. More
e. Rids of Spanish concession substantial than procedural
•
Act 2874 of 1918 – Amendatory act of Act 926. 5. Act 496 – Land Registration act of 1903.
PROCEDURAL.
3. Torrens System of 1903 – Otherwise known as Land
Registration Act. Copied verbatim the 1898 Torrens In a nutshell: Act 926 provided for the substantive
System of Massachusetts by Robert Torrens, a South requirements seen in PD 1529, while Act 496
Australian Registrar of Deeds. He was said to be enumerated the procedures to be undertaken.
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2009
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2009
(1) Those who by themselves or through their • Pertains to Original registration – Involves land
predecessors-in-interest have been in open, of public domain that are alienable, its purpose
continuous, exclusive and notorious possession and is to perfect the imperfect title held by the
occupation of alienable and disposable lands of the possessor.
public domain under a bona fide claim of ownership • Section 14 is a colorable right
since June 12, 1945, or earlier. • June 12 1945 does not pertain to the status of
“Alienable and Disposable” but rather to the
(2) Those who have acquired ownership of private Bona Fide Ownership.
lands by prescription under the provision of existing • We have until December 31, 2020 to perfect
laws. imperfect titles. So what are you waiting for? ☺
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Land Titles and Deeds Reviewer
2009
of the land, such land becomes • If land is not Alienable but occupied for a long
a private land. time, it still cannot be registered since the land
o BUT Foreign Corporations cannot own was not being occupied through a bona fide
public or private lands, whether claim.
registered or not. (Director of Lands
vs. ACME Mineer and Plywood • Occupation of Predecessor-in-interest is
Company). TACKED to the applicant, that it is not important
o Foreigners cannot own lands in the that the status of “Alienable and Disposable”
Philippines. (Rivenco vs Registry of need not be since June 12, 1945. (Republic vs.
Deeds) Naguit)
• Who may acquire private lands? 3.) Must be open, continuous, exclusive and
notorious under a bona fide ownership since June 12,
1.) Filipino Citizen 1945.
2.) Alien through hereditary
succession • Not casual, nor merely for cultivation.
3.) Filipino Corporation • June 12, 1945, not pertaining to status.
4.) Filipino who has lost citizenship
– pertains to time when property 4.) Application must be filed in the proper RTC
was acquired and not during
registration. (Republic vs. • Applicable only to untitled lands
Lipana) o Prescription:
Extraordinary – 30 years
2.) Must have by themselves or through their Ordinary - 10 years
predecessors in interest possessed and occupied
alienable and disposable land. Sec. 15 - Form
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Land Titles and Deeds Reviewer
2009
Resources – If land borders on a body • Default does not automatically relieve the
of water applicant the burden to prove ownership over
such property.
• Mailing is binding despite failure of giving o He must rely on the strength of his
personal notice since nature of proceeding is in evidence and not on the weakness of
rem the oppositor.
3. Posting
a. Within at least 14 days before the date of initial IV. HEARING
hearing. Sec. 27 PD 1529
b. Caused by the Sheriff
c. Posted in a conspicuous place on each parcel of A. Involves the presentation of evidence, what to prove?
land included in the application and on the 1. The court has jurisdiction
bulletin board of municipal building. 2. Applicant is the Owner
3. The identity of the Land
4. Land is alienable and disposable
III. OPPOSITION
Sec. 25 PD 1529 1.) How to prove jurisdictional area?
i. Publication
• Any person who has interest in the property or 1. Copy of NPGC
those mentioned in the notice may be an 2. Affidavit of the Editor
oppositor. 3. Copy of OG
• A private individual may not represent the 4. Affidavit of OG
government. ii. Mailing
• The Solicitor General may represent the 1. Affidavit of LRA
Government in such opposition, but may iii. Posting
delegate such power to prosecutors. 1. Certification of the
Sheriff
• There are two types of default
2.) How to prove ownership?
o
General – no opposition was filed by i. Imperfect title pursuant to Sec.
anyone 14
o Special – an opposition was filed by an
aggrieved party, hence all others who 3.) How to prove Land Identity?
do not file their respective oppositions i. Survey and Description by
are declared in Special default. Bureau of Land Management
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VII. ISSUANCE OF CETRIFICATE OF TITLE Reclamation – only National Government may reclaim.
Reclaimed lands cannot be subject to private ownership
There are 2 certificates issued by the LRA
except through CONGRESSIONAL law, and even so, only
1. Original Judicial Registration – forwarded to the
private citizens may avail.
Registry of Deeds for the purpose of recording
liens.
2. Owner’s Certificate of Title
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3. Through fraud
REMEDIES 4. Petition is within one year from issuance of the
decree.
5. The property has not yet passed to an innocent
purchaser for
A. Who?
Any person including the government deprived of
their land may file petition for review. He does not need to be
an oppositor from the get-go.
B. When?
He must file the petition not later than 1 year from
the date of entry of decree of registration. This decree
pertains to that mentioned in Sec. 31 PD 1529.
1.) New Trial – may be availed of before decision becomes final. Fraud – must be Actual or Extrinsic fraud.
Decision becomes final after 15 days without appeal. Its purpose is
to set aside judgment. Extrinsic Fraud- any fraudulent act of the successful
The grounds for new trial are: party in a litigation which is committed outside the trial of a
a. Fraud, accident, mistake or excusable case against the defeated party whereby said defeated party
negligence. is prevented from presenting fully and fairly his side the
b. Newly discovered evidence which would case.
alter the result of the trial
c. Awards of excessive damages Intrinsic Fraud – acts of a party in a litigation during
the trial such as forged instruments, or perjured testimony
2.) Appeal – must be initiated within 15 days after judgment which did not affect the presentation of the case but did
prevent a fair and just determination of the case.
3.) Petition for Relief – When decision is final, petition for relief may
be availed of within 60 days, not more than 6 months from 5.) Action for Reconveyance – may be filed when a person is
knowledge. holding the property in trust in order to reconvey the land. In order to
4.) Petition for Review – May be filed by parties deprived of their transfer title to true owner. It does not however change the decree
issued as it respects the incontrovertibility of he title. May be availed
land by adjudication of title obtained by ACTUAL fraud. of even after the lapse of one year.
Requisites:
1. Petitioner has a real and dominical right 6.) Damages – May be instituted when after the lapse of one year,
2. He has been deprived thereof the property is sold to an innocent purchaser for value. Aggrieved
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party may file an action for damages against the immediate party CADASTRAL PROCEEDINGS
causing the sale.
PURPOSE:
Innocent Purchaser for value – one who has no notice that
•Another means to bring lands under operation of Torrens
some other person owns the land/property or any defect as to the
System
right of the person owning the property.
•Ordinary registration is slow for lack of initiative on part of
landowners, innovation was conceived to hasten and
• Reckoning time – time when the transaction was
accelerate registration
made. Hence if such defect comes into
• Government initiates that all lands within a stated region are
knowledge, the buyer has the obligation to go
up for registration – whether or not owners are interested to
beyond the title, otherwise he will be in bad faith.
• In case of Double sale the rules are: settle their titles
o The one who registers first in good faith
NATURE OF PROCEEDINGS:
is the rightful owner;
• In rem
o The one who first possessed the
• No defendant & no plaintiff
property in good faith is the rightful
owner; • Compulsory
o The one who presents the oldest title is
the rightful owner. PROCEDURE:
1. CADASTRAL SURVEY
7.) Reversion – An action filed by the government in the event when •Conducted by the Director of Lands
part of the land awarded is actually non-registrable. 2. FILING OF PETITION
After survey and plot been made, Director represented
•
8.) Cancellation of Title – An action filed when part of the property by Sol Gen institutes cadastral proceeding by filing
awarded is property of other persons. petition in court against holders, claimants, possessors,
occupants
9.) Action for annulment of judgment or final order – Grounded •Parcel of lots given their cadastral numbers
on Extrinsic Fraud. 3. PUBLICATION OF NOTICE OF HEARING
•Court to order date of hearing
• If remedy is used in previous actions, it shall not •LRA to notify public by publishing notice 1x in OG and 1x
be availed of anymore. in newspaper of general circulation & copy mailed to
person whose address is known & other copies posted
10.) Criminal Action – in the event of perjury in conspicuous place designated bylaw
4. FILING OF ANSWER
• Any person claiming interest in any part of lands subject
to petition is required to file answer
5. HEARING OF CASE
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2009
4. Payment of filing fees 2. To have a new title therefore, the title to the
• Actual issuance of Certificate is not the date of registration, it portion of the land conveyed
retroacts to the date it is entered in the day books
Sec. 59 Conveyance is a Lien, it subsists and carried over to the new
title.
Sec. 56 Primary Book – Records of all instruments including writs
and processes pertaining to Registered Land.
Sec. 60 MORTGAGE
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JUDICIAL FORECLOSURE
Steps:
1. File a complaint in the RTC where the land is situated • If the property is redeemed, the
a. All who has interest on the land are included as ownership retroacts to the date of the
party actual sale
2. Filing of an Answer by those who have interest on the
land
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Land Titles and Deeds Reviewer
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EXTRA-JUDICIAL FORECOLOSURE •
If the only stipulation in the S.P.A. is to
Allowed only if stipulated by the parties and expressly mortgage, does it include the authority
provided by law. to sell? Yes, authority is implied
• Mortgagee executes the Deed of Sale
Steps: • Sheriff conducts the auction Sale
st
• Senior Mortgagee (1 ) has a better
nd
1. File for foreclosure of mortgage with RTC where the land right than the Junior mortgagee (2 )
is situated through the Clerk of Court acting as the ex- • When property is foreclosed, the
officio Sheriff. Junior Mortgagee has a right to
2. Clerk of Court dockets and returns to examine the REDEEM, NOT to RETAIN
application for Extra-Judicial foreclosure, after receiving
the Filing Fee Section 64. Special Power of Attorney
3. Publication of Notice of Auction Sale in 3 conspicuous
places SPA – Authoriing a person to do a particular act, more
4. Raffle, the Sheriff the conducts the auction sale specifically in dealings with Real Estate.
5. Actual Auction sale • The SPA in order to take effect must
a. If the sale did not push through, there is a need be annotated to the title and
for republication of the notice Registered, otherwise it cannot be
b. The Sheriff records the bidding used.
c. The Sheriff issues the certificate of Sale o the
highest Bidder
INVOLUNTARY DEALINGS
6. Mortgagee executes the deed of Sale.
Involves Involuntary Documents
•The deed of sale is NOT absolute
because there is still a right of
redemption
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2009
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2009
• Both Public Land Act and Torrens 1. File a case with the Land Management Bureau
system are not binding unless 2. Upon approval, applicant will be authorized to take
registered. possession
3. Within 6 months after approval, 1/5 of the land should be
• The proceeding in Homestead patents cultivated.
is administrative in nature. This, 4. Notice of intention of the applicant must be submitted,
notwithstanding, the requirement to and also the submission of Final proof of Possession of
undergo the Torrens system still 1 year.
persists. 5. Survey shall be conducted
6. Patent shall be sent after payment of the fees
• PD 1529 applies when the subject
matter is aprivate land by virtue of an RESTRICTIONS:
imperfect title. (Sec. 14)
•Sec. 118 of Public Land Act
• Title issued pursuant to registration of o Land cannot be alienated or conveyed within 5
patent is indefeasible when registered, years after the approval of the application for
at it is deemed incorporated with patent. (Mandatory)
Torrens system; 1 year after issuance o There shall be no valid conveyance within 5 to
of patent 20 years from approval, if the conveyance is
made without the approval of the secretary of
HOMESTEAD PATENT DENR. (Directory)
EXCEPTIONS:
Aims:
1. Those conveyed under the Rural Bank Laws
• Benevolent intention of government to 2. Those conveyed in favor of the Government
distribute disposable agricultural land to
destitute citizens for their home and
cultivation
• As a matter of public policy, may be RIGHT OF REPURCHASE
repurchased even if after 5 years
•
provided not for profit The Land belongs to the Patentee, if the same dies, it
shall be transferred to his heirs.
Right of repurchase not allowed if sold • Right of Repurchase may be availed of within 5 years
within family & not for cultivating or living from the execution of the deed of conveyance
but for speculation purpose • Mortgage:
Procedure: o If it is extra-judicial foreclosure, Redeem within 1
year from approval of the sale
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2009
o If it is judicial foreclosure, Redeem within 1 year RA 6657 or the Comprehensive Agrarian Reform Law was enacted
from confirmation of the sale. amending P.D. 27
o Hence under the Patent Law, the right of
redemption sums up to 6 years. • Covers lands regardless of kinds of crops
• Redemption of Land owner
CONSULTA o Retention shall be 5 hectares
o Plus 3 hectares for each child, provided:
• A form of administrative Appeal The child is more than 15 years old
• Pertains to removal of submitted documents The child must have actually tilled or
• Happens when ROD is not sure what to do with the managed the land
issue • The option to choose or retain or determine which land
• Remedy is to raise the issue to LRA for referral as to the to occupy belongs to the land owner, which shall be
proper measure to be taken exercised within 6 months from the grant otherwise,
• Pursuant to Sec 17, if ROD denies the application, he BARO determines
must put in writing. And within 5 days may appeal to • If the landowner shall take the land and the land is
Consulta. tenanted, the options of the tenant are:
1. The right to Remain and establish a leasehold
Agreement, as a result losing his right as
AGRARIAN REFORM LAW beneficiary.
2. Disregard the action hence becoming a
beneficiary
P.D. 27 – Agrarian Reform Law
• Covers all lands planted with Rice and Corn
• If land owner had already acquired 7 hectares from PD
27, will it diminish the right to get the 5 hectares from RA
• Emancipation Patent
6657? No, the law expressly so provides. Hence the law
recognizes that the land holdings of a homesteader may
o Gives retention area for land owners which shall
amount to 12 hectares.
be 7 hectares.
• Once a person has complied with the requirements, he
o Transfers ownership to tenants, provided they
will be issued a CLOA or a Certificate of Land
pay:
Ownership award.
For the by
modify first2.5
3 year-average of harvest, o
CLOA is equivalent to Emancipation Patent,
which must be registered in the ROD. After
Ensure that the landowner will not be
which, a TCT will be issued.
deprived of compensation
o Such process puts the land under the Torrens
system because of the issuance of the certificate
Sec. 104 Emancipation Patent
of title. Consequently, holder may enjoy the
privileges granted by the Torrens title.
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2009
CERTIFICATE OF TITLE
Sec. 109-110
Certificate of Title
• An evidence of ownership
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