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a. Estate for years – lease for a period agreed upon, lessor retains ownership of land
b. Tenancy from period to period – lease running from month to month or year to year with automatic
renewal
c. Tenancy at will – person is permitted to occupy land of another without stipulation as to period
b. Enter in order of reception all deeds & voluntary instruments, write & processes re land -Year, month,
day, time, minute of reception of instrument; Registered from time of entry
e. Documents are numbered & indexed & indorsed with reference to certificate of title– public records
f. Subject to reasonable regulation
1. JUDICIAL
2. EXTRA-JUDICIAL
Prescribes in 10 years
If acknowledged in written form – becomes express trust – prescribes upon repudiation
CHAPTER 13: INVOLUNTARY DEALINGS WITH REGISTERED LAND
Involuntary Dealings – transactions affecting land in which cooperation of registered owner is not needed: it
may even be against his will
Attachment
A writ issued at the institution or during progress of an action commanding the sheriff to attach the
property, rights, credits or effects of the defendant to satisfy demands of the plaintiff
Kinds:
1. Preliminary
2. Garnishment
3. Levy on execution
Registration of Attachment / Other Liens
1. Copy of writ in order to preserve any lien, right or attachment upon registered land may be filed with
Register of Deeds where land lies, containing number of certificate of title of land to be affected or
description of land
2. Register of Deeds to index attachment in names of both plaintiff & defendant or name of person whom
property is held or in whose name stands in the records
3. If duplicate of certificate of title is not presented:
4. Register of Deeds shall within 36 hours send notice to registered owner by mail stating that there has
been registration & requesting him to produce duplicate so that memorandum be made
5. If owner neglects or refuses – Register of Deeds shall report matter to court
6. Court after notice shall enter an order to owner to surrender certificate at time & place to be named
therein
4. Although notice of attachment is not noted in duplicate, notation in book of entry of Register of Deeds
produces effect of registration already.
Effect of Registration of Attachment:
1. Creates real right
2. Has priority over execution sale
3. But between 2 attachments – one that is earlier in registration is preferred
4. If not registered – actual knowledge is same as registration
Duty of Register of Deeds
Basically ministerial but may refuse registration in ff circumstances:
1. Title to land is not in the name of defendant
2. No evidence is submitted to show that he has present or possible future interest in land
3. Unless: heir
Properties Exempt From Execution: Family Home
Attachment – How continued, reduced or discharged
Any method sufficient in law
Document to be registered
1. EXECUTION SALE
To enforce a lien of any description on registered land, any execution or affidavit to enforce such lien
shall be filed with Register of Deeds where land lies
Register in registration book & memorandum upon proper certificate of title as adverse claim or as an
encumbrance
To determine preferential rights between 2 liens: priority of registration of attachment
2. TAX SALE
Sale of land for collection of delinquent taxes and penalties due the government
In personam (all persons interested shall be notified so that they are given opportunity to be heard)
Notice to be given to delinquent tax payer at last known address
Publication of notice must also be made in English, Spanish & local dialect & posted in a public &
conspicuous place in place wherein property is situated & at main entrance of provincial building
Sale cannot affect rights of other lien holders unless given right to defend their rights: due process must
be strictly observed
Tax lien superior to attachment
No need to register tax lien because it is automatically registered once the tax accrues
But sale of registered land to foreclose a tax lien need to be registered
Procedure of Registration of Tax Sale:
1. Officer’s return shall be submitted to Register of Deeds together with duplicate title
2. Register in registration book
3. Memorandum shall be entered in certificate as an adverse claim or encumbrance
4. After period of redemption has expired & no redemption (2 years from registration of auction sale)
cancellation of title & issuance of new one
5. Before cancellation, notice shall be sent to registered owner: to surrender title & show cause why it shall
not be cancelled
Actual Knowledge is Equivalent to Registration
Adverse Claim
1. Make a statement in writing setting forth alleged interest, from whom acquired, how acquired, no of
certificate of land, name of registered owner, description of land in which right/interest is claimed – signed
& sworn to
2. Statement shall be entitled to registration as adverse claim on certificate of title
3. Effective for 30 days from date of registration
4. After 30 days, may be cancelled by filing of verified petition by party in interest
Any party may petition in court to cancel adverse claim
Court to grant speedy hearing
If adverse claim is adjudged invalid – may be cancelled
5. No 2nd adverse claim based on same ground shall be registered by same claimant
Before: included in definition of agriculture, conversion of agricultural land to fishponds does not change
character of land
Now: restricted meaning; fishponds has distinct category; cannot be alienated but may be leased from
government.
Director of Lands
Quasi-judicial officer
Findings of fact conclusive on higher court with absence of fraud, mistake other than error of judgment;
but not with regards to finding of law
Empowered to alienate and dispose lands
Modes of Alienating Public Lands:
1. Homestead settlement
2. Sale
3. Confirmation of imperfect or incomplete title
4. Judicial legalization
5. Administrative legalization
Lease not included since lease does not transfer ownership; free-title grant: free distribution of public
lands to encourage people to cultivate; government furnishes the applicant with tolls plus cash allowance
to enable him to cultivate
Confirmation of Imperfect Title:
1. Last extension granted by Government was until December 31, 1987
2. Right made available to person qualified to acquire alienable and disposable public land thru open,
continuous, exclusive, notorious (OCEN) possession under bonafide claim of ownership since June 12, 1945.
3. Prior to transfer of sovereignty from Spain to US, have applied for purchase but did not receive title,
without default on their part provided they have occupied since their application
4. In OCEN possession since June 12, 1945 or earlier
5. Members of cultural minorities in OCEN who has claim of ownership for at least 30 years
Max Land that can be Applied: 144 hectares
In case of foreigner, sufficient that he is already Filipino citizen at the time of his application
Corporation who has less 60% Filipino ownership cannot apply confirmation of imperfect title; can only
lease
Persons Competent to Question Land Grant
Persons who obtained title from State or thru persons who obtained title from State
PATENT
When is Government Grant Deemed Acquired by Operation of Law:
1. Deed of conveyance issued by government patent/grant
2. Registered with Register of Deeds – mandatory: operative act to convey & transfer title
3. Actual physical possession, open & continuous
Land ceased to be part of public domain & now ownership vests to the grantee
Any further grant by Government on same land is null & void
Upon registration, title is indefeasible
Title Issued Pursuant to Registration of Patent
1. Indefeasible – when registered, deemed incorporated with Torrens system; 1 year after issuance of patent
2. May not be opened one year after entry by Land Registration Authority; otherwise, confusion, uncertainty
& confusion on government system, of distribution of public lands may arise & this must be avoided
Except: annullable on ground of fraud, may be reopened even after 1 year because registration does not
shield bad faith
Court in exercise of equity jurisdiction may direct reconveyance even without ordering cancellation of
title
Aim of Homestead Patent:
Benevolent intention of government to distribute disposable agricultural land to destitute citizens for
their home and cultivation
As a matter of public policy, may be repurchased even if after 5 years provided not for profit
Right of repurchase not allowed if sold within family & not for cultivating or living but for speculation
purpose
Restrictions:
1. Cannot be alienated within 5 years after approval of application for patent
2. Cannot be liable for satisfaction of debt within 5 years after approval of patent application
3. Subject to repurchase of heirs within 5 years after alienation when allowed already
4. No corporation, partnership, association may acquire unless solely for commercial, industrial,
educational, religious or charitable purpose or right of way subject to consent of grantee & approval of
Secretary of Natural resources
Exceptions:
1. Action for partition because it is not a conveyance
2. Alienations or encumbrances made in favor of the government
Erred Homesteader not Bared by Pari Delicto
Pari delicto rule does not apply in void contract
Violation of prohibition results in void contract
Action to recover does not prescribe
Homesteader
If he dies, succeeded by heirs in the application
Legal Restriction in Disposition by Non-Christians (Cultural MINORITIES)
Conveyance is valid if able to read and can understand language where deed is written
Otherwise, not valid unless approved by Commission on National Integration
Safeguard is to protect them against fraud/deceit
Source:
Civil Law (Land Titles) Memory Aid