Land Titles

CIVIL LAW
LAND TITLES AND DEEDS
PAGE 454 OF 574
UP LAW BOC LAND TITLES AND DEEDS CIVIL LAW
I. Torrens System
LAND TITLE – It is the evidence of the right of the owner or the extent of his interest, by which
he can maintain control, and as a rule, assert right to exclusive possession and enjoyment of the
property. [Pena, Registration of Land Titles and Deeds, p. 3]
Title and Certificate of Title Distinguished
Definition
E s t a t e – An estate, strictly speaking, represents the nature, extent, degree, and quantity of
a person’s interest in land.
TYPES OF ESTATE:
(1) Freehold Estate – Indicates title of ownership
(a) Fee Simple – An absolute title in perpetuity; Title to land is conferred upon a man and his
heirs absolutely and without any limitation imposed upon the estate
(b) Fee Tail – One designed to pass title from grantee to his heirs, in the intent of the grantor
being to keep the property in the grantee’s line of issue
(c) Life Estate – One held for the duration of the life of the grantee; In some cases, it may
terminate earlier as by forfeiture
(2) Less-than-Freehold Estate – Signifies some sort of right short of title
(a) Estate for Years – In the nature of a lease; grantee or lessee takes over possession of the
land for a period agreed upon but the grantor retains the legal title to the property
(b) Tenancy from period to period – Also in the nature of a lease which may run from month to
month or from year to year, with the peculiarity of automatic renewal from time to time, unless
expressly terminated by either party
(c) Tenancy at will – Another form of lease agreement where a person is permitted to occupy
the land of another without any stipulation as to period, but either party reserves the right to
terminate the occupation at will or at any time
LAND REGISTRATION – 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.
Title
Certificate of Title
Lawful cause or ground of possessing that which is ours.
That which constitutes a just cause of exclusive possession, or which is the foundation of
ownership of property.
It is a mere evidence of ownership; it is not the title to the land itself.1
The title is a conclusive evidence of ownership and it cannot be attacked collaterally.
DEED – A written instrument executed in accordance with law, wherein a person grants or
conveys to another certain land, tenements or hereditaments.
ELEMENTS OF A DEED:
(a) Grantor
(b) Grantee
(c) WordsofGrant
(d) Descriptionofthepropertyinvolved
(e) Signatureofthegrantor
(f) At least two (2) witnesses
(g) Notarialacknowledgment
1 Castillo v. Escutin
PAGE 455 OF 574
Nature of Land Registration – 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 [Sec. 2, par. 1, PD 1529]
It is therefore binding on the whole world because “by the description in the notice (of initial
hearing of the application for registration) “To Whom It May Concern,” all the world are made
parties defendant.” [Aquino, Land Registration and Related Proceedings, p. 3, citing Esconde v.
Borlongay, 152 SCRA 603, 1987]
LAWS IMPLEMENTING LAND REGISTRATION
(1) Public Land Act [CA 141, as amended]

(2) Property Registration Decree [PD 1529,
as amended]
(3) Cadastral Act [Act 2259, as amended]
(4) Indigenous Peoples Rights Act of 1997 [RA 8371]
(5) Emancipation Decree [PD 27, as amended]
(6) Comprehensive Agrarian Reform Law of 1988 [RA 6657, as amended]
To simplify and streamline land registration proceedings, Presidential Decree No. 1529 was issued
on June 11, 1978, otherwise known as the Property Registration Decree, governing registration of
lands under the Torrens system as well as the recording of transactions relating to unregistered
lands, including chattel mortgages. This Decree consolidates, in effect, all pre-existing laws on
property registration with such appropriate modifications as are called for by existing
circumstances. [Pena, p. 9]
PURPOSES OF LAND REGISTRATION
(1) Constructive notice to the whole world. [Sec. 52, PD 1529]
(2) To notify and protect the interests of strangers to a given transaction, who may be ignorant
thereof [Sapto, et al. v. Fabiana, 103 Phil. 683, 1958]
(3) As held in Legarda v. Saleeby [31 Phil. 590 (1915)]
(a) To quiet title to the land and to stop forever any question as to the legality of said title
(b) Torelievethelandofunknownclaims
(c) To guarantee the integrity of land titles and to protect their indefeasibility once the claim of
ownership is established and recognized
(d) To give every registered owner complete peace of mind
(e) To issue a certificate of title to the owner which shall be the best evidence of his ownership of
the land
(f) To avoid conflicts of title in and to
real estate and to facilitate transactions
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(4) As
Province of Negros Occidental [7 SCRA 60 (1963)]
held in Capitol Subdivisions, Inc. v. (a) To avoid possible conflicts of title in
and to real property, and

(b) To facilitate transactions relative thereto by giving the public the right to rely upon the face of
the Torrens certificate of title and to dispense with the need of inquiring further
Object of Registration – Only real property or real rights may be the object of registration
under the existing land registration laws.
CLASSIFICATION OF LANDS:
(1) Private or public
(2) Alienable or inalienable
(3) Registeredorunregistered
(4) Registrable or Non-registrable
Registrable lands are:
(1) Alienable public agricultural lands,
• If the land is in the public domain, the land must be classified as alienable and disposable. It
must be classified as such at the time of filing the application for registration. [Republic v. CA and
Naguit, 2005]
(2) Privatelands
Non-registrable lands - those found in the Civil Code dealing with non-registrable properties (e.g.
property of public dominion)
Torrens System - A system for registration of land under which, upon landowner’s application,
the court may, after appropriate proceedings, direct the issuance of a certificate of title. [Black’s
Law Dictionary]; 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 indefeasible title to realty, and to simplify its transfer. [Grey Alba v De la Cruz, G.R.
No. L-5246 (1910)]
The boldest effort to grapple with the problem of simplification of title to land was made by Mr.
(afterwards Sir Robert) Torrens, a layman, in South Australia in 1857. . . . In the Torrens 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. The certificate is guaranteed by statute, and, with certain exceptions, constitutes
indefeasible title to the land mentioned therein. The object of the Torrens system, then, is to do
away with the delay, uncertainty, and expense of the old conveyancing system.
The Torrens system was introduced in the Philippines by Act No. 496, which took effect on Jan. 1,
1903. This was later amended and superseded by PD 1529 which took effect on June 11, 1978.
The underlying principle of the Torrens system is security with facility in dealing with land. This is
made possible by defining the absolute status of a given property in a certificate of title with a
governmental and
universal guaranty. This certificate of title should better be known as certificate of title and
encumberances. In the words of Torrens himself the main object is “to simplify, quicken, and
cheapen the transfer of real estate and to render title safe and indefeasible.” [The Philippine
Torrens System by Florencio Ponce 1964]
ADVANTAGES
(1) Secures title
(2) Protectionagainstfraud
(3) Simplifieddealings
(4) Restoration of the estates to its just value, whose depreciation is caused by some blur,
technical defect
(5) Barred the recurrence of faults in the title [Legarda v. Saleeby]
Nature: Judicial in nature.
Purpose: The real purpose of the Torrens system of registration is to quiet title to land; to put a
stop forever to any question of the legality of the title, except claims which may arise subsequent
thereto. [AGCAOILI at 9]
ADMINISTRATION OF THE TORRENS SYSTEM
Administration of the Torrens System
(1) Land Registration Authority
• The agency charged with the efficient execution of the laws relative to the registration of lands
• Under the executive supervision of the DOJ
• Consists of an Administrator assisted by 2 Deputy Administrators
(2) Register of Deeds
• Constitutes a public repository of records of instruments affecting registered or unregistered

lands and chattel mortgages in the province or city wherein such office is situated
PAGE 457 OF 574

• Headed by the Register of Deeds, assisted by a Deputy
CERTIFICATE OF TITLE
The Torrens Title – Certificate of ownership issued by the 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
(1) Original Certificate of Title (OCT) – It is the first certificate of title issued in the name of the
registered owner by the Register of Deeds covering a parcel of land which had been registered
under the Torrens System, by virtue of judicial or administrative proceedings
(2) Transfer Certificate of Title (TCT) – The subsequent certificate of title pursuant to any deed
of transfer or conveyance to another person. The Register of Deeds shall make a new certificate
of title and give the registrant an owner’s duplicate certificate. The previous certificate shall be
stamped “cancelled.”
(3) Patents – Whenever public land is by the Government alienated, granted or conveyed to
any person, the same shall be brought forthwith under the operation of this Decree [PD 1529,
Sec. 103, par. 1]
(a) Patents only involve public lands which are alienated by the Government pursuant to the
Public Land Act (CA 141, as amended]
(b) The patent (even if denominated as deed of conveyance) is not really a conveyance but a
contract between the grantee and the Government and evidence of authority to the Register of
Deeds to make registration.
(c) The act of registration is the operative act to affect and convey the land.
Probative Value: A Torrens Certificate of Title is valid and enforceable against the whole world. It
may be received in evidence in
all courts of the Philippines, and shall be conclusive as to all matters contained therein,
principally the identity of the owner of the covered land thereby and identity of the land.
A Torrens title, once registered, cannot be defeated, even by adverse, open and notorious
possession. A registered title under the Torrens system cannot be defeated by prescription. The
title, once registered, is notice to the whole world. All persons must take notice. No one can
plead ignorance of the registration. [Egao v. CA, 1989]
EFFECT OF REGISTRATION UNDER THE TORRENS SYSTEM
(1) Land is placed under the operation of the Torrens system
(2) Claims and liens of whatever character existing against the land prior to the issuance of the
certificate of title are cut off by such certificate and the certificate so issued binds the whole
world, including the government
(a) Itisanelementalrulethatadecreeof registration bars all claims and rights which arose or may
have existed prior to the decree of registration. By the issuance of the decree, the land is bound
and title thereto quieted, subject only to certain exceptions under the property registration
decree. [Heirs of Alejandra Delfin, namely, Leopoldo Delfin, et al. v. Avelina Rabadon, G.R. No.
165014, July 31, 2013]
(b) Exceptions:
(i) Those claims noted on the certificate
(ii) Liens, claims, or rights arising or existing under the laws and the Constitution, which are not
by law required to appear on record in the Register in order to be valid
(iii) Unpaid real estate taxes levied and assessed within 2 years immediately preceding the
acquisition of any right over the land by an innocent purchaser for value
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(3) Title to the land becomes non- prescriptible
(a) Even adverse, notorious, and continuous possession under claim of ownership for the period
fixed by law is ineffective against a Torrens title [JM Tuason and Co. Inc. v. CA, 1979]
(b) The fact that the title to the land was lost does not mean that the land ceased to be registered
land before the reconstitution of its title. It cannot perforce be acquired by prescription. [Ruiz v.
CA, 1977]
(4) Land becomes incontrovertible and indefeasible. A decree of registration and registered title
cannot be impugned, enlarged, altered, modified, or diminished either in collateral or direct
proceeding after the lapse of the 1-year period prescribed by the law.
(a) Exceptions:
(i) If previous valid title of the same
land exists
(ii) When the land covered is not capable of registration
(iii) When acquisition of certificate is attended by fraud
(5) Torrens certificate is presumed valid and devoid of flaws.
Note: Registration is not equivalent to legal title
• Under the Torrens system, registration only gives validity to the transaction or creates a lien
upon the land. It merely confirms, but does not confer, ownership [Lu v. Manipon, GR No. 147072,
2002]
EFFECT OF NON-REGISTRATION
If a purchaser, mortgagee or grantee should fail to register his deed the conveyance, in light of
our existing registration laws, shall not be valid against any person unless registered.
Exceptions:
(1) The grantor,
(2) Hisheirsanddevisees,and
(3) Third persons having actual notice or knowledge thereof.
It is a settled rule that lands under a Torrens title cannot be acquired by prescription or adverse
possession. Section 47 of P.D. No. 1529, the Property Registration Decree, expressly provides that
no title to registered land in derogation of the title of the registered owner shall be acquired by
prescription or adverse possession. [Dream Village Neighborhood Association, Inc., represented
by its Incumbent President Greg Seriego v. Bases Conversion Development Authority, G.R.
No.192896, July 24, 2013.]
DEALINGS IN LAND BEFORE ISSUANCE OF DECREE: With the filing of an application for
registration, the land described therein does not cease to become open to any lawful transaction.
If the transaction takes place before the issuance of the decree of registration, Section 22 of PD
1529 provides that the instrument is to be presented to the RTC, together with a motion praying
that the same be considered in relation with the pending application.
However, if the motion is filed after the decision of adjudication has become final but before the
issuance of the decree by the Administrator of Land Registration Authority, the court shall require
the interested party to pay the fees prescribed as if such instrument had been presented for
registration in the office of the Register of Deeds. [Pena, p. 72- 73]
LACHES, WHEN APPLICABLE: Laches sets in if it would take 18 years for a person to file an action
to annul the land registration proceedings, especially so if the registrant has already subdivided
the land and sold the same to innocent third parties. A party’s long inaction or passivity in
asserting his rights over disputed property precludes him from recovering the same. [Heirs of
Teodoro dela Cruz vs. CA, 298 SCRA 172; Aurora Ignacio v. Valeriano Basilio, et al., G.R. No.
122824, Sept. 26, 2001]
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II. The Regalian Doctrine
A western legal concept that was first introduced by the Spaniards into the country through the
laws of the Indies and the Royal Cedulas whereby the Philippines passed to Spain by virtue of
“discovery” and conquest. Consequently, all lands became the exclusive patrimony and
dominion of the Spanish Crown. [Agcaoili]
lagoons.
The President may enter into agreements with foreign-owned corporations involving either
technical or financial assistance for large-scale exploration, development, and utilization of
minerals, petroleum, and other mineral oils according to the general terms and conditions
provided by law, based on real contributions to the economic growth and general welfare of the
country. In such agreements, the State shall promote the development and use of local scientific
and technical resources.
The President shall notify the Congress of every contract entered into in accordance with this
provision, within thirty days from its execution.
Sec. 2, Art. XII of the 1987 Constitution
All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces
of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural
resources are owned by the State. With the exception of agricultural lands, all other natural
resources shall not be alienated. The exploration, development, and utilization of natural
resources shall be under the full control and supervision of the State. The State may directly
undertake such activities, or it may enter into co-production, joint venture, or production-sharing
agreements with Filipino citizens, or corporations or associations at least 60 per centum of whose
capital is owned by such citizens. Such agreements may be for a period not exceeding twenty-five
years, renewable for not more than twenty-five years, and under such terms and conditions as
may be provided by law. In cases of water rights for irrigation, water supply, fisheries, or
industrial uses other than the development of waterpower, beneficial use may be the measure
and limit of the grant.
The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and
exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.
The Congress may, by law, allow small-scale utilization of natural resources by Filipino citizens, as
well as cooperative fish farming, with priority to subsistence fishermen and fish workers in rivers,
lakes, bays, and
PAGE 460 OF 574
The principle of State ownership of lands and all other natural resources had its roots in the 1935
Constitution, which expressed the overwhelming sentiment in the Convention in favor of the
principle of State ownership of natural resources and the adoption of the Regalian doctrine as
articulated in Sec. 1, Art XIII.
The 1973 Constitution reiterated the Regalian Doctrine in Sec. 8, Art. XIV.
The present Constitution provides that, except for agricultural lands of the public domain which
alone may be alienated, forest or timber, and mineral lands, as well as all other natural resources
must remain with the State, the exploration, development, and utilization of which shall be
subject to its full control and supervision albeit allowing it to enter into co-production, joint
venture, or production-sharing agreements, or into agreements with foreign-owned corporations
involving technical or financial assistance for large-scale exploration, development, and utilization.
[Secs. 2 and 3, Art. XII; La Bugal- B’laan Tribal Association, Inc. v. Ramos]
The Regalian Doctrine is enshrined in the 1987 Constitution [Art 12, Sec 2 & 3] which states that
all lands of public domain belong to the State, thus private title to land must be traced to some
grant, express or implied, from the State, i.e. The Spanish Crown or its
successors, the American Colonial government and thereafter the Philippine Republic
It does not negate native title to lands held in private ownership since time immemorial. [Cruz v.
Sec. of Environment and Natural Resources]
Native title recognizes ownership of land by Filipinos independent of any grant from the Spanish
crown on the basis of possession since time immemorial [cf: Cariñ o v. Insular Government] Lands
embraced by native title are presumed to have been held prior to the Spanish conquest and
never to have been public land.
A. EFFECTS
(1) All lands of public domain belong to the State, and that the State is the source of any asserted
right to ownership in land and charged with the conservation of such patrimony [Republic v. IAC,
GR No. 71285]
(2) Under the Regalian doctrine, all lands of whatever classification and other natural resources
not otherwise appearing to be clearly within private ownership are presumed to belong to the
State which is the source of any asserted right to ownership of land. [Repubic v Remnan
Enterprises, Inc. G.R. No. 199310]
(3) The burden of proof in overcoming the presumption of State ownership of the lands of the
public domain is on the person applying for registration (or claiming ownership), who must prove
that the land subject of the application is alienable or disposable. To overcome this presumption,
incontrovertible evidence must be established that the land subject of application (or claim) is
alienable or disposable. [Valiao v Republic, G.R. No. 170757]
B. CONCEPT OF NATIVE TITLE, TIME IMMEMORIAL POSSESSION
A recognized exception to the theory of jura
regalia, the ruling in Cariño v. Insular Government, institutionalized the recognition of the
existence of native title to land, or ownership of land by Filipinos by virtue of possession under a
claim of ownership since time immemorial and independent of any grant from the Spanish Crown
[Agcaoili]
Lands under native title are not part of public domain, “lands possessed by an occupant and his
predecessors since time immemorial, such possession would justify the presumption that the
land had never been part of the public domain or that it had been private property even before
the Spanish conquest [Republic v. CA, GR No. 130174]
CERTIFICATE OF ANCESTRAL DOMAIN TITLE: A formal recognition, when solicited by Indigenous

Cultural Communities/ Indigenous People (ICCs/IPs) concerned, shall be embodied in a Certificate
of Ancestral Domain Title (CADT), which shall recognize the title of the concerned ICCs/IPs over
the territories identified and delineated [Sec. 11, IPRA]
Ancestral Domains refer to all areas generally belonging to ICCs/IPs comprising lands, inland
waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied
or possessed by ICCs/IPs, by themselves or through their ancestors, communally or individually
since time immemorial, continuously to the present except when interrupted by war, force
majeure or displacement by force, deceit, stealth or as a consequence of government projects or
any other voluntary dealings entered into by government and private individuals/corporations,
and which are necessary to ensure their economic, social and cultural welfare.
It shall include ancestral lands, forests, pasture, residential, agricultural, and other lands
individually owned whether alienable and disposable or otherwise, hunting grounds, burial
grounds, worship areas, bodies of water, mineral and other natural resources, and
PAGE 461 OF 574
lands which may no longer be
exclusively occupied by ICCs/IPs but from
III. Citizenship Requirement
A. INDIVIDUALS
which they traditionally had access to for
their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who
are still nomadic and/or shifting cultivators
Certificate of Ancestral Domain Title (CADT) refers to a title formally recognizing the rights of
possession and ownership of ICCs/IPs over their ancestral domains identified and delineated in
accordance with this law [Sec. 3(c), IPRA]
Certificate of Ancestral Lands Title (CALT) refers to a title formally recognizing the rights of
ICCs/IPs over their ancestral lands.
Individually-owned ancestral lands, which are agricultural in character and actually used for
agricultural, residential, pasture, and tree farming purposes, including those with a slope of
eighteen percent (18%) or more, are hereby classified as alienable and disposable agricultural
lands [Sec. 12, IPRA]
Art. XII, Sec. 3, 1987 Constitution provides, in part:
Lands of the public domain are classified into agricultural, forest or timber, mineral lands and
national parks. Agricultural lands of the public domain may be further classified by law according
to the uses to which they may be devoted. Alienable lands of the public domain shall be limited
to agricultural lands. Private corporations or associations may not hold such alienable lands of
the public domain except by lease, for a period not exceeding twenty-five years, renewable for
not more than twenty-five years, and not to exceed one thousand hectares in area. Citizens of
the Philippines may lease not more than five hundred hectares, or acquire not more than twelve
hectares thereof, by purchase, homestead, or grant.
Native title, however, is a right of private ownership particularly granted to ICCs/IPs over their
ancestral lands and domains. The IPRA categorically declares ancestral lands and domains held by
native title as never to have been public land. [Cruz v. Sec. of Environment and Natural Resources,
2000, GR No. 135385]
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The Krivenko Doctrine - The capacity to acquire private land is made dependent upon the
capacity to acquire or hold lands of public domain. Private land may be transferred or conveyed
only to individuals or entities ‘qualified to acquire lands of public domain’ [II Bernas]
The 1935 Constitution reserved the right for Filipino citizens or corporations at least sixty percent
of the capital of which was owned by Filipinos. Aliens, whether individuals or corporations, have
been disqualified from acquiring public lands; hence they have also been disqualified from
acquiring private lands. [Krivenko v. Register of Deeds, GR No. L-630, 1947]
General Rule: Non-Filipinos cannot acquire or hold title to private lands of public domain, except
only by way of legal succession [Halili v. CA, GR No. 113539, Sec. 2, 5 Art XII Constitution]
Exceptions:
(1) Aliens by way of hereditary succession [Sec. 7, Art. XII, 1987 Constitution]
(2) Natural born citizens who have lost their citizenship:

For business use: limited to 5,000 sq. m. for urban land and 3 hectares for rural land [RA No. 7042
as amended by RA No. 8179]
But where a Filipino citizen naturalized as a citizen in a foreign country has “reacquired” his
Philippine citizenship under the terms of RA 9225 (August 29, 2003) otherwise known as the
“Citizenship Retention and Re- acquisition Act of 2003,” the area limitations may no longer
apply since the law expressly grants him the same right, as any Filipino citizen, to “enjoy full civil
and political rights” upon the re- acquisition of his Filipino citizenship [AGCAOILI at 189].
(3) Aliens, although disqualified to acquire lands of public domain, may lease private land for a
reasonable period provided, that such lease does not amount to a virtual transfer of ownership.
They may also be given an option to buy property on the condition that he is granted Philippine
citizenship. [Llantino v. Co liong Chong, GR No. 29663]
(4) Lands acquired by an American citizen prior the proclamation of Philippine Independence on
July 4, 1946 but after the passage of the 1935 Constitution may be registered, based on the
ordinance appended to the 1935 Constitution. [Moss v. Director of Lands, GR No. L-27170]
(5) Land sold to an alien which is now in the hands of a naturalized citizen can no longer be
annulled [De Castro v. Tan, GR No. L-31956]. The litigated property is now in the hands of a
naturalized Filipino. It is no longer owned by a disqualified vendee. The purpose of the
prohibition ceases to be applicable. [Barsobia v. Cuenco, GR No. L-33048]
B. CORPORATIONS
Private corporations may not hold alienable lands of the public domain except by lease for a
period not exceeding twenty-five years, renewable for not more than twenty-five years, and not
to exceed one thousand hectares in area. [1987 Constitution, Art. XII, Sec. 3]
Limitations to Ownership of Land by Corporations:
(1) For private lands:
• At least 60% Filipino [Sec. 2, Art. XII,
1987 Constitution; Agcaoili]
• Restricted as to extent reasonably necessary to enable it to carry out the purpose for which it
was created
• If engaged in agriculture, it is restricted to 1,024 hectares
(2) For patrimonial property of the State [Sec. 3, Art. XII, 1987 Constitution]
• Lease only for a limited period of 25 years
• Limited to 1,000 hectares
• Applies to both Filipino and

Foreign Corporations
• This limitation does not apply where the corporation acquired the land, the same was already
private land [Rep. v IAC and Acme]
A corporation sole may acquire and register private agricultural land [RC Apostolic Administrator
of Davao v. LRC, GR No. L-8415 (1957)]: A corporation sole, which consists of one person only, is
vested with the right to purchase and hold real estate and register the same in trust for the
faithful or members of the religious society or church for which the corporation was organized
PAGE 463 OF 574
UP LAW BOC
LAND TITLES AND DEEDS CIVIL LAW
IV. Original Registration
Original Registration - This is a proceeding brought before the land registration court to
determine title or ownership of land on the basis of an application for registration or answer by a
claimant in a cadastral registration.
A decree of registration merely confirms, but does not confer ownership. [City Mayor of
Parañ aque City v. Ebio, G.R. No. 178411, (2010)] Registration does not vest title or give title to the
land, but merely confirms and thereafter protects the title already possessed by the owner,
making it imprescriptible by occupation of third parties. The registration does not give the owner
any better title than he has. He does not obtain title by virtue of the certificate. He secures his
certificate by virtue of the fact that he has a fee simple title. [Legarda v. Saleeby, G.R. No. L-8936,
(1915)]
Distinguished from subsequent
(1) Original Registration – When right of ownership or title to land is for the first time made of
public record
(2) Subsequent Registration – Any transaction affecting such originally registered land, if in
order, may be registered in the Office of the Register of Deeds concerned
(2) Involuntary on the part of the claimant but they are compelled to substantiate their claim or
interest
B. WHO MAY APPLY:
A. KINDS OF REGISTRATION:
ORIGINAL
(1) Voluntary – by filing with the proper court under:

(a) PD1529,PropertyRegistrationDecree
(b) CA 141, Public Land Act
(c) RA8371,IPRA
(2) Involuntary – as in Cadastral Proceedings
(1) This is compulsory registration initiated by the government to adjudicate ownership of the
land
PAGE 464 OF 574
(1)
Under Sec. 14, PD 1529
(a) 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.
(b) Those who have acquired ownership of private lands by prescription under the provisions of
existing laws.
(c) Those who have acquired ownership of private lands or abandoned river beds by right or
accession or accretion under the existing laws.
(d) Those who have acquired ownership of land in any other manner provided for by law (see:
Republic represented by Mindanao Medical Center v CA, G.R. No. 40912 (19760]
(i) If land is owned in common, ALL co-owners shall file the application jointly
(ii) If 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.
(iii) 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.
(2) UnderSec.12,CA141;Anypersonwho:
(a) Is a citizen of the Philippines over the age of 18, or the head of a family
(b) Does not own more than 24 hectares of land in the Philippines, or has not had the benefit of
any gratuitous allotment of more than 24 hectares of land since the occupation of the Philippines
by the United States
(c) NOTE: they may enter a homestead of not exceeding 24 hectares of agricultural land of the
public domain
(3) UnderRA8371
(a) Sec. 11 – Formal recognition of ancestral domains by virtue of Native Title may be solicited
by ICCs/IPs concerned
(b) Sec. 12 – Option to secure certificate of title under CA 141 or Land Registration Act 496
(i) Individual members of cultural communities with respect to individually-owned ancestral lands
who, by themselves or through their predecessors-in -interest, have been in continuous
possession and occupation of the same in the concept of owner since time immemorial or for a
period of not less than thirty (30) years immediately preceding the approval of this Act and
uncontested by the members of the same ICCs/IPs shall have the option to secure title to their
ancestral lands
(ii) Option granted shall be exercised within 20 years from the approval of RA 8371
JURISDICTION
Where to File: The court that should take cognizance of a registration case is that which has
territorial jurisdiction over the property.
General Rule: RTC of the province, city, or municipality where the property is situated
The RTC shall have exclusive jurisdiction over all applications original for registration of title, with
power to hear and determine all questions arising upon such applications or petition. [Sec. 2, par.
2, P.D. No. 1529]
Exception: Delegated jurisdiction to the MTC, MeTC, and MCTC by the Supreme Court in cadastral
and land registration cases IF:
(1) There is no controversy over the land, OR (2) Its value is less than P100,000 [Sec. 34,
BP 129]
C. PROCEDURE IN ORDINARY LAND
REGISTRATION
STEP 1: Survey of the land by the Bureau of Lands or a duly registered private surveyor
Note: No plan of such survey, whether it be original or subdivision, may be admitted in land
registration proceedings until approved by the Director of Lands [Sec. 1858, Administrative Code]
S T E P 2 : Filing of application for registration by the applicant;
(a) Formoftheapplication
(1) In writing
(2) Signed by the applicant/s or person duly authorized in his behalf
(3) Sworn before any officer authorized to administer oath for the province or city where the
application was actually signed
(4) Application is presented in duplicate
(b) Contentsoftheapplication:
(1) A description of the land
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CIVIL LAW
(2) The citizenship and civil status of the applicant, whether single or married, and, if married, the
name of the wife or husband, and, if the marriage has been legally dissolved, when and how the
marriage relation terminated. It shall also state:
(3) The full names and addresses of all occupants of the land and those of the adjoining owners,
if known, and, if not known, it shall state the extent of the search to find them.
(4) Whether the property is conjugal, paraphernal or exclusively owned by the applicant.
(c) Documents to accompany the application [from Regulations in Ordinary Land Registration
Cases]
(1) Tracing-cloth plan duly approved by the Director of Lands, together with two blueprint or
photographic copies thereof;
(2) Three copies of the corresponding technical descriptions;
(3) Three copies of the surveyor’s certificate;
(4) All original muniments of title in the possession of the applicant which prove his rights, to the
title he prays for or to the land he claims; and
(5) Certificate in quadruplicate of the city or provincial treasurer of the assessed value of the land,
at its last assessment for taxation, or, in the absence thereof, that of the next preceding year.
However, in case the land has not been assessed, the application may be accompanied with an
affidavit in quadruplicate of the fair market value of the land, signed by three disinterested
persons.
(d) Amendments to the Application
(1) Sec. 19, PD 1529 permits the applicants to amend the application at any stage of the
proceedings upon
(2)
such just and reasonable terms as the court may order;
However, Sec. 23, PD 1529 mandates that there is a need to comply with the required publication
and notice as in an original application if the amendment is substantial as in:
(i) A change in the boundaries
(ii) An increase in the area of the land applied for; or
(iii) The inclusion of an additional land
PAGE 466 OF 574
(e) SpecialCases:
(1) If the land is bounded by a road, the applicant must state in his application if he claims any
portion of the land within the limits of the road, or if he likes to have the boundaries determined.
[Sec. 20, PD 1529]
(2) If the applicant is a non-resident, he shall appoint an agent or representative who is a

Philippine resident. [Sec. 16, PD 1529]
(3) Intestate Estate of Don Mariano San Pedro v. CA (1996): A person claiming ownership of real
property must clearly identify the land claimed by him.
(4) In re: Application for Land Registration v. Republic (2008):
An applicant in a land registration case must prove the facts and circumstances evidencing the
alleged ownership of the land applied for. General statements which are mere conclusions of law
and not factual proof of possession are unavailing. The deeds in its favor only proved possession
of its predecessors-in-interest as early as 1948. (The law now stands that a mere showing of
possession for 30 years is not sufficient. Open, continuous, exclusive, and notorious (OCEN)
possession must be shown to have started on June 12, 1945 or earlier.)
STEP 3: Setting of the date for the initial hearing of the application by the Court;
(a) The Court shall issue an order setting the date and hour of the initial hearing within 5 days
from filing of the application
(b) The initial hearing shall be 45 – 90 days from the date of the order [Sec. 23, PD 1529]
STEP 4: Transmittal to the LRA
The application and the date of initial hearing together with all the documents or other
evidences attached thereto are transmitted by the Clerk of Court to the Land Registration
Authority (LRA)
STEP 5: Publication of a notice of the filing of the application and date and place of hearing
(a) Publication shall be sufficient to confer jurisdiction upon the court. [Sec. 23, PD 1529]
(b) Form and contents of the notice:
(1) Addressed to all persons appearing to have an interest in the land involved
(2) Requires all persons concerned to appear in court on the date and time indicated to show
cause why the application for registration should not be granted
(c) The public shall be given notice of the initial hearing of the application by publication
(1) The Commissioner of Land Registration (CLR) shall cause it to be published once in the Official
gazette AND once in a newspaper of general circulation
(2) This is sufficient to confer jurisdiction to the court
(d) It is not necessary to give personal notice to the owners or claimants of the land sought to be
registered to vest the court with authority over the res. Land
registration proceedings are actions in rem. [Dir. Of Lands v. CA, 276 SCRA 276]
(e) Once the registration court had acquired jurisdiction over a certain parcel, or parcels, of land
in the registration proceedings in virtue of the publication of the application, that jurisdiction
attaches to the land or lands mentioned and described in the application. If it is later shown that
the decree of registration had included land or lands not included in the original application as
published, then the registration proceedings and the decree of registration must be declared null
and void insofar — but only insofar — as the land not included in the publication is concerned.
[Benin v. Tuason, 57 SCRA 531]
STEP 6: Service of notice upon contiguous owners, occupants and those known to have interest in
the property by the Sheriff;
(a) Mailing:
(1) Within 7 days from publication, the CLR shall mail a copy of the notice
(2) Copies of the notice shall be mailed to:
(i) Every person named in the notice whose address is known.
(ii) the Secretary of Public Highways, to the Provincial Governor, and to the Mayor of the
municipality or city, in which the land lies, if the applicant requests to have the line of a public
way or road determined
(iii) Secretary of Agrarian Reform, the Solicitor General, the Director of Lands, the Director of
Mines and/or the Director of Fisheries and Aquatic Resources, (as appropriate) if the land borders
on a river, navigable stream or shore, or on an arm of the sea where a river or harbor line has
been established, or on a lake, or if it otherwise appears from the application or the proceedings
that a tenant-farmer or the
PAGE 467 OF 574
national government may have a claim adverse to that of the applicant
(b) Posting:
(1) CLR shall cause the sheriff or his deputy to post the notice at least 14 days before the hearing:
(2) In a conspicuous place on each parcel of land included in the application and in a conspicuous
place on the bulletin board of the municipal building of the municipality or city in which the land
or portion thereof is situated.
(3) The court may also cause notice to be served to such other persons and in such manner as it
may deem proper.
(c) Notice of application and initial hearing by publication is sufficient and the mere fact that a
person purporting to have a legitimate claim in the property did not receive personal notice is
not a sufficient ground to invalidate the proceedings although he may ask for the review of the
judgment or the reopening of the decree of registration, if he was made the victim of actual
fraud. [Republic v. Abadilla, CA; G.R. No. 6902-R, Oct. 6, 1951]
S T E P 7 : Filing of answer or opposition to the application by any person whether named in the
notice or not;
(a) Who may file? Any person claiming an interest, whether named in the notice or not
(b) When to file? On or before the date of initial hearing, or within such further time as may be
allowed by the court.
(c) What shall it contain? It shall state all the objections and the interest claimed by the party the
remedy desired.
(d) How shall it be made? It shall be signed and sworn to by him or by some other duly
authorized person. Sec. 25, PD 1529 provides for the requisites of an opposition:
(1) It shall set forth “all the objections to the application” and
(e)
(2) It shall state the “interest claimed by the party filing the same”
EffectofFailuretoAnswer:
(1) If no one appears/files an answer, upon motion, the court shall order a default to be recorded.
(2) Bythedescriptioninthenotice"Toall Whom It May Concern", all the world are made parties
defendant and shall be concluded by the default order.
(3) Where an appearance has been entered and an answer filed, a default order shall be entered
against persons who did not appear and answer.
(4) Absence of opposition does not justify outright registration. [Director of Lands vs. Agustin,
1921]
Effects of Default:
(1) With respect to the Applicant – he has the right to present or adduce evidence ex parte
(2) With respect to those covered by the default order – they have no legal standing in court;
therefore, they are no longer allowed to participate and no opportunity to present evidence
For relief from an order of default, see Sec. 3, Rule 18, Rules of Court
PAGE 468 OF 574
(f)
(g)
STEP 8: Hearing of the case by the court
(a) Applicable procedural law:
(1) Reception of evidence is governed by PD 1529
(2) Rules of Court shall, insofar as not inconsistent with the provisions of the Decree, be
applicable to land registration and cadastral cases by analogy or in a suppletory character and
whenever practicable and convenient [Sec. 34, PD 1529]
(b) Sec. 27, PD 1529: Court may either:
(1) Hear the parties and their evidence,
or
(2) Refer the case or any part thereof to a referee
(a) Referee shall hear the parties, receive their evidence, and submit his report thereon to the
Court within 15 days after termination of such hearing
(b) Hearing before a referee may be held at any convenient place within the province or city as
may be fixed by him and after reasonable notice thereof shall have been served to the parties
concerned
(c) Upon receipt of the report the Court may:
(i) Adopt the same
(ii) Setasidethereport
(iii) Modify the report
(iv) Refer back or recommit the case to the referee for presentation of evidence
STEP 9: Promulgation of judgment by the Court;
(a) This is the adjudication, determination, and resolution of the issue of ownership
(b) FormsofJudgment:
(1) Dismissal of the application – with prejudice or without prejudice
(2) Partial Judgment – in a case where only a portion of the land subject of registration is
contested, the court may render partial judgment provided that a subdivision plan showing the
contested and uncontested portions approved by the Director of Land is previously submitted to
said court. [Sec. 28, PD 1529]
(3) Judgment Confirming Title - Judgment may be rendered confirming the title of the applicant,
or the oppositor as the case may be, to the land or portions thereof upon finding that the party
concerned has sufficient title proper for registration. [Sec. 29, PD 1529]
(c) Finality of Judgment - Sec. 30, par. 1, PD 1529 provides that the judgment
becomes final upon the expiration of 30 days counted from receipt of notice of judgment.
Note: This has been MODIFIED to the lapse of 15 days counted from receipt of notice of
judgment as per Sec. 39, BP 129
STEP 10: Issuance of the decree
(a) If the court finds after hearing that the applicant or adverse claimant has title as stated in his
application or adverse claim and proper for registration, a decree of confirmation and registration
shall be entered
(b) The Court declares the decision final and instructs the LRA to issue a decree of confirmation
and registration within 15 days from entry of judgment
• Note: It is not the court that issues the decree, but the LRA
(c) One year after issuance of the decree, it becomes incontrovertible and amendments of the
same will not be allowed except in cases of clerical errors
(1) Court retains jurisdiction over the case until after the expiration of 1 year from the issuance of
the decree of registration. [Gomez v. CA, 1988]
(2) Note: While a decision in land registration proceeding becomes final after the expiration of
thirty days from the date of service of its notice, the decree of registration does not become final
until after the lapse of one year from the date of its issuance and entry.
STEP 11: Entry of the decree of registration
(a) DecreeisenteredintheLRA
(b) Everydecreeofregistrationshall:
(1) Bear the day of the year, hour, and minute of its entry,
(2) Be signed by the Administrator of the Land Registration Authority in his ex officio capacity as
Clerk of Court in land registration matters
(3) State whether the owner is:
PAGE 469 OF 574
(i) Married or unmarried, and if married, the name of the husband or wife, provided that if the
land adjudicated is conjugal property, it shall be issued in the names of both spouses.
(ii) If the owner is under disability, it shall state the nature of the disability,
(iii) If the owner is a minor, his age
(4) Contain a description of the land as finally determined by the court,
(5) Set forth the estate of the owner, and also, in such manner as to show their relative priority,
all particular estates, mortgages, easements, liens, attachments and other encumbrances,
including rights of tenant-farmer, if any, to which the land or owner’s estate is subject,
(6) Contain any other matter properly to be determined
STEP 12: Sending of copy of the decree of registration to the corresponding Register of Deeds
(Registrar of Land Titles and Deeds)
S T E P 1 3 : Transcription of the decree of registration
(a) Itistranscribedintheregistrationbookof the Registrar of Land Titles and Deeds
(b) Registrar issues owner’s duplicate OCT of the applicant by the Registrar of Land Titles and
Deeds, upon payment of the prescribed fees.
D. EVIDENCE NECESSARY
Proofs necessary in land registration
(1) Proofs that land has been declassified from the forest zone, is alienable or disposable, and is
registrable (e.g. Presidential proclamation, legislative acts)
(2) Identityoftheland(e.g.surveyplan)
(3) Possession and occupation of the land for the length of time and in the manner
required by law [Sec. 4, PD 1073 amending Sec. 48(b) and (c) of Public Land Act]
(4) If he claims private ownership not because of his possession, he must prove the basis of such
claim by submitting muniments of title.
Proving Private Ownership:
(1) Spanish titles are inadmissible and ineffective proof of ownership in land registration
proceedings filed AFTER Aug. 16, 1976 [PD 892 as discussed in Santiago v. SBMA, GR No. 156888,
2006]
(2) Tax declaration and receipts are not conclusive but have strong probative value when
accompanied by proof of actual possession. [Municipality of Santiago vs. CA, 1983]
(3) Otherproofssuchastestimonialevidence
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V. Subsequent Registration
Subsequent registration - a proceeding where incidental matters AFTER original registration may
be brought before the land registration court by way of motion or petition filed by the registered
owner or a party n interest
A. NECESSITY AND EFFECTS OF REGISTRATION
[Sec. 51 and 52, PD 1529]
The deed, mortgage, lease, or other voluntary instrument, except a will shall ONLY operate as:
(1) A contract between the parties and
(2) Evidence of authority to the Register of Deeds to make registration.
The act of registration shall be the operative act to convey or affect the land insofar as third
persons are concerned.
Also, by registration, it creates constructive notice to the world.

General Rule: A forged deed is an absolute nullity and conveys no title.
Exception: If there is good faith, a TCT has already been issued to the purchaser, the latter being
an innocent purchaser for value according to Sec. 39, PD 1529, then the title is good.
General Rule: A person dealing with registered property need not go beyond, but only has to rely
on, the title. [Campillo v. PNB, 1969]
He is charged with notice only of such burdens and claims which are annotated on the title, for
registration is the operative act that binds the property.
Exception: When should a purchaser investigate?
(1) Banks are required to exercise more care and prudence in dealing with registered lands for
their business is
(2)
(3) (4)
one affected with public interest. The general rule does not apply.
When party concerned has actual knowledge of facts and circumstances that would impel a
reasonably cautious man to make inquiry. [Leung Yee v. Strong Machinery, 1918]
When purchaser is in bad faith; e.g. he had full knowledge of a previous sale. [Jamoc v. CA, 1991]
When a person buys land from one whose rights over the land is evidenced only by a deed of sale
and an annotation in the certificate of title but no TCT. [Quiniano v. CA, 1971]
PAGE 471 OF 574
TWO TYPES OF DEALINGS
(1) Voluntary Dealings – these are deeds, instruments, documents which are the results of free
and voluntary acts of parties thereto.
(2) Involuntary Dealings – these refer to writ, order, or process issued by the court of record
affecting registered land, also other instruments which are not willful acts of the registered
owner, executed without his knowledge or consent.
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Voluntary Dealings
Involuntary Dealings
Voluntary Dealings
Involuntary Dealings
Presentation of the owner’s duplicate certificate of title is required to notify; mere entry in
the day book of the Register of Deeds (ROD) is insufficient
An innocent purchaser for value of registered land becomes the registered owner the moment he
presents and files a duly notarized and valid deed of sale and the same is entered in the day book
of the ROD and at the same time he surrenders or presents the owner’s duplicate certificate of
title covering the land sold and pays the registration fees.
Villasor v. Camon, (1951): It is necessary to register the deed or instrument in the entry book of
the ROD and a memorandum thereof shall also be made in the owner’s duplicate certificate and
its original
Entry in the day book of ROD is sufficient notice to all persons
Spouses Labayen v. Leonardo Serafica, (2008): At the time of the filing of the petition for
cancellation of encumbrance, the lease contract already lost its efficacy. Thus, there is no basis to
save its annotation on defendant’s title. The fact that the cancellation of the lease contract was
forged is of no moment, for there was no violation of a right.
AFP Mutual Benefit Association v. Santiago, (2008): Entry of the attachment in the books is
sufficient notice to all persons. Hence, the fact that the deed of sale was already annotated is of
no moment with regard to third persons. The preference created by the levy on attachment is not
diminished by the subsequent registration of the deed of sale.
Lenin v. Bass, (1952): Entry thereof in the day book of the ROD is sufficient notice to all
persons even if the owner’s duplicate certificate of title is not presented to the ROD.
Dir. Of Lands v. Reyes, (1976): Entry in the day book of the ROD is sufficient notice to all persons
of an adverse claim without the same being annotated at the back of the certificate of title
A. VOLUNTARY DEALINGS
Registration of Voluntary Instruments in General
Process of Registration [Sec. 55, PD 1529]
(1) The deed or other voluntary instrument must contain:
(a) The following details of the grantee or other person acquiring or claiming interest:
(1) Full name
(2) Nationality
(3) Residence
(4) Postal address

(5) Civil status (if married, include name in full of spouse)
(b) If grantee is a corporation:
It must contain a recital showing that such corporation or association is legally qualified to
acquire private lands
PAGE 472 OF 574
(2) File instrument creating or transferring interest and certificate of title with Register of Deeds
together with:
(a) Owner’s duplicate - the issuance of a new transfer certificate without presentation of an
owner’s duplicate is unwarranted and confers no right on the purchaser [PNB v. Fernandez,
1935]
(b) Payment of fees & documentary stamp tax
(c) Evidence of full payment of real estate tax
(d) Document of transfer – 1 copy additional for city/provincial assessor
(3) PaymentoffeesandDST
(a) After payment of entry fee the Register of Deeds shall enter the instruments in a primary
entry book [Sec. 56, PD 1529]
(b) The national, provincial and city governments are exempted from payment of entry fees
(c) RA 456 prohibits registration of documents affecting real property which is delinquent in the
payment of real estate taxes. Further, if evidence of such payment is not presented with 15 days
from the date of entry of said document in the primary entry book of the register of deeds the
entry shall be deemed cancelled.
(4) Entry of the Instrument in the Primary Entry Book:
Instruments are regarded as registered from the time the Register of Deeds enters them in the
book
(5) TCT shall then be issued
Registration of Dealings Less than Ownership [Sec. 54, PD 1529]
If an instrument does not divest ownership or title from owner or from transferee of the
registered owners, then N O N E W CERTIFICATE shall be entered or issued.
Process of Registration for Dealings less than Ownership

(1) Filing of the instrument with the Register of Deeds
(2) Abriefmemorandumthereofismade:
(a) On the certificate of title by the Register of Deeds and signed by him, and
(b) Ontheowner’sduplicate
Cancellation or extinguishment of such interests shall be registered in the same manner.
Registration of Deeds of Sale and Transfers
(a) If ENTIRE property is the subject [Sec. 57, PD 1529]
(1) Owner executes and registers the deed which must be sufficient in form.
(2) A new certificate of title is issued and Register of Deeds prepares and delivers to grantee his
owner's duplicate certificate
(3) Register of Deeds notes upon the OCT and the duplicate certificate the date of transfer, the
volume and page of the registration book where the new certificate is registered
(4) The original and the owner's duplicate of the grantor's certificate shall be stamped
"cancelled".
(5) 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.
(b) If ONLY A PORTION of property is the subject [Sec. 58, PD 1529]
PAGE 473 OF 574
(1) Include a plan which shows all the portions already subdivided with verified and approved
technical description.
(2) That plan with the certified copy of the technical descriptions shall be filed with the Register
of Deeds for annotation in the TCT.
(3) Register of Deeds shall issue a TCT and cancel the grantor's certificate partially OR it may be
cancelled totally and a new one issued describing therein the remaining portion
(c) If there are SUBSISTING encumbrances and annotations:
• They shall be carried over in the new certificate or certificates; except when they have been
simultaneously discharged.
Registration of Mortgages and Leases [Sec. 60, PD 1529]
Sec. 60, PD 1529 provides that mortgages and leases shall be registered in the manner provided
in Sec. 54 (Dealings less than ownership)
The deed shall take effect upon the title only from the time of registration.
When a deed of mortgage is presented, the Register of Deeds will enter upon the OCT and upon
the owner’s duplicate a memorandum thereof and shall sign said memorandum.
Registration of Powers of Attorneys
[Sec. 64, PD 1529]
Powers of attorney and revocations shall be registered with the Register of Deeds of the province
or city where the land lies.
Any instrument revoking such power shall be registered in like manner.
Registration of Trusts Registration is by memorandum:
(1) A memorandum by the words “in trust” or “upon condition” or other apt words is made
if a deed or other instrument is filed in order to:
(a) Transfer registered land in trust, or upon any equitable condition or limitation expressed
therein, or
(b) Create or declare a trust or other equitable interests in such land without transfer [Sec. 65, PD
1529]
(2) A memorandum by the words “with power to sell,” or “power to mortgage” or other apt
words is made when:
The instrument creating or declaring a trust or other equitable interest contains an EXPRESS
POWER to sell, mortgage, or deal with the land in any manner
However, if an implied or constructive trust is claimed, person claiming such must execute a
sworn statement thereof with the Register of Deeds, containing a description of the land, the
name of the registered owner and a reference to the number of the certificate of title. Such claim
shall not affect the title of a purchaser for value and in good faith before its registration. [Sec. 68,
PD 1529]
B. INVOLUNTARY DEALINGS
The following involuntary dealings affecting registered land must be registered:
(1) Attachments [Sec. 69, PD 1529]
(2) Adverseclaim[Sec.70,PD1529]
(3) Sale on execution or for taxes or for any assessment [Sec. 74, PD 1529]
(4) Notice of lis pendens [Sec. 76, PD 1529]
Registration of Attachment
Attachment is 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
PAGE 474 OF 574
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(2) Garnishment
(3) Levyonexecution
Process of Registration
(1) Copy of writ in order to preserve any lien, right or attachment upon registered land shall be
filed with the Register of Deeds where the land lies, containing number of certificate of title of
land to be affected or description of land [PD 1529, Sec 69]
(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
(a) If duplicate of certificate of title is not presented:
(i) 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
(ii) If owner neglects or refuses – Register of Deeds shall report matter to court.
(b) Court after notice shall enter an order to owner to surrender certificate at time & place to be
named therein.
(3) 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) Haspriorityoverexecutionsale
(3) But between 2 attachments – one that is earlier in registration is preferred
Duty of Register of Deeds - Duty is ministerial but may refuse registration in the following
circumstances:
(1) Title to land is not in the name of defendant
Exception: If petitioner is an heir
(2) No evidence is submitted to show that he has present or possible future interest in land
Registration of Adverse Claim
A claim is adverse when: [Sec. 70, par. 1, PD
1529]
(1) Claimant’s right or interest in registered land is adverse to the registered owner, and
(2) Such right arose subsequent to date of original registration, and
(3) No other provision is made in the Decree for the registration of such right or claimant
Requisites for registration of an adverse claim:
(1) The adverse claimant must give a statement of the following in writing:
(a) Hisallegedrightorinterest
(b) How and under whom such alleged right or interest is acquired
(c) The description of the land in which the right or interest is claimed and
(d) Thenumberofthecertificateoftitle
(2) Thestatementmustbe:
(a) Signedbytheadverseclaimant
(b) Swornbeforeanotarypublic
(3) The statement must also state his residence or the place to which all notices may be served
upon him. [Lozano v Ballesteros, G.R. No. 49470 (1991)]
PAGE 475 OF 574
Duration of an adverse claim
(a) 30daysfromthedateofregistration.
(b) After that the annotation of adverse claim may be cancelled upon filing of a verified petition
by the party in interest.
(a) When cancelled, no second adverse claim based on the same ground may be registered by the
same claimant.
Adverse claim is not ipso facto cancelled after 30 days, hearing is necessary. [Sajonas v CA, G.R.
No. 102377 (1996)]
Registration of Execution and Tax Delinquency Sales
Execution sale
(1) 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 the land lies
(2) Register in the registration book & memorandum upon proper certificate of title as adverse
claim or as an encumbrance
(3) To determine preferential rights between 2 liens: priority of registration of attachment
Tax sale
(a) Sale of land for collection of delinquent taxes and penalties due the Government
(b) In personam (all persons interested shall be notified so that they are given opportunity to be
heard)
(1) Notice to be given to delinquent tax payer at last known address
(2) 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 the main entrance of the
provincial building
(c) Sale cannot affect rights of other lien holders unless they are given the right to defend their
rights: due process must be strictly observed
(d) Taxliensuperiortoattachment
Note: No need to register tax lien because it is automatically registered once the tax accrues.
However sale of registered land to foreclose a tax lien needs to be registered.
(1) Officer’s return shall be submitted to Register of Deeds together with duplicate title
(2) Register in the registration book
(3) Memorandum shall be entered in the certificate as an adverse claim or encumbrance
(4) After the period of redemption has expired & no redemption (2 years from registration of
auction sale) is made: cancellation of title & issuance of a new one
(5) Before cancellation, notice shall be sent to registered owner: to surrender title & show cause
why it shall not be cancelled
N o t e : Actual knowledge of a person is equivalent to registration as against him
Registration of Notice Lis Pendens
Purpose of notice of lis pendens: To keep the subject matter within the power of the court until
the entry of final judgment. It therefore creates merely a contingency & not a lien.
When notice of lis pendens is proper: (1) To recover possession of real estate
(2) To quiet title
(3) Toremovecloudsuponthetitlethereof (4) For partition
(5) Other proceedings of any kind in court directly affecting the title to land or the use or
occupation thereof or the buildings thereon
When notice of lis pendens is NOT proper:
(1) Proceedings for the recovery of money judgments
(2) Attachments
PAGE 476 OF 574
(3) Proceedings on the probate of wills
(4) Administration of the estate of deceased persons
(5) Levies on execution
(6) Foreclosure
Process of Registration: By Memorandum or Notice stating
(1) The institution of the action or proceeding
(2) The court wherein the same is pending
(3) The date of the institution of the action
(4) Reference to the number of the certificate of title
(5) Adequate description of the land affected and registered owner thereof
Other parties who need to register
(1) Assignee in involuntary proceeding for insolvency
(a) Duty of the officer serving notice to file a copy of the notice to the Register of Deeds where
the property of debtor lies
(b) Assignee elected or appointed by court shall be entitled to entry of new certificate of
registered land upon presentment of copy of assignment with bankrupt’s certificate of title
(duplicate)
(c) New certificate shall note that it is entered to him as assignee or trustee in insolvency
proceedings
(2) Governmentineminentdomain
(b) Copy of judgment shall be filed in the Register of Deeds which states description of property,
certificate number, interest expropriated, nature of public use
(c) Memorandum shall be made or new certificate of title shall be issued
Effect of registration
(1) Impossibility of alienating the property in dispute during the pendency of the suit – may be
alienated but purchaser is subject to final outcome of pending suit
(2) Register of Deeds is duty bound to carry over notice of lis pendens on all new titles to be
issued
Cancellation of lis pendens
[Sec. 77, PD 1529]
(1) Before final judgment – court may order cancellation after showing that notice is only for
the purpose of molesting an adverse party or it is not necessary to protect the rights of the party
who caused it to be registered
(2) Register of Deeds may also cancel upon verified petition of the party who caused such
registration
(3) Deemed cancelled when certificate of clerk of court stating manner of disposal of proceeding
is registered
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CIVIL LAW
VI. Cadastral Registration
Nature: It is a proceeding in rem, initiated by the filing of a petition for registration by the
government, not by the persons claiming ownership of the land subject thereof, and the latter
are, on the pain of losing their claim thereto, in effect compelled to go to court to make known
their claim or interest therein, and to substantiate such claim or interest.
Unlike other kinds of registration, this is compulsory as it is initiated by the government.
The government does not seek the registration of land in its name. The objective of the
proceeding is the adjudication of title to the lands or lots involved in said proceeding.
dismissed without prejudice
Res judicata DOES NOT apply
prove that he is entitled to the land, the land becomes public land.
There IS res judicata.
Ordinary Registration
Cadastral Registration
DISTINGUISHED REGISTRATION
Voluntary
Applicant is a person claiming title to the land
Usually involves private land; it may also refer to public agricultural lands if the object of the
action is judicial confirmation of imperfect or incomplete title (in which case CA 141 applies)
Applicant comes to court to confirm his title and seek registration of the land in his name
If the applicant fails to prove his title, application may be
FROM
ORDINARY
Compulsory
Procedure in Cadastral Registration:
Sec. 35 and 36, PD 1529
STEP 1: Determination of the President that public interest requires title to unregistered lands be
settled and adjudicated
• President then orders the Director of Lands to conduct cadastral survey
STEP 2: Director of lands shall make a cadastral survey
STEP 3: Director of Lands gives notice to interested persons
Contents of the Notice:
(a) Day on which the survey will begin

(b) Full and accurate description of the lands to be surveyed
STEP 4: Publication of notice
(a) PublishedonceintheOfficialGazette
(b) A copy of the notice in English or the national language shall be posted in a conspicuous place
on the bulletin board of the municipal building of the municipality in which the lands or any
portion thereof is situated
STEP 5: A copy of the notice shall also be sent to:
(a) Mayorofthemunicipality (b) Barangaycaptain
Ordinary Registration
Cadastral Registration
Applicant is the Director of Lands
All classes of land are covered (private and public alienable lands)
Government asks the court to settle and adjudicate the title of the land
In cadastral registration, if the applicant cannot
PAGE 478 OF 574
(c) Sangguniang Panlalawigan and Sangguniang Bayan concerned
S T E P 6 : Geodetic engineers or other Bureau of Land employees in charge of the survey shall
give notice reasonably in advance of the date of the survey
They shall also mark the boundaries of the lands with monuments
S T E P 7 : Interested persons should communicate with the geodetic engineer if he requests for
any information about the land
S T E P 8 : Actual survey and plotting of the land
S T E P 9 : Director of Lands represented by Solicitor General shall institute original registration

proceedings
(a) Petition is filed in the appropriate RTC where the land is situated
(b) Contents of the Petition:
(1) That public interest requires that the title to such lands be settled and adjudicated and
praying that such titles be so settled and adjudicated
(2) Descriptionofthelands
(3) Accompaniedbyaplanthereof
(4) Such other data as may serve to furnish full notice to the occupants of the lands and to all
persons who may claim any right or interest therein
STEP 10: Publication, mailing posting
STEP 11: Hearing
Jurisdiction of the Cadastral Court:
(1) Adjudicate title to any claimant thereto
(2) Declare land as a public land
(3) Ordercorrectionoftechnicaldescription
(4) Order the issuance of new title in place of the title issued under voluntary registration
proceedings
(5) Determine the priority of overlapping title (6) Order the partition of the property
STEP 12: Decision
STEP 13: Issuance of the decree and certificate of title
N o t e : Reopening of cadastral cases no longer allowed
RA 931, effective June 20, 1953 for five (5) years, authorizing the reopening of cadastral cases
under certain conditions and which had been extended until Dec. 31, 1968, is no longer in force.
Courts are thus without jurisdiction or authority to reopen a cadastral proceeding since Dec. 31,
1968. [Aquino, p. 107, citing Republic v. Estenzo, 158 SCRA 282, 1988]
PAGE 479 OF 574
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CIVIL LAW
VII. Judicial Confirmation of Imperfect Title
Applicable law: CA 141, as amended
No title or right to, or equity in, any lands of the public domain may be acquired by prescription
or by adverse possession or occupancy except as expressly provided by law. [Sec 57, CA 141]
The Public Land Act recognizes the concept of ownership under the civil law. This ownership is
based on adverse possession and the right of acquisition is governed by the Chapter on judicial
confirmation of imperfect or incomplete titles.
When applicable: This applies only to alienable and disposable agricultural lands of the public
domain. Under Sec. 6 of CA 141, the President, shall classify the lands of the public domain into:
(a) Alienable or disposable; (b) Timber, and
(c) Mineral lands,
The rule on confirmation of imperfect title does not apply unless and until the land classified as,
say, forest land, is released in an official proclamation to that effect so that if may form part of
the disposable agricultural lands of the public domain. [Bracewell vs. CA, 2000]
The law, as presently phrased, requires that possession of lands of the public domain must be
from June 12, 1945 or earlier, for the same to be acquired through judicial confirmation of
imperfect title [Republic v. Doldol, 1998]
Who may apply: (a) Individuals:
(1) Filipino citizens who by themselves or
(2)
continuous, exclusive, and notorious possession and occupation of alienable and disposable
lands of public domain under a bona fide claim of acquisition since June 12, 1945 or prior thereto
since time immemorial [Sec. 48, CA 141, as amended by Sec. 4, PD 1073]
Filipino citizens who by themselves or their predecessors-in-interest have been, prior to

effectivity of PD 1073 on Jan. 25, 1977, in open, continuous, exclusive, and notorious possession
and occupation of agricultural lands of the public domain, under a bona fide claim of acquisition
of ownership for at least 30 years, or at least since Jan. 24, 1947 [RA 1942]
Natural born citizens of the Philippines who have lost their citizenship and who has legal capacity
to enter into a contract under Philippine laws may be a transferee of private land up to a
maximum area of 5,000sqm, in case of urban land, or 3 hectares in case of rural land to be used
by him for business or other purposes [Sec. 5, RA 8179]
Natural-born citizens of the Philippines, who have lost their Philippine citizenship, who have
acquired disposable and alienable lands of the public domain from Filipino citizens who had
possessed the same in the same manner and for the length of time indicated in numbers (1) and
(2) above.
through interest
their predecessors-in- have been in open,
(b) Corporations
(1) Private domestic corporations or associations which had acquired lands from Filipino citizens
who had possessed the same in the manner and for the length of time indicated in numbers (1)
and (2) above.
Notwithstanding the prohibition in the 1973 and 1987 Constitutions against private corporations
holding lands of the public domain except by lease not exceeding 1000 hectares, still a private
corporation may
PAGE 480 OF 574
(3)
(4)
institute confirmation proceedings under Sec. 48, (b) of the Public Land Act if, at the time of
institution of the registration proceedings, the land was already private land. On the other hand,
if the land was still part of the public domain, then a private corporation cannot institute such
proceedings. [Dir. Of Lands v. IAC and ACME, 146 SCRA 509, 1986]
A. FILING OF THE APPLICATION:
Period of Filing is EXTENDED: RA No. 9176 extended the period to file an application for judicial
confirmation of imperfect or incomplete title to December 31, 2020. Prior to RA 9176 the
deadline for filing was on Dec. 31, 1987.
Scope of the Application: RA 9176 also limited the area subject of the application to 12 hectares.
Prior to RA 9176, the maximum area applied for was 144 hectares.
Applicant must Prove:
followed in judicial confirmation of imperfect or incomplete title.
C. EVIDENCE NECESSARY TO SUBSTANTIATE APPLICATION:
The applicant must prove:
(1) That the land applied for has been declassified and is a public agricultural land, is alienable
and disposable, or otherwise capable of registration. Specifically, the following may be presented:
(a) Presidentialproclamation
(b) ExecutiveOrder
(c) Administrative Order issued by the DENR Secretary
(d) Bureau of Forest Development Land Classification Map
(e) Certification by the Director of Forestry

(f) Investigation reports of Bureau of Lands Investigator
(g) Legislativeactorstatute
(2) The identity of the land; the following may be submitted:
(a) Surveyplan
(b) Tracing cloth plan and blue print copies of plan
(c) Technicaldescriptionoftheland
(d) Taxdeclarations
(e) Boundariesandarea
(3) Possession and occupation of the land for the length of time and in the manner required by
law
B.
(1) The land is alienable and disposable land of public domain at the time of filing of application);
and
(2) S/he must havebeen in open, continuous, exclusive, and notorious (OCEN) possession and
occupation of the land for the length of time and in the manner and concept provided by law [Dir.
Of Lands v. Buyco, 1992]
PROCEDURE IN JUDICIAL
CONFIRMATION:
Sec. 48, par.1, of CA 141 as amended provides,
“The following-described citizens of the Philippines, occupying lands of the public domain or
claiming to own any such lands or an interest therein, but whose titles have not been perfected
or completed, may apply to the Court of First Instance of the province where the land is located
for confirmation of their claims and the issuance of a certificate of title therefor under the Land
Registration Act...”
Hence, the procedure in original registration discussed in the previous section is also
PAGE 481 OF 574
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VIII. Remedies
It is important to take note of the following concepts in studying remedies:

Innocent Purchaser for Value – one who buys the property of another without notice that
some other person has a right to or interest in it, and who pays a full and fair price at the time of
the purchase or before receiving any notice of another person’s claim [Rosales v Burgos, G.R. No.
143573]
Extrinsic or Actual fraud – any fraudulent act of the successful party in a litigation which is
committed outside the trial of a case against the defeated party, or his agents, attorneys or
witnesses, whereby said defeated party is prevented from presenting fully and fairly his side of
the case. [Sterling Investment Corporation v Ruiz, G.R. No. L-30694]
An aggrieved party in a registration proceeding may avail himself of the following remedies:
(1) Motion for New Trial [see Rule 37, ROC]Relief from Judgment [see Rule 38, ROC]
(2) Appeal
(3) Petition for Review of Decree of Registration
(4) Action for Reconveyance
(5) Quieting of Title
(6) Cancellation of Title
(7) Action for Damages
(8) Action for Compensation from the Assurance Fund
(9) Reversion
Annulment of Judgment [see Rule 47, ROC]
Appeal – Sec. 30, PD 1529 as amended by BP 129 provides that an appeal may be taken from
the judgment of the court as in ordinary civil cases.
• Period in Sec. 30, PD 1529 has been modified to 15 days as per Sec. 39, BP 129
Unlike ordinary civil actions, the adjudication of land in a cadastral or land registration
proceeding does not become final in the sense of incontrovertibility until after the expiration of
one (1) year after the entry of the final decree of registration. As long as a final decree has not
been entered by the LRA and the period of 1 year has not elapsed from date of such decree, the
title is not finally adjudicated and the decision in the registration proceeding continues to be
under the control and sound discretion of the court rendering it. [Gomez v. CA, 168 SCRA 503,
(1988)]
Petition to Reopen or Review Decree of Registration – Sec. 32, PD 1529
(a) To whom available: Only to an aggrieved party who has been deprived of land or any estate or
interest therein by decree of registration
(b) When to file: Any time after the rendition of the court’s decision and before the expiration of
1 year from entry of decree of registration
(1) Upon expiration of the 1 year period, every decree becomes incontrovertible
(2) The Court held that the petition may be filed at any time after rendition of the court’s
decision (no need to wait for actual entry in the LRA) and before expiration of one year from
entry of the final decree of registration. [Rivera v. Moran, 48 Phil. 836; Director of Lands v. Aba, et
al., 68 Phil. 85.]
(c) Sole and ONLY Ground: Actual Fraud
(1) Actual fraud proceeds from an intentional deception practiced by means of misrepresentation
or concealment of material fact
(2) The fraud must consist in an intentional omission of fact required by law to be stated in the
application or a wilful statement of a claim against the truth
PAGE 482 OF 574
CIVIL LAW
(d) Requisites for Petition to Reopen or Review
(1) The petitioner must have an estate or interest in the land;
(2) He must show actual fraud in the procurement of the decree of registration;
(3) Thattheactionisfiledwithinoneyear from the issuance and entry of the decree of registration;
and
(4) That the property has not been transferred to an innocent purchaser for value; and [Agcaoili
citing Walstrom v Mapa, G.R. No. 38387]
Action for Reconveyance:
(a) Whentofile:
(1) Before issuance of decree, or within/after 1 year from entry
(2) If based on implied trust, 10 years;
(3) If based on express trust and void contract, or if the plaintiff is in possession of the land,
imprescriptible
(4) If based on fraud, 4 years from the discovery
(b) It does not reopen proceedings but a mere transfer of the land from registered owner to the
rightful owner [Esconde v. Barlongay, 1987]
(c) Requisites:
(1) The action must be brought in the name of a person claiming ownership or dominical right
over the land registered in the name of the defendant;
(2) The registration of the land in the name of the defendant was procured through fraud or
other illegal means;
(3) The property has not yet passed to an innocent purchaser for value; and
(4) The action is filed after the certificate of title had already become final and incontrovertible
but within 4 years from the discovery of the fraud
[Balbin v Medalla, G.R. No. L-46410] or not later than 10 years in the case of an implied trust
[New Regent Sources, Inc. v Tanjuatco, G.R. No. 168800]
Quieting of Title – remedy for the removal of any cloud of doubt or uncertainty with respect to
real property
(a) Who may file: See Sec. 1, Rule 63, ROC (b) Requisites:
(1) Plaintiff or complainant has a legal or an equitable title to or interest in the real property
subject of the action; and
(2) The deed, claim, encumbrance or proceeding claimed to be casting a cloud on his title must
be shown to be in fact invalid or inoperative despite its prima facie appearance of validity or legal
efficacy.
Cancellation of Title – It is initiated by a private party usually in a case where there are two
titles issued to different persons for the same lot. [Agcaoili, 2015]
Action for Damages - It can be availed of when reconveyance is no longer possible as when the
land has been transferred to an innocent purchaser for value [Ching v. CA, 1990]
Action for Compensation from the Assurance Fund
(a) Requisites:
(1) That a person sustains loss or damage, or is deprived of any estate or interest in land;
(2) On account of the bringing of land under the operation of the Torrens System arising after
original registration;
(3) Through fraud, error, omission, mistake or misdescription in a certificate of title or entry or
PAGE 483 OF 574

memorandum in the registration book;
(4) Without negligence on his part; and
(5) Is barred or precluded from bringing an action for the recovery of such land or estate or
interest therein. [AGCAOILI at 619]
Reversion - Instituted by the government, thru the Solicitor General in all cases where lands of
public domain are held in violation of the Constitution or were fraudulently conveyed.
Indefeasibility of title, prescription, laches, and estoppel do not bar reversion suits.
IX. Petitions and Motions After Original Registration
All petitions or motions after original registration shall be filed and entitled in the original case in
which the decree of registration was entered [Sec 108, PD 1529]
(a) LostDuplicateCertificate
(1) Person in interest must file a sworn statement that the certificate is lost or destroyed before
the Register of Deeds
(2) A petition will then be filed for the issuance of new title
(3) Court will order issuance of new title after due notice and hearing, with memorandum that it
is issued in place of a lost certificate
(b) Petition seeking surrender of duplicate title
(1) In voluntary and involuntary conveyances; when the duplicate cannot be produced, the party
must petition the court to compel surrender of duplicate certificate of title to Register of Deeds
(2) After hearing, court may order issuance of a new certificate and annul the old certificate
(c) Amendment and alteration of certificate of title
(1) A certificate of title cannot be altered or amended except in a direct proceeding in court
which is summary in nature
(2) No amendment or alteration of decree is permitted except upon order of the court
(3) Notimelimittofilepetition
(4) Grounds:
(i) New interest that does not appear on the instrument have been created
PAGE 484 OF 574
UP LAW BOC
CIVIL LAW
(ii)
(iii)
(iv)
(v) (vi) (vii)
(viii)
Interest have been terminated or ceased
Omission or error was made in entering certificate
Name of person on certificate has been changed
Registered owner has married
Marriage has terminated
Corporation has dissolved and has not conveyed the property within 3 years after its dissolution
Allowable corrections as long as the rights or interest of persons are not impaired
(2) Number of certificates of title lost or damaged should be at least 10% of the total number in
possession of the Register of Deeds
(3) Innocaseshallthenumberof certificates of title lost or damaged be less than 500; AND
(4) Petitioner must have the duplicate copy of the certificate of title [RA 6732]
(d) ReconstitutionofCertificateoftitle
(1) 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
(2) To have the same reproduced after proper proceedings in the same form they were when the
loss or destruction occurred [Heirs of Pedro Pinote v. Dulay, 1990]
(3) Kinds:
(i) Judicial
(1) A petition is filed before the RTC
(2) Petition is published in the Official Gazette for 2
consecutive issues
posted on main entrance of municipality for at least 30 days before hearing

(3) Hearingisthenconducted
(4) Court may then order reconstitution if meritorious
(ii) Administrative, which may be availed only in case of:
(1) Substantial loss or destruction of original land titles due to fire, flood, or other force majeure
as determined by the LRA
and
PAGE 485 OF 574
X. Dealings with 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. [Sec. 113, par. 1, PD 1529]
EFFECTS OF TRANSACTIONS COVERING UNREGISTERED LAND
(1) As between the parties – The contract is binding and valid even if not registered
(2) As among third persons – There must be registration for the transaction to be binding
against third persons
PRIMARY ENTRY BOOK AND REGISTRATION BOOK
The Register of Deeds for each province or city shall keep a Primary Entry Book and a Registration
Book.
(1) The Primary Entry Book shall contain, among other particulars:
(a) Entry number
(b) Namesoftheparties
(c) Nature of the document
(d) Date, hour and minute it was presented and received
(2) The Registration Book – Provides spaces whereon the annotation is made after the
instrument has been entered in the Primary Entry Book
(1) Registration is by way of annotation

(2) The instrument dealing with unregistered land is presented before the Register of Deeds
(3) The Register will then determine if it can be registered:
(a) If, on the face of the instrument, it appears that it is sufficient in law, the Register of Deeds
shall forthwith record the instrument
(b) In case the Register of Deeds refuses its administration to record, he shall advise the party in
interest in writing of the ground or grounds for his refusal
• The latter may appeal the matter to the Commissioner of Land Registration
Recording by the Register of Deeds is ministerial.
Recording made under this section shall be without prejudice to a third party with a better right.
[Sec. 113, PD 1529]
Better right – refers to a right which must have been acquired by a third party independently
of the unregistered deed, such, for instance, as title by prescription, and that it has no reference
to rights acquired under that unregistered deed itself. [Pena at 600]
Involuntary dealings in unregistered lands
PD 1529 now permits the registration of involuntary dealings in unregistered lands.
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 Sec. 113. [Sec. 113 (d), PD 1529]
PAGE 486 OF 574
CIVIL LAW
XI. Non-Registerable Properties
(c) Waters rising continuously or intermittently on lands of public dominion
(d) Lakes and lagoons formed by Nature on public lands, and their beds
(e) Rain waters running through ravines or sand beds, which are also part of public dominion;
(f) Subterranean waters on public lands
(g) Waters found within the zone of operation of public works, even if constructed by a contractor
(h) Waters rising continuously or intermittently on lands belonging to private persons, to the
State, to a province, or to a city or municipality from the moment they leave such lands
(i) The waste waters of fountains, sewers, and public establishments

Specific kinds of non-registrable properties or lands
(1) Forest or timberland, public forest, forest reserves
(2) National parks – Under the present Constitution, national parks are declared part of the
public domain, and shall be conserved and may not be increased nor diminished, except by law
[Rep. v AFP Retirement and Separation Benefits System, G.R. No. 180463, (2013)]
(3) Mangrove swamps - Mangrove swamps or mangroves should be understood as comprised

within the public forests of the Philippines as defined in Sec. 1820, Administrative Code of 1917.
[Dir. Of Forestry v. Villareal, G.R. No. L-32266 (1980)]
(4) Mineral lands - Both under the 1987 Constitution and Sec. 2 of the Public Land Act, mineral
lands are not alienable and disposable. [Lepanto Consolidated Mining Co. v. Dumyung, G.R. No.
L-31666, (1979)]
(5) Foreshore land and seashore and reclaimed lands- Seashore, foreshore, and/or portions of
territorial waters and
All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all
forces of potential energy, fisheries, forests or timber, wildlife, flora and fauna, and other natural
resources are owned by the State. [Sec. 2, Art. XII, 1987 Constitution]
With the exception of agricultural lands, all other natural resources shall not be
alienated. [Sec. 2, Art. XI, 1987 Constitution]
The classification of public lands is an exclusive prerogative of the Executive Department of

the Government and not of the courts. In the absence of such classification, the land remains as
unclassified land until it is released therefrom and rendered open to disposition. [Aquino, p. 41,
citing Dir. Of Lands and Dir. Of Forest Development v. CA, 129 SCRA 689, 1984]
Civil Code provisions dealing with non-registrable properties
(1) Properties of public dominion [Art. 420, Civil Code]
(a) Those intended for public use, such as roads, canals, rivers, torrents, ports and bridges
constructed by the State, banks, shores, roadsteads, and others of similar character;
(b) Those which belong to the State, without being for public use, and are intended for some
public service or for the development of the national wealth.
(2) WatersunderArt.502,CivilCode
(a) Riversandnaturalbeds
(b) Continuous or intermittent waters of springs and brooks running in their natural beds and the
beds themselves
PAGE 487 OF 574

beaches, cannot be registered. Even alluvial formation along the seashore is part of public
domain. [Aquino, p. 45, citing Dizon v. Rodriguez, 13 SCRA 704, 1965]
(6) Lakes - Lakes are part of public dominion. [Art. 502(4), Civil Code]
(7) Creeks and Streams – A dried up creek bed is property of public dominion [Fernando v
Acuna, G.R. No. 161030 (2011)
(8) Military or Naval Reservations - The reservation made segregates it from the public domain
and no amount of time in whatever nature of possession could have ripen such possession into
private ownership. [Republic v. Marcos, G.R. No. L-32941, (1973)]
(9) Watershed - The Constitution expressly mandates the conservation and utilization of natural
resources, which includes the country’s watershed. [Tan v. Dir. Of Forestry, G.R. No. L-24548,
(1983)]
(10) Grazing lands - While the 1987 Constitution does not specifically prove that grazing lands are
not disposable, yet if such lands are part of a forest reserve, there can be no doubt that the same
are incapable of registration. [Aquino, p. 49, citing Dir. Of Lands v. Rivas]
(11) Previously titled land - Proceeds from the indefeasibility of the Torrens title.
(12) Alluvial deposit along river when man-made - Such deposit is really an encroachment of a
portion of the bed of the river, classified as property of the public domain under Art. 420, par. 1
and Art. 502 (1) of the Civil Code, hence not open to registration. [Republic v. CA, 132 SCRA 514,
1984]
(13) Reservations for public and semi- public purposes – Sec. 14, Chapter 4, Book III of EO No.
292 provides that the President shall have the power to reserve for settlement or public use, and
for specific public purposes, any of the lands of public domain, the use of which is not otherwise
directed by law.
The land registration court has no jurisdiction over non-registrable property and cannot validly
adjudge the registration of title thereof in favor of a private applicant. [Pena, p. 105]
Thus, where it has so been adjudged, the river not being capable of private appropriation or
acquisition by prescription, the title thereto may be attacked, either directly or collaterally, by the
State which is not bound by any prescriptive period provided by the Statute of Limitation. [Pena
citing Martinez v. CA, GR No. L-31271, (1974)]
PAGE 488 OF 574

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CIVIL LAW

LAND TITLES AND DEEDS

PAGE 454 OF 574

UP LAW BOC LAND TITLES AND DEEDS CIVIL LAW

Title and Certificate of Title Distinguished

(1) Freehold Estate – Indicates title of ownership

(2) Less-than-Freehold Estate – Signifies some sort of right short of title

LAND REGISTRATION – A judicial or administrative proceeding whereby a person’s claim of

Lawful cause or ground of possessing that which is ours.

It is a mere evidence of ownership; it is not the title to the land itself.1

The title is a conclusive evidence of ownership and it cannot be attacked collaterally.

(f) At least two (2) witnesses

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UP LAW BOC LAND TITLES AND DEEDS CIVIL LAW

LAWS IMPLEMENTING LAND REGISTRATION

(1) Public Land Act [CA 141, as amended]

(3) Cadastral Act [Act 2259, as amended]

(4) Indigenous Peoples Rights Act of 1997 [RA 8371]

(5) Emancipation Decree [PD 27, as amended]

(6) Comprehensive Agrarian Reform Law of 1988 [RA 6657, as amended]

PURPOSES OF LAND REGISTRATION

(1) Constructive notice to the whole world. [Sec. 52, PD 1529]

(3) As held in Legarda v. Saleeby [31 Phil. 590 (1915)]

(d) To give every registered owner complete peace of mind

(f) To avoid conflicts of title in and to

real estate and to facilitate transactions

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Province of Negros Occidental [7 SCRA 60 (1963)]

held in Capitol Subdivisions, Inc. v. (a) To avoid possible conflicts of title in

and to real property, and

(1) Private or public

(2) Alienable or inalienable

(4) Registrable or Non-registrable

UP LAW BOC LAND TITLES AND DEEDS CIVIL LAW

Registrable lands are:

(1) Alienable public agricultural lands,

(1) Secures title

(5) Barred the recurrence of faults in the title [Legarda v. Saleeby]

Nature: Judicial in nature.

ADMINISTRATION OF THE TORRENS SYSTEM

Administration of the Torrens System

(1) Land Registration Authority

• Under the executive supervision of the DOJ

• Consists of an Administrator assisted by 2 Deputy Administrators

(2) Register of Deeds

• Constitutes a public repository of records of instruments affecting registered or unregistered

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UP LAW BOC LAND TITLES AND DEEDS CIVIL LAW

EFFECT OF REGISTRATION UNDER THE TORRENS SYSTEM

(1) Land is placed under the operation of the Torrens system

(i) Those claims noted on the certificate

PAGE 458 OF 574

UP LAW BOC LAND TITLES AND DEEDS CIVIL LAW

(3) Title to the land becomes non- prescriptible

(i) If previous valid title of the same

(ii) When the land covered is not capable of registration

(iii) When acquisition of certificate is attended by fraud

(5) Torrens certificate is presumed valid and devoid of flaws.

Note: Registration is not equivalent to legal title

(1) The grantor,

(3) Third persons having actual notice or knowledge thereof.

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UP LAW BOC LAND TITLES AND DEEDS CIVIL LAW

II. The Regalian Doctrine