A geodetic engineer was engaged by a client to relocate or re-establish on the ground the boundaries of a parcel of land surveyed

and approved in 1923 as an isolated (Psu-1234) survey which was titled in 1925. While his relocation survey was progressing,
based on the bearings, distance and area in the title, one of the adjoining owners who felt adversely affected by the result of the
relocation survey which he claimed encroached on this property, protested and supported his protest with a cadastral map in which
Psu-1234 was indicated together with a cadastral lot number, but with the word “Rejected” under it, enclosed in parenthesis. Digging
into the cadastral survey records, the GE found some of the bearings and area of the equivalent cadastral lot to be significantly
different from those of Psu-1234. The cadastral survey was executed in 1927 and approved on 1929.

Question: If you were the GE, assuming both surveys were correctly done technically speaking, which bearings and distances and area should
you use or adopt in order to finish your work? Should it be PSU or of cadastral survey?
ANSWER: The bearing, distance and area of PSU because:
1. A Torrens Title, bearing the product of a judicial process is a “notice against the whole world” and nothing in the contents of a title
could be changed except in compliance with a court order which, in the present case, is non-existent.
2. A mere rejection by DENR of the technical description due to the absence of available records in that office can’t legally take effect
against those already contained in a prior against those already contained in a prior Decree and/or Torrens Title.
3. PSU 1234 was approved in 1923 and titled in 1925 which were times before WWII. It has been an established fact that most records
of DENR, LRA and ROD were destroyed during WWII. Since the cadastral survey was executed and approved after that war, no
records of PSU 1234 may have been recovered during that time from the concerned government offices and the land owner may not
have presented his copy of title to the surveyors undertaking the survey or to the Bureau of Lands. This is the reason why PSU 1234
was rejected.

Simplicio Santos is a duly registered Geodetic Engineer. He is engaged by Jose Cruz, a Filipino citizen to survey for registration
purposes, a piece of land which according to Cruz is a private property belonging to him. In the course of the survey, Simplicio
Santos, the GE, finds out that the land subject of survey is without cultivation and is located in forest land area established by the
Bureau of Forestry. In your opinion, should the GE in the proper exercise of his profession continue to execute the survey?

ANSWER: If after verification from the records of Bureau of Forestry that the property sought by Jose Cruz to be surveyed is within an
established forest land area it is submitted that GE Santos should not procees to execute the survey for the reason that forest or timber land
are not alienable or disposable lands of public domain unless provided there is a Presidential Proclamation, reclassifying the said parcel of land.

Antonio is the holder of a Torrens Title covering a piece of farm land in Camarines Norte. For 35 years, he lived in the United States
where he was employed. During his absence from the Philippines, the land was occupied and was cultivated by Celso who declared
the land for taxation in his own name. When Antonio returned to the country, he demanded that Celso vacate the premises, but
Celso refused, claiming that by virtue of his adverse, continuous possession of land for more than 30 years, he had acquired title by
prescription. Is the claim of Celso valid?

ANSWER: No. Prescription does not run against private lands brought under the operation of Torrens System nor against public lands except
where the law expressly so provides like in free patent. Supporting this answer are the provisions that no title to registered lands in derogation
to that of the registered owner shall be acquired by prescription or adverse possession.

Concordio Lopez bought one-half portion of a piece of land from Epifanio, who has a Torrens Title thereto. What steps should
Concordio Lopez take in order that a Certificate of Title of the portion bought by him may be issued in his name? Suppose
Concordio Lopez and Epifanio have no money to spend for the subdivision survey of the land, what should Concordio Lopez do in
order to protect his interest in the Land?

ANSWER: For Concordio Lopez to be issued a certificate of title in his name for the portion he bought from Epifanio, he should first ask for the
survey and subdivision of the land; have said survey and subdivision of the Lands; thereafter, Concordio and Epifanio shall enter into an
agreement of partition; and with the partition and deed of sale filed with the Office of the Register of Deed, the latter will issue a transfer
certificate of title in the name of both Concordio and Epifanio for their respective portions.
If both of them have no money to spend for the survey and subdivision, Concordio Lopez should have the deed of sale covering the
half portion of land he bought from Epifanio registered and annotated in the title of Epifanio so that his interest will be amptly protected.

Under Civil Code avulsion is the transfer of a known portion of land from one estate to another because of the action or natural force
of the water along rivers and streams and ownership of that portion physically transferred in location is governed by the principles
herein provided.
QUESTION: May these principles be applied by analogy to the shifting of titled land locations due to other natural force such as earthquake?

ANSWER: Yes. This would be applied also to the analogy of shifting titled land due to earthquake because these are natural forces which could
not be controlled by man just like natural flows of streams of rivers.

Romeo, Antonio and Jose are the registered owners of the piece of land under the Torrens System. Ten months after the issuance
of title, Romeo died, and survived only by his wife Marites.
Antonio and Jose want to sell the property. Do they need the approval and signature of Marites? Explain
ANSWER: It is respectfully submitted that if Antonio and Jose want to sell the entire property, they would need the approval of Romeo by virtue
of succession. Therefore, being now considered as co-owner of the entire property with Antonio and Jose, Marites’ approval and signature to
the sales is necessary to bind the entire property. Should Antonio and Jose insist of selling their shares granted to them under Ar.493 of Civil
Code, and without the approval of Marites, then the sale shall be valid only in so far as their interest are concerned. This is however, subject to
the redemption granted to Marites under Ar.1620 of Civil Code.

Servio who is in the United States has a parcel of land with an area of 150 square meters divided into two (2), a portion which
contains the 100 square meter and another is the 50 square meters remaining. Servio registered only the portion which contains
100 square meter to the Register of Deeds and left the 50 square meter tract unregistered. His friend, Pablo asks to occupy the
remaining 50 square meters of Servio`s lot and he permitted Pablo. For 25 years, Pablo stayed in the said land. When Servio came
back to the Philippines, he was informed that Pablo surreptitiously registered the 50 square meter land in his name.
Question: Does Servio has the right to reacquire the ownership of the 50 square meter land?

ANSWER: No. Because at the first place, Servio only registered the 100 square meter vast of land, leaving the remaining area unregistered.
Through the means of prescription, which is having an open, continuous, exclusive and notorious possession and occupation of the 50 square
meter land, Pablo can acquire title thereof.

Mario and Juan lives along the Yawa River. They have been living for more than 15 years. Mario was an informal settler and Juan
has a title over his property. During rainy seasons especially Amihan period where storms are numerous, the said river flows fast.
As years go by, Mario noticed that his land area was slowly getting smaller and Juan`s property became larger through the years.
Mario decided to consult Engr.Sandoval, a Geodetic Engineer, also his friend about the situation if he could slice an area from
Juan`s property which is equivalent to the area he lost during the span of time.

Question: If you were Engr. Sandoval, what would be your answer to the problem consulted by Mario?

ANSWER: First of all, Mario is an informal settler, concluding that he is not the owner of the land adjacent to the river which was diminishing in
the area meaning he has no right over it. Juan which has the legal documents in hand has the right to register the added area brought by the
slowly accumulation of sediments. By law, it is said that through the process of accretion, which is the act by which the land bordering a stream
or other body of water increases its area by gradual deposit of soil or sea weeds by current of river under Art.457 of Civil Code