LAND TITLES AND DEEDS
General Concepts:
 Land Registration
- System that would make it easier and simpler
to own lands
o Purposes:
1. To quiet title to land and to forever stop
any question as to the legality of the said
title
 To quiet doubt as to who owns a
property
 To register the land is to erase the
cloud of doubt, segregate it from the
rest of the property and prove one’s
claim over it
2. Publish or provide a means of publication
 Announcement that you are the
owner of the property
 Disputable presumption
 Burden of proof lies on the person
contesting title
 Title
- The lawful cause or ground of possessing that
which is ours
- The foundation of ownership of property, real
or personal
- A just cause of exclusive possession, or which
is the foundation of ownership of property
(Castillo v. Escutin)
- Juridical act or deed that proves the extent of
ownership over the property
- The claim itself
- Not sufficient to transfer ownership as claim
needs to be perfected first before the transfer
or any overt act of transfer
- Lay claim over it and not necessary own it but
needs to be acquired
- Basis of acquisition
 Ownership
- Exercise of all the rights of ownership
- Absolute
- Independent right of exclusion ownership to
the exclusion of others
Modes of acquiring title:
1. Public Grant
- From Spanish Era in the form of Royal Grant
- Concessions of discoverers and workers
2. Emancipation Patent or Grant
- Grants to the tillers of the land by virtue of
the CARP
- A way of giving back to the tillers of the land
is for them to own the land they till
- Acknowledgment of their service
3. Reclamation
- Setting a body of water, filling it with land to
extend the landmass
- Done only by the National Government or
State
©J. Quiaño Notes
- To expand the properties of the State
4. Private Grant
- Through: Contract of Sale, Donation and etc.
- Transfer from one person to another
5. Involuntary Alienation
- Alienation of the property against the will of
the owner
- Example: Foreclosure, Eminent Domain
6. Device, Dissent
- By hereditary succession
7. Prescription
- Open, Continuous, Exclusive, Notorious
(OCEN) possession in the concept of an
owner
- in the exclusion of others
- for 30 years
 Certificate of Title
- A mere evidence of ownership
- It is not the title to the land itself
 Types:
1. Original Certificate of Title (COT)
- First document issued in the name of
the registered owner by the Register of
Deeds once a property is registered
under the Torrens system by judicial
or administrative proceeding
2. Transfer Certificate of Title (TCT)
- Document that embodies subsequent
transfers issued by the Register of
Deeds in favour of a transferee to
whom ownership of the registered
land has been transferred by any legal
mode of conveyance
 OCT and TCTs are always issued in
duplicate form
- One for the RD of the city or province
where the property is located and one
owner’s duplicate
 Deed
- Any instrument which any real estate or
interest therein is created, alienated,
mortgaged, or assigned, or by which title to real
estate may be effected in law or equity
- Transfers the right
- Necessary for registration
- Should it be notarized? YES. Requirement of
the LRA under PD 1529 for registration
Laws Governing Land Registration:
1. Presidential Decree No. 1529 (PD 1529)
- Property Registration Decree
- Condensed and codified land registration
2. Commonwealth Act No. 141 (CA 141)
- Public Land Act
- Governs the act of the State segregating public
lands for private ownership
Page 1 of 10
 3. Republic Act No. 8371 (IPRA)
- Jura Regalia: all lands are owned by the State
o Exception: Native Title
- Establishes that ancestral lands never belonged
to the State
4. Republic Act No. 10023 (Free Patents)
- Law which talks about rights of the people
occupying a property for at least 10 years
- Introduction of improvements + OCEN
 Land Registration:
- Judicial or Administrative proceedings whereby
a person’s claim of ownership is determined,
confirmed, and recognized so that such land
and the ownership thereof may be recorded in a
public registry
Purposes:
1. To issue Certificate of title to owner which shall
be the best evidence of his ownership of the land
described therein
 Mirror Doctrine
 Exceptions:
o Actual knowledge of defect
o Doubt based on reasonable doubt of
vitiated consent
2. To give every registered owner complete peace of
mind of any claims
3. To relieve the land of all claims
4. To quiet title to land and forever stop any
question as to the legality of the said title
5. To avoid conflicts of title in and to real estate,
and to facilitate transactions
 30 days from execution of the Deed of
Conveyance
6. To guarantee the integrity of lands titles and to
protect their indefeasibility once the claim of
ownership is established and recognized
Certificate of Title is absolute, indefeasible, and
imprescriptible.
Exceptions:
 If it is glaring on its face that it is
acquired through fraud
o Disputable
o Person questioning has the burden of
proof
Concept of the Torrens System
 By Richard Torrens, and Australian
 Most effective measure to guarantee the integrity
of land titles
 Issued after 1 year from issuance of decree by the
court where the property was applied for
 Without this system, land conflicts will be even
more abrasive, if not violent and will result to
multiple claims over the property
Republic v. Guerrero
 Government is required under the Torrens
System to issue and official certificate to attest to
the fact of ownership of the property of the
registered owner named therein
©J. Quiaño Notes
 Object is to obviate possible conflicts of title by
giving the public right to rely upon the face of the
Torrens system Certificate and to dispense the
inquiring
Registration under the Torrens System
 Not a mode of acquiring ownership
 Purpose of registration is the recording the fact of
ownership and COT attesting to such fact
 Section 2, PD 1529
o Procedure to establish title over realty
o Means of confirming the fact of its existence
with notice to the world at large
o COT is not a source of right but merely
evidence of ownership
o Mere possession thereof does not make one
the owner of the property
o Merely records or confirms a title already
existing and vested
Purpose of the Torrens System:
1. To quiet title to land and forever stop any question
as to the legality of the said title except claims
which were noted at the time of registration
 Bound by annotation or limitation of title
2. To relieve the land of unknown liens or claims
against it EXCEPT statutory liens under Section
44, PD 1529
3. To establish priority in right
4. To create indefeasible and imprescriptible title
binding to the whole world
5. Means of publication or notice to third persons
6. To provide stability to land titles
7. To facilitate transactions except when the party
has actual knowledge
8. To prevent fraudulent claims
Advantages:
1. Substituted security to insecurity
2. Reduced the cost of conveyance and sounds to
shillings and time occupied from months
3. Exchanged brevity and clears obscurity and
verbiage
4. Simplified ordinary dealings
5. Affords protection against fraud
6. Restored to their just value many estates held
under good titles, but depreciated in consequence
of some blur or technical defect and has barred the
reoccurrence of similar faults
Mirror Doctrine
- Every person dealing with registered land may
safely rely on the correctness of the COT issued
therefor and is in no way obliged to go beyond the
certificate to determine the condition of the
property
Exceptions:
1. Actual Knowledge
2. Reason to believe that title has defect
Page 2 of 10
Registration as a proceeding in rem
- Binding against the whole world
- Jurisdiction in rem: unless there is constructive
seizure of the land through publication and
service of notice
o Publication: to bind everyone
No oppositors: court shall order a general
order of default
o Service of Notice: Applicant must state
the claimants/oppositors and the adjacent
land owners
Regalian Doctrine
- All lands belong to the State
- Juridical entities: at least 60% is Filipino owned;
60% subscribed stocks: paid-up or not
- State shall have full control and supervision
- Social function
- Valid for 25 years and renewable for not more
that 25 years: to avoid monopoly and for nature
to recover
- Claimant has the burden of proof that the land is
not part of public domain by incontrovertible
evidence
Section 3, Article XII of the Constitution
 Lands are classified as:
1. Agricultural Land: susceptible to
acquisition of ownership
2. Forest or Timber
3. Mineral
4. National Park
 Presumption of State ownership over public lands
- All lands that were not acquired from the
government either by purchase or grant,
belong to the public domain
- Exception:
Possession since time in immemorial
 Native title
 Never part of the properties
acquired by the Spanish Regime
 To be proven
Classification of lands under CA 141
1. Alienable and disposable (Section 48)
2. Timber
3. Mineral
Section 9, CA 141
 Public agricultural lands which are still owned by
the government, those alienable and disposable;
open for disposition classified according to its use
or purpose:
a. Agricultural Land
b. Residential, Commercial, Industrial, or for
similar productive purpose
c. Educational, charitable, or other similar
purposes
d. Preservation for townsites and for public
and quasi-public uses
For identifying a particular area as residential
commercial and for other purpose
Classification is a prerogative of the Executive
Branch (Section 6, CA 141)
 President can classify, reclassify, declassify
 Secretary of DENR: recommendatory powers
©J. Quiaño Notes
 Classification cannot be presumed
 It must be categorical (Republic v. CA)
 It does not change even when the nature of the
land changes. A positive act from the Executive
Branch is needed
 It must be direct and explicit
 Descriptive of its legal nature
Timberland: not covered by CA 141 but the Forestry
Code (PD 705)
Mineral land: not covered by CA 141 but the Mining
Act
Classification of public lands:
1. Alienable and disposable lands of the public
domain
2. Inalienable property
People v. Naguiat
 OCEN must be in the concept of an owner
 Classification is descriptive of the land’s legal
nature or status and does not actually look
 Declassification and reclassification cannot be
presumed
Inalienable Properties:
 Article 420, Civil Code
 Article 421, Civil Code
- Patrimonial Property: alienable
 Article 422, Civil Code
- Property of public dominion
- Declaration must be clear that it is alienable
and disposable; not subject to attachment or
execution
 Article 424,Civil Code
- Special laws: Local Government Code
Proceedings in Land Registration:
I. Judicial Proceedings
- Application is filed in court
- Needs notice and hearing
Types:
1. Ordinary Registration Proceedings
- Application for land registration with
the court
- Jurisdiction: Regional Trial Court
- Asking them to be granted decree of
registration
2. Judicial confirmation of imperfect or
incomplete title
- OCEN in the concept of an owner for 30
years
- Under CA 141
- Difference with Ordinary Registration
proceedings is the basis of acquisition of
title
- Original Certificate of title by the
Judicial System
3. Cadastral Proceedings
- State to institute and claims that it is
public land
- Claimant should prove that he has better
right and disprove the fact that lands are
privately owned
Page 3 of 10
 - Otherwise, land will be declared public
land
II. Administrative Proceedings
- Application is filed before the DENR
- For homestead, sales, special and free patent
- Original petitions for the first time
- DENR and Court Proceedings require same
documents
Land Registration Authority (LRA)
 Central repository of records relative to original
registration of lands under the Torrens System
 Created by PD 1529
 Under the City or Province Registry of Deeds
 Appointed by the Secretary of Justice
 Headed by: Administrator and 2 deputy
administrator (Appointed by the President)
Functions:
1. Extend assistance to the Department of
Agrarian Reform, Land Bank and other
agencies in the implementation of the land
reform program
2. Extend assistance to courts in ordinary and
cadastral land registration proceedings
3. Functions as the central repository of
records relative to original registration of
lands under the Torrens System, including
subdivision and consolidation plan of titled
lands
Functions of the LRA Administrator:
1. Issue decrees of registration pursuant to final
judgments of the courts in land registration
proceedings
2. Exercise supervision and control over all
registers of deeds and other personnel of the
authority
3. Resolve cases elevated in consulta by or appeal
of decisions of Register of Deeds
4. Exercise executive supervision over all clerk of
court and personnel of the RTC with respect to
registration of lands
5. Implement all orders, decisions and decrees,
promulgated relative to registration of lands and
issue, subject to the approval of the Secretary of
Justice, all necessary rules and regulations
6. Verify and approve all subdivision and
consolidation-subdivision survey plans of
property titled under PD 1529 except those
covered by PD 957
LRA Administrator
 Purely executive function; act according to the
decision of the court
 Subject to the control and supervision of the
President
 LRA officer’s duty to issue decree of registration
is purely ministerial
 Act as official of the court and not as an
administrative official
Register of Deeds
 One for each province and for each city
 Purely ministerial
©J. Quiaño Notes
 Public repository of records of instruments
affecting registered or unregistered lands and
chattel mortgage
When can the RD refuse registration?
1. Several copies of title (co-owner title) and only
one is presented with the instrument to be
registered
2. Property is presumed to be conjugal but the
instrument of conveyance bears the signature of
only one spouse
 Even applies to settlement of estate
 To preserve sanctity of marriage
3. When there is a pending case in court where the
character of the land and validity of the
conveyance are in issue
4. Where the required documents or requirements
are not submitted
5. If the deed of conveyance was not notarized
Effect of Registration:
 Confirms existing right of a person or applicant
 Does not add validity to the instrument or
validate a void contract
Original Land Registration Proceedings
 Original: First time that Certificate Title is
issued
 Subsequent: Transfers
Before a person can apply for OCT:
1. He must have an imperfect or incomplete title
 No registration
 All the rights of an owner are exercised
 Last step is to register or have it judicially
confirmed
2. An existing right of ownership over the land
“Incomplete or Imperfect title”
- Refers to OCEN of alienable and disposable
lands of the public domain under a bonafide
claim of ownership since June 12, 1945 or earlier
Sec. 14(1), PD 1529 in conjunction with Sec.
48(b), CA 141
 Land occupied since June 12, 1945 or earlier
must be that the land is suitable for agricultural
purposes or agricultural land or alienable and
disposable land
 Alienable and disposable land will always be
agricultural
 It is enough under Section 14 that the land is
declared alienable and disposable at the time of
its filing of the application for registration of title
of land
30-year period of possession and occupation
 CA 141: basis of registration is “possession” and
automatically converts the property to alienable
and disposable
 PD 1529: basis for registration is “prescription”
o Not automatic
o Needs declaration that it is patrimonial
o Needs a declaration that it is alienable and
disposable
Page 4 of 10
  CA 141: mere possession of land since “June 12,
1945 or earlier” converts the land into private by
operation of law
o Needs to be agricultural land
 PD 1529: period of possession starts from the
time the alienable and disposable land is
declared patrimonial
Steps in Ordinary Registration:
1. Survey of the land
2. Filing of application
3. Setting of the date of initial hearing of the
application by the court
4. Transmittal of application and order of the date
of the initial hearing with all the documents
attached to the LRA
5. Publication
6. Mailing and posting of the notice of initial
hearing
7. Opposition
8. Issuance of Order of Default
9. Hearing and Default
10. Issuance of the court for LRA to issue a Decree of
Registration and corresponding certificates of
title and transmittal
11. Issuance of decree of registration
12. Issuance of Original Certificate of title
13. Sending of the owner’s certificate of title to the
RD
14. Entry of the owner’s certificate of title in the
registration book of the respective RD
Who may apply? (Sec. 14, PRD)
1. Those who, by themselves or through their
predecessors-in-interest have been in OCEN of A
& D lands under bonafide claim of ownership
since June 14,1945 or earlier
 Predecessors-in-interest earlier occupants in
OCEN
 Must be in the concept of an owner
2. Those who have acquired ownership of private
lands by prescription under the provisions of
existing lands
3. Those who have acquired ownership of land by
accession or accretion
4. Acquired property in any other manner provided
by law
Republic v. Malabanan
 Without satisfying………. the land cannot be
considered ipso jure converted to private
property even upon the subsequent
declaration of it as alienable and disposable
Basic Requirements:
1. Filipino citizen
2. Land must be agricultural (Sec. 2, Article XII)
3. Land must be alienable and disposable
4. OCENCO
5. Since June 12, 1945 or earlier
Except: only Filipino citizens may acquire lands
of the public domain
a. Filipino citizens
b. Filipino corporations and associations
(Sec. 2, Article XII)
c. Aliens, but only by virtue of hereditary
succession
©J. Quiaño Notes
d. Natural-born citizens of the Philippines
who lost citizenship can both “acquire”
and hold lands of public domain.
Limitation being up to maximum of 5,000
sq. m (urban land) or 3 ha. (rural land)
 By virtue of RA 8179
 Combined properties of couple
 Not exceed from the maximum lot
fixed
 Intention: chance to acquire for the
Filipinos in case they want to come
back
 If already owns, may still be
transferred but not exceed the limit
 If availed the urban land, can no
longer acquire rural land (vice versa)
Time to determine whether or not a person
acquiring the land is qualified is the time to
register its ownership:
 Filipino Corporations in acquiring lands of Public
Domain
o Can only hold patrimonial property
through lease
o 25 years not more than 25 years renewable
o Must not exceed 1,000 hectares in area;
1,024 hectares: agricultural land
o Exceptions: if the land has been previously
acquired by a natural person and
subsequently transferred to a juridical
entity
o General Rule: Aliens are prohibited from
acquiring lands of public domain or hold
title
- Aliens may lease private lands
o Exceptions: Aliens can buy condominium
units or stocks up to no more than 40% of
the Filipino Corporations (RA 4726, Sec.
5)
- Unit owner: not actually owner nut a
shareholder of condominium
corporation
Effect of RA 9225 (Dual Citizenship Act):
 As if you did not let go of Filipino Citizenship
 Every right to acquire ownership because you are
considered Filipino citizen
Acquisition of Private land through prescription
- Civil Code provisions on prescription
- Article 113, NCC
- General Rule: Properties of the Public Domain
cannot be acquired by prescription
- Exception: Patrimonial Property of the State
includes lands that are classified as alienable
public lands provided there is OCENCO
Kinds of Prescription:
1. Article 1137: Extraordinary Prescription
uninterrupted, adverse, possession for 30 years
2. Article 1134: Ordinary Acquisitive Prescription
- Possession in good faith with just title
“Good Faith”
- If the possessor has reasonable belief that the
person or his predecessors-in-interest was the
Page 5 of 10
 owner of the said property and could transmit his
ownership
- A reasonable prudent man to believe
“Just Title”
- Adverse claimant came into possession of property
through one of the modes of acquiring ownership
or other real rights but the grantor was not the
owner or could not transmit any right
Concept of possession for purposes of
possession
- Actual possession of land consists of the
manifestations of acts of dominion over it of such a
nature as a party would naturally exercise over his
own property
- General Rule: possession and cultivation of a
portion of a tract of land under a claim of
ownership of all is a constructive possession of all,
if the remainder is not in the adverse possession of
another
Computation of Prescription (Art. 1138)
 Present possessor may complete the period
necessary for the prescription by tacking his
possession to that of his grantor or predecessors-
in-interest
 It is presumed that the present possessor, who was
also possessor at a previous time, has continued to
be in possession during the intervening time,
unless there is proof to the contrary
 The first day shall be excluded and the last day
shall be included
Acquisition of private land through accession or
accretion
 Accretion
- Slow, imprescriptible, gradual
accumulation 0f soil deposits that the law
grants to the riparian owner
- Accretion to one’s land coming from
another’s land which is titles is still within
the scope of Article 457 and is still owned
by the owner
- Requisites:
1. Deposit must be gradual and
imperceptible
2. Due to the current of the water
3. Land where the accretion takes
place is adjacent to the banks of
river
4. It is done by exclusive work of
nature
 Islands formed on non-navigable and
non-floatable rivers belong to the owners
of the banks nearest to each of them or
to both owners if the island is in the
middle of the river
 If the island is found on lakes and
navigable rivers, it belongs to the state
 The owner of the land cannot stop the
riparian owner to register his accretion
 Accretion is subject to application
©J. Quiaño Notes
Article 461, Civil Code
- Change in the course of the water
- Owner shall be that whose land was decreased for
the area corresponding to area lost
- If increased: Entitle to the option to purchase the
dried up area
- Requisites:
1. Change must be sudden in order that the
old river may be identified;
2. Change of course must be more or less
permanent not temporary overflowing of
the river
3. Change of the course of river must be a
natural one
4. There is a definite abandonment of the
government
5. River must continue to exist
Acquisition of private land through other modes:
 Ceded and transferred in favor of the grantee
 If the land is owned in common, all co-owners
shall file the application jointly
o Can apply separately but only as his
proportionate share or part
Judicial Confirmation of an imperfect or
incomplete title (Sec. 48, PD 1529)
- No negligence or default
Non-resident applicants
- Needs a Special Power of Attorney
- When applicant moves or dies, Motion for
substitution to substitute him
Pacto de Retro Sale
- Vendor-a-retro has the right to repurchase
- Regular transfer after the proceedings
Trusteeship
- With express agreement for registration
- If the instrument creating the trust prohibits: then
it cannot be registered
CA 141: Patents granted by law
- Homestead, Town site and free patents
PD 1529: Judicial proceedings
- Other modes of acquiring ownership
General Rule: Go to court
Exception: When administrative proceedings are all
STEPS IN ORDINARY REGISTRATION
PROCEEDINGS
1. Survey
- Jurisdictional and mandatory requirement
- Conducted by: Surveyor of the Bureau of Lands,
DENR or other Accredited surveyor
- Approved by the Bureau of Lands
- If the Director does not approve, the
application will be dismissed; thefore no
probative value
- Sets forth the metes and bounds of the
property, technical description, boundaries,
and land area
Page 6 of 10
 Survey Plan
 Serves to establish the true identity of the land
to ensure that it does not overlap a parcel of
land or a portion belonging to another and
forestall the possibility that it will be
overlapped by a subsequent registration
 Plots what the land looks like and the certain
points to give the land shape
 Determines how big the land is
Kinds:
 Relocation Survey: A kind of survey where it
was already surveyed previously. The survey is
only for confirmation
 Actual Survey: A kind of survey conducted
based on the description of the person
2. Filing of the application
 Form (Section 15, PRD)
a. In writing
b. Signed by the applicant or person duly
authorized in his behalf
c. Sworn to before any officer authorized to
administer oath in the place where the
application was actually signed, with
verification and Certificate against
forum shopping
 Contents:
a. Description of the land
b. Statement of citizenship and civil status
of the applicant
c. If married, state the name of the spouse.
If marriage has been legally dissolved,
then indicate when and how the relation
was terminated
d. Statement of the full names and
addresses of all occupants of the land
and those of the adjoining owners, if
known. If not, shall state the extent of
the search mode to find them
 To give notice
 To show good faith
 Covered by posting and publication
Attach the survey plan in the muniments of
title (Evidence of claim of ownership)
 Muniments of Title
- Instruments or written evidence which
the applicant holds or possesses to enable
him to substantiate or prove title to his
estate
If the land is situated between boundaries of
two provinces
 Boundaries are not defined: Application
must be filed in the RTC of the place where the
land is declared for tax purposes
 Boundaries are defined: A separate plan for
each portion shall be made by the surveyor and
a separate application for each lot must be filed
in the corresponding RTC of each jurisdiction
Amendments to the application
 Permitted if with sufficient and just cause
 Includes rejoinders, substitution, or
discontinuance as to parties may be allowed by
the court at any stage of the proceedings upon
just and reasonable terms
©J. Quiaño Notes
 Substantial changes in the boundaries or an
increase in the land applied for or which involve
the inclusion of an additional land: Application
must be published again; notice to be given
again as in the original application (To bind the
whole world)
 They are not bound by the new form, size,
shape and boundary
 Failure: The court has no jurisdiction over the
new res
 Part not published: Null and Void
3. Setting the date for initial hearing
 Not earlier than 45 days and not later than 90
days from the issue of notice
 Notice of Initial Hearing:
o To inform the public that there is an
application for registration and be heard
at this date and time
o Marking of jurisdictional requirements
o To give the court full jurisdiction
o The court reads out loud to give others
opportunity to forward their objections
 By means of:
a. Publication
b. Mailing
c. Posting
4. Transmittal of the application and order
setting the date of the initial hearing with all
the documents attached thereto by the Clerk
of Court to the LRA
5. Publication
 Three Mandatory Notices:
a. Publication
b. Mailing
c. Posting
 Publication: upon receipt of the order of the
court setting the time for the initial hearing,
Commissioner of Land Registration shall cause
the notice of the initial hearing to be published
once in the Official Gazette and once in a
newspaper of general circulation
 Publication in the Official Gazette shall be
sufficient to confer jurisdiction upon the court
 Jurisdictional requirement: publication in a
newspaper of general circulation shall be
MANDATORY to acquire jurisdiction
 Notice shall be addressed to all persons
appearing to have an interest in the land
including adjoining land owners and “to all
whom it may concern”
 Said notice shall also require all persons
concerned to appear in court at a certain date
and time to show cause why the prayer of said
application shall not be granted
 Amendment involves a reduction of the original
area published, no new publication is required
(No change in the boundary; No change in the
shape)
Purposes:
a. To confer jurisdiction upon the court over
the res
b. To apprise the whole world of the pending
registration case so that they may assert
their rights or interests over the land, if any,
Page 7 of 10
 including opposition to the said registration
case
6. Mailing and Posting
 Mailing
- Name of occupants of the land
- Adjacent land owner
- Probable Interested parties
- Within 7 days after publication
- Issued by the Secretary Public Highways or
Mayor
 Posting
- Duly attested
- By the Sheriff or Deputy Sheriff of the
province and city where the application is
pending
- Posted in a conspicuous place
- Posted in a Bulletin Board of the Municipal
Hall where the public has an access
- For at least 14 days before the date of
judicial hearing
 Without Mailing and Posting: No
Hearing
 The Court will acquire jurisdiction over
the res
Service of Notice by Sheriff
- To the contiguous owners
- Occupants
- Those who have interest over the property
- Done personally by the Sheriff
- With return of service by Sheriff
Proof of publication and notice
- LRA: Certificate that the notice of initial
hearing has been published
- Sheriff: Certify that notice has been posted and
mailed
- Filed in court prior to Initial Hearing
- The court will then acquire jurisdiction
Initial Hearing
- To mark jurisdictional requirements
- To read the application out loud for the public
to be notified again so that those with interest
may object
Jurisdictional Requirements:
a. Copy of the Official Gazette containing the
notice
b. Affidavit of Publication by the editor of the
Official Gazette
c. Clipping of the notice as pointed in the
newspaper
d. Affidavit of publication by the editor of
newspaper
e. Certificate by the LRA Administrator that
notice has been published and mailed
f. Certificate of Posting by the Sheriff
Before marking, it shall be read out loud and
ask if there are those who interpose objection
7. Opposition
- Must be present during the initial hearing.
Otherwise, no chance to interpose objection
- Exception: If you have filed opposition or
answer prior to the initial hearing
- Written Contents of the Opposition:
©J. Quiaño Notes
a. Basis or grounds by which the person
applying be denied of his prayer of
application
b. All Objections
c. Establish the interest over the land
 Signed and sworn by oppositor or any
person in his representation
 Verified
Problem:
1,000 sq. m (property sought to be registered),
only 200 sq. m thereof is opposed for having no
delineation.
Remedy:
 There should be submission of survey and
subdivision plan
 Court to order joint survey before subdivision
plan is prepared; approved by the Director of
Lands
Role of the Rules of Court in land registration
proceeding:
Suppletory in character; whatever is lacking in
the procedure and proceedings refer to the Rules of
Court
No Opposition/Did not appear in Initial Hearing
 Be declared in default = No legal standing
 Does this hold true to the State?
NO. The right of the State to question does not
prescribe
o Not bound by default or Estoppel
o Does not waive its right
 Does this mean that it is automatic to grant the
application if without opposition?
NO. It is a burden of proof of the applicant to
substantiate his claim that he has incomplete
title
8. Order of General Default
 “To all whom it may concern”
 Applicant must present evidence
 Binding to the whole world
 No opposition, No Appearance
 If there is opposition, appearance or
both:
The Court will issue a Special Default
 When there was a written opposition,
someone appeared or both
 To bind those who did not oppose or
appear
 All except those who opposed
 The government, even if it failed to file an
opposition is not bound by default and
not fatal
 Movant: Intervenor-Oppositor
 Order of default is binding
 Remedy to participate:
a. File Motion to Life Order of Default
b. No Lifting: cannot actively
participate
c. Before entry of final judgment
 When to issue:
a. When no person objects
b. When they fail to appear
 Binds the whole world
Page 8 of 10
 9. Hearing
Kinds of Judgment:
a. Confirming title
b. Dismissing the Application
- Can be done motu proprio by the
Court by the following grounds:
 No Survey
 The survey was dismissed
 Lack of Jurisdiction
(below 100,000: MTC;
100,000 and above: RTC)
 Valid Opposition
c. Partial judgment, provided that the
subdivision plan approved by the
LMB submitted showing the
contested and the uncontested
portions
d. Conditional judgment
- There is a condition precedent like
submission of an amended plan
If the land is partly alienable & partly
inalienable:
 Portion which is alienable: Granted
 Portion which is inalienable: Not Granted
 Considered as partial judgment
Finality of Decision:
 Within 1 year: Right to contest or attack on
the basis of Fraud
 After one year, title becomes indefeasible
and incontrovertible
10. Issuance of the court for the LRA to issue a
Decree of Registration
 Decree of Registration issued by the LRA
and the Certificate of Title
 Clerk of Court shall prepare the Order for
the issuance of Decree as soon as the
decision becomes final
 No need for Motion for Execution for the
issuance of the Decree and COT
11. Issuance by the LRA of Decree of
Registration and Entry of Decree in the
record book
 Decree of Registration: basis and almost
the replica of the OCT issued by the LRA
o Contents:
1. Date, Hour, Minute of Entry and
signed by the administrator
2. Civil Status
3. Description of the land as finally
determined by the Court
4. Name of the owner
5. Annotations as to liens or
encumbrances if any
12. Issuance of the OCT
 In Duplicate Form: 1 for the RD where the
land is situated; 1 for the owner
13. Sending of the owner’s COT to the RD
 For safe-keeping purposes
©J. Quiaño Notes
14. Entry of the owner’s certificate of title in
the registration book of the respective RD
ATTRIBUTES/LIMITATIONS OF THE
CERTIFICATE OF TITLE
 COT: Transcript of the Decree of
Registration; Tangible proof of ownership
 In one document, a precise and correct
statement of the exact status of the property
which an owner possesses
 Conclusive as to:
o Identity of the land
o Location
o Registered owner
1. Merely confirms as existing title
- Does not confer ownership
- Merely a proof of ownership
- Mere possession is not conclusive as to the
holder’s true ownership
- Does not give any person any better title than
what he lawfully has
2. Presumed valid and devoid of flaws
- Presumption: It went through rigorous trial
- Public was given chance to oppose
- Devoid of flaws: Mirror Doctrine
- Person contesting has the burden of proof
that the COT is actually invalid
3. Free from liens and encumbrances, with
certain exceptions
- Section 44, PRD
- Exception: any lien annotated at the back of
the title for the protection of the seller and
buyer that whatever is not written, such does
not exist
o Exception: Statutory Liens
 even if not written, still exists
 liens, claims, rights existing under
the law or the Constitution
 Unpaid real taxes
4. Incontrovertible and Indefeasible
- 1 year hold-over period
- Section 32, PRD: not to reopen, review, or
revise on the ground of absence, minority, or
disability of a party
o The public was given ample time and
opportunity to get remedy
o To give the owner peace of mind
o It quiets title
o Without it, it will be a never ending cycle
o Defeats the purpose of Land
Registration
o Gives the owner the right to enjoy
property in the exclusion of others
- Exceptions:
o Actual Fraud
o Misrepresentation
o Falsification
- Petition for Reopening/Review shall not be
later than 1 year from the date of the issuance
of the Decree
- If there are Innocent purchasers for good
faith for value: Petition shall not be
entertained
Page 9 of 10
 5. Not subject to collateral attack
- Section 48, PRD: A certificate of title shall not
be subject to collateral attack. It cannot be
altered, modified, or canceled except in a direct
proceeding in accordance with law
- Direct Attack: object is to annul/set aside
judgment and enjoin its enforcement
- Indirect/Collateral Attack: object is to
obtain a different relief (De Guzman v.
Agbagala)
- Such action to attack a certificate of title may be
an original action or a counterclaim, in which a
certificate of title is assailed as void. (Firaza v.
Ugay)

6. Imprescriptible
- Section 47, PRD: No title to registered land in
derogation of the title of the registered owner
shall be acquired by prescription or adverse
possession.

7. General Incidents of Registered Land

- Section 46, PRD: Registered land shall be
subject to such burdens and incidents as may
arise by operation of law. Nothing contained in
this decree shall in any way be construed to
relieve registered land or the owners thereof
from any rights incident to the relation of
husband and wife, landlord and tenant, or from
liability to attachment or levy on execution, or
from liability to any lien of any description
established by law on the land and the buildings
thereon, or on the interest of the owner in such
land or buildings, or to change the laws of
descent, or the rights of partition between co-
owners, or the right to take the same by
eminent domain, or to relieve such land from
liability to be recovered by an assignee in
insolvency or trustee in bankcruptcy under the
laws relative to preferences, or to change or
affect in any way other rights or liabilities
created by law and applicable to unregistered
land, except as otherwise provided in this
Decree.

©J. Quiaño Notes Page 10 of 10