LAMBDA RHO BETA FRATERNITY NOTES IN LAND TITLE AND DEEDS UNDER ATTY.

RODOLFO SABIO

Introduction: Definitions: Sec. 1-3, PD 1529 1. Land Titles- evidence of right of owner or extent of his interest by which means he can maintain control and as a rule assert right to excusive possession and enjoyment of property. 2. Deeds- instrument in writing which any real estate or interest therein is created, alienated, mortgaged, or assigned or by which title to any real estate may be affected in law or equity

Section 3. Status of other pre-existing land registration system. The system of registration under the Spanish Mortgage Law is hereby discontinued and all lands recorded under said system which are not yet covered by Torrens title shall be considered as unregistered lands. Hereafter, all instruments affecting lands originally registered under the Spanish Mortgage Law may be recorded under Section 113 of this Decree, until the land shall have been brought under the operation of the Torrens system.

TORRENS SYSTEM AND PURPOSE

Torrens System of Registration- a system of registration of land which aims to establish and certify to the ownership of an absolute and indefeasible title to reality and to simplify its transfer. Case: Republic vs Umali, 171 SCRA 642; Grey Alba vs Dela Cruz, 17 SCRA 49\ 1. The nature of land registration proceedings: Section 2. Nature of registration proceedings; jurisdiction of courts. 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. Courts of First Instance (RTC) shall have exclusive jurisdiction over all applications for original registration of title to lands, including improvements and interests therein, and over all petitions filed after original registration of title, with power to hear and determine all questions arising upon such applications or petitions. The court through its clerk of court shall furnish the Land Registration Commission with two certified copies of all pleadings,

exhibits, orders, and decisions filed or issued in applications or petitions for land registration, with the exception of stenographic notes, within five days from the filing or issuance thereof. 2. The Governing Laws- PD 1529, CA 141, Cadastral Act 2259, and other pertinent laws and provisions of the 1987 Constitution, Condominium Law, Indegenous Peoples Right Act, Agrarian Reform Law.

ADMINISTRATION OF TORRENS SYSTEM (Sec. 4- 13) 1. General Functions of Register of deeds: Section 10. General functions of Registers of Deeds. The office of the 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. It shall be the duty of the Register of Deeds to immediately register an instrument presented for registration dealing with real or personal property which complies with all the requisites for registration. He shall see to it that said instrument bears the proper documentary and science stamps and that the same are properly canceled. If the instrument is not registerable, he shall forthwith deny registration thereof and inform the presentor of such denial in writing, stating the ground or reason therefor, and advising him of his right to appeal by consulta in accordance with Section 117 of this Decree. 2. Ministerial Character of duty to register instrument: It shall be the duty of the Register of Deeds to immediately register an instrument presented for registration dealing with real or personal property which complies with all the requisites for registration. He shall see to it that said instrument bears the proper documentary and science stamps and that the same are properly canceled. (Sec. 10 PD1529) Sec. 10 in relation to sec. 117 the supreme court held that the function of the Register of Deeds with reference to the registration of deeds, encumbrances, instruments and the like are ministerial in natire. It is enough that in his opinion the instrument is registrable for him to register it and, tha act being also an administrative act does not contemplate notice to and hearing interested parties. The Register of Deeds is entirely precluded by section 10 from exercising his personal judgement and discretion when confronted with the problem of whether to register a deed or instrument on the ground that it is invalid. The determination of whether the document is valid or not is a function that belongs properly to the courts 3. When Register of Deeds may deny registration of voluntary instruments;

a. When there are more than one copy of the owners duplicate certificate of title and not all such copies are presented to the Register of Deeds b. Where the voluntary instrument bears on its face an infirmity. eg. When it is conjugal in character. c. Where the validity of the instrument sought to be registered is in issue pending a court suit. The registration may be suspended to await the final outcome of the case. d. The Register of Deeds may also refuse to register a private document since section 112 provides that deeds of conveyances affecting lands should verified and acknowledge before a notary public. ORIGINAL REGISTRATION UNDER PD 1529;(Sections 14- 23 ) A. Requisites in ordinary land registration proceedings 1.Survey of land by Bureau of lands or duly licensed private surveyor 2.Filing of application for registration by applicant 3.Setting of date of initial hearing of application by RTC 4.Clerk of court to transmit to Land Registration Authority the application, date of initial hearing & other pertinent docs 5.Publication of notice of filing of application, date & place of hearing in OG and in newspaper of general circulation 6.Service of notice contiguous owners, occupants & those who have interest in property 7.Filing of answer or opposition to application 8.Hearing of case by RTC 9.Promulgation of judgment by court 10.Issuance of decree by RTC decision; Instruct land registration authority to issue decree of confirmation & registration 11.Entry of decree of registration in Land Titles Administration 12.Send copy of decree to Register of Deeds 13.Transcription of decree of registration in registration book & issuance of the owners duplicate original certificate of title of the applicant by the Land registration Authority upon payment of prescribed fees B. Who can apply an application for registration of lands.

1.Those in open, continuous, exclusive, notorious possession of patrimonial property of state under bona fide claim of ownership since June 12, 1945 or earlier

2.Those who acquired ownership of private land by prescription 3.Those who acquired ownership of private lands by right of accretion 4.Those who acquired ownership in any manner provided for by law Where the land is owned in common, all the co- owners shall file the application jointly Where the land has been sold under pacto de retro sale, 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.. A trustee may on behalf of the principal apply for original registration of any land held by him, unless prohibited by the instrument creating the trust.

LIMITATION TO OWNERSHIP OF LAND BY CORPORATION:

1.PRIVATE LANDS a.At least 60% Filipino to acquire private land b.Restricted as to extent reasonably necessary to enable it to carry out purpose which it was created c.If engaged in agricultural restricted to 1,024 ha.

2.PATRIMONIAL PROPERTY OF STATE a.Lease for 25 years renewable b.Limited to 1,000 ha. c.Apply to both Filipinos & foreign cos.

C, Who may not apply?

1. A public land sales applicant is not a proper party to file for registration of the same land covered by his sales application. 2. A mortgagee, or his successor in interest to the mortgage, cannot apply.

3. An antichretic creditor 4. A person or entity whose claim of ownership to the had been previously denied in reinvindicatory action.

D. FORMS AND CONTENTS OF APPLICATION

1.In writing & signed by applicant or person duly authorized 2.Description of land 3.Citizenship 4.Civil status 5.Full names & address of occupants & adjoining owners

WHAT TO ACCOMPANY APPLICATION: 1.Tracing cloth plan duly approved by the Director of Lands 2.3 copies of technical descriptions 3.3 copies of surveyors certificate 4.All original muniments of title 5.4 copies of certificate by city/provincial treasurer of assessed value of land AMENDMENTS ALLOWED & NOT ALLOWED

1.Substantial change in boundaries or increase in area - new technical description necessary need new publication & notice 2.Substitution of name of new owner file motion with court 3.Decrease the area file motion in court

MUNIMENT OF TITLE instruments or written evidences which applicant hold or posses to enable him to substantiate & prove title to his estate

TRANSACTION TOOK PLACE BEFORE ISSUANCE OF DECREE:

1.Record instrument in Register of Deeds in same manner as if no application was made 2.Present instrument to RTC, motion praying that same be considered in relation to the pending application

TRANSACTION TOOK PLACE AFTER ISSUANCE OF DECREE: Register directly with REGISTER OF DEEDS for purpose of canceling such title & issuing a TCT

E. WHERE TO FILE According to the decree the application for land registration shall be filed with the Regional Trial Court of the province or city where the land is situated

F. AMENDMENTS TO APPLICATION AND NEEDED PUBLICATION Section 19. Amendments. Amendments to the application including joinder, substitution, or discontinuance as to parties may be allowed by the court at any stage of the proceedings upon just and reasonable terms. Amendments which shall consist in a substantial change in the boundaries or an increase in area of the land applied for or which involve the inclusion of an additional land shall be subject to the same requirements of publication and notice as in an original application. NOTICE IN CONSPICUOUS PLACE IN LAND & BULLETIN BOARD OF MUNICIPALITY 14 days before hearing TO WHOM NOTICE MUST BE SENT: 1.City/municipal mayor & provincial governor 2.Department of Agrarian Reform, Solicitor General & Director of Lands , Director of Fisheries, Director of Mines 3.Adjoining owners & those who have rights or interest thereto

REQUISITES OF OPPOSITION: 1.Set forth objections to the application 2.State interest claimed by oppositor

GENERAL DEFAULT If no person appears and answers within time prescribed

SPECIAL DEFAULT Party appears at initial hearing without having filed an answer and ask court for time to file answer but failed to do so within period allowed G. HEARING, JUDGEMENT, DECREE OF REGISTRATION.

HEARING within 7 days after publication in OG 25 90 days from date of order

WHO CONDUCTS HEARING: 1.RTC 2.Refer to referee commissioner

DECREE issued by land registration authority containing technical description of land; issued after finality of judgment1.Decrees dismissing application2.Decrees of confirmation and registration Final after 1 year after decree Unless there in innocent purchaser for value Subject only to appeal Once final, cannot be subject to attack, deemed conclusive against the world3.Put end to litigation4.Purpose of Torrens system is protected

Amendment after 1 year is allowed creation or extinguishment of new rights; inclusion of new owners not allowed

JUDGMENT decision of court constituting its opinion after taking into consideration the evidence submitted

JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE 1. Nature of the proceeding Proceeding is against the whole world, a judicial proceeding a decree of registration issued is conclusive and final

2. Applicants; what must they prove

a. Filipino citizens who by themselves of through their predecessors in interest have been in open, continuous , exclusive and notorious possession and occupation of agricultural lands of the public domain, under a bonafide claim of acquisition of ownership, for atleast 30 years or atleat since January 24, 1947, over even since time immemorial.

b. Filipino citizens who by themselves of through their predecessors in interest have been prior to the effectivity of PD 1073 on January 25, 1977, in open, continuous , exclusive and notorious possession and occupation of agricultural lands of the public domain, under a bonafide claim of acquisition of ownership, for atleast 30 years or atleat since January 24, 1947,

c. Private corporations or associations which had acquired lands formerly part of alienable and disposable lands of the public domain from Filipino citizens who have possessed the same in the manner and for length of time indicated in the above paragraphs.

The applicant must prove that;

1. The land is alienable and disposable land of the public domain 2. That he is in possession thereof been in open, continuous , exclusive and notorious possession and occupation of agricultural lands of the public domain, under a bonafide claim of acquisition of ownership, for atleast 30 years or atleat since January 24, 1947, over even since time immemorial. To prove the land to be alienable he must secure a certification from the government that the lands which he claims are alienable and disposable. It is the burden of the applicant to prove his positive averments.

3. Effect of compliance with the requirements; The possessor is deemed to have acquired by operation of law, a right to a grant, a government grant, without necessity of a certificate of title being issued. The application for confirmation is then a mere formality, the lack of which does not affect the sufficiency of the title as would be evidenced by the patent and the corresponding torrens title issued pursuant to such patent.

4. Forms of the application The applicant should state in his application the material facts and informations required in section 15 of PD 1529: The application for land registration shall be in writing, signed by the application or the person duly authorized in his behalf, and sworn to before any officer authorized to administer oaths for the province or city where the application was actually signed. If there is more than one applicant, the application shall be signed and sworn to by and in behalf of each. The application shall contain a description of the land and shall state 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 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 made to find them. Last extension granted by Government was until December 31, 1987 Right made available to person qualified to acquire alienable and disposable public land thru open, continuous, exclusive, notorious (OCEN) possession under bonafide claim of ownership since June 12, 1945.

A .Prior to transfer of sovereignty from Spain to US, have applied for purchase but did not receive title, without default on their part provided they have occupied since their application B .In OCEN possession since June 12, 1945 or earlier c. Members of cultural minorities in OCEN who has claim of ownership for at least 30 years

MAX LAND THAT CAN BE APPLIED: 144 hectares In case of foreigner, sufficient that he is already Filipino citizen at the time of his application Corporation who has less 60% Filipino ownership cannot apply confirmation of imperfect title; can only lease

PERSONS COMPETENT TO QUESTION LAND GRANT Persons who obtained title from State or thru persons who obtained title from State

NON- REGISTRABLE PROPERTIES Article 419- 424 of the Civil Code Art. 420. The following things are property of public dominion: (1) 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; (2) 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. (339a) Art. 421. All other property of the State, which is not of the character stated in the preceding article, is patrimonial property. (340a) Art. 502. The following are of public dominion: (1) Rivers and their natural beds; (2) Continuous or intermittent waters of springs and brooks running in their natural beds and the beds themselves; (3) Waters rising continuously or intermittently on lands of public dominion;

(4) Lakes and lagoons formed by Nature on public lands, and their beds; (5) Rain waters running through ravines or sand beds, which are also of public dominion; (6) Subterranean waters on public lands; (7) Waters found within the zone of operation of public works, even if constructed by a contractor; (8) Waters rising continuously or intermittently on lands belonging to private persons, to the State, to a province, or to a city or a municipality from the moment they leave such lands; (9) The waste waters of fountains, sewers and public establishments.(407)

CLASSIFICATION OF LAND OF PUBLIC DOMAIN: Classification is exclusive prerogative of executive & not by judiciary Anyone who applies for confirmation of imperfect title has burden of proof to overcome the presumption that the land sought to be registered forms part of public domain (Regalian doctrine)

UNDER THE CONSTITUTION: 1.Agricultural only one subject to alienation 2.Forest or timber 3.Mineral lands 4.National park

UNDER THE PUBLIC LAND ACT: 1.Alienable/disposablea.Agriculturalb.Residential, commercial, industrialc.Educational, charitabled.Town sites and for public and quasi-public uses 2.Timber lands - inalienable3.Mineral lands inalienable If patent or title is issued void ab initio for lack of jurisdiction Not subject to acquisitive prescription; even if in possession for long time, will not ripen into ownership

Except: mineral lands and forest lands acquired before inauguration of Commonwealth in November 15, 1935; vested rights which are protected FISHPONDS Before: included in definition of agriculture, conversion of agricultural land to fishponds does not change character of land Now: restricted meaning; fishponds has distinct category; cannot be alienated but may be leased from government.

DIRECTOR OF LANDS Quasi-judicial officer Findings of fact conclusive on higher court with absence of fraud, mistake other than error of judgment; but not with regards to finding of law Empowered to alienate and dispose lands

MODES OF ALIENATING PUBLIC LANDS: 1.Homestead settlement 2.Sale 3.Confirmation of imperfect or incomplete title a.Judicial legalization b.Administrative legalization Lease not included since lease does not transfer ownership; free-title grant: free distribution of public lands to encourage people to cultivate; government furnishes the applicant with tolls plus cash allowance to enable him to cultivate

CADASTRAL REGISTRATION PROCEEDINGS (SEC. 35- 38, PD 1529) 1. Nature of cadastral proceeding: A cadastral proceeding is one in rem and against everybody. The judgment therein is binding on the whole world. The decisions therefore precludes parties from re- litigating the same issues already determined by final judgment. The proceeding is also INVOLUNTARY in the sense that in the filing of the petition for registration is by the government not by the persons claiming the ownership thereof, and

the latter are on pain of losing their claim thereto in effect compelled them to go to court to make known their claim or interest therein, and to substantiate such claim or interest. The objective of the proceeding, like that of the ordinary land registration proceeding, is the adjudication of title to lands involved.

2. Requirements of the petition: Any person claiming interest in any part of lands subject to petition is required to file answer Answer must give the ff details: a.Age of claimant b.Cadastral number of lot claimed c.Name of barrio or municipality where lot is located d.Name of owners of adjoining lots e.If in possession & without grant no of years in possession f.If not in possession state interest claimed g.If assessed of taxation assessed value h.Any encumbrances affecting said lots

3. Procedures- filing of the petition to judgment and issuance of decree. 1.CADASTRAL SURVEY In opinion of Phil president pursuant to requirement of public interest, title of land within a specified area needs to be settled and adjudicated Order Director of Lands to make survey and plan Director gives notice to persons claiming interest in lands & to gen public of day of survey published in OG and posted in conspicuous place on lands to be surveyed Geodetic engineers commences survey During survey, boundaries are marked by monuments 2.FILING OF PETITION

After survey and plot been made, Director represented by Sol Gen institutes cadastral p roceeding by filing petition in court against holders, claimants, possessors, occupants Parcel of lots given their cadastral numbers 3.PUBLICATION OF NOTICE OF HEARING Court to order date of hearing LRA to notify public by publishing notice 1x in OG and 1x in newspaper of general circulation & copy mailed to person whose address is known & other copies posted in conspicuous place designated bylaw 4.FILING OF ANSWER Any person claiming interest in any part of lands subject to petition is required to file answer Answer must give the ff details: a.Age of claimant b.Cadastral number of lot claimed c.Name of barrio or municipality where lot is located d.Name of owners of adjoining lots e.If in possession & without grant no of years in possession f.If not in possession state interest claimed g.If assessed of taxation assessed value h.Any encumbrances affecting said lots 5.HEARING OF CASE In any convenient place where land lies Like an ordinary RTC trial Conflicting claims are determined Lots claimed are awarded to persons entitles if they could prove title If none could prove title land is declared public domain 6.DECISION Claimants are notified of decision7.ISSUANCE OF DECREE AND CERTIFICATE OF TITLE

Upon order of court, LRA to enter decree of registration Decree made basis for issuance of OCT Decree are now being directly prepared and issued on regulation forms of such certificate
CADASTRAL PROCEEDING COMPARED TO ORDINARY REGISTRATION

CADASTRAL Party Initiating Subject Matter Ownership Government Private and Public Government does not assert ownership Interested only in settlement of titles Survey Government undertakes survey and advances expenses As to risk In absence of successful claimant, property goes to government

ORDINARY Private Individual Private Lands Ownership is asserted

On account of Owner

Applicant has another chance to claim dismissal is without prejudice

WHEN CAN CADASTRAL PROCEEDINGS MAY BE OPENED 10 years up to Dec 31, 1968 Unable to file their claim even while in possession granted right to petition for reopening of proceedings provided such were not alienated, leased or disposed by government

CADASTRAL COURT DOES NOT AWARD DAMAGES, BUT MAY DIRECT SHERIFF TO DELIVER POSSESSION Provisions of land registration act applicable to cadastral proceedings

REMEDIES Section 32-34, PD 1529

1. New Trial; - must be brought within 15 days from notice of judgment a.Fraud, accident, mistake, excusable negligence which ordinary prudence could not have guarded b.Newly discovered evidence which could not be discovered & produced at trial, the evidence is material discovered after the trial, and could not have been produced at the trial even with the exercise of reasonable diligence. c.Evidence insufficient to justify decision, decision is against the law

2. Relief from judgment 60 days 6 months after entry of order; available to party to case, fraud, accident, mistake, excusable negligence (FAME); after judgment; person deprived of right is party to case

3. Appeal; must be brought 15 days from notice of judgment

4. Petition of review of judgment The petition must be filed not later than 1 year from and after the date of the entry of such decree of registration, BUT shall in no case the court shall entertain such petition where an INNOCENT PURCHASER FOR VALUE HAS ACQUIRED THE LAND OR AN INTEREST THEREIN, WHOSE RIGHTS MAYBE PREJUDICED.

5. Reconveyance of the property; -action in personam; available so long as property not passed yet to innocent purchaser for value; bad faith or with notice of defect

The basic rule is that after the lapse of one year (1yr) from the entry, a decree of registration is no longer open to review or attack even though the issuance thereof may have been attended by fraud and that the title is defective. The law nevertheless safeguard the rightful partys interest, allowing such party to bring an action for reconveyance. Which can be filed even before the issuance of the decree..

Grounds: Fraud- must be brought within four years from the discovery of fraud

Implied or constructive trust- prescribes in 10 years

Express trust- does not prescribes

Void contract- imprescriptible

6. Action for damages An action for damages is the proper remedy if no action has been brought after one year from the date of the decree and if reconveyance is not possible because the property has passed to an innocent purchaser for value and in good faith, such action prescribes in ten years from the issuance of the torrens title. a. Person is wrongfully deprived of his land by registration in name of another actual or constructive fraud b. No negligence on his part c .Barred/ precluded from bringing an action d. Action for compensation has not prescribed

7. Assurance Fund; An assurance fund is a special fund created by PD 1529 under the custody of the National treasurer, when proper a person who sustains loss or damage or is deprived of a land or any estate or interest therein, by reason of the operation of the torrens system. The action for recovery of damage from the assurance fund may be availed of in case of INSOLVENCT OF THE PARTY WHO PROCURED THE WRONGFUL REGISTRATION. Such action shall be instituted within six years from the time the right to bring the action first occurred, it shall be brought against the RD of the province where the land is situated and the National Treasurer, or with against any person who aid in such wrongful registration.

8. Cancellation of suits; SUITS INVOLVING DOUBLE TITLE When one title is held to be superior over the other, the latter should be declared null and void and ordered cancelled, even if not prayed. The general rule is that the certificate EARLIER IN DATE MUST PREVAIL as between the original parties, and in case of successive registration where more than one certificate is issued over the land, the person holding under the prior certificate is entitled to the land as against the person who relies on the second certificate. The principle of according to superiority to a certificate of the title earlier in date cannot however apply if it is established that the same was procured through fraud or is otherwise jurisdictionally fraud

SUITS INVOLVING NON REGISTRABLE PROPERTY; CANCELLATION FOR OTHER CAUSES -may be pursued through ordinary action

ANNULMENT OF JUDGEMENT

-available only where ordinary remedies of new trial, petition for relief or other appropriate remedies are no longer available, through no fault of the petitioner.

9. Quieting of Title Art. 476. Whenever there is a cloud on title to real property or any interest therein, by reason of any instrument, record, claim, encumbrance or proceeding which is apparently valid or effective but is in truth and in fact invalid, ineffective, voidable, or un enforceable, and may be prejudicial to said title, an action may be brought to remove such cloud or to quiet the title.

An action may also be brought to prevent a cloud from being cast upon title to real property or any interest therein. A complaint for quieting title is an ordinary civil remedy; characterized as quasi in rem; must be brought by the registered owner; imprescriptible if the property is in the possession of the plaintiff. 10. Reversal suits.(see discussion. Book of Aquino, p 154)

LAND PATENTS

Section 103. Certificates of title pursuant to 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. It shall be the duty of the official issuing the instrument of alienation, grant, patent or conveyance in behalf of the Government to cause such instrument to be filed with the Register of Deeds of the province or city where the land lies, and to be there registered like other deeds and conveyance, whereupon a certificate of title shall be entered as in other cases of registered land, and an owner's duplicate issued to the grantee. The deed, grant, patent or instrument of conveyance from the Government to the grantee shall not take effect as a conveyance or bind the land but shall operate only as a contract between the Government and the grantee and as evidence of authority to the Register of Deeds to make registration. It is the act of registration that shall be the operative act to affect and convey the land, and in all cases under this Decree, registration shall be made in the office of the Register of Deeds of the province or city where the land lies. The fees for registration shall be paid by the grantee. After due registration and issuance of the certificate of title, such land shall be deemed to be registered land to all intents and purposes under this Decree.

Kinds of Public land patents: Homestead Patent Issued to any citizen of the Philippines over the age of 18 or the head of the family who does not own more than 12 hectares of land or has not had a benefit of any gratuitous allotment of more than 12 hectares of land since the occupation of the Philippines by the US. And had complied with the residence and cultivation requirements of the law, have resided for at least one year in the municipality where the land is situated, and must have cultivated at least 1/5 of the land applied for. Free Patent Sec. 44,Public Land Act Any natural-born citizen of the Philippines who is not the owner of more than 12 hectares and who at least 30 years prior to the effect of this amendatory act, has continuously occupied and cultivated, either by himself or through his predecessors-in-interest, a tract or tracts of agricultural public lands subject to disposition, or who shall have paid the real estate tax thereon while same has not been occupied by any person shall be entitled, under the provisions of this chapter, to have a free patent issued to him for such tract or tracts of such land not to exceed 12 hectares.

The period for filing for free patents ends on December 31 2000, as provided in the amendatory act. The filing and processing of the application and the issuance of the free patent constitute the administrative mode of confirming the imperfect title.

Sales Patent Applicant must be a citizen of the Philippines atleast 18 years of age and is head of the family, may purchase public agricultural land of not more than 12 hectares. Private corporation are not qualified to purchase. The land applied for is sold in a public auction and is thereafter required to have atleast 1/5 of the land broken and cultivated within 5 years from the date of award a sales patent may only be issued after payment of the purchased price and shall have established his occupancy, cultivation and improvement of atleast 1/5 of the land. Agricultural lands, which are suitable for residential, commercial or industrial purposes not exceeding 12 hectares any also be sold to any citizen. Sale is also in a public auction. Republic Act 730, which took June 18, 1952, permits the sale without public auction for residential purposes to any citizen at least 18 years of age. Special Patent Also under the Public Land Act. In favor of non- Christian Filipinos and is also limited to 12 hectres. Conveyance is valid if able to read and can understand language where deed is written Otherwise, not valid unless approved by Commission on National Integration Safeguard is to protect them against fraud/deceit

All land patents must be registered since the conveyance of the land covered thereby is effective only upon registration and also to affect third parties. TITLE ISSUED PURSUANT TO REGISTRATION OF PATENT 1.Indefeasible when registered, deemed incorporated with Torrens system; 1 year after issuance of patent 2.May not be opened one year after entry by Land Registration Authority; otherwise, confusion, uncertainty & confusion on government system, of distribution of public lands may arise & this must be avoided Except: annullable on ground of fraud, may be reopened even after 1 year because registration does not shield bad faith

Court in exercise of equity jurisdiction may direct reconveyance even without ordering cancellation of title

4. Actions against improper or illegal issuance of patents REVERSION- the cancellation of the certificate of title and the consequential reversion of the land to the state. Instituted by the Solicitor General, action is not barred by prescription, laches and estoppels. CANCELLATION-if the land covered by the patent is a private land RECONVEYANCE SUITS- patent was acquired in breach of constructive or implied trust.

RECONSTITUTION OF TITLE, OTHER PETITIONS, ACTIONS AFTER ORIGINAL REGISTRATION

Manotok vs Heirs of Barque SUBSEQUENT REGISTRATION- VOLUNTARY DEALINGS SECTIONS 49- 59, PD 1529 Voluntary and involuntary registration- distinguished VOLUNTARY DEALINGS Need to present title to record the deed in registry & to make memorandum on title

INVOLUNTARY DEALINGS No presentation required; sufficient that annotation in entry book is sufficient

VOLUNTARY DEALINGS - VOLUNTARY DEALINGS WITH REGISTERED LANDOPERATIVE ACT registration by owner; deed not registered binding only between parties

PROCESS OF REGISTRATION:

1. File instrument creating or transferring interest and certificate of title with Register of Deeds a. Owners duplicate 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 2 .Register of Deeds shall make a memorandum on the certificate of title, signed by him

3 .Issue TCT

FORMAL REQUISITES OF A DEED 1.Full name 2.Nationality 3.Place of residence 4.Postal address of grantee or other persons acquiring or claiming interest 5.Civil status 6.Whether or not corporation 1.Register of Deeds to keep an entry book day book 2.Enter in order of reception all deeds & voluntary instruments, write & processes re land -Year, month, day, time, minute of reception of instrument; Registered from time of entry 3.Fees of 5 bucks per document to be paid within 15 days 4.Note memorandum & sign & issuance of certificate 5.Documents are numbered & indexed & indorsed with reference to certificate of title public records 6.Subject to reasonable regulation Cost borne by vendor

1. Rule on double sales Art. 1544. If the same thing should have been sold to different vendees, the ownership shall be transferred to the person who may have first taken possession thereof in good faith, if it should be movable property. Should it be immovable property, the ownership shall belong to the person acquiring it who in good faith first recorded it in the Registry of Property. Should there be no inscription, the ownership shall pertain to the person who in good faith was first in the possession; and, in the absence thereof, to the person who presents the oldest title, provided there is good faith

2. Amendments of certificate of title Campillo vs Court of Appeals

3. Mirror Principle- buyer need not go beyond the certificate of title Well settled is the rule that all persons dealing with property covered by torrens certificate of title are not required to go beyond what appears on the face of the title. When there is nothing on the certificate of title to indicate any cloud or vice in the ownership of the property, or any encumbrance thereon, the purchaser is not required to explore further than what the torrens title upon its face indicates in quest for any hidden defect or inchoate right that may subsequently defeat his right thereto.( Centeno vs CA) 4. Forged instrument-when can it be root of a valid title Fule vs De Le Gare, 7 SCRA 751

5. Notice of Lis Pendens Section 76. Notice of lis pendens. No action to recover possession of real estate, or to quiet title thereto, or to remove clouds upon the title thereof, or for partition, or other proceedings of any kind in court directly affecting the title to land or the use or occupation thereof or the buildings thereon, and no judgment, and no proceeding to vacate or reverse any judgment, shall have any effect upon registered land as against persons other than the parties thereto, unless a memorandum or notice stating the institution of such action or proceeding and the court wherein the same is pending, as well as the date of the institution thereof, together with a reference to the number of the certificate of title, and an adequate description of the land affected and the registered owner thereof, shall have been filed and registered.

PURPOSE: keep subject matter within the power of the court until the entry of final judgment Therefore creates merely a contingency & not a liens

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 duty bound to carry over notice of lis pendens on all new titles to be issued

CANCELLATION OF LIS PENDENS:

1.Before final judgment court may order cancellation after showing that notice I sonly for purpose of molesting an adverse party or it is not necessary to protect rights of party who caused it to be registered 2.Register of Deeds may also cancel by verified petition of party who caused such registration 3.Deemed cancelled when certificate of clerk of court stating manner of disposal of proceeding is registered

NOTICE OF LIS PENDENS IS AN INVOLUNTARY TRANSACTION Sufficient that there is entry in day book

OTHER PARTIES WHO NEED TO REGISTER: 1.ASSIGNEE IN INVOLUNTARY PROCEEDING FOR INSOLVENCY Duty of the officer serving notice to file copy of notice to Register of Deeds where the property of debtor lies Assignee elected or appointed by court shall be entitled to entry of new certificate of registered land upon presentment of copy of assignment with bankrupts certificate of title (duplicate)

New certificate shall not that it is entered to him as assignee or trustee in insolvency proceedings

JUDGMENT/ORDER VACATING INSOLVENCY PROCEEDINGS Order shall also be registered Surrender title issued in name of assignee & debtor shall be entitled to entry of new certificate

2.GOVERNMENT IN EMINENT DOMAIN Copy of judgment file in Register of Deeds which states description of property, certificate number, interest expropriated, nature of public use Memorandum shall be made or new certificate of title shall be issued

6. Real Mortgages

real property/real rights secures fulfillment of an obligation

KINDS: 1.Conventional agreed upon by parties 2.Legal Created by operation of law 3.Judicial results from a judgment 4.Equitable pacto de retro in form but mortgage in essence

ESSENTIAL REQUISITES: 1.Constituted to secure fulfillment of principal obligation 2.Mortgagor be absolute owner of thing mortgaged 3.Person constituting mortgage has free disposal of property

SPECIAL CHARACTERISTICS: 1.Subject matter is realty 2.Real right attaches to property wherever it is & whoever holds it 3.Accessory presupposes existence of valid principal obligation; cannot stand alone 4.Indivisibility even if debt is divisible; mortgage is not 5.Inseparability mortgage lien is inseparable from property 6.Retention of possession - mortgagor retains possession

PACTO DE RETRO EQUITABLE MORTGAGE 1.Price of sale with right to repurchase is usually inadequate 2.Vendor remains in possession as lessee or otherwise 3.Upon or after expiration of right to repurchase, another instrument extending period /granting new period is executed 4.Purchaser retains a part of the purchase price 5.Vendor binds himself to pay taxes on thing sold 6.Real intention of parties is that transaction shall secure payment of debt or fulfillment of other obligation

Real Mortgage

Chattel Mortgage

Subject matter is real property Subject matter is movable Public document only Right of redemption for 1 year Deficiency can be recovered May be in private document provided there is affidavit of good faith No right of redemption Deficiency cannot be recovered

EXECUTION & REGISTRATION 1.Execution of deed in a form sufficient in law (public instrument) 2.Registration with Register of Deeds where the land lies & take effect upon registration

a.Present deed of mortgage together with owners duplicate b.Payment of fees c.Register of Deeds shall enter upon original certificate of title & upon duplicate a memorandum date, time of filing, signature, file number assigned to deed d.Register of Deeds to note on deed the date & time of filing & reference to volume & page of registration book in which it was registered

3. No duplicate need be issued

SUBJECT MATTER Real property plus all its accessions unless contrary is stipulated Future property without legal effect Future improvements deemed included Fruits & rents of mortgaged property deemed included Continuing credit secured by mortgage valid

FORMS: 1.Private document void & inexistent 2.Public instrument but not recorded binding between parties but not 3rd persons without notice 3.Public document & registered valid & binding to 3rd parties

MAY MORTGAGE BE REGISTERED WITHOUT DUPLICATE TITLE: Yes

If being withheld by the owner, Register of Deeds notifies by mail within 24 hours to registered owner: 1.Stating that mortgage has been registered 2.Requesting that owners duplicate be produced so that memorandum be made thereof

Owner refuses to comply within reasonable time; Register of Deeds to notify court & court may enter order requiring owner to produce certificate

SUBSEQUENT DEALINGS IN MORTGAGED PROPERTY

1.May be further alienated stipulation to contrary is void Assignment must also be registered since registration is operative act to affect land If not recorded valid as to parties but not to 3rd parties, right not protected against somebody who registers & procures better right

2.May be further mortgaged stipulation to contrary is void No need to secure permission of mortgagee Understood unless prohibited in contract 3.Pactum commisorium not allowed a. Property is mortgaged b. There is stipulation for automatic appropriation

4.Discharge Execute public document canceling or releasing mortgaged in form prescribed by law Present instrument with Register of Deeds where land lies together with owners duplicate for registration Memorandum of cancellation is annotated on duplicate & original

WHEN MORTGAGOR DIES 1. Abandon security & prosecute his claim by sharing in general distribution of assets of the estate 2. Foreclose mortgage by making executor party defendant

3. Foreclose it in due time

PARTIES IN FORECLOSURE SUIT: all persons claiming interest subordinate in right to mortgagee

ACTION TO FORECLOSE: Prescribes in 10 years (written contract)

VENUE: Per stipulation or in absence thereof, where the property lies

FORECLOSURE

1.JUDICIAL a. Mortgagee to petition in court for foreclosure b. Court to render order for debtor to pay sum due within 90 days and if not paid from date of service, property be sold at public auction c. Notice & Publication d. Public auction: sale to highest bidder e. Sheriff to issue certificate confirming judicial foreclosure f. File with Register of Deeds final decree of court confirming sale g .Memo entered in certificate of title h. If right of redemption exist, certificate of title of mortgagor not to be cancelled but memorandum shall be entered upon the certificate duplicate & original i. After expiry of 1 year redemption period & no redemption, title is consolidated to new owner j. Purchaser to be entitled to new certificate of title & memorandum endorsed on mortgage deed k. If there is redemption, memorandum to be annotated on certificate of title

2.EXTRA-JUDICIAL

Allowed only if stipulation between party authorizes extra-judicial foreclosure Cannot be made legally outside of city where land lies Publication required: post notices for 20 days in 3 public places where property lies & if property is more than P400.00, publication must be for 3 consecutive weeks in news paper of general circulation If foreclosure by rural banks, exempt from publication in newspaper for loans not exceeding 3,000.00 Registration of sale in Register of Deeds: a. Deed of sale must be supported by certificate of sheriff that said sale was conducted accordingly stating the date, time, place of sale, names of creditor & debtor, description of property, name of highest bidder, selling price b. Present in Register of Deeds where land lies c. Memorandum on back of certificate is made d. After expiration of 1 year of redemption period title is consolidated if no redemption exercised: purchaser to file with Register of Deeds the deed of sale & sworn statement attesting to fact that there is no redemption e. New certificate of title issued in favor of vendee f. If redeemed notice of redemption shall be registered & accomplished by way of memorandum on proper certificate of title

RIGHT OF REDEMPTION Payment of purchase price plus 1% per month plus taxes if paid by purchaser To be exercised within 1 year after registration of sale

RIGHT TO DEFICIENCY allowed

7. Trusts
Section 64. Power of attorney. Any person may, by power of attorney, convey or otherwise deal with registered land and the same shall be registered with the Register of Deeds of the province or city where the land lies. Any instrument revoking such power of attorney shall be registered in like manner.

Section 65. Trusts in registered land. If a deed or other instrument is filed in order to transfer registered land in trust, or upon any equitable condition or limitation expressed therein, or to create or declare a trust or other equitable interests in such land without transfer, the particulars of the trust, condition, limitation or other equitable interest shall not be entered on the certificate; but only a memorandum thereof shall be entered by the words "in trust", or "upon condition", or other apt words, and by a reference by number to the instrument authorizing or creating the same. A similar memorandum shall be made upon the original instrument creating or declaring the trust or other equitable interest with a reference by number to the certificate of title to which it relates and to the volume and page in the registration book in which it is registered. Section 66. Trust with power of sale, etc., how expressed. If 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, such power shall be stated in the certificate of title by the words "with power to sell", or "power to mortgage", or by apt words of description in case of other powers. No instrument which transfers, mortgages or in any way deals with registered land in trust shall be registered, unless the enabling power thereto is expressly conferred in the trust instrument, or unless a final judgment or order of a court of competent jurisdiction has construed the instrument in favor of the power, in which case a certified copy of such judgment or order may be registered. Section 67. Judicial appointment of new trustee. If a new trustee of registered land is appointed by a court of competent jurisdiction, a new certificate may be issued to him upon presentation to the Register of Deeds of a certified copy of the order or judicial appointment and the surrender for cancellation of the duplicate certificate. Section 68. Implied, trusts, how established. Whoever claims an interest in registered land by reason of any implied or constructive trust shall file for registration with the Register of Deeds a sworn statement thereof 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.

TRUST obligation of a person to whom legal title to property is transferred to hold the property according to confidence reposed in him

2 KINDS: 1.Expressed need to be in writing; cannot be proved by parole evidence 2.Implied exist by operation of law; can be proved by parole evidence a.Property is bought but paid by another party b.Donation is made but donee have no beneficial interest thereon c.Price of sale of property is loaned & conveyance is made to lender to secure fulfillment of loan d.Land passes by succession to a person but legal title is put in anothers name e.2 persons purchase property but placed only in ones name

f.Guardian uses funds of ward to buy property g.Property is acquired thru mistake or fraud

POWER OF ATTORNEY authority granted to a person to dispose ones property

TRUST DIFFERENTIATED FROM POWER OF ATTORNEY 1.Trust has 3 parties while power of attorney has 2 parties 2.Trust is for benefit of 3rd party while power of attorney is for benefit of principal

REGISTRATION OF TRUST 1.Sworn statement claiming interest by reason of an implied trust with description of land & reference to number of certificate shall be registered in Register of Deeds 2.Provided not prohibited to do so by instrument creating the trust

APPOINTMENT OF TRUSTEE BY COURT Certified copy of decree shall be presented to Register of Deeds & surrender duplicate certificate Cancel duplicate & new certificate shall be entered by Register of Deeds

ACTION FOR RECONVEYANCE BASED ON IMPLIED TRUST Prescribes in 10 years If acknowledged in written form becomes express trust prescribes upon repudiation

INVOLUNTARY DEALINGS transactions affecting land in which cooperation of registered owner is not needed: it may even be against his will

ATTACHMENT A writ issued at the institution or during progress of an action commanding the sheriff to attach the property, rights, credits or effects of the defendant to satisfy demands of the plaintiff Kinds: a .Preliminary b. Garnishment c. Levy on execution CONDOMINIUM LAW Hulst vs PR Builders Inc.

REGISTRATION UNDER THE PUBLIC LAND ACT

PUBLIC LANDS all lands owned by the government Inalienable and alienable Inalienable public domain: timber and miner lands Alienable/ Disposable - public agricultural land

PUBLIC LAND MAY BE ALIENATED, CONVEYED TO PRIVATE PERSON.

PROCEDURE: 1.Official issuing instrument of conveyance to issue instrument 2.File instrument with Register of Deeds 3.Instrument to be entered in books and owners duplicate to be issued 4.Instrument only contract between Government and private person and does not take effect as conveyance if unregistered, it is registration which is operative act of conveying land; evidence of authority for Register of Deeds to register 5.Fees to be paid by grantee

6.After issuance of certificate of title, land is deemed registered land within the purview of the Torrens system

NATURE OF TITLE TO PUBLIC LANDS CONVEYED: INDEFEASIBLE AND CONCLUSIVE In absence of registration, title to public land is not perfected and therefore not indefeasible In case of 2 titles obtained on same date one procured thru decree of registration is superior than patent issued by director of lands 2 titles procured by one person one from homestead patent, one from judicial decree & sold to 2 diff persons, one who bought it for value and in good faith & one who register first shall have preference

CLASSIFICATION OF LAND OF PUBLIC DOMAIN: Classification is exclusive prerogative of executive & not by judiciary Anyone who applies for confirmation of imperfect title has burden of proof to overcome the presumption that the land sought to be registered forms part of public domain (Regalian doctrine)

UNDER THE CONSTITUTION: 1.Agricultural only one subject to alienation 2.Forest or timber 3.Mineral lands 4.National park

UNDER THE PUBLIC LAND ACT: 1.Alienable/disposablea.Agriculturalb.Residential, commercial, industrialc.Educational, charitabled.Town sites and for public and quasi-public uses 2.Timber lands - inalienable3.Mineral lands inalienable If patent or title is issued void ab initio for lack of jurisdiction Not subject to acquisitive prescription; even if in possession for long time, will not ripen into ownership Except: mineral lands and forest lands acquired before inauguration of Commonwealth in November 15, 1935; vested rights which are protected FISHPONDS Before: included in definition of agriculture, conversion of agricultural land to fishponds does not change character of land

Now: restricted meaning; fishponds has distinct category; cannot be alienated but may be leased from government.

DIRECTOR OF LANDS Quasi-judicial officer Findings of fact conclusive on higher court with absence of fraud, mistake other than error of judgment; but not with regards to finding of law Empowered to alienate and dispose lands

MODES OF ALIENATING PUBLIC LANDS: 1.Homestead settlement 2.Sale 3.Confirmation of imperfect or incomplete title a.Judicial legalization b.Administrative legalization Lease not included since lease does not transfer ownership; free-title grant: free distribution of public lands to encourage people to cultivate; government furnishes the applicant with tolls plus cash allowance to enable him to cultivate

CONFIRMATION OF IMPERFECT TITLE: 1.Last extension granted by Government was until December 31, 1987 2.Right made available to person qualified to acquire alienable and disposable public land thru open, continuous, exclusive, notorious (OCEN) possession under bonafide claim of ownership since June 12, 1945. A .Prior to transfer of sovereignty from Spain to US, have applied for purchase but did not receive title, without default on their part provided they have occupied since their application B .In OCEN possession since June 12, 1945 or earlier c. Members of cultural minorities in OCEN who has claim of ownership for at least 30 years

MAX LAND THAT CAN BE APPLIED: 144 hectares In case of foreigner, sufficient that he is already Filipino citizen at the time of his application Corporation who has less 60% Filipino ownership cannot apply confirmation of imperfect title; can only lease

PERSONS COMPETENT TO QUESTION LAND GRANT Persons who obtained title from State or thru persons who obtained title from State

PATENT

WHEN IS GOVERNMENT GRANT DEEMED ACQUIRED BY OPERATION OF LAW: 1.Deed of conveyance issued by government patent/grant 2.Registered with Register of Deeds mandatory: operative act to convey & transfer title 3.Actual physical possession, open & continuous Land ceased to be part of public domain & now ownership vests to the grantee Any further grant by Government on same land is null & void Upon registration, title is indefeasible

TITLE ISSUED PURSUANT TO REGISTRATION OF PATENT 1.Indefeasible when registered, deemed incorporated with Torrens system; 1 year after issuance of patent 2.May not be opened one year after entry by Land Registration Authority; otherwise, confusion, uncertainty & confusion on government system, of distribution of public lands may arise & this must be avoided Except: annullable on ground of fraud, may be reopened even after 1 year because registration does not shield bad faith Court in exercise of equity jurisdiction may direct reconveyance even without ordering cancellation of title

AIM OF HOMESTEAD PATENT: Benevolent intention of government to distribute disposable agricultural land to destitute citizens for their home and cultivation As a matter of public policy, may be repurchased even if after 5 years provided not for profit Right of repurchase not allowed if sold within family & not for cultivating or living but for speculation purpose

RESTRICTIONS: 1.Cannot be alienated within 5 years after approval of application for patent 2.Cannot be liable for satisfaction of debt within 5 years after approval of patent application

3.Subject to repurchase of heirs within 5 years after alienation when allowed already 4.No corporation, partnership, association may acquire unless solely for commercial, industrial, educational, religious or charitable purpose or right of way subject to consent of grantee & approval of Secretary of Natural resources

EXCEPTIONS: 1.Action for partition because it is not a conveyance 2.Alienations or encumbrances made in favor of the government

ERRED HOMESTEADER NOT BARRED BY PARI DELICTO Pari delicto rule does not apply in void contract Violation of prohibition results in void contract Action to recover does not prescribe

HOMESTEADER If he dies, succeeded by heirs in the application

LEGAL RESTRICTION IN DISPOSITION BY NON-CHRISTIANS (CULTURAL MINORITIES) Conveyance is valid if able to read and can understand language where deed is written Otherwise, not valid unless approved by Commission on National Integration Safeguard is to protect them against fraud/deceit

SYSTEM OF REGISTRATION FOR UNREGISTERED LANDS

System of registration for unregistered land under the Torrens System (ACT 3344) Before: covers voluntary dealings, now includes involuntary dealings Effect if prospective; binds 3rd persons after registration but yields to better rights of 3rd person prior to registration (limited effect to 3rd parties) Reason: no strict investigation involved Subsequent dealings also valid if recorded

Register of Deeds keeps day book & a register; index system is also kept Procedure: 1.Presentment of instrument dealing in unregistered land 2.If found in order registered 3.If found defective registration is refused writing his reason for refusal