Lands, Titles And Deeds Reviewer (ateneo)

 

5/24/2018

La nds, Title s a nd De e ds Reviewe r (Ate ne o).pdf - slide pdf.c om

  ATENEO CENTRAL BAR OPERATIONS 2007

Civil Law SUMMER REVIEWER 

LAND TITLES

NATURE OF TORRENS SYSTEM   Judicial in character and not merely administrative   Proceeding is in rem (binding upon the whole world) •

  is the evidence of the owner’s right or LAND extent TITLE of interest, by which he can maintain control and as a rule assert right to exclusive possession and enjoyment of property.

DEED  is the instrument in writing by 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. LAND REGISTRATION is a judicial or administrative proceeding whereby a person’s claim over a particular land is determined and confirmed or recognized so that such land and the ownership thereof may be recorded in a public registry.  TORRENS SYSTEM is a system for registration of land under which, upon the landowner’s application, the court may, after appropriate proceedings, direct the issuance of a certificate of title.  Legarda v . Saleeby, 31 Phil 590 (1915) PURPOSES: QUIP-CC 1. To quiet title to the land and to stop forever any question as to the legality of said title 2. To relieve the land of unknown claims 3. To guarantee the integrity of land titles and to protect their indefeasibility once the claim of ownership is established and recognized 4. To give every registered owner complete peace of mind 5. To issue a certificate of title to the owner which shall be the best evidence of his ownership of the land 6. To avoid conflicts of title in and to real estate and to facilitate transactions. Capitol Subdivision, Inc. v. Province of Negros Occidental, 7 SCRA 60 (1963) The registration of property is to: (1) avoid possible QuickTime™ a conflicts of title in and to and real property, and (2) TIFF (Uncompressed) decompressor  are needed to see this picture. facilitate transactions relative thereto by giving the public the right to rely upon the face of the Torrens certificate of title and to dispense with the need of inquiring further, EXCEPT when the party concerned has actual knowledge of facts and circumstances that should impel a reasonably cautious man to make such further inquiry.

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CONCEPT OF TORRENS SYSTEM   Does not create or vest title   Only confirms (does not confer) ownership • •

TORRENS TITLE is a certificate of ownership issued under the Torrens System, through the Register o Deeds, naming and declaring the owner of the rea property described therein, free from all liens and encumbrances except such as may be expressly noted there or otherwise reserved by law.  •

 

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GENERAL RULE:  A title once registered cannot be impugned, altered, changed modified, enlarged, or diminished EXCEPTION: Direct proceeding permitted by law, usually for the protection of innocent third persons

PROBATIVE VAL UE OF THE TORRENS TITLE   Torrens Title may be received in evidence in al courts in the Philippines, and shall be conclusive as to all matters contained therein principally as to the identity of the land owner except so far as provided in the Land Registration Act. •

TYPES OF TORRENS CERTIFICATES OF TITLE 1. Original Certificate of Title: the first title issued in the name of the registered owner by the Register of Deeds (ROD) covering a parce of land which had been registered by virtue of a  judicial or administrative proceeding. 2. Transfer Certificate of Title: the title issued by the ROD in favor of the transferee to whom the ownership of the already registered land had been transferred by virtue of a sale or other modes of conveyance. MODES OF ACQUIRING TITLE:  1. Public Grant   A conveyance of public land by government to a private individual 2. Acquisitive   Must be OCEN: in open, Prescription continuous, exclusive, and •

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—Adviser: Dean Cynthia Roxas-Del Castillo; Heads: Joy Marie Ponsaran, Eleanor Mateo; Understudies: Joy Stephanie Tajan, J ohn Paul Lim; Subject Head: Shelly Lim; Pledgee s: Nicole Batingana, Timothy J oseph Lumauig—

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3. Accretion

6. Involuntary  Alienation

title: 30 yrs. continuous possession is required Only available if the land possessed is public land that is alienable and disposable A property registered under the provisions of PD 1529 is not subject to prescription Prescription is unavailing not only against the registered owner, but also

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against his hereditary successors Requisites: 1. The deposit of soil or sediment be gradual and imperceptible, 2. It is the result of the curret of the waters (river/sea), and 3. The land where accretion takes place is adjacent to the banks of rivers or the sea coast •

     

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4. Reclamation

notorious possession If in good faith & with just title: 10 yrs. uninterrupted possession is required If in bad faith & without just

 

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5. Voluntary Transfer

   

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7. Descent or

8. Emancipation Patent/Grant (Certificate of Land Ownership Award)

Must be initially owned by government May be subsequently transferred to private owners Private grant Voluntary execution of deed of conveyance Contractual relationship between the parties Consensual

 

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No consent from the owner of land Forcible acquisition by the State Hereditary succession to the estate of deceased owner To ameliorate the sad plight of tenant-farmers Such grant is not transferable except by hereditary succession

LAWS IMPLEMENTING LAND REGISTRATION 1. Property Registration Decree (P.D. 1529, as amended) 2. Cadastral Act (Act 2259, as amended) 3. Public Land Act (Commonwealth Act 141, as 4. 5.

amended) Emancipation Decree (P.D. 27, as amended) Comprehensive Agrarian Reform Law of 1988 (R.A. 6657, as amended)

 ADMINISTRATION OF THE TORRENS SYSTEM 1. LA ND REGISTRATION AUTHORITY (LRA)   Agency charged with the efficient execution of the laws relative to the registration of lands, under the executive supervision of the DOJ    Consists of an Administrator assisted by 2 Deputy Administrators  •

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Accretion registered lands needtonew registration No human intervention The current causing the alluvial deposit must be from a river. If it is from the sea, the deposit will pertain to the state. (Government of t he Phils. v. Cabangis 53 phil 112 [1929])  Filling of submerged land by deliberate act and reclaiming title thereto

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FUNCTIONS OF THE LRA: SAC 1. Extend speedy and effective assistance to the Dept. of Agrarian Reform, the Land Bank, and other agencies in the implementation of the land reform program of the government 2. Extend assistance to courts in ordinary and cadastral land registration proceedings 3. Be the central repository of records relative to original registration of lands titled under the Torrens system, including the subdivision and consolidation plans of titled lands 2.

REGISTER OF DEEDS (ROD)   Constitutes a public repository of records o instruments affecting registered or unregistered lands and chattel mortgages in the province or city wherein such office is situated   Headed by the Register of Deeds, assisted by a Deputy •

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FUNCTIONS OF THE ROD: IPDI 1. Immediately register an instrument presented for registration dealing with real or personal property which complies with the requisites for registration

verified and acknowledges before a notary public or other public officer authorized by law to take acknowledgement. 

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action to take on an instrument or deed presented to him for registration, he should submit the question to the Administrator of the LRA en consulta  (Section 117, PD 1529). 

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Shall see to itdocumentary that said instrument bears the proper and science stamps and that the same are properly cancelled If the instrument is not registerable, he shall deny the registration thereof and inform the presentor of such denial in writing, stating the ground or reason therefore, and advising him of his right to appeal by consulta in accordance with Sec. 117 of PD 1529 Prepare and keep an index system which contains the names of all registered owners and lands registered

Baranda v, Gustilo, 165 SCRA 757 (1988) The function of the ROD with reference to registration of deeds, encumbrances, instruments, and the like is ministerial in nature. Ledesma v. Villaseñor, 13 SCRA 494 (1965) It is enough that in the ROD’s opinion an instrument is registrable for him to register it. The act being an administrative act does not contemplate notice to and hearing of interested parties.

NOTE: When the ROD is in doubt as to the proper

NON-REGISTRABL E PROPERTIES  Article 420 1. Those intended for public use, NCC such as roads, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadsteads, and others of similar character   2. Those which belong to the

 Arts. 5 & 6, Water Code (PD 1067 )

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 Al mi rol v. ROD of Agu san, G.R. No. L-22486, Mar. 20, 1968 The determination of whether a document is valid or not is a function that belongs to a court of competent  jurisdiction, and not to the ROD.

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Balbin v. ROD, 28 SCRA 12 (1969) Instances when the ROD may validly deny registration of a voluntary instrument: 1. Where there are more than 1 copy of the owner’s duplicate certificate of title and not all such copies are presented to the ROD 2. Where the voluntary instrument bears on its face 3.

an infirmity Where the validity of the instrument sought to be QuickTime™ and a TIFF (Uncompressed) decompressor  registered is in issue in ato see pending are needed this picture. court suit a. Notice of pending suit must be given to parties b. Registration may be suspended

Gallardo v. IAC, 155 SCRA 248 (1987) The ROD may also refuse to register a private document since Section 112 of PD 152 provides that deeds of conveyances affecting lands should be

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Regalian Doctrine under the 1935, 1973, and 1987 Constitution

State,and without being forfor public use, are intended some public service or for the development of the national wealth.  Rivers and their natural beds;  Continuous or intermittent waters of springs and brooks running in their natural beds and the beds themselves;  Natural lakes and lagoons;  All other categories of surface waters such as water flowing over lands, water form rainfal whether natural or artificial, and water from agriculture runoff seepage and drainage; Atmospheric water; Subterranean or ground water; Seawater;

Found in private lands: 8. Continuous or intermitten waters rising on such lands; 9. Lakes and lagoons naturally waters rising on such lands; 10. Rain water and falling on such lands; 11. Subterranean or ground waters; and 12. Waters in swamps and marshes Forest or timberland, public forest, forest reserves lands, mineral lands

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Bureau of Forestry v. CA, 153 SCRA 351 (1987)  As provided for under Sec. 6 of CA 141, which was lifted from Act 2874, the classification or reclassification of public lands into alienable or disposable, mineral, or forest lands is now a prerogative of the Executive Department of the government and not the courts. With these rules, there should be no more room for doubt that it is not the court which determines the classification of lands of the public domain into agricultural, forest or mineral but the Executive Branch of the government, through the Office of the President. Republic v. Vera, 120 SCRA 210 (1983)  A parcel of forest land is within the exclusive  jurisdiction of the Bureau of Forestry and beyond the power and jurisdiction of the cadastral court to register under the Torrens system. Republic v. Heirs of Felipe Alejaga, Sr. 393 SCRA 361 (2002) The State has an imprescriptible right to cause the reversion of a piece of property belonging to the public domain if title has been acquired through fraudulent means. Republic v. Southside Homeowners Association Inc. (SHAI) G.R. No. 156951 & 173408, Sep. 22, 2006 FACTS: Proclamation No 423 which established a military reservation known as Fort William McKinley – later renamed Fort Bonifacio Military Reservation, was issued by former President Carlos Garcia. Areas specified in the Proclamation were withdrawn from sales and settlements and were reserved for military purposes. Several presidential proclamations would later be issued excluding certain defined areas from the operation of Proclamation 423. What is mainly sought to be declared as a nullity in this petition is the title over the parcels of land that are referred to as JUSMAG housing are in Fort Bonifacio being occupied by active and retired military officers and their families. SHAI , a non-stock QuickTime™ and a TIFF (Uncompressed) decompressor  corporation organized mostly by wives of AFP military are needed to see this picture. officers, was able to secure title in its name over the bulk, if not the entire, JUSMAG area. The TCT was issued by the Rizal Registry on the basis of a notarized deed of sale purportedly executed by then Land Management Bureau Director Abelardo Palad Jr. The investigation conducted by the DOJ, however, reported land scams at the FBMR and also finding that the signature of Palad was forged.

In 1993, then Pres Ramos ordered the OSG to institute an action towards the cancellation of TCT 15084 in SHAI’s name as well as the title acquired by the Navy Officer’s Village Association (NOVA) over a bigger parcel of land within the reservation. ISSUE: Whether the land sold was alienable.

HELD: NO.  As regards the issue of inalienability, the Cour upheld the contention of the Republic that the JUSMAG area is inalienable, the same having no effectively been separated from the military reservation and declared as alienable and disposable. Until a given parcel of land is released from its classification as part of the military reservation zone and reclassified by law or by presidential proclamation as disposable and alienable, its status as part of a military reservation remains, even if incidentally it is devoted for a purpose other than as a military camp or for defense SHAI had not pointed to any proclamation o legislative act for that matter segregating the property from the reservation and classifying the same as alienable lands of public domain. Furthermore, the Constitution also forbids private corporations from acquiring any kind of alienable public land except through lease for a limited period. The whole conveyance process was also suspicious since the whole process was accomplished only in one day.  TYPES OF REGISTRATION: 1. Original Registration 2. Subsequent Registration

ORIGINAL REGISTRATION UNDER PD 1529 is a proceeding brought before the RTC (as a land registration court) to determine title or ownership of land on the basis of an application for registration or answer by a claimant in a cadastral registration. 

KINDS OF JUDICIAL REGISTRATION: 1. Judicial/Voluntary/Ordinary  – by filing with the proper court; application by the private individual himself 2.  Ad mini st rat ive/Invol un tar y/Cadast ral – compulsory registration initiated by the government

PROCEDURE IN ORDINARY LA ND REGISTRATION: SFD-TP-SAHJ-DECT 1. Survey of land by the Bureau of Lands or a duly licensed private surveyor a. Survey plan must be duly approved by the Page 273 of 297

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Civil Law Summer Reviewer  ATENEO CENTRAL BAR OPERATIONS 2007 

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Director of Lands. Filing of application for registration by the applicant a. With all muniments of titles and copies thereof with survey plan approved by

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Bureau of Lands MUNIMENTS OF TITLE are instruments or written evidence which applicant holds or possesses to enable him to substantiate and prove title to his estate b. Always filed at the RTC of the place where land is situated c. Indorsed to the MTC if there is no controversy over the land or if its value is less than 100,000 d. In cases of delegated jurisdiction to the MTC, appeal is directed to the CA e. If land is situated between bounda ries of 2 provinces, application must be filed:   When boundaries are not defined: in the RTC of the place where it is declared for taxation purposes;   When boundaries are defined: separate plan for each portion must be made by a surveyor and a separate application for each lot must be filed with the appropriate RTC Setting of the date of initial hearing of application by the RTC a. Within 5 days, set hearing 45-90 days from date of order Transmittal of the application and the date of the initial hearing, with all the documents or other evidences attached thereto, by the Clerk of Court to the LRA Publication of notice of the filing of the application and the date and place of the hearing in the Official Gazette   The three notices  required are mandatory.  a. Publication of notice of initial hearing i. Once in the Official Gazette (this confers jurisdiction upon the court) ii. Once in a newspaper of gen eral circulation   Purpose of publication: QuickTime™ and a - To TIFF confer jurisdiction over the land (Uncompressed) decompressor  needed to seethe this picture. appliedarefor upon court - To charge the whole world with knowledge of the application of the land involved, and invite them to take part in the case and assert and prove their rights over the subject land b. Mai ling   Within  7 days after publication of said notice in the OG, mailing of notice to:

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Sec. of Director Agrarianof Lands, Ref orm,Director Solicito General, of Fisheries, and Director of Mines, if the land borders on a river, navigable stream, or shore, or on an arm of the sea where a river or harbor lies iv. Other persons as the court may deem proper c. Pos ting   Posting  in conspicuous place on subject land and on bulletin board of municipal building at least 14 days before initial hearing Service of notice by the sheriff upon contiguous owners, occupants and those known to have interests in the property Filing of answer to the application by any person whether named in the notice or not Hearing by the court Promulgation of judgment by the Court Issuance of the decree declaring the decision final and instructing the LRA to issue a decree of confirmation and registration   DECREE – issued by LRA after finality of  judgment; contains technical description o land. i. Decrees dismissing application ii. Decrees of confirmation and registration   Subject only to appeal Entry of the decree of registration in the LRA   1 year after the date of entry, it becomes incontrovertible and amendments will not be allowed except clerical errors. It is deemed conclusive as to the whole world.   Puts an end to litigation   Purpose of Torrens system is protected Sending a copy of the decree of registration to the corresponding ROD Transcription of the decree of registration in the registration book and issuance of the owner’s duplicate original certificate of title to the applicant by the ROD upon payment of the prescribed fees •

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Persons named in the notice Sec. of Public Highways, Provincia Governor, and Mayor, if the applicant requests to have the line of a public way or road determined

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NOTE: Noncompliance with the requisites will make the Certificate of Title (CT) issued invalid and cancellable by the courts. WHO MAY APPLY IN ORDINARY REGISTRATION PROCEEDINGS UNDER PD 1529: OPAL Page 274 of 297

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Those who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive, notorious possession of alienable and disposable lands of the public domain under a bona fide  claim of ownership since 1945 or earlier of private land ThoseJune who 12, acquired ownership by prescription under the provisions of existing laws Those who acquired ownership of private lands or abandoned river beds by right of accession or accretion under the existing laws Those who have acquired ownership of land in any manner provided for by law

NOTE:  All these persons must be  natural-born Filipino citizens. However, by way of exception  juridical persons may apply for registration of leased agricultural and disposable lands not exceeding 1,000 hectares in area for a period of 25 years and renewable for not more than 25 years (Sec. 3,  Ar ti cl e XII, 1987 Const itut io n), and except when the land has been previously acquired by prescription by a natural person and subsequently transferred to a  juridical entity (in this case, a corporation may apply for judicial confirmation of title). LIMITATION TO OWNERSHIP OF LAND BY CORPORATION: 1. Private Lands  a. At least 60% Filipino (Sec. 7, Article XII, 1987 Constitution ) b. Restricted as to extent reasonably necessary to enable it to carry out purpose for which it was created c. If engaged in agriculture, it is restricted to 1,024 hectares. 2. Patrimonial Property of the State (Sec. 3,  Ar ti cle XII, 1987 Consti tuti on )  a. Lease (CANNOT own land of the public domain) for 25 years renewa ble b. Limited to 1,000 hectares c.  Apply to both Filipinos & foreign corporations PERSONS WHO CANNOT PROPERLY FILE AN  A PPLICATION FOR REGISTRATION OF LAND: QuickTime™ and a TIFF (Uncompressed) decompressor  PMAP are needed to see this picture. 1. Public land sales applicant admits he is not t he owner in his application 2. Mortgagee or his successor-in-interest to the mortgage when mortgage is assigned (pactum commissorium) 3.  Antichretic creditor since he holds not in the concept of an owner 4. Person or entity whose claim of ownership to

land had been p reviously denied  in a reivindicatory action and the right of ownership thereto of another is upheld by the courts FORM OF THE APPLICATION (Sec. PD 1529)   15, In writing  • •

 

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Signed by the applicant or person duly authorized in his behalf   Sworn to before an officer authorized to administer oath for the province or city where the application was actually signed  If there is more than 1 applicant, they shall be signed and sworn to by and in behal f of each. 

  CONTENTS OF APPLICATION (Sec. 15, PD 1529): D-CAEM-ARF  1. Description of the land applied for togethe

with the buildings and imof provements; the plan approved by Director Lands and the technical descriptions must be attached 2. Citizenship and civil status of the applicant   if married, name of spouse, and   if the marriage has been legally dissolved, when and how the marriage relation was terminated 3.  Assessed value of the land and the buildings and other improvements based on the las assessment for taxation purposes 4. Mortgage or encumbrance affecting the land or names of other persons who may have an • •

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interest legal or Manner therein, of acquisition of equitable land Full names and addresses of all occupants o the land and those of the adjoining owners, i known, and if not known, the applicant shal state the extent of the search made to find them If the application describes the land as bounded by a public or private way or r oad, i shall state whether or not the applicant claims any portion of the land within the limits of the way or road, and whether the applicant desires to have the line of way or road determined (Sec. 20, PD 1529)  The court may require f acts to be stated in the application in addition to those prescribed by the Decree not inconsistent therewith and may require the filing of additional papers If the applicant is a non-resident of the Philippines, he shall file an instrumen appointing an agent residing in the Phils. and shall agree that service of any legal process shall be of the same legal effect as if made upon the applicant within the Philippines (Sec. 16, PD 1529)  Page 275 of 297

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  WHERE TO FILE APPLICATION GENERAL RULE: RTC of the province or city where the land is situated. −  File together with application all original

for registration when it appears to the court that the amendment is necessary and proper. Under Section 24 of the same act, the court may at anytime order an application to be amended by striking out one or more parcels or by severance of

muniments copies thereofby and a survey planofoftitles the or land approved the Bureau of Lands

the application. The amendment be since madethe in application or in the survey plan, or may in both application and survey plan go together.

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 Averi a v. Caguioa, 146 SCRA 459 (1986) PD 1529 has eliminated the distinction between the general jurisdiction vested in the RTC and the limited jurisdiction conferred upon it by the former law when acting merely as land registration court.  Aimed at avoiding multiplicity of suits, the change  has simplified registration proceedings by conferring upon the RTCs the authority to act not only on original applications but also those filed after originalallregistration, power upon to hearsuch and determine questionswith arising applications or petitions.  

If there are several parcels of land situated in different provinces/cities but belong to one owner, he must file in RTC of each province/city where different parcels of land are located for registration purposes    EXCEPTION:  Delegated jurisdiction of the MTC to hear and determine cadastral or land registration cases covering lots where  − there is no controversy or opposition, or  

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contested lots, the value of which d oes not exceed 100,000 

 AMENDMENTS IN ORDINARY REGISTRATION PROCEEDINGS 1. Striking out one or more The court may strike of the parcels of land out at any time applied for or by a severance of the application 2. Substantial change in New technical boundaries, increase in description and new area, inclusion of publication and notice additional land are necessary 3. Joinder, substitution, or File motion with court QuickTime™ and a discontinuance of any TIFF (Uncompres of sed) decompressor  are needed to see this picture. the parties 4. Decrease in area File motion with court; no need for new publication or notice Benin v. Tuason, 57 SCRA 531 (1974) Under Section 23 of Act 496, the registration court may allow, or order an amendment of the application

If the amendment consists in the inclusion in the application for registration an area or parcel of land not previously included in the application for registration of an area or parcel of land not previously included in the original application, as published, a new publication of the amended application must be made. The purpose of the new publication is to give notice to all persons concerned regarding the amended application. Without a new publication, the registration court cannot acquire jurisdiction over the area or parcel of land that is added to the area covered by the original application, and the decision of the registration court would be a nullity insofar as the decision concerns the newly included land.  The reason is because without a new publication, the law is infringed with respect to the publicity that is required in registration proceedings, and third parties who have not had the opportunity to present their claim might be prejudiced in their rights because of failure of notice.

But if the amendment consists in the exclusion of a portion of the area covered by the original application and the original plan as previously published, a new publication is not necessary. In the latter case, the  jurisdiction of the court is not affected by the failure o a new application.

DOCTRINE OF NON-COLLATERAL ATTACK OF DECREE OR TITLE   A decree of registration and registered title cannot be impugned, enlarged, altered modified, or diminished either in collateral or direct proceeding after the lapse of the 1-yea period prescribed by the law. •

If transaction is BEFORE  Issuance of Decree   Record instrument in ROD in same manner as if no application was  made   Present instrument to RTC, with a motion praying that the same be

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If transaction is AFTER  Issuance of Decree Register directly with ROD for purpose of   canceling such title and issuing a TCT

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considered in relation to the  pending application REQUISITES OF OPPOSITION:  1. 2. 3. 4.

Set forth objections to the application State interest claimed by oppositor Apply for the remedy desired Signed and sworn to by him or by some other duly authorized person

GENERAL DEFAULT  When no person appears and answers within time prescr ibed

SPECIAL DEFAULT  When a party appears at initial hearing without having filed an answer and  asks court for time to f ile answer but failed to do so within period allowed

JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE UNDER THE PUBLIC LAND  ACT   In rem, judicial proceedings   The decree of registration issued is conclusive and final   Governed by court procedure and law of evidence • •

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WHEN TO FILE   Extended up to December 31, 2020, as provided in Sec. 2 of RA 9176 •

Director of Lands v. Abairo, 90 SCR A 422 (1979) FACTS: Petitioner contended that CFI of Isabela should have dismissed the application for registration based on an imperfect or incomplete title because it has no  jurisdiction over it inasmuch as it was filed on March 1, 1971, that is, after December 31, 1968, the expiry date for filing such kind of application under RA 2061. The latest extension of the period to December 31, 2020 within which to file said applications, as provided in Sec. 2, RA 9176, shall apply where the area applied for does not exceed 12 hectares. QuickTime™ and a

TIFF (Uncompressed) decompressor  ISSUE: are needed to see this picture. Whether or not the application is valid despite being filed after the period expired and before the extension was granted.

HELD: YES.  It is clear from the law itself that those who applied for judicial confirmation of their title at any time pr ior to the cut-off d ate of December 31,

1976 did so on time, even if su ch application was filed during the intervening period from January 1, 1969 to June 18, 1971.  Respect should be given to the obvious intention of the lawmaker in extending the period for filing such applications time and again

to give to thoselands who of arethe qualified under thefull lawopportunity to own disposable public domain and thus reduce the number of landless among the citizenry. 

LIMITATION TO ARE A APPLIED FOR:   Maximum of 12 hectares (Sec. 3, RA 6940)  •

WHO MAY BE APPLICANTS: FFPL 1. Filipino citizens who by themselves or through their predecessors-in-interest have been in open, continuous, exclusive and notorious

possession and occupation alienable and disposable lands of the publicofdomain under a bona fide  claim of acquisition since June 12 1945, or prior thereto, or ever since time immemorial (Oh Cho v. Dir. Of Lands , 75 Phi 890 [1946])  2. Filipino citizens who by themselves or through their predecessors-in-interest have been, prio to the effectivity of PD 1073 (January 25 1977), in open, continuous, exclusive and notorious possession and occupation of agricultural lands of the public domain under a bona fide claim of acquisition of ownership, fo at least 30 years, or at least since January 24 1947 (RA 1942, Dir. Of Lands v. IAC and  ACME, 146 SCRA 509 [1986]).  3. Private corporations or associations which had acquired lands, formerly part of the alienable and disposable lands of the public domain from Filipino citizens who had possessed the same in the manner and for the length of time indicated in 1 and 2 above (Dir. Of Lands v IAC and ACME, 146 SCRA 509 [1986]).  4. Natural born citizens of the Philippines who may have lost their Philippine citizenship, who have acquired disposable and alienable lands of the public domain from Filipino citizens who had possessed the same in the manner and fo the length of time indicated in 1 and 2 above (Republic v. CA, 235 SCRA 567 [1994]). 

NOTE:  A private corporation may institute confirmation proceedings under Sec. 48(b) of CA 141 if  at the time of the institution of the registration proceedings, the land was already private land (Director of Lands v. IAC and ACME, 146 SCRA 509 [1986]).

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As long as the land is already considered as having become “private” through prescription, a corporation may institute confirmation proceedings. Having a PRIVATE character (no longer public), the land would no longer

FACTS: Rodriguez is claiming to be the sole heir and administrator of the estate of Hermogenes Rodriguez who, in his lifetime, was the owner of parcels of land registered in his name under a Spanish title

be barred by theLand Constitution to be owned by a corporation. has already become PRIVATE, ipso jure, when previously acquired by prescription by a natural person.

Rodriguez theof parcels of landBy to Santiago Mateo for leased a period 50 years. virtue of and the lease, Santiago is presently occupying the land SBMA, on the other hand, is claiming possessory, if not proprietary, rights over the parcels of land, by using them for its own commercial and other purposes.

Natividad v . CA, 202 SCRA 439 (1991) Determinative of this issue is the character of the parcels of land – whether they were still public or already private – when the registration proceedings were commenced. If they are already private lands, the constitutional prohibition against acquisitions by a private corporation would not apply. WHAT APPLICANT MUST PROVE:   The land is alienable and disposable land of the public domain, and   His possession was for the length of time and in the manner and concept required by law •

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NOTE: Form, Contents, Notice, Mailing, Posting Requirements are the same as those required in original registration under PD 1529. Director of Lands v. CA, 106 SCRA 426 (1981)  A judicial declaration that a parcel of land is public, does not preclude even the same applicant from subsequently seekingland, a judicial confirmation of his title to the same provided he thereafter complies with the provisions of Sec. 48 of CA 141, as amended and as long as said public land remains alienable and disposable. PROOF OF PRIVATE OWNERSHIP: STOP 1. Spanish title (inadmissible and ineffective proof of ownership in land registration proceedings filed after Aug. 16, 1976) 2. Tax declarations and tax payments (not conclusive evidence of ownership, must be coupled with proof of actual possession for the 3. 4.

period required by law)(ex. testimonial evidence of proof Other kinds QuickTime™ and a TIFF (Uncompressed) to prove accretion, deeds decompressor  of sale) are needed to see this picture. Presidential issuances and legislative acts (constitutive of a fee simple title or absolute title in favor of the grantee, a law ceding full ownership to a government institution)

Santi ago v. SBMA, GR No. 156888, November 20, 2006

ISSUE: Whether or not Spanish Titles are still admissible as evidence of ownership of lands

HELD: No.  Although PD 892 reads: “Whereas, Spanish titles to lands which have not yet been brought under the operation of the Torrens system, being subject to prescription, are now ineffective to prove ownership unless accompanied by proof of actua possession…,” petitioners cannot claim that they can still present the Spanish title as proof of ownership since they were in actual possession.

 Actual proof of possession only becomes necessary because Spanish titles are subject to prescription The holder of a Spanish title may still lose his ownership of the real property to the occupant who actually possesses the same for the required prescriptive period. Because of this inheren weakness, the applicant for registration of his Spanish title under the Torrens system must also submit proof that he is in actual possession of the real property by virtue of prescription. Taking the law as a whole, it has clearly set a deadline for the filing of applications for registration of ALL Spanish titles under the Torrens system (i.e., 6 months from its effectivity or on 14 August 1976) after which, the Spanish titles may no longer be presented to prove ownership. Therefore, the fact that petitioners were in actual possession of

the property when they filed the complaint with the RTC on April 29, 1996 does not exclude them from the application of PD 892, and their Spanish title remain inadmissible as evidence of their ownership of the property, whether in a land registration proceeding or in an action to remove a cloud on or to quiet title. However, this does not bar holders of Spanish titles from claiming ownership of real property on some other basis, such as those provided in PD 1529 or in the Public Land Act. For sure, Spanish titles can no Page 278 of 297

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longer be countenanced as indubitable evidence of land ownership. 

4.

JUDGMENT is a decision of court constituting its opinion after taking into consideration the evidence submitted. It becomes final upon the lapse of 15 days counted from the receipt of notice of the  judgment.   However, notwithstanding the lapse of the 15day period from receipt of judgment by the parties, the court continues to retain control over the case until the expiration of 1 year after the entry of decree of registration by the LRA (Republic v. Assos acion B enevola d e Cebu, 178 SCRA 692 [1989]).  •

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POST-JUDGMENT INCIDENTS 1.

Writ of Possession: order to sheriff to deliver the land to the succes sful party litigant; no prescription against: (1) the loser and (2) anyone unlawfully and adversely occupying   When writ may not issue: When a party entered into property after issuance of final decree, is not an oppositor in registration proceeding, and is in possession of land for at least 10 years Wri t of Demolition: the complement of writ of possession; to demolish improvements introduced by oppositor or his successor in interest •

2.

  MEANS TO RECOVER POSSESSION:  1. Forcible entry 2. Unlawful detainer 3.  Accion publiciana  4.  Accion reivindicatoria  DECREE OF REGISTRATION :   The decree issued by the LRA pursuant to the order of the court.    Binds the land, quiets title thereto, subject only to such exceptions or liens a s may be provided by law  •

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Conclusive persons including the government  upon all QuickTime™ and a TIFF (Uncompressed) decompressor  are needed to see this picture.

CONTENTS OF THE DECREE: DMD-DO 1. Date, hour and minute of its entry 2. Whether the owner is married or unmarried, and if married, the name of the spouse; provided that if the land is conjugal property, the decree shall be issued in the name of both spouses 3. If the owner is under disability, the nature of

5.

such disability, and if a minor, his age Description of the land and shall set forth the estate of the owner, and also show their relative easements, liens, attachments, and other encumbrances

Other the lawmatters to be determined in pursuance o

  PROCESS OF ISSUING THE OCT: 1. Within 15 days from finality of order of  judgment directing registration of title – court orders the LRA to issue decree of registration and certificate of title 2. Clerk of court will send order of court and copies of judgment 3. Writ of Demolition may be issued. The cour has authority to order, as a consequence of the writ of possession issued by it, the demolition of improvements introduced by the defeated oppositor or his successor-in-interest 4.  Administrator will issue a decree of registration and original and duplicate of OCT that is signed by the Administrator, entered and file decree of registration in LRA 5. Send to ROD the original and duplicate of title and certificate for entry in his registration book 6. Enter in record book, dated, signed, numbered and sealed to take effect upon date of entry 7. ROD to send notice to registered owner ready for delivery after payment of fees 8. ROD shall send duplicate and note on each certificate of title to whom it is issued 9. Original copy to be filed in ROD 10. Bound in consecutive order

 ATTRIBUTES AND LIMITATIONS ON CERTIFICATES OF TITLE AND REGISTERED L ANDS: 1. Free from liens and encumbrances a. Claims and liens of whatever characte existing against the land prior to the issuance of the certificate of title are cut off by such certificate and the certificate so issued binds the whole world, including the government. b.

EXCEPTIONS: CNT-PD  Those noted on the certificate Liens, claims, or rights arising o existing under the laws and the Constitution, which are not by law required to appear on record in the Register of Deeds in order to be valid iii. Unpaid real estate taxes levied and assessed within 2 years immediately preceding the acquisition of any right over the land by an innocent purchaser i. ii.

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iv.

2.

for value  Any public highway, or private way established or recognized by law, or any government irrigation, canal or lateral thereof, if the certificate of title

does not or state the boundaries such highway irrigation canal oroflateral thereof have been determined v.  Any disposition of the property or limitation on the issue thereof pursuant to PD 27 or any other law or regulations on agrarian reform In controvertibl e and indefeasible a. GENERAL RULE: Upon expiration of 1 year from and after the entry of the decree of registration in the LRA, the decree and the corresponding certificate of title becomes incontrovertible and indefeasible. b. EXCEPTIONS: PNF i. If previous valid title of the same land exists ii. When land covered is not capable of registration iii. When acquisition of certificate is attended by fraud  Ar gu ell es v. Timb anc aya, 72 SCRA 193 (1976) The rule on the incontrovertible nature of a certificate of title applies when what is involved is the validity of the OCT, not when it concerns that of the TCT.

3.

Registered land not subject to prescriptio n a. Even adverse, notorious and continuous possession under claim of ownership for the period fixed by law is ineffective against a Torrens title (JM Tuason and Co. Inc. v. CA, 93 SCRA 146 [1979]).  b. The fact that the title to the land was lost does not mean that the land ceased to be registered land before the reconstitution of its title. It cannot perforce be acquired by prescription (Ruiz v. CA, 79 SCRA 525 [1977]).  c. Laches may be invoked to bar QuickTime™ a reconveyance of landandto the registered TIFF (Uncompressed) decompressor  this intervening picture. owner only are if needed thereto see are rights of third persons which may be affected or prejudiced if such land is returned to the registered owner (De Luc as v. Gamponi a, 100 Phil 277 [1956]). 

Feliciano v. Spouses Zaldivar,  GR No. 162593, Sep. 26, 2006

FACTS:  Remigia Feliciano filed a complaint against the spouses Zaldivar for the declaration of nullity of TCT No. T-17993 and reconveyance of the property covered therein. The said title is registered in the name of Aurelio Zaldivar.

Remigia alleged that she was the registered owner of a lot, part of which is that covered by both the above TCT and TCT No. 8502. It was originally leased to Pio Dalman, Aurelio’s father-in-law. She attempted to mortgage the lot to Ignacio Gil, but the mortgage did not push through. She vehemently denies ever executing a joint affidavit confirming the sale to Gil and insists that TCT No. 8502 was never lost. 

The Zaldivars, on the other hand, claimed that  Aurelio bought the property from Dalman who, in turn, bought the same from Gil in 1951. Gi allegedly purchased the property from Remegia the sale of which was evidenced by the joint affidavit of confirmation of sale that Remegia and her uncle purportedly executed before a notary public in 1965. Aurelio then filed a petition for the issuance of a new owner’s duplicate copy of TCT No. T-8502 because when they asked Remegia about it, she claimed it had been lost. A petition for partial cancellation of the said TCT was granted and TCT No. 17993 was issued in Aurelio’s name They also allege that they and their predecessorsin-interest have been occupying the said property since 1947, openly, publicly, adversely, and continuously or for 41 years already.  ISSUE:  Who is the real owner of the subject lot?  HELD: Remegia is the real owner.

With respect to the claim of acquisitive prescription, it is baseless when the land involved is a registered land since no title to registered land in derogation of that of the

registered owner shall be acquired by adverse possession. Consequently, proof of possession by the Zaldivars is both immaterial and inconsequential.

Neither can the spouses rely on the princ iple of indefeasibility of TCT No. 17993 by virtue of the fact that TCT No. 8502 in the name of Remegia has remained valid. Remegia’s title, thus prevails over Aurelio’s, especially considering that the latter was correctly nullified b y the RTC Page 280 of 297

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as it emanated from the new owner’s duplicate TCT No. 8502, which, in turn, was procured by  Au rel io th roug h f raudu lent means . Laches has not set in against Remegia as she

NO. While, it is a familiar doctrine that a forged or fraudulent document may become the root of a valid title, if the property has already been transferred from the name of the owner to that of the forger, the same is not true. This doctrine

merely occupation by the Zaldivarstolerated of the the subject lot. Therefore, Remegia’s right to recover possession was never barred by laches.

serves to emphasize that a person who deals with registered property in good faith will acquire good title from a forger and be absolutely protected by a Torrens title.

Certificate of title not subject to collateral attack a. Sec. 48 of PD 1529  provides that “a certificate of title shall not be subject to collateral attack. It cannot be altered, modified, or cancelled except in a direct proceeding in accordance with the law.”  Tor rens Certificate presumed valid and

It cannot be overemphasized that respondent Bank, being in the business of extending loans secured by real estate mortgage, is familiar with rules on land registration. As such, it was, as here expected to exercise more care and prudence than private individuals in their dealing with registered lands. Accordingly, given inter alia  the suspicionprovoking presence of occupants other than the owner on the land to be mortgaged, it behooved respondent Bank to conduct a more exhaustive investigation on the history of the mortgagor’s title That respondent Bank accepted in mortgage the property in question notwithstanding the existence of structures on the property and which were in actual, visible and public possession of a person other than the mortgagor, constitutes gross negligence amounting to bad faith.

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5.

dev of flaws RULE: Torrens Certificate of a. oid GENERAL Title is presumed to have been regularly issued, valid, and without defects. The buyer has the right to rely upon the face of the Torrens title and dispense with the trouble of inquiring further. b. EXCEPTION:  When he has actual knowledge of facts and circumstances that would impel a reasonably cautious man to make inquiry. Erasusta, Jr. v. CA, GR No. 149231, July 17, 2006 FACTS:  Lucena de los Reyes (petitioner’s mother) sold 2 lots to Fortunato Amorin. Amorin took possession of such properties. Later, however, Pacific Bank demanded that the Amorins vacate the properties, claiming that such property had been foreclosed by such Bank. As it turned out De Los Reyes was deceived by a certain Benjamin Valenzuela, to whom she entrusted the documents evidencing her rights over the lots, the latter fraudulently transferred the rights over the lots to his name. Valenzuela mortgaged such properties to Pacific Bank. Respondent Bank foreclosed and bought the properties. The Amorins filed an action for Recovery of Ownership with Damages. CA QuickTime™ a declared respondent Bank an and innocent purchaser TIFF (Uncompressed) decompressor  needed to see this picture. for value entitled toarethe protection of the law with a better right over the lots than the Amorins. ISSUE:  Whether or not the Bank is an innocent purchaser for value whose title must be upheld.  HELD:

In the absence of such inquiry, the respondent Bank cannot and should not be regarded as a mortgagee/purchaser in good faith.  6.  

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General incidents o f registered land Registered land or the owners thereof are not relieved from the following: a. From any rights incident to the relation of husband and wife, landlord and tenant b. From liability to attachment or levy on execution c. From liability to any lien of any description established by law on the land and buildings thereon, or in the interest of the owner in such land or buildings d. From any right or liability that may arise due to change of the law on descent e. From the rights of partition between coowners f. From the right of the government to take the land by eminent domain g. From liability to be recovered by an assignee in insolvency or trustee in bankruptcy under the laws relative to preferences h. From any other rights or liabilities Page 281 of 297

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created by law and applicable to unregistered land Wher e certificate o f title is obtained by a tr ustee a. Trustee who obtains a Torrens title in his

b.

na over property held in trust himt forme, another cannot repudiate thebytrus relying on the registrations, such being one of the limitations upon the finality of title  Trustee could not perforce legally convey ownership of the registered property in her will for she is not the absolute owner thereof  

  SUBSEQUENT REGISTRATION   Wher e incidental matters after   original registration may be brought before the land registration court by way of motion or petition filed by the registered owner or a party in interest.   Rules as to the necessity and effects of registration in general 1. Except a will that purports to convey or affect a registered land, the mere execution of the deeds of sale, mortgage, or lease or other voluntary documents serve only 2 purposes: a. as a contract between the parties thereto, and b. as evidence of authority to the ROD to register such documents 2. It is only the act of registering the instrument in the ROD of the province or city where the land lies which is the operative act that conveys ownership or affects the land insofar as third persons are concerned. 3. The act of registration creates a constructive notice to the whole world of such voluntary or involuntary instrument or court writ or pr ocess. •

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• Sale • Real property mortgage • Lease • Pacto de retro sale • Extra-judicial settlement • Free patent/homestead • Powers of attorney • Trusts  An innocent purchaser for value of registered land becomes the registered owner the moment he presents and files a duly notarized and valid deed of sale and the same is entered in same the day book and at the time he surrenders or presents the owner’s duplicate certificate of title covering the land sold and pays the registration fees Need to present title to record the deed in registry & to make memorandum on title

been executed even without his knowledge or against his consent • Attachment • Injunction • Mandamus • Sale on execution of  judgment or sales for taxes • Adverse claims • Notice of lis pendens  Entry thereof in the day book of the ROD is sufficient notice to all persons even if the owner’s duplicate certificate of title is n ot presented to the ROD

No presentation required; annotation in entry book is sufficient

VOLUNTARY  DEALINGS Operative A ct: registration by owner, if deed is not registered, it is binding only between parties   GENERAL RULE: Where 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 no required to explore further than what the Torrens title upon its face indicates in quest for any hidden defect or inchoate right that may defeat his right thereto (Fule v. Legare, 7 SCRA 351 [1963]).    Every person dealing with registered land may safely rely on the correctness of the certificate of title issued therefore and the law will in no way oblige him to g o behind the certificate to determine the condition of the property. Even i a decree in a registration proceeding is infected with nullity, still, an innocent purchaser for value relying on a Torrens title issued in pursuance thereof is protected (Cruz v. CA & Suzara, 281 SCRA 491 [1997]).     Although generally a forged or fraudulent deed is a nullity and conveys no title, however, there are instances where such a fraudulen document may become the root of a valid title •

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VOLUNTARY INVOLUNTARY DEALINGS DEALINGS Refer to deeds, Ref er to such writ or QuickTime™ instruments, or orderand ora process issued TIFF (Uncompressed) decompressor   see thi picture. of record documents which areare needed toby ascourt results of the free and affecting registered land voluntary acts of the which by law should be parties thereto registered to be effective, and also to such instruments which are not the willful acts of  the registered owner and which may have

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One such instance is where the certificate of   title was already transferred from the name of the true owner to the forger, and while it remained that way, the land was subsequently sold to an innocent purchaser (Fule v. L egare,  

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7 SCRA 351 [1963]). EXCEPTIONS: BOB-IM-LK 1. Where the purchaser or mortgagee is a bank/financing institution, the general rule that a purchaser or mortgagee of the land is not required to look f urther than what appears on the face of the title does not apply (Dela Merced v. GSIS, 365 SCRA 1 [2001]).  2. The ruling in Fule v. Legare  cannot be applied where the owner still holds a valid and existing certificate of title covering the same property because the law protects the lawful holder of a registered title over the transfer of a vendor bereft of any transmissible right (Tomas v. Tomas, 98 SCRA 280 [1980]).  3. Purchaser in bad faith  (Egeo v. CA, 174 SCRA 484 [1989])  4. Sufficiently strong indications to impel closer inquiry into the location, boundaries, and condition of the lot (Francisco v. CA, 153 SCRA 330 [1987]). 5. Where a person buys land not from the registered owner but from one whose rights to the land has been merely annotated on the certificate of title  (Quiniano v. CA,  39 SCRA 221 [1971]).  6. Purchases land with a certificate of title containing a notice of lis pendens  7. Purchaser had full knowledge of flaws and defects in the title (Bernales v. IAC,  166 SCRA 519, [1988]). 

2.

(public instrument) Registration with ROD where the land lies a. Present deed of mortgage together with b. Owner’s Duplicate and affidavit of good faith c. d.

3.

Payment fees upon original certificate o ROD shallofenter title and upon duplicate a memorandum (date, time of filing, signature, file numbe assigned to deed) e. ROD to note on the deed the date and time of filing, and reference to volume and page of the registration book in which it was registered No duplicate need be issued 

REGISTR ATION OF CHATTEL MORTGAGE: 1. Execution of document 2. Present the document together with affidavit o good faith 3. Payment of fees 4. ROD enters in Day Book in strict order of their presentation chattel mortgages and other instruments relating ther eto (primary process) 5. ROD thereafter enters in a more detailed form the essential contents of the instrument in the Chattel Mortgage Register (complementary process)

EFFECT OF REGISTRATION: 1. Creates a lien that attaches to the property in favor of the mortgagee 2. Constructive notice of his interest in the property to the whole worl d

EFFECT OF FAILURE TO RE GISTER:     Valid between parties but void against 3rd persons   If instead of registration, it is delivered, it shal be a pledge and not a chattel mor tgage (if no chattel mortgage deed executed)    Actual knowledge is same effect as registration •

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PROCESS OF REGISTRATION: (GENERALLY) 1. File the instrument creating or transferring the interest and the certificate of title with ROD, including: a. Owner’s duplicate b. Payment of fees and documentary stamp tax Evidence of full payment QuickTime™ andof a real estate tax TIFF (Uncompressed) decompressor  are needed to ser: ee this Document of transf  1picture. additional copy for city/provincial assessor ROD shall make a memorandum on the certificate of title, signed by him Issuance of the TCT c. d. 2. 3.

REGISTRATION OF REAL PROPERTY MORTGAGE: 1. Execution of deed in  a form sufficient in law

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 AFFID AVIT OF GOOD FAITH:    Statement that: 1. Mortgage is made to secure obligation specified 2. That it is a valid and just obligation 3. That it is not entered into for purposes of fraud •

EFFECT OF AB SENCE OF AFFIDAVIT OF GOOD FAITH:   Vitiates mortgage as against creditors and subsequent encumbrancers   Mortgage is not valid as between parties •

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No need to be in public document

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REGISTRATION OF LEASE   It is the lessee, not the lessor, who is required to initiate the registration. •

1. File with ROD the instrument creating lease together with owner’s duplicate of certificate of title 2. ROD to register by way of memorandum upon certificate of title 3. No new certificate shall be issued NOTE:  When there is prohibition in mortgaged pr operty as regards subsequent conveyances, etc., leasehold cannot be registered in the title thereof EFFECT OF REGISTRATION: 1. Creates a real right but without prejudice to rights rd

 persons 2. If itofis3 not registered, it is valid as between partie s rd but not to 3 persons without notice   M AY AL IENS REGISTER LEASE? YES 1. May be granted temporary rights for residential purposes 2. Limit: 25 years, renewable for another 25 years   WHO ELSE MAY REGISTER? Builder in Good Faith   REGISTRATION OF TRUST 1. Implied Trust: present a sworn statement claiming interest by reason of an implied trust with description of land and reference to the number of certificate shall be registered in ROD 2. Express Trust: instrument creating the trust does not prohibit registration REGISTRATION OF APPOINTED TRUSTEE BY COURT   Certified copy of decree shall be presented to ROD and surrender duplicate certificate   Cancel duplicate & new certificate shall be entered by ROD •

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QuickTime™ and a INVOLUNTARY DEALINGS: TIFF (Uncompressed) decompressor  needed to see this picture.   Transactions areaffecting land in which cooperation of registered owner is not needed, or even against his will •

REGISTRATION OF ATTACHMENT/OTHER LIENS: 1. Copy of writ in order t o preserve any lien, right or  attachment upon registered land may be filed with ROD where land lies, containing number of certificate of title of land to be aff ected or description of land 2. ROD to index attachment in names of both plaintiff and defendant or name of person for whom property is held or in whose name stands in the records 3. If duplicate of certificate of title is no presented: a. ROD shall, within 36 hours, send notice to registered owner by mail stating that there has been registration and request him to produce duplicate so that memorandum may be made b. If the owner neglects or refuses to comply the ROD shall report the matter to the court c. The court, after notice, shall enter an order to owner to surrender certificate at the time and place named therein 4.  Although notice of attachment is not noted in duplicate, notation in book of entry of ROD produces the effect of registration already.   EFFECTS OF REGISTRATION OF ATTACHMENT: REEA 1. Creates r eal right 2. Has priority over execution sale 3. But between 2 attachments, one that is earlier in registration is preferred 4. If it is not registered, actual knowledge is the same as registration   2. EXECUTION SALE   To enforce a lien of any description on registered land, any execution or affidavit to •

 

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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 plaintif f Kinds: a. Preliminary b. Garnishment c. Levy on execution

enforce such lien shall be filed with ROD where land lies Register in registration book & memorandum upon proper certificate of title as adverse claim or as an encumbrance To determine preferential rights between 2 liens: priority of r egistration of attachment

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a.

TAX SALE   Sale of land for collection of delinquen taxes and penalties due the government •

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In personam (all persons interested shall be notified so that they are given an opportunity to be heard) Notice to be given to delinquent tax payer at his last known address

 A mere money claim cannot be registered as an adverse claim.  

Actual knowledge is equivalent to registration of adverse claim.

 

No 2   adverse claim based on the same ground may be registered by the same claimant.

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Publication of notice must also be made in English, Spanish, and local dialect, posted in a public and conspicuous place in the place where the property is situated and at the main entrance of the provincial building Sale cannot affect rights of other lien holders unless given the right to defend their rights: due process must be strictly observed Tax lien superior to an attachment There is no need to register a tax lien because it is automatically registered once the tax accrues But the sale of registered land to foreclose a tax lien needs t o be registered

PROCEDURE OF REGISTRATION OF TAX SA LE: 1. Officer’s return shall be submitted to the ROD together with the owner’s duplicate title 2. Register in the registration book 3. Memorandum shall be entered in the certificate as an adverse claim or encumbrance 4. After a period of redemption has expired and no redemption made (2 years from regi stration of title must be c ancelled and newauction title willsale), be issued Before the cancellation, notice shall be sent to registered owner, to ask him to surrender title and show cause why it shall not be cancelled

5.

3.  ADVERSE CLAIM Sajonas v. CA, 258 SCRA 79 (1996)   ADVERSE CLAIM  is a notice to third persons that someone is claiming an interest on th e property or has a better right than the registered owner thereof. The disputed land is subject to the outcome of the dispute.   

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Claim is adverse when: QuickTime™ and a 1. A claimant’s right or interest in registered TIFF (Uncompressed) decompressor  are needed to see this picture. land is adverse to the registered owner; 2. Such right arose subsequent to date of original registration 3. No other provision is made in the Decree for the registration of such right or claim (Sec. 70, PD 1529) 

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FORMAL REQUISITES OF AN ADVERSE CLAIM FOR PURPOSES OF REGISTRATION: WNR a. Adverse claimant must state the following in w riting:  1. his alleged right or interest  2. how and under whom such alleged right or interest is acquired 3. the description of the land in which the righ or interest is claimed  b. c.

4. the certificate title number    and sworn to Such statementofmust be signed before a notary public  Claimant shall state his r esidence or place to which all notices may be served upon him 

NOTE: Noncompliance with said formal requisites renders such adverse claim non-registrable and ineffective.   PERIOD OF EFFECTIVITY; WHEN CANCELLED   The adverse claim shall be effective for a period of 30 days from the date of registration and it may be cancelled: a. After the lapse of 30 days, upon the filing by the party-in-interest of a verified petition for such purpose b. Before the lapse of said 30 days, upon the filing by the claimant of a sworn petition withdrawing his adverse claim c. Before the lapse of the 30-day period when a party-in-interest files a petition in the proper RTC for the cancellation of the adverse claim and, after notice and hearing, the court finds that the claim is invalid. If the court also finds the claim to be frivolous, it may fine the claimant the amount of not less than 1,000 pesos nor more than 5,000 pesos, in its discretion •

Diaz-Duarte v. Ong, 298 SCRA 388 (1998)  For this purpose, the interested party must file with the proper court a petition for cancellation of adverse claim, and a hearing must also first be conducted The Register of Deeds cannot on its own automatically cancel the adverse claim. 

Sanchez v. CA, 69 SCRA 327 (1976)

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Ty Sin Tei v. Dy Piao, 103 Phil 858, G.R. No. 11271, May 28, 1958  An adverse claim may exist concurrently with a subsequent annotation of a notice of lis pendens. Villaflor v. Juezan, 184 SCRA 315 (1990) When an adverse claim exists concurrently with a notice of lis pendens, the notice of adverse claim may be validly cancelled after the registration of such notice, since the notice of lis pendens also serves the purpose of the adverse claim.

NOTICE OF LIS PENDENS  Heirs of Marasig an v. IAC, 152 SCRA 253 (1987) The purpose of the notice of lis pendens is to constructively advise, or warn all people who deal with the property that they so deal with it at their own risk, and whatever rights they may acquire in the property in any voluntary transaction are subject to the results of the action, and may well be inferior and subordinate to those which may be finally determined and laid down therein.    It merely creates a contingency and not a lien 4. 

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WHEN NOTICE OF LIS PENDENS IS PROPER: RQCPO 1. To r ecover possession of real estate 2. To quiet title thereto 3. To remove clouds upon the title thereof 4. For  partition, and 5. Any other proceeding of any kind in court directly affecting the title to the land or the use of occupation thereof or the building ther eon.   EFFECT OF REGISTRATION: 1. Impossibility of alienating the property in dispute during the pendency of the suit 2. It may still be alienated but the purchaser is subject to the final outcome of pending suit 3. ROD is duty-bound to carry over notice of lis pendens on all new titles to be issued

5.

L IS PENDENS HAS NO APPLICATION TO THE FOLL OWING: 1. Preliminary attachment 2. Proceedings for the probate of wills 3. Levies on execution 4. Proceedings for administration of estate of deceased persons and 5. Proceedings in which the only ob ject is the recovery of a money judgment

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 ROD where the property of debtor lies   Assignee elected or appointed by court shall be entitled to entry of a new certificate of registered land upon presentment of copy of assignment with the bankrupt’s duplicate certificate of title   New certificate shall not state that it is entered to him as assignee or trustee in insolvency proceedings •

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Judgment/Order Vacating Insol vency Pro ceedings   Order shall also be r egistered   Surrender title issued in name o assignee & debtor shall be entitled to entry of new certificate • •

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3.

4.

Before final judgment, the court may order the cancellation: QuickTime™ and a TIFF (Uncompressed) decompressor  After showing that notice ispicture. only for purpose of are needed to see this molesting an adverse party When it is shown that it is not necessary to protect the right of the party who caused the registration thereof When the consequences of the trial are unnecessarily delaying the determination of the case to the prejudice of the other party ROD may also cancel by verified petition of

GOVERNMENT IN EMINENT DOMAIN   Copy of judgment filed in ROD which states description of property, certificate number, interest expropriated, nature o public use   Memorandum shall be made or new certificate of title shall be issued •

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CANCELLA TION OF LIS PENDENS: M-NUVD •

party who caused such registration Deemed cancelled when certificate issued by clerk of court stating manner of disposal o proceeding is registered

CADASTRAL REGISTRATION is a proceeding in rem initiated by the filing of a petition for registration by the government, not by the persons claim ing ownership of the land subject thereof, and the latter are, on the pain of losing their claim thereto, in effect, compelled to go to court to make known their claim or interest therein and to substantiate such claim or interest   The government does not seek registration o the land in its own name •

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The objective of the proceeding is the ad judication of title to the lands involved in the proceeding

Purpose

PROCEDURE: NN-CP-PAHD-DI 1.

2.

3. 4. 5. 6. 7. 8. 9.

Notice cadastral survey published OG andof posted in conspicuous placeonce with in a copy furnished to the mayor and barangay  captain Notice of date of survey by the Bureau of Land Management and posting in bulletin board of the municipal building of the municipality or barrio, and he shall mark the boundaries of the lands by monuments set-up in proper places thereon Cadastral survey Filing of petition Publication (twice in successive issues of OG), mailing, posting Filing of answer Hearing of the case Decision Issuance of the decree and certificate of title

Person who requests the survey Effect of  judgment

Petitioner comes to court to confirm his title and seeks the registration

Government asks the court to settle and adjudicate the title of the land

of the land in his name Landowner

Government

• no adverse claim • if the applicant fails to prove his title, his application may be dismissed without

• if none of the applicants can prove that he is entitled to the land, the same shall be declared public (res judicata)

prejudice (no res judicata)

PATENTS CLASSIFICATION OF LA ND OF PUBLIC DOMAIN:   The classification is the exclusive prerogative of executive and not by judiciary   Anyone who applies for confirmation o imper fect title has the burden of proof to overcome the presumption that the land sought to be registered forms part of public domain (Regalian doctrine) •

NOTE: The cadastral court is not limited to mere adjudication of ownership in favor of one or more claimants. If there are no successful claimants, the property is declared public land. Additionally, while the court has no jurisdiction to adjudicate lands already covered by a Certificate of Title, it is nonetheless true that this rule only applies where there exists no serious controversy as to the certificate’s authenticity vis-à-vis  the land covered therein (Republ ic v. Vera, 120 SCRA 210 [1983]). 

Nature  Applicant Lands covered

Parties

PD 1529 Voluntary Landowner

Cadastr al Compulsory Director of Lands • all classes of lands are included

• usually involves pr ivate land • it may also refer to public agricultural lands if the object ofQuickTim the e™ and a TIFF (Uncompressed) decompressor  are needed action is to see this picture. confirmation of  an imperfect title Applicant and Government, opponent Landowners must come to court as claimants of their own lands

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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/disposable: a. Agricultural b. Residential, commercial, industrial c. Educational, charitable d. Town sites and for public and quasipublic uses 2. Timber lands: inalienable 3. Mineral lands: inalienable   If patent or title is issued, it is void ab initio for lack of jurisdiction   It is not subject to acquisitive prescription even if in possession for long time, it wil not ripen into ownership   Except:  mineral lands and forest lands acquired before inauguration o Commonwealth in November 15, 1935 because there are vested rights which are protected •

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  FISHPONDS   Befor e:  It was included in the definition of agriculture, therefore the conversion of agricultural land to fishponds did not change

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

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character of land Now:  It has a restricted meaning; Fishponds have a distinct category and cannot be alienated but may be leased from government

 

E RRING TO HOMESTEADER NOT BARRED BY PAR DELIC   Pari delicto  rule does not apply in void contracts   Violation of prohibition results in void contract   Action to recover does not prescribe •

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WHEN GOVERNMENT GRANT DEEMED  A CQUIRED BY OPERATION OF LAW: 1. Deed of conveyance issued by government patent/grant 2. Registered with the ROD: mandatory, it is the operative act to convey and transfer ti tle 3. Actual physical possession, open and continuous •

 

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KINDS HOMESTEAD PATENT

Land ceased tovests be part of public domain & now ownership to the grantee Any further grant by Government on same land is null and void Upon registration, title is indefeasible

 

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TITLE ISSUED PURSUANT TO REGISTRA TION OF PA TENT: 1. Indefeasible when registered, and deemed incorporated with Torrens system 1 year after the issuance of patent 2. May not be opened 1 year after entry by LRA (otherwise, confusion and uncertainty on the government system of the distribution of public lands may arise and this must be avoided) Except: if it is annullable on ground of fraud, then it may be reopened even after 1 year because registration does not shield bad faith   The court, in the exercise of its equity  jurisdiction, may direct reconveyance even without ordering cancellation of title •

HOMESTEAD 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 QuickTime™ and a 3. Subject to repurchase ofdechompressor  eirs within 5 years TIFF (Uncompressed) are needed to see this picture. after alienation when allowed already 4. No private corporation, partnership, association may lease land unless it is solely for commercial, industrial, educational, religious or charitable purpose, or right of way (subject to consent of grantee and approval of S ecretary of Environment & Natural Resources) EXCEPTIONS:

TO WHOM GRANTED To any Filipino citizen over the age of 18 years ora head of family

FREE PATENT

To any natural born citizen of the Philippines (filing ended Dec. 31, 2000)

REQUIREMENTS

• does not own more than 12 hectares of land in the Philippines or

has notof had the benefit any gratuitous allotment of more than 12 hectares • must have resided continuously for at least 1 year in the municipality where the land is situated • must have cultivated at least 1/5 of the land applied for • does not own more than 12 hectares of land • has continuously occupied and cultivated, either by himself or his predecessors-ininterest, tracts of disposable agricultural public land for at least 30 years prior to March 28,1990 • paid real property taxes on the property while the same has not been occupied by any person • grant will be limited to 12 hectares only

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SALES PATENT

Citizens of the Philippines of lawful age or head of the

• to have at least 1/5 of the land broken and cultivated within 5 years from the

resided therein • no public auction required • not subject to any restriction

date of auction) the award (public • shall have established actual occupancy, cultivation, and improvement of at least 1/5 of the land until the date of such final payment • for agricultural lands suitable for residential, commercial or industrial purposes, patent is issued only after: 1.) full payment of purchase price, and 2.) completion of the construction of permanent improvements appropriate for purpose for which the land is purchased (must be completed within 18 months from date of award) To any • does not own a citizen of home lot in the legal age for municipality in residential which he resides purposes • in good faith, established his residence on a QuickTime™ and a parcel of land of TIFF (Uncompressed) decompressor  are needed to see this ppublic icture. domain not needed for public service • not more than 1000 sq. m. • occupant must have constructed his house on the land and actually

against encumbrance or alienation • Secretary of the DILG shall certify that the majority of the non-Christian inhabitants of any given reservation have advanced sufficiently in civilization

family may purchase public agricultural land of not more than 12 hectares

SPECIAL PATENT

To NonChristian Filipinos under the Public Land  Act

PROCEDURE LANDS: IFEFI FOR REGISTRATION OF PUBLIC 1. Official issues an instrument of conveyance 2. File the instrument with ROD 3. Instrument is to be entered in books and owner’s duplicate to be issued   Instrument is only a contract between Government and private person and does not take effect as conveyance i unregistered, it is registration which is operative act of conveying land; evidence of authority for ROD to register 4. Fees to be paid by grantee 5. After issuance of certificate of title, land is deemed registered land within the purview of the Torrens system •

RESTRICTION ON ALIENATION/ENCUMBRANCE OF LANDS TITLED PURSUANT TO PATENTS: 1. Lands under free patent or homestead patent is prohibited from being alienated/encumbered except if in favor of the government, within 5 years from and after the issuance of the paten or grant (Republic v. Heirs of Felipe Aleja ga Sr., 393 SCRA 361 [2002])  2. Transfer or conveyance of any homestead afte 5 years and before 25 years after the issuance of the title without the approval of the DENR Secretary 3. Lands acquired under emancipation patents issued to landless tenants and farmers mus not be alienated or encumbered within 10 years from issuance of the title 4. Conveyances and encumbrances made by persons belonging to the “non-Christian tribes” may be made only when the person making the conveyance or encumbrance is able to read and understand the language in which the Page 289 of 297

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instrument or deed is written. If illiterate, must be approved by the then Commissioner of Mindanao and Sulu   NATURE

OF

TITLE

TO

PUBLIC

LANDS

REMEDIES AVAILABLE TO AGGRIEVED PARTY IN REGISTRATION PROCEEDINGS MOTION TO • before judgment LIFT/SET ASIDE • FAME and with valid defense ORDER OF DEFAULT  • under oath

CONV EYED: INDEFEASIBLE AND   In absence of registration, titleCONCLUSIVE to public land is not perfected and therefore not indefeasible   In case of 2 titles obtained on same date, the one procured through a decree of registration is superior than patent issued by director o f lands   2 titles procured by one person: one fro m homestead patent, and one from judicial decree and sold to 2 different persons, the one who bought it for value and in good faith and who registered first shall have preference

MOTION FOR NEW TRIAL 

Republic 361 (2002)v. Heirs of Felipe Alejaga, Sr. 393 SCRA  A free patent obtained through fraud or misrepresentation is void. Furthermore, the one-year prescriptive period provided in the Public Land Act does not bar the State from asking for the reversion of property acquired through such means.

 APPEAL 

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Once a patent is registered and the corresponding certificate of title issued, the land covered by them ceases to be part of the public domain and becomes private property. Further, the Torrens Title issued pursuant to the patent becomes indefeasible a year after the issuance of the latter. However, this indefeasibility of a title does not attach to titles secured by fraud and misrepresentation. Well-settled is the doctrine that the registration of a patent under the Torrens System does not by itself vest title; it merely confirms the registrant’s already existing one. Verily, registration under the Torrens System is not a mode of acquiring ownership. Therefore, under Section 101 of Commonwealth Act No. 141, the State -- even after the lapse of one year -- may still bring an action for the reversion to the public domain of land that has been fraudulently granted to private individuals. Further, this indefeasibility cannot be a bar to an investigation by QuickTime™ and a the State as to howTIFF the title has been acquired, if the (Uncompressed) decompressor  are needed to see this picture. purpose of the investigation is to determine whether fraud has in fact been committed in securing the title. Section 118 of Commonwealth Act No. 141 proscribes the encumbrance of a parcel of land acquired under a free patent or homestead within five years from its grant. The prohibition against any alienation or encumbrance of the land grant is a proviso attached to the approval of every application.

RELIEF FROM JUDGMENT 

PETITION FOR REVIEW OF REGISTRATION DECREE 

• 15 days from notice of  judgment GROUNDS :  a. Fraud, accident, mistake, excusable negligence (FAME) which ordinary prudence could not have guarded against b. Newly discovered evidence c.  Award of excessive damages, or insufficiency of evidence to justify decision, or that the decision is against the law • 15 days from notice of  judgment • To the CA/SC  • 60 days after petitioner l earns of judgment, but not more than 6 months after judgment was entered REQUISITES: a. FAME, with affidavit of merit; in case of extrinsic fraud, state that deprived of hearing or prevented from appealing b. After judgment c. Person deprived of right is party to case • Within 1 year after entry of decree of registration • it will not prosper if transferred to innocent purchaser for value GROUNDS: a. actual or extrinsic fraud, committed outside trial, preventing petitioner from presenting his side b. fatal infirmity in the decision for want of due process c. lack of jurisdiction of the court REQUISITES: a. Petitioner has a real and dominical right b. He has been deprived of such right c. Through actual or extrinsic fraud d. The petition is filed within 1 Page 290 of 297

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e.

year from the issuance of the decree The property has not been passed on to an innocent purchaser for value

d. e.

 ACTION FOR  RECONVEYANCE 

• available so long as property not yet passed to innocent purchaser for value • by aggrieved party, whose land was registered wrongly to another person • before issuance of decree, o r within/after 1 year from entry • action in personam • if based on implied trust, it must be instituted within 10 years, and imprescriptible if by registered owner or his children, co-heir, or plaintiff in possession • if based on expressed trust and void contract, imprescriptible • if based on fraud, it must be instituted within 4 years from the discovery of the fraud  RECOVERY FOR REQUISITES: D AMAGES  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 (after 1 year from decree) d. Action for compensation has not prescribed  ACTION FOR REQUISITES: COMPENSATION a. The aggrieved party FROM THE sustained loss or damage,  ASSURANCE FUND* or is deprived land or any estate or interest therein b. Such loss, damage or deprivation was occasioned by the bringing of the land QuickTime™ andoperation a under the of the TIFF (Uncompressed) decompressor  are neeTorrens ded to see this system picture. or arose after the original registr ation of the land c. The loss, damage or deprivation was due to fraud, or any error, omission, mistake, or misdescription in any certificate of title or in any

f.

g.

C ANCELLATION SUITS 

 

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•

 

•

 

•

 

•

 ANNULMENT OF JUDGMENT 

REVERSION SUIT 

 

•

 

•

entry or memorandum in the registration book There was no negligence on his part He is barred or precluded

under the provisions 1529 or under the of PD provisions of any law from bringing an action for the recovery of such land or the estate or interest therein; The action has not prescribed: must be instituted within a period of 6 years from the time the right to bring such action first occurred-which is the date of issue of the certificate of title Execution first against person responsible for fraud; if insolvent, against national treasury Where 2 certificates are issued to different persons covering the same land, the title earlier in date must prevail, unless procured by fraud or is jurisdictionally flawed The later title should be declared null and void and ordered cancelled It is the aggrieved party th at institutes the action In case of non-registered land, must be filed by the OSG for cancellation of title or reversion to State Voiding or cancellation of OCT does not affect derivative TCTs if their holders not given opportunity to be heard and defend their title May only be availed of when the ordinary remedies of new trial, petition for relief, or other appropriate remedies are no l onger available through no fault of the petitioner (Linzag v. CA, 291 SCRA 304 [1998]).  The objective is the Page 291 of 297

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cancellation of the certificate of title and the consequential reversion of the land covered in the land grant to the State •

 

GROUNDS : a. Violation of Sections 118, 120, 121 and 122 of the Public Land Act (ex. alienation or sale of homestead executed  within the 5 year prohibitory period)  b. When land patented and titled is not capable of registration c. Failure of the grantee to comply with conditions

imposed bytolaw to entitle him a patent or grant d. When area is an expanded area e. When the land is acquired in violation of the Constitution (e.g. land acquired by an alien)   Indefeasibility of title, prescription, laches, and estoppel do not bar reversion suits QUIETING OF TITLE    Brought to remove clouds on the 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, effective, voidable or unenforceable, and may be prejudicial to said title (Art. 476, Civil Code)    An ordinary civil remedy QuickTime™ and a    Aside from the registered TIFF (Unco mpressed) decompressor  are needed to see this picture. owner, a person who has an equitable right or interest in the property may likewise file such action (Mamadsu l v. Moso n, 190 SCRA 82 [1990])    Imprescriptible if plaintiff is in possession; if not, must •

•

• •

•

CRIMINAL ACTION 

 

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be brought within 10 years from loss of possession The State may crim inally prosecute for perjury the party who obtains registration through fraud, such as by stating false assertions in the sworn answer required of applicants in cadastral proceedings (People v. Cainglet, 16 SCRA 749 [1966] ) 

 ASSURANCE FUND    State creates a fund for the compensation o persons injured by divesting/cutting off of rights due to the indefensibility of title; following tha •

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•

 

•

 

•

act registration Stateoftransfers title is operative act by which It is created to relieve innocent persons from harshness of doctrine that certificate of title is conclusive evidence of an indefeasible title to land. Upon entry of certificate in name of owner o TCT, ¼ of 1% shall be paid to the ROD based on assessed value of land as a contribution to the assurance fund If there is yet no assessment, a sworn declaration of 2 disinterested persons on the value of the land, subject to determination by

court, required. Moneyisshall be in the custody of the Nationa Treasurer who shall invest it until principal plus interest aggregates to 500,000. The excess shall be paid to the Assurance Fund and be included in the annual report of Treasurer to Secretary of Budget

WHO IS ENTITLED: 1. Claimant must be owner, purchaser or encumbrancer in good faith who suffered actual damage by loss of land. In short, he is deprived of his land or interest therein 2. No negligence attributable to him 3. Claimant is barred from filing action to recover said land 4.  Action to recover from assurance fund has not prescribed

LOS S/DAMAGES SHOULD NOT B E DUE TO FOLLOWING REASONS: 1. Breach of trust 2. Mistake in resurvey resulting in expansion o area in certificate of title

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LOSS/DAMAGES SHOULD BE DUE TO THE FOLLOWING REASONS: 1. Omission, mistake, misfeasance of ROD or clerk of court

 

•

rd

2. of 3 persons as owner 3. Registration Mistake, omission, misdescription in 4. certificate of title, duplicate or entry in books 5. Cancellation

 

•

2.

title After notice and hearing, the court is to order issuance of new title with memorandum that it is issued in place o lost certificate (duplicate)

If false statement, he can be charged with the complex crime of estafa through falsification of public document

ADVERSE CLAIM IN REGISTERED LAND   Different from lis pendens:   Lis pendens  has no expiration period but adverse claim is only for 30 days:   Lis pendens  is a notice that property is in litigation while adverse claim signifies tha somebody is claiming better right   Recent ruling: adverse claim can only be removed upon court order, therefore, it is •

 AG AIN ST WHOM ACTION IS FILED: 1. Action due to deprivation of land due to mistake, negligence, omission of ROD, etc: ROD and National Treasurer as defendants; Sol-Gen must appear 2. Private persons involved should also be impleaded LIABILITY: 1. Satisfy claims from private persons first 2. When unsatisfied: secondarily liable is the National Treasurer who shall pay through the assurance fund; thereafter Government shall be subrogated to rights of plaintiff to go against other parties or securities

MEASURE OF DAMAGES:   Based on amount not greater than fair market value of land   Amount to be recovered not limited to 500,000 which is maintained as standing fund   If fund is not sufficient, National Treasurer is authorized to make up for deficiency from other funds available to Treasury even if not appropriated •

•

•

•

•

considered to be the more permanent and stable one as compared to lis pendens

3.  PETITION SEEKING SURRENDER OF DUPLICATE TITLE   In voluntary and involuntary conveyances when the duplicate cannot be produced the party must petition the court to compe the surrender of duplicate certificate of title to ROD   After hearing, the court may order issuance of a new certificate and annul the old certificate •

•

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The newn regarding certificatetheshall contain an annotatio annulment of the old certificate

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WHERE AND WHEN TO FILE ACTION AGAINST  ASSUR ANCE FUND: 1.  Any court of competent jurisdiction: RTC in city where property lies or resident of plaintiff 2. Action prescribes in 6 years from time plaintiff actually suffered loss 3. If plaintiff is minor, insane or imprisoned, he a has additional 2QuickTime™ years andafter disability is TIFF (Uncompressed) decompressor  this picture.notwithstanding removed toare needed file to see action expiration of regular period PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION:  1. L OST DUPLICATE CERTIFICATE   Sworn statement that certificate is lost to be filed by person in interest with ROD   Petition to court for the issuance of new •

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4.   AM ENDMENT AND AL TERATION OF CERTIFICATE OF TITLE     A certificate of title cannot be altered amended except in direct proceeding in court; summary proceeding   Entries in registration books ar e no allowed to be altered except by order o court   Grounds: •

•

•

1. 2. 3. 4. 5. 6. 7.

Newinstrument interest that appear on the havedoes beennot created Interest have been terminated or ceased Omission or error was made in entering certificate Name of person on certificate has b een changed Register ed owner has married Marriage has terminated Corporation which owner registered Page 293 of 297

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Civil Law Summer Reviewer  ATENEO CENTRAL BAR OPERATIONS 2007 

8.

land has dissolved and has not conveyed the property within 3 years after its dissolution What corrections are permitted in title (which does not include lands included

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in as long asoriginal; originaltechnical decree description of registration will not be reopened and ri ghts or interest of persons not impaired; old survey was incorrect; substitution of name of registered owner) a. b.

encumbrance containing description of property covered by the certificate of title and on file with the ROD, or an au thenticated copy thereof indicating that its original had been registered f.  Any other document which, in the  judgment of the court, is sufficien and proper basis for reconstitution. 2. FOR TCT a. Same as sources a, b, and c fo reconstitution of OCT b. Deed of transfer or other documen containing description of property covered by TCT and on file with the ROD, or an authenticated copy thereof indicating its original had been registered and pursuant to which the lost or destroyed certificate of title was issued c. Same as sources (e) and (f) fo reconstitution of OCT b.  Ad m inistrative   May be availed of only in case of: 1. Substantial loss or destruction of the original land titles due to fire, flood, or other force majeure  as determined by the  Administrator of the LRA 2. The number of certificates of title lost or damaged should be at least 10% of the tota number in the possession of the Office of the ROD 3. In no case shall the number o certificates of title lost or damaged be less than 500 and 4. Petitioner must have the duplicate copy of the certificate

Alterations which do not impair rights and Alterations which impair rights: with consent of all parties Alterations to correct obvious mistakes

c.   5.

RECONSTITUTION OF ORIGINAL CERTIFICATE OF TITLE    The restoration of the instrument which is supposed to have been lost or destroyed in its original form and condition, under the custody of ROD   Purpose: to have the same reproduced, after proper proceedings in the same form they were when the loss or destruction occurred (Heirs of Pedro Pinote v. Dulay, 187 SCRA 12 [1990])    As consequence of war, the records have been destroyed   When reconstituted, the new title have the same validity as old title   Kinds: a. Judicial   File a petition with the RTC   To be published in OG for 2 consecutive issues and on main entrance of municipality for at least 30 days before hearing   In rem proceedings   Court is to order reconstitution if it deemed fit; and issue an order to ROD   The lack of essential data is fatal •

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SOURCES OF JUDICIAL QuickTime™ and a TIFF (Uncompressed) decompressor  RECONSTITUTION OF TITLE are needed to see this picture. 1. FOR OCT (in this order):  a. Owner’s duplicate of the certificate of title b. Co-owner’s, mortgagee’s or lessee’s duplicate of said certificate c. Certified copy of such certificate, previously issued by the ROD

Authenticated copy of the decree of registration or patent, as the case may be, which was the basis of the certificate of title, Deed of mortgage, lease, o

of title (RA 6732)  NOTES:   The law provides for retroactive application thereof to cases 15 years immediately preceding 1989   When the duplicate title of the landowner is lost the pr oper petition is not reconstitution of title, bu one filed with the court for issuance of new title in lieu of the lost copy •

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La nds, Title s a nd De e ds Reviewe r (Ate ne o).pdf - slide pdf.c om

Civil Law Summer Reviewer  ATENEO CENTRAL BAR OPERATIONS 2007 

SOURCES FOR ADMINISTRATIVE RECONSTITUTION: a. Owner’s duplicate of the certificate of title b. Co-owner’s, mortgagee’s, or lessee’s duplicate of said certificate

reconstitution is issued without any previous publication as required by law, such order of reconstitution is null and void. Even the publication of the notice of hearing in a newspaper of genera circulation like the Manila Daily Bulletin, is not a

CONTENTS OF PETITION 1. That the owner’s duplicate of the certificate of title had been lost or destroyed 2. That no co-owner’s, mortgagor’s, or lessee’s duplicate had been issued 3. The location, area and boundaries of the property 4. The nature and description of the buildings or improvements, if any, which do not belong to the owner of the land, and the names and addresses of the owners of such buildings or improvements 5. The names and addresses of the (a) occupants or persons in possession of the property, (b) of the owners of the adjoining properties and (c) of all persons who may have any interest in the property 6.  A detailed description of the encumbrance, if any, affecting the property 7.  A statement that no deeds or other instruments affecting the property have been presented for registration, or, if there be any, the registration the reof has not been accomplished, as yet  

substantial compliance thenot law provide because for Section 13 specifies OG and with does any alternative medium or manner of publication.

PUBLIC ATION, MAILING AND POSTING IN PETITIONS FOR RECONSTITUTION OF TITLE:   Notice thereof shall be published twice in successive issues of the OG   Must be posted on the main entrance of the provincial building and of the municipa l building of the municipality or city where the land is situated   To be sent by registered mail or otherwise, at the expense of the petitioner, to every person named in said notice   This should be done at least 30 days prior to the date of hearing.

FACTS:

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MWSS v. Sison, 124 SCRA 394 (1983) QuickTime™ and a The publication of the petition indecompressor  2 successive issues TIFF (Uncompressed) are needed to see this picture. of the Official Gazette, the service of the notice of hearing to the adjoining owners and actual occupants of the land, as well as posting of the notices in the main entrance of the provincial and municipal buildings where the property lies at least 30 days prior to the date of the hearing, as prescribed by Section 13 of the law (RA 26), are mandatory and  juri sd icti on al requi si tes …  If an order if

Manila Railroad Company v. Moya, 215 Phil. 593 (1984) Notice must be actually sent or delivered to parties affected by the petition for reconstitution. The orde of reconstitution, therefore, having been issued without compliance with the said requirement, has never become final as it was null and void.

Puzon v, Sta. Lucia Realty and Developm ent, Inc.

353 SCRA 699 (2001) Service of notice of the petition for reconstitution filed under RA 26 to the occupants of the property, owners of the adjoining properties, and all persons who may have any interest in the property is not required if the petition is based on the owner’s duplicate certificate of title or on that of the co-owner’s, mortgagee’s, or lessee’s. Republic v. Sanchez, G,R, No. 146081, July 17 2006

Sanchez sought for reconstitution of titles alleged to have been destroyed by a fire which razed the Office of the ROD in June 1988. The reconstitution of the title is based on Sanchez’s duplicate title. They submitted to the RTC a Report allegedly signed by the Chief of the Reconstitution Division of the LRA stating that the technical description of the lot does not overlap previously plotted properties. Withou serving notices of the petition to adjoining owners the RTC then granted the petition for reconstitution  After the decision became final, LRA submitted to the Court another report claiming that the first report was fake and recommends that the RTC set aside its

decision. LRA also the notice of the petition should haveclaims been that served on adjoining owners as one of the jurisdictional requirements since the Authentic LRA Report found Sanchez’s title to be a fake title.

ISSUE: Whether the trial court acquired jurisdiction over the case HELD: Page 295 of 297

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La nds, Title s a nd De e ds Reviewe r (Ate ne o).pdf - slide pdf.c om

Civil Law Summer Reviewer  ATENEO CENTRAL BAR OPERATIONS 2007 

No.  The source of the petition for reconstitution in the case at bar was petitioner’s duplicate copies of the TCTs. As a general rule, Sections 9 and 10 of RA 26 will apply and not Sections 12 and 13. Section 9 and 10 or RA 26 require that 30 days before the hearing, (1) a notice be published in 2 successive issues of the OG at the expense of the petitioner, and (2) such notice be posted at the main entrances of the provincial building and of the municipal hall where the property is located. The notice shall state the following: (1) the number of the certificate of title, (2) the name of the registered owner, (3) the names of the interested parties appearing in the reconstituted certificate of titl e, (4) the location of the property, and (5) the date on which all persons having an interest in the property mu st appear and file such claims as they m ay have.  In petitions for reconstitution where the source is the owner’s duplicate copy, notices to adjoining owners and to actual occupants of the land are not required. But Puzon is not applicable here. There is no report from a pertinent government agency challenging the authenticity of the duplicate certificates of title presented in Puzon. Sections 12 and 13 of RA 26 must apply because the owner’s dupl icate is claimed by the LRA to be spuriou s. The failure to meet any of the necessary publication, notice of hearing and mailing requirements did not vest jurisdiction of the case to the court. Thus, the judgment rendered by the RTC is void and will never become binding or final as it is a nullity righ t from the very start. It may be challenged at any time. Feliciano v. Spouses Zaldivar, GR No. 162593. September 26, 2006  FACTS: Remigia Feliciano filed a complaint against the spouses Zaldivar for the declaration of nullity of TCT No. T-17993 and reconveyance of the property covered therein. The said title is registered in the QuickTime™ and a name of Aurelio Zaldivar. TIFF (Uncompressed) decompressor  are needed to see this picture.

Remigia alleged that she was the registered owner of a lot, part of which is that covered by the above TCT, and with TCT No. 8502. It was originally leased to Pio Dalman, Aurelio’s father-in-law. She attempted to mortgage the lot to Ignacio Gil, but the mortgage did not push through. She vehemently denies that she and her uncle never executed a joint affidavit

confirming the sale, and that TCT No. 8502 was never lost.

The Zaldivars, on the other hand, claimed that  Aurelio bought the property from Dalman who, in

turn, boughtthe theproperty same from Gil Remegia, in 1951. Gil purchased from theallegedly sale o which was evidenced by the joint affidavit of confirmation of sale that Remegia and her uncle purportedly executed before the notary public in 1965. Aurelio then filed a petition for the issuance of a new owner’s duplicate copy of TCT No. T-8502 because when they asked Remegia about it, she claimed it had been lost. A petition for partia cancellation of the said TCT was granted and TCT No. 17993 was issued in Aurelio’s name. They also allege that they and their predecessors-in-interes have been occupying the said property since 1947 openly, publicly, adversely, and continuously or for 41 years already.  ISSUE: Who is the real owner of the subject lot? 

HELD: Remegia is the real owner. The trial court correctly held that the CFI which granted Aurelio’s petition for issuance of new owner’s duplicate copy of TCT No. 8502 did not acquire jurisdiction. It has been consistently held that when the owner’s dupli cate certificate of title has not been lost, but is in fact in th e possession of another person, then the reconstituted certificate is void, because the court that rendered the decision had no jurisdiction Consequently, the issuance of TCT No. 17993 is also void, emanating as it did from the void TCT No. 8502 in Aurelio’s name. The indefeasibility of a Torrens title does not apply where fraud attended the issu ance of the title, such as when it was based on void d ocuments. 

6. REGISTRATION OF TRANSACTION EVIDENCED BY LOST DOCUMENT   ROD is forbidden to eff ect registration o lost or destroyed documents   Steps by interested parties: 1. Procure an authenticated copy of los or destroyed instrument 2. Secure an order from court •

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OFFENSES IN LAND REGISTRATION: 1. Larceny 2. Per jury: false statement under oath 3. Fraudulent procurement of certificate 4. Forgery Page 296 of 297

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La nds, Title s a nd De e ds Reviewe r (Ate ne o).pdf - slide pdf.c om

Civil Law Summer Reviewer  ATENEO CENTRAL BAR OPERATIONS 2007 

a. b. c.

Forging of seal in ROD, name, signature or handwriting of any officer of cour t of ROD Fraudulent stamping or assis tance in stamping Forging of handwriting, signature of

persons authorized to sign Use of any document which an impression of the seal of the ROD is forged Fraudulent sale: sale of mortgaged property under the misrepresentation that it is not encumbered; deceitful disposition of property as f ree from encumbrance d.

5.

  SYSTEM OF REGISTRATION UNREGISTERED LA NDS   

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System of registration for unregistered land under the Torrens System (Act 3344)

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Before: covers tary dealings Now: it includesvolun involuntary dealings rd Effect: if prospective, it binds 3   persons after registration but yields to better rights of 3rd  rd person prior to registration (limited effect to 3   parties) Reason: no strict investigation involved Subsequent dealings are also valid if recorded ROD keeps day book and a register, and an index system is also kept Procedure: 1. Presentment of instrument dealing in unregistered land 2. If found registthen er 3. If foundin order, defective, registration is refused writing his reason for refusal

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