Professional Documents
Culture Documents
C I V I L L AW ( L A N D T I T L E S )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
LAND TITLE – evidence of right of owner or extent of his interest, by which means he can
maintain control and as a rule assert right to exclusive possession and enjoyment of
property
DEED – instrument in writing which any real estate or interest therein is created,
alienated, mortgaged or assigned or by which title to any real estate may be affected in
law or equity
1. Grantor
2. Grantee
3. Words of grant
4. Description of property
5. Signature of grantor
6. Witnesses
TYPES OF ESTATES:
1. FREEHOLD ESTATE – indicates title of ownership
a. Fee simple – absolute title; conferred without limitation, qualification or
restriction
b. Fee tail – pass title to grantee & his heirs
c. Life state – held for duration of life of grantee
RECORDING – does not guarantee the title; need to examine other docs
PURPOSE OF REGISTRATION:
1. Serve as constructive notice
2. Prevent fraudulent claims
3. Protect interest of strangers to transaction
ADVANTAGES:
1. Abolishes endless fees
2. Eliminates repeated examination of titles
3. Reduces records enormously
4. Instantly reveals ownership
5. Protects against encumbrances not noted on the Torrens certificate
6. Makes fraud almost impossible
7. It assures
8. Keeps up the system without adding to burden of taxation; beneficiaries of the
system pay the fees
9. Eliminates tax titles
10. Gives eternal title as state ensures perpetuity
11. Furnishes state title insurance rather than private title insurance
12. Makes possible the transfer of titles or of loans within the compass of hours
instead of a matter of days
PURPOSE OF T ORRENS LAW: quiet title to land – once registered, owner might rest secure
NOTICE IN CONSPICUOUS PLACE IN LAND & BULLETIN BOARD OF MUNICIPALITY – 14 days before hearing
HEARING – within 7 days after publication in OG
– 25 – 90 days from date of order
REQUISITES OF OPPOSITION:
1. Set forth objections to the application
2. State interest claimed by oppositor
GENERAL DEFAULT
• If no person appears and answers within time prescribed
SPECIAL DEFAULT
• Party appears at initial hearing without having filed an answer and ask court for
time to file answer but failed to do so within period allowed
PROCEEDINGS FOR ORDINARY REGISTRATION (LAND REGISTRATION ACT) /PROCEEDING FOR JUDICIAL
CONFIRMATION OF IMPERFECT TITLE UNDER THE
PUBLIC LAND ACT
• There exist a title to be confirmed
• Land applied for belongs to the state
• Court may dismiss without prejudice to file new application
• Dismiss with prejudice
• Risk to have application denied without losing land
• Risk involves loss of land
JUDGMENT – decision of court constituting its opinion after taking into consideration the
evidence submitted
WRIT OF POSSESSION – order to sheriff to deliver the land to the successful party litigant; no
prescription
5
C I V I L L AW ( L A N D T I T L E S )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
1. Against loser
2. Against anyone unlawfully & adversely occupying
RES JUDICATA:
1. Former judgment must be final
2. Rendered by court having jurisdiction over subject matter & parties
3. Judgment on merits
4. Identity of parties, subject matter and causes of action
TORRENS TITLE – certificate of ownership issued under the Torrens System of registration
by the government through road naming & declaring owner in fee simple of property
described therein free from all liens except those expressly noted
6
C I V I L L AW ( L A N D T I T L E S )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
PROCESS:
1. Within 15 days from finality of order of judgment directing registration of title –
court to order Land registration Admin to issue decree of registration and
certificate of title
2. Clerk of court will send order of court & copies of judgment
3. Administrator to issue decree of registration & original & duplicate of OCT –
signed by Administrator, entered & file decree of registration in LRA
4. Send to Register of Deeds – original & duplicate of title & certificate for entry in
his registration book
5. Enter in record book, dated, signed, numbered & sealed – take effect upon date
of entry
6. Register of Deeds to send notice to registered owner ready for delivery after
payment of fees
7. Register of Deeds shall send duplicate & note on each certificate of title to
whom it is issued
8. Original copy to be filed in Register of Deeds; bound in consecutive order
ANNOTATIONS AT BACK OF CERTIFICATE – need court order; otherwise null & void
OPERATIVE ACT – registration by owner; deed not registered – binding only between
parties
PROCESS OF REGISTRATION:
1. File instrument creating or transferring interest and certificate of title with
Register of Deeds
a. Owner’s duplicate
b. Payment of fees & documentary stamp tax
c. Evidence of full payment of real estate tax
d. Document of transfer – 1 copy additional for city/provincial assessor
2. Register of Deeds shall make a memorandum on the certificate of title, signed
by him
3. Issue TCT
VOLUNTARY DEALINGS
• Need to present title – to record the deed in registry & to make memorandum on
title
INVOLUNTARY DEALINGS
• No presentation required; sufficient that annotation in entry book is sufficient
KINDS:
1. Conventional – agreed upon by parties
2. Legal – Created by operation of law
3. Judicial – results from a judgment
4. Equitable – pacto de retro in form but mortgage in essence
ESSENTIAL REQUISITES:
1. Constituted to secure fulfillment of principal obligation
2. Mortgagor be absolute owner of thing mortgaged
3. Person constituting mortgage has free disposal of property
SPECIAL CHARACTERISTICS:
1. Subject matter is realty
2. Real right – attaches to property wherever it is & whoever holds it
3. Accessory – presupposes existence of valid principal obligation; cannot stand
alone
4. Indivisibility – even if debt is divisible; mortgage is not
5. Inseparability – mortgage lien is inseparable from property
6. Retention of possession - mortgagor retains possession
SUBJECT MATTER
• Real property plus all its accessions unless contrary is stipulated
• Future property – without legal effect
• Future improvements – deemed included
• Fruits & rents of mortgaged property deemed included
• Continuing credit secured by mortgage valid
FORMS:
1. Private document – void & inexistent
2. Public instrument but not recorded – binding between parties but not 3rd persons
without notice
3. Public document & registered – valid & binding to 3rd parties
FORECLOSURE
1. JUDICIAL
9
C I V I L L AW ( L A N D T I T L E S )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
2. EXTRA-JUDICIAL
• Allowed only if stipulation between party authorizes extra-judicial
foreclosure
• Cannot be made legally outside of city where land lies
• Publication required: post notices for 20 days in 3 public places where
property lies & if property is more than P400.00, publication must be for
3 consecutive weeks in news paper of general circulation
• If foreclosure by rural banks, exempt from publication in newspaper for
loans not exceeding 3,000.00
• Registration of sale in Register of Deeds:
a. Deed of sale must be supported by certificate of sheriff that said
sale was conducted accordingly stating the date, time, place of
sale, names of creditor & debtor, description of property, name of
highest bidder, selling price
b. Present in Register of Deeds where land lies
c. Memorandum on back of certificate is made
d. After expiration of 1 year of redemption period – title is
consolidated if no redemption exercised: purchaser to file with
Register of Deeds the deed of sale & sworn statement attesting
to fact that there is no redemption
e. New certificate of title issued in favor of vendee
f. If redeemed – notice of redemption shall be registered &
accomplished by way of memorandum on proper certificate of
title
RIGHT OF REDEMPTION
• Payment of purchase price plus 1% per month plus taxes if paid by purchaser
• To be exercised within 1 year after registration of sale
DEED OF MORTGAGE:
• Requires only description to enable parties & other persons to identify the
subject matter
EFFECT OF REGISTRATION:
1. Creates a lien – attaches to the property whoever holds it; binding on
subsequent purchasers
2. Constructive notice
ASSIGNMENT OF MORTGAGE
• No need to be registered, permissive only & not mandatory
FORECLOSURE OF MORTGAGE
• The must first be non-payment & at least 30 days have elapsed since then
• Alternatives:
1. Judicial
2. Extra-judicial – only if there is stipulation/authority
PROCEDURE IN FORECLOSURE
1. Notice posted for 10 days in at least 2 public places in municipality where
property is to be sold designating the time, place and purpose of sale
2. Mortgagor is notified in writing at least 10 days before sale
11
C I V I L L AW ( L A N D T I T L E S )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
3. Public auction
4. 30 days after sale, officer makes a return & file with Register of Deeds where
mortgage has been recorded
5. Officer’s return operates as a discharge of the lien created by the mortgage
6. Proceeds to be applied:
a. Cost of sale
b. Amount of obligation
c. Subsequent mortgages
d. Balance – mortgagor
LEASE – one of parties deliver possession of property to another who is obliged to pay
rent for use of such property
REGISTRATION OF LEASE
1. File with Register of Deeds the instrument creating lease together with Owner’s
Duplicate of certificate of title
2. Register of Deeds to register by way of memorandum upon certificate of title
3. No new certificate shall be issued
EFFECT OF REGISTRATION:
1. Creates a real right but without prejudice to rights of 3rd persons
2. If not registered – valid as between parties but not to 3rd persons without notice
ALIENS:
1. May be granted temporary rights for residential purposes
2. Limit: 25 years, renewable for another 25 years
TRUST – obligation of a person to whom legal title to property is transferred to hold the
property according to confidence reposed in him
2 KINDS:
1. Expressed – need to be in writing; cannot be proved by parole evidence
2. Implied – exist by operation of law; can be proved by parole evidence
a. Property is bought but paid by another party
b. Donation is made but donee have no beneficial interest thereon
c. Price of sale of property is loaned & conveyance is made to lender to
secure fulfillment of loan
d. Land passes by succession to a person but legal title is put in another’s
name
e. 2 persons purchase property but placed only in one’s name
f. Guardian uses funds of ward to buy property
g. Property is acquired thru mistake or fraud
2. Trust is for benefit of 3rd party while power of attorney is for benefit of principal
REGISTRATION OF T RUST
1. Sworn statement claiming interest by reason of an implied trust with description
of land & reference to number of certificate shall be registered in Register of
Deeds
2. Provided not prohibited to do so by instrument creating the trust
ATTACHMENT
• A writ issued at the institution or during progress of an action commanding the
sheriff to attach the property, rights, credits or effects of the defendant to satisfy
demands of the plaintiff
• Kinds:
a. Preliminary
b. Garnishment
c. Levy on execution
1. EXECUTION SALE
• To enforce a lien of any description on registered land, any execution or
affidavit to enforce such lien shall be filed with Register of Deeds where
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 registration of
attachment
2. TAX SALE
• Sale of land for collection of delinquent taxes and penalties due the
government
• In personam (all persons interested shall be notified so that they are
given opportunity to be heard)
• Notice to be given to delinquent tax payer at last known address
• Publication of notice must also be made in English, Spanish & local
dialect & posted in a public & conspicuous place in place wherein
property is situated & at main entrance of provincial building
• Sale cannot affect rights of other lien holders unless given right to
defend their rights: due process must be strictly observed
• Tax lien superior to attachment
• No need to register tax lien because it is automatically registered once
the tax accrues
• But sale of registered land to foreclose a tax lien need to be registered
ADVERSE CLAIM
1. Make a statement in writing setting forth alleged interest, from whom acquired,
how acquired, no of certificate of land, name of registered owner, description of
land in which right/interest is claimed – signed & sworn to
2. Statement shall be entitled to registration as adverse claim on certificate of title
3. Effective for 30 days from date of registration
4. After 30 days, may be cancelled by filing of verified petition by party in interest
• Any party may petition in court to cancel adverse claim
• Court to grant speedy hearing
• If adverse claim is adjudged invalid – may be cancelled
5. No 2nd adverse claim based on same ground shall be registered by same
claimant
PURPOSE: keep subject matter within the power of the court until the entry of final
judgment
• Therefore creates merely a contingency & not a liens
EFFECT OF REGISTRATION:
1. Impossibility of alienating the property in dispute during the pendency of the suit
– may be alienated but purchaser is subject to final outcome of pending suit
2. Register of Deeds duty bound to carry over notice of lis pendens on all new
titles to be issued
PARTITION/SETTLEMENT OF ESTATE
1. JUDICIAL
• After entry of final judgment of partition, copy certified by clerk of court to
be filed with Register of Deeds
• Each owner to gave separate certificate of title (duplicate)
• If ordered to be sold, purchaser shall be entitled to a certificate of title
entered in his name upon presentment of order confirming sale
2. EXTRAJUDICIAL
a. Decedent died intestate
b. No debts
c. Heirs are all of legal age, or minors represented by guardian
• Heirs to execute public instrument to be filed with Register of
Deeds
• If disagree with each other, file in court ordinary action for
partition
• If there is only 1 heir, may adjudicate to himself entire estate via
affidavit to be filed with Register of Deeds
• If there is movables involved, bond to be filed equivalent to value
of property as certified under oath by parties conditioned upon
payment if any just claim which may be filed by creditor within 2
years after distribution
• Publication in newspaper of general circulation for 3 weeks; not
binding to those without notice
• Final after 2 years
• Money shall be under custody of the National treasurer; invest it until P+I
aggregates to 500,000, excess shall be paid to the Assurance Fund; 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
3. Mistake,
omission,
misdescription
in certificate
of title,
duplicate or
entry in books
4. Cancellation
LIABILITY:
1. Satisfy claims from private persons first
2. When unsatisfied – secondary liable is the National Treasurer who shall pay
thru 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
OFFENSES:
1. Larceny
2. Perjury – false statement under oath
3. Fraudulent procurement of certificate: fine of not more than 10,000 or
imprisonment of 5 years or both in discretion of court
4. Forgery: fine of not more than 10,000 or imprisonment of 10 years or both in
discretion of court
a. Forging of seal in Register of Deeds, name, signature or handwriting of
any officer of court of Register of Deeds
b. Fraudulent stamping or assistance in stamping
c. Forging of handwriting, signature of persons authorized to sign
d. Use of any document which an impression of the seal of the Register of
Deeds is forged
5. Fraudulent sale: sale of mortgaged property under the misrepresentation that it
is not encumbered; deceitful disposition of property as free from encumbrance:
imprisonment of 3 years or fine not exceeding 2,00 or both at discretion of court
PROCEDURE:
1. Official issuing instrument of conveyance to issue instrument
2. File instrument with Register of Deeds
3. Instrument to be entered in books and owner’s duplicate to be issued
4. Instrument – only contract between Government and private person and does
not take effect as conveyance if unregistered, it is registration which is operative
act of conveying land; evidence of authority for Register of Deeds to register
5. Fees to be paid by grantee
6. After issuance of certificate of title, land is deemed registered land within the
purview of the Torrens system
• Anyone who applies for confirmation of imperfect title has burden of proof to
overcome the presumption that the land sought to be registered forms part of
public domain (Regalian doctrine)
FISHPONDS
Before: included in definition of agriculture, conversion of agricultural land to fishponds
does not change character of land
Now: restricted meaning; fishponds has distinct category; cannot be alienated but may
be leased from government.
DIRECTOR OF LANDS
• Quasi-judicial officer
• Findings of fact conclusive on higher court with absence of fraud, mistake other
than error of judgment; but not with regards to finding of law
• Empowered to alienate and dispose lands
• Lease not included since lease does not transfer ownership; free-title grant: free
distribution of public lands to encourage people to cultivate; government furnishes
the applicant with tolls plus cash allowance to enable him to cultivate
PATENT
RESTRICTIONS:
1. Cannot be alienated within 5 years after approval of application for patent
2. Cannot be liable for satisfaction of debt within 5 years after approval of patent
application
3. Subject to repurchase of heirs within 5 years after alienation when allowed
already
4. No corporation, partnership, association may acquire unless solely for
commercial, industrial, educational, religious or charitable purpose or right of
way subject to consent of grantee & approval of Secretary of Natural resources
EXCEPTIONS:
1. Action for partition because it is not a conveyance
2. Alienations or encumbrances made in favor of the government
HOMESTEADER
• If he dies, succeeded by heirs in the application
PURPOSE:
• Another means to bring lands under operation of Torrens System
• Ordinary registration is slow for lack of initiative on part of landowners,
innovation was conceived to hasten and accelerate registration
• Government initiates that all lands within a stated region are up for registration –
whether or not owners are interested to settle their titles
NATURE OF PROCEEDINGS:
• In rem
• No defendant & no plaintiff
• Compulsory
23
C I V I L L AW ( L A N D T I T L E S )
MEMORY AID
ATENEO CENTRAL BAR OPERATIONS 2001
PROCEDURE:
1. CADASTRAL SURVEY
• In opinion of Phil president pursuant to requirement of public interest,
title of land within a specified area needs to be settled and adjudicated
• Order Director of Lands to make survey and plan
• Director gives notice to persons claiming interest in lands & to gen public
of day of survey – published in OG and posted in conspicuous place on
lands to be surveyed
• Geodetic engineers commences survey
• During survey, boundaries are marked by monuments
2. FILING OF PETITION
• After survey and plot been made, Director represented by Sol Gen
institutes cadastral proceeding by filing petition in court against holders,
claimants, possessors, occupants
• Parcel of lots given their cadastral numbers
3. PUBLICATION OF NOTICE OF HEARING
• Court to order date of hearing
• LRA to notify public by publishing notice 1x in OG and 1x in newspaper
of general circulation & copy mailed to person whose address is known
& other copies posted in conspicuous place designated bylaw
4. FILING OF ANSWER
• Any person claiming interest in any part of lands subject to petition is
required to file answer
• Answer must give the ff details:
a. Age of claimant
b. Cadastral number of lot claimed
c. Name of barrio or municipality where lot is located
d. Name of owners of adjoining lots
e. If in possession & without grant – no of years in possession
f. If not in possession – state interest claimed
g. If assessed of taxation – assessed value
h. Any encumbrances affecting said lots
5. HEARING OF CASE
• In any convenient place where land lies
• Like an ordinary RTC trial
• Conflicting claims are determined
• Lots claimed are awarded to persons entitles – if they could prove title
• If none could prove title – land is declared public domain
6. DECISION
• Claimants are notified of decision
7. ISSUANCE OF DECREE AND CERTIFICATE OF TITLE
• Upon order of court, LRA to enter decree of registration
• Decree made basis for issuance of OCT
• Decree are now being directly prepared and issued on regulation forms
of such certificate
CADASTRAL COURT DOES NOT AWARD DAMAGES, BUT MAY DIRECT SHERIFF TO DELIVER POSSESSION
• Provisions of land registration act applicable to cadastral proceedings