Professional Documents
Culture Documents
MEMORY AID
BAR OPERATIONS 2002
DEED – 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
1. Grantor 4. Description of Property
2. Grantee 5. Signature of grantor
3. Words of grant 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
REGISTRATION guarantees the title but RECORDING does not; need to examine other docs
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CIVIL LAW (LAND TITLES)
MEMORY AID
BAR OPERATIONS 2002
PURPOSE OF T ORRENS LAW: quiet title to land – once registered, owner might rest secure
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CIVIL LAW (LAND TITLES)
MEMORY AID
BAR OPERATIONS 2002
MUNIMENT OF TITLE – instruments or written evidence which applicant hold or posses to enable
him to substantiate & prove title to his estate
GENERAL DEFAULT is when no person appears and answers within time prescribed while
SPECIAL DEFAULT is when a party appears at initial hearing without having filed an answer and
asks 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
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CIVIL LAW (LAND TITLES)
MEMORY AID
BAR OPERATIONS 2002
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
1. Against loser
2. Against anyone unlawfully & adversely occupying
WHEN WRIT MAY NOT ISSUE: when 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
PROCESS:
1. Within 15 days from finality of order of judgment directing registration of title – court to
order LRA 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 ROD – original & duplicate of title & certificate for entry in his registration book
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CIVIL LAW (LAND TITLES)
MEMORY AID
BAR OPERATIONS 2002
5. Enter in record book, dated, signed, numbered & sealed – take effect upon date of
entry
6. ROD to send notice to registered owner ready for delivery after payment of fees
7. ROD shall send duplicate & note on each certificate of title to whom it is issued
8. Original copy to be filed in ROD; bound in consecutive order
ANNOTATIONS AT BACK OF CERTIFICATE – need court order, otherwise null & void
PROCESS OF REGISTRATION:
1. File instrument creating or transferring interest and certificate of title with ROD
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. ROD 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 while in INVOLUNTARY DEALINGS: No presentation required; annotation in entry book is
sufficient
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
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CIVIL LAW (LAND TITLES)
MEMORY AID
BAR OPERATIONS 2002
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
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CIVIL LAW (LAND TITLES)
MEMORY AID
BAR OPERATIONS 2002
PARTIES IN FORECLOSURE SUIT: all persons claiming interest subordinate in right to mortgagee
ACTION TO FORECLOSE: Prescribes in 10 years (written contract)
VENUE: Per stipulation or in absence thereof, where the property lies
FORECLOSURE
1. JUDICIAL
a. Mortgagee to petition in court for foreclosure
b. Court to render order for debtor to pay sum due within 90 days and if not paid
from date of service, property be sold at public auction
c. Notice & Publication
d. Public auction: sale to highest bidder
e. Sheriff to issue certificate confirming judicial foreclosure
f. File with ROD final decree of court confirming sale
g. Memo entered in certificate of title
h. If right of redemption exist, certificate of title of mortgagor not to be cancelled
but memorandum shall be entered upon the certificate duplicate & original
i. After expiry of 1 year redemption period & no redemption, title is consolidated to
new owner
j. Purchaser to be entitled to new certificate of title & memorandum endorsed on
mortgage deed
k. If there is redemption, memorandum to be annotated on certificate of title
2. EXTRA-JUDICIAL
• Allowed only if stipulation between party authorizes extra-judicial foreclosure
• Cannot be made legally outside of city where land lies
• Publication required: post notices for 20 days in 3 public places where property
lies & if property is more than P400.00, publication must be for 3 consecutive
weeks in news paper of general circulation
• If foreclosure by rural banks, exempt from publication in newspaper for loans
not exceeding 3,000.00
• Registration of sale in ROD:
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 ROD where land lies
c. Memorandum on back of certificate is made
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CIVIL LAW (LAND TITLES)
MEMORY AID
BAR OPERATIONS 2002
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
EFFECT OF REGISTRATION:
1. Creates a lien – attaches to the property whoever holds it; binding on subsequent
purchasers
2. Constructive notice
FORECLOSURE OF MORTGAGE
• There 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
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CIVIL LAW (LAND TITLES)
MEMORY AID
BAR OPERATIONS 2002
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
3. Public auction
4. 30 days after sale, officer makes a return & file with ROD 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
REGISTRATION OF LEASE
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
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
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
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CIVIL LAW (LAND TITLES)
MEMORY AID
BAR OPERATIONS 2002
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 ROD
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
DUTY OF ROD
• Basically ministerial but may refuse registration in ff circumstances:
1. Title to land is not in the name of defendant
2. No evidence is submitted to show that he has present or possible future interest
in land
3. Unless: heir
1. EXECUTION SALE
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CIVIL LAW (LAND TITLES)
MEMORY AID
BAR OPERATIONS 2002
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
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. ROD duty bound to carry over notice of lis pendens on all new titles to be issued
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CIVIL LAW (LAND TITLES)
MEMORY AID
BAR OPERATIONS 2002
PARTITION/SETTLEMENT OF ESTATE
1. JUDICIAL
• After entry of final judgment of partition, copy certified by clerk of court to be
filed with ROD
• Each owner to give 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 ROD
• 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 ROD
• If there are 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
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CIVIL LAW (LAND TITLES)
MEMORY AID
BAR OPERATIONS 2002
• Upon entry of certificate in name of owner or TCT, ¼ of 1% shall be paid to ROD based
on assessed value of land – as contribution to assurance fund; if no assessment yet,
sworn declaration of 2 disinterested persons subject to determination by court.
• Money shall be under custody of the National treasurer; invest it until principal plus
interest 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
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CIVIL LAW (LAND TITLES)
MEMORY AID
BAR OPERATIONS 2002
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
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CIVIL LAW (LAND TITLES)
MEMORY AID
BAR OPERATIONS 2002
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 ROD, name, signature or handwriting of any officer of court of
ROD
b. Fraudulent stamping or assistance in stamping
c. Forging of handwriting, signature of persons authorized to sign
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CIVIL LAW (LAND TITLES)
MEMORY AID
BAR OPERATIONS 2002
d. Use of any document which an impression of the seal of the ROD 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 ROD
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 ROD 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
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CIVIL LAW (LAND TITLES)
MEMORY AID
BAR OPERATIONS 2002
FISHPONDS
Before: included in definition of agriculture, conversion of agricultural land to fishponds does
not change character of land
Now: restricted meaning; fishponds have a 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
WHEN GOVERNMENT GRANT DEEMED ACQUIRED BY OPERATION OF LAW:
1. Deed of conveyance issued by government patent/grant
2. Registered with ROD – mandatory: operative act to convey & transfer title
3. Actual physical possession, open & continuous
• Land ceased to be part of public domain & now ownership vests to the grantee
• Any further grant by Government on same land is null & void
• Upon registration, title is indefeasible
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CIVIL LAW (LAND TITLES)
MEMORY AID
BAR OPERATIONS 2002
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
NATURE OF PROCEEDINGS:
• In rem
• No defendant & no plaintiff
• Compulsory
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
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CIVIL LAW (LAND TITLES)
MEMORY AID
BAR OPERATIONS 2002
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
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
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CIVIL LAW (LAND TITLES)
MEMORY AID
BAR OPERATIONS 2002
CADASTRAL COURT DOES NOT AWARD DAMAGES, BUT MAY DIRECT SHERIFF TO DELIVER POSSESSION
• Provisions of land registration act applicable to cadastral proceedings
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