Professional Documents
Culture Documents
Manresa 2012-2013
a.
b.
2.
a.
b.
AttyYekkyNotes
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th
SIGNIFICANCE OF DISTINCTION
Are there instances allowed by law where a foreigner or non-Filipnio
Citizen where they are allowed to acquire lands in the Philippines?
YES. IN the same section 7save in cases of HEREDITARY
SUCCESSION. A non-filipino may be a transferee of public
lands if he is such by virtue of hereditary succession.
Problem: A is a Filipino citizen and he has lands in the pHils. Before
he died, he executed a will w/c provides that he included a devise. He
devised certain properties that he owns to X who is an American
citizen. It seems therefore, that that would fall within the exception
as that would fall under exception?
NO. we are talking about hereditary and NOT testate
succession.
When the consti speaks of hereditary succession, it only refers to
LEGAL OR INTESTATE SUCCESSION. For in testate successionthere
is testation by means of will where he names beneficiaries of his
estate, etc. it is not even required that his beneficiaries are his
relatives for so long as it does not impair the legitime of his
compulsory heirs. (Spouse, children or their parents) if the legitime
is affected, the bequest can be declared inofficious and should be
reduced accordingly. If you allow testate succession to be covered, it
would be very easy to circumvent the prohibition for aliens to
acquire lands in the Philippines by just simply including them in the
will.
HEREDITARY SUCCESSION--On legal or intestate successionone
where there was no will written. The division of the property will be
followed by civil code of the family code.
Can there be legal succession despite the fact that there was a will?
YES. If the will is invalidated subsequently for some specific reasons.
What if the deceased Filipino had a child who is not a Filipino citizen,
he made a last will and testament and he included therein devise for
that child?ALLOWED.Because the children, apart from being a
voluntary heir is also a compulsory heir.
nd
2 exception:
Suppose I am Joseph Estrada, and then I changed by citizenship. Can
I acquire lands of the public domain? Private lands in the Philippines?
Next thing you need to ask, is he natural-born? YES. Coz he is the
past president of the Philippines. But he is no longer a Filipino citizen,
can he be allowed?
YES. Article 12, Section 8. Notwithstanding the provisions
of Section 7 of this Article, a natural-born citizen of the Philippines
who has lost his Philippine citizenship may be a transferee of private
lands, subject to limitations provided by law.
BP 185also allows formal natural born Filipinos to acquire.
rd
3 exception:
acquisition by a dual citizen under RA 9225. Under the said
law, the Consti declares that dual citizenships or dual allegiance
(propert term) is inimical to public interest and should be dealth
with by law.
Contradiction of terms: RA 9225 (Dual Citizenship Act of 2007)..this
law provides that if you are a former natural-born, you may apply
for dual citizenship and in so doing, for all intents and purposes, you
revert back to your old status. Therefore, if you are merely a formal
natural born and you lost citizenship, there are limiations. If you are
a dual citizen, these limiatiaons will no longer apply. If that is dual
allegiance. We are actually sanctioning duall allegiance! How does
the law deal with it? It gives dual citizens equal status with Fiulipino
citizens!
th
4 exception
Aliens who acquire properties before the effectivity of
the 1935 Constitution.
5 exception:
Purchase of not more than 40% interest as a whole in a
condominium project. If you want to say that you own
proportionately the lands, then it is a circumvention but an
allowable exception.
th
6 exception:
lands acquired by americans prior to July 4, 1946. Why?
Prior to this period, Americans governed the Philippines and in so
doing, they allowed themselves to acquire property. Vested right is
respected.
th
7 exception:
PRESIDENTIAL DECREE No. 713 May 27, 1975
Allowing americans who were formerly filipino citizens, americans
who became permanent residents of the philippines, and americans
who have resided in the philippines continuously for at least twenty
years and who in good faith had acquired private residentiallands for
family dwelling purposes in the philippines prior tojuly 3, 1974to
continue holding such lands and transfer ownership over the same
to qualified persons or entities
OTHERWISE STATED, Lands acquired by Americans before July 3,
1974, provided the ff. requisites are present:
1. They are formerly Filipino citizens or one who had
continuously resided in the phils for more than 20yrs
or have become permanent residents and had
acquired private residential lands not exceeding five
thousand (5,000) square meters for a family dwelling
before the expiration of the Philippine-United States
Trade Agreement on midnight July 3, 1974
Under the Parity Amendment, the Americans were given
equal opportunities by the then President marcos.
STATUS OF FORMAL NATURAL BORN CITIZENS AND THEIR ABILITY
TO ACQUIRE
Qualifications of Former Filipinos
Both laws (BP 185 and RA 7049) define former Filipinos as citizens
of the Philippines from birth without having to perform any act to
acquire or perfect their Philippine citizenship, who lost said
Philippine citizenship, and who have the legal capacity to enter into
a contract under Philippine laws.
BATAS PAMBANSA BILANG 185
AN ACT TO IMPLEMENT SECTION FIFTEEN OF ARTICLE XIV OF THE
CONSTITUTION AND FOR OTHER PURPOSES.
Section 1. In implementation of Section fifteen of Article XIV of the
Constitution, a natural-born citizen of the Philippines who has lost
his Philippine citizenship may be a transferee of private land, for use
by him as his residence, subject to the provisions of this Act.
Section 2.Any natural-born citizen of the Philippines who has lost his
Philippine citizenship and who has the legal capacity to enter into a
contract under Philippine laws may be a transferee of a private land
up to a maximum area of one thousand square meters, in the case of
urban land, or one hectare in the case of rural land, to be used by
him as his residence. In the case of married couples, one of them
may avail of the privilege herein granted; Provided, That if both shall
avail of the same, the total area acquired shall not exceed the
maximum herein fixed.
In case the transferee already owns urban or rural lands for
residential purposes, he shall still be entitled to be a transferee of
additional urban or rural lands for residential purposes which, when
added to those already owned by him, shall not exceed the
maximum areas herein authorized.
Section 3. A transferee under this Act may acquire not more than
two lots which should be situated in different municipalities or cities
anywhere in the Philippines; Provided, That the total area thereof
shall not exceed one thousand square meters in the case of urban
lands or one hectare in the case of rural lands for use by him as
urban land shall be disqualified from acquiring rural land, and vice
versa.
Section 4. As used in this Act - (a) A natural-born citizen is one who
is a citizen of the Philippines from birth without having to perform
any act to acquire or perfect his Philippine citizenship.
AttyYekkyNotes
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DUAL
Same
advantages
with ctiizens of the
Philippines;
therefore
not
limited
to
the
exceptions
mentioned above.
NAT-BORN
AND
LOST CITIZENSHIP
1000sq urban land
and 1 hectare for
rural land
AttyYekkyNotes
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Section 4. Scope. - This Act shall not apply to banking and other
financial institutions which are governed and regulated by the
General Banking Act and other laws under the supervision of the
Central Bank.
Section 5. Registration of Investments of Non-Philippine Nationals.
- Without need of prior approval, a non-Philippine national, as that
term is defined in Section 3 a), and not otherwise disqualified by law
may upon registration with the Securities and Exchange Commission
(SEC), or with the Bureau of Trade Regulation and Consumer
Protection (BTRCP) of the Department of Trade and Industry in the
case of single proprietorships, do business as defined in Section 3 (d)
of this Act or invest in a domestic enterprise up to one hundred
percent (100%) of its capital, unless participation of non-Philippine
nationals in the enterprise is prohibited or limited to a smaller
percentage by existing law and/or limited to a smaller percentage by
existing law and/or under the provisions of this Act. The SEC or
BTRCP, as the case may be, shall not impose any limitations on the
extent of foreign ownership in an enterprise additional to those
provided in this Act: Provided, however, That any enterprise seeking
to avail of incentives under the Omnibus Investment Code of 1987
must apply for registration with the Board of Investments (BOI),
which shall process such application for registration in accordance
with the criteria for evaluation prescribed in said Code: Provided,
finally, That a non-Philippine national intending to engage in the
same line of business as an existing joint venture in his application
for registration with SEC. During the transitory period as provided in
Section 15 hereof, SEC shall disallow registration of the applying
non-Philippine national if the existing joint venture enterprise,
particularly the Filipino partners therein, can reasonably prove they
are capable to make the investment needed for they are competing
applicant. Upon effectivity of this Act, SEC shall effect registration of
any enterprise applying under this Act within fifteen (15) days upon
submission of completed requirements.
Section 6. Foreign Investments in Export Enterprises. - Foreign
investment in export enterprises whose products and services do
not fall within Lists A and B of the Foreign Investment Negative List
provided under Section 8 hereof is allowed up to one hundred
percent (100%) ownership.
Export enterprises which are non-Philippine nationals shall register
with BOI and submit the reports that may be required to ensure
continuing compliance of the export enterprise with its export
requirement. BOI shall advise SEC or BTRCP, as the case may be, of
any export enterprise that fails to meet the export ratio
requirement. The SEC or BTRCP shall thereupon order the noncomplying export enterprise to reduce its sales to the domestic
market to not more than forty percent (40%) of its total production;
failure to comply with such SEC or BTRCP order, without justifiable
reason, shall subject the enterprise to cancellation of SEC or BTRCP
registration, and/or the penalties provided in Section 14 hereof.
Section 7. Foreign Investments in Domestic Market Enterprises. Non-Philippine nationals may own up to one hundred percent
(100%) of domestic market enterprises unless foreign ownership
therein is prohibited or limited by existing law or the Foreign
Investment Negative List under Section 8 hereof.
A domestic market enterprise may change its status to export
enterprise if over a three (3) year period it consistently exports in
each year thereof sixty per cent (60%) or more of its output.
Section 8. List of Investment Areas Reserved to Philippine Nationals
(Foreign Investment Negative List). - The Foreign Investment
Negative List shall have three (3) component lists: A, B, and C:
a) List A shall enumerate the areas of activities reserved to
Philippine nationals by mandate of the Constitution and
specific laws.
b) List B shall contain the areas of activities and
enterprises pursuant to law:
1) Which are defense-related activities, requiring
prior clearance and authorization from
Department of National Defense (DND) to
engage in such activity, such as the manufacture,
repair, storage and/or distribution of firearms,
ammunition, lethal weapons, military ordnance,
explosives, pyrotechnics and similar materials;
unless such manufacturing or repair activity is
specifically authorized, with a substantial export
component, to a non-Philippine national by the
Secretary of National Defense; or
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Size/Area
Coverage
of
Land Acquisition
for Both Spouses
Additional Land
Acquisition
Limits
Acquisition
Land
to
of
maximum of 1,000
sq. meters for urban
land
maximum of one (1)
hectare for rural land
either of the spouses
may avail of the
privilege
in case both spouses
wish to acquire lands
for this purpose, the
total area acquired
should not exceed the
maximum allowed
Provisions under RA
7042
as amended by RA
8179
maximum of 5,000
sq. meters for urban
land
maximum of three
(3) hectares for rural
land
either of the
spouses may avail of
the privilege
in case both
spouses wish to
acquire lands for this
purpose, the total
area acquired should
not exceed the
maximum allowed
In
case
he/she
already owns urban
or rural lands for
business purposes,
he/she may acquire
additional urban or
rural lands, which
when added to
those
he/she
presently owns shall
not exceed the
authorized
maximum
A
person
may
acquire not more
than two (2) lots
which should be
situated in different
municipalities
or
cities anywhere in
the
Philippines,
provided that the
total area of these
lots do not exceed
5,000 sq. meters for
urban land or three
(3) hectares for rural
land for business
purposes.
Under Section 4 of
Rule XII of the
Implementing Rules
and Regulations of
RA 7042 as amended
by RA 8179, a
transferee who has
already
acquired
urban land shall be
disqualified
from
A transferee of
residential
land
acquired
under
Batas Pambansa Blg.
185 may still avail of
the privilege granted
under this law.
Special
Requirements
In addition to the
requirements
provided for in other
laws
for
the
registration of titles to
lands, the transferee
should submit to the
Register of Deeds of
the province or city
where the property is
located
a
sworn
statement stating the
following
:
date and place of
birth;
names and addresses
of his/her parents,
spouse, and children,
if any;
area, location, and
mode of acquisition of
landholdings in the
Philippines, if any
his/her intention to
reside permanently in
the Philippines;
date
he/she
lost
his/her
Philippine
citizenship and the
country of
which
he/she is presently a
citizen
In addition to the
usual
registration
requirements
pertinent to the
conveyance of real
estate, the transfer
contemplated shall
not be recorded
unless the transferee
submits
to
the
Registry of Deeds of
the province or city
where the land is
situated,
the
following:
certification
of
business registration
issued by the Bureau
of Trade Regulation
and
Consumer
Protection of the
DTI;
sworn
statement
stating information
required under Batas
Pambansa 185;
certification
from
assessor
of
municipality
or
province where the
property is situated
that the subject land
for transfer is an
urban or rural area;
if an agricultural land
is
acquired,
a
certification
from
the Department of
AttyYekkyNotes
Violations
Penalties
and
Violations through:
misrepresentation
in
the
sworn
statement
acquisition of land
through
fraudulent
means
failure to reside
permanently in the
land acquired within
two (2) years from its
acquisition,
except
when such failure is
caused
by
force
majeure shall be
penalized by the
following:
liability
to
prosecution under the
applicable provisions
of the Revised Penal
Code and subject to
deportation
in
appropriate cases
forfeiture of such
lands
and
their
improvements
to
theNational
Government through
escheat proceedings
by the representative
of
the
Solicitor
General
permanent
disqualification from
availment of the
privilege under this
Act
RESERVATION OF LANDS TO FILIPINOS; EXCLUSIVE
Why is ownership of lands reserved to Filipino citizens?
We have been a product of more than 300years of Spanish
rule and few more decades of American rule and few years of
Japanese rule. Naturally, when the framersof 1973 constitution sat
down to discuss limitations on land ownership in the Philippines,
they took that fact in consideration and decided to reserve the use
of lands in the Philippines for exclusive use of the Filipinos.
In the ultimate analysis, what the SC as well as our laws
seeks to protect would be a permanent transfer to non-filipinos.
Such that it has ruled to be valid subsequent transfers from Filipinoto foreigner to Filipinothat is alienation valid for the policy sought
to be enforced by the law is still intactland exclusively for Filipinos.
Aliens are prohibited from acquiring lands in the
Philippines in order to preserve the nations lands for future
generations of Filipinos (Sarsosa v. Cuenco, april 16, 1982).
The exclusion of aliens from the privilege of acquiring
public agricultural lands and owning real estate is a necessary part
of public land laws in the Philippines as it pays the idea of
preserving the Philippines for Filipinos (krivenko vs. register of
deeds, 1947)
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NOTE:
Reasons:
1. Vendor was in pari delicto with the vendee. (between 2
guilty persons, no relief can be had; if you are a party to an
illegal transaction, you cannot question anymore). If
somebody would question that sale, it is the SOLICITOR
GENERAL who will now institute reversion or escheat
proceedings.
2. While the vendee was an alien at the time of the sale, the
land has since become the property, of respondent
Joaquin Teng, a naturalized Philippine citizen, who is
constitutionally qualified to own land. The litigated
property is now in the hands of a naturalized Filipino. It is
no longer owned by a disqualified vendee. Respondent, as
a naturalized citizen, was constitutionally qualified to own
the subject property. There would be no more public
policy to be served in allowing petitioner to recover the
land as it is already in the hands of a qualified person.
*you can circumvent actually! Apply for NATURALIZATION! THE
constitution does not distinguish as to WON you are natural born or
naturalized! For so long as you are a Filipino! That is for Atty. Zache,
a travesty!
OTHER PRINCIPLES ON LAND ACQUISITION
HULST V. PR BUILDERS, September 3, 2007
ILLUSTRATIVE CASE:
G.R. No. L-31956 April 30, 1984
FILOMENA GERONA DE CASTRO, Petitioner, vs. JOAQUIN TENG
QUEEN TAN, TAN TENG BIO, DOLORES TAN, ROSARIO TAN HUA
ING, and TO O. HIAP,
AttyYekkyNotes
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10
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MCQ:
1. Which of the ff. cannot acquire lands of the Philippines?
a. Corporation sole
b. Former citizen who is not a dual citizen
c. Former chinese citizen who is naturalized a Filipino
d. Corporation with 40% Filipino ownership (answer)
Kim, a chinese, bought private land from Maja, a Filipino. Kim sold it
to Anne,a dual citizen. The sale to anne is:
a. Not valid, Kim, a transferor never acquired valid title to the
land
b. Not valid, Maja and kim entered into an illegal transaction
c. Valid, If anne renounces her foreign citizenship
d. Valid, the defect in first transaction was cured by the
second transaction (answer)
Kim, a chinese, bought private land from Maja, a Filipino. Kim sold it
to Erich with right of repurchase, Kim:
a. Must secure Majas consent to have right of repurchase
b. Should be naturalized a Filipino to have valid title and have
right to repurchase (answer: see De castro v. Joaquin
Teng)
c.
d.
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MATTHEWS V. TAYLOR
Facts: A british married a Filipina and during the marriage, he bought
lands in boracay. Becoz of the prohibition, land was named in the
Filipino wife but the latter ran away with another foreigner. The wife
entered into a lease with another foreigner. The husband filed a
declaration of nullity of the lease claiming that the funds that were
used for the property was his and wife only held such property in
trust and that there was no consent from him.
11
AttyYekkyNotes
Held:
In light of the foregoing jurisprudence, we find and so hold that
Benjamin has no right to nullify the Agreement of Lease between
Joselyn and petitioner. Benjamin, being an alien, is absolutely
prohibited from acquiring private and public lands in
thePhilippines. Considering that Joselyn appeared to be the
designated vendee in the Deed of Sale of said property, she
acquired sole ownership thereto. This is true even if we sustain
Benjamins claim that he provided the funds for such acquisition. By
entering into such contract knowing that it was illegal, no implied
trust was created in his favor; no reimbursement for his expenses
can be allowed; and no declaration can be made that the subject
property was part of the conjugal/community property of the
spouses. In any event, he had and has no capacity or personality to
question the subsequent lease of the Boracay property by his wife
on the theory that in so doing, he was merely exercising the
prerogative of a husband in respect of conjugal property. To sustain
such a theory would countenance indirect controversion of the
constitutional prohibition. If the property were to be declared
conjugal, this would accord the alien husband a substantial interest
and right over the land, as he would then have a decisive vote as to
its transfer or disposition. This is a right that the Constitution does
not permit him to have.
Hulst v PR Builders Dutch spouse bought a residential lot but PR
Builders has not developed lot. Spouse to rescind contract to sell
and sue PR.
In pari delicto. An exception to such rule where, even as
the intent to circumvent the constitutional proscription on aliens
owning real property was evident by virtue of the execution of the
Contract to Sell, such violation of the law did not materialize
because the buyer cased the rescission of the contract before the
execution of the final deed transferring ownership.
Under Art 1414, one who repudiates the agreement and demands
his money before the illegal act has taken place is entitled to
recover. Hulst is entitled to the recovery only of the amount of
P3,187,500, representing purchase price paid to PR. No damages
may be recovered on the bases of a void contract; being
nonexistent, the agreement produces no juridical tie between the
parties involved. Hulst is not entitled to actual, interest, moral and
exemplary damages and attorneys fees.
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AttyYekkyNotes
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REGISTRATION
The principles on Land Titles and Deeds are based on the purpose
of the Torrens System and that is to put some stability and allow
the public to rely on title.
4 Benefits of Registration:
1. makes the title conclusive
2. makes the title imprescriptible
3. makes the title immune to collateral attacks
4. makes the title indefeasible (1 year after the issuance of
the decree)
Registration is not a mode of acquiring title.
If a person does not have title, then mere registration of
land under his name will not give him ownership over
the land.
If a person fraudulently registers the land, then, even if
he gets a title, that title can be assailed. That title is NOT
conclusive and indefeasible.
Who may apply for registration? (Section 14, PD 1529)
1.
Those who by themselves or through their predecessorsin-interest have been in open, continuous, exclusive and
notorious possession and occupation of alienable and
disposable lands of the public domain under a bona fide
claim of ownership since June 12, 1945, or earlier.
13
AttyYekkyNotes
2.
3.
4.
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14
AttyYekkyNotes
2.
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ISSUES:
1. In order that an alienable and disposable land of the
public domain may be registered under Section 14(1) of
Presidential Decree No. 1529, otherwise known as the
Property Registration Decree, should the land be classified
as alienable and disposable as of June 12, 1945 or is it
sufficient that such classification occur at any time prior to
the filing of the applicant for registration provided that it is
established that the applicant has been in open,
continuous, exclusive and notorious possession of the land
under a bona fide claim of ownership since June 12, 1945
or
earlier?
2. For purposes of Section 14(2) of the Property
Registration Decree may a parcel of land classified as
alienable and disposable be deemed private land and
therefore susceptible to acquisition by prescription in
accordance
with
the
Civil
Code?
3. May a parcel of land established as agricultural in
character either because of its use or because its slope is
below that of forest lands be registrable under Section
14(2) of the Property Registration Decree in relation to the
provisions of the Civil Code on acquisitive prescription?
4. Are petitioners entitled to the registration of the subject
land in their names under Section 14(1) or Section 14(2) of
the
Property
Registration
Decree
or
both?
FACTS:
HELD:
On 20 February 1998, Mario Malabanan filed an
application for land registration before the RTC of CaviteTagaytay, covering a parcel of land situated in Silang
Cavite, consisting of 71,324 square meters. Malabanan
claimed that he had purchased the property from Eduardo
Velazco, and that he and his predecessors-in-interest had
been in open, notorious, and continuous adverse and
peaceful possession of the land for more than thirty (30)
The
Pertition
is
denied.
15
AttyYekkyNotes
2.
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4.
16
AttyYekkyNotes
In LAUREL VS. GARCIA, 187 SCRA 799, the Supreme Court said: It is
not the President to convey valuable real property of the
government on his or her own sole will. Any such conveyance must
be authorized and approved by law enacted by Congress. It requires
executive and legislative concurrence.
LAUREL VS. GARCIA, 187 SCRA 797
F: Pres Aguino issued an EO selling Roponggi lot since it
was not used by the embassy anymore
H: lot was not validly withdrawn from the public domain
there must be a law authorizing such
There can be no doubt that the Roponggi property is of
public dominion unless it is convincingly shown that the
property has become patrimonial. It is outside the
commerce of man and cannot be alienated.
Roponggi property is correctly classified under Art. 420(2)
as property belonging to the State and intended for some
public service. The fact that the Roponggi property has not
been used for a long time for actual embassy service does
not automatically convert it to a patrimonial property. Any
such conversion happens only if the property withdrawn
from public use. It remains a public domain until there is
a formal declaration or the part of the government to
withdraw it from being such.
An abandonment of the intention to use the Roponggi
property for public service and to make it patrimonial
property under Art. 422 must be definite. Abandonment
cannot be inferred from the non-use alone specifically if
the non-use was attributable not to the governments own
deliberate and indubitable will but to a lack of financial
support to repair and improve the property. Abandonment
must be certain and positive act based on correct legal
premise.
The mere transfer of the Philippine Embassy is not relinquishment of
the Roponggi property's original purpose
What are the objects of prescription?
For this we would have to refer to the provision of the Civil Code:
Under Article 1113: All things which are within
the commerce of men are susceptible of prescription,
unless otherwise provided. Property of the State or any of
its subdivisions not patrimonial in character shall not be
the object of prescription.
So it answers the question, what type of property of the state can
be the subject of prescription. Only patrimonial property and what is
patrimonial property, under article 421, all other property of the
state not of the character stated in article 420 is patrimonial
property and therefore in order to know what patrimonial property
is, you have to know, by process of elimination, what property of the
public domain consist.
So you have there those intended for public use, such as roads,
canals (were talking of canals, dili kanal.), navigable rivers, torrents
and bridges constructed by the state, banks, shores, roadsteads and
others of similar character, those which belongs to the state without
being for public use and not intended for some public service or for
the development of the national wealth.
Now I want you to correlate that with article 422 of the Civil Code,
which provides that if a property of the public domain is no longer
intended for public use or for public service, it would become
patrimonial property.
Now, if property is no longer intended for public use or public
service, does it require no other act on the part of the holder of the
land, in order for him to declare it for land registration?
kinahanglan pa ban a naa siyay proof na ipakita na the same is
already party of the patrimonial property of the state. That
question is answered in the case of Heirs of Malabanan vs.
Republic.
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In 14 par. 1, it mandates
registration on the basis of
possession, in the concept
of owner before June 12,
1945.
Its application is without
reference to the Civil Code.
Hence, its operation is
independent of the Civil
code.
Possessor is entitled to
secure
judicial
conformation of his title
thereto as soon as it
declared alienable and
disposable. It does not
require that the property is
alienable and disposable
for the entire period of
possession.
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AttyYekkyNotes
Example:
You have been in possession of
the property since 1940, so
definitely it is before June 12,
1945. Now supposed that at the
beginning of your possession it
was not yet public land that is
alienable and disposable, wala
pay declirasyon. But your family
is occupying the property since,
1940 or at least 70 years.
Question is, when do you begin
to compute possession in terms
of Section 14 par. 1?
Answer:
When the property is
covered under the Torrens
title already.
2.
In case of Co-Ownership, so
long as the co-owner in
possession expressly or
impliedly recognized the coownership. For prescription
to apply the co-owner must
have repudiated the coownership and the other
co-owners are aware of the
repudiation.
3.
RULES ON ACCRETION
NEW REGENT SOURCES, INC.,vs.TEOFILO VICTOR TANJUATCO, JR.,
and VICENTE CUEVAS,
1.
Answer:
You compute from the very
beginning, which is in 1940 even
if gahapon pa lang na nadeclare
na alienable and disposable.
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4.
Those who by themselves or through their predecessorsin-interest have been in open, continuous, exclusive, and
notorious possession and occupation of agricultural lands
18
AttyYekkyNotes
Section 44, Chapter VII of the Public Land Act provides that
the applicant for administrative confirmation of imperfect
title must be a natural born citizen of the Philippines who
is not the owner of more than 12 hectares and who, for at
least 30 years prior to the effectivity of Republic Act No.
6940 amending the Public Land Act, has continuously
occupied and cultivated, either by himself or through his
predecessor-in-interest, a tract or tracts of agricultural
public land subject to disposition, who shall have paid the
real estate tax thereon while the same has not been
occupied by any person shall be entitled to a free patent
over such land/s not to exceed 12 hectares.
ANNOTATION
Proceedings under the Property Registration Decree and the
Public Land Act are the same in that both are against the whole
world, both take the nature of judicial proceedings, and the decree
of registration issued for both is conclusive and final. They differ
mainly in that under the Property Registration Decree, there already
exists a title which the court only needs to confirm. On the other
hand, under the Public Land Act, there exists a presumption that the
land applied for still pertains to the State, and that the occupants
and possessors can only claim an interest in the land by virtue of
their imperfect title or continuous, open, and notorious possession
thereof. Nonetheless, in the end, the two laws arrive at the same
goal, namely, a Torrens title, which aims at complete
extinguishment, once and for all, of rights adverse to the record
[14]
title.
In general, an applicant for judicial confirmation of an
imperfect or incomplete title under the Public Land Act must be able
to prove that: (1) the land is alienable public land; and (2) his open,
continuous, exclusive and notorious possession and occupation of
the same must either be since time immemorial or for the period
[15]
prescribed in the Public Land Act.
The finding of fact of the trial court that the Subject Property is
alienable public land is undisputed. What is to be determined
herein is whether petitioners have complied with the period of
possession and occupation required by the Public Land Act.
The provision of the Public Land Act that is particularly
relevant to petitioners application is Section 48(b). Through the
years, Section 48(b) of the Public Land Act has been amended
[16]
several times. The case of Republic v. Doldol provides a summary
of these amendments, as follows
x x x. The original Section 48(b) of C.A. No. 141 provided for
possession and occupation of lands of the public domain since July
26, 1894. This was superseded by R.A. No. 1942, which provided for
a simple thirty-year prescriptive period of occupation by an
applicant for judicial confirmation of imperfect title. The same,
however, has already been amended by Presidential Decree No.
1073, approved on January 25, 1977. As amended, Section 48(b)
now reads:
(b) Those who by themselves or through their predecessors-ininterest have been in open, continuous, exclusive and notorious
possession and occupation of agricultural lands of the public
domain, under a bona fide claim of acquisition or ownership, since
June 12, 1945, or earlier, immediately preceding the filing of the
application for confirmation of title, except when prevented by wars
or force majeure. Those shall be conclusively presumed to have
performed all the conditions essential to a Government grant and
shall be entitled to a certificate of title under the provisions of this
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chapter.
Section 48(b) of the Public Land Act, as amended by PD No.
1073, presently requires, for judicial confirmation of an imperfect or
incomplete title, the possession and occupation of the piece of land
by the applicants, by themselves or through their predecessors-ininterest, since 12 June 1945 or earlier. This provision is in total
conformity with Section 14(1) of the Property Registration Decree
heretofore cited.
ON THE OTHER HAND, administrative confirmation is based on
Section 44: amendment by RA No. 6940 of Section 44 of the Public
Land Act, to read as follows
SEC. 44. Any natural-born citizen of the Philippines who is not the
owner of more than twelve (12) hectares and who, for at least thirty
(30) years prior to the effectivity of this amendatory Act, has
continuously occupied and cultivated, either by himself or through
his predecessors-in-interest a tract or tracts of agricultural public
land subject to disposition, who shall have paid the real estate tax
thereon while the same has not been occupied by any person shall
be entitled, under the provisions of this Chapter, to have a free
patent issued to him for such tract or tracts of such land not to
exceed twelve (12) hectares.
While the above-quoted provision does provide for a 30-year
period of occupation and cultivation of the land, Section 44 of the
Public Land Act applies to free patents, and not to judicial
confirmation of an imperfect or incomplete title to which Section
48(b) applies.
iN ALL:
(1) Section 44 of the Public Land Act, as amended by RA No.
6940, which provides for a prescriptive period of thirty (30) years
possession, applies only to applications for free patents;
(2) Section 48(b) of the Public Land Act requires for judicial
confirmation of an imperfect or incomplete title the continuous
possession of the land since 12 June 1945, or earlier,
19
AttyYekkyNotes
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ANCESTRAL LAND
Certificate
of
Ancestral
Domain Title is issued.
Broader and may include
ancestral land
There is a presumption of
communality
Certificate of Ancestral
Lands Title is issued.
MAY BE INCLUDED in
ancestral domain but May
exist outside of the
ancestral domain.
May be acquired by both
Native title and Torrens title
under the Public Land Act
and the Land Registration
Act
No
presumption
of
Communality
ACTION IN REM
1 Exam Question
Which of the ff actions relating to land is an action in rem?
a. An action for reconveyance of land on the ground of fraud
b. An action for cancellation of title
c. Cadastral registration proceedings
d. Action for specific performance to compel the seller to
execute reconveyance
20
AttyYekkyNotes
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Examples
1. Declaration of nullity of marriage: it is filing a case
for a declaration of status
2. Original land registration proceedings: directed
against thing or property and declares status as
owner of title of property.
On land registration proceedings as an action in rem: Failure to give
notice to claimants of the land is not a jurisdictional defect. It is
PUBLICATION that gives notice to the whole world and vests the
court with jurisdiction. By the description of the notice: To whom it
may concern all the persons in the world are made parties
defendant to land registration proceedings. As a proceeding in rem,
it binds persons known and unknown and the title issued as a result
thereof is conclusive upon the whole world. Notice by publication
binds the whole world including those who may not be personally
affected thereby. You cant complain that you were not given notice.
Before, publication was only made by Official Gazettenot
accessible to everybody, irregularly published. Because of this
inaccessibility, if you can still prove that there was fraud and bad
faith in the issuance in the certificate of title, the in rem nature of
land registration proceedings CANNOT be deemed to apply to a
person so defrauded or a victim of bad faith.
st
1 exam Question:
Andy sold her land to Kim. Bianca witnessed the transaction. Andy
told Anne of the sale. Kim did not register the land. Maja, a
foreigner, wanted to buy the land. Who among the ff is not bound
1.
21
AttyYekkyNotes
TRANSCRIPTION:
REQUIREMENT OF VERIFICATION
WHAT does it mean that it must be signed and sworn to ?
that the APPLICATION WAS INDEED VERIFIED. It does not
mean notarization.
Question: what if not verified?
It shall not be dismissed. Applicant shall be given time to
verify.
Section 15. Form and contents. The application for land registration
shall be in writing, signed by the application or the person duly
authorized in his behalf, and sworn to before any officer authorized
to administer oaths for the province or city where the application
was actually signed. If there is more than one applicant,
theapplication shall be signed and sworn to by and in behalf of each.
The application shall contain a description of the land and shall
state the citizenship and civil status of the applicant, whether
single or married, and, if married, the name of the wife or husband,
and, if the marriage has been legally dissolved, when and how the
marriage relation terminated. It shall also state the full names and
addresses of all occupants of the land and those of the adjoining
owners, if known, and, if not known, it shall state the extent of the
search made to find them.
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22
AttyYekkyNotes
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________________________
(Notary Public, or other Officer
authorized to administer oaths)
23
AttyYekkyNotes
2.
1 Exam Question:
Which of the ff. will NOT be considered in the delegated jurisdiction
of the MTC in land registration proceedings?
a. affidavit of the claimant
b. agreement of the claimants (unopposed)
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5.
The public shall be given notice of hearing of the application for land
registration by means of 3 modes
1. publication,
2. mailing and
3. posting.
With respect to PUBLICATION,Upon receipt of the order of the
court setting the time for initial hearing, the Commissioner of Land
Registration shall cause notice of initial hearing to be published once
in the Official Gazette and once in a newspaper of general
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AttyYekkyNotes
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2. By mailing.
(a) Mailing of notice to persons named in the application. The
Commissioner of Land Registration shall also, within seven days after
publication of said notice in the Official Gazette, as hereinbefore
provided, cause a copy of the notice of initial hearing to be mailed to
every person named in the notice whose address is known.
(b) Mailing of notice to the Secretary of Public Highways, the
Provincial Governor and the Mayor. If the applicant requests to have
the line of a public way or road determined, the Commissioner of
Land Registration shall cause a copy of said notice of initial hearing
to be mailed to the Secretary of Public Highways, to the Provincial
Governor, and to the Mayor of the municipality or city, as the case
may be, in which the land lies.
(c) Mailing of notice to the Secretary of Agrarian Reform, the
Solicitor General, the Director of Lands, the Director of Public Works,
the Director of Forest Development, the Director of Mines and the
Director of Fisheries and Aquatic Resources. If the land borders on a
river, navigable stream or shore, or on an arm of the sea where a
river or harbor line has been established, or on a lake, or if it
otherwise appears from the application or the proceedings that a
tenant-farmer or the national government may have a claim adverse
to that of the applicant, notice of the initial hearing shall be given in
the same manner to the Secretary of Agrarian Reform, the Solicitor
General, the Director of Lands, the Director of Mines and/or the
Director of Fisheries and Aquatic Resources, as may be appropriate.
Then you have also to give notice by means of mailing. What do you
give notice of? It is the initial hearing. It is also mailed by the
commissioner within 7 days of publication to a.) persons named in
the application, kato ning imuhang gi.reveal sa land registration in
your application, your neigbors, debtors, naa bay ng.encumber sa
property na imung gi.apply you include that, and that would be
given notice of the initial hearing by mailing not by you but by the
commissioner of land registration. The sec. of public highways, the
provincial governor and mayor, the sec of agrarian reform, solgen,
director of lands, the director of public works, director of forest devt
, dir of mines and dir. Of fisheries and acquatic resources all
directors here are included. The question is why? And perhaps a
corollary question to that, For subsequent registration meaning dili
na ta OCT were talking about TCT kinahanglan p ba ning ingani na
klase na mailing? The answer is no more, why? Because here, you
are placing a track of land under the torrens system for the first
time. Which means that the govt for instance the secretary of public
works must be sure that what you are applying for is not public land,
or public road or a public bridge. The provincial governor/mayor,
why? Because its possible that that property is own by the municipal
or provincial govt or it could be that it is subject to the power of
local govt of eminent domain. The sec of agrarian reform, in cases
where the property is actually agrarian in nature or is agricultural.
The solicitor general being the lawyer for the govt so thats the
reason why we give notice to all of these directors.
3. By posting.
The Commissioner of Land Registration shall also cause a duly
attested copy of the notice of initial hearing to be posted by the
sheriff of the province or city, as the case may be, or by his deputy,
in a conspicuous place on each parcel of land included in the
application and also in a conspicuous place on the bulletin board of
the municipal building of the municipality or city in which the land or
portion thereof is situated, fourteen days at least before the date of
initial hearing.
The court may also cause notice to be served to such other persons
and in such manner as it may deem proper.
The notice of initial hearing shall, in form, be substantially as
follows:
(Caption and Title)
NOTICE OF INITIAL HEARING
To (here insert the names of all persons appearing to have an
interest and the adjoining owners so far as known, and to all whom
it may concern):
25
AttyYekkyNotes
By posting- the commissioner on land registration shall also causesec.23 #3 all you have to remember is that notice of hearing shall be
published, mailed and posted. These are requirements of due
process, that everybody who may be interested in the property will
be apprised of the application for registration then if you have na
opposition, if you have a claim or interest in the property you may
therefore be heard.
6.
what is term called contiguous owners mga sigbit na yuta mga tapat
sa imuha why? Because to be able to establish na wala ng encroach
sa boundaries or sa area na panag.iya sa imung mga silingan,
occupants? Because it could be that the property you are applying
for is agricultural in character, eg: it has an occupant, and for all you
know the occupant has a tenancy relationship with the previous
owner, so you have to consult them and whoever else that may have
interest in the property.
7.
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allowed by the court. The opposition shall state all the objections to
the application and shall set forth the interest claimed by the party
filing the same and apply for the remedy desired, and shall be signed
and sworn to by him or by some other duly authorized person. The
opposition must be verified, when you say verified, you have to
attest that what you included in your opposition is based on your
personal knowledge etc. (civpro)
Now look at when you may file the opposition, you may appear on
or before the date of initial hearing. If the opposition is not verified,
the court should not dismiss the opposition outright and instead
allow the oppositor to verify it that is the case of miller versus
Director of lands 12 scra 292. If the opposition or the adverse claim
of the person covers only a portion of the lot and the said portion is
not properly delimited on a plan attached to the application, or in
case of undivided co-ownership, conflicting claims of ownership or
possession or overlapping of boundaries, the court may require the
parties to submit a subdivision plan duly approved by the director of
lands.
So the situation is you apply for application and there is an oppositor
but opposition is only for a portion.let us suppose you have 2k sqm
and the oppositor is claiming only 100 sqm. Now, does it mean that
when the court requires parties to submit a subdivision plan duly
approved by the director of lands, nga approved na tagaan tong
oppositor ug 100 sqm? NO, because the court cannot impose that
the parties compromise, malay mo ng.atik2 lng tong oppositor. So
the court cannot say na para wlay samuk imu na nang 100sqm.
Now if that is the case then why is it that the court will require you
to submit a subdivision plan? (JOINT SURVEY FOR CLAIMANTS) So
that later on if the court finds that the opposition is proper and that
the oppositor really is entitled to the land, then it very easy now for
the court to declare in the same proceedings that the oppositor is
entitled and that this is the land he is entitled to. So again it is for
the purpose of judicial economy. Now if the court finds later on that
the oppositor is not entitled, what is the purpose of the subd plan?
Wla na, its a mere surplusage an later on the court will just decree
that the entire property is owned by the applicant-judicial economy.
Section 26. ORDER OF DEFAULT; EFFECT. If no person appears and
answers within the time allowed, the court shall, upon motion of the
applicant, no reason to the contrary appearing, order a default to be
recorded and require the applicant to present evidence. By the
description in the notice "To all Whom It May Concern", all the
world are made parties defendant and shall be concluded by the
default order.
Where an appearance has been entered and an answer filed, a
default order shall be entered against persons who did not appear
and answer
26
AttyYekkyNotes
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27
AttyYekkyNotes
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of court so the clerk of court would now receive the evidence for the
plaintiff. What about in land registration proceedings whats the
difference there? Here the court event if there is already a default
order, it cannot render judgement on the basis of the application
but it must of necessity require the applicant to present evidence.
Now if you would recall our earlier lecture, how would you describe
the nature of the duty of the LRA to issue a decree of registration? It
is ministerial but as a general rule in Gomez versus CA Dec 15
1988, the duty of the respondent LRA officials to issue the decree is
purely ministerial. It is ministerial in a sense that the act under
orders of the court and the decree must be in conformity with the
decision of the court and with the data found in the record, and they
have no discretion in the matter. So if there is really no problem if
there really is no issue as to whether or not a decree of registration
should be issued by the LRA, the duty is ministerial it cannot tell the
court that No, I will not issue the decree of registration. Because it
is always subject to the power of the court Its the court that can
order the LRA to issue the decree of registration and because the
duty is ministerial
A.
-
MINISTERIAL in the sense that they act under the ORDERS OF THE
COURT and the decree must be in conformity with court judgment
and with the data found in the record. In this case, THEY HAVE NO
DISCRETION.
HOWEVER, IF THEY ARE IN DOUBT they are duty bound to REFER
MATTER BACK TO COURT. This time, they exercise JUDICIAL
function; they act, in this respect, as court officials and not as
administrative officials. THEIR ACT THEN IS THE ACT OF THE COURT.
GOMEZ VS. CA
In the case of Rep vs.Nilias Jan 23,2007, upon the finality of the
decision adjudicating ownership no further step is required to
effectuate the decision, it being a ministerial duty exists on the part
of the LRA to issue the decree of registration it is precisely because
PD 1529 does not specifically for execution of judgment in the sense
ordinarily understood and applied in civil cases, the reason being
there is no need for the prevailing party to apply for a writ of
execution in order to obtain land title rule 39 of civil procedure is
not applicable to land registration cases in the first place.
With this, let me recap what we already know, How would we
distinguish land registration proceedings on one hand, and ordinary
civil actions on the other hand. Ordinary civil actions meaning when
you file civil case in court, collection of sum of money etc, then you
have land registration proceedings.
Duty of LRA
Cases:Gomez versus Ca;
DUTY OF ADMINISTRATOR OF LRA TO ISSUE DECREE
2.
28
AttyYekkyNotes
registration proceedings.
Manresa 2012-2013
Review:
The duty to issue DOR can be considered MINISTERIAL if there is no
doubt or dispute can be compelled
Ministerial if judgment is final and incontrovertible MANDAMUS
IF There is no doubt ( if decreed in the land of another) refer
matter back to court. Not merely administrative, as it is an act of
court cant be compelled by mandamus.
What is consequence of characterization that it is ministerial? WON
it can be compelled by mandamus.
SUPREME COURT:
MANDAMUS IS NOT THE PROPER REMEDY FOR 3 REASONS:
1.
2.
3.
29
AttyYekkyNotes
Ok? and then you have in PD 1529 what you call that another
mention of this To Whom it May Concern by putting forth unsa ba
gyud ang nakabutang sa initial notice of hearing and then finally you
have here Section 31 going back to the general description To
Whom it May Concern.
So what are the important documents that we have generated so
far, looking at the procedure for Land Registration. First, would be
the judgment of the court, which if already final is the basis of the
order directing the commissioner to issue the corresponding decree
of Registration and Certificate of Title so the judgment of the court
awards the land to you that youre entitled to have a Certificate of
Title issued in your name but that is not the order itself that would
direct the commissioner to issue the corresponding Decree of
registration and then later on a Certificate of Title lahi pud na siya.
Because you have to wait when the judgment of the court has
already become final and executory and for that purpose, unsa man
ni? Katong 40 day period this is not final and executor on the point
of view of indefeasibility but merely katong 40 days.
So kung walay appeal after those 40 days the court will now order
the Commissioner or issue an order directing the Commissioner to
issue a corresponding decree of registration. Of course under
Section 31, you have a Decree of Registration itself and finally the
Certificate of Title which is for all intents and purposes a mere
transcript of the Decree of Registration. Ok?
Then after the Decree of Registration, the Decree of Registration will
be entered in the Land Titles Administration Records, a copy of the
decree would now be sent to the Register of Deeds of the place
where the land is situated. The Decree of Registration will now be
transcribed by the Register of Deeds in his/her registration book.
Ok? And finally, the issuance of the Owners Duplicate Original
Certificate of Title to the applicant by the Land Registration
Authority upon payment of the prescribed fees.
Ok? So thats how you get from point 1to the last point in land
registration proceedings ok? Beginning from the application, what
precedes the application? The collection of proof that you have
there has to be a survey, there has to be tracing of land? etc. until
such time when the Duplicate Original Certificate of Title is issued
on the land owner.
REMEDIES
Section 32. Review of decree of registration; Innocent purchaser for
value. The decree of registration shall not be reopened or revised by
reason of absence, minority, or other disability of any person
adversely affected thereby, nor by any proceeding in any court for
reversing judgments, subject, however, to the right of any person,
including the government and the branches thereof, deprived of
land or of any estate or interest therein by such adjudication or
confirmation of title obtained by actual fraud, to file in the proper
Court of First Instance a petition for reopening and review of the
decree of registration not later than one year from and after the
date of the entry of such decree of registration, but in no case shall
such petition be entertained by the court where an innocent
purchaser for value has acquired the land or an interest therein,
whose rights may be prejudiced. Whenever the phrase "innocent
purchaser for value" or an equivalent phrase occurs in this Decree, it
shall be deemed to include an innocent lessee, mortgagee, or other
encumbrancer for value.
Upon the expiration of said period of one year, the decree of
registration and the certificate of title issued shall become
incontrovertible. Any person aggrieved by such decree of
registration in any case may pursue his remedy by action for
damages against the applicant or any other persons responsible for
the fraud.
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30
AttyYekkyNotes
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31
AttyYekkyNotes
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5.
6.
32
AttyYekkyNotes
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33
AttyYekkyNotes
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34
AttyYekkyNotes
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35
AttyYekkyNotes
Implied Trust
deducible from the nature of
transaction as matters of intent
or which are superinduced on
the transaction by operation of
law as matters of equity
repudiation is not required,
unless there is concealment of
the facts giving rise to the trust
Constructive Trusts
created by the construction of
equity in order to satisfy the
demands of justice and
prevent unjust enrichment
it is whereby one person they arise contrary to intention
thereby becomes invested with against one who, by fraud,
legal title but it is obligated in duress or abuse of confidence,
equity to hold his legal title obtains or holds the legal right
for the benefit of another
to property which he ought
not, in equity and good
conscience, to hold.
there is neither a promise nor
fudiciary relation to speak of
*express trusts and resulting implied trusts- a trustee
cannot acquire by prescription ownership over property
entrusted to him until and unless he repudiates the trust
*constructive implied trusts- prescription may supervene
even if the trustee does not repudiate the relationship;
repudiation of the said trust is not a condition precedent to the
running of the prescriptive period
Actions that may be brought within 10 years from the
time the right of action accrues (Art. 1144, CC):
i. upon a written contract;
ii. upon an obligation created by law
iii. upon a judgment
*trustee of an implied trust (Art. 1456, CC)- term for the
person who acquired the property through mistake or fraud
44. substantial identity of parties- when there is community
of interest or privity of interest between the party in the
fist and a party in the second case even if the first case did
not implead the latter
45. State is not bound by prescription; hence judgment of the
registration court may be attacked at any time either
directly or collaterally by the State.
46. If the homestead patent or free patent granted to A is a
private land, the patent granted and the Torrens titled
issued upon him are a nullity. B, the owner, may bring an
action to have the ownership or title to the land judicially
settled.
47. Proof of identity and ownership is indispensable.
48. miscellaneous sales application for the land- does not
vest title over the property w/o showing of the Lands
Management Bureaus approval
49. Quieting of tile- brought to prevent a cloud from being
cast upon title to real property or any interest therein
Requisites:
i. there is a cloud on title to real property or
any interest therein
ii. by reason of any instrument, record claim,
encumbrance or proceedings (IRCEP)
iii. which is apparently valid or effective
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36
AttyYekkyNotes
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Action for cancellation proper remedy where private land had been
subsequently titled, and the party plaintiff in this
case is the prior rightful owner of the property;
it is initiated by a private party usually in a case
where there are two title issued to different
persons for the same lot
declared as lawfully belonging to the party whose
certificate of title is held superior over the other
*The indefeasibility of a title over land previously public is
not a bar to the investigation by the Director of Lands as to how
such title has been acquired, if the purpose of such investigation is
to determine whether or not fraud had been committed in securing
such title in order that the appropriate action for reversion may be
filed by the government (Pinero v. Director of Lands)
*Once a patent granted in accordance with the Public Land
Act is registered, the certificate of title issued in virtue of said patent
has the force and effect of a Torrens title issued through regular
registration proceedings.
Escheat Proceedings
may be
instituted
as a
consequence of a violation of the
Constitution which prohibits
transfers of private agricultural
lands to aliens
37
AttyYekkyNotes
3.
4.
5.
6.
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38
AttyYekkyNotes
successful
claimant,
the
property goes back to the govt
2.
Cadastral Proceedings:
Aims:
1. to settle as much as possible all disputes over land
2. to remove all clouds over land tile, as far as
practicable, in a community
Procedure:
1. Cadastral survey preparatory to filing of petition
i.
The President will direct and order the
Director of Lands to cause to be made a
cadastral survey.
ii.
The Director of Lands shall give notice to
persons claiming any interest in the lands
and to the general public of the day of the
survey
Such notice is to be:
a. published in the Official
Gazette;
b. posted in the places indicated
c. sent to the municipal mayor,
barangay captain, sangguniang
panlalawigan and sangguniang
bayan concerned
iii.
The geodetic engineers or other employees
of the Lands Management Bureau shall give
advance notice to survey claimants of the
date of the survey of specific portions of the
land, to be posted in appropriate lands.
Notes:
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3.
begin
For whom:
general public
municipal mayor
barangay captain
sangguniang panlalawigan
sangguniang bayan
How: publication once in the Official Gazette;
posting in the bulletin board of municipality
4. Filing of answer
Who: any claimant, whether named in the notice
or not
What: file an answer
When: on or before the date of initial hearing or
within such further time as may be allowed by the
Court
Requisites:
i. shall be signed and sworn to by the claimant
or by some other authorized person in
his behalf
ii. shall state his status, nationality and postal
address
Other Contents:
i. age of the claimant
ii. cadastral number of the lot or lots
claimed
iii. name of the barrio and municipality in
which the lots are situated
iv. names and addresses of the owners of
the adjoining lots so far as known to
the claimant
v. if the claimant is in possession of the lots
claimed:
a. length of time he has held such
possession and that of his
predecessors
b. manner in which it has been
acquired
vi. if the claimant is not in possession or
occupation of the land:
a. the interest claimed by him
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Manresa 2012-2013
An innocent purchaser for value Entry in the book of the ROD will
of registered land becomes the be sufficient notice to all
registered owner the moment persons even if the owners
he presents and files a duly duplicate certificate of title is
notarized and valid deed of sale not presented in the ROD
and the sale is entered into the
__book and at the same time he
surrenders or presents the
owners duplicate certificate of
title covering the land sold and
pays the registration fees
Theres a need to present title, No presentation required.
to record deed in registry, and Annotation and entry in the ROD
make a memorandum of the is sufficient
dealings
When it becomes effective: Registration is effective once it is
Once the owners duplicate entered in the daybook of the
certificate of title is submitted ROD
coupled with payment of fees.
Once its recorded in the
daybook and is annotated
behind the title, the voluntary
transaction is deemed register
rd
and will affect 3 parties from
that period on.
****Sirs opinion: to my mind, thats why they call it voluntary and
involuntary. Because in voluntary, title cant be registered unless
the owner of the certificate of title presents his owners duplicate
certificate of title. You cant keep our title if you sell the property for
the purpose of annotation.
In involuntary: bisan unsa pagtago sa titulo, dili siya kinahanglan.
Enough na ang entry in the book.
rd
INVOLUNTARY REGISTRATION
Writs, orders, or processes
issued by a court affecting
registered land which by law
should be registered to be
effective and such instruments
which are not the willful act of
the registered and have been
executed without his knowledge
or consent.
Ex. Govt exercises eminent
domain
Attachment (when in a case filed
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AttyYekkyNotes
The problem with the ROD now, the ROD is turning more
technologically advanced. If you want a physical records of the
transactions affecting the title, gubot ang ROD. What will the ROD
issue? A certification na wala pa nakita ang titulo. (hes pertaining to
ROD Davao, its transfer from Ecoland to Magallanes). You must have
an electronic reproduction of these documents (in PDF file) para dili
ka mambroblema kaayo. But that will be more open to
counterfeiting.
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AttyYekkyNotes
Partial Conveyance
Section 58.Procedure where conveyance involves portion
of land. If a deed or conveyance is for a part only of the
land described in a certificate of title, the Register of
Deeds shall not enter any transfer certificate to the
grantee until a plan of such land showing all the portions
or lots into which it has been subdivided and the
corresponding technical descriptions shall have been
verified and approved pursuant to Section 50 of this
Decree. Meanwhile, such deed may only be annotated by
way of memorandum upon the grantor's certificate of
title, original and duplicate, said memorandum to serve as
a notice to third persons of the fact that certain
unsegregated portion of the land described therein has
been conveyed, and every certificate with such
memorandum shall be effectual for the purpose of
showing the grantee's title to the portion conveyed to him,
pending the actual issuance of the corresponding
certificate in his name.
Wala pay TCT na mugawas. Why? Kay wala pa na
subdivide. Kung nakasubmit na kag subdivision plan, which
will clearly indicate which is the entire property, what part
of it is clearly to be taken out of the original title, it is only
then when you have a title issued. In the meantime, satisfy
yourself by having the deed or conveyance annotated in
the title kept by the ROD. That is the memorandum that
the ROD will enter upon the certificate of title. Wala pang
titulo na lalabas until and unless there is a proper
subdivision of the property.
Upon the approval of the plan and technical descriptions,
the original of the plan, together with a certified copy of
the technical descriptions shall be filed with the Register of
Deeds for annotation in the corresponding certificate of
title and thereupon said officer shall issue a new certificate
of title to the grantee for the portion conveyed, and at the
same time cancel the grantor's certificate partially with
respect only to said portion conveyed, or, if the grantor so
desires, his certificate may be canceled totally and a new
one issued to him describing therein the remaining
portion: Provided, however, that pending approval of said
plan, no further registration or annotation of any
subsequent deed or other voluntary instrument involving
the unsegregated portion conveyed shall be effected by
the Register of Deeds, except where such unsegregated
portion was purchased from the Government or any of its
instrumentalities. If the land has been subdivided into
several lots, designated by numbers or letters, the Register
of Deeds may, if desired by the grantor, instead of
canceling the latter's certificate and issuing a new one to
the same for the remaining unconveyed lots, enter on said
certificate and on its owner's duplicate a memorandum of
such deed of conveyance and of the issuance of the
transfer certificate to the grantee for the lot or lots thus
conveyed, and that the grantor's certificate is canceled as
to such lot or lots.
1.
2.
3.
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