Professional Documents
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Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S
LAND TITLES AND DEEDS
CHAPTER 1: BACKGROUND, BASIC CONCEPTS &
GENERAL PRINCIPLES
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
2.
8.
IN
ORDINARY
Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S
3.
4.
1.
2.
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
CHAPTER 5: HEARING & DECREE
WHO CONDUCTS HEARING:
1. RTC
2. Refer to referee commissioner
PROCEEDINGS
NOTICE
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
REMEDIES AVAILABLE TO
REGISTRATION PROCEEDINGS:
AGGRIEVED
PARTY
IN
Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S
1.
2.
DEALINGS
WITH
3.
4.
5.
6.
ESSENTIAL REQUISITES:
Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S
Constituted to secure fulfillment of principal obligation
Mortgagor be absolute owner of thing mortgaged
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
Real Mortgage
Subject matter is real property
Public document only
Right of redemption for 1 year
Deficiency can be recovered
6.
Retention of
possession
possession
mortgagor
retains
Chattel Mortgage
Subject matter is movable
May be in private document provided there is
affidavit of good faith
No right of redemption
Deficiency cannot be recovered
TO
Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S
Mortgagee to petition in court for foreclosure
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
Notice & Publication
Public auction: sale to highest bidder
Sheriff to issue certificate confirming judicial
foreclosure
File with Register of Deeds final decree of court
confirming sale
Memo entered in certificate of title
If right of redemption exist, certificate of title of
mortgagor not to be cancelled but
memorandum shall be entered upon the
certificate duplicate & original
After expiry of 1 year redemption period & no
redemption, title is consolidated to new
owner
Purchaser to be entitled to new certificate of title
& memorandum endorsed on mortgage
deed
If there is redemption, memorandum to be
annotated on certificate of title
2.
EXTRA-JUDICIAL
Allowed only if stipulation between party
authorizes extra-judicial foreclosure
Cannot be made legally outside of city where
land lies
Publication required: post notices for 20 days in
3 public places where property lies & if
property is more than P400.00, publication
must be for 3 consecutive weeks in news
paper of general circulation
If foreclosure by rural banks, exempt from
publication in newspaper for loans not
exceeding 3,000.00
Registration of sale in Register of Deeds:
a. Deed of sale must be supported by
certificate of sheriff that said sale
was conducted accordingly stating
the date, time, place of sale, names
of creditor & debtor, description of
property, name of highest bidder,
selling price
b. Present in Register of Deeds where
land lies
c. Memorandum
on
back
of
certificate is made
d. After expiration of 1 year of
redemption period title is
consolidated if no redemption
exercised: purchaser to file with
Register of Deeds the deed of sale
& sworn statement attesting to fact
that there is no redemption
e. New certificate of title issued in
favor of vendee
f. If redeemed notice of redemption
shall be registered & accomplished
by way of memorandum on proper
certificate of title
RIGHT OF REDEMPTION
Payment of purchase price plus 1% per month plus taxes
if paid by purchaser
To be exercised within 1 year after registration of sale
RIGHT TO DEFICIENCY allowed
CHAPTER 10: CHATTEL MORTGAGE
CHATTEL MORTGAGED personal property is registered with
Register of Deeds to secure performance of an obligation
OF
MORTGAGEE
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
3. Public auction
4. 30 days after sale, officer makes a return & file with
Register of Deeds where mortgage has been recorded
5. Officers 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
Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S
d.
Balance mortgagor
2.
Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S
1.
2.
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
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. Register of Deeds duty bound to carry over notice of
lis pendens on all new titles to be issued
CANCELLATION OF LIS PENDENS:
1. Before final judgment court may order cancellation
after showing that notice I sonly for purpose of
molesting an adverse party or it is not necessary to
protect rights of party who caused it to be registered
2. Register of Deeds may also cancel by verified
petition of party who caused such registration
3. Deemed cancelled when certificate of clerk of court
stating manner of disposal of proceeding is
registered
NOTICE OF LIS PENDENS IS AN INVOLUNTARY TRANSACTION
Sufficient that there is entry in day book
OTHER PARTIES WHO NEED TO REGISTER:
1. ASSIGNEE IN INVOLUNTARY PROCEEDING
FOR INSOLVENCY
Duty of the officer serving notice to file copy of
notice to Register of Deeds where the
property of debtor lies
Assignee elected or appointed by court shall be
entitled to entry of new certificate of
registered land upon presentment of copy of
assignment with bankrupts certificate of
title (duplicate)
New certificate shall not that it is entered to him
as assignee or trustee in insolvency
proceedings
JUDGMENT/ORDER
VACATING
INSOLVENCY
PROCEEDINGS
Order shall also be registered
Surrender title issued in name of assignee &
debtor shall be entitled to entry of new
certificate
2.
CHAPTER 15:
DEVISE
Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S
PARTITION/SETTLEMENT OF ESTATE
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
EXTRAJUDICIAL
Decedent died intestate
No debts
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
ORAL PARTITION, WHEN DEEMED VALID
In provinces when person dies leaving property not
covered by Torrens system to avoid legal expenses,
heirs make a list of property, pay off debts & assign
to each
Statute of frauds do not operate because it is not a
conveyance but a separation of property and
designation of part which belongs to them
WILLS AND LETTERS OF ADMINISTRATION
Executor required to file with Register of Deeds a
certified copy of his letters of administration or the
will if there is a will in order that Register of Deeds
may register upon certificate a memorandum with
reference to file no & date of filing
COURT AUTHORITY NEEDED IN ORDER TO SELL
May be dispensed with if will empowers him sell
Without authority first secured, heir may sell subject to
result of pending administration
CHAPTER 16: ASSURANCE FUND
State creates a fund for the compensation of persons
injured by divesting/cutting off of rights due to the
indefensibility of title; following that act of
registration is operative act by which State transfers
title; created to relieve innocent persons from
harshness of doctrine that certificate of title is
conclusive evidence of an indefeasible title to land.
Upon entry of certificate in name of owner or TCT, of
1% shall be paid to Register of Deeds 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 P+I aggregates to 500,000, excess shall
LOSS/DAMAGES SHOULD
REASONS:
BE
DUE
TO THE
FOLLOWING
Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S
that it is issued in place of lost certificate
(duplicate)
If false statement: complex crime of estafa
thru falsification of public document
ADVERSE CLAIM IN REGISTERED LAND
Whoever claims a better right or interest in
a land adverse to the registered owner shall
make written statement alleging his right,
how and when acquired with description of
land
Statement to be signed and sworn to
Entitled to registration as adverse claim
noted on certificate of title
If there is petition speedy hearing,
determine validity of adverse claim
May be cancelled without court order;
effective only for 30 days
After cancellation, no adverse claim on
same ground may be registered by same
claimant
Adverse to registered owner
Arises after original registration
Cannot be registered under provisions
of land registration act
To be made on original certificate, to the
duplicate is not necessary because no access
Contracts of lease, contract to sell but
prescription and money claims are not
allowed
Purpose: measure designed to protect the
interest of a person over a property where
registration is not provided for by the land
registration act; serve as notice and warning
to persons subsequently dealing on said
land
Different with lis pendens: permanent; can
only be removed after hearing is done but
adverse claim is only for 30 days: lis
pendens notice that property is in
litigation; adverse claim; somebody is
claiming better right
Recent ruling: adverse claim can only be
removed upon court order
3. PETITION
SEEKING
SURRENDER
OF
DUPLICATE TITLE
In voluntary and involuntary conveyances
when duplicate cannot be produced, petition
in court may be filed to compel surrender of
certificate of title duplicate to Register of
Deeds
After hearing, may order issuance of new
certificate and annul the old certificate; new
certificate shall contain annotation re
annulment of old certificate
4. AMENDMENT
AND
ALTERATION
OF
CERTIFICATE OF TITLE
A certificate of title cannot be altered,
amended except in direct proceeding in
court; summary proceeding
Entries in registration books also not
allowed to be altered except by order of the
court
Grounds:
New interest not appearing on the
instrument have been created
Interest have terminated or ceased
Omission or error was made in entering
certificate
5. RECONSTITUTION
OF
ORIGINAL
CERTIFICATE OF TILE
As consequence of war records have been
destroyed
When reconstituted have same validity as
old title
Can only be done judicially by filing a
petition for reconstitution with RTC
To be published in OG for 2 cons issues and
on main entrance of municipality at least 30
days before hearing
In rem proceedings
Court to order reconstitution if it deemed
fit; issue order to Register of Deeds
Lack of essential data fatal
6. TRANSACTION
EVIDENCED
BY
LOST
DOCUMENT HOW REGISTERED
Register of Deeds forbidden to effect
registration of lost or destroyed documents
Steps by interested parties:
1. Procure authenticated copy of lost
or destroyed instrument
2. Secure an order from court
CHAPTER 18: FEES, OFFENSES, PENALTIES
In connection with original and subsequent
registration of lands payable to Clerk of court,
Register of Deeds, sheriff
Full payment of fees prerequisite to registration: at
least the entry fee of 5.00, rest of the fees due
payable within next 15 days
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
Forging of seal in Register of Deeds, name,
signature or handwriting of any officer of
court of Register of Deeds
Fraudulent stamping or assistance in stamping
Forging of handwriting, signature of persons
authorized to sign
Use of any document which an impression of the
seal of the Register of Deeds is forged
Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S
5.
PERSON.
PROCEDURE:
Official issuing instrument of conveyance to issue
instrument
File instrument with Register of Deeds
Instrument to be entered in books and owners duplicate
to be issued
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
Fees to be paid by grantee
After issuance of certificate of title, land is deemed
registered land within the purview of the Torrens
system
NATURE OF TITLE TO PUBLIC LANDS CONVEYED:
INDEFEASIBLE AND CONCLUSIVE
In absence of registration, title to public land is not
perfected and therefore not indefeasible
In case of 2 titles obtained on same date one procured
thru decree of registration is superior than patent
issued by director of lands
2 titles procured by one person one from homestead
patent, one from judicial decree & sold to 2 diff
persons, one who bought it for value and in good
faith & one who register first shall have preference
CLASSIFICATION OF LAND OF PUBLIC DOMAIN:
Classification is exclusive prerogative of executive & not
by judiciary
Anyone who applies for confirmation of imperfect title
has burden of proof to overcome the presumption
that the land sought to be registered forms part of
public domain (Regalian doctrine)
UNDER THE CONSTITUTION:
Agricultural only one subject to alienation
Forest or timber
Mineral lands
National park
UNDER THE PUBLIC LAND ACT:
1. Alienable/disposable
a. Agricultural
b. Residential, commercial, industrial
c. Educational, charitable
d. Town sites and for public and quasi-public
uses
2. Timber lands - inalienable
3. Mineral lands inalienable
If patent or title is issued void ab initio for
lack of jurisdiction
Not subject to acquisitive prescription; even if in
possession for long time, will not ripen into
ownership
Except: mineral lands and forest lands acquired
before inauguration of Commonwealth in
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Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S
TITLE ISSUED PURSUANT TO REGISTRATION OF PATENT
Indefeasible when registered, deemed incorporated with
Torrens system; 1 year after issuance of patent
May not be opened one year after entry by Land
Registration Authority; otherwise, confusion,
uncertainty & confusion on government system, of
distribution of public lands may arise & this must be
avoided
Except: annullable on ground of fraud, may be
reopened even after 1 year because registration does
not shield bad faith
Court in exercise of equity jurisdiction may
direct reconveyance even without ordering
cancellation of title
AIM OF HOMESTEAD PATENT:
Benevolent intention of government to distribute
disposable agricultural land to destitute citizens for
their home and cultivation
As a matter of public policy, may be repurchased even if
after 5 years provided not for profit
Right of repurchase not allowed if sold within family &
not for cultivating or living but for speculation
purpose
RESTRICTIONS:
Cannot be alienated within 5 years after approval of
application for patent
Cannot be liable for satisfaction of debt within 5 years
after approval of patent application
Subject to repurchase of heirs within 5 years after
alienation when allowed already
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:
Action for partition because it is not a conveyance
Alienations or encumbrances made in favor of the
government
ERRED HOMESTEADER NOT B ARRED BY PARI DELICTO
Pari delicto rule does not apply in void contract
Violation of prohibition results in void contract
Action to recover does not prescribe
HOMESTEADER
If he dies, succeeded by heirs in the application
LEGAL RESTRICTION IN DISPOSITION BY NON-CHRISTIANS
(CULTURAL MINORITIES)
Conveyance is valid if able to read and can
understand language where deed is written
Otherwise, not valid unless approved by Commission
on National Integration
Safeguard is to protect them against fraud/deceit
CHAPTER
20:
PROCEEDINGS
CADASTRAL
REGISTRATION
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:
11
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
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
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
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:
Age of claimant
Cadastral number of lot claimed
Name of barrio or municipality where
lot is located
Name of owners of adjoining lots
If in possession & without grant no of
years in possession
If not in possession state interest
claimed
If assessed of taxation assessed value
Any encumbrances affecting said lots
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
DECISION
Claimants are notified of decision
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
NATURE OF TITLE COVERED BY 2 ACTS:
Title in good faith & for value
Errors in plan does not annul decree of registration
Cancellation & correction is permitted
Z P G & A S S O C I AT E S ( Z A M B A L E S . PA B L O . G O N Z A L E S
LAND ALREADY REGISTERED
Jurisdiction is limited only to correction of technical
errors
Court cannot issue decree on land already decreed
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