LAND TITLES & DEEDS

REVIEWER
LAND REGISTRATION
Purposes:
1. To quiet title
2. To provide a means of publication
Ways of Registering Title
1. Judicial
filing of petition with the court
decree OCT
2. Administrative
filing of petition with the DENR or the
Director of Lands
patent OCT
2 Kinds of Registration Proceedings
1. Original securing of title for the first
time (OCT)
2. Subsequent registration after the
original registration (OCT TCT)
Kinds of Original Registration
1. Ordinary
voluntary registration
Kinds:
a. Under P.D. No. 1529
b. Under Sec. 48(b) of CA No. 141,
as amended
2. Cadastral
compulsory registration initiated by the
government.
involuntary registration
Original Registration Proceeding
proceeding brought before the Regional Trial
Court (land registration court) to determine title
or ownership of land on the basis of an
application for registration or answer by a
claimant in a cadastral registration.
Systems of Registration
1. Registered lands under the Torrens
system
2. Unregistered lands under Act No. 3344
and P.D. No. 1529
TORRENS SYSTEM
a system for registration of land under which,
upon the landowners application, the court may,
after appropriate proceedings, direct the
issuance of a certificate of title.
Purposes:
1. To avoid possible conflicts of title in and to
real property; and
2. To facilitate transactions relative thereto by
giving the public the right to rely upon the
face of the Torrens certificate of title and to
dispense with the need of inquiring further,
except when the party concerned has actual

knowledge of facts and circumstances that

should imply a reasonably cautious man to
make such further inquiry.
TORRENS TITLE
certificate of ownership issued under the
Torrens system of registration by the
government, through the Register of Deeds,
naming and declaring the owner in fee simple of
the real property described therein, free from all
liens and encumbrances except such as may be
expressly noted thereon or otherwise reserved
by law.
it is conclusive against the whole world,
including the government, and to a holder
thereof in good faith it is guaranteed to be
indefeasible, unassailable, and imprescriptible.
Probative Value: Torrens Title may be received
in evidence in all courts of the Philippines, and
shall be conclusive as to all matters contained
therein, principally the identity of the owner of
the covered land thereby, except so far as
provided in the Land Registration Act.
Administration of the Torrens System
1. Land Registration Authority (LRA) agency of
the government charged with the efficient
execution of laws relative to the registration of
lands.
2. Register of Deeds (RD) the public repository
of records of instruments affecting registered or
unregistered lands and chattel mortgages in the
province or city wherein such office is located.
The function of the Register of Deeds
with reference to the registration of
deeds, encumbrances, instruments and
the like is ministerial in nature (Baranda
vs. Gustilo, 165 SCRA 757)
Instances when RD may deny registration:
1. Where there are more than 1 copy of
the owners duplicate certificate of title
and not all such copies are presented in
the Register of Deeds
2. Where the voluntary instrument bears
on its face infirmity
3. Where the validity of the instrument
sought to be registered is in issue in a
pending court suit
4. When the document is not verified and
notarized
8
MODES
OF
ACQUIRING
TITLES:
(PREPA2ID)
1. Public grant
based on the Public Land Acts
2. Reclamation
filling up of parts of the sea for conversion
to land.
The SC has ruled that only the National
Government may engage in reclamation
projects. (Republic vs. CA; P.D. 3-A.)
3. Emancipation patent or grant

 based on P.D. No. 27

Private grant or voluntary transfer
Adverse possession or prescription
Accretion
Involuntary alienation
E.g. eminent domain/expropriation
8. Descent or devise
4.
5.
6.
7.

Registrable Lands:
1. Public agricultural lands
2. Private lands
Non-registrable lands:
1. Those found in Civil Code provisions
dealing with non-registrable properties
(e.g. property of public domain)
2. Specific
kinds
of
non-registrable
properties or lands:
a. Forest or timberland, public
forest, & forest reserve
b. Mangrove swamps
c. Mineral lands
d. Foreshore land & seashore
e. Navigable rivers, streams &
creeks
f. Lakes
g. Military Reservations
h. Watershed
i. Grazing lands
j. Previously titled land
k. Alluvial deposit along river when
man-made
13
1.
2.
3.
4.

5.

6.
7.
8.
9.
10.

11.

STEPS
IN
ORDINARY
LAND
REGISTRATION PROCEEDINGS: (SFSTP-SFH-PIEST)
Survey of the land by the Bureau of Lands
or a duly licensed private surveyor;
Filing of Application for Registration by the
applicant;
Setting of date for initial hearing by the
court;
Transmittal of Application and date of initial
hearing together with all documents or other
evidences attached thereto by the Clerk of
Court to the Land Registration Authority;
Publication of Notice of Filing of Application
and date and place of hearing once in the
Official Gazette and once in a newspaper of
general circulation in the Philippines;
Service of Notice upon contiguous owners,
occupants and those known to have interest
in the property by the sheriff;
Filing of Answer or Opposition to Application
by any person whether named in the notice
or not;
Hearing of the case by the court;
Promulgation of judgment by the court;
Issuance of decree by the court declaring
the decision final and instructing the Land
Registration Authority to issue a Decree of
Confirmation and Registration;
Entry of Decree in the Land Registration
Authority;

Note: This serves as the reckoning date

to determine the 1-year period from
which one can impugn the validity of the
registration.
12. Sending of copy of Decree to the
corresponding Register of Deeds; and
13. Transcription of Decree in the registration
book and issuance of Owners Duplicate
Original Certificate of Title of the applicant
by the Register of Deeds upon payment of
the prescribed fees.
Applicable to proceedings under P.D. No.
1529 and in the judicial confirmation of
imperfect title under sec. 48(b) of the
Public Land Act, as amended (C.A. No.
141)
A certificate of title issued without fully
complying with the above requisites is thus
illegal and invalid and may be cancelled by the
courts.
JUDICIAL CONFIRMATION OF IMPERFECT
OR INCOMPLETE TITLE
Applicants:
1. Filipino citizens who by themselves or
through their predecessor-in-interest
have been in open, continuous,
exclusive and notorious possession and
occupation of:
a) alienable and disposable lands
of public domain under bona
fide claim of acquisition since
June 12, 1945 or prior thereto
b) agricultural lands of public
domain under a bona fide claim
of acquisition of ownership, for
at least 30 years or at least
since January 24, 1947
2. Private corporations or associations
which had acquired lands from Filipino
citizens
3. Natural-born citizens of the Philippines
who have lost their citizenship, who
have acquired disposable and alienable
lands of public domain from Filipino
citizens
What Applicant Must Prove:
1. That the land is alienable and
disposable land of public domain; and
2. Possession and occupation must be for
a length of time and in a manner and
concept stated in Sec. 48 (b) of the
Public Land Act.
Specific Evidence:
A. Proof that land is alienable, disposable
and registrable (Director of Lands vs. Buyco)
1. Presidential proclamation
2. Executive Order
3. Administrative Order issued by the
DENR
4. Bureau of Forest Development Land
Classification Map
5. Certification by Director of Forestry

6. Investigation reports of Bureau of

Lands
7. Legislative act or statute
B. Proof of identity of land
1. Survey plan in general
2. Tracing cloth plan and blue print
copies of plan
3. Technical description of the land
4. Tax declarations
5. Boundaries and area
Original Survey of the land
must be approved by the Director of Lands
Filing of Application
1. RTC
original jurisdiction
converted into a land registration court
2. MTC
principle of delegated jurisdiction
cases filed with the RTC may be endorsed to
the MTC for hearing and trial, provided that:
a) The amount involved does not exceed
P100,000.00
b) There is must be no controversy
Persons Who May Apply for Registration:
(Sec. 14, PD No. 1529)
1. Those who, by themselves or through their
predecessors-in-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;
2. Those who have acquired ownership of
private lands by prescription under the
provisions of existing laws;
3. Those who have acquired ownership of
private lands or abandoned river beds by
right of accession or accretion; and
4. Those who have acquired ownership of land
in any other manner provided for by law.

copy of the notice of initial hearing of the

application to the mailed to the following:
a. Every person named in the notice
whose address is known
b. Secretary
of
DPWH,
Provincial
Governor, and Mayor of the municipality
or city, as the case may be in which the
land lies if applicant requests to have
the line of a public way or road
determined
c. Secretary of DAR, Solicitor General,
Director of Land Management, Director
of Mines and/or Director of Fisheries
and Aquatic Resources, as the case
may be, 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
that a tenant-farmer or the national
government may have a claim adverse
to the applicant.
3. Posting
Posting of the copy of the Notice of Hearing
duty of the Sheriff
must be made for 14 days before date of initial
hearing, in conspicuous places
Note: Certification by the LRA and the sheriff
that the requisite publication and posting have
been complied with is conclusive proof of such
facts.
Service of Notice upon contiguous owners
indispensable
lack of service constitutes extrinsic fraud

Publication,

Answer or Opposition
adverse claimants must set forth in their
answer all their objections to the application and
must claim that title should instead be issued to
them.
the supporting evidence is the same as that
required of an original applicant

1. Publication
Official Gazette and newspaper of general
circulation
Purposes:
1. To confer jurisdiction over the land
applied for upon the court
2. To charge the whole world with
knowledge of the application of the land
involved

Hearing
the court may either:
1. hear the parties and their evidence; or
2. refer the case or any part thereof to a
referee or commissioner.
Because of the Regalian Doctrine, the burden
of proving interest in the land is incumbent upon
the applicant.
evidence may be testimonial or documentary,
e.g. survey plan, tracing cloth plan, and other
muniments of title.

2. Mailing
Mailing of the Notice of Hearing
Administrator of Land Registration Authority
shall cause a copy of the notice shall cause a

Muniments of title: instruments or written

evidences which applicant holds or possesses to
enable him to substantiate and prove title to his
estate.

Mailing,
and
Posting
Requirements (PMP)
mandatory and jurisdictional requirements

Judgment
the court has 2 duties:
1. Render judgment, declare the same
final, and cause the decisions entry;
and
2. Order the LRA to issue decree of
registration.
The court decision is reduced into a
compact statement.
The court may reverse its decision even after
the LRA has already issued the decree of
registration, provided that such decree has still
not been entered in the LRA records.
Duties of the LRA:
1. Issue a decree of registration;
2. Enter the decree in its records;
3. Send copy of the decree to the Register
of Deeds.
The RD issues the certificate of title.
DECREE OF REGISTRATION
issued by the LRA
Contents:
1. date , hour, minute of entry
2. signature of the LRA Administrator
3. whether the owner is married or
unmarried, and if married, the name of
the husband or wife
CERTIFICATE OF TITLE
issued by the RD
true copy of the decree of registration
Probative value: best evidence of ownership of
registered land
Attributes and Limitations:
GENERAL RULE: Every registered owner
receiving a certificate of title in pursuance of
registration and every subsequent purchaser
taking a certificate for value and in good faith
shall hold the same free from all encumbrances.
EXCEPTIONS:
1. Those noted on the certificate
2. Liens claims or rights arising or existing
under the laws and the Constitution, not
required to appear of record in the
Register of Deeds to be valid
3. Unpaid real estate taxes levied and
assessed within 2 years immediately
preceding the acquisition of the right
over the land by an innocent purchaser
for value
4. Any public highway, or private way
established or recognized by law, or any
government irrigation canal or lateral
thereof, if the certificate of title does nit
state the boundaries of such
5. Any disposition of the property or
limitation on the use thereof pursuant to
P.D. 27 or any other law or regulations
on agrarian reform
Indefeasibility of Certificate of Title

GENERAL RULE: Upon expiration of 1 year

from and after the entry of the decree of
registration in the LRA, the certificate of title
becomes incontrovertible and indefeasible.
EXCEPTIONS:
1. If previous valid title of the same land
exists
2. When land covered is not capable of
registration
3. When acquisition of certificate is
attended by fraud
Annotations in the certificate of title, however,
are not conclusive and indefeasible.
Doctrine of Non-Collateral Attack of Decree
or Title
a decree of registration cannot be subject to
collateral attack after the lapse of 1 year from
the entry thereof in the LRA.
CADASTRAL REGISTRATION
Procedure:
1. Cadastral survey
2. Filing of petition
3. Publication of Notice of Initial Hearing in
Official Gazette
4. Filing of Answer
5. Hearing of the case
6. Decision
7. Issuance of Decree and Certificate of Title
P.D. No. 1529
CADASTRAL
1. Nature of Registration
Voluntary
Compulsory
2. Applicant
Landowner
Director of Lands
3. Lands Covered
Usually
involves all classes of lands are
private land; it may included
also refer to public
agricultural lands if the
object of the action is
confirmation of an
imperfect title
4. Parties
Applicant
and landowners must come
opponent
to court as claimants of
their own lands
5. Purpose
petitioner comes to government asks the
court to confirm his court to settle and
title and seeks the adjudicate the title of
registration of the land the land
in his name
6. Person who Requests the Survey
Landowner
Government
7. Effect of Judgment

No adverse claim; if
the applicant fails to
prove his title, his
application may be
dismissed
without
prejudice
(no
res
judicata)

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

Other Matters Within the Jurisdiction of

Cadastral Courts:
1. To declare the property subject of the
proceeding public land, if there are no
successful claimants
2. To order the correction of the technical
description of the land
3. To resolve the priority of overlapping titles
4. To adjudicate lands already covered by
certificate of title, where there exists serious
controversy
as
to
the
certificates
authenticity vis--vis the land covered
therein
REMEDIES OF AGGRIEVED PARTY IN
REGISTRATION PROCEEDINGS
1. New Trial
2. Relief from Judgment
3. Appeal
4. Petition for Review
5. Action for Reconveyance
6. Action for Damages
7. Action for Compensation from Assurance
Fund
8. Cancellation Suits/Annulment of judgment
9. Quieting of title
10. Criminal Action
Requisites for Entitlement to Compensation
from the Assurance Fund:
a. Claimant, who must be an owner, purchaser
or encumbrance in good faith, suffered
actual damage by the loss of the land or
interest therein;
b. No negligence is attributable to him;
c. Loss or damage suffered was not
occasioned by breach of trust or any
mistake in the resurvey of subdivision of the
registered land;
d. Claimant is, by provisions of the Land
Registration Act, barred or in any way
precluded from bringing an action to recover
the land or interest therein, or from
obtaining compensation direct from the
person responsible;
e. Action to recover from the Assurance Fund
has not prescribed; and
f. Loss or damage was due to any of the
following:
1. Through the omission, mistake or
misfeasance of the Clerk of Court or
Registrar of Deeds;
2. By registration of any other person as
owner of such land;

3. By mistake, omission or misdescription

in a certificate or owners duplicate, or
in any entry or memorandum in the
register or other official book.
LAND PATENTS
Kinds:
1. Homestead patent
2. Free patent
3. Sales patent
4. Special Patents
Restriction on Alienation/Encumbrance of
Lands titled Pursuant to Patents:
1. Lands acquired under free patent ar
homestead patent is prohibited, except
if in favor of the government 5 years
from and after the issuance of the
patent or grant
2. Transfer or conveyance of any
homestead after 5 years and before 25
years after issuance of title without the
approval of the Secretary of DENR
RECONSTITUTION OF CERTIFICATE OF
TITLE
The restoration of the instrument which is
supposed to have been lost or destroyed in its
original form and condition.
Kinds:
1. Judicial
2. Administrative - may be availed of only in
case of:
a) Substantial loss or destruction of the
original land titles due to fire, flood, or
other force majeure as determined by
the
Administrator
of
the
Land
Registration Authority;
b) The number of certificates of title lost or
damaged should be at least 10% of the
total number in the possession of the
Office of the Register of Deeds;
c) in no case shall the number of
certificates of title lost or damaged be
less than P500; and
d) Petitioner must have the duplicate copy
of the certificate of title. (RA 6732)
Note: The law provides for
application thereof to cases
immediately preceding 1989.

retroactive
15 years

When the duplicate title of the landowner is

lost, the proper petition is not reconstitution of
title, but one filed with the court for issuance of
new title in lieu of the lost copy.
SUBSEQUENT REGISTRATION
where incidental matters after original
registration may be brought before the land
registration court by way of motion or petition
filed by the registered owner or a party in
interest.

Dealings with registered lands:

1. Voluntary
a. Sale
b. Real Property Mortgage
c. Lease
d. Pacto de retro sale
e. Extra-judicial settlement
f. Free patent/homestead
Registration of Voluntary Instruments
a. Instrument must be in a form sufficient in law
Nationality of the applicant is an
important qualification.
b. Presentation of the deed or instrument
c. Presentation of the Certificate of Title
d. Certificate Authorizing Registration, as
issued by the BIR
proof of payment of capital gains tax
and documentary stamps
e. Entry in the Primary Entry Book
The date of registration is material for
purposes of Art. 1544 of the CC re:
double sales.
f. Payment of prescribed fees
2. Involuntary
a. Attachments
i. preliminary attachment
ii. garnishment
iii. levy on execution
b. Registration of sale of land on execution,
or for taxes, or for any assessment
c. Adverse Claim
Requisites for Registrability:
i.
adverse to registered owner
ii.
arises after original registration
iii. cannot be registered under any
other provisions of the Land
Registration Act.
If annotated in the certificate of title, it
cannot be cancelled without court order.
d. Notice of Lis Pendens
When Applicable:
i. to recover possession of real
estate
ii. to quiet title thereto
iii. to remove clouds upon title
thereof
iv. for partition
v. any other proceeding of any kind
in court directly affecting the title
to the land or the use or
occupation thereof or the building
thereon.
When Inapplicable: (PAPAL)
i. proceedings for the recovery of
money judgments
ii. attachments
iii. proceedings on the probate of
wills
iv. administration of the estate of
deceased persons

v. levies on execution
e. Foreclosure
UNREGISTERED LANDS
1. Voluntary and involuntary instruments
affecting unregistered land must also be
registered;
2. With respect to voluntary instruments, it is
the registration thereof that makes them binding
as even as against third persons; and
3. A party to such instrument may, when
proper, resort to the remedy of consultas.
Sale of Unregistered lands:
a. There must be a deed or instrument of
conveyance
b. There must be an agreement to register the
land under the Torrens System with the RD
Even without registration, the contract is valid
and binding upon the parties thereto alone and
not upon third parties without notice.
However, as to third parties, knowledge is
tantamount to registration.