Professional Documents
Culture Documents
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
7.
8.
ADVANTAGES:
1. Abolishes endless fees
2. Eliminates repeated examination of titles
3. Reduces records enormously
4. Instantly reveals ownership
5. Protects against encumbrances not noted on the
Torrens certificate
6. Makes fraud almost impossible
7. It assures
8. Keeps up the system without adding to burden of
taxation; beneficiaries of the system pay the fees
9. Eliminates tax titles
10. Gives eternal title as state ensures perpetuity
11. Furnishes state title insurance rather than private title
insurance
12. Makes possible the transfer of titles or of loans within
the compass of hours instead of a matter of days
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.
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
2.
3.
4.
2.
3.
REQUISITES OF OPPOSITION:
1. Set forth objections to the application
2. State interest claimed by oppositor
GENERAL DEFAULT
If no person appears and answers within time prescribed
SPECIAL DEFAULT
Party appears at initial hearing without having filed an
answer and ask court for time to file answer but
failed to do so within period allowed
CHAPTER 5: HEARING & DECREE
WHO CONDUCTS HEARING:
1. RTC
2. Refer to referee commissioner
PROCEEDINGS
NOTICE
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
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 AGGRIEVED PARTY IN
REGISTRATION PROCEEDINGS:
1. MOTION FOR NEW TRIAL - must be brought
within 15 days from notice of judgment
a. Fraud,
accident,
mistake,
excusable
negligence which ordinary prudence could
not have guarded
b. Newly discovered evidence which could not
be discovered & produced at trial
c. Evidence insufficient to justify decision,
decision is against the law
2. APPEAL must be brought 15 days from notice of
judgment
3. REVIEW OF DECREE OF REGISTRATION
available to party deprived of day in court; became
non-party due to misrepresentation; invoke actual
fraud; before expiration of 1 year; specific acts
intended to deceive; will no longer prosper if already
transferred to innocent purchaser for value
a. Plaintiff is owner of land registered in name
of defendant
b. Registration procured through actual fraud
c. Property has not issued to innocent
purchaser for value
d. Action is filed within 1 year after issuance
of decree of registration
RELIEF FROM JUDGMENT 60 days 6 months after
entry of order; available to party to case, FAME; after
judgment; person deprived of right is party to case
RECONVEYANCE action in personam; available so
long as property not passed yet to innocent purchaser
for value; bad faith or with notice of defect
RECOVERY FOR DAMAGES
Person is wrongfully deprived of his land by
registration in name of another actual or
constructive fraud
No negligence on his part
Barred/ precluded from bringing an action
Action for compensation has not prescribed
CHAPTER 7: CERTIFICATE OF TITLE
TORRENS TITLE certificate of ownership issued under the
Torrens System of registration by the government through
road naming & declaring owner in fee simple of property
described therein free from all liens except those expressly
noted
PROCESS:
1. Within 15 days from finality of order of judgment
directing registration of title court to order Land
registration Admin to issue decree of registration and
certificate of title
2. Clerk of court will send order of court & copies of
judgment
3. Administrator to issue decree of registration &
original & duplicate of OCT signed by
Administrator, entered & file decree of registration in
LRA
4. Send to Register of Deeds original & duplicate of
title & certificate for entry in his registration book
5. Enter in record book, dated, signed, numbered &
sealed take effect upon date of entry
6.
7.
8.
DEALINGS
WITH
3.
4.
5.
6.
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.
CHAPTER 9: REAL ESTATE MORTGAGE
4.
REAL ESTATE MORTGAGE real property/real rights secures
fulfillment of an obligation
KINDS:
1.
2.
3.
4.
5.
6.
ESSENTIAL REQUISITES:
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
Real Mortgage
Subject matter is real property
Public document only
Right of redemption for 1 year
Deficiency can be recovered
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
Property is mortgaged
There is stipulation for automatic appropriation
Discharge
Execute public document canceling or releasing
mortgaged in form prescribed by law
Present instrument with Register of Deeds where
land lies together with owners duplicate for
registration
Memorandum of cancellation is annotated on
duplicate & original
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
WHEN MORTGAGOR DIES
1. Abandon security & prosecute his claim by sharing in
general distribution of assets of the estate
2. Foreclose mortgage by making executor party
defendant
3. Foreclose it in due time
PARTIES IN FORECLOSURE SUIT: all persons claiming
interest subordinate in right to mortgagee
ACTION
contract)
TO
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
e.
f.
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
SUBJECT MATTER: movables
DEED OF MORTGAGE:
Requires only description to enable parties & other
persons to identify the subject matter
REGISTRATION OF CHATTEL MORTGAGE
Execution of document
Payment of fees
Register of Deeds enters in DAY BOOK in strict order of
their presentation chattel mortgages & other
instruments relating thereto (primary process)
Register of Deeds thereafter enters in a more detailed
form the essential contents of the instrument in the
Chattel Mortgage Register (complementary process)
EFFECT OF REGISTRATION:
Creates a lien attaches to the property whoever holds it;
binding on subsequent purchasers
Constructive notice
SALE OF CHATTEL WITHOUT CONSENT
void; criminal act
OF
MORTGAGEE
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
FORECLOSURE OF MORTGAGE
The must first be non-payment & at least 30 days have
elapsed since then
Alternatives:
Judicial
Extra-judicial
only
if
there
is
stipulation/authority
b.
c.
d.
e.
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
d. Balance mortgagor
RECOVERY OF DEFICIENCY: Allowed
CHAPTER 11: LEASE
LEASE one of parties deliver possession of property to
another who is obliged to pay rent for use of such property
REGISTRATION OF LEASE
File with Register of Deeds the instrument creating lease
together with Owners Duplicate of certificate of title
Register of Deeds to register by way of memorandum
upon certificate of title
No new certificate shall be issued
WHEN PROHIBITION IN MORTGAGED PROPERTY AS
REGARDS SUBSEQUENT CONVEYANCES, ETC.: Leasehold
cannot be registered in the title thereof
EFFECT OF REGISTRATION:
Creates a real right but without prejudice to rights of 3 rd
persons
If not registered valid as between parties but not to 3 rd
persons without notice
REGISTRATION lessor not required to initiate; lessee shall
initiate
ALIENS:
May be granted temporary rights for residential purposes
Limit: 25 years, renewable for another 25 years
WHO ELSE MAY REGISTER: Builder in Good Faith
CHAPTER 12: TRUSTS & POWERS OF ATTORNEY
TRUST obligation of a person to whom legal title to property
is transferred to hold the property according to confidence
reposed in him
2 KINDS:
Expressed need to be in writing; cannot be proved by
parole evidence
Implied exist by operation of law; can be proved by
parole evidence
a. Property is bought but paid by another party
f.
g.
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
4.
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
3.
4.
5.
INVOLUNTARY
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
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
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
When unsatisfied secondary liable is the National
Treasurer who shall pay thru assurance fund;
thereafter Government shall be subrogated to rights
of plaintiff to go against other parties or securities
MEASURE OF DAMAGES:
Based on amount not greater than fair market value
of land
Amount to be recovered not limited to 500,000 which
is maintained as standing fund
If fund is not sufficient, National Treasurer is
authorized to make up for deficiency from other
funds available to Treasury even if not appropriated
WHERE AND WHEN TO FILE ACTION AGAINST ASSURANCE
FUND:
Any court of competent jurisdiction RTC in city where
property lies or resident of plaintiff
Action prescribes in 6 years from time plaintiff actually
suffered loss
If plaintiff is minor, insane or imprisoned has additional
2 years after disability is removed to file action
notwithstanding expiration of regular period
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
Name of person on certificate has been
changed
Registered owner has married
Marriage has terminated
Corporation which owner registered
land has dissolved and has not
conveyed the property within 3
years after its dissolution
What corrections are permitted in title
(which does not include lands included in
original; technical description as long as
original decree of registration will not be
reopened and rights or interest of persons
not impaired; old survey was incorrect;
substitution of name of registered owner)
1. Alteration which do not impair
rights and
2. Alteration which impair rights
with consent of all parties
3. Alterations to correct obvious
mistakes
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
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
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
5. Fraudulent sale: sale of mortgaged property under the
misrepresentation that it is not encumbered; deceitful
disposition of property as free from encumbrance:
imprisonment of 3 years or fine not exceeding 2,00 or
both at discretion of court
CHAPTER 19: REGISTRATION OF PUBLIC LANDS
PUBLIC LANDS all lands owned by the government
Inalienable and alienable
Inalienable public domain: timber and miner lands
Alienable/ Disposable - public agricultural land
PUBLIC
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
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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
Lease not included since lease does not transfer ownership;
free-title grant: free distribution of public lands to
encourage people to cultivate; government furnishes the
applicant with tolls plus cash allowance to enable him to
cultivate
CONFIRMATION OF IMPERFECT TITLE:
Last extension granted by Government was until
December 31, 1987
Right made available to person qualified to acquire
alienable and disposable public land thru open,
continuous, exclusive, notorious (OCEN) possession
under bonafide claim of ownership since June 12,
1945.
Prior to transfer of sovereignty from Spain to
US, have applied for purchase but did not
receive title, without default on their part
provided they have occupied since their
application
In OCEN possession since June 12, 1945 or
earlier
Members of cultural minorities in OCEN who
has claim of ownership for at least 30 years
MAX LAND THAT CAN BE APPLIED: 144 hectares
In case of foreigner, sufficient that he is already Filipino
citizen at the time of his application
Corporation who has less 60% Filipino ownership cannot
apply confirmation of imperfect title; can only lease
PERSONS COMPETENT TO QUESTION LAND GRANT
Persons who obtained title from State or thru persons who
obtained title from State
PATENT
WHEN IS GOVERNMENT GRANT DEEMED ACQUIRED BY
OPERATION OF LAW:
1. Deed of conveyance issued by government
patent/grant
2. Registered with Register of Deeds mandatory:
operative act to convey & transfer title
3. Actual physical possession, open & continuous
Land ceased to be part of public domain & now
ownership vests to the grantee
Any further grant by Government on same land
is null & void
Upon registration, title is indefeasible
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
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:
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
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
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
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