San Beda Land Titles and Deeds

244 2005 CENTRALIZED BAR OPERATIONS
LAND TITLES & DEEDS

LAND REGISTRATION TORRENS TITLE
Purposes: Certificate of ownership issued by
1. To quiet title to land and to stop the Register of Deeds, naming and
forever any question as to the declaring the owner of the real
legality of said title. property described therein, free
2. To provide a means of from all liens and encumbrances
publication except such as may be expressly
noted thereon or otherwise reserved
TORRENS SYSTEM by law.
A system for registration of land
under which, upon the landowners Conclusive against the whole world,
application, the court may, after including the government and to a
appropriate proceedings, direct the holder thereof in good faith, it is
issuance of a certificate of title. guaranteed to be indefeasible,
unassailable, and imprescriptible.
Purposes:
1. To avoid possible conflicts of title Title once registered cannot be
regarding real property, impugned, altered, changed,
2. To facilitate transactions relative modified, enlarged, or diminished
thereto by giving the public the right except in some direct proceeding
to rely upon the face of the Torrens permitted by law.
certificate of title and to dispense
with the need of inquiring further Probative Value: Torrens Title may
EXCEPT when the party concerned has be received in evidence in all courts
actual knowledge of facts and of the Philippines, and shall be
circumstances that should imply a conclusive as to all matters
reasonably cautious man to make such contained therein, principally the
further inquiry. identity of the owner of the covered
land thereby.
NOTE:
Registration was never intended as a MODES OF ACQUIRING TITLE: (PREPA2ID)
means of acquiring ownership. 1. Public grant
(Republic vs. CA, 131 SCRA 539). based on the Public Land Acts
Registration is not equivalent to obtained through issuance of
title. Under the Torrens system, Spanish Govt. of Royal Grants and
registration only gives validity to the concessions to discoverers and
transfer or creates a lien upon the settlers.
land. It was not established as a 2. Reclamation
means of acquiring title to the filling up of parts of the sea for
private land because it merely conversion to land.
confirms, but does not confer, The SC has ruled that only the
ownership (Lu vs Manipon, 381 SCRA National Government may engage in
788) reclamation projects. (Republic vs.
Lands granted under Spanish CA, 299 SCRA 199; P.D. 3-A.)
Mortgage Law which are not yet 3. Emancipation patent or grant
covered by certificate of title under based on P.D. No. 27 (CARP of
Torrens System are considered as 1972)
unregistered lands. (Sec. 3 P.D. for the purpose of ameliorating
1529) the sad plight of farmers and of
2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

Maricel Abarentos (Over-all Chairperson), Ronald Jalmanzar (Over-all Vice Chair), Yolanda Tolentino(VC-Acads), Jennifer
Ang(VC- Secretariat), Joy Inductivo (VC-Finance), Elaine Masukat (VC-EDP), Anna Margarita Eres (VC-Logistics). Jonathan
Mangundayao (Political Law), Francis Benedict Reotutar (Labor Law), Romuald Padilla (Civil Law), Charmaine Torres (Taxation Law),
Mark David Martinez (Criminal Law), Garny Luisa Alegre (Commercial Law), Jinky Ann Uy (Remedial Law), Jackie Lou Bautista (Legal
Ethics)
San Beda College of Law 245
MEMORY AID IN CIVIL LAW
releasing them from the bondage of to the registration of lands and

the soil. under executive supervision of DOJ.
4. Private grant or voluntary transfer (Sec. 4 P.D. 1529)
5. Adverse possession or prescription
Adverse possession actual Functions of the Administrator:
possession of land in opposition to all a. Issue decrees of registration
other claimants. pursuant to final judgments of
Prescription possession of land the courts in land registration
for required number of years and proceedings and cause the
assertion of ownership through an issuance by the Registers of
interrupted actual possession of Deeds of the corresponding
property within the period of time certificates of title.
prescribed by law. b. Exercise supervision and control
6. Accretion over all Registers of Deeds and
3 Requisites for accretion: other personnel of the
a) deposition of soil or sediment be Commission.
gradual and imperceptible; c. Resolve cases elevated en
b) result of the action of waters of consulta by or on appeal from
the river; the decision of the Register of
c) land where accretion takes place Deeds
is adjacent to bank of rivers or d. Exercise executive supervision
sea coast. over all clerks of court and
Accretion does not automatically personnel of the courts with
become registered. It needs new respect to the discharge of their
registration. duties and functions in relation
Accretions on the bank of a lake, to the registration of lands
like Laguna de Bay, belong to the e. Implement all orders, decisions,
owners of the estate to which they and decrees promulgated
have been added, while accretion on relative to the registration of
the sea bank still belongs to the lands and issue, subject to the
public domain, and is not available approval of the Secretary of
for private ownership until formally Justice, all needful rules and
declared by the government to be no regulations
longer needed for public use. f. Verify and approve subdivision,
(Republic vs. Amanda vda. De consolidation, and consolidation-
Castillo, 163 SCRA 286) subdivision survey plans of
Registration does not protect the properties titled under Act 496
riparian owner against diminution of and PD 1529 except those
land through accretion. If alluvium is covered by PD 957.
wiped away, registration is rendered g. Acts as clerk of court in land
of no effect because subject is gone. registration proceedings
7. Involuntary alienation
E.g. eminent 2. Register of Deeds (RD)
domain/expropriation The public repository of records of
8. Descent or devise instruments affecting registered or
By descent, title is acquired unregistered lands and chattel
when an heir succeeds the deceased mortgages in the province or city
owner in testate or intestate. wherein such office is located. (Sec.
By devise, person acquires land 10, P.D. 1529)
from one who may not be a relative,
if he is named in the deceaseds will. Function: To immediately register
an instrument presented for
Administration of the Torrens System registration dealing with real or
1. Land Registration Authority (LRA) personal property which complies
Agency of the government charged with all the requisites for
with the execution of laws relative registration.
CIVIL LAW COMMITTEE

CHAIRPERSON: Romuald Padilla ASST.CHAIRPERSON: Vida Bocar, Joyce Vidad EDP: Alnaiza Hassiman, Dorothy Gayon
SUBJECT HEADS: Christopher Rey Marasigan (Persons and Family Relations), Alejandro Casabar(Property), Ma. Rhodora
Ferrer(Wills and Succession), Ian Dominic Pua(Obligations and Contracts), Sha Elijah Dumama(Sales and Lease), John Stephen
Quiambao(PAT), Christopher Cabigao(Credit Transactions), Ligaya Alipao(Torts and Damages), Anthony Purganan(LTD),
Ma. Ricasion Tugadi (Conflicts of Law)
DOCTRINES: issuance of Original Certificate

The function of the Register of of Title (OCT) by Register of
Deeds with reference to the Deeds
registration of deeds, encumbrances,
instruments and the like is 2. Administrative
ministerial in nature (Baranda vs. filing of application at CENRO/
Gustilo, 165 SCRA 757) PENRO
The law on registration does not forwarded to the Reg. Director
require that only valid instruments and/or DENR for the issuance of
shall be registered. If the purpose of patent and Register of Deeds for
registration is merely to give notice, issuance of OCT
then questions regarding the effect
or invalidity of instruments are Registrable Lands:
expected to be decided after, not 1. Alienable public agricultural lands
before registration. It must follow 2. Private lands
as a necessary consequence that
registration must first be allowed, Non-registrable lands:
and validity or effect litigated Those found in Civil Code provisions
afterwards. (Almirol vs. The Register dealing with non-registrable
of Deeds of Agusan, 22 SCRA 1152) properties (e.g. property of public
dominion)
Instances when RD may deny
registration: Specific kinds of non-registrable
1. Where there are more than 1 copy properties or lands:
of the owners duplicate certificate a. Forest or timberland, public
of title and not all such copies are forest, & forest reserve
presented in the Register of Deeds b. Mangrove swamps
2. Where the voluntary instrument c. Mineral lands
bears on its face infirmity d. Foreshore land & seashore
3. Where the validity of the instrument NOTE: Foreshore land is the strip of
sought to be registered is in issue in land that lies between the high and
a pending court suit low water marks and is alternatively
4. When the document is not verified wet and dry according to the flow of
and notarized (Gallardo vs. IAC, 155 the tide. It is part of the public
SCRA 248) domain and not susceptible of
Note: disposition except by lease (Roble
A deed of sale executed in a vs. Arbase)
place other than where the property e. Navigable rivers, streams &
is located does not affect extrinsic creeks
validity of the instrument as long as f. Lakes
the notary public concerned has g. Military Reservations
authority to acknowledge the h. Watershed
document executed within his i. Grazing lands
territorial jurisdiction. j. Previously titled land
Notarial acknowledgment k. Alluvial deposit along river when
attaches full faith and credit to man-made
document and vests upon it
presumption of regularity. (Sales vs. SYSTEMS OF REGISTRATION
CA, 211 SCRA 885, 865)
1. ORIGINAL REGISTRATION UNDER PD
Ways of Registering Title NO. 1529
1. Judicial NATURE: proceeding brought before
filing of petition with the regular the Regional Trial Court ( as a land
courts registration court) to determine title
issuance of a decree by LRA or ownership of land on the basis of
an application for registration or

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answer by a claimant in a cadastral If land is situated between

registration. boundaries of two provinces,
Kinds of Original Registration application must be filed:
1. Voluntary by filing with the proper a) boundaries are not defined
court in the RTC of the place where it
a) Under P.D. No. 1529 (Property is declared for taxation
Registration Decree) purposes;
b) Under Sec. 48 of CA No. 141, b) boundaries are defined
Public Land Act separate plan for each portion
2. Involuntary cadastral proceedings must be made by surveyor and a
compulsory registration initiated separate application for each lot
by the government, to must be filed with appropriate
adjudicate ownership of land RTC.
involuntary on the part of the 3. Setting of date for initial hearing by
claimants but they are the court;
compelled to substantiate their 4. Transmittal of Application and date
claim or interest through an of initial hearing together with all
answer documents or other evidences
attached thereto by the Clerk of
A. REQUISITES (STEPS) IN ORDINARY Court to the Land Registration
LAND REGISTRATION PROCEEDINGS Authority;
(P.D. 1529): (SFS-TP-SFH-PIEST) 5. Publication of Notice of Filing of
The following requisites must also be Application and date and place of
complied with in the confirmation of hearing once in the Official Gazette
imperfect or incomplete title under and once in a newspaper of general
Section 48 (b) of the Public Land Act circulation in the Philippines;
1. Survey of the land by the Bureau of NOTES:
Lands or a duly licensed private it is at this point that the court
surveyor; acquires jurisdiction over the
NOTES: subject matter
must be drawn in a tracing cloth this is done by the Administrator
plan who acts as the clerk of court
approved ONLY by the Director 6. Service of Notice upon contiguous
of Land Management (authority owners, occupants and those known
of LRA to approve such plan was to have interest in the property by
withdrawn by P.D. 239 dated the sheriff;
July 9, 1983) 7. Filing of Answer or Opposition to
Application by any person whether
2. Filing of Application for Registration named in the notice or not;
by the applicant; 8. Hearing of the case by the court;
NOTES: NOTES:
always at the RTC of the Republication or amendment of
province, city or municipality technical description of land is
where property is situated. necessary when there is
it is then indorsed to the MTC if substantial increase of the area
there is no controversy over the of the land. If increase is merely
land or its value is less than minimal, no republication is
P100,000 needed. (Benin vs. Tuason, 57
in cases of delegated jurisdiction SCRA 531)
to the MTC, appeal is direct to 9. Promulgation of judgment by the
the Court of Appeals court;
Bureau of Land must always be 10. Issuance of decree or order by the
furnished with a copy of the court declaring the decision final and
petition and all pertinent instructing the Land Registration
documents Authority to issue a Decree of
Confirmation and Registration;
CIVIL LAW COMMITTEE

NOTES: not exceeding 1,000 hectares in

it is not the court BUT the LRA area for a period of 25 years and
which issues the decree of renewable for not more than 25
confirmation and registration years. (Sec. 3, Chapter XII, 1987
1 year after issuance of decree, Constitution)
it becomes incontrovertible and Notwithstanding the prohibition
amendments of the same will in the 1973 and 1987
not be allowed except merely in Constitutions against private
case of clerical errors. corporations holding lands of the
Decree of registration may be public domain except by lease,
reviewed on the ground of fraud still a private corporation may
and must be filed within 1 year institute confirmation
from entry of the decree. proceedings under Section 48(b)
11. Entry of Decree in the Land of Public Land Act if, at the time
Registration Authority; of institution of the registration
NOTE: This serves as the reckoning proceedings, the land was
date to determine the 1-year period already private land. (Dir. of
from which one can impugn the Lands vs. IAC and ACME
validity of the registration. Plywood, 146 SCRA 509)
12. Sending of copy of Decree to the
corresponding Register of Deeds; and C. Persons who cannot file an
13. Transcription of Decree in the application for registration
registration book and issuance of 1. A public land sales applicant insofar
Owners Duplicate Original as the land covered by his sales
Certificate of Title of the applicant application is concerned. Reason:
by the Register of Deeds upon he acknowledged that he is not the
payment of the prescribed fees. owner of the land and that the same
is public land. [Palawan Agricultural
B. Persons Who May Apply for and Industrial Co., Inc. vs. Dir. of
Registration: (Sec. 14, PD No. 1529) Lands, 44 SCRA 15 (1972)]
1. Those who, by themselves or through 2. A mortgagee or his successor in
their predecessors-in-interest, have interest to the mortgage,
been in open, continuous, exclusive notwithstanding the lapse of the
and notorious possession and period for the mortgagor to pay the
occupation of alienable and loan secured to redeem it. Reason:
disposable lands of the public such act would amount to a pactum
domain under a bona fide claim of commissorium which is against good
ownership since June 12, 1945, or morals and public policy. [Reyes vs.
earlier; Sierra, 93 SCRA 472, 480 (1979)]
2. Those who have acquired ownership 3. An antichretic creditor cannot also
of private lands by prescription acquire by prescription the land
under the provisions of existing laws; surrendered to him by the debtor.
3. Those who have acquired ownership Reason: His possession is not in the
of private lands or abandoned river concept of owner. [Ramirez vs. CA,
beds by right of accession or 144 SCRA 292, 301 (1996)]
accretion; and 4. A person or entity whose claim of
4. Those who have acquired ownership ownership to land had been
of land in any other manner provided previously denied in a reivindicatory
for by law. action. [Kidpales vs. Baguio Mining
NOTES: Co., 14 SCRA 913, 916, 918 (1965)]
All these persons must be
natural-born Filipino Citizens. D. Amendments to application that
However, by way of exception, require publication
juridical persons may apply for RULES:
registration of leased The court may order, at any time, an
agricultural and disposable lands application to be amended by

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striking out one or more of the authority to the RD to register

parcels of land applied for or by a such documents
severance of the publication (Sec. 18 b. It is only the act of registering
P.D. 1529) the instrument in the Register of
Amendments to the application Deeds of the province of city
including joinder, substitution, or where the land lies which is the
discontinuance as to the parties may operative act that conveys
be allowed by the court at any stage ownership or affects the land
of the proceedings upon just and insofar as third persons are
equitable terms. In such cases, concerned.
publication is not necessary. c. The act of registration creates a
Publication and notice are necessary constructive notice to the whole
where the amendment to the world of such voluntary or
application consists in: involuntary instrument or court
a. substantial change in the writ or process.
boundaries
b. an increase in the area of the Scope of Subsequent dealings with
land applied for registered land
c. the inclusion of additional land Voluntary Involuntary
NOTE: Dealings Dealings
purpose of the new publication is 1. Concept Refer to Refer to such
to give notice to all persons deeds, writ order or
concerned regarding the instruments process
amended application. Without a or issued by a
new publication, the registration documents court of
court cannot acquire jurisdiction which are record
over the area covered by the results of affecting
original application, and the the free and registered
decision of the registration court voluntary land which by
would be a nullity insofar as the acts of the law should be
decision concerns the newly parties registered to
included land. (Benin vs. Tuason, thereto be effective,
57 SCRA 531) and also to
an amendment due to change of such
name of the applicant does not instruments
require republication [Dir. of which are not
Lands vs. IAC, 219 SCRA 399, 345 the willful
(1993)] acts of the
registered
2. SUBSEQUENT REGISTRATION owner and
Where incidental matters after which may
original registration may be brought have been
before the land registration court by executed
way of motion or petition filed by even without
the registered owner or a party in his knowledge
interest. or against his
Rules as to the necessity and effects consent.
of registration in general
2. Kinds - sale -
a. Except a will that purports to
- real attachment
convey or affect a registered
property - mandamus
land, the mere execution of
mortgage - sale on
deeds of sale, mortgages, leases
- lease execution of
or other voluntary documents
- pacto de judgement
serves only 2 purposes: (1) as a
retro sale or sales for
contract between the parties
-extra- taxes
thereto and (2) as evidence of
CIVIL LAW COMMITTEE

judicial - adverse may subsequently defeat his

settlement claims right thereto. (Fule vs. Legare.
- free - notice of GR No. 17951)
patent/ lis pendens The exception to the above rule
homestead is embodied in the case of Dela
- powers of Merced vs. GSIS (365 SCRA 1)
attorney where the court ruled that
- trusts when the purchaser or
3. Effects An innocent Entry thereof mortgagee is a financing
of purchaser in the day institution, the general rule that
registration for value of book of the a purchaser or mortgagee of the
registered Register of land is not required to look
land Deeds is further than what appears on the
becomes sufficient face of the title does not apply.
the notice to all Every person dealing with
registered persons even registered land may safely rely
owner the if the owners on the correctness of the
moment he duplicate certificate of title issued
presents certificate of therefore and the law will in no
and files a title is not way oblige him to go behind the
duly presented to certificate to determine the
notarized the Register condition of the property. Even
and valid of Deeds. if a decree in a registration
deed of sale proceeding is infected with
and the nullity, still, an innocent
same is purchaser for value relying on a
entered in Torrens title issued in pursuance
the day thereof is protected (Cruz vs. CA
book and at & Suzara, 281 SCRA 491)
the same Although generally a forged or
time he fraudulent deed is a nullity and
surrenders conveys no title, however, there
or presents are instances when such a
the owners fraudulent document may
duplicate become the root of a valid title.
certificate One such instance is where the
of title certificate of title was already
covering the transferred from the name of
land sold. the true owner to the forger,
and while it remained that way,
Rules and Doctrines: the land was subsequently sold
1. Voluntary Dealings to an innocent purchaser. (Fule
In voluntary sale of land, the vs Legare)
registration of the instrument is In the case of Tomas vs. Tomas
the operative act that transmits (GR No. L-36897) the Supreme
or transfers title. Court ruled that above rule
Where there is nothing on the cannot be applied where the
certificate of title to indicate owner still holds a valid and
any cloud or vice in the existing certificate of title
ownership of the property, or covering the same property
any encumbrance thereon, the because the law protects the
purchaser is not required to lawful holder of a registered
explore further than what the title over the transfer of a
Torrens title upon its face vendor, bereft of any
indicates in quest for any hidden transmissible right
defect or inchoate right that

Ethics)
Well settled is the rule that all b. such right arose subsequent to
persons dealing with property date of original registration;
covered by Torrens certificate of c. no other provision is made in the
title are not required to go Decree for the registration of such
beyond what appears on the face right or claim
of the title. When there is (Sec. 70, 1st par., P.D. 1529)
nothing on the COT indicating Formal requisites of an adverse
any cloud or vice in the claim for purposes of registration:
ownership of the property, or a) adverse claimant must state the
any encumbrance thereon, the following in writing:
purchaser is not required to 1) his alleged right or interest
explore further than what the 2) how and under whom such
Torrens Title upon its face alleged right or interest is
indicates in quest for any hidden acquired
defect or inchoate right that 3) the description of the land in
may subsequently defeat his which the right or interest is
right thereto. [Centeno vs CA, claimed
139 SCRA 545, 555 (1985)] 4) the certificate of title
Exceptions for applicability: number
1) purchaser in bad faith [Egao b) such statement must be signed
vs. CA, 174 SCRA 484, 492 and sworn to before a notary
(1989)]; public
2) sufficiently strong indications c) claimant shall state his residence
to impel closer inquiry into the or place to which all notices may
location, boundaries and be served upon him
condition of the lot. (Francisco an adverse claim is a notice to third
vs. CA 153 SCRA 330, 336, 337); persons that someone is claiming an
3) where a person buys land not interest on the property or has a
from the registered owner but better right than the registered
from one whose right to the land owner thereof, and that any
has been merely annotated on transaction regarding the disputed
the COT. (Quiniano vs. CA 39 land is subject to the outcome of the
SCRA 221); dispute (Sajonas vs CA, [GR No.
4) purchaser of land the 102377, July 5, 1996)
certificate of title contains a notice of lis pendens is intended to
notice of lis pendens; constructively advise, or warn all
5) purchaser with full knowledge people who deal with the property
of flaws and defects in the that they so deal with it at their own
title.(Bernales vs. IAC 166 SCRA risk, and whatever rights they may
519, 524; Lu vs. Manipon, 381 acquire in the property in any
SCRA 788) voluntary transaction are subject to
the results of the action, and may
2. Involuntary Dealings well be inferior and subordinate to
Involuntary dealings affecting those which may be finally
registered land which must be determined and laid down therein.
registered: (Heirs of Maria Marasigan vs IAC. 152
a. attachments SCRA 253).
b. sale on execution or for taxes or
for any assessment Notice of lis pendens is proper in the
c. adverse claim following cases:
d. notice of lis pendens 1. to recover possession of real estate
2. to quiet title thereto
Claim or interest is adverse when: 3. to remove clouds upon the title
a. claimants right or interest in thereof
registered land is adverse to the 4. for partition, and
registered owner;
CIVIL LAW COMMITTEE

5. any other proceeding of any kind in Section 48, as amended by PD

court directly affecting the title to No. 1073, Sec. 4).
the land or the use of occupation 2. Filipino citizens who by
thereof or the building thereon. themselves or their
predecessors-in-interest have
When notice of lis pendens been, prior to the effectivity of
inapplicable: (PAPAL) PD 1073 on January 25, 1977, in
1. proceedings for the recovery of open, continuous, exclusive and
money judgments notorious possession and
2. attachments occupation of agricultural lands
3. proceedings on the probate of wills of the public domain, under a
4. administration of the estate of bona fide claim of acquisition of
deceased persons ownership, for at least 30 years,
5. levies on execution or at least since January 24,
6. Foreclosure 1947 (RA No. 1942).
3. Private corporations or
NOTE: notice of lis pendens may be associations which had acquired
cancelled in the following cases before lands from Filipino citizens who
final judgment upon order of the court: had possessed the same in the
1. when it is shown that the notice is manner and for the length of
for the purpose of molesting the time indicated in paragraphs 1
adverse party and 2 above
2. when it is shown that it is not 4. Natural-born citizens of the
necessary to protect the right of the Philippines who have lost their
party who caused the registration citizenship and who has the legal
thereof capacity to enter into a contract
3. where the evidence so far presented under Philippine laws may be a
by the plaintiff does not bear out the transferee of private land up to
main allegations of the complaint a maximum area of 5,000 sq,m,
4. where the continuances of the trial in case of urban land or 3
are unnecessarily delaying the hectares in case of rural land to
determination of the case to the be used by him for business or
prejudice of the defendant other purposes. (Section 5, RA
5. upon verified petition of the party No. 8179)
who caused the registration thereof
6. it is deemed cancelled after final NOTE: When the conditions set by law
judgment in favor of defendant, or are complied with, the possessor of the
other disposition of the action such land, by operation of law, acquires a
as to terminate all rights of the right to a grant, a government grant,
plaintiff to property involved. without the necessity of a certificate of
the title being issued. The law, as
JUDICIAL CONFIRMATION OF presently phrased, requires that
IMPERFECT OR INCOMPLETE TITLE possession of lands of the public domain
Applicants: must be from June 12, 1945 or earlier,
1. Filipino citizens who by for the same to be acquired through
themselves or through their judicial confirmation of imperfect title.
predecessors-in-interest have (Republic vs Doldol. 295 SCRA 359)
been in open, continuous,
exclusive and notorious Applicant Must Prove:
possession and occupation of 1. That the land is alienable and
alienable and disposable lands of disposable land of public domain;
public domain under a bona fide and
claim of acquisition since June 2. That they have been in open,
12, 1945 or prior thereto or since continuous, exclusive, and notorious
time immemorial (CA No. 141, possession and occupation of the
land for the length of time and in

Ethics)
the manner and concept provided by sections can only be granted if there
law. is unanimity among the parties, or
Extended period for filing of that there is no adverse claim or
application: Section 1, RA No. 9176 serious objection on the part of any
provides in part that The time to be party in interest; otherwise, the case
fixed in the entire archipelago for becomes controversial and should be
the filing of applications under this threshed out in an ordinary case or
chapter shall not extend beyond 31 in the case where the incident
December 2020. Provided that the properly belongs. (Tagaytay-Taal vs.
area applied for does not exceed CA. 273 SCRA 182)
twelve (12) hectares.
EXCEPTION: Delegated Jurisdiction of
Section 3 of RA No. 7196 provides the MTC to hear and determine cadastral
that All pending applications filed or land registration cases covering lots
before the effectivity of this where there is no controversy or
amendatory act shall be treated as opposition, or contested lots, the value
having been filed in accordance with of which does not exceed P100,000.00
the provisions of this Act.
Publication, Mailing, and Posting
Filing of Application (Extent of Requirements: (PMP)
Jurisdiction) - compliance is mandatory and
GENERAL RULE: Application for land jurisdictional [Republic vs. Marasigan,
registration shall be filed with the RTC 198 SCRA 219 (1991)]
of the province or city where the land is
situated. 1. Publication of notice of initial
DOCTRINES: hearing
PD No. 1529 has eliminated the Official Gazette and newspaper of
distinction between the general general circulation (Sec. 23, P.D.
jurisdiction vested in the RTC and 1529)
the limited jurisdiction conferred Purposes:
upon it by the former law when a. To confer jurisdiction over the
acting merely as land registration land applied for upon the court
court. Aimed at avoiding b. To charge the whole world with
multiplicity of suits, the change has knowledge of the application of
simplified registration proceedings the land involved
by conferring upon the regional trial NOTE: If it is later shown that the
courts the authority to act not only decree of registration had included land
on original applications but also or lands not included in the original
those filed after original application as published, then the
registration, with power to hear and registration proceedings and the decree
determine all questions arising upon of registration must be declared null and
such applications or petitions. void insofar but only insofar- as the
(Averia vs. Caguioa. 146 SCRA 459 ; land not included in the publication is
Ignacio vs CA 246 SCRA 242) concerned. This is so because the court
The issues raised before the RTC did not acquire jurisdiction over the land
sitting as a land registration or not included in the publication- the
cadastral court involved substantial publication being the basis of the
or controversial matters and, jurisdiction of the court. (Benin vs.
consequently, beyond said courts Tuason. 57 SCRA 531)
jurisdiction. The issues may be If difference is not so substantial as
resolved only by a court of general it would not affect the identity of
jurisdiction. Thus, petitions under the land, republication is not
Secs. 75 and 108 of PD 1529 can be necessary.
taken cognizance of by the RTC If the amendment of the survey plan
sitting as a land registration or during the registration proceedings
cadastral court but relief under said does not involve an addition, but on
CIVIL LAW COMMITTEE

the contrary, a reduction of the before the date of initial hearing, and
original area that was published, no shall be conclusive proof of such fact
new publication is required. (Secion 24, P.D. 1529).
[Republic vs. CA, 71 SCRA 665
(1996)] NOTE: Service of Notice upon contiguous
Publication alone in newspaper of owners:
general circulation would not suffice indispensable
to confer jurisdiction to RTC. It must lack of service constitutes
be published in the Official Gazette extrinsic fraud
in order that jurisdiction to court be
conferred. Answer or Opposition
oppositor to an application need not
2. Mailing be named in the notice of initial
Mailing of the Notice of Hearing hearing.
Administrator of Land Registration adverse claimants must set forth in
Authority shall cause a copy of the their answer all their objections to
notice of initial hearing of the the application and must claim an
application to be mailed to the interest to the property applied for,
following: based on a right of dominion or some
a) Every person named in the other real right independent of, and
notice whose address is known not at all subordinate, to the rights
b) Secretary of DPWH, Provincial of the government.
Governor, and Mayor of the
municipality or city, as the case The following may be proper
may be, in which the land lies, if oppositors:
applicant requests to have the 1. a homesteader who have not yet
line of a public way or road been issued his title but who had
determined fulfilled all the conditions required
c) Secretary of DAR, Solicitor by law to entitle him to a patent;
General, Director of Land 2. a purchaser of friar land before the
Management, Director of Mines issuance of the patent to him; and
and/or Director of Fisheries and 3. persons who claim to be in
Aquatic Resources, as the case possession of a tract of public land
may be, if the land borders on a and have applied with the Bureau of
river, navigable stream or shore, Lands for its purchase.
or on an arm of the sea where a
river or harbor line has been Evidence
established, or on a lake, or if it The applicant must prove:
otherwise appears from the 1. that the land applied for has been
application that a tenant-farmer declassified from the forest or
or the national government may timber zone and is a public
have a claim adverse to the agricultural land, is alienable and
applicant. disposable, or otherwise capable of
registration.
c) Posting NOTE: Specific evidence
Posting of the copy of the Notice of a) Presidential proclamation
Hearing is a duty of the Sheriff which b) Executive Order
must be made at least 14 days c) Administrative Order issued by
before date of initial hearing, in the Secretary of DENR
conspicuous places. d) Bureau of Forest Development
Land Classification Map
NOTE: Certification of the Administrator e) Certification by Director of
of LRA and of the Sheriff concerned to Forestry
the effect that the notice of initial f) Investigation reports of Bureau
hearing, as required by law, has been of Lands investigator
complied with shall be filed in the case g) Legislative act or by statute

Ethics)
2. The identity of the land long do not start the running of the
NOTE: Proof of Identity of land period of prescription. (Ordoez vs.
a) Survey plan in general CA, 188 SCRA 109);
b) Tracing cloth plan and blue print d) where applicants tacked their
copies of plan possession to that of their
c) Technical description of the land predecessor-in-interest but they did
d) Tax declarations not present him as witness or when
e) Boundaries and area no proofs of what acts of ownership
and cultivation were performed by
3. Possession and occupation of the the predecessor (Dir. of Lands vs.
land for the length of time and in Datu, 115 SCRA 25)
the manner required by law e) mere failure of Fiscal representing
Effect of Possession the State to cross-examine the
General Rule: Open, exclusive and applicant on the claimed possession
undisputed possession of alienable public [Republic vs. Lee, 197 SCRA 1320
land for the period prescribed by law (1991)];
creates the legal fiction whereby the f) possession of other persons in the
land, upon completion of the requisite land applied for impugns the
period ipso jure and without need of excusive quality of the applicants
judicial or other sanctions, ceases to be possession (Dir. of Lands vs. CA and
public land and becomes private Salazar, 133 SCRA 701)
property.
The present possessor may NOTE: Proof of private ownership
complete the period necessary for a. Spanish title, impending cases
prescription by tacking his possession NOTE: Although Spanish titles are
to that of his grantor or predecessor- now inadmissible and ineffective as
in-interest (Article 1138, Civil Code) proof of ownership in land
Tacking of possession is allowed registration proceedings filed after
only when there is privity of contract Aug. 16, 1976, so that all lands
or relationship between the previous granted under the Spanish mortgage
and present possessors [South City law system of registration which are
Homes, Inc. vs. Republic, 185 SCRA not yet covered by a certificate of
700 (1990)] title issued under the Torrens system
are deemed as unregistered land,
Insufficient proofs of possession: there are still cases in court which
a) mere casual cultivation of portions particularly involve possessory
of the land by claimant. Reason: information titles
possession is not exclusive and
notorious so as to give rise to a b. Tax declarations and tax payments
presumptive grant from the State NOTES:
(Republic vs. Vera, 120 SCRA 210; While tax declarations and real
Director of Lands vs. Reyes 68 SCRA estate tax receipts are not
177) conclusive evidence of ownership, if
b) tax declaration of land sought to be presented as documentary evidence
registered which is not in the name coupled with proof of actual
of applicant but in the name of possession for the period required by
deceased parents of an oppositor. law of the land, they are evidences
Reason: possession of applicant is of ownership. (Heirs of Maningding
not completely adverse or open, nor vs CA 276 SCRA). Moreover, even if
it is truly in the concept of an belatedly declared for taxation
owner. (Sunga vs. De Guzman, 90 purposes, it does not negate
SCRA 618); possession especially if there is no
c) holding of property by mere other claimant of the land (RP vs CA
tolerance of the owner. Reason: and Divinaflor 349 SCRA)
holder is not in the concept of owner Where the taxes for 31 years,
and possessory acts no matter how 1946 to 1976, were paid only in
CIVIL LAW COMMITTEE

1976, a few months prior to filing of applicant which involves a property

the application, such payment does over which the decedent has no
not constitute sufficient proof that transmissible right, and in other
applicant has bona fide claim of cases where issue of ownership was
ownership during those years prior to not definitely passed upon (Dir. of
filing of the application [Republic vs. Lands vs. IAC, 195 SCRA 38);
CA, 131 SCRA 140 (1984)] c) survey plan of an inalienable land.
Mere failure of the owner of the NOTE: Such plan does not
land to pay the realty tax thereon convert such land into alienable
does not warrant a conclusion that land, much less private property
there was abandonment of his right [Republic vs. CA, 154 SCRA 476
to the property (Reyes vs. Sierra, 93 (1987)]
SCRA 472)
HEARING, JUDGMENT, AND POST
c. Presidential issuances and JUDGMENT INCIDENTS IN ORDINARY
Legislative acts LAND REGISTRATION
NOTES:
constitutive of a fee simple A. Hearing
title or absolute title in favor of the The court may:
grantee (Republic rep. by Mindanao 1. hear the parties and their evidence;
Medical Center vs. CA, 73 SCRA 146) or
a law or statute which ceded or NOTE: In the exercise of delegated
transferred in full ownership a jurisdiction, the MTC can no longer
reserve area in favor of a govt. appoint commissioners
institution thereby effectively 2. refer the case or any part thereof to
transferred ownership to transferee. a referee or commissioner.
[Intl Hardwood and Veneer Co. of NOTE: While referee can receive
the Phils. vs. U.P., 200 SCRA 554 evidence and objections, it has no
(1991)] power to rule on the case. Its main
duty is to receive evidence and
d. Other kind of proof submit its findings and
1. Testimonial evidence (i.e. recommendations to the court.
accretion is on a land adjacent to a NOTE: Muniments of title:
river. Any evidence that accretion instruments or written evidences
was formed through human which applicant holds or possesses to
intervention negates the claim enable him to substantiate and prove
[Binalay vs. Manalo, 195 SCRA 374 title to his estate.
(1991)];
2. Deeds of sale; B. Judgment
2 duties of the court:
Proofs insufficient to establish private 1. Render judgment, declare the same
right or ownership: final, and cause the decisions entry;
a) compromise agreement among and
parties to a land registration case 2. Order the LRA to issue decree of
where they have rights and interest registration.
over the land and allocated portions
thereof to each of them; Doctrines
NOTE: assent of Dir. Of Lands Only claimed property or a portion
and Dir. of Forest Management to thereof can be adjudicated. If the
compromise agreement did not and applicant asserts ownership to and
could not supply the absence of submits evidence only for a portion
evidence of title required of the of a lot, the inclusion of the portion
applicant [Republic vs. Sayo, 191 not claimed by the applicant is void
SCRA 71 (1990)] and of no effect for a land
b) decision in an estate proceeding of a registration court has no jurisdiction
predecessor-in-interest of an to decree a lot to a person who put

Ethics)
no claim to it and who never The decree of registration binds the

asserted any right of ownership over land, quiets title thereto, subject
it (Almarza vs Arguelles 156 SCRA only to such exceptions or liens as
718). may be provided by law. It is
A land registration court has no conclusive upon all persons including
jurisdiction to adjudge a land to a the national government and all
person who has never asserted any branches thereof, whether
right of ownership thereof (Caragay- mentioned by name in the
Layno vs. CA, 133 SCRA 718) application or notice, the same
The court may reverse its decision being included in the general
even after the LRA has already description To All Whom It May
issued the decree of registration Concern. And such conclusiveness
(Gomez vs CA 168 SCRA 503). does not cease to exist when the
NOTE: The judgment becomes final upon title is transferred to a successor.
the lapse of 15 days counted from (Melgar vs. Pagayon. 21 SCRA 841)
receipt of notice of the judgment. The duty of the land registration
However, notwithstanding the lapse of officials to issue the decree of
the 15-day period from receipt of registration is ministerial in the
judgment by the parties, the court sense that they act under the orders
continues to retain control over the case of the court and the decree must be
until the expiration of 1 year after the in conformity with the court
entry of decree of registration by the judgment and with the data found in
LRA. the record. However, if they are in
doubt upon any point in relation to
C. Post-Judgment Incidents the preparation and issuance of the
a. Writ of possession decree, they are duty bound to refer
GENERAL RULE: The judgment the matter to the court. They act in
adjudicating ownership to the successful this respect, as officials of the court.
applicant impliedly carries with it the The administrator is thus not legally
delivery of possession if he is deprived, obligated to issue the decree where,
since the right of possession is inherent upon his verification, he finds that
in that of ownership subject land has already been
EXCEPTIONS: decreed and titled in anothers
1. A writ of possession does not lie in a name. (Ramos vs. Rodriguez, 244
land registration case against a SCRA 418)
person who entered the property
after issuance of the final decree Contents: (Sec. 31 P.D. 1529)
and who had not been a party in the a. Date, hour and minute of its entry
case b. It shall state whether the owner is
2. A writ of possession cannot be issued married or unmarried, and if
in a petition for reconstitution of married, the name of spouse:
allegedly lost or destroyed provided that if the land is conjugal
certificate of title. property, the decree shall be issued
in the name of both spouses
b. Writ of demolition c. If the owner is under disability, the
- a complement of the writ of nature of such disability, and if a
possession, without which the latter minor, his age
would be ineffective (Lucero vs. Loot 25 d. Description of the land and shall set
SCRA 678) forth the estate of the owner, and
also, in such manner as to show their
DECREE OF REGISTRATION relative priorities, all particular
This is the decree issued by the LRA estates, mortgages, easements,
pursuant to the order of the court. liens, attachments, and other
As such, the decree has been encumbrances
considered as the condensed form e. Other matters to be determined in
of the courts judgment. pursuance of law
CIVIL LAW COMMITTEE

CERTIFICATE OF TITLE a. Those noted on the certificate

This is the true copy of the decree of b. Liens claims or rights arising or
registration or the transcription existing under the laws and the
thereof and like the decree shall Constitution, which are not by
also be signed by LRA Administrator law required to appear of
(Sec. 39, PD No. 1529) record in the Register of Deeds
It takes effect upon the date of in order to be valid
entry thereof, and the land covered c. Unpaid real estate taxes levied
thereby becomes registered land on and assessed within 2 years
that date immediately preceding the
Registration does not vest title. It is acquisition of the right over the
merely evidence of such title over a land by an innocent purchaser
particular property. And a Torrens for value
certificate is the best evidence of d. Any public highway, or private
ownership over registered land. way established or recognized by
(Villanueva vs. CA, 198 SCRA 472; law, or any government
Chavez vs. PEA & Amari Coast Bay irrigation canal or lateral
Devt. Corp., 384 SCRA 153) thereof, if the certificate of title
However, simple possession of a does not state the boundaries of
certificate of title does not such highway or irrigation canal
necessarily make the holder thereof or lateral thereof have been
a true owner of all the property determined
described therein, such as when title e. Any disposition of the property
includes by mistake or oversight, or limitation on the use thereof
land which can no longer be pursuant to P.D. 27 or any other
registered under the Torrens system, law or regulations on agrarian
as when the same land has already reform.
been registered and an earlier
certificate for the same land is in 2. Incontrovertible and indefeasible
existence. (Caragay-Layno vs. CA, GENERAL RULE: Upon expiration of 1
133 SCRA 718) year from and after the entry of the
In determining whether a property decree of registration in the LRA, the
belongs to the conjugal partnership decree and the corresponding certificate
or paraphernal property of one of of title becomes incontrovertible and
the spouses, it is important to note indefeasible.
in whose name or names the title is EXCEPTIONS:
registered. This is so because the a. If previous valid title of the same
certificate of the title does not land exists
establish the time of the acquisition b. When land covered is not
of the property. It only confirms a capable of registration
pre existing title. (Ponce de Leon vs c. When acquisition of certificate is
Rehabilitation Finance Corp., 36 attended by fraud
SCRA 289)
3. Registered land not subject to
Attributes and Limitations on prescription
certificates of title and registered Thus, even adverse, notorious and
lands: continuous possession under claim of
1. Free from liens and encumbrances ownership for the period fixed by
Claims and liens of whatever law is ineffective against a Torrens
character existing against the land title. (JM Tuason and Co. Inc. vs. CA,
prior to the issuance of the 93 SCRA 146)
certificate of title are cut off by The fact that title to land was lost
such certificate and the certificate does not mean that the land ceased
so issued binds the whole world, to be registered land before the
including the government. reconstitution of its title. It cannot
EXCEPTIONS: perforce be acquired by

Ethics)
prescription. (Rivera vs. CA, 244 adjudication of title to the lands or lots
SCRA 218) involved in said proceeding.
3. Certificate of title not subject to Procedure:

collateral attack 1. Notice of cadastral survey published
Sec 48. P.D. 1529 A certificate once in OG and posted in
of title shall not be subject to collateral conspicuous place; copy furnished
attack. It cannot be altered, modified, mayor and barangay captain
or cancelled except in a direct 2. Notice of date of survey by BLM and
proceeding in accordance with law. posting in bulletin board of the
municipal building of the
General Incidents of Registered Land municipality or bario, and shall mark
Registered land or the owners the boundaries of the lands by
thereof are not relieved from the monuments set up in proper places
following: thereon
a. From any rights incident to the 3. Cadastral survey
relation of husband and wife, 4. Filing of petition
landlord and tenant 5. Publication, mailing, and posting
b. From liability to attachment or NOTE: Publication of Notice of Initial
levy on execution Hearing to be published twice in
c. From liability to any lien of any successive issues of the Official
description established by law on Gazette
the land and buildings thereon, 6. Filing of Answer
or in the interest of the owner in 7. Hearing of the case
such land or building 8. Decision
d. From any right or liability that 9. Issuance of Decree and Certificate of
may arise due to change of the Title
law of descent
e. From the rights of partition Actions taken by the Cadastral court of
between co-owners the trial:
f. From the right of government to 1. Judgment or decision which
take the land by eminent domain adjudicates ownership of the land
g. From liability to be recovered by involved in favor of one or more
an assignee in insolvency or claimants. This is the decree of the
trustee or bankruptcy under the court.
laws relative to preferences 2. Declaration by the court that the
h. From any other rights or decree is final and its order for the
liabilities created by law and issuance of the Certificate of Title
applicable to unregistered land by the LRA
3. Registration of the decree by the
CADASTRAL REGISTRATION LRA and issuance of the
a proceeding in rem, initiated by the corresponding Certificate of Title
filing of a petition for registration by
the government, not by the persons Doctrine: The Cadastral court is not
claiming ownership of the land limited to merely adjudication of
subject thereof, and the latter are, ownership in favor of one or more
on the pain of losing their claim claimants. If there are no successful
thereto, in effect compelled to go to claimants, the property is declared
court to make known their claim or public land. Additionally, while the
interest therein, and to substantiate court has no jurisdiction to adjudicate
such claim or interest lands already covered by a Certificate of
Title, it is nonetheless true that this rule
NOTE: Here, the government does not only applies where there exists no
seek the registration of land in its name. serious controversy as to the
The objective of the proceeding is the certificates authenticity vis--vis the
land covered therein. (Republic vs Vera
CIVIL LAW COMMITTEE

120 SCRA 210; Widows and Orphans has become final and a new trial is
Assoc., Inc. vs CA 201 SCRA 165.) not available
Grounds: when a judgment is
P.D. No. 1529 CADASTRAL entered against a party through
1. Nature of Registration fraud, accident, mistake, or
Voluntary Compulsory excusable negligence, such party
2. Applicant may file a petition in the court that
Landowner Director of Lands rendered such judgment praying that
3. Lands Covered the said judgment be set aside.
Usually involves all classes of lands Period of filing: within 60 days after
private land; it may are included the petitioner learns of the
also refer to public
judgment, order, or proceeding and
agricultural lands if
the object of the not more than 6 months after such
action is judgment or order was entered or
confirmation of an such proceeding was taken.
imperfect title
4. Parties 3. Appeal
Applicant and Landowners must under P.D. 1529, judgments and
opponent come to court as orders in land registration cases are
claimants of their appealable to the Court of Appeals
own lands or to the Supreme Court in the same
5. Purpose
manner as ordinary actions
Petitioner comes to Government asks the
court to confirm his court to settle and
must be filed within 15 days from
title and seeks the adjudicate the title receipt of the judgment or final
registration of the of the land order appealed from.
land in his name
6. Person who Requests the Survey 4. Petition for Review (of a DECREE)
Landowner Government any person may file a petition for
7. Effect of Judgment review to set aside the decree of
No adverse claim; if if none of the registration on the ground that he
the applicant fails to applicants can prove was deprived of their opportunity to
prove his title, his that he is entitled to be heard in the original registration
application may be the land, the same
case not later than one (1) year after
dismissed without shall be declared
prejudice (no res public (res judicata) the entry of the decree.
judicata) NOTE: It is a petition for REVIEW OF
JUDGEMENT when it is filed after
REMEDIES OF AGGRIEVED PARTY IN rendition of the decision but before the
REGISTRATION PROCEEDINGS entry of the decree of registration. And
it is a petition for REVIEW OF THE
1. New Trial DECREE when it is filed within the one
Grounds: (Section1 Rule 37,Rules of year period after such entry.
Court)
a. fraud, accident, mistake or Grounds for review of the decree:
excusable negligence which a) actual or extrinsic fraud refers
ordinary prudence could not to any fraudulent act of the
have guarded against successful party in a litigation which
b. newly discovered evidence is committed outside the trial of a
c. award of excessive damages, or case against the defeated party, his
insufficiency of the evidence to agents, attorneys or witnesses,
justify the decision whereby defeated party is prevented
Period of filing: within the 15-day from presenting full and fairly his
period for perfecting an appeal side.
b)fatal infirmity in the decision for
2. Relief from Judgment want of due process (Tiongco vs, De
Nature: subsidiary remedy, i.e. may la Merced, 58, SCRA 89);
be availed only when the judgment c) lack of jurisdiction of the court

Ethics)
Requisites for REVIEW OF THE where the person

DECREE: enforcing the trust
a. petitioner has a real and is in actual
dominical right possession of the
b. he has been deprived thereof property because
c. through fraud (actual/extrinsic) he is in effect
d. petition is filed within one year seeking to quiet
from issuance of the decree title to the same
e. the property has not yet passed which is
to an innocent purchaser for imprescriptible
value 3. Express trust not barred by
prescription
5. Action for Reconveyance 4. Void Contract imprescriptible
an action seeking to transfer or
reconvey the land from the
registered owner to the rightful 6. Action for Damages
owner May be resorted to when a petition
may be filed even after the lapse of for review and an action for
one year from entry of the decree of reconveyance is no longer possible
registration as long as the property because the property has passed to
has not been transferred or an innocent purchaser for value and
conveyed to an innocent purchaser in good faith.
for value. an ordinary action for damages
an action for reconveyance does not prescribes in ten (10) years after the
aim or purport to reopen the issuance of the Torrens title over the
registration proceedings and set property.
aside the decree of registration but
only to show that the person who 7. Action for Compensation from
secured the registration of the Assurance Fund
questioned property is not the real Requisites:
owner thereof. The action, while a) The aggrieved party or the suitor
respecting the decree as sustained loss or damage, or is
incontrovertible, seeks to transfer or deprived of land or any estate or
reconvey the land from the interest therein;
registered owner to the rightful b) Such loss, damage or deprivation
owner. (Esconde vs Borlongay, 152 1) was occasioned by the
SCRA 603) bringing of the land under
the operation of the Torrens
Grounds for Reconveyance and system, or
corresponding period of prescription 2) arose after original
registration of land
Grounds Prescriptive c) The loss, damage or deprivation
Period was due to:
1. Fraud 4 years from the 1) fraud, or
discovery of the 2) any error, omission, mistake
fraud (deemed to or misdescription in any
have taken place certificate of title or in any
from the issuance entry or memorandum in the
of the original registration book
certificate of title) d) There was no negligence on his
2.Implied or 10 years from part
constructive trust the date of the e) He is barred or precluded under
issuance of the OCT the provisions of PD 1529 or
or TCT under the provision of any law
the above rule from bringing an action for the
does not apply
CIVIL LAW COMMITTEE

recovery of such land or the LAND PATENTS

estate or interest therein;
f) The action has not prescribed. Kinds:
To Whom
must be instituted within a period of Requirements
Granted
6 years from the time the right to 1. to any does not
bring such action first occurred- Homestead Filipino own more
which is the date of issue of the Patent citizen over than 24
certificate of title. the age of hectares of
18 years or land in the
8. Cancellation Suits head of a Phils. or has
Where two certificates are issued to family not had the
different persons covering the same benefit of any
land, the title earlier in date must gratuitous
prevail allotment of
The latter title should be declared more than 24
null and void and ordered cancelled. hectares
must have
9. Annulment of judgment resided
May only be availed of when the continuously
ordinary remedies of new trial, for at least 1
petition for relief, or other year in the
appropriate remedies are no longer municipality
available through no fault of where the
petitioner (Linzag vs. Court of land is
Appeals, 291 SCRA 304) situated
must have
10. Quieting of Title cultivated at
An action that is brought to remove least 1/5 of
clouds on the title to real property the land
or any interest therein, by reason of applied for
any instrument, record, claim, 2. Free to any does not
encumbrance or proceeding which is Patent natural own more
apparently valid or effective but is in born citizen than 12
truth and in fact invalid, ineffective, of the Phils. hectares of
voidable, or unenforceable, and may land
be prejudicial to said title. (Art. 476 has conti-
Civil Code) nuously
It is an ordinary civil remedy [Sy, Sr. occupied and
vs. IAC, 162 SCRA 130 (1988)] cultivated,
Aside from the registered owner, a either by
person who has an equitable right or himself or his
interest in the property may likewise predecessors
file such action (Mamadsul vs. -in- interest
Moson, 190 SCRA 82, 89) tract/s of
agricultural
11. Criminal Action public land
State may criminally prosecute for subject to
perjury the party who obtains disposition
registration through fraud, such as by
stating false assertions in the sworn
3. Sales citizens to have at
answer required of applicants in
Patent of the Phils. least 1/5 of
cadastral proceedings (People vs.
of lawful the land
Cainglet, 16 SCRA 749)
age or such broken and
citizens not cultivated

Ethics)
of lawful within 5 Actions against improper, illegal

age who is years from issuance of patents
head of a the date of 1. Reversion suits
family may the award The objective is the cancellation of
purchase shall have the certificate of title and the
public established consequential reversion of the land
agricultural actual covered thereby to the State.
land of not occupancy, Grounds for reversion:
more than cultivation a. Violation of Sections 118, 120, 121
12 hectares and and 122 of the Public Land Act (eg.
improvement Alienation or sale of homestead
of at least 1/5 executed within the 5 year
of the land prohibitory period)
until the date b. When land patented and titled is not
of such final capable of registration
payment c. Failure of the grantee to comply
4. Special to Non- Secretary with conditions imposed by law to
Patents Christian of the DILG entitle him to a patent or grant
Filipinos shall certify d. When area is an expanded area (see
under Sec. that the Republic vs. Heir of Villa Abrille, 71
84 of the majority of SCRA 57)
Public Land the non- e. When the land is acquired in
Act. Christian violation of the Constitution; eg.
inhabitants Land acquired by an alien may be
of any given reverted to the State.
reservation
have NOTE: indefeasibility of title,
advanced prescription, laches and estoppel do not
sufficiently bar reversion suits
in civilization
2. Cancellation Suits
NOTE: when a free patent title is issued it is the aggrieved private party that
to an applicant and the sea water moves institutes the action [Agne vs. Dir. of
toward the estate of the title holder, the Lands, 181 SCRA 793 (1990)]
invaded property becomes part of the
foreshore land. The land under the 3. Action for Reconveyance (see
Torrens system reverts to the public discussion on page 16)
domain and the title is annulled.
(Republic vs CA and Josefina Morato, RECONSTITUTION OF CERTIFICATE OF
281 SCRA) TITLE
Meaning: The restoration of the
Restriction on Alienation/Encumbrance instrument which is supposed to
of Lands titled Pursuant to Patents: have been lost or destroyed in its
1. Lands acquired under free patent or original form and condition, under
homestead patent is prohibited, the custody of Register of Deeds.
except if in favor of the government,
5 years from and after the issuance Purpose: to have the same
of the patent or grant (RP vs Heirs of reproduced, after proper
Felipe Alejaga, Sr., 939 SCRA 361) proceedings, in the same form they
2. Transfer or conveyance of any were when the loss or destruction
homestead after 5 years and before occurred. (Heirs of Pedro Pinote vs.
25 years after issuance of title Dulay, 187 SCRA 12)
without the approval of the
Secretary of DENR Kinds:
1) Judicial - partakes the nature of a
land registration proceeding in rem.
CIVIL LAW COMMITTEE

2) Administrative - may be availed of sufficient and proper basis for

only in case of: reconstitution.
a. Substantial loss or destruction of
the original land titles due to 2. For TCT
fire, flood, or other force a. Same as sources a), b), and c)
majeure as determined by the for reconstitution of OCT
Administrator of the Land b. Deed of transfer or other
Registration Authority; document containing description
b. The number of certificates of of property covered by transfer
title lost or damaged should be certificate of title and on file
at least 10% of the total number with the Registry of Deeds, or an
in the possession of the Office of authenticated copy thereof
the Register of Deeds; c. same as sources e) and f) for
c. in no case shall the number of reconstitution of OCT.
certificates of title lost or Sources for Administrative
damaged be less than P500; and Reconstitution of Title
d. Petitioner must have the 1. owners duplicate of the certificate
duplicate copy of the certificate of title
of title. (RA 6732) 2. co-owners, mortgagees, or lessees
duplicate of said certificate
NOTE: The law provides for retroactive
application thereof to cases 15 years Publication, Mailing and Posting in
immediately preceding 1989. petitions for reconstitution of title
Rules:
NOTE: When the duplicate title of the a. Notice thereof shall be published
landowner is lost, the proper petition is twice in successive issues of the
not reconstitution of title, but one filed Official Gazette
with the court for issuance of new title b. Must be posted on the main
in lieu of the lost copy. entrance of the provincial
building and of the municipal
Sources for Judicial Reconstitution of building of the municipality or
Title: city where the land is situated
c. to be sent by registered to every
1. For OCT (in the following order): person named in said notice
a. Owners duplicate of the NOTE: The above requirements are
certificate of title mandatory and jurisdictional
b. Co-owners, mortgagees or (Metropolitan Waterworks and
lessees duplicate of said Sewerage System vs. Sison, 124 SCRA
certificate 394)
c. Certified copy of such
certificate, previously issued by OTHER PETITIONS/TRANSACTIONS
the Register of Deeds AFTER ORIGINAL REGISTRATION
d. Authenticated copy of the 1. Amendment and alteration of
decree of registration or patent, Certificate of Title
as the case may be, which was Grounds:
the basis of the certificate of a. When registered interests of any
title description, whether vested,
e. Deed or mortgage, lease or contingent, or inchoate have
encumbrance containing terminated and ceased
description of property covered b. When new interests have arisen
by the certificate of title and on or been created which do not
file with the Registry of Deeds, appear upon the certificate
or an authenticated copy thereof c. When any error, omission, or
f. Any other document which, in mistake was made in entering a
the judgment of the court, is certificate or any memorandum

Ethics)
thereon or on any duplicate b. Where a voluntary instrument

certificate cannot be registered by reason
d. When the name of any person on of the refusal or failure of the
the certificate has been changed holder to surrender the owners
e. When the registered owner has duplicate certificate of title; and
been married, or, registered as c. Where the owners duplicate
married, the marriage has certificate is not presented for
terminated and no right or amendment or alteration
interest of heirs or creditors will pursuant to a court order
thereby be affected
f. When a corporation, which 3. Replacement of lost duplicate
owned registered land and has certificate of title
been dissolved, has not conveyed due notice under oath shall be sent
the same within 3 years after its by the owner or by someone in his
dissolution behalf to the Register of Deeds of
g. When there is a reasonable the province of city where the land
ground for the amendment or lies as soon as the loss or theft is
alteration of title. discovered. (Section 109, PD 1529)
Petition for replacement should be
NOTE: The court has no jurisdiction or filed with the RTC of the province or
authority to reopen the judgment or city where the land lies.
decree of registration; nor impair the Notice to Solicitor General by
title or other interest of a purchaser petitioner is not imposed by law but
holding a certificate for value and in it is the Register of Deeds who
good faith, or his heirs and assigns, should request for representation by
without his or their written consent. the Solicitor General (Republic vs.
After due hearing, the court may only: CA, 317 SCRA 504)
a. Order the entry or cancellation A proceeding where the certificate
of a new certificate of title was not in fact lost or
b. Order the entry or cancellation destroyed is null and void for lack of
of a memorandum upon a jurisdiction and the newly issued
certificate, or duplicate is also null and void. (New
c. Grant any other relief upon such Durawood Co., Inc. vs. CA, 253 SCRA
terms and conditions as it may 740)
consider proper (Secs. 107 and
108, PD 1529)
2. Surrender of withheld duplicate

certificate of title
Grounds:
a. When it is necessary to issue a
new certificate of title pursuant
to any involuntary instrument
which divests the title of the
registered owner against his
consent
CIVIL LAW COMMITTEE


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244 2005 CENTRALIZED BAR OPERATIONS

LAND TITLES & DEEDS

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

releasing them from the bondage of to the registration of lands and

CIVIL LAW COMMITTEE

DOCTRINES: issuance of Original Certificate

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

answer by a claimant in a cadastral If land is situated between

CIVIL LAW COMMITTEE

NOTES: not exceeding 1,000 hectares in

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

striking out one or more of the authority to the RD to register

CIVIL LAW COMMITTEE

judicial - adverse may subsequently defeat his

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

CIVIL LAW COMMITTEE

5. any other proceeding of any kind in Section 48, as amended by PD

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

CIVIL LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

CIVIL LAW COMMITTEE

1976, a few months prior to filing of applicant which involves a property

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

no claim to it and who never The decree of registration binds the

CIVIL LAW COMMITTEE

CERTIFICATE OF TITLE a. Those noted on the certificate

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

3. Certificate of title not subject to Procedure:

CIVIL LAW COMMITTEE

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

Requisites for REVIEW OF THE where the person

CIVIL LAW COMMITTEE

recovery of such land or the LAND PATENTS

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

of lawful within 5 Actions against improper, illegal

CIVIL LAW COMMITTEE

2) Administrative - may be availed of sufficient and proper basis for

2005 CENTRALIZED BAR OPERATIONS EXECUTIVE COMMITTEE AND SUBJECT CHAIRPERSONS

thereon or on any duplicate b. Where a voluntary instrument

2. Surrender of withheld duplicate

CIVIL LAW COMMITTEE

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