Professional Documents
Culture Documents
S.Y. 2017-2018
ALO, AWING, DELA CERNA
I. BACKGROUND, BASIC CONCEPT AND GENERAL PRINCIPLES 3 systems of registration of land titles and deeds
1. Spanish Mortgage Law (abolished by PD 892)
Land title refers to that upon which ownership is based. It is the
evidence of the right of the owner or the extent of his interest, 2. Torrens system (PD No. 1529 ,June 11, 1978,
and by which means he can maintain control, and as a rule, PROPERTY REGISTRATION DECREE)
assert right to exclusive possession and enjoyment of the 3. system of recording for unregistered lands
property.
Registration, purpose and effect in general.
Deed refers to a written instrument executed in accordance Registration does not vest title. It is not a mode of acquiring
with law, wherein a person grants or conveys to another certain ownership but is merely evidence of such title over a particular
land, tenements or hereditaments. property.
afford some means of publicity
Types of Estates prevent fraudulent claims
constructive notice to 3rd persons
1. freehold estate, which indicates title of ownership; notify and protect the interests of strangers to a given
transaction
fee simple- is meant an absolute title; it is an absolute
estate in perpetuity. Registration, original distinguished from subsequent
fee tail- one designed to pass title from the grantee to original registration- when right of ownership or title
his heirs, the intent of the grantor being to keep the to land is for the first time made of public record under
property in the grantees line of issue any of the existing systems of registration. A
life estate- one held for the duration of the life of the proceeding brought before the land registration court
grantee. to determine title of ownership to the land on the
basis of an application filed for registration or of an
2. less-than-freehold estate, which signifies some sort of a answer filed by a claimant in a cadastral registration
right short of title. case.
estate for years- in the nature of a lease, and therefore subsequent registration- any further transaction
is short of title. The term may be up to ninety-nine affecting such originally registered land. A proceeding
years. where incidental matters after original registration
tenancy from period to period- in the nature of a lease may be brought before the land registration court by
which may run from month to month or from year to way of motion or petition fi led by the registered
year, with the peculiarity of automatic renewal from owner or a party in interest.
time to time, unless expressly terminated by either
party Registration- a proceeding in rem, which shall be binding
tenancy at will- where a person is permitted to occupy upon all persons known or unknown.
the land of another without any stipulation as to
period, but either party reserves the right to terminate Only real property or real rights may be object of
the occupation at will or at any time. registration under the existing land registration laws.
Registration of title distinguished from recording of evidence Modes of acquiring land titles
of title. 1. by public grant
In title registration, the state provides a public record of the No public land can be acquired by private persons
title itself upon which a prospective purchaser or someone else without any grant, express or implied from
interested may rely. On the other hand, recording acts provide government
for the recording of deeds of conveyance and other Tax declarations are not conclusive proof of
instruments, without guaranteeing the title, leaving to the ownership in land registration cases
prospective purchasers or other Forest lands or forest reserves are not capable of
private appropriation and possession
persons interested to examine the instruments in the records 2. by adverse possession
and formulate their own conclusions as to their effect on the voluntary (10 yrs) good faith
title. extraordinary (30 yrs)
TRUST IMPLIED OR EXPRESSED 5. It protects against encumbrances not noted on the Torrens
(a) It is a relationship certificate.
(b) relationship of fiduciary in character
(c) relationship with respect to property, not one involving 6. It makes fraud almost impossible.
merely personal duties 7. It assures.
(d) It involves the existence of equitable duties imposed 8. It keeps up the system without adding to the burden of
upon the holder of the title to the property to deal with it taxation. Because the beneficiaries of the system pay the
for the benefit of another fees.
(e) It arises as a result of a manifestation of intention to 9. It eliminates tax titles.
create the relationship. 10. It gives practically eternal title as the State insures
perpetually.
Implied trust is defined as the right, enforceable solely in 11. It furnishes state title insurance instead of private title
equity, to the beneficial enjoyment of property, the legal title to insurance.
which is vested in another and is further subdivided into 12. It makes possible the transfer of titles or of loans within
resulting and constructive trust. the compass of hours instead of a matter of days and weeks.
3. by accretion BENEFITS:
1. The accumulation of soil or sediment must be gradual 1. It has substituted security for insecurity.
and imperceptible; 2. It has reduced the cost of conveyance from pounds to
2. It is the result of the actions of the waters of the river; shillings, and the time occupied from months to days.
3. 3. The land where the accretion takes place is adjacent 3. It has exchanged brevity and clearness for obscurity and
to the bank of the river. verbiage.
4. It has so simplifi ed ordinary dealings that he who has
Accretion is the process whereby the soil is deposited, while mastered the three Rs can transact his own conveyancing.
alluvium is the soil deposited on the estate fronting the river 5. It affords protection against fraud.
bank. 6. It has restored to their just value many estates, held under
4. by reclamation good-holding titles but depreciated in consequence of some
filling of submerged land by deliberate act and reclaiming blur or technical defect, and has barred the re-occurrence of
title thereto. any similar faults.
5. by private grant or voluntary transfer 7. It has largely diminished the number of chancery suits, by
usual means by which title to land is transferred by the removing those conditions that afford ground for them.
owner himself or his duly authorized representative. Here
the consent or cooperation of the grantor is an essential STABILITY OF TORRENS SYSTEM
element guarantees of the government in the form of title
6. by involuntary alienation insurance backed up by a permanent assurance fund
does not require the consent or cooperation of the owner of
the land, and, in fact, is usually carried out against his will. PURPOSE OF TORRENS TITLE
7. by descent or devise to quiet title to land; to put a stop forever to any
question of the legality of the registration, in the
certificate, or which may arise subsequent thereto.
hereditary succession to the estate of a deceased owner relieves the land of unknown liens or claims, just or
8. by emancipation patent unjust, against it.
tenant-farmers etc
PROCEDURE IN ORDINARY LAND REGISTRATION CASE: (3) Those who have acquired ownership of private lands or
(S-F-S-T-P-S-F-H-P-I-E-S-T) abandoned river beds by right or accession or accretion
under the existing laws.
1. Survey of land by the Bureau of Lands or a duly licensed (4) Those who have acquired ownership of land in any other
private surveyor; manner provided for by law.
2. Filing of application for registration by the applicant; Where the land is owned in common, all the co-owners shall fi
3. Setting of the date for the initial hearing of the le the application jointly.
application by the Court;
4. Transmittal of the application and the date of initial Where the land has been sold under pacto de retro, the vendor
hearing together with all the documents or other a retro may file an application for the original registration of
evidences attached thereto by the Clerk of Court to the the land, provided, however, that should the period for
Land Registration Commission (now National Land Titles redemption expire during the pendency of the registration
and Deeds Registration Administration); proceedings and ownership to the property consolidated in the
5. Publication of a notice of the fi ling of the application and vendee a retro, the latter shall be substituted for the applicant
date and place of hearing once in the Official Gazette and and may continue the proceedings.
once in a newspaper of general circulation in the
Philippines; A trustee on behalf of his principal may apply for original
6. Service of notice upon contiguous owners, occupants and registration of any land held in trust by him, unless prohibited by
those known to have interest in the property by the the instrument creating the trust.
Sheriff;
7. Filing of answer or opposition to the application by any Form and contents of application
person whether named in the notice or not; shall be in writing
8. Hearing of the case by the Court; signed by the applicant or the person duly authorized
9. Promulgation of judgment by the Court; in his behalf
10. Issuance of the decree by the Court declaring the decision and sworn before any officer authorized to administer
final and instructing the National Land Titles and Deeds oath for the province or city where the application was
Registration Administrator to issue a decree of actually signed.
confirmation and registration; If there is more than one applicant, the application
11. Entry of the decree of registration in the National Land shall be signed and sworn to by and in behalf of each.
Titles and Deeds Registration Administration; The application shall contain a description of the land and shall
12. Sending of copy of the decree of registration to the state the citizenship and civil status of the applicant, whether
corresponding Register of Deeds (Registrar of Land Titles single or married, and, if married, the name of the wife or
and Deeds); and husband, and, if the marriage has been legally dissolved, when
13. Transcription of the decree of registration in the and how the marriage relation terminated. It shall also state the
registration book and the issuance of the owners full names and addresses of all occupants of the land and
duplicate original certificate of title of the applicant by the those of the adjoining owners, if known, and, if not known, it
Registrar of Land Titles and Deeds, upon payment of the shall state the extent of the search to find them. It shall further
prescribed fees. state whether the property is conjugal, paraphernal or
exclusively owned by the applicant.
Who may apply? O-P-A-A YES provided he be represented by an agent residing in the
(1) Those who by themselves or through their predecessors Philippines, presenting with the application the appointment or
in-interest, have been in open, continuous, exclusive and power of attorney, showing the full name and postal address
notorious possession and occupation of alienable and of the agent, and agreeing that the service of any legal process
disposable lands of the public domain under a bona fi de upon such agent shall have the same legal effect as if served
claim of ownership since June 12, 1945, or earlier. upon the applicant in the Philippines. If the agent dies or
(2) Those who have acquired ownership of private lands by becomes insane or leaves the country in the course of the
prescription under the provisions of existing laws. proceeding, the applicant is bound to appoint a new agent or
representative, and, in case of failure to do so, the application subject to the same requirements of publication and notice as
may be dismissed. in an original application
Where to file application? An amendment due to change of name of the applicant does
filed with the clerk of the Regional Trial Court of the not require publication
province or city where the land is situated. The Clerk of
Court may not accept any application unless it is shown Plans to be approved by Director of Lands and
thereon that the applicant has furnished the Director of submitted in evidence.
Lands with a copy thereof, including all annexes (and Signature of Directors of Lands on survey plan is
payment too) required otherwise the title is void.
If not assessed for taxation, Market Value IV PUBLICATION, ANSWER, AND DEFAULT
Action to recover title to land, one in personam the Official Gazette and once in a newspaper of general
circulation in the Philippines. The notice is to be addressed to
What to accompany application: all persons appearing to have an interest in the land involved,
(a) tracing-cloth plan duly approved by the Director of including adjoining owners so far as known, and in general to
Lands, together with two blueprint or photographic copies all whom it may concern. The notice requires all persons
thereof; concerned to appear in court on the date and time indicated to
(b) three copies of the corresponding technical descriptions; show cause why the application for registration should not be
(c) three copies of the surveyors certificate; granted. The publication in the Official Gazette shall be
(d) all original muniments of title in the possession of the sufficient to confer jurisdiction upon the court.
applicant which prove his rights, to the title he prays for or The publication in the Official Gazette binds the whole world,
to the land he claims; and inclusive of those who may be adversely affected and those
(e) certificate in quadruplicate of the city or provincial who factually have been innocent of such publication. This is
treasurer of the assessed value of the land, at its last the only way to give meaning to the finality and indefeasibility
assessment for taxation, or, in the absence thereof, that of of the Torrens title to be issued, as against the argument that
the next preceding year. such rule could result to actual injustice
However, in case the land has not been assessed, the
application may be accompanied with an affidavit in Laches- the negligence or omission to assert a right within a
quadruplicate of the fair market value of the land, signed by reasonable time, warranting a presumption that the party
three disinterested persons. entitled to assert it either has abandoned it or declined to
Amendments of application. assert it
Section 19 of the Decree specifically states: Land Registration Proceeding in Rem- validated essentially
through publication
Amendments to the applicant including joinder, substitution,
or discontinuance as to the parties may be allowed by the court Purpose and effects of publication.
at any stage of the proceedings upon just and equitable terms. to confer jurisdiction over the land applied for upon the
court, and
Amendments which shall consist in a substantial change in the to charge the whole world with knowledge of the
boundaries or an increase in area of the land applied for or application of the land involved, and invite them to take
which involve the inclusion of an additional land shall be
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
REGISTRATION OF LAND TITLES and DEEDS
S.Y. 2017-2018
ALO, AWING, DELA CERNA
part in the case and assert and prove their rights over the Basic ground for opposition:
property subject thereof. an application for registration may be objected to, if
the opposition is based on the right of dominion or
Form of notice some other real right opposed to the adjudication or
posted fourteen days in advance of the date set for the recognition of the ownership of the petitioner,
hearing whether it be limited or absolute
Mailing and proof of publication and notice It is only the legal personal right of the respondent,
within seven days after the publication of the notice in prejudiced by the judgment of the lower court, that
the Official Gazette, the Administrator of Land can be considered as a valid ground.
Registration Authority shall cause a copy of the notice
to be mailed to every person named therein whose Effect of failure to answer.
address is known If no person appears and answers within the time allowed, the
court may at once upon motion of the applicant, no reason to
Notice essential to due process the contrary appearing, order a general default to be recorded
invite all persons concerned who may have any rights and the application to be taken for confessed.
or interests in the property applied for to come to the
court and show cause why the application should not General default not a guarantee to success of application
be granted. He must show, even though there is no opposition, to the
satisfaction of the court, that he owns the legal estate in fee
Personal notice necessary but not indispensable simple.
To all whom it may concern, all the world are made Order of default may be set aside
parties defendant. Issuance of order of general default presumed.
To require personal notice as a prerequisite to the General default distinguished from special default.
validity of registration would absolutely prohibit the a general default may be ordered by the court if no
foreclosure of unknown claims, for the reason that person appears and answers within the time
prescribed.
personal notice could never be given to unknown Where a party appears at the initial hearing without
claimants. having filed an answer or opposition and asks the court
for time within which to file the same, and this has
Who may oppose or answer? accordingly been granted, in case of failure of such
Any person claiming an interest, whether named in the party to fi le his answer or opposition within the period
notice or not, may appear and file an opposition or allowed, he may be declared specially in default.
answer on or before the return day, or within such
further time as may be allowed by the court Order of default, when appealable.
Requisites of an opposition: when the party in default files a motion to set aside
(1) It shall set forth all the objections to the application and the order of default on the ground or grounds stated in
(2) It shall state the interest claimed by the party fi ling the Rule 38 of the Rules of Court, in which event he is
same. entitled to notice of all proceedings.
Is affirmative relief obtainable in answer? Withdrawal of application in a land registration case does not
Under the Public Land Act, permitting any number of persons terminate proceedings if there is an adverse claim
(Section 50) to seek judicial confi rmation of imperfect or
incomplete title to land by presenting their respective
applications, praying that the validity of the alleged title or
claim be inquired into and determined accordingly. So also in
cadastral proceedings, where an answer or claim may be fi led
with the same effect as an application for registration
By express provision of Rule 143 of the Rules of Court, the rules The court cannot permit a faulty title to be registered
contained therein are not applicable to land registration and simply because it happens to be better than a still
cadastral cases, except by analogy or in a suppletory character more faulty one presented by the respondent
and when practicable and convenient
Proceedings for ordinary registration under Land Registration
The Rules of Court may be applied in cadastral cases when two Act and for judicial confirmation of imperfect title under
conditions are present: Public Land Act, distinguished.
(1) analogy or need to supplement the cadastral law; and
(2) (2) practicability and convenience. LRA:
there exists already a title which is to be confirmed by
Assignment to referee the court
the court may either hear the parties and their evidence the court may dismiss the application with or without
or refer the case or any part thereof to a referee, also prejudice to the right to fi le a new application for the
known as commissioner, the latter clothed with power to same land
hear the parties and their evidence and make report ordinary risk that an applicant runs is to have his
thereon to the court. application denied without losing his land
PLA:
Motion to dismiss presumption always is that the land applied for
may be availed of by the parties in land registration belongs to the State,
proceedings under Rule 132 thereof while the court has jurisdiction or power to adjudicate
the land in favor of any of the conflicting claimants, it
Dismissal without prejudice. cannot however dismiss the application without
dismissing the application if the court finds that the prejudice or permit a new application to be fi led for
applicant does not have title proper for registration the same land
it simply means that it is not a conclusive judgment and if the applicant fails, even if there was no oppositor ,
the principle of res judicata does not apply he runs the risk of losing the land applied for as it will
be declared land of the public domain and the decision
Requisite for reinstatement of case previously dismissed to that effect becomes res judicata.
without prejudice.
cannot be reinstated without new notices and new Evidence necessary to prove title.- presentation of
citations to all of the persons interested documentary evidence which may be in the form of a
Land registration courts can now hear and decide even Tax deed- not conclusive evidence of ownership, yet when
controversial and contentious cases. they are coupled with open, adverse, and continuous
That court now has the authority to act not only on possession in the concept of owner, such documents
applications for original registration, but also on all constitute evidence of great weight in support of the claim
petitions fi led after the original registration of title
of ownership. They constitute at least proof that the holder Determination of registrable title
had a claim of title over the property
RTC deemed to have all the necessary power to
Nature of the requirement to submit original tracing cloth exercise such jurisdiction and make it effective
MANDATORY REQUIREMENT
The reason for this rule is to establish the true identity of Requisites of registrable title.
the land to ensure that it does not overlap a parcel of land 1. the land is alienable public land; and
or a portion thereof already covered by a previous land 2. his open, continuous, exclusive and notorious
registration, and to forestall the possibility that it will be possession and occupation of the same are either since
overlapped by a subsequent registration of any adjoining time immemorial or for the period prescribed in the
land. Public Land Act.
Title to public lands established through continuous Land already covered by patent cannot be registered.
occupation
An open, continuous, adverse, and public possession Genuineness of title and identity of land
of land of the public domain from time immemorial by An applicant for registration of land, if he relies on a
private individual personally and through his document evidencing his title thereto, must prove not
predecessors confers an effective title on said only the genuineness of his title thereto, but also the
possessor, whereby the land ceases to be public, to identity of the land therein mentioned.
become private property.
Article 531 possession may be acquired by any of the following VI JUDGMENT AND DECREE
ways:
1. by the material occupation of the thing; Decree and judgment compared.
2. by the exercise of a right; Decree- the court decision or judgment of dismissal
3. by the fact that it is subject to the action of our will; while a judgment may always be considered a decree,
4. by the proper acts and legal formalities established for not all decrees are judgments
acquiring such right.
When judgment becomes final
Title established through composition with State upon the expiration of thirty days from the date on
which the party who may appeal has been served with
Spanish title (titulo de composicion) can no longer be used a notice of the judgment
from and after August 16, 1976, as evidence of ownership
in land registration proceedings under the Torrens system Form of judgment
judgment or decision constitutes the opinion of the
Collection of rents as evidence of ownership. court after taking into consideration the evidence
submitted by the parties in the controversy.
may be considered an attribute of an owner, it is not safe Judgment may be rendered confirming the title of the
to assume that all who collect rents are owners. applicant
Issuance of decree
Prescription as basis of ownership. As provided by law, if the court finds after hearing that
the applicant or adverse claimant has title as stated in
possession must be that of owner, and it must be his application or adverse claim and proper for
public, peaceful, and uninterrupted registration, a decree of confirmation and registration
shall be entered.
Public instruments as evidence of ownership.
Statutory liens affecting title
Ex. Deed of Sale 1. First, Liens, claims or rights arising or existing under
the laws and Constitution of the Philippines which are
Doctrine of part performance, an exception. not by law required to appear of record in the Registry
of Deeds in order to be valid against subsequent
Partition among heirs not covered by statute of frauds. purchasers or encumbrancers of record.
2. Second. Unpaid real estates taxes levied and assessed estate is subject, and may contain any other matter
within two years immediately preceding the properly to be determined in pursuance of Presidential
acquisition of any right over the land by an innocent Decree No. 1529. The decree shall be stated in a
purchaser for value, without prejudice to the right of convenient form for transcription upon the certificate
3. of title
4. the government to collect taxes payable before that (SAMPLE LANG CHERET)
period from the delinquent taxpayer alone.
5. Third. Any public highway or private way established
or recognized by law, or any government irrigation Decree No. 145230
canal or lateral thereof, if the certificate of title does REPUBLIC OF THE PHILIPPINES
not state that the boundaries of such highway or Court of First Instance
irrigation canal or lateral thereof have been Quezon Province
determined. Case No. 1232, L. F. C. Record No. 22862, having been duly and
6. Fourth. Any disposition of the property or limitation regularly heard in accordance with the provisions of law, it is
on the use thereof by virtue of, or pursuant to, hereby decreed that Alejandra de los Reyes, a widow, Filipino,
Presidential Decree No. 27 or any other law or and resident of Sariaya, Quezon Province is the owner in fee
regulations on agrarian reform such as Republic Act simple of certain land situated in said Province more
No. 6657 known as the Comprehensive Agrarian particularly bounded and described as follows:
Reform Program. (Technical description of the land)
Therefore, it is ordered by the Court that said land be registered
Encumbrance created by administrative directive, null and in accordance with the provisions of the Property Registration
void. Decree in the name of said Alejandra de los Reyes, subject,
however, to such of the encumbrances mentioned in section 44
Undisclosed encumbrances strictly construed. of said law as may be subsisting, and to: . . . . . ..
Adverse possession not an encumbrance. WITNESS the Honorable . . . . . . . . Judge of said Court, the 30th
it was held that an adverse possession of property by day of June, A.D., Nineteen hundred and seventy-eight.
another is not an encumbrance in law, and does not
contradict the condition that the property is free from Issued at Quezon City, Philippines, the 1st day of August, A.D.,
encumbrance; nor is it a lien, which connotes security 1978, at 8:30 a.m.
for a claim.
Attest: ________________________________ Commissioner of
Form of decree Land Registration
Every decree of registration shall bear the day of the
year, hour, and minute of its entry, and shall be
signed by the Administrator of the Land Registration A decree of registration confirms the ownership of
Authority in his ex offi cio capacity as Clerk of Court in the applicant over the land subject of the application
land registration matters. The decree shall state
whether the owner is married or unmarried, and if Decree of land includes buildings and improvements thereon
married, the name of the husband or wife, provided
that if the land adjudicated is conjugal property, it shall Ownership of building alone cannot be registered separately
be issued in the names of both spouses. If the owner is
under disability, it shall state the nature of the Decree proper in land registration
disability, and if a minor, his age. It shall contain a two classes
description of the land as finally determined by the 1. decrees dismissing the application and
court, and shall set forth the estate of the owner, and referred to in Section 37
also, in such manner as to show their relative priority, 2. decrees of confi rmation and registration
all particular estates, mortgages, easements, liens, dealt with in the next succeeding four sections
of the Act
attachments and other encumbrances, including rights ** TORRENS TITLE MUST BE ISSUED AFTER JUDGMENT HAS
of tenant-farmer, if any, to which the land or owners BECOME FINAL, OTHERWISE VOID***
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
REGISTRATION OF LAND TITLES and DEEDS
S.Y. 2017-2018
ALO, AWING, DELA CERNA
When decree of registration becomes final. Against whom may writ of possession lie
Upon the expiration of the said term of one year (from it cannot be used either against the party in whose
the date of issuance and entry), every decree or favor the land was decreed to be registered or against
certificate of title issued accordingly shall be his representatives or his successors in interest.
incontrovertible.
Collateral attack not bar to writ of possession
Conclusiveness of decree of registration. it cannot be collaterally attacked by persons claiming
title to or interest in the land prior to the registration
A land registration proceeding is in rem, and, proceeding.
therefore, the decree of registration is binding upon
and conclusive against all persons because all When writ of possession may not issue
interested parties are considered as notified by the Where the parties against whom a writ of possession is
publication required by law. sought have been in possession of the land for at least
ten years, and they entered into possession apparently
A decree that has become final shall be deemed after the issuance of the final decree, and none of
conclusive not only on the questions actually contested them had been an oppositor in the registration
and determined but also upon all matters that might proceeding, the writ of possession will not issue.
be litigated or decided in the land registration
proceedings. Ordinary means to recover possession.
Reason for finality of decree 1. action for forcible entry or unlawful detainer
When once a decree of registration is made under the 2. accion publiciana
Torrens system, and the time has passed within which 3. accion reivindicatoria,
that decree may be questioned, the title is perfect and
cannot later on be questioned Judgment when considered res judicata
A final judgment in an ordinary civil case determining
Amendment of decree to include new owner the ownership of land is res judicata in a registration
Allowed only when the amendment is for the purpose proceeding where the parties and the property are the
of including new owners in the certificate same as in the former case.
Change of decree from owner to purchaser Judgment when not considered res judicata.
A judgment dismissing an application for the
Decree to non-claimants; effect of subsequent dealings. registration of land does not operate as a conclusive
The Court has no jurisdiction to decree a lot to persons adjudication (res judicata) between the applicant and
who have put no claim to it and have never asserted the opponent who has successfully resisted the
any right of ownership thereon application.
Writ of possession; persons entitled thereto Remedies available to aggrieved party in registration
implies the delivery of possession of the land to the proceedings.
successful litigant therein (1) new trial
after registration has once been awarded, the granting Grounds:
of a writ of possession becomes a matter of (a) Fraud, accident, mistake or excusable negligence which
expediency ordinary prudence could not have guarded against and by
available in the ff cases: reason of which such aggrieved party has probably been
1. in land registration proceeding, which is a impaired in his rights; or
proceeding in rem (b) Newly discovered evidence, which he could not, with
2. in extrajudicial foreclosure of mortgage reasonable diligence, have discovered and produced at
3. in judicial foreclosure of mortgage, which is a the trial, and which is presented would probably alter the
proceeding quasi in rem, provided that the result.
mortgagor is in possession of the mortgaged (c) Evidence was insufficient to justify the decision, or the
property and no third person had intervened; decision is against the law.
and
4. in execution sales
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
REGISTRATION OF LAND TITLES and DEEDS
S.Y. 2017-2018
ALO, AWING, DELA CERNA
(3) review of decree of registrationONLY GROUND FOR A Torrens title is the certificate of ownership issued
REVIEW: ACTUAL FRAUD under the Torrens system of registration by the
government, thru the Register of Deeds naming and
Conditions: declaring the owner in fee simple of the real property
(1) That the plaintiff is the owner of the land ordered described therein, free from all liens and encumbrances
registered in the name of the defendant, or that the except such as may be expressly noted thereon or
plaintiffs lien or interest in said property does not appear otherwise reserved by law.
in the decree or title issued in the defendants name;
(2) that the registration was procured through actual A certificate of title is the transcript of the decree of
fraud, or that the omission of the lien or interest was registration made by the Register of Deeds. Once
fraudulent; issued, the certificate is the evidence of the title which
(3) that the property has not been transferred to an the owner has. The official certificate will always show
innocent purchaser for value; and the status of the title and the person in whom it is
(4) that the action is fi led within one year from the vested.
issuance and entry of the decree of registration. The fraud Where the certificate of title is in the name of the
contemplated here must be extrinsic. And it is extrinsic vendor when the land is sold, the vendee for value has
when it is employed to deprive a party of his day in court, the right to rely on what appears on the certificate of
thereby preventing him from asserting his right to the title.
property registered in the name of the applicant.
(4) relief from judgment; Indefeasibility of a free patent title
fraud, accident, mistake, or excusable negligence - an original certificate of title issued on the strength of
Form and contents of petition; period of filing a homestead patent partakes of the nature of a
The petition must be verified, fi led within sixty days certificate of title issued in a judicial proceeding, as
after the petitioner learns of the judgment long as the land disposed of is re- ally part of the
disposable land of the public domain and becomes
(5) reconveyance; indefeasible and incontrovertible upon the expiration
is a remedy of a landowner whose property has been of one year from the date of promulgation of the order
wrongfully or erroneously registered in the name of of the Director of Lands for the issuance of patent.
another, but which remedy can not be availed if the
property has passed to an innocent purchaser for value. Process in the entry of initial certificate of title
Prescriptive Period : 10 yrs from date of issuance of -15 days from entry of judgment, issue an order directing the
title administrator of land to issue corresponding decree of
(6) recovery of damages. registration and certificate of title.
Remedy of an owner who has fraudulently deprived of
his land which was subsequently sold to an innocent Certificate as evidence of title
purchaser for value, is to fi le an action for damages -unless bad faith can be established on the part of
against the person who perpetrated the fraud within the person appearing as owner on the certificate of
four (4) years from the date of discovery of the title, there is no other owner than that in whose
deception favor it has been issued.
Requisites for claiming damages: -A Torrens certificate is the best evidence of ownership
1. that the person is in reality wrongfully deprived of his land of registered land
by the registration in the name of another of the land by actual - A mortgagee has the right to rely on what appears in
or constructive fraud; the certificate of title, and in the absence of anything to
2.that there was no negligence on his part; excite suspicion is under no obligation to look beyond
3. that he is barred or in any way precluded from bringing an the certificate and investigate the title of the mortgagor
action for the recovery of the land or interest therein; and, appearing on the face of the certificate.
4. that the action for compensation has not prescribed.
Who has right to possess owners duplicate certificate.
-Section 41 of Act No. 496, as amended by P.D. No. 1529,
provides that the owners duplicate certificate shall be
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
REGISTRATION OF LAND TITLES and DEEDS
S.Y. 2017-2018
ALO, AWING, DELA CERNA
issued by the Register of Deeds in the name of the did not investigate properly, is held to be a builder in
person in whose favor the land was de- creed, and bad faith. He is deemed to have a presumptive
further disposes that said duplicate shall be delivered knowledge of the pertinent Torrens title covering the
to the registered owner. particular land, the area involved, and the extent of its
Original and transfer certificates of title boundaries.
ORIGINAL- issued for the first time
TRANSFER- subsequent titles Co- owners are entitled to separate certificates
Sale by co-owners allowed
Land registered in the name of two different persons - The sale or other disposition can affect only his
The general rule is that in the case of two certificates of undivided share, and the transferee gets only what
title, purporting to include the same land, the earlier in corresponds to his grantor in the property owned in
date prevails, whether the land comprised in the latter common.
certificate be wholly, or in part, comprised in the earlier Torrens title binds the land to system forever
certificate. Torrens title not subject to prescription
- A title once registered cannot be defeated, even
Protection of innocent third person by adverse, open, and notorious possession
Every person dealing with registered land may safely Right to recover possession equally imprescriptible
rely on the correctness of the certificate of title issued Certificate in name of wife; property covered not
therefor and the law will in no way oblige him to go necessarily paraphernal
behind the certificate to determine the condition of the Sale of wife of her portion in conjugal property void
property.
- The remedy of the defrauded party is to bring an What title covers
action for damages against those who caused the fraud
-covers the land described therein, together
or were instrumental in depriving him of the property.
with all the buildings and improvements
Good faith, how determined existing thereon, unless an express reservation
-implies freedom from knowledge and circumstances shall have been annotated on the certificate. It
which ought to put a person on inquiry does not include such pub- lic thoroughfares
- It has been held that a purchaser in good faith is one as were already in existence at the time title
who buys the property of another without notice that was acquired.
some other person has a right to or interest on such
property and pays a full and fair price for the same at
VIII VOLUNTARY DEALINGS
the time of such purchase or before he has notice of
the claim or interest of some other person in the -It is the act of registration that operates to convey registered
property. It is enough that he examines the latest land or affect title thereto.(Section 51, PD No.1529)
certificate of title which was issued in the name of the
immediate transferor. Section 52, PD No. 1529
Registration without effect unless made in good faith
- Thus, when one purchases property with full -By registration, it creates constructive notice to the
knowledge that his vendor has previously sold the whole world.
property to another person, he acquires only the right, It has been held that where there was nothing in the
if any, which the vendor then had. certificate of tile to indicate any cloud or vice in the
- The Torrens system of land registration, though ownership- of the property or any encumbrance, the
indefeasible, should not be used as a means to purchase is not required to explore farther than what
perpetuate fraud against the rightful owner of real the Torrens title upon its face indicates in quest of any
property. hidden defect or inchoate right that may subsequently
-Mere registration of sale is not good enough, good defeat his right thereto.
faith must concur with registration. Otherwise
registration becomes an exercise in futility. Doctrine in Lanci vs. Yanco
Holder in bad faith, not protected
equity was preferred to clear provision of law.
- one who builds a house on anothers registered land
believing this to be his own registered lot, because he
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
REGISTRATION OF LAND TITLES and DEEDS
S.Y. 2017-2018
ALO, AWING, DELA CERNA
Register of Deeds not authorized to determine whether or not Sale of lands to aliens
fraud was committed in the deed sought to be registered
The Supreme Court in the celebrated held that aliens are not
The duties enjoined upon the Register of Deeds by Section 57 of allowed to acquire ownership of urban or residential lands in
the Land Registration Act are clearly ministerial and mandatory the Philippines, and as a consequence, all acquisitions made in
in character, not only as indicated by the auxiliary shall but by contravention of the prohibition since the fundamental law
the nature of such functions required to be performed by him. became effective are null and void per se and ab initio. The
ruling is based mainly on the ground that private urban or
Invalidity of contract not valid objection to registration residential lands fall under the category of agricultural land and
to them the following constitutional provision squarely applies:
No valid objection can be interposed to the registration of a Save in cases of hereditary succession, no private lands shall be
document by the Register of Deeds who finds nothing defective transferred or conveyed except to individuals, corporations, or
or irregular on its face upon an examination thereof. If the associations qualified to acquire or hold lands of the public
purpose of registration is merely to give notice, then questions domain.
regarding the effect or invalidity of instruments are expected to
be decided after, not before, registration. Alien acquisition subject to public policyAs the Constitution is
silent as to the effects or consequences of a sale by a Filipino
Formal details required of voluntary instruments citizen to an alien, and as both the citizen and the alien have
violated the law, none of them should have a recourse against
In passing upon the registrability of documents sought to be
the other, and it should only be the State that should be
registered, the Register of Deeds is charged with the power to
allowed to intervene and determine what is to be done with the
determine under his responsibility whether the formal
property subject of the violation.
requisites of the law have been complied with.
Simultaneous registration of sales coursed thru alien buyer
The requirements for deeds and other voluntary instruments of
allowed
conveyance to be registrable thereunder are specified in the
law, thus: The evil sought to be avoided by the constitutional inhibition, as
recently construed by the Supreme Court, is to prevent any
(1) The presentation of the owners duplicate certificate
portion of our lands, including residential lots, from falling into
whenever any duly executed voluntary instrument is fi led for
the hands of aliens. Such an eventuality is not present here,
registration;
because the registration, it has already been said, is sought not
(2) the payment of the prescribed registration fees and the to vest title in an alien but simply to enable an entity qualified
requisite documentary stamps; to hold the land to perfect its title.
(3) the evidence of full payment of real estate tax as may be Acquisition of land with money furnished by alien, when valid
due; and
In an actual case decided by the Court of Appeals, it was held
(4) the inclusion of one extra copy of any document of transfer that acquisition by a citizen of the Philippines of private
or alienation of real property, to be furnished the city or agricultural lands with money given or donated to him by an
provincial assessor. Upon satisfaction of such minimum alien, provided the transaction was done in good faith, is valid.
requirements set by the existing statutes, it becomes the duty
Registration of alien corporation not a prerequisite to owning
of the Register of Deeds to give course to registration. No
real property.
entity, except the legislature itself, may add to or detract from
or otherwise alter or amend the requirements it has so Where an alien corporation may validly acquire lands in the
enumerated and then only by the corresponding amendment Philippines, it is not necessary as a prerequisite that it be
of the existing statutes or the enactment of new ones. registered and authorized to transact business here. no private
corporation or association may hold alienable lands of the
public domain except by lease not to exceed one thousand
hectares in area. There is a similar provision in the 1987
Philippine Constitution, Article XII, Section 3, which provides
that private corporations or associations may not hold such
alienable lands of the public domain except by lease, for a otherwise is an invalid document. However, where the
period not exceeding twenty-five years, renewable for not more certificate of title was already transferred from the name of the
than twenty-five years, and not to exceed one thousand true owner to the forger, and while it remained that way the
hectares in area. It is clear that if the land is still part of the land was subsequently sold to an innocent purchaser, the
alienable and disposable lands of the public domain at the time vendee had the right to rely upon what appeared in the
a corporation or association files an application for confi certificate and, in the absence of anything to excite suspicion,
rmation of imperfect or incomplete title thereto or at the time was under no obligation to look beyond the certificate and
such applicant acquired the land from a Filipino citizen, then the investigate the title of the vendor appearing on the face of said
aforequoted constitutional bar applies. certificate. This is a concrete instance to illustrate how a forged
deed may be the root of a valid title in a bona fi de purchaser.
Alien religious corporation disqualified
The mirror doctrine
The provisions of Act No. 271 of the Philippine Commission
which allow all religious associations, of whatever sect or A purchaser cannot close his eyes to facts which should
denomination, whether incorporated in the Philippines or in put a reasonable man upon his guard, and then claim
other country, to hold land in the Philippines for religious that he acted in good faith under the belief that there
purposes, are deemed repealed by the absolute terms of Article was no defect in the title of the vendor.
XIII, Section 5, of the (1935) Constitution, which limit the Torrens title Between one who claims ownership of
acquisition of land in the Philippines to its citizens, or to the disputed property on the basis of a survey and
corporations or associations at least sixty per centum of the subdivision plan and another whose claim of
capital of which is owned by such citizens, adopted after the ownership flows from an original certificate of title in
enactment of said Act No. 271. the name of their parents the latters claim will
prevail. Requisites of an action for reconveyance: (1)
Owners duplicate certificate as conclusive authority to clear and convincing evidence of title to the property;
register accompanying deed and (2) fact of fraud committed by the party who
registered the property in his/her name. Said action
Registration procured by means of a forged duplicate certificate
or of a forged deed or other instrument is null and void. The law presupposes the existence of a defrauded party who is
requires that in case of the loss or theft of an owners duplicate the lawful owner of the disputed property an
certificate, notice thereof need be sent to the Register of Deeds element not established in this case.
as soon as the loss or theft is discovered. A title once registered under the Torrens System
cannot be defeated even by adverse, open and
Issuance of transfer certificate of title to purchaser essential
notorious possession; neither can it be defeated by
The entry of a memorandum of a conveyance in fee simple prescription. It is notice to the whole world and as such
upon the original certificate of title without the issuance of a all persons are bound by it and no one can plead
transfer certificate of title to the purchaser is not a sufficient ignorance of the registration. Registration of the sale
registration of such conveyance. The only exception to this rule with the Register of Deeds constitutes notice to the
is in the case of a sale of an unsegregated portion of a parcel of whole world.
land covered by a certificate of title. When a deed in fee is for a
Purchaser in good faith
part only of the land described in a certificate of title, the
Register of Deeds cannot enter a new certificate of title to the It is a well settled rule that a purchaser or mortgagee cannot
purchaser until a subdivision plan of such land showing all the close his eyes to facts which should put a reasonable man on his
portions or lots into which it has been subdivided, and the guard, and then claim that he acted in good faith under the
technical descriptions of each portion or lot have been verified belief that there was no defect in the title of the vendor or
and approved by the Director of Land. mortgagor. His mere refusal to face up to the fact that such
defect exists, or his willful closing of his eyes to the possibility of
Forged deed as root of valid title
the existence of a defect in the vendors or mortgagors title,
A forged deed is a nullity and conveys no title. A deed of sale will not make him an innocent purchaser for value, if it
executed by an impostor without the authority of the owner of afterwards develops that the title was in fact defective.
the land sold is a nullity, and registration will not validate what
it was held that the general rule that a person dealing with of Deeds has performed his legal duty such a certificate should
registered land has a right to rely on the Torrens certificate of show all encumbrances on the land described therein.
title and to dispense with the need of making further inquiries
admits of exceptions: when the party has actual knowledge of Date of registration prevails over date of discovery
facts and circumstances that would impel a reasonably cautious
man to make such inquiry or when the purchaser has For the purposes of reckoning the period of prescription in
knowledge of a defect or the lack of title in his vendor or of relation to an action to annul a supposedly fraudulent
sufficient facts to induce a reasonably prudent man to inquire transaction involving registered land, an earlier date of
into the status of the title of the property in litigation. registration thereof will be taken into account as against a
subsequent date of its actual discovery.
Buyer in good faith; annotation of right
The mirror principle
It is a well-established rule that every person dealing with a. A purchaser is not required to explore beyond what the
registered land may safely rely on the correctness of the record in the registry indicates on its face, in quest for any
certificate of title issued and the law will in no way oblige him hidden defect or inchoate right which may subsequently defeat
to go behind the certificate to determine the condition of the his right thereto. b. The prevailing doctrine is that a mortgagee
property. has a right to rely in good faith on the certificate of title of the
mortgagor to the property given as security and in the absence
An innocent purchaser for value is one who buys the property of any sign that might arose suspicion, has no obligation to
of another without notice that some other person has a right to undertake further investigation.
or interest in such property and pays a full and fair price for the
same at the time of such purchase or before he has notice of Protection of buyers in good faith
the claim of another person.
In Islamic Directorate vs. CA, 292 SCRA 454, the Supreme Court
The annotation of usufructuary rights does not impose upon reiterated the rule that under the Torrens system of
the mortgagee-buyer the obligation to investigate the validity registration, the minimum requirement for one to be a buyer in
of its mortgagors title. Usufruct gives a right to enjoy the good faith is that the vendee at least sees the owners duplicate
property of another with the obligation of preserving its form copy of the title and relies on the same.
and substance.
Effect of registration of simulated sale
Defective or void title may be the root of a valid title if it
passes to the hands of an innocent purchaser for value. In Santiago vs. CA, 278 SCRA 98, the Supreme Court held that
where one does not have any rightful claim over real property,
A void title is a useless piece of paper. It produces no right. The the Torrens system of land registration can confirm or record
Supreme Court, however, said that even assuming arguendo nothing. The Torrens system does not create title. It only
that the procurement of the title was tainted with fraud and confirms and records titles already existing and vested. It does
misrepresentation, a defective title may be the source of a not protect a usurper from the true owner. It cannot be a shield
completely legal and valid title in the hands of an innocent for commission of fraud.
purchaser for value. cost of documentary stamps are deemed
included in such expenses. IX CONVEYANCE IN FEE
Upon the original and duplicate certificates the Registrar portion or lot has been verified and approved by the
notes down the date of transfer, the volume and page of Director of Lands.
the registration book where the new certificate is entered However, upon written request of the party concerned, the
or registered, and a reference number to the next Registrar may make a memorandum of such deed of
preceding certificates. conveyance on the grantors certificate of title and on its
The grantors duplicate certificate, which was surrendered, owners duplicate, this memorandum to serve only as a
is stamped with the word cancelled, and the deed of notice to third parties of the fact that such portion of lot
conveyance of conveyance filed with the proper has been sold to the person(s) named in said deed.
indorsement showing the number and place of registration Upon approval of the plan and technical descriptions, a
of the certificate of title of the land conveyed. certificate and issue an owners duplicate to the grantor for
the part of the land not included in the deed.
Description of land
Discrepancy between plan and plan of origin reported to
The land object of the conveyance must be properly court.
described, with lot number, block number, location,
boundaries, and area. In case there is any discrepancy between the subdivision
Where two persons engaged (seller and purchaser) a given plan and the original plan (discrepancy may be prejudicial
piece of property with visible boundaries which are agreed to an adjoining owner or other person having interest in
upon by the contracting parties as the land to be bought the adjoining land) the matter should be reported to the
and sold and the vendor by a mistake in the description in court (RTC) of the city or province where the land lies.
the conveyance included therein land previously sold to a The court after due notice and hearing, determines the
third person not included within the visible boundaries case and all questions arising in the connection with such
referred to, an action will lie in favor of the vendor to division plan.
correct the instrument so as to describe correctly the land
actually sold. (The purchaser, although the title to the land Subsisting encumbrances to be carried over to new title
described in his conveyance had been duly registered
If at the time of any transfer there appear upon the
under the Torrens system, did not obtain an indefeasible
registration book encumbrances or claims adverse to the
title to the land mistakenly included in said certificate of
title of the registered owner, they shall be stated in the in
title.)
the new certificate(s), except such as may have been
Boundaries prevail over area (rule and exceptions) simultaneously released or discharged (Sec. 59, P.D. 1529)
The restrictive covenant binds the subsequent purchaser, a
What really defines a piece of ground is not the area but privy. For, it is axiomatic that contracts are enforceable
the boundaries therein laid down against the parties and their privies.
But this does not apply where the boundaries
relied upon do not identify the land beyond doubt. Vested right in contract to sell
Neither does the rule apply where the boundaries
A vested right is one which is absolute, complete and
given in the registration plan do not coincide with
unconditional, to the exercise of which no obstacle exists,
the outer boundaries of the land covered and
and which is immaterial and perfect in itself and not
described in the muniments of title.
dependent upon a contingency.
It is only when the boundaries given are sufficiently certain
and the identity of the land clearly proved by the
To be vested in its accurate legal sense, a right must be
boundaries thus indicated, that an erroneous statement
complete and consummated, and one of which the person
concerning the area can be disregarded or ignored.
to whom it belongs cannot be divested without his consent.
Otherwise the area stated should not be followed.
Sale in behalf of minor
Conveyance of part of land covered by title (P.284)
Without the courts authority/approval, the sale is
The Register of Deeds does not enter any transfer
ineffective as to a minor child, even if the one who
certificate to the grantee until a plan o such land showing
executed the sale is the minors judicial guardian.
all the portions or lots into which it has been subdivided,
A sale of the wards realty by the guardian without
and the corresponding technical description of each
authority from the court is void.
Sale with duress Installment sale with forfeiture clause (P. 293)
In order that duress may be suffi cient to void a sale In a sale by installment, ownership or title does not pass
contract, Article 1267 (now 1335) of the Civil Code requires until after the payment of the last installment. Thus, a
that the intimidation be reasonable and well grounded. contract cannot affect the transfer of ownership and title of
This presupposes that the threatened injury to the person the property unless a deed of absolute sale is executed
or property must be probable and serious, and that the and the instrument registered accordingly.
person from whom the intimidation comes has the
necessary means to inflict the threatened injury. Promise to buy and sell, effect
In other words, there must be specific acts or instances of
such nature and magnitude as to have, of themselves, A promise to buy and sell real estate does not pass title,
inflicted fear or terror upon the subject thereof, in order but gives the parties the right to demand the fulfillment of
that his execution of the questioned deed or act cannot be the contract, or damages for breach if the fulfillment is
considered voluntary. impossible
Any agreement to sell is liable to be defeated by
Inadequacy or non-payment of price alone cannot invalidate disagreement between the parties as to its terms, or by
sale their failure or inability to carry it out.
However, an accepted unilateral promise to sell, not
Inadequacy of price may be a ground for setting aside an supported by any consideration distinct from the price,
execution sale, but is not sufficient ground for the does not produce a binding and enforceable contract of
cancellation of a voluntary contract of sale otherwise free sale. The offer in this case as well as the acceptance both
from invalidating defects. lack a most essential element the manner of payment of
Neither nonpayment of price alone may invalidate or make the purchase price. Hence, the offer to sell may be
rescissible a sale unconditionally consummated, nor does it withdrawn without the offer or committing any breach of
constitute a lien or encumbrance on the property sold. contract
For that reason, mere failure on the part of the buyer to
pay the price within the period stipulated is not a ground Conveyance of land includes improvements thereon.
for the resolution of the sale, in the absence of a condition
that such default should operate to resolve the contract. When land is object of a sale or conveyance, all buildings
However, it is now provided in the new Civil Code (Article and improvements existing thereon are deemed to be
2242) that unpaid price of real property sold constitutes an included, unless otherwise reserved.
encumbrance thereon. However, where only a lot is sold on installment, and the
purchaser after having constructed a house thereon has
Contract of promise to sell, rescissible without the court defaulted in the payment of installments, may he ask as a
intervention matter of right for an extension of time to pay the
installments overdue on the ground that he has made
In a contract of promise to sell, suppose it was stipulated substantial improvements thereon? Here it was held that
that in case of default on the part of the vendee promisee, to grant his demand would imply a deviation from the rule
the vendor-promisor, without fi ling any action in court, has that buildings are mere accessories to the land which is the
the right to rescind the contract, take immediate principal. It is axiomatic that everything that is built on the
possession of the property subject matter thereof, and soil yields to the soil.
even sell it to another party. Where the contract expressly
grants the parties the power to revoke or cancel the Physical delivery of real estate sold not necessary
contract, judicial action therefor is not necessary.
The execution of a public document of sale is equivalent to
A contract to sell on installment basis cannot be rescinded delivery.
simply because the seller at the time of the execution of the Physical delivery or the turning over of actual possession by
contract happens to be not the owner. It is sufficient that the vendor to the vendee is not a legal requisite. However,
he be the owner at the time the object is delivered.
when dealing with registered land, delivery is not complete The word urban is defined as of, or belonging to, a city or
unless two requisites concur, namely: town and is derived from the Latin urbanis which in that
(1) the execution of a public instrument of conveyance; language imports same meaning This Latin word is derived
and in turn from urbs, urbis, a city.
(2) the registration of the deed, which is the operative act
that conveys and binds the land.
Double sale of same land And rural property is to be determined from the
character of the locality, the streets, lots, buildings,
Article 1544 of the New Civil Code provides as follows:
improvements, and the market value of the property, as
If the same thing should have been sold to different vendees,
also of the neighboring and surrounding properties.
the ownership shall be transferred to the person who may have
Whether a particular property is to be considered rural or
first taken possession thereof in good faith, if it should be
city depends largely upon its surrounding and the character
movable property.
of the property in the neighborhood.
Should it be immovable property, the ownership shall belong If the buildings and improvements in the neighborhood are
to the person acquiring it who in good faith first recorded it in few and scattered, if they partake of the character of the
the Registry of Property. country, rather than of the city or town, and are occupied
by persons engaged in rural pursuits, the locality should be
Should there be no inscription, the ownership shall pertain to considered rural.
the person who in good faith was first in the possession; and, in An urban property is further distinguished from rural in
the absence thereof, to the person who presents the oldest that the former is situated in a city or a town resembling a
title, provided there is good faith. city, while rural estate is that located in the country, in an
agricultural district.
Contract with pacto de retro not abolished
X. CONDOMINIUM
Instruments of sale with right to repurchase, executed by
virtue of Articles 1601 and 1618 of the Civil Code, may be Condominium, concept
registered, according to Act No. 1108, under the same
conditions and in the same manner as mortgages. Condominium or condominia, in civil law, generally means co-
ownerships or limited ownerships. For the purposes, however,
Vendees title in pacto de retro of Republic Act No. 4726, otherwise known as the
Condominium Act, a condominium implies both co-ownership
A sale with pacto de retro transfers the legal title to the and limited ownership, it being defined as ownership of an
vendee, and the vendee is subrogated to all the rights and interest in real property consisting of: (1) a separate part of unit
actions of the vendor, and therefore the vendee is the in a residential, industrial or commercial building; (2) an
owner of the estate in fee simple subject to the vendors undivided common interest, directly or indirectly, in the land on
right of redemption. which the building is erected; and (3) a similar interest in other
And he may mortgage the property or impose upon it any common areas of the building itself.
other charge, but if the vendor redeems it he (the vendor)
is entitled to receive it free of any charge or mortgage Membership or shareholding in condominium corporation
imposed by the vendee, although he shall be obliged to
respect any lease made by the latter in good faith and in When a title to a condominium is held by a corporation
accordance with the customs of the place where it is specially formed for the purpose, the holders of separate units
situated. or interests in the project are automatically members or
shareholders of the corporation. However, a purchaser of a
Rural land and Urban land, distinguished condominium unit in the condominium project who has not
fully paid the purchase price thereof does not automatically
Rural means pertaining to the country as distinguished become a shareholder or member of the Condominium
from a city or town, and the word is derived from the Latin Corporation. The share of stock appurtenant to the unit will be
rus, ruris, the country. transferred accordingly to the purchaser of the unit only upon
full payment of the purchase price at which time he will also
become the owner of the unit.
Ownership of condominium project Registration of restrictions Before any condominium unit may
be sold or conveyed, it is a prerequisite that a declaration of
Where condominium project covers the building and restrictions relating to the project be registered, which
the land on which it is erected, acquisition of restrictions constitute a lien that shall be binding upon all
ownership thereof is limited only to those qualified to condominium owners, subject to be enforced by the owner of
acquire or hold lands of the public domain. the project or its management body.
Thus, under Section 5 of the Condominium Act, where
the common areas in land in the condominium project Registration of sale or conveyance of condominium
Upon registration of sale or conveyance of a condominium unit
are owned by the owners of separate condominium with the common areas and facilities thereunto appertaining,
units, no unit therein can be conveyed or transferred the conveyance is annotated on the corresponding certificate of
title and thereupon the transferee is issued a condominium
except only to Filipino citizens or corporations at least owners copy of the pertinent portion of such certificate of title,
60% of the capital of which belongs to Filipino citizens. without reproducing thereon the ownership status of the other
However, a corporation, even if 100% of its capital be condominium units in the project.
owned by foreigners, may set up a condominium
corporation if the land on which the building is erected Assessment as lien
is held only under lease.
Unless otherwise provided in the declaration of restrictions,
Registration of enabling or master deed each condominium unit shall be assessed separately for its
share to meet reasonable and authorized expenditures in
It is a legal prerequisite in order that a condominium project proportion to its owners fractional interest in any common
may come under the operation of the Condominium Act that areas. Such assessment shall be an obligation of the owner
the enabling or master deed of the project be registered in the thereof at the time of assessment is made.
office of the Register of Deeds concerned and annotated on the
corresponding certificate of title. Enforcement of such lien
The enabling or master deed shall contain, among other things, Assessment lien that has been duly registered with the Register
the following: (1) description of the land; (2) description of the of Deeds concerned may be enforced in the same manner
building or buildings, stating the number of stories and provided for by law for the judicial or extrajudicial foreclosure
basements, the number of units and their accessories, if any; of mortgages of real property. The condominium owner shall
(3) description of the common areas and facilities; (4) have the same right of redemption as in cases of judicial or
statement of the exact nature of the interest acquired or to be extrajudicial foreclosure of mortagages.
acquired by the purchaser in the separate units and in the
Real estate taxes on condominium
common areas of the condominium project, and where title to
or the appurtenant interests in the common areas are or is to Each condominium separately owned shall be separately
be held by a condominium corporation, a statement to that assessed, for purposes of real property taxation and other tax
effect shall be included; (5) statement of the purposes for purposes,
which the building or buildings and each of the units are
intended or restricted as to use; (6) a certificate of the Registration of subsequent dealings
registered owner of the property, if he is other than those
executing the master deed, as well as of all registered holders A subsequent sale, conveyance or transfer of a condominium
of any liens or encumbrances on the property indicating their unit may be registered in a similar manner as the initial sale,
consent to the registration of the deed; (7) the following plans conveyance or transfer; that is, by way of annotation on the
appended to the master deed as integral parts thereof; and (8) corresponding certifi cate of title, followed by the issuance of a
any reasonable restrictions not contrary to law, morals or condominium certifi cate of title, copy of which is delivered to
public policy regarding the rights of any condominium owner to the transferee.
alienate or dispose of his condominium.
In case, however, where a condominium project covers land
registered under Act 3344 (now Section 113 of P.D No. 1529),
the registration of a conveyance of a condominium shall be
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
REGISTRATION OF LAND TITLES and DEEDS
S.Y. 2017-2018
ALO, AWING, DELA CERNA
deemed sufficient if the Register of Deeds retains the original or Essential requisites of mortgage (Art. 2085)
signed copy of the deed.
1. That it be constituted to secure the fulfillment of a principal
Additional requirements obligation;
2. That the mortgagor be the absolute owner of the thing
The project, together with the plans of the buildings prepared mortgaged;
in accordance with the National Building Code, is to be 3. That the person constituting the mortgage has the free
submitted to the Housing Authority for approval. disposal of the property, and in the absence thereof, that he
be legally authorized for the purpose.
All contracts to sell, deeds of sale and other similar instruments
relative to the sale or conveyance of condominium units, (Article 2125) As a further requisite it is indispensable, in
whether or not the purchase price is paid in full, are also order that a mortgage may be validly constituted, that the
required to be registered by the seller in the Office of the document in which it appears be registered in the Office of the
Register of Deeds of the province or city where the property is Registry of Deeds concerned. Failure to register, according to
situated. the same article, does not necessarily invalidate the mortgage,
but limits its binding effect to the parties thereto only.
XI. REAL ESTATE MORTGAGE
It is also of the essence of the contract of mortgage that
Definition when the principal obligation becomes due, the property
Regarded as a mere lien, and not as creating a title or mortgaged cannot be appropriated by the creditor, but must be
estate sold at public auction in accordance with the procedure
A charge on property for the purpose of security. prescribed by law for the satisfaction of the obligation.
An accessory undertaking for the convenience and security
of the mortgage creditor, and it exist independently of the Mortgage in bad faith
obligation to pay debt secured by it.
Kinds of mortgages Unless duly registered, a mortgage does not affect third
parties
(a) Conventional or voluntary mortgage settled in this jurisdiction is the doctrine that a prior
one created by agreement of the parties. registration of a lien creates a preference.
(b) Real right: A mortgage lien is a real right and as such it is enable the purchaser to evade the effects of the doctrine
good and binding against the whole world, and may be to which reference is made.
enforced by real action against all persons who may have However, for the purpose of determining whether a
existing rights or interests in the same property, not contract is truly a sale under pacto de retro or an equitable
registered prior to the mortgage. It was held that even if mortgage, the Civil Code of the Philippines has provided a
personal action on the debt secured has prescribed, a suit number of tests embodied in the following article:
to enforce the mortgage may still lie so long all such debt Art. 1602. The contract shall be presumed to be an
has not yet been paid. equitable mortgage, in any of the following cases:
(c) Accessory obligation: As an obligation, a mortgage is only (1) When the price of a sale with right to repurchase is
accessory and presupposes the existence of a principal usually inadequate;
obligation. In the absence therefore of a principal (2) When the vendor remains in possession as lessee or
obligation, a mortgage cannot stand. otherwise;
(d) Indivisibility: Even though the debt secured may be (3) When upon or after the expiration of the right to
divided among the debtors or the creditors or their repurchase another instrument extending the period of
successors in interest, the mortgage shall remain as one redemption or granting a new period is executed;
and indivisible, unless there have been several things given (4) When the purchaser retains for himself a part of the
in mortgage and each of them guarantees only a purchase price;
determinate portion of the obligation (5) When the vendor binds himself to pay the taxes on the
thing sold;
(e) Inseparability: The mortgage lien and the property affected (6) In any other case where it may be fairly inferred that
are inseparable, so much so that whoever may the real intention of the parties is that the transaction
subsequently acquire title to the mortgaged property is shall secure the payment of a debt or the performance
bound by the terms of the mortgage, whether the transfer of any other obligation.
be with or without the consent of the mortgagee. In other
words, the mortgage, until discharged, follows the property Mortgage compared with antichresis (P.331)
to whomever it may be transferred no matter how many
times over it changes hands as long as the annotation is (a) As to possession of the property given in security, the
carried over. debtor retains it in the case of a mortgage; whereas, the
creditor takes over in the case of antichresis. Thus, a
(f) Retention of possession. The mortgagor generally retains mortgage, coupled with delivery of possession of the land to
possession of the mortgaged property inasmuch as a the creditor, becomes antichresis,
mortgage is a mere lien and title to the property does not (b) With respect to the fruits, in a mortgage the creditor does
pass to the mortgagee. not gather or receive them whereas, in antichresis the
creditor generally receives them with the obligation to
Pacto de retro sale when considered an equitable mortgage apply the value thereof or proceeds therefrom to the
payment of interest due, and, if any still remaining, to the
where a contract of sale with pacto de retro is executed as principal obligation.
security for a debt owing by the grantor from the grantee, (c) In antichresis the creditor is obliged to pay for the taxes
such conveyance must be treated in equity substantially as and charges upon the estate; whereas, in mortgage it is the
a mortgage, that is, creating a mere equitable charge in debtor.
favor of the creditor or person named as purchaser therein;
and the fact that the conveyance was executed for this Execution and registration of mortgage
purpose may be shown by oral evidence apart from the
instrument of conveyance. As provided by Sec. 60 of P.D. No. 1529, the owner of
The equitable doctrine that any conveyance intended as registered land may mortgage the same by executing a
security for a debt will be held in effect to be a mortgage, mortgage deed, and such deed may be assigned, extended,
whether actually so expressed in the instrument or not, discharged, released in whole or in part, or otherwise dealt
operates regardless of the form of the agreement chosen with by the mortgagee by any form of deed or instrument
by the contracting parties as repository of their obligations. suffi cient in law for the purpose. But such mortgage deed,
Equity looks through the form and considers the substance; and all instruments assigning, extending, discharging, and
and no kind of engagement can be devised which will otherwise dealing with the mortgage, shall be registered,
and shall take effect upon the title only from the time of Where a mortgagor has no title at all to the property
registration. mortgaged, the mortgage is void.
As to when such deeds are executed in a form sufficient in a mortgage of real property executed by one who was not
law (read Sec 112, P.D. No. 1529) yet the owner thereof at the time of the execution of said
mortgage is without legal existence.
What a married woman may mortgage without marital However, as an exception to the rule, we have a case
consent where the choice is between two innocent personsan
innocent co-owner who did not participate in the execution
A married woman, of legal age, may mortgage her of the mortgage but was negligent, and the innocent
paraphernal property without the permission of her mortgagee who relied upon a Torrens Title and loaned
husband. money in all good faith on the basis of the title standing in
So, also, under the system of complete separation of the name of the mortgagors, only thereafter to discover
property of the spouses, the wife may dispose of or one of the co-owners to be an alleged forger of the other
mortgage her separate estate, without the consent of her who by his negligence and acquiescence made the fraud
husband, including what she may accumulate from her possible as between these two innocent persons, it was
profession, business, or industry. held that the negligent co-owner must bear the loss.
With respect to conjugal property, she may mortgage such
property only in case the administration thereof has been Consideration of mortgage
transferred to her by the court
Where the mortgagor is the debtor or obligor himself, the
(a) when she becomes the guardian of her husband, consideration of the mortgage is the debt or the obligation
(b) when she asks for the declaration of his absence, and
(c) in case of civil interdiction of the husband. assumed and secured by this accessory contract. However,
where the mortgagor is a third person, who is not the
debtor or obligor himself, there may arise a question as to
Marital consent necessary under system of absolute the validity of the mortgage in view of the apparent lack of
community of property (p334) consideration. On this point, the following principle has
been laid down:
Registration of mortgage; how effected
The mortgage deed is filed together with the owners The consideration of a mortgage, which is an accessory
duplicate certificate of title with the Register of Deeds of contract, is that of the principal contract, from which it
the city or province where the land lies. Thereupon, this receives its life, and without which it cannot exist as an
official enters upon the original certificate of title and the independent contract, even if the obligation thereby
owners duplicate certificate a memorandum of the secured is of a third person, and therefore it will be valid, if
purport of the mortgage deed, the time of filing, and the the principal one is valid, and cannot be voided on the
file number of the deed, signing the memorandum after ground of lack of consideration.
the entry. He also notes down upon the mortgage deed the
Extent of subject matter
time of filing and a reference to the volume and page of the
registration book where it is registered. it extends further to the natural accessions, to the
improvements, growing fruits, and the rents or income not
Issuance of mortgagees title
yet received when the obligation becomes due, and to the
(Section 60 of Presidential Decree No. 1529) no amount of the indemnity granted or owing to the
mortgagees or lessees duplicate certificate of title shall be proprietor from the insurers of the property mortgaged, or
issued by the Register of Deeds, and those issued prior to in virtue of expropriation for public use, whether the estate
the effectivity of said Decree are deemed cancelled and the remains in the possession of the mortgagor, or it passes
holders thereof required immediately to surrender same to into the hands of a third person.
the Registrar of Deeds concerned.
Future property as subject matter
Mortgage by non-owner unenforceable; exception.
A stipulation to include in the mortgage other property to
be subsequently acquired by the mortgagor is without
legal effect, even if the instrument of mortgage was
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
REGISTRATION OF LAND TITLES and DEEDS
S.Y. 2017-2018
ALO, AWING, DELA CERNA
registered, because it is an essential requisite of such a person to whom he has transferred the property has
contract that the mortgagor be at the time the absolute assumed the obligation to pay said debt, and the creditor
owner of the thing mortgaged. accepted payments from said transaction on account of the
debt; for, said transfer having been made without the
Machineries and fixtures included in real mortgage; when consent of the creditor, the contract was not thereby
excluded novated.
Novation of mortgage may only be accomplished with the
It is a well-settled rule that all objects permanently express, not implied, consent of the mortgagee.
attached to a mortgaged building or land are deemed if there were a novation, the effect would be that the
included. That includes not only fixtures but also machinery original debtor would have been relieved of the obligation
and other objects placed upon and used in connection with and only the transferee of the mortgaged property would
the mortgaged estate. If it is intended to exclude any of be bound.
them, it is indispensable that it be so stipulated between
the contracting parties. Mortgagee in bad faith (read p. 347)
Continuing credit secured by mortgage (read p. 342) Pactum commissorium, nature and effect
Mortgage constituted by private document not legal Pactum commissorium is a stipulation empowering the
creditor to appropriate the thing given as guaranty for the
In order to constitute a legal mortgage, it must be executed fulfillment of the obligation in the event the obligor fails to
in a public document, besides being recorded. live up to his undertakings, without further formality, such
A provision in a private document, although denominating as foreclosure proceedings, and a public sale.
the agreement as one of mortgage, cannot be so
considered as it is not susceptible of inscription in the How mortgage may be discharged
property registry.
A mortgage in legal form is not constituted by a private A mortgage may be discharged by the creditor executing a
document, even if such mortgage be accompanied with public instrument cancelling or releasing the mortgage
delivery of possession of the mortgaged property.
But in Article 2125 it states that if the instrument is not (Sec. 127, P.D. 1529), and the instrument being presented
recorded, the mortgage is nevertheless binding between with the office of the Register of Deeds of the city or
the parties. province where the land lies, together with the owners
duplicate title, for registration. Thereupon, a memorandum
May mortgage be registered without the owners duplicate of cancellation is annotated.
title (read sec. 71, 72, P.D. 1529)
Stipulation of tipo or upset price in mortgage contract
Assignment of mortgage; registration (Sec 60, P.D. 1529)
A stipulation in a mortgage of real property fixing a tipo
it is required that an assignment of mortgage be registered, or upset price to become operative in the event of a
the same to take effect upon the title only from the time of foreclosure was held to be ineffective, for according to
registration. This does not mean, however, that as between statutes the property must be sold to the highest bidder at
the parties the assignment is without legal effect, unless the auction sale
registered. Hence, the purchaser at public auction who won the bid at
Thus, it was held that the alienation or assignment of a a price lower than that fixed in advance by agreement of
credit secured by mortgage is valid and efficient and legally the parties to the contract must have to be upheld.
transfers the dominion or ownership of the same, even if
the transfer of said credit was not recorded in the registry. Recourse left to mortgagee upon death of mortgagor (Rule 86,
Sec 7, ROC)
Sale of mortgage property does not necessarily constitute
novation of mortgage (1) He may abandon the security and prosecute his claim by
filing it with the office of the Clerk of Court, and share in
The fact that the mortgagor has transferred the mortgaged the general distribution of the assets of the estate; or
property to a third person does not relieve him of his (2) he may foreclose the mortgage, by ordinary action in court,
obligation to pay the debt to the creditor, although the making the executor or administrator a party defendant,
Title to registered land does not stand on the same footing Art. 2140. By a chattel mortgage, personal property is recorded
as right to a registered mortgage, in the sense that while in the Chattel Mortgage Register as a security for the
title to registered land under the Torrens system does not performance of an obligation. If the movable, instead of being
prescribe even for a hundred years, the right of action to recorded, is delivered to the creditor or a third person, the
foreclose a mortgage affecting registered land prescribes contract is a pledge and not a chattel mortgage.
after ten years (Article 1142, New Civil Code)
However, recourse may be had to foreclose a mortgage, a contract which purports to be, as in form is, a sale of
notwithstanding the fact that the personal action to personal property, intended as security for the
recover the indebtedness secured by said mortgage may payment of a debt, or the performance of some other
A Torrens title can only be attacked directly. Shares of stock as security of an obligation
It is well-settled that a certifi cate of title cannot be
Although shares of stock of a corporation represent equities
subject to collateral attack and can be altered, modifi
that may consist of real as well as personal property therein,
ed or cancelled only in a direct proceeding in
they are considered under applicable law and jurisprudence as
accordance with law. Having obtained a valid title over
intangible personal property, and therefore may properly be
the subject lot, petitioner is entitled to protection
subject of chattel mortgage.
against indirect attacks against his title.
The Torrens system was adopted in this country Growing crops as personal property
because it was believed to be the most effective
Growing crops, like ungathered sugar cane in the field, are
measure to guarantee the integrity of land titles and to personal property and as such may be subject matter of chattel
protect their indefeasibility once the claim of mortgage.
ownership is established and recognized.
Vessels as subject matter
House as object of chattel mortgage
Vessels are considered personal property under the civil law.
If the owner of the building is distinct and different from the
owner of the land, it may be considered a personal property Section 3 of Presidential Decree No. 1521, no mortgage, which
upon stipulation of the parties, for the purpose of constituting a covers a vessel of domestic ownership or any portion thereof,
chattel mortgage. shall be valid against any third person other than the
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
REGISTRATION OF LAND TITLES and DEEDS
S.Y. 2017-2018
ALO, AWING, DELA CERNA
property is located, incurs criminal responsibility. Thus, it is void stipulation in regard to the increase of the mortgage credit,
and a criminal act. and, even if it does, said increase would take effect only from
the date of the increase. Hence, it is obvious that a chattel
Government lien superior to mortgage lien mortgage cannot be made to secure a future debt.
Taxes due the government are preferred and superior to the
mortgage lien. Registration of assignment of mortgage
Existence of cestui que trust not indispensable The rule has it that the relations of an agent to his principal are
fiduciary, and it is an elementary and very old rule that in
In regard to private trust, it is not always necessary that the regard to property forming the subject matter of the agency, he
cestui que trust should be named, or even in esse at the time is estopped from acquiring or asserting a title adverse to that of
the trust is created in his favor. the principal. His position is analogous to that of a trustee and
he cannot consistently with principles of good faith, be allowed
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
REGISTRATION OF LAND TITLES and DEEDS
S.Y. 2017-2018
ALO, AWING, DELA CERNA
As a rule, no because the possession is not adverse. In order Notation of power of attorney on title
that he may acquire title by acquisitive prescription, the
The memorandum of a power of attorney made on the back of
following requisites must be present:
a certificate of title is not admissible as evidence of the
(a) He must repudiate the trust;
contents of said power of attorney, but only of the fact of its
(b) He must communicate such repudiation to the beneficiaries;
execution, of its presentation for notation, and of its notation
(c) The evidence thereon must be clear and conclusive;
for the purposes of constructive notice to the public in
(d) There must be adverse, open, public, and continuous
connection with the creation of preferential rights to the
possession within the period fi xed by law. In an implied trust,
registered land covered by the title.
the action to recover must be brought within 10 years from the
issuance of the title to the property. Thereafter, the action shall How power of attorney should be construed
prescribe.
Prescription of action for reconveyance of property held under Power of attorney, like any other instrument, is to be construed
constructive trust according to the natural import of its language; and the
authority which the principal has conferred upon his agent is
An action for reconveyance of real property based on not to be extended by implication beyond the natural and
an implied or constructive trust prescribes in ten years, ordinary significance of the terms in which that authority has
provided that no fraud has been employed by the been given.
trustee prior to or simultaneous with the procurement
of the property in his name, in which case the The attorney has only such authority as the principal has chosen
enforcement of the implied trust does not prescribe. to confer upon him, and one dealing with him must ascertain at
It cannot be overemphasized that now it is a settled his own risk whether his acts will bind the principal.
doctrine that an action for reconveyance based on
implied or constructive trust is prescriptible. It
prescribes in ten years. And where the transaction
constituting implied or constructive trust has been
registered, the period of prescription commences as of
the date of its registration.
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
REGISTRATION OF LAND TITLES and DEEDS
S.Y. 2017-2018
ALO, AWING, DELA CERNA
Registration of lis pendens. Purchaser pendente lite not considered purchaser in good
faith
In registering a notice of lis pendens, the requirements
of both Section 79 of Act No. 496 (now Sec. 76, P.D. A purchaser of registered land who takes a certificate of title for
No. 1529) and Section 14 Rule 14, of the Rules of value and in good faith holds an indefeasible title to the land.
Court, should be taken into account together, as the But a purchaser who buys registered land with full notice of the
latter not only supplements but also clarifies some fact that it is in litigation between the vendor and a third party
points in the former. For instance, it will be noted that is not a purchaser in good faith within the meaning of Section
not only the plaintiff may file a notice of lis pendens, 39 of the Land Registration Act, but stands in the shoes of his
but even the defendant when affirmative relief is vendor and his title is subject to the incidents and result of the
claimed in his answer. Furthermore, the annotation of pending litigation; and his transfer certificate of title will, in that
a notice of lis pendens on a certificate of title, by virtue respect, afford him no special protection.
of guardianship proceedings to declare the person
whose name appears thereon as owner incompetent Doctrine of lis pendens not applicable to certain cases
to dispose of her properties, is proper,
notwithstanding the absence of such proceedings By express provision of law, the doctrine of lis pendens
among the listed cases wherein lis pendens may be does not apply to attachments, levies of execution, or
annotated. to proceedings for the probate of wills, or for
For the protection of the claimant, the appropriate administration of the estate of deceased persons in the
step is to have the proper annotation of lis pendens Court of First Instance.
entered. It is essential that the property be directly affected, as
where the relief sought in the action or suit includes
What constitutes constructive notice the recovery of possession, or the enforcement of a
lien, or an adjudication between confl icting claims of
When the notice of lis pendens filed in the Offi ce of the title, possession, or right of possession to specifi c
Register of Deeds has been annotated on the back of the property, or requiring its transfer or sale.
original copy of the corresponding certifi cate of title, it is
deemed sufficient to constitute constructive notice to Object of doctrine
purchasers or other persons subsequently dealing with the
same property. The object of the doctrine of lis pendens is chiefly to keep the
subject matter of the litigation within the power of the court
Thus, it was held that a notice of lis pendens is an involuntary until the entry of final judgment, so as to prevent the defeat of
transaction, entry of which in the day book of the Register of the latter by subsequent alienation.
Deeds being sufficient notice of the claim, without need of its
annotation on the back of the owners duplicate certificate of Cancellation of lis pendens during pendency of action
title
Before final judgment court may order cancellation
Effect of lis pendens upon future transactions after showing that notice I sonly for purpose of
molesting an adverse party or it is not necessary to
Impossibility of alienating the property in dispute during the protect rights of party who caused it to be registered
pendency of the suit may be alienated but purchaser is Register of Deeds may also cancel by verified petition
subject to final outcome of pending suit. Upon the termination of party who caused such registration
of the litigation there can be no risk of losing the property or
any part thereof as a result of any conveyance of the land or Deemed cancelled when certificate of clerk of court
any encumbrance that may be made thereon posterior to the stating manner of disposal of proceeding is registered
filing of the notice of lis pendens.
How lis pendens may be discharged
In case of subsequent sale or transfer, Register of Deeds duty
bound to carry over notice of lis pendens on all new titles to be At any time after final judgment or decree in favor of
issued the defendant or any other party against whom the lis
pendens was registered, or other disposition of the
action such as to terminate finally all rights of the
When lis pendens may be continued When partition of land or buildings is subject to mortgage or
lease
Although a notice of lis pendens has been registered
and accordingly annotated on a certificate of title When a certified copy of a judgment or decree making final
subsequent to a mortgage lien, where the validity of partition of land or buildings is presented for registration, if a
the mortgage itself is raised in issue in the pending mortgage or lease affecting a specific portion or an undivided
litigation, the preservation of the superior right share of the premises had previously been registered, the
established under such a pre-existing mortgage as mortgagee or tenant claiming under the mortgagor or lessor,
against subsequent transferees or other shall cause the mortgage or lease and any duplicate certifi cate
encumbrancers will be dependent upon the final result of title issued to the mortgagee or lessee to be again presented
of said pending litigation. for registration, and the Register of Deeds shall endorse on
The notice of lis pendens may be continued until the each the memorandum of such partition, with a description of
pending case is dismissed or otherwise disposed of the land set off in severally on which such mortgage or lease
against the party at whose instance the doctrine was remains in force.
invoked.
Another instance that may justify the continuance of a Assignee in bankruptcy proceedings entitled to new certificate
notice of lis pendens is where the party seeking its
The assignee or trustee appointed by the court having
cancellation relies upon an earlier transaction involving
jurisdiction thereof in such proceedings shall be entitled to the
the same property but which was not registered.
entry of a new certificate of registered land of the debtor upon
presenting and filing a certified copy of the order appointing
After notice and hearing court to order issuance of 4. AMENDMENT AND ALTERATION OF CERTIFICATE OF TITLE
new title with memorandum that it is issued in place of A certificate of title cannot be altered, amended
lost certificate (duplicate) except in direct proceeding in court; summary
If false statement: complex crime of estafa thru proceeding
falsification of public document Entries in registration books also not allowed to be
altered except by order of the court
2. ADVERSE CLAIM IN REGISTERED LAND Grounds:
Whoever claims a better right or interest in a land 1. New interest not appearing on the instrument have
adverse to the registered owner shall make written been created
statement alleging his right, how and when acquired 2. Interest have terminated or ceased
with description of land 3. Omission or error was made in entering certificate
Statement to be signed and sworn to 4. Name of person on certificate has been changed
Entitled to registration as adverse claim noted on 5. Registered owner has married
certificate of title 6. Marriage has terminated
If there is petition speedy hearing, determine validity 7. Corporation which owner registered land has dissolved
of adverse claim and has not conveyed the property within 3 years after
May be cancelled without court order; effective only its dissolution
for 30 days
After cancellation, no adverse claim on same ground What corrections are permitted in title (which does not
may be registered by same claimant include lands included in original; technical description
1. Adverse to registered owner as long as original decree of registration will not be
2. Arises after original registration reopened and rights or interest of persons not
3. Cannot be registered under provisions of land impaired; old survey was incorrect; substitution of
registration act name of registered owner)
To be made on original certificate, to the duplicate is 1. Alteration which do not impair rights and
not necessary because no access 2. Alteration which impair rights with consent of all
Contracts of lease, contract to sell but prescription and parties
money claims are not allowed 3. Alterations to correct obvious mistakes
Purpose: measure designed to protect the interest of a
person over a property where registration is not 5. RECONSTITUTION OF ORIGINAL CERTIFICATE OF TILE
provided for by the land registration act; serve as As consequence of war records have been
notice and warning to persons subsequently dealing on destroyed
said land When reconstituted have same validity as old
Different with lis pendens: permanent; can only be title
removed after hearing is done but adverse claim is Can only be done judicially by filing a petition for
only for 30 days: lis pendens notice that property is reconstitution with RTC
in litigation; adverse claim; somebody is claiming To be published in OG for 2 cons issues and on
better right main entrance of municipality at least 30 days
Recent ruling: adverse claim can only be removed before hearing
upon court order In rem proceedings
Court to order reconstitution if it deemed fit; issue
3. PETITION SEEKING SURRENDER OF DUPLICATE TITLE order to Register of Deeds
Involuntary and involuntary conveyances when Lack of essential data fatal
duplicate cannot be produced, petition in court may be
filed to compel surrender of certificate of title 6. TRANSACTION EVIDENCED BY LOST DOCUMENT
duplicate to Register of Deeds HOW REGISTERED
After hearing, may order issuance of new certificate Register of Deeds forbidden to effect registration
and annul the old certificate; new of lost or destroyed documents
Steps by interested parties:
o certificate shall contain annotation re 1. Procure authenticated copy of lost or
annulment of old certificate
Right of repurchase not allowed if sold within family & NATURE OF PROCEEDINGS:
not for cultivating or living but for speculation purpose In rem
No defendant & no plaintiff
RESTRICTIONS: Compulsory
1. Cannot be alienated within 5 years after approval of
application for patent PROCEDURE:
2. Cannot be liable for satisfaction of debt within 5 years
1. CADASTRAL SURVEY
after approval of patent application
In opinion of Phil president pursuant to requirement
3. Subject to repurchase of heirs within 5 years after
of public interest, title of land within a specified area
alienation when allowed already
needs to be settled and adjudicated
4. No corporation, partnership, association may acquire
Order Director of Lands to make survey and plan
unless solely for commercial, industrial, educational,
Director gives notice to persons claiming interest in
religious or charitable purpose or right of way subject lands & to gen public of day of survey published in
to consent of grantee & approval of Secretary of
OG and posted in conspicuous place on lands to be
Natural resources
surveyed
Geodetic engineers commences survey
EXCEPTIONS: During survey, boundaries are marked by
Action for partition because it is not a conveyance monuments
Alienations or encumbrances made in favor of the
government 2. FILING OF PETITION
After survey and plot been made, Director
ERRED HOMESTEADER NOT BARRED BY PARI DELICTO represented by Sol Gen institutes cadastral
Pari delicto rule does not apply in void contract proceeding by filing petition in court against holders,
Violation of prohibition results in void contract claimants, possessors, occupants
Action to recover does not prescribe Parcel of lots given their cadastral numbers
ii. If none could prove title land is declared public WHEN CAN CADASTRAL PROCEEDINGS MAY BE OPENED
domain o 10 years up to Dec 31, 1968
6. DECISION o Unable to file their claim even while in possession
Claimants are notified of decision granted right to petition for reopening of proceedings
7. ISSUANCE OF DECREE AND CERTIFICATE OF TITLE provided such were not alienated, leased or disposed
Upon order of court, LRA to enter decree of by government
registration
Decree made basis for issuance of OCT CADASTRAL COURT DOES NOT AWARD DAMAGES, BUT MAY
Decree are now being directly prepared and
DIRECT SHERIFF TO DELIVER POSSESSION
issued on regulation forms of such certificate
NATURE OF TITLE COVERED BY 2 ACTS: o Provisions of land registration act applicable to
cadastral proceedings
Title in good faith & for value
Errors in plan does not annul decree of registration
Cancellation & correction is permitted
XXIII SYSTEM OF REGISTRATION FOR UNREGISTERED LANDS
LAND ALREADY REGISTERED
Jurisdiction is limited only to correction of technical
errors System of registration for unregistered land under the
Court cannot issue decree on land already decreed Torrens System (ACT 3344)
Revision of decree allowed when substantial rights are Before: covers voluntary dealings, now includes
not impaired; what is prohibited is registered land to involuntary dealings
be registered again in name of another Effect if prospective; binds 3rd persons after
Jurisdiction subsist to all incidental matters registration but yields to better rights of 3rd person
CADASTRAL PROCEEDING COMPARED TO ORDINARY prior to registration (limited effect to 3rd parties)
Reason: no strict investigation involved
REGISTRATION
Subsequent dealings also valid if recorded
CADASTRAL ORDINARY Register of Deeds keeps day book & a register; index
Party Initiating Government Private system is also kept
Individual
Subject Matter Private and Private Lands Procedure:
Public a. Presentment of instrument dealing in
unregistered land
Ownership Government Ownership is
b. If found in order registered
does not assert asserted c. If found defective registration is refused
ownership writing his reason for refusal
Interested only
in
settlement of
titles
Survey Government On account of
undertakes Owner
survey
andadvances
expenses
As to risk In absence of Applicant has
successful another chance
claimant, to claim
property goes dismissal is
to government withoutprejudice
19. June 12, 1945 36. Are you required to go behind the title
-unsa naa ani na date?? - no
37. Why Torrens is a stable system
20. Why Register land -assurance fund
-to quiet the title
38. Police Power
21. Who are riparian owners -general welfare (merchant case)
-Article 457
40. Issuance of the decreereckoning period
22. Can the seller be at 2 places at the same time
-yes. Contract of agency
Quizzes:
23. Addison case 1. Is land title, the same, similar, or different from deeds
The court has held that a fraudulent or forged Different (check previous numbers)
document of sale may give rise to a valid title if the
certificate of title has already been transferred from 2. Is possession, the same, similar, or different from
the name of the true owner to the name indicated ownership
by the forger and while it remained as such, the Different. Possession is the holding of a thing and
land was subsequently sold to an innocent enjoyment of the rights of an owner. Right to possess and
purchaser. right to fruits only
24. What are the dealings of ownership Ownershipbundle of right
-voluntary and involuntary
3. Distinguish title from color of title
25. What is land title -color of title murag title
- evidence of right of owner or extent of his interest, by
which means he can maintain control and as a rule assert 4. Is quasi in rem, similar or different from in rem
right to exclusive possession and enjoyment of property proceedings
26. Deeds -quasibinds the parties
- instrument in writing which any real estate or interest -in rem-the whole world
therein is created, alienated, mortgaged or assigned or by
which title to any real estate may be affected in law or 5. Is title the same, similar, or different from muniments of
equity title
27. Definition of contract -muniments-attachments
-meeting of the minds whereby one binds himself to give
something or to render some service 6. Distinguish general default from special default
-a general default may be ordered by the court if no person
28. Instance where an oral deed of sale is valid appears and answers within the time prescribed.
-partial execution -Where a party appears at the initial hearing without having filed
an answer or opposition and asks the court for time within which
29. Is color of title same as title to file the same, and this has accordingly been granted, in case of
failure of such party to fi le his answer or opposition within the
-no, color of title gives the appearance of one but falls short
period allowed, he may be declared specially in default.
of title in the legal sense.
30. Property subject to registration in RD
7. Is the decree of registration the same as judgment
-real property and real rights (immovable under Art 415)
-decree-issued by LRA
-judgmentcourt
34. What is the purpose of registration
????
- constructive notice
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
REGISTRATION OF LAND TITLES and DEEDS
S.Y. 2017-2018
ALO, AWING, DELA CERNA
8. A decision in MCTC on a land registration case was 20. Is the land registration proceeding the same as cadastral
appealed on time to the RTC. As a judge of RTC, what proceeding
would be your action -land reg-initiated by owner
-dismiss; no jurisdiction; must appeal to CA -cadastral- initiated by gov
9. RD refused to register DAS on the ground of fraud. Was 21. Is the contract of sale a mode of acquiring ownership
the refusal correct No.
-no; mandatory function not discretionary/judicial
22. Is personal notice to all land owners indispensable to land
10. Distinguish voluntary dealings v involuntary registration proceeding
-voluntarywith consent ---sale, mortgage, lease, trust, -no; publication is enough since its a proceeding in rem
-involuntary-no consentattachment, tax sale etc
23. Before June 11, 1978 may a corporation be allowed to
11. Distinguish urban land from rural land apply for original land registration
-we know this na beshies -yes
12. Is there a right of redemption in favor of an adjacent 24. On june 11, 1978 FM enacted PD 1529. May the Pres be
owner if the land is either urban land or both urban land allowed to enact into law PD 1529
----YES -yes; legislative was abolished
13. What is the rule in case of double sale of real prop 25. Is the RT acting as a court of land registration a court of
-1st to reg in GF general jurisdiction
st
--if both, 1 to possess -not general; land registration
-if both, oldest title