2.

Deed of conveyance is recorded to bind 3rd persons

Civil Law – Land Titles 3. Registration of title
Registration – guarantees the title
JUL 31
Recording – does not guarantee the title; need to examine other docs
Posted by Magz Purpose of Registration:
Chapter 1: BACKGROUND, BASIC CONCEPTS & GENERAL PRINCIPLES 1. Serve as constructive notice
Land Title – evidence of right of owner or extent of his interest, by which means he 2. Prevent fraudulent claims
3. Protect interest of strangers to transaction
can maintain control and as a rule assert right to exclusive possession and enjoyment
Modes of Acquiring Land Titles:
of property.
1. Title by public grant – conveyance of public land by government to a private
Deed – instrument in writing which any real estate or interest therein is created,
individual
alienated, mortgaged or assigned or by which title to any real estate may be affected 2. Title by acquisitive prescription – open, continuous, exclusive, notorious possession
in law or equity. of a property
1. Grantor 3. Title by accretion – alluvion
2. Grantee 4. Title by reclamation – filling of submerged land by deliberate act and reclaiming title
3. Words of grant thereto; government
4. Description of property 5. Title by voluntary transfer – private grant; voluntary execution of deed of conveyance
5. Signature of grantor 6. Title by involuntary alienation – no consent from owner of land; forcible acquisition
6. Witnesses by state
Types of estates: 7. Title by descent or devise – hereditary succession to the estate of deceased owner
8. Title by emancipation patent or grant – for purpose of ameliorating sad plight of
1. Freehold estate – indicates title of ownership.
tenant-farmers; not transferable except by hereditary succession
a. Fee simple – absolute title; conferred without limitation, qualification or restriction

b. Fee tail – pass title to grantee & his heirs Chapter 2: TORRENS SYSTEM – ORIGIN, NATURE & GENERAL CHARACTERISTICS
Advantages:
c. Life state – held for duration of life of grantee
1. Abolishes endless fees
2. Less than freehold estate – a right short of title 2. Eliminates repeated examination of titles
3. Reduces records enormously
a. Estate for years – lease for a period agreed upon, lessor retains ownership of land 4. Instantly reveals ownership
5. Protects against encumbrances not noted on the Torrens certificate
b. Tenancy from period to period – lease running from month to month or year to
6. Makes fraud almost impossible
year with automatic renewal
7. It assures
c. Tenancy at will – person is permitted to occupy land of another without stipulation 8. Keeps up the system without adding to burden of taxation; beneficiaries of the
as to period system pay the fees
9. Eliminates tax titles
3 Stages of Development of Legal System of Transferring Titles:
10. Gives eternal title as state ensures perpetuity
1. Production & delivery of deed by grantor to grantee without registration
11. Furnishes state title insurance rather than private title insurance 4. Those who acquired ownership in any manner provided for by law
12. Makes possible the transfer of titles or of loans within the compass of hours instead Limitation to Ownership of Land by Corporation:
of a matter of days 1. Private lands
Purpose of Torrens Law: quiet title to land – once registered, owner might rest 2. At least 60% Filipino to acquire private land
secure 3. Restricted as to extent reasonably necessary to enable it to carry out purpose which
Persons Bound When Title Not Registered: it was created
1. Grantor 4. If engaged in agricultural – restricted to 1,024 ha.
2. Heirs & devisees 5. Patrimonial property of state
3. Persons with actual notice 6. Lease for 25 years renewable
Procedure in Land Registration Case: 7. Limited to 1,000 ha.
1. Survey of land by Bureau of lands or duly licensed private surveyor 8. Apply to both Filipinos & foreign cos.
2. Filing of application for registration by applicant Form & Contents of Application:
3. Setting of date of initial hearing of application by RTC 1. In writing & signed by applicant or person duly authorized
4. Clerk of court to transmit to Land Registration Authority the application, date of 2. Description of land
initial hearing & other pertinent docs 3. Citizenship
5. Publication of notice of filing of application, date & place of hearing – in OG and in 4. Civil status
newspaper of general circulation 5. Full names & address of occupants & adjoining owners
6. Service of notice – contiguous owners, occupants & those who have interest in What to Accompany Application:
property 1. Tracing cloth plan duly approved by the Director of Lands
7. Filing of answer or opposition to application 2. 3 copies of technical descriptions
8. Hearing of case by RTC 3. 3 copies of surveyor’s certificate
9. Promulgation of judgment by court 4. All original muniments of title
10. Issuance of decree by RTC – decision; Instruct land registration authority to issue 5. 4 copies of certificate by city/provincial treasurer of assessed value of land
decree of confirmation & registration Amendments Allowed & Not Allowed
11. Entry of decree of registration in Land Titles Administration 1. Substantial change in boundaries or increase in area – new technical description
12. Send copy of decree to Register of Deeds necessary – need new publication & notice
13. Transcription of decree of registration in registration book & issuance of the owner’s 2. Substitution of name of new owner – file motion with court
duplicate original certificate of title of the applicant by the Land registration 3. Decrease the area – file motion in court
Authority – upon payment of prescribed fees. Muniment of Title – instruments or written evidences which applicant hold or posses
to enable him to substantiate & prove title to his estate
Transaction Took Place Before Issuance of Decree:
CHAPTER 3: APPLICATION IN ORDINARY REGISTRATION PROCEEDINGS
1. Record instrument in Register of Deeds in same manner as if no application was
Who may Apply:
made
1. Those in open, continuous, exclusive, notorious possession of patrimonial property
2. Present instrument to RTC, motion praying that same be considered in relation to the
of state under bona fide claim of ownership since June 12, 1945 or earlier
pending application
2. Those who acquired ownership of private land by prescription
Transaction Took Place after Issuance of Decree:
3. Those who acquired ownership of private lands by right of accretion
 Register directly with REGISTER OF DEEDS for purpose of canceling such title &
issuing a TCT. CHAPTER 6: JUDGMENT & DECREE
Decree – issued by land registration authority containing technical description of

CHAPTER 4: PUBLICATION, ANSWER & DEFAULT land; issued after finality of judgment
1. Decrees dismissing application
Notice in conspicuous place in land & bulletin board of municipality – 14 days
2. Decrees of confirmation and registration
before hearing
 Final after 1 year after decree
Hearing – within 7 days after publication in OG
 Unless there in innocent purchaser for value
– 25 – 90 days from date of order  Subject only to appeal
 Once final, cannot be subject to attack, deemed conclusive against the world
To Whom Notice must be Sent:
3. Put end to litigation
1. City/municipal mayor & provincial governor
4. Purpose of Torrens system is protected
2. Department of Agrarian Reform, Solicitor General & Director of Lands , Director of
 Amendment after 1 year is allowed – creation or extinguishment of new rights;
Fisheries, Director of Mines
inclusion of new owners not allowed
3. Adjoining owners & those who have rights or interest thereto
Judgment – decision of court constituting its opinion after taking into consideration
Requisites of Opposition:
1. Set forth objections to the application the evidence submitted
2. State interest claimed by oppositor Writ of Possession – order to sheriff to deliver the land to the successful party
General Default litigant; no prescription
 If no person appears and answers within time prescribed 1. Against loser
Special Default 2. Against anyone unlawfully & adversely occupying
 Party appears at initial hearing without having filed an answer and ask court for time When Writ may not Issue:
to file answer but failed to do so within period allowed.  Person entered into property after decree- non claimant; had been there for 10 years
Means to Recover Possession:
1. Forcible entry
CHAPTER 5: HEARING & DECREE 2. Unlawful detainer
Who Conducts Hearing: 3. Accion publiciana
1. RTC 4. Accion reindivicatoria
2. Refer to referee – commissioner Res Judicata:
Proceedings for Ordinary Registration (Land registration Act) /Proceeding for 1. Former judgment must be final
judicial confirmation of Imperfect title under the Public land act 2. Rendered by court having jurisdiction over subject matter & parties
 There exist a title to be confirmed 3. Judgment on merits
 Land applied for belongs to the state 4. Identity of parties, subject matter and causes of action
 Court may dismiss without prejudice to file new application Remedies Available to Aggrieved Party in Registration Proceedings:
 Dismiss with prejudice 1. Motion for new trial – must be brought within 15 days from notice of judgment
 Risk to have application denied without losing land 2. Fraud, accident, mistake, excusable negligence which ordinary prudence could not
 Risk involves loss of land have guarded
3. Newly discovered evidence which could not be discovered & produced at trial 5. Enter in record book, dated, signed, numbered & sealed – take effect upon date of
4. Evidence insufficient to justify decision, decision is against the law entry
5. Appeal – must be brought 15 days from notice of judgment 6. Register of Deeds to send notice to registered owner ready for delivery after
6. Review of decree of registration – available to party deprived of day in court; became payment of fees
non-party due to misrepresentation; invoke actual fraud; before expiration of 1 year; 7. Register of Deeds shall send duplicate & note on each certificate of title to whom it is
specific acts intended to deceive; will no longer prosper if already transferred to issued
innocent purchaser for value 8. Original copy to be filed in Register of Deeds; bound in consecutive order.
7. Plaintiff is owner of land registered in name of defendant Action for Partition, Splitting or Consolidation of Titles:
8. Registration procured through actual fraud 1. Splitting or consolidation – ordinary – Register of Deeds level, no court involved
9. Property has not issued to innocent purchaser for value 2. Subdivision plan – approval of NHA, final approval of LRA, then Register of Deeds to
10. Action is filed within 1 year after issuance of decree of registration issue memorandum that streets not to be disposed except by way of donation to
11. Relief from judgment – 60 days – 6 months after entry of order; available to party to govt. shall be effected without approval of NHA.
case, FAME; after judgment; person deprived of right is party to case Annotations at Back of Certificate – need court order; otherwise null & void
12. Reconveyance – action in personam; available so long as property not passed yet to
innocent purchaser for value; bad faith or with notice of defect
13. Recovery for damages CHAPTER 8: VOLUNTARY DEALINGS WITH REGISTERED LAND
14. Person is wrongfully deprived of his land by registration in name of another – actual Operative Act – registration by owner; deed not registered – binding only between
or constructive fraud parties
15. No negligence on his part Process of Registration:
16. Barred/ precluded from bringing an action 1. File instrument creating or transferring interest and certificate of title with Register
17. Action for compensation has not prescribed of Deeds
2. Owner’s duplicate
3. Payment of fees & documentary stamp tax
CHAPTER 7: CERTIFICATE OF TITLE
4. Evidence of full payment of real estate tax
Torrens Title – certificate of ownership issued under the Torrens System of
5. Document of transfer – 1 copy additional for city/provincial assessor
registration by the government through road naming & declaring owner in fee simple 6. Register of Deeds shall make a memorandum on the certificate of title, signed by him
of property described therein free from all liens except those expressly noted. 7. Issue TCT
Process: Voluntary dealings
1. Within 15 days from finality of order of judgment directing registration of title –  Need to present title – to record the deed in registry & to make memorandum on
court to order Land registration Admin to issue decree of registration and certificate title.
of title Involuntary dealings
2. Clerk of court will send order of court & copies of judgment  No presentation required; sufficient that annotation in entry book is sufficient
3. Administrator to issue decree of registration & original & duplicate of OCT – signed
Formal requisites of a deed:
by Administrator, entered & file decree of registration in LRA
1. Full name
4. Send to Register of Deeds – original & duplicate of title & certificate for entry in his
2. Nationality
registration book
3. Place of residence
4. Postal address of grantee or other persons acquiring or claiming interest
5. Civil status 1. Price of sale with right to repurchase is usually inadequate
6. Whether or not corporation: 2. Vendor remains in possession as lessee or otherwise
3. Upon or after expiration of right to repurchase, another instrument extending
a. Register of Deeds to keep an entry book – day book
period /granting new period is executed
b. Enter in order of reception all deeds & voluntary instruments, write & processes re 4. Purchaser retains a part of the purchase price
5. Vendor binds himself to pay taxes on thing sold
land -Year, month, day, time, minute of reception of instrument; Registered from
6. Real intention of parties is that transaction shall secure payment of debt or
time of entry
fulfillment of other obligation
c. Fees of 5 bucks per document to be paid within 15 days Real Mortgage Chattel Mortgage
Subject matter is real property Subject matter is movable
d. Note memorandum & sign & issuance of certificate May be in private document provided
Public document only
of good faith
e. Documents are numbered & indexed & indorsed with reference to certificate of
Right of redemption for 1 year No right of redemption
title– public records
Deficiency can be recovered Deficiency cannot be recovered
f. Subject to reasonable regulation Execution & Registration
 Cost borne by vendor. 1. Execution of deed in a form sufficient in law (public instrument)
2. Registration with Register of Deeds where the land lies & take effect upon
registration
CHAPTER 9: REAL ESTATE MORTGAGE
3. Present deed of mortgage together with owner’s duplicate
Real Estate Mortgage – real property/real rights secures fulfillment of an obligation 4. Payment of fees
Kinds: 5. Register of Deeds shall enter upon original certificate of title & upon duplicate a
1. Conventional – agreed upon by parties memorandum – date, time of filing, signature, file number assigned to deed
2. Legal – Created by operation of law 6. Register of Deeds to note on deed the date & time of filing & reference to volume &
3. Judicial – results from a judgment page of registration book in which it was registered
4. Equitable – pacto de retro in form but mortgage in essence 7. No duplicate need be issued
Essential Requisites: Subject Matter
1. Constituted to secure fulfillment of principal obligation  Real property plus all its accessions unless contrary is stipulated
2. Mortgagor be absolute owner of thing mortgaged  Future property – without legal effect
3. Person constituting mortgage has free disposal of property  Future improvements – deemed included
Special Characteristics:  Fruits & rents of mortgaged property deemed included
1. Subject matter is realty  Continuing credit secured by mortgage valid
2. Real right – attaches to property wherever it is & whoever holds it Forms:
3. Accessory – presupposes existence of valid principal obligation; cannot stand alone 1. Private document – void & inexistent
4. Indivisibility – even if debt is divisible; mortgage is not 2. Public instrument but not recorded – binding between parties but not 3rd persons
5. Inseparability – mortgage lien is inseparable from property without notice
6. Retention of possession – mortgagor retains possession 3. Public document & registered – valid & binding to 3rd parties
Pacto de Retro – Equitable Mortgage May Mortgage be Registered Without Duplicate Title: Yes
 If being withheld by the owner, Register of Deeds notifies by mail within 24 hours to
registered owner:
1. Stating that mortgage has been registered
2. Requesting that owner’s duplicate be produced so that memorandum be made
thereof
 Owner refuses to comply within reasonable time; Register of Deeds to notify court &
court may enter order requiring owner to produce certificate
Subsequent Dealings in Mortgaged Property
1. May be further alienated – stipulation to contrary is void
 Assignment must also be registered since registration is operative act to affect land
 If not recorded – valid as to parties but not to 3rd parties, right not protected against
somebody who registers & procures better right
 No need to secure permission of mortgagee
 Understood unless prohibited in contract
1. May be further mortgaged – stipulation to contrary is void
1. Pactum commisorium – not allowed
1. Property is mortgaged
2. There is stipulation for automatic appropriation
1. Discharge
 Execute public document canceling or releasing mortgaged in form prescribed by law
 Present instrument with Register of Deeds where land lies together with owner’s
duplicate for registration
 Memorandum of cancellation is annotated on duplicate & original
When Mortgagor Dies
1. Abandon security & prosecute his claim by sharing in general distribution of assets of
the estate
2. Foreclose mortgage by making executor party defendant
3. Foreclose it in due time
Parties in Foreclosure Suit: all persons claiming interest subordinate in right to
mortgagee
Action to Foreclose: Prescribes in 10 years (written contract)
Venue: Per stipulation or in absence thereof, where the property lies
Foreclosure
1. JUDICIAL
 Mortgagee to petition in court for foreclosure
 Court to render order for debtor to pay sum due within 90 days and if not paid from
date of service, property be sold at public auction
 Notice & Publication
 Public auction: sale to highest bidder
 Sheriff to issue certificate confirming judicial foreclosure
 File with Register of Deeds final decree of court confirming sale
 Memo entered in certificate of title
 If right of redemption exist, certificate of title of mortgagor not to be cancelled but
memorandum shall be entered upon the certificate duplicate & original
 After expiry of 1 year redemption period & no redemption, title is consolidated to
new owner
 Purchaser to be entitled to new certificate of title & memorandum endorsed on
mortgage deed
 If there is redemption, memorandum to be annotated on certificate of title
2. EXTRA-JUDICIAL
 Allowed only if stipulation between party authorizes extra-judicial foreclosure
 Cannot be made legally outside of city where land lies
 Publication required: post notices for 20 days in 3 public places where property lies &
if property is more than P400.00, publication must be for 3 consecutive weeks in
news paper of general circulation
 If foreclosure by rural banks, exempt from publication in newspaper for loans not
exceeding 3,000.00
 Registration of sale in Register of Deeds:
1. Deed of sale must be supported by certificate of sheriff that said sale was conducted
accordingly stating the date, time, place of sale, names of creditor & debtor,
description of property, name of highest bidder, selling price
2. Present in Register of Deeds where land lies
3. Memorandum on back of certificate is made
4. After expiration of 1 year of redemption period – title is consolidated if no
redemption exercised: purchaser to file with Register of Deeds the deed of sale &
sworn statement attesting to fact that there is no redemption
5. New certificate of title issued in favor of vendee
6. If redeemed – notice of redemption shall be registered & accomplished by way of
memorandum on proper certificate of title
Right of Redemption
 Payment of purchase price plus 1% per month plus taxes if paid by purchaser
 To be exercised within 1 year after registration of sale
 Right to Deficiency – allowed Cancellation of Chattel Mortgage
 Mortgagee to execute a discharge of the mortgage in manner provided by law
Foreclosure of Mortgage
CHAPTER 10: CHATTEL MORTGAGE
 The must first be non-payment & at least 30 days have elapsed since then
Chattel Mortgaged – personal property is registered with Register of Deeds to secure  Alternatives:
performance of an obligation 1. Judicial
Subject Matter: movables 2. Extra-judicial – only if there is stipulation/authority
Deed of Mortgage: Procedure in Foreclosure
 Requires only description to enable parties & other persons to identify the subject 1. Notice posted for 10 days in at least 2 public places in municipality where property is
matter to be sold designating the time, place and purpose of sale
Registration of Chattel Mortgage 2. Mortgagor is notified in writing at least 10 days before sale
1. Execution of document 3. Public auction
2. Payment of fees 4. 30 days after sale, officer makes a return & file with Register of Deeds where
3. Register of Deeds enters in DAY BOOK in strict order of their presentation chattel mortgage has been recorded
mortgages & other instruments relating thereto (primary process) 5. Officer’s return operates as a discharge of the lien created by the mortgage
4. Register of Deeds thereafter enters in a more detailed form the essential contents of 6. Proceeds to be applied:
the instrument in the Chattel Mortgage Register (complementary process) 7. Cost of sale
Effect of Registration: 8. Amount of obligation
1. Creates a lien – attaches to the property whoever holds it; binding on subsequent 9. Subsequent mortgages
purchasers 10. Balance – mortgagor
2. Constructive notice Recovery of Deficiency: Allowed
Sale of Chattel Without Consent of Mortgagee – void; criminal act
Effect of Failure to Register:
CHAPTER 11: LEASE
 Valid between parties but void against 3rd persons
 If instead of registration, it is delivered – it shall be a pledge & not chattel mortgage Lease – one of parties deliver possession of property to another who is obliged to
(if no chattel mortgage deed executed) pay rent for use of such property.
 Actual knowledge is same effect as registration Registration of Lease
Affidavit of Good Faith: Statement That — 1. File with Register of Deeds the instrument creating lease together with Owner’s
1. Mortgaged is made to secure obligation specified Duplicate of certificate of title
2. Valid & just obligation 2. Register of Deeds to register by way of memorandum upon certificate of title
3. Not entered into for purpose of fraud 3. No new certificate shall be issued
Effect of Absence of Affidavit of Good Faith: When Prohibition in Mortgaged Property as regards Subsequent Conveyances,
 Vitiates mortgage as against creditors & subsequent encumbrances etc.: Leasehold cannot be registered in the title thereof.
 Valid as between parties Effect of Registration:
 No need to be in public document 1. Creates a real right but without prejudice to rights of 3rd persons
2. If not registered – valid as between parties but not to 3rd persons without notice
Assignment of Mortgage
 No need to be registered, permissive only & not mandatory Registration – lessor not required to initiate; lessee shall initiate
 Aliens:
1. May be granted temporary rights for residential purposes CHAPTER 13: INVOLUNTARY DEALINGS WITH REGISTERED LAND
2. Limit: 25 years, renewable for another 25 years Involuntary Dealings – transactions affecting land in which cooperation of registered
Who Else May Register: Builder in Good Faith owner is not needed: it may even be against his will
Attachment
 A writ issued at the institution or during progress of an action commanding the
CHAPTER 12: TRUSTS & POWERS OF ATTORNEY
sheriff to attach the property, rights, credits or effects of the defendant to satisfy
Trust – obligation of a person to whom legal title to property is transferred to hold
demands of the plaintiff
the property according to confidence reposed in him
 Kinds:
2 Kinds: 1. Preliminary
1. Expressed – need to be in writing; cannot be proved by parole evidence 2. Garnishment
2. Implied – exist by operation of law; can be proved by parole evidence 3. Levy on execution
3. Property is bought but paid by another party
Registration of Attachment / Other Liens
4. Donation is made but donee have no beneficial interest thereon
1. Copy of writ in order to preserve any lien, right or attachment upon registered land
5. Price of sale of property is loaned & conveyance is made to lender to secure
may be filed with Register of Deeds where land lies, containing number of certificate
fulfillment of loan
of title of land to be affected or description of land
6. Land passes by succession to a person but legal title is put in another’s name
2. Register of Deeds to index attachment in names of both plaintiff & defendant or
7. 2 persons purchase property but placed only in one’s name
name of person whom property is held or in whose name stands in the records
8. Guardian uses funds of ward to buy property
3. If duplicate of certificate of title is not presented:
9. Property is acquired thru mistake or fraud
4. Register of Deeds shall within 36 hours send notice to registered owner by mail
Power of Attorney – authority granted to a person to dispose one’s property. stating that there has been registration & requesting him to produce duplicate so
Trust Differentiated from Power of Attorney that memorandum be made
1. Trust has 3 parties while power of attorney has 2 parties 5. If owner neglects or refuses – Register of Deeds shall report matter to court
2. Trust is for benefit of 3rd party while power of attorney is for benefit of principal 6. Court after notice shall enter an order to owner to surrender certificate at time &
Registration of Trust place to be named therein
1. Sworn statement claiming interest by reason of an implied trust with description of 4. Although notice of attachment is not noted in duplicate, notation in book of entry
land & reference to number of certificate shall be registered in Register of Deeds
of Register of Deeds produces effect of registration already.
2. Provided not prohibited to do so by instrument creating the trust
Effect of Registration of Attachment:
Appointment of Trustee by Court
1. Creates real right
 Certified copy of decree shall be presented to Register of Deeds & surrender
2. Has priority over execution sale
duplicate certificate
3. But between 2 attachments – one that is earlier in registration is preferred
 Cancel duplicate & new certificate shall be entered by Register of Deeds
4. If not registered – actual knowledge is same as registration
ACTION FOR RE-CONVEYANCE BASED ON IMPLIED TRUST Duty of Register of Deeds
 Prescribes in 10 years  Basically ministerial but may refuse registration in ff circumstances:
 If acknowledged in written form – becomes express trust – prescribes upon 1. Title to land is not in the name of defendant
repudiation
2. No evidence is submitted to show that he has present or possible future interest in Adverse Claim
land 1. Make a statement in writing setting forth alleged interest, from whom acquired, how
3. Unless: heir acquired, no of certificate of land, name of registered owner, description of land in
Properties Exempt From Execution: Family Home which right/interest is claimed – signed & sworn to
Attachment – How continued, reduced or discharged 2. Statement shall be entitled to registration as adverse claim on certificate of title
 Any method sufficient in law 3. Effective for 30 days from date of registration
 Document to be registered 4. After 30 days, may be cancelled by filing of verified petition by party in interest
1. EXECUTION SALE  Any party may petition in court to cancel adverse claim
 To enforce a lien of any description on registered land, any execution or affidavit to  Court to grant speedy hearing
enforce such lien shall be filed with Register of Deeds where land lies  If adverse claim is adjudged invalid – may be cancelled
 Register in registration book & memorandum upon proper certificate of title as 5. No 2nd adverse claim based on same ground shall be registered by same claimant
adverse claim or as an encumbrance
 To determine preferential rights between 2 liens: priority of registration of
CHAPTER 14: REGISTRATION OF LIS PENDENS
attachment
Purpose: keep subject matter within the power of the court until the entry of final
2. TAX SALE
 Sale of land for collection of delinquent taxes and penalties due the government judgment
 In personam (all persons interested shall be notified so that they are given  Therefore creates merely a contingency & not a liens
opportunity to be heard) Effect of Registration:
 Notice to be given to delinquent tax payer at last known address 1. Impossibility of alienating the property in dispute during the pendency of the suit –
 Publication of notice must also be made in English, Spanish & local dialect & posted may be alienated but purchaser is subject to final outcome of pending suit
in a public & conspicuous place in place wherein property is situated & at main 2. Register of Deeds duty bound to carry over notice of lis pendens on all new titles to
entrance of provincial building be issued
 Sale cannot affect rights of other lien holders unless given right to defend their Cancellation of Lis Pendens:
rights: due process must be strictly observed 1. Before final judgment – court may order cancellation after showing that notice I
 Tax lien superior to attachment sonly for purpose of molesting an adverse party or it is not necessary to protect
 No need to register tax lien because it is automatically registered once the tax rights of party who caused it to be registered
accrues 2. Register of Deeds may also cancel by verified petition of party who caused such
 But sale of registered land to foreclose a tax lien need to be registered registration
Procedure of Registration of Tax Sale: 3. Deemed cancelled when certificate of clerk of court stating manner of disposal of
1. Officer’s return shall be submitted to Register of Deeds together with duplicate title proceeding is registered
2. Register in registration book Notice of Lis Pendens is an Involuntary Transaction
3. Memorandum shall be entered in certificate as an adverse claim or encumbrance  Sufficient that there is entry in day book
4. After period of redemption has expired & no redemption (2 years from registration Other Parties who Need to Register:
of auction sale) cancellation of title & issuance of new one 1. ASSIGNEE IN INVOLUNTARY PROCEEDING FOR INSOLVENCY
5. Before cancellation, notice shall be sent to registered owner: to surrender title &  Duty of the officer serving notice to file copy of notice to Register of Deeds where
show cause why it shall not be cancelled the property of debtor lies
Actual Knowledge is Equivalent to Registration
 Assignee elected or appointed by court shall be entitled to entry of new certificate of  If disagree with each other, file in court ordinary action for partition
registered land upon presentment of copy of assignment with bankrupt’s certificate  If there is only 1 heir, may adjudicate to himself entire estate via affidavit to be filed
of title (duplicate) with Register of Deeds
 New certificate shall not that it is entered to him as assignee or trustee in insolvency  If there is movables involved, bond to be filed equivalent to value of property as
proceedings certified under oath by parties conditioned upon payment if any just claim which
Judgment / Order Vacating Insolvency Proceedings may be filed by creditor within 2 years after distribution
 Order shall also be registered  Publication in newspaper of general circulation for 3 weeks; not binding to those
 Surrender title issued in name of assignee & debtor shall be entitled to entry of new without notice
certificate  Final after 2 years
2. GOVERNMENT IN EMINENT DOMAIN Oral Partition, When Deemed Valid
 Copy of judgment file in Register of Deeds which states description of property,  In provinces when person dies leaving property not covered by Torrens system – to
certificate number, interest expropriated, nature of public use avoid legal expenses, heirs make a list of property, pay off debts & assign to each
 Memorandum shall be made or new certificate of title shall be issued  Statute of frauds – do not operate because it is not a conveyance but a separation of
property and designation of part which belongs to them
Wills and Letters of Administration
CHAPTER 15: TRANSMISSION BY DESCENT AND DEVISE
 Executor required to file with Register of Deeds a certified copy of his letters of
When Owner of Property Dies – testate or intestate, administration or the will if there is a will in order that Register of Deeds may register
 Administrator shall file with Register of Deeds registration of property in his name to upon certificate a memorandum with reference to file no & date of filing
be vested with ownership as trustee so he can sell, etc, convey, etc
Court Authority Needed in Order to Sell
 Not necessary if already empowered in the will
1. May be dispensed with if will empowers him sell
When Judicial Proceeding Not Necessary 2. Without authority first secured, heir may sell subject to result of pending
 Heirs may partition estate immediately & no need to be burdened with administration
cost/expenses of an administrator
1. In absence of debts
2. Heirs are all of legal age CHAPTER 16: ASSURANCE FUND
Partition / Settlement of Estate  State creates a fund for the compensation of persons injured by divesting/cutting off
1. JUDICIAL of rights due to the indefensibility of title; following that act of registration is
 After entry of final judgment of partition, copy certified by clerk of court to be filed operative act by which State transfers title; created to relieve innocent persons from
with Register of Deeds harshness of doctrine that certificate of title is conclusive evidence of an indefeasible
 Each owner to gave separate certificate of title (duplicate) title to land.
 If ordered to be sold, purchaser shall be entitled to a certificate of title entered in his  Upon entry of certificate in name of owner or TCT, ¼ of 1% shall be paid to Register
name upon presentment of order confirming sale of Deeds based on assessed value of land – as contribution to assurance fund; if no
2. EXTRAJUDICIAL assessment yet, sworn declaration of 2 disinterested persons subject to
3. Decedent died intestate determination by court.
4. No debts  Money shall be under custody of the National treasurer; invest it until P+I aggregates
5. Heirs are all of legal age, or minors represented by guardian to 500,000, excess shall be paid to the Assurance Fund; annual report of Treasurer to
 Heirs to execute public instrument to be filed with Register of Deeds Secretary of Budget.
 Who is Entitled:
1. Claimant must be owner, purchaser or encumbrancer in good faith who suffered
actual damage by loss of land; in short – he is deprived of his land or interest therein
2. No negligence attributable to him
3. Claimant is barred from filing action to recover said land
4. Action to recover from assurance fund has not prescribed
Loss/Damages Should Not be Due to Following Reasons:
1. Breach of trust
2. Mistake in resurvey resulting in expansion of area in certificate of title
Loss/Damages Should be Due to the Following Reasons:
1. Omission, mistake, misfeasance of Register of Deeds or clerk of court
2. Registration of 3rd persons as owner
3. Mistake, omission, misdescription in certificate of title, duplicate or entry in books
4. Cancellation
Against whom Action is Filed:
1. Action due to deprivation of land due to mistake, negligence, omission of Register of
Deeds, etc – Register of Deeds and National Treasurer as defendants; Sol-Gen must
appear
2. Private persons involved – should also be impleaded
Liability:
1. Satisfy claims from private persons first
2. When unsatisfied – secondary liable is the National Treasurer who shall pay thru
assurance fund; thereafter Government shall be subrogated to rights of plaintiff to go
against other parties or securities
Measure of Damages:
 Based on amount not greater than fair market value of land
 Amount to be recovered not limited to 500,000 which is maintained as standing fund
 If fund is not sufficient, National Treasurer is authorized to make up for deficiency
from other funds available to Treasury even if not appropriated
Where and When to File Action against Assurance Fund:
1. Any court of competent jurisdiction – RTC in city where property lies or resident of
plaintiff
2. Action prescribes in 6 years from time plaintiff actually suffered loss
3. If plaintiff is minor, insane or imprisoned – has additional 2 years after disability is
removed to file action notwithstanding expiration of regular period
CHAPTER 17: PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION
1. Lost Duplicate Certificate
 Sworn statement that certificate is lost to be filed by person in interest with Register
of Deeds
 Petition to court for issuance of new title
 After notice and hearing – court to order issuance of new title with memorandum
that it is issued in place of lost certificate (duplicate)
 If false statement: complex crime of estafa thru falsification of public document
2. Adverse claim in registered land
 Whoever claims a better right or interest in a land adverse to the registered owner
shall make written statement alleging his right, how and when acquired with
description of land
 Statement to be signed and sworn to
 Entitled to registration as adverse claim – noted on certificate of title
 If there is petition – speedy hearing, determine validity of adverse claim
 May be cancelled without court order; effective only for 30 days
 After cancellation, no adverse claim on same ground may be registered by same
claimant
1. Adverse to registered owner
2. Arises after original registration
3. Cannot be registered under provisions of land registration act
 To be made on original certificate, to the duplicate is not necessary because no
access
 Contracts of lease, contract to sell but prescription and money claims are not allowed
 Purpose: measure designed to protect the interest of a person over a property where
registration is not provided for by the land registration act; serve as notice and
warning to persons subsequently dealing on said land
 Different with lis pendens: permanent; can only be removed after hearing is done
but adverse claim is only for 30 days: lis pendens – notice that property is in
litigation; adverse claim; somebody is claiming better right
 Recent ruling: adverse claim can only be removed upon court order
3. Petition Seeking Surrender of Duplicate Title
 In voluntary and involuntary conveyances – when duplicate cannot be produced,
petition in court may be filed to compel surrender of certificate of title duplicate to
Register of Deeds
 After hearing, may order issuance of new certificate and annul the old certificate;  Register of Deeds forbidden to effect registration of lost or destroyed documents
new certificate shall contain annotation re annulment of old certificate  Steps by interested parties:
1. Procure authenticated copy of lost or destroyed instrument
2. Secure an order from court
4. Amendment and Alteration of Certificate of Title
 A certificate of title cannot be altered, amended except in direct proceeding in court;
summary proceeding CHAPTER 18: FEES, OFFENSES, PENALTIES
 Entries in registration books also not allowed to be altered except by order of the  In connection with original and subsequent registration of lands – payable to Clerk of
court court, Register of Deeds, sheriff
 Grounds:  Full payment of fees prerequisite to registration: at least the entry fee of 5.00, rest of
1. New interest not appearing on the instrument have been created the fees due payable within next 15 days
2. Interest have terminated or ceased Offenses:
3. Omission or error was made in entering certificate 1. Larceny
4. Name of person on certificate has been changed 2. Perjury – false statement under oath
5. Registered owner has married 3. Fraudulent procurement of certificate: fine of not more than 10,000 or imprisonment
6. Marriage has terminated of 5 years or both in discretion of court
7. Corporation which owner registered land has dissolved and has not conveyed the 4. Forgery: fine of not more than 10,000 or imprisonment of 10 years or both in
property within 3 years after its dissolution discretion of court
 What corrections are permitted in title (which does not include lands included in 5. Forging of seal in Register of Deeds, name, signature or handwriting of any officer of
original; technical description as long as original decree of registration will not be court of Register of Deeds
reopened and rights or interest of persons not impaired; old survey was incorrect; 6. Fraudulent stamping or assistance in stamping
substitution of name of registered owner) 7. Forging of handwriting, signature of persons authorized to sign
1. Alteration which do not impair rights and 8. Use of any document which an impression of the seal of the Register of Deeds is
2. Alteration which impair rights – with consent of all parties forged
3. Alterations to correct obvious mistakes 9. Fraudulent sale: sale of mortgaged property under the misrepresentation that it is
not encumbered; deceitful disposition of property as free from encumbrance:
imprisonment of 3 years or fine not exceeding 2,00 or both at discretion of court
5.Reconstitution of original certificate of tile
 As consequence of war – records have been destroyed
 When reconstituted – have same validity as old title CHAPTER 19: REGISTRATION OF PUBLIC LANDS
 Can only be done judicially by filing a petition for reconstitution with RTC
Public Lands – all lands owned by the government
 To be published in OG for 2 cons issues and on main entrance of municipality at least
 Inalienable and alienable
30 days before hearing
 Inalienable – public domain: timber and miner lands
 In rem proceedings
 Alienable/ Disposable – public agricultural land
 Court to order reconstitution if it deemed fit; issue order to Register of Deeds
Public land may be alienated, conveyed to private person.
 Lack of essential data fatal
Procedure:
1. Official issuing instrument of conveyance to issue instrument
6. Transaction evidenced by lost document – how registered 2. File instrument with Register of Deeds
3. Instrument to be entered in books and owner’s duplicate to be issued  Except: mineral lands and forest lands acquired before inauguration of
4. Instrument – only contract between Government and private person and does not Commonwealth in November 15, 1935; vested rights which are protected.
take effect as conveyance if unregistered, it is registration which is operative act of Fishponds
conveying land; evidence of authority for Register of Deeds to register
5. Fees to be paid by grantee Before: included in definition of agriculture, conversion of agricultural land to
6. After issuance of certificate of title, land is deemed registered land within the fishponds does not change character of land
purview of the Torrens system Now: restricted meaning; fishponds has distinct category; cannot be alienated but
Nature of Title to Public Lands conveyed: Indefeasible and Conclusive may be leased from government.
 In absence of registration, title to public land is not perfected and therefore not Director of Lands
indefeasible  Quasi-judicial officer
 In case of 2 titles obtained on same date – one procured thru decree of registration is  Findings of fact conclusive on higher court with absence of fraud, mistake other than
superior than patent issued by director of lands error of judgment; but not with regards to finding of law
 2 titles procured by one person – one from homestead patent, one from judicial  Empowered to alienate and dispose lands
decree & sold to 2 diff persons, one who bought it for value and in good faith & one Modes of Alienating Public Lands:
who register first shall have preference. 1. Homestead settlement
Classification of Land of Public Domain: 2. Sale
 Classification is exclusive prerogative of executive & not by judiciary 3. Confirmation of imperfect or incomplete title
 Anyone who applies for confirmation of imperfect title has burden of proof to 4. Judicial legalization
overcome the presumption that the land sought to be registered forms part of public 5. Administrative legalization
domain (Regalian doctrine).  Lease not included since lease does not transfer ownership; free-title grant: free
Under the Constitution: distribution of public lands to encourage people to cultivate; government furnishes
1. Agricultural – only one subject to alienation the applicant with tolls plus cash allowance to enable him to cultivate
2. Forest or timber Confirmation of Imperfect Title:
3. Mineral lands 1. Last extension granted by Government was until December 31, 1987
4. National park 2. Right made available to person qualified to acquire alienable and disposable public
Under the Public Land Act: land thru open, continuous, exclusive, notorious (OCEN) possession
1. Alienable/disposable under bonafide claim of ownership since June 12, 1945.
2. Agricultural 3. Prior to transfer of sovereignty from Spain to US, have applied for purchase but did
3. Residential, commercial, industrial not receive title, without default on their part provided they have occupied since
4. Educational, charitable their application
5. Town sites and for public and quasi-public uses 4. In OCEN possession since June 12, 1945 or earlier
6. Timber lands – inalienable 5. Members of cultural minorities in OCEN who has claim of ownership for at least 30
7. Mineral lands inalienable years
 If patent or title is issued – void ab initio for lack of jurisdiction Max Land that can be Applied: 144 hectares
 Not subject to acquisitive prescription; even if in possession for long time, will not  In case of foreigner, sufficient that he is already Filipino citizen at the time of his
ripen into ownership application
 Corporation who has less 60% Filipino ownership cannot apply confirmation of
imperfect title; can only lease
Persons Competent to Question Land Grant
 Persons who obtained title from State or thru persons who obtained title from State
PATENT
When is Government Grant Deemed Acquired by Operation of Law:
1. Deed of conveyance issued by government patent/grant
2. Registered with Register of Deeds – mandatory: operative act to convey & transfer
title
3. Actual physical possession, open & continuous
 Land ceased to be part of public domain & now ownership vests to the grantee
 Any further grant by Government on same land is null & void
 Upon registration, title is indefeasible
Title Issued Pursuant to Registration of Patent
1. Indefeasible – when registered, deemed incorporated with Torrens system; 1 year
after issuance of patent
2. May not be opened one year after entry by Land Registration Authority; otherwise,
confusion, uncertainty & confusion on government system, of distribution of public
lands may arise & this must be avoided
Except: annullable on ground of fraud, may be reopened even after 1 year because
registration does not shield bad faith
 Court in exercise of equity jurisdiction may direct reconveyance even without
ordering cancellation of title
Aim of Homestead Patent:
 Benevolent intention of government to distribute disposable agricultural land to
destitute citizens for their home and cultivation
 As a matter of public policy, may be repurchased even if after 5 years provided not
for profit
 Right of repurchase not allowed if sold within family & not for cultivating or living but
for speculation purpose
Restrictions:
1. Cannot be alienated within 5 years after approval of application for patent
2. Cannot be liable for satisfaction of debt within 5 years after approval of patent
application
3. Subject to repurchase of heirs within 5 years after alienation when allowed already
4. No corporation, partnership, association may acquire unless solely for commercial,
industrial, educational, religious or charitable purpose or right of way subject to
consent of grantee & approval of Secretary of Natural resources
Exceptions:
1. Action for partition because it is not a conveyance
2. Alienations or encumbrances made in favor of the government
Erred Homesteader not Bared by Pari Delicto
 Pari delicto rule does not apply in void contract
 Violation of prohibition results in void contract
 Action to recover does not prescribe
Homesteader
 If he dies, succeeded by heirs in the application
Legal Restriction in Disposition by Non-Christians (Cultural MINORITIES)
 Conveyance is valid if able to read and can understand language where deed is
written
 Otherwise, not valid unless approved by Commission on National Integration
 Safeguard is to protect them against fraud/deceit
CHAPTER 20: CADASTRAL REGISTRATION PROCEEDINGS
Purpose:
 Another means to bring lands under operation of Torrens System
 Ordinary registration is slow for lack of initiative on part of landowners, innovation
was conceived to hasten and accelerate registration
 Government initiates that all lands within a stated region are up for registration –
whether or not owners are interested to settle their titles
Nature of Proceedings:
 In rem
 No defendant & no plaintiff
 Compulsory
Procedure:
1. Cadastral survey
 In opinion of Phil president pursuant to requirement of public interest, title of land
within a specified area needs to be settled and adjudicated
 Order Director of Lands to make survey and plan
 Director gives notice to persons claiming interest in lands & to gen public of day of
survey – published in OG and posted in conspicuous place on lands to be surveyed
 Geodetic engineers commences survey Nature of Title Covered by 2 Acts:
 During survey, boundaries are marked by monuments  Title in good faith & for value
2. Filing of petition  Errors in plan does not annul decree of registration
 After survey and plot been made, Director represented by Sol Gen institutes  Cancellation & correction is permitted
cadastral proceeding by filing petition in court against holders, claimants, possessors, Land Already Registered
occupants  Jurisdiction is limited only to correction of technical errors
 Parcel of lots given their cadastral numbers  Court cannot issue decree on land already decreed
3. Publication of notice of hearing  Revision of decree allowed when substantial rights are not impaired; what is
 Court to order date of hearing prohibited is registered land to be registered again in name of another
 LRA to notify public by publishing notice 1x in OG and 1x in newspaper of general  Jurisdiction subsist to all incidental matters
circulation & copy mailed to person whose address is known & other copies posted CADASTRAL PROCEEDING COMPARED TO ORDINARY REGISTRATION
in conspicuous place designated bylaw CADASTRAL ORDINARY
4. Filing of answer Party Initiating Government Private Individual
 Any person claiming interest in any part of lands subject to petition is required to file
Subject Matter Private and Public Private Lands
answer
Government does not assert
 Answer must give the ff details: Ownership ownershipInterested only in settlement of Ownership is Asserted
1. Age of claimant titles
2. Cadastral number of lot claimed Government undertakes survey and
Survey On account of owner
3. Name of barrio or municipality where lot is located advances expenses
4. Name of owners of adjoining lots In absence of successful claimant, property Applicant has another chan
As to risk
5. If in possession & without grant – no of years in possession goes to government dismissal is without prejud
6. If not in possession – state interest claimed When can Cadastral Proceedings may be Opened
7. If assessed of taxation – assessed value  10 years up to Dec 31, 1968
8. Any encumbrances affecting said lots  Unable to file their claim even while in possession granted right to petition for
9. Hearing of case reopening of proceedings provided such were not alienated, leased or disposed by
 In any convenient place where land lies government
 Like an ordinary RTC trial Cadastral Court does not Award Damages, But may Direct Sheriff to Deliver
 Conflicting claims are determined
Possession
 Lots claimed are awarded to persons entitles – if they could prove title
 Provisions of land registration act applicable to cadastral proceedings
 If none could prove title – land is declared public domain
6. Decision
 Claimants are notified of decision CHAPTER 21: SYSTEM OF REGISTRATION FOR UNREGISTERED LANDS
7. Issuance of decree and certificate of title  System of registration for unregistered land under the Torrens System (ACT 3344)
 Upon order of court, LRA to enter decree of registration  Before: covers voluntary dealings, now includes involuntary dealings
 Decree made basis for issuance of OCT  Effect if prospective; binds 3rd persons after registration but yields to better rights of
 Decree are now being directly prepared and issued on regulation forms of such 3rdperson prior to registration (limited effect to 3rd parties)
certificate  Reason: no strict investigation involved
 Subsequent dealings – also valid if recorded
 Register of Deeds keeps day book & a register; index system is also kept
 Procedure:
1. Presentment of instrument dealing in unregistered land
2. If found in order – registered
3. If found defective – registration is refused writing his reason for refusal