Professional Documents
Culture Documents
process.
Torrens System- system of land registration 3. Insurance Principle- provides for the
where a registrar of land holdings maintained compensation of loss if there are errors made
by the state guarantees an indefeasible title to by the registration of title.
those included in the register.
CHARACTERISTIC OF TITLE
LRA- Land Registration Authority 1. indefeasible
2. not subject to collateral attack
Purpose of Land Registration 3. imprescriptible
1. to quiet title 4. incontrovertible
2. to put stop to any question of legality 5. absence of flaws
to the title.
JURISDICTION
EXCEPT:
-claims on the certificate which are -RTC- location of the property
noted at the time of registration on which may -Overall jurisdiction
arise subsequent thereto. (way of annotation) Filed after the original filing of the
property.
Purposes:
1. codify registration laws RTC
2. strengthen the torrens system 1. original application for registration
3. simplify and streamline the 2. other issues other than original
registration registration
4. helps in implementing the land
reform law. MTC
1. RA 7691- expanded jurisdiction of
NATURE OF REGISTRATION PROCEEDINGS MTC
2. limited to the delegated jurisdiction
-In rem or notice against the whole world and on the original registration of land with
against the government. cadastral.
3. contested value- not exceeding
-IPV- Innocent Purchaser Value (Good Faith 100,000
Buyer)
NON-REGISTRABLE MATTERS
THREE PRINCIPLES OF TORRENS SYSTEM
1. those intended for public use, such as roads,
1. Mirror Principle- certificate of title reflects or canals, rivers, torrents, parts and bridges
mirrors accurately andf completely the current constructed by the state, banks, shores,
facts about person’s title. New title has to be roadsteads and other similar character.
identical to the real one in terms of description
of the land. 2. those belong to the state without being for
EXCEPT: for owner’s name. public use and one intended for some public
use and one intended for some public service or
2. Curtain Principle- one does not need to go for the development of the national wealth.
behind the certificate of title as it contains all
information about the title without need for
EFFECT of judgment: render it null and void -prescribes in 10 yrs fromissuance of title over
without prejudice to the original action being the property.
refiled in the proper court
Ground: Actual fraud
-if judgement or final order was set aside on
ground of extrinsic fraud, teh court on motion 9. Assurance Fund
may order the trial court to try the case as if a (in case of insolvency of the party who procured
timely MNT had been granted. the wrongful act)
Recourse of owner:
1. appeal via consultas LRA
2. can withdraw his appeal
3. if not satisfied, CA
Settlement of Estate
- parties can enter judicial partition of property
- alleged surviving heirs
-indicate the real property
Partition RD
-2 yrs for anyone who have claim to
contest the judicial partition.
RECONSTITUTION
- prove your claim over the property
Conditions for RT
1. must be twice in OG
2. mailing
3. printing M/P