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LAND REGISTRATION

LAWS
• LAND TITLE is the evidence of the owner’s right or extent of
interest, by which he can maintain control and as a rule assert
right to exclusive possession and enjoyment of property
• DEED is the instrument in writing by which any real estate or
interest therein is created, alienated, mortgaged, or assigned, or
by which title to any real estate may be affected in law or equity
• LAND REGISTRATION is a judicial or administrative proceeding
whereby a person’s claim over a particular land is determined
and confirmed or recognized so that such land and the ownership
thereof may be recorded in a public registry
• TORRENS SYSTEM is a system for registration of and under
which, upon the landowner’s application, the court may, after
appropriate proceedings, direct the issuance of a certificate of
title

TORRENS SYSTEM

PURPOSE
• Avoid possible conflicts of title in and to real property
• Facilitate transactions relative thereto by giving public the right
to rely upon the face of the Torrens certificate of title and to
dispense with the need of inquiring further, except when the
party concerned has actual knowledge of facts and
circumstances that should impel a reasonably cautious man to
make such further inquiry.

NATURE OF TORRENS SYSTEM


•Judicial in character and not merely administrative
•Proceeding is in rem (binding upon the whole world)

CONCEPT OF TORRENS SYSTEM


•Does not create or vest title
•Only confirms (does not confer) ownership

GENERAL RULE: A title once registered cannot be impugned, altered,


changed, modified, enlarged, or diminished
EXCEPTION: Direct proceeding permitted by law, usually for the
protection of innocent third person

TYPES OF TORRENS CERTIFICATES OF TITLE


1.Original Certificate of Title: the first title issued in the name of
the registered owner by the Register of Deeds (ROD) covering a parcel
of land which had been registered by virtue of a judicial or
administrative proceeding.
2.Transfer Certificate of Title: the title issued by the ROD in favor of
the transferee to whom the ownership of the already registered land
had been transferred by virtue of a sale or other modes of conveyance

MODES OF ACQUIRING
1. Public grant
2. Acquisitive prescription
3. Accretion
4. Reclamation
5. Voluntary transfer
6. Involuntary acquisition
7. Descent or devise
8. Emancipation patent/grant
LAWS IMPLEMENTING LAND REGISTRATION
1.Property Registration Decree (P.D. 1529, as amended)
2.Cadastral Act (Act 2259, as amended)
3.Public Land Act (Commonwealth Act 141, as amended)
4.Emancipation Decree (P.D. 27, as amended)
5.Comprehensive Agrarian Reform Law of 1988 (R.A. 6657, as
amended)

ADMINISTRATION OF THE TORRENS SYSTEM

1.LAND REGISTRATION AUTHORITY (LRA)


• Agency charged with the efficient execution of the laws relative
to the registration of lands, under the executive supervision of
the DOJ
• Consists of an Administrator assisted by 2
• Deputy Administrator
2.REGISTER OF DEEDS (ROD)
• Constitutes a public repository of records of instruments
affecting registered or unregistered lands and chattel mortgages
in the province or city wherein such office is situated
• Headed by the Register of Deeds, assisted by a Deputy

FUNCTIONS OF THE ROD: IPDI


1. Immediately register an instrument presented for registration
dealing with real or personal property which complies with the
requisites for registration
2. Shall see to it that said instrument bears the proper documentary
and science stamps and that the same are properly cancelled
3. If the instrument is not registerable, he shall deny the registration
thereof and inform the presentor of such denial writing, stating the
ground or reason therefore, and advising him of his right appeal by
consulta in accordance with sec. 117 of PD 1529
4. Prepare and keep an index system which contains the names of all
registered owners and land registered

Baranda v. Gustillo, 165 SCRA A757 (1988)


The function of the ROD with reference to registration of deeds,
encumbrances, instruments and the like is ministerial in nature.

Balbin v. ROD, 28 SCRA 12 (1969)


Instances when the ROD may validly deny registration of a voluntary
instrument:
1. Where there are more than 1 copy of the owner’s duplicate
certificate of title and not all such copies are presented to the
ROD.
2. Where the voluntary instrument bears on its face an infirmity
3. Where the validity of the instrument sought to be registered is in
issue in a pending court suit
a. Notice of pending suit must be given to parties
b. Registration may be suspended

ORIGINAL REGISTRATION UNDER PD NO. 1529


Is a proceeding brought before the RTC (as a land registration
court) to determine title or ownership of land on the basis of an
application for registration or answer by a claimant in a cadastral
registration

PROCEDURE IN ORDINARY LAND REGISTRATION


1. Survey of land by the Bureau of Lands or a duly license private
surveyor
2. Filing of application for registration by the applicant
3. Setting of the date for the initial hearing of the application by the
Court
4. Transmittal of the application and the date of initial hearing with
all the documents or other evidences attached thereto by the
Clerk of Court to the Land Registration Commission (now LRA)
5. Publication of a notice of the filing of the application and date
and place of the hearing in the Official Gazette
6. Service of notice upon continuous owners, occupants and those
known to have interests in the property by the sheriff
7. Filing of answer to the application by any person whether named
in the notice or not
8. Hearing of the case by the Court
9. Promulgation of judgment by the Court
10. Issuance of the decree by the Court declaring the decision
final and instructing the Land Registration Authority to issue a
decree of confirmation and registration
11. Entry of the decree of registration in the Land Registration
Authority
12. Sending of copy of the decree of registration to the
corresponding Register of Deeds
13. Transcription of the decree of registration in the
registration book and issuance of the owner’s duplicate original
certificate of title to the applicant by the Register of Deeds, upon
payment of prescribed fees.

APPLICANTS (SEC. 14 PROPERTY REGISTRATION DECREE)


1. Those who by themselves or through their predecessors-in-
interest have been in open, continuous, exclusive, notorious
possession of alienable and disposable land of the public domain
under bona fide claim of ownership since June 12, 1945 or earlier
2. Those who acquire ownership of public land by prescription
under the provision of existing laws
3. Those who acquired ownership of private lands or abandoned
river beds by right of accession or accretion under the existing
laws
4. Those who have acquired ownership of land in any manner
provided by law

PERSONS WHO CANNOT PROPERLY FILE AN PPLICATION FOR


REGISTRATION OF LAND:
1.Public land sales applicant admits he is not the owner in in his
application
2.Mortgagee or his successor-in-interest to the mortgage when
mortgage is assigned (pactum commissorium)
3. Antichretic creditor since he holds not in the concept of an owner
previously denied
4.Person or entity whose claim of ownership to land had been
previously denied in a reivindicatory action and the right of the
ownership thereto of another is upheld by the court

WHERE TO FILE APPLICATION


General Rule: RTC of the province or city where the land is situated.

Averia v. Caquioa, 146, SCRA 459 (1986)


PD 1529 has eliminated the distinction between he general jurisdiction
vested in the RTC and the limited jurisdiction conferred upon it by the
former law when acting merely as land registration court. Aimed at
avoiding multiplicity of suits, the change has simplified registration
proceedings by conferring upon the RTCs the authority to act not only
on original applications but also those filed after original registration,
with power to hear and determine all questions arising upon such
applications or petitions.

Exception: Delegated jurisdiction of the MTC to hear and determine


cadastral or land registration cases covering lots where:
-there is no controversy or opposition or
-contested lots, the value of which does not exceed P 100,000

AMENDMENTS IN ORDINARY REGISTRATION PROCEEDINGS


1. Striking out one or more of the parcels of land applied for or by a
severance of the application (the court may strike out at any
time)
2. Substantial change in boundaries, increase in area, inclusion of
additional land (new technical description and new publication
and notice are necessary)
3. Joinder, substitution or discontinuance of any of the parties (file
motion with court)
4. Decrease in area (file motion with court; no need for new
publication or notice)

Benin v. Tuason, 57 SCRA 531 (1974)


Without a new publication, the registration court cannot acquire
jurisdiction over the area or parcel of land that is added to the area
covered by the original application, and the decision of the registration
court will be a nullity insofar as the decision concerns the newly
included land. The reason

DOCTRINE OF NON-COLLATERAL ATTACK OF DECREE OR TITLE


- A decree of registration and registered title cannot be impugned,
enlarged, altered, modified or diminished either in collateral or
direct proceeding after the lapse of the 1-year period prescribed
by the law.

JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE TITLE


UNDER THE PUBLIC LAND ACT
 In rem, judicial proceedings
 The decree of registration issued is conclusive and final
 Governed by court procedure and law of evidence
WHO MAY BE APPLICANTS: FFPL
1.Filipino citizens who by themselves or through their predecessors in
interest have been in open continuous , exclusive and notorious
possession and occupation of alienable and disposable lands of the
public domain under a bona fide claim of acquisition since June 12,
1945 or prior thereto, or ever since time immemorial (Oh Chov. Dir.
Lands,75 Phil 890 [1946])

2.Filipino citizens who by themselves or through their predecessors in


interest have been prior to the effectivity of PD 1073 (January 25,
1977) in open, continuous, exclusive and notorious possession and
occupation of agricultural lands of the public domain under a bona
fide claim of acquisition of ownership for at least 30 years, or at
least since January 24, 1947 (RA 1942, Dir. Of Lands v. IAC and
ACME,146 SCRA 509 [1986]).

3. Private corporations or associations which had acquired lands,


formely part of the alienable and disposable lands of the public
domain, from Filipino citizens who had possessed the same in the
manner and for the the length of time indicated in 1 and 2 above
(Dir. Of Lands v. IAC and ACME , 146 SCRA 509 [ 1986]).

4. Natural born citizens of the Philippines who may have acquired


disposable and alienable lands of the public domain from Filipino
citizens who had possessed the same in the manner and for the
length of time indicated in 1 and 2 above (Republic v. CA, 235 SCRA
567 [1994]).

WHAT APPLICANT MUST PROVE:


 The land is alienable and disposable land of the public domain,
and
 His possession was for the length of the time and in the manner
and concept required by law