Chapter 7. -Assurance Fund 2.
Register of Deeds​​, the ​National Treasurer ​and
SECTION 93. Contribution to Assurance Fund
Source of Assurance Fund
- One-fourth (¼) of the assessed value of the real
estate on the basis of the last assessment for
taxation purposes
- If the land has not been assessed​: by the sworn
declaration of two disinterested persons
- Paid to the Registry of Deeds on the following
transactions: RBS
1. Every entry of a certificate in the name of
the ​registered owner
2. Entry upon the original registration on
the certificate of title of a ​building or
other improvements ​on the land
covered by said certificate
3. Entry of a certificate pursuant to any
subsequent transfer ​of registered land
PNB v. CA & Chu Kim Kit
The remedy of the persons prejudiced is to bring an action
for damages against those who caused the fraud, and if the
latter are insolvent, an action against the Treasurer of the
Philippines may be filed for recovery of damages against
the Assurance Fund.
Requisites to file an action against the Assurance
Fund​​: ECS-NBP
1. There must be an ​e​rror, omission, mistake or
misdescription ​on the part of the employee of the
Register of Deeds engaged in the performance of
his duties and/or other persons who committed
frauds or other illegal acts
2. The mistake, omission or misdeclaration
committed in the ​c​ertificate of title ​or in any
entry or memorandum in the ​registration book
3. The person ​s​ustains loss or damage​​, or is
deprived of land or any estate or interest
therein in consequence of the bringing of the land
under the operation of the Torrens system of
arising after original registration of land
4. No ​n​egligence​​ is attributable to the claimant
5. The claimant under the provision of Land
Registration Law is ​b​arred from bringing an
action to recover the land or interest therein or
from obtaining compensation ​from the person
responsible for the damage
6. The action to recover from the Assurance Fund
has​ not ​p​rescribed
SECTION 96. Against Whom Action Filed
1. Register of Deeds and the National Treasurer -
if the fault or negligence is caused by the court
personnel or employees of the Register of Deeds
person or persons other than the court or RD
personnel ​- if fault, fraud or negligence is
committed by the person other than the court or
RD personnel
SECTION 97. Judgment, How Satisfied
If there are defendants other than the National Treasurer
and the Register of Deeds​: the execution shall first issue
against such defendants other than the National
Treasurer and the Register of Deeds
If the execution is returned unsatisfied in whole or in part​:
only then shall the court order the amount of the execution
and costs, or so much thereof as remains unpaid, to be paid
by the National Treasurer out of the ​Assurance Fund
SECTION 102. Limitation of Action
- Must be instituted within a period of ​six years
from the time the right to bring such action first
occurred
If at the time such right of action first accrued, the person
entitled to bring such action was a ​minor or ​insane or
imprisoned​​, or otherwise ​under legal disability​:​ such
person or anyone claiming from, by or under hims, may
bring the proper action at any time ​within two years
after such disability has been removed​​,
notwithstanding the expiration of the original period of six
years first above provided
Chapter 8. -Registration of Patents
Purpose of Grant
- To provide homes and decent living for the
destitutes
When title becomes indefeasible
- After one year​​ from issuance of Patent
Kinds of public land patents​​: HFSS
1. Homestead Patent
2. Free Patent
3. Sale Patent
4. Special Patent
HOMESTEAD PATENT
How acquired:
- May be granted to a qualified applicant who is a
citizen of the Philippines over the age of 18 or the
head of the family who: 12-CRoP
a. does not own ​12 hectares of land in the
Philippines or has not had the benefit of
any gratuitous allotment of more than 12
 hectares since the occupation of the
Philippine sby the United States;
b. have ​c​ultivated ​and improved ​at least ⅕
of the land continuously from the
approval of the application;
c. have ​r​esided ​continuously for ​at least
o​​ne year in the municipality in which the
land is located, or in the adjacent
municipality; and
d. must have ​p​aid ​the required fee.
Procedure on chronological order: F-PC-N-SHP
1. F​​iling ​with the application with the LMB
2. Upon approval​: LMB shall authorize the applicant
to take ​p​ossession
3. Within six months from approval​: the applicant
must begin to ​c​ultivate ​at least ⅕ of the land
4. Give ​n​otice to the public of applicant’s intention
to submit final proof
5. LMB order the ​s​urvey and plan ​be prepared
6. LMB prepares the ​H​omestead Patent
7. Certified true copy of the ​p​atent ​is sent to the RD
of the province for registration and OCT is entered
and Owner’s Duplicate Certificate is issued to the
patentee
Restrictions to Homestead: EDA
1. Lands acquired under homestead shall not be
subject to ​encumbrance ​or alienation from the
date of the approval of the application and for a
term of five years
2. Nor shall the lands become liable to the
satisfaction of any ​debt ​contracted prior to the
expiration of the five-year period
3. No alienation, transfer, conveyance of any
homestead after five years and before 25 years
after issuance of title shall be valid without the
approval ​of the Secretary of Agriculture and
Natural Resources, which approval shall not be
denied ​except​​ on:
a. Constitutional grounds
b. Legal grounds
Raffanan v. Abel​ and ​Flores, et al. v. Plasina
Failure to secure approval from Secretary of Agriculture
(now DENR), does not render the sale null and void. Such
approval may be secured at anytime in the future.
Right to Repurchase
- By the ​applicant​​, his ​widow​​, or l​ egal heirs
- Within a period of five years from the ​date of the
conveyance
Ferrer v. Mangente
The wife and the legal heirs will only have the right to
repurchase once the patentee-vendor had died.
Right to Repurchase when Homestead/Free Patent subject
to Mortgage
- Redemption period of ​one year ​in extrajudicial
foreclosure sale ​from the date of the
registration of the Certificate of Sale
- The ​five-year period ​of redemption under
homestead/free patent is counted ​from the day
after the expiration of the one-year period to
repurchase allowed in extrajudicial foreclosure
Instances when the right to repurchase is disallowed: MIA
1. Conveyance made ​to an immediate ​m​ember of
the family ​of homesteader and his direct
descendant and heir
2. If the ​i​ntention ​in exercising the right to
repurchase is ​not for the purpose of preserving
the land within the family circle
3. Where the land is ​no longer used for ​a​griculture
purpose
Private person cannot question the land grant
- The legality of the grant is a question between the
grantee and the government ​(Maninang v.
Consolacion)
FREE PATENT
- Covers only applications pertaining to untitled
public alienable and disposable lands zoned as
residential
- Act 10023 removed the restrictions on alienation
of land within the five year period
- Removed the right to repurchase
Qualifications for applicants: FAT12
1. Filipino citizen ​of the Philippines under Article
IV, Section 1 of the 1987 Constitution
2. Actual occupation, actual residence and
continuous possession and occupation ​of the
parcel subject of the application for ​at least 10
years​​ prior to the filing of the application
3. Total landholding ​of the applicant must ​not be
more than 12 hectares ​including agricultural
lands
SALES PATENT
- Land applied for is ​sold at public auction
- Awarded to the highest bidder
- Paid in full or in not more than 10 equal annual
installments from the date of the award
- Applicant must have cultivated at least ⅕ of the
land within 5 years from the date of the award and
must have occupied the land until the date of the
final payment
SPECIAL PATENT
- Patent to grant, cede, and convey full ownership of
alienable and disposable lands formerly covered
by a reservation or lands of the public domain
- Issued to the government agencies pursuant to
special laws, proclamations and executive orders
Chapter 9. - Certificate of Land Transfer, Emancipation
Patent, Affidavit of Non-Tenancy
Basic Concept of PD No. 27
- The landowner may retain an area of ​not more
than seven hectares if such landowner is
cultivating such area or will now cultivate it.
Retention Limits
- The landowner may retain the are ​not exceeding
five hectares
- Three hectares may be awarded to each child of
the landowner subject to the following
qualifications:
a. That he is ​at least 15 years of age
b. That he is ​actually tilling the land or
directly managing ​the farm
Qualifications of farmer beneficiaries under CARP​​:
FLAW
1. Filipino citizen
2. Landless
3. Actual occupant/tiller who is at least 15 years of
age or head of the family at the time of filing of
application
4. Has the willingness, ability and aptitude to
cultivate and make the land productive
Chapter 10. - Petitions and Actions after Original
Registration
RECONSTITUTION OF LOST OR DAMAGED TITLE
- Process wherein the alleged lost or destroyed
certificate of title is restored or replaced by
reissuing a new one with the same form and
condition with lost or destroyed certificate with a
memorandum in the reconstituted title that it
is issued in place of the lost or destroyed
certificate of title
- No erasure, alteration or amendment shall be
made
Administrative reconstitution
- Of the original certificate of title in the possession
of the Register of Deeds
- May be availed of only in case of ​substantial loss
or ​destruction ​of title due to ​fire, flood or other
force majeure,​ subject further to the following
conditions:
1. The number of certificates lost or
damaged should be a​t least 10% of the
total number​​ in the possession of RD
2. In ​no ​case shall the number of certificates
of titles lost or damaged be ​less than 500
Procedure for replacement​​: NP-SHNI
1. Send ​notice ​of loss or destruction under oath to
the Register of Deeds
2. File a verified ​petition ​in court
3. Court may ​set ​the ​hearing o ​ f petition
4. Court shall give ​notice ​of the hearing to RD and
interested parties
5. Court may direct ​issuance ​of new duplicate
certificate
*RD is not allowed to reconstitute the lost or destroyed
title ​motu proprio​. The registered owner or his assign must
file a petition for reconstruction.
Sources to support reconstitution:​​ C​2​​ ​D​2​​ ​O​2​
1. Owner’s ​duplicate fo the certificate of title
2. Co-owner’s ​duplicate of the certificate of title
3. A certified ​copy ​of the certificate of title
4. Authenticated copy of the degree ​of registration
or patent
5. Document ​on file in the RD showing that its
original had been registered
6. Any ​other ​document sufficient and proper
Chapter 13. - Dealings with Unregistered Lands
- Must be registered in the ​Primary Entry Book
then ​Registration Book
Binding effect of registration of instrument
- Binds the third person
- Recording is without prejudice to a third party
with a “better right”
“Better right” in case of untitled land
- First who bought the land regardless of
registration
Chapter 15. - Consultas
- Appeal to LRA
When can be availed of​​:
1. Where the RD is in doubt as to the proper action
to be taken - RD may file consulta
2. When the RD denies the registration of an
instrument - aggrieved party may file consulta
Procedure​​:
1. Appeal by Consulta shall be filed directly with the
RD concerned
2. RD shall certify all documents and titles involving
the subject of the Consulta and forward them to
the LRA
3. The Clerk of Court Division shall docket the same
and forward it to the Law Division for hearing and
resolution.
 4. The hearing officer of the Law Division shall set
the Consulta for hearing
5. Parties shall require the submission of
memorandum and/or supporting documents on
or before the date of hearing
6. Within 10 days from termination of the hearing​:
the hearing officer shall submit a draft resolution
to the Chief, Law Division
7. The draft of resolution and records of the Consulta
shall be forwarded to the Director of Legal Affairs
Department, then to the Deputy Administrator for
operations
8. Records of the resolution and Consulta then
transmitted to the Honorable Administrator for
his consideration, approval and signature
9. After the resolution has been approved and
signed​: same shall be forwarded to the Clerk of
Court Division for furnishing of copies to the
parties, the Law Division and Central Records
Section of LRA
10. After the receipt of final resolution of Consulta​:
the RD shall ​motu proprio cancel the
memorandum

*Aggrieved party may file ​Motion for Reconsideration

with LRA within 15 days from receipt of order
*​If denied​: aggrieved party may ​appeal to CA
 Samplex 8. Can a son redeem a land even if the grantee (father)
is not yet dead?
- NO. As ruled in the case of ​Ferrer v. Mangente
1. Section 14 of PD 1529
(1973)​, the wife and the legal heirs will only have
the right to repurchase once the patentee-vendor
2. If Register of Deeds denied your application for
has died.
registration after complying with the requirements,
what will be your remedy? Discuss the procedure.
What is the redemption period for homestead
- The remedy is Appeal by Consulta. See page 3 of
patent?
reviewer for procedure
- Within 5 years from the date of the
conveyance.
3. Can a private person apply for extrajudicial
foreclosure instead of judicial foreclosure? Explain.
9. Requisites of a root of a valid title
- YES, however, extrajudicial foreclosure may be
1. When the certificate of title has already been
availed of only if a provision is inserted in or
transferred from the name of the true owner to
attached to the real estate mortgage a special
the name of the forger or the name indicated by
power of attorney conferring upon the mortgagee
the forger
the power to sell the mortgaged property at public
2. The purchaser was a purchaser in good faith and
auction in the event of foreclosure. It is the
for value
attorney-in-fact named or appointed who shall
execute the deed of sale and not the Sheriff.
10. Requisites of an Innocent Purchaser for Value
1. That the purchaser has no notice that some other
4. What are the limitations stated in Section 118 of CA
persons have a right to or interest in such
141 for homestead patents?
property
- See page 2 of reviewer
2. That he pays a full and fair price for the same at
the time of such purchase or before he has notice
5. X complied with all the requirements for
of the claim or interest of some other person in
registration, however, before OCT was given to him, it
the property
was declared that the land will be made a school in
their city. Will X still be the owner of the land?
11. What is the Mirror Doctrine?
- YES. The requisite for registration is that the land
- It is the general rule that a buyer or mortgagee has
must be declared alienable and disposable at least
the right to rely on what appears on the Certificate
at the time of the filing of the application for
of Title, and in the absence of “anything to excite
registration.
suspicion,” is under no obligation to look beyond
In the case at bar, X has already complied
the certificate and investigate the vendor or
with all the requirements for registration
mortgagor’s title
including the declaration by the government that
the land is already alienable and disposable. As
12. Rules on Double Sale
proof, only the issuance of OCT to X was left.
a. In case of Registered Property
Upon application for registration, X
- First who ​registered ​and in ​good faith
already has right over the subject land since he
has better right
already has imperfect title. If an imperfect title has
b. In case of Unregistered Property
been vested already to the person by virtue of his
- First who took possession or who have
possession, such right cannot be impaired by
bought ​the property and in ​good faith​​,
subsequent legislations or presidential
regardless of registration of sale, has
proclamations.
better right
c. In case of Unregistered Property with no
6. Is it necessary to surrender OCT in involuntary
possessor
dealings?
- Who has the ​oldest title and in good
- NO. It is enough that the involuntary document is
faith ​has better right
entered in the Primary Entry Book.
This is because the involuntary dealings
are transactions affecting registered lands in
which the cooperation of the registered owner is
not needed or even against his will, hence, it is
difficult, if not impossible, to obtain the OCT for
surrender.

7. Sources to support reconstitution of title for OCT

- See page 3 of reviewer