LAND TITLES AND DEEDS MIDTERM REVIEWER BOOK 2: REGISTRATION OF DOCUMENT INVOLVING LANDS Titled Land- refers to titled

land which has been registered under the Torrens system and for which a Torrens title issued in the name of the registered owner Untitled Land- refers to land which has not been registered under Torrens system NB: lands registered under the Spanish Mortgage Law which has not been registered under Torrens system is considered unregistered lands FUNCTION OF REGISTER OF DEEDS Sec 10 of PD 1529- functions of ROD Public REPOSITORY of records of instruments: - Registered lands - Unregistered lands - Chattel Mortgages DUTY OF RD -to register IMMEDIATELY an instrument presented for registration -which COMPLIES with all requisites for registration -see to it that said instrument bears proper documentary and science stamps -inform properly applicant for such denial: In writing Stating the reason for said denial MINISTERIAL DUTY OF ROD The function of ROD is ministerial in nature - ROD must not give his legal opinion - ROD has no power to determine the validity of a document - But must see to it that the documents presented to him for registration complies with the requisites or documents of registration show sufficient in law If ROD is in DOUBT: - ROD must submit and certify the question to the Commissioner of Land Registration 1 Land Titles and Deeds Eubs Capon

Commissioner shall cause notice and conduct hearing

BOOKS OF REGISTRATION A. For documents relating to titled lands - Original copy of OCT shall be filed - Be bound in consecutive order - Shall constitute the REGISTRATION BOOK for titled properties - ROD shall keep a PRIMARY ENTRY BOOK upon payment of the entry fee: PRELIMINARY PROCESS: Note in such book the date, hour and minute of reception of all instruments, in the order in which they were received. NB: they shall be regarded as registered from the time so noted B. For documents relating to untitled lands UNREGISTERED instrumentalities shall only affect between the parties and shall not be binding to the 3rd party or non-parties. C. For documents relating to chattel mortgage A chattel mortgage shall be recorded in the PRIMARY ENTY BOOK and in the REGISTRATION BOOK for chattel mortgage of the ROD in the province, municipality, city where they are situated PURPOSE OF REGISTRATION OF DOCUMENTS: 1. To bind the property [in rem] 2. To give notice [constructive notice in rem and in personam] 3. To transfer ownership [transfer of ownership cannot take effect until its registration] 4. To bind third parties [not only between parties] NB: PD 1529 Sec 51- in the absence of registration, contracts shall not bind strangers UNLESS strangers have actual knowledge thereof. ACT OF REGISTRATION 1. creates constructive notice to the world

all persons are charged with knowledge of what it contains 3. Notice effects from the time of such registration, filing or entering NB: Lis Pendens, is a constructive notice that the land in under litigation, mortgage or anything of same effects RULE OF NOTICE 1. Purchaser is presumed to have EXAMINED every instrument of record affecting it 2. Such presumption is IRREFUTABLE 3. Purchaser is CHARGED with notice and presumed to know every fact of the records TWO WAYS TO TRANSFER OWNERSHIP 1. To REGISTER the deed of sale 2. NOTARIAL deed of sale in a public instrument [execution of a public instrument of conveyance is one recognized ways by which DELIVERY of lands may be made] NB: registration of the deed of sale is the OPERATIVE ACT which gives VALIDITY to the transfer or creates a lien upon the land [Principles of Registration] KINDS OF DOCUMENTS 1. Voluntary Documents- on which is executed by the registered owner, done from his own will and voluntary act, or with his consent dealing with his property [mortgage, sale, lease, etc] 2. Involuntary Documents- is one which is executed by a person other than the registered owner of a titled property the object of which is to bind or charge the property without the consent of, or against the will of the registered owner [levy on execution, attachment, etc] REGISTERING A VOLUNTARY DOCUMENT [Sec 53] Owners duplicate of title must be presented - OCT voluntarily presented to the ROD shall be a CONCLUSIVE AUTHORITY from the registered owner to the ROD to enter a new certificate 2 Land Titles and Deeds Eubs Capon

2.

New OCT shall be binding upon all persons New OCT shall be annotated with the new owner Registration transfers ownership although the certificate still bears the name of the old owner PURPOSE: to safeguard from forged transfer

REGISTERING AN INVOLUNTARY DOCUMENT Owners duplicate of title is not required - The law does not require presentation of OCT - Involuntary document is one which is executed by one other than the owner without the consent or against the will of the owner - REASON: because normally the owner of the land would refuse to surrender the OCT as this is against his will - Entry into the book of entry is a sufficient notice to all persons, even if the OCT is not presented to the ROD NB: auction sale retroacts to the date of the registration of the mortgage, putting the auction sale beyond the reach of any intervening lis pendens, sale or attachment REQUIRED FORM: Public Instrument - Signed by the person executing - In the presence of two witnesses - Witnesses will also sign - Shall acknowledge to be a free act - Shall be signed in the presence of a notary public [must be sealed with notarial seal] - Signatures shall be affixed on the left side of the page [each page must be signed] - Community tax certificate [duty of the notary public to exhibit community tax certificate] 1. State the full name 2. Nationality 3. Residence/post office address of the grantee 4. Civil status 5. If married shall state the full name of the spouse

FORM: contents of public document for CORPORATION - Proof of right to acquire private land - Certified copies of [Articles of Incorporation, Articles of Partnership, By-laws] - Board resolution authorizing any officers to sign in behalf of the corporation DOCUMENTS EXECUTED ABROAD - Must be properly authenticated by DFA - Certification must be issued by Ambassadors or Consular Official REMEDY OF THE APPLICANT General Rule- MANDAMUS does not lie to compel ROD to register the deed of sale: [registered owner must first surrender the OCT for cancellation] - Appeal to the Administrator of Land Registration whose decision shall be binding upon all ROD - Administrative remedy must be resorted first before going to the court EXCEPTION- mandamus may compel ROD as long as there is already a court decision which is final and executory DOCUMENTS DEALING WITH UNTITLED LANDS Untitled lands refers to unregistered lands or lands which are not covered by Torrens Title NB: governing law is Sec 113 of PD 1529 Sec 113- no deed, conveyance, mortgage, lease, or other voluntary instrument affecting land not registered under Torrens title shall be VALID except as between parties a. The recording of the deed and other instruments relating to unregistered lands shall be effected by any ANNOTATION on the space provided therefor in the Registration Book b. If, on the face of the instrument, it appears that it is sufficient in law, the ROD shall register the instrument

c. If ROD refuses to register, he shall advise the party and shall state the ground/s for refusal d. RODs refusal shall be appealable to the Administrator of the LRA NB: law on double sales does not apply to land not registered under the Land Registration Act PRIORITY RIGHTS- first buyers registration of an untitled land can have the effect of constructive notice to the second buyer. [the first to register shall be entitled to PRIORITY RIGHTS] and shall be considered to have a better right than the subsequent buyer [but this is without prejudice to the third persons who acted in good faith] NB: mere registration of a deed of sale in ones favor does not give him any right over the land if the vendor was not anymore the owner of the land having previously sold the same to somebody else even if the earlier sale was unrecorded. ACTIONS TO RECOVER REAL PROPERTY COMPLAINT: - A person whose land has been WRONGFULLY or ILLEGALLY registered and titled in the name of another may file in the court the proper action for the RECOVERY of title to, or OWNERSHIP of, the property - The claims of a party are ASSERTED in the COMPLAINT or PLEADINGS NATURE OF THE ACTION What determines the nature of an action and courts jurisdiction are the ALLEGATIONS of the complaint and the character of the RELIEF SOUGHT. - Averments rather than its title are the proper gauges - Not the captions but the allegations VERIFICATION OF PLEADINGS Pleadings need not be under oath, verified or accompanied by affidavit UNLESS specifically required by law or rule - Pleadings are verified by an affidavit that the affiant has read the pleadings and that the allegations therein are

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TRUE and CORRECT of his personal knowledge or based on authentic records Lacking of verification shall be treated as an unsigned pleading

An action for the recovery of title on the ground of fraud is in reality an ACTION FOR THE ANNULMENT of the deed, which must be filed within 4 YEARS NB: before recovery of ownership takes effect, the deed of sale must first be annulled since a voidable deed of sale is still valid until annulled and the reckoning point begin from the time fraud is discovered - Fraud is deemed discovered upon the registration of the fraudulent deed of sale because registration serves as a constructive notice to the whole world. THE FF MUST BE FILED WITHIN 10 YEARS from the time the right of action ACCRUES: 1. Upon a written contract 2. Upon an obligation created by law 3. Upon a judgment IMPLIED TRUST- when a property is bought from one who is not an owner, an IMPLIED/CONSTRUCTIVE TRUST is constituted to the buyer as mere TRUSTEE - PROOF: oral evidence EXPRESS TRUST- is created by the intention of the parties which disables the trustee from acquiring for his own benefit a property committed to his custody or management - PROOF: not by parol evidence NB: an administrator who registered in his name a portion of land under his administrator shall be required to execute a deed of conveyance FRAUD- refers to when one who applies for registration of a land belonging to another and having knowledge thereof. Remedy of conveyance is available to the true owner, as long as no innocent third party had acquired rights therein. - PROOF: one who alleges fraud has the burden of proof since good faith is presumed to the title holder DOCTRINE OF INDEFEASIBILITY - Registration serves as a notice in rem - Thus it gives notice to the parties

VERIFICATION AGAINST FORUM SHOPPING a. That he has not commenced any action involving the same issue in any court b. If there is a pending action or claim, a complete statement of the present status of the case c. He shall report that fact within 5 days NB: failure to comply with the foregoing requirements shall not be cured by mere amendment and shall be cause for dismissal of the case - Submission of false statement or noncompliance with the requirements shall constitute indirect contempt of the court SERVICE OF PLEADINGS Service and filing of pleadings and other papers shall be done PERSONALLY. If mailed, must be accompanied by written explanation why the service of pleadings was not done personally. Violation of this rule may be a cause to consider the paper not filed. CAUSE OF ACTION- is the act or omission by which a party violates a right of another MISTAKE, FRAUD, ILLEGALITY, BREACH OR TRUST A person wrongfully or illegally deprived of his real property may file an ACTION FOR RECONVEYANCE of said property Civil Code Art 1456, property acquired through mistake or fraud, the person obtaining it, is by force of law, considered a TRUSTEE of an IMPLIED/CONSTRUCTIVE TRUST. [Torrens title is not designed to protect one who has committed fraud or misrepresentation and thus holds title in bad faith.] ANNULMENT OF THE DEED OF SALE

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But this notice does not apply if title is obtain through fraud

GENERAL RULE- when two titles were issued on the same land, the OLDEST TITLE shall be preferred [if both titles are valid] EXCEPTION- If the older title suffers from an inherent infirmity ART 1544 RULES ON DOUBLE SALES IMMOVABLE- The INNOCENT buyer who first registered the deed of sale in the ROD shall be preferred MOVABLE- the buyer who takes possession of the movable shall be preferred Should there be no inscription, the preference shall be the buyer: 1. In good faith 2. Who is in possession 3. One who has the oldest title NB: Art 1544 does not apply to UNREGIOSTERED LANDS CO-HEIRS EXCLUDED- RTC has jurisdiction to an action for reconveyance based on fraud procured a Torrens title to the EXCLUSION OF CO-HEIRS. The fraudulent co-heir is deemed to hold the land in trust for the coownership EXPANDED AREA LRA may not order, cause any change, modification or amendment in the contents of any certificate of title. This should be done by the court. ACTION FOR REVERSION A private individual may not bring an action for reversion. Only the SOLICITOR GENERAL or any officer acting on his stead may do so. [IMPRESCRIPTIBLE] ACCRESION Torrens Title does not protect the riparian owner against diminution of the areas of his registered land through gradual changes in the course of adjoining rivers PLEADINGS AND PRACTICE A party may in one pleading assert as many causes of action as he may have against an

FORGERY- whoever alleges forgery has the burden of proving the same since forgery is not presumed and must be proved by clear and convincing evidence. PURCHASER IN BAD FAITH - One who buys from a REGISTERED OWNER need not look behind the certificated of title - One who buys from another who is NOT a registered owner is expected to examine not only the certificate of title but all factual circumstances necessary to determine if there are flaws in the title of the transferor. - Failure to exercise caution is tantamount to BF Important Rules to be Observed: - If certificate of title is already transferred into the name of the forger, the INNOCENT BUYER need not to look behind the OCT - A forged deed can legally be the root of a valid title when an innocent buyer has acquired the title in good faith - However, this rule cannot be applied if the true owner of the property still HOLDS a VALID TITLE [Prior tempore potior jure] LACK OF MARITAL CONSENT- a deed of sale of a conjugal property requires consent of the spouse ERRONEOUS INCLUSION OF LAND - If the certificate of title issued to a registered owner covers more land than what he really owns to the PREJUDICE OF ANOTHER, such certificate must be cancelled or corrected - Area erroneously included in the title shall be null and void - This is IMPRESCRIPTIBLE DOUBLE TITLES

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opposing party, subject to the following conditions: - Party joining the causes of action shall comply with the rules on JOINDER of parties - Joinder shall not include special civil actions or actions governed by special rules - Where cause of action are between the same parties but pertain to different venues or jurisdictions, the joinder may be allowed in the RTC provided one of the causes of actions falls within the jurisdiction of said court and the venue lies therein [Rules of Court 2, sec 5] ACTIONS: TO RECOVER POSSESSION ACTION FOR RECONVEYANCE Purpose: - A legal and equitable remedy granted to the rightful owner of the land which have been wrongfully or erroneously registered in the name of another - An ordinary civil action - Does not seek to set aside decree but respecting the decree as inconvertible - No longer open to review REQUISITES for an Action for Reconvenyance 1. That the land is claimed to be wrongly registered is still registered in the name of the person who procured the wrongful registration 2. That the property has not been TRANSFERRED to an INNOCENT buyer for value NB: action for reconveyance may be filed if the property sought to be recovered has been MORTGAGE NB: relief sought in action for reconveyance is to recover ownership which includes right of possession. Reconveyance presupposes that the true owner is deprived of possession GENERAL RULE: 10 YEARS EXCEPTION: IMPRESCRIPTIBLE - when there is a showing of illegality in registration, the property registered is deemed to be held in trust by the 6 Land Titles and Deeds Eubs Capon

owner to the person in whose name the land is registered PROVIDED that the property has been transferred to an innocent buyer NB: when the true owner is in possession [in the concept of an owner] of the property, the action for reconveyance is IMPRESCRIPTIBLE ACCION REIVINDAICATORIA Is an action to recover ownership which includes: - rights of possession - jus utendi [right to use] - jus fuendi [right to fruits]

PUBLICIANA/REIVINDACATORIA DISTINGUISHED Accion Publiciana Accion Reivindacatoria Issue is possession Issue is to recover de jure ownership which includes possession and jus utendi/jus fuendi Action is in personam Action is in rem Plenary civil action Ordinary Civil Action ACCION PUBLICIANA Is a plenary civil action for recovery of the RIGHT OF POSSESSION when the plaintiff is dispossessed for more than 1 year by FISTS - issue is the possession de jure - relief sought is recovery of possession and ejectment - if defendant raises the issue of OWNERSHIP the court must first determine the ownership only to determine the issue of possession but its not a conclusive declaration of ownership ACTION FEUD Accion Publiciana AMOUNT No jurisdictional amount Less P20,000 Less P50,000 in metro JURISDICTION Lower courts MTC, MunTC, MCTC

Accion Reivindicatori a

manila More P20,000 More P50,000 in metro manila

RTC

FEUD DISTINGUISHED FORCEABLE ENTRY UNLAWFUL DEAINER Illegal from the Lawful from the beginning beginning Entry by FISTS Entry is upon the expiration of the lease May be directed May be directed against the owner against the owner Must prove prior Need not prove physical prior possession possession ACTION OF FORCEABLE ENTRY/UNLAWFUL DETAINER Is a SUMMARY ACTION filed in court by a person who has been deprived of the possession of any land or building by means of FISTS which seeks recovery of material/physical possession [de facto] of said property. - MunTC within 1 year from dispossession - Action accrues from the last demand to vacate - Must be settled within 30 days

A common law remedy for the removal of any cloud cast upon title of real property - Not only to place things in their proper order but to make the one who has no right therein to respect and not disturb the other - To forever stop any questions as to its legality NB: action to quiet title has been held to coexist with FEUD and LACHES and PRESCRIPTION does not apply

ACTION TO QUIET TITLE Art 476, Whenever there is a cloud on title to real property or any interest therein, by reason of any instrument, record, claim, encumbrance or proceeding which is APPARENTLY valid or effective but is in truth and fact is INVALID, ineffective, voidable, or unenforceable, and may be prejudicial to said title, an action may be brought to remove such cloud or TO QUIET TITLE TO LAND. - The title of the defendant is APPARENTLY valid on its face but in truth is INVALID - To erase any cloud of the title or interest therein 7 Land Titles and Deeds Eubs Capon

ACTION Reconvey ance

NATUR E Fraud

Reversion Quiet to title FORCEA

Fraud onwers hip UNLAWF

PRESCRIPT ION 10 years from the time the cause of action accrued Imprescrip tible Imprescrip tible ACCION

JURISDICT ION RTC

ACCION

BLE ENTRY Nature: Recover y of POSSESS ION Issue: Possessi on de facto Prescript ion: within 1 year from the last demand to vacate Basis: FISTS Jurisdicti on: MunTC

UL DETAINE R Recover y of POSSES SION Possessi on de facto Within 1 year from the last demand to vacate FISTS MunTC

PUBLICI ANA Recover y of POSSES SION Possessi on de jure AFTER 1 YEAR

REIVINDICAT ORIA Recovery of OWNERSHIP

OWNERSHIP

AFTER 1 YEAR

FISTS Less 20/50 Lower courts

More 20/50 RTC

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