IMPORTANT NOTES to REMEMBER (1) Natural Resources DIFFERENCES BETWEEN REGISTRATIONS

under the LAND REGISTRATION ACT (Act no. 496, P.D. no. 1529 AN ACT TO PROVIDE FOR THE ADJUDICATION AND REGISTRATION OF TITLES TO LANDS IN THE PHILIPPINE ISLANDS) and the PUBLIC LAND ACT (Com. Act no. 141 AN ACT TO AMEND AND COMPILE THE LAWS RELATIVE TO LANDS OF THE PUBLIC DOMAIN) LRA There exists an imperfect title requiring judicial confirmation. PLA Property owned by the state is granted, under certain conditions, to an applicant, with title thereto issuing upon compliance with the requirements of the law. The grant is in the nature of a contract between the applicant and the state; recourse to the court is not absolutely indispensable. If the application has been denied or the grant has been revoked, the applicant/ grantee cannot anymore avail of another application or grant, nor he be allowed to register the property in his name (fatal to subsequent attempt at registration). Denial of registration carries with it the risk of the property being taken by state as a consequence. Not a proceeding in rem, since it is between the applicant/ grantee and the state; however, a title once issued after ownership is vested on applicant/ grantee is effective as a Torrens Title and binding on the whole world. Entry and possession is generally granted upon successful application if the applicant is not already in possession of the property.

1.

OWNERSHIP

2.

PROCEDURE

Judicial Procedure

3.

EFFECT OF FAILURE/ DENIAL OF REGISTRATION

Failure of registration not a bar to a subsequent successful registration by the same party.

4.

5.

RISK ASSOCIATED WITH FAILURE OF REGISTRATION NATURE OF PROCEDURE

Denial of registration will ordinarily not carry with it the risk of losing the property. A proceeding in rem

6.

POSSESSION

7.

REVERSION

A writ of possession will be issued as a matter of right in favor of a successful registrant, which can only be availed of once and only effective against those possessing the property before and at the moment of issuance. Titled property is not subject to reversion (generally)

Even after the lapse of one (1) year after registration, the property may be reverted to the state on the grounds of fraud or alienation or encumbrance within the prohibited period.

(2) Land Titles and Deeds THREE PRINCIPLES BEHIND THE TORRENS SYSTEM
1. MIRROR PRINCIPLE every transaction, lien or encumbrance involving titled property is accurately reflected on the face of the title. The actual status of the titled property can thus be seen by mere examination of the title. parties to a transaction need not look beyond what is apparent on the face of the title for hidden defects or unrecorded encumbrances. the Torrens system assures that damages resulting from the implementation of the system will be answered by a state assurance fund. For the purpose of the continued operation of the system, the state is made suable in the appropriate instances.

2.

CURTAIN PRINCIPLE

3.

INSURANCE PRINCIPLE

SOME RULES ON LIENS AND ENCUMBRANCES ON TITLED PROPERTY

1. 2. 3. 4. 5. 6. If all the liens are registered or annotated on the title, they shall, as far as practicable, be satisfied pro rata. If not all liens are registered, the registered liens are superior to the unregistered liens. Statutory liens need not be registered to bind the property, even if they do not appear on the face of the tile. Real estate taxes are superior to all other liens and encumbrances. Transfer of title carries with it transfer of the liens, unless they have been extinguished. Credits, liens or encumbrances of the same kind, if they are all registered, are to be satisfied in the order (or date) of their registration. Preference favors the earlier registration. Exception: If the creditors come together to dispose of the estate of the debtor (insolvency proceedings, proceedings on the estate of the deceased debtor, other similar/analogous liquidating proceedings), they may work out or settle their order of preference.

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IMPORTANT NOTES to REMEMBER

7. 8. 9. Encumbrances not registered are only binding between the parties as a general rule. Recording of the lien or encumbrance or other interest in property is only evidence of authority of the Register of Deeds to make a memorandum for the registration of the same. It is not as effective as registration itself. There is no independent registration of buildings, crops, or other property apart from the land. They can be registered either in the main proceeding, or upon the proper memorandum in the Register of Deeds. The title need not be cancelled in order to reflect the change in the status of the property before and after an interest to the property is created.

PROCEDURE
RTC (registration proceedings) Order of registration Register of Deeds (transactions involving registered property) (ROD)

Land Registration Administration doubts and controversies AFTER registration (LRA) Appeal On Questions of Law Court of Appeals (CA)

Supreme Court (SC)

(3) Labor Standards Minimum ADDITIONAL Pay (add it to the Regular Pay)
1. 2. 3. 4. 5. 6. 7. 8. NIGHT DIFFERENTIAL OVERTIME PAY HOLIDAY PAY (first 8 hours) PREMIUM PAY for Holiday/Rest Day work (in excess of 8 hours) REST DAY HOLIDAY + REST DAY DOUBLE HOLIDAY (first 8 hours) by analogy only DOUBLE HOLIDAY (in excess of 8 hours) BASIC PAY/REGULAR BASE PAY 10% of Regular Rate 25% of Regular Rate 100% of Regular Rate (if employee was not able to work) 200% of Regular Rate (if employee was able to work) 30% of Regular Rate + HOLIDAY PAY 30% of Regular Rate 50% of Regular Rate 200% of Regular Rate (if employee was not able to work) 300% of Regular Rate (if employee was able to work) - defined by exclusive rule - just subtract everything else

HOW TO DETERMINE EXTRA PAY

1. 2. NIGHT DIFFERENTIAL OVERTIME PAY (test) if work is from 10pm to 6am (test1) work is beyond the 8-hour work period (test2) the 24-hour work: if work is performed within 24 hours from the regular reporting time, but after the last regular work hour 24 hours regular work schedule overtime 8am 5pm (time in) (time out) Lunch Break DOUBLE HOLIDAY + REST DAY = some other rules: Worker who is absent or doesnt work the day before the HOLIDAY, NO HOLIDAY COMPENSATION (he is presumed to continue his absenteeism had it not 8am (time in) the next day

from JASB

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