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REVIEWER IN PROPERTY REGISTRATION AND RELATED PROCEEDINGS

I. GENERAL PROVISIONS
Q. What is the Regalian doctrine?

A. The Regalian doctrine or jura regalia is a Western legal concept that was rst introduced by the Spaniards into the country through the Laws of the Indies and the Royal Cedulas. It embodies the concept that all lands of the public domain and all other natural resources are owned by the State. All lands and waters of the public domain are owned by the State. This principle is derived from the jura regalia or Regalian doctrine which is the prerogative or proprietary right belonging to the sovereign. The doctrine was adopted and enshrined in the 1935, 1973 and 1987 Constitutions. The State is, by the Constitution, the owner of all lands belonging to the public domain, the waters, minerals, sheries, forests and all natural resources therein.1 Under the Regalian doctrine, all lands of the public domain and other natural resources belong to the State. The State is the source of any asserted right to ownership in land and charged with the conservation of such patrimony. All lands not otherwise appearing to be clearly within private ownership are presumed to belong to the State. To overcome such presumption, incontrovertible evidence must be shown by the applicant that the land subject of the application is alienable or disposable.2
Republic v. Court of Appeals and Republic Real Estate Corporation, GR Nos. 103882 and 105276, Nov. 25, 1998, 299 SCRA 199, per Justice, now Chief Justice, Puno. 2 Pagkatipunan v. Court of Appeals, GR No. 129682, March 21, 2002, 429 Phil. 377.
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REVIEWER IN PROPERTY REGISTRATION AND RELATED PROCEEDINGS

Q.

Explain the basis of the doctrine.

A. Under the concept of jura regalia, private title to land must be traced to some grant, express or implied, from the Spanish Crown or its successors, the American colonial government, and thereafter, the Philippine Republic. In Spanish law, it refers to a right which the sovereign has over anything in which a subject has a right of property or propriedad. These were rights enjoyed during feudal times by the King as the sovereign. The belief that the Spanish Crown is the origin of all land titles in the Philippines has persisted because title to land must emanate from some source for it cannot issue forth from nowhere. The theory of the feudal system was that title to all lands was originally held by the King, and while the use of lands was granted out to others who were permitted to hold them under certain conditions, the King theoretically retained the title. By ction of law, the King was regarded as the original proprietor of all lands, and the true and only source of title, and from him all lands were held. The theory of jura regalia was therefore nothing more than a natural fruit of conquest.3 Q. What is the legislative policy regarding conservation of our natural resources? A. Our country has been blessed with rich, lush and verdant rain forests in which varied, rare and unique species of ora and fauna may be found. The legislative policy has been to preserve and nourish these natural resources as they are not only for our benet but more so for the countless future generations to which we are likewise responsible.4 Q. Explain how the three departments of the government coordinate to achieve the objectives of the Constitution in the conservation and utilization of our natural resources. A. Initially, the authority to implement the constitutional provision classifying the lands of the public domain (and is now even permitted to provide for more categories of public lands) belongs to
Cruz v. Secretary of Environment and Natural Resources, GR No. 135385, Dec. 6, 2000, 347 SCRA 128, per Justice Kapunan. 4 See AGCAOILI, Law on Natural Resources, 2007 ed., for a discussion of important laws relative to the management, exploitation, disposition and utilization of our natural resources.
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I. GENERAL PROVISIONS

the legislature. The legislature having made such implementation, the executive ofcials may then, in the discharge of their own role, administer our public lands pursuant to their constitutional duty to ensure that the laws be faithfully executed and in accordance with the policy prescribed. For their part the courts will step into the picture if the rules laid down by the legislature are challenged or, assuming they are valid, it is claimed that they are not being correctly observed by the executive. Thus, do the three departments, coordinating with each other, pursue and achieve the objectives of the Constitution in the conservation and utilization of our natural resources.5 Q. In what forms of grant were lands distributed by the Spanish government? A. The Spanish government distributed lands by issuing royal grants and concessions to settlers and other people in various forms, such as: (a) the titulo real or royal grant; (b) the concession especial or special grant; (c) the composicion con el estado title or adjustment title; (d) the titulo de compra or title by purchase; (e) the informacion possessoria or possessory information title; and (f) the titulo gratuito or gratuitous title.6 Q. Is the Regalian doctrine reected in the Constitution?

A. The 1987 Constitution, like the 1935 and 1973 Constitutions, embodies the principle of State ownership of lands and all other natural resources in Section 2 of Article XII on National Economy and Patrimony, to wit:
SEC. 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, sheries, forests or timber, wildlife, ora and fauna, and other natural resources are owned by the State. With the exception of agricultural lands, all other natural resources shall not be alienated. The exploration, development and utilization of natural resources shall be under the full control and supervision of the State. The State may directly undertake such activities
5

Director of Forestry v. Villareal, GR No. L-32266, Feb. 27, 1989, 170 SCRA

598.
6 Director of Lands v. Buyco, GR No. 91189, Nov. 27, 1992, 216 SCRA 78; Director of Forestry v. Muoz, GR No. L-24796, June 28, 1968, 23 SCRA 1183; Santiago v. Subic Bay Metropolitan Authority, GR No. 156888, Nov. 20, 2006, 507 SCRA 283.

PREFACE
In his book, Property Registration Decree and Related Laws (Land Titles and Deeds), written and published upon the gracious suggestions of his students and colleagues in the law profession who were looking for a combined textbook and casebook reference on land registration and related proceedings, the author ventured into a comprehensive discussion of the provisions (121 sections) of the Property Registration Decree (PD No. 1529, June 11, 1978), incorporating therein relevant principles and illustrative cases for a better understanding thereof. The author is humbled and heartened that the book has now graced law libraries and ofces and is being used by lawyers in their practice and recommended by law professors as a textbook for students on land registration. The present work, Reviewer in Property Registration and Related Proceedings, aims to project the same subject on land registration but in a simplied question and answer method to make it a handy reference for classroom use and more especially for Bar candidates who may not have the luxury of wading through thick volumes of books and other materials on the subject. It is hoped that the Reviewer will be a useful reference, not only to aspiring lawyers, but to the bench and bar as well. January 15, 2008.

OSWALDO D. AGCAOILI Associate Justice Court of Appeals

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PREFACE TO THE 2011 EDITION

The auspicious comments of law students, especially those preparing for the Bar, on our book Reviewer in Property Registration and Related Proceedings have encouraged me to come up with a revised edition to include more review questions and answers covering the latest decisions of the Supreme Court. A new feature of the book is the incorporation of Multiple Choice Questions (MCQs) and Answers as a separate chapter. According to the Supreme Court, MCQs should be able to determine the level of the examinees preparedness for the work of a lawyer by testing his knowledge and understanding of the law and its basic principles as well as his ability to analyze legal problems and provide solutions. Apart from expanding the coverage of the book, the inclusion of MCQs in this new edition will not only familiarize the bar candidate with the redesigned bar examinations format but, more importantly, prepare him for the practice of law.

JUSTICE OSWALDO D. AGCAOILI Professor, Philippine Judicial Academy Supreme Court

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To my lovely children, Mario, Cynthia, Wendy and spouses, grandchildren, Kirsten Leslie, Krizia Nicole, Cynthia Abigail, Rayzel Dezeree, Kasel Raewen and Krician Reyn, and my wife, Elo, the cutest of them all . . . . . this book is affectionately dedicated.

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CONTENTS
Preface ................................................................................... iii v vii 1 13 18 18 18 18 31 45 51 58 70 72 84 89 129 167 231 240 269 269 296 298 324 334 347

Preface to the 2011 Edition ....................................................... Dedication................................................................................... I. II. General Provisions ............................................................ The Land Registration Commission and Its Registries of Deeds ................................................... III. Original Registration ........................................................ (I) Ordinary Registration Proceedings .......................... (A) Registration under the Property Registration Decree .......................... A. Application ....................................................... (B) Judicial Conrmation of Imperfect or Incomplete Titles .............................. (C) Registration Under the Indigenous Peoples Rights Act ............................ (D) Form and Contents, Dealings with Land .......................................... B. Publication, Opposition and Default ............... C. Hearing, Judgment and Decree of Registration ......................................... (I) Citizenship Requirement ......................... (II) Classication of Lands ........................... (III) Non-Registrable Properties ..................... (IV) Specic Evidence of Ownership .............. (V) Remedies .................................................. (II) Cadastral Registration Proceedings ........................ IV. Certicate of Title.............................................................. V. Subsequent Registration ................................................... (I) Voluntary Dealings With Registered Lands .......... (A) Conveyances and Transfers ............................. (B) Mortgages and Leases ..................................... (C) Powers of Attorney; Trusts .............................. (II) Involuntary Dealings ................................................ VI. Registration of Judgments; Orders; Partition .................
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VII. Assurance Fund ................................................................. VIII. Registration of Patents ..................................................... IX. Certicate of Land Transfer, Emancipation Patent, Afdavit of Non-Tenancy .................................................. X. Petitions and Actions After Original Registration .......... XI. Schedule of Fees; Special Fund ........................................ XII. Forms Used in Land Registration and Conveyancing..... XIII. Dealings with Unregistered Lands .................................. XIV. Registration of Chattel Mortgages ................................... XV. Consultas ........................................................................... Subdivision and Condominium Buyers Protective Decree ...................................................... Multiple Choice Questions ................................................ Answers to Multiple Choice Questions ............................ Appendix A Property Registration Decree (PD No. 1529) ..

374 381 413 437 460 461 463 467 470 474 491 509 513