Professional Documents
Culture Documents
Note: Determinative of this issue is the character of the parcels of land whether they were still public or already private when the registration proceedings were commenced. If they are already private lands, the constitutional prohibition against acquisitions by a private corporation would not apply.
What are the prescriptive periods for bringing an action to quiet title?
1. Plaintiff in possession imprescriptible 2. Plaintiff not in possession 10 years (ordinary) or 30 years (extra-ordinary) Note: Laches is defined as the failure or neglect, for unreasonable and unexplained length of time, to do that which by exercising due diligence, could or should have been done earlier. The negligence or omission to assert a right within a reasonable time, warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it.(Tijam v Sibonghanoy, L-21450, Apr. 15, 1968)
> Even with a valid mortgage over the lot, the seller is still bound to redeem said mortgage without any cost to the buyer apart from the balance of the purchase price and registration fees
> Section 25 imposes an obligation on the part of the owner or developer in the event the mortgage over the lot or unit is outstanding at the time of the issuance of the title to the buyer, to redeem the mortgage and corresponding portion thereof within 6 months from such issuance
> The 6-month period will run from the full payment of the agreed price
CONSEQUENCE OF DELAY
> Petitioner may be held liable for damages
force majeure and with the written notice to lot or unit buyers without prejudice to the exercise of their rights pursuant to Section 23 of this Decree > The request for extension of time for completion shall be accompanied by a revised and financing scheme thereof
> Hence, when the respondent relied on the brochure in its decision to purchase a unit, and the petitioner failed to deliver certain items stated therein, then there was a clear violation of its warranties and representations
> Except as otherwise provided for by law, the Housing and Land Use Regulatory Board may in appropriate cases cause the RD to cancel the registration, entries or annotations on titles made in this regard
The period within which to appeal the decision of the Board of Commissioners of the HLURB
9.
Category: Land Titles And Deeds
> The 30-day period mentioned in the Rules of Procedure of the HLURB is not applicable because special laws providing for a remedy of appeal to the Office of the President must prevail over the Housing and Land Use Regulatory Board Rules of Procedure
SUBDIVISION OR CONDOMINIUM
> A request for transfer of ownership and/or change of name may be granted only if there is a deed of absolute sale over the subdivision or condominium project sought to be transferred and/or the name thereof changed with an undertaking on the part of the transferee to assume full responsibility for the completion of the development thereof
> Such request shall be published at the applicants expense in a newspaper of general circulation within the city or municipality where the project at least one a week for two consecutive weeks
JURISDICTION OF THE NATIONAL HOUSING AUTHORITY, Housing and Land Use Regulatory Board
11.
Category: Land Titles And Deeds
> The scope of the regulatory authority of the National Housing Authority is indicated in the second and third paragraph of the preamble
o WHEREAS, subdivision owners, developers, operators, and/or sellers have reneged on their representations and obligations to provide and maintain properly subdivision roads, drainage, sewerage, water systems, lighting systems, and other similar basic requirements, thus endangering the health and safety of home and lot buyers;
o WHEREAS, reports of alarming magnitude also show cases of swindling and fraudulent manipulations perpetrated by unscrupulous subdivision and condominium sellers and operators, such as failure to deliver titles to the buyers or titles free from liens and encumbrances, and to pay real estate taxes, and fraudulent sales of the same subdivision lots to different innocent purchasers for value;
o The National Housing Authority shall have exclusive jurisdiction to hear and decide cases of the following nature:
> Claims involving refund and any other claims filed by subdivision lot or condominium unit buyer against the project owner, developer, broker or salesman, and
> Cases involving specific performance of contractual and statutory obligations filed by buyers of subdivision lot or condominium unit against the owner, developer, dealer, broker or salesman.
o The decision of the National Housing Authority shall become final and executory 15 days from the date of its receipt. It is appealable only to the President of the Philippines and in the event the appeal is filed and the decision isnt reversed and/or amended within 30 days, the decision is deemed affirmed. Proof of the appeal of the decision must be furnished the National Housing Authority.
> On the issue of affirmance-by-inaction failure on the part of the President to act upon an appeal doesnt necessarily mean that the appealed decision automatically becomes final and executory. Access to the
courts of law may still be made as mentioned above. Therefore, such decision is far from being final and executory.
FUNCTIONS OF THE National Housing Authority NOW TRANSFERRED TO THE Housing and Land Use Regulatory Board
> The regulatory functions of the NHA are now transferred to the HLURB such as jurisdiction over unsound real estate businesses and claims involving refund and any other claims filed by subdivision lot or condominium unit buyer against the project owner, developer, broker or salesman
> The functions of the Human Settlements Regulatory Commission sole regulatory body for housing and land developmentare transferred also to the HLURB
3. Cases involving specific performance of contractual and statutory obligations filed by buyers of subdivision lot or condominium unit against the owner, developer, dealer, broker or salesman.
WRIT OF EXECUTION
> As soon as the decision of the Housing and Land Use Regulatory Board becomes final, it shall, on motion of the interested party, issue a writ of execution enforceable in accordance with the provisions of the Rules of Court
> Upon the failure of the Housing and Land Use Regulatory Board to act on the motion, a petition for mandamus may be filed to compel it to perform its purely ministerial duty by enforcing its final and executory decision
SUMMARY OF CASES OR INCIDENTS WHERE Housing and Land Use Regulatory Board HAS JURISDICTION (FAJARDO V. BAUTISTA)
1. For a determination of the rights of the parties under a contract to sell a subdivision lot
2. For the delivery of title against the subdivision owner 3. For the refund of reservation fees for the purchase of subdivision lot
4. For specific performance filed by the lot buyer against the seller of a subdivision lot 5. For the annulment of the mortgage constituted by the project owner without the buyers consent, the mortgage foreclosure sale, and the condominium certificate of title issued to the highest bidder at the said foreclosure sale 6. For the collection of the balance of the unpaid purchase price of a subdivision lot filed by the developer of a subdivision against the lot buyer
> Not every purchaser of a condominium unit is a shareholder of the condominium corporation. The Condominium Act leaves it to the master deed the determination of when the shareholding will be transferred to the purchaser of a unit
> The provisions of this Act shall apply to property divided or to be divided into condominium only if there shall be recorded in the Register of Deeds of the province or city in which the property lies, and duly annotated in the corresponding certificate of title of the land, xxx an enabling or master deed which shall
contain, among others, the following: xxx A statement of the exact nature of the interest acquired or to be acquired by the purchased in the separate units and the common areas of the condominium projects. Where title to or to appurtenant interests in the common areas is to be held by a condominium corporation, a statement to this effect shall be included
> Inasmuch as ownership is conveyed only upon full payment of the purchase price, it necessarily follows that a purchaser of a unit who hasnt paid the full purchase price is not the owner of the unit and consequently is not a shareholder of the Condominium Corporation
3. If the owners duplicate of title is lost, the law requires that notice under oath be given to the RD. There should be a verified affidavit that will serve as notice to the RD that the particular owners duplicate is lost. This will prevent any transaction that may arise from the loss of the owners duplicate . This particular
petition would prosper and the corresponding duplicate issued will be valid if the owners duplicate is really lost. When the owners duplicate is still existing upon filing of petition, the court doesnt acquire jurisdiction and the proceedings are null and void. The title is null and void and thus, can be attacked collaterally.
4. Petition for reconstitution is filed when the certificate of title has been lost or destroyed. This pertains to original and transfer certificates of title as well as encumbrances and liens. Purpose is to bring back to its original form and state. No addition nor reductions. If it is found out that the certificate is not lost or destroyed, court doesnt attack jurisdiction and proceedings are null and void.
5. There are two kinds of restitutionjudicial and administrative. Judicial is when you file a petition in court. Administrative is when you file the petition with the RD. It is easier with the Register of Deeds as you have to file it with the reconstituting officer of the Register of Deeds only. 6. The court in entertaining petitions for reconstitution should be careful and cautious. Section 12 and 13 are mandatory requirements. Section 12 refers to the contents requirement as 13 refers to the publication requirements.
8. Section 2 and 3 of RA 26 will tell the different documents or evidence that you can submit for a petition for reconstitution can prosper. Sources found in the law are in a hierarchy of preference. First and foremost in this list, may it be for the original or transfer certificates of title is the owners duplicate of title.
9. The phrase Any other document will pertain to documents similar to those previously enumerated. An example is a case pertaining to an action for the recovery of possession. The court decision contained the technical description of the land and whatnot as would pertain to any other document that warrants reconstitution.
10. Administrative reconstitution is warranted in cases where the number of certificates lost is not less than 500 and the cause of the loss or destruction is by fire, flood or any other force majeure. If you pass these requirements, then administrative reconstitution is allowed. If you are not satisfied, you can go to the LRA within 15 days from the receipt of the decision. If not the LRA, file a petition for review with the proper court or specifically, the RTC. This can be done within 60 days from knowledge of decision but not later than 6 months from promulgation of decision.
11. The reconstituted title should be in the form and condition as the original lost title.
12. All these petitions and motions should be filed with the same registration case. This is specifically provided for in Section 108. You will use the same case number wherein the title was issued.
> Whether the document presented for registration is invalid, frivolous or intended to harass, is not the duty of the RD to decide but a court of competent jurisdiction
> The question of whether or not a conveyance was made to defraud creditors of the transferor should better be left for determination of the proper court
REFERENCE OF DOUBTFUL QUESTIONS TO THE LRA VIA CONSULTA APPEAL TO THE COURT OF APPEALS IS THE PROPER REMEDY AVAILABLE TO A PARTY WHO DOESNT AGREE
> The appeal shall be taken within 15 days from notice of the decision, order of resolution
> If no appeal is filed within said period, the decision, order or resolution shall become final and may be executed as provided by existing law.
> All instruments affecting lands originally registered under the Spanish Mortgage Law may be recorded under Section 113 until the land shall have been brought under the operation of the Torrens system
> This provision cannot be interpreted to include conveyances made by ministerial officers, such as sheriffs deeds
> It contemplates only instruments as may be created through agreement between parties
RECORDING SHALL BE WITHOUT PREJUDICE TO A THIRD PERSON WITH BETTER RIGHT RECORDING OF RD MINISTERIAL
> Register of Deeds doesnt exercise a judicial or quasi-judicial power in the registration of sheriffs deeds or certificates of sale
> If the Register of Deeds refuses to register the instrument, he shall advise the party in interest in writing of the grounds for his refusal, and the latter may elevate the matter to the Administrator en consulta
> The recording shall be effected by annotating on the registration book after the same shall have been entered in the primary entry book
> After recording, the Register of Deeds shall endorse on the original of the instrument the file number and the date as well as the hour and minute when the instrument is received, returning to the registrant the duplicate of the instrument with a certification that he has recorded the same
RECONSTITUTION IMPROPER WHERE IS NO TITLE TO BE RECONSTITUTED, OR WHERE THE ORIGINAL CERTIFICATE OF TITLE IN FACT EXISTS
> Sections 18 and 19 of Republic Act 26
> If the court, after hearing, finds that the documents presented, as supported by parole evidence or otherwise, are sufficient, and proper to warrant the reconstitution of the lost or destroyed certificate of title, xxx an order for reconstitution shall be issued
> The clerk of court shall forward the order to the RD and all documents which, pursuant to said order, are to be used as basis of the reconstitution
> If the court finds that there is no sufficient evidence or basis to justify the reconstitution, the petition will be dismissed without prejudice to the right of the parties entitled thereto to file an application for confirmation of title
THE REGISTER OF DEEDS IS NOT A PROPER PARTY TO FILE THE PETITION WRIT OF POSSESSION NOT PROPER IN A RECONSTITUTION PROCEEDING COURTS ARE CAUTIONED IN GRANTING PETITIONS FOR RECONSTITUTION ADMINISTRATIVE RECONSTITUTION
> Can only be availed of in case of substantial loss or destruction of land titles due to flood, fire or other force majeure as determined by the Administrator
> Provided that the titles lost or damages should at least be 10% of the total number in the possession of the office of the RD
> That in no case that the number of certificates of titles lost or damaged be less than 500
> Notice of all hearings of the petition for judicial reconstitution shall be furnished the Register of Deeds of the place where the land is situated and to the Administrator of the Land Registration Authority
> No judgment ordering the reconstitution shall be final until the lapse of 15 days from receipt by the RD and by the Administrator of the LRA of the notice of order or judgment without any appeal having been filed by any such officials
DUTY OF LAND REGISTRATION AUTHORITY TO PREPARE INVENTORY SOURCES OF RECONSTITUTION; CONTENTS OF PETITION
> Same sources as those enumerated in Republic Act 26 > Accompanied by an affidavit stating, among other things o That no deed or other instrument affecting the property had been presented for registration, or if there be any, the names thereof, the date of its presentation, as well as the names of the parties, whether the registration of said deed or instrument is still pending accomplishment o That the owners duplicate is not the subject of litigation or investigation, a dministrative or judicial, regarding the genuineness or due execution and issuance o That the owners duplicate certificate or co-owners duplicate is in due form without any apparent intentional alterations or erasures o That the certificate was in full force and effect at the time it was lost or destroyed o That the certificate was covered by a tax declaration regularly issued by the Assessors office o That real estate taxes have been fully paid up to at least 2 years prior to the filing of the petition for reconstitution
> Such image copy of the original copy of the reconstituted title shall be considered after due authentication by the LRA, through the RD in the province or city where the land is located
> After reconstitution, said owners duplicate or co-owners duplicate exhibited as basis for the reconstitution shall be surrendered to the RD and a new certificate of title issued in lieu thereof, the original of which shall be kept by the RD and the owners duplicate delivered to the registered owner.
> Function is adjudicatory in natureit can properly deliberate on the validity of the titles subject of the reconstitution
> A judicially reconstituted title has the same validity and legal effect as the original thereof, and isnt subject to the reservation that it shall be without prejudice to any party whose right or interest in the property was duly noted in the original at the time of loss or destruction but which entry or notation hasnt been made on the reconstituted title
> The limitation that reconstitution of title should be limited to the certificate as it stood at the time of its loss or destruction has reference only to changes which alter or affect title of the registered owner and not to mere liens and other encumbrances
RECONSTITUTION DENOTES RESTORATION OF THE LOST TITLE IN ITS ORIGINAL FORM AND CONDITION
> Purpose is to have it reproduced, after observing the procedure prescribed by law in the same form they where when the loss or destruction occurred > The fact that the title to the land was lost doesnt mean that the lot ceased to be a registered land before the reconstitution of its title
> As the subject land didnt cease to be titled, it cannot be acquired by acquisitive prescription
> Reconstitution is proper only when it is satisfactorily shown that the title sought to be reconstituted is lost or no longer available
> Where the petition for reconstitution wasnt to restore a lost registered certificate of title but to re -register and issue a new certificate in the names of petitioner and her deceased husband, in lieu of one originally registered in the names of other persons, the petition should be denied without prejudice to the right of the parties to take the necessary action under Section 51 and 53 of PD1529
> Republic Act 26 provides for special procedure for the reconstitution of torrens certificate of title that are missing and not fictitious titles which are existing. Where a certificate of title over a parcel of land was reconstituted judicially and later it was found that there existed a previous certificate of title covering the same land in the name of another person, the court ruled that the existence of the prior title ipso facto nullified the reconstitution proceedings
> Contents shall be as followed 1. That the owners duplicate had been lost or destroyed 2. That no co-owners, mortgagees, lessees, duplicate had been issued or, if any had been issued, the same had been lost or destroyed 3. The location, area and boundaries of the property 4. The nature and description of the buildings or improvements, if any, which dont belong to the owner of the land, and the names and addresses of the owners of such buildings or improvements 5. The names and addresses of the occupants or persons in possession of the property, of the owners of the adjoining properties and all persons who may have any interest in the property 6. A detailed description of the encumbrances if any, affecting the property 7. A statement that no deeds or other instruments affecting the property have been presented for registration, or if there be any, the registration thereof hasnt been accomplished, as yet
> The jurisdiction of the court is hedged in the forewalls of the petition and the published notice of hearing which define the subject matter of the petition.
SECTION 109 OF THE LAND REGISTRATION ACT GOVERNS REPLACEMENT OF LOST DUPLICATE CERTIFICATE
19.
Category: Land Titles And Deeds
SECTION 109 OF THE LAND REGISTRATION ACT GOVERNS REPLACEMENT OF LOST DUPLICATE CERTIFICATE
> Section 109 is the applicable law in petitions for the issuance of new owners duplicate certificate which are lost or stolen or destroyed
> RA 26 applies only in cases of reconstitution of lost or destroyed original certificates of title on file with the RD
> The requirements for the replacement of a lost duplicate certificate are:
1. The registered owner or other person in interest shall send notice of the loss or destruction of the owners duplicate certificate of title to the RD of the province or city where the land lies as soon as the loss or destruction is discovered
2. The corresponding petition for the replacement of the loss or destroyed owners duplicate certificate shall then be filed in court and entitled in the original case in which the decree of registration was entered
3. The petition shall state under oath the facts and circumstances surrounding such loss or destruction
4. The court may set the petition for hearing, after due notice to the RD and other interested parties as shown in the memorandum of encumbrances noted in the Original Certificate of Title or Transfer Certificate of Title on file in the office of the Register of Deeds
5. After due notice and hearing, the court may direct the issuance of a new duplicate certificate which shall contain a memorandum of the fact that it is issued in place of the lost or destroyed certificate and shall in all respects be entitled to the same faith and credit as the original duplicate
> If any person claims that a person registered a deed of sale can no longer do so, because the deed was executed more than 10 years before, such objection must be raised in an ordinary civil action
> Where there is no question as to the existence and validity of the deed of sale, the registration of the sale and issuance of a Transfer Certificate of Title are ministerial duties of the RD
NO ALTERATION OR AMENDMENT OF DECREE OF REGISTRATION IS PERMITTED EXCEPT UPON ORDER OF THE COURT
> Otherwise, a decree of registration cannot be permanent if, for instance, the limits of the land therein registered may be changed or the amount of land so registered altered by a subsequent adjudication of said court based upon new evidence tending to show that the evidence introduced on the former hearing was incorrect
RULE UNDER SECTION 108, IN RELATION TO SECTION 2 PD1529: COURT MAY NOW HEAR BOTH CONTENTIOUS AND NONCONTENTIOUS CASES
> Section 2 of PD1529 has eliminated the distinction between general jurisdiction vested in the RTC and the limited jurisdiction conferred upon it by the former law when acting merely as a cadastral court this is aimed at avoiding the multiplicity of suits, the change has simplified registration proceedings by conferring upon the RTC the authority to act not only on applications for original registration but also over all petitions filed after original registration of title, with power to hear and determine all questions arising upon such applications or petitions.
> The rule that the RTC, sitting as a land registration court, has limited jurisdiction and has no authority to resolve controversial issues, no longer holds
PROCEEDINGS UNDER SECTION 112 OF THE LAND REGISTRATION ACT ARE SUMMARY IN NATURE
23.
Category: Land Titles And Deeds
PROCEEDINGS UNDER SECTION 112 OF THE LAND REGISTRATION ACT ARE SUMMARY IN NATURE
> Case law stressed the summary character of the proceedings for the amendment or alterations of the certificates of title
> Proceedings under Section 112 are summary in nature and relief can only be granted if there is unanimity among the parties, or there is no adverse claim or serious objection on the part of any party in interest; otherwise, the case becomes contentious and controversial which should be threshed out in an ordinary action or in any case where the incident properly belongs (Fojas v. Grey)
> Any registered owner of land or other party in interest may, on certain grounds, apply by petition to the cadastral court for a new certificate or entry or cancellation or memorandum thereon, but such relief can only be granted if there is no adverse claim or serious objection on the part of any party in interest; otherwise, the case becomes controversial and should be threshed out in an ordinary case or in the case where the incident properly belongs (Abella v. Rodriguez)
> Although exceptions are admitted in rare cases, these are not based alone on the fact that land registration courts are likewise the same CFI but also on the following premises
o Mutual consent of the parties or their acquiescence in submitting the issues for determination by the court in the registration proceedings o Full opportunity to the parties in the presentation of their respective sides of the issues and evidence in support thereto o Consideration by the court that the evidence already of record is sufficient and adequate for rendering a decision upon those issues
2. That new interest not appearing upon the certificate have arisen or been created; or
3. That an omission or error was made in entering a certificate or any memorandum thereon, or, on any duplicate certificate; or
4. That the same or any person on the certificate has been changed; or
6. If registered as married, that the marriage has been terminated and no right or interests of heirs or creditors will thereby be affected; or
7. That a corporation which owned registered land and has been dissolved has not convened the same within three years after its dissolution; or upon any other reasonable ground;
> Provision was adopted with an intelligent purpose in viewto allow such petitions and motions to be filed and disposed of elsewhere would eventually lead to confusion and render it difficult to trace the origin of the entries in the registry
> In order that the court may order the registered owner to surrender his owners duplicate, it has to determine upon the evidence presented by the parties whether the registered owner had been lawfully divested of his title thereto
> That of course requires and involves of the determination of the question of title to the registered property
> Section 107 doesnt constitute a reopening of the decree entered as a result of proceedings in rem for the confirmation of imperfect title under said act, it cannot be deemed to contravene the purpose or aim of the Torrens system.
PETITION TO SURRENDER TITLE MAY BE FILED AS AN INCIDENT IN AN ACTION AFFECTING SAID TITLE
27.
Category: Land Titles And Deeds
PETITION TO SURRENDER TITLE MAY BE FILED AS AN INCIDENT IN AN ACTION AFFECTING SAID TITLE
> Where the court in an action for specific performance, upheld the sale to the plaintiff and ordered the defendant to comply with the terms and conditions to the sale, it was proper for the plaintiff to ask the court to compel the defendant to surrender the duplicate certificate of title to the RD for the registration of the sale, this being a necessary incident in the main case
> Section 107 doesnt preclude a party to a pending case to include as incident therein the relief stated under said section, specially if the certificate of title to be surrendered is intimately connected with the subject matter of the principal action
> Where the title is subject to a mortgage, the order of the court cannot in any way prejudice the rights of the mortgagee since any lien annotated in the certificate is incorporated or carried over to the new transfer certificate of title to whoever it is issued
> In case the person in possession of the owners duplicate certificate refuses or fails to surrender the same to the RD so that any involuntary or voluntary instrument may be registered and a certificate issued, the party in interest may file a petition in court to compel the surrender of the same to the RD
> The court after hearing may order the registered owner or any person withholding the duplicate certificate and direct the entry of a new certificate or memorandum upon such surrender
> If the person withholding the certificate is not amenable to the process of the court, or if for any reason the certificate cannot be delivered, the court may order the annulment of said certificate and the issuance of a new certificate of title in lieu thereof
> Such new certificate and all duplicates thereof shall contain a memorandum of the annulment of the outstanding duplicate
3. Voluntary land transfer/direct payment schemelandowner and the beneficiary enter into a voluntary agreement for the direct transfer of lands to the latter
5. Voluntary stock distribution in the case of corporate farms alternative arrangement for the physical distribution of lands wherein corporate owners voluntarily divest a portion of their capital stock, equity or participation in favor of their workers or other qualified beneficiaries
3. The landowner is paid just compensation or deposit cash or LBP bonds is made in his name if the value is contested
1. The agricultural lessor-owner or a member of his immediate family will personally cultivate the landholding or will convert the landholding, if suitably located, into residential, factory, hospital or school site or other useful non-agricultural purposes: Provided; That the agricultural lessee shall be entitled to disturbance compensation equivalent to five years rental on his landholding in addition to his rights under Sections twenty-five and thirty-four, x x x
3. Absence of the persons to succeed to the lessee, in the event of death or permanent incapacity of the lessee
33.
AGRICULTURAL TENANCY
AGRICULTURAL TENANCY
> The physical possession by a person of land devoted to agriculture, belonging to, or legally possessed by, another for the purpose of production through the labor of the former, and of the members of his immediate farm household, is consideration of which the former agrees to share the harvest with the latter, or to pay a price certain or ascertainable, either in produce or in money, or both
> PD27 grants each tenant of covered lands a 5 hectare lot, or in case the lot is irrigated, 3 hectares constituting the family size farm. However, said law allows a covered landowner to retain not more than 7 hectares of his land if his aggregate landholding doesnt exceed 24 hectares
> Consequently, a landowner may keep his whole co vered land if its aggregate size doesnt exceed the retention limit of 7 hectares
> An application for exemption is different from that of retention. They are distinct remedies and thus, judgment in one doesnt preclude the subsequent institution of the other
> The right to retention is a constitutionally guaranteed right which is subject to the qualifications by the legislature
> Landowners who havent exercised their retention rights under PD27 may exercise their retention rights under RA 6657
> The right to retention may be exercised over tenanted land despite the issuance of the certificate of land transfer to farmerbeneficiaries. What must be protected, however, is the right of the tenants to opt to stay on the land chosen to be retained by the landowner or be a beneficiary in another agricultural land with similar or comparable features
> Land awards made pursuant to a governments agrarian reform program are subject to the exercise of the landowner who is qualified to the right of retention
> The issuance of emancipation patents or certificates of land transfers doesnt absolutely bar the landowner from retaining the area covered thereby
4. Offering the subject landholding under VOS scheme and failure to indicate his retained area
5. Signing or submission of other documents indicating consent to have the entire property covered, such as the form letter of the LBP on the disposition of the case and bond portions of a land transfer claim for payment, and the Deed of Assignment, warranties and undertaking and undertaking executed in favor of the LBP
7. Doing such act or acts as would amount to a valid waiver in accordance with applicable laws and jurisprudence
AGRICULTURAL ACTIVITY
> Means the cultivation of the soil, planting of crops, growing of fruit trees, including the harvesting of such farm products, and other farm activities and practices performed by a farmer in conjunction with such farming operations done by persons whether natural of juridical.
JURISDICTION OF DAR
> Matters involving the administrative implementation of the transfer of the land, such as the giving out of notices of coverage to the tenant-farmer under PD27 and amendatory and related decrees, rules and regulations, shall be exclusively cognizable by the Secretary of Agrarian Reform, including the issuance, recall, or cancellation of emancipation patents or certificates of land ownership award, save when such certificates of land transfer have been registered with the RD, in which instance the recalling authority would be the DARAB
> PD27 was anchored upon the fundamental objective of addressing valid and legitimate grievances of land ownership giving rise to violent conflict and social tension in the countryside
2. Private lands actually, directly and exclusively used for prawn farms and fishponds shall be exempt from the coverage of this Act: Provided, That said prawn farms and fishponds have not been distributed and Certificate of Land Ownership Award (CLOA) issued to Agrarian Reform Program. In cases where the fishponds or prawn farms have been subjected to the Comprehensive Agrarian Reform Law, by voluntary offer to sell, or commercial farms deferment or notices of compulsory acquisition , a simple and absolute majority of the actual regular workers or tenants must consent to the exemption within one (1) year from the effectivity of this Act. When the workers or tenants do not agree to this exemption, the fishponds or prawn farms shall be distributed collectively to the worker-beneficiaries or tenants who shall from cooperative or association to manage the same.
In cases where the fishponds or prawn farms have not been subjected to the Comprehensive Agrarian Reform Law, the consent of the farm workers shall no longer be necessary; however, the provision of Section 32-A hereof on incentives shall apply.
3. Lands actually, directly and exclusively used and found to be necessary for national defense, school sites and campuses, including experimental farm stations operated by public or private schools for educational purposes, seeds and seedlings research and pilot production center, church sites and convents appurtenant thereto, mosque sites and Islamic centers appurtenant thereto, communal burial grounds and cemeteries, penal colonies and penal farms actually worked by the inmates, government and private research and quarantine centers and all lands with eighteen percent (18%) slope and over, except those already developed, shall be exempt from the coverage of this Act. (As amended by R.A 7881)
PD 27 LAID DOWN A SYSTEM FOR THE PURCHASE BY SMALL FARMERS OF THE LANDS THEY WERE TILLING
37.
Category: Land Titles And Deeds
Presidential Decree 27 LAID DOWN A SYSTEM FOR THE PURCHASE BY SMALL FARMERS OF THE LANDS THEY WERE TILLING
> Presidential Decree 27 was anchored upon the fundamental objective of addressing valid and legitimate grievances of land ownership giving rise to violent conflict and social tension in the countryside > Recognized the necessity to encourage a more productive agricultural base to the countrys economy
> The certificate of land transfer under Presidential Decree 27 provides that the tenant farmer is deemed to be the owner of the agricultural land subject to the conditions that the cost of the portion transferred to him, including the interest, shall be paid in 15 equal annual amortizations, and that he must be a member of a barrio association upon organization of such association in his legality
> To this end, the State shall encourage and undertake the just distribution of all agricultural lands, subject to the priorities and retention limits set forth in the law, taking into account ecological, developmental, and equity considerations and subject to the payment of just compensation
> The State shall respect the right of small landowners, and shall provide for voluntary land-sharing
> Whether as a result of the void sale the land reverted to the State is a point between the State and the grantee of the homestead and his heirs. In any event, the plaintiffs right to the possession and use of the property can hardly be disputed while the government doesnt take steps to assert its title to the homestead.
> Reversion isnt automatic. As long as the government has not chosen to act, the rights of the patentee stand and must be recognized in the courts of law.
> To give the homesteader or patentee every chance to preserve for himself and his family the land that the state had gratuitously given to him as a reward for his labor in cleaning and cultivating it
> The five-year period starts from the date of execution of the deed of sale, and not from the date of registration in the office of the Register of Deeds. This is true even if the full payment of the purchase price is not made on the date of conveyance unless there is stipulation to the contrary.
A HOMESTEAD IS EXEMPT FROM CARP COVERAGE RULE WHEN HOMESTEAD IS SUBJECT OF MORTGAGE
> The five-year period begins from the date when the deed of absolute sale is executed and the property is formally transferred to the purchaser
PROHIBITION AGAINST ALIENATION OF LANDS ACQUIRED UNDER THE HOMESTEAD AND FREE PATENT PROVISIONS
42.
Category: Land Titles And Deeds
PROHIBITION AGAINST ALIENATION OF LANDS ACQUIRED UNDER THE HOMESTEAD AND FREE PATENT PROVISIONS
> Section 116. Except in favor of the Government or any of its branches, units or institutions, or legally constituted banking corporations, lands acquired under the free patent or homestead provisions shall not be subject to encumbrance or alienation from the date of the approval of the application and for a term of five years from and after the date of issuance of the patent or grant, nor shall they become liable to the satisfaction of any debt contracted prior to the expiration of said period; but the improvements or crops on the land may be mortgaged or pledged to qualified persons, associations, or corporations. (As amended by section 23 of Act No. 3517).
> Section 119. Except with the consent of the grantee and the approval of the Secretary of Agriculture and Natural Resources, and solely for commercial, industrial, educational, religious or charitable purposes or for a right of way, no corporation, association, or partnership, may acquire or have any right, title,
interest, or property right whatsoever to any land granted under the free patent, homestead or individual sale provisions of this Act or to any permanent improvement on such land. (As amended by section 24 of Act. No. 3517).
> Section 120. No land originally acquired in any manner under the provisions of this Act, nor any permanent improvement on such land, shall be encumbered, alienated, or transferred, except to persons, corporations, associations, or partnerships who may acquire lands of the public domain under this Act; to corporations organized in the Philippine Islands authorized therefor by their charters, and upon express authorization by the Philippine Legislature, to citizens of countries the laws of which grant to citizens of the Philippine Islands the same right to acquire, hold, lease, encumber, dispose of, or alienate land, or permanent improvements thereon, or any interest therein, as to their own citizens, only in the manner and to the extent specified in such laws, and while the same are in force, but not thereafter.
> Section 122. Any acquisition, conveyance, alienation, transfer, or other contract made or executed in violation of any of the provisions of sections one hundred and sixteen, one hundred and eighteen, one hundred nineteen, one hundred and twenty, and one hundred and twenty-one of this act shall be unlawful and null and void from its execution and shall produce the effect of annulling and canceling the grant, title, patent, or permit originally issued, recognized, or confirmed, actually or presumptively, and cause the reversion of the property and its improvements to the Government.
> Section 122(A). The provisions of sections twenty three, twenty four, thirty four, fifty seven, one hundred and twenty, and one hundred and twenty-one of this Act, and any other provisions or provisions restricting or tending to restrict the right of persons, corporations, or associations to acquire, hold, lease, encumber, dispose of, or alienate land in the Philippines, or permanent improvements thereon, or any interest therein, shall not be applied in cases in which the right to acquire, hold or dispose of such land, permanent improvements thereon or interests therein in the Philippine Islands is recognized by existing treaties in favor of citizens or subjects of foreign nations and corporations or associations organized and constituted by the same, which right in so far as it exists under such treatise, shall continue and subsist in the manner and to the extent stipulated in said treaties, and only while these are in force, but not thereafter.
PROHIBITION STARTS FROM DATE OF APPROVAL UP TO 5TH YEAR FROM ISSUANCE OF PATENT
> To conserve the land which a grantee has acquired under the Public Land Act for him and his heirs
> To give the patentee a place where to live with his family so he may become a happy citizen and useful member of the society
> The grant of power and duty to alienate and dispose of the land doesnt divest the courts of their duty or power to take cognizance of actions instituted by settlers or occupants or applicants against others to protect their respective possessions and occupations, more especially the actions of trespass, forcible entry and unlawful detainer
> Section 101 of Public Land Act provides for a remedy whereby lands of the public domain fraudulently awarded to the applicant may be recovered or reverted back to its original owner, the government
> Office of Solicitor General shall represent the government in all land registration and related proceedings and institute actions for the reversion to the government of lands of the public domain and improvements thereon as well as lands held in violation of the Constitution
> It is improper for the government to file an action for reversion of land titled to defendant pursuant to a free patent where the alleged fraud consists in the fact that said land, at the time of issuance of the free patent was no longer a part of the public domain, having been adjudicated as private property of another person in a previous registration case
> An action for reversion on the ground that defendant obtained patent through fraud would also fail where the land had successively been sold by the heirs of the patentee to third parties who are holding Torrens titles and enjoying the presumption of good faith
> Private parties cannot challenge the validity of the patent and title when they are not registered owners thereof nor had they been declared the owners as owners in the cadastral proceedings whether the grant was in conformity with the law or not is a question which the government may raise, but until it is raised by the government and set aside, the defendant cannot question it. The legality of the grant is a question between the grantee and the government.
> It is not only the right but also the duty of the Director of Lands to conduct the investigation of any alleged fraud in securing the free patent and the corresponding title to a public land and to file the corresponding court action for the reversion of the same to the State, if the facts disclosed in the course of such investigation should so warrant
> The indefeasibility of title over land previously public is not a bar to an investigation by the Director of Lands as to how such title has been acquired, if the purpose of such investigation is to determine whether or not fraud had been committed in securing such title in order that that the appropriate action for reversion may be filed by the government
> It becomes incontrovertible upon the expiration of 1 year from the date of the order for issuance of the patent, hence, prescription cannot operate against the registered owner
48.
FRIAR LANDS
FRIAR LANDS
> Were purchased by the government for sale to actual occupants under the provisions of Act 1120 or the Friar Lands Act
> These lands are not public lands but private and patrimonial lands of the government
> The Land Management Bureau shall first issue a certificate stating therein that the government has agreed to sell the land to such settler or occupant
> The latter shall then accept the certificate and agree to pay the purchase price so fixed, in installments and at the rate of interest specified in the certificate
> The conveyance or certificate of sale executed in favor of a buyer is a conveyance of ownership of the property, subject only to the resolutory condition that the sale may be cancelled if the price agreed upon is not paid in full
49.
SPECIAL PATENTS
SPECIAL PATENTS
> Patent to grant, cede, and convey full ownership of alienable and disposable lands formerly covered by a reservation of lands of the public domain and is issued upon the promulgation of a special law or act of Congress or by the DENR Secretary as authorized by the President
> A certified copy of this proclamation shall be forwarded to the Register of Deeds of the province or city where the land lies
> Upon receipt of such copy, the Director of Lands shall order the immediate survey of the proposed reservation if the land has not been yet surveyed, and as soon as the plat has been completed, he shall proce3ed in accordance with the next following section
> The tract/s reserved shall be non-alienablen and shall not be subject to any occupation, entry, sale, lease, or other disposition until again declared as alienable and disposable
51.
FREE PATENT
FREE PATENT
> Any natural born citizen of the Philippines who is the owner of more than 12 hectares and who, for at least 30 years prior to the effectivity of this amendatory Act, has continuously occupied and cultivated,
either by himself or through his predecessors-in interest a tract or tracts of agricultural public lands subject to disposition, who shall have paid the real estate tax thereon while the same hasnt been occupied by any person shall be entitled, under the provisions of this Chapter, to have a free patent issued to him for such tract or tracts of such land not to exceed 12 hectares
> PD 1073apply only to A and D lands of the public domain which have been in open, continuous, exclusive, and notorious possession and occupation by the applicant himself or thru his predecessors-ininterest, under a bona fide claim of ownership
> The Secretary of DENR may order the sale to be made without public auction, at a price fixed by him
> The area shall be determined by the Director of Lands according to the nature of the land, the number of prospective applicants, and the purposes for which it will be utilized
o Be a Filipino citizen of legal age o Must not be the owner of a home lot in the municipality or city in which he resides o Have established in good faith his residence on a parcel of public land which is not needed for public service o Have constructed his house and actually resided therein
> If the applicant complies with the above, he is given preference to purchase at a private sale not more than 1000 sq.m. of land at a price to be fixed by the Director of Lands
> Republic Act 730 merely provides an exception to Sections 61 and 67 of CA 141
> The last two may be sold with the condition that the purchaser shall make improvements of a permanent character appropriate for the purpose for which the land is purchased within 18 months from the date of the award
> The lease or sale shall be made through oral bidding, and adjudication shall be made to the highest bidder
> However, where an applicant has made improvements on the land by virtue of a permit issued to him by a competent authority, the sale or lease shall be made by sealed bidding as prescribed by Section 26 of the Public Land Act
> Section 60 expressly requires congressional authority before lands under Section 59 which the government had previously transferred to government units or entities could be sold to private parties
> The area shall be determined by the Director of Lands according to the nature of the land, the number of prospective applicants, and the purposes for which it will be utilized
o Be a Filipino citizen of legal age o Must not be the owner of a home lot in the municipality or city in which he resides o Have established in good faith his residence on a parcel of public land which is not needed for public service o Have constructed his house and actually resided therein
> If the applicant complies with the above, he is given preference to purchase at a private sale not more than 1000 sq.m. of land at a price to be fixed by the Director of Lands
> Republic Act 730 merely provides an exception to Sections 61 and 67 of CA 141
> The last two may be sold with the condition that the purchaser shall make improvements of a permanent character appropriate for the purpose for which the land is purchased within 18 months from the date of the award
> The lease or sale shall be made through oral bidding, and adjudication shall be made to the highest bidder
> However, where an applicant has made improvements on the land by virtue of a permit issued to him by a competent authority, the sale or lease shall be made by sealed bidding as prescribed by Section 26 of the Public Land Act
> Section 60 expressly requires congressional authority before lands under Section 59 which the government had previously transferred to government units or entities could be sold to private parties
HOMESTEAD PATENT
> Chapter 4 of the Public Land Act governs the disposition of alienable public lands through homestead > Any citizen of the Philippines over the age of 18 years, or the head of a family, may enter a homestead of not exceeding 12 hectares of agricultural land of the public domain > The applicant must have cultivated and improved at least 1/5 of the land continuously since the approval of the application and resided for at least 1 year in the municipality in which the land is located, or in a municipality in which the land is located, or in a municipality adjacent to the same, and then, upon payment of the required fee, he shall be entitled to a patent
MODES OF DISPOSITION
1. For homestead settlement 2. By sale 3. By lease 4. By confirmation of imperfect or incomplete title a. By judicial legalization b. By administrative legalization or free patent
ONLY ALIENABLE AND DISPOSABLE LANDS MAY BE THE SUBJECT OF DISPOSITION DIFFERENCE BETWEEN PD 1529 AND PUBLIC LAND ACT
62.
64.
REGISTRATION OF PATENTS
65.
Category: Land Titles And Deeds
REGISTRATION OF PATENTS
Section 103. Certificates of title pursuant to patents. Whenever public land is by the Government alienated, granted or conveyed to any person, the same shall be brought forthwith under the operation of this Decree. It shall be the DUTY OF THE OFFICIAL ISSUING THE INSTRUMENT OF ALIENATION, GRANT, PATENT OR CONVEYANCE IN BEHALF OF THE GOVERNMENT TO CAUSE SUCH INSTRUMENT TO BE FILED WITH THE REGISTER OF DEEDS OF THE PROVINCE OR CITY WHERE THE LAND LIES, and to be there registered like other deeds and conveyance, whereupon a certificate of title shall be entered as in other cases of registered land, and an owner's duplicate issued to the grantee. The deed, grant, patent or instrument of conveyance from the Government to the grantee shall not take effect as a conveyance or bind the land but shall operate only as a contract between the Government and the grantee and as evidence of authority to the Register of Deeds to make registration. It is the act of registration that shall be the operative act to affect and convey the land, and in all cases under this Decree, registration shall be made in the office of the Register of Deeds of the province or city where the land lies. The fees for registration shall be paid by the grantee. After due registration and issuance of the certificate of title, such land shall be deemed to be registered land to all intents and purposes under this Decree.
REGALIAN DOCTRINEALL LANDS AND OTHER NATURAL RESOURCES ARE OWNED BY THE STATE
REGISTRATION OF PATENTS
66.
Category: Land Titles And Deeds
REGISTRATION OF PATENTS
Section 103. Certificates of title pursuant to patents. Whenever public land is by the Government alienated, granted or conveyed to any person, the same shall be brought forthwith under the operation of this Decree. It shall be the DUTY OF THE OFFICIAL ISSUING THE INSTRUMENT OF ALIENATION, GRANT, PATENT OR CONVEYANCE IN BEHALF OF THE GOVERNMENT TO CAUSE SUCH INSTRUMENT TO BE FILED WITH THE REGISTER OF DEEDS OF THE PROVINCE OR CITY WHERE THE LAND LIES, and to be there registered like other deeds and conveyance, whereupon a certificate of title shall be entered as in other cases of registered land, and an owner's duplicate issued to the grantee. The deed, grant, patent or instrument of conveyance from the Government to the grantee shall not take effect as a conveyance or bind the land but shall operate only as a contract between the Government and the grantee and as evidence of authority to the Register of Deeds to make registration. It is the act of registration that shall be the operative act to affect and convey the land, and in all cases under this Decree, registration shall be made in the office of the Register of Deeds of the province or city where the land lies. The fees for registration shall be paid by the grantee. After due registration and issuance of the certificate of title, such land shall be deemed to be registered land to all intents and purposes under this Decree.
> They become private property which can no longer be the subject of subsequent disposition by the Director of Lands > Where disposable public land is granted by the government by virtue of a public land patent, the patent is recorded and the corresponding certificate of title is issued to the grantee, thereafter, the land is automatically brought within the operation of PD1529, entitled to all the safeguards of a veritable Torrens title. Upon the expiration of 1 year from its issuance, the certificate of title shall become irrevocable and indefeasible like a certificate issued in a registration proceeding > A certificate of title issued pursuant to a patent has the force and effect of a torrens title issued through judicial registration proceedings > But a land registration court which has validly acquired jurisdiction over a parcel of land for registration of title cannot be divested of said jurisdiction by a subsequent administrative act consisting in the issuance by the Director of Lands of a homestead patent covering the same parcel of land
PRESCRIPTIVE PERIOD
> The plaintiff has a period of 6 years from the time the right of action accrues within which to bring an action against the Assurance Fund
Section 102. Limitation of Action. Any action for compensation against the Assurance Fund by reason of any loss, damage or deprivation of land or any interest therein shall be instituted within a period of six years from the time the right to bring such action first occurred: Provided, That the right of action herein provided shall survive to the legal representative of the person sustaining loss or damage, unless barred in his lifetime; and Provided, further, That 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 him 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.
LOSS OR DAMAGE ARISING FROM BREACH OF TRUST OR EXPANSION OF AREA NOT RECOVERABLE
68.
Category: Land Titles And Deeds
LOSS OR DAMAGE ARISING FROM BREACH OF TRUST OR EXPANSION OF AREA NOT RECOVERABLE
Section 101. Losses not recoverable. The Assurance Fund shall not be liable for any loss, damage or deprivation caused or occasioned by a breach of trust, whether express, implied or constructive or by any mistake in the resurveyed or subdivision of registered land resulting in the expansion of area in the certificate of title.
69.
> The plaintiff must clearly allege the basis of the action and specify the details which led to his loss, damage or deprivation, as well as the market value of the property subject of the action > It shall be the duty of the Solicitor General to represent the government > The court shall consider the report of the LRA administrator on the matter
ASSURANCE FUND
Section 93. Contribution to Assurance Fund. Upon the entry of a certificate of title in the name of the registered owner, and also upon the original registration on the certificate of title of a building or other improvements on the land covered by said certificate, as well as upon the entry of a certificate pursuant to any subsequent transfer of registered land, there shall be paid to the Register of Deeds one-fourth of one per cent of the assessed value of the real estate on the basis
of the last assessment for taxation purposes, as contribution to the Assurance Fund. Where the land involved has not yet been assessed for taxation, its value for purposes of this decree shall be determined by the sworn declaration of two disinterested persons to the effect that the value fixed by them is to their knowledge, a fair valuation. Nothing in this section shall in any way preclude the court from increasing the valuation of the property should it appear during the hearing that the value stated is too small. Section 94. Custody and investment of fund. All money received by the Register of Deeds under the preceding section shall be paid to the National Treasurer. He shall keep this money in an Assurance Fund which may be invested in the manner and form authorized by law, and shall report annually to the Commissioner of the Budget the condition and income thereof. The income of the Assurance Fund shall be added to the principal until said fund amounts to five hundred thousand pesos, in which event the excess income from investments as well as from the collections of such fund shall be paid into the National Treasury to the account of the Assurance Fund. Section 95. Action for compensation from funds. A person who, without negligence on his part, sustains 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, through fraud or in consequence of any error, omission, mistake or misdescription in any certificate of title or in any entry or memorandum in the registration book, and who by the provisions of this Decree is barred or otherwise precluded under the provision of any law from bringing an action for the recovery of such land or the estate or interest therein, may bring an action in any court of competent jurisdiction for the recovery of damages to be paid out of the Assurance Fund.
> There must also be a showing of loss or damage or deprivation of any land or interest thereon by the operation of PD1529 > Where plaintiff is solely responsible for the plight in which it finds itself, the Director of Lands and the National Treasurer are exempt from any liability
RECORDED MORTGAGE IS PROTECTED EVEN IF TITLE IS SUBSEQUENTLY NULLIFIED SALES, MORTGAGES, AND OTHER ENCUMBRANCES OF PROPERTY OF DECEDENT
72.
Category: Land Titles And Deeds
the land pursuant to the power in like manner as if he were registered owner, subject to the terms and conditions and limitations expressed in the will. Section 91. Transfer in anticipation of final distribution. Whenever the court having jurisdiction of the testate or intestate proceedings directs the executor or administrator to take over and transfer to the devisees or heirs, or any of them, in anticipation of final distribution a portion or the whole of the registered land to which they might be entitled on final distribution, upon the filing of a certified copy of such order in the office of the Register of Deeds, the executor or administratory may cause such transfer to be made upon the register in like manner as in case of a sale, and upon the presentation of the owner's duplicate certificate to the Register of Deeds, the devisees or heirs concerned shall be entitled to the issuance of the corresponding certificates of title. Section 92. Registration of final distribution of estate. A certified copy of the partition and distribution, together with the final judgment or order of the court approving the same or otherwise making final distribution, supported by evidence of payment of estate taw or exemption therefrom, as the case may be, shall be filed with the Register of Deeds, and upon the presentation of the owner's duplicate certificate of title, new certificates of title shall be issued to the parties severally entitled thereto in accordance with the approved partition and distribution.
certificate of title, and thereupon the Register of Deeds shall enter upon the certificate a memorandum thereof, making reference to the letters and/or will by their file number, and the date of filing the same. Section 88. Dealings by administering subject to court approval. After a memorandum of the will, if any, and order allowing the same, and letters testamentary or letters of administration have been entered upon the certificate of title as hereinabove provided, the executor or administrator may alienate or encumber registered land belonging to the estate, or any interest therein, upon approval of the court obtained as provided by the Rules of Court.
RD shall enter upon the certificate a memorandum thereof, making reference to the letters and/or will by their file number, and the date of filing the same
an amount equivalent to the value of the personal property involved as certified to under oath by the parties concerned and conditioned upon the payment of any just claim that may be filed Section 86. Extrajudicial settlement of estate. When a deed of extrajudicial settlement has been duly registered, the Register of Deeds shall annotate on the proper title the two-year lien mentioned in Section 4 of Rule 74 of the Rules of Court. Upon the expiration of the two-year period and presentation of a verified petition by the registered heirs, devisees or legatees or any other party in interest that no claim or claims of any creditor, heir or other person exist, the Register of Deeds shall cancel the two-year lien noted on the title without the necessity of a court order. The verified petition shall be entered in the Primary Entry Book and a memorandum thereof made on the title. No deed of extrajudicial settlement or affidavit of adjudication shall be registered unless the fact of extrajudicial settlement or adjudication is published once a week for three consecutive weeks in a newspaper of general circulation in the province and proof thereof is filed with the Register of Deeds. The proof may consist of the certification of the publisher, printer, his foreman or principal clerk, or of the editor, business or advertising manager of the newspaper concerned, or a copy of each week's issue of the newspaper wherein the publication appeared.
> Thus, by filing the action, the condemnor in effect merely serves notice that it is taking title and possession of the property, and the defendant asserts title or interest in the property, not to prove a right of possession, but to prove a right to compensation for the taking
RECORDING OF JUDGMENT
> The judgment entered in expropriation proceedings shall state definitely, by an adequate description, the particular property or interest therein expropriated, and the nature of the public use or purpose for which it is expropriated > When real estate is expropriated, a certified copy of such judgment shall be recorded in the RD of the place in which the property is situated, and its effect shall be to vest in the plaintiff the title to the real estate as described for such public use or purpose Section 85. Land taken by eminent domain. Whenever any registered land, or interest therein, is expropriated or taken by eminent domain, the National Government, province, city, municipality, or any other agency or instrumentality exercising such right shall file for registration in the proper Registry a certified copy of the judgment which shall state definitely, by an adequate description, the particular property or interest expropriated, the number of the certificate of title, and the nature of the public use. A memorandum of the right or interest taken shall be made on each certificate of title by the Register of Deeds, and where the fee simple title is taken, a new certificate shall be issued in favor of the National Government, province, city, municipality, or any other agency or
instrumentality exercising such right for the land so taken. The legal expenses incident to the memorandum of registration or issuances incident to the memorandum of registration or issuance of a new certificate shall be for the account of the authority taking the land or interest therein.
Section 84. Judgment or order vacating insolvency proceedings. Whenever any of the proceedings of the character named in the preceding section against a registered owner, of which notice has been registered, is vacated by judgment, a certified copy of the judgment or order may be registered. Where a new certificate has been entered in the name of the assignee or trustee, such certificate shall be surrendered for cancellation and forthwith the debtor shall be entitled to the entry of a new certificate to him.
78.
PARTITION, GENERALLY
PARTITION, GENERALLY
> Partition is the separation, division, and assignment of a thing held in common among those to whom it may belong > Every act which is intended to put an end to an indivision among co-heirs and legatees or devisees is deemed to be a partition, although it should purport to be a sale, exchange, a compromise or any other transaction > The titles of acquisition or ownership of each property shall be delivered to the co-heir to whom said property has been adjudicated > When the title comprises of two or more pieces of land which has been assigned to two or more coheirs, or when it covers one piece of land which has been divided between two or more coheirs, the title shall be delivered to the one having the largest interest, and authentic copies of the title shall be furnished to the other co-heirs at the expense of the estate. If the interest of each co-heir should be the same, the oldest shall have the title. > In an action for partition, there should be simultaneous presentment of two issues o There is the issue of whether the plaintiff is indeed a co-owner of the property sought to be partitioned o Assuming that the plaintiff successfully hurdles the first issue, there is the secondary issue of how the property is to be divided between the plaintiff and the defendants.
JUDICIAL PARTITION
> An action for partition for real property is a judicial controversy between persons who being co-owners seek to secure division or partition among them of the common property, giving to each one the part corresponding to him > A person having the right to compel the partition of real estate may do so by setting forth in his complaint the nature and extent of his title and an adequate description of the real estate of which partition is demanded and joining as defendants all other persons interested in the property > If the court after trial finds that the plaintiff has a right thereto, it shall order the partition of the real estate among all the parties in interest.
> Thereupon, the parties may, if they are able to agree, make the partition among themselves by proper instruments of conveyance, and the court shall confirm the partition so agreed by all of the parties, and such partition, together with the orde3r of the court confirming the same, shall be recorded in the RD of the place in which the property is situated > If actual partition is made, the judgment shall state definitely by metes and bounds and adequate description, the particular portion of the real assigned to each party, and the effect of the judgment shall be to vest in each party and the severalty the portion of the real estate assigned to him
EXTRAJUDICIAL PARTITION
> The parties may without having letters of authorization, divide the estate among themselves as they see fit by means of a public instrument filed in the office of the RD and should they disagree, they may do so in an ordinary action for partition > If there be only one heir, he may adjudicate to himself the entire estate by means of an affidavit filed with the office of the Register of Deeds > Filing of a bond is a condition precedent to the filing of the public instrument
ORAL PARTITION
> This practice has been found to be not only convenient and inexpensive, but even advisable, and is accepted by people and we find no good reason for disturbing said good practice > Now, when valuable properties especially those covered by certificates of title, perhaps strict compliance with the law may be advisable even necessary
STAGES IN PARTITION
> Determination of whether or not a co-ownership in fact exists and a partition is proper, that is, it is not otherwise legally proscribed and may be made by voluntary agreement of all the parties interested in the property > Second stage is when the parties are unable to agree upon the partition ordered by the court. In that event, the partition shall be effected for the parties by the court with the assistance of not more than 3 commissioners. The second stage may also deal with the rendition of the accounting itself and its approval by the Court after the parties have been accorded the opportunity to be heard thereon, and the award for the recovery by the parties entitled of their just shares in the rents and profits of the real estate in question. Such an order is to be sure also final and appealable.
PROOF OF PARTITION
> Partition may be inferred from circumstances sufficiently strong to support the presumption > Recitals in deeds, possession and occupation of the land, improvements made thereon for a long series of years, and acquiescence of 60 years, furnish sufficient evidence that there was an actual partition of land either by deed or by proceedings in the probate court, which has been lost and not recorded. > And where a tract of land has long been known and called by the name of one of the tenants in common, and there is no evidence of any subsequent claim of tenancy in common, it may be fairly inferred that there has been a partition and that such lot was set-off to him whose name it bears
> Execution thereof becomes a matter of right on the part of the plaintiffs and is a mandatory and ministerial duty on the part of the court > Once a judgment becomes final and executory, the prevailing party can have it executed as a matter of right, and the judgment debtor need not be given advance notice of the application for execution nor be afforded prior hearings thereon > Failure to serve a copy for the motion for execution is not a fatal defect. In fact, there is no necessity for such service.
PURPOSE OF REGISTRATION
> Notify and protect the interests of strangers to a given transaction, who may be ignorant thereof, but the nonregistration of the deed evidencing such transaction doesnt relieve the parties thereto of their obligations thereunder. > As originally conceived, registration is merely a species of notice. The act of registering a document is never necessary in order to give it legal effect as between the parties. > Requirements for the recording of an instruments are designed to prevent frauds and to permit and require the public to act with the presumption that recorded instruments exist and are genuine Section 81. Judgment of partition. In proceedings for partition of registered land, after the entry of the final judgment of partition, a copy of such final judgment, certified by the clerk of the court rendering the same, shall be filed and registered; thereupon, if the land is set of to the owners in severalty, each owner shall be entitled to have his certificate entered showing the share set off to him in severalty, and to receive an owner's duplicate thereof. If the land is ordered by the court to be sold, the purchaser or his assigns shall be entitled to certificate of title entered in his or their favor upon presenting a certified copy of the judgment confirming the sale. In case the land is ordered by the court to be assigned to one of the parties upon payment to the others of the sum ordered by the court, the party to whom the land is thus assigned shall be entitled to have a certificate of title entered in his favor upon presenting a certified copy of the judgment: Provided, however, that any new certificate entered in pursuance of partition proceedings, whether by way of set-off or of assignment or of sale, shall contain a reference memorandum to the final judgment of partition, and shall be conclusive as to the title to the same extent and against the same persons as such judgment is made conclusive by the laws applicable thereto: and provided, further, that any person holding such certificate of title or a transfer thereof shall have the right to petition the court at any time to cancel the memorandum relating to such judgment or order and the court, after notice and hearing, may grant the petition. Such certificate shall thereafter be conclusive in the same manner and to the same extent as other certificates of title.
Section 80. Execution of deed by virtue of judgment. Every court rendering judgment in favor of the plaintiff affecting registered land shall, upon petition of said plaintiff, order and parties before it to execute for registration any deed or instrument necessary to give effect to the judgment, and shall require the registered owner to deliver his duplicate certificate to the plaintiff or to the Register of Deeds to be canceled or to have a memorandum annotated upon it. In case the person required to execute any deed or other instrument necessary to give effect to the judgment is absent from the Philippines, or is a minor, or insane, or for any reason not amenable to the process of the court rendering the judgment, said court may appoint a suitable person as trustee to execute such instrument which, when executed, shall be entitled to registration.
> The court, in all cases where it renders judgment affecting registered property or any interest therein, shall direct parties to execute the requisite deed or instrument as may be necessary to give effect to the judgment of registration, and when required by the terms of the judgment, direct the registered owner to surrender his owners duplicate certificate for cancellation or entry of the appropriate memorandum thereon.
preceding section, the notice of lis pendens shall be deemed canceled upon the registration of a certificate of the clerk of court in which the action or proceeding was pending stating the manner of disposal thereof.
> Doctrine that refers to the jurisdiction, power or control which a court acquires over a property involved in a suit, pending the continuance of the action, until final judgment
> It is not correct to speak of it as part of the doctrine of notice, the purchaser pendent elite is affected not by notice but because the law doesnt allo w litigating parties to give to others, pending the litigation, rights to the property in dispute so as to prejudice the other party
Section 75. Application for new certificate upon expiration of redemption period. Upon the expiration of the time, if any, allowed by law for redemption after registered land has been sold on execution taken or sold for the enforcement of a lien of any description, except a mortgage lien, the purchaser at such sale or anyone claiming under him may petition the court for the entry of a new certificate of title to him. Before the entry of a new certificate of title, the registered owner may pursue all legal and equitable remedies to impeach or annul such proceedings.
> The following incidents on registered land in the nature of involuntary dealings shall be registered to be effective o Continuance, dissolution or discharge of attachments o Orders and decisions of the court o Deed of sale, officers return, order of execution, and other instruments
PURPOSE OF REGISTRATION
> Purpose is to notify third persons who may be affected in their dealings with respect to such property > The RD may properly deny the inscription of an order of attachment or levy of execution where the title to the property is not in the name of the judgment debtor but of another person, and no evidence has been submitted that he has any interest in the property Section 72. Dissolution, etc. of attachments, etc. Attachments and liens of every description upon registered land shall be continued, reduced, discharged and dissolved by any method sufficient in law, and to give effect to the continuance, reduction, discharge or dissolution thereof the certificate or other instrument for that purpose shall be registered with the Register of Deeds. Section 73. Registration of orders of court, etc. If an attachment is continued, reduced, dissolved, or otherwise affected by an order, decision or judgment of the court where the action or proceedings in which said attachment was made is pending or by an order of a court having jurisdiction thereof, a certificate of the entry of such order, decision or judgment from the clerk of court or the judge by which such decision, order or judgment has been rendered and under the seal of the court, shall be entitled to be registered upon presentation to the Register of Deeds.
COURT MAY COMPEL SURRENDER OF CERTIFICATE OF TITLE AS AN INCIDENT IN THE MAIN CASE
> RD is authorized to require the registered owner to produce the owners duplicate certificate in order that an attachment or other lien in the nature of involuntary dealing, may be annotated thereon > If the owner refuses or neglects to comply within reasonable time, he shall report such fact to the proper RTC which shall, after notice, direct the owner to produce his certificate at a time and place specified in its order
> The settled doctrine is that the effects of a foreclosure sale retroact to the date of registration of the mortgage. > Hence, if the adverse claim is registered only after the annotation of the mortgage at the back of the certificate of title, the adverse claim could not effect the rights of the mortgagee; and the fact that the foreclosure of the mortgage and the consequent public auction sale have been effected long after the annotation of the adverse claim is of no moment, because the foreclosure sale retroacts to the date of registration of the mortgage.
shall grant a speedy hearing upon the question of the validity of such adverse claim, and shall render judgment as may be just and equitable. If the adverse claim is adjudged to be invalid, the registration thereof shall be ordered canceled. If, in any case, the court, after notice and hearing, shall find that the adverse claim thus registered was frivolous, it may fine the claimant in an amount not less than one thousand pesos nor more than five thousand pesos, in its discretion. Before the lapse of thirty days, the claimant may withdraw his adverse claim by filing with the Register of Deeds a sworn petition to that effect
> A lease over a parcel of land for a 10-year period, which could not be registered because the owners duplicate of title wasnt surrendered, could be registered as an adverse claim and the owner couldnt be compelled to surrender the owners duplicate of the title to that adverse claim could be annotated thereon > If the adverse claim turns out to be invalid, the owner could ask for its cancellation and, if found to be frivolous or vexatious, then costs may be adjudged against the adverse claimant. > The claim of a person that she has hereditary rights in the land fraudulently registered in his sisters name, because the land belonged to their mother whose estate is pending settlement in a special proceeding, is registrable as an adverse claim\ > Where a guardianship proceeding is pending in court, it is proper to annotate on the title of the land in question the pendency of such a proceeding by means of a notice of lis pendens for the purpose of alerting anyone who might wish to buy the land that his purchase may be questioned later on. Since an adverse claim and a notice of lis pendens have the same purpose, there would be no need of maintaining the adverse claim. But a notice of levy cannot prevail over an existing adverse claim inscribed in the certificate of title > The annotation of an adverse claim is a measure designed to protect the interest of a person over a piece of real property where the registration of such interest or right isnt otherwise provided fo r by PD1529, and serves as a notice and warning to third persons dealing with said property that someone is claiming an interest on the same or a better right than the registered owner thereof > FOR THE SPECIAL REMEDY OF ADVERSE CLAIM TO BE AVAILED OF, IT MUST BE SHOWN THAT THERE IS NO OTHER PROVISION IN THE LAW FOR REGISTRATION OF THE CLAIMANTS ALLEGED RIGHT IN THE PROPERTY. > An adverse claim of ownership over a parcel of land registered under the Torrens system based on prescription and adverse possession cannot be registered as an adverse claim no title to registered land in derogation of the title of the registered owner shall be acquired by prescription or adverse possession. Hence, the registration of such adverse claim will serve no useful purpose and cannot validly and legally affect the parcel of land in question.
c. The description of the land in which the riht or interest is claimed d. The number of the certificate of title 2. The statement must be signed and sworn to before a notary public or other officer authorized to administer oath 3. The claimant should state his residence or the place to which all notices may be served upon him
ADVERSE CLAIM NOT IPSO JURE CANCELLED AFTER 30 DAYS; HEARING NECESSARY.
> Sajonas v. CA > Register of Deeds cannot unilaterally cancel the adverse claim. There must be a court hearing for the purpose. The reason for this is to afford the adverse claimant an opportunity to be heard, providing a venue where the propriety of his claimed interest can be established or revoked, all for the purpose of determining at least the existence of any encumbrance on the title arising from such adverse claim.
PURCHASER NOT BOUND BY ANY LIEN NOT ENTERED IN THE CERTIFICATE OF TITLE FORECLOSURE SALE
4. Registration should be done in the correct registry. If it is a titled property, there is a separate book for titled property. If it is a dealing with unregistered property, there is a different book for unregistered land. If you register in a different book, there is no registration that is valid as against third persons. 5. The constructive notice mentioned in PD1959 is conclusive. 6. There is a distinction with regard voluntary and involuntary dealings with the effectivity of registration. With involuntary dealings, once there is entry in the day book and paid the needed fees and taxes, the RD issues the new title and cancels the old one. Once there is compliance, the transaction is considered registered. With voluntary dealings, entry in the day book is insufficient. 7. Mere entry in the day book/primary book is sufficient. It is often times that owners dont want to surrender their owners duplicate. 8. Carry-over of encumbrances. Suppose that you purchase property and there was prior mortgages and notice of lis pendens. These encumbrances will be carried over to the new certificate issued to the buyer. 9. Can you sell only a portion of your property? You can have it annotated. But if the buyer would like a separate title, then he should submit a subdivision plan, there should be a technical description. The old title would be cancelled and a new title issued covering the portion sold. 10. Basically the procedure of registration for voluntary dealings can be categorized into two if it is an absolute sale or mortgage. If it is a sale, the deed of sale and title should be submitted. There should also be proof of payment of real estate taxes as well as registration fees and documentary stamp taxes. With that, the Registry of Deeds shall make the corresponding entry that will cancel the old certificate of title and issue a new one in favor of the buyer. If it is merely an encumbrance however, the document shall only be presented to the RD, payment of the corresponding amount and the corresponding annotation done by the RD is notice to third persons. 11. If it is judicial foreclosure, you register the order of the court confirming the sale. If it is extrajudicial foreclosure, you register the order of the sheriff. 12. For implied trusts, read the case of Aznar Brothers. It has two kindsresulting trust and constructive trust. If it is an implied resulting trust, prescriptive period is 10 years from time of repudiation. 13. It is dependent on the facts and circumstances of the case on whether who would have a better right, the owner or the mortgagee. But generally, when it is through a forged deed, then the owner would have a better right over the property. The forged deed is a nullity. On the other hand, when there is chain of title, the innocent purchaser in value would have a better right. 14. Doctrine of mortgagee in good faith. If the property is mortgaged to an innocent mortgagee, it is possible that he would have a better right over the property than the real owner.
15. Even if the title is null and void, there is still validity of the mortgage. The mortgagee has a right to rely on the title, provided there is nothing that would arise suspicion on the part of the mortgagee.
LEVISTE V. NOBLEJAS
89 SCRA 520
> A notice of lis pendens and an adverse claim entered earlier than the adverse claim of private respondent need not be carried over to a new title to be issued to said respondent WHERE THE PRIOR INSCRIPTIONS DONT REFER TO THE SAME LOT > Where an adverse claim was annotated without a showing that the alleged grantor refused to surrended its duplicate certificate of title for the annotation of said instrument the said inscription is not valid
PENNULAR V. PNB
120 SCRA 171
> Where Torrens title were issued as a result of regular land registration proceedings and were later given as security to a bank loan, the subsequent declaration of said torrens title as null and void, doesnt authorized the cancellation of the mortgages in favor of the bank
GONZALES V. IAC
157 SCRA 187
> Persons dealing with a registered land has a 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 would impel a reasonably cautious man to make such inquiry. > Any subsequent lien or encumbrance annotated at the back of certificate of title cannot prejudice the mortgage previously registered > An innocent mortgagee with a superior lien has a reserved right to a foreclosure of property
93.
GARCIA V. CA
95 SCRA 380
> A Transfer Certificate of Title cannot be nullified by the issuance 43 years later of another Transfer Certificate of Title over the same lot to another person due to failure of the Register of Deeds to cancel the Original Certificate of Title preceding the title previously issued > The earlier Transfer Certificate of Title prevails > In case of involuntary registration, entry in the day book is sufficient notice > In voluntary registration, the buyer becomes the registered owner the moment the deed is entered in the day book and he surrenders the owners duplicate certificate of title and pays the fees
LLANTO V. ALZONA
450 SCRA 288
> One of the essential requisites of the contract of mortgage is that the mortgagor should be the absolute owner of the property. An exception to this rule is the doctrine of a mortgagee in good faith. > A mortgagee has the right to rely on good faith on the certificate of title of the mortgagor to the property given as security and in the absence of any sign that might arouse suspicion, has no obligation to undertake further investigation > For a mortgagee to be in good faith, jurisprudence requires that they should take necessary precaution expected of a prudent man to ascertain the status and condition of the properties offered as collateral and to verify the identity of the persons they transact business with
SOLIVEL V. FRANSISCO
170 SCRA 218
> The innocent purchaser for value protected by the law is one who purchases a titled land by virtue of a deed executed by the registered owner thereof, and not by virtue of a forged deed
96.
PNB V. CA
187 SCRA 735
> A mortgagee had the right to rely on what appeared on the certificate of title, and in the absence of anything to excite suspicion, it was under no obligation to look beyond the certificate and investigate the title of the mortgagor appearing on the face of the certificate > The right or lien of an innocent mortgagee for value upon the land mortgaged must be respected and protected, even if the mortgagor obtained his title through fraud. The remedy of the persons prejudiced is
an action for damages against the persons who caused the fraud, and if the latter be insolvent, an action against the Treasurer of the Philippines may be filed for recovery for damages from the Assurance fund.
ADRIANO V. PANGILINAN
373 SCRA 544
> While it is true that a person dealing with registered land need not go beyond the certificate of title, it is likewise a well-settled rule that a purchaser or mortgagee cannot close his eyes to facts which should put a reasonable man on his guard
> Act of registration of a transaction creates a constructive notice to the whole world > In all subsequent transfers or sales, the RD is duty bound to carry over the notice of lis pendens on all titles to be issued, otherwise if he cancels any notice of lis pendens in violation of his duty, he may be held civilly and criminally liable to third persons > A notice of lis pendens means that a certain property is involved in the litigation and serves as a notice to the whole world that one buys the same does it at his own risk > Where the registration of the deed of sale over the property was definitely subsequent to the annotation, petitioners predecessor-in-interest was bound by the outcome of the litigation against her vendors or transferors
99.
TRUST, DEFINED
TRUST, DEFINED
> A trust is a fiduciary relationship with respect to property which involves the existence of equitable duties imposed upon the holder of the title to the property to deal with it for the benefit of another > A person who establishes a trust is called the trustor while the one whose confidence is reposed is the trustee, and the person for whose benefits the trust has been created is referred to as the beneficiary > It is the right to the beneficial enjoyment of property, the legal title to which is vested in another
NO TRUST CAN RESULT IN FAVOR OF A PARTY WHO IS GUILTY OF FRAUD OR VIOLATES PUBLIC POLICY
> There can be no implied trust where the purchase is made in violation of an existing statute and in evasion of its express provision, since no trust can result in favor of the party who is guilty of the fraud
> A similar instrument shall be made upon the original instrument creating or declaring the trust or other equitable interest with a reference by number to the certificate of title to which it relates and to the volume and page in the registration book in which it is registered > No instrument which transfers, mortgages, or in any way deals with registered land in trust shall be registered, unless the enabling power thereto is expressly conferred in the trust instrument or unless a final judgment or order of court of competent jurisdiction has construed the instrument in favor of the power, in which case a certified copy of such judgment or order may be registered
IF A NEW TRUSTEE OF REGISTERED LAND IS APPOINTED BY THE COURT, A NEW CERTIFICATE MAY BE ISSUED TO HIM UPON PRESENTATION TO THE RD OF A CERTIFIED COPY OF THE ORDER OR JUDICIAL AGREEMENT AND THE SURRENDER FOR CANCELLATION OF THE DUPLICATE CERTIFICATE
REGISTRATION OF POWER OF ATTORNEY WITH THE REGISTRY OF DEEDS NEEDED. COROLLARILY, AS WELL AS ANY REVOCATION THEREOF.
101.
WHAT IS FORECLOSURE?
WHAT IS FORECLOSURE?
> Process by which a mortgagee acquires an absolute title to the property of which he had previously been the conditional owner, or upon which he had previously a mere lien or encumbrance
ESSENCE OF MORTGAGE
> A property has been identified or set apart from the mass of property of the debtor-mortgagor as security for the payment of money or the fulfillment of obligation to answer the amount of indebtedness, in case of default of payment Section 61. Registration. Upon presentation for registration of the deed of mortgage or lease together with the owner's duplicate, the Register of Deeds shall enter upon the original of the certificate of title and also upon the owner's duplicate certificate a memorandum thereof, the date and time of filing and the file number assigned to the deed, and shall sign the said memorandum. He shall also note on the deed the date and time of filing and a reference to the volume and page of the registration book in which it is registered.
MORTGAGE DISCHARGED ONLY UPON FULL PAYMENT OF INDEBTEDNESS RULE ON REDEMPTION LIBERALLY CONSTRUED
DEEDS ENTERED IN THE DAY BOOK CONSIDERED REGISTERED FROM THE MOMENT THEY ARE SO NOTED
> In an execution sale, the purchaser acquires only such right or interest as the judgment debtor had on the property at the time of the sale > It follows that if at the time the judgment debtor had no more right to or interest in the property because he had already sold it to another, then the purchaser acquires nothing > Thus, where the judgment debtor had already deeded the property and delivered the certificate to the RD for registration and paid the corresponding fees, the act of registration operated to convey the property to the buyer > An innocent purchaser for value of registered land becomes the registered owner and in the contemplation of law the holder of a certificate thereof the moment he presents and files a duly notarized deed of sale and the same is entered on the day book and at the same time, he surrenders or presents the owners duplicate certificate of title to the property sold and pays the full amount of registration fees, because what remains to be done lies not within his power to perform.
> This is in relation to the question of may the purchaser of land which has been included in a second original certificate even be regarded as an innocent purchaser as against the rights or interest of the owner of the first certificate, his heirs, assigns, or vendee?
MEMORANDUM OF ENCUMBRANCES
108.
Category: Land Titles And Deeds
MEMORANDUM OF ENCUMBRANCES
> Dorsal side of the certificate of title > All interests in the registered land less than ownership which shall serve as a notice to third persons of the instrument affecting the property > A similar entry shall be made on the owners duplicate certificate of title
> General rule is that in case of 2 certificates of title purporting to include the same land, the earlier in date prevails, whether the land comprised in the latter certificate be wholly or only in part, comprised in the earlier certificate > Where 2 certificates of title purport to include the same land, the earlier in date prevails. In successive registrations, where more than 1 certificate is issued in respect of a particular estate or interest in land, the person claiming under the prior certificate is entitled to the estate or interest; and the person is deemed to hold under the prior certificate who is the holder of, or whose claim is derived directly or indirectly from the person who was the holder of the earliest certificate issued in respect thereof. > The vendee of the earlier certificate would be the owner as against the vendee of the owner of the latter certificate
A FORGED DEED MAY BE THE BASIS OF A GOOD LAND TITLE IN THE HANDS OF A BONA FIDE PURCHASER
113.
Category: Land Titles And Deeds
A FORGED DEED MAY BE THE BASIS OF A GOOD LAND TITLE IN THE HANDS OF A BONA FIDE PURCHASER
> A forged deed may be the root of a valid title in the hands of a bona fide purchaser or mortgagee
> Torrens system permits a forged transfer, when duly entered in the registry, to become the root of a valid title in a bona fide purchaser > The law erects a safeguard against a forged transfer being registered by the requirement that no transfer shall be registered unless the owners certificate is produced along with the instrument of transfer > Public policy, expediency, and the need for a statute of repose as to the possession of land, demand such a rule. > The right or lien of an innocent mortgagee for value upon the land mortgaged must be respected and protected, even if the mortgagor obtained his title through fraud
> When the land which is the subject of sale thus registered in the name of the purchaser, registration takes effect retroactively as of the date when the deed, conveyance was noted in the entry book of the Register of Deeds > The issuance of a TCT without the presentment of the owners duplicate is unwarranted and confers no right on the purchaser ALTHOUGH AN ORIGINAL OWNER OF REGISTERED LAND MAY SEEK THE ANNULMENT OF A TRANSFER THEREOF ON THE GROUND OF FRAUD, SUCH A REMEDY IS WITHOUT PREJUDICE TO THE RIGHTS OF AN INNOCENT HOLDER FOR VALUE OF A CERTIFICATE OF TITLE.
> To affect the land sold, presentation of the deed of sale and its entry in the day book must be done with the surrender of the owners duplicate of the certificate of title
> Where a voluntary instrument cannot be registered by reason of refusal or failure of the holder to
surrender the owners duplicate certificate of title, the party in interest may file a petition in court to compel surrender of the same to the Register of Deeds
> However, non-production of the owners duplicate of the certificate of title may not invalidate a vendees claim of ownership where the subsequent vendees of the same lot cannot be considered in the law to be unaware of the prior sale, on account of their relationship with the 1st vendee, since the validity of a title to a piece of property depends on the buyers knowledge of a prior sale.
persons even if the owners duplicate certificate of title isnt presented to the RD
contemplation of law the holder of a certificate of title, the moment he presents and files a duly notarized and valid deed of sale and the same is entered in the day book and at the same time he surrenders or presents the owners duplicate certificate of title covering the land sold and pays the registration fees, because what needs to be done lies not within his power to perform
A PURCHASER WHO HAS KNOWLEDGE OF DEFECT OF HIS VENDORS TITLE CANNOT CLAIM GOOD FAITH
117.
Category: Land Titles And Deeds
A PURCHASER WHO HAS KNOWLEDGE OF DEFECT OF HIS VENDORS TITLE CANNOT CLAIM GOOD FAITH
> A purchaser cannot close his eyes to facts which should put a reasonable man upon his guard, and then claim that he acted in good faith under the belief that there was no defect in the title of the vendor > His mere refusal to believe that such defect exists or his willful closing of his eyes to the possibility of the existence of a defect in the vendors title, will not make him an innocent purchaser for value, if it afterwards develops that the title was in fact defective, and it appears that he had no such notice of the defect as would have led to its discovery had he acted with that measure of precaution which may reasonably be required of a prudent man in a like situation
PURCHASER IS NOT REQUIRED TO EXPLORE FURTHER THAN WHAT TITLE INDICATES FOR HIDDEN DEFECTS
118.
Category: Land Titles And Deeds
PURCHASER IS NOT REQUIRED TO EXPLORE FURTHER THAN WHAT TITLE INDICATES FOR HIDDEN DEFECTS
> When there is nothing in the certificate of title to indicate any cloud or vice in the ownership of the property, or any encumbrance thereon, the purchaser is not required to explore farther than what the Torrens title upon its face indicates in quest for any hidden defect or inchoate right that may subsequently defeat his right thereto > Remember though that a Torrens title doesnt create or vest title. It only confirms and records title already existing and vested
> Since it is the act of registration which transfers ownership of the land sold, it has been held that a subsequent claimant cannot claim a better right over the land which had been previously registered in the name of another. > A notice of lis pendens serves as a warniong to a prospective purchaser or encumbrancer that the particular property is in litigation and that he should keep his hands off the same, unless he intends to gamble on the results of the litigation
registered land shall take effect as a conveyance or bind the land, but shall operate only as a contract between the parties and as evidence of authority to the Register of Deeds to make registration. The act of registration shall be the operative act to convey or affect the land insofar as third persons are concerned, and in all cases under this Decree, the registration shall be made in the office of the Register of Deeds for the province or city where the land lies.
IMPORTANCE OF REGISTRATION
> For a transaction as important as the sale of registered property of land, it may be necessary to keep a record thereof
purely ministerial, his refusal to do so is tantamount to an unlawful neglect in the performance of a duty resulting from an office, trust or station, and is a proper instance where mandamus will lie
CERTIFICATE OF TITLE
1. The OCT shall be the true copy of the decree of registration 2. Transcript of the decree 3. Accumulates in one decree a precise and correct statement of the exact status of the fee simle title which an owner possesses 4. Evidence of the title which the owner has 5. What appears on the face of the title is controlling on questions of ownership sicne the certificate of title is an absolute and indeafisible evidence of ownership of the property in favor of the person whose name appears theein
DECREE BINDS THE LAND AND IS CONCLUSIVE AGAINST THE WHOLE WORLD
> As soon as the decree of title has been registered in the office of the RD, the property included therein becomes registered land > Certificate of title shall take effect upon the transcription of the decree
REGISTRATION DOESN'T GIVE ANY PERSON A BETTER TITLE THAN WHAT HE REALLY HAS PROBATIVE VALUE OF A CERTIFICATE OF TITLE
> Serves as an indeafisible title to the property in favor of the person whose name appears therein and is conclusive as to the identity of the land and its location > The title becomes indeafisible and incontrovertible one year from its final decree > The notations or memoranda at the back of the certificate arent admissible as proof of the contracts or documents to which they pertain > Validity and correctness of the title is presumed
WHERE TWO OR MORE CERTIFICATES COVER THE SAME LAND, THE EARLIER IN
THE ISSUANCE OF MORTGAGEES DUPLICATE CERTIFICATE IS DISCONTINUED CO OWNER MAY ONLY DISPOSE OF HIS ALIQUOT SHARE IN THE PROPERTY HELD IN COMMON REGISTERED OWNER ENTITLED TO POSSESSION OF THE OWNERS DUPLICATE
> Registered owner has preferential right to the possession of the owners duplicate as against one whose name doesn't appear in the certificate but who may have right or claim to the possession of the land
DECREE AND TITLE BECOME INCONTROVERTIBLE AFTER ONE YEAR UPON ITS ISSUANCE. THERE ARE EXCEPTIONS THOUGH
1. Laches 2. If there is fraud and misrepresentation on the title over public land 3. Buyer in bad faith 4. When the title over the land which you acquire is already privately owned
CERTIFICATE OF TITLE FREE FROM LIENS EXCEPT THOSE NOTED THEREIN AND THE ENCUMBERANCES ENUMERATED IN THE LAW
1. Liens, claims, or rights existing or arising under the laws or the constitution which arent by law required 2. Unpaid real estate taxes levied or assessed within 2 years immediately preceding the acquisition of any right over the land 3. Any public highway or private way established or recognized by the law, or any government irrigation canal or lateral thereof 4. Any disposition of the property or limitation to the use thereof by virtue of PD 27 or any other law or regulation or agrarian reform Tenancy Emancipation Decree and Comprehensive Agrarian Reform Law) 5. Rights incident to the relation of husband and wife and landlord and tenant 6. Liability to attachment and execution 7. Liability to any lien of any description established by law and the buildings thereon or an interest of the owner of such lands or buidings 8. Rights incident to the laws of descent or partition between coowners 9. Taking of the property through eminent domain 10. Right to relieve the land from liability to be recovered by an assignee in insolvency or trustee in bankruptcy under the laws relative to preferences 11. Rights or liabilities created by law and applicable to unregistered land
REMEMBER THE GENERAL RULE THAT THE PURCHASER NEED NOT GO BEYOND THE REGISTRY TO DETERMINE CONDITIONS OF PROPERTY SUPERIOR LIEN IN FAVOR OF GOVERNMENT COMPLEMENTARY TO THE DISTRAINT OF PERSONAL PROPERTY AND INTEREST AND RIGHTS THEREIN AND JUDICIAL ACTION UNPAID REAL ESTATE TAXES
> Refers to unpaid taxes levied and assessed within 2 years immediately preceding the acquisition of any right over the land by an innocent purchaser for value > Automatically registered
PUBLIC PATENT
> Land not subject to any encumberance or alienation from the date of approval and for the term of 5 years from and after the date of issuance of the patent or grant
NOTHING IN THE DECREE SHALL BE CONSTRUED AS RELIEVING THE REGISTERED LAND OR THE OWNERS THEREOF FROM ANY RIGHTS INCIDENT TO THE RELATION OF THE HUSBAND AND WIFE, LANDLORD AND TENANT, OR FROM LIABILITY FROM ATTACHMENT, LEVY OR EXECUTION, OR ANY LIEN ESTABLISHED BY LAW ON THE LAND AND THE BUILDINGS THEREON REGISTERED LAND MAY NOT BE ACQUIRED THROUGH ACQUISITIVE PRESCRIPTION REGISTERED OWNER MAY BE BARRED FROM RECOVERING POSSESSION THROUGH LACHES: ELEMENTS OF LACHES
1. Conduct on the part of defendant 2. Delay in asserting the complainants rights after having knowledge or notice and having been afforded opportunity to initiate a suit 3. Lack of knowledge or notice on the part of defendant 4. Inquiry or prejudice to the defendant
CERTIFICATE OF TITLE NOT SUBJECT TO ANY COLLATERAL ATTACK A DIRECT ATTACK ON THE TITLE MAY BE MADE IN A
REGISTRATION PROCEEDINGS
Category: Land Titles And Deeds
IN THE ABSENCE OF ANY SUCCESSFUL CLAIMANTS, THE LAND SHALL BE DECLARED PUBLIC LAND
CADASTRAL ANSWER MAY NOT BE THROWN OUT BY MERE MOTION OF ADVERSE CLAIMANTS
AMENDMENT OF THE PLAN TO INCLUDE ADDITIONAL TERRITORY IS NULL AND VOID UNLESS THERE IS NEW PUBLICATIONsimilar to voluntary registration proceedings
NEW TITLES MAY BE ISSUED FOR PRIVATE LANDS WITHIN THE CADASTRAL SURVEY A DECISION DECLARING LAND TO BE PUBLIC LAND NOT A BAR TO ANY SUBSEQUENT ACTION FOR CONFIRMATION OF TITLE ISSSUANCE OF WRIT OF POSSESSION IMPRESCRIPTIBLE
pertain. The letter with which a subdivision is designated shall be known as its "cadastral letter": Provided, however, that the subdivisions of cities or townsites may be designated by blocks and lot numbers.
125.
QUIETING OF TITLE
QUIETING OF TITLE
QUIETING OF TITLE IS PROPER WHEN
> There is a cloud on the titlean outstanding claim or encumberance which if valid would affect or impair the title of the owner of a particular estate, on its face has that effect but can be shown by extrinsic proof to be invalid or inapplicable to the estate in question
SECTION 95
> Public policy admits of affording remedies to those unjustly deprived of their rights over real property by reason of the operation of our registration laws 1. Action for reconveyance 2. Action for damages 3. Recovery from the assurance fund
RELEVANT ALLEGATIONS
1. That the plaintiff is the owner of the land 2. That the defendant has illegally disposed him of the same
> Binding only upon the parties properly impleaded and duly heard or given an opportunity to be heard > Directed against specific persons and seek personal judgments > Court must have jurisdiction over the defendant
THE RTC HAS EXCLUSIVE JURISDICTION OVER AN ACTION FOR RECONVEYANCE THE OWNERS OF THE PROPERTY OVER WHICH RECONVEYANCE IS BEING SOUGHT ARE INDISPENSIBLE PARTIES WITHOUT WHOM NO RELIEF IS AVAILABLE ACTION FOR RECONVEYANCE MAY BE BARRED BY THE STATUTE OF LIMITATIONS LACHES MAY BAR RECOVERY
1. Conduct on the part of the defendant or of one under whom him or one under who he claims, giving rise to the situation of which complaint is made and for which the complainant seeks relief 2. Delay in asserting the complainants rights, the complainant having had knowledge or notice, or the defendants conduct and having been afforded an opportunity to institute a suit 3. Lack of knowledge or notice on the part of the defendant that the complainant would assert the right on which he bases his suit
4. Inquiry or prejudice to the defendant in the event the relief is afforded the complainant or the suit is not held to be barred
1. The petitioner must have an estate or interest over the land 2. He must show actual fraud in the procurement of the decree 3. Petition must be filed within 1 year from the issuance of the decree 4. Property hasn't yet passed to an innocent purchaser for value
PETITION MUST BE FILED WITHIN 1 YEAR FROM DATE OF ENTRY OF THE DECREEthis decree pertains to the decree prepared and issued by the LRA IN CASE OF PUBLIC LANDS, HOW SHOULD THE PERIOD BE COMPUTED?
> Date of issuance of the patent corresponds to the date of the decree in ordinary registration cases > Decree finally awards the land applied for registration to the party entitled to it and the patent issued by the Director of Lands equally and finally grants, awards, and conveys the lands applied for to the applicant
certificate of title > Good faith requires a well-founded belief that the person from whom the title was received was himself the owner of the land, with the right to convey it
ALL PERSONS DELAYING WITH PROPERTY COVERED BY A TORRENS TITLE ARE NOT REQUIRED TO GO BEYOND WHAT APPEARS ON THE FACE OF THE TITLE
> A person dealing with registered land is only charged of the notice of the burdens on the property which are noted on the face of the register or certificate of title AS A RULE, HE WHO ASSERTS THE STATUS OF A PURCHASER IN GOOD FAITH AND FOR VALUE HAS THE BURDEN OF PROVING SUCH ASSERTIONcannot be discharged by the mere invocation of the legal presumption of good faith.
INNOCENT PURCHASER FOR VALUE INCLUDES AN INNOCENT LESSEE, MORTGAGEE, ENCUMBERANCER FOR VALUE A PERSON DEALING WITH REGISTERED LAND HAS A RIGHT TO RELY UPON THE FACE OF THE CERTIFICATE OF TITLE AND TO DISPENSE WITH THE NEED OF INQUIRING FURTHER, EXCEPT when the party concerned has actual knowledge of the facts and circumstances that would impel a reasonably cautious man to make an inquiry
RULES OF PREFERENCE
1. The first registrant in good faith 2. The first in possession in good faith 3. The buyer who presents the olders title in good faith
128.
APPEAL
APPEAL
NO APPEAL MAY BE TAKEN FROM THE FOLLOWING
1. Order denying a motion for new trial or reconsideration 2. Order denying a petition for relief or any similar motion seeking relief from judgment 3. Interlocutory order 4. Order disallowing or dismissing an appeal 5. Order denying a motion to set aside a judgment by consider, confession, or compromise on the ground of F/M/D or any ground vitiating consent 6. Order of execution 7. Judgment or final order for or against parties in separate claims, counter-claims, crossclaims, and 3rd party complaintsmain case is pending 8. Order dismissing an action without prejudice
MODES OF APPEAL
1. Ordinary appeal 2. Petition for review 3. Petition for certiorari
PERFECTION OF APPEAL
> Filing of the notice of appeal in due time > Record of appealapproved of the record in due time
COURTS MAY REOPEN PROCEEDINGS ALREADY CLOSED BY FINAL DECISION OR DECREE when application for review is filed by the party aggrieved within 1 year from the issuance of the decree. WITH REGARD TO ISSUANCE OF FREE PATENT, the date of issuance of patent is equivalent to the date of issuance of the decree of registration.
1. Shall be in writingstating the grounds thereof 2. Motion for new trial: proved in the same manner provided for proof of motions 3. Section 1 (a) of Rule 37: Affidavits of Merit 4. 1(b): affidavits of the witnesses whom such evidence is expected to be given or by duly authenticated documents which proposed to be introduced as evidence 5. A proforma MR or motion for new trial shall not toll the reglementary period 6. No motion for extension of time
AFFIDAVITS OF MERIT
> Motion for new trial
1. Affidavits setting forth the facts and circumstances alleged to constitute such fraud, accident, mistake, excusable negligence 2. Affidavits setting forth the particular facts claimed to constitute the movants meritorious cause of action or defense > These are not necessary if the granting of the motion for new trial is not discretionary with the court but is demandable as of a right, as where the movant has been deprived of his day in court through no fault or negligence on his part because no notice of hearing was furnished him in advance
BELIEF THAT THERE IS NO NEED TO APPEAR DURING THE TRIAL BECAUSE THERE WAS ALREADY A COMPROMISE AGREEMENT IS A GROUND FOR NEW TRIAL
> General Rule: judgment based on a compromise agreement is not subject to appeal and also immediately executory
> Exception to the rule: where a party moves to set it aside on the ground of either fraud, mistake or deceit EXCUSABLE NEGLECT means a failure to take the proper steps at the proper time in consequence of some unexpected or unavoidable hindrance or accident, or reliance on the case and vigilance of counsel or on promises made by the adverse party.
A PETITION FOR RELIEF OF JUDGMENT OR FROM DENIAL OF APPEAL MUST CONFORM TO THE FOLLOWING
1. It must be verified 2. Filed within 60 days after the petitioner learns of the judgment or order 3. And not more than 6 months after such judgment or final order was entered or such proceeding was taken (remember that the date of entry is the date of finality)
A PETITION FOR RELIEF AND A MOTION FOR NEW TRIAL OR RECONSIDERATION ARE EXCLUSIVE OF EACH OTHER
REMEDIES
Section 32. Review of decree of registration; Innocent purchaser for value. The decree of registration shall not be reopened or revised by reason of absence, minority, or other disability of any person adversely affected thereby, nor by any proceeding in any court for reversing judgments, subject, however, to the right of any person, including the government and the branches thereof, deprived of land or of any estate or interest therein by such adjudication or confirmation of title obtained by actual fraud, to file in the proper Court of First Instance a petition for reopening and review of the decree of registration not later than one year from and after the date of the entry of such decree of registration, but in no case shall such petition be entertained by the court where an innocent purchaser for value has acquired the land or an interest therein, whose rights may be prejudiced. Whenever the phrase "innocent purchaser for value" or an equivalent phrase occurs in this Decree, it shall be deemed to include an innocent lessee, mortgagee, or other encumbrancer for value. Upon the expiration of said period of one year, the decree of registration and the certificate of title issued shall become incontrovertible. Any person aggrieved by such decree of registration in any case may pursue his remedy by action for damages against the applicant or any other persons responsible for the fraud. Section 33. Appeal from judgment, etc. The judgment and orders of the court hearing the land registration case are appealable to the Court of Appeals or to the Supreme Court in the same manner as in ordinary actions: Section 34. Rules of procedure. The Rules of Court shall, insofar as not inconsistent with the provision of this Decree, be applicable to land registration and cadastral cases by analogy or in a suppletory character and whenever practicable and convenient.
5. Claim under Assurance Fund, Section 95 6. Reversion under Section 101 of CA 141 7. Cancellation of title 8. Annulment of judgment under Rule 37 9. Quieting of Title 10. Action for reconveyance 11. Criminal prosecution under the Revised Penal Code
131.
WRIT OF POSSESSION
WRIT OF POSSESSION
> Employed to enforce a judgment to recover possession of the land > A judgment confirming the title of the applicant and ordering its registration in his name necessarily carried with it the delivery of the possession which is an inherent element of the right of ownership > Sanctioned by laws in this jurisdiction and by generally accepted principle upon which the administration of justice rests > May be issued not only against the person who has been defeated in the registration case but also against anyone unlawfully and adversely occupying the land or any portion thereof during the land registration proceedings up to the issuance of final decree > Will not issue against persons taking possession after issuance of final decree > Writ doesn't issue in reconstitution cases Section 31. Decree of registration. Every decree of registration issued by the Commissioner shall bear the date, hour and minute of its entry, and shall be signed by him. It shall state whether the owner is married or unmarried, and if married, the name of the husband or wife: Provided, however, that if the land adjudicated by the court is conjugal property, the decree shall be issued in the name of both spouses. If the owner is under disability, it shall state the nature of disability, and if a minor, his age. It shall contain a description of the land as finally determined by the court, and shall set forth the estate of the owner, and also, in such manner as to show their relative priorities, all particular estates, mortgages, easements, liens, attachments,
and other encumbrances, including rights of tenant-farmers, if any, to which the land or owner's estate is subject, as well as any other matters properly to be determined in pursuance of this Decree. The decree of registration shall bind the land and quiet title thereto, subject only to such exceptions or liens as may be provided by law. It shall be conclusive upon and against all persons, including the National Government and all branches thereof, whether mentioned by name in the application or notice, the same being included in the general description "To all whom it may concern".
DECREE OF REGISTRATION BINDS THE LAND AND QUIETS TITLE THERETO AND IS CONCLUSIVE UPON AND AGAISNT ALL PERSONS
FINALITY OF JUDGMENT
> Judgment becomes final after 15 days to be counted from the date the party concerned has received notice thereof > Upon finality, it devolves upon the land registration court to issue an order for the issuance of the decree and the LRA, pursuant to said order, to issue the corresponding decree of registration to the person entitled thereto or his successor-in-interest
COURT RETAINS JURISDICTION UNTIL AFTER FINAL ENTRY OF DECREE JUDGMENT ONCE FINAL CANNOT BE AMENDED TO MODIFY DECREE ONLY JUDGMENTS AND PROCESSES RECEIVED BY THE SOLICITOR GENERAL BIND THE GOVERNMENT
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 the issuance of the owners duplicate original certificate of title to the applicant by the Register of Deeds, upon payment of the prescribed fees
136.
TRIAL BY REFEREE
> Shall submit report 15 days after the termination of hearing > May be held at any convenient place as may be fixed by him and after reasonable notice thereof have been served the parties concerned
REGISTRATION PROCEEDINGS SHOULD BE DISPOSED WITHIN 90 DAYS FROM DATE THE CASE IS SUBMITTED FOR DECISION
1. Order of general defaultif no person appears and answers within the time allowed; by description in the notice to whom it may concern, all the world are made parties defendant and shall be concluded by the default order 2. Order of special defaultwhen an appearance has been entered and answer filed, default order shall be entered upon against persons who didn't appear and answer
FAILURE TO APPEAR ON THE DAY OF INITIAL HEARING IS NOT A GROUND FOR DEFAULT WHERE OPPOSITION OR ANSWER HAS BEEN FILED
> The provision which allows the court at once upon the motion of the applicant, no reason to the contrary appearing, to order a general default to be recorded, cannot be interpreted to mean that the court can just disregard the answer before it
WHAT IF THERE IS LACK OF PERSONAL NOTICE, DOES THIS VITIATE THE PROCEEDINGS IN LAND REGISTRATION?
> The lack of personal notice doesn't vitiate the proceedings
> It was held in a case that in actions in rem, personal notice to owners of a res is not necessary to give the courts jurisdiction to deal with and to dispose of the res > The state, as sovereign over the land situated within it, may provide for the adjudication of title in a proceeding in rem or in the nature of a proceeding in rem, which shall be binding upon all persons, known or unknown
THE PUBLICATION IN A NEWSPAPER IS NECESSARY TO ACCORD WITH DUE PROCESS REQUIREMENT THE PUBLICATION IN THE OFFICIAL GAZETTE DOESN'T DISPENSE WITH THE REQUIREMENT OF NOTICE BY MAILING AND POSTING
A SINGLE APPLICATION FOR LAND REGISTRATION MAY BE FILED FOR TWO OR MORE PARCELS
150.
Category: Land Titles And Deeds
APPLICATION FOR LAND REGISTRATION TO BE FILED WITH THE REGIONAL TRIAL COURT
151.
Category: Land Titles And Deeds
APPLICATION FOR LAND REGISTRATION TO BE FILED WITH THE REGIONAL TRIAL COURT
> The RTC shall have exclusive jurisdiction over all applications for original registration of title to lands, including improvements and interests therein, and over all petitioners filed after original registration of title, with power to hear and determine all questions arising upon such applications or petitions
> The MTC or MCTC may be assigned to handle original registration cases in the following instances as provided by RA7691: o Where the lot is not the subject of any controversy or opposition o Where the lot is contested but the value thereof doesnt exceed P100,000
COURT HAVING TERRITORIAL JURISDICTION OVER THE LAND SHOULD TAKE COGNIZANCE OF THE CASE
> Lopez v. De Castro: in all cases where the authority to proceed is conferred by statue and the manner of obtaining jurisdiction is mandatory, the same shall be strictly complied with, or the proceedings will be utterly void
o The changing of the course must be more or less permanent, and not temporary overflowing of anothers land o The change of the river must be natural o There must be definite abandonment by the government o The river must continue to exist, that is, it must not completely dry up or disappear
> The accretion doesnt become automatically registered land just because th e lot which receives it is covered by the Torrens title thereby making the alluvial property imprescriptible > Akin to the principle that an unregistered land purchased by the registered owner of the adjoining land does not, by extension, become ipso facto registered land > The accretion doesnt automatically become registered land just because the land which receives such accretion is covered by a Torrens title. As such, it must be placed under the operation of the Torrens system.
4. ALLUVIAL FORMATION ALONG THE SEASHORE FORMS PART OF THE PUBLIC DOMAIN
> Alluvial formation along the seashore form part of the public domain and therefore, not open to the acquisition by adverse possession by private persons > Outside the commerce of man, unless otherwise provided by either the executive or legislative branch of the government > The adjoining registered owner of the foreshore land cannot claim ownership by right of accretion > The state shall only grant these lands to the adjoining owners only when they are no longer needed for the purposes mentioned therein > Ignacio v. Director of Lands: a bay is part of the sea, being a mere indention of the same
COMPUTATION OF PRESCRIPTION
157.
Category: Land Titles And Deeds
COMPUTATION OF PRESCRIPTION
> The present possessor may complete the period necessary for prescription by tacking his possession to that of his grantor or predecessor-in-interest > Presumed that the present possessor who was also the possessor at the previous time, has continued to be in possession during the intervening time, unless there is proof to the contrary
PRESCRIPTION, GENERALLY
159.
Category: Land Titles And Deeds
PRESCRIPTION, GENERALLY
> By prescription, one acquires ownership and other real rights through the lapse of time in the manner and under the action laid down by law > All things within the commerce of men are susceptible of prescription, unless otherwise provided > Acquisitive prescriptionordinary or extraordinary > Ordinary prescriptionrequires possession of things in good faith and with just title for the time fixed by law; possession of 10 years > Extraordinary prescriptionuninterrupted adverse possession thereof within 30 years without need of title or of good faith > Good faithconsists in the reasonable belief that the person from whom he received the thing was the owner thereof, and he could transmit his ownership
which governs and authorizes the application of those who have acquired ownership of private lands by prescription under the provisions of existing laws > While as a rule, prescription doesnt run against the State, the exception is when the law expressly provides > Prescriptionmode of acquiring ownership; properties classified as alienable public land may be converted into private property by ordinary prescription of 10 years, or extraordinary prescription of 30 years, without need of title or good faith. With such conversion, such property may now fall within the contemplation of private lands and may be registered even if the possession commenced after June 12, 1945.
1. Those who by themselves or through their predecessors-ininterest 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 ownership since June 12, 1945 or earlier; 2. Those who have acquired ownership of private lands by prescription under the provision of existing laws. 3. Those who have 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 other manner provided for by law. > Where the land is owned in common, all the co-owners shall file the application jointly. > Where the land has been sold under pacto de retro, the vendor a retro may file an application for the original registration of the land, provided, however, that should the period for redemption expire during the pendency of the registration proceedings and ownership to the property consolidated in the vendee a retro, the latter shall be substituted for the applicant and may continue the proceedings. > A trustee on behalf of his principal may apply for original registration of any land held in trust by him, unless prohibited by the instrument creating the trust.
> When there are several copies off the title but only one is presented with the instrument to be registered Where there are several copies of the same title in existence, it is easy to see how their integrity may be adversely affected if an encumbrance, or an outright conveyance, is annotated on one copy and not on the others. The law itself refers to every copy authorized to be issued as a duplicate of the original, which means that both must contain identical entries of the transactions, particularly voluntary ones, affecting the land covered by the title. > When the property is presumed to be conjugal but the instrument of conveyance bears the signature of only one spouse. > Where there is a pending case in court where the character of the land and validity of the conveyance are in issue. In such a case, the matter of registration may well await the outcome of that case, and in the meantime the rights of the interested parties could be protected by filing the proper notice of lis pendens.
> Abolition of a position doesnt involve removal since removal implies that the post subsists and that one is merely separated therefrom > After abolition, there is in law no occupant and no tenure to speak of > It was ruled in this case that the respondent, not a member of the Bar, cannot be restituted to her former position
170.
REGISTRY OF PROPERTY
REGISTRY OF PROPERTY
> Registration of instruments affecting registered land must be done in the proper registry, in order to affect and bind the land and thus, operate as constructive notice to the world > Section 51 provides that no deed, mortgage, lease or voluntary instrument, except a will purporting to convey or affect registered land shall take effect as a conveyance or bind the land until its registration > Thus, if the sale is not registered, it is binding only between the seller and the buyer but it would not affect third parties
REGISTRATION
> Entry of instruments or deeds in a book or public registry > To registerto enter in a register; to record formally and distinctly; to enroll; to enter in a list > Registration in a public registry is a notice to all the world > All persons are charged with the knowledge of what it contains
BETWEEN TWO BUYERS OF THE SAME IMMOVABLE PROPERTY REGISTERED UNDER THE TORRENS SYSTEM, THE LAW GIVES OWNERSHIP PRIORITY TO:
1. The first registrant in good faith 2. The first possessor in good faith 3. The buyer who in good faith presents the oldest title *will not apply if the property is not registered under the Torrens system
EFFECT OF REGISTRATION
> Constructive notice to all persons from the time of such registering, filing, or entering
1. Issue decrees of registration pursuant to final judgments of the courts in land registration proceedings and cause the issuance by the Register of Deeds of the corresponding certificates of title 2. Exercise supervision and control over all Registers of Deeds and other personnel of the Commission 3. Resolve cases elevated en consulta by, or on appeal from a decision of a Register of Deeds 4. Exercise executive supervision over all clerks of courts and personnel of the CFI throughout the Philippines with respect to the discharge of duties and functions in relation to the registration of lands 5. Implements all orders, decision, and decrees promulgated related to the registration of lands and issue, subject to the approval of the Secretary of Justice, all needful rules and regulations therefor 6. Verify and approve subdivision, consolidation, and consolidationsubdivision survey plans of properties titled under Act 496 except those covered by PD 957 7. Discretionary functions
INSTRUMENTS AFFECTING TITLED LANDS UNDER ACT. NO. 3344 INEFFECTIVE AGAINST THIRD PERSONS
173.
Category: Land Titles And Deeds
REGISTRATION OF INSTRUMENTS AFFECTING TITLED LANDS UNDER ACT. NO. 3344 INEFFECTIVE AGAINST THIRD PERSONS
> Registration of instruments must be done in the proper registry in order to bind the land > Where property registered under the Torrens system is registered not under the Property Registration Decree but under Act 3344, the sale is considered not registered and effective for purposes of Article 1544 of the CC on double sales > A party who registered the sale of land under the PRD had a better right opposed to another who had registered a deed of final conveyance under Act No. 3344priority in time principle wasnt applied because the land was already covered by the Torrens system at the time the conveyance was registered under the Act > without prejudice to a third party with a better rightmere registration of sale in ones favor doesnt give him any right over the land if the vendor wasnt anymore the owner of the land having previously sold the same to somebody else even if the earlier sale was unrecovered
THE TITULO AND THE FANTASTIC CLAIM OF THE MARIANO SAN PEDRO HEIRS
INTESTATE ESTATE OF DON MARIANO SAN PEDRO V. COURT OF APPEALS
> This is a claim of a huge parcel of land covering lands in the provinces Nueva ecija, Bulacan, and in cities including Quezon city. > This case involves 2 cases, which prior to being decided by the SC were consolidated. The first case was a complaint for recovery of possession and damages against Ocampo, Buhain, and Dela Cruz. In the complaint, it was alleged that the defendants (Ocampo - Dela Cruz) were able to secure from the Registry of Deeds of Quezon City titles to a portions of the claimed estate. In the end, the lower courts ruled in favor of Ocampo - Dela Cruz, declaring that the Torrens titles of the defendants cannot be defeated by the alleged Spanish title, Titulo Propriedad no. 4316. > The 2nd case is a petition for letters of adiministration over the intestate estate of the late Mariano San Pedro Y Esteban. This involves a prayer to be declared as administrator. This case eventually ended in the same manner as the first case - the Titulo de Prorpriedad was declared void and of no legal force, therefore the lands covered by the Titulo are not within the estate of the deceased. > Issue: W/N the Titulo de Propriedad is null and void and therefore the lands covered or claimed under such title are not included in the estate of the deceased... > The Titulo is null and void. It has been defeated by the title of the defendants under the Torrens system. > It is settled that by virtue of Pd no 892 which tool effect on Feb 16 1976 the syte of registration under the Spanish Mortgage Law was abolished and all holders of Spanish titles or grants should cause their lands coverd thereby to be registered under the Land Registration Act within 6mos from date of effectivity of the said decree. > Proof of compliance (Certificate of Title) with the said decree should have been presented during trial.
TITULO PROPRIEDAD NO. 4136, DECLARED OF DOUBTFUL INVALIDITY IN DIRECTOR OF FORESTRY V. MUNOZ
175.
Category: Land Titles And Deeds
THE CASE OF TITULO PROPRIEDAD NO. 4136, DECLARED OF DOUBTFUL INVALIDITY IN DIRECTOR OF FORESTRY V. MUNOZ
DIRECTOR OF FORESTRY V. MUNOZ
> Titulo Propriedad No. 4136 was the high point of controversy in a land claim involving several hectares of land > Pinagcamaligan Indo-Agro Development Corporation (PIADECO) was claiming to be the owner of some 72,000 hectares of land located in municipalities of Angat, Norzagaray, and San Jose Del Monte, province of Bulacan, and in Antipolo and Montalban, province of Rizal > PIADECO relied on the aforementioned title as incontrovertible evidence of its ownership
> Justice Sanchez noted the dubious validity of the title in his opinion, stating Private ownership of land must be proved not only through the genuineness of title but also with clear identity of the land claimed xxx no definite area seems to have been mentioned in the title
JURE REGALIA: FOUNDATION FOR THE EARLY SPANISH DECREES ON LAND GRANTS
176.
Category: Land Titles And Deeds
JURE REGALIA: FOUNDATION FOR THE EARLY SPANISH DECREES ON LAND GRANTS
1. Titulo real or royal grant 2. Concession especial or special grant 3. Composicion con el estado or adjustment title 4. Titulo de compra or title by purchase 5. Informacion possessoria or possessory information title 6. Titulo gratuito or a gratuitous title
THE INSCRIPTION UNDER ACT NO. 3344 FOR PURPOSES OF THE LAW ON DOUBLE SALE WAS HELD NOT TO BE EFFECTIVE
> The registration should be made in the property registry to be binding upon third persons > However, there was a case wherein it was held that the owner of a parcel of unregistered land sold it to 2 different persons, assuming both sales are valid, the vendee whose deed of sale was first registered under the provisions of Act No. 3344 would have a better right
181.
Issuance Of Patent
REGISTRATION COURT IS NOT DIVESTED OF ITS JURISDICTION BY ADMINISTRATIVE ACT FOR THE ISSUANCE OF PATENT
> It has been held that a land registration court which has validly acquired jurisdiction over a parcel of land for registration of title cannot be divested of said jurisdiction by a subsequent administrative act consisting in the issuance by the Director of Lands of a homestead patent covering the same parcel of land (De Los Angeles v. Santos)
DISTINCTION BETWEEN THE COURTS GENERAL AND LIMITED JURISDICTION ELIMINATED IN LAND REGISTRATION
> Section 2 has eliminated the distinction between the general jurisdiction vested in the RTC and the limited jurisdiction conferred upon it by the former law when acting merely as a land registration or cadastral court > Change has simplified registration proceedings by conferring the RTC the authority to act not only on applications for original registration but also for all petitions after original registration of title, with power to hear and determine all questions arising upon such applications or petitions > The court is not any longer fettered by its former limited jurisdiction > Amendment was aimed at avoiding multiplicity of suits > In any event, whether a particular matter should be resolved by the RTC on the exercise of its general jurisdiction or of its limited jurisdiction as a special court is in reality not a jurisdictional question but is more in essence of a procedural question involving the mode of practice which may be waived
REGIONAL TRIAL COURTS HAVE EXCLUSIVE JURISDICTION OVER LAND REGISTRATION CASES
186.
REGIONAL TRIAL COURTS HAVE EXCLUSIVE JURISDICTION OVER LAND REGISTRATION CASES
> Matters involving the registration of lands and lands registered under the Torrens system is conferred by Section 2, PD 1529 > While jurisdiction over petitions for amendments of certificates of title is provided for by Section 108 of this Decree > Section 2 provides that RTC has exclusive jurisdiction for original registration of titles to lands, including improvements and interest therein, and over all petitions filed after original registration of title, with power to hear and determine all questions arising upon such applications or petitions
DECREE OF CERTIFICATION?
> The decree binds the land and quiets title thereto, subject only to such exceptions or liens as may be provided by law > Shall not be subject to collateral attack except in a direct proceeding can it be altered or modified or cancelled, in accordance with law > Every registered owner and every subsequent purchaser in good faith shall hold the same free from all encumbrances except those noted in said certificate and any subsisting encumbrances enumerated in the law
> Any person claiming interest may appear and file an opposition, stating all his objections to the application > The case shall be heard and all conflicting claims of ownership shall be determined by the court > Once judgment has become final, the court shall issue an order for the issuance of the decree and corresponding certificate of title in favor of the person adjudged as entitled to registration
THE PERSONS WHO MAY APPLY FOR REGISTRATION, AND THE CONDITIONS NECESSARY FOR REGISTRATION, TO WIT:
1. Those who by themselves or through their predecessors-ininterest 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 ownership since June 12, 1945, or 2. Those who have acquired ownership of private lands by prescription under the provisions of existing laws 3. Those who have acquired ownership of private lands or abandoned river beds by rights of accession or
accretion under existing laws 4. Those who have acquired ownership of land in any other manner provided for by law
HOW IS JURISDICTION IN REM ACQUIRED? BY GIVING THE PUBLIC NOTICE OF INITIAL HEARING BY MEANS OF:
1. Publication 2. Mailing 3. Notice > The decree has also created the Land Registration Commission, now renamed the Land Registration Authority, under the Department of Justice, the central repository of records relative to original registration, including subdivision and consolidation plans of titled lands
Proceeding In Personam
To establish a claim against some particular person, with a judgment which generally, in theory at least, binds his body, or to bar some individual claim or objection, or to only contain certain persons who are entitled to be heard in defense
proved, but it is also within its legislative capacity to establish the method of procedure > All land that were not acquired from the government either by purchase or by grant, belong to the public domain > Oh Cho case: reiterated the rule enunciated in Carino, which is any land that has been in possession of an occupant and of his predecessors-in-interest since time immemorial, as to which such possession would justify the presumption that the land had never been part of the public domain or that it had been private property even before the Spanish conquest.
APPLICATION OF CA 141
> Applies to all lands of public domain which have been declared open to disposition or concession and officially delimited and classified > Provisions on the different modes of government granthomesteads, patents, sales, and reservations for public and semipublic purpose > Has a chapter on judicial confirmation of imperfect or incomplete titles based on acquisitive prescription
> It doesnt create a title nor vest one > It simply confirms a title already created and already vested, rendering it forever indefeasible. > Before the creation of the Court of Land Registration, the jurisdiction to determine the nature, quality, and extent of land titles, the rival claims of contending parties, and the legality and effect thereof was vested in the Courts of First Instance
WITH THE PASSAGE OF THE ABOVEMENTIONED ACT, TWO THINGS OCCURRED WORTHY OF NOTE:
1. A court of limited jurisdiction, with special subject matter, and with only one purpose was created 2. By reason thereof, courts theretofore of general, original, exclusive jurisdiction, were shon of some of their attributesin other words, powers were restricted > Judicial proceedings were in rem and based on generally accepted principles underlying the Torrens system
51 to 68, involuntary proceedings in Sections 69 to 77, certificates of land transfer and emancipation patents issued pursuant to PD No. 27 in Sections 104 to 106, and reconstruction of lost or destroyed original Torrens titles in Section 110. > Judicial proceedings are in rem and are based on general principles underlying the Torrens system
> Registration under Act No. 496 or PD No. 1529 doesnt vest in the registrant private or public ownership of the landit is merely evidence of ownership but is not a mode of acquiring ownership
o Under old system, the same sale would be effected through conveyance, depending on its validity, apart from intrinsic flaws, on the correctness of a long series of prior deeds, wills, etc. > Object of the Torrens system: to do away with the delay, uncertainty, and expense of the old conveyancing system > Generally, by Torrens systems are meant those systems of registration of transactions with interest in land whose declared object is, under governmental authority, to establish and certify to the ownership of an absolute and indeafisible title to realty, and to simplify its transfer.
> This concept was first introduced through the Laws of the Indies and the Royal Cedulas > The Philippines passed to Spain by virtue of discovery and conquest. Consequently, all lands became the exclusive patrimony and dominion of the Spanish Crown. > The Law of the Indies was followed by the Ley Hipotecaria or the Mortgage Law of 1893. This law provided for the systematic registration of titles and deeds as well as possessory claims > The Maura Law: was partly an amendment and was the last Spanish land law promulgated in the Philippines, which required the adjustment or registration of all agricultural lands, otherwise the lands shall revert to the State
TAKE NOTE THAT THE REGALIAN DOCTRINE IS ENSHRINED IN OUR PRESENT AND PAST CONSTITUTIONS THE 1987 CONSTITUTION PROVIDES UNDER NATIONAL ECONOMY AND PATRIMONY THE FOLLOWING
> Section 2. All lands of the public domain, waters, minerals, coal, petroleum, and other mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora 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, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least sixty per centum of whose capital is owned by such citizens. Such agreements may be for a period not exceeding twenty-five years, renewable for not more than twenty-five years, and under such terms and conditions as may be provided by law. In cases of water rights for irrigation, water supply fisheries, or industrial uses other than the development of water power, beneficial use may be the measure and limit of the grant. > The abovementioned provision provides that except for agricultural lands for public domain which alone may be alienated, forest or timber, and mineral lands, as well as all other natural resources must remain with the State, the exploration, development and utilization of which shall be subject to its full control and supervision albeit allowing it to enter into coproduction, joint venture or production-sharing agreements, or into agreements with foreign-owned corporations involving technical or financial assistance for large-scale exploration, development, and utilization
time of the inauguration of the Government established under this Constitution. Natural resources, with the exception of public agricultural land, shall not be alienated, and no license, concession, or lease for the exploitation, development, or utilization of any of the natural resources shall be granted for a period exceeding twenty-five years, renewable for another twenty-five years, except as to water rights for irrigation, water supply, fisheries, or industrial uses other than the development of water power, in which cases beneficial use may be the measure and limit of the grant.
THE REGALIAN DOCTRINE DOESN'T NEGATE NATIVE TITLE. THIS IS IN PURSUANCE TO WHAT HAS BEEN HELD IN CRUZ V. SECRETARY OF ENVIRONMENT AND NATURAL RESOURCES
> Petitioners challenged the constitutionality of Indigenous Peoples Rights Act on the ground that it amounts to an unlawful deprivation of the States ownership over lands of the public domain and all other natural resources therein, by recognizing the right of ownership of ICC or IPs to their ancestral domains and ancestral lands on the basis of native title. > As the votes were equally divided, the necessary majority wasnt obtained and petition was dismissed and the laws validity was upheld > Justice Kapunan: Regalian theory doesnt negate the native title to lands held in private ownership since time immemorial, adverting to the landmark case of CARINO V. LOCAL GOVERNMENT, where the US SC through Holmes held: xxx the land has been held by individuals under a claim of private ownership, it will be presumed to have been held in the same way from before the Spanish conquest, and never to have been public land. > Existence of native titie to land, or ownership of land by Filipinos by virtue of possession under a claim of ownership since time immemorial and independent of any grant from the Spanish crown as an exception to the theory of jure regalia > Justice Puno: Carino case firmly established a concept of private land title that existed irrespective of any royal grant from the State and was based on the strong mandate extended to the Islands via the Philippine Bill of 1902. The IPRA recognizes the existence of ICCs/IPs as a distinct sector in the society.
It grants this people the ownership and possession of their ancestral domains and ancestral lands and defines the extent of these lands and domains > Justice Vitug: Carino cannot override the collective will of the people expressed in the Constitution. > Justice Panganiban: all Filipinos, whether indigenous or not, are subject to the Constitution, and that no one is exempt from its allencompassing provisions