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LAND TITLE AND DEEDS

Land Registration is a judicial or administrative proceeding whereby a persons claim of ownership over a particular land is determined and confirmed or recognized so that such land and the ownership thereof may be recorded in a public registry. Nature: IN REM, and shall be based on the generally accepted principles underlying the Torrens Title. Torrens System a system of registration of land under which, upon the landowners application , the court may, after appropriate proceedings, direct the register of deeds for the issuance of a certificate of title. Purposes: 1. To quiet title to land 2. To relieve the land of unknown liens or claims 3. To prevent fraudulent claims 4. To establish priority in right 5. To create indefeasible and imprescriptible title binding the whole world 6. To provide means of publication or notice to the third party 7. To provide stability to land titles 8. To give public the right to rely upon the face of the Torrens Title so to dispense with the need of inquiring further Imprescriptible - exempt from prescription indefeasible - that cannot be annulled or made void Torrens Title certificate of ownership issued by the Register of Deeds, naming and declaring the owner of the real property described therein, free from all liens and encumbrances, EXCEPT such as may be expressly noted thereon or otherwise reserved by law. Probative purpose: may be received in evidence in ALL courts 2 types of Torrens Cert of Title 1. OCT the first title issued in the name of the registered owner by virtue of a judicial or administrative proceeding 2. TCT the title issued to whom the ownership of a REGISTERED land has been transferred by any legal mode of conveyance. REGALIAN DOCTRINE Consti Art 12, Sec 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 60% of whose capital is owned by such citizens. Such agreements may be for a period not exceeding 25 years, renewable for not more than 25 years, and under such terms and conditions as may provided by law. .. EXCEPTIONS to Regalian Doctrine: 1. Religious and ecclesiastical properties are NOT owned by the State. Such as held in trust by such religious organizations. 2. Native Title- lands owned by indigenous people since time immemorial (period of time when as far back as memory can go)

HOW LANDS ARE OWNED IN SPANISH ERA 1. Royale Title-to encourage to settle in Pinas (discoverers, ettlers) 2. Special Grant-given by the Governor 3. Adjustment Title-land was not defined / encroached land 4. Title of Purchase-lands of public domain 5. Possessory Information Title-title showing possession MODES OF ACQUIRING TITLE 1. Public grant-govt transfers to private indi 2. Acquisitive prescription-ord 10 yrs / extra ord 30 yrs 3. Accretion-effects of the current of the waters 4. Reclamation-filling submerged lands 5. Voluntary transfer-voluntary execution of deed of conveyance 6. Involuntary alienation-expropriation or condemnation proceedings 7. Descent or devise-hereditary to relative or to NOT relative AGENCIES implementing Land Registration 1. Courts 2. DENR 3. DOJ thru LRA and Registry of Deeds 4. Dept of Land Reform 5. DAR Classification of Lands 1. Private or public lands 2. Alienable or inalienable lands 3. Registered or unregistered 4. Registrable or unregistrable Registrable Lands 1. Alienable public lands 2. Private lands Non-registrable lands 1. Forest or timberland 2. Mangrove swamps 3. Mineral lands 4. Foreshore lands and seashore 5. Navigable rivers 6. Lakes 7. Military reservations 8. Watershed 9. Grazing lands 10. Previously titled lands 11. Alluvial deposit along river when man-made LANDS OF PUBLIC DOMAIN 1. Agricultural 2. Forest or timber 3. Mineral lands 4. National parks AGRICULTURAL LANDS OF PUBLIC DOMAIN 1. Residential, commercial and industrial 2. Educational, charitable 3. Agricultural 4. Intended for town sites / quasi-public Alienable lands of the public domain shall be limited to agricultural lands. Citizens of the Philippines may lease not more than 500 hectares, or acquire not more than 12 hectares thereof, by purchase, homestead, or grant.

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ORIGINAL REGISTRATION - PD 1529 ORIGIN OF PD 1529 st 1) 1903 Acts 926 Public Land Law -> the 1 and substantive law 2) 1903 RA 496 Torrens System was introduced 3) 1913 RA2874 amended 1903 Public Land Law 4) 1913 Act 2259 Cadastral Act initiated by the Pres of the Phils 5) 1936 CA 141 amended the 1903 Torrens system 6) 1987 PD1529 Property Registration Act codifies ALL other laws before 1987 (note: PD1529 DID NOT repeal old laws) Nature: proceeding brought before the RTC (the land registration court) to determine title or ownership of land on the basis of an application for registration or answer/opposition by a claimant in a cadastral registration. JURISDICTION GEN RULE: RTC of the province, city or municipality where the property is situated. EXCEPTION: Delegated jurisdiction to the MTC, MeTC, and MCTC by the SC in cadastral and land registration cases IF: a) there is no controversy over the land, OR b) its value is less than P100,000 Kinds of original registration 1. voluntary by filing w/the proper court a. under PD1529 Prop Registration Decree b. under Sec 48 of CA No. 141 Public Land Act 2. involuntary cadastral proceedings compulsory regn initiated by the govt to adjudicate ownership of land involuntary on the part of the claimants but they are compelled to substantiate their claim or interest thru an answer STEPS IN ORDINARY LAND REGISTRATION 1. Survey by Land Management Bureau 2. Filing of application 3. Setting of date for initial hearing 4. Transmittal of application 5. Publication of notice of filing of application 6. Service of notice upon contiguous owners, occupants, w/interest 7. Filing of answer or opposition 8. Hearing of the case 9. Promulgation of judgement 10. Issuance of decree or order declaring the decision final 11. Entry of decree in LRA 12. Sending of copy of Decree to Registry of Deeds 13. Transcription of Decree in the registration book and issuance of Owners Duplicate Original Cert of Title SURVEY bu a duly licensed private surveyor and approved ONLY by the Director of the Land Management. ------------------------------------------------------------------------------------------2) Foreign Corporations cannot own public or private lands, whether registered or not. (Director of Lands vs. ACME Mineer and Plywood Company). Foreigners cannot own lands in the Philippines. (Rivenco vs Registry of Deeds). APPLICATION PD1529, Section 14. Who may apply. The following persons may file in the proper Court of First Instance an application for registration of title to land, whether personally or through their duly authorized representatives: 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. WHO MAY NOT APPLY for OCT 1) Corporations cannot own lands of Public Domain therefore cannot be an applicant for original registration. Consti provides that: Private corporations or associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding 25 years, renewable for not more than 25 years, and not to exceed 1,000 hectares in area. EXCEPT: Filipino Corporations can own private lands if land has already been registered. If owned previously by a private individual, then sold to a Filipino Corporation, the latter may become an owner. This is because the moment all the requisites or application are complied with, the owner may be given a GOVERNMENT grant. (Republic vs Sineza) In fact the corporation may continue the application proceedings when upon the original registration of the owner of the land, such land becomes a private land. DIR OF LANDS vs MERALCO if the land was already private at the time Meralco bought it from Natividad, then the prohibition in the 1973 Constitution against corporations holding alienable lands of the public domain except by lease (1973 Const., Art. XIV, See. 11) does not apply. AND the fact that the confirmation proceedings were instituted by a corporation is simply another accidental circumstance

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Who may acquire private lands? 1.) Filipino Citizen 2.) Alien through hereditary succession (intestate succession) 3.) Filipino Corporation 4.) Filipino who has lost citizenship pertains to time when property was acquired and not during registration. (Republic vs. Lipana) ACQUISITION BY POSSESSION & OCCUPATION Applicants Requisites re Sec 14 Par. 1 1. Filipino citizenship 2. Must have by themselves or through their predecessors in interest POSSESSED and OCCUPIED alienable and disposable land 3. Such occupation/possession must be OPEN, CONTINOUS, EXCLUSIVE and NOTORIOUS under a bona fide ownership since June 12, 1945 4. Application must be filed in proper court RTC ***Before you could apply for the Title, you have to have an IMPERFECT title. FILIPINO CITIZEN: 1987 Consti Art. 4, Sec 1 1. Those who are citizens of the Philippines at the time of the adoption of this Constitution; 2. Those whose fathers or mothers are citizens of the Philippines; 3. Those born before January 17, 1973, of Filipino mothers, who elect Philippine Citizenship upon reaching the age of majority; 4. Those who are naturalized in the accordance with law. REPUBLIC vs NAGUIT Sec. 14(1) only requires that possession or occupation should be since June 12, 1945. This date DOES NOT refer to alienability of the subject land. The land should be alienable during the time of application for registration. When a forest land is declared alienable and disposable the possessor can then apply for the registration. Evidence to prove that land is alienable 1. Executive Dept order 2. Presidential Proclamation 3. Administrative Act 4. Legislative Act (REP vs ESPINOSA) PALOMO CASE & GALLO CASE No amount of possession could ripen into an ownership if the subject land is a forest land, timberland, mineral land, or reserved national park. ACQUISITION BY PRESCRIPTION REPUBLIC vs MALABANAN The prescriptive period of 30 years IS NOT from the time of possession BUT from the time land was declared patrimonial property. Prescription period Ordinary Prescription = 10 years Extraordinary Prescription = 30 years For UNTITLED private lands only Titled lands are not subject for prescription anymore Article 457. To the owners of lands adjoining the banks of rivers belong the accretion which they gradually receive from the effects of the current of the waters. (336) Article 461. River beds which are abandoned through the natural change in the course of the waters ipso facto belong to the owners whose lands are occupied by the new course in proportion to the area lost. However, the owners of the lands adjoining the old bed shall have the right to acquire the same by paying the value thereof, which value shall not exceed the value of the area occupied by the new bed. (370a) Sec. 15 FORMS Signed In writing Under oath State the description of the land Civil status Owners of adjoining lots Sec. 16 NON-RESIDENT applicants shall apply thru representative Sec. 17 WHERE TO FILE RTC Sec. 18 APPLICATION for 2 or MORE parcels of land possible if located in the same place Sec. 19 AMENDMENTS normal amendments no publication needed if amendment is substantial it must be published to be valid substantial ex: increment -> 500 sqm to 5,000 sqm if reduction NO NEED for publication REP vs GALLO case --- there were series of changes change of name need not be published; change from Bureau of Forestry to Bureau of Fisheries formal amendments Sec. 22 PENDING REGISTRATION if application is on going, applicant may deal the land but must attach the instrument and state the relief/prayer. As a result, court may approve or issue a reconveyance. Any contract will be recognized provided it is done after application and before the decree of registration has been issued. HEIRS OF LOPEZ vs RD OF MARIKINA after the issuance of decree of registration is the only time that Lopezes came out with their deed of sale. Ruling: (Sec 22) the heirs of Lopez Sr cannot avail anymore because they could have done such before the issuance of decree of registration. The petitioned annulment of the title was denied by the SC. Sec. 23 PUBLICATION and NOTICE What is being published is the order of initial hearing, NOT the application for registration Nature of proceeding is IN REM An action in rem is a proceeding that takes no notice of the owner of the property but determines rights in the property that are conclusive against all the world. ACQUISITION BY ACCRESSION REP. Vs RONQUILLO The law is clear and unambiguous. It leaves no room for interpretation. Article 370 (now Art. 461) applies only if there is a natural change in the course of the waters. The rules on alluvion do not apply to man-made or artificial accretions nor to accretions to lands that adjoin canals or esteros or artificial drainage systems.

PUBLICATION
a. Within 5 days upon receipt of application b. Court orders the publication c. Once in official gazette and once in newspaper of G/C d. Hearing shall be held NOT earlier than 45 days and NOT later than 90 days from publication of initial hearing. 2-FOLD PURPOSE OF PUBLICATION 1. To confer jurisdiction to the court 2. Serve as notice to all those concerned of such registration Publication is mandatory and jurisdictional O.G. is of limited circulation thats why publication in newspaper of G/P is required.

2 TYPES OF DEFAULT 1) General no opposition was filed by anyone 2) Special an opposition was filed by an aggrieved party, hence all others who do not file their respective oppositions are declared in Special default. Default does not automatically relieve the applicant the burden to prove ownership over such property. He must rely on the strength of his evidence and not on the weakness of the oppositor.

Why is publication in O.G. and Newspaper of G/C required? Publication in the OFFICIAL GAZETTE confers jurisdiction of the Court, while publication in the NEWSPAPER of G/C as it involves DUE PROCESS, recognizing that Official Gazette is not that widely distributed. Public should not be deprived of the due process - - that is they should be properly informed! REP vs HANDOVER WORLDWIDE TRADING Initial hearing was done here beyond the 90 days allowable period. Ruling: The act of setting the date is NOT within the control of the applicant, so it would be unfair to prejudice the right of the one who did not do anything wrong. Earlier or later than the period set by law is STILL VALID, as it is not under the control of the applicant MAILING Within 7 days after publication in O.G. Commissioner of LRA causes mailing Binding despite failure of giving personal notice since nature of proceeding is in rem. What to mail: Notice of Initial Hearing Who to mail: 1. to persons named in the application 2. DPWH, Governor, Mayor if adjoining a public road 3. Sec of DAR, Solicitor General, Director of Lands, DPWH, Director of Forest Devt, Director of Mines, Dir of Fisheries and Aquatic Resources-if land borders on a body of water POSTING Within at least 14 days before the date of initial hearing Caused by the Sheriff Posted in a conspicuous place on each parcel of land included in the application and on the bulletin board of municipal building HEIRS OF MANUEL ROXAS case doctrine: There was publication in the O.G. and newspaper but not of general circulation --- public was deprived of due process. REP vs GERBIETO Publication done after the hearing to remedy the lack of publication --- Court ruled NOT VALID, subsequent publication is a useless publication!

HEARING involves presentation of evidence to prove:

1. 2. 3. 4. Jurisdiction of court Applicants possession/occupation Identity of the land That land is alienable and disposable

How to prove jurisdictional area? 1. Publication 1. Copy of NPGC 3. Copy of O.G. 2. Affidavit of the Editor 4. Affidavit of Editor O.G. 2. Mailing Affidavit of LRA 3. Posting Certification of the Sheriff How to prove ownership Imperfect title pursuant to Sec. 14 How to prove POSSESSION 1. Tax Cert 2. Spanish Title 3. Improvements How to prove Land Identity? Survey and Description by Bureau of Land Management How to prove that Land is alienable and disposable? Declared by the President, or through executive department. 1. Presidential Proclamation 2. Executive orders 3. Circulars

Sec. 28 JUDGEMENT
2 TYPES OF JUDGEMENT 1. Partial a portion is being contested 2. Conditional subject to a condition, as in required to submit document from time to time ***Clerk of Court delivers decision to LRA

Sec. 31 ISSUANCE OF DECREE OF REGISTRATION

The Court after hearing directs the LRA to issue the decree of Registration The LRA issues decree of registration bearing the date, hour and minute of its entry. And signed by the Commissioner. Pending appeal, the Court cannot issue the decree, but after the lapse of 15 days Then a replica of title will be issued This Cert of Title after the lapse of 1 year becomes indefeasible and imprescriptible Imprescriptible - exempt from prescription indefeasible - that cannot be annulled or made void but before 1 year it could still be revived/reopened

OPPOSITION / ANSWER
Any person who has interest in the property or those mentioned in the notice may be an oppositor. A private individual may not represent the government. The Solicitor General may represent the Government in such opposition, but may delegate such power to prosecutors.

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2 certificates issued by LRA 1. Original Judicial Registration forwarded to the Registry of Deeds for the purpose of recording liens 2. Owners Certificate of Title issued to the owner CASE WILL NOT BE ENTERTAINED BY THE COURT if: 1. property is purchased or acquired by an innocent purchaser in good faith and for value (has to be protected) 2. after one year from issuance of the decree of registration Extrinsic fraud could open/touch the OCT.

INNOCENT PURCHASER Rule: 2 requisites must be present: 1. The forger or his representative must have transferred to his name 2. Property acquired by purchaser in good faith and for value MIRROR DOCTRINE: You have to trust the title. Person should not go beyond the title. EXCEPTION: 1. When the person knows of a significant fact that could lead a cautious person to suspect and investigate 2. When the person has the actual knowledge of the defect 3. In the case of banking institutions --- they are required to be very careful. They have to inspect thoroughly.

REMEDIES
1. Motion for Reconsideration - within 15 days during the trial 2. Ordinary Appeal; Petition for Review - after 15 days 3. Petition for Relief of Judgement - when decision is already final, 60 days from knowledge of fraud not later than 6 years 4. Petition for Review/ Reopen of the Case 1 year period 5. Reconveyance 6. Reversion done when the forest land went to the private hands. Action fo Rversion can b done by the government thru the Solicitor General 7. Cancellation of Title one lot = 2 titles (one should be cancelled 8. Action for Damages against the person who caused fraud 9. Action against the Assurance Fund when property went to an innocent purchaser (aggrieved by the Torrens System) Ex: fraud caused by the Reg of Deeds or its employees. 10. Criminal prosecution.