Professional Documents
Culture Documents
MEMORY AID
BAR OPERATIONS 2002
Chapter 1: BACKGROUND, BASIC CONCEPTS & GENERAL PRINCIPLES
Land Title evidence of the owners right or extent of interest, by which he can maintain control and as a
rule assert right to exclusive possession and enjoyment of property
Deed instrument in writing by which any real estate or interest therein is created, alienated, mortgaged
or assigned or by which title to any real estate may be affected in law or equity
1. Grantor
4. Description of Property
2. Grantee
5. Signature of grantor
3. Words of grant
6. Witnesses
Types of estates:
1. Freehold estate indicates title of ownership
a. Fee simple absolute title; conferred without limitation, qualification or restriction
b. Fee tail pass title to grantee & his heirs
c. Life state held for duration of life of grantee
2. Less than freehold estate a right short of title
a. Estate for years lease for a period agreed upon, lessor retains ownership of land
b. Tenancy from period to period lease running from month to month or year to year with
automatic renewal
c. Tenancy at will person is permitted to occupy land of another without stipulation as to
period
3 Stages of Development of Legal System of Transferring Titles:
1. Production & delivery of deed by grantor to grantee without registration
2. Recording of deed of conveyance to bind 3rd persons
3. Registration of title
Registration guarantees the title but Recording does not; need to examine other docs
Purpose of Registration:
GENERAL DEFAULT IS WHEN NO PERSON APPEARS AND ANSWERS WITHIN TIME PRESCRIBED WHILE
SPECIAL DEFAULT IS WHEN A PARTY APPEARS AT INITIAL HEARING WITHOUT HAVING FILED AN ANSWER AND ASKS
COURT FOR TIME TO FILE ANSWER BUT FAILED TO DO SO WITHIN PERIOD ALLOWED
2.
3.
4.
5.
6.
b. Newly discovered evidence which could not be discovered & produced at trial
c. Evidence insufficient to justify decision, decision is against the law
Appeal must be brought 15 days from notice of judgment
Review of decree of registration available to party deprived of day in court; became non-party due
to misrepresentation; invoke actual fraud; before expiration of 1 year; specific acts intended to
deceive; will no longer prosper if already transferred to innocent purchaser for value
a. Plaintiff is owner of land registered in name of defendant
b. Registration procured through actual fraud
c. Property has not issued to innocent purchaser for value
d. Action is filed within 1 year after issuance of decree of registration
Relief from judgment 60 days 6 months after entry of order; available to party to case, FAME;
after judgment; person deprived of right is party to case
Reconveyance action in personam; available so long as property not yet passed to innocent
purchaser for value; bad faith or with notice of defect
Recovery for damages
a. Person is wrongfully deprived of his land by registration in name of another actual or
constructive fraud
b. No negligence on his part
c. Barred/ precluded from bringing an action
d. Action for compensation has not prescribed
DEALINGS: NEED TO PRESENT TITLE TO RECORD THE DEED IN REGISTRY & TO MAKE MEMORANDUM
ON TITLE WHILE IN INVOLUNTARY DEALINGS: NO PRESENTATION REQUIRED; ANNOTATION IN ENTRY BOOK IS
SUFFICIENT
Chattel Mortgage
Subject matter is movable
May be in private document provided there is
affidavit of good faith
No right of redemption
Deficiency cannot be recovered
EXTRA-JUDICIAL
Allowed only if stipulation between party authorizes extra-judicial foreclosure
Cannot be made legally outside of city where land lies
Publication required: post notices for 20 days in 3 public places where property lies & if property is
more than P400.00, publication must be for 3 consecutive weeks in news paper of general circulation
If foreclosure by rural banks, exempt from publication in newspaper for loans not exceeding 3,000.00
Registration of sale in ROD:
a. Deed of sale must be supported by certificate of sheriff that said sale was conducted accordingly
stating the date, time, place of sale, names of creditor & debtor, description of property, name of
highest bidder, selling price
b. Present in ROD where land lies
c. Memorandum on back of certificate is made
d. After expiration of 1 year of redemption period title is consolidated if no redemption exercised:
purchaser to file with ROD the deed of sale & sworn statement attesting to fact that there is no
redemption
IN
FORECLOSURE OF MORTGAGE
There must first be non-payment & at least 30 days have elapsed since then
Alternatives:
1. Judicial
2. Extra-judicial only if there is stipulation/authority
PROCEDURE IN FORECLOSURE
1. Notice posted for 10 days in at least 2 public places in municipality where property is to be sold
designating the time, place and purpose of sale
2. Mortgagor is notified in writing at least 10 days before sale
3. Public auction
4. 30 days after sale, officer makes a return & file with ROD where mortgage has been recorded
5. Officers return operates as a discharge of the lien created by the mortgage
6. Proceeds to be applied:
a. Cost of sale
b. Amount of obligation
c. Subsequent mortgages
d. Balance mortgagor
TAX SALE
Sale of land for collection of delinquent taxes and penalties due the government
In personam (all persons interested shall be notified so that they are given opportunity to be heard)
Notice to be given to delinquent tax payer at last known address
Publication of notice must also be made in English, Spanish & local dialect & posted in a public &
conspicuous place in place wherein property is situated & at main entrance of provincial building
Sale cannot affect rights of other lien holders unless given right to defend their rights: due process
must be strictly observed
Tax lien superior to attachment
No need to register tax lien because it is automatically registered once the tax accrues
But sale of registered land to foreclose a tax lien need to be registered
10
Upon entry of certificate in name of owner or TCT, of 1% shall be paid to ROD based on
assessed value of land as contribution to assurance fund; if no assessment yet, sworn
declaration of 2 disinterested persons subject to determination by court.
Money shall be under custody of the National treasurer; invest it until principal plus interest
aggregates to 500,000, excess shall be paid to the Assurance Fund; annual report of Treasurer to
Secretary of Budget
Who is Entitled:
1.
2.
3.
4.
Claimant must be
owner, purchaser or
encumbrancer in good
faith who suffered
actual damage by loss
of land; in short he is
deprived of his land or
interest therein
No negligence
attributable to him
Claimant is barred from
filing action to recover
said land
Action to recover from
assurance fund has not
prescribed
Omission, mistake,
misfeasance of ROD or
clerk of court
Registration of 3rd persons
as owner
Mistake, omission,
misdescription in certificate
11
4.
12
5.
Grounds:
1. New interest not appearing on the instrument have been created
2. Interest have terminated or ceased
3. Omission or error was made in entering certificate
4. Name of person on certificate has been changed
5. Registered owner has married
6. Marriage has terminated
7. Corporation which owner registered land has dissolved and has not conveyed the property within
3 years after its dissolution
What corrections are permitted in title (which does not include lands included in original; technical
description as long as original decree of registration will not be reopened and rights or interest of
persons not impaired; old survey was incorrect; substitution of name of registered owner)
1. Alterations which do not impair rights and
2. Alterations which impair rights with consent of all parties
3. Alterations to correct obvious mistakes
Reconstitution of original certificate of tiTle
As consequence of war records have been destroyed
When reconstituted have same validity as old title
Can only be done judicially by filing a petition for reconstitution with RTC
To be published in OG for 2 consecutive issues and on main entrance of municipality at least 30
days before hearing
In rem proceedings
Court to order reconstitution if it deemed fit; issue order to ROD
Lack of essential data fatal
6.
Transaction evidenced by lost document how registered
ROD forbidden to effect registration of lost or destroyed documents
Steps by interested parties:
1. Procure authenticated copy of lost or destroyed instrument
2. Secure an order from court
CHAPTER 18: FEES, OFFENSES, PENALTIES
In connection with original and subsequent registration of lands payable to Clerk of court, ROD,
sheriff
Full payment of fees prerequisite to registration: at least the entry fee of 5.00, rest of the fees due
payable within next 15 days
Offenses:
1. Larceny
2. Perjury false statement under oath
3. Fraudulent procurement of certificate: fine of not more than 10,000 or imprisonment of 5 years or
both in discretion of court
4. Forgery: fine of not more than 10,000 or imprisonment of 10 years or both in discretion of court
a. Forging of seal in ROD, name, signature or handwriting of any officer of court of ROD
b. Fraudulent stamping or assistance in stamping
c. Forging of handwriting, signature of persons authorized to sign
d. Use of any document which an impression of the seal of the ROD is forged
5. Fraudulent sale: sale of mortgaged property under the misrepresentation that it is not encumbered;
deceitful disposition of property as free from encumbrance: imprisonment of 3 years or fine not
exceeding 2,00 or both at discretion of court
CHAPTER 19: REGISTRATION OF PUBLIC LANDS
Public Lands all lands owned by the government
Inalienable and alienable
Inalienable public domain: timber and miner lands
Alienable/ Disposable - public agricultural land
PUBLIC LAND MAY BE ALIENATED,
Procedure:
1. Official issuing instrument of conveyance to issue instrument
2. File instrument with ROD
3. Instrument to be entered in books and owners duplicate to be issued
4. Instrument only contract between Government and private person and does not take effect as
conveyance if unregistered, it is registration which is operative act of conveying land; evidence of
authority for ROD to register
13
Lease not included since lease does not transfer ownership; free-title grant: free distribution of public
lands to encourage people to cultivate; government furnishes the applicant with tolls plus cash
allowance to enable him to cultivate
14
Members of cultural minorities in OCEN who has claim of ownership for at least 30 years
15
Government initiates that all lands within a stated region are up for registration whether or not
owners are interested to settle their titles
Nature of Proceedings:
In rem
No defendant & no plaintiff
Compulsory
Procedure:
1.
CADASTRAL SURVEY
In opinion of Phil president pursuant to requirement of public interest, title of land within a specified
area needs to be settled and adjudicated
Order Director of Lands to make survey and plan
Director gives notice to persons claiming interest in lands & to gen public of day of survey
published in OG and posted in conspicuous place on lands to be surveyed
Geodetic engineers commences survey
During survey, boundaries are marked by monuments
2.
Filing of petition
After survey and plot been made, Director represented by Sol Gen institutes cadastral proceeding by
filing petition in court against holders, claimants, possessors, occupants
Parcel of lots given their cadastral numbers
3. Publication of notice of hearing
Court to order date of hearing
LRA to notify public by publishing notice 1x in OG and 1x in newspaper of general circulation & copy
mailed to person whose address is known & other copies posted in conspicuous place designated by
law
4. Filing of answer
Any person claiming interest in any part of lands subject to petition is required to file answer
Answer must give the ff details:
a. Age of claimant
b. Cadastral number of lot claimed
c. Name of barrio or municipality where lot is located
d. Name of owners of adjoining lots
e. If in possession & without grant no of years in possession
f. If not in possession state interest claimed
g. If assessed of taxation assessed value
h. Any encumbrances affecting said lots
5.
Hearing of case
In any convenient place where land lies
Like an ordinary RTC trial
Conflicting claims are determined
Lots claimed are awarded to persons entitles if they could prove title
If none could prove title land is declared public domain
6. Decision
Claimants are notified of decision
7.
16
Revision of decree allowed when substantial rights are not impaired; what is prohibited is registered
land to be registered again in name of another
Jurisdiction subsists to all incidental matters
17
18