Professional Documents
Culture Documents
2CONCEPT OF TITLE:
1.Mode- act that gives you ownership (like 457&458 of
CivilCode)
2.Title- cause of the mode. In order for such mode to have full title,
a requirement should be followed.
3.
TYPES OF ESTATES:
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.
1.
5.
6.
7.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
2.
Heirs & devisees
3.
Persons with actual notice
BAR:May the owner of a building constructed on an unregistered
land belonging to another apply for the registration of such
building under the Land Registration Act ad P.D. No. 1529?
(1989Bar)
HELD: No, because P.D. No. 1529 applies only to registration of
land. The registration of the land may include the building, but the
building cannot be registered independently of the land.
To protect his interest, the owner of the land should file an
opposition or answer to the application for registration and ask that
his right over the building be annotated on the title.
BAR:A is the owner of a parcel of unregistered land. He sold it to
B in 1990. The land was not transferred in Bs name. The
document was not also registered. In 1991, he was sued by C for a
sum of money. The court rendered judgment holding a liable,
hence, the land was levied upon and sold by the sheriff to C who
was the highest bidder. Between B and C, who is the owner of the
property?
HELD:B is the owner of the land, even if the sale to C was
registered. This is so because at the time of the sale by the sheriff
to C, A was no longer the owner as he had already sold it to B.
registration of instrument s affecting unregistered land is without
prejudice to a third party with a better right. The mere registration
of a sale in ones own name does not give him any right over the
land if the vendor was not anymore the owner of the land, having
previously sold the same to somebody else even if the earlier sale
was unrecorded.
BAR:Which of the two (2) titles is superior: an earlier title secured
administratively or a later title secured through judicial
proceedings? Explain.
HELD: It is the person holding under the prior certificate who is
entitled to the land as against the person who relies on the second
certificate. Under the Property Registration Decree (P.D. No.
1529), upon the expiration of one year from the issuance of the
entry of the decree of registration, the said decree and the
certificate shall become incontrovertible and indefeasible. (Sec.
32). This provision also applies to titles acquired through
homestead patents.
BAR MATTER JUNE 18,2007
2 or more claimants:
BAR:Between two (2) sets of claimants of real property, those
claiming ownership by acquisition prescription, and those asserting
ownership on the basis of a deed of sale recorded in the certificate
of the vendor as mortgagee and the highest bidder in a foreclose
sale, who has a better right?
HELD: The latter has a better right, hence, the one who claims to
have been in possession for 30 years does not enjoy recognition.
Prescription does not run against registered land. Under Sec. 47,
P.D. No. 1529, no title to register shall be acquired by prescription
or adverse possession. A title, once registered, cannot be defeated
even by adverse, open and notorious possession. The certificate of
title issued is an absolute and indefeasible evidence of ownership
of the property in favor of the person whose name appears therein.
It is binding and conclusive upon the whole world. All persons
must take notice and no one can plead ignorance of the
registration. (Heirs of Leopoldo Vencilao, Jr. vs. CA, et al., G.R.
No. 123713, April 1998, 93 SCAD 339).
Co-Ownership:
CERTIFICATE OF TITLE
PROCESS:
1.
Within 15 days from finality of order of judgment
directing registration of title court to order LRA to
issue decree of registration and certificate of title
2.
Clerk of court will send order of court & copies of
judgment
3.
Administrator to issue decree of registration & original
& duplicate of OCT signed by Administrator, entered
& file decree of registration in LRA
4.
Send to ROD original & duplicate of title &
certificate for entry in his registration book
5.
Enter in record book, dated, signed, numbered & sealed
take effect upon date of entry
6.
ROD to send notice to registered owner ready for
delivery after payment of fees
7.
ROD shall send duplicate & note on each certificate of
title to whom it is issued
8.
Original copy to be filed in ROD; bound in consecutive
order
2.
3.
REGISTRATION PROCESS
WHO MAY APPLY:
1.
Those in open, continuous, exclusive, notorious
possession of patrimonial property of state under
bona fide claim of ownership since June 12, 1945 or
earlier
What if X occupy land since 1965, but he file application for
registration on 2006 which is 45 years already,but such land
was declared alienable(by Pres or Congress) only on 2000
(which is merely 6 years), is he entitled to the land?
YES, under Rep v Naguit(Jan.2005), SC rules that what
matter is at time of filing of application for registration, the
land is declared already as alienable &disposable and that the
counting of 30 years is not from time of declaration that land
is alienable but on time of occupation by the applicant.
4blue95: However, possession of forest land if it is declared
as alienable, the 30 yr period shall commence from time of
declaration and not at time of occupation.
4blue95:use 30 year period if you occupy such land and
filing of application prior to Jan 25,1977. But use June
12,1945 if occupation of such land is prior to such date and
the filing of application for registration.
2.
3.
4.
Procedure:
1.
Presentment of instrument dealing in
unregistered land
2.
If found in order registered
3.
If found defective registration is refused
writing his reason for refusal
BAR:Where should the application for land registration be filed?It
should be field in the Regional Trial Court where the land is
located.
However, the Supreme court may delegate to the municipal court
the power to decide land registration cases if there are no
controversies and where the value of the lot in question does not
exceed P100,000.00 (Land Disputes do not follow the amount of
jurisdiction in Rules of Court)
BAR:Suppose he land is situated in two (2) provinces, where
should he case be filed?if the boundary has already been
determined, and there are now plans or the two (2) provinces, then,
file the same in each o the provinces. However, if the land has been
declared for taxation purposes in one province, then, file it in the
said province provided that the boundary has not yet been
determined.
4blue95: mortgagor can issue an application for titling,but it must
have written consent of mortgagee-creditor(same with sale a retro)
BAR:What are the distinctions between a decision in a land
registration from that of a decree of registration?
ANS: The distinctions are:
(1)
(2)
(3)
(4)
(5)
2006 notes: The ground for a review of decree is fraud and it must
be filed within one year from issuance.
2006 notes:not function of LRA to approve lands,it is with the
Director of lands
4blue95:If you own landthen apply registration under PD 1529
but if you dont own it, then it is Judicial confirmation of imperfect
title with the RTC or go to Director of lands.
Kinds of land:
1.Privately owned (including native land under IPRA law)
BAR: May the land registration court resolve issued other than
those pertaining to land registration?
ANS: Yes. In Republic vs. Neri, the Supreme Court Said that P.D.
No. 1529 has eliminated the distinction between the general
jurisdiction vested in the regional trial court and the limited
jurisdiction formerly conferred upon it when acting merely as a
cadastral court. Thus, the court may resolve issues other than those
strictly pertaining to land registration in cases (1) where the parties
mutually agreed or have acquiesced in submitting controversial
issues for determination; (2) where they have been given full
opportunity to present their evidence; and (3) where the court has
FOR
ORDINARY REGISTRATION (LAND
REGISTRATION
ACT)
/PROCEEDING
FOR
JUDICIAL
CONFIRMATION OF IMPERFECT TITLE UNDER THE PUBLIC LAND
ACT
PETITION
TITLE
SEEKING
1.
2.
SURRENDER
OF
DUPLICATE
2.
3.
4.
5.
QUIET TITLE
3.
ASSURANCE FUND
2.
RECONSTITUTION
5.
b)
c)
d)
ANS:
a) Melchor is the owner of the accretion. Under the law, to the
owner of the land adjoining the bank of a river belongs the
accretion received by such land provided that the following are
complied with:
1)
2)
3)
b) The accretion is not a part of the title because the title has a
particular description which does not comprise the accretion.
c) Yes, Mariano can acquire the accretion by prescription because
it is unregistered. His possession, however, must be of a period of
30 years as it is in bad faith. (Jagualing vs. CA, G.R. No. 94283,
March 4, 1991).
Donation
BAR:Ferdie donated a piece of property belonging to Meldy, Cory,
the donee, was able to register the deed of donation and was able to
secure a title. Is the title valid? No, because a donor cannot
lawfully convey what does not belong to him. (De Guzman, Jr. vs.
CA, 156 SCRA 701). If at all, Cory merely holds the property in
trust for the true owner. While land registration is a proceeding in
rem and binds the whole world, the simple possession of a
certificate of title under the Torrens system does not necessarily
make the holder the true owner of the property described therein.
Registration does not vest title. It is not mode of acquiring
ownership.
INVOLUNTARY DEALINGS
Document to be registered
ATTACHMENT
Kinds: a. Preliminary
b. Garnishment
c. Levy on execution
REGISTRATION OF ATTACHMENT/OTHER LIENS
4blue95: registration in this area, unlike in voluntary,is only upto
entry in daybook (June 18,2007 Bar Matter).
1.
3.
Unless: heir
1.
EXECUTION SALE
-To enforce a lien of any description on registered land, any
execution or affidavit to enforce such lien shall be filed with ROD
where land lies
-Register in registration book & memorandum upon proper
certificate of title as adverse claim or as an encumbrance
-To determine preferential rights between 2 liens: priority of
registration of attachment
2.
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
PROCEDURE OF REGISTRATION OF TAX SALE:
1.
Officers return shall be submitted to ROD together
with duplicate title
2.
Register in registration book
3.
Memorandum shall be entered in certificate as an
adverse claim or encumbrance
4.
After period of redemption has expired & no
redemption (2 years from registration of auction sale)
cancellation of title & issuance of new one
5.
Before cancellation, notice shall be sent to registered
owner: to surrender title & show cause why it shall not
be cancelled
ACTUAL KNOWLEDGE IS EQUIVALENT TO REGISTRATION OF
ADVERSE CLAIM
1.
Make a statement in writing setting forth alleged
interest, from whom acquired, how acquired, no. of
certificate of land, name of registered owner,
description of land in which right/interest is claimed
signed & sworn to
2.
Statement shall be entitled to registration as adverse
claim on certificate of title
3.
Effective for 30 days from date of registration
4.
After 30 days, may be cancelled by filing of verified
petition by party in interest
5.
Prescribes in 10 years
TRANSMISSION BY DESCENT/DEVISE
WHEN OWNER OF PROPERTY DIES testate or intestate,
Administrator shall file with ROD registration of property in his
name to be vested with ownership as trustee so he can sell, etc,
convey, etc
Not necessary if already empowered in the will
WHEN JUDICIAL PROCEEDING NOT NECESSARY
Heirs may partition estate immediately & no need to be burdened
with cost/expenses of an administrator
1.
In absence of debts
2.
Heirs are all of legal age
PARTITION/SETTLEMENT OF ESTATE
1.
JUDICIAL
After entry of final judgment of partition, copy certified by clerk of
court to be filed with ROD
Each owner to give separate certificate of title (duplicate)
If ordered to be sold, purchaser shall be entitled to a certificate of
title entered in his name upon presentment of order confirming sale
2.
EXTRAJUDICIAL
a.
Decedent died intestate
b.
No debts
c.
Heirs are all of legal age, or minors
represented by guardian
-Heirs to execute public instrument to be filed with ROD
-If disagree with each other, file in court ordinary action for
partition
-If there is only 1 heir, may adjudicate to himself entire estate via
affidavit to be filed with ROD
-If there are movables involved, bond to be filed equivalent to
value of property as certified under oath by parties conditioned
upon payment if any just claim which may be filed by creditor
within 2 years after distribution
-Publication in newspaper of general circulation for 3 weeks; not
binding to those without notice
-Final after 2 years
ORAL PARTITION, WHEN DEEMED VALID
-In provinces when person dies leaving property not covered by
Torrens system to avoid legal expenses, heirs make a list of
property, pay off debts & assign to each
-Statute of frauds do not operate because it is not a conveyance
but a separation of property and designation of part which belongs
to them
WILLS AND LETTERS OF ADMINISTRATION
Executor required to file with ROD a certified copy of his letters of
administration or the will if there is a will in order that ROD may
register upon certificate a memorandum with reference to file no &
date of filing
COURT AUTHORITY NEEDED IN ORDER TO SELL
1.
May be dispensed with if will empowers him sell
2.
Without authority first secured, heir may sell subject to
result of pending administration
LEASE
LEASE - one of the parties deliver possession of property to
another who is obliged to pay rent for use of such property
REGISTRATION OF LEASE
1.
File with ROD the instrument creating lease together
with Owners Duplicate of certificate of title
2.
ROD to register by way of memorandum upon
certificate of title
3.
No new certificate shall be issued
EFFECT OF REGISTRATION:
1.
Creates a real right but without prejudice to rights of 3 rd
persons
2.
If not registered valid as between parties but not to 3 rd
persons without notice
SUBJECT MATTER
FORMS:
1.
2.
ESSENTIAL REQUISITES:
1.
Constituted to secure fulfillment of principal obligation
2.
Mortgagor be absolute owner of thing mortgaged
3.
Person constituting mortgage has free disposal of
property
SPECIAL CHARACTERISTICS:
1.
Subject matter is realty
2.
Real right attaches to property wherever it is &
whoever holds it
3.
Accessory presupposes existence of valid principal
obligation; cannot stand alone
4.
Indivisibility even if debt is divisible; mortgage is not
5.
Inseparability mortgage lien is inseparable from
property
6.
Retention of possession - mortgagor retains possession
PACTO DE RETRO EQUITABLE MORTGAGE
1.
Price of sale with right to repurchase is usually
inadequate
2.
Vendor remains in possession as lessee or otherwise
3.
Upon or after expiration of right to repurchase, another
instrument extending period /granting new period is
executed
4.
Purchaser retains a part of the purchase price
5.
Vendor binds himself to pay taxes on thing sold
6.
Real intention of parties is that transaction shall secure
payment of debt or fulfillment of other obligation
3.
Real Mortgage
Subject matter is real property
Public document only
Right of redemption for 1 year
Deficiency can be recovered
FORECLOSURE
1.
JUDICIAL
a.
Mortgagee to petition in court for
foreclosure
b.
Court to render order for debtor to pay sum
due within 90 days and if not paid from date
of service, property be sold at public auction
c.
Notice & Publication
d.
Public auction: sale to highest bidder
e.
Sheriff to issue certificate confirming
judicial foreclosure
f.
File with ROD final decree of court
confirming sale
g.
Memo entered in certificate of title
h.
If right of redemption exist, certificate of
title of mortgagor not to be cancelled but
memorandum shall be entered upon the
certificate duplicate & original
i.
After expiry of 1 year redemption period &
no redemption, title is consolidated to new
owner
j.
Purchaser to be entitled to new certificate of
title & memorandum endorsed on mortgage
deed
k.
If there is redemption, memorandum to be
annotated on certificate of title
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
ANS: In a judicial foreclosure of mortgage, the period of
redemption depends upon whether the order confirming the sale
would state a period of redemption. If it states so, then it shall
commence from the date of the confirmation of sale. If it is not
stated, then, there shall be no right of redemption.
If there is no right of redemption, the title of the mortgagor shall be
cancelled immediately and a title shall be issued in the name of the
mortgagee.
2.
EXTRA-JUDICIAL
2.
3.
4.
that bank been notified, it could have easily paid the tax
delinquency. Rule on the motion. Explain.
ANS: The bank is not correct. The mortgagee is not entitled as a
matter of right to a persona service of notice to the delinquent
taxpayer, otherwise, it would vitiate the sale. This is because the
sale does not operate to cancel or extinguish the pre-existing lien.
The new title to be issued in the name of Francisco must have an
annotation of said mortgage lien. Neither will the inadequacy of
the price vitiate the sale. While in ordinary sales, for reasons of
equity, the transaction may be invalidated due to inadequacy of
price as to shock ones conscience, such does not follow when the
law gives to the owner the right to redeem, as when a sale is made
at public auction upon the theory that the lesser the price, the easier
it is for the owner to effect redemption. So while the bank is not
entitled to notice as to give it a chance to pay the delinquent taxes,
it does not lose its lien on the property as to give it a chance to get
back what it has lent, together with interest. (Tiongco vs.
Philippine Veterans Bank, 212 SCRA 176).
BAR:Give the distinctions between equity of redemption and right
of redemption:
(1) In equity of redemption, the right is exercised before the
auction sale, while in right of redemption, the same is exercised
after auction sale;
(2) In equity of redemption, a check may be tendered as payment
because the owner is exercising a right, while in right of
redemption, a check may not be tendered because he is performing
an obligation.
CHATTEL MORTGAGE
CHATTEL MORTGAGE personal property is registered with ROD
to secure performance of an obligation
SUBJECT MATTER: movables
DEED OF MORTGAGE: requires only description to enable parties &
other persons to identify the subject matter
REGISTRATION OF CHATTEL MORTGAGE
1.Execution of document
2.Payment of fees
3.ROD enters in DAY BOOK in strict order of their presentation
chattel mortgages & other instruments relating thereto (primary
process)
4.ROD thereafter enters in a more detailed form the essential
contents of the instrument in the Chattel Mortgage Register
(complementary process)
EFFECT OF REGISTRATION:
1.Creates a lien attaches to the property whoever holds it;
binding on subsequent purchasers
2.Constructive notice
SALE OF CHATTEL WITHOUT CONSENT OF MORTGAGEE void;
criminal act
EFFECT OF FAILURE TO REGISTER:
-Valid between parties but void against 3rd persons
-If instead of registration, it is delivered it shall be a pledge & not
chattel mortgage (if no chattel mortgage deed executed)
-Actual knowledge is same effect as registration
AFFIDAVIT OF GOOD FAITH: STATEMENT THAT
1.Mortgage is made to secure obligation specified
2.Valid & just obligation
3.Not entered into for purpose of fraud
EFFECT OF ABSENCE OF AFFIDAVIT OF GOOD FAITH:
-Vitiates mortgage as against creditors & subsequent
encumbrances
-Valid as between parties
-No need to be in public document
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
RECOVERY OF DEFICIENCY: Allowed
PUBLIC LAND & HOMESTEAD
PUBLIC LANDS all lands owned by the government
Quasi-judicial officer
3.
4.
EXCEPTIONS:
1.
Action for partition because it is not a conveyance
2.
Alienations or encumbrances made in favor of the
government
ERRED HOMESTEADER NOT BARRED BY PARI DELICTO
ORDINARY
Government
Private Individual
Private Lands
Ownership is Asserted
FILING OF ANSWER
5.
HEARING OF CASE
6.
7.
On account of owner
Applicant has another
chance to claim is
dismissal is without
prejudice
CADASTRAL PROCEEDINGS
PURPOSE:
In rem
Compulsory
PROCEDURE:
1.
2.
3.
CADASTRAL SURVEY
FILING OF PETITION
10 years