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PRESIDENTIAL DECREE NO.

1529
CHAPTER I
GENERAL PROVISIONS
SECTION 1. Title of Decree
SEC. 2. Nature of registration proceedings; jurisdiction of courts
SEC. 3. Status of other pre-existing land registration system

CHAPTER II
THE LAND REGISTRATION COMMISSION AND ITS REGISTRIES OF
DEEDS

SEC. 4, Land Registration Commission


SEC. 5. Official and Employees of the Commission
SEC. 6. General Function
SEC. 7. Office of the Register of Deeds
SEC. 8. Appointment of Registers of Deeds and their Deputies and other
subordinate personnel; salaries
SEC. 9. Qualifications of Register of Deeds and Deputy Registers of Deeds
SEC. 10. General functions of Register of Deeds
SEC. 11. Discharge of duties of Register of Deeds in case of vacancy, etc.
SEC. 12. Owners Index; reports
SEC. 13. Chief Geodetic Engineer

CHAPTER III
ORIGINAL REGISTRATION
I. ORDINARY REGISTRATION PROCEEDINGS
A. APLICATIONS
SEC. 14. Who may apply
1. Purpose of the torrens system of registration
2. Registration only confirms ownership
3. System of registration
4. Laws governing land registration
(1) Public Land Act (CA No. 141)
(2) Property Registration Decree (PD No. 1529)
(3) Cadastral Act (Act No. 2259)
(4) Indigenous Peoples Rights Act (RA No. 8371)
5. Registration Proceedings are judicial and in re; distinguished from
proceedings in personam and quasi in rem

(A) REGISTRATION UNDER THE PROPERTY REGISTRATION DECREE

1. Who may apply


(1) Co-owners shall file application jointly
(2) Vendee a retro may file application in his name
(3) Trustee may apply for registration on behalf of his principal
2. Requisites for registration under Section 14(1)
(1) Land must already be A and D at the time of the filing of the
application
(2) Rule reiterated

3. Section 14(2) authorizes acquisition of ownership by prescription


(1) Prescription, generally
(2) Concept of possession for purposes of prescription
(3) Computation of prescription
(4) Prescription distinguished from laches
4. Acquisition of private lands or abandoned river beds by right of
accession or accretion
(1) Ownership of abandoned river beds by right of accession
(2) Ownership by right of accretion along river banks
(3) Accretion along the banks of creeks, streams and lakes
a. Alluvion must be the exclusive work of nature
b. Reason for the law on accretion
c. Accretion does not automatically become registered
land
d. Where alluvial increment is not registered, it may be
acquired by third persons through prescription
e. Alluvial formation along the seashore forms part of
the public domain.
5. Acquisition of ownership in any other manner provided for by law
(1) Reservation for a specific public purpose by Presidential
proclamation
a. International Hardwood and Veneer Co. v. University
of the Philippines
b. Republic, rep. by the Mindanao Medical Center v.
Court of Appeals
c. Republic v. Doldol
6. Land acquisition by private corporations
(1) Purpose of the prohibition

a. Director of Lands v. Intermediate Appellate Court and


Acme Plywood & Veneer Co., Inc.
b. Republic v. Iglesia ni Cristo and Manalo
c. Natividad v. Court of Appeals and Republic
7. A corporation sole is qualified to apply for registration 82
8. Vested rights cannot be impaired by subsequent law91
(1) Illustrative cases
a. Republic v. Court of Appeals and Baloy
b. Ayog v. Cusi
c. Sta. Monica Industrial and Development Corp. v. CA

(B) JUDICIAL CONFIRMATION OF IMPERFECT OR INCOMPLETE


TITLES

1. Governing provision: Section 48(b), CA No. 141 (Public Land Act)


(1) Period of possession: historical background
(2) Section 48(b) has a counterpart provision in PD No. 1529
(3) No material differences between Sec. 14 91)
(4) Rights of cultural minorities to their lands recognized
(5) RA No. 9176 extended the period to file application to December
31, 2010
2. Registration proceedings presupposes that the land is a public
agricultural land
(1) Title is void where land is inalienable and may be cancelled even
in the hands of an innocent purchaser for value
3. Requisites for availment of Chapter VIII
4. Land must be A and D land at the time the application for confirmation is
filed

5. Rule different where land is not registrable as when it forms part of the
public forest
6. Only A and D lands may be the subject of confirmation of title
7. Where applicant has acquired a right to a government grant, application
is a mere formality
8. Compliance with all requirements for a government grant ipso jure
converts land to private property
(1) Susi v. Razon
(2) Oh Cho v. Director of Lands
(3) Mesina v. Sonza
9. Application must conform to the requirements of the Property
Registration Decree
10. Hearing
(1) Burden of proof rests on applicant
11. Order for the issuance of a decree
12. Land declared public land in a previous registration case may be the
subject of judicial confirmation

C. REGISTRATION UNDER THE INDIGENEOUS


PEOPLES RIGHTS ACT
1. The Indigenous Peoples Rights Act
(1) Constitutional provisions
(2) Constitutionality of the IPRA
2. Definition of terms
(1) Indigenous Cultural Communities/Indigenous Peoples
(2) Ancestral domains
(3) Ancestral lands

(4) Native title


(5) Time immemorial
3. Indigenous concept of ownerhisp
4. The IPRA connotes group or communcal ownership
5. Ownership over the natural resources belong to the State
(1) ICCs/IPs have priority rights in the exploitation of natural
resources within ancestral domains
(2) ICCs/IPs do not lose possession over area covered by a TLA
6. Delineation and recognition of ancestral domains
7. Identification, delieneation and certification
8. Registration of CADTs and CALTs
9. Modes of acquisition
(1) IPRA converts ancestral land as public agricultural land for
registration purposes
(2) Effect of registration
(3) Transfer of land or property rights
(4) Generally, no ancestral land shall be opened for mining operations
10. National Commission on Indigenous Peoples (NCIP)
(1) Specific powers and functions
a. Formulation of policies, issuances of rules and regulations
b. Resolution of conflicts
c. Issuances of CADT/CALT
d. Cancellation of ancestral domain and ancestral land titles
e. Issuance of certification as a precondition to the grant of permit
f. Power to cite for contempt, issue restraining order
(2) Regional Hearing Offices

(3) Ancestral Domains Office


D. FORM AND CONTENTS, DEALINGS WITH LAND
SEC. 15. Forms and contents
1. Requisite steps in bringing land under the Torrens System
2. Form and contents of the application for registration
SEC. 16. Non-resident applicant
1. Non-resident applicant may be represented by an attorney-in-fact
SEC. 17. What and where to file
1. Application for land registration to be filed with the Regional Trial
Court
2. Application must be accompanied by a survey plan and applicants
muniments of title
SEC. 18. Application covering two or more parcels
SEC. 19 Amendments
1. A single application may be filed for two or more parcels
2. Amendment of boundaries or area requires publication and notice
SEC. 20. When land applied for borders on road
1. Limitations on the registered owners title
SEC. 21.
inspection

Requirement of additional facts and papers; ocular

1. Additional facts may be required by the court


SEC. 22. Dealings with land pending original registration
1. Dealings with the land while its registration is pending
2. Dealing or transactions entered into pending registration do not
require amendment of application.

PUBLICATION, OPPOSITION AND DEFAULT


SEC. 23. Notice of initial hearing, publication, etc.
1. Notice of initial hearing
(1)

Publication
a. Purpose of publication
b. Publication of notice of initial hearing

c. Publication in a newspaper is necessary to accord with due


process requirement
d. Publication in the Official Gazette does not dispense with the
requirement of notice by mailing and posting
e. Lack of personal notice does not vitiate the proceedings
f. Purpose of notice by all there modes
g. New publication necessary to include additional area
h. Effect of non-or defective publication
(2) Mailing
a. Mailing to persons named in the application
b. Mailing to the Secretary of Public (Works) and Highways,
Governor and Mayor
c. Mailing to the Secretary of Agrarian Reform, Solicitor
General, Director of Lands, etc.
d. Role of the Solicitor General
(3) Posting
SEC. 24. Proof of publication and notice
1.
Certification of LRA and Sheriff as to publication, mailing and
posting conclusive
SEC. 25.
Opposition to application in ordinary registration
proceedings
1. Requisites for opposing application

2. Nature of interest to support opposition


3. Failure to file opposition, effect of
(1) Persons deemed to have legal standing to file opposition
(2) Private persons may not file opposition for the government
4. Opposition by the government
(1) Absence of opposition by the government does not justify
outright registration
(2) Hearing necessary to determine validity of ownership claim
(3) Failure to appear on the day of initial hearing is not a ground
for default where opposition or answer had been filed
(4) Government may appeal despite failure of agency to file
opposition
5. Motion to dismiss based on res judicata proper in a registration
proceeding
(1) Defense of res judicata may be waived if not set up in a
motion to dismiss
6. Submission of subdivision plan
SEC. 26 Order of default; effect
1. Order of default, when entered
2. Motion to lift order of general default
3. Party in default can appeal judgment
4. Government not stopped by the mistake or error of its agents

HEARING, JUDGMENT AND DECREE OF REGISTRATION


SEC. 27 Speedy hearing, reference to a referee
1. Hearing
2. Proof required in registration proceedings, generally

I. CITIZENSHIP REQUIREMENT
1. The Krivenko doctrine; aliens disqualified
2. The prohibition is a declaration of imperative national policy
3. A natural-born Filipino citizen who has lost his citizenship may be a
transferee of private land
4. Capacity to own land is determined as of the time of its acquisition
and not registration
5. Aliens may lease private lands
6. Foreigners allowed to purchase condominium units
7. Donation in favor of a religious corporation controlled by nonFilipinos not registerable
8. Land acquired by an American citizen in 1945 can be registered
under the Ordinance appended to the 1935 Constitution
9. A corporation sole may acquire and register private agricultural
land
10. Can a Filipino vendor recover land sold to an alien?
11. Rule restated
12. Illustrative cases
II. CLASSIFICATION OF PUBLIC LANDS
1. Classification of public lands is an executive prerogative
(1) System of classification
(2) Requirements to establish classification
(3) Only A and D lands may be the subject of disposition
(4) Classification of Boracay Island
(5) Public lands and government land distinguished
(6) Cadastral survey of a municipality does not automatically
classify lands within the cadastre as A and D lands

2. Under the Spanish regime, all Crown lands were per se alieanable
and subject to adjudication by the courts
3. Burden of proof rests with applicant to overcome presumption of
State ownership
III. NON-REGISTRABLE PROPERTIES
1.

Property of public domain

(1) Land intended for public use or service not available for
private appropriation
(2) Patrimonial property
(3) Land may be alienated when declared no longer needed for
public use or service
(4) Ownership of waters
(5) A and D lands held by government entities under Sec. 60,
CA No. 141 cannot be alienated without approval by Congress
(6) Lands titled in the name of government entities form part of
the public domain
2. Forest Lands
(1) Conservation of natural resources
(2) Classification of land is descriptive of its legal nature, not
what it actually looks like
(3) Sec. 48(b), CA No. 141, applies only to A and D lands
3. Watersheds
4. Mangrove swamps
5. Mineral lands
(1) Mineral Resources are owned by the State
(2) Possession of mineral land does not confer possessory
rights
(3) Ownership of land does not extend to minerals underneath

(4) Land cannot be partly mineral and partly agricultural


6. Natural resources within ancestral domains
7. National parks
8. Military or naval reservation
9. Foreshore lands and reclaimed lands
(1) Development of the law governing foreshore/reclaimed
lands
(2) State policy
(3) Congressional authority
(4) Land invaded by the sea is foreshore
(5) Submerged areas
(6) Laws governing reclamation
(7) The Public Estates Authority
10. Lakes
(1) Laguna de Bay
(2) Area beyond the natural bed of the Laguna de Bay may be
registered
11. Navigable rivers
12. Creeks
13. Reservation for public and semi-public

FORMS AND CONTENTS, DEALINGS WITH LAND


SEC. 15. Forms and contents
1. Requisite steps in bringing land under the Torrens System
2. Form and contents of the application for registration

SEC. 16. Non-resident applicant


1. Non-resident applicant may be represented by an attorney-in-fact
SEC. 17. What and where to file
1. Application for land registration to be filed with the Regional Trial
Court
2. Application must be accompanied by a survey plan and applicants
muniments of title
SEC. 18. Application covering two or more parcels
SEC. 19 Amendments
1. A single application may be filed for two or more parcels
2. Amendment of boundaries or area requires publication and notice
SEC. 20. When land applied for borders on road
1. Limitations on the registered owners title
SEC. 21.
inspection

Requirement of additional facts and papers; ocular

1. Additional facts may be required by the court


SEC. 22. Dealings with land pending original registration
1. Dealings with the land while its registration is pending
2. Dealing or transactions entered into pending registration do not
require amendment of application.

PUBLICATION, OPPOSITION AND DEFAULT


SEC. 23. Notice of initial hearing, publication, etc.
1. Notice of initial hearing
(1)

Publication
a. Purpose of publication
b. Publication of notice of initial hearing

c. Publication in a newspaper is necessary to accord with due


process requirement
d. Publication in the Official Gazette does not dispense with the
requirement of notice by mailing and posting
e. Lack of personal notice does not vitiate the proceedings
f. Purpose of notice by all there modes
g. New publication necessary to include additional area
h. Effect of non-or defective publication
(2) Mailing
a. Mailing to persons named in the application
b. Mailing to the Secretary of Public (Works) and Highways,
Governor and Mayor
c. Mailing to the Secretary of Agrarian Reform, Solicitor
General, Director of Lands, etc.
d. Role of the Solicitor General
(3) Posting
SEC. 24. Proof of publication and notice
1.
Certification of LRA and Sheriff as to publication, mailing and
posting conclusive
SEC. 25.
Opposition to application in ordinary registration
proceedings
1. Requisites for opposing application
2. Nature of interest to support opposition
3. Failure to file opposition, effect of
(1) Persons deemed to have legal standing to file opposition
(2) Private persons may not file opposition for the government
4. Opposition by the government

(1) Absence of opposition by the government does not justify


outright registration
(2) Hearing necessary to determine validity of ownership claim
(3) Failure to appear on the day of initial hearing is not a ground
for default where opposition or answer had been filed
(4) Government may appeal despite failure of agency to file
opposition
5. Motion to dismiss based on res judicata proper in a registration
proceeding
(1) Defense of res judicata may be waived if not set up in a
motion to dismiss
6. Submission of subdivision plan
SEC. 26 Order of default; effect
1. Order of default, when entered
2. Motion to lift order of general default
3. Party in default can appeal judgment
4. Government not stopped by the mistake or error of its agents

HEARING, JUDGMENT AND DECREE OF REGISTRATION


SEC. 27 Speedy hearing, reference to a referee
1. Hearing
2. Proof required in registration proceedings, generally
I. CITIZENSHIP REQUIREMENT
1. The Krivenko doctrine; aliens disqualified
2. The prohibition is a declaration of imperative national policy
3. A natural-born Filipino citizen who has lost his citizenship may be a
transferee of private land

4. Capacity to own land is determined as of the time of its acquisition


and not registration
5. Aliens may lease private lands
6. Foreigners allowed to purchase condominium units
7. Donation in favor of a religious corporation controlled by nonFilipinos not registerable
8. Land acquired by an American citizen in 1945 can be registered
under the Ordinance appended to the 1935 Constitution
9. A corporation sole may acquire and register private agricultural
land
10. Can a Filipino vendor recover land sold to an alien?
11. Rule restated
12. Illustrative cases
II. CLASSIFICATION OF PUBLIC LANDS
1. Classification of public lands is an executive prerogative
(1) System of classification
(2) Requirements to establish classification
(3) Only A and D lands may be the subject of disposition
(4) Classification of Boracay Island
(5) Public lands and government land distinguished
(6) Cadastral survey of a municipality does not automatically
classify lands within the cadastre as A and D lands
2. Under the Spanish regime, all Crown lands were per se alieanable
and subject to adjudication by the courts
3. Burden of proof rests with applicant to overcome presumption of
State ownership
III. NON-REGISTRABLE PROPERTIES
1.

Property of public domain

(1) Land intended for public use or service not available for
private appropriation
(2) Patrimonial property
(3) Land may be alienated when declared no longer needed for
public use or service
(4) Ownership of waters
(5) A and D lands held by government entities under Sec. 60,
CA No. 141 cannot be alienated without approval by Congress
(6) Lands titled in the name of government entities form part of
the public domain
2. Forest Lands
(1) Conservation of natural resources
(2) Classification of land is descriptive of its legal nature, not
what it actually looks like
(3) Sec. 48(b), CA No. 141, applies only to A and D lands
3. Watersheds
4. Mangrove swamps
5. Mineral lands
(1) Mineral Resources are owned by the State
(2) Possession of mineral land does not confer possessory
rights
(3) Ownership of land does not extend to minerals underneath
(4) Land cannot be partly mineral and partly agricultural
6. Natural resources within ancestral domains
7. National parks
8. Military or naval reservation
9. Foreshore lands and reclaimed lands

(1) Development of the law governing foreshore/reclaimed


lands
(2) State policy
(3) Congressional authority
(4) Land invaded by the sea is foreshore
(5) Submerged areas
(6) Laws governing reclamation
(7) The Public Estates Authority
10. Lakes
(1) Laguna de Bay
(2) Area beyond the natural bed of the Laguna de Bay may be
registered
11. Navigable rivers
12. Creeks
13. Reservation for public and semi-public
IV. SPECIFIC EVIDENCE OF OWNERSHIP
1. Proof of ownership, generally
2. Land must be classified as A and D land
(1) Sec. 48(b), CA No. 141, is premised on prior classification of
land as A and D
(2) Classification of agricultural public land as A and D reckoned
at the time of filing of application for registration
(3) Naguit reaffirmed
(4) Regalian doctrine should be applied with due regard to the
provisions on social justice
(5) Evidence deemed sufficient to establish
(6) Classification of land as A and d land

(7) Evidence deemed insufficient to show classification and


release of land as A and D
3. Survey plan
(1) Only the LMB may approve a survey plan for original
registration purposes
(2) Private Surveys, duty of surveyors
(3) Submission of tracing cloth plan
(4) A certified blue print or white print copy of the plan suffices
for registration purposes
(6) Natural boundaries must be certain
(7) Differences of boundaries in tax declarations
4. Law requires both possession and occupation
(1) Rule in case of conflict of possession
(2) Possession raises a question of fact
(3) Mere casual cultivation is not possession under claim of
ownership
(4) Evidence of overt acts of possession under claim of
ownership
(5) Tenuous, unreliable and hearsay evidence of possession
(6) Possession arising from a tax delinquency sale
(7) Commencement of possession
5. Tax declarations; tax receipts
(1) Failure to pay taxes
abandonement of property

does

not

alone

constitute

(2) Irregular payment of taxes; discrepancies in area and


boundary owners

SEC. 28 PARTIAL JUDGMENT


SEC. 29. JUDGMENT CONFIRMING TITLE
1. Court has broad jurisdiction over all issues
2. Reports of LRA Administrator and Director of Lands
3. Only judgments and processes received by the Solicitor General
bind the government
4. Principle of res judicata applicable to registration proceedings

SEC. 30. WHEN JUDGMENT BECOMES FINAL; DUTY TO CAUSE


ISSUANCE OF DECREE
1. Separate proceeding to enforce judgment not necessary in land
registration proceedings
2. Court retains jurisdiction until after final entry of decree
3. Judgment once final cannot be amended to modify decree
4. Writ of possession
5. Writ of possession in land registration cases
6. Writ of demolition
7. Writ will not issue against persons taking possession after
issuance of final decree
8. Writ does not issue in reconstitution cases
9. Consequence of refusal to vacate; contempt

SEC. 31. DECREE OF REGISTRATION


1. Decree of registration
2. Land becomes registered land only upon transcription of the
decree
3. Registration court has no jurisdiction to decree again land already
decreed in a previous registration case

4. Cadastral courts have limited jurisdiction to correct technical errors


or determine which of several conflicting titles should prevail
5. Decree cannot be issued until after judgment becomes final
6. Certificate of title becomes indefeasible after one year from the
issuance of the decree
7. The Maysilo Estate case

REMEDIES
SEC. 32. Review of decree of registration; Innocent purchaser for
value
1. Remedies available to the aggrieve party
2. New Trial or reconsideration
(1) Grounds
(2) Contents
(3) Affidavits of merit
(4) Meaning of fraud, accident, mistake and excusable
negligence
3. Relief from judgment; relief from denial of appeal
(1) Time for filing petition
(2) Petition for relief and motion for new trial/reconsideration are
exclusive of each other
4. Appeal
(1) Modes of appeal
(2) Period of ordinary appeal
(3) Perfection of appeal
5. Review of decree of registration
(1) Requisites for review

(2) Grounds for review; fraud must be actual or extrinsic


(3) Distinction between extrinsic and intrinsic fraud
a. Specific instances of actual or extrinsic fraud
b. When relief may be granted
(4) Illustrative cases
(5) Petition must be filed within one year
(6) Date of issuance of patent is equivalent to the decree of
registration
6. Purchaser in good faith
(1) Purchaser is not required to explore further than what title
indicates for hidden defects
(2) A purchaser who has knowledge of defect of his vendors
title cannot claim good faith
(3) As between two persons in good faith, the lawful holder of a
title is preferred
(4) Purchaser charged only with notice of liens noted on the title
(5) Rule of caveat emptor (Buyer beware)
(6) Sale of property pending litigation
(7) Prior registration of a lien
(8) Rule of good faith is a question of fact
(9) Good faith is a question of fact
(10) Burden of proof
(11) Rule on double sale of property
(12) Principle of prior est temporae, prior est in jura
7. Reconveyance, generally
(1) Statutory basis of an action for reconveyance
(2) Nature and purpose of an action for reconveyance

(3) Requisites
(4) Remedy available even before issuance of decree
(5) Relevant allegations
(6) Reconveyance is an action in personam
(7) Where to file action
(8) Indispensable parties to be impleaded in an action for
reconveyance
(9) Quantum of proof
(10) Action for reconveyance may be barred by prescription
(11) Prescription of action; illustrative cases
a. Action based on fraud four years
b. Action based on implied trust ten years
c. Action based on a void contract- imprescriptible
d. Action to quiet title where plaintiff is in possession
imprescriptible
(12) Reconveyance of land acquired through public land
patents; State not bound by prescription
(13) Laches may bar recovery
a. Elements of laches
b. Illustrative cases
(14) Action may be barred by res judicata
8. Quieting of title, concept
(1) Action to quiet title, when proper
(2) Actions for reconveyance, cancellation of title and to quiet
title involve title to, or possession of, real property, or any interest therein
and must be prosecuted by the party-in-interest

9. Trusts, generally
(1) Prescription arising from implied or constructive trust
(2) Illustrative cases
10. Action for damages
11. Action for reversion
(1) Grounds for reversion
(2) Only the Solicitor General may institute an action for
reversion
(3) The Director of Lands has continuing authority to investigate
fraudulent acquisition of public lands
(4) State nor barred by res judicata or estoppels
(5) Exception to the rule on estoppels and laches
12. Cancellation of title
13. Recovery from the Assurance Fund
(1) Requisites for recovery
(2) Indispensable parties in an action against the Assurance
Fund
(3) Deprivation of land or interest therein
(4) Breach of trust not a ground for a claim against the
Assurance Fund
(5) Requirement of good faith
14. Annulment of judgments or final orders and resolutions
(1) Petition for annulment is an equitable and extra ordinary
remedy
(2) Grounds for annulment
(3) Action by the court
(4) Effect of judgment

(5) Criminal prosecution


SEC. 33. Appeal from judgment, etc.
1. Modes of appeal to the Court of Appeals or Supreme Court
2. Period of ordinary appeal
3. Period to file petition for review on certiorari
4. Appeal period standardized
SEC. 34. RULES OF PROCEDURE
1.

Applicability of the Rules of Court


(1) Misjoinder of causes of action or parties

II. CADASTRAL REGISTRATION PROCEEDINGS


A. ORDER FOR SPEEDY SETTLEMENT AND ADJUDICATION;
SURVEY; NOTICES
SEC. 35.
PETITION

CADASTRAL SURVEY PREPARATORY TO FILING OF


B. PETITION: LOT NUMBERS

SEC. 36. PETITION FOR REGISTRATION


C. ANSWER
SEC. 37. ANSWER TO PETITION IN CADASTRAL PROCEEDINGS
D. HEARING; JUDGMENT; DECREE
SEC. 38. HEARING; JUDGMENT; DECREE
1. Nature and purpose of cadastral proceedings
2. Procedure leading to the adjudication of property through cadastral
proceedings
a. Cadastral survey preparatory to filing of petition
b. Notice of survey and publication
c. Filing of petition for registration

d. Publication
e. Filing of answer
f. Hearing of the petition
g. Judgment; when title deemed vested
3. Actions taken in a cadastral proceeding
4. Only unregistered lands may be the subject of a cadastral survey
5. Lands already titled cannot be the subject of cadastral proceedings
6. Jurisdiction of the cadastral court over previously titled lands
limited to the correction of technical errors in the description of the land
7. New titles may be issued for private lands within the cadastral
survey
8. Cadastral answer may not be thrown out upon a mere motion of
adverse claimants
9. Amendment of the plan to include additional territory
10. When title to land in a cadastral case is vested
11. Decision declaring land as public land not a bar to subsequent
action for confirmation of title over the same land
12. Neither prescription nor laches may render inefficacious a
decision in a land registration case
13. Cases where decision of the cadastral court was considered res
judicata
14. Cadastral court has no jurisdiction over a petition for
reconstitution
15. Neither prescription nor laches may render
16. Issuance of writ of possession imprescriptible

CHAPTER IV
CERTIFICATE OF TITLE
SEC. 39. Preparation of decree and Certificate of Title
1. Issuance of decree of registration and certificate of title
2. Decree binds the land and is conclusive against the whole world.
3. Probative value of a certificate of title
SEC. 40. Entry of Original Certificate of Title
1. Entry of original certificate of title
2. Title and Certificate of Title distinguished
SEC. 41. Owners duplicate certificate of title
1. Issuance of the owners duplicate certificate
SEC. 42. Registration Books
SEC. 43. Transfer Certificate of Title
1. Registration book; content of transfer certificate of title
SEC. 44. Statutory liens of affecting title
1. Certificate of title free from liens except those noted thereon
2. Generally, purchaser need not go behind registry to determine
condition of property
3. Meaning of lien, encumbrance
4. Purpose of the provision on statutory liens
SEC. 45. Statement of personal circumstances in the certificate
1. Contents of a certificate of title
2. All property of the marriage presumed conjugal; exception
SEC. 46. General incidents of registered land
1. Registered land subject to burdens or incidents by operation of law
SEC. 47. Registered land not subject to prescription

1. Registered land cannot be acquired by prescription or adverse


possession
2. Registered owner may be barred from recovering possession
through laches
3. Other illustrative cases of laches
SEC 48. Certificate not subject to collateral attack.
1. Certificate of title cannot be the subject of collateral attack
2. Distinction between a direct and collateral attack on the title
3. A direct attack on the title may be made in a counterclaim or thirdparty complaint
4. Where to file action
5. Other illustrative cases of collateral and direct attack on the title
SEC 49. Splitting, or consolidation of titles.
SEC 50. Subdivision and consolidation plans.
1. Subdivision and consolidation plans
2. Conveyance of only a portion of the land
3. Illegal enlargement of area

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