CADASTRAL REGISTRATION PROCEEDINGS

Purpose
Sec 35(a): The purpose is to serve the public interest by requiring that the titles to
any unregistered lands be settled and adjudicated

Procedure
1. The President, if so requires that title to any unregistered lands be settled and
adjudicated, shall order DOL to conduct a cadastral survey of lands
2. DOL shall give notice to the general public of the day and survey, such notice to be
(a) Published in the OG
(b) Posted in the places indicated, and
(c) Sent to the municipal mayor, barangay captain, sangguniang panlalawigan and
sangguniang bayan concerned.
- It shall be lawful for the surveyors to enter upon the lands for the placing of
monuments. Every claimant must inform the surveyors of the extent and
boundary lines of the particular portion claimed by him.
3. Filing of petition for registration Soc-Gen shall institute original registration
proceedings by filing the necessary petition in the RTC of the place where land is
situated against the holders, claimants, possessors or occupants stating that public
interest required that the title to such lands be settled and adjudicated.
- Petition shall contain subscription of land, accompanied by a plan and other data
as to facilitate notice to all occupants.
4. Publication
- Sec 35 PD 1529 provide for the publication of the application for registration and
the schedule of the initial hearing.
o Publication in the OG twice under the law
- Purpose: due publication is required to give notice to all interested parties of the
claim and identity of the property that will be surveyed.
5. Filing of answer
- Any claimant whether named in the notice or not, shall file an answer on or before
the date of initial hearing or within such further time as may be allowed by the
court.
- Answer shall be signed and sworn to by the claimant or by some other authorized
person in his behalf, and shall state his status, nationality and postal address.
6. Hearing of petition
- The trial may occur at any convenient place within the province in which lands are
situated.
7. Judgment
- All conflicting interests shall be adjudicated by the court and decrees awarded in
favor of persons entitled to the lands or to parts and such decrees shall be the
basis for issuance of OCT in favor of the rightful owners which shall have the
same effect as CT granted in ordinary LR proceeding.
- In absence of successful claimants, property is declared public land.

CERTIFICATE OF TITLE

Issuance of decree and certificate

Upon finality of judgment of court adjudicating the land as private property, court
shall within 15 days from entry issue an order directing LRA Admin to issue the
decree of registration and Certificate of title.
Winning party filed a petition for issuance of an order directing the LRA to issue a
decree for registration.
Probative value of a certificate of Title
- CT serves as evidence of an indefeasible and incontrovertible title after the lapse
or expiration of 1 year from date of entry of decree of registration.
 - It is conclusive as to the person whose name appears therein, identity of land and
its location.
- The notations or memoranda at the back of the certificate arent admissible as
proof of the contracts or documents to which they pertain.
- A strong presumption exists that the title was validly and regularly issued.

The Curtain principle

- One does not need to go behind the certificate of title because it contains all the
information about the title of its holder.
- It dispenses the need of proving ownership by long complicated documents kept
by the registered owner, which may be necessary under a private conveyancing
system
- Assures that all the necessary information regarding ownership is on the
certificate of title.
- Objective of Torrens System:
1. to obviate possible conflicts of title by giving the public the right to rely upon
the face of the Torrens certificate
2. dispense with the necessity of inquiring further
3. gives the registered owner complete peace of mind that he would be secured
in his ownership as long as he has not voluntarily disposed of any right over
the land
- STA LUCIA
o Curtain principle does not prevent an attack on the contents if there are
inaccuracies.
o It does not protect:
a. usurper
b. fraud
c. unjust enrichment

Issuance of a certificate of title does not foreclose an action to test its

validity.
- Mere possession of CT is not conclusive to the holders true ownership of all the
property described.
- If a person obtains a title by mistake or oversight, lands which cannot be
registered under TS he does not become the owner of land illegally included.
- CT is merely an evidence of ownership or title over the property.
- Issuance does not foreclose the possibility that the real property may be co-
owned with persons not named in the certificate or that it may be held in trust for
another person.
- Principle of Indefeasibility does not apply where fraud attended the issuance of
title.
o When title is acquired thru fraud file a motion to quiet title or removal of
cloud. (Declaratory Relief)
o If A finds Title is in name of B.
A can file for declaration of nullity.

Original Certificate of Title

CT used for the first time after initial registration proceedings.
- Shall be a true copy of the decree of registration
- Set forth full names of all persons whose interests make up the ownership of the
land, civil status, and names of respective spouses, citizenship, residence, postal
address.
- If conjugal property issued in both names of spouses. (before family code)
- If absolute community of property: (after family code)
 o If the title is only in the name of one spouse and there is no showing when
the property was acquired by said spouse, it is an indication that the
property belongs exclusively to said spouse.
Presumption under Art 160 cannot prevail when the title is in the
name of only one spouse and the rights of innocent 3rdparties are
involved.
o Ponce de Leon v RFC properties acquired during the marriage constitute
the conjugal property. The party who invokes this presumption must first
prove that the property in controversy was acquired during the marriage.
Proof of acquisition during coverture is a condition sine qua non for the
operation of the presumption in favor of conjugal partnership.
- If a corporation: that it is qualified a domestic corporation 60/40
Any subsequent title issued pursuant to any instrument affecting property covered by
OCT is the Transfer Certificate of Title.
- Shall show the number of the next previous certificate covering same land and
the fact that it was originally registered, giving record number, number of original
certificate of title and volume and page of registration book in which it is found.
Upon receipt of RD of original and duplicate copy of CT, he shall enter the same in
the record book and shall be
- Numbered, dated signed and sealed with the seal of his office.
- CT shall take effect upon date of entry.
- RD shall send notice by mail to registered owner informing him that his owners
duplicate is ready for delivery.

Title Certificate of Title

Law refers to ownership which is
represented by the OCT or TCT.
Title to real property refers to that
upon which ownership is based.
The evidence of right of the owner or
the extent of his interest, by which
he can maintain control and assert
right to exclusive possession and
enjoyment.
Mere evidence of ownership.
It is not the title to the land itself.
Accumulates in one document a
precise correct statement of the
exact status of the fee simple title,
which the owner has.
It is an evidence of title.

Owners duplicate certificate

Shall be delivered to the registered owner or his duly authorized representative
If 2 or more persons are registered owners, one owners duplicate may be issued for
the whole land
If 2 co-owners desire - a separate duplicate may be issued to each of them in like
form but all outstanding certificates so issued shall be surrendered whenever RB shall
register any subsequent voluntary transaction affecting the whole land or part
thereof or any interest therein.

Voluntary or involuntary
Transaction (Voluntary)
o Sale
Act (Involuntary)
o Taxes

Issuance of mortgagees lessees duplicate certificate discontinued

Present rule is that no mortgagees or lessees duplicate certificate shall be issued by
RD
Those issued prior to effectivity of PD 1529 11 june 1978 are deemed cancelled
Transfer Certificate of Title
Upon entry of OCT, RD shall file the same in a registration book provided for the
purpose
It shall be bound and filed in consecutive order with other CTs
TCT may be issued to any voluntary or involuntary instrument shall be in like form as
the OCT.
Original is kept in the RD while owners duplicate is delivered to the party concerned.
TCT shall indicate number of next previous certificate covering the same land and
also the fact that it was originally registered, giving the record number, number of
OCCT and volume and page of the registration book in which it is filed.

Statutory Liens affecting Title

Certificate of title free from liens except those noted thereon
- One who deals with property registered under TS need not go beyond it. He is
charged with notice only of burdens or claims as annotated on the title.
- Registered owner receiving a certificate of title and every purchaser for value and
good faith shall hold the same free from all encumbrances.
- Except those noted in the title and enumerated in 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 co-owners
9. Taking of the property through eminent domain

Liens or encumbrances
- Lien
o a charge on the property usually for the payment of some debt or
obligation.
o A qualified right or a proprietary interest which may b exercised over the
property of another.
o A right which the law gives to have a debt satisfied out of a particular
thing.
o Signifies a legal claim on property as a collateral or security for the
payment of some debt.
- Encumbrance
o A burden upon land, depreciative of its value, such as a lien, easement or
servitude which though adverse to the interest of landowner, does not
conflict with his conveyance of the land in fee.

Contents of a certificate of title

Every certiciate of title shall contain the following:
a. Full names of all persons whose interest make up the full ownership in the land
b. Civil status
c. Names of their respective spouses if married
 d. Citizenship
e. Residence and postal address
If property belongs to conjugal partnership, title shall be issued in names of both
spouses
- (ART 160 CC, all property must be conjugal)
OCT merely confirms a pre-existing title. the OCT does not establish the time of
acquisition of property by the registered owner.

Registered land not subject to collateral attack; no prescription

Laches as a bar
- No one may acquire land from the registered owner by adverse, open and
notorious possession.
- To a registered owner under the TC, the right to recover possession of registered
property is equally imprescriptible since possession is a mere consequence of
ownership.
- Prescription is unavailing not only against registered owner but also against his
hereditary successors.
- PD 1529 provides that no title to registered land in derogation of that registered
owner shall be acquired by adverse possession. Proof of possession by petition in
action for reconveyance is immaterial and inconsequential.
Laches
o Failure or neglect for an unreasonable and unexplained length of time to do
that which by exercising due diligence could or should have been done earlier.
While no title to registered land in derogation of title of the registered owner may be
acquired by prescription or adverse possession, a registered owner of property may
be barred from recovering possession by virtue of laches.
It is the effect of delay in asserting their right of ownership over the property which
militates against the registered owner, not merely the fact that he asserted his right
too late in the day.
Elements of Laches
a. Conduct on part of defendant or of one under whom he claims giving rise to the
situation of which complaint is made for which the complaint seeks a remedy
b. Delay in asserting the complainants rights, the complainant having had
knowledge or notice of the defendants conduct and having been afforded an
opportunity to institute a suit
c. Lack of knowledge or notice on part of defendant that complainant would assert
right on which he bases his suit and
d. Injury or prejudice to defendant in the event relief is accorded to complainant, or
the suit is not held to be barred.

Certificate of Title not subject to collateral attack

CT once registered, cannot be impugned, altered, changed, modified, enlarged,
diminished except in a direct proceeding permitted by law.
Validity of CT can be threshed out only in a direct proceeding filed for the purpose.
CT serves as evidence of an indefeasible title to property in favor of the person
whose name appears therein.
After expiration of 1 year period from issuance of decree of registration, it becomes
incontrovertible.
It may only be attacked within 1 year from date of entry on the ground of actual fraud
through a direct proceeding.
Direct attack when the object of action is to annul or set aside judgment or enjoin
enforcement.
o Can be made in counterclaim or 3rd party complaint.
Indirect/collateral attack when in an action to obtain a different relief, an attack
on the judgment is made as an incident thereof.
Splitting or Consolidation of titles
Registered owner desiring to consolidate several lots into one or more shall file with
the LRA a consolidation plan showing the lots affected with their technical
descriptions and upon surrender of owners duplicate certificates and receipt of plan
duly approved by LRA, RD shall cancel said certificates and issue a new one for the
consolidated lots.
Subdivision of land may be made administratively with the owner submitting duly
approved subdivision plan to RD and requesting him to issue new certificates of title
for the land as subdivided.
o If property is owned in common and no unanimity among owners as regards
subdivision, no new certificates of title shall be entered until the petition shall
be properly determined by the court pursuant to Sec 108 of PD1529
Registered property subdivided into smaller lots and a specific lot is conveyed by
owner
o Vendee need to have deed of purchase registered and obtain TCT in his name
for lot after presenting to RD the subdivision plan and vendors copy of CT.

SUBSEQUENT REGISTRATION

Voluntary Dealings
Formal Requirements
o Contracts are obligatory in whatever form they may have been entered into
provided all essential requirements for their validity are present.
o Requisites:
a. Consent of contracting parties
b. Object certain which is subject matter of contract and
c. Cause of obligation which is established
o Form is important for validity, convenience and enforceability

Presentation of Owners Duplicate Original

o Surrender of owners duplicate certificate is authority for the RD to enter
registration.
o No voluntary instrument shall be registered by RD unless owners duplicate
certificate is presented together with such instrument, except in some cases
or upon order of the court for cause shown.
o Production of owners duplicate certificate is presented for registration shall
be conclusive authority from the registered owner to RD to enter a new
certificate or to make a memorandum of registration.

Dealings less than Ownership

o Memorandum of encumbrances
At the dorsal side of CT is a memorandum of encumbrances affecting
the property.
All interest in registered land less than ownership, like a mere contract
to sell.
It is not necessary to issue a new certificate on the basis of an
instrument which does not divest the ownership or title from the owner
or from transferee of registered owner.
A brief memorandum at the back signed by RD shall serve as notice to
third parties of instrument affecting property.
Cancellation of interests shall be done in the same manner.

Other Dealings
o Mortgage and Leases
Rabaja
Look at fraud.
Violation of DUE PROCESS