c.

Tenancy at will person is permitted to occupy land of another

Civil Law Land Titles
without stipulation as to period

Chapter 1: BACKGROUND, BASIC CONCEPTS & GENERAL 3 Stages of Development of Legal System of Transferring Titles:
1. Production & delivery of deed by grantor to grantee without
PRINCIPLES
registration
Land Title evidence of right of owner or extent of his interest, by
2. Deed of conveyance is recorded to bind 3rd persons
which means he can maintain control and as a rule assert right to
3. Registration of title
exclusive possession and enjoyment of property.
Registration guarantees the title
Deed instrument in writing which any real estate or interest
Recording does not guarantee the title; need to examine other
therein is created, alienated, mortgaged or assigned or by which
docs
title to any real estate may be affected in law or equity.
Purpose of Registration:
1. Grantor
1. Serve as constructive notice
2. Grantee
2. Prevent fraudulent claims
3. Words of grant
3. Protect interest of strangers to transaction
4. Description of property
Modes of Acquiring Land Titles:
5. Signature of grantor
1. Title by public grant conveyance of public land by government
6. Witnesses
to a private individual
Types of estates:
2. Title by acquisitive prescription open, continuous, exclusive,
notorious possession of a property
1. Freehold estate indicates title of ownership.
3. Title by accretion alluvion
a. Fee simple absolute title; conferred without limitation, 4. Title by reclamation filling of submerged land by deliberate
act and reclaiming title thereto; government
qualification or restriction
5. Title by voluntary transfer private grant; voluntary execution
b. Fee tail pass title to grantee & his heirs of deed of conveyance
6. Title by involuntary alienation no consent from owner of land;
c. Life state held for duration of life of grantee forcible acquisition by state
7. Title by descent or devise hereditary succession to the estate
2. Less than freehold estate a right short of title of deceased owner
8. Title by emancipation patent or grant for purpose of
a. Estate for years lease for a period agreed upon, lessor retains ameliorating sad plight of tenant-farmers; not transferable
ownership of land except by hereditary succession

b. Tenancy from period to period lease running from month to

month or year to year with automatic renewal

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 Chapter 2: TORRENS SYSTEM ORIGIN, NATURE & GENERAL 6. Service of notice contiguous owners, occupants & those who
CHARACTERISTICS have interest in property
Advantages: 7. Filing of answer or opposition to application
1. Abolishes endless fees 8. Hearing of case by RTC
2. Eliminates repeated examination of titles 9. Promulgation of judgment by court
3. Reduces records enormously 10. Issuance of decree by RTC decision; Instruct land registration
4. Instantly reveals ownership authority to issue decree of confirmation & registration
5. Protects against encumbrances not noted on the Torrens 11. Entry of decree of registration in Land Titles Administration
certificate 12. Send copy of decree to Register of Deeds
6. Makes fraud almost impossible 13. Transcription of decree of registration in registration book &
7. It assures issuance of the owners duplicate original certificate of title of
8. Keeps up the system without adding to burden of taxation; the applicant by the Land registration Authority upon payment
beneficiaries of the system pay the fees of prescribed fees.
9. Eliminates tax titles
10. Gives eternal title as state ensures perpetuity CHAPTER 3: APPLICATION IN ORDINARY REGISTRATION
11. Furnishes state title insurance rather than private title PROCEEDINGS
insurance Who may Apply:
12. Makes possible the transfer of titles or of loans within the 1. Those in open, continuous, exclusive, notorious possession of
compass of hours instead of a matter of days patrimonial property of state under bona fide claim of
Purpose of Torrens Law: quiet title to land once registered, ownership since June 12, 1945 or earlier
owner might rest secure 2. Those who acquired ownership of private land by prescription
Persons Bound When Title Not Registered: 3. Those who acquired ownership of private lands by right of
1. Grantor accretion
2. Heirs & devisees 4. Those who acquired ownership in any manner provided for by
3. Persons with actual notice law
Procedure in Land Registration Case: Limitation to Ownership of Land by Corporation:
1. Survey of land by Bureau of lands or duly licensed private 1. Private lands
surveyor 2. At least 60% Filipino to acquire private land
2. Filing of application for registration by applicant 3. Restricted as to extent reasonably necessary to enable it to
3. Setting of date of initial hearing of application by RTC carry out purpose which it was created
4. Clerk of court to transmit to Land Registration Authority the 4. If engaged in agricultural restricted to 1,024 ha.
application, date of initial hearing & other pertinent docs 5. Patrimonial property of state
5. Publication of notice of filing of application, date & place of 6. Lease for 25 years renewable
hearing in OG and in newspaper of general circulation 7. Limited to 1,000 ha.
8. Apply to both Filipinos & foreign cos.

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Form & Contents of Application: Hearing within 7 days after publication in OG
1. In writing & signed by applicant or person duly authorized
2. Description of land 25 90 days from date of order
3. Citizenship
4. Civil status To Whom Notice must be Sent:
5. Full names & address of occupants & adjoining owners 1. City/municipal mayor & provincial governor
What to Accompany Application: 2. Department of Agrarian Reform, Solicitor General & Director of
1. Tracing cloth plan duly approved by the Director of Lands Lands , Director of Fisheries, Director of Mines
2. 3 copies of technical descriptions 3. Adjoining owners & those who have rights or interest thereto
3. 3 copies of surveyors certificate Requisites of Opposition:
4. All original muniments of title 1. Set forth objections to the application
5. 4 copies of certificate by city/provincial treasurer of assessed 2. State interest claimed by oppositor
value of land General Default
Amendments Allowed & Not Allowed If no person appears and answers within time prescribed
1. Substantial change in boundaries or increase in area new Special Default
technical description necessary need new publication & notice Party appears at initial hearing without having filed an answer
2. Substitution of name of new owner file motion with court and ask court for time to file answer but failed to do so within
3. Decrease the area file motion in court period allowed.
Muniment of Title instruments or written evidences which
applicant hold or posses to enable him to substantiate & prove
title to his estate
CHAPTER 5: HEARING & DECREE
Transaction Took Place Before Issuance of Decree:
Who Conducts Hearing:
1. Record instrument in Register of Deeds in same manner as if no
1. RTC
application was made
2. Refer to referee commissioner
2. Present instrument to RTC, motion praying that same be
Proceedings for Ordinary Registration (Land registration Act)
considered in relation to the pending application
/Proceeding for judicial confirmation of Imperfect title under
Transaction Took Place after Issuance of Decree:
the Public land act
Register directly with REGISTER OF DEEDS for purpose of
There exist a title to be confirmed
canceling such title & issuing a TCT.
Land applied for belongs to the state
Court may dismiss without prejudice to file new application
Dismiss with prejudice
CHAPTER 4: PUBLICATION, ANSWER & DEFAULT Risk to have application denied without losing land
Notice in conspicuous place in land & bulletin board of Risk involves loss of land
municipality 14 days before hearing

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 CHAPTER 6: JUDGMENT & DECREE Remedies Available to Aggrieved Party in Registration
Decree issued by land registration authority containing technical Proceedings:
description of land; issued after finality of judgment 1. Motion for new trial must be brought within 15 days from
1. Decrees dismissing application notice of judgment
2. Decrees of confirmation and registration 2. Fraud, accident, mistake, excusable negligence which ordinary
Final after 1 year after decree prudence could not have guarded
Unless there in innocent purchaser for value 3. Newly discovered evidence which could not be discovered &
Subject only to appeal produced at trial
Once final, cannot be subject to attack, deemed conclusive 4. Evidence insufficient to justify decision, decision is against the
against the world law
3. Put end to litigation 5. Appeal must be brought 15 days from notice of judgment
4. Purpose of Torrens system is protected 6. Review of decree of registration available to party deprived of
Amendment after 1 year is allowed creation or extinguishment day in court; became non-party due to misrepresentation;
of new rights; inclusion of new owners not allowed invoke actual fraud; before expiration of 1 year; specific acts
Judgment decision of court constituting its opinion after taking intended to deceive; will no longer prosper if already
into consideration the evidence submitted transferred to innocent purchaser for value
Writ of Possession order to sheriff to deliver the land to the 7. Plaintiff is owner of land registered in name of defendant
8. Registration procured through actual fraud
successful party litigant; no prescription
9. Property has not issued to innocent purchaser for value
1. Against loser
10. Action is filed within 1 year after issuance of decree of
2. Against anyone unlawfully & adversely occupying
registration
When Writ may not Issue:
11. Relief from judgment 60 days 6 months after entry of order;
Person entered into property after decree- non claimant; had
available to party to case, FAME; after judgment; person
been there for 10 years
deprived of right is party to case
Means to Recover Possession:
12. Reconveyance action in personam; available so long as
1. Forcible entry
property not passed yet to innocent purchaser for value; bad
2. Unlawful detainer
faith or with notice of defect
3. Accion publiciana
13. Recovery for damages
4. Accion reindivicatoria
14. Person is wrongfully deprived of his land by registration in
Res Judicata:
name of another actual or constructive fraud
1. Former judgment must be final
15. No negligence on his part
2. Rendered by court having jurisdiction over subject matter &
16. Barred/ precluded from bringing an action
parties
17. Action for compensation has not prescribed
3. Judgment on merits
4. Identity of parties, subject matter and causes of action

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 CHAPTER 7: CERTIFICATE OF TITLE CHAPTER 8: VOLUNTARY DEALINGS WITH REGISTERED LAND
Torrens Title certificate of ownership issued under the Torrens Operative Act registration by owner; deed not registered
System of registration by the government through road naming & binding only between parties
declaring owner in fee simple of property described therein free Process of Registration:
from all liens except those expressly noted. 1. File instrument creating or transferring interest and certificate
Process: of title with Register of Deeds
1. Within 15 days from finality of order of judgment directing 2. Owners duplicate
registration of title court to order Land registration Admin to 3. Payment of fees & documentary stamp tax
issue decree of registration and certificate of title 4. Evidence of full payment of real estate tax
2. Clerk of court will send order of court & copies of judgment 5. Document of transfer 1 copy additional for city/provincial
3. Administrator to issue decree of registration & original & assessor
duplicate of OCT signed by Administrator, entered & file 6. Register of Deeds shall make a memorandum on the certificate
decree of registration in LRA of title, signed by him
4. Send to Register of Deeds original & duplicate of title & 7. Issue TCT
certificate for entry in his registration book Voluntary dealings
5. Enter in record book, dated, signed, numbered & sealed take Need to present title to record the deed in registry & to make
effect upon date of entry memorandum on title.
6. Register of Deeds to send notice to registered owner ready for Involuntary dealings
delivery after payment of fees No presentation required; sufficient that annotation in entry
7. Register of Deeds shall send duplicate & note on each book is sufficient
certificate of title to whom it is issued Formal requisites of a deed:
8. Original copy to be filed in Register of Deeds; bound in 1. Full name
consecutive order. 2. Nationality
Action for Partition, Splitting or Consolidation of Titles: 3. Place of residence
1. Splitting or consolidation ordinary Register of Deeds level, 4. Postal address of grantee or other persons acquiring or claiming
no court involved interest
2. Subdivision plan approval of NHA, final approval of LRA, then 5. Civil status
Register of Deeds to issue memorandum that streets not to be 6. Whether or not corporation:
disposed except by way of donation to govt. shall be effected
without approval of NHA. a. Register of Deeds to keep an entry book day book
Annotations at Back of Certificate need court order; otherwise
null & void b. Enter in order of reception all deeds & voluntary instruments,
write & processes re land -Year, month, day, time, minute of
reception of instrument; Registered from time of entry

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c. Fees of 5 bucks per document to be paid within 15 days
d. Note memorandum & sign & issuance of certificate
e. Documents are numbered & indexed & indorsed with reference
to certificate of title public records
f. Subject to reasonable regulation
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
Real Mortgage Chattel Mortgage

Cost borne by vendor. Subject matter is real property Subject matter is movable

May be in private document

provided there is affidavit of
Public document only good faith
CHAPTER 9: REAL ESTATE MORTGAGE
Right of redemption for 1 year No right of redemption
Real Estate Mortgage real property/real rights secures
fulfillment of an obligation Deficiency cannot be
Deficiency can be recovered recovered
Kinds:
1. Conventional agreed upon by parties Execution & Registration
2. Legal Created by operation of law 1. Execution of deed in a form sufficient in law (public
3. Judicial results from a judgment instrument)
4. Equitable pacto de retro in form but mortgage in essence 2. Registration with Register of Deeds where the land lies & take
Essential Requisites: effect upon registration
1. Constituted to secure fulfillment of principal obligation 3. Present deed of mortgage together with owners duplicate
2. Mortgagor be absolute owner of thing mortgaged 4. Payment of fees
3. Person constituting mortgage has free disposal of property 5. Register of Deeds shall enter upon original certificate of title &
Special Characteristics: upon duplicate a memorandum date, time of filing, signature,
1. Subject matter is realty file number assigned to deed
2. Real right attaches to property wherever it is & whoever holds 6. Register of Deeds to note on deed the date & time of filing &
it reference to volume & page of registration book in which it was
3. Accessory presupposes existence of valid principal obligation; registered
cannot stand alone 7. No duplicate need be issued
4. Indivisibility even if debt is divisible; mortgage is not Subject Matter
5. Inseparability mortgage lien is inseparable from property Real property plus all its accessions unless contrary is stipulated
6. Retention of possession mortgagor retains possession Future property without legal effect
Pacto de Retro Equitable Mortgage Future improvements deemed included
1. Price of sale with right to repurchase is usually inadequate Fruits & rents of mortgaged property deemed included

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 Continuing credit secured by mortgage valid
Forms:
1. Private document void & inexistent
2. Public instrument but not recorded binding between parties
but not 3rd persons without notice
3. Public document & registered valid & binding to 3rd parties
May Mortgage be Registered Without Duplicate Title: Yes
If being withheld by the owner, Register of Deeds notifies by
mail within 24 hours to registered owner:
1. Stating that mortgage has been registered
2. Requesting that owners duplicate be produced so that
memorandum be made thereof
Owner refuses to comply within reasonable time; Register of
Deeds to notify court & court may enter order requiring owner
to produce certificate
Subsequent Dealings in Mortgaged Property
1. May be further alienated stipulation to contrary is void
Assignment must also be registered since registration is
operative act to affect land
If not recorded valid as to parties but not to 3rd parties, right
not protected against somebody who registers & procures
better right
No need to secure permission of mortgagee
Understood unless prohibited in contract
1. May be further mortgaged stipulation to contrary is void
1. Pactum commisorium not allowed
1. Property is mortgaged
2. There is stipulation for automatic appropriation
1. Discharge
Execute public document canceling or releasing mortgaged in
form prescribed by law
Present instrument with Register of Deeds where land lies
together with owners duplicate for registration
Memorandum of cancellation is annotated on duplicate &
original
When Mortgagor Dies
1. Abandon security & prosecute his claim by sharing in general
distribution of assets of the estate
2. Foreclose mortgage by making executor party defendant
3. Foreclose it in due time
Parties in Foreclosure Suit: all persons claiming interest
subordinate in right to mortgagee
Action to Foreclose: Prescribes in 10 years (written contract)
Venue: Per stipulation or in absence thereof, where the property
lies
Foreclosure
1. JUDICIAL
Mortgagee to petition in court for foreclosure
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
Notice & Publication
Public auction: sale to highest bidder
Sheriff to issue certificate confirming judicial foreclosure
File with Register of Deeds final decree of court confirming sale
Memo entered in certificate of title
If right of redemption exist, certificate of title of mortgagor
not to be cancelled but memorandum shall be entered upon the
certificate duplicate & original
After expiry of 1 year redemption period & no redemption, title
is consolidated to new owner
Purchaser to be entitled to new certificate of title &
memorandum endorsed on mortgage deed
If there is redemption, memorandum to be annotated on
certificate of title
2. EXTRA-JUDICIAL
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 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 Register of Deeds:
1. 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
2. Present in Register of Deeds where land lies
3. Memorandum on back of certificate is made
4. After expiration of 1 year of redemption period title is
consolidated if no redemption exercised: purchaser to file with
Register of Deeds the deed of sale & sworn statement attesting
to fact that there is no redemption
5. New certificate of title issued in favor of vendee
6. If redeemed notice of redemption shall be registered &
accomplished by way of memorandum on proper certificate of
title
Right of Redemption
Payment of purchase price plus 1% per month plus taxes if paid
by purchaser
To be exercised within 1 year after registration of sale
Right to Deficiency allowed
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. Register of Deeds enters in DAY BOOK in strict order of their
presentation chattel mortgages & other instruments relating
thereto (primary process)
4. Register of Deeds 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. Mortgaged 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

CHAPTER 10: CHATTEL MORTGAGE Assignment of Mortgage

No need to be registered, permissive only & not mandatory
Chattel Mortgaged personal property is registered with Register
Cancellation of Chattel Mortgage
of Deeds to secure performance of an obligation
Subject Matter: movables
8
 Mortgagee to execute a discharge of the mortgage in manner When Prohibition in Mortgaged Property as regards Subsequent
provided by law Conveyances, etc.: Leasehold cannot be registered in the title
Foreclosure of Mortgage thereof.
The must first be non-payment & at least 30 days have elapsed Effect of Registration:
since then 1. Creates a real right but without prejudice to rights of
Alternatives: 3rd persons
1. Judicial 2. If not registered valid as between parties but not to
2. Extra-judicial only if there is stipulation/authority 3rd persons without notice
Procedure in Foreclosure Registration lessor not required to initiate; lessee shall initiate
1. Notice posted for 10 days in at least 2 public places in Aliens:
municipality where property is to be sold designating the time, 1. May be granted temporary rights for residential purposes
place and purpose of sale 2. Limit: 25 years, renewable for another 25 years
2. Mortgagor is notified in writing at least 10 days before sale
Who Else May Register: Builder in Good Faith
3. Public auction
4. 30 days after sale, officer makes a return & file with Register of
Deeds where mortgage has been recorded
5. Officers return operates as a discharge of the lien created by CHAPTER 12: TRUSTS & POWERS OF ATTORNEY
the mortgage Trust obligation of a person to whom legal title to property is
6. Proceeds to be applied: transferred to hold the property according to confidence reposed
7. Cost of sale
in him
8. Amount of obligation
2 Kinds:
9. Subsequent mortgages
1. Expressed need to be in writing; cannot be proved by parole
10. Balance mortgagor
evidence
Recovery of Deficiency: Allowed
2. Implied exist by operation of law; can be proved by parole
evidence
3. Property is bought but paid by another party
4. Donation is made but donee have no beneficial interest thereon
CHAPTER 11: LEASE
5. Price of sale of property is loaned & conveyance is made to
Lease one of parties deliver possession of property to another
lender to secure fulfillment of loan
who is obliged to pay rent for use of such property.
6. Land passes by succession to a person but legal title is put in
Registration of Lease
anothers name
1. File with Register of Deeds the instrument creating lease
7. 2 persons purchase property but placed only in ones name
together with Owners Duplicate of certificate of title
8. Guardian uses funds of ward to buy property
2. Register of Deeds to register by way of memorandum upon
9. Property is acquired thru mistake or fraud
certificate of title
3. No new certificate shall be issued
9
Power of Attorney authority granted to a person to dispose ones
property.
Trust Differentiated from Power of Attorney
1. Trust has 3 parties while power of attorney has 2 parties
2. Trust is for benefit of 3rd party while power of attorney is for
benefit of principal
Registration of Trust
1. Sworn statement claiming interest by reason of an implied trust
with description of land & reference to number of certificate
shall be registered in Register of Deeds
2. Provided not prohibited to do so by instrument creating the
trust
Appointment of Trustee by Court
Certified copy of decree shall be presented to Register of Deeds
& surrender duplicate certificate
Cancel duplicate & new certificate shall be entered by Register
of Deeds
ACTION FOR RE-CONVEYANCE BASED ON IMPLIED TRUST
Prescribes in 10 years
If acknowledged in written form becomes express trust
prescribes upon repudiation
CHAPTER 13: INVOLUNTARY DEALINGS WITH REGISTERED LAND
Involuntary Dealings transactions affecting land in which
cooperation of registered owner is not needed: it may even be
against his will
Attachment
A writ issued at the institution or during progress of an action
commanding the sheriff to attach the property, rights, credits
or effects of the defendant to satisfy demands of the plaintiff
Kinds:
1. Preliminary
2. Garnishment
3. Levy on execution
Registration of Attachment / Other Liens
1. Copy of writ in order to preserve any lien, right or attachment
upon registered land may be filed with Register of Deeds where
land lies, containing number of certificate of title of land to be
affected or description of land
2. Register of Deeds to index attachment in names of both
plaintiff & defendant or name of person whom property is held
or in whose name stands in the records
3. If duplicate of certificate of title is not presented:
4. Register of Deeds shall within 36 hours send notice to
registered owner by mail stating that there has been
registration & requesting him to produce duplicate so that
memorandum be made
5. If owner neglects or refuses Register of Deeds shall report
matter to court
6. Court after notice shall enter an order to owner to surrender
certificate at time & place to be named therein
4. Although notice of attachment is not noted in duplicate,
notation in book of entry of Register of Deeds produces effect of
registration already.
Effect of Registration of Attachment:
1. Creates real right
2. Has priority over execution sale
3. But between 2 attachments one that is earlier in registration
is preferred
4. If not registered actual knowledge is same as registration
Duty of Register of Deeds
Basically ministerial but may refuse registration in ff
circumstances:
1. Title to land is not in the name of defendant
2. No evidence is submitted to show that he has present or
possible future interest in land
3. Unless: heir
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Properties Exempt From Execution: Family Home
Attachment How continued, reduced or discharged
Any method sufficient in law
Document to be registered
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
Register of Deeds 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 Register of Deeds
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
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
Any party may petition in court to cancel adverse claim
Court to grant speedy hearing
If adverse claim is adjudged invalid may be cancelled
5. No 2nd adverse claim based on same ground shall be registered
by same claimant
CHAPTER 14: REGISTRATION OF LIS PENDENS
Purpose: keep subject matter within the power of the court until
the entry of final judgment
Therefore creates merely a contingency & not a liens
Effect of Registration:
1. Impossibility of alienating the property in dispute during the
pendency of the suit may be alienated but purchaser is
subject to final outcome of pending suit
2. Register of Deeds duty bound to carry over notice of lis
pendens on all new titles to be issued
Cancellation of Lis Pendens:
11
 1. Before final judgment court may order cancellation after
showing that notice I sonly for purpose of molesting an adverse
party or it is not necessary to protect rights of party who
caused it to be registered
2. Register of Deeds may also cancel by verified petition of party
who caused such registration
3. Deemed cancelled when certificate of clerk of court stating
manner of disposal of proceeding is registered
Notice of Lis Pendens is an Involuntary Transaction
Sufficient that there is entry in day book
Other Parties who Need to Register:
1. ASSIGNEE IN INVOLUNTARY PROCEEDING FOR INSOLVENCY
Duty of the officer serving notice to file copy of notice to
Register of Deeds where the property of debtor lies
Assignee elected or appointed by court shall be entitled to
entry of new certificate of registered land upon presentment of
copy of assignment with bankrupts certificate of title
(duplicate)
New certificate shall not that it is entered to him as assignee or
trustee in insolvency proceedings
Judgment / Order Vacating Insolvency Proceedings
Order shall also be registered
Surrender title issued in name of assignee & debtor shall be
entitled to entry of new certificate
2. GOVERNMENT IN EMINENT DOMAIN
Copy of judgment file in Register of Deeds which states
description of property, certificate number, interest
expropriated, nature of public use
Memorandum shall be made or new certificate of title shall be
issued
CHAPTER 15: TRANSMISSION BY DESCENT AND DEVISE
When Owner of Property Dies testate or intestate,
Administrator shall file with Register of Deeds 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 Register of Deeds
Each owner to gave 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
3. Decedent died intestate
4. No debts
5. Heirs are all of legal age, or minors represented by guardian
Heirs to execute public instrument to be filed with Register of
Deeds
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 Register of Deeds
If there is 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
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 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 Register of Deeds a certified copy
of his letters of administration or the will if there is a will in
order that Register of Deeds 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
CHAPTER 16: ASSURANCE FUND
State creates a fund for the compensation of persons injured by
divesting/cutting off of rights due to the indefensibility of title;
following that act of registration is operative act by which
State transfers title; created to relieve innocent persons from
harshness of doctrine that certificate of title is conclusive
evidence of an indefeasible title to land.
Upon entry of certificate in name of owner or TCT, of 1%
shall be paid to Register of Deeds 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 P+I aggregates to 500,000, excess shall be paid to the
Assurance Fund; annual report of Treasurer to Secretary of
Budget.
Who is Entitled:
1. 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
2. No negligence attributable to him
3. Claimant is barred from filing action to recover said land
4. Action to recover from assurance fund has not prescribed
Loss/Damages Should Not be Due to Following Reasons:
1. Breach of trust
2. Mistake in resurvey resulting in expansion of area in certificate
of title
Loss/Damages Should be Due to the Following Reasons:
1. Omission, mistake, misfeasance of Register of Deeds or clerk of
court
2. Registration of 3rd persons as owner
3. Mistake, omission, misdescription in certificate of title,
duplicate or entry in books
4. Cancellation
Against whom Action is Filed:
1. Action due to deprivation of land due to mistake, negligence,
omission of Register of Deeds, etc Register of Deeds and
National Treasurer as defendants; Sol-Gen must appear
2. Private persons involved should also be impleaded
Liability:
1. Satisfy claims from private persons first
2. When unsatisfied secondary liable is the National Treasurer
who shall pay thru assurance fund; thereafter Government shall
be subrogated to rights of plaintiff to go against other parties
or securities
Measure of Damages:
Based on amount not greater than fair market value of land
Amount to be recovered not limited to 500,000 which is
maintained as standing fund
If fund is not sufficient, National Treasurer is authorized to
make up for deficiency from other funds available to Treasury
even if not appropriated
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Where and When to File Action against Assurance Fund:
1. Any court of competent jurisdiction RTC in city where
property lies or resident of plaintiff
2. Action prescribes in 6 years from time plaintiff actually
suffered loss
3. If plaintiff is minor, insane or imprisoned has additional 2
years after disability is removed to file action notwithstanding
expiration of regular period
CHAPTER 17: PETITIONS AND MOTIONS AFTER ORIGINAL
REGISTRATION
1. Lost Duplicate Certificate
Sworn statement that certificate is lost to be filed by person in
interest with Register of Deeds
Petition to court for issuance of new title
After notice and hearing court to order issuance of new title
with memorandum that it is issued in place of lost certificate
(duplicate)
If false statement: complex crime of estafa thru falsification of
public document
2. Adverse claim in registered land
Whoever claims a better right or interest in a land adverse to
the registered owner shall make written statement alleging his
right, how and when acquired with description of land
Statement to be signed and sworn to
Entitled to registration as adverse claim noted on certificate
of title
If there is petition speedy hearing, determine validity of
adverse claim
May be cancelled without court order; effective only for 30
days
After cancellation, no adverse claim on same ground may be
registered by same claimant
1. Adverse to registered owner
2. Arises after original registration
3. Cannot be registered under provisions of land registration act
To be made on original certificate, to the duplicate is not
necessary because no access
Contracts of lease, contract to sell but prescription and money
claims are not allowed
Purpose: measure designed to protect the interest of a person
over a property where registration is not provided for by the
land registration act; serve as notice and warning to persons
subsequently dealing on said land
Different with lis pendens: permanent; can only be removed
after hearing is done but adverse claim is only for 30 days: lis
pendens notice that property is in litigation; adverse claim;
somebody is claiming better right
Recent ruling: adverse claim can only be removed upon court
order
3. Petition Seeking Surrender of Duplicate Title
In voluntary and involuntary conveyances when duplicate
cannot be produced, petition in court may be filed to compel
surrender of certificate of title duplicate to Register of Deeds
After hearing, may order issuance of new certificate and annul
the old certificate; new certificate shall contain annotation re
annulment of old certificate
4. Amendment and Alteration of Certificate of Title
A certificate of title cannot be altered, amended except in
direct proceeding in court; summary proceeding
Entries in registration books also not allowed to be altered
except by order of the court
Grounds:
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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. Alteration which do not impair rights and
2. Alteration which impair rights with consent of all parties
3. Alterations to correct obvious mistakes
5. Reconstitution of original certificate of tile
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 cons 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
Register of Deeds
Lack of essential data fatal
6. Transaction evidenced by lost document how registered
Register of Deeds 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, Register of Deeds, 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
5. Forging of seal in Register of Deeds, name, signature or
handwriting of any officer of court of Register of Deeds
6. Fraudulent stamping or assistance in stamping
7. Forging of handwriting, signature of persons authorized to sign
8. Use of any document which an impression of the seal of the
Register of Deeds is forged
9. 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
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Public Lands all lands owned by the government Under the Constitution:
Inalienable and alienable 1. Agricultural only one subject to alienation
Inalienable public domain: timber and miner lands 2. Forest or timber
Alienable/ Disposable public agricultural land 3. Mineral lands
Public land may be alienated, conveyed to private person. 4. National park
Procedure: Under the Public Land Act:
1. Official issuing instrument of conveyance to issue instrument 1. Alienable/disposable
2. File instrument with Register of Deeds 2. Agricultural
3. Instrument to be entered in books and owners duplicate to be 3. Residential, commercial, industrial
issued 4. Educational, charitable
4. Instrument only contract between Government and private 5. Town sites and for public and quasi-public uses
person and does not take effect as conveyance if unregistered, 6. Timber lands inalienable
it is registration which is operative act of conveying land; 7. Mineral lands inalienable
evidence of authority for Register of Deeds to register If patent or title is issued void ab initio for lack of jurisdiction
5. Fees to be paid by grantee Not subject to acquisitive prescription; even if in possession for
6. After issuance of certificate of title, land is deemed registered long time, will not ripen into ownership
land within the purview of the Torrens system Except: mineral lands and forest lands acquired before
Nature of Title to Public Lands conveyed: Indefeasible and inauguration of Commonwealth in November 15, 1935; vested
Conclusive rights which are protected.
In absence of registration, title to public land is not perfected Fishponds
and therefore not indefeasible
In case of 2 titles obtained on same date one procured thru Before: included in definition of agriculture, conversion of
decree of registration is superior than patent issued by director agricultural land to fishponds does not change character of land
of lands
2 titles procured by one person one from homestead patent, Now: restricted meaning; fishponds has distinct category; cannot
one from judicial decree & sold to 2 diff persons, one who be alienated but may be leased from government.
bought it for value and in good faith & one who register first Director of Lands
shall have preference. Quasi-judicial officer
Classification of Land of Public Domain: Findings of fact conclusive on higher court with absence of
Classification is exclusive prerogative of executive & not by fraud, mistake other than error of judgment; but not with
judiciary regards to finding of law
Anyone who applies for confirmation of imperfect title has Empowered to alienate and dispose lands
burden of proof to overcome the presumption that the land Modes of Alienating Public Lands:
sought to be registered forms part of public domain (Regalian 1. Homestead settlement
doctrine). 2. Sale

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 3. Confirmation of imperfect or incomplete title
4. Judicial legalization
5. Administrative legalization
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
Confirmation of Imperfect Title:
1. Last extension granted by Government was until December 31,
1987
2. Right made available to person qualified to acquire alienable
and disposable public land thru open, continuous, exclusive,
notorious (OCEN) possession under bonafide claim of ownership
since June 12, 1945.
3. Prior to transfer of sovereignty from Spain to US, have applied
for purchase but did not receive title, without default on their
part provided they have occupied since their application
4. In OCEN possession since June 12, 1945 or earlier
5. Members of cultural minorities in OCEN who has claim of
ownership for at least 30 years
Max Land that can be Applied: 144 hectares
In case of foreigner, sufficient that he is already Filipino citizen
at the time of his application
Corporation who has less 60% Filipino ownership cannot apply
confirmation of imperfect title; can only lease
Persons Competent to Question Land Grant
Persons who obtained title from State or thru persons who
obtained title from State
PATENT
When is Government Grant Deemed Acquired by Operation of
Law:
1. Deed of conveyance issued by government patent/grant
2. Registered with Register of Deeds mandatory: operative act to
convey & transfer title
3. Actual physical possession, open & continuous
Land ceased to be part of public domain & now ownership vests
to the grantee
Any further grant by Government on same land is null & void
Upon registration, title is indefeasible
Title Issued Pursuant to Registration of Patent
1. Indefeasible when registered, deemed incorporated with
Torrens system; 1 year after issuance of patent
2. May not be opened one year after entry by Land Registration
Authority; otherwise, confusion, uncertainty & confusion on
government system, of distribution of public lands may arise &
this must be avoided
Except: annullable on ground of fraud, may be reopened even
after 1 year because registration does not shield bad faith
Court in exercise of equity jurisdiction may direct
reconveyance even without ordering cancellation of title
Aim of Homestead Patent:
Benevolent intention of government to distribute disposable
agricultural land to destitute citizens for their home and
cultivation
As a matter of public policy, may be repurchased even if after 5
years provided not for profit
Right of repurchase not allowed if sold within family & not for
cultivating or living but for speculation purpose
Restrictions:
1. Cannot be alienated within 5 years after approval of application
for patent
2. Cannot be liable for satisfaction of debt within 5 years after
approval of patent application
3. Subject to repurchase of heirs within 5 years after alienation
when allowed already
4. No corporation, partnership, association may acquire unless
solely for commercial, industrial, educational, religious or
charitable purpose or right of way subject to consent of
grantee & approval of Secretary of Natural resources
Exceptions:
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 1. Action for partition because it is not a conveyance In opinion of Phil president pursuant to requirement of public
2. Alienations or encumbrances made in favor of the government interest, title of land within a specified area needs to be
Erred Homesteader not Bared by Pari Delicto settled and adjudicated
Pari delicto rule does not apply in void contract Order Director of Lands to make survey and plan
Violation of prohibition results in void contract Director gives notice to persons claiming interest in lands & to
Action to recover does not prescribe gen public of day of survey published in OG and posted in
Homesteader conspicuous place on lands to be surveyed
If he dies, succeeded by heirs in the application Geodetic engineers commences survey
Legal Restriction in Disposition by Non-Christians (Cultural During survey, boundaries are marked by monuments
MINORITIES) 2. Filing of petition
Conveyance is valid if able to read and can understand After survey and plot been made, Director represented by Sol
language where deed is written Gen institutes cadastral proceeding by filing petition in court
Otherwise, not valid unless approved by Commission on against holders, claimants, possessors, occupants
National Integration Parcel of lots given their cadastral numbers
Safeguard is to protect them against fraud/deceit 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
CHAPTER 20: CADASTRAL REGISTRATION PROCEEDINGS whose address is known & other copies posted in conspicuous
Purpose: place designated bylaw
Another means to bring lands under operation of Torrens 4. Filing of answer
System Any person claiming interest in any part of lands subject to
Ordinary registration is slow for lack of initiative on part of petition is required to file answer
landowners, innovation was conceived to hasten and accelerate Answer must give the ff details:
registration 1. Age of claimant
Government initiates that all lands within a stated region are 2. Cadastral number of lot claimed
up for registration whether or not owners are interested to 3. Name of barrio or municipality where lot is located
settle their titles 4. Name of owners of adjoining lots
Nature of Proceedings: 5. If in possession & without grant no of years in possession
In rem 6. If not in possession state interest claimed
No defendant & no plaintiff 7. If assessed of taxation assessed value
Compulsory 8. Any encumbrances affecting said lots
Procedure: 9. Hearing of case
1. Cadastral survey In any convenient place where land lies
Like an ordinary RTC trial
Conflicting claims are determined
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 Lots claimed are awarded to persons entitles if they could Applicant has
prove title another chance to
If none could prove title land is declared public domain In absence of successful claim is dismissal
claimant, property goes is without
6. Decision As to risk to government prejudice
Claimants are notified of decision
7. Issuance of decree and certificate of title When can Cadastral Proceedings may be Opened
Upon order of court, LRA to enter decree of registration 10 years up to Dec 31, 1968
Decree made basis for issuance of OCT Unable to file their claim even while in possession granted right
Decree are now being directly prepared and issued on to petition for reopening of proceedings provided such were not
regulation forms of such certificate alienated, leased or disposed by government

Nature of Title Covered by 2 Acts: Cadastral Court does not Award Damages, But may Direct Sheriff
Title in good faith & for value to Deliver Possession
Errors in plan does not annul decree of registration Provisions of land registration act applicable to cadastral
Cancellation & correction is permitted proceedings
Land Already Registered
Jurisdiction is limited only to correction of technical errors
Court cannot issue decree on land already decreed
CHAPTER 21: SYSTEM OF REGISTRATION FOR UNREGISTERED
Revision of decree allowed when substantial rights are not
LANDS
impaired; what is prohibited is registered land to be registered
System of registration for unregistered land under the Torrens
again in name of another
System (ACT 3344)
Jurisdiction subsist to all incidental matters
Before: covers voluntary dealings, now includes involuntary
CADASTRAL PROCEEDING COMPARED TO ORDINARY
dealings
REGISTRATION
Effect if prospective; binds 3rd persons after registration but
CADASTRAL ORDINARY yields to better rights of 3rd person prior to registration (limited
Party effect to 3rd parties)
Initiating Government Private Individual Reason: no strict investigation involved
Subsequent dealings also valid if recorded
Subject
Matter Private and Public Private Lands Register of Deeds keeps day book & a register; index system is
also kept
Government does not Procedure:
assert
ownershipInterested only Ownership is 1. Presentment of instrument dealing in unregistered land
Ownership in settlement of titles Asserted 2. If found in order registered
3. If found defective registration is refused writing his reason for
Government undertakes
survey and advances On account of refusal
Survey expenses owner

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