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TheLand Registration Authority


REVIEWER IN LAND General functions
REGISTRATION Issue decrees of registration
(WITH MCQs) Resolve cases elevated en consulta

Exercise supervision over all clerks of


Justice Oswaldo D. Agcaoili court relative to land registration
Philippine Judicial Academy Approve subdivision and consolidation

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Supreme Court plans

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General Principles Functions of the Register of Deeds


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Regalian doctrine: concept, basis Duty to register ministerial
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Doctrine reflected in Constitution Exceptions


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Doubtful questions submitted to LRA via en


Doctrine does not negate native title
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consulta
Advantages of the Torrens system
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Registration does not validate an otherwise
Registration not a mode of acquiring
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invalid instrument
ownership
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Registration is a proceeding in rem


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Registration under PD 1529, Property


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Jurisdiction
RTCs have plenary jurisdiction over
Registration Decree
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Who may apply?


land registration cases
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Under Sec. 14(1) those who have been


But first level courts have delegated
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in open, continuous, exclusive and


jurisdiction where: notorious possession and occupation of A
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The lot sought to be registered is not the and D lands under a bona fide claim of
subject of controversy or opposition; or ownership since June 12, 1945 or earlier.
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Even if contested, the value does not Land need be classified at the time the
exceed P100,000. application for registration is filed.

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Who may apply under PD 1529? Who may apply under PD 1529?
Under Sec/ 14(2) those who have acquired
ownership of private lands by prescription Under Sec. 14(4) those who have
under existing laws acquired ownership of land in any other
Prescritpion applies only where land is already manner provided by law
patrimonial or private in character, i.e.,where
the land has been declared by the government International Hardwood v. University of the
as Philippines
Already A and D, and Republic, rep by Mindanao Medical Center v.
Is no longer needed for public use or public service Court of Appeals

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Who may apply under PD 1529? Private corporations disqualified from


Under Sec. 14(3) those who have holding lands of the public domain except
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acquired ownership of private lands or by lease


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abandoned river beds by right of


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Director of Lands v. IAC and Acme


accession or accretion under existing Plywood
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laws
Vested rights may not be impaired by
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Art. 461, CC land belongs to owners subsequent law
whose lands are occupied by the new course
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Art. 457, CC accretion belongs to riparian


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owner
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Judicial Confirmation of Imperfect Titles


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Principles on accession and accretion


(Sec. 48(b), CA 141 Public Land Act)
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Alluvion - exclusive work of nature


Applicant must show open, continuous,
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Accretion - gradual and imperceptible


exclusive and notorious possession and
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Accretion not automatically registered


occupation of A and D lands, under a
When not registered, the increment mahy bona fide acquisition, since June 12, 1945
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be acquired by third persons Provision extended to national cultural


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Alluvial formation along seashore part of minorities with at least 30 years


the public domain possession

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Registration under RA 8371, Indigenous Opposition


Peoples Rights Act
Oppositor must have interest in the land
Ancestral domains and lands are not parts
General default, special default
of the public domain; they belong in
private ownership to indigenous cultural Absence of opposition does not justify

communities outright registration


Modes of acquisition: (a) native title, or Burden of proof rests on applicant

(b) Torrens title under PD 1529 or CA Government may appeal despite failure to

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141 file opposition

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Under Sec. 14(1), land need be classified Citizenship requirement


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as A and D land at the time the
The following may acquire private lands:
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application for registration is filed


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Filipino citizens
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Under Sec. 14(2), acquisition of ownership


Filipino corporations as defined in Sec. 2,
by prescription applies only to patrimonial
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property of the State Art. XII
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Aliens, but only by hereditary succession
Under Sec. 14(3)
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Rule as to abandoned river beds A natural-born Filipino citizen who has lost
his citizenship under the terms of Sec. 8,
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Rule as to accretion
Art. XII
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Publication, mailing and notice Principles


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Public given notice of initial hearing by Capacity to own land determined as of


the time of its acquisition and not
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(a) publication in OG and newspaper, (b)


registration
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mailing to persons named in the


application and concerned government Aliens may lease private lands
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offices, and (c) posting on the land and A Filipino vendor may recover sold to an
bulleting board
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alien
New publication necessary to include
additional area
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Classification of Lands Evidence of Ownership


Lands of the public domain classified as Proof that land was already classified as
(a) agricultural, (b) timber of forest, (c) A and D land at the time the application
mineral lands, and (d) national parks for registration is filed
Only agricultural lands may be the Proof of open, continuous, exclusive and
subject of alienation notorious possession in concept of owner
Classification of public lands an since June 12, 1945, or earlier
executive prerogative Proof of overt acts of possession, rule in

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case of conflict, payment of taxes

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Non-Registrable Properties
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Judgment and Decree of Registration


Property of public dominion (for public use or
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public service Trial court to decide case within 90 days
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Forest lands (classification descriptive of its legal Only processes received by OSG binding
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nature and not what it actually looks like


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Amunategui v. Director of Forestry) Res judicata applicable to registration


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Watersheds and mangrove swamps (classified as cases (Vencilao v. Vano)
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forest lands Director v. Villareal)
Separate proceeding to enforce judgment
Mineral lands (ownership of land does not extend
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to minerals underneath - Rep. v. Dela Rosa) unnecessary (Topacio v. Banco Filipino)
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Parks and plazas
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Non-Registrable Properties
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Writ of possession may issued against


Military or naval reservations
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Foreshore lands (Republic v. Republic Real Estate


party defeated and anyone adversely
occupying land during the proceedings
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Corporation; Government v. Cabangis)


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Reclaimed lands and submerged areas (Chavez v. Writ of demolition included in the writ of
PEA)
possession by special order of the court
River banks, lakes and creeks (Republic v. Reyes;
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Republic v. Del Rio) Writ does not issue in reconstitution


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Reservations for public and semi-public purposes Refusal to vacate, consequence

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Decree of registration Reconveyance an action in personam


Binds the land and quiets title thereto seeking to transfer property wrongfully
Only after decree is issued by the LRA registered to its rightful owner
that the decision of the court is deemed Requisites: (a) brought by party in
final.
interest after 1 year from issuance of
Land becomes registered only upon
decree (b) registration procured through
transcription of decree (Manotok Realty
actual fraud (c) property has not yet
v. CLT Realty)
passed to innocent purchaser

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Title becomes indefeasible one year after

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entry of decree
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Prescription of action for reconveyance


Remedies of Aggrieved Party
Action based on fraud 4 years
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Review of Decree (Eland Philippines v.
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Garcia, citing Agcaoili) Action based on implied trust 10 years


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Requisites: (a) petitioner must have Action based on void contract


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imprescriptible

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interest in land (b) petition based on
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actual or extrinsic fraud (c) filed within Action to quiet title where plaintiff is in
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one year (d) property has not yet passed possession imprescriptible
to innocent purchaser for value
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But laches may bar recovery
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Extrinsic fraud - fraudulent act of


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Action for Damages


successful party committed outside trial
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Where reconveyance no longer lies,


of a case against defeated party
interested party can file an action for
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preventing the latter from fairly


damages against persons responsible for
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presenting his case


depriving of his right to property
Distinguished from intrinsic fraud
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Action must be brought within 10 years


Illustrative cases
from issuance of the questioned
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certificate of title

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Action for Reversion seeks to restore Recovery from the Assurance Fund a
public land fraudulently awarded and person who sustains loss or damage, or is
disposed of to private individuals or deprived of any land or interest therein by
corporations to the mass of the public the operation of the Torrens system after
domain (Yujuico v. Republic, citing original registration, without negligence
Agcaoili) on his part, is entitled to recover damages
Grounds: all cases where lands of the from the Assurance Fund
public domain are held in violation of the Action must be brought within 6 years

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Constitution from the time right of action accrues

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Annulment of judgments is an
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Action for annulment of judgment and


consequent reversion of public land to the extraordinary remedy in law independent
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State must be filed with the Court of of the case where the judgment sought to
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Appeals under Rule 47


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be annulled was rendered


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Director of Lands has continuing See Rule 47, Rules of Court


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authority to investigate fraudulent
Grounds: (a) extrinsic fraud, filed within
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disposition of public lands
4 years from discovery, and (b) lack of
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Only the Solicitor General may file action


jurisdiction, filed before barred by laches
State not barred by res judicata or
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or estoppel
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estoppel; exception
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Action for Cancellation of Title action Cadastral Registration Proceedings


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initiated by private party usually in a case Purpose to settle and adjudicate title to
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where two titles are issued for the same unregistered lands
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lot The government initiates a cadastral case


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Land does not revert to the State but is to compel claimants in a municipality to
declared as lawfully belonging to the party litigate respective claims of ownership
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whose title is superior over the other Decision declaring land as public land not
a bar to a subsequent action for
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State is also vested with personality to file


this action to protect public interest and confirmation of title to the same land
safeguard Assurance Fund

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Certificate of Title Certificate of Title not Subject to


Serves as indefeasible and conclusive
Collateral Attack
evidence of title to property A certificate of title cannot be altered,

Title refers to that upon which ownership;


modified or cancelled except in a direct
is based, whereas certificate of title is a proceeding filed with the RTC (Manotok
mere evidence of ownership v. Barque)
A direct attack on title proper in a
Mere issuance of title does not foreclose
counterclaim (Leyson v. Bontuyan)

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action to test its validity
Illusgtrative cases

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Statutory Liens Affecting Title


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Voluntary Dealings with Registered


Every registered owner holds title free Lands
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from encumbrances except: (a) liens or
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Act of registration is the operative act to


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rights not required by law to be registered


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convey or affect registered land


(b) unpaid real estate taxes (c) public
Actual notice is equivalent to registration
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highway (d) limitation on the use of

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property under agrarian reform and
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Registration of document ministerial on


public land laws (e) liability to
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the part of the Register of Deeds;
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attachment or levy on execution (f) taking exceptions


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under eminent domain proceedings
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Registered Title Imprescriptible Purchaser in Good Faith one who buys


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Prescription unavailing not only against


property without notice that some other
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registered owner but also his heirs; hence, person has a right or interest in it, and
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right to recover possession is also pays a full and fair price at the time of the
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imprescriptible purchase
Purchaser of registered land is not
But registered owner may be barred from
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recovering possession through laches required to explore further than what the
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title indicates for hidden defects


Illustrative cases
Rule of good faith applies to mortgages

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Generally, a forged deed is a nullity and Writ of Possession an order by which


conveys no title the sheriff is commanded to place a
The innocent purchaser for value is one who person in possession of property
purchases titled land by virtue of a deed Issuance of writ ex parte, summary and
executed by the registered owner himself, not
and ministerial, unless a third party is in
by a forged deed
adverse possession or is not a privy to the
If instrument is forged, even if accompanied
debtor
by owners duplicate certificate, the registered
owner does not lose his title and neither does Order granting writ of possession is final

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transferee acquire right or title to the land and can only be questioned on appeal

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But a forged deed may be the basis of a


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Adverse Claim is registered by filing a


good title in the hands of a bona fide sworn statement with the Register of
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purchaser when the certificate of title has
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Deeds setting forth basis of the claimed


already been transferred from the name of
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right
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the forger or name indicated by the


forger, and while it remained that way, Purpose: to apprise third persons that
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the vendee had a right to rely on what there is a controversy over the ownership
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appeared on the certificate of the land
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Recourse of aggrieved party Adverse claim not ipso facto cancelled


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Illustrative cases after 30 days; separate petition necessary
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Notice of Lis Pendens literally means a


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Mortgages and Leases


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pending suit
Mortgagor must be the owner of the
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property mortgaged Purpose: (a) to protect rights of the party


causing registration, and (b) to advise third
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Mortgage lien is a right in rem which


persons that they deal with the property
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follows property subject to the result of the case


Notice of lis pendens cannot prejudice
When proper and when it is not
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mortgage previously registered


Cancellation proper when filed to molest
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Basic rules on foreclosure (Rural Bank of


adverse party or is not necessary to protect the
Oroquieta v. Court of Appeals) rights of the person causing registration

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Registration of Patents HLURB has quasi-judicial jurisdiction to


Public lands suitable for agriculture can be hear and decide cases, i.e.,
disposed of by (a) homestead, (b) sale, (c) Unsound real estate business practices
lease, and (d) confirmation of imperfect or Claims for refund and other claims filed by
incomplete titles by (1) judicial legalization or lot/unit buyer against owner or developer
(2) administrative legalization (free patent) Cases for specific performance filed by lot/unit

Public land patents when duly registered are buyer against owner or developer
veritable Torrens titles, entitled to all the Appeal is taken to the OP, thence to the CA on a
safeguards relative thereto petition for review

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Illustrative cases

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Foreigners are allowed to purchase
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Prohibited Alienations
Sec. 118 of CA 141 proscribe the alienation or condominium units
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encumbrance of land acquired under a free patent or Any mortgage of the unit or lot requires
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homestead patent within 5 years from the grant of the


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approval of HLURB, otherwise mortgage is


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patent. The policy is to give patentee a place where to


live with his family
void
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After 5 years but before 25 years from the issuance of Failure to develop a subdivision may justify
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the patent, a homestead may be disposed of non-payment of amortizations by lot buyer
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subject to the approval of the DENR Secretary; but Buyer may not be ousted for non-payment
land covered by a free patent may be disposed of after
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5 years
due to failure of subdivision owner to put
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up required improvements
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Subdivision and Condominium Buyers Owner or developer shall:


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Protective Decree (PD 957) Deliver title to buyer upon full payment of lot
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Policy: to afford inhabitants the requirements or unit


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of decent human settlement with ample Redeem outstanding mortgage


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opportunities for improving their quality of life Secure a right of way to a public road

Real estate and condominium businesses must Initiate the organization of a homeowners
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be closely supervised and regulated, and association among buyers and residents
penalties imposed on fraudulent practices and Provide adequate roads, alleys and sidewalks
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manipulations Donate roads and open spaces to city or


municipality where project is located

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MULTIPLE CHOICE QUESTIONS The Regalian doctrine embodies the concept


that (a) all alienable and disposable lands of
The real purpose of the Torrens system of the public domain belong to the State (b) all
registration is (a) to quiet title to land (b) lands not clearly within private ownership
to recognize a valid and subsisting interest presumptively belong to the State (c) all
in land (c) to bar innocent third parties lands not covered by Spanish titles
from claiming an interest in the land (d) to presumptively belong to the State (d) the
furnish a shield for fraud. King is regarded as the true and only source
of title

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In what instances may first level courts


The real purpose of the Torrens system of exercise jurisdiction to hear land registration
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registration is (a) to quiet title to land (b) to cases? (a) Where the application is not the
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recognize a valid and subsisting interest in subject of any adverse claim (b) Where the
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land (c) to bar innocent third parties from assessed value of the land does not exceed
claiming an interest in the land (d) to
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P500,000 as shown in the affidavit of the

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furnish a shield for fraud. applicant or corresponding tax declaration (c)
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Where the land is not contested, or even if
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contested, has an assessed value not


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exceeding P100,000 (d) Where its exercise is
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delegated by the Supreme Court.


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In what instances may first level courts


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The Regalian doctrine embodies the


concept that (a) all alienable and exercise jurisdiction to hear land registration
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disposable lands of the public domain cases? (a) Where the application is not the
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belong to the State (b) all lands not clearly subject of any adverse claim (b) Where the
assessed value of the land does not exceed
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within private ownership presumptively


P500,000 as shown in the affidavit of the
belong to the State (c) all lands not
applicant or corresponding tax declaration (c)
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covered by Spanish titles presumptively Where the land is not contested, or even if
belong to the State (d) the King is
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contested, has an assessed value not exceeding


regarded as the true and only source of P100,000 (d) Where its exercise is delegated
title. by the Supreme Court.

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Opposition to an application for registration of PD No. 892, dated February 16, 1976, has
the title must be based on the right of dominion outlawed Spanish titles as evidence of
or some other real right opposed to the ownership in registration cases. However, (a)
adjudication of the ownership of the applicant. such a title may still be presented in evidence
The following may properly interpose an if accompanied by a survey plan executed
opposition: (a) a homesteader who has not yet
prior to February 16, 1976 (b) such a title may
still be presented if it is in the nature of a
been issued his title but has fulfilled all the
possessory information title (informacion
conditions required by law for the issuance of
possessoria) (c) such a title is absolutely
patent (b) a foreshore lease applicant (c) a sales
barred without ifs or buts (d) such a title may
applicant pending issuance of the order of award

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still be presented in evidence if accompanied
(d) the holder of timber license agreement duly by its English translation.

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approved by the DENR.
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Prevailing jurisprudence states that Section
14(1) of PD No. 1529 merely requires that the
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Opposition to an application for registration of


land sought to be registered is already alienable
the title must be based on the right of dominion
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and disposable at the time the application for
or some other real right opposed to the registration is filed. The basis for the rule is
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adjudication of the ownership of the applicant. that (a) it is only when the land is classified as A
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The following may properly interpose an and D that the State is deemed to have abdicated
its exclusive prerogative over the land (b) it is
opposition: (a) a homesteader who has not yet
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hardly possible to look for witnesses who could

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been issued his title but has fulfilled all the testify as to the status and condition of the land
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conditions required by law for the issuance of on or before June 12, 1945 (c) prior to the
classification of the land as A and D, the land
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patent (b) a foreshore lease applicant (c) a sales


still remains part of the forest zone, hence,
applicant pending issuance of the order of award
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inalienable (d) previous rulings of the Supreme
(d) the holder of timber license agreement duly Court requiring that the land be declared A and
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approved by the DENR. D as of June 12, 1945 are merely obiter dicta.
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Prevailing jurisprudence states that Section 14(1) of


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PD No. 892, dated February 16, 1976, has PD No. 1529 merely requires that the land sought to
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outlawed Spanish titles as evidence of be registered is already alienable and disposable at


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ownership in registration cases. However, (a) the time the application for registration is filed.
such a title may still be presented in evidence The basis for the rule is that (a) it is only when the
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land is classified as A and D that the State is


if accompanied by a survey plan executed deemed to have abdicated its exclusive prerogative
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prior to February 16, 1976 (b) such a title over the land (b) it is hardly possible to look for
may still be presented if it is in the nature of witnesses who could testify as to the status and
a possessory information title (informacion condition of the land on or before June 12, 1945 (c)
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possessoria) (c) such a title is absolutely prior to the classification of the land as A and D, the
land still remains part of the forest zone, hence,
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barred without ifs or buts (d) such a title inalienable (d) previous rulings of the Supreme
may still be presented in evidence if Court requiring that the land be declared A and D as
accompanied by its English translation. of June 12, 1945 are merely obiter dicta.

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The function of the Register of Deeds to Registration is not a mode of acquiring


register instruments affecting registered land ownership. It is simply a procedure (a) to
is ministerial. Accordingly, (a) his duty is
ensure that third parties may not assert any
compellable by mandamus (b) he has no
discretion to determine the intrinsic validity claim or interest in the land thereafter (b) to
of the instrument provided that it is in due establish proof of ones claim of ownership
form (c) his duty is to register the instrument in the land (c) to remove all liens and
without prejudice to a determination of its encumbrances in the land (d) to assure the
validity before the proper forum afterwards claimant a better title than what he actually
(d) his duty is to register the instrument has.

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unless enjoined by the LRA.

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Registration under the Torrens system is a
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The function of the Register of Deeds to proceeding in rem. This means that (a) all
register instruments affecting registered land interested persons are notified of the proceedings
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is ministerial. Accordingly, (a) his duty is and have a right to appear in opposition to the
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compellable by mandamus (b) he has no application for registration (b) the proceeding is
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discretion to determine the intrinsic validity against all known occupants and adjoining owners
of the instrument provided that it is in due of the land (c) the proceeding aims generally to
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form (c) his duty is to register the instrument bar some individual claim or objection so that
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without prejudice to a determination of its certain persons who claim an interest in the land
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validity before the proper forum afterwards are entitled to be heard (d) the proceeding shall be
(d) his duty is to register the instrument based on the generally accepted principles
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unless enjoined by the LRA. underlying the Torrens system.
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Registration under the Torrens system is a


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Registration is not a mode of acquiring proceeding in rem. This means that (a) all
interested persons are notified of the proceedings
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ownership. It is simply a procedure (a) to


and have a right to appear in opposition to the
ensure that third parties may not assert any
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application for registration (b) the proceeding is


claim or interest in the land thereafter (b) to
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against all known occupants and adjoining owners


establish proof of ones claim of ownership of the land (c) the proceeding aims generally to
in the land (c) to remove all liens and bar some individual claim or objection so that
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encumbrances in the land (d) to assure the certain persons who claim an interest in the land
claimant a better title than what he actually
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are entitled to be heard (d) the proceeding shall be


has. based on the generally accepted principles
underlying the Torrens system.

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Only alienable and disposable (A and D) lands of


the public domain may be the subject of
alienation. What acts may be considered sufficient Submerged lands when already reclaimed
to show the prior classification of the land as A from the sea (a) are deemed alienable and
and D? (a) A cadastral survey of a municipality disposable lands (b) become alienable and
where the land is situated preparatory to the filing disposable lands upon a positive act of the
of the petition for cadastral proceedings (b) The government (c) become alienable and
titling under the Torrens system of properties
around the land subject of registration (c) The disposable lands upon a declaration by the
report and recommendation of the District courts to that effect (d) become alienable and
Forester for the release of the property from the disposable when no longer needed for the
unclassified region (d) An executive proclamation easement of flotage or coast guard service.

r
withdrawing from a reservation a specific area

Ba
and declaring the same open for entry, sale or
other mode of disposition.
73 76
es
bl
o

r
R

Ba
Only alienable and disposable (A and D) lands of
an

the public domain may be the subject of Submerged lands when already reclaimed from
alienation. What acts may be considered sufficient the sea (a) are deemed alienable and
es
to show the prior classification of the land as A disposable lands (b) become alienable and
h

and D? (a) A cadastral survey of a municipality


disposable lands upon a positive act of the
bl

where the land is situated preparatory to the filing


C

of the petition for cadastral proceedings (b) The government (c) become alienable and
titling under the Torrens system of properties
o

disposable lands upon a declaration by the

r
around the land subject of registration (c) The courts to that effect (d) become alienable and
R

Ba
report and recommendation of the District
Forester for the release of the property from the disposable when no longer needed for the
an

unclassified region (d) An executive proclamation easement of flotage or coast guard service.
es
withdrawing from a reservation a specific area
h

and declaring the same open for entry, sale or


bl

other mode of disposition.


C

74 77
o

r
R

Ba
an

es
h

bl

One of the distinguishing marks of the Torrens


C

Submerged lands when already reclaimed system is the absolute certainty of the identity of a
from the sea (a) are deemed alienable and
o

registered land. Hence, for purposes of


disposable lands (b) become alienable and registration, and in line with prevailing
R

disposable lands upon a positive act of the jurisprudence, (a) the submission of the tracing
an

government (c) become alienable and cloth plan is mandatory (b) the survey plan and
disposable lands upon a declaration by the technical description must be approved by the
LRA. (c) the submission of a certified copy of the
h

courts to that effect (d) become alienable and


disposable when no longer needed for the blueprint or whiteprint plan as approved by the
C

DENR Regional Executive Director will suffice


easement of flotage or coast guard service.
(d) the submission of a certified copy of the
blueprint or whiteprint plan will suffice if the area
does not exceed the Constitutional limit.
75 78

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One of the distinguishing marks of the Torrens


system is the absolute certainty of the identity of a The notice of initial hearing must be
registered land. Hence, for purposes of published both in the Official Gazette (OG)
registration, and in line with prevailing and in a newspaper of general circulation;
jurisprudence, (a) the submission of the tracing however, the law provides that publication
cloth plan is mandatory (b) the survey plan and in the OG shall be sufficient to confer
technical description must be approved by the jurisdiction upon the court. Pedro, as
LRA. (c) the submission of a certified copy of the applicant, believes that there is no need to
blueprint or whiteprint plan as approved by the publish the notice in the newspaper
DENR Regional Executive Director will suffice anymore.

r
(d) the submission of a certified copy of the

Ba
blueprint or whiteprint plan will suffice if the area
does not exceed the Constitutional limit.
79 82
es
bl
o

r
R

Ba
an

(a) He is correct because the law in express


When is a right to property deemed vested? and unequivocal terms provides that
es
(a) When the right to its enjoyment, present publication in the OG is sufficient (b) Pedro is
h

or prospective, has become the property of a


bl

wrong because practically no one reads the OG


C

particular person (b) When it is no longer anyway (c) Pedro is right because it is not fair
subject to question in any proceeding (c)
o

that he should be unduly burdened by

r
When the property was already released from additional expenses for publication (d) Pedro is
R

Ba
the forest zone at the start of possession in wrong because publication in the newspaper is
an

the concept of owner (d) When it is fixed by part of procedural due process.
a legislative enactment or municipal
es
ordinance.
h

bl
C

80 83
o

r
R

Ba
an

es
h

bl
C

When is a right to property deemed vested? The notice of initial hearing must be
o

(a) When the right to its enjoyment, present published both in the Official Gazette (OG)
or prospective, has become the property of a and in a newspaper of general circulation;
R

particular person (b) When it is no longer however, the law provides that publication
an

subject to question in any proceeding (c) in the OG shall be sufficient to confer


jurisdiction upon the court. Pedro, as
When the property was already released from
applicant, believes that there is no need to
h

the forest zone at the start of possession in


publish the notice in the newspaper
C

the concept of owner (d) When it is fixed by anymore.


a legislative enactment or municipal
ordinance.

81 84

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(a) He is correct because the law in express Section 23 of PD No. 1520 provides: The court
and unequivocal terms provides that shall, within five days from filing of the
publication in the OG is sufficient (b) Pedro is application, issue an order setting the date and
hour of the initial hearing which shall not be
wrong because practically no one reads the OG earlier than forty-five days nor later than ninety
anyway (c) Pedro is right because it is not fair days from the date of the order. The court, in an
that he should be unduly burdened by order dated June 13, 2009, set the initial hearing
additional expenses for publication (d) Pedro is of the case on September 25, 2009. After trial, the
wrong because publication in the newspaper is court rendered judgment in favor of the applicant.
part of procedural due process. On appeal, the OSG contends that the notice of
initial hearing is defective and/or it did not vest

r
the trial court with jurisdiction over the case.

Ba 85 88
es
bl
o

r
R

Ba
Pedro applied for the registration of Lot 1, Psu-
an

4597. The government opposed. After trial (a) The OSG is correct for the initial hearing
judgment was rendered in favor of Pedro. The should have been set not later than September
es
judgment became final. Thereafter, Pedro sold the 11, 2009, or 90 days from June 13, 2009 (b) The
h

land to Jose. Can the government appeal the OSG is correct since the publication of the
bl
C

judgment? (a) No because a final judgment can no notice is jurisdictional (c) The OSG is not
longer be the subject of appeal (b) No because the correct since the issuance and publication of the
o

r
government is already concluded by the notice of initial hearing involve a process in
R

Ba
judgment, having interposed its opposition to the which the applicant has had no participation (d)
an

application for registration (c) Yes because the The OSG is not correct since the notice of initial
government is not bound by the mistakes or errors hearing, as published, already gave sufficient
es
of its agents (d) No because the land is now notice to all interested parties of the actual date
h

transferred to a third person. of hearing


bl
C

86 89
o

r
R

Ba
an

es
h

Pedro applied for the registration of Lot 1, Psu-


bl
C

4597. The government opposed. After trial Section 23 of PD No. 1520 provides: The court
judgment was rendered in favor of Pedro. The shall, within five days from filing of the
o

judgment became final. Thereafter, Pedro sold the application, issue an order setting the date and
hour of the initial hearing which shall not be
R

land to Jose. Can the government appeal the


judgment? (a) No because a final judgment can no earlier than forty-five days nor later than ninety
an

longer be the subject of appeal (b) No because the days from the date of the order. The court, in an
order dated June 13, 2009, set the initial hearing
government is already concluded by the
of the case on September 25, 2009. After trial, the
h

judgment, having interposed its opposition to the court rendered judgment in favor of the applicant.
application for registration (c) Yes because the
C

On appeal, the OSG contends that the notice of


government is not bound by the mistakes or errors initial hearing is defective and/or it did not vest
of its agents (d) No because the land is now the trial court with jurisdiction over the case.
transferred to a third person.
87 90

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(a) The OSG is correct for the initial hearing


should have been set not later than September
Pedro applied for the registration of land
11, 2009, or 90 days from June 13, 2009 (b) The containing 1,000 square meters. He bought
OSG is correct since the publication of the the adjoining lot with an area of 20 square
notice is jurisdictional (c) The OSG is not meters. To bring the additional area under
correct since the issuance and publication of the the Torrens system, what must Pedro do?
notice of initial hearing involve a process in
which the applicant has had no participation (d)
The OSG is not correct since the notice of initial
hearing, as published, already gave sufficient

r
notice to all interested parties of the actual date

Ba
of hearing
91 94
es
bl
o

r
R

Ba
an

Amendments to the application for registration (a) He must withdraw his original application
may be allowed. However, (a) it is not and file a new one to include the additional
es
permissible to make amendments after the area after a consolidation survey (b) He
h

registration of the property has been decreed should file a separate application for the
bl
C

except upon order of the court (b) the additional area (c) He must amend his
amendment is proper only when the inclusion of application to include the additional area
o

r
additional area is very negligible, or smaller subject to the requirements of publication (d)
R

Ba
than the original area (c) the amendment must He should file a separate application for the
an

bear the conformity of the Solicitor General as additional area and thereafter move for the
the counsel for the government in all land consolidation of said application with the
es
registration proceedings (d) the amended survey original application for registration.
h

plan must first be approved by the LRA.


bl
C

92 95
o

r
R

Ba
an

es
h

bl

Amendments to the application for registration


C


may be allowed. However, (a) it is not
Pedro applied for the registration of land
o

permissible to make amendments after the containing 1,000 square meters. He bought
the adjoining lot with an area of 20 square
R

registration of the property has been decreed


except upon order of the court (b) the meters. To bring the additional area under
an

amendment is proper only when the inclusion of the Torrens system, what must Pedro do?
additional area is very negligible, or smaller
h

than the original area (c) the amendment must


bear the conformity of the Solicitor General as
C

the counsel for the government in all land


registration proceedings (d) the amended survey
plan must first be approved by the LRA.
93 96

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(a) He must withdraw his original application The capacity to acquire private land is
and file a new one to include the additional determined by the (a) capacity to convert the
area after a consolidation survey (b) He land to its maximum productivity (b)
should file a separate application for the capacity to acquire public land (c) capacity to
additional area (c) He must amend his proffer well-nigh incontrovertible proof of
application to include the additional area possession since June 12, 1945 or p;rior
subject to the requirements of publication (d) thereto (d) capacity to show full compliance
He should file a separate application for the with the residence and cultivation
additional area and thereafter move for the requirements by oral and documentary
consolidation of said application with the

r
evidence.
original application for registration.

Ba 97 100
es
bl
o

r
R

Ba
Overt acts of possession to show claim of
The capacity to acquire private land is
an

ownership may consist in introducing valuable


improvements on the property like fruit-bearing determined by the (a) capacity to convert the
es
trees. In Republic v. Court of Appeals and Chavez land to its maximum productivity (b)
h

(GR No. L-62680, Nov. 9, 1988), the Court held capacity to acquire public land (c) capacity to
bl

that in a practical and scientific way of planting,


C

(a) it takes only 5 years for coconut trees and 3


proffer well-nigh incontrovertible proof of
possession since June 12, 1945 or prior
o

years for mango trees to begin bearing fruit (b) it

r
takes only 10 years for mango trees and 5 years thereto (d) capacity to show full compliance
R

Ba
for coconut trees to begin bearing fruit (c) it takes with the residence and cultivation
an

only 3 years for coconut trees and 5 years for requirements by oral and documentary
mango trees to begin bearing fruit (d) it takes only
evidence.
es
10 years for coconut trees and 5 years for mango
h

trees to begin bearing fruit


bl
C

98 101
o

r
R

Ba
an

es
h

Overt acts of possession to show claim of


bl

In determining the sufficiency of the


C

ownership may consist in introducing valuable


improvements on the property like fruit-bearing evidence in a registration case, the Supreme
o

trees. In Republic v. Court of Appeals and Chavez Court generally may not re-evaluate the
(GR No. L-62680, Nov. 9, 1988), the Court held findings of fact of the trial and appellate
R

that in a practical and scientific way of planting, courts. The recognized exceptions are: (a)
an

(a) it takes only 5 years for coconut trees and 3 when the findings of fact are conclusions
years for mango trees to begin bearing fruit (b) it
without citation of specific evidence on
takes only 10 years for mango trees and 5 years
h

for coconut trees to begin bearing fruit (c) it takes which they are based (b) when the appellate
only 3 years for coconut trees and 5 years for court, in making its findings, went beyond
C

mango trees to begin bearing fruit (d) it takes only the issues in the case (c) when the petitioner
10 years for coconut trees and 5 years for mango disputes the jurisdiction of the trial court (d)
trees to begin bearing fruit a and b.

99 102

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In determining the sufficiency of the What is the concept of ownership of ancestral


evidence in a registration case, the Supreme domains? (a) Ancestral domains are part the
Court generally may not re-evaluate the lands of the public domain under the concept of
findings of fact of the trial and appellate jura regalia (b) Ancestral domains are the
courts. The recognized exceptions are: (a) private but community property of indigenous
when the findings of fact are conclusions peoples (c) Ancestral domains and all natural
without citation of specific evidence on resources therein belong in private ownership to
which they are based (b) when the appellate indigenous cultural communities based on
court, in making its findings, went beyond native title (d) Ancestral domains are owned by
the issues in the case (c) when the petitioner the State pursuant to Section 2, Article XII

r
disputes the jurisdiction of the trial court (d) which states that all lands and all other natural

Ba
a and b. resources are owned by the State.
103 106
es
bl
o

r
R

The Civil Code provides that accretion


Ba
What is the concept of ownership of ancestral
an


belongs to the owners of the land adjoining domains? (a) Ancestral domains are part the
es
the banks of the river. It is however lands of the public domain under the concept of
h

necessary that the accretion (a) must have jura regalia (b) Ancestral domains are the
bl

taken place for such length of time as to ipso private but community property of indigenous
C

jure convert the same into private ownership peoples (c) Ancestral domains and all natural
o

r
(b) is made through the effects of the current resources therein belong in private ownership to
of the water (c) is formed by the natural
R

Ba
indigenous cultural communities based on
change in the course of the river (d) must native title (d) Ancestral domains are owned by
an

have been formed gradually and the State pursuant to Section 2, Article XII
imperceptibly for a period of not less than 10
es
which states that all lands and all other natural
h

years. resources are owned by the State.


bl
C

104 107
o

r
R

Ba
an

es
h

bl

The Civil Code provides that accretion


C

belongs to the owners of the land adjoining Under the Indigenous Peoples Rights Act
o

the banks of the river. It is however (RA No. 8371), registration under the
necessary that the accretion (a) must have
R

Torrens system of individually-owned


taken place for such length of time as to ipso
ancestral land requires (a) possession for not
an

jure convert the same into private ownership


(b) is made through the effects of the current less than thirty (30) years immediately prior
of the water (c) is formed by the natural to the approval of the law on October 29,
h

change in the course of the river (d) must 1997 (b) possession since June 12, 1945 or
C

have been formed gradually and earlier (c) possession for not less than ten
imperceptibly for a period of not less than 10 (10) years in good faith (d) possession for not
years. less than thirty (30) years.

105 108

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Section 22, PD No. 1529 allows land subject of


registration to be dealt with after the filing of the
Under the Indigenous Peoples Rights Act application and before the issuance of decree
(RA No. 8371), registration under the subject to prescribed procedures. In case of sale,
Torrens system of individually-owned for instance, it is required (a) that the buyer
ancestral land requires (a) possession for not should be made a party to the case (b) that the
less than thirty (30) years immediately prior instrument evidencing the transaction be
to the approval of the law on October 29, presented to the court for appropriate
1997 (b) possession since June 12, 1945 or consideration (c) that the application for
earlier (c) possession for not less than ten registration be amended by substituting the buyer
for the applicant (d) that the buyer must show

r
(10) years in good faith (d) possession for not
proof that he is qualified to register the land in his

Ba
less than thirty (30) years.
name.
109 112
es
bl
o

r
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Ba
Section 22, PD No. 1529 allows land subject of
an

The primary purpose of cadastral proceedings registration to be dealt with after the filing of the
is (a) to determine conflicting claims of application and before the issuance of decree
es
ownership in the area subject of cadastral subject to prescribed procedures. In case of sale,
h

survey (b) to provide a remedy, without any for instance, it is required (a) that the buyer
bl
C

expense on the part of property owners, for the should be made a party to the case (b) that the
correction of errors in the technical description instrument evidencing the transaction be
o

r
of lands already titled so as to conform to the presented to the court for appropriate
R

Ba
cadastral survey (c) to settle and adjudicate consideration (c) that the application for
title to lands (d) to determine the priority or
an

registration be amended by substituting the buyer


relative weight of two or more certificates of for the applicant (d) that the buyer must show
es
title for the same land. proof that he is qualified to register the land in his
h

name.
bl
C

110 113
o

r
R

Ba
an

es
h

bl
C

The primary purpose of cadastral proceedings The duty of the LRA Administrator to issue a
is (a) to determine conflicting claims of decree of registration is ministerial, the
o

ownership in the area subject of cadastral reason being that (a) his refusal would
R

survey (b) to provide a remedy, without any subject him to contempt of court (b) he is an
expense on the part of property owners, for the
an

correction of errors in the technical description officer, and acts upon order, of the court (c)
of lands already titled so as to conform to the the winning party has an absolute right to the
fruits of the verdict (d) the issuance of the
h

cadastral survey (c) to settle and adjudicate


title to lands (d) to determine the priority or decree is an express component of his
C

relative weight of two or more certificates of official functions.


title for the same land.

111 114

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The duty of the LRA Administrator to issue a


decree of registration is ministerial, the Actions for reversion shall be instituted by
reason being that (a) his refusal would the Solicitor General in the name of the
subject him to contempt of court (b) he is an Republic of the Philippines. Reversion is
officer, and acts upon order, of the court (c) proper where defendants title covers (a) land
the winning party has an absolute right to the consisting of alluvial deposits caused by the
fruits of the verdict (d) the issuance of the action of the sea (b) land which had been
decree is an express component of his previously titled through cadastral
official functions. proceedings (c) land subject of irregular

r
reconstitution proceedings (d) land forming

Ba
part of the friar lands estate.

115 118
es
bl
o

r
R

To avail of a petition for review, (a) the


Ba
an

petitioner must allege facts and Actions for reversion shall be instituted by
es
circumstances surrounding the trial which the Solicitor General in the name of the
h

prevented a fair and just determination of the Republic of the Philippines. Reversion is
bl
C

case (b) the petition must be filed within proper where defendants title covers (a) land
sixty (60) days from the finality of the consisting of alluvial deposits caused by the
o

r
decision of the registration court (c) the action of the sea (b) land which had been
R

Ba
petitioner must await the expiration of one previously titled through cadastral
an

year from the issuance of the decree of proceedings (c) land subject of irregular
registration (d) the property has not passed to
es
reconstitution proceedings (d) land forming
h

an innocent purchaser for value. part of the friar lands estate.


bl
C

116 119
o

r
R

Ba
an

es
h

bl

To avail of a petition for review, (a) the


C

Recovery from the Assurance Fund is


petitioner must allege facts and
possible (a) when private defendant is
o

circumstances surrounding the trial which


insolvent (b) when plaintiff failed in his
R

prevented a fair and just determination of the


action for reconveyance (c) when plaintiff is
case (b) the petition must be filed within
an

deprived of any interest in land on account of


sixty (60) days from the finality of the
bringing land under the Torrens system (d)
decision of the registration court (c) the
when the Register of Deeds failed to
h

petitioner must await the expiration of one


exercise due care to forestall fraudulent
C

year from the issuance of the decree of


registration.
registration (d) the property has not passed to
an innocent purchaser for value.

117 120

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Recovery from the Assurance Fund is


possible (a) when private defendant is The burden of proving the status of a
insolvent (b) when plaintiff failed in his purchaser in good faith is discharged (a) by
action for reconveyance (c) when plaintiff is one who asserts that status (b) by invoking
deprived of any interest in land on account of the legal presumption of good faith (c) by
bringing land under the Torrens system (d) proof that the vendor is the true owner of the
when the Register of Deeds failed to property sold (d) by proof that the property
exercise due care to forestall fraudulent was unencumbered at the time of the sale.
registration.

r
Ba 121 124
es
bl
o

r
R

Ba
an

When the deed of sale presented for


registration is forged, (a) the registered The burden of proving the status of a
es
purchaser in good faith is discharged (a) by
h

owner does not lose his title to the land (b)


one who asserts that status (b) by invoking
bl

the transferee can recover damages from the


C

Assurance Fund (c) the transferee can ask the the legal presumption of good faith (c) by
proof that the vendor is the true owner of the
o

r
true owner to execute a deed of sale in his
property sold (d) by proof that the property
R

favor (d) the Register of Deeds should

Ba
elevate the matter to the LRA via en was unencumbered at the time of the sale.
an

consulta.
es
h

bl
C

122 125
o

r
R

Ba
an

es
h

Jose forged the signature of the registered owner,


bl

When the deed of sale presented for Pedro, in a deed of sale purportedly made by the
registration is forged, (a) the registered latter in favor of Mario who paid the full purchse
o

owner does not lose his title to the land (b) price thereof. Is Mario a buyer in good faith? (a) No
R

the transferee can recover damages from the because as a cautious person he should have first
an

Assurance Fund (c) the transferee can ask the determined in the office of the Register of Deeds
who the true owner of the property is (b) No
true owner to execute a deed of sale in his because the forged deed does not convey any valid
favor (d) the Register of Deeds should
h

title (c) Yes because he has paid the full purchase


elevate the matter to the LRA via en price of the land (d) Yes because a buyer of
C

consulta. registered land need not go beyond the four corners


of the title to determine any flaw in the title or
ownership of his vendor.

123 126

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Lot X is registered in the name of Pedro,


Jose forged the signature of the registered owner, married to Maria. Pedro sells the land to Jose
Pedro, in a deed of sale purportedly made by the without the written consent of Maria. May the
latter in favor of Mario who paid the full purchse Register of Deeds refuse registration? (a) Yes
price thereof. Is Mario a buyer in good faith? (a) No
because the sale does not bear the signature of
because as a cautious person he should have first
Maria who is presumed to be a co-owner of the
determined in the office of the Register of Deeds
who the true owner of the property is (b) No land (b) Yes because there is nothing in the deed
because the forged deed does not convey any valid of sale to show that Pedro alone acquired the
title (c) Yes because he has paid the full purchase land in his own right (c) No because the lack of
price of the land (d) Yes because a buyer of consent of Maria is fatal, there being no
registered land need not go beyond the four corners showing that she is incapacitated to give her

r
of the title to determine any flaw in the title or consent to the sale (d) Yes because the deed of

Ba
ownership of his vendor. sale does not bear the signature of Maria.
127 130
es
bl
o

r
R

Ba
Lot X is registered in the name of Pedro,
married to Maria. Pedro sells the land to Jose
an

Pedro sold registered land to an alien. The


sale was not registered. Realizing that the without the written consent of Maria. May the
es
sale is prohibited, Pedro seeks to recover the Register of Deeds refuse registration? (a) Yes
h

land from the alien vendee. Will the action because the sale does not bear the signature of
bl

Maria who is presumed to be a co-owner of the


C

prosper? (a) Yes because the sale is not yet


land (b) Yes because there is nothing in the deed
registered (b) No because both Pedro and the
o

r
of sale to show that Pedro alone acquired the
alien vendee are in pari delicto (d) No
R

Ba
land in his own right (c) No because the lack of
because Pedro is estopped from impugning consent of Maria is fatal, there being no
an

the sale (d) Yes because the prohibition is showing that she is incapacitated to give her
es
designed for the protection of the Filipino consent to the sale (d) Yes because the deed of
h

vendor. sale does not bear the signature of Maria.


bl
C

128 131
o

r
R

Ba
an

es
h

A homesteader is prohibited from alienating the


bl

Pedro sold registered land to an alien. The homestead within five years from the issuance
C

sale was not registered. Realizing that the of the patent pursuant to Section 118 of the
o

sale is prohibited, Pedro seeks to recover the Public Land Act. Which of the following
situations is not covered by the prohibition? (a)
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land from the alien vendee. Will the action


Sale made to the homesteaders own son or
prosper? (a) Yes because the sale is not yet
an

daughter (b) Sale made within the prohibitory


unregistered (b) No because both Pedro and
period but conditioned upon express agreement
the alien vendee are in pari delicto (d) No
h

of the parties that the sale shall not take effect


because Pedro is estopped from impugning until after the expiration of said period (c) Sale
C

the sale (d) Yes because the prohibition is of a portion of the homestead with the
designed for the protection of the Filipino homesteader keeping a reasonable area for
vendor. himself and his family (d) None of the above.
129 132

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A homesteader is prohibited from alienating the Lis pendens refers to the jurisdiction, power or
homestead within five years from the issuance control which a court acquires over the property
of the patent pursuant to Section 118 of the involved in a suit, pending the continuance
Public Land Act. Which of the following thereof and until final judgment. What is the
situations is not covered by the prohibition? (a) purpose of a notice of lis pendens? (a) To fortify
Sale made to the homesteaders own son or the claim of ownership of the party causing the
daughter (b) Sale made within the prohibitory registration thereof (b) To prevent the owner of
period but conditioned upon express agreement the property from alienating it while the case is
of the parties that the sale shall not take effect still pending trial (c) To advise third persons who
until after the expiration of said period (c) Sale purchase the property that they do so at their peril
of a portion of the homestead with the (d) To put the owner on notice that he holds the

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homesteader keeping a reasonable area for property in trust for the person causing the

Ba
himself and his family (d) None of the above. annotation of the lis pendens.
133 136
es
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Lis pendens refers to the jurisdiction, power or
Pedro is the registered owner of land.
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control which a court acquires over the property


Minerals are discovered underneath the involved in a suit, pending the continuance
es
property. Who has the right to exploit the
thereof and until final judgment. What is the
h

minerals? (a) The government has the


purpose of a notice of lis pendens? (a) To fortify
bl

absolute right to exploit the minerals (b)


C

Pedro has the right to exploit the minerals the claim of ownership of the party causing the
registration thereof (b) To prevent the owner of
o

because he is the absolute owner of the land

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(c) Pedro does not have the right to exploit the property from alienating it while the case is
R

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the minerals because he owns the surface still pending trial (c) To advise third persons who
an

area only (d) The government has the right to purchase the property that they do so at their peril
exploit the minerals upon prior expropriation (d) To put the owner on notice that he holds the
es
of the property. property in trust for the person causing the
h

annotation of the lis pendens.


bl
C

134 137
o

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an

es
h

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Pedro is the registered owner of land. To be valid and effective, a notice of lis pendens
C

Minerals are discovered underneath the must be (a) filed simultaneously with the filing
o

property. Who has the right to exploit the


of the action subject of the notice (b) annotated
minerals? (a) The government has the
R

absolute right to exploit the minerals (b) on both the duplicate certificate of title on file
with the Register of Deeds and in the
an

Pedro has the right to exploit the minerals


because he is the absolute owner of the land possession of the registered owner (c)
(c) Pedro does not have the right to exploit approved by the court in the pending case (d)
h

the minerals because he owns the surface annotated on the original duplicate certificate
C

area only (d) The government has the right to of title on file with the Register of Deeds.
exploit the minerals upon prior expropriation

of the property.

135 138

23
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To be valid and effective, a notice of lis May an adverse claim of ownership, based
on prescription and adverse possession, be
pendens must be (a) filed simultaneously with registered over registered land? (a) Yes
the filing of the action subject of the notice (b) because adverse claim aims to protect the
annotated on both the duplicate certificate of interest of the person claiming ownership of
title on file with the Register of Deeds and in the land (b) No because title to registered
the possession of the registered owner (c) land is imprescriptible (c) Yes because the
approved by the court in the pending case (d) adverse claim serves as a notice that the
annotated on the original duplicate certificate adverse claimant has a better right to the land
of title on file with the Register of Deeds. than the registered owner thereof (d) No
because prescription for the acquisition of

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title is never presumed.

Ba 139 142
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An adverse claim is effective for thirty (30)
an

To be valid and effective, a notice of lis days from date of registration. To render the
pendens must be (a) filed simultaneously with adverse claim functus officio, (a) the
es
the filing of the action subject of the notice (b) interested party should formally request the
h

annotated on both the duplicate certificate of Register of Deeds to cancel the same upon
bl
C

title on file with the Register of Deeds and in the expiration of the 30-day period (b) no
the possession of the registered owner (c) action is necessary since the adverse claim
o

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approved by the court in the pending case (d) automatically lapses upon the expiration of
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annotated on the original duplicate certificate the 30-day period (c) the interested party
an

should file a petition in court for the


of title on file with the Register of Deeds.
cancellation of the adverse claim (d) it is
es
necessary to await the final outcome of the
h

case.
bl
C

140 143
o

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an

es
h

May an adverse claim of ownership, based An adverse claim is effective for thirty (30)
bl
C

on prescription and adverse possession, be days from date of registration. To render the
registered over registered land? (a) Yes adverse claim functus officio, (a) the
o

because adverse claim aims to protect the interested party should formally request the
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interest of the person claiming ownership of Register of Deeds to cancel the same upon
the expiration of the 30-day period (b) no
an

the land (b) No because title to registered


land is imprescriptible (c) Yes because the action is necessary since the adverse claim
adverse claim serves as a notice that the automatically lapses upon the expiration of
h

adverse claimant has a better right to the land the 30-day period (c) the interested party
than the registered owner thereof (d) No should file a petition in court for the
C

because prescription for the acquisition of cancellation of the adverse claim (d) it is
title is never presumed. necessary to await the final outcome of the
case.
141 144

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(a) The appeal should be denied because Gan


Reconstitution denotes reconstruction of a
being an alien is disqualified from owning land
lost or destroyed original certificate of title.
in the country (b) Reconstitution should be
The term any other document as a source
ordered because a Torrens title, as a rule, is
of reconstitution may include (a) an order of
irrevocable and indefeasible (c) The appeal
the court for the issuance of the decree (b) an
should be dismissed since petitioner has lost
approved survey plan and technical
his right to the land on the ground of laches
description of the land (c) a certification by
(d) Reconstitution should be ordered because a
the LRA that a decree of registration was in
Torrens title cannot be collaterally attacked.
fact issued (d) none of the above.

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Ba 145 148
es
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an

Reconstitution denotes reconstruction of a Petitioner Gan Tan, a Chinese citizen, lost


his Torrens title when his house was burned
lost or destroyed original certificate of title.
es
in 1995. He filed a petition for
h

The term any other document as a source reconstitution in 2004. The court denied the
bl

of reconstitution may include (a) an order of petition on the basis of a BID certification
C

the court for the issuance of the decree (b) an submitted by the OSG that petitioner is a
Chinese, hence his title is null and void. In
o

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approved survey plan and technical
case Gan appeals, how should the case be
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description of the land (c) a certification by

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resolved?
the LRA that a decree of registration was in
an

fact issued (d) none of the above.


es
h

bl
C

146 149
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an

es
h

bl

Petitioner Gan Tan, a Chinese citizen, lost (a) The appeal should be denied because Gan
C

his Torrens title when his house was burned being an alien is disqualified from owning land
o

in 1995. He filed a petition for in the country (b) Reconstitution should be


reconstitution in 2004. The court denied the ordered because a Torrens title, as a rule, is
R

petition on the basis of a BID certification irrevocable and indefeasible (c) The appeal
an

submitted by the OSG that petitioner is a


Chinese, hence his title is null and void. In should be dismissed since petitioner has lost
case Gan appeals, how should the case be his right to the land on the ground of laches
h

resolved? (d) Reconstitution should be ordered because a


Torrens title cannot be collaterally attacked.
C

147 150

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Pedro files a petition for administrative (a) The LRA should order outright the
reconstitution but it appears from official cancellation of Lims title and proceed to act
records that the subject property is already on Pedros petition for reconstitution (b) The
covered by an existing Torrens title in the LRA should dismiss Pedros petition pending
name of Lim. Investigation disclosed that the filing by the OSG or the competing
Lim is a Chinese, hence his title is
obviously void. What are the options open claimant of an action before the RTC for the
to the LRA? cancellation of Lims title (c) The LRA
should elevate the matter to the Secretary of
Justice for advisory opinion (d) The LRA
should defer action on Pedros petition

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pending the results of the action to determine

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the validity of Lims title
151 154
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OCT No. 38621 was decreed in the name of
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(a) The LRA should order outright the


Pedro Valdez, married to Lita Marquez.
cancellation of Lims title and proceed to act
es
Because of the loss of the original copy of the
on Pedros petition for reconstitution (b) The
h

title, Pedro petitioned the court for reconstitution.


LRA should dismiss Pedros petition pending
bl

During the pendency of the case, Lita died.


C

the filing by the OSG or the competing Assuming that the petition is substantiated, what
claimant of an action before the RTC for the
o

action should the court take? The court should

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cancellation of Lims title (c) The LRA issue an order of reconstitution: (a) in the name of
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Ba
should elevate the matter to the Secretary of Pedro Valdez, widower (b) in the name of
Justice for advisory opinion (d) The LRA
an

Pedro Valdez, married to Lita Marquez,


should defer action on Pedros petition deceased (c) in the name of Pedro Valdez,
es
pending the results of the action to determine married to Lita Marquez (d) in the name of
h

the validity of Lims title Pedro Valdez.


bl
C

152 155
o

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an

es
h

OCT No. 38621 was decreed in the name of


bl


Pedro files a petition for administrative
C


Pedro Valdez, married to Lita Marquez.
reconstitution but it appears from official
Because of the loss of the original copy of the
o

records that the subject property is already


covered by an existing Torrens title in the title, Pedro petitioned the court for reconstitution.
R

name of Lim. Investigation disclosed that During the pendency of the case, Lita died.
an

Lim is a Chinese, hence his title is Assuming that the petition is substantiated, what
obviously void. What are the options open action should the court take? The court should
to the LRA? issue an order of reconstitution: (a) in the name of
h

Pedro Valdez, widower (b) in the name of


C

Pedro Valdez, married to Lita Marquez,


deceased (c) in the name of Pedro Valdez,
married to Lita Marquez (d) in the name of
Pedro Valdez.
153 156

26
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Is the purchase by a Dutch national of a


If the Register of Deeds is unsure whether or residential unit in a townhouse project constituted
not an instrument affecting registered land is under the Condominium Act valid? (a) No
registrable, what should he do? (a) He should because aliens, whether individuals or
return the document to the registrant for the corporations, are disqualified from acquiring
reformation of the instrument (b) He should public lands, hence, they are also disqualified
ask the registrant to elevate the matter to the from acquiring private lands (b) Yes because for
LRA for the resolution of the issue via en as long as 60% of the members of the
consulta (c) He should himself refer the condominium corporation are Filipinos, the
matter to the LRA for the determination of remaining members can be foreigners (c) Yes
the issue (d) He should advise the registrant because the unit owner is simply a member of the
to file an adverse claim in the meantime

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condominium corporation and the land remains
pending further study and determination of owned by the condominium corporation (d) (b)

Ba
the issue. and (c).
157 160
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If the Register of Deeds is unsure whether or
an

not an instrument affecting registered land is


registrable, what should he do? (a) He should
The owner or dealer who has been issued a
es
return the document to the registrant for the registration certificate is not authorized to
h

reformation of the instrument (b) He should sell any subdivision lot or condominium
bl
C

ask the registrant to elevate the matter to the unit in the registered project unless he shall
LRA for the resolution of the issue via en have first obtained a license to sell the
o

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consulta (c) He should himself refer the project. What is the consequence of the
R

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matter to the LRA for the determination of absence of the license to sell?
an

the issue (d) He should advise the registrant


to file an adverse claim in the meantime
es
pending further study and determination of
h

the issue.
bl
C

158 161
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Is the purchase by a Dutch national of a


bl

residential unit in a townhouse project constituted (a) The absence of a license to sell renders
C

under the Condominium Act valid? (a) No the sale null and void (b) The absence of a
o

because aliens, whether individuals or


license to sell does not affect the validity of
corporations, are disqualified from acquiring
R

the contract if the owner or dealer should


public lands, hence, they are also disqualified
should thereafter secure a license to validate
an

from acquiring private lands (b) Yes because for


the sale (c) The absence of a license to sell
as long as 60% of the members of the
subjects the condominium developer and its
condominium corporation are Filipinos, the
h

remaining members can be foreigners (c) Yes


officers civilly and criminally liable for the
violation (d) The absence of a license to sell
C

because the unit owner is simply a member of the


condominium corporation and the land remains allows the vendee to rescind the contract with
owned by the condominium corporation (d) (b) right to damages.
and (c).
159 162

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(a) The absence of a license to sell renders


The owner or dealer who has been issued a the sale null and void (b) The absence of a
registration certificate is not authorized to license to sell does not affect the validity of
sell any subdivision lot or condominium the contract if the owner or dealer should
unit in the registered project unless he shall should thereafter secure a license to validate
have first obtained a license to sell the the sale (c) The absence of a license to sell
project. What is the consequence of the subjects the condominium developer and its
absence of the license to sell? officers civilly and criminally liable for the
violation (d) The absence of a license to sell
allows the vendee to rescind the contract with

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right to damages.

Ba 163 166
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If only a portion of the land covered by a
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certificate of title is conveyed by the owner, and
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(a) The absence of a license to sell renders the deed of conveyance is presented for
the sale null and void (b) The absence of a inscription, what action should the Register of
es
license to sell does not affect the validity of Deeds take? (a) He shall annotate the deed by
h

way of memorandum on the grantors certificate


the contract if the owner or dealer should
bl

of title, original and duplicate, to serve as a


C

should thereafter secure a license to validate notice to third persons (b) He shall not enter any
the sale (c) The absence of a license to sell transfer certificate to the grantee until a plan of
o

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subjects the condominium developer and its the land showing all the portions or lots into
which it has been subdivided shall have been
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officers civilly and criminally liable for the verified and approved (c) He shall issue a new
violation (d) The absence of a license to sell
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certificate of title to the grantee for the portion


allows the vendee to rescind the contract with conveyed and at the same cancel the grantors
es
right to damages. certificate partially with respect only to the
h

portion conveyed as described in the deed of


bl

conveyance (d) (a) and (b).


C

164 167
o

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an

es
If only a portion of the land covered by a
h

certificate of title is conveyed by the owner, and


bl
C

the deed of conveyance is presented for


The owner or dealer who has been issued a inscription, what action should the Register of
o

registration certificate is not authorized to Deeds take? (a) He shall annotate the deed by
way of memorandum on the grantors certificate
R

sell any subdivision lot or condominium of title, original and duplicate, to serve as a
unit in the registered project unless he shall notice to third persons (b) He shall not enter any
an

have first obtained a license to sell the transfer certificate to the grantee until a plan of
the land showing all the portions or lots into
project. What is the consequence of the which it has been subdivided shall have been
h

absence of the license to sell? verified and approved (c) He shall issue a new
C

certificate of title to the grantee for the portion


conveyed and at the same cancel the grantors
certificate partially with respect only to the
portion conveyed as described in the deed of
conveyance (d) (a) and (b).
165 168

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Pedro decides to sell his property to Jose only to


discover the loss of his owner's duplicate Is the opposition tenable? (a) Yes because
certificate of title covering the same. What initial aliens are disqualified from acquiring lands in
recourse should Pedro take? (a) Report the fact of the Philippines (b) Yes because even privately
loss to the police and then file a petition for
owned unregistered lands are presumed to be
replacement of the lost title before the court (b)
public lands under the principle that land of
Send a notice under oath to the Register of Deeds
of the province or city where the land lies as soon whatever classification belong to the State
as the loss is discovered (c) Promptly file with the under the Regalian doctrine (c) No because the
proper court a verified petition for replacement of land at the time of its acquisition by Pedro is
the lost title (d) Proceed with the documentation deemed already a private land (d) Yes because

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of the sale and then file a petition for replacement industrial lands may only be leased to aliens.

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of the lost title.
169 172
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Pedro decides to sell his property to Jose only to
an

discover the loss of his owner's duplicate In 1995, Pedro, a natural born Filipino,
certificate of title covering the same. What initial bought an agricultural land from Jose who
es
recourse should Pedro take? (a) Report the fact of has been in possession thereof as owner since
h

loss to the police and then file a petition for 1942. Pedro migrated to Canada where he
bl
C

replacement of the lost title before the court (b) acquired Canadian citizenship. He came back
Send a notice under oath to the Register of Deeds to the Philippines in 2010 and applied for the
o

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of the province or city where the land lies as soon registration of the land which is now
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as the loss is discovered (c) Promptly file with the industrial in character. The government
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proper court a verified petition for replacement of opposed alleging that since Pedro is now an
the lost title (d) Proceed with the documentation alien he is not qualified to apply for
es
of the sale and then file a petition for replacement registration.
h

of the lost title.


bl
C

170 173
o

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an

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h

bl
C

In 1995, Pedro, a natural born Filipino, Is the opposition tenable? (a) Yes because
bought an agricultural land from Jose who aliens are disqualified from acquiring lands in
o

has been in possession thereof as owner since the Philippines (b) Yes because even privately
R

1942. Pedro migrated to Canada where he owned unregistered lands are presumed to be
acquired Canadian citizenship. He came back
an

public lands under the principle that land of


to the Philippines in 2010 and applied for the
whatever classification belong to the State
registration of the land which is now
under the Regalian doctrine (c) No because the
h

industrial in character. The government


opposed alleging that since Pedro is now an land at the time of its acquisition by Pedro is
C

alien he is not qualified to apply for deemed already a private land (d) Yes because
registration. industrial lands may only be leased to aliens.

171 174

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Titles generated pursuant to the agrarian


reform program form an integral part of the (a) No, he must file a separate petition in
system of property registration and court to compel surrender of the same to the
ownership. Who has jurisdiction over cases Register of Deeds (b) Yes, this being a
involving the cancellation of registered necessary incident in the main case (c) No,
emancipation patents (EPs), certificates of the rule being that an action to compel the
land ownership award (CLOAs), and other surrender of the owner's duplicate certificate
titles issued under the agrarian reform of title to the Register of Deeds could only be
program? (a) The Secretary of Agrarian filed with the RTC sitting as a land
Reform (b) The Department of Agrarian registration court if there is unanimity among
Reform Adjudication Board (DARAB) (c) the parties, otherwise, it should be threshed

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The ordinary courts of justice (d) The RTC out in an ordinary action (d) Yes to avoid

Ba
acting as a Special Agrarian Court (SAC). multiplicity of suits.

175 178
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Titles generated pursuant to the agrarian
an

reform program form an integral part of the


system of property registration and In an action for specific performance, the court
es
ownership. Who has jurisdiction over cases upheld the sale of the property to the plaintiff
h

involving the cancellation of registered and ordered the defendant vendor to comply
bl
C

emancipation patents (EPs), certificates of with the terms and conditions of the contract.
land ownership award (CLOAs), and other Can plaintiff, in the same case, ask the court to
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titles issued under the agrarian reform compel defendant to surrender the duplicate
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program? (a) The Secretary of Agrarian
certificate of title to the Register of Deeds for
Reform (b) The Department of Agrarian
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Reform Adjudication Board (DARAB) (c) the registration of the sale?


es
The ordinary courts of justice (d) The RTC
h

acting as a Special Agrarian Court (SAC).


bl
C

176 179
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(a) No, he must file a separate petition in


C

In an action for specific performance, the court court to compel surrender of the same to the
o

upheld the sale of the property to the plaintiff Register of Deeds (b) Yes, this being a
necessary incident in the main case (c) No,
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and ordered the defendant vendor to comply


with the terms and conditions of the contract. the rule being that an action to compel the
an

Can plaintiff, in the same case, ask the court to surrender of the owner's duplicate certificate
of title to the Register of Deeds could only be
compel defendant to surrender the duplicate
h

filed with the RTC sitting as a land


certificate of title to the Register of Deeds for registration court if there is unanimity among
C

the registration of the sale? the parties, otherwise, it should be threshed


out in an ordinary action (d) Yes to avoid
multiplicity of suits.

177 180

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Pedro filed a complaint for specific (a) Yes because the mortgage directly and
performance against Jose to compel the latter immediately subjects the mortgaged property
to comply with his contractual obligation to to the fulfillment of Joses loan obligation to
sell to the former the subject property. The Mario (b) No since any lien annotated on
court ruled in favor of Pedro and directed Jose Joses certificate of title shall be carried over
to surrender his owners duplicate certificate of to the new transfer certificate of title of Pedro
title to the Register of Deeds for cancellation (c) No because all subsequent purchasers, like
and issuance of a new title to Pedro. Mario, a Pedro, must respect the existing mortgage on
mortgagee, intervened and objected, alleging the property until fully discharged (d) Yes
that the issuance of title to Pedro will because the issuance of title to Pedro raises
substantially impair his rights and interests as a

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imminent questions on the validity of the
mortgagee. Is Marios objection valid?

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mortgage to the prejudice of Mario.

181 184
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(a) Yes because the mortgage directly and
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immediately subjects the mortgaged property To secure a loan, Pedro mortgaged his titled
to the fulfillment of Joses loan obligation to property to the bank. The mortgage was annotated
es
Mario (b) No since any lien annotated on on the title. Subsequently, Jose, claiming prior
h

Joses certificate of title shall be carried over right of ownership, brought suit in the RTC to
bl
C

to the new transfer certificate of title of Pedro quiet title and to nullify Pedros title. A notice of
lis pendens was annotated on Pedros title. For
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(c) No because all subsequent purchasers, like

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failure of Pedro to pay his loan, the bank
Pedro, must respect the existing mortgage on
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foreclosed and was the successful bidder at
the property until fully discharged (d) Yes
auction. Meantime, the RTC rendered judgment
an

because the issuance of title to Pedro raises


nullifying Pedros title as well as the mortgage to
imminent questions on the validity of the
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the bank. The bank claims that it is a mortgagee
h

mortgage to the prejudice of Mario. and buyer in good faith. Is the bank correct?
bl
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182 185
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Pedro filed a complaint for specific


bl

(a) No because the bank is a transferee


C


performance against Jose to compel the latter
to comply with his contractual obligation to pendente lite, hence the mortgage was
o

sell to the former the subject property. The subject to the results of the pending litigation
R

court ruled in favor of Pedro and directed Jose (b) No because no valid lien can arise from a
an

to surrender his owners duplicate certificate of void title (c) Yes because any subsequent
title to the Register of Deeds for cancellation lien or encumbrance annotated at the back of
and issuance of a new title to Pedro. Mario, a the title cannot affect the mortgage
h

mortgagee, intervened and objected, alleging previously registered (d) No because Pedros
that the issuance of title to Pedro will
C

title was declared void, and the mortgage,


substantially impair his rights and interests as a
mortgagee. Is Marios objection valid? being but an accessory contract, is also void.

183 186

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To secure a loan, Pedro mortgaged his titled


property to the bank. The mortgage was annotated
on the title. Subsequently, Jose, claiming prior
right of ownership, brought suit in the RTC to
quiet title and to nullify Pedros title. A notice of
lis pendens was annotated on Pedros title. For
failure of Pedro to pay his loan, the bank
foreclosed and was the successful bidder at
auction. Meantime, the RTC rendered judgment
nullifying Pedros title as well as the mortgage to

r
the bank. The bank claims that it is a mortgagee

Ba
and buyer in good faith. Is the bank correct?
187
es
bl
o

r
R

Ba
an

(a) No because the bank is a transferee


pendente lite, hence the mortgage was
es
subject to the results of the pending litigation
h

bl

(b) No because no valid lien can arise from a


C

void title (c) Yes because any subsequent


o

lien or encumbrance annotated at the back of

r
the title cannot affect the mortgage
R

previously registered (d) No because Pedros


Ba
an

title was declared void, and the mortgage,


es
being but an accessory contract, is also void.
h

bl
C

188
o

r
R

Ba
an

es
h

bl
C

o
R
an
h
C

32
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