LTD (Serrano Notes)

LTD LECTURE NOTES & REVIEWER
Judge Serrano - Midterm 2010
San Beda College of Law
by: Cancino, Krisyl & Veloso, Pinky

LAND TITLES AND DEEDS If a person will not go away or will not go to some
other places, no one will take his property (land).
MIDTERM REVIEWER
QUESTION: HOW CAN WE HE CONTROL HIS
LAND? Page | 1
This question is answered by the development of
land laws; private land owners can assert rights
LECTURE NOTES #1
because of REGISTRATION (land titles or
June 19, 2010 documents)
HISTORY/ DEVELOPMENT
HOUSE RULES Act # 496
-no excused absences Land Registration Act lasted for 75/77 years
until repealed by P.D. No. 1529 which is the law
-duty: to learn, to study, to pray, to pass! now in force and in effect.
-no going out from class
-no talking Because we live in a society with divergent

interests, there arise disputes
-mentally honest (no cheating/ no coaching)
QUESTIONS:
o Who is the owner of the land?

First 3 Chapters- Lecture
o Who has better right?
Starting Section 14 of P.D. #1529 recitation
o How can third persons be affected?
o What kinds of evidences are required

Next meeting: quiz
to enforce ownership?
Coverage: what has been taken up
These questions are answered in this class.
Critical developments through the

INTRODUCTION advancement of civilization developed
consciousness of land ownership arise the
The subject is about the control over land necessity of protecting the rights of owner
For a person to have exclusive enjoyment of TORRENS SYSTEM OF LAND REGISTRATION

property.
Richard Robert Torrens
However, a person cannot absolutely control a
certain piece of land Current system of land registration
o Persons go to other places Private land ownership did not come from
nowhere.
Thus, there is only temporary control because it
is impossible to physically possess or control There could be a source: who>/ from whom did
large tracts of land. you acquire your land?
1

SOURCE: private land ownership must emanate P.D. No. 1529
from the STATE.
The State is the source of land to the REGALIAN

DOCTRINE. (All lands of the public domain Domination of Spain: Page | 2
belong to the State, which is the source of any
o Private land ownership through GRANTS
asserted right to ownership of land. All lands not
otherwise appearing to be clearly within private
o All lands belong to Spain
ownership are presumed to belong to the State.
All lands not otherwise clearly appearing to be
Exception:
privately-owned are presumed to belong to the
State)
1) Possession of person of
land from time
Secretary of DENR v. Mayor Jose Yap (2008)
immemorial
(predecessors-in-
G.R. No. 167707 Oct. 8, 2008
interest); presumption
that land is private land.
Explained Regalian doctrine.
2) Church/ educational
This is about Boracay Island. properties (the King
decided that he was not
Group of persons build houses/ buildings (of the owner of these
agricultural lands) lands).
The Government said that the Boracay Island is a When Spain entered the Treaty
forest and timberland and remained to be forest of Paris, Spain did not cede the
and timberland, so not agricultural land. lands of the churches; they
continued to be property of the
SC: the lands are inalienable public land; until the RC Church.
government reclassified Boracay Island, it is still
forest and timberland; thus, it cant be acquired Ohcho v. Director of Lands (75 Phils. 89) . . . All
by private persons. lands that were not acquired from the Government,
either by purchase or by grant, belong to the public
Basis: Regalian doctrine (all of public domains domain. An exception to the rule would be any land
belong to the State; State reserves such right that should have been in the possession of an
over such lands. occupant and of his predecessors in interest since
time immemorial, for such possession would justify
The 1935, 1973 & 1987 Constitution applies this the presumption that the land had never been part of
doctrine. the public domain even before the Spanish conquest.
(Cario vs. Insular Government, 212 U.S., 449; 53
All lands not acquired from the government Law. ed., 594.) 20 The applicant does not come under
belong to the State. the exception, for the earliest possession of the lot by
his first predecessor in interest began in 1880.
The state can consider what is alienable or not.
DEVELOPMENT OF LAND LAWS DEFINITIONS
Laws of Indies Land- is the solid part of the surface of the Earth.
Ley Hepo.(Mortgage Law of 1893)

Land Title- is an evidence of right of owner or extent
(until)
of his interest by which he can maintain, control and,
2

as a rule, assert right to exclusive possession and Important to render it a public
enjoyment of property. document
E.g. Transfer Certificate of Title/ Certificate of Title)

Page | 3
Registrable Document
Deed- is a written instrument executed in accordance Cheng v. Genato
with the form prescribed by law where a person
grants or conveys land. Registration- is the entry made in the
Registrar which records solemnly and
Examples: permanently the right of ownership and all
the real rights.
o transfer of title; or
CLASSIFICATION OF PROPERTY
o encumbrance of land; or
Article 414:
o mortgage; or
1. Personal or movable
o lien
2. Real or immovable
Possession is different from Ownership.
Lands:
Possession Ownership
Ex. Lease: Private:
Lessor= Owner
Leasee= Possessor i. consists of all property by
Possession is the holding of a private person either
thing or the enjoyment of a right individual or collectively (Art.
(Article 523 Civil Code) 425: Property of private
ownership, besides the
patrimonial property of the
In order for a DEED TO BE EFFECTIVE State, provinces, cities, and
municipalities, consists of all
REQUISITES: property belonging to private
persons, either individually or
There must be a grantor collectively)
There must be a grantee ii. segregation from public
lands
There must be words of grant (i.e. transfers,
assigns, leases) iii. Article 141: Govt. grants
public agricultural lands
Description of property through various kinds of
patents
Signature of grantor (important: intention to
convey or transfer)
Attested by at least 2 witnesses Already becomes private
land
Acknowledged by a notary public
(Judicial confirmation of title
Sec. 112, PD 1529: [Sec. 48 (b), C.A. 141)
3
Public- not segregated from mass of We are concerned with transaction involving
lands. lands;
i. The Constitution classifies Ownership: how transferred? How lost? Who has
4 classes: better right? Page | 4
1. Forest and 3 DIFFERENT SYSTEMS
timberlands
OF TRANSFERRING LAND TITLE
2. Mineral
1. Production and delivery of conveyance and
3. Agricultural order of grantor to grantee (complete in itself)
4. Reservation 2. Registration or Recording of Deed of

Conveyance (is a public record kept by a public
1935 and 1973 Constitution official)
(only 3 classification)
3. System of Judicial Registration which
Agricultural lands- inalienable/not disposable
provides title of ownership itself (not only
Homestead, sale, donation registration)
Once acquired, can be acquired through

registration under the Torrens Law. CLASSIFICATION OF LAND IN THE PHILIPPINES
MODES
1. Registered Land- covered by the Torrens Title
Ordinary Registration
2. Unregistered Land- not covered by the Torrens
Judicial Confirmation of Title Title
-The need for classification is to determine the mode

Cadastral
of transferring title.
Administrative form of registration
Example of public lands not subject to private Unregistered Land:

ownership; not registrable under Torrens:
Sec.4 Administrative Code (before PD 1529)
Devoted for public use: roads, street
Sec. 113, P.D. 1529 recording of instrument of
Devoted for public service
unregistered land.
Forest and timberlands
Mineral resources SYSTEMS OF REGISTRATION IN THE

PHILIPPINES
Lakes
(Mortgage Law Abolished)
Watershed, etc.
Navigable sea
1. For Registered Lands:
INALIENABLE= NON-REGISTRABLE
PD 1529 (Codified Act; Cadastral Act)
4

2. For Unregistered Lands:
Sec. 113 -Since it is already quite, the land is relived of

unknown liens
Page | 5
-third persons who did not appear are already
barred [except] those provided by law (Sec. 44)
PURPOSES OF LAND REGISTRATION
1. To quite title to land 3. To prevent fraudulent claims

Sec. 31, par. 2: The decree of registration
Sec. 53: Presentation of owner's duplicate
shall bind the land and quiet title thereto,
upon entry of new certificate. No voluntary
subject only to such exceptions or liens as
instrument shall be registered by the Register
may be provided by law. It shall be conclusive
of Deeds, unless the owner's duplicate
upon and against all persons, including the
certificate is presented with such instrument,
National Government and all branches
except in cases expressly provided for in this
thereof, whether mentioned by name in the
Decree or upon order of the court, for cause
application or notice, the same being included
shown.
in the general description "To all whom it may
concern".
The production of the owner's duplicate

Legarda & Prieto v. certificate, whenever any voluntary instrument
is presented for registration, shall be
30 Phil. 390 conclusive authority from the registered owner
to the Register of Deeds to enter a new
certificate or to make a memorandum of
SC: registration in accordance with such
instrument, and the new certificate or
-primary purpose of land registration is to settle memorandum shall be binding upon the
title to land. registered owner and upon all persons
claiming under him, in favor of every
purchaser for value and in good faith.
-title is already unimpeachable
-not subject to another registration
-to put a stop forever to any question to the In all cases of registration procured by fraud,
the owner may pursue all his legal and
legality of the title except claims which are duly equitable remedies against the parties to such
noticed at the time of the registration (that claims fraud without prejudice, however, to the rights
should be duly recorded in the title) of any innocent holder for value of a certificate
of title. After the entry of the decree of
registration on the original petition or
application, any subsequent registration
procured by the presentation of a forged
Corollary to this is the next: duplicate certificate of title, or a forged deed or
other instrument, shall be null and void.

2. To relieve the land of unknown liens, claims,

or burdens, whether just or unjust
-should be read in relation to 6th
Sec. 44: Statutory liens affecting title. Every
registered owner receiving a certificate of title
in pursuance of a decree of registration, and
-Registration is a species of notice because theres a
every subsequent purchaser of registered permanen public record in the Office of Register of
land taking a certificate of title for value and in Deeds.
good faith, shall hold the same free from all
encumbrances
5

-Section 31/32: Once land is already registered under shall be attested and sealed by the Register of
Deeds, endorsed with the file number, and
the Torrens System; All transactions in order to bind copies may be delivered to the person
third persons must be REGISTERED. presenting them.
-WHY? REGISTRATION- is the operative act that Page | 6

binds or affects registered land insofar as third
person are concerned. Certified copies of all instruments filed and
registered may also be obtained from the
Register of Deeds upon payment of the
prescribed fees.
Transaction of land cannot be concealed because it 5. To create indefeasible (indivisible?) and

is registered prevent fraudulent claims. imprescriptible title binding on the whole
world
Ex. Act 1544 first registrant in good faith
registration binds. Sec. 42: Registration Books. The original copy
of the original certificate of title shall be filed in
the Registry of Deeds. The same shall be
4. To establish priority in rights bound in consecutive order together with
similar certificates of title and shall constitute
the registration book for titled properties.
Sec. 56: Primary Entry Book; fees; certified
copies. Each Register of Deeds shall keep a
primary entry book in which, upon payment of Sec. 47: Registered land not subject to
the entry fee, he shall enter, in the order of prescriptions. No title to registered land in
their reception, all instruments including derogation of the title of the registered owner
copies of writs and processes filed with him shall be acquired by prescription or adverse
relating to registered land. He shall, as a possession.
preliminary process in registration, note in
such book the date, hour and minute of
reception of all instruments, in the order in
which they were received. They shall be
regarded as registered from the time so noted,
-Sec. 42: after 1 year of entry of (issuance) of
and the memorandum of each instrument, registry, title becomes conclusive and
when made on the certificate of title to which it incontrovertible title can no longer be defeated by
refers, shall bear the same date: Provided, any other person.
that the national government as well as the
provincial and city governments shall be
exempt from the payment of such fees in
advance in order to be entitled to entry and
registration. -Sec. 47: imprescriptible (title) land registered cant
be acquired by prescription.
6. To provide a means of publication or notice to

Every deed or other instrument, whether third persons
voluntary or involuntary, so filed with the
Register of Deeds shall be numbered and
-species of notice= permanent public records
indexed and endorsed with a reference to the
proper certificate of title. All records and
papers relative to registered land in the office
of the Register of Deeds shall be open to the
public in the same manner as court records, Once transaction is REGISTERED, that serves as
subject to such reasonable regulations as the a CONSTRUCTIVE NOTICE to the whole world.
Register of Deeds, under the direction of the
Commissioner of Land Registration, may
prescribe. LAW ON CONSTRUCTIVE NOTICE
-permanent public records provide source and

information for the status of land
All deeds and voluntary instruments shall be
presented with their respective copies and
6

-there is a presumption that any buyer has already a person sells an estate, the new title has to be
examined the records identical to the old one in terms of description of
lands, except for the owner's name.
Page | 7
-presumed to know facts
Supposing, a registered land subject of sale; the
sale is not registered, who are bound?
-good faith is not a valid defense Only the parties (estoppels by deed)
Heirs, assigns, successors-in-interest (based on
SEC. 32 Review of decree of registration; Relativity)
Innocent purchaser for value. The decree of
registration shall not be reopened or revised Are third persons bound?
by reason of absence, minority, or other
disability of any person adversely affected It depends
thereby, nor by any proceeding in any court
for reversing judgments, subject, however, to
the right of any person, including the o If with actual knowledge of the
government and the branches thereof, conractshe is bound
deprived of land or of any estate or interest
therein by such adjudication or confirmation of
title obtained by actual fraud, to file in the
o K v. Veluz (41 Phil. 604) &
proper Court of First Instance a petition for Consolidated Rural Bank v. CA (448
reopening and review of the decree of SCRA 34)
registration not later than one year from and
after the date of the entry of such decree of
registration, but in no case shall such petition
Third persons are bound
be entertained by the court where an innocent because actual knowledge of the
purchaser for value has acquired the land or transaction is equivalent to
an interest therein, whose rights may be registration.
prejudiced. Whenever the phrase "innocent
purchaser for value" or an equivalent phrase
occurs in this Decree, it shall be deemed to Are there secret girlfriends?
include an innocent lessee, mortgagee, or
other encumbrancer for value. How? To let her know to notify actual
knowledge=registration
Upon the expiration of said period of one year,
the decree of registration and the certificate of 7. To provide stability to land titles
title issued shall become incontrovertible. Any
person aggrieved by such decree of
registration in any case may pursue his
remedy by action for damages against the
applicant or any other persons responsible for
the fraud.

Corollary to this is the MIRROR DOCTRINE (all you
have to do is to rely on the title; It was envisaged REGISTRATION DOES NOT VEST TITLE TO
that a person who was considering purchasing an REGISTRANT
interest in land could find all the information
Ex. OFW went abroad; he left documents to friend;
necessary to make a decision by inspection of the
then the friend registered.
register. That is, the register would be a `mirror' of the
actual state of the proprietor's title, and disclose any
Registration does not vest title, OFW can ask
benefits or encumbrances associated with the title
for reconveyance
Mirror principle - the register (Certificate of Title)
reflects (mirrors) accurately and completely the REGISTRATION MERELY CONFIRMS
current facts about a person's title. This means that, if TITLE
7

If you apply for registration, you proved you Article 172, Civil Code:
are the owner
5 MODES OF ACQUIRING LAND TITLES:
1. Occupation Page | 8
-registration is not a mode of acquiring ownership
2. Intellectual creation the only one not
-it does not cure defect in the contract
applicable to real property
-it does not validate an illegal contract
3. Donation/succession
4. In consequence of contract by
REGISTRATION SHOULD BE ACCOMPLISHED IN tradition/delivery
THE CORRECT SYSTEM OF REGISTRATION
5. Prescription
Ex. Land already registered; Tax Declaration is
unregistered land; land sold to A; A registered it to RECOGNIZED MODES
registration of unregistered land by attachment
creditor; 2nd buyer bought the land from registered 1. Government grant
owner.
2. Adverse possession
2nd buyer has better right because it was
wrong system of registration: invalid/legally 3. Prescription
ineffective registration
4. Reclamation
ORIGINAL REGISTRATION- if first time to be
registered in public record, it is original registration
5. Voluntary transfer
(Original Certificate Of Title)
2 Copies: 6. Involuntary alienation
-Original sa Registry 7. Succession
-To registrant 1. GOVERNMENT GRANT
Whenever public land is conveyed to some

private individual
TRANSFER- is the subsequent registration (Transfer
Certificate)
Regalian doctrine: public grant is granted by the
State
OBJECT OF REGISTRATION: real rights and real There must be a law justifying express or implied
property and interests in the land (e.g. mortgage, grant.
attachment, etc.)
Example:
o C.A. 141 Public Land Act

LECTURE NOTES #2
o Lands of public domain maybe granted to
June 26, 2010
private individual based on different land
patents and qualified beneficiaries.
8

o Homestead patent to titles may be issued Emancipated from bondage of land
o Sales patent Emancipation patent:
o Free patent o serves as authority of the Register of Page | 9

Deeds to register the land
Does not include judicial
registration proceedings; such o may be distinguished by the Title No. (if
patents can be presented to the EP preceding the number registered
Register of Deeds for the first time; but subsequent
transactions no longer carry EP)
Administrative proceedings
RA 6657 (Comprehensive Agrarian Reform Law)
Section 103. Certificates of title pursuant
to patents. Whenever public land is by Certificate of land transfer basis of registration
the Government alienated, granted or
of lands.
conveyed to any person, the same shall
be brought forthwith under the operation
of this Decree. It shall be the duty of the
official issuing the instrument of
alienation, grant, patent or conveyance in 2. ACQUISITIVE PRESCRIPTION
behalf of the Government to cause such
instrument to be filed with the Register of When a person is in possession of land in an
Deeds of the province or city where the
open, continuous, exclusive and notorious
land lies, and to be there registered like
other deeds and conveyance, whereupon possession over a period of time prescribed by
a certificate of title shall be entered as in law.
other cases of registered land, and an
owner's duplicate issued to the grantee. Acquisitive prescription/ Adverse Possession
The deed, grant, patent or instrument of
conveyance from the Government to the
Adverse possession= claiming ownership to land
grantee shall not take effect as a
conveyance or bind the land but shall
operate only as a contract between the Acquisition depends:
Government and the grantee and as
evidence of authority to the Register of o If the possessor is in good faith
Deeds to make registration. It is the act
acquires land after 10 years
of registration that shall be the operative
act to affect and convey the land, and in
all cases under this Decree, registration o If the possessor is in bad faith
shall be made in the office of the acquires land after 30 years
Register of Deeds of the province or city
where the land lies. The fees for
But registered land cant be acquired through
registration shall be paid by the grantee.
After due registration and issuance of the prescription.
certificate of title, such land shall be
deemed to be registered land to all
intents and purposes under this Decree.
3. ACCRETION
Article 440, Civil Code: The ownership of property

PD # 27 (During Martial Law) gives the right by accession to everything which is
produced thereby, or which is incorporated or
Tenants are deemed as owner of land the till. attached thereto, either naturally or artificially.
9

Act of principal producing of thing is attached to Does not apply to FORESHORE LAND
the principal
Gives right to accessory

Foreshore land- land that is bordering or part of the Page |
land during low tide, submerged during high tide. 10
Accretion- anything produced, incorporated, attached
to the land.
If you put materials in said area, there is reclamation
4. RECLAMATION
Alluvium
Reclamation- method of filling, dredging, or other
Avulsion means.
Formation of island That portion of foreshore land is no longer

covered by water givers rise to land only
Change of river the government can claim ownership of
reclaimed areas.
Article 5, R.A. 1866:

Alluvium: Art. 457, CC: To the owners of lands
adjoining the banks of rivers belong the accretion
which they gradually receive from the effects of the
current of the waters. R.A. 1899
Soil is attached to other persons land Allows filling, dredging, docking

because of the current of water.
Who owns? They become the property of the city
Result: area of land increases; owner of the or municipality who made the reclamation.
land bordering the river which deposit is
attached owns the additional area. While it remains with the government, the
government can exercise positive act and declare
The owner of the principal is the owner of the it as alienable and disposable.
accessory
Supposing land is already registered, is the

additional area also registered? Chavez v. Public Estates Authority
o No, technical description of the PD 1084 gave PEA authority to reclaim land; to
property does not include the develop, improve, acquire or sell land. PEA started to
additional area. Therefore, the dispose property. This was questioned.
additional area is unregistered.
Issues:
o The remedy is to apply for
registration under P.D. No. 1529 1. That submerged area of Manila Bay remains
inalienable natural resources of public domain it

10
cant be transferred to other party beyond the 1935 Constitution: private corporations can own
commerce of men public domains they remain owners of land;
they have vested rights of property; if we apply
2. When can it be subject to transfer? The filling of the current Constitution retroactively, it will be a Page |
the submerged areas through the reclamation deprivation of property without due process of
project, in order to be alienable, the government
11
law.
should issue a proclamation that the land is now
alienable.
5. VOLUNTARY TRANSFER
Foreshore lands Common mode
inalienable lands of public domain Can be made by the owner or his agent
cant be reclassified Consent and voluntary intention of the owner is

necessary.
cant be subject of private ownership
Examples:
Regalian doctrine: sea and foreshore areas are
part of public domains; o conveyance in a deed of sale,
Existence of Regalian doctrine from Spanish Law o deed of donation,

of Waters.
o deed of assignment
Must be in from sufficient in law

Conversion of Military Reservation
If it involves land, it should be registered.
(At the time of Ramos) No longer needed for
public service and converted to patrimonial
property or lands which may be alienable.
6. INVOLUNTARY ALIENATION
Example: Fort Bonifacio; Clark Airbase; Subic
Does not require consent/participation of the
Naval Base
owner.
Classified as alienable and disposable.
Examples:
o Seizure
Private Corporations not legally qualified to own land
o Levy on attachment
of public domains
o Levy on execution
1973, 1987 Constitution
Commonly, only lease for 25 years renewable for

another 25 years; 1000 hectares 7. SUCCESSION
11

Acquisition of property rights and obligations of cadastral survey
decedent upon the latters death.
you should file your answer/claim otherwise,
Heirs, legatees, devisees successors youll lose your land
Page |
Voluntary heir- 3. Judicial Confirmation of Title 12
Devise- if real property is given as a gift in the will CA 141, as amended:
Devisee- given the gift judicial and voluntary
Legatee- Section 48 (d), CA 141
4. ADMINISTRATIVE PROCEEDINGS
Section 103. Certificates of title

pursuant to patents. Whenever public
SIGNIFICANCE OF THE MODES OF ACQUIRING land is by the Government alienated,
granted or conveyed to any person, the
LAND TITLES same shall be brought forthwith under
the operation of this Decree. It shall be
Any one of the modes is basis of ownership the duty of the official issuing the
basis of registration instrument of alienation, grant, patent or
conveyance in behalf of the Government
to cause such instrument to be filed with
Provides what we need to establish for voluntary
the Register of Deeds of the province or
land registration city where the land lies, and to be there
registered like other deeds and
But registration is only to confirm ownership conveyance, whereupon a certificate of
title shall be entered as in other cases of
Without these, you cant have your title registered land, and an owner's duplicate
issued to the grantee. The deed, grant,
confirmed; court wont grant. patent or instrument of conveyance from
the Government to the grantee shall not
Sec. 14 (1529) take effect as a conveyance or bind the
land but shall operate only as a contract
between the Government and the
grantee and as evidence of authority to
BASIC LAWS the Register of Deeds to make
registration. It is the act of registration
that shall be the operative act to affect
P.D. No. 1529- judicial and in rem
and convey the land, and in all cases
under this Decree, registration shall be
1. Voluntary Registration (Ordinary) - it is the made in the office of the Register of
owner of the land who applies for registration Deeds of the province or city where the
land lies. The fees for registration shall
2. Compulsory proceeding (Sec. 35, 36, 37, 38) be paid by the grantee. After due
registration and issuance of the
Cadastral: certificate of title, such land shall be
deemed to be registered land to all
intents and purposes under this Decree.
judicial but compulsory
the State will file

Indigenous Peoples Rights Act (IPRA)
12
Involves ancestral domain Must be members of the Philippine Bar
Indigenous people covered by IPRA may apply

for registration of land.
Important functions of the LRA Page |
Judicial and voluntary 13
Section 6. General Functions.
(1) The Commissioner of Land Registration shall have the

following functions:
CHAPTER 2 TORRENS SYSTEM
(a) Issue decrees of registration pursuant to final judgments of the
Devised by Sir Robert Richard Torrens courts in land registration proceedings and cause the issuance by
the Registers of Deeds of the corresponding certificates of title;
English Merchant Shipping Act involved
(b) Exercise supervision and control over all Registers of Deeds
registration of ships; he made/applied it to land and other personnel of the Commission;
registration
(c) Resolve cases elevated en consulta by, or on appeal from
decision of, Registers of Deeds;
Real Property Act of 1857/1858 (?) (d) Exercise executive supervision over all clerks of court and
personnel of the Courts of First Instance throughout the
Philippines with respect to the discharge of their duties and
functions in relation to the registration of lands;
Advantages of Torrens System (e) Implement all orders, decisions, and decrees promulgated
relative to the registration of lands and issue, subject to the
approval of the Secretary of Justice, all needful rules and
Refer to book/s; read and learn regulations therefor;
(f) Verify and approve subdivision, consolidation, and

consolidation-subdivision survey plans of properties titled under
Comparative benefits Act No. 496 except those covered by P.D. No. 957.
Refer to book; read and learn (2) The Land Registration Commission shall have the following
functions:
(a) Extend speedy and effective assistance to the Department of

Agrarian Reform, the Land Bank, and other agencies in the
Which government agency implements? implementation of the land reform program of the government;
LAND REGISTRATION AUTHORITY (EO 292) (b) Extend assistance to courts in ordinary and cadastral land
registration proceedings;
Headed by: Administrator assisted by 2 deputy
administrator (c) Be the central repository of records relative to
original registration of lands titled under the
Torrens system, including subdivision and
Under DOJ
consolidation plans of titled lands.
Its arms (under it) are: various Register of Deeds
in provinces and cities
Headed by: Register of Deeds assisted

Report involving lands subject to land registration
proceedings
by Deputy Register of Deeds
13

Section 8. Appointment of Registers of Deeds and their Deputies
and other subordinate personnel; salaries. Registers of Deeds
shall be appointed by the President of the Philippines upon
Importance of functions: recommendation of the Secretary of Justice. Deputy Registers of
Deeds and all other subordinate personnel of the Registries of
Deeds shall be appointed by the Secretary of Justice upon the
To verify if the decree of the Commissioner/ recommendation of the Commissioner of Land Registration.
Page |
Administrator (decree of registration) is genuine 14
or not, go to LRA The salaries of Registers of Deeds and their Deputies shall be at
the following rates:
For records that are almost destroyed, you can
get it from LRA (1) First Class Registries The salaries of Registers of Deeds in first
class Registries shall be three thousand four hundred pesos per
annum less than that of the Deputy Commissioner.
(2) Second Class Registries The salaries of Registers of Deeds in

Administrator, functions: second class Registries shall be three thousand four hundred
pesos per annum less than those of Registers of Deeds in first
class Registries.
Power/ duty to issue decree of registration
(3) Third Class Registries The salaries of Registers of Deeds in
Issuance in Registry of Deeds of Certificates of third class Registries shall be three thousand four hundred pesos
Titles per annum less than those of Registers of Deeds in second class
Registries.
May resolve cases elevated to him in consulta:

(4) The salaries of Deputy Registers of Deeds and Second Deputy
Registers of Deeds shall be three thousand four hundred pesos
Is the document registrable or not? per annum less than those of their corresponding Registers of
Deeds and Deputy Registers of Deeds, respectively.
Appealable to the Court of Appeals
The Secretary of Justice, upon recommendation of the
Commissioner of Land Registration, shall cause the
Duty to implement order, issue decrees of reclassification of Registries based either on work load or the class
registration of lands, provide rules and of province/city, whichever will result in a higher classification, for
purposes of salary adjustments in accordance with the rates
regulations hereinabove provided.
Section 9. Qualifications of Registers of Deeds and Deputy

Registers of Deeds. No person shall be appointed Register of
Register of Deeds- repository of records in Deeds unless he has been admitted to the practice of law in the
Philippines and shall have been actually engaged in such practice
provinces or cities for at least three years or has been employed for a like period in
any branch of government the functions of which include the
Section 7. Office of the Register of Deeds. There shall be at least registration of property.
one Register of Deeds for each province and one for each city.
Every Registry with a yearly average collection of more than sixty The Deputy Register of Deeds shall be a member of the Philippine
thousand pesos during the last three years shall have one Deputy Bar. Provided, however, that no Register of Deeds or Deputy
Register of Deeds, and every Registry with a yearly average Register of Deeds holding office as such upon the passage of this
collection of more than three hundred thousand pesos during the Decree shall by reason hereof, be removed from office or be
last three years, shall have one Deputy Register of Deeds and one demoted to a lower category or scale of salary except for cause
second Deputy Register of Deeds. and upon compliance with due process as provided for by law.
The Secretary of Justice shall define the official station and Section 10. General functions of Registers of Deeds. The office of
territorial jurisdiction of each Registry upon the recommendation of the Register of Deeds constitutes a public repository of records of
the Commissioner of Land Registration, with the end in view of instruments affecting registered or unregistered lands and chattel
making every registry easily accessible to the people of the mortgages in the province or city wherein such office is situated.
neighboring municipalities.
It shall be the duty of the Register of Deeds to immediately register

The province or city shall furnish a suitable space or building for an instrument presented for registration dealing with real or
the office of the Register of Deeds until such time as the same personal property which complies with all the requisites for
could be furnished out of national funds. registration. He shall see to it that said instrument bears the proper
14

documentary and science stamps and that the same are properly -NO, Sec.55/56: citizenship is required
canceled. If the instrument is not registerable, he shall forthwith
deny registration thereof and inform the presentor of such denial in determines registrability first (private corporations
writing, stating the ground or reason therefor, and advising him of also qualified to own land in the Philippines)
his right to appeal by consulta in accordance with Section 117 of
this Decree. Page |
15
Sec. 10- Function duty to immediately register SECTION 2, PD NO. 1529
application presented for registration of real property
provided it complies with all requisites. Types of Land Registration
If not registrable, write it and the reason of denial 1. General
2. Judicial
Power to determine registrability comply with 3. Administrative

Section 112 (PD 1529) Requisites of Deed such as
the acknowledgment by notary public because only a. Voluntary
public documents may be registered in Register of
b. Compulsory
Deeds.
c. Judicial confirmation
Nature and Character of Functions

Nature of Land Registration Proceedings
Maranga v. Bustillo
Judicial
Ministerial duty provided that the document is
registrable, payment is made, etc. Based on generally accepted principles of
Torrens System
RoD no discretion to deny
In rem (binding on all persons, on the whole
RoD precluded from exercising personal world)
judgment or discretion
How? How do court acquire jurisdiction of
The supposed invalidity of contract is not a valid defendant?
excuse for denying registration.
-summons (impractical)
In determining what is valid: this involves -publication (Sec. 23)
discretion judicial and not ministerial
-Section 26 consequences of publication: To
Questions involving the validity be decided after All Whom it May Concern all persons are
registration (Sec. 52) made party defendants to the case.
Supposing, document provides that Yao Ming,

Chinese (buyer) of land situated in Forbes Park, if
your RoD, will you register? Which court has jurisdiction?
(BP 129 renamed CFI to) RTC
15

Does RTC have exclusive jurisdiction? - Deadline: within or up to December 21, 2020
o No, (Sec. 34), amendment RA 7691 4. Maximum area

SC given authority to assign cases to
- Should not exceed 12 hectares Page |
inferior courts (Sec. 34)
16
o A.O. 6-96-A (Nov. 15, 1995): MTC, etc.
delegated jurisdiction
What cases may be filed before inferior courts? Next week:
Section 34: Chapter 3, 4, 5
cases of land with no controversy Quiz and recitation
case of controversy of land value does not

exceed 100,000 pesos
Where to appeal?
JUDICIAL CONFIRMATION OF INCOMPLETE OR
IMPERFECT TITLE
Court of Appeals Land Registration &
Cadastral Cases
NATURE OF PROCEEDINGS
Judicial
Judicial Confirmation of Incomplete Title In rem- against the whole world
Section 48 (d) of CA 141 LAWS GOVERNING JUDICIAL CONFIRMATION

OF TITLE
- Judicial & in rem
Public Land Act (C.A. 141), as amended, governs
lands of the public domain, except timber and mineral
- Registration proceeding is conclusive and
lands, friar lands, and privately-owned lands which
final reverted to the State.
1. What kinds of lands are covered? Sec. 48 (b), Chapter VIII, of CA 141, as amended
(Public Land Act), provides:
- Alienable and disposable land of public
domain
Sec. 48. The following described
2. Period of possession and occupation of land citizens of the Philippines, occupying lands of
the public domain or claiming to own any such
- Since June 12, 1945 or earlier lands or an interest therein, but whose titles
have not been perfected or completed, may
apply to the Regional Trial Court of the
3. When should application be filed? province or city where the land is located for
confirmation of their claims and the issuance
16

of a certificate of title therefor, under the since June 12, 1945 or prior thereto, or even
Property Registration Decree, to wit:
since time immemorial.
xxx xxx xxx xxx
2. Filipino citizen who by themselves or their
predecessors-in-interest have been prior to Page |
the effectivity of P.D. 1073 on January 25,
(b) Those who by themselves or through their 17
1977, in open, continuous, exclusive and
predecessors in interest have been in the
open, continuous, exclusive, and notorious notorious possession and occupation of
possession and occupation of alienable and agricultural lands of the public domain, under
disposable agricultural lands of the public a bona fide claim of acquisition of ownership,
domain, under a bona fide claim of acquisition for at least 30 years, or at least since
or ownership, since June 12, 1945, except
when prevented by war or force majeure. January 24, 1947.
These shall be conclusively presumed to have
performed all the conditions essential to a 3. Private corporations or associations which
Government grant and shall be entitled to a had acquired lands, formerly part of the
certificate of title under the provisions of this
chapter.
alienable and disposable lands of the public
domain, from Filipino citizens who had
(c) Members of the national cultural minorities possessed the same in the manner and for
who by themselves or through their the length of time indicated in subparagraphs
predecessors-in-interest have been in open, 1 and 2 above.
continuous, exclusive and notorious
possession and occupation of alienable and
disposable agricultural lands of the public 4. Natural-born citizens of the Philippines who
domain, under a bona fide claim of ownership have lost their Philippine citizenship, who
since June 12, 1945, shall be entitled to the have acquired disposable and alienable
rights in subsection (b) hereof.
lands of the public domain from Filipino
citizens who had possessed the same in the
same manner and for the length of time
PERIOD OF FILING OF APPLICATION FOR indicated in subparagraphs 1 and 2.
JUDICIAL CONFIRMATION OF TITLE
The latest extension of the period is until December

31, 2020, within which to file said applications. WHAT APPLICANT MUST PROVE
1. The land is alienable and disposable land of

the public domain, and
LIMITATION OF AREA APPLIED FOR: shall apply
only where the area applied for does not exceed 12 2. His possession must be for the length of time
hectares. and in the manner and concept stated in
Section 48(b) of the Public Land Act, as
amended.
APPLICANTS
By law and jurisprudence, the following may therefore The burden of proof lies with the applicant to prove
apply for judicial confirmation of their imperfect or his positive averments.
incomplete title:
1. Filipino citizens who by themselves or

through their predecessors-in-interest have Sec. of DENR, et al. v. Jose M. Yap
been in open, continuous, exclusive and
notorious possession and occupation of 2 Requirements
alienable and disposable lands of the public
domain under a bona fide claim of acquisition 1. open, continuous, exclusive and notorious
possession and occupation of
17
2. alienable and disposable lands of the public government grant, without the necessity of a
domain certificate of title being issued.
Page |
Possession The land perforce ceases to be of the public domain,
and beyond the authority of the Director of Land 18
- Broader than occupation because it includes Management to dispose of. The application for
constructive possession confirmation is then a mere formality, the lack of
which does not affect the sufficiency of the title as
- When the law adds the word occupation, it would be evidenced by the patent and the
seeks to delimit the all-encompassing effect corresponding Torrens title issued pursuant to such
of constructive possession. patent.
- Taken together with the words open,

continuous, exclusive and notorious, the
word occupation serves to highlight the fact The above provision applies exclusively to public
that for one to qualify under paragraph (b) of agricultural land, which are alienable and disposable.
the aforesaid section (48), his possession of
the land must not be mere fiction.
PRIVATE CORPORATIONS OR ASSOCIATIONS
AS APPLICANTS
Possession is:
Corporations may file for judicial confirmation of title
Open- when it is patent, visible, apparent, notorious (jcot).
and not clandestine;
Continuous- when uninterrupted, unbroken and not

intermittent or occasional; The 1987 Philippine Constitution, Chapter XII, Sec. 3:
Private corporations or associations may not hold
Exclusive- when the adverse possessor can show such alienable lands of the public domain except by
exclusive dominion over the land and an lease, for a period not exceeding twenty-five (25)
appropriation of it to his own use and benefit; and years, renewable for not more than twenty-five years,
and not to exceed one thousand hectares in area.
Notorious- when it is so conspicuous that it is
generally known and talked of by the public or the
people in the neighborhood.
If the land is still part of the alienable and disposable
lands of the public domain at the time a corporation
or association files and application for confirmation of
Use of land is adverse when it is open and imperfect incomplete title thereto or at the time such
notorious. applicant acquired the land from a Filipino citizen,
then the aforequoted constitutional bar lies.
Effect of compliance with requirement

On the other hand, where at the time such
Director of Lands v. IAC: corporation acquired land, its predecessors-in-
interest by exclusive, continuous and adverse
When the conditions as specified in Sec.48 (b) of the possession of the same in the manner and for the
Public Land Act, as amended, are complied with, the period prescribed by law as to entitle him to
possessor is deemed to have acquired, by registration in his name, then the prohibition does not
operation of law (automatic), a right to a grant, apply for the land was no longer public land but
private property.
18
4. The purely accidental

circumstance that
The main point to consider is: w/n the land at the confirmation proceedings
time of the filing is already private/public were brought under the
aegis of a subsequent law Page |
- If public: it cannot apply for jcot which forbids corporations 19
from owning lands of the
- If private: it may validly apply for jcot.
public domain cannot defeat
a right already vested before
that law came into effect, or
Director of Lands v. IAC and Acme Plywood and invalidate transactions then
Veneer Co., Inc. perfectly valid and proper.
The Constitution cannot
impair vested rights.
1. Still, a private corporation
may institute confirmation
5. The objection that ACME is
proceedings under Sec. 48
not qualified to apply for
(b) of the Public Land Act if,
judicial confirmation is
at the time of institution of
technical, rather than
the registration proceedings,
substantial.
the land was already private
land.
2. The correct rule is that PROCEDURAL REQUIREMENT

alienable public land held by
a possessor, personally or Form and contents of application
through his predecessors-in-
interest, openly continuously Sec. 50 of the Public Land Act provides that the
and exclusively for the application for judicial confirmation of imperfect or
prescribed period is incomplete title shall conform as nearly as may be in
converted to private property its material allegations to the requirements of an
by the mere lapse or application under the Land Registration Act, now the
completion of said period, Property Registration Decree.
ipso jure.
3. Since Sec. 48 (b) itself

considers possession of Accordingly, the applicant should state in his
public land which is of the application the material facts and information
character and duration required under Section 15 of said Decree.
prescribed by statute as the
equivalent of an express
grant from the State, then Section 15. Form and contents. The
confirmation proceedings application for land registration shall be in
would in truth be little more writing, signed by the application or the
than a formality, at the most person duly authorized in his behalf, and
sworn to before any officer authorized to
limited to ascertaining administer oaths for the province or city where
whether the possession the application was actually signed. If there is
claimed is of the required more than one applicant, the application shall
character and length of time; be signed and sworn to by and in behalf of
each. The application shall contain a
and registration thereunder description of the land and shall state the
would not confer title, but citizenship and civil status of the applicant,
simply recognize a title whether single or married, and, if married, the
already veste (vested right). name of the wife or husband, and, if the
marriage has been legally dissolved, when
19

and how the marriage relation terminated. It ORDINARY REGISTRATION PROCEEDINGS
shall also state the full names and addresses
of all occupants of the land and those of the
adjoining owners, if known, and, if not known,
it shall state the extent of the search made to
find them. STEPS IN REGISTRATION PROCEEDINGS (SFS-
Page |
TPS-FHP-IEST)
20
(applicable to original registration and confirmation of
CONFIRMATION OF TITLE OVER LAND imperfect or incomplete title)
PREVIOUSLY DECLARED PUBLIC LAND
A judicial declaration (either ordinary or cadatral) that

a parcel of land is public does not preclude even the 1. Survey of land by Land Management Bureau
same applicant from subsequently seeking a judicial or a duly licensed private surveyor;
confirmation of his title to the same land, provided he
thereafter complies with the provisions of Sec. 48 (b), (According to sir) Before filing would be
as amended, and as long as said public land remains preparation.
alienable and disposable.
2. Filing of application for registration by the
applicant;
DISTINCTIONS BETWEEN OLR AND JCT 3. Setting of the date for the initial hearing of
the application by the Court;
(by Judge Serrano)
4. Transmittal of the publication and the date of
ORDINARY LAND JUDICIAL initial hearing with all the documents or other
REGISTRATION CONFIRMATION OF evidences attached thereto by the Clerk of
PROCEEDINGS TITLE Court to the Land Registration Authority
(LRA);
Title to land exist subject Presumption is that the
to confirmation land applied for pertains 5. Publication of a notice of the filing of the
to the State, and that the application and date and place of the hearing
occupants and in the Official Gazette;
possessors only claim an
interest in the same by 6. Service of notice upon contiguous owners,
virtue of their imperfect occupants and those known to have interests
title or continuous, open, in the property by the sheriff;
and notorious possession
7. Filing of answer to the application by any
May be dismissed with or Dismissal is always with person whether named in the court or not;
without prejudice prejudice (res judicata)
8. Hearing of the case by the Court;
(Applicant may re-file
case) 9. Promulgation of judgment by the Court;
If without prejudice, If applicant fails to prove 10. Issuance of the decree by the Court
applicant will not lose the grant as basis of declaring the decision final and instructing
ownership to the confirmation, property is the LRA to issue a decree of confirmation
property declared land of public and registration;
domain and loses
property 11. Entry of the decree of registration in the LRA;
12. Sending of copy of the decree of registration

to the corresponding Register of Deeds; and
20

13. Transcription of the decree of registration in (2) Those who have acquired ownership of
private lands by prescription under the provision of
the registration book and issuance of the existing laws.
owners duplicate original certificate to the
applicant by the Register of Deeds, upon
payment of the prescribed fees. Page |
(3) Those who have acquired ownership of 21
private lands or abandoned river beds by right of
accession or accretion under the existing laws.
A certificate of title issued without fully complying with
the above requisites are thus illegal and invalid and
may be cancelled by the courts.
(4) Those who have acquired ownership of land
in any other manner provided for by law.
SURVEY
(by Judge Serrano) Where the land is owned in common, all the
co-owners shall file the application jointly.
Prepares survey plan

Where the land has been sold under pacto de
Technical description (purpose: to identify retro, the vendor a retro may file an
and describe the landJ) application for the original registration of the
land, provided, however, that should the
period for redemption expire during the
pendency of the registration proceedings and
ownership to the property consolidated in the
Submitted to the Land Management Bureau vendee a retro, the latter shall be substituted
for approval by the Director for the applicant and may continue the
proceedings.
PREPARATION
A trustee on behalf of his principal may apply

APPLICANTS IN ORDINARY REGISTRATION for original registration of any land held in trust
PROCEEDINGS by him, unless prohibited by the instrument
creating the trust.
Section 14. Who may apply. The following

persons may file in the proper Court of First
Instance an application for registration of title
to land, whether personally or through their Who can apply?
duly authorized representatives:
1. Natural persons
2. Juridical persons
(1) Those who by themselves or through their 3. Corporations (under the Constitution must
predecessors-in-interest have been in open, continuous, be 60% owned by Filipinos)
exclusive and notorious possession and occupation of
alienable and disposable lands of the public domain
under a bona fide claim of ownership since June 12,
1945, or earlier.
Sec. 14 (1)
same as judicial confirmation of title under Public

Land Act
21

1. The present possessor may complete the
period by tacking his possession to that of his
Requisites under Sec. 14 (1) grantor or predecessor-in-interest;
2. The present possessor who was also the
possessor at a previous time, is presumed to Page |
1. That the property is an agricultural land of the
have continued to be in possession during
public domain; 22
the intervening time in the absence of proof
2. That it has been classified by a positive act of
to the contrary;
government as alienable and disposable;
3. The first day shall be excluded and the last
3. That the applicant, by himself or through his
day included.
predecessors-in-interest, has been in open,
continuous, exclusive and notorious
possession and occupation of the land in the
concept of owner; and
4. That such possession and occupation is Acquisition of ownership of private lands by
under a bona fide claim of ownership since prescription under existing law- It is not therefore,
June 12, 1945 or earlier. ownership of any kind of immovable acquired by
prescription that may be registered under said
Decree, but only the ownership of private lands.
Alienable and disposable land
Requires that the property sought to be registered as Ex. Lands registered under the Spanish Mortgage
already alienable and disposable at the time of the Law which are not yet covered by a certificate of title
application for registration and not at the time/before by the time of the issuance of PD 1529 on June 11,
applicants possession 1978 and considered as unregistered land: these
lands may be acquired by a person by prescription by
adverse possession against the original grantee.
To prove that the land is alienable: applicant must

establish the existence of a positive act of the
government such as presidential proclamation or an Sec. 14 (3)
executive order.
Article 457, CC: To the owners of
lands adjoining the banks of rivers
belong the accretion which they
gradually receive from the effects of
the current of the waters.
Sec. 14 (2)
Article 1137 of the Civil Code For accretion and alluvion to be registrable, requisites
provides that ownership and other must concur:
real rights over immovables also
prescribe through uninterrupted
adverse possession thereof for thirty 1. That the deposit be gradual and
years, without need of title or of good imperceptible;
faith. 2. That it be made through the effects of the
current of the water;
3. That the land where the accretion takes
place is adjacent to the banks of rivers.
4. That it must be exclusive work of nature and
Rules for 30-year period: not caused by human intervention.
22

2. A mortgagee, or his successor-in-interest to
the mortgage (a lien/encumbrance is not
An accretion from river to registered land does not ownership)
automatically become registered land. As such it 3. An antichretic creditor cannot acquire by
must be placed under the operations of the Torrens prescription the land surrendered to him by Page |
title. the debtor. His possession not in concept of
23
owner but mere holder placed in possession
of the land b its owners; such possession
cannot serve as a title for acquiring dominion.
4. A person or entity whose claim of ownership
Article 461, CC: river beds which are to land had been previously denied in a
abandoned through the natural reivindicatory action, and the right of
change in the course of the waters ownership thereto of another upheld by the
ipso facto belong the owners whose courts, cannot apply for the same land in a
lands are occupied by the new registration proceedings.
course in proportion to the area lost.
However, the owners of lands
adjoining the old bed shall have the FILING
right to acquire the same by paying
the value thereof, which value shall FORM AND CONTENTS OF APPLICATION
not exceed the value of the area
occupied by the new bed. Section 15. Form and contents. The
application for land registration shall be in
writing, signed by the application or the
person duly authorized in his behalf, and
sworn to before any officer authorized to
Sec. 14 (4) administer oaths for the province or city where
the application was actually signed. If there is
more than one applicant, the application shall
Persons or entities acquiring ownership of land by be signed and sworn to by and in behalf of
each. The application shall contain a
other modes may apply for registration of title thereto:
description of the land and shall state the
citizenship and civil status of the applicant,
1. A land reserved, by presidential whether single or married, and, if married, the
name of the wife or husband, and, if the
proclamation, for a certain purpose is not marriage has been legally dissolved, when
subject to entry by any other person or entity and how the marriage relation terminated. It
and no lawful settlement on them can be shall also state the full names and addresses
acquired. The proclamation legally effected a of all occupants of the land and those of the
adjoining owners, if known, and, if not known,
land grant, validly sufficient for initial it shall state the extent of the search made to
registration by the grantee under the PD find them.
1529. Such land grant is constitutive of a fee
simple title or absolute title in favor of said
grantee.
2. Persons or entities to whom a land has been
ceded by the Republic of the Philippines by Section 20. When land applied for borders on
road. If the application describes the land as
law may thus also properly apply for bounded by a public or private way or road, it
registration of title thereto. shall state whether or not the applicant claims
any and what portion of the land within the
limits of the way or road, and whether the
applicant desires to have the line of the way or
road determined.
Persons who cannot properly file an application
for registration of land
Section 21. Requirement of additional facts

1. A public land sales applicant
and papers; ocular inspection. The court may
require facts to be stated in the application in
23

addition to those prescribed by this Decree Section 16. Non-resident applicant. If the
not inconsistent therewith and may require the applicant is not a resident of the Philippines,
filing of any additional paper. It may also he shall file with his application an instrument
conduct an ocular inspection, if necessary. in due form appointing an agent or
representative residing in the Philippines,
giving his full name and postal address, and
shall therein agree that the service of any
Page |
legal process in the proceedings under or 24
growing out of the application made upon his
The application shall contain the following: agent or representative shall be of the same
legal effect as if made upon the applicant
within the Philippines. If the agent or
1. Description of the land applied for, together representative dies, or leaves the Philippines,
with the buildings and improvements thereon, the applicant shall forthwith make another
if any. The plan duly approved by the appointment for the substitute, and, if he fails
Director of Land Management Bureau, and to do so the court may dismiss the application.
technical descriptions of the land applied for,
must be attached to the application. (All
these are produced in the 1st step: survey)
2. The citizenship and civil status of the WHERE TO FILE
applicant, whether single or married, and if
married, the name of the wife or husband, Section 17. What and where to file. The
and, if the marriage has been legally application for land registration shall be filed
dissolved, when and how the marriage with the Court of First Instance (now RTC) of
the province or city where the land is situated.
relation terminated. The applicant shall file together with the
3. The assessed value of the land and the application all original muniments of titles or
buildings and other improvements thereon, copies thereof and a survey plan of the land
based on the last assessment for taxation approved by the Bureau of Lands (now
Bureau of Land Management).
purposes.
4. Mortgage or encumbrance of any kind
whatsoever affecting the land applied for, or
names of other persons who may have an
interest therein, legal or equitable. Otherwise, The clerk of court shall not accept any
application unless it is shown that the
the applicant shall state that to the best of his applicant has furnished the Director of Lands
knowledge and belief, there is no such (now Director of Land Management) with a
encumbrance or interested persons. copy of the application and all annexes.
5. The manner by which the applicant has
acquired the land (Refer to Sec. 14)
6. The full names and addresses of all
occupants of the land and those of the AMENDMENTS TO APPLICATION AND NEEDED
adjoining owners, if known, and if not known, PUBLICATION
the applicant shall state the extent of the
search made to find them. Section 18. Application covering two or more
7. When land applied for borders on road: Sec. parcels. An application may include two or
20. more parcels of land belonging to the
8. Sec. 21: the court may required facts to be applicant/s provided they are situated within
the same province or city. The court may at
stated in the application in addition to those any time order an application to be amended
prescribed by the Decree not inconsistent by striking out one or more of the parcels or
therewith and may required the filing of any by a severance of the application.
additional papers. It may also conduct an
ocular inspection, if necessary.
Section 19. Amendments. Amendments to

the application including joinder, substitution,
or discontinuance as to parties may be
If the applicant is non-resident: allowed by the court at any stage of the
proceedings upon just and reasonable terms.
24

interested party shall present to the court the
pertinent instruments together with a
subdivision plan approved by the Director of
Amendments which shall consist in a
Lands in case of transfer of portions thereof
substantial change in the boundaries or an
and the court, after notice to the parties, shall
increase in area of the land applied for or
order such land registered subject to the
which involve the inclusion of an additional
conveyance or encumbrance created by said
Page |
land shall be subject to the same
requirements of publication and notice as in
instruments, or order that the decree of 25
registration be issued in the name of the
an original application.
person to whom the property has been
conveyed by said instruments.
Under the above provision, there is need to comply

with the required publication and notice if the
amendment of the application consists in:
AFTER FILING OF APPLICATION
1. A substantial change in the boundaries;
2. An increase in the area of the land applied
for; or
3. The inclusion of an additional land.
NOTICE AND INITIAL HEARING
Includes (take note steps for registration):

Reason for republication: to give notice to all persons
concerned regarding the amended application. 3. Setting date for initial hearing and publication
Without new publication the registration court cannot 4. Transmittal of the publication and the date of
acquire jurisdiction over the area or parcel of land initial hearing with all the documents or other
that is added to the area covered by the original evidences attached thereto by the clerk of court
application, and the decision of the registration court to the land registration authority (lra)
would be a nullity insofar as the decision concerns
the newly included land. 5. Publication of a notice of the filing of the
application and date and place of the hearing in
the official gazette
6. Service of notice upon contiguous owners,
No republication required: occupants and those known to have interests in
the property by the sheriff
Amendment due to change of name of applicant
Section 23. Notice of initial hearing,
Amendment due to decrease in the area of the publication, etc. The court shall, within five
land days from filing of the application, issue an
order setting the date and hour of the initial
hearing which shall not be earlier than forty-
five days nor later than ninety days from the
date of the order.
DEALINGS WITH LAND PENDING ORIGINAL
REGISTRATION
The public shall be given notice of the initial

hearing of the application for land registration
by means of (1) publication; (2) mailing; and
Section 22. Dealings with land pending (3) posting.
original registration. After the filing of the
application and before the issuance of the
decree of registration, the land therein
described may still be the subject of dealings
in whole or in part, in which case the 1. By publication.
25

adverse to that of the applicant, notice of the
initial hearing shall be given in the same
manner to the Secretary of Agrarian Reform,
Upon receipt of the order of the court setting
the Solicitor General, the Director of Lands,
the time for initial hearing, the Commissioner
the Director of Mines and/or the Director of
of Land Registration shall cause notice of
Fisheries and Aquatic Resources, as may be
initial hearing to be published once in the
appropriate.
Page |
Official Gazette and once in a newspaper of
general circulation in the Philippines:
26
Provided, however, that the publication in the
Official Gazette shall be sufficient to confer
jurisdiction upon the court. Said notice shall
3. By posting.
be addressed to all persons appearing to have
an interest in the land involved including the
adjoining owners so far as known, and "to all
whom it may concern". Said notice shall also
require all persons concerned to appear in
The Commissioner of Land Registration shall
court at a certain date and time to show cause
also cause a duly attested copy of the notice
why the prayer of said application shall not be
of initial hearing to be posted by the sheriff of
granted.
the province or city, as the case may be, or by
his deputy, in a conspicuous place on each
parcel of land included in the application and
also in a conspicuous place on the bulletin
board of the municipal building of the
2. By mailing.
municipality or city in which the land or portion
thereof is situated, fourteen days at least
before the date of initial hearing.
(a) Mailing of notice to persons named in the The court may also cause notice to be served
application. The Commissioner of Land to such other persons and in such manner as
Registration shall also, within seven days after it may deem proper.
publication of said notice in the Official
Gazette, as hereinbefore provided, cause a
copy of the notice of initial hearing to be
mailed to every person named in the notice
whose address is known. (Caption and Title)
NOTICE OF INITIAL HEARING
(b) Mailing of notice to the Secretary of Public To (here insert the names of all persons
Highways, the Provincial Governor and the appearing to have an interest and the
Mayor. If the applicant requests to have the adjoining owners so far as known, and to all
line of a public way or road determined, the whom it may concern):
Commissioner of Land Registration shall
cause a copy of said notice of initial hearing to
be mailed to the Secretary of Public
Highways, to the Provincial Governor, and to
the Mayor of the municipality or city, as the An application (or petition) having been filed in
case may be, in which the land lies. the above-entitled case by (full name and
address) praying for the registration and
confirmation (or for the settlement and
adjudication, in case of petition in cadastral
proceedings) of title to the following described
(c) Mailing of notice to the Secretary of lands:
Agrarian Reform, the Solicitor General, the
Director of Lands, the Director of Public
Works, the Director of Forest Development,
the Director of Mines and the Director of
Fisheries and Aquatic Resources. If the land (Insert description)
borders on a river, navigable stream or shore,
or on an arm of the sea where a river or
harbor line has been established, or on a lake,
or if it otherwise appears from the application
or the proceedings that a tenant-farmer or the You are hereby served this notice to appear
national government may have a claim before this Court at its session to be held at
26

_________________ on the ______________
day of _______________, 19 ______, at
_____________ o'clock in the _________
then and there to present such claims as you Notice given to public by publishing, mailing
may have to said lands or any portion thereof, and posting
and to submit evidence in support of such
claim; and unless you appear at said Court at
Page |
the time and place aforesaid, your default will 27
be recorded and the title to the lands will be
adjudicated and determined in accordance
with law and the evidence before the Court, Court order beyond 90 days
and thereafter you will forever be barred from
contesting said application (or petition) or any
decree entered thereon.
Republic v. San Lorenzo (?)
-does not affect the validity of application
Witness, the Hon. -the duty to set it lies with the court
________________________ Judge of the
Court of First Instance of _______ this
_______ day of _________________, in the -it is beyond the power of the applicant
year 19______.
-it is unfair to punish the applicant because
Attest: he has no control to set the date for initial
hearing.
Commissioner of Land Registration
Contents of court order setting date of

initial hearing: similar to summons in
ordinary civil actions.
PUBLICATION
Purpose and effects of publication:
1. To confer jurisdiction over the land

applied for upon the court,
2. To charge the whole world with
knowledge of the application of the land
involved, and invite them to take part in the
The court order setting the date of initial case and assert and prove their rights over
hearing the property subject thereof.
Transmitted to the Administrator of the LRA Publication satisfies the constitutional

requirement of due process:

Procedural due process:
Administrator prepare/issue notice of initial
hearing in the form prescribed in Sec. 23 1. Notice (complied with)
27

2. Hearing -the publication is also defective where the
O.G. containing said notice, although for the
month prior to the scheduled hearing, was
released for publication only after said
hearing. Page |
28
-publication must precede the date of initial
Publication why only in the Philippines?
hearing
Courts only have jurisdiction in the
Philippines and the purpose of publication is
to confer jurisdiction.
Is publication in Official Gazette sufficient MAILING

to confer jurisdiction?
(Mandatory)
No. Director of Lands v. CA (276 SCRA 276)
By registered mail
-publication in the O.G. is not sufficient to
confer jurisdiction
-O.G. is not as widely read POSTING
-O.G. often delayed, notice does not reach By sheriff or his deputy
interested party on time
-Legal reasons: provision uses the word

shall (rules on statutory construction: it is PROOF OF PUBLICATION, MAILING,
imperative act/ mandatory; and is also POSTING
conjunctive.)
Proof of publication:
Certification of Administrator
If the court does not acquire jurisdiction: (because he is the one who caused the
all proceedings by the court are null and void. publication)
o Probative value/ conclusive proof;
Section 24. Proof of publication and
notice. The certification of the Commissioner of Land
Issue of O.G. released after initial hearing Registration and of the sheriff concerned to the effect
that the notice of initial hearing, as required by law, has
been complied with shall be filed in the case before the
Register of Deeds of Malabon v. RTC, date of initial hearing, and shall be conclusive proof of
Malabon, Metro Manila such fact.
Copy of the Official Gazette
-tardiness of publication: court did not Copy of the Newspaper
acquire jurisdiction Affidavit of publication issued by the
publisher or duly authorized person of the
Republic v. CA (236 SCRA 442, 449) newspaper.
28

Proof of mailing real right independent of, and not at all
subordinate to, the rights of the Government.
When registry return card is
returned to the court (bought from the Post - The oppositor does not have to show title in
Office) himself; he should however appear to have an Page |
interest in the property.
29
- Interest may be in the character of:
Proof of posting Legal owner, or
Certificate of posting issued by Equitable interest, or

sheriff
Beneficiary of a trust
FILING OF ANSWER TO THE APPLICATION

The prayer (objection, interest, remedy) determines:
whether to deny or dismiss the application of

claimant, and
WHO MAY OPPOSE TO THE APPLICATION?
Section 25. Opposition to application in for the court to order registration of land in the
ordinary proceedings. Any person claiming an name of oppositor
interest, whether named in the notice or not,
may appear and file an opposition on or
before the date of initial hearing, or within
such further time as may be allowed by the
court. The opposition shall state:
The following may be proper oppositors:
- all the objections to the application and 1. a homesteader who had not yet been issued
his title but who had fulfilled all the conditions
- shall set forth the interest claimed by the party required by law to entitle him to a patent;
filing the same and
2. a purchaser of friar land before the issuance
- apply for the remedy desired, and
of the patent to him;
- shall be signed and sworn to by him or by
some other duly authorized person. 3. Persons who claim to be in possession of a
tract of public land and have applied with the
Bureau of Land Management for its purchase
The following may not be proper oppositors:

If the opposition or the adverse claim of any
person covers only a portion of the lot and
said portion is not properly delimited on the 1. A mere foreshore lessee of public land (he is
plan attached to the application, or in case of not an equitable owner, his right is
undivided co-ownership, conflicting claims of subordinate to that of the Government.
ownership or possession, or overlapping of
boundaries, the court may require the parties
to submit a subdivision plan duly approved by Solicitor general may file a motion to dismiss the
the Director of Lands. application
The oppositors: need not be named in the notice of When the land is inalienable (e.g. timberland, forest
initial hearing. land)
- He must claim an interest to the property applied Ground: the court has no jurisdiction over the case
for, based on a right of dominion or some other because the land is inalienable
29

Is the declaration of default a guarantee that the
application will be granted?
DEFAULT
No, it is still the burden of the applicant to prove that
An interested party to a land subject of registration
he is entitled to registration, incontrovertible proof. Page |
may file his opposition to the application on or before
the date of initial hearing. Absent any oppositor, the 30
court will then issue an order of default.
When default order is improper; remedy:

Petition for certiorari
Section 26. Order of default; effect. If no
person appears and answers within the time
allowed, the court shall, upon motion of the
applicant, no reason to the contrary
appearing, order a default to be recorded and Remedy from order of default
require the applicant to present evidence. By
the description in the notice "To all Whom It
May Concern", all the world are made parties A defaulted interested person may however gain
defendant and shall be concluded by the standing in court by filing a motion to set aside the
default order. (general default)
order of default in accordance with Sec. 3, Rule 18 or
Rules of Court.
Where an appearance has been entered and

an answer filed, a default order shall be
entered against persons who did not appear Sec. 3. Relief from order of default: A party
and answer. (special default) declared in default may at any time after
discovery thereof and before judgment file a
motion under oath to set aside the order of
default upon proper showing that his failure to
answer was due to fraud, accident, mistake or
General default- is addressed to the whole world excusable negligence and that he has
meritorious defense. In such case the order of
default may be set aside on such terms and
Special default- is directed only against those who conditions as the judge may impose in the
did not enter their appearance and file answer. interest of justice.
Effects of default Grounds: (FAME-M)
1. Fraud
A default order is entered against the whole
2. Accident
world, so that all persons are bound by said
3. Mistake
order. A person who has not challenged the
4. Excusable negligence
application for registration of land, even if the
5. Meritorious defense
appeal he afterwards interposed is based on the
right of dominion over the same land, cannot
allege damage or error against the judgment
granting the registration inasmuch as he did not
allege to have any right to such land. If there has already been judgment by
The applicant is allowed to present evidence ex default and applicant has already
parte presented evidence: motion for new trial
(ground: fame-m)
Appeal from judgment from court:
30

If from RTC- to Court of Appeals unclassified origin is not evidence of such
If from MTC- still to Court of Appeals release. (Director of Lands v. CA)
(delegated jurisdiction) f. Investigation reports of Bureau of Lands
investigator
g. Legislative act, or by statute Page |
Not sufficient proofs to establish 31
declassification
(Remedy discussed in its proper place)
a. Survey plan even if approved by the Bureau
of Lands
b. Conversion of land into fishpond and the
titling of properties around it
c. The mere fact that the area in which the land
involved is located has become highly
EVIDENCE developed residential or commercial land and
actually no longer forest land
2. Identity of the land.

Proofs:
In land registration cases, the burden of proof a. Survey plan of the property approved by the
is upon the applicant to show that he is the real Director of Lands
and absolute owner in fee simple. b. Tracing cloth plan and blue print copies of
The applicant must overcome the the plan
presumption that the land sought to be registered The submission of the original tracing cloth
forms part of the public domain (by virtue of the plan of the land applied for, duly approved
Regalian doctrine). by the Director of Lands, was held to be a
How? By presenting competent, clear and statutory requirement of mandatory
persuasive evidence of private ownership or character which cannot be waived.
of acquisition from the government. (Director of Lands v. Reyes)
Applicant must stand on the strength of his reason: to establish the true identity of
own evidence and not rely on the absence or the land to ensure that it does not overlap a
weakness of the evidence of the oppositors.
parcel of land or a portion thereof already
covered by a previous land registration,
What applicant must prove: and to forestall the possibility that it will be
overlapped by a subsequent registration of
1. That the land applied for has been any adjoining land.
declassified and is a public agricultural land,
is alienable and disposable. Blue print copy suffices for the purpose
There must be a positive act from the where the original tracing cloth plan was
government that the land had been attached to the application for registration.
declassified from the forest groups and c. Technical description of the land applied for,
converted into alienable and disposable land duly signed by a geodetic engineer
for agricultural purposes. d. Tax declarations
Specific proofs that he may present: e. Boundaries and area
a. Presidential proclamation General Rule: In the identification of land,
b. Executive order well-defined boundaries will prevail over
c. Administrative order area, and in case of conflict, former
d. BFD land classification map controls the latter.
e. Certification by the Director of Forestry and Exception: If there is substantial and
reports of District Forester unexplained discrepancies as to the area
Mere recommendation of the District of the land stated in the muniments of title
Forester for release of the land from its or in documents evidencing acquisition of
31

the land by the applicant or his claim of houses built every few meters here and
ownership and the area as surveyed based there, pay the realty taxes religiously
on natural boundaries every year and have an approved
3. Applicants possession and occupation of Bureau of Lands Survey yearly, they will
the land for the length of time and in the manner not become the owners if they will not Page |
required by law. follow the procedure to obtain public
32
Effect of possession: Open, agricultural land mandated by the Public
exclusive, and undisputed possession of Land Act
alienable public land for the period
prescribed by law creates the legal fiction
whereby the land, upon completion of the 4. Basis of private ownership (if applicant
requisite period ipso jure and without the claims private ownership not because of
need of judicial or other sanctions, ceases to possession)
be public land and becomes private property. Proofs:
Possessor is deemed to have acquired by a. Documentary evidence
operation of law a right to government grant i. Spanish titles in pending cases
without the necessity of certificate of title Under PD 892, holders of Spanish titles
being issued. or grants can no longer invoke it as basis
The present possessor may of ownership for the purposes of applying
complete the period necessary for for registration six months after February
prescription by tacking his possession to that 16, 1976.
of his grantor or predecessor-in-interest They are now merely indicia of claim of
Tacking of possession is allowed ownership, i.e. that the holder has a
only when there is privity of contract or claim over the property.
relationship between the previous and ii. Tax declarations and realty tax
present possessors payments
Insufficient proofs of possession not conclusive evidence of
a. Mere casual cultivation of portions of ownership but are at least proof that the
land by claimant holder had a claim of title over the
mere occupancy thereof by grazing property
livestock upon it, without substantial best indicia of possession
enclosures, or other permanent become strong evidence of
ownership acquired by prescription when
improvements, is not sufficient to support
accompanied by proof of actual
a claim of title through acquisitive possession of the property by other
prescription. effective proof
iii. Presidential issuances and legislative acts
b. Tax declaration of land sought to be b. Testimonial evidence
registered, which is not in the name of c. Deeds of sale
the applicant but in the name of the The execution of a deed of a notarial deed
deceased parents of an oppositor
of sale is equivalent to the delivery of the
c. Holding of property by mere tolerance of
the owner realty sold and places the vendee in legal
d. Mere failure of fiscal representing the possession thereof, conformably to Art.1498
State to cross-examine the applicant on of the NCC.1
the claimed possession
e. Possession of other persons in the land
applied for impugns the exclusive quality 1
When the sale is made through a public instrument, the
of the applicants possession. execution thereof shall be equivalent to the delivery of the thing
f. Even if the petitioners can trace their which is the object of the contract, if from the deed the contrary
deed of sale back to Adam and Eve, fill in does not appear or cannot be clearly inferred.
With regard to movable property, its delivery may also
every square inch of the land with be made by the delivery of the keys of the place or depository
agricultural tenants, have residential where it is stored or kept.
32

Not sufficient proofs: b. Decision in an estate proceeding of a
a. Compromise agreement between predecessor-in-interest of an applicant which
parties where they agreed that they have involves a property over which the decedent
rights and interest over the land and has no transmissible right and decisions in
assigned or allocated portions thereof to any other cases where the issue of Page |
each of them ownership was not definitely passed upon
33
c. Survey plan of the land
33
SUMMARY TABLE OF PIECES OF EVIDENCE APPLICANT SHOULD PROVE IN LAND REGISTRATION
CASES
What applicant must prove Sufficient proofs Insufficient proofs
1. That the land applied for has a. Presidential proclamation a. Survey plan
been declassified, and is a public b. Executive order b. Conversion of land into fishpond
agricultural land, is alienable and c. Administrative order c. mere fact that the area in which the
disposable d. BFD Land Classification Map land involved is located has become
e. Certification by the Director of Forestry highly developed residential or
and reports of District Forester commercial land and actually no longer
f. Investigation reports of Bureau of forest land
Lands
g. Legislative act, by statute
2. Identity of the land a. Survey plan
b. Tracing cloth plan and blue print copies
of the plan
c. Technical description of the land
applied for, duly signed by a geodetic
engineer
d. Tax declarations
e. Boundaries and area
3. Applicants possession and a. Mere casual cultivation of portions of

occupation of the land for the length land by claimant
of time and in the manner required by b. Tax declaration of land sought to be
law. registered, which is not in the name of
the applicant but in the name of the
deceased parents of an oppositor
c. Holding of property by mere tolerance
of the owner
d. Mere failure of fiscal representing the
State to cross-examine the applicant on
the claimed possession
e. Possession of other persons in the land
applied for impugns the exclusive
quality of the applicants possession.
f. When petitioners do not follow the
procedure to obtain public agricultural
land mandated by the Public Land Act
4. Basis of private ownership a. Documentary evidence a. Compromise agreement between
i. Spanish title in pending cases parties where they agreed that they
have rights and interest over the land
ii. tax declarations and realty tax and assigned or allocated portions
payments thereof to each of them
b. Decision in an estate proceeding of a
predecessor-in-interest of an applicant
iii. presidential issuances and legislative
which involves a property over which
acts the decedent has no transmissible
right and decisions in any other cases
iv. deeds of sale where the issue of ownership was not
definitely passed upon
b. Testimonial evidence c. Survey plan of the land
HEARING decrees awarded in favor of the persons

entitled to the lands or to parts thereof and
such decrees shall be the basis for issuance
Sec. 27: Speedy hearing; reference to a
or original certificates of title granted on
referee
application for registration of land under
ordinary land registration proceeding.
The trial court shall see to it that all
registration proceedings are disposed or
within 90 days from the date the case is JUDGMENT
submitted for decision.
Sec. 28: Partial judgment.
The court, if it deems necessary,
may refer the case or any part thereof to a In a case where only a portion of
referee who shall hear the parties and their the land subject of registration is contested,
evidence, and the referee shall submit his the court may render partial judgment
report thereon to the Court within 15 days provided that a subdivision plan showing the
after the termination of such hearing. Hearing contested and uncontested portions approved
before a referee may be held at any by the Director of Lands is previously
convenient place within the province or city as submitted to said court.
may be fixed by him and after reasonable
notice thereof shall have been served the
parties concerned. The court may render
judgment in accordance with the report as
though the facts have been found by the judge
Only claimed property or a portion thereof
himself: Provided, however, that the court may
can be adjudicated. If the applicant asserts
in its discretion accept the report or set it ownership to and submits evidence only for a
aside in whole or in part, or order the case to portion of a lot, the inclusion of the portion not
be recommitted for further proceedings. claimed by the applicant is void and of no effect
for a land registration court has no jurisdiction
The court may: to decree a lot to a person who puts no claim
to it and who never asserted any right of
1. Hear the parties and their evidence; or ownership over it.
2. Refer the case or any part thereof to a
referee or commissioner
Sec.29: Judgment confirming title.
All conflicting claims of ownership

In the exercise of delegated jurisdiction, the and interest in the land subject of the
MTC can no longer appoint commissioners application shall be determined by the court. If
While referee can receive evidence and the court, after considering the evidence and
objections, it has no power to rule on the case. Its the reports of the Commissioner of Land
main duty is to receive evidence and submit its Registration and the Director of Lands, finds
findings and recommendations to the court. that the applicant or the oppositor has
The order of trial is similar to that in ordinary sufficient title proper for registration, judgment
shall be rendered confirming the title of the
civil action. The applicant must first produce his
applicant, or the oppositor to the land or
testimonial and documentary evidence, subject to
portions thereof.
cross-examination by the oppositor, and then
formally offer said evidence. Sec. 33: Appeal from judgment, etc.
The judgment and orders of the court hearing

Sec. 38. Hearing, judgment, decree. the land registration case are appealable to
the Court of Appeals or to the Supreme Court
The trial of the case may occur at any in the same manner as in ordinary actions.
convenient place within the province in which
the lands are situated and shall be conducted, Sec. 34: Rules of procedure.
and orders for default and confessions
entered, in the same manner as in ordinary The Rules of Court shall, insofar as not
land registration proceedings and shall be consistent with the provision of this Decree,
governed by the same rules. All conflicting be applicable to land registration and
interests shall be adjudicated by the court and cadastral cases by analogy or in a suppletory

character and whenever practicable and After judgment has become final
convenient. and executory, it shall devolve upon the court
to forthwith issue an order in accordance with
In whose name registration of land may be made: Sec.39 of this Decree to the Commissioner for
the issuance of the decree of registration and
1. Applicant; or the corresponding certificate of title in favor of
the person adjudged entitled to registration.
2. Oppositor; or
3. Buyer or the person to whom the land has
Notes:
been conveyed by an instrument executed during
the interval of time between the filing of the
application for registration and the issuance of Upon a lapse of 15 days counted from
the decree to title receipt of notice of the judgment.
requirements: However, notwithstanding the lapse of the
15-day period from receipt of judgment by the
a. That the instrument be presented to the court parties, the court continues to retain control
by the interested party together with a motion over the case until the expiration of 1 year after
that the same be considered in relation with the entry of decree of registration by the LRA.
the application If an appeal is taken from the judgment of the
b. That prior notice be given to the parties to the lower court, the 15-day period should be
case reckoned from receipt of notice of judgment of
Note: the appellate court.
The prevailing party in the lower court cannot
The court may reverse its decision even after move for an execution pending appeal in the
the LRA has already issued the decree of appellate court.
registration. Court orders and decisions sent to the fiscal,
acting as agent of the Solicitor General in land
registration cases are not binding until they are
Courts with jurisdiction to hear land registration actually received by the Solicitor General. Thus,
cases the period of appeal shall be reckoned from the
receipt of the decision by the Solicitor General.
1. RTC exclusive jurisdiction over: The court may still issue said order of decree
a. Applications for original registration of title of registration and certificate of title even beyond
b. Petitions filed after original registration of title the 15-day period so as not to prejudice the
2. MeTC, MTC, MCTC delegated jurisdiction adjudged owner.
over: (Sec.34, BP Blg. 129,or the Judiciary reason: the judgment is merely declaratory in
Reorganization Act of 1980, as amended by RA character and does not need to be asserted or
7691) enforced against the adverse party.
a. Cadastral or land registration cases covering
lots where there is no controversy or The issuance of a decree is a ministerial
opposition; or duty both of the judge and of the Land
b. Over contested lots the value of which does Registration Commission.
not exceed P100,000 A decision in a land registration case is not
rendered inefficacious by the statute of limitations
and/or by laches, so that a decree issued
When judgment becomes final pursuant to such judgment even after the lapse of
10 years is not void.
Sec.30. When judgment becomes final;
duty to cause issuance of decree
The judgment rendered in a land Res judicata

registration proceeding becomes final upon
the expiration of 30 days (15 days na dapat) A final judgment in an ordinary civil case
to be counted from the date of receipt of determining the ownership of land is res judicata
notice of the judgment. An appeal may be (conclusive adjudication) in a registration
taken from the judgment of the court as in
proceeding where the parties and the property
ordinary civil cases.

are the same as in the former case. Thus, Against whom writ of possession may lie
subsequent litigation is barred.
Requisites: 1. Against the persons who appeared in the
1. The former judgment must be final proceedings and answered
2. It must have been rendered by a court having 2. Against those who, having been served with
jurisdiction of the subject matter and of the process, did not appear or answer
parties 3. Against anyone unlawfully and adversely
3. It must be a judgment on the merits occupying the land or any portion thereof during
4. There must be, between the first and second the proceedings up to the issuance of the final
actions, identity of parties, of subject matter, decree
and of cause of action
General Rule: The judgment adjudicating ownership

A judgment dismissing an application for the to the successful applicant impliedly carries with it the
registration of land does NOT operate as res delivery of possession if he is deprived, since the
judicata between the applicant and the opponent right of possession is inherent in that of ownership.
who has successfully resisted the application.
The applicant or any person deriving title from Exceptions:
him may institute another proceeding for the
registration of the same land, and the fact that he 1. A writ of possession does not lie in a land
or his predecessor in interest was unsuccessful registration case against a person who entered
in the former proceeding does not constitute a the property after issuance of the final decree
bar thereto. (Henson v. Director of Lands) and who had not been a party in the case
Where the application for registration has 2. A writ of possession cannot be issued in a
been dismissed by the court WITHOUT petition for reconstitution of allegedly lost or
PREJUDICE2, the decree of dismissal even if it destroyed certificate of title
has become final, does NOT constitute res Notes:
judicata.
If the applicant withdraws his application The issuance of a writ of possession is only a
before the final decree, the proceeding may be matter of course if nothing in the past has been
dismissed, upon terms to be fixed by the court. In issued in favor of the registered owner; there is
such a case, the applicant may later file again an no prescription as to its issuance.
application for the same property. The right of the applicant or a subsequent
purchaser to ask for the issuance of a writ of
possession of the land registered would never
POST-JUDGMENT INCIDENTS
prescribe.
Writ of possession
Remedy when there is refusal to vacate
land despite writ: petition for contempt
implies the delivery of possession of the land to
the successful litigant. Writ of demolition
it is an effect, a writ of execution, commanding the a complement of the writ of possession, without
sheriff to enter the land and give possession thereof which the latter would be ineffective
to the person entitled under the judgment.
not appealable where there is no allegation that it
Persons entitled: has varied the tenor of the judgment
1. Adjudged owner
2. Any subsequent purchaser of the property
DECREE OF CONFIRMATION AND
REGISTRATION
2
Dismissal without prejudice the judgment is not conclusive Decree of registration

decree issued by the LRA pursuant to the order of said decree is conclusive upon all persons
the court including the government
condensed form of the courts judgment such conclusiveness does not cease to exist when
the title is transferred to a successor
Sec. 31. Decree of registration.
Every decree of registration issued by the

bars the re-litigation of the question of ownership
Commissioner shall bear the date, hour and in the same proceedings
minute of its entry, and shall be signed by him.
It shall state whether the owner is married or BY WHOM ISSUED: Administrator of LRA who signs
unmarried, and if married, the name of the the decree of registration and attests the date and
husband or wife: Provided, however, that if the
hour of its issuance
land adjudicated by the court is conjugal
property, the decree shall be issued in the
name of both spouses. If the owner is under Duty of administrator to issue decree
disability, it shall state the nature of disability,
and if a minor, his age. It shall contain a 1. ministerial in the sense that they act under
description of the land as finally determined by the orders of the court and the decree must be in
the court, and shall set forth the estate of the the conformity with court judgment and with the
owner, and also, in such manner as to show data found in the record
their relative priorities, all particular estates, 2. judicial as the they act as court officials and
mortgages, easements, liens, attachments, not as administrative officials
and other encumbrances, including rights of
tenant-farmers, if any, to which the land or
owners estate is subject, as well as any other
matter properly to be determined in pursuance Note: The Administrator is not legally obligated to
of this Decree. issue the decree where, upon his verification, he
finds that the subject land has already been decreed
and titled in anothers name.
Contents of decree: (DCD-DEO) reason: because when once decreed by a court of

competent jurisdiction, the title to the land thus
1. Date, hour and minute of entry
determined is already res judicata binding on the
2. Civil status of the owner whether married or
whole world, the proceeding being in rem.
unmarried. If married, the name of the spouse
If the land adjudicated is conjugal
WHEN ISSUED: The law does not limit the period
property, decree shall be issued in the
name of BOTH spouses. within which the court may order the issuance of a
3. If the owner is under disability, the nature of decree of registration.
such disability, and if a minor, his age
4. Description of the land FINALITY OF DECREE: After the lapse of one year
5. Estate of the owner, and also in such manner from the date of its issuance and entry.
as to show their relative priorities, all particular
Sec. 32. par.2.
estates, mortgages, easements, liens,
attachments, and other encumbrances, including Upon the expiration of said period of
rights of tenant-farmers, if any to which the land one year, the decree of registration and the
or owners estate is subject certificate of title issued shall become
6. Other matters to be determined in pursuance incontrovertible. Any person aggrieved by
of PD 1529 such decree of registration in any case may
pursue his remedy by action for damages
against the applicant or any other persons
responsible for the fraud.
PURPOSE:
To bind the land and quiet title thereto, subject only to

such exceptions or liens as may be provided by law

incontrovertible indefeasible; the title of the
owner cannot be attacked, assailed or questioned Sec. 40. Entry of Original Certificate of
anymore Title. - Upon receipt by the Register of Deeds
of the original and duplicate copies of the
AMENDMENT OF DECREE OF REGISTRATION original certificate of title the same shall be
entered in his record book and shall be
Rule: The court has NO jurisdiction to amend the numbered, dated, signed and sealed by
the Register of Deeds with the seal of his
decree of registration after the lapse of one year for
office. Said certificate of title shall take effect
the purpose of including new owners. upon the date of entry thereof. The Register of
Deeds shall forthwith send notice by mail to
reason: the title has become incontrovertible after the registered owner that his owner's duplicate
the lapse of one year. is ready for delivery to him upon payment of
legal fees.
Instances when court is allowed to amend decree
Certificate of title
of registration:
the true copy of the decree of registration or the
1. for the purpose of noting down the
extinguishment of any right, or the creation of transcription thereof and signed by the Administrator
new real rights not appearing in the certificate
2. for the purpose of correcting errors Takes effect upon the date of entry thereof
and the land covered thereby becomes
registered land on that date.
CERTIFICATE OF TITLE
Contents:
Sec. 39. Preparation of decree and 1. Full names of all persons whose interest
certificate of title. make up the full ownership in the whole land
2. Civil status
After the judgment directing the registration of
3. Names of respective spouses, if married
title to land has become final, the court shall,
within 15 days from entry of judgment, issue If the property covered belongs to the
an order directing the Commissioner to issue conjugal properties, the certificate is issued
the corresponding decree of registration and in the name of both spouses.
certificate of title. The clerk of court shall send, 4. Citizenship
within 15 days from entry of judgment, 5. Residence
certified copies of the judgment and of the 6. Postal address
order of the court directing the Commissioner
to issue the corresponding decree of
registration and certificate of title and a
In determining whether a property belongs to
certificate stating that the decision has not
been amended, reconsidered, nor appealed,
the conjugal partnership or paraphernal property
and has become final. Thereupon, the of one of the spouses, it is important to note in
Commissioner shall cause to be prepared the whose name or names the title is registered. This
decree of registration as well as the original is so because the certificate of title does not
and duplicate of the corresponding original establish the time of the acquisition of the
certificate of title. The original certificate of title property. It only confirms a pre-existing title.
shall be a true copy of the decree of
registration. The decree of registration shall
be signed by the Commissioner, entered and Owners duplicate certificate of title
filed in the Land Registration Commission.
The original of the original certificate of title Sec. 41: Owners duplicate certificate of
shall also be signed by the Commissioner and title
shall be sent, together with the owner's
duplicate certificate, to the Register of Deeds The owners duplicate certificate of
of the city or province where the property is title shall be delivered to the registered owner
situated for entry in his registration book. or to his duly authorized representative. If two

or more persons are registered owners, one Attributes and Limitations on Certificates of Title
owner's duplicate certificate may be issued for
and Registered Lands
the whole land, or if the co-owners so desire,
a separate duplicate may be issued to each of
them in like form, but all outstanding 1. Free from liens and encumbrances
certificates of title so issued shall be
surrendered whenever the Register of Deeds
shall register any subsequent voluntary Sec.44: Statutory liens affecting title.
transaction affecting the whole land or part
thereof or any interest therein. The Register of Every registered owner receiving a certificate
Deeds shall note on each certificate of title a of title in pursuance of a decree of registration,
statement as to whom a copy thereof was and every subsequent purchaser of registered
issued. land taking a certificate of title for value and in
good faith, shall hold the same free from all
encumbrances except those noted in said
The owner of the land in whose favor and in certificate and any of the following
whose name said land is registered and inscribed encumbrances which may be subsisting,
in the certificate of title has a more preferential namely:
right to the possession of the owners duplicate
certificate than one whose name does not appear First. Liens, claims or rights arising or existing
in the certificate and has yet to establish his right under the laws and Constitution of the
to the possession thereof. Philippines which are not by law required to
appear of record in the Registry of Deeds in
order to be valid against subsequent
purchasers or encumbrancers of record.
Transfer certificate of title
Second. Unpaid real estate taxes levied and
Sec. 43: Transfer certificate of title.
assessed within two years immediately
preceding the acquisition of any right over the
The subsequent certificate of title that may be
land by an innocent purchaser for value,
issued by the Register of Deeds pursuant to
without prejudice to the right of the
any voluntary or involuntary instrument
government to collect taxes payable before
relating to the same land shall be in like form,
that period from the delinquent taxpayer
entitled "Transfer Certificate of Title", and
alone.
likewise issued in duplicate. The certificate
shall show the number of the next previous
Third. Any public highway or private way
certificate covering the same land and also
established or recognized by law, or any
the fact that it was originally registered, giving
government irrigation canal or lateral thereof,
the record number, the number of the original
if the certificate of title does not state that the
certificate of title, and the volume and page of
boundaries of such highway or irrigation canal
the registration book in which the latter is
or lateral thereof have been determined.
found.
Fourth. Any disposition of the property or

Registration does NOT vest title. It is merely limitation on the use thereof by virtue of, or
evidence of such title over a particular property. pursuant to, Presidential Decree No. 27 or any
And a Torrens certificate is the best evidence of other law or regulations on agrarian reform.
ownership over registered land.
However, simple possession of a certificate General rule: Claims and liens of whatever character
of title does not necessarily make the holder existing against the land prior to the issuance of the
thereof a true owner of all the property described certificate of title are cut off by such certificate so
therein such as when title includes by mistake or issued binds the whole world, including the
oversight, land which can no longer be registered
under the Torrens system, as when the same government.
land has already been registered and an earlier
certificate for the same land is in existence. Exceptions:
a. Those noted on the certificate

b. Liens claims or rights arising or existing
under the laws and the Constitution, which are

not by law required to appear of record in the Registered land shall be subject to such
Register of Deeds in order to be valid burdens and incidents as may arise by
c. Unpaid real estate taxes levied and assessed operation of law. Nothing contained in this
decree shall in any way be construed to
within 2 years immediately preceding the
relieve registered land or the owners
acquisition of the right over the land by an thereof from any rights incident to the relation
innocent purchaser for value of husband and wife, landlord and tenant, or
d. Any public highway, or private way from liability to attachment or levy on
established or recognized by law, or any execution, or from liability to any lien of any
government irrigation canal or lateral thereof, if description established by law on the land and
the certificate of title does not state the the buildings thereon, or on the interest of the
boundaries of such highway or irrigation canal or owner in such land or buildings, or to change
lateral thereof have been determined the laws of descent, or the rights of partition
e. Any disposition of the property or limitation between co-owners, or the right to take the
on the use thereof pursuant to PD 27 or any same by eminent domain, or to relieve such
land from liability to be recovered by an
other law or regulations on agrarian reform
assignee in insolvency or trustee in
bankcruptcy under the laws relative to
preferences, or to change or affect in any way
2. Incontrovertible and indefeasible other rights or liabilities created by law and
applicable to unregistered land, except as
otherwise provided in this Decree.
General rule: Upon expiration of 1 year from and
after the entry of the decree of registration in the Registered land or the owners thereof are not
LRA, the decree and the corresponding certificate of relieved from the following:
title becomes incontrovertible and indefeasible.
1. Any rights incident to the relation of husband
Exceptions: and wife, landlord and tenant
2. Liability to attachment or levy on execution
a. If previous valid title of the same land exists 3. Liability to any lien of any description
b. When land covered is not capable of established by law on the land and the buildings
registration thereon, or in the interest of the owner in such
c. When acquisition of certificate is attended by land or building
fraud 4. Any right or liability that may arise due to
change of the law on descent
5. Rights of partition between co-owners
3. Registered land not subject to prescription 6. Right of government to take the land by
eminent domain
7. Liability to be recovered by an assignee in
Sec. 47: Registered land not subject to insolvency or trustee in bankruptcy under the
prescriptions. laws relative to preferences
8. Any other rights or liabilities created by law
No title to registered land in derogation of the and applicable to unregistered land
title of the registered owner shall be acquired
by prescription or adverse possession.
Persons entitled to a duplicate certificate of title
4. Certificate of title not subject to collateral 1. Registered owner

attack 2. Each co-owner
General Incidents of Registered Land Statement of personal circumstances in the

certificate
Sec. 46: General incidents of registered
land. Sec. 45. Statement of personal
circumstances in the certificate.

Every certificate of title shall set forth the full that he was deprived of the opportunity to be
names of all persons whose interests make up
the full ownership in the whole land, including heard in the original registration case not later
their civil status, and the names of their than one year after the entry of the decree.
respective spouses, if married, as well as their
citizenship, residence and postal address. If
the property covered belongs to the conjugal review of judgment when it is filed after
partnership, it shall be issued in the names of rendition of the decision but before the entry of
both spouses. the decree of registration.
review of decree when it is filed within the 1

REMEDIES year period after such entry.
1. NEW TRIAL Note:

Grounds:
Intentional concealment and
a. Fraud, accident, mistake or excusable representation as possessor, occupant and
negligence which ordinary prudence could claimant constitutes actual fraud justifying the
not have guarded against reopening and review of the decree of
b. Award of excessive damages, or registration.
insufficiency of the evidence to justify the
decision
c. Newly discovered evidence Grounds for review of decree:
a. Actual or extrinsic fraud

Period of filing: Within the 15-day period for Actual/positive fraud proceeds from an
perfecting an appeal intentional deception practiced by means of
the misrepresentation or concealment of a
2. APPEAL material fact.
Where filed: Court of Appeals or Supreme Court
Extrinsic fraud prevents a party from
Period of filing: Within 15 days from receipt of having a trial or from presenting his entire
the judgment or final order appealed from case to the court or where it operates upon
matters pertaining not to the judgment itself
3. RELIEF FROM JUDGMENT
Nature: Subsidiary remedy, i.e. may be availed but to the manner in which it is procured, so
only when the judgment has become final and a that there is not a fair submission of the
new trial is not available controversy.
Grounds: When a judgment is entered against a Differences between actual fraud/extrinsic

party through fraud, accident, mistake, or and constructive/intrinsic fraud
excusable negligence, such party may file a
Actual Fraud Constructive Fraud
petition in the court that rendered such judgment
praying that the said judgment be set aside. Proceeds from an Act is not done or
intentional deception committed with an
Period of filing: Within 60 days after the practiced by means of actual design to commit
petitioner learns of the judgment, order, or misrepresentation or positive fraud or injury
proceeding and not more than 6 months after concealment of material upon other persons but
such judgment or order was entered or such fact is construed as fraud
proceeding was taken. because of its
detrimental effect upon
4. PETITION FOR REVIEW (OF A DECREE) public interest and
Any person may file a petition for review to set public or private
aside the decree of registration on the ground

confidence an action seeking to transfer or reconvey the
land from the registered owner to the rightful
Extrinsic Fraud Intrinsic Fraud
owner.
Prevents a party from Where the fraudulent
having a trial or from acts pertain to an issue
presenting his entire involved in the original
case to the court action, or where the Notes:
acts constituting the
fraud were or could May be filed even after the lapse of
have been litigated one year from entry of the decree of
therein
registration as long as the property has not
been transferred or conveyed to an innocent
purchaser for value.
An action for reconveyance does not
b. Fatal infirmity in the decision for want of due aim or purport to reopen the registration
process proceedings and set aside the decree of
c. Lack of jurisdiction of the court registration but only to show that the person
who secured the registration of the
questioned property is not the real owner
Heirs of Manuel A. Roxas v. CA: Only actual or thereof. The action, while respecting the
extrinsic fraud has been accepted as grounds for decree as incontrovertible, seeks to transfer
or reconvey the land land from the registered
a judgment to be annulled or a decree of owner to the rightful owner.
registration reopened and reviewed. The fraud
contemplated by the law is actual and extrinsic,
which includes an intentional omission of fact When reconveyance does not prescribe:
required by law. For fraud to justify a review of a
decree, it must be extrinsic or collateral, and the a. If brought by registered owners or their
facts upon which it is based have not been children
b. A co-heir, who, through fraud, succeeds in
controverted or resolved in the case where the
obtaining a certificate of title in his name to
judgment sought to be annulled was rendered. In the prejudice of his co-heirs, is deemed to
the said case, the Court held that the respondent hold the land in trust3 for the latter. The
corporations intentional concealment and excluded heirs action is imprescriptible.
representation of petitioners interest in the c. Where the plaintiff in an action for
subject lot as possessor, occupant and claimant reconveyance, which is in effect an action to
constitutes actual fraud justifying the reopening quiet title, is in possession of the land in
question.
and review of the decree of registration.
Grounds for reconveyance and

Requisites for review of the decree: corresponding period of prescription
a. Petitioner has a real and dominical right Grounds Prescriptive period

b. He has been deprived thereof
Fraud 4 years from discovery of
c. Through actual or extrinsic fraud
the fraud (deemed to
d. Petition is filed within one year form issuance
have taken place from
of the decree
the issuance of the
e. The property has not yet passed to an
innocent purchaser for value original certificate of title).
3
Art. 1441: Trusts are either express or implied. Express trusts are
5. ACTION FOR RECONVEYANCE
created by the intention of the trustor or of the parties. Implied
trusts come into being by operation of law.

No trust created. Art. 1445: No trust shall fail because the trustee appointed
declined the designation, unless the contrary should appear
Implied or constructive 10 years from the date of in the instrument constituting the trust.
trust the issuance of the OCT
Art. 1446: Acceptance by the beneficiary is necessary.
or TCT.
Nevertheless, if the trust imposes no onerous condition upon
the beneficiary, his acceptance shall be presumed, if there is
*The above rule does
no proof to the contrary.
NOT apply where the
person enforcing the trust Implied trusts
is in actual possession of
the property because he Art. 1447: The enumeration of the following cases of implied
is in effect seeking to trust does not exclude others established by the general law
quiet title to the same of trust, but the limitation laid down in Article 1442 shall be
applicable.
which is imprescriptible
Art. 1448: There is an implied trust when property is sold,
Express trust Not barred by
and the legal estate is granted to one party but the price is
prescription paid by another for the purpose of having the beneficial
interest of the property. The former is the trustee, while the
Void contract Imprescriptible latter is the beneficiary. However, if the person to whom the
title is conveyed is a child, legitimate or illegitimate, of the one
paying the price of the sale, no trust is implied by law, it being
disputably presumed that there is a gift in favor of the child.
Marquez v. CA: Constructive trusts are created
in equity in order to prevent unjust enrichment. Art. 1449: There is also an implied trust when a donation is
made to a person but it appears that although the legal estate
They arise contrary to intention against one who, is transmitted to the done, he nevertheless is either to have
by fraud, duress or abuse of confidence, obtains no beneficial interest or only a part thereof.
or holds the legal right to property which he ought
not, in equity and good conscience, to hold. An Art. 1450: If the price of a sale of property is loaned or paid
by one person for the benefit of another and the conveyance
action for reconveyance based on an implied or is made to the lender or payor to secure the payment of the
constructive trust prescribes in 10 years from the debt, a trust arises by operation of law in favor of the person
issuance of the Torrens title over the property. In to whom the money is loaned or for whom it is paid. The latter
the said case, when Rafael Marquez, Sr., for one may redeem the property and compel a conveyance thereof
to him.
reason or another, misrepresented in his
unilateral affidavit that he was the only heir of his Art. 1451: When land passes by succession to any person
wife when in fact their children were still alive, and he causes the legal title to be put in the name of another,
a trust is established by implication of law for the benefit of
and managed to secure a TCT under his name, a
the owner.
constructive trust under Art. 1456 was
established. Art. 1452: If two or more persons agree to purchase property
and by common consent the legal title is taken in the name of
one of them for the benefit of all, a trust is created by force of
law in favor of others in proportion to the interest of each.
Provisions of NCC re: trusts
Art. 1453: When property is conveyed to a person in reliance
upon his declared intention to hold it for, or transfer it to
Express trusts
another or the grantor, there is an implied trust in favor of the
person whose benefit is contemplated.
Art. 1443: No express trusts concerning an immovable or any
therein may be proved by parol evidence.
Art. 1454: If an absolute conveyance of property is made in
order to secure the performance of an obligation of the
Art. 1444: No particular words are required for the creation of
grantor toward the grantee, a trust by virtue of law is
an express trust, it being sufficient that a trust is clearly
established. If the fulfillment of the obligation is offered by the
intended.
grantor when it becomes due, he may demand the
reconveyance of the property to him,

Art. 1455: When any trustee, guardian or other person Sec. 102. Limitation of Action.
holding a fiduciary relationship uses trust funds for the
purchase of property and causes the conveyance to be made Any action for compensation against the
to him or to a third person, a trust is established by operation Assurance Fund by reason of any loss,
of law in favor of the person to whom the funds belong. damage or deprivation of land or any interest
therein shall be instituted within a period of six
Art. 1456: If property is acquired through mistake or fraud, years from the time the right to bring such
the person obtaining it is, by force of law, considered a action first occurred: Provided, That the right
trustee of an implied trust for the benefit of the person from of action herein provided shall survive to the
whom the property comes. legal representative of the person sustaining
loss or damage, unless barred in his lifetime;
Art. 1457: An implied trust may be proved by oral evidence. and, Provided, further, That if at the time such
right of action first accrued the person entitled
to bring such action was a minor or insane or
imprisoned, or otherwise under legal disability,
6. ACTION FOR DAMAGES such person or anyone claiming from, by or
May be resorted to when a petition under him may bring the proper action at any
for review and an action for reconveyance is time within two years after such disability has
been removed, notwithstanding the expiration
no longer possible because the property has
of the original period of six years first above
passed to an innocent purchaser for value
provided.
and in good faith
An ordinary action for damages General Rule:
prescribes in 10 years after the issuance of
the Torrens title over the property It must be instituted within a period of 6 years
from the time the right to bring such action first
7. ACTION FOR COMPENSATION FROM occurred which is the date of issue of the
ASSURANCE FUND certificate of title.
Requisites:
Exception:
a. The aggrieved party or the suitor sustained
loss or damage or is deprived of land or any Anytime within two years after such disability has
estate or interest therein. been removed, notwithstanding the expiration of
b. Such loss, damage or deprivation was: the original period of six years if the person
i. Occasioned by the bringing of the
entitled to bring such right of action was a minor
land under the operation of the Torrens
system; or or insane or imprisoned or otherwise under legal
ii. Arose after original registration of disability
land
c. The loss, damage or deprivation was due to: Note: The right of action herein provided shall
i. Fraud; or pertain to the legal representative of the person
ii. Any error, omission, mistake or sustaining loss or damage unless barred in his
misdescription in any certificate of title or lifetime.
in any entry or memorandum in the
registration book 8. CANCELLATION SUITS
Where two certificates are issued to
different persons covering the same land, the
d. There was no negligence on his part title earlier in date must prevail
e. He is barred or precluded under the The latter title should be declared
provisions of PD 1529 or under the provision null and void and ordered cancelled
of any law from bringing an action for the
recovery of such land or the estate or interest
therein 9. ANNULMENT OF JUDGMENT
f. The action has not prescribed
May only be availed of when the
ordinary remedies of new trial, petition for
relief, or other appropriate remedies are no
Limitation of action: longer available through no fault of petitioner
10. QUIETING OF TITLE Commissioner of Land Registration Administrator of Land Registration

An action that is brought to remove Authority
cloud on the title to real property or any
Director of Lands Director of Land Management
interest therein, by reason of any instrument,
record, claim, encumbrance or proceeding Bureau of Lands Bureau of Land Management
which is apparently valid or effective but is in
truth and in fact invalid, ineffective, voidable, CFI RTC
or unenforceable, and may be prejudicial to
said title (Art.476, NCC)
An ordinary civil remedy
Provisions of NCC re quieting of title
Art. 477: The plaintiff must have a legal or equitable title to,
or interest in the real property which is the subject-matter of GOD BLESS!
the action. He need not be in possession of said property.
Art. 478: There may also be an action to quiet title or remove

cloud therefrom when the contract, instrument or other
obligation has been extinguished or has terminated, or has
been barred by extinctive prescription.
Art. 479: The plaintiff must return to the defendant all the
benefits he may have received from the latter or reimburse
him for expenses that may have redounded to the plaintiffs
benefit.
Art. 480: The principles of the general law on the quieting of

title are hereby adopted insofar as they are not in conflict with
this Code
Art. 481: The procedure for the quieting of title or the removal
of a cloud therefrom shall be governed by such rules of court
as the Supreme Court shall promulgate.
11. CRIMINAL ACTION

State may criminally prosecute for
perjury the party who obtains registration
through fraud, such as by stating false
assertions in the sworn answer required of
applicants in cadastral proceedings.
Note:
Before Now

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LTD LECTURE NOTES & REVIEWER

Judge Serrano - Midterm 2010

San Beda College of Law

by: Cancino, Krisyl & Veloso, Pinky

HOUSE RULES Act # 496

-no going out from class

-no talking Because we live in a society with divergent

o Who is the owner of the land?

o What kinds of evidences are required

Critical developments through the

For a person to have exclusive enjoyment of TORRENS SYSTEM OF LAND REGISTRATION

Judge Serrano - Midterm 2010

San Beda College of Law

by: Cancino, Krisyl & Veloso, Pinky

The State is the source of land to the REGALIAN

DEVELOPMENT OF LAND LAWS DEFINITIONS

Ley Hepo.(Mortgage Law of 1893)

Judge Serrano - Midterm 2010

San Beda College of Law

by: Cancino, Krisyl & Veloso, Pinky

E.g. Transfer Certificate of Title/ Certificate of Title)

Judge Serrano - Midterm 2010

San Beda College of Law

by: Cancino, Krisyl & Veloso, Pinky

4. Reservation 2. Registration or Recording of Deed of

Once acquired, can be acquired through

-The need for classification is to determine the mode

Example of public lands not subject to private Unregistered Land:

Mineral resources SYSTEMS OF REGISTRATION IN THE

Judge Serrano - Midterm 2010

San Beda College of Law

by: Cancino, Krisyl & Veloso, Pinky

Sec. 113 -Since it is already quite, the land is relived of

PURPOSES OF LAND REGISTRATION

1. To quite title to land 3. To prevent fraudulent claims

The production of the owner's duplicate

-not subject to another registration

2. To relieve the land of unknown liens, claims,

Judge Serrano - Midterm 2010

San Beda College of Law

by: Cancino, Krisyl & Veloso, Pinky

-WHY? REGISTRATION- is the operative act that Page | 6

Transaction of land cannot be concealed because it 5. To create indefeasible (indivisible?) and

6. To provide a means of publication or notice to

-permanent public records provide source and

Judge Serrano - Midterm 2010

San Beda College of Law

by: Cancino, Krisyl & Veloso, Pinky

Judge Serrano - Midterm 2010

San Beda College of Law

by: Cancino, Krisyl & Veloso, Pinky

2 Copies: 6. Involuntary alienation

-Original sa Registry 7. Succession

-To registrant 1. GOVERNMENT GRANT

Whenever public land is conveyed to some

o C.A. 141 Public Land Act

Judge Serrano - Midterm 2010

San Beda College of Law

by: Cancino, Krisyl & Veloso, Pinky

o Sales patent Emancipation patent:

o Free patent o serves as authority of the Register of Page | 9

Article 440, Civil Code: The ownership of property

Judge Serrano - Midterm 2010

San Beda College of Law