Land Titles & DeedsATTY.
PALABRICA
2017-2018
P.D. No. 1529PROPERTY REGISTRATION DECREE
Steps leading to the Judicial Registration of Title to Land
1) Survey of land;
- Can be validly surveyed by a private surveyor or a surveyor of the Land
Management Bureau (LMB); private surveyor must be approved by the Director
Of the LMB.
2) Filing of the application;
- The initiatory act in the ordinary judicial proceedings for an original registration
of title to land.
- Provides who may apply (Sec. 14) and where to file (RTC).
3) Setting of the date of the initial hearing of the application by the court;
- Within five (5) days from filing of the application, the court shall issue an order
setting the date and hour of the initial hearing which shall not be earlier than
forty-five (45) days and not later than ninety (90) days from the date of the
order.
4) Transmittal of the application and order setting the date of the initial hearing with all the
documents attached thereto by the Clerk of Court to LRA;
Regalian Doctrine
5) Publication of the notice of the initial hearing;
- Mandatory that notice of the initial hearing shall be given to the public to (1)
confer jurisdiction upon the court over the res, and (2) to apprise the whole
world of the pending registration case so they could assert their rights and
oppose the application.
6) Opposition;
- All those, whether name in the notice or not, may oppose the application for
registration provided they have an interest in the subject land.
7) Hearing;
- RTC shall see to it that all registration proceedings are disposed of within ninety
(90) days from the date the case is submitted for decision.
- Court may refer the case to the referee who shall hear and receive evidence and
submit a report to the court.
8) Judgement;
- After the hearing, the court shall render judgment based on the evidence
presented by the parties.
- Decisions becomes final after the lapse of fifteen (15) days from the receipt of
the notice of judgment by the Solicitor General, the one empowered to represent
the government in all land registration proceedings.
9) Issuance of the court order for LRA to issue the Decree of Registration and the
corresponding certificate of title and the transmittal of the documents to LRA;
10) Issuance of the Decree of Registration;
- Court shall order for the issuance of the decree of registration only after the
judgment has become final and executory.
11) Entry of the Decree of Registration in the registration book of LRA;
- After one (1) year from the entry of decree of registration, the decree and the
original certificate of title become indefeasible. However, the indefeasibility of a
title does not attach to titles secured by fraud or misrepresentation.
12) Issuance of the Original Certificate of Title;
- Based on and almost copied verbatim from the decree of registration issued by
the LRA.
13) Sending of the owners certificate of title to the respective Register of Deeds;
- The owners duplicate shall e sent to the respective Register of Deeds for entry
in the registration book to be delivered to the registered owner or to his duly
authorized representative.
14) Entry of the owners certificate of title in the registration book of the respective Register of
Deeds and delivering of the same to the owner.
The Regalian Doctrine means that the ownership of lands and all other resources belong to
the State. It is the foundation of the time-honored principle of land ownership that all lands
that were not acquired from the Government, either by purchase or by grant, belong to the
public domain.
Its origin is derived from the Spanish conquest of the Philippines, whereby all lands,
territories and possessions in the Philippines are passed to the King. The 1935, 1973, and
1987 Constitutions adopted the Regalian Doctrine substituting, however, the State, in lieu
of the King, as the owner of all lands and waters of the public domain.
The Regalian Doctrine is enshrined in Sec. 2 of Art. XII of the 1987 Constitution, which
provides:
Sec. 2. All lands of the public domain, waters, minerals, coal, petroleum, and other
mineral oils, all forces of potential energy, fisheries, forests or timber, wildlife, flora
and fauna, and other natural resources are owned by the State. With the exception
of agricultural lands, all other natural resources shall not be alienated.
Exceptions to the Regalian Doctrine:
1) Properties of the church or ecclesiastical properties; and
2) Lands that had been in the possession of the claimant or his predecessors-in-
interest since time immemorial or lands covered by the Indigenous Peoples
Right Act of 1997 (IPRA) or R.A. No. 8371.
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Torrens System of Registration
The Torrens system of registration was introduced in the Philippines in 1903 by Act No.
496, the Land Registration Act, which followed the principles and procedures formulated
by Sir Robert Torrens who patterned it after the Merchant Shipping Act in South Australia.
Under the Torrens system of registration, the government is required to issue an official
certificate of title attesting to the fact that the person named is the owner of the described
property subject to the liens and encumbrances noted therein or liens reserved by law. The
certificate of title is indefeasible and imprescriptible and all claims to the parcel of land are
quieted upon the issuance of such title.
The registration of title may be done administratively, through the government agency like
DENR or judicially through the court.
Purposeto quiet title to lands; it stops forever any question involving the legality of the
title of the land.
Rules and principles of the Torrens systems based on jurisprudence:
1) Torrens Certificate of Title is the best evidence of ownership of the land.
2) Constructive notice to the whole world and thus, binds the whole world.
3) Claims against the land prior to the issuance of the Torrens Certificate of Title
that are not noted on said title are quieted or barred.
4) The Torrens Certificate of Title covering alienable land is indefeasible or
incontrovertible after one (1) year from the entry of the decree of registration.
5) It is imprescriptible.
6) Every person dealing with registered land in good faith and for value, need not
go beyond the title but may safely rely on the correctness of the Torrens
Certificate of Title.
7) The person who fraudulently registered the land in his name holds it as a mere
trustee with the obligation to reconvey the property and the title to the true
owner.
8) As between two (2) innocent persons, the one who made it possible for the
wrong to be done will bear the resulting loss.
9) He who registers first is preferred in right insofar as the third persons are
concerned.
10) Where two certificates of title include the same registered land, the certificate
that is earlier in date prevails.
11) A forged document of sale may become the root of a valid title if the certificate
of title has already been transferred from the name of the true owner to the
name of the forger or the name indicated by the forger before the Torrens
Certificate of Title is issued to the purchaser in good faith and for value.
12) Titles derived from a void title are also void.
13) Not subject to collateral attack.
Original Registration of Title
In original registration, the land which is alienable and disposable land of the public domain
is registered for the first time in the name of the applicant/owner and is issued an Original
Certificate of Title. Any registration of conveyance or deed involving transfer of ownership
of the land after the original certificate of title has been issued is known as subsequent
registration.
Before a person can apply for original registration of title to land, he must have an
imperfect or incomplete title (Public Land Acts and Sec. 14[1]) or existing right of
ownership over the land (Sec. 14[2, 3, 4] of P.D. 1529). This is because registration does
not confer but merely confirms ownership or title previously acquired.
What is a proceeding in rem?
A proceeding in rem is one that binds the whole word because publication of the initial
hearing of the application has the effect of providing notice to the whole world of such
hearing. Thus, all persons are made parties-defendant, and by virtue of the publication,
they are deemed notified. This makes the result of the proceeding binding and conclusive
upon the whole world on matters both contested and uncontested.
The purpose of an action in rem is to bar indifferently all who might make an objection of
any sort against the right sought to be established.
If the purpose of the suit is to establish a claim against a particular person or some persons
only, the action is in personam.
Is registration a mode of acquiring ownership?
No. Registration is not a mode of acquiring ownership. It does not vest or create ownership.
What is being registered is the title to the land and not the land itself. It presupposes then
that the title to the land must come first before registration; otherwise there is nothing to
register. The applicant must prove first his title or ownership before registration will be
approved.
If the applicant does not have a valid existing right or ownership over the land but yet was
able to successfully register or secure a title in his name through fraud, he is only
considered a holder of the subject property in trust of the person with an existing valid
right. He has the obligation to reconvey the title to the land to the rightful owner. The
certificate of title is merely an evidence of ownership over the particular property descried
therein. It does not make the person the owner of the land by virtue of registration unless
it is based on a valid title. The certificate of title is evidence or a certification of the
government of the existence of ownership prior to registration. The registration or the
issuance of the certificate of title merely confirms the existing title or ownership.
It is the title to the land or the deed affecting the land, and not the land itself, that is being
registered under the registration laws. This title to the land may be acquired under Act No.
926 as amended, C.A. No. 141 as amended, and under Sec. 14 of P.D. No. 1529 or through a
deed or contract.
In case of conflict between the described area and the described boundaries of the land in the
deed of sale, which one shall prevail?
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In determining what will prevail in case of conflict between the described area and the
described boundaries of the land in the deed of sale, the intention of the parties derived
from their contemporaneous and subsequent acts shall be principally considered.
If the land was sold and bought in lump sum, the described boundaries shall be followed
over the stated area in the deed of sale. The land is considered to have been sold and bought
in lump sum if the land is sufficiently identified and described with clear specification as to
its boundaries.
If the land was sold and bought with the principal consideration of the size or area of the
land, the area stated in the deed of sale shall prevail over the described boundaries. The
intention that the size or the area is the primary consideration of the parties can be inferred
from the contemporaneous and subsequent acts of the parties.
Provide Sec. 14 of P.D. No. 1529
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 duly authorized
representatives:
(1) Those who by themselves or through their predecessors-in-interest have been
in open, continuous, 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.
(2) Those who have acquired ownership of private lands by prescription under the
provision of existing laws.
(3) Those who have acquired ownership of private lands or abandoned river beds
by right of accession or accretion under the existing laws.
(4) Those who have acquired ownership of land in any other manner provided for
by law.
Where the land is owned in common, all the co-owners shall file the application jointly.
Where the land has been sold under pacto de retro, the vendor a retro may file an 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 vendee a retro, the latter shall be substituted for the applicant and
may continue the proceedings.
A trustee on behalf of his principal may apply for original registration of any land held in trust
by him, unless prohibited by the instrument creating the trust.
Who may apply for Original Registration of Title to Land under Sec. 14?
1) Those mentioned in Sec. 14 of P.D. No. 1529 and P.D. No. 1073.
2) Those mentioned in R.A. No. 1942 which took effect in 1957.
These are Filipinos who by themselves or through their predecessor-in-interest have been,
prior to the effectivity of P.D. No. 1073 on January 25, 1977 (P.D. No. 1073 amended P.D.
No. 1942) in open, continuous, exclusive and notorious possession and occupation of
agricultural lands of the public domain, under the bona fide claim of ownership for at least
30 years.
3) Filipino citizens who own the unregistered land by virtue of voluntary and involuntary
dealings from persons who have acquired title to said lands.
4) Private Filipino corporation or association which had acquired lands from a qualified
person who have complied with the required possession that would entitle him to a grant.
5) Fully owned government corporation.
6) Foreigners through intestate succession.
7) Foreigner who is a former Filipino who acquired land by purchase from a qualified Filipino
when said foreigner was still a citizen of the Philippines.
8) Natural-born citizens who have lost their Philippine citizenship may acquire lands.
9) Filipinos with dual citizenship.
10) A minor, even less than 18 may acquire real property by succession or by implied trust.
11) Members of cultural minority under C.A. No. 141, Section 48(c) and Indigenous People
under IPRA based on possession since time immemorial.
What is the meaning of imperfect or incomplete title?
The term refers to the open, continuous, exclusive and notorious possession and
occupation of alienable and disposal land of the public domain under the bona fide claim of
ownership since June 12, 1945 or earlier provided in Sec. 14(1) of P.D. 1529.
It is the title that is acquired under Sec. 14(1) and needs to be judicially confirmed to
perfect or complete it.
What is the meaning of alienable and disposable land as a requisite in acquiring title under
Sec. 14?
The term alienable and disposable refers to the character of the landthat it must be an
agricultural land or land suitable for agriculture. When the law and jurisprudence require
that the land must be declared alienable and disposable at any time before the filing of
the application, it refers to the classification of the land which signifies that the State is
ready to release said land to qualified persons.
The meaning of the term may differ depending on its use
If the term is used to describe the possession and occupation of the land since
June 12, 1945 or earlier, alienable and disposable simply refers to the land as
agricultural land or lands suitable for agriculture. It describes that character of
the land.
If the term is used when the government declares the land as alienable and
disposable land, it means that the State signifies its intention to abdicate its
exclusive prerogative over the property. This is a condition precedent to register
title to land. It describes the classification of the land.
The declaration that the land is alienable and disposable need not be done on June 12, 1945
or earlier. It is enough under Sec. 14(1) that the land is declared alienable and disposable
at the time of the filing of the application for original registration of title to land.
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If the predecessor-in-interest has been in possession of alienable and disposable land

What is the distinction between the 30 years of possession that creates an imperfect and since June 12, 1945 or earlier, applying the Doctrine of Tacking of Possession, the vendee-
incomplete title under R.A. 1942 and the 30 years of possession which creates title on the applicant is also considered to have possessed and occupied said land since June 12, 1945
basis of prescription under Sec. 14(2) of P.D. 1529? or earlier.

The 30-year period of possession under R.A. No. 1942, is based on possession, while Requisites:
under Sec. 14(2) of P.D. No. 1529, it is based on prescription. 1) Land must be alienable and disposable land of the public domain during the
period of possession; and
The importance of knowing the difference between the two is on their conversion effect on 2) There must be privity of relationship between the predecessor and the
the landfrom the land of the public domain to a private land. applicant.

In the case of possession for 30 years under R.A. No. 1942, the agricultural land is ipso jure
converted into a private land and an incomplete and imperfect title is vested in favor of
the possessor. The 30-year period of prescription may be used as a basis for original
registration if the possession happens with the period covered by R.A. No. 1942 and not
beyond January 24, 1977 (effectivity of P.D. No. 1073, which amended R.A. No. 1942). Thus,
the LAST 30-year period of possession under R.A. No. 1942 (amended C.A. 141) is from
January 24, 1947 to January 25, 1977.
In the case of possession for 30 years under Sec. 14(2) of P.D. No. 1529 (prescription), the
land will be converted only as private land of the possessor after the lapse of the 30-year
period from the time the land was declared patrimonial land. The possession of the land
before it is declared patrimonial is inconsequential and will not be counted in determining
the 30-year prescriptive period. The prescriptive period of 30 years will only start to run
from the time the land is declared patrimonial land.
Distinguish ordinary and extraordinary acquisitive prescription
Acquisitive prescription is a mode of acquiring ownership and other real rights over
immovables. It pertains to the lapse of time in the manner and under conditions laid down
by law which creates ownership to the possessor.
It may be ordinary or extraordinary
Ordinary acquisitive prescription requires possession in good faith and with a
just title for ten (10) years.
Extraordinary acquisitive prescription requires uninterrupted adverse
possession for thirty (30) years without need of title or of good faith.
Doctrine of Susi v. Razon case
The moment the following requisites are complied with during the hearing, namely: (1) the
land forms part of the alienable and disposable agricultural lands of the public domain, and
(2) that he has been in open, continuous, exclusive and notorious possession under the
bona fide claim of ownership since June 12, 1945 or earlier, the applicant by operation of
law, acquires not only a right to a grant, but a grant of the Government, for it is not
necessary that a certificate of title should be issued in order that said grant may be
sanctioned by the courts, an application therefore is sufficient.
What is the meaning of patrimonial property?
A parcel of land becomes a patrimonial property of the State by virtue of express
declaration from the State that it is no longer needed for public service and for the
development of the national wealth and the land is declared alienable and disposable.
A property devoted for public service is a property used for some specific public service
and open only to those authorized to use the property, while a property devoted to public
use refers to property open for use by the public.
Lands of public domain are classified as follows
Sec. 3, Art. XII of the 1987 Constitution
1) Agricultural land;
2) Forest or timber land;
3) Mineral land; and
4) National Park.

What is the meaning of tacking of possession to the possession of the predecessor-in- Non-alienable lands are as follows
interest.
Sec. 2, Art. XII of the 1987 Constitution
The tacking of possession means adding the period of possession of the applicant to the
possession of his predecessor-in-interest. 1) Forest and timber lands;
2) Mineral lands;
The possession and occupation of the applicant or vendee shall be added to the possession 3) National parks and government reservations;
of his predecessor-in-interest because the former simply steps into the shoes of the latter. 4) Lands intended for public use; and
5) Foreshore lands and reclaimed lands.

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What is the purpose of publication of the notice of initial hearing?
It is mandatory that notice of the initial hearing shall be given to the public through: (a)
Publication, (b) Mailing, and (c) Posting.
The purposes of publication are: (1) to confer jurisdiction upon the court over the res, and
(2) to apprise the whole world of the pending registration case so they could assert their
rights and oppose the application.
The publication in the Official Gazette confers jurisdiction, while the publication in the
newspaper of general circulation is to comply with procedural due process.
Sec. 15
Refers to the form and contents of the application.
Application for registration must be signed, in writing, under oath, and state the
description of the land, civil status of the applicant, and include the owner of the adjoining
lots, if known, and, if not known, it shall state the extent of the search made to find them.
Sec. 16
Refers to a non-resident applicant.
Such an applicant must apply through a duly authorized representative residing in the
Philippines.
Sec. 18
Refers to an application covering two or more parcels.
Such an application is possible if they are situated within the same province or city. The
court may at any time order an application to be amended by striking out one or more of
the parcels or by a severance of the application.
Sec. 19
Refers to amendments to the application.
If the amendment includes a joinder, substitution, or discontinuance as to the parties, then
it may be allowed by the court at any stage of the proceedings upon just and reasonable
terms. Publication for such is not necessary.
If the amendment shall consist in a substantial change in the boundaries or an increase in
area of the land applied for or which involve the inclusion of an additional land, it shall be
subject to the same requirements of publication and notice as in an original application.
Sec. 22
Refers to dealings with land pending original registration.
If the application is ongoing, the applicant may deal the land, but must attach the
instrument and state the relief and prayer. As a result, the court may approve or issue a
reconveyance.
What are the remedies available to an applicant?
1) New trial;
2) Appeal;
3) Petition for Relief;
4) Petition for Review;
5) Action for Reconveyance;
6) Damages;
7) Reversion;
8) Cancellation of Title;
9) Action for Annulment of Judgment or Final Order; and
10) Criminal action.
Discuss the meaning of the phrase a forged document may be the root of a valid title by citing
the requisites and giving an example.
While it is a principle that the person who has registered a title to the land through fraud
or using a forged deed is holding said property in trust of the rightful owner, the forged
deed under certain circumstances could be a root of a valid title. This happens when the
certificate of title has already been transferred from the name of the true owner to the
name of the forger or the name indicated by the forger AND was purchased by the
purchaser in good faith and for value.
As demonstrated in the case of Chu Kim Kit, Chu Kim Kit entrusted his TCT to his mother
before he went to China. The mother executed an affidavit stating that Chu Kim Kit died
and adjudicated the ownership of the land to her. The TCT was issued to the mother. Using
that TCT in her name, she mortgaged the land to PNB and was subsequently foreclosed by
the latter. Between two persons Chu Kim Kit and PNBthe Court ruled that the one who
has a better right over the property in the innocent purchaser for value which is PNB.
There must be a certificate of title for the purchaser to rely on or anchor his claim when he
purchased said land. It is the existence of the certificate of title that allows every person
dealing with registered land to legally rely on its correctness and the law will not oblige
him to go beyond the certificate to determine the condition of the property except in two
instances mentioned above.
An innocent purchaser for value is one who buys the property of another without notice
that some other person has a right to or interest therein and who then pays a full and fair
price for it at the time of the purchase or before receiving a notice of the claim or interest
of some other persons in the property.
Buyers in good faith buy a property with the belief that the person from whom they receive
the thing is the owner who can convey title to the property. To be considered as such buyer,
there must be a complete chain of registered title.
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The law does not expect the person to go beyond the title to consider him an innocent Sec. 14(2) PRESCRIPTION
purchaser in good faith. A person who is dealing with a registered parcel of land need not The existing law is the Civil Code of the Philippines
go beyond the face of the title in the absence of any suspicion that would reasonably require It is subject to the provisions of the Civil Code
him to investigate the title of the seller. The 30-year prescription period shall run from the moment the land is classified as patrimonial
property
In order that the forged document will be considered the root of a valid title, the following
elements must be present: Patrimonial property: private property of the government, declared by the government, that is no
longer needed for public use and no longer needed for the development of the national wealth.
1) The certificate of title has already been transferred from the name of the true
owner to the name of the forger or the name indicated by the forger; and Sec. 14(3) ACCRETION AND ACCESSION
Must be caused by the natural flow of the water and NOT by artificial means
2) The purchaser must be in good faith and for value.
Sec. 14(4) OTHER MEANS PROVIDED BY LAW
By presidential proclamation
CLASS NOTES Executive order
Legislative statute
1957 amendment to Commonwealth Act 141
It is enough that the applicant or predecessor-in-interest has occupied the land for 30 years. Sec. 15 FORMS AND CONTENTS
The possession of the applicant can be tacked to the possession of the predecessor-in-interest. In writing;
Signed by the applicant or the person duly authorized in his behalf;
1977 amended pursuant PD 1073 Sworn to before any officer authorize to administer oaths for the province or city where the
In order to earn and gain an imperfect and incomplete title, the predecessor-in-interest must have application was actually signed;
been in possession of the land since June 12, 1945 or earlier. Contain a full description of the land
State the citizenship and civil status of the applicant
STEP 1: SURVEY And the full names and addresses of all adjoining owners, and in the absence thereof, must state
Can be validly surveyed by a private surveyor or a surveyor of the LMB. efforts exercised (REQUIRED as absence thereof may amount to extrinsic fraud)
The private must be approved by the Director of the LMB.
Sec. 16 NON-RESIDENT APPLICANT
STEP 2: FILING OF THE APPLICATION If non-residents applicant, must appoint an agent or representative residing in the Philippines
Section 14 provides who can file an application.
Not limited to Sec. 14. Sec. 17 WHAT AND WHERE TO FILE
File in the RTC Must file where the property is situated

Sec. 14(1) POSSESSION Sec. 18 APPLICATION COVERING TWO OR MORE PARCELS

A vendor can be a predecessor-in-interest Application may include two or more parcels of land PROVIDED they are situated within the same
His possession will be tacked to the possession of the applicant province or city

Tacking of possessionadding the period of possession of the applicant to the possession of his Sec. 19 AMENDMENT
predecessor-in-interest. If merely in form, no need for publication
If substantial, such as substantial change in the boundaries, increase in area, or which involve the
Possession and occupation since June 12, 1945 or earlier inclusion of an additional land, must publish
it is not necessary that the land was declared alienable and disposable since June 12, 1946. Under
Section 14(1), it is the possession and occupation that must be since June 12, 1945 or earlier. Sec. 22 DEALINGS WITH LAND PENDING ORIGINAL REGISTRATION
(Republic v. Naguit) Applicant may sell, mortgage, encumber the land during the pendency of the registration
Section 14(1) merely requires the property sought to be registered as already alienable and proceedings
disposable at the time the application for registration is filed PROVIDED it has to be BEFORE the issuance of the decree of registration
By making a motion by showing the court the Deed of Sale
Must only pertain to alienable and disposable land = agricultural land; all other lands are not capable The court, upon notice to the parties, shall:
of private ownership
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If the transaction involves only a portion of the land, the corresponding subdivision plan approved by Civil status
the LMB should also be presented Entered into the Registration Book

Why must it be BEFORE? Sec. 32 REVIEW OF DECREE OF REGISTRATION; INNOCENT PURCHASER FOR VALUE
Because if after, then its already in the name of the applicant and not the interested party to the After the period of the entry of the decree of registration, it cannot be indirectly attacked by others; it
transaction and, thus, it can no longer be changed. must be directly attacked

Sec. 23 NOTICE OF INTIAL HEARING, PUBLICATION, MAILING, AND POSTING
The court, within 5 days from filing of the application, issue an order setting the date and hour of
initial hearing which shall not be earlier than 45 days and not later than 90 days from the date of the
order.
Cannot be assailed, even in the presence of fraud, if it went to the hands of an innocent purchaser for
value.
Once the property reaches the hands of an innocent purchaser for value, it can no longer be reviewed
or recovered.

7 days from the receipt of the order A forged document can be a source of a valid title if it is in the hands of an innocent purchaser in good
faith and for value.
BY PUBLICATION Chu Kim Kit case

Must be published once in the Official Gazette and once in a newspaper of general circulation The mirror doctrine

Two-fold purpose of publication: Study other remedies

1) Official Gazette = confers jurisdiction
2) Newspaper of general circulation = complies with procedural due process Midterm Examination:
Case of Lopez Explain, enumerate, discuss,
5 problem solving
BY MAILING
Within 7 days after the publication in the Official Gazette, the LRA shall cause the mailing of the copy First think real/legal issues
of notice to: Is he a filipino citizen
1) Every person named in the notice of the initial hearing whose name is known; Is the land alienable and disposable
2) Government officials concerned Was there a declaration of alienable and disposable
3) Such persons directed by the court Was there a declaration of patrimonial property

BY POSTING Then conclude

At least 14 days before the date of the initial hearing
By the sheriff or his deputies

Sec. 25 OPPOSITION (step 6)

declaration of default = person appears but did not file an answer
Files an answer but did not appear =

General order of default = against the whole world; if no one filed an opposition
Special order of default= directed only against those who did not enter their appearance and file their
answer

Persons in default cannot participate in the registration proceedings

Such persons must first move for a motion to lift the default order

Heirs of Lopez case

Sec. 31 DECREE OF REGISTRATION

State citizenship
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LTD FINAL SAMPLEX (c/o ITG)
(A)
1. State who may apply for original registration of title to land as stated in Section 14 of PD
1529
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 duly authorized
representatives:
(1) Those who by themselves or through their predecessors-in-interest have
been in open, continuous, 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.
(2) Those who have acquired ownership of private lands by prescription
under the provision of existing laws.
(3) Those who have acquired ownership of private lands or abandoned river
beds by right of accession or accretion under the existing laws.
(4) Those who have acquired ownership of land in any other manner provided
for by law.
Where the land is owned in common, all the co-owners shall file the application jointly.
Where the land has been sold under pacto de retro, the vendor a retro may file an
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 vendee a retro, the latter shall be substituted
for the applicant and may continue the proceedings.
A trustee on behalf of his principal may apply for original registration of any land held in
trust by him, unless prohibited by the instrument creating the trust.
2. Greg complied with all the requirements for a grant under Section 14 of PD 1529. Before
the original certificate of title is issued to Greg, a Presidential Proclamation was issued
reserving the land for National High School. Will the original certificate of title be validly
issued in the name of Greg?
Yes. The original certificate of title should be validly issued in the name of Greg because
upon complying with all the requirements for a grant under Section 14 of PD 1529, the land
has already become private land. Greg has already acquired a vested right over the land
and it is a ministerial duty on the part of the Register of Deeds to issue an original certificate
of title in favor of Greg.
3. The Register of Deeds issued an order denying the registration of a document presented
by the owner for registration. What is the remedy of the owner and discuss the procedure
The remedy of the owner is to elevate the matter by consulta to the Administrator of the
Land Registration Authority for resolution. It shall be done within 5 days from receipt of
notice of the denial of registration by the Register of Deeds. The LRA Administrator shall
enter an order prescribing the step to be taken or memorandum to be made which shall be
conclusive and binding upon all Register of Deeds. If he still does not agree with the action
taken by the LRA Administrator, he may file an appeal before the Court of Appeals.
4. Can a person avail of an extrajudicial foreclosure of mortgage, instead of a judicial
foreclosure of mortgage as a remedy?
It depends. Extrajudicial foreclosure of mortgage may only be resorted to if there is a
stipulation by the parties that such remedy is allowed. In the absence of such stipulation,
the mortgagee cannot avail of the remedy of extrajudicial foreclosure.
5. Can the owner of the registered land convey a portion of his land? If he can, state the
procedure. If he cannot convey it, state the reason
Yes. An owner of registered land can choose to convey only a portion of his land. The owner
must submit a subdivision plan of the land and an approved technical description. It must
be approved by the Land Management Bureau and submitted to the Register of Deeds. In
the meantime, the deed of conveyance may be annotated by way of memorandum on the
grantors certificate of title. The Register of Deeds shall issue a new TCT to the grantee for
the portion conveyed to him upon cancellation of the grantors certificate as to said portion.
However, the grantor has the option of having his certificate of title cancelled totally and a
new one issued to him for the remaining portion of the land.
6. When can a person convey his and pending litigation?
An applicant may sell his land even when his land is pending registration of the land
provided that it is done before issuance of the decree of registration. The interested party
should submit to the court the instrument evidencing the transaction and the relief desired.
Upon notice to the parties, the court shall either order the land registered subject to the
conveyance or order that the decree of registration be issued in the name of the person to
whom the property has been conveyed.
7. State the procedure for the replacement of a lost duplicate certificate of title
1) due notice under oath shall be sent by the owner or by someone on his behalf to the
Register of Deeds of the prorty where the land lies as soon as the loss or theft is
discovered.
2) he will have to file a petition for replacement of the certificate in court.
3) the petition shall state under oath the facts and circumstances surround such loss or
destruction.
4) the court shall set the petition for hearing, after due notice to the Register of Deeds
and other interested parties.
5) after due notice and hearing, the court may direct the issuance of a new duplicate
certificate, and no publication is required.
8. What are the sources of evidence in the reconstitution of the original certificate of title?
a) Owners duplicate certificate of title
b) Co-owners duplicate certificate of title
c) Certified copy of the certificate of title previously issued by the register of deeds
d) An authenticated copy of the decree of registration or patent
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e) Any document in the Register of Deeds that describe the land
f) Other documents
9. In case of involuntary dealings, is the owners certificate of title not required to be
surrendered to the Registry of Deeds?
Yes. In case of involuntary dealings, mere entry in the day book/primary book is sufficient
to effect registration and bind third persons. Cooperation of the owner is not necessary and
may even be done against his will.
10. Discuss the limitation imposed under 118 of CA 141 regarding the limitation on the
alienation of land covered by Homestead patents
Section 118 of CA 141 provides two limitation on the alienation of land covered by
Homestead patents. First, it is mandatory that such lands cannot be alienated or conveyed
within 5 years after the approval of the application for patent. Second, there shall be no
valid conveyance within 5 to 20 years from approval, if the conveyance is made without
the approval of the Secretary of the DENR.
(B)
1. Ricardo is a Homestead grantee of a piece of land in 2000. He is married to Juana with a
19-year old son Richard. In 2008, Ricardo mortgaged the subject land to PNB for P3m and
for his failure to pay the principal obligation, PNB foreclosed it and as the highest bidder
registered the sale on March 2, 2011 in its name. In 2012, PNB sold the same land to
Nestor for P5m. Today, October 23, 2015, Richard is seeking your legal advice how to go
about recovering the land, if he can. State and explain all legal issues and other relevant
facts.
Richard cannot recover the land by himself. Only the patentee, the widow, and the legal
heirs may recover the land. As long as Ricardo is alive, Richard has no standing to recover
the land because such right to repurchase belongs to the patentee.
As to the validity of the mortgage, the same is valid insofar as it was made after the 5-year
absolute ban for alienation or conveyance of land under a Homestead patent. The approval
of the Secretary is merely discretionary.
The 1-year period for redemption under the Mortgage laws begins from March 2, 2011.
After lapse of 1 year, the 5-year period of redemption under the patent law will now begin
to run from the day the deed of absolute sale is executed and the property formally
transferred to PNB. Since October 23, 2015 is well within the 5-year period for redemption
under the patent law, I will advise Richard to ask his father to redeem the property before
the lapse of the said period.
2. Felipe applied for Homestead patent. Pending his application, a cadastral proceeding was
conducted which includes the same land covered by Felipes homestead application.
Felipe also filed his answer in a cadastral proceeding. In 2001, the land was awarded to
Felipe in a Cadastral proceeding and he was issued with a Certificate of Title No. 246.
Felipe sold the land based on Cadastral Certificate of Title No. 246 to Danilo who
registered the sale in 2009 and the corresponding Certificate of Title was issued in his
name. Danilo sold the same land to Edwin who registered the sale in 2012 and was issued
a TCT.
In 2002, Felipe was also issued a patent pursuant to his Homestead application covering
the same land and was issued Certificate of Title No. 100. In 2008, Felipe sold the land
covered by Certificate of Title No. 100 to Bernard who registered the sale in 2008 and a
TCT was issued in Bernards name. Bernard sold the land to Carlos who registered the
sale in 2011 and TCT was issued to Carlos. Who between Carlos and Edwin has the better
right over the subject land?
Edwin has better right over the land. When the cadastral proceeding reached finality and
awarded to Felipe the land in 2001, the land was converted into private land. By the time
the homestead patent was issued, the land was already private and can no longer be subject
to a Homestead patent. Since the homestead patent is invalid, the sale made by Felipe to
Bernard and subsequently by Bernard to Carlos is also invalid. On the other hand, the sale
made by Felipe to Danilo based on the certificate of title from the Cadastral proceeding is
valid. Therefore, the sale made by Danilo to Edwin is also valid.
3. The subject land is covered by the Original Certificate of Title in the name of Ricardo
married to Bea. The land was sold by Ricardo to Jose and TCT was issued in the name of
Jose. Jose sold it to Lando and the latter bought it relying on the TCT of Jose. The children
of Enrico and Bea claim that Ricardo sold only the undivided share that belongs to him
and not the other half that belongs to their mother Bea. They claim that Lando is not a
buyer in good faith because had he checked the original certificate of title, he would have
known that the registered owner is Ricardo married to Bea. Will Lando be protected
from the claim of the heirs of the wife of the registered owner Ricardo?
Yes. The land in question is a separate property of Ricardo. He has the exclusive authority
to sell the same because the words married to Bea are mere descriptive words of his civil
status. Lando is an innocent purchaser for value. When he purchased the land, it was
already under the name of Jose. Under the mirror doctrine, any buyer of land need not go
behind the certificate of title and may rely on the same. In the case at hand, the TCT under
the name of Jose is valid and genuine on its face and Landos rights should be protected
since he is an innocent purchaser for value.
4. Samuel has been in adverse possession and occupation of agricultural land since June 12,
1945 or earlier. In 1980, said land was declared alienable and disposable land and the
same is no longer needed for public service and for the development of national wealth.
Five years after 1980, or in 1985, Samuel filed an original application for registration of
title to said land. Will his application prosper?
Yes. Samuels application will prosper because under RA 1942, the land was already
converted to private land by mere possession for 30 years. Samuel has been in adverse
possession and occupation of the land for more than 40 years from June 12, 1945 up to
1985 and is more than enough to acquire a vested right over the land. Since the duty of the
Register of Deeds is ministerial, it is necessary that the registration of the land by Samuel
should prosper.
5. Juanito is the registered owner of the land. Albert, through fraud, was able to secure a TCT
of said land in his (Albert) name. In 2001, Albert sold the land to Santiago, a purchaser in
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good faith and for value. Santiago mortgaged said land to Johnny Bush, a foreigner.
Santiago failed to pay the principal obligation. Despite the demand letter sent by Bush,
Santiago still failed to pay the principal obligation. Bush, in accordance with the mortgage
contract, availed of as remedy, the extrajudicial foreclosure of mortgage, Juanito and
Santiago objected to the foreclosure proceeding including the holding of the auction sale.
Juanito anchored his objection on the ground that he is the true owner of the land and it
is a prerequisite to a valid mortgage that the mortgagor must be the owner. Santiagos
objection is based on the fact that Bush is a foreigner and as such, he cannot be a
mortgagee and in fact he is disqualified to own lands in the Philippines. Rule on the
objections and explain your answer.

Juanito and Santiagos contentions are not tenable. Juanito cannot claim that the mortgage
is invalid because Johnny Bush is an innocent mortgagee for value. When Albert was able
to secure a TCT over the land under his name and subsequently sold the land to Santiago,
an innocent purchaser for value, the forged deed became the root of a valid title. When
Santiago mortgaged the same land to Bush, the said mortgage is valid because Bush, as
mortgagee in good faith, has the right to rely on what appears on the certificate of title.
Since the certificate of title appears to be genuine and valid on its face, Bush has no duty to
go beyond the certificate and investigate the title of the mortgagor. As to Bush, Santiago is
the registered owner of the land.

As to Santiagos objection, Bush is indeed a foreigner and disqualified to own lands.

However, the Constitutional prohibition pertains only to ownership and acquisition by
aliens of lands in the country. In a contract of mortgage, the mortgagee does not acquire
ownership rights over the property unless he is the highest bidder in the auction sale.
Hence, an alien is allowed to be a mortgagee and even foreclose the land but cannot be a
bidder in the auction sale because of the Constitutional prohibition.

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