REGISTRATION OF LAND TITLES and DEEDS
S.Y. 2017-2018
ALO, AWING, DELA CERNA
I. BACKGROUND, BASIC CONCEPT AND GENERAL PRINCIPLES
Land title refers to that upon which ownership is based. It is the
evidence of the right of the owner or the extent of his interest,
and by which means he can maintain control, and as a rule,
assert right to exclusive possession and enjoyment of the
property.
Deed refers to a written instrument executed in accordance
with law, wherein a person grants or conveys to another certain
land, tenements or hereditaments.
Types of Estates
1. freehold estate, which indicates title of ownership;
fee simple- is meant an absolute title; it is an absolute
estate in perpetuity.
fee tail- one designed to pass title from the grantee to
his heirs, the intent of the grantor being to keep the
property in the grantees line of issue
life estate- one held for the duration of the life of the
grantee.
2. less-than-freehold estate, which signifies some sort of a
right short of title.
estate for years- in the nature of a lease, and therefore
is short of title. The term may be up to ninety-nine
years.
tenancy from period to period- in the nature of a lease
which may run from month to month or from year to
year, with the peculiarity of automatic renewal from
time to time, unless expressly terminated by either
party
tenancy at will- where a person is permitted to occupy
the land of another without any stipulation as to
period, but either party reserves the right to terminate
the occupation at will or at any time.
Registration of title distinguished from recording of evidence
of title.
In title registration, the state provides a public record of the
title itself upon which a prospective purchaser or someone else
interested may rely. On the other hand, recording acts provide
for the recording of deeds of conveyance and other
instruments, without guaranteeing the title, leaving to the
prospective purchasers or other
persons interested to examine the instruments in the records
and formulate their own conclusions as to their effect on the
title.
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
3 systems of registration of land titles and deeds
1. Spanish Mortgage Law (abolished by PD 892)
2. Torrens system (PD No. 1529 ,June 11, 1978,
PROPERTY REGISTRATION DECREE)
3. system of recording for unregistered lands
Registration, purpose and effect in general.
Registration does not vest title. It is not a mode of acquiring
ownership but is merely evidence of such title over a particular
property.
afford some means of publicity
prevent fraudulent claims
constructive notice to 3rd persons
notify and protect the interests of strangers to a given
transaction
Registration, original distinguished from subsequent
original registration- when right of ownership or title
to land is for the first time made of public record under
any of the existing systems of registration. A
proceeding brought before the land registration court
to determine title of ownership to the land on the
basis of an application filed for registration or of an
answer filed by a claimant in a cadastral registration
case.
subsequent registration- any further transaction
affecting such originally registered land. A proceeding
where incidental matters after original registration
may be brought before the land registration court by
way of motion or petition fi led by the registered
owner or a party in interest.
Registration- a proceeding in rem, which shall be binding
upon all persons known or unknown.
Only real property or real rights may be object of
registration under the existing land registration laws.
Modes of acquiring land titles
1. by public grant
No public land can be acquired by private persons
without any grant, express or implied from
government
Tax declarations are not conclusive proof of
ownership in land registration cases
Forest lands or forest reserves are not capable of
private appropriation and possession
2. by adverse possession
voluntary (10 yrs) good faith
extraordinary (30 yrs)
 REGISTRATION OF LAND TITLES and DEEDS
S.Y. 2017-2018
ALO, AWING, DELA CERNA
TRUST IMPLIED OR EXPRESSED
(a) It is a relationship
(b) relationship of fiduciary in character
(c) relationship with respect to property, not one involving
merely personal duties
(d) It involves the existence of equitable duties imposed
upon the holder of the title to the property to deal with it
for the benefit of another
(e) It arises as a result of a manifestation of intention to
create the relationship.
Implied trust is defined as the right, enforceable solely in
equity, to the beneficial enjoyment of property, the legal title to
which is vested in another and is further subdivided into
resulting and constructive trust.
3. by accretion
1. The accumulation of soil or sediment must be gradual
and imperceptible;
2. It is the result of the actions of the waters of the river;
3. 3. The land where the accretion takes place is adjacent
to the bank of the river.
Accretion is the process whereby the soil is deposited, while
alluvium is the soil deposited on the estate fronting the river
bank.
4. by reclamation
filling of submerged land by deliberate act and reclaiming
title thereto.
5. by private grant or voluntary transfer
usual means by which title to land is transferred by the
owner himself or his duly authorized representative. Here
the consent or cooperation of the grantor is an essential
element
6. by involuntary alienation
does not require the consent or cooperation of the owner of
the land, and, in fact, is usually carried out against his will.
7. by descent or devise
hereditary succession to the estate of a deceased owner
8. by emancipation patent
tenant-farmers etc
II TORRENS SYSTEM: ORIGIN, NATURE, AND CHARACTERISTICS
ADVANTAGES:
1. It abolishes endless fees.
2. It eliminates repeated examinations of titles.
3. It reduces records enormously.
4. It instantly reveals ownership.
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
5. It protects against encumbrances not noted on the Torrens
certificate.
6. It makes fraud almost impossible.
7. It assures.
8. It keeps up the system without adding to the burden of
taxation. Because the beneficiaries of the system pay the
fees.
9. It eliminates tax titles.
10. It gives practically eternal title as the State insures
perpetually.
11. It furnishes state title insurance instead of private title
insurance.
12. It makes possible the transfer of titles or of loans within
the compass of hours instead of a matter of days and weeks.
BENEFITS:
1. It has substituted security for insecurity.
2. It has reduced the cost of conveyance from pounds to
shillings, and the time occupied from months to days.
3. It has exchanged brevity and clearness for obscurity and
verbiage.
4. It has so simplifi ed ordinary dealings that he who has
mastered the three Rs can transact his own conveyancing.
5. It affords protection against fraud.
6. It has restored to their just value many estates, held under
good-holding titles but depreciated in consequence of some
blur or technical defect, and has barred the re-occurrence of
any similar faults.
7. It has largely diminished the number of chancery suits, by
removing those conditions that afford ground for them.
STABILITY OF TORRENS SYSTEM
guarantees of the government in the form of title
insurance backed up by a permanent assurance fund
PURPOSE OF TORRENS TITLE
to quiet title to land; to put a stop forever to any
question of the legality of the registration, in the
certificate, or which may arise subsequent thereto.
relieves the land of unknown liens or claims, just or
unjust, against it.
Failure to Register Deed
conveyance shall not be valid against any person unless
registered, except
(1) the grantor,
(2) his heirs and devisees, and
(3) third persons having actual notice or knowledge thereof.
 REGISTRATION OF LAND TITLES and DEEDS
S.Y. 2017-2018
ALO, AWING, DELA CERNA
PROCEDURE IN ORDINARY LAND REGISTRATION CASE:
(S-F-S-T-P-S-F-H-P-I-E-S-T)
1. Survey of land by the Bureau of Lands or a duly licensed
private surveyor;
2. Filing of application for registration by the applicant;
3. Setting of the date for the initial hearing of the
application by the Court;
4. Transmittal of the application and the date of initial
hearing together with all the documents or other
evidences attached thereto by the Clerk of Court to the
Land Registration Commission (now National Land Titles
and Deeds Registration Administration);
5. Publication of a notice of the fi ling of the application and
date and place of hearing once in the Official Gazette and
once in a newspaper of general circulation in the
Philippines;
6. Service of notice upon contiguous owners, occupants and
those known to have interest in the property by the
Sheriff;
7. Filing of answer or opposition to the application by any
person whether named in the notice or not;
8. Hearing of the case by the Court;
9. Promulgation of judgment by the Court;
10. Issuance of the decree by the Court declaring the decision
final and instructing the National Land Titles and Deeds
Registration Administrator to issue a decree of
confirmation and registration;
11. Entry of the decree of registration in the National Land
Titles and Deeds Registration Administration;
12. Sending of copy of the decree of registration to the
corresponding Register of Deeds (Registrar of Land Titles
and Deeds); and
13. Transcription of the decree of registration in the
registration book and the issuance of the owners
duplicate original certificate of title of the applicant by the
Registrar of Land Titles and Deeds, upon payment of the
prescribed fees.
III APPLICATION IN ORDINARY REGISTRATION PROCEEDINGS
Who may apply? O-P-A-A
(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 fi de
claim of ownership since June 12, 1945, or earlier.
(2) Those who have acquired ownership of private lands by
prescription under the provisions of existing laws.
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
(3) Those who have acquired ownership of private lands or
abandoned river beds by right or 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 fi
le 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.
Form and contents of application
shall be in writing
signed by the applicant or the person duly authorized
in his behalf
and sworn before any officer authorized to administer
oath for the province or city where the application was
actually signed.
If there is more than one applicant, the application
shall be signed and sworn to by and in behalf of each.
The application shall contain a description of the land and shall
state the citizenship and civil status of the applicant, whether
single or married, and, if married, the name of the wife or
husband, and, if the marriage has been legally dissolved, when
and how the marriage relation terminated. It 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 to find them. It shall further
state whether the property is conjugal, paraphernal or
exclusively owned by the applicant.
May a non-resident file application?
YES provided he be represented by an agent residing in the
Philippines, presenting with the application the appointment or
power of attorney, showing the full name and postal address
of the agent, and agreeing that the service of any legal process
upon such agent shall have the same legal effect as if served
upon the applicant in the Philippines. If the agent dies or
becomes insane or leaves the country in the course of the
proceeding, the applicant is bound to appoint a new agent or
 REGISTRATION OF LAND TITLES and DEEDS
S.Y. 2017-2018
ALO, AWING, DELA CERNA
representative, and, in case of failure to do so, the application
may be dismissed.
Where to file application?
filed with the clerk of the Regional Trial Court of the
province or city where the land is situated. The Clerk of
Court may not accept any application unless it is shown
thereon that the applicant has furnished the Director of
Lands with a copy thereof, including all annexes (and
payment too)
Fees payable upon filing application
Based on Assessed Value
If not assessed for taxation, Market Value
Proceeding for registration of land, one in rem.
A land registration proceeding is in rem and, therefore, the
decree of registration is binding and conclusive against all
persons including the government and its branches.
Action to recover title to land, one in personam
What to accompany application:
(a) tracing-cloth plan duly approved by the Director of
Lands, together with two blueprint or photographic copies
thereof;
(b) three copies of the corresponding technical descriptions;
(c) three copies of the surveyors certificate;
(d) all original muniments of title in the possession of the
applicant which prove his rights, to the title he prays for or
to the land he claims; and
(e) certificate in quadruplicate of the city or provincial
treasurer of the assessed value of the land, at its last
assessment for taxation, or, in the absence thereof, that of
the next preceding year.
However, in case the land has not been assessed, the
application may be accompanied with an affidavit in
quadruplicate of the fair market value of the land, signed by
three disinterested persons.
Amendments of application.
Section 19 of the Decree specifically states:
Amendments to the applicant including joinder, substitution,
or discontinuance as to the parties may be allowed by the court
at any stage of the proceedings upon just and equitable terms.
Amendments which 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 shall be
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
subject to the same requirements of publication and notice as
in an original application
An amendment due to change of name of the applicant does
not require publication
Plans to be approved by Director of Lands and
submitted in evidence.
Signature of Directors of Lands on survey plan is
required otherwise the title is void.
Muniments of title- instruments or written evidences which the
applicant holds or possesses to enable him to substantiate and
prove title to his estate.
IV PUBLICATION, ANSWER, AND DEFAULT
Publication of notice:
upon receipt of the order of the court setting the date for initial
hearing, shall cause a notice of the hearing to be published in
the Official Gazette and once in a newspaper of general
circulation in the Philippines. The notice is to be addressed to
all persons appearing to have an interest in the land involved,
including adjoining owners so far as known, and in general to
all whom it may concern. The notice requires all persons
concerned to appear in court on the date and time indicated to
show cause why the application for registration should not be
granted. The publication in the Official Gazette shall be
sufficient to confer jurisdiction upon the court.
The publication in the Official Gazette binds the whole world,
inclusive of those who may be adversely affected and those
who factually have been innocent of such publication. This is
the only way to give meaning to the finality and indefeasibility
of the Torrens title to be issued, as against the argument that
such rule could result to actual injustice
Laches- the negligence or omission to assert a right within a
reasonable time, warranting a presumption that the party
entitled to assert it either has abandoned it or declined to
assert it
Land Registration Proceeding in Rem- validated essentially
through publication
Purpose and effects of publication.
to confer jurisdiction over the land applied for upon the
court, and
to charge the whole world with knowledge of the
application of the land involved, and invite them to take
 REGISTRATION OF LAND TITLES and DEEDS
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ALO, AWING, DELA CERNA
part in the case and assert and prove their rights over the
property subject thereof.
Form of notice
posted fourteen days in advance of the date set for the
hearing
Mailing and proof of publication and notice
within seven days after the publication of the notice in
the Official Gazette, the Administrator of Land
Registration Authority shall cause a copy of the notice
to be mailed to every person named therein whose
address is known
Notice essential to due process
invite all persons concerned who may have any rights
or interests in the property applied for to come to the
court and show cause why the application should not
be granted.
Personal notice necessary but not indispensable
To all whom it may concern, all the world are made
parties defendant.
To require personal notice as a prerequisite to the
validity of registration would absolutely prohibit the
foreclosure of unknown claims, for the reason that
personal notice could never be given to unknown
claimants.
Who may oppose or answer?
Any person claiming an interest, whether named in the
notice or not, may appear and file an opposition or
answer on or before the return day, or within such
further time as may be allowed by the court
Requisites of an opposition:
(1) It shall set forth all the objections to the application and
(2) It shall state the interest claimed by the party fi ling the
same.
Is affirmative relief obtainable in answer?
Under the Public Land Act, permitting any number of persons
(Section 50) to seek judicial confi rmation of imperfect or
incomplete title to land by presenting their respective
applications, praying that the validity of the alleged title or
claim be inquired into and determined accordingly. So also in
cadastral proceedings, where an answer or claim may be fi led
with the same effect as an application for registration
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
Basic ground for opposition:
an application for registration may be objected to, if
the opposition is based on the right of dominion or
some other real right opposed to the adjudication or
recognition of the ownership of the petitioner,
whether it be limited or absolute
It is only the legal personal right of the respondent,
prejudiced by the judgment of the lower court, that
can be considered as a valid ground.
Effect of failure to answer.
If no person appears and answers within the time allowed, the
court may at once upon motion of the applicant, no reason to
the contrary appearing, order a general default to be recorded
and the application to be taken for confessed.
General default not a guarantee to success of application
He must show, even though there is no opposition, to the
satisfaction of the court, that he owns the legal estate in fee
simple.
Order of default may be set aside
Issuance of order of general default presumed.
General default distinguished from special default.
a general default may be ordered by the court if no
person appears and answers within the time
prescribed.
Where a party appears at the initial hearing without
having filed an answer or opposition and asks the court
for time within which to file the same, and this has
accordingly been granted, in case of failure of such
party to fi le his answer or opposition within the period
allowed, he may be declared specially in default.
Order of default, when appealable.
when the party in default files a motion to set aside
the order of default on the ground or grounds stated in
Rule 38 of the Rules of Court, in which event he is
entitled to notice of all proceedings.
Withdrawal of application in a land registration case does not
terminate proceedings if there is an adverse claim
 REGISTRATION OF LAND TITLES and DEEDS
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ALO, AWING, DELA CERNA
V HEARING AND EVIDENCE
By express provision of Rule 143 of the Rules of Court, the rules
contained therein are not applicable to land registration and
cadastral cases, except by analogy or in a suppletory character
and when practicable and convenient
The Rules of Court may be applied in cadastral cases when two
conditions are present:
(1) analogy or need to supplement the cadastral law; and
(2) (2) practicability and convenience.
Assignment to referee
the court may either hear the parties and their evidence
or refer the case or any part thereof to a referee, also
known as commissioner, the latter clothed with power to
hear the parties and their evidence and make report
thereon to the court.
Motion to dismiss
may be availed of by the parties in land registration
proceedings under Rule 132 thereof
Dismissal without prejudice.
dismissing the application if the court finds that the
applicant does not have title proper for registration
it simply means that it is not a conclusive judgment and
the principle of res judicata does not apply
Requisite for reinstatement of case previously dismissed
without prejudice.
cannot be reinstated without new notices and new
citations to all of the persons interested
Courts with jurisdiction to hear land registration cases
MTC/ MCTC (delegated jurisdiction): contested lots the
value of which does not exceed P20,000.00. (BP 129)
RTC (limited jurisdiction): above 20k
Land titles; as between the parties to a donation of an
immovable property, all that is required is for said donation to
be contained in a public document.
Land registration under P.D. 1529.
Land registration courts can now hear and decide even
controversial and contentious cases.
That court now has the authority to act not only on
applications for original registration, but also on all
petitions fi led after the original registration of title
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
Extent in exercise of jurisdiction
The court cannot permit a faulty title to be registered
simply because it happens to be better than a still
more faulty one presented by the respondent
Proceedings for ordinary registration under Land Registration
Act and for judicial confirmation of imperfect title under
Public Land Act, distinguished.
LRA:
there exists already a title which is to be confirmed by
the court
the court may dismiss the application with or without
prejudice to the right to fi le a new application for the
same land
ordinary risk that an applicant runs is to have his
application denied without losing his land
PLA:
presumption always is that the land applied for
belongs to the State,
while the court has jurisdiction or power to adjudicate
the land in favor of any of the conflicting claimants, it
cannot however dismiss the application without
prejudice or permit a new application to be fi led for
the same land
if the applicant fails, even if there was no oppositor ,
he runs the risk of losing the land applied for as it will
be declared land of the public domain and the decision
to that effect becomes res judicata.
Evidence necessary to prove title.- presentation of
documentary evidence which may be in the form of a
chain of titles:
royal grant (titulo real),
special grant (concession especial),
adjustment title (composicion con el estado)
and title by purchase (titulo de compra)
a possessory information is not suffi cient to confer title
susceptible of registration. In addition to it, it is required
that the applicant be the owner of the property or that he
has been in actual possession thereof for the period
required by law.
Tax deed- not conclusive evidence of ownership, yet when
they are coupled with open, adverse, and continuous
possession in the concept of owner, such documents
constitute evidence of great weight in support of the claim
 REGISTRATION OF LAND TITLES and DEEDS
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ALO, AWING, DELA CERNA
of ownership. They constitute at least proof that the holder
had a claim of title over the property
Nature of the requirement to submit original tracing cloth
MANDATORY REQUIREMENT
The reason for this rule is to establish the true identity of
the land to ensure that it does not overlap a parcel of land
or a portion thereof already covered by a previous land
registration, and to forestall the possibility that it will be
overlapped by a subsequent registration of any adjoining
land.
Title to public lands established through continuous
occupation
An open, continuous, adverse, and public possession
of land of the public domain from time immemorial by
private individual personally and through his
predecessors confers an effective title on said
possessor, whereby the land ceases to be public, to
become private property.
Article 531 possession may be acquired by any of the following
ways:
1. by the material occupation of the thing;
2. by the exercise of a right;
3. by the fact that it is subject to the action of our will;
4. by the proper acts and legal formalities established for
acquiring such right.
Title established through composition with State
Spanish title (titulo de composicion) can no longer be used
from and after August 16, 1976, as evidence of ownership
in land registration proceedings under the Torrens system
Collection of rents as evidence of ownership.
may be considered an attribute of an owner, it is not safe
to assume that all who collect rents are owners.
Prescription as basis of ownership.
possession must be that of owner, and it must be
public, peaceful, and uninterrupted
Public instruments as evidence of ownership.
Ex. Deed of Sale
Doctrine of part performance, an exception.
Partition among heirs not covered by statute of frauds.
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
Determination of registrable title
RTC deemed to have all the necessary power to
exercise such jurisdiction and make it effective
Requisites of registrable title.
1. the land is alienable public land; and
2. his open, continuous, exclusive and notorious
possession and occupation of the same are either since
time immemorial or for the period prescribed in the
Public Land Act.
Land already covered by patent cannot be registered.
Genuineness of title and identity of land
An applicant for registration of land, if he relies on a
document evidencing his title thereto, must prove not
only the genuineness of his title thereto, but also the
identity of the land therein mentioned.
VI JUDGMENT AND DECREE
Decree and judgment compared.
Decree- the court decision or judgment of dismissal
while a judgment may always be considered a decree,
not all decrees are judgments
When judgment becomes final
upon the expiration of thirty days from the date on
which the party who may appeal has been served with
a notice of the judgment
Form of judgment
judgment or decision constitutes the opinion of the
court after taking into consideration the evidence
submitted by the parties in the controversy.
Judgment may be rendered confirming the title of the
applicant
Issuance of decree
As provided by law, if the court finds after hearing that
the applicant or adverse claimant has title as stated in
his application or adverse claim and proper for
registration, a decree of confirmation and registration
shall be entered.
Statutory liens affecting title
1. First, Liens, claims or rights arising or existing under
the laws and Constitution of the 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.
 REGISTRATION OF LAND TITLES and DEEDS
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ALO, AWING, DELA CERNA
2. Second. Unpaid real estates taxes levied and assessed
within two years immediately preceding the
acquisition of any right over the land by an innocent
purchaser for value, without prejudice to the right of
3.
4. the government to collect taxes payable before that
period from the delinquent taxpayer alone.
5. Third. Any public highway or private way established
or recognized by law, or any government irrigation
canal or lateral thereof, if the certificate of title does
not state that the boundaries of such highway or
irrigation canal or lateral thereof have been
determined.
6. Fourth. Any disposition of the property or limitation
on the use thereof by virtue of, or pursuant to,
Presidential Decree No. 27 or any other law or
regulations on agrarian reform such as Republic Act
No. 6657 known as the Comprehensive Agrarian
Reform Program.
Encumbrance created by administrative directive, null and
void.
Undisclosed encumbrances strictly construed.
Adverse possession not an encumbrance.
it was held that an adverse possession of property by
another is not an encumbrance in law, and does not
contradict the condition that the property is free from
encumbrance; nor is it a lien, which connotes security
for a claim.
Form of decree
Every decree of registration shall bear the day of the
year, hour, and minute of its entry, and shall be
signed by the Administrator of the Land Registration
Authority in his ex offi cio capacity as Clerk of Court in
land registration matters. The decree shall state
whether the owner is married or unmarried, and if
married, the name of the husband or wife, provided
that if the land adjudicated is conjugal property, it shall
be issued in the names of both spouses. If the owner is
under disability, it shall state the nature of the
disability, and if a minor, his age. It shall contain a
description of the land as finally determined by the
court, and shall set forth the estate of the owner, and
also, in such manner as to show their relative priority,
all particular estates, mortgages, easements, liens,
attachments and other encumbrances, including rights
of tenant-farmer, if any, to which the land or owners
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
estate is subject, and may contain any other matter
properly to be determined in pursuance of Presidential
Decree No. 1529. The decree shall be stated in a
convenient form for transcription upon the certificate
of title
(SAMPLE LANG CHERET)
Decree No. 145230
REPUBLIC OF THE PHILIPPINES
Court of First Instance
Quezon Province
Case No. 1232, L. F. C. Record No. 22862, having been duly and
regularly heard in accordance with the provisions of law, it is
hereby decreed that Alejandra de los Reyes, a widow, Filipino,
and resident of Sariaya, Quezon Province is the owner in fee
simple of certain land situated in said Province more
particularly bounded and described as follows:
(Technical description of the land)
Therefore, it is ordered by the Court that said land be registered
in accordance with the provisions of the Property Registration
Decree in the name of said Alejandra de los Reyes, subject,
however, to such of the encumbrances mentioned in section 44
of said law as may be subsisting, and to: . . . . . ..
WITNESS the Honorable . . . . . . . . Judge of said Court, the 30th
day of June, A.D., Nineteen hundred and seventy-eight.
Issued at Quezon City, Philippines, the 1st day of August, A.D.,
1978, at 8:30 a.m.
Attest: ________________________________ Commissioner of
Land Registration
A decree of registration confirms the ownership of
the applicant over the land subject of the application
Decree of land includes buildings and improvements thereon
Ownership of building alone cannot be registered separately
Decree proper in land registration
two classes
1. decrees dismissing the application and
referred to in Section 37
2. decrees of confi rmation and registration
dealt with in the next succeeding four sections
of the Act
** TORRENS TITLE MUST BE ISSUED AFTER JUDGMENT HAS
BECOME FINAL, OTHERWISE VOID***
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When decree of registration becomes final.
Upon the expiration of the said term of one year (from
the date of issuance and entry), every decree or
certificate of title issued accordingly shall be
incontrovertible.
Conclusiveness of decree of registration.
A land registration proceeding is in rem, and,
therefore, the decree of registration is binding upon
and conclusive against all persons because all
interested parties are considered as notified by the
publication required by law.
A decree that has become final shall be deemed
conclusive not only on the questions actually contested
and determined but also upon all matters that might
be litigated or decided in the land registration
proceedings.
Reason for finality of decree
When once a decree of registration is made under the
Torrens system, and the time has passed within which
that decree may be questioned, the title is perfect and
cannot later on be questioned
Amendment of decree to include new owner
Allowed only when the amendment is for the purpose
of including new owners in the certificate
Change of decree from owner to purchaser
Decree to non-claimants; effect of subsequent dealings.
The Court has no jurisdiction to decree a lot to persons
who have put no claim to it and have never asserted
any right of ownership thereon
Writ of possession; persons entitled thereto
implies the delivery of possession of the land to the
successful litigant therein
after registration has once been awarded, the granting
of a writ of possession becomes a matter of
expediency
available in the ff cases:
1. in land registration proceeding, which is a
proceeding in rem
2. in extrajudicial foreclosure of mortgage
3. in judicial foreclosure of mortgage, which is a
proceeding quasi in rem, provided that the
mortgagor is in possession of the mortgaged
property and no third person had intervened;
and
4. in execution sales
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
Against whom may writ of possession lie
it cannot be used either against the party in whose
favor the land was decreed to be registered or against
his representatives or his successors in interest.
Collateral attack not bar to writ of possession
it cannot be collaterally attacked by persons claiming
title to or interest in the land prior to the registration
proceeding.
When writ of possession may not issue
Where the parties against whom a writ of possession is
sought have been in possession of the land for at least
ten years, and they entered into possession apparently
after the issuance of the final decree, and none of
them had been an oppositor in the registration
proceeding, the writ of possession will not issue.
Ordinary means to recover possession.
1. action for forcible entry or unlawful detainer
2. accion publiciana
3. accion reivindicatoria,
Judgment when considered res judicata
A final judgment in an ordinary civil case determining
the ownership of land is res judicata in a registration
proceeding where the parties and the property are the
same as in the former case.
Judgment when not considered res judicata.
A judgment dismissing an application for the
registration of land does not operate as a conclusive
adjudication (res judicata) between the applicant and
the opponent who has successfully resisted the
application.
Remedies available to aggrieved party in registration
proceedings.
(1) new trial
Grounds:
(a) Fraud, accident, mistake or excusable negligence which
ordinary prudence could not have guarded against and by
reason of which such aggrieved party has probably been
impaired in his rights; or
(b) Newly discovered evidence, which he could not, with
reasonable diligence, have discovered and produced at
the trial, and which is presented would probably alter the
result.
(c) Evidence was insufficient to justify the decision, or the
decision is against the law.
 REGISTRATION OF LAND TITLES and DEEDS
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(2) appeal;
(3) review of decree of registrationONLY GROUND FOR
REVIEW: ACTUAL FRAUD
Conditions:
(1) That the plaintiff is the owner of the land ordered
registered in the name of the defendant, or that the
plaintiffs lien or interest in said property does not appear
in the decree or title issued in the defendants name;
(2) that the registration was procured through actual
fraud, or that the omission of the lien or interest was
fraudulent;
(3) that the property has not been transferred to an
innocent purchaser for value; and
(4) that the action is fi led within one year from the
issuance and entry of the decree of registration. The fraud
contemplated here must be extrinsic. And it is extrinsic
when it is employed to deprive a party of his day in court,
thereby preventing him from asserting his right to the
property registered in the name of the applicant.
(4) relief from judgment;
fraud, accident, mistake, or excusable negligence
Form and contents of petition; period of filing
The petition must be verified, fi led within sixty days
after the petitioner learns of the judgment
(5) reconveyance;
is a remedy of a landowner whose property has been
wrongfully or erroneously registered in the name of
another, but which remedy can not be availed if the
property has passed to an innocent purchaser for value.
Prescriptive Period : 10 yrs from date of issuance of
title
(6) recovery of damages.
Remedy of an owner who has fraudulently deprived of
his land which was subsequently sold to an innocent
purchaser for value, is to fi le an action for damages
against the person who perpetrated the fraud within
four (4) years from the date of discovery of the
deception
Requisites for claiming damages:
1. that the person is in reality wrongfully deprived of his land
by the registration in the name of another of the land by actual
or constructive fraud;
2.that there was no negligence on his part;
3. that he is barred or in any way precluded from bringing an
action for the recovery of the land or interest therein; and,
4. that the action for compensation has not prescribed.
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
VII CERTIFICATE OF TITLE
A Torrens title is the certificate of ownership issued
under the Torrens system of registration by the
government, thru the Register of Deeds naming and
declaring the owner in fee simple of the real property
described therein, free from all liens and encumbrances
except such as may be expressly noted thereon or
otherwise reserved by law.
A certificate of title is the transcript of the decree of
registration made by the Register of Deeds. Once
issued, the certificate is the evidence of the title which
the owner has. The official certificate will always show
the status of the title and the person in whom it is
vested.
Where the certificate of title is in the name of the
vendor when the land is sold, the vendee for value has
the right to rely on what appears on the certificate of
title.
Indefeasibility of a free patent title
- an original certificate of title issued on the strength of
a homestead patent partakes of the nature of a
certificate of title issued in a judicial proceeding, as
long as the land disposed of is re- ally part of the
disposable land of the public domain and becomes
indefeasible and incontrovertible upon the expiration
of one year from the date of promulgation of the order
of the Director of Lands for the issuance of patent.
Process in the entry of initial certificate of title
-15 days from entry of judgment, issue an order directing the
administrator of land to issue corresponding decree of
registration and certificate of title.
Certificate as evidence of title
-unless bad faith can be established on the part of
the person appearing as owner on the certificate of
title, there is no other owner than that in whose
favor it has been issued.
-A Torrens certificate is the best evidence of ownership
of registered land
- A mortgagee has the right to rely on what appears in
the certificate of title, and in the absence of anything to
excite suspicion is under no obligation to look beyond
the certificate and investigate the title of the mortgagor
appearing on the face of the certificate.
Who has right to possess owners duplicate certificate.
-Section 41 of Act No. 496, as amended by P.D. No. 1529,
provides that the owners duplicate certificate shall be
 REGISTRATION OF LAND TITLES and DEEDS
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issued by the Register of Deeds in the name of the
person in whose favor the land was de- creed, and
further disposes that said duplicate shall be delivered
to the registered owner.
Original and transfer certificates of title
ORIGINAL- issued for the first time
TRANSFER- subsequent titles
Land registered in the name of two different persons
The general rule is that in the case of two certificates of
title, purporting to include the same land, the earlier in
date prevails, whether the land comprised in the latter
certificate be wholly, or in part, comprised in the earlier
certificate.
Protection of innocent third person
Every person dealing with registered land may safely
rely on the correctness of the certificate of title issued
therefor and the law will in no way oblige him to go
behind the certificate to determine the condition of the
property.
- The remedy of the defrauded party is to bring an
action for damages against those who caused the fraud
or were instrumental in depriving him of the property.
Good faith, how determined
-implies freedom from knowledge and circumstances
which ought to put a person on inquiry
- It has been held that a purchaser in good faith is one
who buys the property of another without notice that
some other person has a right to or interest on such
property and pays a full and fair price for the same at
the time of such purchase or before he has notice of
the claim or interest of some other person in the
property. It is enough that he examines the latest
certificate of title which was issued in the name of the
immediate transferor.
Registration without effect unless made in good faith
- Thus, when one purchases property with full
knowledge that his vendor has previously sold the
property to another person, he acquires only the right,
if any, which the vendor then had.
- The Torrens system of land registration, though
indefeasible, should not be used as a means to
perpetuate fraud against the rightful owner of real
property.
-Mere registration of sale is not good enough, good
faith must concur with registration. Otherwise
registration becomes an exercise in futility.
Holder in bad faith, not protected
- one who builds a house on anothers registered land
believing this to be his own registered lot, because he
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
did not investigate properly, is held to be a builder in
bad faith. He is deemed to have a presumptive
knowledge of the pertinent Torrens title covering the
particular land, the area involved, and the extent of its
boundaries.
Co- owners are entitled to separate certificates
Sale by co-owners allowed
- The sale or other disposition can affect only his
undivided share, and the transferee gets only what
corresponds to his grantor in the property owned in
common.
Torrens title binds the land to system forever
Torrens title not subject to prescription
- A title once registered cannot be defeated, even
by adverse, open, and notorious possession
Right to recover possession equally imprescriptible
Certificate in name of wife; property covered not
necessarily paraphernal
Sale of wife of her portion in conjugal property void
What title covers
-covers the land described therein, together
with all the buildings and improvements
existing thereon, unless an express reservation
shall have been annotated on the certificate. It
does not include such pub- lic thoroughfares
as were already in existence at the time title
was acquired.
VIII VOLUNTARY DEALINGS
-It is the act of registration that operates to convey registered
land or affect title thereto.(Section 51, PD No.1529)
Section 52, PD No. 1529
-By registration, it creates constructive notice to the
whole world.
It has been held that where there was nothing in the
certificate of tile to indicate any cloud or vice in the
ownership- of the property or any encumbrance, the
purchase is not required to explore farther than what
the Torrens title upon its face indicates in quest of any
hidden defect or inchoate right that may subsequently
defeat his right thereto.
Doctrine in Lanci vs. Yanco
equity was preferred to clear provision of law.
 REGISTRATION OF LAND TITLES and DEEDS
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instruments executed by the owners purporting to
transfer or encumber registered land shall operate
only as evidence of authority to the Register of Deeds
to effect registration, and that it is the act of
registration that shall be the operative act to convey
and effect the land.
Section 54
Specifies the manner of accomplishing registration.
no new certificate of title shall be entered or issued
upon any transfer of registered land which does not
dives the land in fee simple from the owners or from
someone of the registered owners.
Roa v De la Rama
entry in the day book of the Register of deed is not a sufficient
accomplishment of registration until and unless a memorandum
of such document is made on the certificate of title.
Sufficiency of registration of voluntary dealing in land
where the owners duplicate certificate of title has
been presented with the document sought to be
registered and the registration fees paid, although the
purchaser has not actually obtained a new certificate
of title issued in his name, still registration may be
deemed accomplished or sufficient.
In voluntary registration, such as a sale, mortgage,
lease and the like, if the owners duplicate certificate
be not surrendered and presented or if no payment of
registration fees be made within fifteen days, entry in
the day book of the deed of sale does not operate to
convey and affect the lan sold.
an innocent purchaser for value of registered land
becomes the registered owner and in the
contemplation of law the holder of a certificate thereof
the moment he presents and files a duly notarized and
lawful deed of sale and the same is entered on the day
book and at the same time he surrenders or presents
the owners duplicate registration fees, because what
remains to be done lies not within the power to
perform.
Presentation of title with instruments required; also when not
required
For the registration of voluntary instruments, the
owners title should be presented because it is
necessary not only to record the deed, instrument of
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
assignment, mortgage, or lease in the entry book of
the registry, but also cause a memorandum thereof
made by the Register of Deeds on the owners
duplicate certificate and its original.
The law requires the production of the owners
duplicate certificate by the registrant for a voluntary
instrument to be registered, because as a voluntary
instrument is a willful act of the registered owner of
the land to be affected by the registration, it is to be
presumed that he is interested in registering the
instrument, and would willingly surrender, present or
produce his duplicate certificate of title to the office of
the Register of Deeds in order to accomplish such
registration.
Effect of failure to register
The purchaser does not necessarily lose his rights by
his mere failure to register until after a third party who
has acquired the land in good faith and for value shall
have registered the subsequent deed.
However, the purchaser who knows or ought to know
that the land he is acquiring has previously been sold,
but which sale has not been registered, is not a
purchaser in good faith and for that reason his
acquisition cannot defeat the right of the first
purchaser on the mere ground that the second deed
has been registered.
It is a well settled rule that registration is not necessary
to make a contract of sale valid and effective as
between the parties for actual notice is equivalent to
registration.
The purpose of registration is to give notice to third
persons.
Elevation of doubts and controversies to Commissioner of Land
Registration
When the Register of deed is in doubt with regard to the proper
step to be taken to be made in pursuance of any deed, the
question shall be submitted to the Commissioner of Land
Registration either upon the certification of the Register of
Deeds or upon the suggestion in writhing by the party in
interest.
Appeal from decision of Land Registration Commission
Under the provision of Section 4 of Republic Act 1151, when a
party in interest disagrees with the ruling or resolution of the
Commissioner of Land Registration and the issue involves a
question of law, appeal could be taken therefrom directly to the
Supreme Court.
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Register of Deeds not authorized to determine whether or not
fraud was committed in the deed sought to be registered
The duties enjoined upon the Register of Deeds by Section 57 of
the Land Registration Act are clearly ministerial and mandatory
in character, not only as indicated by the auxiliary shall but by
the nature of such functions required to be performed by him.
Invalidity of contract not valid objection to registration
No valid objection can be interposed to the registration of a
document by the Register of Deeds who finds nothing defective
or irregular on its face upon an examination thereof. If the
purpose of registration is merely to give notice, then questions
regarding the effect or invalidity of instruments are expected to
be decided after, not before, registration.
Formal details required of voluntary instruments
In passing upon the registrability of documents sought to be
registered, the Register of Deeds is charged with the power to
determine under his responsibility whether the formal
requisites of the law have been complied with.
The requirements for deeds and other voluntary instruments of
conveyance to be registrable thereunder are specified in the
law, thus:
(1) The presentation of the owners duplicate certificate
whenever any duly executed voluntary instrument is fi led for
registration;
(2) the payment of the prescribed registration fees and the
requisite documentary stamps;
(3) the evidence of full payment of real estate tax as may be
due; and
(4) the inclusion of one extra copy of any document of transfer
or alienation of real property, to be furnished the city or
provincial assessor. Upon satisfaction of such minimum
requirements set by the existing statutes, it becomes the duty
of the Register of Deeds to give course to registration. No
entity, except the legislature itself, may add to or detract from
or otherwise alter or amend the requirements it has so
enumerated and then only by the corresponding amendment
of the existing statutes or the enactment of new ones.
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
Sale of lands to aliens
The Supreme Court in the celebrated held that aliens are not
allowed to acquire ownership of urban or residential lands in
the Philippines, and as a consequence, all acquisitions made in
contravention of the prohibition since the fundamental law
became effective are null and void per se and ab initio. The
ruling is based mainly on the ground that private urban or
residential lands fall under the category of agricultural land and
to them the following constitutional provision squarely applies:
Save in cases of hereditary succession, no private lands shall be
transferred or conveyed except to individuals, corporations, or
associations qualified to acquire or hold lands of the public
domain.
Alien acquisition subject to public policyAs the Constitution is
silent as to the effects or consequences of a sale by a Filipino
citizen to an alien, and as both the citizen and the alien have
violated the law, none of them should have a recourse against
the other, and it should only be the State that should be
allowed to intervene and determine what is to be done with the
property subject of the violation.
Simultaneous registration of sales coursed thru alien buyer
allowed
The evil sought to be avoided by the constitutional inhibition, as
recently construed by the Supreme Court, is to prevent any
portion of our lands, including residential lots, from falling into
the hands of aliens. Such an eventuality is not present here,
because the registration, it has already been said, is sought not
to vest title in an alien but simply to enable an entity qualified
to hold the land to perfect its title.
Acquisition of land with money furnished by alien, when valid
In an actual case decided by the Court of Appeals, it was held
that acquisition by a citizen of the Philippines of private
agricultural lands with money given or donated to him by an
alien, provided the transaction was done in good faith, is valid.
Registration of alien corporation not a prerequisite to owning
real property.
Where an alien corporation may validly acquire lands in the
Philippines, it is not necessary as a prerequisite that it be
registered and authorized to transact business here. no private
corporation or association may hold alienable lands of the
public domain except by lease not to exceed one thousand
hectares in area. There is a similar provision in the 1987
Philippine Constitution, Article XII, Section 3, which provides
that private corporations or associations may not hold such
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alienable lands of the public domain except by lease, for a
period not exceeding twenty-five years, renewable for not more
than twenty-five years, and not to exceed one thousand
hectares in area. It is clear that if the land is still part of the
alienable and disposable lands of the public domain at the time
a corporation or association files an application for confi
rmation of imperfect or incomplete title thereto or at the time
such applicant acquired the land from a Filipino citizen, then the
aforequoted constitutional bar applies.
Alien religious corporation disqualified
The provisions of Act No. 271 of the Philippine Commission
which allow all religious associations, of whatever sect or
denomination, whether incorporated in the Philippines or in
other country, to hold land in the Philippines for religious
purposes, are deemed repealed by the absolute terms of Article
XIII, Section 5, of the (1935) Constitution, which limit the
acquisition of land in the Philippines to its citizens, or to
corporations or associations at least sixty per centum of the
capital of which is owned by such citizens, adopted after the
enactment of said Act No. 271.
Owners duplicate certificate as conclusive authority to
register accompanying deed
Registration procured by means of a forged duplicate certificate
or of a forged deed or other instrument is null and void. The law
requires that in case of the loss or theft of an owners duplicate
certificate, notice thereof need be sent to the Register of Deeds
as soon as the loss or theft is discovered.
Issuance of transfer certificate of title to purchaser essential
The entry of a memorandum of a conveyance in fee simple
upon the original certificate of title without the issuance of a
transfer certificate of title to the purchaser is not a sufficient
registration of such conveyance. The only exception to this rule
is in the case of a sale of an unsegregated portion of a parcel of
land covered by a certificate of title. When a deed in fee is for a
part only of the land described in a certificate of title, the
Register of Deeds cannot enter a new certificate of title to the
purchaser until a subdivision plan of such land showing all the
portions or lots into which it has been subdivided, and the
technical descriptions of each portion or lot have been verified
and approved by the Director of Land.
Forged deed as root of valid title
A forged deed is a nullity and conveys no title. A deed of sale
executed by an impostor without the authority of the owner of
the land sold is a nullity, and registration will not validate what
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
otherwise is an invalid document. However, where the
certificate of title was already transferred from the name of the
true owner to the forger, and while it remained that way the
land was subsequently sold to an innocent purchaser, the
vendee had the right to rely upon what appeared in the
certificate and, in the absence of anything to excite suspicion,
was under no obligation to look beyond the certificate and
investigate the title of the vendor appearing on the face of said
certificate. This is a concrete instance to illustrate how a forged
deed may be the root of a valid title in a bona fi de purchaser.
The mirror doctrine
A purchaser cannot close his eyes to facts which should
put a reasonable man upon his guard, and then claim
that he acted in good faith under the belief that there
was no defect in the title of the vendor.
Torrens title Between one who claims ownership of
the disputed property on the basis of a survey and
subdivision plan and another whose claim of
ownership flows from an original certificate of title in
the name of their parents the latters claim will
prevail. Requisites of an action for reconveyance: (1)
clear and convincing evidence of title to the property;
and (2) fact of fraud committed by the party who
registered the property in his/her name. Said action
presupposes the existence of a defrauded party who is
the lawful owner of the disputed property an
element not established in this case.
A title once registered under the Torrens System
cannot be defeated even by adverse, open and
notorious possession; neither can it be defeated by
prescription. It is notice to the whole world and as such
all persons are bound by it and no one can plead
ignorance of the registration. Registration of the sale
with the Register of Deeds constitutes notice to the
whole world.
Purchaser in good faith
It is a well settled rule that a purchaser or mortgagee cannot
close his eyes to facts which should put a reasonable man on his
guard, and then claim that he acted in good faith under the
belief that there was no defect in the title of the vendor or
mortgagor. His mere refusal to face up to the fact that such
defect exists, or his willful closing of his eyes to the possibility of
the existence of a defect in the vendors or mortgagors title,
will not make him an innocent purchaser for value, if it
afterwards develops that the title was in fact defective.
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it was held that the general rule that a person dealing with
registered land has a right to rely on the Torrens certificate of
title and to dispense with the need of making further inquiries
admits of exceptions: when the party has actual knowledge of
facts and circumstances that would impel a reasonably cautious
man to make such inquiry or when the purchaser has
knowledge of a defect or the lack of title in his vendor or of
sufficient facts to induce a reasonably prudent man to inquire
into the status of the title of the property in litigation.
Buyer in good faith; annotation of right
It is a well-established rule that every person dealing with
registered land may safely rely on the correctness of the
certificate of title issued and the law will in no way oblige him
to go behind the certificate to determine the condition of the
property.
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 in such property and pays a full and fair price for the
same at the time of such purchase or before he has notice of
the claim of another person.
The annotation of usufructuary rights does not impose upon
the mortgagee-buyer the obligation to investigate the validity
of its mortgagors title. Usufruct gives a right to enjoy the
property of another with the obligation of preserving its form
and substance.
Defective or void title may be the root of a valid title if it
passes to the hands of an innocent purchaser for value.
A void title is a useless piece of paper. It produces no right. The
Supreme Court, however, said that even assuming arguendo
that the procurement of the title was tainted with fraud and
misrepresentation, a defective title may be the source of a
completely legal and valid title in the hands of an innocent
purchaser for value. cost of documentary stamps are deemed
included in such expenses.
Priority of registration determined according to entries in day
book
It should be borne in mind, however, that entry in the day book
is the preliminary step in registration, while the annotation of
memorandum or the issuance of a new certificate of title is the
final step to accomplish registration.
Failure to examine entries not constituting negligence
Negligence should not be imputed to one who did not go
behind a certificate of title in view of the fact that if the Register
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
of Deeds has performed his legal duty such a certificate should
show all encumbrances on the land described therein.
Date of registration prevails over date of discovery
For the purposes of reckoning the period of prescription in
relation to an action to annul a supposedly fraudulent
transaction involving registered land, an earlier date of
registration thereof will be taken into account as against a
subsequent date of its actual discovery.
The mirror principle
a. A purchaser is not required to explore beyond what the
record in the registry indicates on its face, in quest for any
hidden defect or inchoate right which may subsequently defeat
his right thereto. b. The prevailing doctrine is that a mortgagee
has a right to rely in good faith on the certificate of title of the
mortgagor to the property given as security and in the absence
of any sign that might arose suspicion, has no obligation to
undertake further investigation.
Protection of buyers in good faith
In Islamic Directorate vs. CA, 292 SCRA 454, the Supreme Court
reiterated the rule that under the Torrens system of
registration, the minimum requirement for one to be a buyer in
good faith is that the vendee at least sees the owners duplicate
copy of the title and relies on the same.
Effect of registration of simulated sale
In Santiago vs. CA, 278 SCRA 98, the Supreme Court held that
where one does not have any rightful claim over real property,
the Torrens system of land registration can confirm or record
nothing. The Torrens system does not create title. It only
confirms and records titles already existing and vested. It does
not protect a usurper from the true owner. It cannot be a shield
for commission of fraud.
IX CONVEYANCE IN FEE
Process
An owner desiring to convey in fee a registered land must
have to execute a deed of conveyance, which the grantor
or the grantee may present to the Office of the Registry of
Deeds where the land lies (producing therewith grantors
duplicate certificate).
Registrar makes out in the registration book a new
certificate of title (in duplicate) in the name of the grantee,
delivering to him the duplicate marked owners duplicate
certificate.
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Upon the original and duplicate certificates the Registrar
notes down the date of transfer, the volume and page of
the registration book where the new certificate is entered
or registered, and a reference number to the next
preceding certificates.
The grantors duplicate certificate, which was surrendered,
is stamped with the word cancelled, and the deed of
conveyance of conveyance filed with the proper
indorsement showing the number and place of registration
of the certificate of title of the land conveyed.
Description of land
The land object of the conveyance must be properly
described, with lot number, block number, location,
boundaries, and area.
Where two persons engaged (seller and purchaser) a given
piece of property with visible boundaries which are agreed
upon by the contracting parties as the land to be bought
and sold and the vendor by a mistake in the description in
the conveyance included therein land previously sold to a
third person not included within the visible boundaries
referred to, an action will lie in favor of the vendor to
correct the instrument so as to describe correctly the land
actually sold. (The purchaser, although the title to the land
described in his conveyance had been duly registered
under the Torrens system, did not obtain an indefeasible
title to the land mistakenly included in said certificate of
title.)
Boundaries prevail over area (rule and exceptions)
What really defines a piece of ground is not the area but
the boundaries therein laid down
But this does not apply where the boundaries
relied upon do not identify the land beyond doubt.
Neither does the rule apply where the boundaries
given in the registration plan do not coincide with
the outer boundaries of the land covered and
described in the muniments of title.
It is only when the boundaries given are sufficiently certain
and the identity of the land clearly proved by the
boundaries thus indicated, that an erroneous statement
concerning the area can be disregarded or ignored.
Otherwise the area stated should not be followed.
Conveyance of part of land covered by title (P.284)
The Register of Deeds does not enter any transfer
certificate to the grantee until a plan o such land showing
all the portions or lots into which it has been subdivided,
and the corresponding technical description of each
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
portion or lot has been verified and approved by the
Director of Lands.
However, upon written request of the party concerned, the
Registrar may make a memorandum of such deed of
conveyance on the grantors certificate of title and on its
owners duplicate, this memorandum to serve only as a
notice to third parties of the fact that such portion of lot
has been sold to the person(s) named in said deed.
Upon approval of the plan and technical descriptions, a
certificate and issue an owners duplicate to the grantor for
the part of the land not included in the deed.
Discrepancy between plan and plan of origin reported to
court.
In case there is any discrepancy between the subdivision
plan and the original plan (discrepancy may be prejudicial
to an adjoining owner or other person having interest in
the adjoining land) the matter should be reported to the
court (RTC) of the city or province where the land lies.
The court after due notice and hearing, determines the
case and all questions arising in the connection with such
division plan.
Subsisting encumbrances to be carried over to new title
If at the time of any transfer there appear upon the
registration book encumbrances or claims adverse to the
title of the registered owner, they shall be stated in the in
the new certificate(s), except such as may have been
simultaneously released or discharged (Sec. 59, P.D. 1529)
The restrictive covenant binds the subsequent purchaser, a
privy. For, it is axiomatic that contracts are enforceable
against the parties and their privies.
Vested right in contract to sell
A vested right is one which is absolute, complete and
unconditional, to the exercise of which no obstacle exists,
and which is immaterial and perfect in itself and not
dependent upon a contingency.
To be vested in its accurate legal sense, a right must be
complete and consummated, and one of which the person
to whom it belongs cannot be divested without his consent.
Sale in behalf of minor
Without the courts authority/approval, the sale is
ineffective as to a minor child, even if the one who
executed the sale is the minors judicial guardian.
A sale of the wards realty by the guardian without
authority from the court is void.
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ALO, AWING, DELA CERNA
Sale with duress
In order that duress may be suffi cient to void a sale
contract, Article 1267 (now 1335) of the Civil Code requires
that the intimidation be reasonable and well grounded.
This presupposes that the threatened injury to the person
or property must be probable and serious, and that the
person from whom the intimidation comes has the
necessary means to inflict the threatened injury.
In other words, there must be specific acts or instances of
such nature and magnitude as to have, of themselves,
inflicted fear or terror upon the subject thereof, in order
that his execution of the questioned deed or act cannot be
considered voluntary.
Inadequacy or non-payment of price alone cannot invalidate
sale
Inadequacy of price may be a ground for setting aside an
execution sale, but is not sufficient ground for the
cancellation of a voluntary contract of sale otherwise free
from invalidating defects.
Neither nonpayment of price alone may invalidate or make
rescissible a sale unconditionally consummated, nor does it
constitute a lien or encumbrance on the property sold.
For that reason, mere failure on the part of the buyer to
pay the price within the period stipulated is not a ground
for the resolution of the sale, in the absence of a condition
that such default should operate to resolve the contract.
However, it is now provided in the new Civil Code (Article
2242) that unpaid price of real property sold constitutes an
encumbrance thereon.
Contract of promise to sell, rescissible without the court
intervention
In a contract of promise to sell, suppose it was stipulated
that in case of default on the part of the vendee promisee,
the vendor-promisor, without fi ling any action in court, has
the right to rescind the contract, take immediate
possession of the property subject matter thereof, and
even sell it to another party. Where the contract expressly
grants the parties the power to revoke or cancel the
contract, judicial action therefor is not necessary.
A contract to sell on installment basis cannot be rescinded
simply because the seller at the time of the execution of the
contract happens to be not the owner. It is sufficient that
he be the owner at the time the object is delivered.
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
Installment sale with forfeiture clause (P. 293)
In a sale by installment, ownership or title does not pass
until after the payment of the last installment. Thus, a
contract cannot affect the transfer of ownership and title of
the property unless a deed of absolute sale is executed
and the instrument registered accordingly.
Promise to buy and sell, effect
A promise to buy and sell real estate does not pass title,
but gives the parties the right to demand the fulfillment of
the contract, or damages for breach if the fulfillment is
impossible
Any agreement to sell is liable to be defeated by
disagreement between the parties as to its terms, or by
their failure or inability to carry it out.
However, an accepted unilateral promise to sell, not
supported by any consideration distinct from the price,
does not produce a binding and enforceable contract of
sale. The offer in this case as well as the acceptance both
lack a most essential element the manner of payment of
the purchase price. Hence, the offer to sell may be
withdrawn without the offer or committing any breach of
contract
Conveyance of land includes improvements thereon.
When land is object of a sale or conveyance, all buildings
and improvements existing thereon are deemed to be
included, unless otherwise reserved.
However, where only a lot is sold on installment, and the
purchaser after having constructed a house thereon has
defaulted in the payment of installments, may he ask as a
matter of right for an extension of time to pay the
installments overdue on the ground that he has made
substantial improvements thereon? Here it was held that
to grant his demand would imply a deviation from the rule
that buildings are mere accessories to the land which is the
principal. It is axiomatic that everything that is built on the
soil yields to the soil.
Physical delivery of real estate sold not necessary
The execution of a public document of sale is equivalent to
delivery.
Physical delivery or the turning over of actual possession by
the vendor to the vendee is not a legal requisite. However,
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ALO, AWING, DELA CERNA

when dealing with registered land, delivery is not complete
unless two requisites concur, namely:
(1) the execution of a public instrument of conveyance;
and
(2) the registration of the deed, which is the operative act
that conveys and binds the land.
Double sale of same land
Article 1544 of the New Civil Code provides as follows:
If the same thing should have been sold to different vendees,
the ownership shall be transferred to the person who may have
first taken possession thereof in good faith, if it should be
movable property.
Should it be immovable property, the ownership shall belong
to the person acquiring it who in good faith first recorded it in
the Registry of Property.
Should there be no inscription, the ownership shall pertain to
the person who in good faith was first in the possession; and, in
the absence thereof, to the person who presents the oldest
title, provided there is good faith.
Contract with pacto de retro not abolished
Instruments of sale with right to repurchase, executed by
virtue of Articles 1601 and 1618 of the Civil Code, may be
registered, according to Act No. 1108, under the same
conditions and in the same manner as mortgages.
Vendees title in pacto de retro
A sale with pacto de retro transfers the legal title to the
vendee, and the vendee is subrogated to all the rights and
actions of the vendor, and therefore the vendee is the
owner of the estate in fee simple subject to the vendors
right of redemption.
And he may mortgage the property or impose upon it any
other charge, but if the vendor redeems it he (the vendor)
is entitled to receive it free of any charge or mortgage
imposed by the vendee, although he shall be obliged to
respect any lease made by the latter in good faith and in
accordance with the customs of the place where it is
situated.
Rural land and Urban land, distinguished
Rural means pertaining to the country as distinguished
from a city or town, and the word is derived from the Latin
rus, ruris, the country.
The word urban is defined as of, or belonging to, a city or
town and is derived from the Latin urbanis which in that
language imports same meaning This Latin word is derived
in turn from urbs, urbis, a city.
And rural property is to be determined from the
character of the locality, the streets, lots, buildings,
improvements, and the market value of the property, as
also of the neighboring and surrounding properties.
Whether a particular property is to be considered rural or
city depends largely upon its surrounding and the character
of the property in the neighborhood.
If the buildings and improvements in the neighborhood are
few and scattered, if they partake of the character of the
country, rather than of the city or town, and are occupied
by persons engaged in rural pursuits, the locality should be
considered rural.
An urban property is further distinguished from rural in
that the former is situated in a city or a town resembling a
city, while rural estate is that located in the country, in an
agricultural district.
X. CONDOMINIUM
Condominium, concept
Condominium or condominia, in civil law, generally means co-
ownerships or limited ownerships. For the purposes, however,
of Republic Act No. 4726, otherwise known as the
Condominium Act, a condominium implies both co-ownership
and limited ownership, it being defined as ownership of an
interest in real property consisting of: (1) a separate part of unit
in a residential, industrial or commercial building; (2) an
undivided common interest, directly or indirectly, in the land on
which the building is erected; and (3) a similar interest in other
common areas of the building itself.
Membership or shareholding in condominium corporation
When a title to a condominium is held by a corporation
specially formed for the purpose, the holders of separate units
or interests in the project are automatically members or
shareholders of the corporation. However, a purchaser of a
condominium unit in the condominium project who has not
fully paid the purchase price thereof does not automatically
become a shareholder or member of the Condominium
Corporation. The share of stock appurtenant to the unit will be
transferred accordingly to the purchaser of the unit only upon
full payment of the purchase price at which time he will also
become the owner of the unit.

We are only as strong as we are united, as weak as we are divided.

-Dumbledore, Harry Potter and the goblet of fire-
 REGISTRATION OF LAND TITLES and DEEDS
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Ownership of condominium project
Where condominium project covers the building and
the land on which it is erected, acquisition of
ownership thereof is limited only to those qualified to
acquire or hold lands of the public domain.
Thus, under Section 5 of the Condominium Act, where
the common areas in land in the condominium project
are owned by the owners of separate condominium
units, no unit therein can be conveyed or transferred
except only to Filipino citizens or corporations at least
60% of the capital of which belongs to Filipino citizens.
However, a corporation, even if 100% of its capital be
owned by foreigners, may set up a condominium
corporation if the land on which the building is erected
is held only under lease.
Registration of enabling or master deed
It is a legal prerequisite in order that a condominium project
may come under the operation of the Condominium Act that
the enabling or master deed of the project be registered in the
office of the Register of Deeds concerned and annotated on the
corresponding certificate of title.
The enabling or master deed shall contain, among other things,
the following: (1) description of the land; (2) description of the
building or buildings, stating the number of stories and
basements, the number of units and their accessories, if any;
(3) description of the common areas and facilities; (4)
statement of the exact nature of the interest acquired or to be
acquired by the purchaser in the separate units and in the
common areas of the condominium project, and where title to
or the appurtenant interests in the common areas are or is to
be held by a condominium corporation, a statement to that
effect shall be included; (5) statement of the purposes for
which the building or buildings and each of the units are
intended or restricted as to use; (6) a certificate of the
registered owner of the property, if he is other than those
executing the master deed, as well as of all registered holders
of any liens or encumbrances on the property indicating their
consent to the registration of the deed; (7) the following plans
appended to the master deed as integral parts thereof; and (8)
any reasonable restrictions not contrary to law, morals or
public policy regarding the rights of any condominium owner to
alienate or dispose of his condominium.
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
Registration of restrictions Before any condominium unit may
be sold or conveyed, it is a prerequisite that a declaration of
restrictions relating to the project be registered, which
restrictions constitute a lien that shall be binding upon all
condominium owners, subject to be enforced by the owner of
the project or its management body.
Registration of sale or conveyance of condominium
Upon registration of sale or conveyance of a condominium unit
with the common areas and facilities thereunto appertaining,
the conveyance is annotated on the corresponding certificate of
title and thereupon the transferee is issued a condominium
owners copy of the pertinent portion of such certificate of title,
without reproducing thereon the ownership status of the other
condominium units in the project.
Assessment as lien
Unless otherwise provided in the declaration of restrictions,
each condominium unit shall be assessed separately for its
share to meet reasonable and authorized expenditures in
proportion to its owners fractional interest in any common
areas. Such assessment shall be an obligation of the owner
thereof at the time of assessment is made.
Enforcement of such lien
Assessment lien that has been duly registered with the Register
of Deeds concerned may be enforced in the same manner
provided for by law for the judicial or extrajudicial foreclosure
of mortgages of real property. The condominium owner shall
have the same right of redemption as in cases of judicial or
extrajudicial foreclosure of mortagages.
Real estate taxes on condominium
Each condominium separately owned shall be separately
assessed, for purposes of real property taxation and other tax
purposes,
Registration of subsequent dealings
A subsequent sale, conveyance or transfer of a condominium
unit may be registered in a similar manner as the initial sale,
conveyance or transfer; that is, by way of annotation on the
corresponding certifi cate of title, followed by the issuance of a
condominium certifi cate of title, copy of which is delivered to
the transferee.
In case, however, where a condominium project covers land
registered under Act 3344 (now Section 113 of P.D No. 1529),
the registration of a conveyance of a condominium shall be
 REGISTRATION OF LAND TITLES and DEEDS
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ALO, AWING, DELA CERNA
deemed sufficient if the Register of Deeds retains the original or
signed copy of the deed.
Additional requirements
The project, together with the plans of the buildings prepared
in accordance with the National Building Code, is to be
submitted to the Housing Authority for approval.
All contracts to sell, deeds of sale and other similar instruments
relative to the sale or conveyance of condominium units,
whether or not the purchase price is paid in full, are also
required to be registered by the seller in the Office of the
Register of Deeds of the province or city where the property is
situated.
XI. REAL ESTATE MORTGAGE
Definition
Regarded as a mere lien, and not as creating a title or
estate
A charge on property for the purpose of security.
An accessory undertaking for the convenience and security
of the mortgage creditor, and it exist independently of the
obligation to pay debt secured by it.
Kinds of mortgages
(a) Conventional or voluntary mortgage
one created by agreement of the parties.
(b) Legal mortgage
created by operation of law, wherein the creditor is
given a mortgage on the property of his debtor,
without the necessity of the parties actually stipulating
for it.
It may also be defined as one required by express
provision of law to be executed in favor of certain
persons to secure the performance of a principal
obligation (e.g. claims of labourers engaged in the
construction of a building are to be considered as
mortgages upon said building by operation of Article
2243, in relation to Article 2242, of the new Civil Code)
(c) Judicial mortgage
resulting from a judgment. For instance, a plain deed
of sale may be declared to be a mortgage by a
competent court.
(d) Equitable mortgage
one that is not a mortgage in form but in substance a
mere security for a debt or obligation. This commonly
occurs in the case of pacto de retro sales.
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
Essential requisites of mortgage (Art. 2085)
1. That it be constituted to secure the fulfillment of a principal
obligation;
2. That the mortgagor be the absolute owner of the thing
mortgaged;
3. That the person constituting the mortgage has the free
disposal of the property, and in the absence thereof, that he
be legally authorized for the purpose.
(Article 2125) As a further requisite it is indispensable, in
order that a mortgage may be validly constituted, that the
document in which it appears be registered in the Office of the
Registry of Deeds concerned. Failure to register, according to
the same article, does not necessarily invalidate the mortgage,
but limits its binding effect to the parties thereto only.
It is also of the essence of the contract of mortgage that
when the principal obligation becomes due, the property
mortgaged cannot be appropriated by the creditor, but must be
sold at public auction in accordance with the procedure
prescribed by law for the satisfaction of the obligation.
Mortgage in bad faith
Unless duly registered, a mortgage does not affect third
parties
settled in this jurisdiction is the doctrine that a prior
registration of a lien creates a preference.
Who may constitute a mortgage
It is only the absolute owner of the property who can
constitute a valid mortgage on it (Art. 2085, NCC).
In case of foreclosure, a sale would result in the
transmission only of whatever rights the seller had over the
thing sold.
If the property is sold twice but the sales contract were
simulated, they are null and void.
Consent of both parties not necessary to registration of
mortgage
A mortgage may be registered at the instance of the
mortgagee alone, even over the objection of the mortgagor
Special Characteristics of real mortgage
(a) Realty as subject matter: Only real property or alienable
rights and interests therein may be the subject matter of a
mortgage. Thus, not only the land and improvements
thereon may be mortgaged, but also the credits or rights of
the mortgagee or other encumbrancers.
 REGISTRATION OF LAND TITLES and DEEDS
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ALO, AWING, DELA CERNA
(b) Real right: A mortgage lien is a real right and as such it is
good and binding against the whole world, and may be
enforced by real action against all persons who may have
existing rights or interests in the same property, not
registered prior to the mortgage. It was held that even if
personal action on the debt secured has prescribed, a suit
to enforce the mortgage may still lie so long all such debt
has not yet been paid.
(c) Accessory obligation: As an obligation, a mortgage is only
accessory and presupposes the existence of a principal
obligation. In the absence therefore of a principal
obligation, a mortgage cannot stand.
(d) Indivisibility: Even though the debt secured may be
divided among the debtors or the creditors or their
successors in interest, the mortgage shall remain as one
and indivisible, unless there have been several things given
in mortgage and each of them guarantees only a
determinate portion of the obligation
(e) Inseparability: The mortgage lien and the property affected
are inseparable, so much so that whoever may
subsequently acquire title to the mortgaged property is
bound by the terms of the mortgage, whether the transfer
be with or without the consent of the mortgagee. In other
words, the mortgage, until discharged, follows the property
to whomever it may be transferred no matter how many
times over it changes hands as long as the annotation is
carried over.
(f) Retention of possession. The mortgagor generally retains
possession of the mortgaged property inasmuch as a
mortgage is a mere lien and title to the property does not
pass to the mortgagee.
Pacto de retro sale when considered an equitable mortgage
where a contract of sale with pacto de retro is executed as
security for a debt owing by the grantor from the grantee,
such conveyance must be treated in equity substantially as
a mortgage, that is, creating a mere equitable charge in
favor of the creditor or person named as purchaser therein;
and the fact that the conveyance was executed for this
purpose may be shown by oral evidence apart from the
instrument of conveyance.
The equitable doctrine that any conveyance intended as
security for a debt will be held in effect to be a mortgage,
whether actually so expressed in the instrument or not,
operates regardless of the form of the agreement chosen
by the contracting parties as repository of their obligations.
Equity looks through the form and considers the substance;
and no kind of engagement can be devised which will
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
enable the purchaser to evade the effects of the doctrine
to which reference is made.
However, for the purpose of determining whether a
contract is truly a sale under pacto de retro or an equitable
mortgage, the Civil Code of the Philippines has provided a
number of tests embodied in the following article:
Art. 1602. The contract shall be presumed to be an
equitable mortgage, in any of the following cases:
(1) When the price of a sale with right to repurchase is
usually inadequate;
(2) When the vendor remains in possession as lessee or
otherwise;
(3) When upon or after the expiration of the right to
repurchase another instrument extending the period of
redemption or granting a new period is executed;
(4) When the purchaser retains for himself a part of the
purchase price;
(5) When the vendor binds himself to pay the taxes on the
thing sold;
(6) In any other case where it may be fairly inferred that
the real intention of the parties is that the transaction
shall secure the payment of a debt or the performance
of any other obligation.
Mortgage compared with antichresis (P.331)
(a) As to possession of the property given in security, the
debtor retains it in the case of a mortgage; whereas, the
creditor takes over in the case of antichresis. Thus, a
mortgage, coupled with delivery of possession of the land to
the creditor, becomes antichresis,
(b) With respect to the fruits, in a mortgage the creditor does
not gather or receive them whereas, in antichresis the
creditor generally receives them with the obligation to
apply the value thereof or proceeds therefrom to the
payment of interest due, and, if any still remaining, to the
principal obligation.
(c) In antichresis the creditor is obliged to pay for the taxes
and charges upon the estate; whereas, in mortgage it is the
debtor.
Execution and registration of mortgage
As provided by Sec. 60 of P.D. No. 1529, the owner of
registered land may mortgage the same by executing a
mortgage deed, and such deed may be assigned, extended,
discharged, released in whole or in part, or otherwise dealt
with by the mortgagee by any form of deed or instrument
suffi cient in law for the purpose. But such mortgage deed,
and all instruments assigning, extending, discharging, and
otherwise dealing with the mortgage, shall be registered,
 REGISTRATION OF LAND TITLES and DEEDS
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ALO, AWING, DELA CERNA
and shall take effect upon the title only from the time of
registration.
As to when such deeds are executed in a form sufficient in
law (read Sec 112, P.D. No. 1529)
What a married woman may mortgage without marital
consent
A married woman, of legal age, may mortgage her
paraphernal property without the permission of her
husband.
So, also, under the system of complete separation of
property of the spouses, the wife may dispose of or
mortgage her separate estate, without the consent of her
husband, including what she may accumulate from her
profession, business, or industry.
With respect to conjugal property, she may mortgage such
property only in case the administration thereof has been
transferred to her by the court
(a) when she becomes the guardian of her husband,
(b) when she asks for the declaration of his absence, and
(c) in case of civil interdiction of the husband.
Marital consent necessary under system of absolute
community of property (p334)
Registration of mortgage; how effected
The mortgage deed is filed together with the owners
duplicate certificate of title with the Register of Deeds of
the city or province where the land lies. Thereupon, this
official enters upon the original certificate of title and the
owners duplicate certificate a memorandum of the
purport of the mortgage deed, the time of filing, and the
file number of the deed, signing the memorandum after
the entry. He also notes down upon the mortgage deed the
time of filing and a reference to the volume and page of the
registration book where it is registered.
Issuance of mortgagees title
(Section 60 of Presidential Decree No. 1529) no
mortgagees or lessees duplicate certificate of title shall be
issued by the Register of Deeds, and those issued prior to
the effectivity of said Decree are deemed cancelled and the
holders thereof required immediately to surrender same to
the Registrar of Deeds concerned.
Mortgage by non-owner unenforceable; exception.
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
Where a mortgagor has no title at all to the property
mortgaged, the mortgage is void.
a mortgage of real property executed by one who was not
yet the owner thereof at the time of the execution of said
mortgage is without legal existence.
However, as an exception to the rule, we have a case
where the choice is between two innocent personsan
innocent co-owner who did not participate in the execution
of the mortgage but was negligent, and the innocent
mortgagee who relied upon a Torrens Title and loaned
money in all good faith on the basis of the title standing in
the name of the mortgagors, only thereafter to discover
one of the co-owners to be an alleged forger of the other
who by his negligence and acquiescence made the fraud
possible as between these two innocent persons, it was
held that the negligent co-owner must bear the loss.
Consideration of mortgage
Where the mortgagor is the debtor or obligor himself, the
consideration of the mortgage is the debt or the obligation
assumed and secured by this accessory contract. However,
where the mortgagor is a third person, who is not the
debtor or obligor himself, there may arise a question as to
the validity of the mortgage in view of the apparent lack of
consideration. On this point, the following principle has
been laid down:
The consideration of a mortgage, which is an accessory
contract, is that of the principal contract, from which it
receives its life, and without which it cannot exist as an
independent contract, even if the obligation thereby
secured is of a third person, and therefore it will be valid, if
the principal one is valid, and cannot be voided on the
ground of lack of consideration.
Extent of subject matter
it extends further to the natural accessions, to the
improvements, growing fruits, and the rents or income not
yet received when the obligation becomes due, and to the
amount of the indemnity granted or owing to the
proprietor from the insurers of the property mortgaged, or
in virtue of expropriation for public use, whether the estate
remains in the possession of the mortgagor, or it passes
into the hands of a third person.
Future property as subject matter
A stipulation to include in the mortgage other property to
be subsequently acquired by the mortgagor is without
legal effect, even if the instrument of mortgage was
 REGISTRATION OF LAND TITLES and DEEDS
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ALO, AWING, DELA CERNA
registered, because it is an essential requisite of such a
contract that the mortgagor be at the time the absolute
owner of the thing mortgaged.
Machineries and fixtures included in real mortgage; when
excluded
It is a well-settled rule that all objects permanently
attached to a mortgaged building or land are deemed
included. That includes not only fixtures but also machinery
and other objects placed upon and used in connection with
the mortgaged estate. If it is intended to exclude any of
them, it is indispensable that it be so stipulated between
the contracting parties.
Continuing credit secured by mortgage (read p. 342)
Mortgage constituted by private document not legal
In order to constitute a legal mortgage, it must be executed
in a public document, besides being recorded.
A provision in a private document, although denominating
the agreement as one of mortgage, cannot be so
considered as it is not susceptible of inscription in the
property registry.
A mortgage in legal form is not constituted by a private
document, even if such mortgage be accompanied with
delivery of possession of the mortgaged property.
But in Article 2125 it states that if the instrument is not
recorded, the mortgage is nevertheless binding between
the parties.
May mortgage be registered without the owners duplicate
title (read sec. 71, 72, P.D. 1529)
Assignment of mortgage; registration (Sec 60, P.D. 1529)
it is required that an assignment of mortgage be registered,
the same to take effect upon the title only from the time of
registration. This does not mean, however, that as between
the parties the assignment is without legal effect, unless
registered.
Thus, it was held that the alienation or assignment of a
credit secured by mortgage is valid and efficient and legally
transfers the dominion or ownership of the same, even if
the transfer of said credit was not recorded in the registry.
Sale of mortgage property does not necessarily constitute
novation of mortgage
The fact that the mortgagor has transferred the mortgaged
property to a third person does not relieve him of his
obligation to pay the debt to the creditor, although the
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
person to whom he has transferred the property has
assumed the obligation to pay said debt, and the creditor
accepted payments from said transaction on account of the
debt; for, said transfer having been made without the
consent of the creditor, the contract was not thereby
novated.
Novation of mortgage may only be accomplished with the
express, not implied, consent of the mortgagee.
if there were a novation, the effect would be that the
original debtor would have been relieved of the obligation
and only the transferee of the mortgaged property would
be bound.
Mortgagee in bad faith (read p. 347)
Pactum commissorium, nature and effect
Pactum commissorium is a stipulation empowering the
creditor to appropriate the thing given as guaranty for the
fulfillment of the obligation in the event the obligor fails to
live up to his undertakings, without further formality, such
as foreclosure proceedings, and a public sale.
How mortgage may be discharged
A mortgage may be discharged by the creditor executing a
public instrument cancelling or releasing the mortgage
(Sec. 127, P.D. 1529), and the instrument being presented
with the office of the Register of Deeds of the city or
province where the land lies, together with the owners
duplicate title, for registration. Thereupon, a memorandum
of cancellation is annotated.
Stipulation of tipo or upset price in mortgage contract
A stipulation in a mortgage of real property fixing a tipo
or upset price to become operative in the event of a
foreclosure was held to be ineffective, for according to
statutes the property must be sold to the highest bidder at
the auction sale
Hence, the purchaser at public auction who won the bid at
a price lower than that fixed in advance by agreement of
the parties to the contract must have to be upheld.
Recourse left to mortgagee upon death of mortgagor (Rule 86,
Sec 7, ROC)
(1) He may abandon the security and prosecute his claim by
filing it with the office of the Clerk of Court, and share in
the general distribution of the assets of the estate; or
(2) he may foreclose the mortgage, by ordinary action in court,
making the executor or administrator a party defendant,
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(3) and if there should be deficiency after the sale of the
mortgaged property, he may prove the same in the estate
proceeding, or
(4) he may continue to rely upon his mortgage and foreclose
it, if necessary, in due time, in which case he will not be
admitted anymore as creditor of the estate with right to
share in the distribution of the assets.
The following serve as alternative options, thus, if the
mortgagee elects one of the alternatives enumerated
above, he must abandon the others.
Mortgagee as an indispensable party
A mortgagee of a real property is an indispensable party in
an action for declaration of nullity of title.
Foreclosure suit; necessary parties thereto
All persons having or claiming an interest in the mortgaged
property subordinate in right to that of the holder of the
mortgage should be made defendants in the action for the
foreclosure of the mortgage (Rule 68, Sec 1, ROC)
Requisites in foreclosure sale
Under Act No. 3135, Sec. 3, if the value of the property
subject of the foreclosure is more than (P400.00, the notice
of sale must be posted and published. The failure to post a
notice is not per se a ground for invalidating the sale
provided that the notice thereof is duly published in a
newspaper of general circulation.
o Section 3. Notice shall be given by posting notices
of the sale for not less than twenty days in at least
three public places of the municipality or city
where the property is situated, and if such
property is worth more than four hundred pesos,
such notice shall also be published once a week for
at least three consecutive weeks in a newspaper of
general circulation in the municipality or city.
Action to foreclose subject to prescription
Title to registered land does not stand on the same footing
as right to a registered mortgage, in the sense that while
title to registered land under the Torrens system does not
prescribe even for a hundred years, the right of action to
foreclose a mortgage affecting registered land prescribes
after ten years (Article 1142, New Civil Code)
However, recourse may be had to foreclose a mortgage,
notwithstanding the fact that the personal action to
recover the indebtedness secured by said mortgage may
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
have prescribed at the time when the foreclosure is
instituted, so long as the debt has not in fact been paid
and the latter action has not itself prescribed.
Venue in an action for foreclosure
An action for foreclosure of mortgage on real property may
be commenced and tried in the city or province where the
property or any part thereof lies.
However, by agreement of the parties, the venue of an
action may be changed or transferred from one province to
another. Besides, when improper venue is not objected to
prior to the trial, it is deemed waived.
Attachment as additional remedy to foreclosure
A mortgagee has the right to rely on the mortgaged
property, undiminished and unimpaired by any superior
lien or legal impediment brought about by the act or
omission of the mortgagor.
In a mortgage foreclosure proceeding the court has
jurisdiction to grant an attachment against the property
of the debtor, to be levied upon property not covered by
the mortgage, upon proper showing by affidavit that the
value of the mortgaged property is insufficient to cover the
debt and that the debtor has disposed or is about to
dispose of his other property with intent to defraud his
creditors
Judgment on foreclosure
The court shall ascertain the amount due to the plaintiff
upon the mortgage debt or obligation, including interests
and costs, and shall render judgment for the sum so found
due and order that the same be paid into court within a
period of not less than ninety days from the date of the
service of such order, and that, in default of such payment,
the property be sold to realize the mortgage debt and
costs.
XII CHATTEL MORTGAGE
Chattel mortgage, nature and meaning
Art. 2140. By a chattel mortgage, personal property is recorded
in the Chattel Mortgage Register as a security for the
performance of an obligation. If the movable, instead of being
recorded, is delivered to the creditor or a third person, the
contract is a pledge and not a chattel mortgage.
a contract which purports to be, as in form is, a sale of
personal property, intended as security for the
payment of a debt, or the performance of some other
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obligation specifi ed therein, upon the condition
subsequent that such sale shall be void upon payment
of the debt or performance of the specifi ed obligation
according to the term of the contract.
In other words, and following our local tendency, we
may defi ne the true nature of a chattel mortgage as a
sale only in form, while in substance essentially a
contract of security. Thus, the mortgagee does not
become the owner of the property mortgaged, the
ownership remaining with the mortgagor, and
consequently, under the maxim: res perit domino suo,
the mortgagor-owner shall bear the loss of the thing
mortgaged.
SUBJECT MATTER: movables or personal property
The accessory contract of chattel mortgage has no
legal effect whatsoever where the mortgagor is not the
absolute owner of the property mortgaged, ownership
of the mortgagor being an essential requirement of a
valid mortgage contract. The manifestations of
ownership are control and enjoyment over the thing
owned.
Chattel mortgage as a conditional sale leaves mortgagor right
of redemption
It has been held that since a chattel mortgage is a conditional
sale (Section 3, Act No. 1508) and assuming that the ownership
of the chattels mortgaged passes to the mortgagee, the only
thing that can be attached under an execution against the
mortgagor is his right to redeem the mortgaged chattels.
Direct attack on a title
A Torrens title can only be attacked directly.
It is well-settled that a certifi cate of title cannot be
subject to collateral attack and can be altered, modifi
ed or cancelled only in a direct proceeding in
accordance with law. Having obtained a valid title over
the subject lot, petitioner is entitled to protection
against indirect attacks against his title.
The Torrens system was adopted in this country
because it was believed to be the most effective
measure to guarantee the integrity of land titles and to
protect their indefeasibility once the claim of
ownership is established and recognized.
House as object of chattel mortgage
If the owner of the building is distinct and different from the
owner of the land, it may be considered a personal property
upon stipulation of the parties, for the purpose of constituting a
chattel mortgage.
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
Machinery and fixture as subject matter
Machinery and fixture are personal property by their
very nature, and there can be no question that as a
rule they may be object of chattel mortgage.
However, if they are attached to real property or
placed in a factory building or plant, with the character
of permanence according to their purpose and in such
manner that they cannot be detached therefrom
without causing destruction of, or material injury to,
the things real with which they are connected, they
would be regarded as part of the real estate, and
therefore cannot be object of a valid chattel mortgage.
An interest in a business mortgageable if properly described
An interest in a business may be subject to chattel mortgage,
for it is a personal property, being capable of appropriation, and
not included among the real properties enumerated in Article
334 (now 415) of the Civil Code. But the description of such
chattel must be sufficient enough so as to enable the parties to
the mortgage or any other person to identify the same after a
reasonable investigation or inquiry.
On the other hand, Section 7 of Act No. 1508 does not demand
a minute and specific description of every chattel mortgaged in
the deed of mortgage but only requires that the description
thereof be such as to enable the parties in the mortgage, or
any other person, after reasonable inquiry and investigation, to
identify the same. Gauged by this standard, general
descriptions have been held valid.
Shares of stock as security of an obligation
Although shares of stock of a corporation represent equities
that may consist of real as well as personal property therein,
they are considered under applicable law and jurisprudence as
intangible personal property, and therefore may properly be
subject of chattel mortgage.
Growing crops as personal property
Growing crops, like ungathered sugar cane in the field, are
personal property and as such may be subject matter of chattel
mortgage.
Vessels as subject matter
Vessels are considered personal property under the civil law.
Section 3 of Presidential Decree No. 1521, no mortgage, which
covers a vessel of domestic ownership or any portion thereof,
shall be valid against any third person other than the
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mortgagor, his heirs and assigns, and such other person having
actual knowledge thereof, until such mortgage is recorded in
the office of the Philippine Coast Guard of the port of
documentation of such vessel.
Motor vehicle when object of chattel mortgage
it was held that a mortgage of any motor vehicle in
order to affect third persons should not only be
registered in the Chattel Mortgage Registry, but the
same should also be recorded in the Motor Vehicles
Offi ce, and that the failure of the mortgagee to report
the mortgage executed in his favor has the effect of
making said mortgage ineffective against a purchaser
in good faith who registered his purchase in the Motor
Vehicle Office.
a chattel mortgage of a car in order to affect third
persons should not only be registered in the Chattel
Mortgage Registry but should also be recorded in the
Land Transportation Commission (now Land
Transportation Offi ce), as required by the Revised
Motor Vehicles Law.
Mortgage of after-acquired property valid
A mortgage may, by express stipulations, be drawn to cover
goods put in stock in place of others sold out from time to time.
Where a mortgage covering the stock in trade, furniture, and
fixtures in the mortgagors store provides that all goods, stock
in trade, furniture and fi xtures hereafter purchased by the
mortgagor shall be included in and covered by the mortgage,
the mortgage covers all after-acquired property of the classes
mentioned, and, upon foreclosure, such property may be then
and sold by the mortgagee the same as the property in the
possession of the mortgagor at the time the mortgage was
executed.
Large cattle as object of chattel mortgage
Large cattle includes the horse, mule, ass, carabao, or other
domesticated member of the bovine family.
Where to register chattel mortgage
Where to register chattel mortgage. As required by
Section 114 of Presidential Decree No. 1529, a chattel
mortgage shall be recorded in the office of the Register
of Deeds of the province or city where the mortgagor
resides as well as where the property is situated or
ordinarily kept.
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
However, this requirement of double registration does
not seem mandatory, inasmuch as under an express
proviso in subsequent Section 116, Subsection 2(e), of
the same Presidential Decree, the registration of the
chattel mortgage in the province where the property is
situated is deemed sufficient registration
Registration of Chattel Mortgage
1.Execution of document
2.Payment of fees
3.Register of Deeds enters in DAY BOOK in strict order of their
presentation chattel mortgages & other instruments relating
thereto (primary process)
4.Register of Deeds thereafter enters in a more detailed form
the essential contents of the instrument in the Chattel
Mortgage Register (complementary process)
Sufficiency of registration
It is to be noted that when a party in interest has presented his
instrument and paid in full the registration fees required by law,
and such instrument has been duly entered in the Day Book of
the Chattel Mortgage Register, nothing more is to be done by
such private party. What remains to be done is incumbent upon
the government, thru the Registrar to perform. Such being the
case, it is believed that, insofar as the registrant is concerned,
registration should be deemed sufficient, even if the
complementary process thereof has not yet been actually
accomplished; the party in interest should thereupon be
entitled to the full protection of the law.
Effect of registration
While registration adds nothing to the instrument,
considered as the source of title of the mortgagee, it
operates as a constructive notice of the existence of
the chattel mortgage. The transaction thereby
becomes binding against third persons.
Creates a lien attaches to the property whoever
holds it; binding on subsequent purchasers
The chattel mortgage lien attaches to the property
wherever it may be; hence, the buyer acquires the
property subject to such liens and encumbrances as
existed at the time of the execution sale.
Sale of chattel without consent of mortgagee Under the
provisions of Article 319, paragraph 2, of the Revised Penal
Code, any mortgagor who shall sell or pledge personal property
already pledged or mortgaged under the Chattel Mortgage Law,
without the consent of the mortgagee written on the back of
the mortgage and noted on the record thereof in the office of
the Register of Deeds of the province or city where such
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property is located, incurs criminal responsibility. Thus, it is void
and a criminal act.
Government lien superior to mortgage lien
Taxes due the government are preferred and superior to the
mortgage lien.
Effect of failure to register
Where there exists a chattel mortgage contract in due form, but
for some reason or another it was not, as it should be,
registered in the office of the Register of Deeds concerned, the
effect would be that it still remains a valid chattel mortgage as
against the mortgagor, his executors or administrators, but void
as against third persons, such as intervening purchasers or
creditors claiming liens by attachment, judgment or execution.
In case of failure to register, the chattel mortgage remains valid
but only as against the mortgagor; but that, if the thing given in
mortgage has been delivered to the creditor, the chattel
mortgage extends its binding effect to third persons in spite of
lack of registration. However, where the description of the
property and date of delivery appear in a public instrument, and
there was no chattel mortgage contract executed, only then
may we properly treat it as a pledge, and not a chattel
mortgage good and valid against third persons.
if the movable, instead of being recorded, is delivered to the
creditor or to a third person, the contract is a pledge and not a
chattel mortgage. Actual knowledge is same effect as
registration
Affidavit of good faith; effect of omission
The Chattel Mortgage Law in its Section 5 describes an affidavit
of good faith. This affidavit is required to be appended to such
mortgage and recorded therewith. The absence of such
affidavit vitiates a mortgage as against creditors and
subsequent encumbrancers. As a consequence a chattel
mortgage of a vessel wherein the affidavit of good faith
required by the Chattel Mortgage Law is lacking is
unenforceable against third persons.
Mortgaged is made to secure obligation specified
Valid & just obligation
Not entered into for purpose of fraud
Effect of increase of security; chattel mortgage to secure
future debts, void
The increase of a mortgage security becomes a new mortgage
in itself where the original mortgage does not contain any
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
stipulation in regard to the increase of the mortgage credit,
and, even if it does, said increase would take effect only from
the date of the increase. Hence, it is obvious that a chattel
mortgage cannot be made to secure a future debt.
Registration of assignment of mortgage
With respect to the registration of an assignment of chattel
mortgage, it was held that the Chattel Mortgage Law was only
permissive and not mandatory, and that an inscription of an
assignment of chattel mortgage in the office of the Register of
Deeds did not operate as constructive notice to third persons.
Cancellation of Chattel Mortgage
Mortgagee to execute a discharge of the mortgage in manner
provided by law
Redemption right of junior mortgagee and attaching creditor
It was held therefore that as between the first and second
mortgages, the second mortgagee has at most only the right to
redeem, and even when the second mortgagee goes through
the formality of a foreclosure, the purchaser acquires no more
than the right of redemption from the first mortgagee.
Foreclosure of chattel mortgage; condition precedent
The must first be non-payment & at least 30 days have
elapsed since then
Alternatives:
1.Judicial
2.Extra-judicial only if there is stipulation/authority
Procedure of Foreclosure
1.Notice posted for 10 days in at least 2 public places in
municipality where property is to be sold designating the time,
place and purpose of sale
2.Mortgagor is notified in writing at least 10 days before sale
3.Public auction
4.30 days after sale, officer makes a return & file with Register
of Deeds where mortgage has been recorded
5.Officers return operates as a discharge of the lien created by
the mortgage
6.Proceeds to be applied:
a. Cost of sale
b. Amount of obligation
c. Subsequent mortgages
d. Balance mortgagor
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May deficiency in proceeds from foreclosure sale be recovered
It has been held that in case of deficiency in the foreclosure of a
chattel mortgage arising not from a sale on installment basis an
independent action may be instituted for the recovery of said
deficiency
XIII LEASES
Under the Civil Code, a contract of lease may be of things,
or of work and service (Article 1642).
The nature of a contract of lease is concisely defined by
Article 1643: In the lease of things, one of the parties
binds himself to give to another the enjoyment or use of a
thing for a price certain, and for a period which may be
definite or indefinite. However, no lease for more than
ninety-nine years shall be valid.
Assignment of lease and sublease distinguished
In an assignment of lease, the lessee makes an absolute
transfer of his interest as such lessee, thus disassociating
himself from the original contract of lease, so that his
personality disappears and there remains only in the
juridical relation two persons, the lessor and the assignee
who is converted into a lessee; whereas, if he retains a
reversionary interest, however small, the transfer is
deemed a mere sublease.
A mere sublessee, however, cannot invoke any right
superior to that of the sublessor or the direct lessee, and
the transfer of physical possession of the leased premises
to a sublessee or a privy of the latter does not affect the
lessors right to evict him judicially.
Thus, it is now settled that a judgment of eviction against a
tenant affects a sublessee even if the latter is not made a
party to the ejectment case, so much so that a writ of
execution issued in a forcible entry and detainer case is
enforceable not only against the defendant but also his
privies even though the latter had not been made a party-
defendant in the judgment case.
Registration of leases
Leases of registered land shall be registered in the manner
provided in Section 54 of P.D. 1529:
by filing with the Register of Deeds the instrument
creating the lease and by a brief memorandum
made by this official upon the certificate of title
signed by him.
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
A contract of lease or sublease of real estate should be in
writing so that it may be registered and thereby be binding
upon third persons.
Lease affecting property previously mortgaged in spite of
stipulation against subsequent encumbrance
the court held that in spite of the prohibition contained in
the contract of mortgage, the subsequent lease of the
property may still be registered, without prejudice to the
right to foreclose the mortgage in view of the alleged
violation.
The mere registration of the lease will not operate to
destroy the mortgage rights.
the purpose of registering an instrument is to give notice
thereof to all persons
Unregistered lease not void
Under Sec. 51, P.D. 1529, unregistered lease is not void.
On the other hand, it says that the lease shall operate as a
contract between the parties and as evidence of authority
to the Register of Deeds to make registration.
It is true that it is the act of registration that conveys and
affects the land; but this does not mean that before
registration the lease is inoperative or not binding between
the parties themselves.
Registration of lease, upon whom incumbent
While the lease is registrable, the law does not make it the
duty of the lessor to register it. It is for the lessee to ask for
such registration, if he wants to protect his leasehold, and
the document of lease operates as evidence of authority to
the Registrar to effect the registration.
Knowledge of existing lease binding on purchaser
Where the purchaser has knowledge at the time of the
purchase that the land has been leased to a third person
and is informed of the terms of such lease, he is bound to
respect it, although it is not entered upon the certificate of
title, the lease is such a case to be deemed a part of the
contract of sale (under Article 1676, NCC), consistent with
the principle that actual knowledge is equivalent to
registration.
However, said rule applies only to leases for fixed terms
and not to those from month to month.
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Lease of lands to aliens
Since they are barred from acquiring lands through a sale,
they are only allowed to lease
Right of builder in good faith to register
A possessor in good faith who builds or makes useful
improvements on the estate possessed is entitled to
demand payment of the value thereof and to retain the
estate until the expenditures incurred therein are paid to
him, in accordance with Article 546 of the Civil Code.
Commitment to pay for improvements when enforceable by
execution
In a case where the owner of the land, in conformity with a
court decision, has made his choice to appropriate the
building and has duly informed the court of said choice,
and accordingly is ordered to comply with the same by
buying the building erected on his land and pay the value
thereof as fixed by the court, such commitment of the
owner of the land is thereby converted into a money
obligation which can be enforced by execution, regardless
of the unwillingness and inability of the party concerned to
pay the amount.
XIV TRUSTS AND POWERS OF ATTORNEY
Trust, defined
is a confidence reposed in one person, who is termed
trustee, for the benefit of another, who is called the
cestui que trust, the source of the trust being called
the trustor.
obligation of a person to whom legal title to property is
transferred to hold the property according to
confidence reposed in him
2 KINDS:
1.Expressed need to be in writing; cannot be proved by parole
evidence
2.Implied exist by operation of law; can be proved by parole
evidence
Characteristics of trust
1. It is a relationship;
2. It is a relationship fiduciary in character;
3. It is a relationship with respect to property, not one involving
merely personal duties;
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
4. It involves the existence of equitable duties imposed upon
the holder of the title to the property, to deal with it for the
benefit of another; and
5. It arises as a result of a manifestation of intention to create
the relationship.
Power of attorney, defined.
A power of attorney has been defined as an authority
enabling one person to dispose of the interest which is
vested in another.
A general power of disposition as may be granted to
another in a power of attorney does not imply
ownership.
Power of attorney distinguished from trust
In a power of attorney only two persons are necessary, namely,
the principal and the attorney-in-fact; whereas, in a trust there
are generally three persons involved, namely, the trustor, the
trustee, and the cestui que trust or beneficiary.
A power of attorney is never imperative but always
discretionary, while a trust is always imperative and leaves
nothing to the option of the trustee. The attorney-in fact in a
power of attorney acts for the use and benefit of the principal
who appointed him, while the trustee in a trust instrument acts
not necessarily for the benefit of the trustor who appointed him
but, upon his discretion, for the ultimate benefit of a third party
the cestui que trust.
Kinds of trust and how are they created
Express trusts are created by the intention of the
trustor or of the parties, while implied trusts come
into being by operation of law, either through
implication of an intention to create a trust as a matter
of law or through the imposition of the trust
irrespective of, and even contrary to, any such
intention. In turn, implied trusts are either resulting or
constructive trusts.
They arise from the nature or circumstances of the
consideration involved in a transaction whereby a
person thereby becomes invested with legal title but is
obligated in equity to hold the legal title for the benefit
of another.
Kinds of implied trusts
Implied trusts may either be: (1) resulting, or (2) constructive
trusts, both coming into being by operation of law.
Concept of resulting trust
A resulting trust is presumed to have been contemplated by the
parties, the intention as to which is to be found in the nature of
their transaction but not expressed in the deed itself. It is based
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on the equitable doctrine that valuable consideration, not legal
title determines the equitable title or interest. They arise from
the nature or circumstances of the consideration involved in a
transaction whereby a person thereby becomes invested with
legal title but is obligated in equity to hold the legal title for the
benefit of another.
Concept of constructive trust A constructive trust is created,
not by any word evincing a direct intention to create trust, but
by operation of law in order to satisfy the demand of justice
and to prevent unjust enrichment. It arises contrary to an
agreement or intention against one who, by fraud, duress or
abuse of confidence, obtains or holds the legal right to property
which he ought not, in equity and good conscience, to hold. It is
to be borne in mind that the enforcement of an implied or
constructive trust is, in effect, to provide an equitable remedy
Requisites of a purchase of money resulting trust
To give rise to a purchase money resulting trust, it is essential
that there be:
1. an actual payment of money, property or services, or an
equivalent, consisting of valuable consideration; and
2. such consideration must be furnished by the alleged
beneficiary of a resulting trust
Burden to prove the existence of trust and the nature of the
evidence
As a rule, the burden of proving the existence of a trust is on
the party asserting its existence, and such proof must be clear
and satisfactorily to show the existence of the trust and its
elements. While implied trusts may be proved by oral evidence,
the evidence must be trustworthy and received by the courts
with extreme caution, and should not be made to rest on loose,
equivocal or indefinite declarations. Trustworthy evidence is
required because oral evidence can easily be fabricated.
Examples of resulting trusts
The following are examples of resulting trusts. (1) Art 1488 (2)
Art 1449 (3) Art.1452 (4) Art 1453
Examples of constructive trusts
The following are examples of constructive trusts. (1) Art. 1450.
(2) Art 1454. (3) Art 1455 (4) Art. 1456
Existence of cestui que trust not indispensable
In regard to private trust, it is not always necessary that the
cestui que trust should be named, or even in esse at the time
the trust is created in his favor.
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
Trust created to go around the law, void
This, it has been held that a trust will not be created when, for
the purpose of evading the law prohibiting one from taking or
holding real property, he takes a conveyance thereof in the
name of a third person. By transgressing the law and allowing
one to be a dummy in the acquisition of land, he has eliminated
the very source of his claim in the land and, consequently, he
cannot lawfully assert any right or interest therein.
Registration of trust
1.Sworn statement claiming interest by reason of an implied
trust with description of land & reference to number of
certificate shall be registered in Register of Deeds
2.Provided not prohibited to do so by instrument creating the
trust
Trust with express power to sell, etc.
If the instrument creating or declaring a trust or other equitable
interest contains an express power to sell, mortgage, or deal
with the land in any manner, such power shall be stated in the
certificate of title by the words of description in case of other
powers. No instrument transferring, mortgaging, or in any way
dealing with registered land held in trust shall be registered,
unless the power thereto enabling is expressly conferred in the
instrument of trust.
Registration of constructive
Whoever claims an interest in registered land by reason of any
implied or constructive trust shall file for registration a sworn
statement thereof with the Register of Deeds. Such claim shall
not affect the title of a purchaser for value and in good faith
before its registration.
Right of trustee to apply for registration
Section 14 of P.D. No. 1529 expressly grants any trustee
authority to file an application for registration of any land held
in trust by him, provided he is not expressly prohibited to do so
by the instrument creating the trust.
Trustee cannot assert title adverse to his principal
The rule has it that the relations of an agent to his principal are
fiduciary, and it is an elementary and very old rule that in
regard to property forming the subject matter of the agency, he
is estopped from acquiring or asserting a title adverse to that of
the principal. His position is analogous to that of a trustee and
he cannot consistently with principles of good faith, be allowed
 REGISTRATION OF LAND TITLES and DEEDS
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ALO, AWING, DELA CERNA

If acknowledged in written form becomes express

to create in himself an interest in opposition to that of his
principal or cestui que trusts. The registrant is regarded in the
eyes of the law as a mere trustee. Hence, he is under obligation
to execute the deed of reconveyance in favor of the true owner
in keeping with the primary principle of law and equity that
one should not unjustly enrich himself at the expense of
another.
Possession by trustee, when deemed adverse
It is a well-settled rule that possession of a trustee is,
in law, possession of the cestui qui trust and,
therefore, it cannot be a good ground for title by
prescription. The only instance in which the possession
of a trustee may be deemed adverse to the cestui que
trust is when the former makes an open repudiation of
the trust by unequivocal acts made known to the
latter.
A concrete instance to prove adverse possession by a
trustee amounting to an ouster of the owner is where
the trustee has refused to share the products of the
land with said owner or his heirs.
A trustee may not acquire title over a property held in trust
trust prescribes upon repudiation
Effect if a property is acquired through mistake or fraud
If property is acquired through mistake or fraud, the person
obtaining it, is by force of law, considered a trustee of an
implied trust for the benefit of the person from whom the
property comes. (Art. 1456, NCC). Thus, the law thereby creates
the obligation of the trustee to reconvey the property and the
title thereto in favor of the true owner. The prescriptive period
for the reconveyance for fraudulently registered real property is
ten (10) years reckoned from the date of the issuance of the
certificate of title.
Registration of power of attorney
Any person may by power of attorney procure land to be
registered and convey or otherwise deal with registered land,
but the letters of attorney shall be acknowledged before a
notary public and shall be filed with the Register of Deeds of the
city or province where the land lies, and registered.
Like a trustee, an attorney in fact cannot assert title adverse to
his principal.

As a rule, no because the possession is not adverse. In order Notation of power of attorney on title
that he may acquire title by acquisitive prescription, the
The memorandum of a power of attorney made on the back of
following requisites must be present:
a certificate of title is not admissible as evidence of the
(a) He must repudiate the trust;
contents of said power of attorney, but only of the fact of its
(b) He must communicate such repudiation to the beneficiaries;
execution, of its presentation for notation, and of its notation
(c) The evidence thereon must be clear and conclusive;
for the purposes of constructive notice to the public in
(d) There must be adverse, open, public, and continuous
connection with the creation of preferential rights to the
possession within the period fi xed by law. In an implied trust,
registered land covered by the title.
the action to recover must be brought within 10 years from the
issuance of the title to the property. Thereafter, the action shall How power of attorney should be construed
prescribe.
Prescription of action for reconveyance of property held under Power of attorney, like any other instrument, is to be construed
constructive trust according to the natural import of its language; and the
authority which the principal has conferred upon his agent is
An action for reconveyance of real property based on not to be extended by implication beyond the natural and
an implied or constructive trust prescribes in ten years, ordinary significance of the terms in which that authority has
provided that no fraud has been employed by the been given.
trustee prior to or simultaneous with the procurement
of the property in his name, in which case the The attorney has only such authority as the principal has chosen
enforcement of the implied trust does not prescribe. to confer upon him, and one dealing with him must ascertain at
It cannot be overemphasized that now it is a settled his own risk whether his acts will bind the principal.
doctrine that an action for reconveyance based on
implied or constructive trust is prescriptible. It
prescribes in ten years. And where the transaction
constituting implied or constructive trust has been
registered, the period of prescription commences as of
the date of its registration.
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
 REGISTRATION OF LAND TITLES and DEEDS
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ALO, AWING, DELA CERNA
XV INVOLUNTARY DEALINGS WITH REGISTERED
Involuntary dealings
As the phrase indicates, involuntary dealings with
registered lands refer to certain kind of transactions
affecting such lands in which the cooperation of the
registered owner is not needed. It may even be against his
will.
Attachment, nature and kinds
In general, an attachment is a writ issued at the institution
or during the progress of an action, commanding the sheriff
or other public officer to attach the property, rights,
credits, or effects of the defendant to satisfy the demands
of the plaintiff.
Attachment may be classified into three kinds, namely:
(1) Preliminary attachment is that issued at the
institution or during the progress of an action. It is the
mesne process, liable to be dissolved at any time and
the judgment upon which may or may not affect the
property seized.
(2) Garnishment is an attachment by means of which
plaintiff seeks to subject to his claim property of the
defendant in the hands of a third person called the
garnishee, as well as money owed by such third person
to defendant. Garnishment proceedings are usually
directed to personal property
(3) levy on execution is the attachment issued after the
final judgment in satisfaction thereof.
Registration of attachments and other liens
Under the provisions of Section 69 of P.D. 1529, an
attachment or copy of any writ, order or process, in order
to create or preserve any lien, right or attachment upon
registered land, may be filed and registered in the office of
the Register of Deeds for the province or city in which the
land lies, such writing to contain, among other things, a
reference to the number of the certificate of title of the
land to be affected, and also if the attachment, right, or lien
is not claimed on all the land in any certificate of title, a
description sufficiently accurate for identification of the
land intended to be affected.
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
Owners duplicate title not immediately required for
annotation of attachment, etc.
In every case where an attachment or other lien or adverse
claim of any description is registered, and the duplicate
certificate is not presented at the time of the registration
to the Register of Deeds, he shall within thirty-six hours
thereafter send notice by mail to the registered owner,
stating that such papers have been registered, and
requesting him to send or produce the duplicate certificate
in order that memorandum of the attachment or other lien
or adverse claim may be made thereon
If the owner neglects or refuses to comply within a
reasonable time, the Register of Deeds shall report the
matter to the court, and the court, after notice, shall enter
an order to the owner to surrender his certificate at a time
and place to be named therein, and may enforce the order
by suitable process. It is for the court and not for the
Administrator of Land Registration Authority to compel
the surrender.
Entry of attachment in day book; sufficiency
While the effect of registration retroacts as of the date of
the entry in the day book of the Register of Deeds,
registration is not considered accomplished until and
unless a memorandum of such document has been made
on the corresponding certificate of title. To hold that the
mere entry of a document in the day book without noting it
on the certificate of title, is sufficient, Section 54 of P.D. No.
1529 nugatory and destroy one of the principal features of
Torrens system of registration, requiring that all
encumbrances on the land or special estates therein be
shown or at least intimated upon the certificate of title.
In involuntary registration, such as an attachment, levy
upon execution, lis pendens and the like, entry thereof in
the day book is a sufficient notice to all persons of such
adverse claim.
XVI REGISTRATION of LIS PENDENS, JUDGMENTS,
PARTITIONS, ETC.
Lis pendens, meaning
Lis pendens is the Latin term for pending suit or
litigation. It indicates the control which a court has,
during the pendency of an action, over the property
involved therein.
A property object of a lis pendens may still be sold,
except that the purchaser who takes it does so subject
to the fi nal outcome of the pending suit.
PURPOSE: keep subject matter within the power of the
court until the entry of final judgment.Therefore
creates merely a contingency & not a liens
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Registration of lis pendens.
In registering a notice of lis pendens, the requirements
of both Section 79 of Act No. 496 (now Sec. 76, P.D.
No. 1529) and Section 14 Rule 14, of the Rules of
Court, should be taken into account together, as the
latter not only supplements but also clarifies some
points in the former. For instance, it will be noted that
not only the plaintiff may file a notice of lis pendens,
but even the defendant when affirmative relief is
claimed in his answer. Furthermore, the annotation of
a notice of lis pendens on a certificate of title, by virtue
of guardianship proceedings to declare the person
whose name appears thereon as owner incompetent
to dispose of her properties, is proper,
notwithstanding the absence of such proceedings
among the listed cases wherein lis pendens may be
annotated.
For the protection of the claimant, the appropriate
step is to have the proper annotation of lis pendens
entered.
What constitutes constructive notice
When the notice of lis pendens filed in the Offi ce of the
Register of Deeds has been annotated on the back of the
original copy of the corresponding certifi cate of title, it is
deemed sufficient to constitute constructive notice to
purchasers or other persons subsequently dealing with the
same property.
Thus, it was held that a notice of lis pendens is an involuntary
transaction, entry of which in the day book of the Register of
Deeds being sufficient notice of the claim, without need of its
annotation on the back of the owners duplicate certificate of
title
Effect of lis pendens upon future transactions
Impossibility of alienating the property in dispute during the
pendency of the suit may be alienated but purchaser is
subject to final outcome of pending suit. Upon the termination
of the litigation there can be no risk of losing the property or
any part thereof as a result of any conveyance of the land or
any encumbrance that may be made thereon posterior to the
filing of the notice of lis pendens.
In case of subsequent sale or transfer, Register of Deeds duty
bound to carry over notice of lis pendens on all new titles to be
issued
Purchaser pendente lite not considered purchaser in good
faith
A purchaser of registered land who takes a certificate of title for
value and in good faith holds an indefeasible title to the land.
But a purchaser who buys registered land with full notice of the
fact that it is in litigation between the vendor and a third party
is not a purchaser in good faith within the meaning of Section
39 of the Land Registration Act, but stands in the shoes of his
vendor and his title is subject to the incidents and result of the
pending litigation; and his transfer certificate of title will, in that
respect, afford him no special protection.
Doctrine of lis pendens not applicable to certain cases
By express provision of law, the doctrine of lis pendens
does not apply to attachments, levies of execution, or
to proceedings for the probate of wills, or for
administration of the estate of deceased persons in the
Court of First Instance.
It is essential that the property be directly affected, as
where the relief sought in the action or suit includes
the recovery of possession, or the enforcement of a
lien, or an adjudication between confl icting claims of
title, possession, or right of possession to specifi c
property, or requiring its transfer or sale.
Object of doctrine
The object of the doctrine of lis pendens is chiefly to keep the
subject matter of the litigation within the power of the court
until the entry of final judgment, so as to prevent the defeat of
the latter by subsequent alienation.
Cancellation of lis pendens during pendency of action
Before final judgment court may order cancellation
after showing that notice I sonly for purpose of
molesting an adverse party or it is not necessary to
protect rights of party who caused it to be registered
Register of Deeds may also cancel by verified petition
of party who caused such registration
Deemed cancelled when certificate of clerk of court
stating manner of disposal of proceeding is registered
How lis pendens may be discharged
At any time after final judgment or decree in favor of
the defendant or any other party against whom the lis
pendens was registered, or other disposition of the
action such as to terminate finally all rights of the

We are only as strong as we are united, as weak as we are divided.

-Dumbledore, Harry Potter and the goblet of fire-
 REGISTRATION OF LAND TITLES and DEEDS
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plaintiff, or the person at whose instance it was

registered, in and to the land and buildings involved, in
any case in which a memorandum has been previously
registered, a certificate of the clerk of court in which
the action or proceeding was pending, stating the
manner: of disposal thereof, shall be suffi cient for
registration to cancel or discharge the lis pendens
The doctrine of lis pendens is founded upon reasons of
public policy and necessity, the purpose of which is to
keep the properties in litigation within the power of
the court until the litigation is over, and to prevent the
defeat of the judgment or decree by subsequent
alienation. This purpose would be rendered
meaningless if a party is allowed to file a bond,
regardless of the amount, in substitution of said notice.
However, it was held that an order directing the
cancellation of lis pendens should be set aside: (1) If it
was granted ex parte; (2) If the order dismissing the
complaint has not yet become final, for in that case it
may open the floodgates to the commission of fraud;
or (3) If there is no showing that the notice of lis
pendens is only for the purpose of molesting the
adverse party, or that it is not necessary to protect the
rights of the party who caused it to be registered.
Notice to the party who caused the lis pendens to be
recorded is essential so that he may be given a chance
to be heard and show to the court that such notice of
lis pendens is not for the purpose of molesting the
adverse party and that it is necessary to protect his
rights.
Lis pendens; Pencil markings are not an accepted form of
annotating a notice of lis pendens
Pencil markings, which even petitioner admits to be provisional,
are not an accepted form of annotating a notice of lis pendens.
The Court cannot accept the argument that such pencil
annotation can be considered as a valid annotation of notice of
lis pendens, and thus an effective notice to the whole world as
to the status of the title of the land. The law requires proper
annotations, not provisional annotation of a notice of lis
pendens.
Reason for adoption of the Torrens System
The Torrens System was adopted in this country because it was
believed to be the most effective measure to guarantee the
integrity of land titles and to protect their indefeasibility once
the claim of ownership is established and recognized.
Registration of final decree of partition
In all proceedings for partition of registered land, after the
entry of the final judgment or decree of partition and the filing
of the report of the committee or commissioners and final
judgment thereon, a copy of the final judgment or decree,
certified by the clerk of the court rendering the same, shall be
filed and registered; and, thereupon, in case the land is set off
to the owners in severally, any owner shall be entitled to have
his certificate entered to the share set off to him in severally,
and to receive an owners duplicate thereof.

When lis pendens may be continued
Although a notice of lis pendens has been registered
and accordingly annotated on a certificate of title
subsequent to a mortgage lien, where the validity of
the mortgage itself is raised in issue in the pending
litigation, the preservation of the superior right
established under such a pre-existing mortgage as
against subsequent transferees or other
encumbrancers will be dependent upon the final result
of said pending litigation.
The notice of lis pendens may be continued until the
pending case is dismissed or otherwise disposed of
against the party at whose instance the doctrine was
invoked.
Another instance that may justify the continuance of a
notice of lis pendens is where the party seeking its
cancellation relies upon an earlier transaction involving
the same property but which was not registered.
When partition of land or buildings is subject to mortgage or
lease
When a certified copy of a judgment or decree making final
partition of land or buildings is presented for registration, if a
mortgage or lease affecting a specific portion or an undivided
share of the premises had previously been registered, the
mortgagee or tenant claiming under the mortgagor or lessor,
shall cause the mortgage or lease and any duplicate certifi cate
of title issued to the mortgagee or lessee to be again presented
for registration, and the Register of Deeds shall endorse on
each the memorandum of such partition, with a description of
the land set off in severally on which such mortgage or lease
remains in force.
Assignee in bankruptcy proceedings entitled to new certificate
The assignee or trustee appointed by the court having
jurisdiction thereof in such proceedings shall be entitled to the
entry of a new certificate of registered land of the debtor upon
presenting and filing a certified copy of the order appointing

We are only as strong as we are united, as weak as we are divided.

-Dumbledore, Harry Potter and the goblet of fire-
 REGISTRATION OF LAND TITLES and DEEDS
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ALO, AWING, DELA CERNA
him such assignee or trustee, with the debtors duplicate
certificate of title; the new certificate shall state that it is
entered to him as assignee or trustee in insolvency or
bankruptcy or other proceedings, as the case may be.
Title of assignee or trustee returned in case proceedings are
vacated
Whenever proceedings of the character named in
Section 86, Act No. 496, against a registered owner, of
which notice has been registered, are vacated by
decree or judgment, a certified copy of the decree or
judgment may be fi led and registered.
Duty of the officer serving notice to file copy of notice
to Register of Deeds where the property of debtor lies
Assignee elected or appointed by court shall be
entitled to entry of new certificate of registered land
upon presentment of copy of assignment with
bankrupts certificate of title (duplicate)
New certificate shall not that it is entered to him as
assignee or trustee in insolvency proceedings
Registration of eminent domain.
Whenever any land of a registered owner, or any right
or interest therein, is taken eminent domain, Section
85 of P.D. No. 1529 requires the government or
municipality or corporation or other authority
exercising such right to file for registration in the
proper province a description of the registered land so
taken, giving the name of each owner thereof,
referring by number and place of registration in the
registration book to each certificate of title, and stating
what right or interest in the land is taken, and for what
purpose.
Additional requirements: Copy of judgment file in
Register of Deeds which states description of property,
certificate number, interest expropriated, nature of
public use. Memorandum shall be made or new
certificate of title shall be issued
TOPICS HERE WERE NOT DISCUSSED DURING CLASS
---Will use reviewer found online
XVII TRANSMISSION BY DESCENT AND DEVISE
WHEN OWNER OF PROPERTY DIES
testate or intestate,
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
Administrator shall file with Register of Deeds
registration of property in his name to be vested with
ownership as trustee so he can sell, etc, convey, etc
Not necessary if already empowered in the will
WHEN JUDICIAL PROCEEDING NOT NECESSARY
Heirs may partition estate immediately & no need to
be burdened with cost/expenses of an administrator
1. In absence of debts
2. Heirs are all of legal age
PARTITION/SETTLEMENT OF ESTATE
1. JUDICIAL
a. After entry of final judgment of partition, copy certified
by clerk of court to be filed with Register of Deeds
b. Each owner to gave separate certificate of title
(duplicate)
c. If ordered to be sold, purchaser shall be entitled to a
certificate of title entered in his name upon
presentment of order confirming sale
2. EXTRAJUDICIAL
a. Decedent died intestate
b. No debts
c. Heirs are all of legal age, or minors represented by
guardian
Heirs to execute public instrument to be filed with
Register of Deeds
If disagree with each other, file in court ordinary
action for partition
If there is only 1 heir, may adjudicate to himself
entire estate via affidavit to be filed with Register of
Deeds
If there is movables involved, bond to be filed
equivalent to value of property as certified under
oath by parties conditioned upon payment if any just
claim which may be filed by creditor within 2 years
after distribution
Publication in newspaper of general circulation for 3
weeks; not binding to those without notice
Final after 2 years
ORAL PARTITION, WHEN DEEMED VALID
In provinces when person dies leaving property not
covered by Torrens system to avoid legal expenses,
heirs make a list of property, pay off debts & assign to
each
Statute of frauds do not operate because it is not a
conveyance but a separation of property and
designation of part which belongs to them
 REGISTRATION OF LAND TITLES and DEEDS
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ALO, AWING, DELA CERNA
WILLS AND LETTERS OF ADMINISTRATION
Executor required to file with Register of Deeds a
certified copy of his letters of administration or the will
if there is a will in order that Register of Deeds may
register upon certificate a memorandum with
reference to file no & date of filing
COURT AUTHORITY NEEDED IN ORDER TO SELL
1. May be dispensed with if will empowers him sell
2. Without authority first secured, heir may sell subject to
result of pending administration
XVIII: ASSURANCE FUND
State creates a fund for the compensation of persons
injured by divesting/cutting off of rights due to the
indefensibility of title; following that act of registration is
operative act by which State transfers title; created to
relieve innocent persons from harshness of doctrine that
certificate of title is conclusive evidence of an indefeasible
title to land.
Upon entry of certificate in name of owner or TCT, of
1% shall be paid to Register of Deeds based on assessed
value of land as contribution to assurance fund; if no
assessment yet, sworn declaration of 2 disinterested
persons subject to determination by court.
Money shall be under custody of the National treasurer;
invest it until P+I aggregates to 500,000, excess shall be
paid to the Assurance Fund; annual report of Treasurer to
Secretary of Budget
WHO IS ENTITLED:
1. Claimant must be owner, purchaser or encumbrancer
in good faith who suffered actual damage by loss of
land; in short he is deprived of his land or interest
therein
2. No negligence attributable to him
3. Claimant is barred from filing action to recover said
land
4. Action to recover from assurance fund has not
prescribed
LOSS/DAMAGES SHOULD NOT BE DUE TO FOLLOWING
REASONS:
1. Breach of trust
2. Mistake in resurvey resulting in expansion of area in
certificate of title
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
LOSS/DAMAGES SHOULD BE DUE TO THE FOLLOWING
REASONS:
1. Omission, mistake, misfeasance of Register of Deeds or
clerk of court
2. Registration of 3rd persons as owner
3. Mistake, omission, misdescription in certificate of title,
duplicate or entry in books
4. Cancellation
AGAINST WHOM ACTION IS FILED:
1. Action due to deprivation of land due to mistake,
negligence, omission of Register of Deeds, etc
Register of Deeds and National Treasurer as
defendants; Sol-Gen must appear
2. Private persons involved should also be impleaded
LIABILITY:
1. Satisfy claims from private persons first
2. When unsatisfied secondary liable is the National
Treasurer who shall pay thru assurance fund;
thereafter Government shall be subrogated to rights of
plaintiff to go against other parties or securities
MEASURE OF DAMAGES:
Based on amount not greater than fair market value of
land
Amount to be recovered not limited to 500,000 which
is maintained as standing fund
If fund is not sufficient, National Treasurer is
authorized to make up for deficiency from other funds
available to Treasury even if not appropriated
WHERE AND WHEN TO FILE ACTION AGAINST ASSURANCE
FUND:
1. Any court of competent jurisdiction RTC in city where
property lies or resident of plaintiff
2. Action prescribes in 6 years from time plaintiff actually
suffered loss
3. If plaintiff is minor, insane or imprisoned has
additional 2 years after disability is removed to file
action notwithstanding expiration of regular period
XIX PETITIONS AND MOTIONS AFTER ORIGINAL
REGISTRATION
1. LOST DUPLICATE CERTIFICATE
Sworn statement that certificate is lost to be filed by
person in interest with Register of Deeds
Petition to court for issuance of new title
 REGISTRATION OF LAND TITLES and DEEDS
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After notice and hearing court to order issuance of
new title with memorandum that it is issued in place of
lost certificate (duplicate)
If false statement: complex crime of estafa thru
falsification of public document
2. ADVERSE CLAIM IN REGISTERED LAND
Whoever claims a better right or interest in a land
adverse to the registered owner shall make written
statement alleging his right, how and when acquired
with description of land
Statement to be signed and sworn to
Entitled to registration as adverse claim noted on
certificate of title
If there is petition speedy hearing, determine validity
of adverse claim
May be cancelled without court order; effective only
for 30 days
After cancellation, no adverse claim on same ground
may be registered by same claimant
1. Adverse to registered owner
2. Arises after original registration
3. Cannot be registered under provisions of land
registration act
To be made on original certificate, to the duplicate is
not necessary because no access
Contracts of lease, contract to sell but prescription and
money claims are not allowed
Purpose: measure designed to protect the interest of a
person over a property where registration is not
provided for by the land registration act; serve as
notice and warning to persons subsequently dealing on
said land
Different with lis pendens: permanent; can only be
removed after hearing is done but adverse claim is
only for 30 days: lis pendens notice that property is
in litigation; adverse claim; somebody is claiming
better right
Recent ruling: adverse claim can only be removed
upon court order
3. PETITION SEEKING SURRENDER OF DUPLICATE TITLE
Involuntary and involuntary conveyances when
duplicate cannot be produced, petition in court may be
filed to compel surrender of certificate of title
duplicate to Register of Deeds
After hearing, may order issuance of new certificate
and annul the old certificate; new
o certificate shall contain annotation re
annulment of old certificate
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
4. AMENDMENT AND ALTERATION OF CERTIFICATE OF TITLE
A certificate of title cannot be altered, amended
except in direct proceeding in court; summary
proceeding
Entries in registration books also not allowed to be
altered except by order of the court
Grounds:
1. New interest not appearing on the instrument have
been created
2. Interest have terminated or ceased
3. Omission or error was made in entering certificate
4. Name of person on certificate has been changed
5. Registered owner has married
6. Marriage has terminated
7. Corporation which owner registered land has dissolved
and has not conveyed the property within 3 years after
its dissolution
What corrections are permitted in title (which does not
include lands included in original; technical description
as long as original decree of registration will not be
reopened and rights or interest of persons not
impaired; old survey was incorrect; substitution of
name of registered owner)
1. Alteration which do not impair rights and
2. Alteration which impair rights with consent of all
parties
3. Alterations to correct obvious mistakes
5. RECONSTITUTION OF ORIGINAL CERTIFICATE OF TILE
As consequence of war records have been
destroyed
When reconstituted have same validity as old
title
Can only be done judicially by filing a petition for
reconstitution with RTC
To be published in OG for 2 cons issues and on
main entrance of municipality at least 30 days
before hearing
In rem proceedings
Court to order reconstitution if it deemed fit; issue
order to Register of Deeds
Lack of essential data fatal
6. TRANSACTION EVIDENCED BY LOST DOCUMENT
HOW REGISTERED
Register of Deeds forbidden to effect registration
of lost or destroyed documents
Steps by interested parties:
1. Procure authenticated copy of lost or
 REGISTRATION OF LAND TITLES and DEEDS
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destroyed instrument
2. Secure an order from court
XX FEES, OFFENSES, PENALTIES
In connection with original and subsequent
registration of lands payable to Clerk of court,
Register of Deeds, sheriff
Full payment of fees prerequisite to registration: at
least the entry fee of 5.00, rest of the fees due payable
within next 15 days
OFFENSES:
1. Larceny
2. Perjury false statement under oath
3. Fraudulent procurement of certificate: fine of not
more than 10,000 or imprisonment of 5 years or both
in discretion of court
4. Forgery: fine of not more than 10,000 or imprisonment
of 10 years or both in discretion of court
a. Forging of seal in Register of Deeds, name,
signature or handwriting of any officer of
court of Register of Deeds
b. Fraudulent stamping or assistance in stamping
c. Forging of handwriting, signature of persons
authorized to sign
d. Use of any document which an impression of
the seal of the Register of Deeds is forged
5. Fraudulent sale: sale of mortgaged property under the
misrepresentation that it is not encumbered; deceitful
disposition of property as free from encumbrance:
imprisonment of 3 years or fine not exceeding 2,00 or
both at discretion of court
XXI REGISTRATION OF PUBLIC LANDS
PUBLIC LANDS
all lands owned by the government
Inalienable and alienable
Inalienable public domain: timber and miner
lands
Alienable/ Disposable - public agricultural land
PUBLIC LAND MAY BE ALIENATED, CONVEYED TO PRIVATE
PERSON.
PROCEDURE:
1. Official issuing instrument of conveyance to issue
instrument
2. File instrument with Register of Deeds
3. Instrument to be entered in books and owners
duplicate to be issued
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
4. Instrument only contract between Government and
private person and does not take effect as conveyance
if unregistered, it is registration which is operative act
of conveying land; evidence of authority for Register of
Deeds to register
5. Fees to be paid by grantee
6. After issuance of certificate of title, land is deemed
registered land within the purview of the Torrens
system
NATURE OF TITLE TO PUBLIC LANDS CONVEYED: INDEFEASIBLE
AND CONCLUSIVE
In absence of registration, title to public land is not
perfected and therefore not indefeasible
In case of 2 titles obtained on same date one
procured thru decree of registration is superior than
patent issued by director of lands
2 titles procured by one person one from homestead
patent, one from judicial decree & sold to 2 diff
persons, one who bought it for value and in good faith
& one who register first shall have preference
CLASSIFICATION OF LAND OF PUBLIC DOMAIN:
o Classification is exclusive prerogative of executive &
not by judiciary
o Anyone who applies for confirmation of imperfect title
has burden of proof to overcome the presumption that
the land sought to be registered forms part of public
domain (Regalian doctrine)
UNDER THE CONSTITUTION:
1. Agricultural only one subject to alienation
2. Forest or timber
3. Mineral lands
4. National park
UNDER THE PUBLIC LAND ACT:
1. Alienable/disposablea.
a. Agricultural
b. Residential, commercial, industrialc.
c. Educational, charitable
d. Town sites and for public and quasi-public
uses
2. Timber lands inalienable
3. Mineral lands - inalienable
If patent or title is issued void ab initio for
lack of jurisdiction
Not subject to acquisitive prescription; even if
in possession for long time, will not ripen into
ownership
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Except: mineral lands and forest lands
acquired before inauguration of
Commonwealth in November 15, 1935;
vested rights which are protected
FISHPONDS
Before: included in definition of agriculture, conversion
of agricultural land to fishponds does not change
character of land
Now: restricted meaning; fishponds has distinct
category; cannot be alienated but may be leased from
government.
DIRECTOR OF LANDS
Quasi-judicial officer
Findings of fact conclusive on higher court with
absence of fraud, mistake other than error of
judgment; but not with regards to finding of law
Empowered to alienate and dispose lands
MODES OF ALIENATING PUBLIC LANDS:
1. Homestead settlement
2. Sale
3. Confirmation of imperfect or incomplete title
a. Judicial legalization
b. Administrative legalization
o Lease not included since lease does not transfer
ownership; free-title grant: free distribution of public
lands to encourage people to cultivate; government
furnishes the applicant with tolls plus cash allowance
to enable him to cultivate
CONFIRMATION OF IMPERFECT TITLE:
1. Last extension granted by Government was until
December 31, 1987
2. Right made available to person qualified to acquire
alienable and disposable public land thru open,
continuous, exclusive, notorious (OCEN) possession
under bonafide claim of ownership since June 12,
1945.
a. Prior to transfer of sovereignty from Spain to
US, have applied for purchase but did not
receive title, without default on their part
provided they have occupied since their
application
b. In OCEN possession since June 12, 1945 or
earlier
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
c. Members of cultural minorities in OCEN who
has claim of ownership for at least 30 years
MAX LAND THAT CAN BE APPLIED: 144 hectares
In case of foreigner, sufficient that he is already Filipino
citizen at the time of his application
Corporation who has less 60% Filipino ownership
cannot apply confirmation of imperfect title; can only
lease
PERSONS COMPETENT TO QUESTION LAND GRANT
Persons who obtained title from State or thru persons
who obtained title from State
PATENT
WHEN IS GOVERNMENT GRANT DEEMED ACQUIRED BY
OPERATION OF LAW:
1. Deed of conveyance issued by government
patent/grant
2. Registered with Register of Deeds mandatory:
operative act to convey & transfer title
3. Actual physical possession, open & continuous
Land ceased to be part of public domain & now
ownership vests to the grantee
Any further grant by Government on same land is
null & void
Upon registration, title is indefeasible
TITLE ISSUED PURSUANT TO REGISTRATION OF PATENT
1. Indefeasible when registered, deemed incorporated
with Torrens system; 1 year after issuance of patent
2. May not be opened one year after entry by Land
Registration Authority; otherwise, confusion,
uncertainty & confusion on government system, of
distribution of public lands may arise & this must be
avoided
a. Except: annullable on ground of fraud, may be
reopened even after 1 year because
registration does not shield bad faith
Court in exercise of equity jurisdiction may direct
reconveyance even without ordering cancellation of
title
AIM OF HOMESTEAD PATENT:
Benevolent intention of government to distribute
disposable agricultural land to destitute citizens for
their home and cultivation
As a matter of public policy, may be repurchased even
if after 5 years provided not for profit
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Right of repurchase not allowed if sold within family &
not for cultivating or living but for speculation purpose
RESTRICTIONS:
1. Cannot be alienated within 5 years after approval of
application for patent
2. Cannot be liable for satisfaction of debt within 5 years
after approval of patent application
3. Subject to repurchase of heirs within 5 years after
alienation when allowed already
4. No corporation, partnership, association may acquire
unless solely for commercial, industrial, educational,
religious or charitable purpose or right of way subject
to consent of grantee & approval of Secretary of
Natural resources
EXCEPTIONS:
Action for partition because it is not a conveyance
Alienations or encumbrances made in favor of the
government
ERRED HOMESTEADER NOT BARRED BY PARI DELICTO
Pari delicto rule does not apply in void contract
Violation of prohibition results in void contract
Action to recover does not prescribe
HOMESTEADER
If he dies, succeeded by heirs in the application
LEGAL RESTRICTION IN DISPOSITION BY NON-CHRISTIANS
(CULTURAL MINORITIES)
Conveyance is valid if able to read and can understand
language where deed is written
Otherwise, not valid unless approved by Commission
on National Integration
Safeguard is to protect them against fraud/deceit
XXII CADASTRAL REGISTRATION PROCEEDINGS
PURPOSE:
Another means to bring lands under operation of
Torrens System
Ordinary registration is slow for lack of initiative on
part of landowners, innovation was conceived to
hasten and accelerate registration
Government initiates that all lands within a stated
region are up for registration whether or not owners
are interested to settle their titles
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
NATURE OF PROCEEDINGS:
In rem
No defendant & no plaintiff
Compulsory
PROCEDURE:
1. CADASTRAL SURVEY
In opinion of Phil president pursuant to requirement
of public interest, title of land within a specified area
needs to be settled and adjudicated
Order Director of Lands to make survey and plan
Director gives notice to persons claiming interest in
lands & to gen public of day of survey published in
OG and posted in conspicuous place on lands to be
surveyed
Geodetic engineers commences survey
During survey, boundaries are marked by
monuments
2. FILING OF PETITION
After survey and plot been made, Director
represented by Sol Gen institutes cadastral
proceeding by filing petition in court against holders,
claimants, possessors, occupants
Parcel of lots given their cadastral numbers
3. PUBLICATION OF NOTICE OF HEARING
Court to order date of hearing
LRA to notify public by publishing notice 1x in OG
and 1x in newspaper of general circulation & copy
mailed to person whose address is known & other
copies posted in conspicuous place designated bylaw
4. FILING OF ANSWER
Any person claiming interest in any part of lands
subject to petition is required to file answer
Answer must give the ff details:
i.Age of claimant
ii.Cadastral number of lot claimed
iii.Name of barrio or municipality where lot is located
iv.Name of owners of adjoining lots
v.If in possession & without grant no of years in
possession
vi.If not in possession state interest claimed
vii.If assessed of taxation assessed value
viii.Any encumbrances affecting said lots
5. HEARING OF CASE
In any convenient place where land lies
Like an ordinary RTC trial
Conflicting claims are determined
Lots claimed are awarded to persons entitles
i. if they could prove title
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ii. If none could prove title land is declared public WHEN CAN CADASTRAL PROCEEDINGS MAY BE OPENED
domain o 10 years up to Dec 31, 1968
6. DECISION o Unable to file their claim even while in possession
Claimants are notified of decision granted right to petition for reopening of proceedings
7. ISSUANCE OF DECREE AND CERTIFICATE OF TITLE provided such were not alienated, leased or disposed
Upon order of court, LRA to enter decree of by government
registration
Decree made basis for issuance of OCT CADASTRAL COURT DOES NOT AWARD DAMAGES, BUT MAY
Decree are now being directly prepared and
DIRECT SHERIFF TO DELIVER POSSESSION
issued on regulation forms of such certificate
NATURE OF TITLE COVERED BY 2 ACTS: o Provisions of land registration act applicable to
cadastral proceedings
Title in good faith & for value
Errors in plan does not annul decree of registration
Cancellation & correction is permitted
XXIII SYSTEM OF REGISTRATION FOR UNREGISTERED LANDS
LAND ALREADY REGISTERED
Jurisdiction is limited only to correction of technical
errors System of registration for unregistered land under the
Court cannot issue decree on land already decreed Torrens System (ACT 3344)
Revision of decree allowed when substantial rights are Before: covers voluntary dealings, now includes
not impaired; what is prohibited is registered land to involuntary dealings
be registered again in name of another Effect if prospective; binds 3rd persons after
Jurisdiction subsist to all incidental matters registration but yields to better rights of 3rd person
CADASTRAL PROCEEDING COMPARED TO ORDINARY prior to registration (limited effect to 3rd parties)
Reason: no strict investigation involved
REGISTRATION
Subsequent dealings also valid if recorded
CADASTRAL ORDINARY Register of Deeds keeps day book & a register; index
Party Initiating Government Private system is also kept
Individual
Subject Matter Private and Private Lands Procedure:
Public a. Presentment of instrument dealing in
unregistered land
Ownership Government Ownership is
b. If found in order registered
does not assert asserted c. If found defective registration is refused
ownership writing his reason for refusal
Interested only
in
settlement of
titles
Survey Government On account of
undertakes Owner
survey
andadvances
expenses
As to risk In absence of Applicant has
successful another chance
claimant, to claim
property goes dismissal is
to government withoutprejudice

We are only as strong as we are united, as weak as we are divided.

-Dumbledore, Harry Potter and the goblet of fire-
 REGISTRATION OF LAND TITLES and DEEDS
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FREQUENTLY ASKED QUESTIONS DURING CLASS +QUIZZES 7. Assurance Fund

- compensation of such persons as may be injured by
1. Torrens system the divesting and cutting off of rights and interests
-system of registration developed by sir Robert torrens, under this statutory declaration.
quiets the titles, relieves the land of unknown liens and 8. Systems of Registration
claims -spanish mortgage law
2. What is quieting of title -Torrens
-put a stop forever to any question of legality of the -system of recording for unregistered lands
registration
9. What is Cadastral Proceeding
3. Proceeding in Torrens -initiated by the government
-in rem -in the absence of claimants, land goes to gov

4. Assurance of quieting of title 10. Is Cadastral Proceeding mandatory? What kind?

-assurance fund -yes; in rem

5. Ruling of Court in Massachusetts v Merchant v La Fuente 11. Carino v Insular

In Massachusetts, the land registration act was -nat res besh regalian doctrine
also attacked on constitutional grounds, namely,
that it provided for a diversion of judicial power 12. Regalian Doctrine
and that in its operation there was lack of -all lands belong to the state
provision for due process, but here again it was
held to be constitutional. 13. Accretion/ Alluvium/ Accession
-read paras for details
In the Philippines, the constitutionality of our
registration law was questioned on the ground that 14. Modes of Acquiring Land Titles
it deprived a person of his property without due PAARVIDE
process of law by merely failing to register his right -Public Grant
or title in accordance with the prescribed system. -adverse possession
Now, however, it is definitely settled that the -accretion
legislative branch of the government has the -reclamation
power to provide a system for recording or -voluntary transfer
registration of land ti- tles. Of course, it has no -involuntary transfer
power to dispose of a mans property without due -descent or devise
process of law, but it does have power to provide -emancipation
for a system or procedure to register title to land,
and to declare that if the owner of the property 15. Who can apply for original registration?
does not record his title papers, and by reason of OPAA
such failure a third person, relying upon the -Open, continuous
records, acquires interest in the land adverse to the -precsription
negligent owner, the right of such innocent third -accession - accretion
person shall be upheld as against that of the other
-any other manner
who slum- bered upon his right.21 The state, as
sovereign over the land situated within it, may 16. What kinds of lands are subject to this?
provide for the adjudication of title in a proceeding -Alienable and Disposable
in rem, which shall be binding upon all persons
known or unknown. 17. Original v Subsequent Registration
-orig- Original Cert of Title (OCT)
6. Proceeding in rem v in personam -Sub- Transfer Cert of Title (TCT)
-in rempersonal notice not required; Condo--- CTC Condo Cert of Title (-.-)
-in personam- required

We are only as strong as we are united, as weak as we are divided.

-Dumbledore, Harry Potter and the goblet of fire-
 REGISTRATION OF LAND TITLES and DEEDS
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18. Kinds of prescription 35. Registration v Recording

-ordinary gf 10 yrs -reg- guarantees title
-extraordinary bf 30 yrs - rec- guarantees

19. June 12, 1945 36. Are you required to go behind the title
-unsa naa ani na date?? - no
37. Why Torrens is a stable system
20. Why Register land -assurance fund
-to quiet the title
38. Police Power
21. Who are riparian owners -general welfare (merchant case)
-Article 457
40. Issuance of the decreereckoning period
22. Can the seller be at 2 places at the same time
-yes. Contract of agency
Quizzes:
23. Addison case 1. Is land title, the same, similar, or different from deeds
The court has held that a fraudulent or forged Different (check previous numbers)
document of sale may give rise to a valid title if the
certificate of title has already been transferred from 2. Is possession, the same, similar, or different from
the name of the true owner to the name indicated ownership
by the forger and while it remained as such, the Different. Possession is the holding of a thing and
land was subsequently sold to an innocent enjoyment of the rights of an owner. Right to possess and
purchaser. right to fruits only
24. What are the dealings of ownership Ownershipbundle of right
-voluntary and involuntary
3. Distinguish title from color of title
25. What is land title -color of title murag title
- evidence of right of owner or extent of his interest, by
which means he can maintain control and as a rule assert 4. Is quasi in rem, similar or different from in rem
right to exclusive possession and enjoyment of property proceedings
26. Deeds -quasibinds the parties
- instrument in writing which any real estate or interest -in rem-the whole world
therein is created, alienated, mortgaged or assigned or by
which title to any real estate may be affected in law or 5. Is title the same, similar, or different from muniments of
equity title
27. Definition of contract -muniments-attachments
-meeting of the minds whereby one binds himself to give
something or to render some service 6. Distinguish general default from special default
-a general default may be ordered by the court if no person
28. Instance where an oral deed of sale is valid appears and answers within the time prescribed.
-partial execution -Where a party appears at the initial hearing without having filed
an answer or opposition and asks the court for time within which
29. Is color of title same as title to file the same, and this has accordingly been granted, in case of
failure of such party to fi le his answer or opposition within the
-no, color of title gives the appearance of one but falls short
period allowed, he may be declared specially in default.
of title in the legal sense.
30. Property subject to registration in RD
7. Is the decree of registration the same as judgment
-real property and real rights (immovable under Art 415)
-decree-issued by LRA
-judgmentcourt
34. What is the purpose of registration
????
- constructive notice
We are only as strong as we are united, as weak as we are divided.
-Dumbledore, Harry Potter and the goblet of fire-
 REGISTRATION OF LAND TITLES and DEEDS
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8. A decision in MCTC on a land registration case was 20. Is the land registration proceeding the same as cadastral
appealed on time to the RTC. As a judge of RTC, what proceeding
would be your action -land reg-initiated by owner
-dismiss; no jurisdiction; must appeal to CA -cadastral- initiated by gov

9. RD refused to register DAS on the ground of fraud. Was
the refusal correct
-no; mandatory function not discretionary/judicial
10. Distinguish voluntary dealings v involuntary
-voluntarywith consent ---sale, mortgage, lease, trust,
-involuntary-no consentattachment, tax sale etc
11. Distinguish urban land from rural land
-we know this na beshies
21. Is the contract of sale a mode of acquiring ownership
No.
22. Is personal notice to all land owners indispensable to land
registration proceeding
-no; publication is enough since its a proceeding in rem
23. Before June 11, 1978 may a corporation be allowed to
apply for original land registration
-yes

12. Is there a right of redemption in favor of an adjacent 24. On june 11, 1978 FM enacted PD 1529. May the Pres be
owner if the land is either urban land or both urban land allowed to enact into law PD 1529
----YES -yes; legislative was abolished

13. What is the rule in case of double sale of real prop 25. Is the RT acting as a court of land registration a court of
-1st to reg in GF general jurisdiction
st
--if both, 1 to possess -not general; land registration
-if both, oldest title

14. May a void title be a source of a valid title

-yes, see Addison ruling

15. May an inexistent title be a source of a valid title

-no

16. What are the essential requisites of a REM

1. Constituted to secure payment of primary obligation
2. Mortgagor be the absolute owner of the thing
3. Disposal of property legally authorized for the purpose

17. When is a contract of sale deemed an equitable mortgage

-- in a case where a certain real property was sold and
immediately thereafter the purchaser sold the same
property under pacto de retro for the same price
representing the amount of loan advanced by the vendee
a retro, with the further condition that the repurchase
price shall escalate month after month, it was held that
the latter transaction could not have been a sale under
pacto de retro but presumed to be an equitable mortgage
as contemplated by Article 1602 of the Civil Code.
18. Is pactum commissorium a valid stipulation in a contract.
-no contrary to public policy

19. Why is the torrens system deemed a reliable system of

registration
-assurance fund

We are only as strong as we are united, as weak as we are divided.

-Dumbledore, Harry Potter and the goblet of fire-