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Land Titles and Deeds

Section 48. Certificate of title NOT Subject to


COLLATERAL ATTACK [C,A,M,E,D]
Subsequent Registration
A certificate of title cannot be impugned, altered,
changed, modifies enlarge except in a direct proceeding I. Voluntary Dealings with Registed Lands
for the purpose. The validity of the certificate of title can
be threshed out only by a direct proceeding filed in court. Section 51. Coneyance and other Dealings by registered
owner [C,M,L,C]
The certificate of title serves as an evidence of an
indefeasible title to the property in favor of the person
Form is important for validity, convenience, and
whose name appears therein.
enforceablitiy
It can only be attacked only for fraud within one year from
GR: Form is not important for the validity of a contract
the date of the issuance of the decree of registration.
provided there is CONSENT, SUBJECT MATTER, and
CAUSE. (Consensual)
The issue of validity of the title of respondents can only
XPN: When the law requires that a contract be in some
be assailed in an action expressly instituted for that
form in order that it may be valid or enforceable, or that
purpose. (Not incidental but a direct attack)
a contract be proved in a certain way, that requirement
is absolute and indispensable (Donation, Mortgage etc.)
Collateral Direct
In an action obtain a When the object of the
different relief, an attack on action is to annul or set Contract of Sale Contract to Sell
the judgement is an aside such judgment, or Title to the property passes Ownership is, by
incident thereof. enjoin its enforcement. to the vendee upon the agreement, reserved in the
delivery of the things sold. vendor and is not to pass
to the vendee until full
payment of the purchase
price.

A direct attack on the title may be made in a


counterclaim or third-party complaint. It is considered as
a new suit as if it were an independent action. Act of registration is the operative act to convey or affect
registered land insofar as third persons are concerned.
Registration is the notice to the whole world. It is
Section 49. Splitting, Consolidation of Titles constructive notice to all persons from the time of such
registering, filing or entering. It is the registration that
Section 50. Subdivision and Consolidation Plans binds or affects third persons.
If only a portion of a land describe in the certificate of
As between the parties to a contract of sale, registration
title is conveyed, the ROD shall not enter any new title
is not necessary to make it valid and effective for actual
until after the plan indicating the portions into which the
notice is equivalent to registration. Even without the act
land has been subdivided shall first be presented
of registration, a deed purporting to convey or affect
together with technical description thereof.
registered land shall operate as a contract between the
parties.

Section 52. Constructive Notice Upon Registration

GR: Every person dealing with a registered land may


safely rely on the correctness of the certificate of title
and will no way oblige him to go beyond it.

XPN: When a party has actual knowledge of the facts


and circumstances that would impel a reasonable
cautious man to make such inquiry into the status of the
title of the property.

A person dealing with the registered land is merely


charged with the notice of the burdens on the property
which are noted on the face of the register or the
certificate of title.

Under the rule of notice, it is presumed that the


purchaser has examined every instrument of record
affecting the title. It cannot be defeated by lack of
knowledge of what the record contains.

The purpose of registration is to notify the interest of


strangers to a given transaction, who may be ignorant
thereof, and the non-registration of the deed evidencing
said transaction does not relieve the parties of their
obligation thereunder.

Notice of Lis Pendens Serves as warning to a


prospective buyer or an encumbrancer that a particular
property is in litigation, and that he should keep his hands
off the same, unless he intends to gamble on the results
of the litigation.

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An INNOCENT PURCHASER FOR VALUE one who


buys the property of another without notice that some Remedy in case of refusal or failure to surrender:
other person has a right on interest in it, and who pays a
full and fair price at the time of the purchase or before A. Order the registered owner/withholding the
receiving any notice of another persons claim. duplicate to surrender and direct the entry of a new
certificate/memorandum
Purchaser is not required to explore further than what
title indicated for hidden defects. Every person may B. If he refuses, the court may order the annulment
safely rely on the correctness of the title and is no longer as well as the issuance of a new certificate of title in
required to look behind the certificate in order to lieu thereof. Such new certificate shall contain a
determine the actual owner. He is charged with notice memorandum of annulment of the outstanding
only of such burdens and claims which are annotated on duplicate.
the title.
Original owner may seek for annulment of transfer on the
It follows that where there is nothing in the title to indicate ground of fraud without prejudice to the rights of any
any cloud or vice in the ownership of the property, or any innocent purchaser for value.
encumbrance thereon, the purchaser is not required to
explore farther than what the title upon its face indicates GOOD FAITH a well-founded belief that the person
from whom title was received was the owner and with a
in quest for any hidden defects or inchoate right that may
subsequently defeat his right thereto. right to convey it.

A purchaser who has knowledge of defect of his vendors GR: A forged deed is a nullity and conveys no title.
title cannot claim good faith. He cannot close his eyes to
facts which should put a reasonable cautious man upon The innocent purchaser for value protected by law
his guard, to put him upon such inquiry and investigation is one who purchases a titled land by virtue of a
as might be necessary to acquaint him with the defects deed executed by the registered owner himself, not
of his title, and then claim that there was no defect in the by a forged deed.
title.
When the instrument presented for registration is
Good faith applicable to lessees and mortgagees: forged, the registered owner does not thereby lose
A mortgagee has a right to rely in good faith on the his title, and neither does the assignee or the
certificate of title of the mortgagor to the property given mortgagee, for that matter acquire any right or title
as security to the property

Sec 53. x x x After the entry of the decree of registration


Banks are cautioned to exercise more care and
on the original petition or application, any subsequent
prudence in dealings even with registered land, for their
registration procured by the presentation of a forged
business is affected by public interest. The
duplicate certificate of title, deed or other instrument shall
ascertainment of the status or condition of a property
be null and void
offered to it a security must be standard and
indispensable part of its operations.
XPN: But a forged deed may the basis of a good title in
the hands of a bona fide purchaser
INVOLUNTARY VOLUNTARY
An entry thereof in the day If the owners duplicate is
book is a sufficient notice to not surrendered and Where innocent third persons relying in the
all persons of such adverse presented or if no payment correctness of the certificate of title issued, acquired
claim even if the owners of fees is made within 15 rights over the property, the court cannot disregard
duplicate of title is not days, entry in the day book such rights and order the cancellation for that would
presented to the ROD and of the deed of sale does not impair public confidence of the certificate.
without being annotated on operate to convey and
the back of the title affect the land sold. An mortgagee for value has the right to rely on what
(i.e. Attachment, Levy upon appears in the certificate of title, in the absence of
Execution, Lis Pendens) anything to excite suspicion, he is under no
obligation to look beyond the certificate and
investigate the title of the mortgagor appearing on
the face of said certificate.
Entry alone produces the effects of registration whether
the transaction is a voluntary or involuntary one, so long
The giving of a certificate of title by the owner to another
as the registrant has complied with all that is required of
person(impostor) is not in itself an act of negligence,
him and nothing is more to be done but a duty incumbent
especially so where it does not appear that owner has
solely on the ROD (DBP vs ROD Nueva Ecija)
executed any document authorizing the holder of the
certificate to execute deeds fir and in their behalf.
Section 53. Presentation of Owners Duplicate upon Entry
of New Certificate
Rule in Cases of Double Sale:
The production of the owners duplicate certificate,
whenever voluntary instrument is presented for
Art. 1544 provides, Should it be immovable
registration, shall be conclusive authority from the
property, the ownership shall belong to the person
registered owner to the ROD to enter a new certificate of
acquiring it who in good faith first recorded it in the
title or to make a memorandum of registration with such
ROD
instrument.
He who is first in in time is preferred in right
To affect the land sold, the presentation of the deed of
A mortgagee in good faith has a right to rely on the
sale and its entry in the day book must be done with the
certificate of title of the mortgagor of the property given
surrender if the owners duplicate.
as a security and in the absence of any sign that might
arouse suspicion, has no obligation to undertake further
Issuance of TCT without presentation of the owners
investigation.
duplicate is unwarranted and confers no right on the
purchaser.

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Hence, even if the mortgagor is not the rightful owner of, showing the portion into which is has been
does not have a valid title to, the mortgagee is entitled to subdivided and the corresponding technical
protection. description shall have been approved and verified.
b. However, the deed of conveyance in the meantime
be annotated by way of memorandum on the
Section 54. Dealings less than ownership, how grantors certificate of title to serve as notice to 3 rd
registered. persons.
c. Upon approval of the plan and the technical
At the dorsal side of a certificate of title is a memorandum description, it shall be filed with the office of the
of encumbrances affecting the property. It is here that all ROF for annotation on the certificate of title.
interests in registered land less than ownership shall be d. ROD shall then issue a new TCT to the grantee for
entered by the ROD. (i.e. Mortgage/Lease) the portion conveyed upon cancellation of the
grantors certificate as to said portion.
It is not necessary to issue a new certificate of title on the
basis of an instrument which does not divest the
ownership or title from the owner or from the transferee
of the registered owner. Section 58. Carry Over of Encumbrances

A brief memorandum of the nature of the instrument Whenever registered land is conveyed, all subsisting
entered on the certificate of title on the certificate of title, encumbrances or annotations appearing in the
signed by the ROD, shall serve as notice to third parties registration shall be carried over and noted on the new
of the instrument affecting the property. A similar entry certificate of title EXCEPT where said encumbrances or
shall be made on the owners duplicate of title. The annotations are simultaneously released or discharge.
cancellation or extinguishment of such interest or rights
shall be recorded in the same manner. Section 60. Mortgage or Lease of Registered Land

Section 55. Contents of the instrument presented for A property has been identified or set apart from the mass
registration of the property of the debtor-mortgagor as security for
the payment or the fulfillment of an obligation to answer
Section 56. Primary Entry Book; Fees; Certified Copies the amount of indebtedness, in case of default payment.

An innocent purchaser for value of registered land R: Article 2085 [S, A, F]


becomes the registered owner from the moment he
presents and files a duly notarized deed of sale and is A mortgage is regarded as nothing more than a mere
entered in the ay book at the same time surrenders the lien, encumbrance or security for a debt, and passes to
duplicate title and pays the full amount registration fees, no title or estate to the mortgagee and gives him no right
because what remain to be done lies not within his power or claim to the possession of the property.
to perform
Mortgage lien is a right in REM which follows the
Requirements for the registration: property. It is indispensable from the property
mortgaged. It subsists notwithstanding a change in the
Voluntary Involuntary ownership the personality of the owner is disregarded. It
a. Filing and Attachment, levy upon creates a real right which is enforceable against the
registration in the execution, lis pendens and whole word.
day book of thr the like, entry of the
notarized deed corresponding order or Even if the mortgage property is sold or its possession
or instrument notice on the day book
transferred to another, the property remains subject to
operates as a sufficient
b. Surrendered of notice to all persons of such the fulfillment of the obligation.
owners incidents, even without the
duplicate presentation of the owners Equitable Mortgage - one which, although lacking in
duplicate of title some formality, form or words, or other requites
demanded by a statue, nevertheless reveals the
c. Payment of fees intention of the parties to charge a real property as a
security, and contain nothings impossible or contrary to
law.
Section 57. Procedure in Registration of Conveyances.
Section 61. Registration
PROCEDURE IN REGISTRATION OF CONVEYANCES.
The recording of a mortgage puts the whole world on
An owner desiring to convey his registered land in fee simple constructive notice of its existence and warn everyone
shall execute and register a deed of conveyance in a form who thereafter deals with the property on which it was
sufficient in law. The Register of Deeds shall thereafter make constituted that he would have to reckon with that
out in the registration book a new certificate of title to the encumbrance.
grantee and shall prepare and deliver to him an owner's
duplicate certificate. The Register of Deeds shall note upon What are the rights in innocent purchaser for value?
the original and duplicate certificate the date of transfer, the
volume and page of the registration book in which the new Absence of anything to excite or arouse suspicion,
certificate is registered and a reference by number to the last said mortgagee is under no obligation to look
preceding certificate. The original and the owner's duplicate of beyond the certificate and investigate the title of the
the grantor's certificate shall be stamped "cancelled". The mortgagor appearing on the face of said certificate
deed of conveyance shall be filed and indorsed with the
number and the place of registration of the certificate of title of Being an innocent purchaser for value, its right or
the land conveyed.
lien upon the land mortgaged must be respected
and protected, even if the mortgagor obtained their
Section 57. Procedure Where Conveyance Involves title thereto through fraud.
Portion of Land Are Conveyed
Where the mortgage is admittedly a forgery and the
a. If only a portion of land is subject to conveyance, registered owner has not been shown to have been
the ROD shall not issue any TCT until a plan

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negligent or in connivance with the forger, the mortgage Good Faith; the filing of the action must have been
cannot be enforced against the owner. for sole purpose of determining the redemption
price
A forged power of attorney is without force and effect, Once the redemption price is determined at a
and the record of the mortgage constituted by virtue reasonable time the redemptioner must make a
thereof is likewise null and void and could not prejudice prompt payment
the rights of the owner.
In order to bind the principal by a mortgage on a real
property executed by an agent, it must upon its face
purport to be made, signed and sealed in the name of
the principal, otherwise, it will bind the agent only.

Unrecorded sale is preferred because the original owner Equity of Redemption Right of Redemption
had parted with his ownership and free disposal of that
thing so as to be able to mortgage it again. The right of the mortgagor The right of the mortgagor
to redeem the mortgaged to repurchase the property
SECTION 62. DISCHARGE OR CANCELLATION property after his default in even AFTER confirmation
the performance of the of the sale, in cases of
Upon full payment of the indebtedness or expiration of conditions of the mortgage foreclosure by banks, within
the lease agreement, a mortgage or lease on registered but BEFORE the sale of the 1 year from the registration
may be discharged or cancelled by means of an property or confirmation of of the sale.
instrument by the mortgage or lessee in public the sale.
instrument which shall be filed with the ROD.
This is simply the right of
PACTUM COMMISORIUM A stipulation in the contract the defendant mortgagor to
that the ownership of the property would automatically extinguish the mortgage
pass to the mortgagee in case no redemption was and retain ownership of the
effected with the stipulated period is VOID which enables property by paying the
secured debt within the 90-
the mortgagee to acquire ownership of the mortgage
day period after the
property without the need of foreclosure. judgment becomes final, in
accordance with Rule 68, or
1. There should be a property mortgaged by way even after the foreclosure
of security of the payment of the obligation. sale but prior to its
confirmation
2. There should be a stipulation for automatic
appropriation by the creditor of the thing Applies to Judicial Applies to Extra-Juidicial
mortgaged in case of non-payment of the Foreclosure Foreclosure
principal obligation within the stipulated
period.
Confirmation of Sale

SECTION 63. FORECLOSURE OF M ORTGAGE It is confirmation by the court of the action sale that would
divest the mortgagors of their rights to the mortgage lot
FORECLOSURE - the process by which a mortgagee and vest such rights in the bank as purchaser at the
acquires an absolute title to the property of which he has auction sale. Title vest only when the sale has been
previously been only the conditional owner or upon which validly confirmed by the court.
he had previously a mere lien or encumbrance.
What is required for redemption is the tender of the
Prescription: 10 years amount due under the mortgage deed, plus interest, and
note merely the purchase price at the auction sale.
Remedies in case of default: [ 1. Demandable and
liquidated 2. Delays performance 3. Creditor extra If the land is mortgage to a rural bank, the mortgagor may
judicially or extra judicially requires the debtors redeem the property within two years from the date of
performance] foreclosure or from the sheriffs certificate of sale at such
a. Foreclose the mortgage foreclosure. If the mortgagor fails to exercise such right,
b. File an ordinary action to collect the debt his heirs may still repurchase the property within 4 years
from the expiration of the two-year redemption period.
Judicial Foreclosure of Mortgage: Rule 68, Section 3,
ROC After the one-year redemption period, the mortgagor
Extrajudicial Foreclosure the property is foreclosed by loses all interest over the foreclosed property, the
the filing of a petition with the office of the sheriff of the possession of land becomes an absolute right of the
province where the sale is to made. purchaser as confirmed by the owner. The purchaser can
demand possession at any time following the
REDEMPTION consolidation of ownership in his name and the issuance
to him of a new TCT.
The period of redemption shall be at any time within one
year from the date of registration of sale. It should not be Writ of Possession (ex parte and summary)
counted from date of foreclosure sale, but from the time
certificate of sale is registered with ROD since it is only The purchaser is entitled to the possession of the
from these date of its registration that a certificate of sale property and can demand that he be placed in
takes effect as a conveyance. possession unless a third party is actually holding the
property by adverse title or right.
By failing to redeem, the mortgagor loses all his interest
over the foreclosed property. The purchaser becomes SECTION 64. POWER OF ATTORNEY
the absolute owner.
Special Power of Attorney refers to a clear
mandate specifically authorizing the performance
Rule in Case of Judicial Redemption:
of an act, and must therefore be distinguished from
Timely redemption or redemption by expiration date an agency couched in general terms.

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Section 65. Trust in Registered Land Section 70. Adverse Claim

Trust a fiduciary relationship with respect to property, Nature


which involves the existence of equitable duties imposed
upon the holder of the title to the property to deal with it An adverse claim is a notice of a claim adverse to the
for the benefit of another registered owner, the validity if which is yet to be
established at some future fate and is no better than a
Express Trust - Which the direct and positive of the notice of lis pendens which is a notice of a case already
parties create, by some writing or deed, or will, or by pending in court.
words evincing intention to create a trust. A statement in writing setting forth a subsequent right or
interest claimed involving the property, adverse to the
Implied Trust - Implied trusts are those which, without registered owner.
being express, are deducible from the nature of the
transaction as matters of intent, or which are super Purpose
induced on the transaction by operation of law as matters
The purpose of annotating is to preserve and protect the
of equity, independently of the particular intention of the
right of the adverse claim during the pendency of the
parties.
controversy. It a notice third persons that any transaction
regarding the disputed land is subject to the outcome of
Constructive Resulting
the dispute
Imposed where a Arises when a
person holding title to person makes or
Requisites:
property is subject to causes to be made
an equitable duty to a disposition of
1. The adverse claimant must state the following:
convey it to another property under
a. His alleged right or interest
on the ground that he circumstances
would ne unjustly which arises an b. How and under whom interest is acquired
enrich if he were inference that he c. Description of the land
permitted to retain it. does not intend d. No. of the certificate of title
(Fraud, Duress, that the person
Abuse of confidence) holding or taking 2. Must be signed and sworn to before a notary public
the property should 3. State his residence or the place which all notices
have beneficial may be served upon him.
interest.
The validity or efficaciousness of an adverse claim nay
only be determined by the court upon petition by an
interest party, in which event, the court shall order the
immediate hearing thereof and make the proper
SECTION 66. TRUST WITH POWER TO SALE, ETC., HOW
adjudication as justice and equity may warrant.
EXPRESSED
Adverse claim does not ipso facto cancelled after 30
days. The cancellation of the adverse claim is still
SECTION 67. JUDICIAL APPOINTMENT OF NEW necessary to render it ineffective, otherwise, the
TRUSTEE inscription will remain annotated and shall continue as a
lien upon the property. There must a be a court hearing
If a new trustee of registered land is appointed by a court of to afford the claimant an opportunity to be heard.
competent jurisdiction, a new certificate may be issued to him
upon presentation to the Register of Deeds of a certified copy
of the order or judicial appointment and the surrender for Section 71. Surrender of certificate in involuntary
cancellation of the duplicate certificate. dealings.

SECTION 68. IMPLIED TRUST, HOW ESTABLISHED The court may compel surrender of a certificate of tile as
an incident to the main case. It requires the registered
Should file with the ROD a sworn statement: owner to produce the owners certificate that an
attachment of other lien in the nature of involuntary
A. Description of the land dealing, like an adverse claim, may be annotated
B. Name of registered owner thereon. If the owner neglects or refuses to comply within
C. Reference to the number of the certificate of title a reasonable time, he shall report such fact to proper
RTC in which shall, after notice, direct owner to produce
his certificate at a time and place specified in its order.
INVOLUNTARY DEALING
Any lien annotated on the previous certificate of title
Section 69. Attachment
which subsist should subsist should be incorporated in
or carried over to the new certificate of title.
Nature of Attachment

Attachment the process of seizing anothers property Section 72. Dissolution, etc. of attachments, etc.
in accordance with a writ or judicial order for the purpose Attachments and liens of every description upon registered
of securing satisfaction of a judgement yet to be land shall be continued, reduced, discharged and dissolved
rendered. by any method sufficient in law, and to give effect to the
The writ if attachment is used primarily to seize the continuance, reduction, discharge or dissolution thereof the
debtors property in order to secure the debt or claim of certificate or other instrument for that purpose shall be
the creditor in the event that a judgement is rendered. registered with the Register of Deeds.

Section 73. Registration of orders of court, etc. If an


Discharge of an attachment attachment is continued, reduced, dissolved, or otherwise
affected by an order, decision or judgment of the court where
It may be discharged upon giving a counter bond or on the action or proceedings in which said attachment was made
the ground that the same was improperly or irregularly is pending or by an order of a court having jurisdiction thereof,
issued or enforced, or that the bond is insufficient. a certificate of the entry of such order, decision or judgment
from the clerk of court or the judge by which such decision,

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order or judgment has been rendered shall be registered upon In case of subsequent sale or transfer, the ROD is duty
presentation to the ROD. bound to carry over the notice of lis pendens on all titles
to be issued. Such entryy of lis pendens cannot be
Section 74. Enforcement of liens on registered land cancelled until the final termination of the litigation, and
the notice must be carried over in all titles subsequently
issued, which yield to the ultimate result of appeal.
Whenever registered land is sold on execution, or taken
or sold for taxes or for any assessment or to enforce a
lien of any character or for any cost and charges incident Section 77. Cancellation of Lis Pendens
to such liens, any execution, or copy of execution, any
officers return, or any deed demand, certificate, or other A notice of lis pendens may be cancelled upon the order
instrument made in the course of the proceeding shall be of the court on the ff. grounds:
filed with the ROD.
1. Annotation was for the purpose of molesting the
title of the adverse party
The ff. incidents on registered lands in the nature of 2. When the annotation is not necessary to protect
involuntary dealings shall be registered to be effective: the title of the party who caused it to be recorded
3. Upon a verified petition of the party who cause
a. Continuance, Dissolution, Discharge of attachment the registration
b. Orders of decision of the court
c. Deed of Sale, officers Return, Order if execution Registration of judgements; Orders; Partitions
and other instrument
Section 78. Judgment for Plaintiff. Whenever in any action
to recover possession or ownership of real estate or any
Section 75. Application for New Certificate Upon interest therein affecting registered land judgment is entered
Expiration of Redemption Period.
for the plaintiff, such judgment shall be entitled to registration
on presentation of a certificate of the entry thereof from the
Entry of a new certificate in case registered which has clerk of court where the action is pending to the Register of
been sold on execution for the enforcement of any lien, Deeds for the province or city where the land lies, who shall
except a mortgage lien, has not been redeem within the enter a memorandum upon the certificate of title of the land to
period, the purchaser or anyone claiming under him may which such judgment relates. If the judgment does not apply
petition for the issuance of a new certificate of title to him. to all the land described in the certificate of title, the certificate
But before the entry of such new certificate, the
of the clerk of the court where the action is pending and the
registered owner may pursue all legal and equitable
remedies to impeach or annul the proceeding. memorandum entered by the Register of Deeds shall contain
a description of the land affected by the judgment.

Section 76. Notice of Lis Pendens


Section 79. Judgment adjudicating ownership. When in
any action to recover the ownership of real estate or an
Lis Pendens means that a particular real property is in interest therein execution has been issued in favor of the
litigation. It refers to the jurisdiction, power or control plaintiff, the latter shall be entitled to the entry of a new
which a court acquires over the property involved in a certificate of title and to the cancellation of the original
suit, pending continuance of the action, and until certificate and owner's duplicate of the former registered
judgement. owner. If the registered owner neglects or refuses within a
The inscription serves as warning that one who acquires reasonable time after request of the plaintiff to produce his
an interest over litigated property does so at his own risk, duplicate certificate in order that the same may be canceled,
or that he gambles on the result of the litigation. the court shall, on application and after notice, enter an order
to the owner to produce his certificate at the time and place
a. To Protect the rights off the party causing the designated, and may enforce the order by suitable process.
registration of the lis pendens
b. Advice third persons who purchase or contract that Section 80. Execution of deed by virtue of
the subject property that they do so at their peril and judgment. Every court rendering judgment in favor of the
subject to the result of the pending litigation; plaintiff affecting registered land shall, upon petition of said
plaintiff, order and parties before it to execute for registration
When deemed registered: any deed or instrument necessary to give effect to the
judgment, and shall require the registered owner to deliver his
duplicate certificate to the plaintiff or to the Register of Deeds
Entry in the primary entry book the entry of the notice to be canceled or to have a memorandum annotated upon it.
of the lis pendens in the primary entry book of the In case the person required to execute any deed or other
Register of Deeds is sufficient to constitute registration instrument necessary to give effect to the judgment is absent
and such entry is notice to all persons of such claim. In from the Philippines, or is a minor, or insane, or for any reason
involuntary registration, it is not necessary that the notice not amenable to the process of the court rendering the
be annotated on the back of the corresponding original judgment, said court may appoint a suitable person as trustee
certificate of title. to execute such instrument which, when executed, shall be
entitled to registration.
Effects of registration:

1.Any purchaser of the lot cannot invoke the rights


of a purchaser in good faith and has acquired no Section 81. Judgement of Partition
more rights than the seller who had none.
Partition is the separation, division and assignment of
a thing held in common among those to whom it may
2. Judgment binds third persons any decision belong. Every act which is intended to put an end to in-
involving any right to land in the case referred to in division among co-heirs and legatees or devisees is
the notice of lis pendens shall bind not only the deemed to be a partition, although it should purport to be
parties thereto, but also third persons a sale, an exchange, a compromise, or any other
transaction.

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Judicial Partition Section 85. Land Taken by Eminent Domain.

A person having the right to compel the partition of real Eminent Domain
estate may do so by setting forth in his complaint the
nature and extent of his title and an adequate description The right of the eminent domain is usually understood to
of the real estate of which partition is demanded and be an ultimate right of the sovereign power to appropriate
joining as defendants all other persons interested in the any property within its territorial sovereignty. It enables
property. If the trial the court finds that the plaintiff has to forcibly acquire private lands intended for public use
the right thereto, it shall order the partition of the real upon payment of just compensation to the owner.
estate among all the parties in interest.

If actual partition is made, the judgement shall state Section 86. Extrajudicial settlement of Estate
definitely, by metes and bound and adequate
If the decedent left no will and no debts and the heirs are
description, the particular portion of the real estate
all of age, or the minors are represented by their judicial
assigned to each party, and the effect of the judgement
or legal representative duly authorized for the purpose,
shall be to vest in each party to the action on severalty
the parties may, without securing letters of
the portion of the real estate assigned to him.
administration, vide the estate among themselves as
they see fit by means of public instrument filed in the
Extra Judicial Partition between Heirs.
office of the ROD, and should they disagree, they may
The parties may without securing letters of do so in an ordinary action for partition.
administration, vide the estate among themselves as
they see fit by means of public instrument filed in the Section 87. Filing of letters of administration and will.
office of the ROD, and should they disagree, they may Before the executor or administrator of the estate of a
do so in an ordinary action for partition. deceased owner of registered land may deal with the same,
he shall file with the office of the Register of Deeds a certified
Stages in Partition copy of his letters of administration or if there is a will, a
1. Determination of whether or not a co-ownership on certified copy thereof and the order allowing the same,
fact exist and a partition as proper, that is, it is not together with the letters testamentary or of administration with
legally proscribed and be made by voluntary the will annexed, as the case may be, and shall produce the
agreement of the parties. duplicate certificate of title, and thereupon the Register of
Deeds shall enter upon the certificate a memorandum thereof,
2. When the parties are unable to agree upon the
making reference to the letters and/or will by their file number,
partition ordered by the court, the partition shall be
and the date of filing the same.
effected by the court with assistance of not more
than 3 commissioners.
Section 88. Dealings by administering subject to court
approval. After a memorandum of the will, if any, and order
Section 82. Registration of prior registered mortgaged or allowing the same, and letters testamentary or letters of
lease on partitioned property. administration have been entered upon the certificate of title
as hereinabove provided, the executor or administrator may
If a certified copy of a final judgment or decree of partition is alienate or encumber registered land belonging to the estate,
presented and it appears that a mortgage or lease affecting a or any interest therein, upon approval of the court obtained as
specific portion or an undivided share of the premises had provided by the Rules of Court.
previously been registered, the Register of Deeds shall carry
over such encumbrance on the certificate of title that may be Section 89. Land devised to executor
issued
Section 90. When executor empowered by will to SELL,
Section 82. Registration of prior registered mortgaged or CONVEY, ENCUMBER, CHARGED, OR OTHERWISE
lease on partitioned property. If a certified copy of a final DEAL WITH THEL LAND
judgment or decree of partition is presented and it appears
that a mortgage or lease affecting a specific portion or an Section 91. Transfer in anticipation of final distribution
undivided share of the premises had previously been
registered, the Register of Deeds shall carry over such
encumbrance on the certificate of title that may be issued. Section 92. Registration of final distribution.

Section 83. Notice of insolvency. Whenever proceeding in Section 93. Contribution to the Assurance Fund
bankruptcy or insolvency, or analogous proceedings, are
instituted against a debtor who owns registered land, it shall Section 94. Custody and investment of fund
be the duty of the officer serving the notice of the institution of
such proceedings on the debtor to file a copy thereof with the
office of the Register of Deeds for the province or city where Section 95. Action for compensation from funds
the land of the debtor lies. The assignee or trustee appointed
by the court in such proceedings shall be entitled to the entry Section 95 provides a remedy whereby a person who
of a new certificate of the registered land of the debtor or sustains loss or damage or is deprived of any estate or
bankrupt, upon presenting and filing a certified copy of the interest in land consequence of the operation of the
assignment in insolvency or order or adjudication in Torrents system of registration without negligence on his
bankruptcy with the insolvent's or bankrupt's duplicate part, may bring an action for the recovery of damages to
certificate of title; but the new certificate shall state that it is be paid out of the Assurance Fund
entered to him as assignee in insolvency or trustee in
bankruptcy or other proceedings, as the case may be.
a. A person sustains loss or damage or deprived of
any estate or interest in land
Section 84. Judgment or order vacating insolvency b. On account in bringing the land under the Torrens
proceedings. Whenever any of the proceedings of the
System arising AFTER original registration
character named in the preceding section against a registered c. Through FRAUD, ERROR, OMISSION, MISTAKE,
owner, of which notice has been registered, is vacated by MISDESCRIPTION
judgment, a certified copy of the judgment or order may be d. Without negligence on his part
registered. Where a new certificate has been entered in the e. Barred or precluded from bringing an action for the
name of the assignee or trustee, such certificate shall be rercovery of such land or estate or interest therein.
surrendered for cancellation and forthwith the debtor shall be
entitled to the entry of a new certificate to him
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Land Titles and Deeds

Conditions Sine Qua Non action at any time within two years after such disability has
been removed, notwithstanding the expiration of the original
period of six years first above provided.
a. The person who brings an action must be the
OWNER, that they be innocent purchaser and in
good faith Registration of Patents
b. There must showing that there is no negligence on
the part of the party sustaining the loss or damage
Section 103. Certificate of Title Pursuant to Patents
or deprivation of land

Where disposable public land is granted by the


Section 96. Against whom action is filed
government by virtue of a public patent (HOMESTEAD,
SALE, FREE PATENT), the patent is recorded and the
The action shall be brought against the ROD of the corresponding certificate of title is issued to the grantee;
province or city where the land lies and the national thereafter, the land is automatically brought under the
Treasurer as defendants. operation of the Property Registration Decree, entitled to
all the safeguard of a veritable Torrens title.
The certificate of title issued by virtue of said patent has
Section 97. How Judgement is satisfied
the force and effect of a Torrens title issued through
judicial proceeding. This principle is applicable to
Where the judgement is rendered against the certificates of title issued by virtue of other land patents
government, execution shall first issue the persons who under the PLA such as free patents, sales patents,
have been joined as co-defendants and if the execution special patents.
is returned unsatisfied, then the damages awarded by
the court shall be assessed against the Assurance Fund.
Imperium Dominium
The government authority The states capacity to own
Section 98. General Fund when liable. possessed by the state or acquire property
which is appropriately
embraced in the concept of
If at any time the Assurance Fund is not sufficient to satisfy
sovereignty
such judgment, the National Treasurer shall make up for the
deficiency from any funds available in the treasury not
otherwise appropriated. Public Land Act (CA No. 141)

Section 99. Subrogation of government to plaintiff's The law governed the disposition of lands in public
rights. domains. It prescribed rules and regulations for the
homesteading selling, and leasing of portions of the
In every case where payment has been made by the National public domain of the Philippines, and prescribed the
Treasurer in accordance with the provisions of this Decree, terms and conditions to enable persons to perfect their
the Government of the Republic of the Philippines shall be titles to public lands.
subrogated to the rights of the plaintiff against any other
parties or securities. The National Treasurer shall enforce said Public Land Act Property Registration
rights and the amount recovered shall be paid to the account Decree
of the Assurance Fund. Presumption is always that There exist already title
land applied for pertains to which is to be confirmed by
Section 100. Register of Deeds as party in interest. the State, and that the the court.
occupants and possessors
claim an interest only in the
When it appears that the Assurance Fund may be liable for same by virtue of their
damages that may be incurred due to the unlawful or imperfect title or
erroneous issuance of a certificate of title, the Register of continuous, open,
Deeds concerned shall be deemed a proper party in interest notorious possession.
who shall, upon authority of the Commissioner of Land
Registration, file the necessary action in court to annul or The court may dismiss the
amend the title. The court has jurisdiction or application with or without
power to adjudicate land in prejudice to the right to file
favor of any of the a new application for the
The court may order the Register of Deeds to amend or cancel conflicting claimants. registration of the same
a certificate of title or to do any other act as may be just and land.
equitable.

The only risk is that an


Section 101. Losses not recoverable. applicant runs is to have his
The applicant runs the risk
application denied
of losing the land applies for
The Assurance Fund shall not be liable for any loss, damage
or deprivation caused or occasioned by a breach of trust,
whether express, implied or constructive or by any mistake in
the resurveyed or subdivision of registered land resulting in
the expansion of area in the certificate of title.

Section 102. Limitation of Action.

Any action for compensation against the Assurance Fund by No public lands can be acquired by private persons
reason of any loss, damage or deprivation of land or any without any grant, express or implied from the
interest therein shall be instituted within a period of six years government. It is indispensable that there be a showing
from the time the right to bring such action first occurred: of a title from the state. (Homestead, Sale, Free Patent,
Provided, That the right of action herein provided shall survive Grant).
to the legal representative of the person sustaining loss or The law requires at least 30 years of open continuous,
damage, unless barred in his lifetime; and Provided, further, exclusive and notorious possession and occupation of
That if at the time such right of action first accrued the person agricultural lands of the public domain, under a bona fide
entitled to bring such action was a minor or insane or claim of acquisition immediately preceding the filing if the
imprisoned, or otherwise under legal disability, such person or application for free patent.
anyone claiming from, by or under him may bring the proper
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Land Titles and Deeds

EFFECT OF COMPLIANCE WITH LEGAL 7. Must show actual occupancy, cultivation and
REQUIREMENTS: improvement of at least 1/5 of the land until the date
of final payment
When a homesteader has complied with all the terms
and conditions which entitle him to a patent for a B. Residential, Commercial, Industrial purposes
particular tract of public land, he acquires a vested Lease only:
interest therein, and is to be regarded as the equitable
owner thereof
The execution and delivery of the patent, after the right a. Lands reclaimed by the government by degrading,
to a particular piece of land has become complete, are filling, or other means
the mere ministerial acts of the officer charged with that b. Foreshore
duty
Even without the patent, a perfected homestead is a Sold on a condition that purchaser shall make improvements
property right in the fullest sense, unaffected by the fact of a permanent character:
that the paramount title to the land is still in the
government
a. Marshy lands or lands covered with water bordering
upon the shore or banks if navigable river
Modes of Disposition (Public Lands suitable: b. Lands not included in any of the following classes

1. Homestead settlement Provided:


2. Sale
3. Lease
4. Confirmation of imperfect title or incomplete titles a. The purchaser shall make improvements of a
a. Judicial Legalization permanent character appropriate for the purpose for
b. Administrative Legalization which the land is purchased within 18 months from the
date of the award.
Homestead Patent its object is to provide a home for
each citizen of the state, where his family may shelter C. Residential Purposes
and live beyond the reach of financial misfortune, and
inculcate in individuals those feelings of independence
Any Filipino citizen of legal age who is not the owner of
which are essential to the maintenance of free institution.
a home lot on the municipality or city in which he resided
and which has in good faith established his residence on
1. Citizen of the Philippines a parcel of the public land which is not needed for public
2. Over 18 years of age or head of the family service, shall be given preference to purchase at a
private sale of which reasonable notice shall be given to
3. Not exceeding 12 hectares
him not more 1000 sqm at a price to fixed by the DOL
4. Must have cultivated and improved at least 1/5 with approval of Secretary. It shall be essential condition
of land continuously since approval of the of this sale that occupants has constructed his house on
application the land actually resided therein.
5. Resided for at least 1 year in the municipality in
w/c the land is located or in the municipality D. Lands within military reservations
adjacent to the same
6. Payment of required fee
E. Lands for educational, charitable, and other
similar purposes
When a homesteader has complied with all the
terms and conditions which entitle to him to a
Free Patent
patent for a particular tract of public land, he
acquires aa vested interest therein and is to be
regarded as an equitable owner thereof. Any natural born citizen of the Philippines who is the
owner of more than 12 hectares and who, for at least 30
years prior to the effectivity of this amendatory Act, has
Even without a patent, a perfected homestead is a continuously occupied and cultivated, either by himself
property in the fullest sense, unaffected by the fact or through his predecessors-in interest a tract or tracts of
that paramount title to land is still in the agricultural public lands subject to disposition, who shall
government. have paid the real estate tax thereon while the same
hasnt been occupied by any person shall be entitled,
Where all the necessary requirements for a grant by under the provisions of this Chapter, to have a free
patent issued to him for such tract or tracts of such land
the government are complied with through actual
not to exceed 12 hectares.
physical possession, openly, continuous, and
publicly with a right to a certificate of title, the
possessor is deemed to have already acquired by PD 1073apply only to A and D lands of the public
domain which have been in open, continuous, exclusive,
operation of law not only a right to a grant but a and notorious possession and occupation by the
grant of the government, for it is not necessary that applicant himself or thru his predecessors-in-interest,
a certificate of title be issued in order that grant may under a bona fide claim of ownership.
be sanctioned by the courts. (Susi vs Razon)
RA No. 10023
Sale Patent

A. Public Agricultural Lands Disposition of residential lands by means of a free patent


under the provisions od said act.
1. Citizen of the Philippines
2. Over 18 years of age or head of the family Reservations
3. Not exceeding 12 hectares
4. Mode of sale through sealed bidding
Upon the recommendation of the secretary, the
5. Paid in full or 10 annual equal installment president may designate by proclamation any tract of
6. Must have cultivated and improved at least 1/5 of land if the public domain as reservations for the use of
land within 5 years from date of award the of the Republic or any of its subdivisions, branches

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Land Titles and Deeds

or inhabitant thereof or for quasi-public uses or purposes Period of redemption under section 119: 5-year period for
when the public interest requires it. legal redemption starts from the date of the execution of the
deed of sale, and not from the date of registration in the office
of the ROD
Special Patent

Rule when the homestead is the subject of mortgage


Patent to grant, cede, and convey full ownership of
alienable and disposable lands formerly covered by a
reservation or lands of the public domain and is issued The redemption period should be reckoned from the
upon the promulgation of a special law or act of congress date of registration of the certificate of sale in the ROD
or by the secretary. concerned and not from the date of public auction.

The grant by law of a property for the full ownership of It begins not at the date of the sale but rather on the
the grantee while the classification of the land is not at all day after the expiration of the period of repurchase,
decisive on such description since the special law or act when the deed of absolute sale is executed and the
of congress or the executive order may classify the land property formally transferred to the purchaser.
differently.
Rule in case of mortgage to a rural bank
Vested Right some right or interest in property that has
become fixed and established, and is no longer open to
The mortgagor may redeem the property within two
doubt or controversy. Rights are vested when the right to
years from the date of foreclosure or from the
enjoyment, present or prospective, has become the
registration of COS. If the mortgagor fails to exercise
property of some person as present interest.
such right, he or his heirs may still repurchase the
property within 5 years from the expiration of the 2-year
The patent or grant shall not take effect as conveyance redemption period. If it is mortgaged other than rural
or bind the land but shall operate only as a contract banks, it may be purchased within 1 year from the
between the parties. It is the act of registration that registration of the COS. If he fails to do so, his heirs
conveys or affects the land, and bind third persons. may repurchase within 5 years from the expiration of
the redemption period.
Only the government may initiate an action for
cancellation of title and reversion. The Solicitor General Repurchase may be barred by laches. While the rule is
or the officer acting in his stead has the authority to that the right to repurchase may not be waived, a
institute the action on behalf of the republic for patentee or his heirs may however lose that right by
cancellation of title and for reversion of the land to the virtue of laches.
government.
a. Conduct in the part of defendant, or of one whom
Courts have jurisdiction over possessory actions he claims, giving rise to situation which cimplaint is
involving public lands. made and for which the complaint seeks a
remedy.
b. Delay in asserting the complainants right, the
It is a well-recognized principle that purely administrative
complainant having had knowledge or notice, of
and discretionary functions may not be interfered with by
the defendant conduct and having been afforded
the courts. Findings of facts by an administrative board
an opportunity to institute a suit.
or official, following a hearing, are binding upon the court
c. Lack of knowledge or notice on the part of the
and will not be disturbed except where a board or official
defendant that the complainant would assert the
has gone beyond his authority, exercised
right on which he bases his suit.
unconstitutionality powers, or clearly acted arbitrarily and
d. Injury or prejudice to the defendant in the event
without regard of his duty or with grave abuse of
relief is accorded to the complaint, or the suit is not
discretion.
held to be barred.

Prohibition against alienation of lands acquired under the


Rule of Pari Delicto not applicable
homestead and free patent provisions.

When the contract is merely prohibited and not illegal per


Land acquired under a homestead or fire patent not
se, the prohibition is designed for the protection of the
subject to alienation or encumbrance. It clearly
party seeking to recover, he is entitled to the relief prayed
proscribes the alienation or encumbrance of a parcel of
for whatever public policy is enhanced thereby. The
land acquired under a free patent or homestead within 5
prohibition to alienate is predicated on the fundamental
years from the grant of such patent. Such alienation or
policy of the state to preserve and keep in the family of
encumbrance would result in the cancellation of the grant
the homesteader that portion of public land which the
and reversion to land of public domain.
state has gratuitously given to him.

Homestead laws were designed to distribute disposable


agricultural lots of the state to land-destitute citizens for
their home and cultivation. The state prohibition the sale
or encumbrance of the homestead within five years after
the grant of the patent. After that five-year period the law
impliedly permits alienation of the homestead; and shall
be subject to repurchase by the homesteader, his widow
or heirs with 5 years.

Ratio:

To give the grantee every chance to preserve for


himself and his family the land that the state has
gratuitously given to him as rewards for his labor in
cleaning and cultivating it. To provide home and
decent living for destitutes, aimed at promoting a
class if independent small landholder, which is the
bulwark of peace and order.

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Land Titles and Deeds

Petitions and actions after original registration Section 110. Reconstitution of lost or destroyed original
of Torrens Title.

Reconstitution of a certificate of title denotes the


restoration in its original form and condition of a lost or
Section 107. Surrender of the withheld duplicate
destroyed original or transfer certificate of title on file in
certificate
the office of the ROD. The purpose of it is to have the
title reproduced in exactly the same wat it was at the time
Remedy where duplicate certificate is withheld. of its loss or destruction.

In case a person in possession of the owners duplicate a. The certificate is lost or destroyed
certificates refuses or fails to surrender the same the b. Documents are sufficient and proper to
ROD so that any voluntary or involuntary instrument may warrant reconstitution
be registered and a new certificate issued, the party in c. Petitioner is the registered owner
interest may file a petition in court to compel surrender of d. The description, area and boundaries are
the same to the ROD. The court after hearing, may order substantially the same.
the registered owner or any person withholding the
duplicate certificate to surrender the same, and direct the
Judicial Reconstitution
entry of a new certificate or memorandum upon such
order. If the person withholding the certificate is not
amenable to the process of the court, or if any reason the It is an action in rem, it is one directed not only against a
outstanding owners duplicate cannot be delivered, the particular person but against the thing itself. It is to bar
court may order the ANNULMENT of said certificate and indifferently all who might be minded to make any objection
the issuance of a new certificate of title in lieu thereof. against the right sought to be enforced or established, the
Such new certificate and all duplicate thereof shall judge therein is binding theoretically upon the whole world.
contain a memorandum of the annulment of the
outstanding duplicate
a. Published in the official Gazette
b. Posted in a conspicuous place
Section 108. Amendment and alteration of certificates. c. Mailed to every person names in the notice whose
address is known failure to comply such requirements
will nullify
A registered owner or any other person having an
interest in registered property may file with the proper
RTC a petition for amendment or alteration of a Administrative Reconstitution
certificate of title on any of the following grounds:
Administrative proceeding of lost or destroyed
a. Registered interest if any description has certificates of title may be availed only if case of
terminated ceased (vested, contingent, inchoate, substantial loss or deterioration of land titles due to fire,
expectant) flood, or other force majeure as determined by the
b. New interest not appearing have arisen or been administrator of the LRA and on the further condition
created that:
c. Any omission or error was made in entering a
certificate or an memorandum
a. The no. of certificates of title lost or
d. Same or any person on the certificate has been
damaged should at least be ten
changed
percent of total number in the
e. Registered owner has married (or terminated)
possession of ROD.
f. Corporation which owned the land has been
b. In no case shall be the number of
dissolve
certificated be less than 500.
g. Any other reasonable ground

Summary of principles in reconstitution proceedings.


If the petition is warranted, the court may order the entry
or cancellation of a certificate of title, the entry or
cancellation upon a certificate, or grant any other relief a. A Torrens title can be cancelled only in a
upon such terms and conditions. proceeding directly attacking the titles validity
before the proper RTC
b. A reconstitution of torrents title, cannot proceed
Section 109. Notice and replacement of lost or duplicate
once it is shown that another title has already been
certificate
issued to another person over the same property.
The existence of a prior title nullifies the
Notice and replacement of lost duplicate certificate. In case reconstitution proceedings.
of loss or theft of an owner's duplicate certificate of title, due c. The reconstituting officer has no jurisdiction to
notice under oath shall be sent by the owner or by someone decide the issue of ownership over the property or
in his behalf to the Register of Deeds of the province or city the validity of title, the purpose of it is to replace a
where the land lies as soon as the loss or theft is discovered. certificate that was lost or destroyed in the same
If a duplicate certificate is lost or destroyed, or cannot be legal status existed at the time of the loss or
produced by a person applying for the entry of a new destruction.
certificate to him or for the registration of any instrument, a d. The absence of any document, private or official,
sworn statement of the fact of such loss or destruction may does not warrant the granting of a petition for
be filed by the registered owner or other person in interest recantation
and registered. e. The absence of opposition from the government
agencies is of no controlling significance because
the state cannot be estopped by omission, mistake,
Upon the petition of the registered owner or other person in
or error of its officials or agents.
interest, the court may, after notice and due hearing, direct
the issuance of a new duplicate certificate, which shall
contain a memorandum of the fact that it is issued in place of .
the lost duplicate certificate, but shall in all respects be
entitled to like faith and credit as the original duplicate, and
shall thereafter be regarded as such for all purposes of this
decree.

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