LTD Procedure and Remedies

I. General Procedure and Requirements for original registration (All must be complied otherwise title issued is illegal and may be cancelled
by the courts.
A. Survey of the Lands by the Bureau of Lands a duly licensed geodetic engineer. (Must be approved by the Director of Lands)
B. Filing of application for registration by the applicant
- Application is endorsed to the MTC if there is no controversy over the land or its value is less than Php 100,000
-If the land is situated between boundaries of two provinces:
-If boundaries are defined- in the RTC of the province where it is declared for taxation purposes
-If boundaries are defined-separate surveys and filed in separate province.
C. Setting of the date of the initial hearing of the application by the court. It must not be earlier that 45 days nor later than 90
days from the date of the order.
D. Transmittal of the application and the date of initial hearing and the other documents/evidence to the LRA
E. Publication of a notice of the filing of application and date and place of the hearing in the Official Gazette
1. Published once in the OG and once in a newspaper of general circulation.
2. It must be made before the actual hearing otherwise court has no jurisdiction ver the property and the proceeding is void. If title is
subsequently issued, improper publication is a ground for Petition for Review of Decree.
F. Service of notice upon contagious owners, occupants and those known to have an interest in the property.
1. Modes of giving Notice: (Sec. 23 PD 1529)
a) Publication in OG and newspaper of general circulation.
b) Posting in a conspicuous place on the bulletin board of baranggay and OCC at least 14 days before the hearing.
c) Mailing by registered mail to the persons indicated.
G. Filing of Answer (or Opposition) to the application by any person whether named or not in the notice. (Sec. 25)
1. If no one appears move for General Default.
Just Remember that Default not declared against the state.

If someone appears default shall be declared as to the others who did not appear. (Sec. 26)

Effects of Default:
Applicant has the right to present evidence ex parte
As to the others they have no legal standing in court, they are entitled to further notices but not to participate.

Remedy against Default:

Before Judgment-Motion to set aside Default order on the ground of FAME and his meritorious claim.
After Judgment but before it becomes final and executory-Motion for New Trial (Ground FAME)/Appeal
If judgment has become final and executory - Petition for Relief (ground: FAME)
If the period for Petition for Relief has lapsed (6 months) and there is already a decree issued by the LRA-Petition to Reopen and
Review decree of registration (Sec. 32 PD 1529) Ground is Actual Fraud; must be filed before 1 year after entry of decree
If it has become indefeasible (after one year)
-Action for Reconveyance
-Damages-if transferred to a purchaser for value and good faith, file it against the person who perpetuated the fraud
-Claim against Assurance Fund
-Cancel or nullify title to land (public land or lack of jurisdiction)
H. Hearing of the case by the court
1. Judge may refer the case to a commissioner/referee for the reception of evidence. (Usually done if there is no opposition)

I. Promulgation of Judgment
-Partial Judgment may be granted when there is a portion which is not contested and that portion is shown in a subdivision plan duly
approved by the Director of Lands (Sec. 29) as to the contested portion trial continues.
-Order of dismissal without prejudice if there is insufficient evidence (Remedy: MR if not yet final and executory; Refile if final and
executory, no need for republication if there is no change in size of the land or change in size is minimal)

J. Issuance of the decree by the court declaring the decision final and instructing the LRA to issue a decree of
confirmation/registration
K. Entry of the decree of registration in the LRA. (Contents: Sec. 31)
1. Effects:
a) It binds the land and quiets title thereto subject to the exception as provided by law.
b) Take note of the deferred indefeasibility rule

L. Sending of copy of the decree to the corresponding Register of Deeds

M. Transcription of the decree of registration in the registration book and issuance of the owners duplicate original certificate of
title to the applicant by the Register of Deeds, upon payment of the prescribed fees.

(Discuss a little bit the procedure in Public Land Application)

II. Who may apply: (Sec. 14)

14 (1) Those who by themselves or their predecessors in interest have been in open, continuous, exclusive and notorious possession
and occupation of alienable and disposable lands of the public domain under a bona fide claim of ownership since June 12, 1945 or
earlier.

Open- When it is patent, visible, apparent, notorious and not clandestine

Continous- Uninterupted, unbroken and not intermittent or occasional
Exclusive- when the adverse possessor can show exclusive dominion over the land and an appropriation of it to his own use and benefit
Notorius- when it is so conspicuous that it is generally known and talked of by the public or the people in the neighbourhood. 1

Rep. vs. Naguiat G.R. No. 144057, January 17, 2005

1
Rep. vs. Eastsilverlane Realty GR. No. 186961, Feb. 20, 2012
Facts:

Naguit filed a petition for registration of title of a parcel of land situated in Aklan. The application seeks judicial confirmation of Naguits imperfect title
over the aforesaid land. The public prosecutor, appearing for the government, and Jose Angeles, representing the heirs of Rustico Angeles,
opposed the petition.

The subject parcel of land was originally declared for taxation purposes in the name of a certain Urbano in 1945. Urbano sold the land to Maming
sometime in 1955. Subsequently, Maming heirs sold the lot to Naguiat who started occupying the land openly and in the concept of owner without
any objection from any private person or even the government until she filed her application for registration.

Court rendered a decision ordering that the title thereto registered and confirmed in the name of Naguit. The RTC and CA affirmed the MCTC
decision.

ISSUE: WON it is necessary under Section 14(1) of the Property Registration Decree that the subject land be first classified as alienable and
disposable before the applicants possession under a bona fide claim of ownership could even start.

HELD: No. Section 14(1) merely requires the property sought to be registered as already alienable and disposable at the time the
application for registration of title is filed. If the State, at the time the application is made, has not yet deemed it proper to release the property
for alienation or disposition, the presumption is that the government is still reserving the right to utilize the property; hence, the need to preserve its
ownership in the State irrespective of the length of adverse possession even if in good faith. However, if the property has already been classified as
alienable and disposable, as it is in this case, then there is already an intention on the part of the State to abdicate its exclusive prerogative over the
property.

Notably, possession since 1945 was established through proof of the existence of 50 to 60-year old trees at the time Naguit purchased the property
as well as tax declarations executed by Urbano in 1945. Although tax declarations and realty tax payment of property are not conclusive
evidence of ownership, nevertheless, they are good indicia of the possession in the concept of owner for no one in his right mind would
be paying taxes for a property that is not in his actual or at least constructive possession. They constitute at least proof that the holder has a
claim of title over the property. Such an act strengthens ones bona fide claim of acquisition of ownership. Considering that the possession of the
subject parcel of land by the respondent can be traced back to that of her predecessors-in-interest which commenced since 1945 or for almost fifty
(50) years, it is without doubt that she has acquired title thereto which may be properly brought under the operation of the Torrens system. That she
has been in possession of the land in the concept of an owner, open, continuous, peaceful and without any opposition from any private person and
the government itself makes her right thereto undoubtedly settled and deserving of protection under the law.

14(2) Those who have acquired ownership of private land through prescription

You have to relate this with Article 1137 of the Civil Code which provides that ownership and other real rights over immovables also prescribe
through uninterrupted adverse possession thereof for thirty years, without need of title or of good faith. It must be noted that while Article 1137 of
the Civil Code speaks of ownership and other real rights over immovables, Section 14(2) of P.D. 1529 relates to the acquisition of ownership of
private lands by prescription under existing laws.

Therefore, it is not ownership of any kind of immovable acquired by prescription that may be registered under said Decree, but only the
ownership of private lands. An example would be those lands registered under the Spanish Mortgage Law which are not yet covered by a
certificate of title by the time of the issuance of P.D. 1529 on June 11, 1978 and considered as unregistered land. Those lands may be deemed as
falling under Section 14(2) of P.D. 1529 in relation to Article 1137 of the Civil Code, when acquired by a person by prescription by adverse
possession against the original grantee.

In the computation of the 30-year period, Article 1138 of the Civil Code also provides the following rules:

(a) The present possessor may complete the period by tacking his possession to that of his grantor or predecessor-in-interest; (tacking of
possession)

(b) The present possessor who was also the possessor at a previous time, is presumed to have continued to be in possession during the
intervening time in the absence of proof to the contrary; and (presumption of possession)

(c) The first day shall be excluded and the last day included.

14(3) Accession or Accretion

Article 457 of the Civil Code provides that to the owners of lands adjoining the banks of rivers belong the accretion which they gradually receive
from the effects of the currents of the waters.

For accretion or alluvion to be registrable, the following requisites of Article 457 must be all present: (1) that the deposit be gradual and
imperceptible (sudden and forceful action like that of flooding not included); (2) that it be made through the effects of the current of the water
(not man made); (3) that the land where accretion takes place is adjacent to the banks of rivers.

But Take Note:

An accretion from river to registered land does not automatically become registered land. As such it must be placed under the
operations of the Torrens system. A petition then for registration of the accretion is in effect a request for confirmation of title already vested in the
riparian owner by the law.

14(4) Those who have acquired ownership of land in any other matter provided by law. Ex. Will, Sale etc.

A. Person/s claiming singly or collectively, to own the legal estate in fee simple

Ownership of a particular parcel of land may rest singly in one person or collectively in two or more persons. If singly, there may not be any
problem; but if collectively, the difficulty may arise when joining them together for the purpose of filing a joint application. A parcel of land jointly
owned by two or more individuals cannot be object of partial registration with respect to one co-owner, to the exclusion of the others. So
then, if the co-owners cannot come together for one reason or another, the remedy is to split the land by subdivision, assigning to each of them his
corresponding share. This done, anyone of them may file a separate application for registration. Thus, where applicants own merely an
undivided share less than fee simple in the land described in the application, the application should be dismissed without prejudice to
the right of the various owners of the undivided interests in the land jointly to present a new application for registration. (Santiago vs.
Cruz 19 Phil 145)

B. The Person/s claiming, singly or collectively, to have the power of disposing the legal estate in fee simple

Refers to persons who are authorized to act jointly or severally for and in behalf of a principal. (Agents or Trustors) but his power of attorney
must be attached to the application.

C. Minors or persons with disability , through their legally appointed Guardians, but the person in whose behalf the application is made
must be named as the applicant by the Guardian.

The guardian referred to above is the one appointed by the court for the estate of the minor or incompetent pursuant to the provisions of Rule
93 of the Rules of Court.

It is to be noted, however, that under the provisions of Articles 320 and 326 of the new Civil Code the father, or in his absence the mother, is the
legal administrator of the property pertaining to the child under parental authority, and considered also as the guardian of the childs property,
subject to the duties and obligations of guardians under the Rules of Court. In view of such legal innovation, it is submitted that an administrator
designated by law for the property of a minor child may, without being judicially appointed as a guardian, apply for registration in behalf
of his ward.

D. Corporation, through an officer authorized by the vote of its board of directors

There must be a Board Resolution to the effect that the Officer is authorized to file the application.

Note that: Under the Constitution of the Philippines, no private lands may be owned by a corporation or association by transfer or assignment,
unless at least sixty percent of its capital belongs to Filipinos. Neither may a corporation be permitted to hold or own real estate except such as may
be reasonably necessary to enable it to carry out the purposes for which it is created; and, if authorized to engage in agriculture, such corporation is
restricted to the ownership and control of not to exceed 1,0234 hectares of land.

E. Corporation Sole may purchase and hold real estate

Corporation Sole A corporation sole is a special form of corporation usually associated with the clergy. It was designed to facilitate the
exercise of the functions of ownership carried on by the clerics for and on behalf of the church which was regarded as the property
owner. In the Philippine this is embodied in the provisions of Sections 154 and 155 of the Corporation Code.

A trustee on behalf of his principal may apply for original registration of any land held in trust by him. A corporation sole is organized and composed
of a single individual, the head of any religious society or church, for the administration of the temporalities of its incorporation, is vested with the
right to purchase and hold real estate and personal property. It need not therefore be treated as an ordinary private corporation because whether or
not it be so treated such, the Constitutional provision prohibiting private corporations from acquiring public agricultural lands will not apply. (Republic
vs. IAC G.R. No. 75042, November 29, 1988)

A corporation sole or ordinary is not the owner of the properties that he may acquire but merely the administrator thereof and holds the same in
trust for the faithful or members of the society or church for which the corporation is organized. Properties acquired by the incumbent pass,
by operation of law, upon his death not to his personal heirs but to his successor in office. (Roman Catholic Apostolic Administrator of Davao, Inc.
vs. LRC G.R. No. L-8451, December 20, 1957)

F. An executor or an administrator appointed under the laws of the Philippines on behalf of the estate of the deceased

But take note of the case of Dais vs. CFI of Capiz where it was held that notwithstanding the appointment of a judicial administrator, the heirs have
a right to intervene when they believe the administrators acts are prejudicial to their interests: and it cannot be said that the administrator answers
with his bond for any damage he may cause to the interests of the estate, since such bond might not be sufficient to cover said damages.
G. Tenant, Mortgagor, Seller in pacto de retro under certain conditions.

Tenant A tenant is one who holds or possesses lands or tenements by any kind of title, either in fee, for life, for years, or at will. In a
popular sense, he is one who has the temporary use and occupation of lands or tenements which belong to another, the duration and other terms of
whose occupation are usually defined by an agreement called lease, while the parties thereto are placed in the relation of landlord and tenant.

When one or more tenants for a term of years file an application, the legal requirement is that they must be joined by those claiming reversionary
interest in the property which makes up the fee simple at common law, and, if such tenants own undivided shares less than a fee simple in the
whole land, they cannot apply without joining the other tenants owning the rest of the undivided shares so that the whole fee shall be represented in
the proceeding.

Mortgagor In case of an owner who had previously mortgaged his property, he cannot apply for registration of his title without the written consent
of the mortgagee. In case the mortgagee refuses to give his consent, the application may be allowed provided that the title be made
subject to such mortgage, which shall be specified in the decree of registration.

Vendor a Retro With respect to the right of the vendor in a sale under pacto de retro to apply for registration, it was held that he may apply for the
registration of his right over the property sold; but, for this purpose, he must previously obtain the written consent of the purchaser, and
if the latter refuses to give it, he must set forth in his application the sale with right of repurchase, in order that the same may likewise be
recorded in the decree of registration.

Who may not apply:

1.Public Land Applicant with respect to the land covered by his application.
Why?
By applying for the land he acknowledged that he is not the owner of the land and it is Public land owned by the state. (Palawan Agricultural and
Industrial Co. vs. Director of Lands, G.R. No. L-25914, March 21, 1972)

2. Antichretic Creditor (Ramirez vs. CA, G.R. No. 117247, April 12, 1996)
Why?
His possession is not in the concept of an owner, he is merely a pledgee to the property. His right is merely to apply the fruits of the land to the
interest and then to the principal amount of the loan.

3. Mortgagee (Reyes vs. Sierra, G.R. No. L-28658, October 18, 1979)
Why?
It is Pactum Commisorium which is against public policy.

4. A person whose claim of ownership has been previously denied in a reinvindicatory action (Kidpalos vs. Baguio Mining Gr No. L-19940,
August 14, 1965)

III. Subsequent Registration

1. Meaning
It takes place when a deed or instrument affecting land is made of public record after the date of its original registration. Thus,
the registration of a sale, mortgage, lease, attachment, notice of levy or other encumbrances falls within the purview of subsequent registration.

2. Kinds
a. Voluntary
Contracts or agreements which are wilfully executed by the land owner or his duly authorized representatives. Ex. Sale, Lease, Mortgage,
Donation, Exchanges, Trust or variations thereof affecting real estate.
b. Involuntary
Those executed against the will or without the consent of the landowner such as attachments, levy on execution, adverse claims, lis
penden and other liens.

3. Registration of Voluntary Dealings and Transactions in land

 A. Compliance with the essential requisites of a contract

Consent - meeting of the minds;

Object Certain - subject of the contract; within the commerce of man and lawful; and

Cause - consideration; prestation, services, benefits, pure beneficence or liberality.

B.Observance of the Formal requirements of a public instrument

When the law requires that some contracts be in some form in order for it to be valid or enforceable, i.e. must be in writing (agreements in marriage,
lease of more than one year, agency to sell real property, donations inter-vivos, etc.)

The contract must be executed in the form of a public instrument;

Signed by the person/s executing the same;

In the presence of two witnesses who shall likewise sign and acknowledge to be their free act and deed of the parties;

Before a notary public or other public officer authorized by law to take acknowledgement. Documents executed in a foreign country should be
acknowledged before a Philippine diplomatic or consular official. If acknowledged before a foreign notary public, it should be authenticated by the
Philippine diplomatic or consular official before it can be registered.

All pages of the deed must be signed.

The documents presented shall contain the full name, nationality, residence and postal address of the grantee or other person acquiring or claiming
interest; and

Must state marital status and name of wife/husband if married.

C. Submission of supporting documents for certain transactions before registration as provided by special laws

Certified true copy of the Tax Declaration in transaction involving transfer of ownership;

Certificate Authorizing Registration (CAR) or Certificate of Exemption from the BIR in case of sale, exchange or other disposition of real property;

Certification from the BIR that the documentary stamp tax has been paid;

Certification from the LGU Treasurer that the property is not delinquent in the payment of real estate taxes in case of alienation, transfer or
encumbrance of real property (Sec. 209, RA 7160, LGC1991);

Certification for the LGU Treasurer that the land transfer tax due on the transaction has been paid in case of sale, donation, barter or any other
mode of transferring ownership or title of real property (Sec. 135, LGC 1991);

Clearance from Department of Agrarian Reform and Affidavit of Total Landholdings by the vendee in case of sale of agricultural lands;

An Order fro the DAR Regional Director approving the sale in case the property sold is covered by an Emancipation Patent;

Duly approved subdivision plan and its corresponding Technical Description where the property to be titled by virtue of the transaction is a resulting
lot of a subdivision;

Special Power of Attorney - if the transaction is through an agent;

Court Order - if made through a guardians or administrators; and

For Corporations - Secretary Certificate or a copy of the Board Resolution authorizing the transaction (sale, purchase, exchange) designating the
officer authorize to sign the deed.

D. Performance of the jurisdictional requisites for registration

a. Entry of the document in the primary entry book;

b. Payment of entry and registration fees; and

c. Production of the owners duplicate of title

4. Procedure in Voluntary Transactions

1.Entry of the document in the primary entry or day book, accompanied by all supporting documents applicable to the transaction; All
supporting documents applicable to the transaction should also be submitted together with the basic instruments.

Section 56 of PD 1529 require each register of deeds to keep a primary entry book where all instruments relating to registered land shall be entered
in the order of their reception. Entry in the day book is the preliminary step in registration. The annotation of memorandum or the issuance
of a new certificate of title is the final step to accomplish registration. While the preliminary step and the final step may not be accomplished in
the same day, this however, is of no consequence because if actual registration is accomplished its effect retroacts to the date of entry in the day
book. Thus, it has been held that when a sale is registered in the name of the purchaser registration takes effect on the date when the deed was
noted in the entry book and not when final registration was accomplished.
To be noted in this book is the date, hour and minute of reception of all instrument in the order they were received.

2. Payment of the entry and registration fee - Upon entry of the document, the corresponding entry and registration fees should be paid. In
default of payment, the entry in the primary entry book will ipso fact become null and void.

3. Surrender of the owners duplicate certificate and all co-owners duplicate if any had been issued.

No voluntary instrument shall be registered by the registry of deeds, unless the owners duplicate certificate is presented with such instruments,

Exception in cases expressly provided for in PD 1529 or upon order of the court, for cause shown.

If co-owners duplicate certificates has been issued, all outstanding certificates so issued shall be surrendered whenever the register of deeds shall
register any subsequent voluntary transaction affecting the whole land or part thereof or any interest therein

4. Examination of the document, certificate of title and supporting papers by the deeds examiner.

Registrability of an instrument is initially determined by the deeds examiner of the registry. If the document is found to comply with all requirements
the examiner recommends its registration to the register of deeds. Otherwise, he recommends denial of registration.

The deeds examiner, on his own, is generally not allowed to register or deny registration.

5. Review by the Register of Deeds of the action taken by the deeds examiner.

The authority to register or deny registration being lodge with the register of deeds, he is required to review the action taken by the deeds examiner.

He may either adopt, alter, modify or reverse such action depending upon his own appraisal of registrability of the instrument filed for registration.

6. Registration of the document or denial of registration by the register of deeds.

If the register of deeds finds that the document presented complies with all the requisites for registration, it is his duty to immediately register the
same.

If the instrument is not registrable, he shall forthwith deny registration thereof and inform the presentor of such denial in writing, stating the ground
or reason therefor, and advising him of his right to appeal by consulta in accordance with Section 117 of P.D. 1529
Where the documents conveys the simple title, such as in sales, donations, barter and other conveyances, the register of deeds shall
make out in the registration book a new certificate of title to the grantee and shall prepared and deliver to him as owner an owners
certificate, noting the original and owners duplicate certificate the date of transfer, the volume and page of the registration book in which the new
certificate is registered and a reference by number to the last preceding certificate. The original and owners duplicate of the grantors certificate
shall be stamped cancelled.

In case the instrument does not divest the ownership or title from the owner or from the transferee of the registered owner, no new
certificate of title shall be issued. The instrument creating such interests less than ownership shall be registered by a brief memorandum
thereof made by the register of deeds upon the certificate of title and signed by him. The cancellation or extinguishment of such interests
shall be registered by a brief memorandum thereof made the the register of deeds upon the certificate of the title and signed by him. The
cancellation or extinguishment of such interests shall be registered in the same manner. In case the conveyance affects only a portion of
the land described in the certificate of title, no new certificate shall also be issued until a plan of the land showing all the portions or lots
into which it has been subdivided and the corresponding technical descriptions shall have been verified and approve. The instrument shall
only be registered by annotation on the grantors title and its owners duplicate. Pending approval of the plan, no further registration or
annotation of any subsequent deed or other voluntary instrument involving the unsegregated portion conveyed shall be affected, except where such
unsegregated portion was purchase from the government or any of its instrumentalities.

Should there be subsisting encumbrance or annotation on the grantors title, they shall be carried over and stated in the new certificate
of title except so far as they may be simultaneously released or discharged.

5. Procedure in involuntary Transactions

Examples of Involuntary Transactions

a.Attachment and Execution

A juridical institution which has for its purpose to secure the outcome of the trial; the chief purpose is to secure a contingent lien on defendants
property until plaintiff can, by appropriate proceedings, obtain a judgment and have a property applied to its satisfaction or to make some provision
for unsecured debts in case where the means of satisfaction thereof are liable to be removed beyond the jurisdiction or improperly disposed of or
concealed or otherwise placed beyond he reach of creditors.

b.Preliminary Attachment - issued at the institution or the during the progress of an action commanding the sheriff or other proper officer to attach
property rights, credits or effects of defendant to satisfy the demand of plaintiff; remember that it is an auxiliary remedy and cannot have an
independent existence apart form the main claim.

Grounds for preliminary attachment: Rule 57 Sec. Par. 3

c.Garnishment - attachment for credits belonging to the judgement debtor and owing to him from a stranger to the litigation; does not
usually involve actual seizure of the property;

d.Levy on execution - is the attachment issued to enforce the writ of execution of a judgment which has become final and executory.

Registration of Attachments and Execution

Statutory Provisions - Section 69 of PD 1529 and Section 7, Rule 57 of the Rules of Court

Documents to be Registered

Writ of Attachment or Execution;

Notice of Attachment or levy on the execution; and

Description of the Property;

Forms and Contents

The Notice of Attachment or levy on execution should contain a reference to the number of the Certificate of Title, the volume and page of the
registration book where the certificate is registered and the name of the registered owner; not applicable in case of unregistered land.

If the attachment is not claimed on all the land, a description sufficiently accurate for the identification of the land or interest must be made

Registration Procedure

1.Entry in the Day Book or Primary Entry Book;

2.Payment of entry and registration fee;

3.A memorandum of the attachment shall be made on the Original of the Certificate of Title;

4.Indexing - the Register of deeds shall index attachments in the name of the applicant, the adverse party, and the person by whom the property is
held or in whose name it stands in the records.

Effects of Registration

Notice of the attachment is a notice that the property is taken in the custody of the law as security for the satisfaction of any judgement;

Title still be subject to subsequent transaction but subject to the attachment lien
6. Actions after Original Registration

A. Reconveyance

Action for Reconveyance

Nature of Reconveyance: A legal and equitable remedy granted to the rightful land owner of land which has been wrongfully or erroneously
registered in the name of another for purpose of compelling the latter to transfer or reconvey the land to him.

Take Note: It may be filed even after the lapse of one year from the entry of the decree of registration as long as the property has not
been conveyed to an innocent purchaser for value.

It does not aim to reopen the registration proceedings and set aside the decree of registration, its purpose is to show that the person who
secured the registration thereof is not the real owner thereof. It respect the decree as incontrovertible but it seeks to transfer or reconvey the
land from the registered owner to the rightful owner. (Esconde vs. Barlongay, G.R. No. L-67583, July 31, 2016)

A person who has been wrongfully or fraudulently deprived of his real property or interest therein may file an action for reconveyance of said
property against the person who perpetuated the fraud.

Instances/Grounds: mistake, fraud, forgery, breach of trust, misrepresentation, illegality, lack of marital consent, erroneous inclusion of
the land, registration in bad faith, double titles, double sales, exclusion of co-heirs, expanded areas, equity, re issuable contracts,
voidable contracts, up enforceable contracts, void and in existent contracts.

Effect - it operates as an implied trust under Article 1456 of the Civil Code. Thus, it must be enforced within 10 years from the time the adverse
title was set up since an action to enforce an implied trust is an action based upon an obligation created by law. (Villagonzago vs IAC, GR No.
71110 November 22, 1988)

Prescription of Action for Reconveyance

Grounds Prescriptive Period

Fraud 10 years from the discovery of the Fraud (from the issuance of the
OCT) Caro vs. CA Gr No. 76148, Dec. 20, 1989; Leyson vs.
Bontuyan GR. No. 156357, Feb. 18, 2005; Casipit vs. CA, Gr. No.
96829, December 9, 1991

Implied or Constructive Trust (Villagonzalo Case)
10 years from the date of issuance of the OCT or TCT, but it does
not apply when the person seeking to enforce the trust is in
possession because he is in effect asking to remove cloud or quiet
title thereto which is imprescriptible. (Villagonzalo vs. IAC, GR No.
71110, Nov. 22, 1988; Amerol vs. Bagumbaran, GR No. L-33261,
September 30, 1987)

Express Trust Imprescriptible

Void Contract Imprescriptible (Solid State Multi-Products Corp. v. CA GR No.

8338, May 6, 1991)
 Fictitious Deed Imprescriptible (Lacsamana vs. CA, GR No. 121658, March 27,
1988)

A. Amendment of Title (Sec. 108)

Rule: RD has no authority to make changes to a certificate except upon orders of the court.

Grounds for Amendment:

1. Registered interest of any description whether vested, inchoate, expectant, which appears on the title has seized or terminated.
2. New interest not appearing on the title has arisen.
3. Error/Omission was made on the certificate or memorandum thereon or in its duplicate, or the name of any person has changed.
4. Registered owner has married or marriage dissolved and no rights or interests of heirs or creditors will be affected.
5. The corporation which registered the land has been dissolved and the land has not yet been conveyed within 3 years after its dissolution.
6. Other reasonable grounds.

Court Action:
1. Order the entry or cancellation of a new certificate.
2. Order the entry or cancellation of a memorandum thereon.
3. Other reliefs, with bond if necessary.

B. Reissuance of lost owners duplicate title (Sec. 109)

(Bilog terms it as Reconstitution)

Where filed: RTC where the land is situated

Purpose of the Petition: To have the same reproduced in the same form they where when they were lost or destroyed.

Publication is not required under the law (Sec. 109) and Gocheco vs. Estacio 6 SCRA 278 but in practice the court requires publication
Neither is notice to Solgen required not like in original and cadastral registration. Again in practice play safe and courts and nagsesend pa din sila.

C. Reconstitution of lost original title (Sec. 110)

Purpose: To have the title reproduced after proper proceedings in the same form they were when the loss or destruction occurred. (Sera Serra vs.
CA 195 SCRA 482)

General Rule: Judicial Reconstitution (Use R.A. 26)

Exception: Administrative Reconstitution (Sec. 110 PD 1529) as amended by RA 6732 where the LRA, upon the petition of the registered owner
and other interested parties to reconstitute the lost or destroyed OCT by means of administrative reconstitution only in case of substantial loss or
destruction of land titles due to fire, flood or other force majeure to be determined by the Administrator of the LRA, provided that the
number of certificates of titles lost or damaged is at least 10% of the total in possession of the RD and provided further that the lost or
destroyed certificate of titles are atleast 500 pieces.

Judicial Reconstitution (R.A. 26)

Where filed: RTC of the place where the land is located

Publication: Publication of Notice of the initial hearing twice in OG, Posting in municipal building at least 30 days before the hearing and Mailing
to person named or who has interest.

What do you prove: Petitioner is the registered owner or has interest therein, the title was in force at the time of the loss/damage and the
description, area and boundaries of the property is substantially the same as that contained in the lost/damaged title. (sec. 15 RA 26)

Sources: Sec. 2 R.A. 26 OCT shall be reconstituted from the following sources, in the following order:
(a) The owner's duplicate of the certificate of title; (Admin)
(b) The co-owner's, mortgagee's, or lessee's duplicate of the certificate of title; (Admin)
(c) A certified copy of the certificate of title, previously issued by the register of deeds or by a legal custodian thereof; (Judicial)
(d) An authenticated copy of the decree of registration or patent, as the case may be, pursuant to which the original certificate of title was issued;
(Judicial)
(e) A document, on file in the registry of deeds, by which the property, the description of which is given in said document, is mortgaged, leased or
encumbered, or an authenticated copy of said document showing that its original had been registered; (Judicial) and
(f) Any other document which, in the judgment of the court, is sufficient and proper basis for reconstituting the lost or destroyed certificate of title.
(Judicial)

Sec. 3 R.A. 26 TCT shall be reconstituted from such of the sources hereunder enumerated as may be available, in the following order:
(a) The owner's duplicate of the certificate of title; (Admin)
(b) The co-owner's, mortgagee's, or lessee's duplicate of the certificate of title; (Admin)
(c) A certified copy of the certificate of title, previously issued by the register of deeds or by a legal custodian thereof; (Judicial)
(d) The deed of transfer or other document, on file in the registry of deeds, containing the description of the property, or an authenticated copy
thereof, showing that its original had been registered, and pursuant to which the lost or destroyed transfer certificate of title was issued; (Judicial)
(e) A document, on file in the registry of deeds, by which the property, the description of which is given in said document, is mortgaged, leased or
encumbered, or an authenticated copy of said document showing that its original had been registered; (Judicial) and
(f) Any other document which, in the judgment of the court, is sufficient and proper basis for reconstituting the lost or destroyed certificate of title.
(Judicial)
Sec. 4 R.A. 26 Liens and other encumbrances affecting a destroyed or lost certificate of title shall be reconstituted from such of the sources
hereunder enumerated as may be available, in the following order:
(a) Annotations or memoranda appearing on the owner's co-owner's mortgagee's or lessee's duplicate; (admin)
(b) Registered documents on file in the registry of deeds, or authenticated copies thereof showing that the originals thereof had been registered;
(Judicial) and
(c) Any other document which, in the judgment of the court, is sufficient and proper basis for reconstituting the liens or encumbrances affecting the
property covered by the lost or destroyed certificate of title. (Judicial)

Administrative Reconstitution

Sec. 2 RA 6732 apply this if for single titles

Petitions for Reconstitution from sources from 2(a) (Owners Duplicate) and 2(B) (Co-Owners, Mortgagee, Lessees Duplicate Certificate) in case of
OCT and from sources from 3(a) (Owners Duplicate) and 3(B) (Co-Owners, Mortgagee, Lessees Duplicate Certificate) in case of TCT may file the
petition with the RD together with an affidavit stating that:

1. No Deed or other instrument is presented for registration or if there be any the status of the case.
2. The owners duplicate/co-owners duplicate is in due form without any apparent or intentional alteration.
3. The Certificate of title is not the subject of any litigation/investigation regarding genuineness or due execution of the issuance.
4. The Certificate of Title was in full force and effect at the time it was lost or destroyed.
5. The Certificate of Title is covered by a tax declaration regularly issued by the assessor
6. The Real Estate Tax have been fully paid up to at least 2 years prior to the filing of the petition for reconstitution.

Otherwise file with the LRA, upon the petition of the registered owner and other interested parties to reconstitute the lost or destroyed OCT by
means of administrative reconstitution only in case of substantial loss or destruction of land titles due to fire, flood or other force majeure to
be determined by the Administrator of the LRA, provided that the number of certificates of titles lost or damaged is at least 10% of the total
in possession of the RD and provided further that the lost or destroyed certificate of titles are atleast 500 pieces.

Sec. 18 and 19 RA 26 If old title was found after the granting of the reconstitution:
1. Both titles in the same name, the old title prevails and the annotations made in the reconstituted title shall be cancelled. (Sec. 18)
2. If not in the same name, refer back to court for cancellation. (Sec. 19)

D. Adverse Claims (Sec. 70)

Notice of any claim adverse to that of the registered owner, the validity of which is yet to be established in court at some future date. The claim must
affect the title or be adverse to the title of the registered owner.

Purpose of Registration:
1. To give notice to third parties that someone is claiming an interest on the property. (Sajonas vs. CA 258 SCRA 79)
2. To protect the interest of a person over a piece of land when registration of such interest is not provided by the land registration act. (Sajonas
vs. CA)
3. To preserve the right of an adverse claimant during the pendency of the controversy. (Arrazola vs. Bernas 86 SCRA 279)
4. To give notice that any transaction covering the land is subject to the outcome of the dispute. (Arrazola vs. Bernas)

Examples of Adverse Claims:

1. Deed of Sale but Owners Duplicate is not presented. (Junio vs. Delos Santos 132 SCRA 209)
2. Contract of Lease but Owners Duplicate is not presented. (Arrazola vs. Bernas)
3. Claims of Heirs pending probate. (Arrazola vs. Bernas)
4. Affidavit of Adjudication as Sole Heir. (Vda. de Pama vs. Pama 124 SCRA 377)

Samples of Denied Adverse Claims:

1. Failure to comply with the formal requisites such as failure to state where their claim was coming from. (Lozano vs. Ballesteros 195 SCRA
681)
2. Claim prior to the original registration of land. (Delos Reyes vs. Delos Reyes (91 Phil 528)
3. Claim is a mere money claim. (Sanchez Jr. vs. CA)

A notice of adverse claim remains subsisting even beyond the 30 day period provided by Sec. 70, a cancellation is still necessary to make it
ineffective. (Sajonas vs. CA)

Its automatic cancellation by the RD is ineffective (Diaz-Duarte vs. Ong 298 SCRA 388)

Whether or not the adverse claim is frivolous or not is for the court to determine not the LRA. (Gabriel vs. RD of Rizal 9 SCRA 136)

E. Lis Pendens (Sec. 76) (Sec. 113 Unregistered lands)

Requisite: An action affecting title to land or the right to possession thereof must already have been filed in court. (Action in personam ex.
collection, etc. is not proper for lis pendens, only actions which binds the land.)

It must be registered otherwise it shall not be binding on third persons.

Similarity with Adverse Claim: Both are intended to protect the rights of the claimant, to give notice and caution to those dealing with the property
that it is subject to a claim. And any buyer cannot invoke that he is a buyer in good faith.

Difference from adverse claim: Lis pendens may be cancelled even before the termination of the case (ex. prolonged proceedings, or the plaintiff
has no evidence to support the allegations in the complaint). An adverse claim may be cancelled only after the termination of the case. An adverse
claim is more permanent and cancelled only after hearing and proper disposition of the claim. Also, an adverse claim may be filed before the
institution of a court action.

When registered: upon its entry in the primary registry book or day book.
Effects when registered: It is a notice to all persons, no purchaser may claim to be a purchaser in good faith and he steps into the shoes of his
transferor pending the outcome of the action. It also binds third person relying thereto.

Effects if not registered: Innocent purchaser for value is protected and consequently he acquires clean and valid title to the property. (AFP Mutual
Benefits Assoc. vs. CA 327 SCRA 203)

Cancellation: (Sec. 14 Rule 13 Rules of Court) Through Motion with notice and hearing.

Grounds for cancellation:

1. The annotation was for molesting the title of the adverse party. (Romero vs. G.R. No. 142406 May 16, 2005) (Sec. 14 Rule 13 Rules of
Court)
2. The annotation is not necessary to protect the rights, interest or title of the party who caused the annotation. (Tan vs. Lantin G.R. No. L-
28526 142 SCRA 423) (Sec. 14 Rule 13 Rules of Court)
3. Peculiar circumstances: Unnecessary Delay in the trial (Baranda vs. Gustillo 165 SCRA 757)
4. Peculiar circumstances: evidence presented does not bear out the main allegations of the complaint. (Baranda vs. Gustillo 165 SCRA 757)
5. Final Judgment dismissing the case which is the basis of the lis pendens. (Fernandez vs. CA. 343 SCRA 184)

F. Consulta (Sec. 117)

It is an appeal by an interested party from an order denying registration by the RD to the Administrator of the LRA, or whenever the RD is in doubt
as to a proper step to be taken whenever a document is presented to him for registration.
Procedure: RD denies, notifies party of denial and reason and informs party that he may elevate the matter to LRA, annotate it in title (cancelled by
RD moto proprio after resolution and finality of appeal)

Remedy after appeal to LRA: Appeal to CA.

Take note that a consulate is not a notice to third person that someone is claiming an interest against the registered owner. It is a mere statement of
an appeal to the LRA. If the question is with regard to the issuance of a decree the RD must refer it back to court and not the LRA.

G. Action against the Assurance Fund (Sec. 93)

Action for damages first, if defendant is insolvent an action against the national treasurer may be filed for recovery of damages against the
Assurance Fund. (Eduarte vs. CA 253 SCRA 391)

Damages: Person who actually caused the loss (private individuals only)
Assurance Fund: RD, Treasurer and that private person

Who may bring action?

Registered owner, innocent purchaser for value

Elements:
1. No negligence on his part
2. He suffered losses as a consequence of bringing the land under the operation of the Torrens System or arising after original registration of
land through Fraud or Error, Omission, Mistake or Misdescription in any certificate of title.
3. He is barred or otherwise precluded by any law from bringing an action to recover such land or interest therein.

Satisfaction of Judgment:
1. Private Person
2. Assurance Fund
3. National Treasury

After payment the government shall be subrogated to the right of the plaintiff.

Action must be filed within six years from the time the right to bring action occurs i.e from the time of loss

H. Splitting or Consolidation of Title (Sec. 49)

A Registered Owner of distinct parcels of Land covered by one certificate of title may request the RD to issue separate certificates covering each
distinct parcels.

or

A Registered owner of several distinct parcels of land covered by separate certificates may also request in writing for a certificate for the whole land.

Owners Duplicate must be surrendered for cancellation.

Filed with the RD.

I. Subdivision and Consolidation Plans (Sec. 50)

Land must not fall under the definition of a subdivision project under PD 957 (for residential purposes and offered to the public for sale in cash or on
instalment terms)

Registered owner must submit the following:

1. Subdivision Plan of the land approved by the LMB.
2. Approved Technical description and
3. Owners Duplicate Certificate of Title
If only a portion of the land is conveyed the RD shall not issue a new certificate unless a plan into which the land has been subdivided is also
submitted. In the meantime, the Deed of Conveyance shall be annotated in the title to serve notice that a portion has already been conveyed.

J. Reversion - restoration of public land fraudulently awarded or disposed of to the mass of the public domain

Section 101 of the Public Land Act in relation to Section 35, Chapter XII, Title III of the Administrative Code of 1987 (EO No. 292);

Action for reversion is instituted by the Solicitor General.

Action is imprescriptible

Grounds:

Violation of the Constitution, disposition of inalienable land

Falsehood in the application for a patent

Section 91 of the PLA

Director of Lands may investigate even if the patent is already registered and indefeasible (Republic v. De Guzman, 326 SCRA 267)

J. Foreign Ownership

In general- only Filipino citizens may own land in the Philippines except if the acquisition of the land was through hereditary
succession. This is a constitutional restriction that was placed under the 1935 Constitution. However, property rights of American citizens
existing prior to the 1935 Constitution are respected. The provisions was modified in the 1987 Constitution to exempt natural-born citizens who
had lost his citizenship subject to certain conditions. The 1973 Constitution did not explicitly allows former natural born citizens to own land,
nonetheless, Batas Pambansa Bilang 185 allows concession to former Filipinos under the general power of the Prime Minister under Section
15 of Article XIII. The present Constitution only allows two exception to the prohibition against foreign ownership: (1) hereditary
succession; and (2) former natural born-citizens. However, property rights of alien prior to the 1936 Constitution and the special privileges
given to American citizens granted by the 1936 Constitution are respected.

Two (2) laws were enacted to implement the rules regarding exceptions of former natural born citizens to own land.

Batas Pambansa Bilang 185 on residential lands

Sec. 2. Any natural-born citizen of the Philippines who has lost his Philippine citizenship and who has the legal capacity to enter into a
contract under Philippine laws may be a transferee of a private land up to a maximum area of one thousand square meters, in the case of
urban land, or one hectare in the case of rural land, to be used by him as his residence. In the case of married couples, one of them may
avail of the privilege herein granted; Provided, That if both shall avail of the same, the total area acquired shall not exceed the maximum
herein fixed.

In case the transferee already owns urban or rural lands for residential purposes, he shall still be entitled to be a transferee of additional
urban or rural lands for residential purposes which, when added to those already owned by him, shall not exceed the maximum areas
herein authorized.

and

Republic Act No. 8179 on commercial and industrial lands, amending certain provisions of the Foreign Investment Act of 1991.
(Sec. 9 and 10 thereof)

SEC. 10. Other Rights of Natural Born Citizen Pursuant to the Provisions of Article XII, Section 8 of the Constitution. - Any
natural born citizen who has lost his Philippine citizenship and who has the legal capacity to enter into a contract under
Philippine laws may be a transferee of a private land up to a maximum area of five thousand (5,000) square meters in the case of
urban land or three (3) hectares in the case of rural land to be used by him for business or other purposes. In the case of married
couples, one of them may avail of the privilege herein granted: Provided, That if both shall avail of the same, the total area acquired shall
not exceed the maximum herein fixed.

In the case the transferee already owns urban or rural land for business or other purposes, he shall still be entitled to be a transferee of
additional urban or rural land for business or other purposes which when added to those already owned by him shall not exceed the
maximum areas herein authorized.

A transferee under this Act may acquire not more than two (2) lots which should be situated in different municipalities or cities anywhere
in the Philippines: Provided, That the total land area thereof shall not exceed five thousand (5,000) square meters in the case of urban
land or three (3) hectares in the case of rural land for use by him for business or other purposes. A transferee who has already acquired
urban land shall be disqualified from acquiring rural land and vice versa. (As amended by R.A. 8179)