e. If a minor, then the age will be shown.

Land Titles f. Description of the land as finally determined by the court

g. Show w/n there are estates, mortgages, easements, etc.
 The administrator will sign the deed and file it with the LRA.
Chapter 10: Decree of Registration and Certificate of  The decree if registration binds the land, quiets title thereto - subject only to
such exceptions or liens as may be provided by law.
Title
 Inclusive upon all persons - even the government.
o Conclusiveness does not cease to exist even if it is passed in to someone
Decree of Registration
else.
Sir: Two ways of detecting Fake Land Title  The decree bars the re-litigation of these question of ownership in the same
1. Last two digits of the TCT number and the last two numbers of the book number proceedings same proceedings.
should be the same. o Thus a subsequent petition in the case filed after the lapse of one year after
2. Look at the serial number and see whether or not the place which issued it really the entry of judgment to allow heirs, oppositors, substituted parties, etc. to
issued it. present evidence tending to prove that the registered owners of the
a. Sir’s Example – the form was a genuine form was supposed to be in Ozamis,
property that is involved – can not be granted by the courts.
but the TCT says province of Rizal.
 The decree after a lapse of one year becomes incontrovertible.
Sir: Who has jurisdiction over the land?  Once it is entered it serves as a notice to the entire world – it is in rem.
 The court that has jurisdiction in the location of the land
 If ever there is a decree and the court has no jurisdiction – the decision is just Duty of the Administrator of Byrne LRA to issue decree
provisional.  The duty of the land registration official is to issue the decree of registration.
o This is a ministerial function.
Content and Effects
 In the sense that the act under the orders if the court, and the decree
 In pursuant to the order of the court - the LRA prepares and issues a decree of
registration. must be in conformity with the court judgment and with the date found
 Contents and effects - every decree of registration issued by the commissioner on record.
shall bear: o If they are in doubt upon any point in relation to the preparation of and
a. Date, hour, and minute of entry issuance if there decree – they are duty bound to refer the matter to the
b. Signed by the commissioner court.
c. Civil status of the person (married, unmarried, etc) o They act as court officials, not admin officials.
 If it is conjugal property the decree shall be issued in the name of both
o Administrator can refuse to issue a decree if:
spouses.
d. If huge person to whom the land to be registered to is incapacitated, it shall  He finds that the subject land has been decreed and titled in another’s
state the nature of the disability name.
  Cannot be compelled by mandamus – because issuance if title is a 1. Delivered to the registered owner or to his duly authorized
judicial function and not merely a ministerial act. representative
2. If two or more persons are the duly registered owners:
Certificate of Title a. One owner’s duplicate certificate of title may be
The original certificate of title shall be: issued for the whole land
b. Or if the co-owners decide, a separate duplicate
 True copy of the decree of registration
may be issued to each of them in like form.
 Signed by the administrator of the LRA.
c. But all outstanding certificate of title so issued
 The OCT together with the ODCT are sent to the Register of deeds of the
shall be surrendered whenever the RD shall
city of province where the property is located.
register any subsequent part thereof or interest
o This is so that the the property can be placed in the registration
therein.
book.
3. The register of deeds shall note on each certificate a
 The certificate takes effect only upon registration date of entry in the
statement as to whom a copy thereof was issued to.
log book, and the land becomes registered land on that day.
 Owner of the land who it is registered and inscribed in the
 If property covered is conjugal properties – it will be issued in the name
certificate – has a better right to the possession of the land – as
of both spouses.
compared to someone who just holds the ODCT and who has yet to
establish that he has a right to the land.
Rule on determining conjugal, or paraphernal character if land covered by
 The Transfer Certificate of Title
the certificate of title:
o Subsequent certificates of title that may be issued by the
 The OCT merely confirms a pre-existing title
register of deeds pursuant to any voluntary or involuntary
 Certificate does not establish the time of the acquisition of the
instrument relating to the same land shall be in like form –
property.
called TCT – It shall be issued in duplicate
o In essence the date in the deed is just when the property
o The Transfer Certificate of Title shall show:
was officially registered
 Number of the next previous certificate covering the same
 If the property is acquired while the marriage was subsisting – it
land and also the fact that it was originally registered
shall be registered in the name of both spouses.
giving the:
 If the certificate says: “registered in the name of mr.x, married to
a. Record Number
mrs.x” the property belongs to mr.x.
b. The number of the OCT
c. The Volume and Page Number of the Registration
Owner’s duplicate certificate of title; transfer certificate of title:
Book in which the latter is found.
 The owners Duplicate Certificate of Title shall be:
Probative Value of Certificate of Title
 Registration does not vest title – it is not a mode of acquiring possession
over the property.
o It is merely evidence of title over the property
 Simple possession of a certificate is not conclusive – there could be a
mistake or a land may not be registerable talaga under the torrens
system.
o It can be somone owns it na pala; or it belongs to the state.
 If a piece of land is included in a TCT, but the owner had no right talaga
to the land, or no right was asserted any right of ownership thereof is
VIOD AND OF NO EFFECT
o The court has no jurisdiction to decree a lot to someone when he
did not make a claim for it.
 Soooo…. If you want the land talaga… you have to ask! Ask and
you shall receive!
o Also if the issue of fraud or misrepresentation in obtaining
it is seasonably raised, or where the certificate is faulty as
to proposed origin.
Attributed and limitations on Certificates of Title and Registered Lands:
1. Free from and liens or encumbrances, with certain exceptions. Section
44 PD 1529 states: Every registered owner receiving a certificate of title
in pursuance of registration, and every subsequent purchaser of
registered land taking a certificate for value and in good faith, shall hold
the same free from all encumbrances.
 Except those noted on the said certificate and any of the following
encumbrances (Statutory Liens) which may be subsisting such as:
a. Liens
o Arising of existing under the laws and constitution of the PH
which are not by law required to appear on the TCT
b. Unpaid Real Estate taxes
o Levied and assessed within two (2) years immediately
preceding the acquisition of any right over the land by an
innocent purchaser for value.
 Without prejudice to the right of the government to
collect taxes payable before that period from the
delinquent tax payer alone.
c. Any Public Highway, Private way established or recognized by
law; and any government irrigation canal or lateral thereof
o If the certificate does not state that the boundaries of such
highway or irrigation canal or lateral thereof have been
determined.
o Deals with those which were present and registered before the
decree of registration, and not those constructed after the
decree of registration.
d. Any disposition of property or limitation on the use thereof
o Pursuant to PD 27, or any law relating to agrarian reform
 This equally applies to every subsequent purchaser of registered
land who takes the certificate in Good Faith.
 Claims and liens existing prior to the issuance of the title – but were
not annotated in the certificate, and those mentioned by law – are
cut off by such certificate and is binding on the whole world, even
the govt.
2. Incontrovertible and indefeasible
 Means that the proceedings can no longer be questioned
 Means that it is the best evidence
 Upon the expiration of One (1) year from and after the date of the
entry of the decree of registration – the decree and also the title
that is issued becomes incontrovertible and indefeasible. But it
loses its indefeasibility if:
a. A valid title had already been issued over the same land
b. The Land is not capable of registration
 c. Fraud attended the acquisition of the certificate
 The incontrovertible character only deals with an OCT NOT a TCT.
3. Registered land not subject to prescription
 No title to registered land in derogation of the title of the registered
owner shall be acquired by prescription or adverse possession.
o Prescription is unavailing not only against registered owner,
but also equally against the latter’s hereditary successors.
 Right to recover possession
o The right of the registered owner to recover possession of the
land covered by his title is imprescriptible.
 Laches as a defense against recovery
o The defense of laches – when made properly – bars the
registered title holder from asserting his right over the
property and also from recovering it.
 This is an equitable defense – has nothing to do with the
validity of the title – rather how neglectful he was over his
property that he is barred from saying that he owns the
land.
o Defense of laches may be used to bar the
rd
reconveyance of the land if there are rights na of 3
persons which may be affected or prejudiced if the
land is reverted back to the original owner.
4. Certificate of Title Not Subject to Collateral Attack
 It cannot be altered, modified or cancelled except in a direct
proceeding in accordance with law.
 Judicial Action Required to Challenge the validity of a title = Direct
Attack!
 An attack is direct when:
o The object of an action is to annul or set aside such proceeding,
or enjoin its enforcement.
 An Attack is indirect when:
o In an action to obtain a different relief, an attack on the
proceeding is nevertheless made as an incident thereof.
5. Torrens Certificate presumed to be valid and devoid of flaws:
 It is presumed to have been regularly issued, valid and without
defects.
 Related Presumption: the buyer of transferee of registered land is
not aware of any defect in title of the property which he purchased
or acquired.
 Person has the right to rely on the fact of the TCT and to dispense
with the trouble of inquiring further – EXCEPT:
o When he has actual knowledge of facts and circumstances
which would lead a reasonably cautious man to make inquiry.
6. General Incidents of Registered Land
 Registered land shall be subject to burdens and incidents as may
arise by operation of law. Registered Owners of land are not
relieved by the FF:
1. Any rights incident to the relation of husband and wife,
landlord and tenant.
2. From liability to attachment or levy on execution.
3. From liability to any lien of any description established by law
on the land and the buildings thereon, or on the interest of the
owner in such land or buildings.
4. From any right or liability that may arise due to change the laws
of descent
5. Rights of partition between co-owners
6. Right to take the same by eminent domain
7. Relieve such land from liability to be recovered by an assignee
in insolvency or trustee in bankruptcy under the laws relative
to preferences
 8. To change or affect in any way other rights or liabilities created
by law and applicable to unregistered land, except as otherwise
provided in this Decree.
7. Where certificate of title was obtained by a Trustee:
 The Trustee cannot repudiate the trust by relying on the
registration.
o Say that there is no more trust because I own the property na.
 The trustee also cannot convey ownership of the registered
property in her will, because she is not the absolute owner of the
land.
Splitting or Consolidating of Titles; Subdivision and consolidation of Plans
 You do not have to file a case – you just ask the RD to do it.
 The registered owner of many lands – can ask for different certificates
for the respective lands
 Conversely – The registered owner of many lands – May secure a single
certificate for the respective lands.
 Process:
1. He should file a written request for that purpose with the register
of deeds concerned.
2. He should surrender to the RD the Owner’s Duplicate Certificate of
title of the lands.
Enlargement of Area of Impairment of Title is not allowed
 The Commission may not order or cause any change, modification, or
amendment in the contents of any certificate of title, or of any decree
or plan, including the technical description therein, covering any real
property registered under the Torrens system.
 The Commission cannot also order the cancellation of the said
certificate of title and the issuance of a new one which would result in
the enlargement of the area covered by the certificate of title.
o If a certificate is given which contains an enlarged area from that of
the decree and the one applied for – the title covering the land may
be cancelled.
Chapter 11: Remedies
Sir: Remedies are for the losing party. These are called alternative remedies.
So if one fails – you can use the next one.
Motion to lift Order of Default
 This is so that the applicant can join in the proceedings – this is what
was discussed in CHAPTER 6.
New Trial
 The Aggrieved (losing) Party, whether applicant or oppositor may file a
motion for a new trial under Rule 37 within the 15 day period for
perfecting an appeal on one or more of the FF grounds:
1. FAME which ordinary prudence could not have guarded against and
by reason of which such aggrieved party has probably been impaired
in his rights; or
2. Newly discovered evidence which he could not, with reasonable
diligence, have discovered and produced at the trial, and which if
presented would probably alter the result.
 It must be shown that:
a) New evidence  discovered after trial
b) Evidence  could not have been discovered and produced at
the trail – even with the exercise of reasonable diligence
 c) Evidence will alter judgment – Such evidence is material –
not merely cumulative, corroborative, or impeaching – and is
of such a weight that if it is admitted it will probably alter
the judgment.
3. Damages awarded are excessive, that the evidence is insufficient to
justify the decision or final order, or that the decision or final order is
contrary to law.
 15 days from the time that the judgment is received by the person or his
counsel.
o In the case of the government – from the receipt of the OSG.
Relief from Judgment
 When a judgment or final order is rendered by any court in a
case, and a party thereto, by fraud, accident, mistake, or
excusable negligence (FAME) has been prevented from taking an
appeal, he may file a petition in such court and in the same case
praying that the judgment, order, or proceeding be set aside.
 The Petition must be:
1. Verified and filed with within 60 days after the petitioner
learns of the judgment, order or other proceeding – and not
more than 6 months or 180 days after judgment or order was
entered or proceeding was taken.
2. The Petition must be accompanied with affidavits showing the
FAME relied upon and the facts constituting the petitioner’s
good and substantial causes of action or defense as the case
may be.
3. The petitioner must also allege that because of such extrinsic
fraud he has been unjustly deprived of a hearing, or he has
been prevented from taking an appeal.
 A relief from judgment may only be availed of when the
judgment has become final and a new trial is not available.
o For when another remedy is open to a party, he cannot
invoke such remedy.
 Only a party who is wither the applicant of the oppositor may
avail of this remedy.
 The grounds for a relief from judgment is FAME.
 If you fail to file a relief from judgment – you can still file a
petition for review.
o But these must be filed within the one year period where the
court still has jurisdiction.
o This must be filed in the same court where the proceedings
were held
 This is filed in the same court where the proceedings took place.
Appeal
 PD 1529 provides that the decisions in land registration cases are
appealable to the CA or the SC in the same manner as ordinary actions.
 Appeal to the CA is taken by simply filing a notice of appeal with the
lower court within 15 days from receipt of judgment or order by counsel
of aggrieved party.
o Appeals to the CA in its exercise of its appellate function is by
Petition for Review.
o With respect to the Government – notice to counsel is one that is
sent and received by the OSG, not the fiscal.
 Appeal from CA to SC is through Petition for Review on Certiorari
o This is different from certiorari
 The court does not lose jurisdiction for one year.
o This is due to the fact that the party can file a relief from judgment
or a petition for review.
 In ordinary cases – if you do not appeal that is it… /
o In Land Registration proceedings you can still file a relief from
judgment or petition of review
Petition for Review
 The decree of registration shall not be reopened or revised by reason of
absence, minority, or other disability of any person adversely affected
thereby, nor by any proceeding in any court for reversing judgments,
1. Subject, however, to the right of any person, including the
government and the branches thereof, deprived of land or of any
estate or interest therein by such adjudication or confirmation of
title obtained by actual fraud, to file in the proper Court of First
Instance a petition for reopening and review of the decree of
registration not later than one year from and after the date of the
entry of such decree of registration.
2. But in no case shall such petition be entertained by the court where
an innocent purchaser for value has acquired the land or an interest
therein, whose rights may be prejudiced.
 Whenever the phrase "innocent purchaser for value" or an equivalent
phrase occurs in this Decree, it shall be deemed to include an innocent
lessee, mortgagee, or other encumbrance for value.
 Upon the expiration of said period of one year, the decree of
registration and the certificate of title issued shall become
incontrovertible. Any person aggrieved by such decree of registration in
any case may pursue his remedy by action for damages against the
applicant or any other persons responsible for the fraud.
Who may file a Petition for review:
1. Any person including the government and the branches thereof –
deprived of land or of any estate of interest therein may file a petition
for review and set aside the decree of registration.
2. The petitioner need not be an oppositor nor an original claimant.
3. It is also not necessary that the petitioner should first procure the lifting
of the order of general default before he could file the petition.
4. But those who are entitled to a review of the decree are those who
were deprived of their opportunity to be heard in the original
registration case.
Persons who may NOT file the petition:
1. Cannot apply when the petitioner does not claim the land to be his
private property – but is admittedly part of the disposable land of the
public land awarded under a public land patent.
2. An oppositor who abandons his opposition to a registration proceeding
3. An oppositor who had knowledge of the original registration proceeding
but failed to put up any claim and to show title in himself.
*When and where to file petition a petition for Review
1. A petition for review must be filed within one year after the entry of
decree.
2. A petition for review may be filed at any time after the rendition of the
Court’s decision and before the expiration of one year from the entry of
the final decree of registration.
 Note SC said: The 1 year period is counted form the time which the
decree is prepared and issued by the Commission of Land
registration.
 If the petition is filed:
 After the rendition of the decision but before the decree of
registration – it is a Petition for Review of Judgment.
 If the petition is filed within one year after entry – it is a
Petition for Review of Decree.
3. Petition should be filed in the court that heard the case. – remember:
the court in a LRP has retains jurisdiction for one year.
Essential Requisites for the Reopening of review of Decree (all must concur):
1. Petitioner has a real and dominical right
2. He has been deprived thereof
3. Through Fraud
4. Petition is filed within one year from issuance of the decree (and in
respect to a review of the judgment, from rendition thereof)
5. The property has not yet passed to an innocent purchaser for value.
*Actual or Extrinsic Fraud, or Collateral Fraud Defined; and differentiated
from Intrinsic Fraud:
 Only extrinsic or collateral fraud may be a ground for a petition for
review – intrinsic fraud cannot!
 Extrinsic Fraud:
o Refers to any fraudulent act of the successful party in litigation
which is committed outside the trial of a case against the defeated
party, his agents, attorney, or witnesses.
o Whereby the defeated party is prevented from presenting fully and
fairly his side of the case
 Intrinsic Fraud:
o Refers to acts of a party in litigation during trial, such as the use of
forged instruments or perjured testimony – which did not affect
the presentation of the case – but did prevent a fair and just
determination of the case.
o Sir: It is called intrinsic because it happened in the case.
 The fraud committed will be deemed Intrinsic Fraud if the fraud alleged
is involved in the same proceeding where the party seeking relief had
ample opportunity to:
o Assert his right to attack the documents presented by the applicant,
o Cross examine the witness who testified thereto
 Actual Fraud is contemplated as the:
o Intention to deprive another of his just rights
o The fraudulent scheme of the prevailing litigant which prevented a
party from presenting his case.
Sufficient Allegations of Actual Fraud (Illustrated)
 It does not suffice to merely allege fraud – the specific, intentional acts
to deceive and deprive another of his right, in some manner injure him,
must be alleged and proved.
Other grounds for review of a decree:
1. By reason of fatal infirmity in the decision, or for want of due process.
 The SC said: If a decree is issued in pursuance of a decision – which
is obtained by fraud – it may be annulled within one year from
entry, if it was entered in compliance with a decision:
a. Suffering from a fatal infirmity
b. For want of due process
 These decisions may be reviewed, set aside, and cancelled upon a
petition filed within the same period – provided that no innocent
purchaser for value will be injured.
2. Lack of Jurisdiction of the Court
 An example of this would be the court giving out a title to a land
that is part of a military reservation or timberland – they have no
jurisdiction.
Purchaser in good faith, as an element of the petition:
 A purchaser in good faith and for value is one who buys the property of
another without notice that some other person has right to, or interest
in, such property – and pays a full and fair price for the same, at the
time of such purchase and before he has notice of the claim or interest
of some other persons in the property.
Action for Reconveyance
 Sir: If you file a relief from judgment and petition for review and you win
– you get the land, BUT in the same character that it was in before the
proceedings
o This is contra to the Action for Reconveyance – when this happens
you actually get the land with the title na.
 This is a remedy that is available even after the one year period.
o A very important requisite is that the land has not been transferred
to an innocent purchaser for value.
 The basic rule is that after the lapse of one year form entry – a decree of
registration is no longer open to review or attack.
o Even though the issuance thereof may have been attended by fraud
and that the TT may be inherently defective.
o This is the exception to the rule. But it contemplates that someone
has been wrongfully deprived of his property.
 Requisites:
1. It is filed by the aggrieved party – whose land was wrongfully
registered to another
2. Can be done before the issuance of the decree, or within/after the
one year from entry
3. The land must not have passed to an innocent purchaser for value.
 This action does not mean to contest the incontrovertibility of the TT. It
just aims to return to the rightful owner a property that has been
wrongfully registered.
o This is just a transfer of the land from the registered owner to the
rightful owner.
Statutory Basis for the Action
 Section 96 of PD 1529 states:
o Nothing in the decree shall be construed to deprive the plaintiff of
any right of action which he may have against any person for such
loss or damage or deprivation without joining the National
Treasurer as party-defendant.
When to file the action; in the form of a pleading.
 Action should be filed in the form of a pleading.
 The action for Reconveyance may be filed even before the issuance of
the decree of registration.
o But if the person is just an applicant for a free patent – Is not an
aggrieved party – thus cannot file a case.
 This action can be brought through an ordinary civil suit, or by the
nature of a counterclaim.
When a ground for Reconveyance Prescribes
1. Fraud
 4 years form the discovery of the fraud
 Such discovery is deemed to have taken place upon the issuance of
the OCT
 But if the action for Reconveyance is based on the ground that the
certificate of title was obtained by means of a fictitious deed of sale
– then this does not prescribe.
2. Implied or Constructive trust
 Land is titled to someone by mistake.
 This is prescriptible – this prescribed in 10 years.
o Counted from the fate adverse title to the property is asserted by
the possessor thereof
o It is from the date of the issuance of the OCT or TCT that the
effective assertion of adverse title for purposes of the statute of
limitations is counted.
 Because of the rule that registration of an instrument in
the Office of the RD which constituted notice to the whole
world, and therefore the discovery of the fraud is deemed
to have taken place at the time of registration.
 a. But this only applies if the person who is enforcing
the trust is not in possession of the property – if
he is in possession of the property the action is
one to quiet title – which does not prescribe.
o Laches may also be used to not enforce the trust.
 When Reconveyance does not prescribe:
o Based on an implied trust – but it is brought of the registered
owners of their children
o A co-heir – through fraud – succeeds in obtaining a certificate of
title in his name to the prejudice of his co-heirs.
 Deemed to be holding the property in trust for the others
 Is not barred by prescription.
o Plaintiff in an action for Reconveyance – which is in effect an action
to quiet title – is in possession of the land in question – prescription
cannot be invoked IF:
 Actual possession is in concept of an owner
 Does not apply to where the possessor is a mere lessee of the
property
o A claim for Reconveyance which is based on the fact that the
conveyance is void ab initio – this does not prescribe.
3. Express Trusts
 Does not prescribe
 But it can prescribe if the property in question has been transferred to a
third party for value and who claim adverse claim for themselves.
4. Void Contract
 Action for Reconveyance is imprescriptible if it is based on a void
contract of sale.
 This action cannot prosper if it has been transferred to an IPV
o Thus it is important for the person to allege that the person is a
purchaser in BF or has notice of the defect in the title.
o Absent such allegation – the defendant is presumed to be in GF
Action for Damages
 After one year from the date of the decree – and of Reconveyance is
impossible because the property has passed to an IPV – the aggrieved
party may bring an ordinary action for damages.
 But this can be brought only against the:
o Applicant
o The persons responsible for damages
o Those who were instrumental in depriving him of the property
 But this action prescribes in 10 years AFTER the one year period.
o But Sir: Says its 4.years- if it is based on fraud
Action for compensation from Assurance Fund
 Special fund created by PD 1529 – and is under the custody of the
National Treasurer.
 This is to:
o Compensate a person who sustains loss or damage
o Deprived of land or an interest therein
 This action is civil in character – may be in the form of an ordinary
complaint.
 Who may file?
o A person w/o negligence sustains:
 Loss or damage
 Deprived of land or any estate or interest therein
o May bring an action in any court of competent jurisdiction for the
recovery of damage to be paid out of the Assurance Fund.
 Requisites for Compensation from the Funds:
1. Aggrieved party or the suitor:
a. Sustained loss or damage
b. Is deprived of land or any estate or interest therein.
 2. Such loss or damage or deprivation was:
a. Occasioned by the bringing of the land under the operation of
the Torrens System
b. Or Arose after the original registration of the land
3. There was no negligence on his part
4. He is barred or precluded from bringing an action for recovery
under PD 1529
5. The action has not prescribed
 To be able to claim from this fund you have to have a right to the
property – if you do not have a right to the property you cannot recover
– this is a condition sine qua non!
o They have to be innocent purchasers in good faith and for value
o Or they have to be the registered owner as holders of TCT’s
 Cannot recover if the basis of the damage is:
o Breach of trust
o Mistake in the resurvey or subdivision of the registered land
resulting in the expansion of area in the CT.
 If the aggrieved party is negligent it cannot recover from the fund.
 Prescriptive Period to file action
o The action shall be instituted 6 years from the time that the action
occurred.
o The SC has said that the date of the deprivation of the land is the
date of issue of the certificate of title.
 But if the loss or damage is due to the error, omission, mistake,
or misdescription in any entry or memorandum in the
registration book – the prescriptive period starts from the
date of entry or memorandum.
 Against whom the action can be filed
o If the loss, damage, and deprivation (LDD) of land is due wholly to
the fraud, negligence or omission, mistake, or misfeasance of the
(a) court personnel, (b) Register of Deeds, (c) Deputy RD or any
other employee of the RD in the performance of their respective
duties:
 The action shall be against BOTH the RD of the province of city
where the land is situated, and the National Treasurer.
o If above is committed is due to a some other person:
 The action shall be against the RD, NT, and the person.
 Satisfaction of Judgment
o Award and compensation = Not more than the fair market value of
the land at the time the plaintiff or aggrieved party suffers LDD.
rd
o If judgment is against NT and RD and 3 person = the judgment
rd
shall first issue against the 3 person.
 If the execution is returned unsatisfied, wholly or partially, and
 The officer returning the same certifies that the amount cannot
rd
be collected from the land or personal property of the 3
person
 The remaining amount unpaid is to be paid by the NT out of the
Assurance Fund
 In this case the Gov’t of the PH is subrogated in the rights of
the plaintiff against other parties or entities.
 So if binayaran ng Gov’t – person c/n claim na from others.
Gov’t has those rights na.
 You only have 6 years to avail of this remedy FROM the issuance of the
certificate of title.
 Compensation is the value of the land at the time of the loss.
Cancellation Suits
Suits involving Double Title
o This usually contemplates that there are 2 certificates of title and
they are issued to different persons.
o When one title is held to be superior over the other – the inferior
title should be declared null and void and ordered cancelled.
  Even if the prevailing party did not pray for such relief
o General Rule: The certificate which was issued earlier will prevail!
 In cases of successive registration where more than one
certificate is issued over the land:
 The person who has the prior certificate is preferred over
the person who has on the second.
o Decree in a land registration proceeding does not have the effect of
annulling the title that had been previously issued by PD 1529, or
even if the holder is a holder of a free patent.
o The person who has the subsequent title CANNOT transmit the title
to another
 Thus even if the person is an IPV, the IPV does not have a
better right compared to the one who has the first title.
o When superiority does not apply: If the CT issued earlier if it is
established that the CT was issued through fraud or is
jurisdictionally flawed,
o The indefeasibility of the first CT can be waived by the title holder in
favor of another who holds a subsequent certificate of title.
Cancellation Suits involving non-registrable property
o Cancellation of a CT which includes public forest or where the land
is within the public forest – may be pursued through an ordinary
action.
 The action cannot be barred by prior judgment of registration –
because the court had no jurisdiction.
o When other non registrable properties are titled – they may be
challenged by a cancellation or reversion suit.
o If a title is issued pursuant to a judgment that is not final is a
nullity! – so can bring an action for cancellation
 Remember: A CT can only be issued when the decision
becomes Final and Executory.
o A CT also is Null if it was given to a person who did not apply for the
land. – so can bring an action for cancellation.
o If an OCT has been voided by the court insofar as certain derivative
titles are concerned – the rest that are not void are still valid.
 Must be:
 Issued in the name of other people
 They have not been heard or notified
 Just like the one in the contracts – if void part can be
separated, the parts of the contract not void – are still valid.
Annulment of Judgment
o Aggrieved party may seek annulment of judgment in the ordinary
land registration or cadastral proceeding – pursuant to Sec. 9(2) of
BP 129
 But this remedy is only available where the ordinary remedies
are no longer available and it was not due to the fault of the
petitioner.
Effect of declaration of Nullity of Title
o Not a ground for nullifying the contractual right of a purchaser,
mortgagee, or transferee in good faith.
Quieting of Title
When it is proper and Nature of the action.
o CC A476 – quieting of title
 When there is a cloud on real prop due to an instrument,
record, claim, encumbrance, or proceeding which looks valid or
effective – BUT it is not pala – it is invalid, ineffective, voidable,
or unenforceable – an action may be brought to remove cloud
or quiet title.
 An action may be brought to prevent a cloud from being cast.
 o This is an ordinary civil remedy
o These proceedings are said to be quasi in rem
 The judgment in the proceedings is conclusive only between
the parties.
o Action for quiet of title is equivalent to an action for Reconveyance
of title wrongfully issued in the name of another.
 This would usually entail the cancellation of the title wrongfully
issued
 This requires action by the LRA and/or the proper RD
o Claimant must show:
 There is an instrument, record, claim, or encumbrance, or
proceeding – which casts a cloud over the owner’s title or
interest to the property.
 These are the only grounds! Cannot be anything else! So
the reasons must only be due to the FF which cast doubt in
the CT:
1. Instrument
2. Record
3. Claim
4. Encumbrance
5. Proceeding
Form of Cloud on Title
 There is a cloud on title where there is a certificate of title over a land
which is also covered by another certificate of title.
 An action by one party where he asks that the certificate of the other
person be declared null and void = Can be considered an action to
remove cloud or quiet title.
o This action may even be pleaded in a counterclaim.
 Note: Different from challenging a registered land - because
such is not subject to collateral attack. In this case pwede
collateral attack because both of you have titles. In the
questioning the validity under Chapter 10 – only one has a title
and the other is just calming that hindi siya dapat may title.
 Claim based on: ineffective Spanish Title, Tax Declarations, and Realty
Tax Payments – to indicate that the WAS INHERITED BY HIM = cloud of
title = so you can ask for action to quiet.
 Claim Based on Mortgage Lien: Also a proper subject for quieting title.
Who may file an action to quiet title:
 Registered owner of the property.
 Person who is not the registered owner:
o “Title” in CC 447 = does not mean the OCT or TCT = It can connote
acquisitive prescription by possession in concept of owner
o Thus even equitable right or interest = may file an action to quiet
title.
o The people who use the action do not need to be in possession of
the land involved.
When action is Imprescriptible
 It is imprescriptible – AS LONG AS LAND IS IN HIS POSESSION
Criminal Action
 The State = Criminally Prosecute = if registration is obtained through
fraud.
 This applies to all – no distinguishment whether or not the statements
were given credence by the courts.
Reversion Suits
 SEE DISCUSSION UNDER CHAPTER 12: LAND PATENTS
Judicial registration vs. Administrative Registration Special Same as sales Government Agency, or
Corporation
Judicial Administrative
Where to file/ Who RTC/MTC LMB/DENR
has jurisdiction
Nature of the Land Private Land Public Land
Being Applied for Registration of Public Land Patents
Area Limits? None 12 Hectares
The registration of PLP’s are required by section 103 of PD 1529 it states:
Prohibition to sell the No Prohibitory period 5 years.
 Whenever public land is alienated, granted, or conveyed by the
land upon title?
What is issued? Decree Patent government – it shall be registered following this decree
* In bold = important for sir  Duty of the official issuing the instrument: must be filed with the
register of deeds of the place where the land is located.
o Will be done in the same manner as registration of land
o An owner’s duplicate will be issued to the guarantee.
 The grant does not convey the land nor bind the land – it only operates
Chapter 12: Land Patents as a contract between the government and the grantee – and as
Sir: evidence of the authority of the RD to make registration.
 The big difference between Land Registration and the issuance of o It is the act of registration which conveys the land.
patents is that the subject of the land is public land.  Registration will be made in the office of the RD where the land
 Title over land > Patent is located.
 You know that a title is issued in an administrative proceeding because  After following the registration procedures the land shall be deemed
the title number is preceded by the letter “P” registered land.
 Now – land is first given to the government, then the land is given to a
private person – this is a 2014 law Kinds of public land and to whom they are granted
 In 2009 there was a law which was for free patents for residential land.  They are issued to citizens of the PH – they cannot acquire more than 12
o In this case there is no 5 year prohibition to sell the land (see hectares of agricultural land.
summary of notes by sir)  Kinds of Patents
o Homestead
Patents Nature of Land Grantee/Patentee o Free
Homestead Agricultural Land Filipino Individual o Sales
Free Agricultural Land Filipino Individual o Special
Sales Agricultural, Residential, Filipino Individual,
industrial or Commercial Corporation, Association
 
th
1. *Homestead Patent Sir: You have to cultivate 1/5 and there are conditions for development
 Can only apply for 12 hectares of the land – which you must fulfill.
 May be issued to any citizen:  Sir: the five year requirement not to sell is gone after 5 years. This is
i. Over the age of 18 or Head of a family different from the HS patent because after the 5 years you have to get
ii. Should not own more than 24 hectares of land or has not had the the permission of the DENR.
benefit of aby gratuitous allotment of more than 24 hectares  Sir: There is also a joint affidavit which is issued by 2 people in favor of
iii. Complied with the residence and cultivation requirements of the the applicant which state that they know the person and that the
law. applicant has been living in the land and also cultivating it.
iv. Resided in the PH for 1 year in the municipality where the land is  Sir: Also the certification of the Bgy. Captain which states that notice has
located. been posted where the land is located.
th
v. Must have cultivated 1/5 of the land that is being applied for.
 How do you apply: 3. Sales Patent
o You apply with the Land Management Bureau – in some provinces  Only citizens of PH with the FF. characteristics can apply for a sales
this is the CENRO or PENRO. patent:
o Sir: There is a form and you just fill it up. There is no need for 1. Lawful age
lawyers; unlike Judicial registration. 2. If not lawful age, but head of a family – may purchase public
agricultural land – but not more than 12 hectares.
2. *Free Patent  Public corporations are not qualified to acquire land through this
 Any Natural born citizen of the PH who: patent.
1. Is not the owner of more than 12 hectares  Procedure for agricultural lands to be cultivated:
2. For at least 30 years prior to the PLA as amended (March 28, 1990), 1. Land is sold at public auction
has continuously occupied and cultivated – either by himself of  The highest bidder will get the property
th
through a PI a tract or tracts of agricultural public lands subject to 2. The winner is required to have 1/5 of the land broken and
disposition cultivated within 5 years from the date of the award.
3. Has paid real taxes on the land 3. The sales patent will only issue to him:
4. It has not been occupied by any person  After full payment
 If they comply with the requisites they will be entitled to a free patent.  After he has established his occupation, cultivation, and
 Under this decree the deadline to file an application for free patents th
improvements of at least 1/5 of the land.
ended on December 31, 2000.  Procedure for lands which are suitable for residential purposes:
 Filing and processing of application for free patent – Administrative o Land is sold at public auction and awarded to the highest bidder.
mode of confirming imperfect title.
o Remember: The Registration is a judicial mode of confirming title.
 o A sales patent is issued after payment of the full purchase price and
construction of permanent improvements which are suitable for
the purpose for which the land is purchased
 Should be done within 18 months.
 RA 730 – June 18, 1950
o This authorizes the sale without public bidding to any Filipino of
Legal Age who is not the owner of a home in the municipality where
he resides – and who has in good faith established his residence of
a parcel of land of the public domain of the RP and not needed for
public service.
 This should not be more than 1000 sqm.
 Essential Condition – Constructed house on the lot and actually
resides there.
o This is the exception to the general rule that sale should be by
bidding.
4. Special Patents
 May also be granted to Non-Christians (but now covered by the IPRA):
o As soon as the secretary of the DILG shall certify that the majority
of the NC inhabitants have advanced in civilization
o Then the president may grant these lands to the NC’s
 Patents may also be issued for educational, charitable, and other similar
purposes.
 RA 926 allows the granting of land by the government as payment for
expropriation proceedings (landed estates acquired by the government)
o Assessed value will not be taken into consideration if the exchange
is involving public agricultural land.
o There is also a 12 hectare limit.
 Original Certificates issued pursuant to special patents = concrete and
conclusive evidence of an indefeasible title.
 Sir: You can award more than 12 hectares.
 Sir: Special patents are usually issued to government entities
o Ex. Reclaimed land – manila harbor center was awarded as a special
patent to the NHA.
o Issued by the president himself – due to the fact that there is no 12
hectare limit.
*Registration of Patents and its Effects:
 All land patents must be registered for them to be efficacious – ergo…
the patents are only effective upon registration.
rd
o Registration is needed in order to bind 3 parties.
o If it is not registered the patent is not indefeasible
 Sale Patents: public character of the land is not removed. It is only upon
registration that it is converted in to private land.
 Note: Registration is ALWAYS with the RD!!!!!
 OCT issued because of a LP is of the same nature as an OCT from judicial
proceeding.
o The certificate of title becomes incontrovertible and indefeasible
after the lapse of 1 year from the date of the issuance of the
patent.
 Prescription cannot run against the owner.
 If there is a patent = cannot be subject to a cadastral proceeding nor
declared to another person.
*Restrictions on alienation/encumbrance of lands titles
pursuant to patents & right to repurchase
 If a land patent is granted = CANNOT SELL FOR A PERIOD OF 5 YEARS
FROM DATE OF ISSUANCE OR GRANT!
o If ever you sell – only back to the government or a legally
constituted banking corporation (has to be a Government Bank)
o You cannot sell even to a member of your family.
o If you sell within the 5 years – then the sale is VOID
 Even the intention to sell will render the sale void.
  Basta within the 5 years – CANNOT SELL! AS IN NO TALAGA.
 Except: To the Government or a Government Bank.
o Now the only government bank is the Land Bank
 For Homestead Patents: cannot also alienate, convey, or transfer the
land after the 5 year period and before 25 years – WITHOUT the
approval of the Secretary of the DENR.
th th
o If you sell it after the 5 year till before the 25 year you need the
permission of the Secretary of the DENR!!!!!
o This also includes using the property for satisfaction of debts.
 Remember: For the computation of the period: the issuance of the
patent is deemed to be form the promulgation of the order of issuance
by the Director of Lands.
 Section 118 of the PLA: Cannot take the properties for the satisfaction
of a debt before the expiration of the 5 year period.
 Section 119 of the PLA: given the owner-vendor of the lands the right to
repurchase lands acquired under free patent, or homestead patent. Sir:
The sale is made within the prohibitory periods. (Sales Patent – 5 years;
Homestead 5 or 25.)
o The right to repurchase can also be exercised by his widow or legal
heirs – This means that when the person to whom the patent was
awarded is still alive – He alone can institute the action!
o The right to repurchase must be exercised within 5 years from the
date of conveyance.
rd
 The date will be the date that it is conveyed to a 3 person
who is not a member of the family. – look at reason of next
part.
 Sir: If the land is mortgaged – it cannot be foreclosed if it is within the 5
year prohibition.
o The only one that can foreclose on it is a government bank.
*Reason for prohibition and the Right to Repurchase
 Reason: based on the fundamental policy of the state to preserve and
to keep in the family of the public land grantee the portion of the public
domain which the state has gratuitously given to him.
 The prohibition is mandatory and violation of this renders the
conveyance VIOD.
Right to Repurchase
 Right to Repurchase: If acquired through a homestead patent of a free
patent – widow or heirs have the right to repurchase the property
within the 5 years from the date of conveyance (when the prop is
mortgaged and shit.)
 But if the land is no more agricultural – but it has become residential
and the intention is business or profit – then the family does not have
the right to repurchase.
 When to avail of the R2R
o Attaches to EVER alienation and encumbrance!
 This right can even be exercised even if there is no R2R in the
deed of sale.
o This right cannot be waived! And it does not matter if the
conveyance is voluntary or involuntary.
 5 year period begins form: date of the execution of the deed of sale –
unless there is a stipulation that ownership is not vested until full
payment, then it will run from this.
 If the person who applied is still living – HE IS THE ONLY ONE that can
use the R2R. If he is dead – pwede na wife or heirs.
 R2R may be expressed in any form and manner
 In case of EJ foreclosure – the 5 year period runs from the end of the 1
year that is allowed for the repurchase of the EJ foreclosure.
o Does not have to make an offer to redeem or tender payment –
filing of an action to redeem is sufficient.
 Sir: Sometimes the court will even deny the right to repurchase – for
example the originally patentee wanted to buy the land – not for the
reason for keeping in the family.
o Ex. Land became super valuable -> so now the original patentee
wanted to buy it back.
o Intention of why they want to buy back is key.
Other restrictions of Public Land Grants
 Encumbrances made by persons belonging to Non-Christian tribes may
be made only when the person making the conveyance is able to read
and understand the language which the instrument is drafted in.
 If conveyance is made by illiterate non0christians – then it needs the
approval of the commissioner of Mindanao and Sulu.
 Private Corporations may lease lands covered by LP’s as long as they are
for commercial, industrial, educational, religious, or charitable
purposes, or for a right of way - subject to the approval of the
Secretary of the DENR
 Cannot dispose lands which were originally acquired through the PLA to
those who are qualified to acquire lands of the public domain,
Effect of Violations of the Restrictions
 Any acquisition in contravention of the restrictions will be considered
NULL AND VIOD
 It shall produce the effect of annulling, and cancelling the grant, title,
patent, or permit originally issued.
o The property will be reverted to the state.
Actions against improper & illegal issuance of patents
 The usual actions that are taken against improperly and/or illegally
issued patents and their corresponding certificates are:
1. Reversion Suits
2. Cancellation Suits
3. Reconveyance Suits
Reversion Suits
 Objective = cancellation of a certificate of title and the reversion of the
land back to the state.
 Note: reversion = lands go back to the state; cancellation =usually
brought by a private individual.
 This action is also called a: (a) cancellation suit or (b) annulment suit
 Proper forum for the suit = RTC where the land involved is located.
 Evangelista vs. Santiago – Distinction of Action for Reversion and Action
for declaration of nullity
o Allegation
 In a reversion suit what is being alleged is that the land belongs
to the state
 In an action for reversion – it is only the director of lands
who is entitled to relief.
 Remember: Government – through the OSG – upon the
recommendation of the Director of Lands.
 In a declaration of nullity what is being alleged is that the
plaintiff owns the land prior to the issuance of a free patent; as
well as the defendant’s fraud or mistake in obtaining the
property.
 The declaration of nullity is based not on the fraud or
mistake – rather it is based on the fact that the Director of
Lands had no Jurisdiction to award a patent.
o Real Party in Interest
 In a reversion suit the real party in interest is the state
 In a declaration of nullity the real party of interest is the
plaintiff who alleges a pre-existing right of ownership over the
 parcel of land in question – even before the grant of title to the
defendant.
o Effect of Winning the Suit
 In a reversion suit the property goes back to the ownership of
the state
 In a Declaration of Nullity… It depends
Grounds for reversion
Violation of Sections 118.120,121,122,123 of the PLA
o Any violation of these provisions renders the conveyance of the
disposition VIOD AB INITIO
o Lands will be reconveyed back to the state and along with the
improvements
o But the reversion is not automatic – the government still has to
take action in order that the land may be reverted back to it.
 Arsenal vs. IAC: An alienation or sale of a homestead patent executed
within the 5-year prohibitory period is void
o A confirmatory deed issued after the lapse of the period does not
cure the sale. – Viod pa rin… hehe
 Zambales vs. CA: Even a bi-lateral promise to buy and sell which was
entered into during the 5-year period was voided
o The SC said that there is no distinction between executory or
consummated sales.
 SOLA vs. CFI: Nullity of the sale of only a portion of the lot covered by a
free patent or homestead patent due to the violation of section 18 –
extended to the entire lot.
o The sale causes the cancellation of the title and the reversion of the
lands back to the state.
 So… If you are given a patent… Hold on don’t let go. If you do
you will lose it forever.
When land patented is not capable of registration
 The director of lands cannot grant patents over public and forest lands
not capable of registration.
o But if he is misled to granting these patents – then the patents
issued are jurisdictionally flawed – thus the lands can be reverted
back to the state.
 But: if a portion of the patent included a river – and it was due to the
mistake or it was erroneously included by the agency or official issuing
the patent ; provided that there was no clear evidence of fraud – then
only the portion over which the river is should be reverted back to the
government – everything else is valid.
Failure of the grantee to comply with conditions imposed by law to entitle
him to a patent or grant.
 For disposable agricultural public land – if the awardee of the patent is
not able to comply with the conditions imposed by law to entitle him to
a grant – void the patent
 Note: Section 91 of the PLA states that if a patent was secured through
fraud and misrepresentation – then ipso facto produce the cancellation
of the concession, title, or permit granted.
 The patentee cannot also invoke the 1year indefeasibility rule because:
o A grant tainted with fraud and secured through misrepresentation
is null and void and of no effect.
 Failure of applicant to disclose that another person was in possession of
the property (even a part of it) – constituted fraud and
misrepresentation and is thus a ground for annulling the title.
When land is acquired in violation of the constitution
 Land acquired by an alien – reverted back to the state.
 Land acquired by a corporation – whose PII has not acquired an
imperfect title – may also be assailed in a reversion suit.
Who instituted an action for Reversion:
 OSG in behalf of the RP
o He has the specific power to represent the gov’t in all land
registration and related proceedings – and to institute actions for
reversion to the government of lands of the Public Domain and
improvements thereon as well as lands held in violation of the
constitution.
 A private party cannot being an action for reversion.
o But: SC may resolve issue of alleged fraud in the acquisition of a
patent although the action is instituted by a private person – if the
facts are not disputed and the area involved is small.
Investigation of the Director Of lands prior to the institution of suits
 Actions for reversion, or annulment should be initiated by the Director
of Lands – or at least someone with his prior authority and consent.
 Investigation and inquiry should precede the suit.
 The indefeasibility of the title is not a bar to the investigation of the
DOL. As long as the investigation is about the fraud or
misrepresentation that could have taken place in order to secure the
land. – this is the duty of the DOL to do.
Indefeasibility of title, prescription, laches, and estoppel do not bar a
reversion suit.
 The defense of indefeasibility of title does not apply to a suit for
reversion for a land patent that was issued over land which is not
capable of registration (ie. Forest land, registered a lake, etc)
o This is due to the fact that the director of lands had no jurisdiction
to dispose of the lands.
 You cannot also invoke indefeasibility when the cause of action of the
government is that you did not follow the cultivation requirements.
o This is part and parcel of the patent – non-fulfillment makes the
patent subject to annulment.
 The government is also not estopped by the actions or mistakes of its
employees.
 The state is also not bound by prescription or laches.
o This does not apply to corporations or artificial bodies which are
created by the state for a specific purpose.
Cancellation Suits
 Director of lands issued a patent over land which is private land – the
aggrieved owner may file a cancellation suit.
Action for Reconveyance
 Action for when a patent and corresponding certificate of title were
acquired through a breach of implied or constructive trust.
Emancipation Patents; Conditions for Issuance
 The tenant farmer, whether in land classified as landed estate (land in
the probinsiya) or not, shall be deemed owner of a portion constituting
a family-size farm of five (5) hectares if not irrigated and three (3)
hectares if irrigated.
 In the implementation of the emancipation of the tenants – the DAR will
issue in duplicate a Certificate of Land transfer.
o The original shall be kept by the tenant farmer, and the duplicate in
the RD
 The RD has a special book for this called the Provincial register
of Documents.
o Emancipation of Tennants – before they used to rent the land they
till; now the government gives them the land that they till.
 Payment terms for the tenant farmer = 15 years of 15 equal
amortizations.
 When will an emancipation patent be issued in the name of the Farmer?
 o Once he pays the price in the payment terms stated above
o He becomes a full-fledged member of a duly recognized farmer’s
cooperation
o He has complied with other related obligations
 For the Emancipation Patent – this is issued to the farmer by the DAR
(different from other cases where DENR, or in land registration where it
is the courts)
 After this the RD Shall:
o Unregistered Land – complete the entries on the Emancipation
Patent and shall assign an OCT number.
o Registered Land – Issue the corresponding TCT without requiring
the surrender of the owner’s duplicate of title to be cancelled.
o Grantee Dies – DAR shall determine his heirs or successors-in-
interest and shall notify the Register of Deeds accordingly.
o In case of subsequent transfer of property covered by an
Emancipation Patent or a Certificate of Title emanating from an
Emancipation Patent – The RD shall affect the transfer only upon
receipt of the supporting papers from the Department of Agrarian
Reform.
o No fee, premium, of tax of any kind shall be charged or imposed in
connection with the issuance of an original Emancipation Patent
and for the registration or related documents.
Restriction on the Patent
 Title to the land acquired though the Emancipation Patent is non-
transferable
o The only instance where it is allowed is if it is:
 Hereditary Succession
 Conveyance back to the government
Subsequent dealings on lands covered by Emancipation Patents
 NO voluntary deed or instrument over land which is principally devoted
to rice or corn- or any portion thereof – shall be registered unless:
o Accompanied by affidavit of the vendor which states that the land
involved is not tenanted
 Or if it is tenanted then the tenanted portion is not devoted to
rice and corn.
 If only a portion of the land is dedicated to rice and corn - and that part
is tenanted – no such deed or instrument will be registered unless it is
accompanied by an affidavit which states the area of the of the portion
which is tenanted and devoted to R&C and also stating that the deed or
instrument covers only the untenanted portion or which is not devoted
to rice and corn,
 A memorandum of said affidavit shall be annotated on the certificate of
title. The Register of Deeds shall cause a copy of the registered deed or
instrument, together with the affidavit, to be furnished the Department
of Agrarian Reform Regional Office where the land is located.
 The affidavit provided in this section shall not be required in the case of
a tenant-farmer who deals with his Certificate of Land Transfer or
Emancipation Patent in accordance with law.
 The requisite of the affidavit = to complement restriction of the transfer
of title to the lands acquired under emancipation decree.
*Deed or instrument mentioned here means one purporting to be a
subdivision, sale, mortgage, lease, sale, or any other mode of
encumbrance.
Cases
 Fontanilla vs. CA: A homestead patentee has 5 years by which to
repurchase the property. (also his heirs and widow)
o This 5 year period is counted form the date that conveyance is to a
rd
3 person. Conveyance to a member of the family does not start
 this 5 year period. This is due to the fact that the very essence of
Section 119 is to keep the land in the family. Conveying it to a
family member is keeping with this purpose.
 Romero vs. CA:
o A sale within the 5 year prohibitory period is VOID (even if it is sold
to heirs)
 This is different from the Fontanilla case because what was
being assailed there was the right to repurchase. In this case it
is the validity of the sale – also the land was transferred to the
sons after the 5 year prohibitory period.
o Also a person can only get a maximum award of 24 hectares in total
– any excess of this is void.
 For example – had 24 na – then said to son hold this naman in
trust for me – this act would be void because it is a trust
constructed for the circumvention of the law (para the person
can get more than 24 hectares).
 Aberajon vs. Nabasa: Action for Reconveyance – if not instituted by the
government the private person must show that there is fraud – and if
there is fraud there is a constructive trust that arises.
o Also in order for an action for Reconveyance to prosper there must
be a showing that you have a right to the land. If you have no right
to the land – there is nothing to reconvey. Precisely the point: an
action for Reconveyance seeks to return to the rightful owner what
he has been deprived of.
 Heirs of Santiago vs. Santiago: A free patent that is issued over private
lands is void – the public land act only applies to lands of the public
domain this even applies to lands which have been acquired through
occupation for 30 years – even if it has not yet been registered.
 Morandarte vs. CA: Spouses M had land registered under their name –
but it included pala parts of a river – the state filed a suit for reversion.
o The SC said that the deed is still valid and only the portion which
included the river shall be nullified.
 Its reason for doing this is the fact that it was due to the fault
of a government employee that the land river was included.
Thus the conventional cause of reversion which is fraud – was
not present in the case – thus the whole property need not be
reverted.
 Lorzano vs. Tabayag: Sister said that she will hold on to the land so that
she can get the rent to pay for her son’s college education. After her son
graduates – she will reconvey the land – Son graduated – and she did
not give it saying that there was a deed of sale between her and their
father. – Signature in title = forged; acknowledged before a Notary who
was not duly commissioned.
o A title emanating from a free patent fraudulently secured does not
become indefeasible.
o Registration of a title under the Torrens system does not by itself
vest the title – it merely confirms the registrant’s already existing
title.
 Registration under the Torrens system is not a mode of
acquiring ownership.
o A fraudulently acquired free patent may only be assailed by the
government in an action for reversion.
 Government – through the OSG – upon the recommendation of
the Director of Lands.
 Exception: Action for Reconveyance – seeks direct
Reconveyance from the defendant public land, unlawfully and
in breach of trust titled by him, on the principle of constructive
trust.
o Lim vs. Delos Santos: Filed a case with the regional secretary of the
DENR then with the Secretary of the DENR – both decided against
Lim. Lim appealed to the OP – but he did not pay the filing fees for
an appeal.
 SC: payment of the fees is mandatory and jurisdictional. The
court will acquire no jurisdiction if the fees are not paid. Thus
 the CA was correct in dismissing the complaint for not
following procedure.
Chapter 13: Reconstitution of Title; Other
Petitions/ Actions after Original Registration
Reconstitution of Lost or Destroyed Original Copies of
Certificates of Title
Meaning, purpose and nature of reconstitution
 Reconstitution – denotes restoration of the instrument which is
supposed to have been lost or destroyed in its original form and
condition.
 Purpose – to have the title reproduced, after proper proceedings, in the
same form they were when the loss or destruction occurred.
o If the court goes beyond this purpose then it goes beyond its
jurisdiction.
 What the applicant must prove – not only the loss or destruction; but
also the time that the title was lost or destroyed he was the registered
owner of the land.
 If no OCT exists then the reconstituted title is a nullity – this same rule
applies if in fact there is an earlier valid certificate of title in the name
and in the possession of another person.
 This is a proceedings in rem
Source of judicial reconstitution of title
For OCT’s the sources in the following order may be availed of:
1. Owner’s duplicate certificate of title
2. Co-owners, mortgagee’s or lessee’s duplicate of OCT
3. Certified copy of OCT previously issued by the RD concerned or by a
legal custodian.
4. Authenticated copy of the decree of registration or patent which was
the basis of the certificate of title.
5. Deed or mortgage, lease of encumbrance containing description of the
property covered by the certificate of title, and on file with the registry
of deeds, or an authenticated copy indicating that the original had been
registered.
6. Any other document, in the judgment of the court, which is sufficient
and proper basis for reconstitution.
For TCT’s the sources in the FF order may be availed of:
1. Owner’s duplicate certificate of title
2. Co-owners, mortgagee’s or lessee’s duplicate of OCT
3. Certified copy of OCT previously issued by the RD concerned or by a
legal custodian.
4. Deed of transfer of other document containing description of the
property covered by the TCT and on file with the RD; or an
authenticated copy thereof indicating that the original had been
registered and the loss or destruction occurred after the title was
issued.
5. Deed or mortgage, lease of encumbrance containing description of the
property covered by the certificate of title, and on file with the registry
of deeds, or an authenticated copy indicating that the original had been
registered.
6. Any other document, in the judgment of the court, which is sufficient
and proper basis for reconstitution.
Rule on availment of “any other document” deemed proper and sufficient
 Means that the documents are similar to those that are enumerated.
 The important thing to note is that the documents that are submitted
must satisfy the curiosity of the court that the land is really yours. And
that you really really really really tried to get the documents that are
enumerated above – but you could not find any.
 o Sometimes the lack of the documents will even be an indication
that the land is not really yours. – you have to show that you really
really really tried to search for the docs talaga.
Requirements and Procedures in Petitions for Judicial
Reconstitution
Publication of Notice and Posting under Sections 9 and 10
 Sections 9 and 10 of RA 26 require that 30 days before the date of
hearing:
1. Notice be published in the OG for 2 consecutive weeks – at the
expense of the petitioner.
2. Notice – be posted in the main entrances of the provincial buildings
and of the municipal hall of the municipality of city where the
property lies.
 Section 9 requires that the FF be stated:
1. The number of the Certificate of Title
2. The name of the Registered owners
3. The Name of the interested parties appearing tin the reconstituted
certificate of title.
4. The location of the property
5. Date which the persons having interest in the property must
appear.
Requirements in Sections 9 & 10 = Are MANDATORY AND JURISDICTIONAL
 The proceedings in section 9 & 10 are in rem
 The court acquires jurisdiction to hear and decide the petition for
reconstitution – upon compliance with the required posting and
publishing.
o Note: For reconstitution of title – there is no need to publish in a
newspaper of general circulation.
 Non-compliance – makes the proceedings void
o Thus the reconstituted title is also void.
Contents of the Petition and Publication and Posting of the Notice thereof
 The petition for reconstitution shall state or contain the FF:
1. Owner’s duplicate of the certificate of title has been lost of
destroyed.
2. No co-owner’s, mortgagor’s, or lessee’s duplicate has been issued.
3. The location, area and boundaries of the property.
4. Nature and description of the buildings or improvements which do
not belong to the owner of the land – also the address of those who
own these improvements.
5. Names and addresses of the:
a. Occupants or persons in possession
b. Owners of the adjoining properties
c. All persons who may have interest in the properties.
6. Detailed description of any encumbrance affecting the property – if
any.
7. Statement that no deeds of other instruments affecting the
property have been presented for registration – or if there has been
any – the registration thereof has not been accomplished.
 This act also requires that:
o All documents or authenticated copies be introduced as evidence in
support of the petition – shall be attached to the petition and filed
with the same.
 If the source is “any other document”:
o The petition shall be accompanied with:
1. A plan and technical description of the property duly approved
by the Administrator of the LRA. OR
2. Certified copy of the description from a prior certificate of title
covering the same property.
 The law mandates the court to issue a notice of the petition for
reconstitution – which shall state:
1. Name of the registered owner
2. Names of the occupants or persons in possession of the property
3. The owners of the adjoining properties
4. The location, area, and boundaries of the property
5. Date by which the persons who have an interest in the property
should appear and file their claims, objections to the petition.
Publication of notice, posting, and sending of notice by mail
 The courts shall cause the said notice:
o To be published twice in the OG – at the expense of the petitioner.
This should be out in circulation 30 days before the hearing.
o Posted in the main entrance of the Provincial/Municipal Building in
the Municipality/City in which the property is situated – done 30
days before the hearing.
o Notice – to be sent by registered mail to be done 30 days prior to
the date of the hearing.
 Section 12 – only the registered owner, his assignees or any other
person who has an interest in the property may file a petition for
reconstitution.
o The RD is not the proper party to file a suit.
 Section 13 – Publication of the notice of petition in a local newspaper is
not required. Notice by publication is not sufficient, notice must be
personally sent or delivered to the parties affected by the petition for
reconstitution.
 Section 12&13 are mandatory and jurisdictional – non-observance of
these fatally affects the proceedings.
 Alabang Development vs. Valenzuela:
1. Requirements of section 12 & 13 are mandatory and jurisdictional.
2. Duty of the persons who are applying for reconstitution:
a. Know who are the boundary owners on all sides and directions
of their property
b. To inquire who of their neighbors are in actual possession and
occupation of the property, but also of the land adjacent
thereto.
c. The obligations cannot be ignored especially where the land is
in a prime location for residential, commercial, and industrial
purposes.
3. Failure or omission to notify the owner, possessor, or occupant of
adjacent property, as well as failure to post copies of notice of
hearing in the main entrance of the municipal/city building are fatal
to the acquisition and exercise of jurisdiction of the RTC
4. Motions for intervention by owners or occupants of the properties
involved should be allowed – in the interest of the administration of
justice.
 Dorodas vs. CA: If the reconstitution is based on the Owner’s Duplicate
Certificate of Title – notice to the owners and of the adjoining lots and
actual occupants of the subject property are not mandatory and
jurisdictional.
 If the full names and addresses of the adjoining owners are not known –
the application shall state the extent of the search made to find them.
o The mere statement of the lack of knowledge of their names and
addresses is not sufficient compliance with requirements mandated
by law.
 The publication of the petition in 2 successive weeks in the OG and the
notice of hearing to the adjoining owners, and the posting of the notice
in the municipal building 30 days prior to the hearing – are mandatory
and jurisdictional requirements.
 The notice the adjoining lot owners is not the duty of the petitioner –
rather it is the duty of the courts.
o Still – the failure of the court to comply with the law does not
excuse its compliance.
Duty of the courts and a warning to them
 It is the duty of the court to make sure that the “indispensable parties”
are duly served with actual and personal notice of the petition –
particularly when the land involved is prime developed commercial
land.
 The duty of the court to issue the reconstitution of title is mandatory
and they are given no discretion to deny it if:
o The petitioner is the registered owner
o The certificate of title was in force at the time it was lost or
destroyed
o The evidence presented is sufficient and proper to warrant the
reconstitution of title.
 The court even without any opposition by the government must
convince itself that the petitioner’s evidence is substantial enough to
warrant reconstitution.
o The order or judgment shall become final after the lapse of 15 days
– FROM THE RECEIPT BY THE RD CONCERENED AND BY THE
ADMINISTRATOR OF THE LRA of a notice of the order or judgment –
and there was no appeal filed.
 Judicial reconstitution of title is unnecessary if the OCT is with the RD
o In this case it is the duty of the courts to deny the petition for
reconstitution.
 A wrongly reconstituted CT – secured through fraud, misrepresentation,
- cannot be the source of a legitimate rights and benefits.
Administrative reconstitution of title
 This may only be done in case of substantial loss or destruction of land
titles due to fire, flood, or other force majure – as determined by the
ALRA.
o Provided that the number of lost or damaged titles should be at
least 10% of the total numer in the possession of the RD
 Provided further that in no case should the loss or damage
titles be less than 500.
Sources of administrative reconstitution
 Administrative Reconstitution may only be based on:
o Owner’s Duplicate CT
o Co-owner’s, mortgagee’s, or lessee’s duplicate of title.
Contents of Petition and Where to File
 The petition for reconstitution shall state the:
o Petitioner’s full name
o Address and other personal circumstances
o The nature of his interest in the property
o The title number of the certificate - accompanied by the source for
reconstitution and an affidavit of the registered owner - stating the
FF:
1. That no other deed or other instrument affecting the property
has been registered. If there are others then the:
a. Nature of the other instrument
b. Who the other parties are and
c. Whether the registration of such deed or instrument is still
pending accomplishment.
2. That the ODCT or Co-owners DCT is in due form and without
any intentional and apparent erasures
3. That the CT was in full force and effect at the time it was lost or
destroyed.
4. CT is covered by a declaration regularly issued by the Assessor’s
office
5. That the RE taxes have been fully paid up to at lesat 2 years
prior to the filing of the petition for reconstitution.
 If the reconstitution is to be made from any of the sources enumerated  To appeal the decision of the LRA Administrator – Go to the CA. –
in section 2b or 3b then the affidavit should further state that the through a PETITION FOR REVIEW.
owner’s duplicate certificate of title has been lost or destroyed.  If it to set aside the decision of a reconstitution officer – on the ground
o The RD shall reconstitute the certificate of title – if there is no valid of FAME – then it may be filed with the RTC.
reason to do so.
o 2b & 3b = The co-owner's, mortgagee's, or lessee's duplicate of the
certificate of title
Amendment and Alteration of Certificate of Title
 This petition may be filed with the RD by the registered owner, his
Grounds for Petition
assignees, or other persons – NATURAL OR JURIDICAL – having an
 No erasure, alteration, or amendment shall be made upon the
interest in the property.
registration book AFTER the entry of the certificate of title or of a
memorandum and the attestation of the RD EXCEPT:
Review of Decision of Reconstitution and remedy by the aggrieved party
o By order of the proper RTC – i.e. has jurisdiction over the land.
 The Land Registration Authority Administrator may review, revise,
 Who may file the petition:
reverse, modify or affirm any decision of the reconstituting officer or
o Registered owner
Register of Deeds.
o Other person having an interest in the registered property
o The LRA may even nullify the reconstituted certificate of title which
o In proper cases – the RD with the approval of the ALRA on any of
was issued.
the ff circumstances:
 It can even declare a title valid or invalid on its face.
1. When registered interests have terminated.
 The facts and findings that are made by the LRA – when
2. When new interests have arisen or been created which do not
supported by substantial evidence – shall be binding on the CA
appear in the certificate
 Because of this power of the LRA there is no more need for the
3. When any error, omission, or mistake was made in entering the
judicial declaration of fraudulently reconstituted titles.
certificate or any memorandum thereon or any DCT.
 Any appeal shall be filed within fifteen days from the receipt of the
4. When the name of any person in the certificate has changed
judgment or order by the aggrieved party
5. When the registered owner has married or marriage has
 Any interested party who by fraud, accident, mistake or excusable
terminated – and no right or interest of heirs or creditors will
negligence has been unjustly deprived or prevented from taking part in
be affected.
the proceedings may file a petition in the proper court to set aside the
6. When a corporation which owned the land is dissolved – and
decision and to reopen the proceedings.
the land has not been conveyed 3 years from its dissolution.
 The petition shall be verified and must be filed within sixty days after
7. When there is reasonable ground for the amendment or
the petitioner learns of the decision but not more than six months from
alteration
the promulgation thereof.
Extent and limitations of court’s Authority
 The court has no jurisdiction or authority to reopen the judgment or
decree of registration – nor impair the title or other interest of a
purchaser in GF and for value, his heirs and assignees – without his or
their written consent
 After due hearing the court may only
o Order the cancellation of a memorandum upon a certificate
o Order the cancellation of a memorandum upon a certificate
o Grant any other relief upon such terms and conditions, requiring
security or bond – if necessary.
Surrender of Duplicate Certificate of Title
Grounds for Petition
 Any interest may file a petition in the RTC to compel and surrender the
ODCT: - here the ODCT is surrendered to the RD
1. Where it is necessary to issue a new certificate of title pursuant to
any involuntary instrument – which divests the title of the
registered owner against his consent.
2. Where a voluntary instrument cannot be registered by reason of
the refusal or failure of the holder to surrender the owner’s
duplicate certificate of title.
3. Where the owner’s duplicate certificate of title is not presented for
amendment or alteration pursuant to a court order.
Actions by the Court
 After hearing the petition the court may:
o Order the registered owner of any person withholding the DCT to
surrender the same – and direct the entry of a new certificate or
memorandum upon such surrender.
o Order the annulment of the ODCT and the issuance of a new
certificate if the person does not want to surrender his certificate or
if for any reason the ODCT cannot be surrendered.
 The new certificate and all duplicates thereof shall contain a
memorandum of the annulment of the outstanding duplicate.
Remedy by motion
 A party may – by motion – ask the RTC to compel the holder of the DCT
to surrender it to the RD concerned for the registration of the deed of
sale - they may even ask for specific performance
 The remedy by motion could not apple where the principal action
involved has been terminated and already executed by levy or sold on
execution
 If you buy something from someone and they do not want to give you
the ODCT then you file a petition in court to compel surrender.
Replacement of Lost Duplicate Certificate of Title
 This is given by Sec 109 of PD 1529.
o In case of loss or theft of an ODCT – due notice under oath shall be
sent by the owner or by someone on his behalf by the RD of the
province or city where the land is located – as soon as the loss or
theft is discovered.
o If a duplicate certificate is lost or destroyed, or cannot be produced,
a sworn statement of the fact of such loss or destruction may be
filed by the registered owner or other person in interest and
registered a new DCT.
 This must be done after notice and hearing
 This will contain a memorandum of the fact that it is issued in
place of the lost DCT.
 The petition should be filed with the RTC
 o The notice of the petition should be sent to all persons interested in
the property as shown in the encumbrances annotated in the
original certificate on file with the RD.
o Notice by the petitioner to the OSG is not required
 Rather it is the duty of the RD which should request for the
representation by the OSG.
 Where the certificate was not really lost or destroyed – then there is no
need to file the petition – so any proceeding conducted is NULL AND
VIOD for lack of jurisdiction
o The issued duplicate is also void.
 The only issued to be resolved in a case for reconstitution of title are:
o Whether or not the certificate was lost
o Where the petitioner seeking the reconstitution is the registered
owner or a person in interest.