Pointers:

1. Aims of the Torrens System

1. Title to land should be acquired by registration;

2. Title to land should be, as far as possible, secure and indefeasible;

3. A purchaser should not need to go behind the register to investigate the “root” of the title;

4. The register should reflect as accurately as possible the true state of title to land so that persons who propose to deal with
land can discover all the facts relative to the tile;

5. The system for the transfer of land should be efficient, effective and simple; and

6. There should be an adequate compensation where an innocent purchase owner has suffered loss due to the operation of
the system.

2. General Legal Principles in Land Registration

1. The Booking - a change in real rights on an immovable property, especially by transfer, is not legally effected until the
change or the expected right is booked or registered in the land register;

2.The Consent - the real entitled person who is booked as such in the register must give his consent for a change of the
inscription in the land register;

3.The Publicity - the legal registers are open for public inspection; the published facts can be upheld as being correct by third
parties in good faith and can be protected by law; and

4.The Specialty - the concerned subject (owners and rights holders) and object (real property defined as a parcel) is
unambiguously and clearly identified.

3. Constitutional definition of public domain-

Section 3 Art XII 1987 Constitution: Lands of the public domain are classified into agricultural, forest or timber, mineral lands
and national parks. Agricultural lands of the public domain may be further classified by law according to the uses to which
they may be devoted. Alienable lands of the public domain shall be limited to agricultural lands. Private corporations or
associations may not hold such alienable lands of the public domain except by lease, for a period not exceeding twenty-five
years, renewable for not more than twenty-five years, and not to exceed one thousand hectares in area. Citizens of the
Philippines may lease not more than five hundred hectares, or acquire not more than twelve hectares thereof, by purchase,
homestead, or grant.

Taking into account the requirements of conservation, ecology, and development, and subject to the requirements of
agrarian reform, the Congress shall determine, by law, the size of lands of the public domain which may be acquired,
developed, held, or leased and the conditions therefor.

4. Reconveyance - A legal and equitable remedy granted to the rightful land owner of land which has been wrongfully or erroneously
registered in the name. This is the Remedy if buyer was in bad faith.

5. Caveat Emptor - The rule of caveat emptor requires the purchasers to be aware of the supposed title of the vendor and one who
buys without checking the vendor’s title takes all the risks and losses consequent to such failure. Possession by people other than
the vendor without making inquiry, cannot be regarded as bona fide purchaser in good faith. (Dacasin v. Court of Appeals, GR No. L-32723,
Oct 28, 1977, Roxas v. Court of Appeals, GR No. 138660, February 5, 2004).

6. Ancestral Domains - Subject to Section 56 hereof, refer to all areas generally belonging to ICCs/IPs comprising lands, inland
waters, coastal areas, and natural resources therein, held under a claim of ownership, occupied or possessed by ICCs/IPs,
themselves or through their ancestors, communally or individually since time immemorial, continuously to the present except
when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or
any other voluntary dealings entered into by government and private individuals, corporations, and which are necessary to ensure
their economic, social and cultural welfare. It shall include ancestral land, forests, pasture, residential, agricultural, and other
lands individually owned whether alienable and disposable or otherwise, hunting grounds, burial grounds, worship areas, bodies
of water, mineral and other natural resources, and lands which may no longer be exclusively occupied by ICCs/IPs but from which
their traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs/IPs who are
still nomadic and/or shifting cultivators;

7. Ancestral Lands - Subject to Section 56 hereof, refers to land occupied, possessed and utilized by individuals, families and clans
who are members of the ICCs/IPs since time immemorial, by themselves or through their predecessors-in-interest, under claims
of individual or traditional group ownership, continuously, to the present except when interrupted by war, force majeure or
displacement by force, deceit, stealth, or as a consequence of government projects and other voluntary dealings entered into by
government and private individuals/corporations, including, but not limited to, residential lots, rice terraces or paddies, private
forests, swidden farms and tree lots;
8. For East Silverlane Realty case- the 30 years period of prescription for purposes of acquiring ownership and registration of public
land only begins from the moment the state expressly declares that the property is no longer intended for public use and has
been converted to patrimonial property

9. For Malabanan case- Talks about acquisitive prescription, court ruled that Malabanan has not acquired property thru prescription
because there is no evidence that the property is no longer intended for public use

A.Difference of Section 14(1) and Section 14(2)

- For 14(1), reconizes the rights of ownership if their predecessor in interest have been in Open, Continuous, Exclusive
and Notorious possession. Thus, there is an express declaration and is already alienable and disposable, while 14(2)
for prescription to happen, there must be an express government manifestation that the property is already
patrimonial and no longer retained for public use

B. Case Ruling:

1.Sec. 14 (1) is unsatisfied as the earliest tax declarations presented was 1948. No other substantive evidence was presented.

2.Sec. 14 (2) is also unsatisfied as the subject property was declared as alienable or disposable in 1982, there is no competent
evidence that is no longer intended for public use service or for the development of the national evidence, conformably
with Article 422 of the Civil Code

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

11. Documentary requirements for registration of sale-

A. Compliance with the essential requirements of a contract
B. Observance of the Formal requirements of a public instrument
C. Submission of supporting documents for certain transactions before registration as provided by special law
D. performance of the Jurisdictional requisites for registration

12. Buyer in good faith- Exception to indefeasibility, innocent purchaser for value and the title was obtained thru fraud but the
purchaser was in good faith, the remedy ist o to tothe Register of Deeds and Damages + Falsification of Public Document

Section 44. Statutory liens affecting title. Every registered owner receiving a certificate of title in pursuance of a decree of registration,
and every subsequent purchaser of registered land taking a certificate of title for value and in good faith, shall hold the same free from all
encumbrances except those noted in said certificate and any of the following encumbrances which may be subsisting, namely:

First. Liens, claims or rights arising or existing under the laws and Constitution of the Philippines which are not by law required to
appear of record in the Registry of Deeds in order to be valid against subsequent purchasers or encumbrancers of record.

Second. Unpaid real estate taxes levied and assessed within two years immediately preceding the acquisition of any right over the land
by an innocent purchaser for value, without prejudice to the right of the government to collect taxes payable before that period from the
delinquent taxpayer alone.

Third. Any public highway or private way established or recognized by law, or any government irrigation canal or lateral thereof, if the
certificate of title does not state that the boundaries of such highway or irrigation canal or lateral thereof have been determined.

Fourth. Any disposition of the property or limitation on the use thereof by virtue of, or pursuant to, Presidential Decree No. 27 or any
other law or regulations on agrarian reform.

13. Titling-
Other important stuff:

14. Purpose of the Torrens System in General

A.To provide security of ownership and protect an owner against being deprived of ownership

B.Provide facility of transfer. This means, a purchaser, is able to acquire ownership easily, quickly, cheaply and safely.

15. DENR- Responsible for land classification, land survey and titling of public land

16. Land Registration Authority- Assist court in titling private lands and issues of registration

17. Registrars of deed- CLOA and CADT/C

18. Regalian Doctrine- all lands of public dominion and all other natural resources are owned by the State and all lands not otherwise
clearly appearing to be privately owned are presumed to belong to the State.

19. Land Classification- Agricultural lands, Forest or timber lands, Mineral lands and National Parks

20. Free Patent- is the acquisition of public lands by means of an administrative confirmation of imperfect title. It is intended to
legalize the land rights of Filipinos who are found to be occupying and cultivating such lands for a certain period of time

21. Land patent- is an exclusive land grant made by a sovereign entity with respect to a particular tract of land.

22. Alienable and Disposable- refer to those lands of the public domain which have been the subject of the present system of
classification and declared as not needed for forest purposes.

23. For Prescription- Open, Continuous, Exclusive and Notorious possession

24. Tax Declarations- Not conclusive evidence of ownership, but good indicia of possession in the concept of an owner

25. Land Administration – refers to the processes of recording and disseminating information about the ownership, value and use of
land and ist associated resources

26. Good land administration system should have the following: Land survey and mapping, land adjudication, land registration and
cadaster

27. Public Land Application procedure:

1. Survey of the Land

2. Filing of Application (CENRO)
3. Examination of the Applicant for Personal Qualification to own public land
4. Examination and Inspection of the Land
5. Approval of application
6. Approval and Signing of the Patent
7. Transmission to the Register of Deeds of the Patent by the Approving Officer

28. Emancipation Patent- The legal instruments that secure the ownership and tenure of the farmers to the land, issued under
Presidential Decree 27 and the Certificate of Land Ownership Awards (CLOAs), distributed under RA 6657, EP and CLOA
certificates of title should be treated as evidence of ownership of property in favor of the person whose name appears on it.
They should enjoy the same indefeasibility and security afforded to all titles under the Torrens system provided under
Presidential Decree No. 1529.

29. Registration of Deeds takes place when a deed or instrument affecting land is made of public record after the date of its original
registration.