Professional Documents
Culture Documents
(d) Exercise executive supervision over (2) The Land Registration Commission shall
all clerks of court and personnel of have the following functions:
the Courts of First Instance
throughout the Philippines with (a) Extend speedy and effective
respect to the discharge of their assistance to the Department of
duties and functions in relation to Agrarian Reform, the Land Bank,
the registration of lands; and other agencies in the
implementation of the land reform
program of the government;
(b) Extend assistance to courts in BARANDA v GUSTILO
ordinary and cadastral land
registration proceedings; A notice of lis pendens, when the title is
involved in a civil case, the plaintiff will file
(c) Be the central repository of the notice of lis pendens to the RD and this
records relative to original
is usually annotated on the title. The effect
registration of lands titled under the
Torrens system, including of the notice of lis pendens is that it is a
subdivision and consolidation plans notice to everyone, that when you buy a
of titled lands. property with this notice, you take the risk
to the result of the case. You are bound by
This means that all original survey the outcome of the case such that when the
plans, subject matter of a land outcome of the case is against the seller,
registration proceedings, is stored in
then you are bound by it.
the LRA office.
This case is about the ministerial duty of the
2. Office of the Register of Deeds;
RD.
General Functions
BALBIN v RD of ILOCOS SUR
Section 10. General functions of Registers
of Deeds. Under Section 41 of PD 429, when there are
several owners with a parcel of land, the
The office of the Register of Deeds
owners may request for 1 title for all of
constitutes a public repository of records of
instruments affecting registered or them. But the co-owners may also request
unregistered lands and chattel mortgages in for a co-owners title but whenever there is
the province or city wherein such office is a voluntary transaction, all titles should be
situated. surrendered, otherwise the RD can deny.
It shall be the duty of the Register of Deeds Instances where RD may deny
to immediately register an instrument registration
presented for registration dealing with real When there are several copies of
or personal property which complies with all the title (co-owner’s duplicate) but
the requisites for registration. He shall see only one is presented with the
to it that said instrument bears the proper instrument to be registered. Where
documentary and science stamps and that there are several copies of the same
the same are properly canceled. If the title in existence, it is easy to see
instrument is not registerable, he shall how their integrity may be adversely
forthwith deny registration thereof and affected if an encumbrance, or an
inform the presentor of such denial in outright conveyance, is annotated
writing, stating the ground or reason on one copy and not on the others.
therefor, and advising him of his right to The law itself refers to every copy
appeal by consulta in accordance with authorized to be issued as a
Section 117 of this Decree. duplicate of the original, which
means that both must contain
identical entries of the transactions,
particularly voluntary ones, affecting
the land covered by the title. If this
were not so, if different copies were CHAPTER III (SECTIONS 14-38)
permitted to carry differing ORIGINAL REGISTRATION
annotations, the whole system of
Torrens registration would cease to
1. Application
be reliable.
NOBLEJAS v TEEHANKEE
REGISTRATION UNDER SEC. 14(1)
The function of the Administrator(belonging
to the Executive) under AO 649, the rank of Sec. 14(1): “Those who by themselves or
the administrator would be the same rank through their predecessor-in-interest have
as a judge in the CA. been in open, continuous, exclusive and
notorious possession and occupation of
alienable and disposable lands of the public
domain under a bona fide claim of
ownership since June 12, 1945, or earlier.”
Period of possession: Sps. Fortuna were Who may apply. The following persons may
unable to prove possession since May 8, file in the proper Court of First Instance an
1947 because according to the SC, even application for registration of title to land,
assuming that the lot is alienable and whether personally or through their duly
disposable, the fact remains that possession authorized representatives:
was insufficient.
(1) Those who by themselves or
3. Registration under the Indigenous through their predecessors-in-
People’s Rights Act (RA 8371) interest have been in open,
continuous, exclusive and notorious
possession and occupation of This used to be covered by a tracing cloth
alienable and disposable lands of the plan. The submission of the original tracing
public domain under a bona fide cloth plan is a jurisdictional requirement
claim of ownership since June 12,
which is mandatory in character. Failure to
1945, or earlier.
submit this is a ground for denial of
(2) Those who have acquired application. Lately, they used another kind
ownership of private lands by of material(diastole polyester film idk).
prescription under the provision of Either are acceptable. The original of this
existing laws. normally would be submitted to the LRA
since they are the official repository of all
(3) Those who have acquired documents and monuments of title
ownership of private lands or
pertaining to original registration. Although
abandoned river beds by right of
accession or accretion under the in a Circular way back in 2000, the LRA
existing laws. issued that a blueprint/whiteprint may be
submitted since the original would be
(4) Those who have acquired submitted to court.
ownership of land in any other
manner provided for by law. b. Filing of application for registration
by the applicant
i. What to file?
To the RTC or lower courts
Application for registration of title (under
Sec. 15 of PD 59) c. Setting of the date for the initial
hearing for the application by the
ii. Where to file? court
Regional Trial Court. IN certain cases, this The courts within 5 days of the receipt of
was delegated to first level courts where the application, they will set the case for initial
amount does not exceed P100,000 and hearing which would not be earlier than 45
there is no controversy over the land. Then days or later than 90 days from the date of
the MTC and other lower courts have the order setting the case for initial hearing.
jurisdiction to entertain application for
registration of title. Applicant will now have to comply with the
jurisdictional requirement (posting, mailing
iii. Steps to File (Page 142 of the book) and notices etc) During the Initial
Hearing
a. Survey of land by the Lands
Management Bureau or duly licensed d. Transmittal of the application and
private surveyor the date of initial hearing together
with all the documents or other
The purpose of this is to identify precisely
evidences attached thereto by the
the land which is the subject matter of the
Clerk of Court to the Land
registration. It is only the DENR through the
Registration Authority
Regional Director who can approve the
original survey plans (PD 239).
e. Publication of the notice of filing of l. Entry of the decree of registration in
the application and date and place the Land Registration Authority
of the hearing in the Official Gazette
and in a newspaper of general This is the time that the administrator
circulation signs the registration called an Entry.
f. Service by mailing of notice upon That date, you have to count the 1 year
continuous owners, occupants and period from there and after which, the
those known to have interests in the title becomes incontrovertible.
property m. Sending of copy of the decree of
g. Posting by the sheriff of the notice in registration to the corresponding
a conspicuous place on the land and Register of Deeds
in the bulletin board of the municipal n. Transcription of the decree of
building or city where the land is registration in the registration book
situated and the issuance of the owner’s
h. Filing of answer to the application by duplicate original certificate of title
any person whether named in the to the applicant by the RD, upon
notice or not payment of the prescribed fees.
Then if the Solicitor General would oppose, Which is an exact copy or the OCT itself will
then the filing of the answer. During the now be transmitted to the office of the
hearing, the OSG does not appear or Register of Deeds whom transcribes it in his
actively take part in the proceeding. They book of transcription. Then the title takes
are relying on the fact that the RP has this effect.
inherent power that the applicant has to
prove incontrovertibly that they are owners REPUBLIC v SANTOS
of the land. This is done usually on appeal,
Surveyor’s annotation does not prove that
the SC will have to decide if the applicant
the land is alienable and disposable. Since
has satisfied the requirements.
the land is not an accretion, the land may
i. Hearing of the case by the court be classified as A and D so now they can
j. Promulgation of judgment by the use the prescription of possession.
court
DREAM VILLAGE v BCDA
k. Issuance of an order for the
issuance of a decree declaring the Even if the land is considered as alienable
decisional final and instructing the and disposable, there has to be an
Land Registration Authority to issue expressed proclamation by the government
the decree of confirmation and (Executive department) stating that the
registration land is not intended for public use.
When this becomes final, the Court Even if the land was considered A and D
issues a decree which is addressed to and even considered as patrimonial
the administrator. property of the state, just the same it is
part of the Public Domain since it was
intended to the service of the development the latter sought original registration of the
of the national wealth. subject property. Moreover, the land
registration court must be assumed to have
iv. Survey of the Land carefully ascertained the propriety of issuing
a decree in favor of ALI's predecessor-in-
REPUBLIC v SARMIENTO interest, under the presumption of
regularity in the performance of official
The Survey plan was not approved by the functions by public officers. The court upon
Director of Lands. The SC has ruled that for which the law has conferred jurisdiction, is
the survey plan to be admissible for the deemed to have all the necessary powers to
registration, it isn’t enough to have the land exercise such jurisdiction, and to have
exercised it effectively. This is as it should
classified as A and D but there must be a
be, because once a decree of registration is
positive act from the government. made under the Torrens system, and the
time has passed within which that decree
Notwithstanding the weakness of the
may be questioned the title is perfect and
oppositor, the applicant has the burden of cannot later on be questioned.
proof to show that the land is A and D and In the case of two certificates of title,
the possession has satisfied the number of purporting to include the same land, the
years. earlier in date prevails. In successive
registrations, where more than one
CARPO v AYALA LAND certificate is issued in respect of a particular
estate or interest in land, the person
In original land registration cases, it is claiming under the prior certificate is
mandatory that the application should be entitled to the estate or interest; and that
accompanied by a survey plan of the person is deemed to hold under the prior
property applied for registration, duly certificate who is the holder of, or whose
approved by the Director of the Bureau of claim is derived directly or indirectly from
Lands. A survey plan without the approval the person who was the holder of the
of the Director of the Bureau of Lands has earliest certificate issued in respect thereof .
the character of being of dubious origin and SC: In all, we find that the CA committed
it is not therefore worthy of being accepted no reversible error when it applied the
as evidence. The property being claimed by principle "Primus Tempore, Portior Jure"
the defendant ALI, allegedly registered
(First in Time, Stronger in Right) in this case
under OCT No. 242, is shown to have been
surveyed under SWO and not bearing the and found that ALI's title was the valid title
approval of the Director of the Bureau of having been derived from the earlier OCT.
Lands. Any title issued emanating from a
survey plan without the approval of the 5. Publication, Opposition of and
Director of the Bureau of Lands is tainted Default (Section 23)
with irregularity and therefore void.
I. Notice of Initial Hearing
A survey plan is one of the requirements for
the issuance of decrees of registration, but DIR OF LANDS v CA AND ABISTADO
upon the issuance of such decree, it can
most certainly be assumed that said Petitioner: Publication in the Official
requirement was complied with by ALI's Gazette is necessary to confer jurisdiction
original predecessor-in-interest at the time upon the trial court and in a newspaper of
general circulation to comply with the notice DENR Secretary and certified as true copy
requirement of due process. by the legal custodian of the official records.
Abistado: Failure to comply with These facts must be established by the
publication in a newspaper of general
applicant to prove that the land is alienable
circulation is a mere "procedural defect".
The publication in the OG is sufficient to and disposable. The annotation of the
confer jurisdiction. Geodetic Engineer on the survey plan is
SC: The public shall be given notice of insufficient.
initial hearing of the application for land
registration by means of; REPUBLIC v CA and LAPINA
(1) publication,
(2) mailing and A foreign national may validly apply for
(3) posting. registration of title over a parcel of land
which he acquired by purchase while still a
A land registration is a proceeding in rem so citizen of the Philippines from a vendor who
the process must be strictly complied with. has complied with the requirements for
Why is there a need to publish in a
registration under the Public Land Act.
newspaper of gen circulation when there is
publication in OG, mailing and posting The moment you want to avail B.P 185, you
already? For due process, and because of
should be able to show that you have the
the reality that the OG is not as widely read
and circulated as newspapers and is intention to reside in the country
oftentimes delayed in its circulation, such permanently. RA 7042 amended RA 8179
that notices may not reach interested which is called National Incentive Law which
parties on time, if at all. Application for land allows a former Filipino who became a
registration is hereby dismissed, without citizen of another country, this time to
prejudice to reapplication in the future. acquire a private land after a maximum of
an area of 5,000 sq meters of urban land
II. Proof Required in Registration
and 3 hectares for rural lands for use for
Proceedings
business or other purposes.
REPUBLIC v DELA PAZ
III. Issuance of Decree
One must present a certificate of land
classification status issued by the REPUBLIC V NILLAS
Community Environment and Natural [re: no time limit for issuance of decree]
Resources Office (CENRO), or the Provincial
Environment and Natural Resources Office A decree shall be issued only after the
(PENRO) of the DENR. He must also prove decision adjudicating the title becomes final
that the DENR Secretary had approved the and executory, and it is on the basis of said
land classification and released the land as decree that the Register of Deeds
alienable and disposable, and that it is concerned issues the corresponding
within the approved area per verification certificate of title. But there is no time limit
through survey by the CENRO or PENRO. within which the court may order the
Further, the applicant must present a copy issuance of the decree.
of the original classification approved by the
In a land registration proceeding, a special Remedy: Go to the LRA and ask the
proceeding, the purpose is to establish a administrator to issue a decree of
status, condition or fact; it is the ownership registration. But according to the SC, you
by a person of a parcel of land that is should be able to show that indeed (1)
sought to be established. After ownership there is an order or decision in the said
has been proved and confirmed by judicial case; and (2) you should be able to show
declaration, no further proceeding to that order or decision to the LRA.
enforce judgment is necessary, except
when the adverse or losing party had been NOTE: Authenticity of order or decision
in possession of the land and the winning One way of cross-checking whether or not
party desires to oust him therefrom. the order or decision is authentic could be
for you to get copies from the official
Hence, upon the finality of a decision gazette.
adjudicating such ownership, no further
step is required to effectuate the decision (2) A decree of registration had been
and a ministerial duty exists alike on the issued but there is no showing that this
part of the land registration court to order decree has been transmitted to the office of
the issuance of, and the LRA to issue, the the Registry of Deeds (no showing that an
decree of registration. OCT had been issued);
Remedy: Ask the court to cancel the old
The failure on the part of the administrative decree and issue a new one. But the new
authorities to do their part in the issuance one that will be issued will be based on the
of the decree cannot oust the prevailing old decree. In other words, the title that will
party from ownership of the land. The be issued by the Register of Deeds will be
primary recourse need not be with the the title under the name of the original
courts, but with the LRA, with whom the applicant.
duty to issue the decree of registration
remains. There is no need for a revival of (3) There is already a decision that was
judgment. issued in the land registration court, then a
decree of registration had been issued, then
NOTE: Inapplicability of laches a title was transcribed in the Registry of
As a rule, neither laches nor the statute of Deeds, but the title was lost.
limitations applies to a decision in a land Remedy: Reconstitution of the OCT.
registration case. There is no time limit
within which the court may order the TING v HEIRS OF LIRIO
issuance of the decree. [re: when decision becomes final]
NOTE: Need for classification as A and In sum, the riparian owner of the registered
D land abutting upon the foreshore land has
Even though it is a government agency, you the preferential right to lease foreshore
have to classify the land as A and D. (CMU land.
v. Republic)
NOTE:
NOTE: Registration not always Riparian owner
available The term “riparian owner” embraces not
In so far as registration is concerned, what only the owners of lands on the banks of
might be legal might not be registrable. rivers but also the littoral owners, meaning
Because there are certain rules in the owners of lands bordering the shore of
registration. In other words, although one the sea or lake or other tidal waters.
may have a right over a property by virtue
of a proclamation in their favor, whether or