LAND TITLES AND DEEDS E: represents the nature, extent, degree and quantity of the person’s

Atty. Jeffrey Jefferson Y. Coronel interest…

_______________________________________________________
> HISTORY:
William the conqueror - nomadic > KINDS OF ESTATE:
- introduce private land ownership 1. FREE HOLD ESTATE
Spanish Era a. fee simple - absolute estate in perpetuity (condition prior to
- jura regalia the award of the property to you)
b. fee tail - pass title from grantee to his heirs, the interest of
Exn: Carillo v. Insular - not all the property in the Philippines were the grantor being to keep the property the grantee’s line of issue
subject to the Spanish concept of jura regalia; hence, there are private (adapted from England)
properties that time c. Life estate - held for some duration of the life of the grantee
(e.g. a property will be usufruct to you while you are living)
Land Registration Act of 1902 2. LESS THAN FREEHOLD SYSTEM
a. estate for years
> Land Title - refers to upon which the ownership is based b. tenancy from period to period
c. Tenancy at will - where a person is permitted to occupy the
> KINDS of TITLE: land of another without any stipulation as to period, but wither party,
1. equitable - actual enjoyment/ use of property ( when use of the reserves the right to terminate the occupation at any time.
property is given by way of a contract of lease; tenant uses it but
owner retains ownership) NOTE: No one can convey a greater right than what he has
2. Legal Title
> DEED - A written instrument executed in accordance with law,
> Ownership v. Possession wherein a person grants or conveys to another certain land, tenements
O: or hereditaments.
P: may signify the outward evidence of title but not necessarily the title
itself (What is possession? It is the actual holding of a things and the Requirements:
enjoyment of the right) 1. Grantee
2. Grantor
> Title v. Color of Title 3. words of grant
T: 4. description of the property involved
C: resemblance or appearance of ownership but still falls short of title 5. Signature of the grantor
in the legal sense. 6. at least two witnesses
e.g. he possesses the property but he is not the registered owner 7. notarial acknowledgment

> Land Title v. Estate Note as regards to the laws applicable on real property: Article 16, CC

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Note: also Article 712, CC
MODES OF ACQUISITION OF OWNERSHIP
1. original
2. Derivative - transfer
how is ownership acquired? OCCUPATION
Certificate of Land Ownership Award - DENR
Certificate of Ancestral Domain Title (RA 8371) - NCIP
article 1498, CC
Article 1398, CC
Article 1403, CC
> Register of Deeds - issuing authority
- this includes the registration of chattel mortgage
> Important Documents:
1. Deed of Conveyance
2. Tax declaration
CASE: DALION V. CA
- The provision of 1358, CC on the necessity of. Public document is
only for convenience, not for the validity or enforceability. It is not a
requirement for the validity of a contract of sale of a parcel of land
that this be embodied in a public instrument.
- who has jurisdiction for actions for specific performance? NOTE:
RTC HAS JURISDICTION OVER ACTIONS INCAPABLE OF
PECUNIARY ESTIMATION (conferred by law)
- RTC (why?) all land registration cases are under the jurisdiction,
however if it is 100k below it can be delegated…
> TITLE REGISTRATION SYSTEM (Torrens System)
- the state provides a public record of the title itself upon which a
prospective purchaser or someone interested may rely
- aims at presenting the prospective purchaser or mortgage the net
result of all the previous dealings with the property
- RECORDING - provides for the recording of deeds conveyance and
other instruments
> SYSTEM OF REG:
1. Spanish (abolished and made to register under the Land
Registration Act)
2. Torrens
Note: the laws implementing land registration
PD 1529 Property Registration Decree
> LAND REGISTRATION - judicial or administrative proceeding
whereby a person’s claim…
“in rem” - it binds the whole world, known or unknown
PURPOSE:
1. to issue a certificate of title shall be the best evidence of his
ownership of the land described therein (Lee Tek Sheng)
2. to give the registered owner peace of mind
3. to relive the land of unknown claims
4. to quiet title to land and stop forever any question as to the legality
of said title (Legarda v. Saleeby)
5. to avoid conflicts of title (Tiburcio v. PHHC)
6. to guarantee the integrity of land titles and to protect the
indefeasibility of land titles (
“registration does not vest ownership over a property, but may be the
best evidence thereof”
What happens if you register something that ought not to be
registered?
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NO LEGAL EFFECT “surplusage”
>TWO TYPES OF TORRENS:
1. Original certificate of title
2. Transfer Certificate of Title
06. 30. 18.
Purposes of Land Registration:
1. Lee Tek Sheng v. Ca - Placing a parcel of land under the mantle of
the Torrens System does not mean that ownership thereof can no
longer be disputed. Ownership is different from a certificate of title.
The TCT is only the best proof of ownership of a piece of land.
- a certificate of title cannot be collaterally attacked; only the ownership
can be subject to question
2. Republic v. CA, A and A Torrijos - is the reconstitution proper? NO.
Purpose: To give every registered owner complete peace of mind.
(if you would allow the reconstitution of the title that is already
existing, then the purpose of the Torrens system would be defeated
because there will be two titles)
3. Roxas v. Enriquez - proceeding in rem (personal notice not a
requirement for registration)
4. Legarda v. Saleeby - in cases of two certificates of title covering the
same land, the holder of the earlier title owns the land (check the
date in lower left part of the title —— the date of the registration)
5. Tiburcio v. PHHC - there are no annotations in the title. Hence, they
have no valid claim (petitioner)
6. Lacbayan v. Samoy - the certificate of title cannot be collaterally
attacked, it is the TITLE itself
SO HOW TO ATTACK? article 148, NCC - with legal
impediment
- violence against women and children (economic abuse)
> Stages of Development of the Legal System for Transferring Titles
1. Production and delivery of deed by grantor to grantee without
registration
2. deed of conveyance is recorded to bind third persons
3. Registration of title
TORRENS SYSTEM - a system for registration…
- developed by an Irish man (Robert Richard Torrens - from the
principles of registration and transfer of ships)
- introduced in the Philippines by Act 496, amended by the PD 1529
- note: sec. 14, the tests…
1. Whether the description of the land is definite and clear;
2. Applicant - undisputed possession
3. Rightfully entitled
4. no other claimants (“notorious”)
- upon the passing of the tests, a certificate of title will be
issued.
CERTIFICATE OF TITLE - indefeasible
PURPOSE:
1. to avoid possible conflicts of title regarding real property.
2. to facilitate transactions relative thereto by giving the public the
right to rely upon the face of Torrens certificate and to dispense
with the need of inquiring further except when the party concerned
has actual knowledge of facts and circumstance that should imply
a reasonably cautious man to make such further inquiry.
3. serve as constructive notice
4. prevent fraudulent claims
effects of the issuance of title:
1. the land is placed under the Torrens system
2. land is relived from all claims except those noted Thereon and
provided by law
3. Non-prescriptible
4. the land become incontrovertible and indefeasible (the ownership
can be disputed)
5. not subject to a collateral attack (must be directly attacked)
“registration not equivalent to legal title”
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7. Lu v. Manipon - Lu was a buyer in bad faith, hence, the sale is not
valid. Manipon has a better right to the property.
Torrens System - you generate a system of recording of evidence
new title; the other title will be of title
cancelled and a new one will be - mere annotation
issued - does not guarantee a title
- guarantees the title
- they will also have all the
documents supporting the new
title
8. Capitol Subdivisions Inc v. Province of Negros Occidental
- the capital subdivision is a buyer in good faith
- the best evidence of the consummation of the expropriation
proceeding is with the Register of Deeds
“REGISTRATION” - Registration, as defined by Soler and Castillo,
means any entry made in the books of the registry, including both
registration in its ordinary and strict sense and cancellation, annotation,
and even marginal notes (Cheng v. Genato)
Republic v. Guerrero
actual or constructive. Actual or positive fraud proceeds from an
intentional deception practiced by means of the misrepresentation or
concealment of a material fact. Constructive fraud is construed as a
fraud because of its detrimental effect upon public interests and public
or private confidence, even though the act is not done with an actual
design to commit positive fraud or injury upon other persons.
Fraud may also be either extrinsic or intrinsic. Fraud is regarded as
intrinsic where the fraudulent acts pertain to an issue involved in the
original action, or where the acts constituting the fraud were or could
have been litigated therein. The fraud is extrinsic if it is employed to
deprive parties of their day in court and thus prevent them from
asserting their right to the property registered in
the name of the applicant.
Curtain Doctrine - "she is not required to go beyond the face of the title
in verifying the status of the subject property at the time of the
consummation of the sale and at the date of the sale.” (Nobleza v.
Nuega) === “oversearching"
Insurance Principle - if a title is duly registered, it is guaranteed by the
State. One can claim damages…
Quiz: (07-07-18)
1. Which of the following is the most similar to transactions under the
Torrens System? the reconveyance of ships
2. the main and distinct feature of the Torrens system is… the
recording of muniments or evidences of Title
3. Curtain Principle - the principle that one does not need to go
behind the Certificate of Title as it contains all the information about
the title
4. Mirror Principle - a principle in land registration that states that the
current status of ownership over property can be seen in the
Certificate of Title
exemption:
1. Where a person is entering into a contract through someone
who is not the registered owner; and
2. When the party has actual knowledge of facts and
circumstances that would impel a reasonable cautious man to
make such impute or when the purchaser has knowledge of a
defect or the lack of title in his vendor.
5. Modes of Registering Title: Judicial (Court) and Administrative
(CENRO/PENRO - then forwarded to the DENR)
Advantages of the system:
1. it abolishes endless fees
2. it eliminates repeated examinations of title
3. it reduces records enormously
4. it instantly reveals ownership
5. it eliminates almost absolutely the possibility of fraud
4

agencies implementing the registration of the Torrens system
1. court
2. DENR
3. DOJ through the land Registration Authority and its Register of
Deeds
4. Department of Land Reform
5. Department of Agriculture
Q: Cesar bought a condominium and paid the full price in full. He was
not given title thereto. Thereafter, the condominium company mortgage
the said condominium to the Metrobank, then, they defaulted - the
Bank won as the highest bidder.
Cesar sought to annul the foreclosure sale insofar as his unit was
included. Metrobank states that the title given by the High Rise Co. is
clean.
Are they a mortgagee and purchaser in good faith? Is their defense
tenable?
A: NO. The bank is expected as a standard operation procedure to
have an ocular inspection. There are occupants who have rights and
interests over the said condominium which should be respected.
______________________________________________
REGALIAN DOCTRINE
Imperium - the government authority possessed by the state which is
appropriately embraced in the concept of sovereignty;
Dominium - capacity to acquire property
(Lee Hong Kok v. David)
WHAT IS AN EXEMPTION TO THE THEORY OF JURA REGALIA?
- native title (“Regalian theory does not negate native title to lands
held in private ownership since time immemorial, adverting to the
landmark case of Cariño v. Insular Government”)
07.21.18. Quiz:
1. Judicial proceedings for the registration of lands throughout the
Philippines shall be in rem and shall be based on the generally
accepted principles underlying the Torrens System.
RTC - the venue to file the registration
- jurisdiction is plenary
- Which RTC? where the property is located
- how about a land in Samal? where to register? in RTC Panabo, as
provided by law
2. LAND REGISTRATION AUTHORITY- agency of the government
charged with the execution of laws relative to the registration of lands
and under the executive supervision of DOJ (Renato Bermejo)
3. REGISTER OF DEEDS - the public repository of records of
instruments affecting registered or unregistered lands and chattel
mortgages in the province or city wherein such office is located (SEC.
10)
Case: Ricardo Cheng v. Genato
- is Cheng a buyer in bad faith? YES, Cheng knew that Genato has a
previous arrangement with the Sps. Jose. They saw each other at
the Register of Deeds.
- What is the effect of bad faith on Cheng? THE CONTRACT IS
VOID.
BARANDA V. GUSTILLO - what is the nature of the work of the
Register of Deeds? It is not proper for the Register of Deeds to file for
a motion on reconsideration, because, its work is purely ministerial…
In case of doubt in the registration of land, they should confer the
question to the LRA.
ALMIROL V. REGISTER OF DEEDS OF AGUSAN
- will the Register of Deeds register the said property?
- NOTE: the disputed property here is a conjugal property; the wife
died prior to the sale without the properties being liquidated
- ROD denied registration.
- Almirol filed a mandamus against ROD.
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 WHAT IF YOU HAVE A PROPERTY IN MAKATI? and you sold it to
Modes of Acquiring Property: one in Cebu, IS THERE A NEED THAT THE DEED OF SALE BE
1.Title by public grant – conveyance of public land by EXECUTED IN MAKATI?
NO! As long as the parties are both in the presence of the notary
government to a private individual

public… (Okay lang kahit sa Davao)
2.Title by acquisitive prescription – open, continuous,
exclusive, notorious possession of a property 3.Title by
accretion – alluvion
 READ BP 29, sec. 24
4.Title by reclamation – filling of submerged land by deliberate
act and reclaiming title thereto; government
 LAND REGISTRATION AUTHORITY
5.Title by voluntary transfer – private grant; voluntary execution
of deed of conveyance
 FUNCTIONS OF THE COMMISSIONER:
6.Title by involuntary alienation – no consent from owner of 1. Issue decrees of registration
land; forcible acquisition by state 2. resolve cases elevated en consulta (appellate)
7.Title by descent or devise – hereditary succession to the 3. Verify and approve subdivision
estate of deceased owner 4. Implement all orders, decision, and decrees
8.Title by emancipation patent or grant – for purpose of 5. act as clerk of court in land registration proceedings
ameliorating sad plight of tenant-farmers; not transferable
REGISTER OF DEEDS -
except by hereditary succession
————————————————————
- he should have requested an extrajudicial settlement to perfect the 08.04.18.
registration of the land in the name of the heirs (note: the ownership
of the land is automatically transferred to the heirs upon the death) I. by public grant - until intestate estate of don Mariano v san pedro

INSTANCES WHEN THE ROD CAN DENY THE REGISTRATION: II. by acquisitive prescription
1. when the documents is not verified and notarized; - prescription - possessor of land who may not be the owner,
2. where the voluntary instruments bears in its face infirmity; after the lapse of a certain period, but may acquire the same…
3. Where there is more than 1 copy of the owner’s duplicate a. extinctive
certificate of title and not all such copies are presented to the b. Acquisitive
Register of Deeds;
4. Where the validity of the instrument sought to be registered is in
- CA 141, SEC. 48 - OCEN possession
issue in pending court suit. (Balbin v. Register of Deeds)
PRESCRIPTION LACHES
*NOTARIZATION

6
may be either acquisitive or always extinctive
extinctive
Gaano katagal ang delay? Bakit nagkadelay?
a question of time a question of equity in permitting the
claim to be enforced
PRESCRIPTION WILL NOT LIE AGAINST…
1. when covered by a Torrens title;
2. Inalienable public lands;
3. co-ownership - with respect to co-owners (there should be
repudiation) = this also applies with express trusts;
4. Action for quieting of title (as long as you are in occupation)
III. ACCRETION - when soil and earth, weeds and other deposits are
washed away from other places and gradually settle down and attach
themselves to one’s land that used to border on a stream or local body
of water (Quiz)
* Registration does not protect the riparian owner against diminution of
land through accretion.
* Requisites:
1. that the deposition of soil or sediment be gradual and
imperceptible;
2. that it be the result of the action of the waters of the rivers;
3. that the land where accretion takes place is adjacent to the
banks of rivers (New Regent Sources, Inc. v. Tanjuatco)
IV. RECLAMATION - suggests the filling of submerged land by
deliberate act and reclaiming title thereto; however, in the Philippines,
only in the government can assert the title to reclaimed land
Q: Queensland being reclaimed by Adarna; is he allowed?
A: Only the government is allowed, thru the Public Reclamation
Authority
>> CHAVEZ V. PEA AND AMARI - the submerged lands cannot be
subjected in to MOA that such will be automatically registered under
the name of Amari.
V. Voluntary transfer
a. onerous
b. Gratuitous
VI. Involuntary Alienation
a. by the government: eminent domain; escheat; tax sale to satisfy
unpaid taxes
b. by private individuals: execution of sale
what is pactum commissorium?
c. cadastral proceedings (kinds of original registration)
- initiated by the government, to adjudicate ownership of land
VII. BY DESCENT OR DEVISE -
by decscent, title may be acquired by virtue of hereditary succession to
the estate of the deceased owner and requires a certain degree of
relationship; (transfer of land by testate or intestate succession; by
descent means an heir succeeds the decease owner in intestacy by
reason of certain relationship which entitles him to succeed by
operation of law.)
by devise, succession need not be in favor of a relative. Even a
stranger may acquire title if appropriate disposition has been made in
his favor by the testator in the lathers will. (means a person, not a
relative to the owner, acquires the land when he is named in his last
will and testament)
VIII. BY EMANCIPATION GRANT OR PATENT
RA 27 - corn
RA 6657 - CARL (encompassing)
Who cannot acquire public lands? CORPORATIONS
7
QUIZ: 08.11.18.
1. The 1987 Constitution of the Philippines, the supreme law of the
Philippines stipulates that lands of the public domain are classified
into: agricultural, forest, mineral, national parks
2. True or false. a corporation sole or a juridical person is disqualified
to acquire or hold alienable lands of the public domain, like the two
lots in question, because of the constitutional prohibition already
mentioned and because the said church is not entitled to avail itself
of the benefits of section 48 (b) which applies only to Filipino
citizens or natural persons. TRUE
3. True or False. It is elementary in the
CA 141 - ADMINISTRATIVE IN NATURE - limit up to 12 hectares
GOOD FAITH - Civil code definition
JUST TITLE - civil Code definition
Possession
What must an applicant prove?
1. That the land applied for has been declassified and is a public
agricultural land…
- if the land is not alienable and disposable, even if registered,
the registration is void.
HOW IS THE REQUISITE SATISFIED? The applicant must
present a certification and report from the DENR-CENRO stating that
the land is alienable and disposable (REPUBLIC V. RIZALVO) … that the
land has been declassified (note: when declassified?)
other specific evidence:
1. President proclamation
2. executive order
3. Administrative order issued by the Secretary of DENR
4. Bureau of Forest Development Land Classification Map
5. Certification by Director of Forestry
6. Investigation reports of Bureau of Land investigators
7. Legislative act or by statute
Section 14. Who may apply. The following persons may file in
the proper Court of First Instance an application for
registration of title to land, whether personally or through their
duly authorized representatives:
(1) Those who by themselves or through their predecessors-in-
interest have been in open, continuous, exclusive and
notorious possession and occupation of alienable and
disposable lands of the public domain under a bona fide claim
of ownership since June 12, 1945, or earlier.
(2) Those who have acquired ownership of private lands by
prescription under the provision of existing laws.
(3) Those who have acquired ownership of private lands or
abandoned river beds by right of accession or accretion under
the existing laws.
(4) Those who have acquired ownership of land in any other
manner provided for by law.
2. Identity of Land
- survey plan in general
- Tracing cloth plan and blue print copies of plan in application for
judicial confirmation of titles, the submission of original tracing of
cloth plan of the land approved by the Director of Lands is a
statutory requirement of Mandatory character (director of lands v
Reyes)
Statutory requirement cannot be waived either expressly of
impliedly (director of lands v heirs of tesalona)
- Technical description of the land
- tax declarations
- Boundaries and area
3. Possession and occupation of the applicant
8
tax declarations - 1. a substantial change in the boundaries;
2. an increase in area of the land applied for;
WHY JUNE 12, 1945 - 3. which involve the inclusion of an additional land…
Shall be subject to the same requirements of publication and notice as
Question about Erich… in an original application… (without this, the court will not have
jurisdiction) - Benin v Tuason

PROOF OF PRIVATE OWNERSHIP: Sec 25

1. Spanish title, in pending cases (sec. 3, titulo propriedad - note the *Oppositor to an application need not be named in the notice of initial
6 months from the effectivity of the PD) hearing
2. President issuances and legislative acts - fee simple Who can be oppositors? (CP)
3. other kinds of proof 1.
testimonial evidence 2.
*pacte de retro - right of repurchase
Question of Bogey: answer (D) the Court will grant the motion and
Persons: require Bogey to present evidence
1. vendor a retro
2. Trustee What is the remedy of a defaulted oppositor? (CP)
- amend the petition
RA 9176

___________________________ 08. 25. 18 HEARING:

JUDICIAL CONFIRMATION Section 27. Speedy hearing; reference to a referee. The trial court
Sec. 15 - requirements (take note) shall see to it that all registration-proceedings are
disposed or within ninety days from the date the case is submitted for
Sec 22 decision,
TYPES OF ACTION: The Court, if it deems necessary, may refer the case or any part
1. ACTION IN REM - cadastral proceedings “to whom it may concern” thereof to a referee who shall hear the parties and their evidence, and
2. ACTION IN PERSONAM - Ching v. CA the referee shall submit his report thereon to the Court within fifteen
days after the termination of such hearing. Hearing before a referee
Sec 23 may be held at any convenient place within the province or city as may
PURPOSE OF PUBLICATION: be fixed by him and after reasonable notice thereof shall have been
1. To confer jurisdiction over the land applied for upon the court; served the parties concerned. The court may render judgment in
2. to charge the whole world with knowledge of the application of the accordance with the report as though the facts have been found by the
land involved judge himself: Provided, however, that the court may in its discretion
what about republication? Amendments which shall consists in:
9
accept the report, or set it aside in whole or in part, or order the case to Q: Is a condominium unit a land? NO. It is a share of stock in a
be recommitted for further proceedings: condominium corporation. There is no title thereto, only a certificate.

Sec. 27 - usually referees are geodetic engineers

who can acquire land?

1. filipino citizens
2. Filipino associations and corporations
3. Aliens, in cases of hereditary successions
EXN:
1. Acquisition prior to 1935 constitution
2. Purchase by formal natural born Filipinos who acquired foreign
citizenship and granted dual citizenship can purchase up to 1,000
(now 5,000) square meters of residential land and 1 hectare of
agricultural and farm land.

INDIVIDUAL APPLICANTS - only Filipino individuals

Exn: note: Foreigners can own up to 40% of a condominium project

Section 3, Article 12, 1987 Constitution

- agricultural lands of the public domain may be further classified by
law according to the uses to which they may be devoted. (e.g.
CARL)

kind of land Filipino citizens 60% filipino owned

corporations

Private lands NO NO

Section 7, Article 12, 1987 Constitution

Save in cases of hereditary succession…

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