CHAPTER 1: BACKGROUND, BASIC CONCEPTS & GENERAL PRINCIPLES

LAND TITLE – evidence of the owner’s right or extent of interest, by which he can
maintain control and as a rule assert right to exclusive possession and enjoyment
of property

DEED – instrument in writing by which any real estate or interest therein is created,
alienated, mortgaged or assigned or by which title to any real estate may be
affected in law or equity

Contents:
1. Grantor 4. Description of Property
2. Grantee 5. Signature of grantor
3. Words of grant 6. Witnesses

LAND TITLES TYPES

1.
OF ESTATES:

FREEHOLD ESTATE – indicates title of ownership

AND DEEDS a.

b.
Fee simple – absolute title; conferred without
qualification or restriction
Fee tail – pass title to grantee & his heirs
limitation,

c. Life state – held for duration of life of grantee

2. LESS THAN FREEHOLD ESTATE – a right short of title

a. Estate for years – lease for a period agreed upon, lessor retains
ownership of land
b. Tenancy from period to period – lease running from month to
month or year to year with automatic renewal
c. Tenancy at will – person is permitted to occupy land of another
without stipulation as to period

3 STAGES OF DEVELOPMENT OF LEGAL SYSTEM OF TRANSFERRING TITLES:

1. Production & delivery of deed by grantor to grantee without registration

2. Recording of deed of conveyance to bind 3rd persons
3. Registration of title
REGISTRATION guarantees the title but RECORDING does not; need to examine other
docs

PURPOSE OF REGISTRATION:

1. Serve as constructive notice

LAND TITLES 2. Prevent fraudulent claims

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3. Protect interest of strangers to transaction PURPOSE OF TORRENS LAW: quiet title to land – once registered, owner might rest
secure
MODES OF ACQUIRING LAND TITLES:
Persons Bound When Title Not Registered:
1. Title by public grant – conveyance of public land by government to a
private individual 1. Grantor
2. Heirs & devisees
3. Persons with actual notice
2. Title by acquisitive prescription – open, continuous, exclusive,
notorious possession of a property
PROCEDURE IN LAND REGISTRATION CASE:

3. Title by accretion – alluvium 1. Survey of land by Bureau of Lands or duly licensed private surveyor
4. Title by reclamation – filling of submerged land by deliberate act and 2. Filing of application for registration by applicant
reclaiming title thereto; government 3. Setting of date of initial hearing of application by RTC
4. Clerk of court to transmit to Land Registration Authority (LRA) the
5. Title by voluntary transfer – private grant; voluntary execution of deed application, date of initial hearing & other pertinent docs
of conveyance 5. Publication of notice of filing of application, date & place of hearing
– in OG and in newspaper of general circulation
6. Title by involuntary alienation – no consent from owner of land; forcible 6. Service of notice – contiguous owners, occupants & those who have
acquisition by state interest in property
7. Filing of answer or opposition to application
8. Hearing of case by RTC
7. Title by descent or devise – hereditary succession to the estate of
9. Promulgation of judgment by court
deceased owner 10. Issuance of decree by RTC – decision; Instruct LRA to issue decree
of confirmation & registration
8. Title by emancipation patent or grant – for purpose of ameliorating 11. Entry of decree of registration in Land Titles Administration
sad plight of tenant-farmers; not transferable except by hereditary 12. Sending of copy of decree to Register of Deeds (ROD)
succession 13. Transcription of decree of registration in registration book &
issuance of the owner’s duplicate original certificate of title of the applicant
Chapter 2: TORRENS SYSTEM – ORIGIN, NATURE & GENERAL CHARACTERISTICS by the LRA - upon payment of prescribed fees

ADVANTAGES: CHAPTER 3: APPLICATION IN ORDINARY REGISTRATION PROCEEDINGS

1. Abolishes endless fees WHO MAY APPLY:

2. Eliminates repeated examination of titles
3. Reduces records enormously 1. Those in open, continuous, exclusive, notorious possession of
4. Instantly reveals ownership patrimonial property of state under bona fide claim of ownership since
5. Protects against encumbrances not noted on the Torrens certificate June 12, 1945 or earlier
6. Makes fraud almost impossible 2. Those who acquired ownership of private land by prescription
7. It assures. 3. Those who acquired ownership of private lands by right of accretion
8. Keeps up the system without adding to burden of taxation; system’s 4. Those who acquired ownership in any manner provided for by law
beneficiaries pay the fees
9. Eliminates tax titles LIMITATION TO OWNERSHIP OF LAND BY CORPORATION:
10. Gives eternal title as state ensures perpetuity
11. Furnishes state title insurance rather than private title insurance 1. PRIVATE LANDS
12. Makes possible the transfer of titles or loans within hours instead
days a. At least 60% Filipino to acquire private land
b. Restricted as to extent reasonably necessary to enable it to
carry out purpose which it was created
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 c. If engaged in agricultural – restricted to 1,024 ha.
CHAPTER 4: PUBLICATION, ANSWER & DEFAULT
2. PATRIMONIAL PROPERTY OF STATE
NOTICE IN CONSPICUOUS PLACE IN LAND & BULLETIN BOARD OF MUNICIPALITY – 14 days before
a. Lease for 25 years renewable hearing
b. Limited to 1,000 ha.
c. Apply to both Filipinos & foreign cos. HEARING – within 7 days after publication in OG
– not less than 45 not more than 90 days from date of order
Form & Contents of Application
TO WHOM NOTICE MUST BE SENT:
1. In writing & signed by applicant or person duly authorized 1. City/municipal mayor & provincial governor
2. Description of land
3. Citizenship 2. Department of Agrarian Reform, Solicitor General & Director of
4. Civil status Lands, Director of Fisheries, Director of Mines
5. Full names & address of occupants & adjoining owners
3. Adjoining owners & those who have rights or interest thereto
WHAT TO ACCOMPANY APPLICATION:
1. Tracing cloth plan duly approved by the Director of Lands REQUISITES OF OPPOSITION:
2. 3 copies of technical descriptions
3. 3 copies of surveyor’s certificate 1. Set forth objections to the application
4. All original muniments of title 2. State interest claimed by oppositor
5. 4 copies of certificate by city/provincial treasurer of assessed value
of land General Default IS WHEN NO PERSON APPEARS AND ANSWERS
WITHIN TIME PRESCRIBED WHILE
Amendments Allowed & Not Allowed
Special Default IS WHEN A PARTY APPEARS AT INITIAL HEARING

1. Substantial change in boundaries or increase in area - new technical WITHOUT HAVING FILED AN ANSWER AND ASKS COURT FOR TIME TO

description necessary – need new publication & notice FILE ANSWER BUT FAILED TO DO SO WITHIN PERIOD ALLOWED

2. Substitution of name of new owner – file motion with court CHAPTER 5: HEARING & EVIDENCE

WHO CONDUCTS HEARING:

3. Decrease the area – file motion in court
1. RTC
MUNIMENT OF TITLE – instruments or written evidence which applicant hold or posses 2. Refer to Referee - Commissioner
to enable him to substantiate & prove title to his estate
PROCEEDINGS FOR ORDINARY REGISTRATION (LAND REGISTRATION ACT) /PROCEEDING FOR
TRANSACTION TOOK PLACE BEFORE ISSUANCE OF DECREE: JUDICIAL CONFIRMATION OF IMPERFECT TITLE UNDER THE PUBLIC LAND ACT
1. Record instrument in ROD in same manner as if no application was
made • There exist a title to be confirmed
• Land applied for belongs to the state
2. Present instrument to RTC, motion praying that same be considered • Court may dismiss without prejudice to file new application
in relation to the pending application
• Dismiss with prejudice
• Risk to have application denied without losing land
TRANSACTION TOOK PLACE AFTER ISSUANCE OF DECREE:
• Risk involves loss of land
• Register directly with ROD for purpose of canceling such title & issuing
a TCT
CHAPTER 6: JUDGMENT & DECREE

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DECREE – issued by LRA containing technical description of land; issued after finality a. Fraud, accident, mistake, excusable negligence which ordinary
of judgment prudence could not have guarded
b. Newly discovered evidence which could not be discovered &
1. Decrees dismissing application produced at trial
2. Decrees of confirmation and registration c. Evidence insufficient to justify decision, decision is against the
• Final 1 year after decree, unless there is an innocent purchaser law
for value
• Subject only to appeal 2. APPEAL – must be brought 15 days from notice of judgment
• Once final, cannot be subject to attack and is deemed
conclusive against the world 3. REVIEW OF DECREE OF REGISTRATION – available to party
deprived of day in court;
3. Put end to litigation
4. Purpose of Torrens system is protected became non-party due to misrepresentation;
• Amendment after 1 year is allowed - creation or invoke actual fraud;
extinguishment of new rights; inclusion of new owners not allowed before expiration of 1 year;
specific acts intended to deceive;
JUDGMENT– decision of court constituting its opinion after taking into consideration will no longer prosper if already transferred to innocent purchaser for
the evidence submitted value
WRIT OF POSSESSION – order to sheriff to deliver the land to the successful party Requisites:
litigant; no prescription
1. Against loser a. Plaintiff is owner of land registered in name of defendant
2. Against anyone unlawfully & adversely occupying b. Registration procured through actual fraud
c. Property has not issued to innocent purchaser for value
WHEN WRIT MAY NOT ISSUE: when party entered into property after issuance of final d. Action is filed within 1 year after issuance of decree of
decree, is not an oppositor in registration proceeding, and is in possession of land registration
for at least 10 years

MEANS TO RECOVER POSSESSION:

4. RELIEF FROM JUDGMENT – 60 days – 6 months after entry of
1. Forcible entry order;
2. Unlawful detainer
3. Accion publiciana available to party to case, FAME; after judgment; person deprived of right is
party to case
4. Accion reindivicatoria

RES JUDICATA: 5. RECONVEYANCE – action in personam;

1. Former judgment must be final available so long as property not yet passed to innocent purchaser for value;
2. Rendered by court having jurisdiction over subject matter & parties bad faith or with notice of defect
3. Judgment on merits
4. Identity of parties, subject matter and causes of action 6. RECOVERY FOR DAMAGES

REMEDIES AVAILABLE TO AGGRIEVED PARTY IN REGISTRATION PROCEEDINGS: REQUISITES:

1. MOTION FOR NEW TRIAL - must be brought within 15 days from a. Person is wrongfully deprived of his land by registration in
name of another – actual or constructive fraud
notice of judgment
b. No negligence on his part
c. Barred/ precluded from bringing an action
GROUNDS:
d. Action for compensation has not prescribed

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CHAPTER 7: CERTIFICATE OF TITLE
1. File instrument creating or transferring interest and certificate of title with
TORRENS TITLE – certificate of ownership issued under the Torrens System of ROD
registration by the government through road naming & declaring owner in fee a. Owner’s duplicate
simple of property described therein free from all liens except those expressly b. Payment of fees & documentary stamp tax
noted c. Evidence of full payment of real estate tax
d. Document of transfer – 1 copy additional for city/provincial
PROCESS: assessor

1. Within 15 days from finality of order of judgment directing 2. ROD shall make a memorandum on the certificate of title, signed by him
registration of title – court to order LRA to issue decree of registration and 3. Issue TCT
certificate of title Voluntary dealings:

2. Clerk of court will send order of court & copies of judgment NEED TO PRESENT TITLE TO RECORD THE DEED IN REGISTRY & TO MAKE
MEMORANDUM ON TITLE
3. Administrator to issue decree of registration & original & duplicate of
OCT – signed by Administrator, entered & file decree of registration in LRA WHILE IN Involuntary dealings:

4. Send to ROD – original & duplicate of title & certificate for entry in NO PRESENTATION REQUIRED ; ANNOTATION IN ENTRY BOOK IS
his registration book SUFFICIENT

5. Enter in record book, dated, signed, numbered & sealed – take Formal requisites of a deed
effect upon date of entry
1. Full name
6. ROD to send notice to registered owner ready for delivery after 2. Nationality
payment of fees 3. Place of residence
4. Postal address of grantee or other persons acquiring or claiming
7. ROD shall send duplicate & note on each certificate of title to whom interest
it is issued 5. Civil status
6. Whether or not corporation
8. Original copy to be filed in ROD; bound in consecutive order
1. ROD to keep an entry book – day book
ACTION FOR PARTITION, SPLITTING OR CONSOLIDATION OF TITLES: 2. Enter in order of reception all deeds & voluntary instruments, write
& processes re land -year, month, day, time, minute of reception of
1. Splitting or consolidation – ordinary – ROD level, no court involved instrument; Registered from time of entry
3. Fees of 5 pesos per document to be paid within 15 days
4. Note memorandum & sign & issuance of certificate
2. Subdivision plan – approval of NHA, final approval of LRA, then ROD
5. Documents are numbered & indexed & indorsed with reference to
to issue memorandum that streets not to be disposed except by way of
certificate of title– public records
donation to govt. shall be effected without approval of NHA
6. Subject to reasonable regulation
ANNOTATIONS AT BACK OF CERTIFICATE – need court order, otherwise null & void
• Cost borne by vendor
CHAPTER 8: VOLUNTARY DEALINGS WITH REGISTERED LAND
CHAPTER 9: REAL ESTATE MORTGAGE
OPERATIVE ACT – registration by owner; if deed is not registered, it is binding only
REAL ESTATE MORTGAGE – real property/real rights secures fulfillment of an obligation
between parties
KINDS:
PROCESS OF REGISTRATION:

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 1. Conventional – agreed upon by parties 3. No duplicate need be issued
2. Legal – created by operation of law
3. Judicial – results from a judgment
4. Equitable – pacto de retro in form but mortgage in essence Subject Matter

ESSENTIAL REQUISITES: • Real property plus all its accessions unless contrary is stipulated
• Future property – without legal effect
1. Constituted to secure fulfillment of principal obligation
2. Mortgagor be absolute owner of thing mortgaged • Future improvements – deemed included
3. Person constituting mortgage has free disposal of property • Fruits & rents of mortgaged property deemed included
• Continuing credit secured by mortgage valid
SPECIAL CHARACTERISTICS:
FORMS:
1. Subject matter is realty
2. Real right – attaches to property wherever it is & whoever holds it 1. Private document – void & inexistent
3. Accessory – presupposes existence of valid principal obligation;
cannot stand alone 2. Public instrument but not recorded – binding between parties but
4. Indivisibility – even if debt is divisible; mortgage is not not 3rd persons without notice
5. Inseparability – mortgage lien is inseparable from property
6. Retention of possession - mortgagor retains possession
3. Public document & registered – valid & binding to 3rd parties

MAY MORTGAGE BE REGISTERED WITHOUT DUPLICATE TITLE: Yes

Pacto de Retro – Equitable Mortgage

1. Price of sale with right to repurchase is usually inadequate • If being withheld by the owner, ROD notifies by mail within 24 hours to
2. Vendor remains in possession as lessee or otherwise registered owner:
3. Upon or after expiration of right to repurchase, another instrument 1. Stating that mortgage has been registered
extending period /granting new period is executed 2. Requesting that owner’s duplicate be produced so that
4. Purchaser retains a part of the purchase price memorandum be made thereof
5. Vendor binds himself to pay taxes on thing sold • Owner refuses to comply within reasonable time; ROD to notify court &
6. Real intention of parties is that transaction shall secure payment of court may enter order requiring owner to produce certificate
debt or fulfillment of other obligation

Real Mortgage Chattel Mortgage

Execution & Registration Subject matter is real Subject matter is movable
property
1. Execution of deed in a form sufficient in law (public instrument) Public document only May be in private document
2. Registration with ROD where the land lies & take effect upon provided there is affidavit of
registration good faith
Right of redemption No right of redemption
a. Present deed of mortgage together with owner’s duplicate for 1 year
b. Payment of fees
c. ROD shall enter upon original certificate of title & upon duplicate a Deficiency can be Deficiency cannot be recovered
memorandum – date, time of filing, signature, file number recovered
assigned to deed Subsequent Dealings in Mortgaged Property
d. ROD to note on deed the date & time of filing & reference to
volume & page of registration book in which it was registered
1. May be further alienated – stipulation to contrary is void

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 • Assignment must also be registered since registration is b. Court to render order for debtor to pay sum due within 90 days
operative act to affect land and if not paid from date of service, property be sold at public
• If not recorded – valid as to parties but not to 3 rd parties, right auction
not protected against somebody who registers & procures better c. Notice & Publication
right d. Public auction: sale to highest bidder
e. Sheriff to issue certificate confirming judicial foreclosure
2. May be further mortgaged – stipulation to contrary is void f. File with ROD final decree of court confirming sale
g. Memo entered in certificate of title
• No need to secure permission of mortgagee h. If right of redemption exist, certificate of title of mortgagor not to
• Understood unless prohibited in contract be cancelled but memorandum shall be entered upon the
certificate duplicate & original
3. Pactum commisorium – not allowed
i. After expiry of 1 year redemption period & no redemption, title is
a. Property is mortgaged consolidated to new owner
b. There is stipulation for automatic appropriation j. Purchaser to be entitled to new certificate of title & memorandum
endorsed on mortgage deed
4. Discharge k. If there is redemption, memorandum to be annotated on
certificate of title
• Execute public document canceling or releasing mortgaged in
form prescribed by law 2. EXTRA-JUDICIAL
• Present instrument with ROD where land lies together with
owner’s duplicate for registration • Allowed only if stipulation between party authorizes extra-
• Memorandum of cancellation is annotated on duplicate & judicial foreclosure
original • Cannot be made legally outside of city where land lies
• Publication required: post notices for 20 days in 3 public places
When Mortgagor Dies where property lies & if property is more than P400.00,
1. Abandon security & prosecute his claim by sharing in general distribution publication must be for 3 consecutive weeks in news paper of
of assets of the estate general circulation
2. Foreclose mortgage by making executor party defendant • If foreclosure by rural banks, exempt from publication in
newspaper for loans not exceeding 3,000.00
3. Foreclose it in due time • Registration of sale in ROD:

PARTIES IN FORECLOSURE SUIT: all persons claiming interest subordinate in right to a. Deed of sale must be supported by certificate of
mortgagee sheriff that said sale was conducted accordingly stating
the date, time, place of sale, names of creditor & debtor,
ACTION TO FORECLOSE: Prescribes in 10 years (written contract) description of property, name of highest bidder, selling
price
VENUE: Per stipulation or in absence thereof, where the property lies b. Present in ROD where land lies
c. Memorandum on back of certificate is made
Foreclosure d. After expiration of 1 year of redemption period – title
is consolidated if no redemption exercised: purchaser to
1. JUDICIAL file with ROD the deed of sale & sworn statement
Procedure: attesting to fact that there is no redemption
e. New certificate of title issued in favor of vendee
a. Mortgagee to petition in court for foreclosure f. If redeemed – notice of redemption shall be
registered & accomplished by way of memorandum on
proper certificate of title

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 Affidavit of Good Faith:
Right of Redemption
STATEMENT THAT –
• Payment of purchase price plus 1% per month plus taxes if paid by 1. Mortgage is made to secure obligation specified
purchaser 2. Valid & just obligation
• To be exercised within 1 year after registration of sale 3. Not entered into for purpose of fraud

RIGHT TO DEFICIENCY – allowed EFFECT OF ABSENCE OF AFFIDAVIT OF GOOD FAITH:

• Vitiates mortgage as against creditors & subsequent encumbrances

CHAPTER 10: CHATTEL MORTGAGE • Valid as between parties

CHATTEL MORTGAGE – personal property is registered with ROD to secure performance • No need to be in public document
of an obligation
Assignment of Mortgage: NO NEED TO BE REGISTERED ,
SUBJECT MATTER: movables PERMISSIVEONLY & NOT MANDATORY

DEED OF MORTGAGE: requires only description to enable parties & other persons to Cancellation of Chattel Mortgage: MORTGAGEE TO EXECUTE A
identify the subject matter DISCHARGE OF THE MORTGAGE IN MANNER PROVIDED BY LAW

REGISTRATION OF CHATTEL MORTGAGE Foreclosure of Mortgage

• There must first be non-payment & at least 30 days have elapsed since
1. Execution of document then

2. Payment of fees • Alternatives:

3. ROD enters in DAY BOOK in strict order of their presentation chattel
mortgages & other instruments relating thereto (primary process)
4. ROD thereafter enters in a more detailed form the essential contents of the
instrument in the Chattel Mortgage Register (complementary process)
1. Judicial
2. Extra-judicial – only if there is stipulation/authority
Procedure in Foreclosure
1. Notice posted for 10 days in at least 2 public places in municipality where
property is to be sold designating the time, place and purpose of sale

EFFECT OF REGISTRATION: 2. Mortgagor is notified in writing at least 10 days before sale

1. Creates a lien – attaches to the property whoever holds it; binding on
subsequent purchasers 3. Public auction
4. 30 days after sale, officer makes a return & file with ROD where mortgage
2. Constructive notice has been recorded

SALE OF CHATTEL WITHOUT CONSENT OF MORTGAGEE – void; criminal act 5. Officer’s return operates as a discharge of the lien created by the
mortgage
EFFECT OF FAILURE TO REGISTER:
• Valid between parties but void against 3rd persons 6. Proceeds to be applied:
a. Cost of sale
b. Amount of obligation
• Ifinstead of registration, it is delivered – it shall be a pledge & not c. Subsequent mortgages
chattel mortgage (if no chattel mortgage deed executed) d. Balance – mortgagor

• Actual knowledge is same effect as registration RECOVERY OF DEFICIENCY: Allowed

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CHAPTER 11: LEASE c. Price of sale of property is loaned & conveyance is made to
lender to secure fulfillment of loan
LEASE - one of the parties deliver possession of property to another who is obliged d. Land passes by succession to a person but legal title is put in
to pay rent for use of such property another’s name

Registration of Lease e. 2 persons purchase property but placed only in one’s name
1. File with ROD the instrument creating lease together with Owner’s
Duplicate of certificate of title f. Guardian uses funds of ward to buy property

2. ROD to register by way of memorandum upon certificate of title g. Property is acquired thru mistake or fraud

3. No new certificate shall be issued POWER OF ATTORNEY – authority granted to a person to dispose one’s property

WHEN THERE IS PROHIBITION IN MORTGAGED PROPERTY AS REGARDS SUBSEQUENT CONVEYANCES, Trust Differentiated from Power of Attorney
ETC.: Leasehold cannot be registered in the title thereof 1. Trust has 3 parties while power of attorney has 2 parties

2. Trust is for benefit of 3rd party while power of attorney is for benefit of
EFFECT OF REGISTRATION:
principal

1. Creates a real right but without prejudice to rights of 3rd persons Registration of Trust
1. Sworn statement claiming interest by reason of an implied trust
2. If not registered – valid as between parties but not to 3rd persons without with description of land & reference to number of certificate shall be
notice registered in ROD
2. Provided not prohibited to do so by instrument creating the trust
REGISTRATION – lessor not required to initiate; lessee shall initiate
Appointment of Trustee by Court
ALIENS:
1. May be granted temporary rights for residential purposes • Certified copy of decree shall be presented to ROD & surrender duplicate
certificate
2. Limit: 25 years, renewable for another 25 years • Cancel duplicate & new certificate shall be entered by ROD

WHO ELSE MAY REGISTER: Builder in Good Faith Action For Reconveyance Based on Implied Trust

• Prescribes in 10 years
CHAPTER 12: TRUSTS & POWERS OF ATTORNEY • If
acknowledged in written form – becomes express trust – prescribes
upon repudiation
TRUST – obligation of a person to whom legal title to property is transferred to hold
the property according to confidence reposed in him CHAPTER 13: INVOLUNTARY DEALINGS WITH REGISTERED LAND

2 KINDS: INVOLUNTARY DEALINGS – transactions affecting land in which cooperation of

1. Expressed – need to be in writing; cannot be proved by parole evidence registered owner is not needed: it may even be against his will

2. Implied – exist by operation of law; can be proved by parole evidence Attachment

Types:
a. Property is bought but paid by another party • A writ issued at the institution or during progress of an action
commanding the sheriff to attach the property, rights, credits or effects of
b. Donation is made but donee have no beneficial interest thereon the defendant to satisfy demands of the plaintiff

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 • Kinds: • To enforce a lien of any description on registered land, any
execution or affidavit to enforce such lien shall be filed with ROD
a. Preliminary where land lies
b. Garnishment
c. Levy on execution • Register in registration book & memorandum upon proper
certificate of title as adverse claim or as an encumbrance
Registration of Attachment/Other Liens
1. Copy of writ in order to preserve any lien, right or attachment upon • To determine preferential rights between 2 liens: priority of
registered land may be filed with ROD where land lies, containing number registration of attachment
of certificate of title of land to be affected or description of land
2. TAX SALE
2. ROD to index attachment in names of both plaintiff & defendant or • Sale of land for collection of delinquent taxes and penalties due
name of person whom property is held or in whose name stands in the the government
records
• In personam (all persons interested shall be notified so that
3. If duplicate of certificate of title is not presented: they are given opportunity to be heard)
a. ROD shall within 36 hours send notice to registered owner by mail
stating that there has been registration & requesting him to • Notice to be given to delinquent tax payer at last known
produce duplicate so that memorandum be made address

b. If owner neglects or refuses – ROD shall report matter to court • Publication of notice must also be made in English, Spanish &
c. Court after notice shall enter an order to owner to surrender local dialect & posted in a public & conspicuous place in place
certificate at time & place to be named therein wherein property is situated & at main entrance of provincial
building
4. Although notice of attachment is not noted in duplicate, notation in book of
entry of ROD produces effect of registration already • Sale cannot affect rights of other lien holders unless given
right to defend their rights: due process must be strictly observed
EFFECT OF REGISTRATION OF ATTACHMENT:
1. Creates real right • Tax lien superior to attachment
2. Has priority over execution sale
3. But between 2 attachments – one that is earlier in registration is preferred • No need to register tax lien because it is automatically
registered once the tax accrues
4. If not registered – actual knowledge is same as registration
• But sale of registered land to foreclose a tax lien need to be
Duty of ROD
registered
• Basically ministerial but may refuse registration in ff circumstances:
PROCEDURE OF REGISTRATION OF TAX SALE:
1. Title to land is not in the name of defendant
2. No evidence is submitted to show that he has present or
1. Officer’s return shall be submitted to ROD together with duplicate title
possible future interest in land
2. Register in registration book
3. Unless: heir
3. Memorandum shall be entered in certificate as an adverse claim or
Properties Exempt From Execution: FAMILY HOME encumbrance
4. After period of redemption has expired & no redemption (2 years from
ATTACHMENT – How continued, reduced or discharged
registration of auction sale) cancellation of title & issuance of new one
• Any method sufficient in law
• Document to be registered 5. efore cancellation, notice shall be sent to registered owner: to surrender
title & show cause why it shall not be cancelled
1. EXECUTION SALE

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 Actual Knowledge is Equivalent to Registration of 1. ASSIGNEE IN INVOLUNTARY PROCEEDING FOR INSOLVENCY
Adverse Claim
1. Make a statement in writing setting forth alleged interest, from whom • Duty of the officer serving notice to file copy of notice to ROD
acquired, how acquired, no. of certificate of land, name of registered where the property of debtor lies
owner, description of land in which right/interest is claimed – signed & • Assignee elected or appointed by court shall be entitled to
sworn to entry of new certificate of registered land upon presentment of
2. Statement shall be entitled to registration as adverse claim on certificate of copy of assignment with bankrupt’s certificate of title (duplicate)
title
3. Effective for 30 days from date of registration • New certificate shall not state that it is entered to him as
assignee or trustee in insolvency proceedings
4. After 30 days, may be cancelled by filing of verified petition by party in
interest Judgment/Order Vacating Insolvency
• Any party may petition in court to cancel adverse claim Proceedings
• Court to grant speedy hearing • Order shall also be registered
• If adverse claim is adjudged invalid – may be cancelled
• Surrender title issued in name of assignee & debtor shall be
5. No 2nd adverse claim based on same ground shall be registered by entitled to entry of new certificate
same claimant
2. GOVERNMENT IN EMINENT DOMAIN
CHAPTER 14: REGISTRATION OF LIS PENDENS • Copy of judgment file in ROD which states description of
property, certificate number, interest expropriated, nature of
PURPOSE: keep subject matter within the power of the court until the entry of final public use
judgment --- therefore creates merely a contingency & not a lien
• Memorandum shall be made or new certificate of title shall be
EFFECT OF REGISTRATION: issued

1. Impossibility of alienating the property in dispute during the pendency of

the suit – may be alienated but purchaser is subject to final outcome of
pending suit
2. ROD duty bound to carry over notice of lis pendens on all new titles to be
issued
CANCELLATION OF LIS PENDENS:
1. Before final judgment – court may order cancellation after showing that
notice is only for purpose of molesting an adverse party or it is not
necessary to protect rights of party who caused it to be registered
2. ROD may also cancel by verified petition of party who caused such
registration
CHAPTER 15: TRANSMISSION BY DESCENT AND DEVISE
WHEN OWNER OF PROPERTY DIES – testate or intestate,
• Administrator shall file with ROD registration of property in his name to
be vested with ownership as trustee so he can sell, etc, convey, etc
• Not necessary if already empowered in the will
When Judicial Proceeding Not Necessary
• Heirs may partition estate immediately & no need to be burdened with
cost/expenses of an administrator

3. Deemed cancelled when certificate of clerk of court stating manner of 1. In absence of debts
disposal of proceeding is registered
2. Heirs are all of legal age
Notice of Lis Pendens is an Involuntary Transaction
• Sufficient that there is entry in day book Partition/Settlement of Estate

OTHER PARTIES WHO NEED TO REGISTER: 1. JUDICIAL

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 • After entry of final judgment of partition, copy certified by clerk 2. Without authority first secured, heir may sell subject to result of pending
of court to be filed with ROD administration

• Each owner to give separate certificate of title (duplicate)

CHAPTER 16: ASSURANCE FUND
• If ordered to be sold, purchaser shall be entitled to a certificate
of title entered in his name upon presentment of order confirming • State creates a fund for the compensation of persons injured by
sale divesting/cutting off of rights due to the indefensibility of title; following
that act of registration is operative act by which State transfers title;
2. EXTRAJUDICIAL created to relieve innocent persons from harshness of doctrine that
certificate of title is conclusive evidence of an indefeasible title to land.
a. Decedent died intestate
b. No debts
c. Heirs are all of legal age, or minors represented by guardian
• Upon entry of certificate in name of owner or TCT, ¼ of 1% shall be paid
to ROD based on assessed value of land – as contribution to assurance
fund; if no assessment yet, sworn declaration of 2 disinterested persons
Procedure:
subject to determination by court.
• Heirs to execute public instrument to be filed with
• Money shall be under custody of the National treasurer; invest it until
ROD
principal plus interest aggregates to 500,000, excess shall be paid to the
• If disagree with each other, file in court ordinary
Assurance Fund; annual report of Treasurer to Secretary of Budget
action for partition
WHO IS ENTITLED:
• If there is only 1 heir, may adjudicate to himself
entire estate via affidavit to be filed with ROD
1.
• If there are movables involved, bond to be filed
Claimant must be owner, purchaser or encumbrancer in good faith who
equivalent to value of property as certified under oath by
suffered actual damage by loss of land; in short – he is deprived of his
parties conditioned upon payment if any just claim which
land or interest therein
may be filed by creditor within 2 years after distribution
2.
• Publication in newspaper of general circulation for 3
No negligence attributable to him
weeks; not binding to those without notice
3.
• Final after 2 years
Claimant is barred from filing action to recover said land
4.
Oral Partition, When Deemed Valid
Action to recover from assurance fund has not prescribed
• In provinces when person dies leaving property not covered by Torrens
system – to avoid legal expenses, heirs make a list of property, pay off LOSS/DAMAGES SHOULD NOT BE DUE TO FOLLOWING REASONS:
debts & assign to each 1. Breach of trust

• Statute of frauds – do not operate because it is not a conveyance but a 2. Mistake in resurvey resulting in expansion of area in certificate of
separation of property and designation of part which belongs to them title

Wills And Letters of Administration LOSS/DAMAGES SHOULD BE DUE TO THE FOLLOWING REASONS:
• Executor required to file with ROD a certified copy of his letters of
Omission, mistake, misfeasance of ROD or clerk of court
administration or the will if there is a will in order that ROD may register
upon certificate a memorandum with reference to file no & date of filing Registration of 3rd persons as owner
Mistake, omission, misdescription in certificate of title,
Court Authority Needed in Order to Sell duplicate or entry in books
1. May be dispensed with if will empowers him sell Cancellation

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AGAINST WHOM ACTION IS FILED: • If false statement: complex crime of estafa thru falsification of
public document
1. Action due to deprivation of land due to mistake, negligence, omission of
ROD, etc – ROD and National Treasurer as defendants; Sol-Gen must 2. ADVERSE CLAIM IN REGISTERED LAND
appear • Whoever claims a better right or interest in a land adverse to
2. Private persons involved – should also be impleaded the registered owner shall make written statement alleging his
right, how and when acquired with description of land
LIABILITY:
• Statement to be signed and sworn to
1. Satisfy claims from private persons first
2. When unsatisfied – secondary liable is the National Treasurer who shall pay • Entitled to registration as adverse claim – noted on certificate
thru assurance fund; thereafter Government shall be subrogated to rights of title
of plaintiff to go against other parties or securities
• If there is petition – speedy hearing, determine validity of
MEASURE OF DAMAGES: adverse claim
• Based on amount not greater than fair market value of land
• May be cancelled without court order; effective only for 30
• Amount to be recovered not limited to 500,000 which is maintained as days
standing fund
• After cancellation, no adverse claim on same ground may be
• Iffund is not sufficient, National Treasurer is authorized to make up for registered by same claimant:
deficiency from other funds available to Treasury even if not appropriated
1) Adverse to registered owner
WHERE AND WHEN TO FILE ACTION AGAINST ASSURANCE FUND: 2) Arises after original registration
1. Any court of competent jurisdiction – RTC in city where property lies 3) Cannot be registered under the land registration act
or resident of plaintiff
• To be made on original certificate, to the duplicate is not
2. Action prescribes in 6 years from time plaintiff actually suffered loss necessary because no access to latter

3. If plaintiff is minor, insane or imprisoned – has additional 2 years • Contracts of lease, contract to sell but prescription & money
after disability is removed to file action notwithstanding expiration of claims not allowed
regular period
• Purpose: measure designed to protect the interest of a person
over a property where registration is not provided for by the land
CHAPTER 17: PETITIONS AND MOTIONS AFTER ORIGINAL REGISTRATION registration act; serve as notice and warning to persons
subsequently dealing on said land
1. LOST DUPLICATE CERTIFICATE
• Sworn statement that certificate is lost to be filed by person in
• Different with lis pendens: permanent; can only be removed
interest with ROD
after hearing is done but adverse claim is only for 30 days:
• Petition to court for issuance of new title
lis pendens – notice that property is in litigation; adverse claim;
somebody is claiming better right
• After notice and hearing – court to order issuance of new title
with memorandum that it is issued in place of lost certificate
• Recent ruling: adverse claim can only be removed upon court
(duplicate)
order

3. PETITION SEEKING SURRENDER OF DUPLICATE TITLE

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 • In voluntary and involuntary conveyances – when duplicate • In rem proceedings
cannot be produced, petition in court may be filed to compel • Court to order reconstitution if it deemed fit; issue order to
surrender of certificate of title duplicate to ROD ROD
• Lack of essential data fatal
• After hearing, may order issuance of new certificate and annul
the old certificate; new certificate shall contain annotation re 6. TRANSACTION EVIDENCED BY LOST DOCUMENT – HOW
annulment of old certificate REGISTERED
• ROD forbidden to effect registration of lost or destroyed
4. AMENDMENT AND ALTERATION OF CERTIFICATE OF TITLE documents
• A certificate of title cannot be altered, amended except in
direct proceeding in court; summary proceeding • Steps by interested parties:

• Entries in registration books not allowed to be altered except 1. Procure authenticated copy of lost or destroyed
by order of court instrument
2. Secure an order from court
• Grounds:
CHAPTER 18: FEES, OFFENSES, PENALTIES
1. New interest not appearing on the instrument have
been created • In connection with original and subsequent registration of lands –
2. Interest have terminated or ceased payable to Clerk of court, ROD, sheriff
3. Omission or error was made in entering certificate • Full payment of fees prerequisite to registration: at least the entry fee of
4. Name of person on certificate has been changed 5.00, rest of the fees due payable within next 15 days
5. Registered owner has married
6. Marriage has terminated OFFENSES:
7. Corporation which owner registered land has
dissolved and has not conveyed the property within 3 1. Larceny
years after its dissolution 2. Perjury – false statement under oath
3. Fraudulent procurement of certificate: fine of not more than 10,000
• What corrections are permitted in title (which does not include or imprisonment of 5 years or both in discretion of court
lands included in original; technical description as long as original 4. Forgery: fine of not more than 10,000 or imprisonment of 10 years
decree of registration will not be reopened and rights or interest of or both in discretion of court
persons not impaired; old survey was incorrect; substitution of
name of registered owner) a. Forging of seal in ROD, name, signature or handwriting of any
officer of court of ROD
1. Alterations which do not impair rights and b. Fraudulent stamping or assistance in stamping
2. Alterations which impair rights – with consent of all c. Forging of handwriting, signature of persons authorized to sign
parties d. Use of any document which an impression of the seal of the
3. Alterations to correct obvious mistakes ROD is forged
5. Fraudulent sale: sale of mortgaged property under the
4. RECONSTITUTION OF ORIGINAL CERTIFICATE OF TITLE misrepresentation that it is not encumbered; deceitful disposition of
property as free from encumbrance: imprisonment of 3 years or fine not
• As consequence of war – records have been destroyed exceeding 2,00 or both at discretion of court
• When reconstituted – have same validity as old title
• Can only be done judicially by filing a petition for reconstitution CHAPTER 19: REGISTRATION OF PUBLIC LANDS
with RTC
• To be published in OG for 2 consecutive issues and on main PUBLIC LANDS – all lands owned by the government
entrance of municipality at least 30 days before hearing • Inalienable and alienable

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 • Inalienable – public domain: timber and miner lands a. Agricultural
b. Residential, commercial, industrial
• Alienable/ Disposable - public agricultural land c. Educational, charitable
d. Town sites and for public and quasi-public uses
Public land may be alienated, conveyed to private
person.
2. Timber lands - inalienable
PROCEDURE: 3. Mineral lands inalienable

1. Official issuing instrument of conveyance to issue instrument • If patent or title is issued – void ab initio for lack of jurisdiction
2. File instrument with ROD • Not subject to acquisitive prescription; even if in possession for
3. Instrument to be entered in books and owner’s duplicate to be long time, will not ripen into ownership
issued • Except: mineral lands and forest lands acquired before
4. Instrument – only contract between Government and private person inauguration of Commonwealth in November 15, 1935; vested
and does not take effect as conveyance if unregistered, it is registration rights which are protected
which is operative act of conveying land; evidence of authority for ROD to
register Fishponds
5. Fees to be paid by grantee
6. After issuance of certificate of title, land is deemed registered land Before: included in definition of agriculture, conversion of agricultural land to
within the purview of the Torrens system fishponds does not change character of land

Nature of Title to Public Lands Conveyed: Now: restricted meaning; fishponds have a distinct category; cannot be alienated
Indefeasible and Conclusive but may be leased from government.

• In absence of registration, title to public land is not perfected and Director of Lands
therefore not indefeasible
• In case of 2 titles obtained on same date – one procured through decree • Quasi-judicial officer
of registration is superior than patent issued by director of lands • Findings of fact conclusive on higher court with absence of fraud,
mistake other than error of judgment; but not with regards to finding of
•2 titles procured by one person – one from homestead patent, one from
law
judicial decree & sold to 2 different persons, one who bought it for value
• Empowered to alienate and dispose lands
and in good faith & one who register first shall have preference
MODES OF ALIENATING PUBLIC LANDS:
CLASSIFICATION OF LAND OF PUBLIC DOMAIN:
• Classification is exclusive prerogative of executive & not by judiciary
1. Homestead settlement
• Anyone who applies for confirmation of imperfect title has burden of proof 2. Sale
to overcome the presumption that the land sought to be registered forms 3. Confirmation of imperfect or incomplete title
part of public domain (Regalian doctrine)
a. Judicial legalization
UNDER THE CONSTITUTION: b. Administrative legalization
1. Agricultural – only one subject to alienation
2. Forest or timber • Lease not included since lease does not transfer ownership; free-title grant:
3. Mineral lands
free distribution of public lands to encourage people to cultivate; government
4. National park
furnishes the applicant with tolls plus cash allowance to enable him to cultivate
UNDER THE PUBLIC LAND ACT:
CONFIRMATION OF IMPERFECT TITLE:
1. Last extension granted by Government was until December 31,
1. Alienable/disposable
1987

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 2. Right made available to person qualified to acquire alienable and
disposable public land thru open, continuous, exclusive, notorious (OCEN)
possession under bonafide claim of ownership since June 12, 1945.
a. Prior to transfer of sovereignty from Spain to US, have applied
for purchase but did not receive title, without default on their part
provided they have occupied since their application
b. In OCEN possession since June 12, 1945 or earlier
c. Members of cultural minorities in OCEN who has claim of
ownership for at least 30 years
AIM OF HOMESTEAD PATENT:
• Benevolent intention of government to distribute disposable
agricultural land to destitute citizens for their home and cultivation
• As a matter of public policy, may be repurchased even if after 5 years
provided not for profit
• Right of repurchase not allowed if sold within family & not for
cultivating or living but for speculation purpose

MAXIMUM LAND THAT CAN BE APPLIED: 144 hectares RESTRICTIONS:

• In case of foreigner, sufficient that he is already Filipino citizen at the
time of his application 1. Cannot be alienated within 5 years after approval of application for
patent
• Corporation who has less 60% Filipino ownership cannot apply
2. Cannot be liable for satisfaction of debt within 5 years after
confirmation of imperfect title; can only lease
approval of patent application
3. Subject to repurchase of heirs within 5 years after alienation when
Persons Competent to Question Land Grant
allowed already
• Persons who obtained title from State or through persons who obtained
4. No corporation, partnership, association may acquire unless solely
title from State
for commercial, industrial, educational, religious or charitable purpose or
right of way subject to consent of grantee & approval of Secretary of
PATENT
Natural resources
WHEN GOVERNMENT GRANT DEEMED ACQUIRED BY OPERATION OF LAW:
EXCEPTIONS:
1. Deed of conveyance issued by government patent/grant
1. Action for partition because it is not a conveyance
2. Registered with ROD – mandatory: operative act to convey & 2. Alienations or encumbrances made in favor of the government
transfer title
3. Actual physical possession, open & continuous Erred Homesteader not Barred by Pari Delicto
• Land ceased to be part of public domain & now ownership vests
to the grantee
• Pari delicto rule does not apply in void contract
• Any further grant by Government on same land is null & void
• Violation of prohibition results in void contract
• Upon registration, title is indefeasible
• Action to recover does not prescribe
Title Issued Pursuant to Registration of Patent
Homesteader
• If he dies, succeeded by heirs in the application
1. Indefeasible – when registered, deemed incorporated with Torrens
system; 1 year after issuance of patent LEGAL RESTRICTION IN DISPOSITION BY NON-CHRISTIANS (CULTURAL MINORITIES)

2. May not be opened one year after entry by LRA; otherwise,
confusion, uncertainty & confusion on government system, of distribution
of public lands may arise & this must be avoided
Except: annullable on ground of fraud, may be reopened even after 1 year
because registration does not shield bad faith
• Court in exercise of equity jurisdiction may direct reconveyance
even without ordering cancellation of title
• Conveyance is valid if able to read and can understand language
where deed is written
• Otherwise, not valid unless approved by Commission on National
Integration
• Safeguard is to protect them against fraud/deceit
CHAPTER 20: CADASTRAL REGISTRATION PROCEEDINGS
PURPOSE:

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 • Another means to bring lands under operation of Torrens System e. If in possession & without grant – no of years in
• Ordinary registration is slow for lack of initiative on part of landowners, possession
innovation was conceived to hasten and accelerate registration f. If not in possession – state interest claimed
• Government initiates that all lands within a stated region are up for g. If assessed of taxation – assessed value
registration – whether or not owners are interested to settle their titles h. Any encumbrances affecting said lots

NATURE OF PROCEEDINGS: 5. HEARING OF CASE

• In rem • In any convenient place where land lies

• No defendant & no plaintiff • Like an ordinary RTC trial
• Compulsory • Conflicting claims are determined
• Lots claimed are awarded to persons entitles – if they could
PROCEDURE: prove title
• If none could prove title – land is declared public domain
1. CADASTRAL SURVEY
6. DECISION
• In opinion of Phil president pursuant to requirement of public • Claimants are notified of decision
interest, title of land within a specified area needs to be settled
and adjudicated 7. ISSUANCE OF DECREE AND CERTIFICATE OF TITLE
• Order Director of Lands to make survey and plan
• Director gives notice to persons claiming interest in lands & to • Upon order of court, LRA to enter decree of registration
gen public of day of survey – published in OG and posted in • Decree made basis for issuance of OCT
conspicuous place on lands to be surveyed • Decree is now being directly prepared and issued on regulation
• Geodetic engineers commences survey forms of such certificate
• During survey, boundaries are marked by monuments
NATURE OF TITLE COVERED BY 2 ACTS:
2. FILING OF PETITION
• After survey and plot been made, Director represented • Title in good faith & for value
by Sol Gen institutes cadastral proceeding by filing petition • Errors in plan do not annul decree of registration
in court against holders, claimants, possessors, occupants • Cancellation & correction are permitted

• Parcel of lots given their cadastral numbers Land Already Registered

3. PUBLICATION OF NOTICE OF HEARING • Jurisdiction is limited only to correction of technical errors

• Court to order date of hearing
• LRA to notify public by publishing notice 1x in OG and 1x in
newspaper of general circulation & copy mailed to person whose
address is known & other copies posted in conspicuous place
designated by law
• Court cannot issue decree on land already decreed
• Revision of decree allowed when substantial rights are not impaired;
what is prohibited is registered land to be registered again in name of
another
• Jurisdiction subsists to all incidental matters

4. FILING OF ANSWER CADASTRAL PROCEEDING COMPARED TO ORDINARY

• Any person claiming interest in any part of lands subject to REGISTRATION
petition is required to file answer
CADASTRAL ORDINARY
• Answer must give the ff details:
a. Age of claimant
b. Cadastral number of lot claimed
c. Name of barrio or municipality where lot is located
d. Name of owners of adjoining lots
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Party Initiating Government Private Individual
Subject Matter Private and Public Private Lands 1. Presentment of instrument dealing in unregistered land
Ownership Government does not Ownership is Asserted
assert ownership 2. If found in order – registered
Interested only in
settlement of titles 3. If found defective – registration is refused writing his reason
Survey Government undertakes On account of owner for refusal
survey and advances
expenses
I In absence of successful Applicant has another
claimant, property goes chance to claim is
to government dismissal is without
prejudice

When can Cadastral Proceedings may be Opened

• 10 years up to Dec 31, 1968

• Persons claiming title but were unable to file their claim even while in
possession are granted right to petition for reopening of proceedings
provided such were not alienated, leased or disposed by government

Cadastral Court does not Award Damages, But may Direct Sheriff
to Deliver Possession
• Provisions of land registration act applicable to cadastral proceedings

CHAPTER 21: SYSTEM OF REGISTRATION FOR UNREGISTERED LANDS

• System of registration for unregistered land under the Torrens System

(ACT 3344)

• Before: covers voluntary dealings, now includes involuntary dealings

• Effect if prospective; binds 3rd persons after registration but yields to

better rights of 3rd person prior to registration (limited effect to 3rd parties)

• Reason: no strict investigation involved

• Subsequent dealings – also valid if recorded

• ROD keeps day book & a register; index system is also kept

• Procedure:

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