CIVIL LAW
PURPOSES: [QUIP-CC]
Land Titles and Deeds
LAND TITLE is the 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 is the 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.
Necessarily includes:
1. The name of the Grantor
2. The name of the Grantee
3. Words of grant
4. Description of property
5. Signature of grantor
6. Witnesses
FEE SIMPLE
Absolute title; absolute estate in
perpetuity.
 Land is conferred upon a man and
his heirs absolutely and without
any limitation imposed upon the
state.
LAND REGISTRATION is a judicial or
administrative proceeding whereby a
person’s claim over a particular land is
determined and confirmed or recognized
so that such land and the ownership
thereof may be recorded in a public
registry.
Purposes:
1. To quiet title to land and to stop
forever any question as to the
legality of said title;
2. To provide a means of publication
TORRENS SYSTEM is a system for
registration of land under which, upon
the landowner’s application, the court
may, after appropriate proceedings,
direct the issuance of a certificate of
title.
Legarda v. Saleeby, 31 Phil 590 1915
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1. To quiet title to the land and to
stop forever any question as to the
legality of said title
2. To relieve the land of unknown
claims
3. To guarantee the integrity of land
titles and to protect their
indefeasibility once the claim of
ownership is established and
recognized
4. To give every registered
owner complete peace of mind
5. To issue a certificate of title to
the owner which shall be the best
evidence of his ownership of the
land
6. To avoid conflicts of title in and to
real estate
Capitol Subdivision, Inc. v. Province
of Negros Occidental, 7 SCRA 60
(1963)
The registration of property is to:
(1) avoid possible conflicts of title in and
to real property, and
(2) facilitate transactions relative thereto
by giving the public the right to rely upon
the face of the Torrens certificate of title
and to dispense with the need of
inquiring further,
EXCEPT when the party concerned has
actual knowledge of facts and
circumstances that should impel a
reasonably cautious man to make such
further inquiry.
NATURE OF TORRENS SYSTEM
 Judicial in character and not
merely administrative
 Proceeding is in rem (binding upon
the whole world)
CONCEPT OF TORRENS SYSTEM
• Does not create or vest title
• Only confirms (does not confer)
ownership
TORRENS TITLE is a certificate of
ownership issued under the Torrens
System, through the Register of Deeds,
naming and declaring the owner of the
real property described therein, free
from all liens and encumbrances except
such as may be expressly noted there or
otherwise reserved by law.
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 CIVIL LAW
• GENERAL RULE: A title once
registered cannot be impugned, If in bad faith and
altered, changed, modified, without just title:
enlarged, or diminished
30 years
• EXCEPTION: Direct proceeding
permitted by law, usually for the continuous
protection of innocent third persons possession is
required

PROBATIVE VALUE OF THE Only available if

TORRENS TITLE the land
possessed is
• Torrens Title may be received in
evidence in all courts in the public land that is
Philippines, and shall be conclusive alienable and
as to all matters contained therein, disposable
principally as to the identity of the
land owner except so far as A property
provided in the Land Registration registered under
Act.
the provisions of
TYPES OF TORRENS CERTIFICATES PD 1529 is not
OF TITLE: subject to
prescription
1. Original Certificate of Title- the
first title issued in the name of the Prescription is
registered owner by the Register of
unavailing not only
Deeds (ROD) covering a parcel of
land which had been registered by against the
virtue of a judicial or administrative registered owner,
proceeding. but also against
2. Transfer Certificate of Title- the his hereditary
title issued by the ROD in favor of successors
the transferee to whom the 3. Accretion Requisites:
ownership of the already registered
land had been transferred by virtue 1. The deposit of
of a sale or other modes of soil or sediment
conveyance. be gradual and
imperceptible;
MODES OF ACQUIRING TITLE: 2. It is the result of
the current of the
1. Public Grant A conveyance of waters (river/sea);
public land by
and
government to a 3. The land where
private individual
accretion takes
place is adjacent
2. Acquisitive Must be OCEN: in to the banks of
Prescription open, continuous, rivers or the sea
exclusive, and coast
notorious
possession • Accretion to
registered lands
If in good faith and need new
with just title: 10 registration
years
uninterrupted • No human
possession is intervention
required • The current

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 CIVIL LAW
causing the 8. Emancipation • To ameliorate
alluvial deposit Patent/ Grant the sad plight of
must be from a (Certificate of tenant-farmers
river. If it is from Land Ownership
the sea, the Award) • Such grant is not
deposit will pertain transferable
to the state. except by
(Government of hereditary
the Phils. v. succession
Cabangis, 53 Phil
112 [1929])
GENERAL RULE:
4. Reclamation • Filling of - Land registration proceedings and
all petitions after original
submerged land
registration of titles are filed with
by deliberate act the RTC’s of the province or city
and reclaiming title where the land or a portion or it
thereto lies.

• Must be initially SM Prime Holdings vs. Angela

owned by Madayag (2009, Nachura):
 Presidential Decree (P.D.)
government
No. 1529 eliminated the
distinction between the general
jurisdiction vested in the RTC
• May be
and the latter’s limited jurisdiction
subsequently when acting merely as a land
transferred to registration court. Land
private owners registration courts, as such, can
now hear and decide even
5. Voluntary • Private grant controversial and contentious
cases, as well as those involving
Transfer
substantial issues. It may,
• Voluntary therefore, hear and determine all
execution of Deed questions that arise from a
of Conveyance petition for registration.

• Contractual EXCEPTIONS:
relationship
When the case involves:
between the
1. Lots without controversy or
parties opposition
2. Contested lots where the value
• Consensual does not exceed P100,000.00, in
6. Involuntary • No consent from which case, the MTC has
Alienation the owner of the jurisdiction.
land
LAWS IMPLEMENTING LAND
REGISTRATION
• Forcible
acquisition by the 1. Property Registration Decree (P.D.
State 1529, as amended)
2. Cadastral Act (Act 2259, as
7. Descent or • Hereditary amended)
3. Public Land Act (Commonwealth
Devise succession to the
Act 141, as amended)
estate of 4. Emancipation Decree (P.D. 27, as
deceased owner amended)

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 CIVIL LAW
5. Comprehensive Agrarian Reform
Law of 1988 (R.A. 6657, as
amended)
RA NO. 8371 (IPRA)
 The Indigenous Peoples Rights
Act (IPRA) recognizes the rights of
ownership and possession of
indigenous cultural communities to
their ancestral domains and lands
on the basis of native title, and
defines the extent of these lands
and domains. It expressly
converts ancestral lands into public
agricultural lands, and individual
members of the cultural
communities shall have the option
to secure title to their ancestral
lands under the CA 141 or PD
1529.
NOTE: The IPRA still refers to the Land
Registration Act and not the Property
Registration Decree, which bolsters the
argument that the former was not
repealed by the latter.
I. Original Certificate of Title or OCT
 It is the first certificate of title
issued in the name of a registered
owner by the Register of Deeds
covering a parcel of land which had
been registered under the Torrens
System, by virtue of judicial or
administrative proceedings.
II. Transfer Certificate of Title
 The subsequent certificate of title
pursuant to any deed of transfer
or conveyance to another
person. The Register of Deeds
shall make a new certificate of
title and given him an owner’s
duplicate certificate. The previous
certificate (need not be an OCT)
shall be stamped “cancelled”.
ADMINISTRATION OF THE TORRENS
SYSTEM
1. LAND REGISTRATION
AUTHORITY (LRA)
 Agency charged with the
efficient execution of the laws
relative to the registration of
lands, under the executive
supervision of the DOJ
 Consists of an Administrator
assisted by 2 Deputy
Administrators
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FUNCTIONS OF THE LRA: [SAC]
1. Extend speedy and effective
assistance to the Dept. of Agrarian
Reform, the Land Bank, and other
agencies in the implementation of
the land reform program of the
government
2. Extend assistance to courts in
ordinary and cadastral land
registration proceedings
3. Be the central repository of records
relative to original registration of
lands titled under the Torrens
system, including the subdivision
and consolidation plans of titled
lands
2. REGISTER OF DEEDS (ROD)
 Constitutes a public repository of
records of instruments affecting
registered or unregistered lands
and chattel mortgages in the
province or city wherein such
office is situated;
 Headed by the Register of
Deeds, assisted by a Deputy
FUNCTIONS OF THE ROD: [IPDI]
1. Immediately register an instrument
presented for registration dealing
with real or personal property which
complies with the requisites for
registration
2. Shall see to it that said instrument
bears the proper documentary and
science stamps and that the same
are properly cancelled
3. If the instrument is not registerable,
he shall deny the registration
thereof and inform the presentor of
such denial in writing, stating the
ground or reason therefore, and
advising him of his right to appeal
by consulta in accordance with
Sec.117 of PD 1529
4. Prepare and keep an index system
which contains the names of all
registered owners and lands
registered
Baranda v. Gustilo, 165 SCRA 757
(1988)
 The function of the ROD with
reference to registration of deeds,
encumbrances, instruments, and
the like is ministerial in nature.
Ledesma v. Villasenor, 13 SCRA 494
(1965)
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 CIVIL LAW
 It is enough that in the ROD’s for public use,
opinion an instrument is registrable such as roads,
for him to register it. The act being rivers, torrents,
an administrative act does not ports and bridges
contemplate notice to and hearing
of interested parties. constructed by the
State, banks,
Almirol v. ROD of Agusan, G.R. No. L- shores,
22486, March 20, 1968 roadsteads, and
 The determination of whether a others of similar
document is valid or not is a character;
function that belongs to a court of 2. Those which
competent jurisdiction, and not to
the ROD. belong to the
State, without
Balbin v. ROD, 28 SCRA 12 (1969) being for public
use, and are
 Instances when the ROD may intended for some
validly deny registration of a public service or
voluntary instrument: for the
1. Where there are more than 1
development of the
copy of the owner’s duplicate
certificate of title and not all national wealth.
such copies are presented to Arts. 5 & 6, Water 1. Rivers and
the ROD; Code (PD 1067 ) their natural beds;
2. Where the voluntary 2. Continuous or
instrument bears on its face intermittent waters
an infirmity;
of springs and
3. Where the validity of the
instrument sought to be brooks running in
registered is in issue in a their natural beds
pending court suit; and the beds
themselves;
a. Notice of pending suit 3. Natural lakes
must be given to parties; and lagoons;
b. Registration may be
4. All other
suspended.
categories of
Gallardo v. IAC, 155 SCRA 248 (1987) surface waters
such as water
 The ROD may also refuse to flowing over lands,
register a private document since water from rainfall
Section 112 of PD 152 provides whether natural or
that deeds of conveyances
artificial, and water
affecting lands should be verified
and acknowledged before a notary from agriculture
public or other public officer run-off, seepage
authorized by law to take and drainage;
acknowledgement. 5. Atmospheric
water;
NOTE: When the ROD is in doubt as to
6. Subterranean
the proper action to take on an
instrument or deed presented to him for or ground water;
registration, he should submit the 7. Seawater;
question to the Administrator of the LRA
en consulta (Section 117, PD 1529) Found in private
lands:
NON-REGISTRABLE PROPERTIES 8. Continuous or
intermittent waters
Article 420 NCC 1. Those intended
rising on such

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 CIVIL LAW
lands;
9. Lakes and Republic v. Southside Homeowners
lagoons naturally Association Inc. (SHAI), G.R. No.
156951 & 173408, Sep. 22, 2006
waters rising on
such lands; FACTS:
10. Rain water and Proclamation No 423 which established
falling on such a military reservation known as Fort
lands; William McKinley, later renamed Fort
11. Subterranean Bonifacio Military Reservation, was
or ground waters; issued by former President Carlos
Garcia. Areas specified in the
and
Proclamation were withdrawn from sales
12. Waters in and settlements and were reserved for
swamps and military purposes. Several presidential
marshes proclamations would later be issued
Regalian Forest or excluding certain defined areas from the
Doctrine under timberland, public operation of Proclamation 423.
the 1935, 1973, forest, forest
What is mainly sought to be declared as
and 1987 reserves lands, a nullity in this petition is the title over
Constitution mineral lands the parcels of land that are referred to
as JUSMAG housing are in Fort
Bonifacio being occupied by active and
Bureau of Forestry v. CA, 153 SCRA retired military officers and their families.
351 (1987) SHAI, a non-stock corporation organized
 As provided for under Sec. 6 of CA mostly by wives of AFP military officers,
141, which was lifted from Act was able to secure title in its name over
2874, the classification or the bulk, if not the entire, JUSMAG area.
reclassification of public lands into The TCT was issued by the Rizal
alienable or disposable, mineral, or Registry on the basis of a notarized
forest lands is now a prerogative of deed of sale purportedly executed by
the Executive Department of the then Land Management Bureau Director
government and not the courts. Abelardo Palad Jr. The investigation
With these rules, there should be conducted by the DOJ, however,
no more room for doubt that it is reported land scams at the FBMR and
not the court which determines the also finding that the signature of Palad
classification of lands of the public was forged.
domain into agricultural, forest or
mineral but the Executive Branch In 1993, then Pres Ramos ordered the
of the government through the OSG to institute an action towards the
Office of the President. cancellation of TCT.15084 in SHAI’s
name as well as the title acquired by the
Republic v. Vera, 120 SCRA 210 Navy Officer’s Village Association
(1983) (NOVA) over a bigger parcel of land
within the reservation.
 A parcel of forest land is within the
exclusive jurisdiction of the Bureau ISSUE:
of Forestry and beyond the power Whether the land sold was alienable.
and jurisdiction of the cadastral
court to register under the Torrens HELD:
System. NO. As regards the issue of
inalienability, the Court upheld the
Republic v. Heirs of Felipe Alejaga, contention of the Republic that the
Sr. 393 SCRA 361 (2002) JUSMAG area is inalienable, the same
 The State has an imprescriptible having not effectively been separated
right to cause the reversion of a from the military reservation and
piece of property belonging to declared as alienable and disposable.
the public domain if title has Until a given parcel of land is released
been acquired through fraudulent from its classification as part of the
means. military reservation zone and

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 CIVIL LAW
reclassified by law or by presidential
proclamation as disposable and
alienable, its status as part of a military
reservation remains, even if incidentally
it is devoted for a purpose other than as
a military camp or for defense. SHAI had
not pointed to any proclamation or
legislative act for that matter segregating
the property from the reservation and
classifying the same as alienable lands
of public domain. Furthermore, the
Constitution also forbids private
corporations from acquiring any kind of
alienable public land except through
lease for a limited period. The whole
conveyance process was also
suspicious since the whole process was
accomplished only in one day.
TYPES OF REGISTRATION:
1. Original Registration
2. Subsequent Registration
ORIGINAL REGISTRATION UNDER
PD 1529 is a proceeding brought before
the RTC (as a land registration court) to
determine title or ownership of land on
the basis of an application for
registration or answer by a claimant in a
cadastral registration
KINDS OF JUDICIAL REGISTRATION:
1. Judicial/Voluntary/Ordinary – by
filing with the proper court;
application by the private individual
himself
2. Administrative/Involuntary/Cadas
tral – compulsory registration
initiated by the government
PROCEDURE IN ORDINARY LAND
REGISTRATION: (SFD-TP-SAHJ-
DECT)
1. Survey of land by the Bureau of
Lands or a duly licensed private
surveyor
a. Survey plan must be duly
approved by the Director of
Lands.
2. Filing of application for registration
by the applicant
a. With all muniments of titles
and copies thereof with
survey plan approved by
Bureau of Lands
• MUNIMENTS OF
TITLE are instruments
or written evidence
which applicant holds
or possesses to enable
him to substantiate and
prove title to his estate
b. Always filed at the RTC of
the place where land is
situated
c. Indorsed to the MTC if there
is no controversy over the
land or if its value is less than
P100,000.00
d. In cases of delegated
jurisdiction to the MTC,
appeal is directed to the CA
e. If land is situated between
boundaries of 2 provinces,
application must be filed:
• When boundaries are not
defined: in the RTC of the
place where it is declared
for taxation purposes;
• When boundaries are
defined: Separate plan
for each portion must be
made by a surveyor and
a separate application for
each lot must be filed
with the appropriate RTC
3. Setting of the date of initial hearing
of application by the RTC
a. Within 5 days, set hearing
45-90 days from date of
order
4. Transmittal of the application and
the date of the initial hearing, with
all the documents or other
evidences attached thereto, by the
Clerk of Court to the LRA
5. Publication of notice of the filing of
the application and the date and
place of the hearing in the Official
Gazette
• The three notices required
are mandatory.
a. Publication of notice of
initial hearing
i. Once in the Official
Gazette (this confers
jurisdiction upon the
court)
ii. Once in a newspaper of
general circulation

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 CIVIL LAW
7. Filing of answer to the application
by any person whether named in
Purpose of publication: the notice or not

 To confer jurisdiction 8. Hearing by the court

over the land applied
for upon the court; 9. Promulgation of judgment by the
 To charge the whole Court
world with knowledge
of the application of 10. Issuance of the decree declaring
the land involved, and the decision final and instructing
invite them to take the LRA to issue a decree of
part in the case and confirmation and registration
assert and prove their
rights over the subject DECREE – issued by LRA
land after finality of judgment;
contains technical description
b. Mailing of land.
 Within 7 days after
publication of said notice i. Decrees dismissing
in the OG, mailing of application
notice to: ii. Decrees of
i. Persons named in the confirmation and
notice registration
ii. Sec. of Public iii. Subject only to appeal
Highways, Provincial
Governor, and Mayor, 11. Entry of the decree of registration
if the applicant in the LRA
requests to have the
line of a public way or 12. Sending a copy of the decree of
road determined registration to the corresponding
iii. Sec. of Agrarian ROD
Reform, Solicitor
General, Director of 13. Transcription of the decree of
Lands, Director of registration in the registration book
Fisheries, and and issuance of the owner’s
Director of Mines, if duplicate original certificate of title
the land borders on to the applicant by the ROD upon
a river, navigable payment of the prescribed fees
stream, or shore, or
on an arm of the sea NOTE: Non-compliance with the
where a river or requisites will make the Certificate of
harbor lies Title (CT) issued invalid and cancellable
iv. Other persons as the by the courts.
court may deem
proper WHO MAY APPLY IN ORDINARY
REGISTRATION PROCEEDINGS
c. Posting UNDER PD 1529: [OPAL]
 Posting in conspicuous
place on subject land and 1. Those who by themselves or
on bulletin board of through their predecessors-in-
municipal building at least interest have been in open,
14 days before initial continuous, exclusive, notorious
hearing possession of alienable and
disposable lands of the public
6. Service of notice by the sheriff domain under a bona fide claim of
upon contiguous owners, ownership since June 12, 1945 or
occupants and those known to earlier
have interests in the property 2. Those who acquired ownership of
private land by prescription under
the provisions of existing laws

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 CIVIL LAW
3. Those that 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 manner
provided for by law
NOTE: All these persons must be
natural-born Filipino citizens. However,
by way of exception juridical persons
may apply for registration of leased
agricultural and disposable lands not
exceeding 1,000 hectares in area for a
period of 25 years and renewable for
not more than 25 years (Sec. 3,
Article XII, 1987 Constitution), and
except when the land has been
previously acquired by prescription by a
natural person and subsequently
transferred to a juridical entity (in this
case, a corporation may apply for
judicial confirmation of title).
LIMITATION TO OWNERSHIP OF
LAND BY CORPORATION:
3. Private Land
a. At least 60% Filipino (Sec.
7, Article XII, 1987
Constitution)
b. Restricted as to extent
reasonably necessary to
enable it to carry out
purpose for which it was
created
c. If engaged in agriculture, it
is restricted to1,024
hectares.
4. Patrimonial Property of the State
(Sec. 3, Article XII, 1987
Constitution)
a. Lease (CANNOT own land of the
public domain) for 25 years
renewable
b. Limited to 1,000 hectares
c. Apply to both Filipinos & foreign
corporation
PERSONS WHO CANNOT PROPERLY
FILE AN APPLICATION FOR
REGISTRATION OF LAND: [PMAP]
1. Public land sales applicant
admits he is not the owner in his
application
2. Mortgagee or his successor-in-
interest to the mortgage when
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mortgage is assigned (partum
commissaries)
3. Anticrethic creditor since he
holds not in the concept of an
owner
4. Person or entity whose claim of
ownership to land had been
previously denied in a
reivindicatory action and the right
of ownership thereto of another
is upheld by the courts
FORM OF THE APPLICATION, (Sec.
15, PD 1529)
 In writing
 Signed by the applicant or person
duly authorized in his behalf
 Sworn to before an officer
authorized to administer oath for
the province or city where the
application was actually signed
 If there is more than 1 applicant,
they shall be signed and sworn to
by and in behalf of each.
CONTENTS OF APPLICATION, (Sec.
15, PD 1529): [D-CAEM-ARF]
1. Description of the land applied for
together with the buildings and
improvements; the plan approved
by Director of Lands and the
technical descriptions must be
attached
2. Citizenship and civil status of the
applicant
 If married, name of
spouse, and
 If the marriage has been
legally dissolved,when
and how the marriage
relation was terminated
3. Assessed value of the land and
the buildings and other
improvements based on the last
assessment for taxation purposes
4. Mortgage or encumbrance
affecting the land or names of
other persons who may have an
interest therein, legal or equitable
5. Manner of acquisition of land
6. Full names and addresses of all
occupants of the land and those of
the adjoining owners, if known,
and if not known, the applicant
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 CIVIL LAW
shall state the extent of the search file in RTC of each province/city
made to find them where different parcels of land are
located for registration purposes
7. If the application describes the  EXCEPTION: Delegated
land as bounded by a public or jurisdiction of the MTC to hear and
private way or road, it shall state determine cadastral or land
whether or not the applicant claims registration cases covering lots
any portion of the land within the where:
limits of the way or road, and − There is no controversy or
whether the applicant desires to opposition, or
have the line of way or road − contested lots, the value of
determined (Sec. 20, PD 1529) which does not exceed
P100,000.00
8. The court may require facts to be
stated in the application in addition AMENDMENTS IN ORDINARY
to those prescribed by the Decree REGISTRATION PROCEEDINGS
not inconsistent therewith and may
require the filing of additional 1. Striking out one or The Court may
papers more of the parcels strike out at any
of land applied for or time
9. If the applicant is a non-resident of
by a severance of
the Philippines, he shall file an
instrument appointing an agent the application
residing in the Phil's. and shall 2. Substantial New technical
agree that service of any legal change in description and
process shall be of the same legal boundaries, new
effect as if made upon the increase in publication and
applicant within the Philippines
area, inclusion of notice are
(Sec. 16, PD 1529)
additional land necessary
WHERE TO FILE APPLICATION 3. Joinder, File motion with
 GENERAL RULE: RTC of the substitution or Court
province or city where the land is discontinuance of
situated. any of the parties
4. Decrease in area File motion with
- File together with application all
court;
original monuments of titles or
copies thereof and a survey plan no need for new
of the land approved by the publication or
Bureau of Lands notice

 PD 1529 has eliminated the  Under Section 23 of Act 496, the

distinction between the general
jurisdiction vested in the RTC and
the limited jurisdiction conferred
upon it by the former law when
acting merely as land registration
court. Aimed at avoiding
multiplicity of suits, the change has
simplified registration proceedings
by conferring upon the RTCs the
authority to act not only on original
applications but also those filed
after original registration, with
power to hear and determine all
questions arising upon such
application or petitions.
 If there are several parcels of land
situated in different provinces/cities
but belong to one owner, he must
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registration court may allow, or
order an amendment of the
application for registration when it
appears to the court that the
amendment is necessary and
proper.
 Under Section 24 of the same act,
the court may at anytime order an
application to be amended by
striking out one or more parcels or
by severance of the application.
The amendment may be made in
application or in the survey plan, or
in both since the application and
survey plan go together.
 If the amendment consists in the
inclusion in the application for
registration an area or parcel of
land not previously included in the

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 CIVIL LAW
application for registration of an with a motion
area or parcel of land not praying that the
previously included in the original same be
application, as published, a new
considered in
publication of the amended
application must be made. The relation to the
purpose of the new publication is pending
to give notice to all persons application
concerned regarding the amended
application. Without a new
publication, the registration court REQUISITES OF OPPOSITION:
cannot acquire jurisdiction over the
area or parcel of land that is added 1. Set forth objections to the
to the area covered by the original application
application, and the decision of the 2. State interest claimed by oppositor
registration court would be a nullity 3. Apply for the remedy desired
insofar as the decision concerns 4. Signed and sworn to by him or by
the newly included land. The some other duly authorized person
reason is because without a new
publication, the law is infringed General Default Special Default
with respect to the publicity that is When no person When a party
required in registration
appears and appears at initial
proceedings, and third parties who
have not had the opportunity to answers within time hearing without
present their claim might be prescribed having filed an
prejudiced in their rights because answer and asks
of failure of notice. court for time to
file answer but
 But if the amendment consists in failed to do so
the exclusion of a portion of the
within period
area covered by the original
application and the original plan as allowed
previously published, a new
publication is not necessary. In JUDICIAL CONFIRMATION OF
the latter case, the jurisdiction of IMPERFECT OR INCOMPLETE TITLE
the court is not affected by the UNDER THE PUBLIC LAND ACT
failure of a new application.
 In rem, judicial proceedings
DOCTRINE OF NON-COLLATERAL  The decree of registration issued is
ATTACK OF DECREE OR TITLE conclusive and final
 Governed by court procedure and
 A decree of registration and law of evidence
registered title cannot be
impugned, enlarged, altered, WHEN TO FILE
modified, or diminished either in  Extended up to December 31,
collateral or direct proceeding after 2020, as provided in Sec. 2 of RA
the lapse of the 1-year period 9176
prescribed by the law.
Director of Lands v. Abairo, 90 SCRA
If transaction is If transaction is 422 (1979)
BEFORE Issuance AFTER Issuance
of Decree of Decree FACTS:
Petitioner contended that CFI of Isabela
• Record • Register directly
should have dismissed the application
instrument in ROD with ROD for for registration based on an imperfect or
in same manner purpose of incomplete title because it has no
as if no application canceling such title jurisdiction over it inasmuch as it was
was made and issuing a TCT filed on March 1, 1971, that is, after
• Present December 31, 1968, the expiry date for
instrument to RTC, filing such kind of application under RA
2061. The latest extension of the period

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 CIVIL LAW
to December 31, 2020 within which
to file said applications, as provided
in Sec. 2, RA 9176, shall apply where
the area applied for does not exceed 12
hectares.
ISSUE:
Whether or not the application is valid
despite being filed after the period
expired and before the extension was
granted.
RULING:
YES. It is clear from the law itself that
those who applied for judicial
confirmation of their title at any time
prior to the cut-off date of December 31,
1976 did so on time, even if such
application was filed during the
intervening period from January 1, 1969
to June 18, 1971. Respect should be
given to the obvious intention of the
lawmaker in extending the period for
filing such applications time and again,
to give full opportunity to those who are
qualified under the law to own
disposable lands of the public domain
and thus reduce the number of
landless among the citizenry.
LIMITATION TO AREA APPLIED FOR:
 Maximum of 12 hectares (Sec. 3,
RA 6940)
WHO MAY BE APPLICANTS: [FFPL]
1. Filipino citizens 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
acquisition since June 12, 1945, or
prior thereto, or ever since time
immemorial (Oh Cho v. Dir. Of
Lands, 75 Phil 890 [1946])
2. Filipino citizens who by themselves
or through their predecessors-in-
interest have been, prior to the
effectivity of PD 1073 (January 25,
1977), in open, continuous,
exclusive and notorious
possession and occupation of
agricultural lands of the public
domain under a bona fide claim of
acquisition of ownership, for at
least 30 years, or at least since
January 24, 1947 (RA 1942, Dir.
University of the Cordilleras
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Of Lands v. IAC and ACME, 146
SCRA 509 [1986]).
3. Private corporations or
associations which had acquired
lands, formerly part of the
alienable and disposable lands of
the public domain, from Filipino
citizens who had possessed the
same in the manner and for the
length of time indicated in 1 and 2
above (Dir. Of Lands v. IAC and
ACME, 146 SCRA 509 [1986]).
4. Natural born citizens of the
Philippines who may have lost
their Philippine citizenship, who
have acquired disposable and
alienable lands of the public
domain from Filipino citizens who
had possessed the same in the
manner and for the length of time
indicated in 1 and 2 above
(Republic v. CA, 235 SCRA 567
[1994]).
NOTE: A private corporation may
institute confirmation proceedings under
Sec. 48 (b) of CA 141 if at the time of
the institution of the registration
proceedings; the land was already
private land (Director of Lands v. IAC
and ACME, 146 SCRA 509 [1986]).
 As long as the land is already
considered as having become
“private” through prescription, a
corporation may institute
confirmation proceedings. Having
a PRIVATE character (no longer
public), the land would no longer
be barred by the Constitution to be
owned by a corporation. Land has
already become PRIVATE, ipso
jure, when previously acquired
by prescription by a natural
person.
Natividad v. CA, 202 SCRA 439 (1991)
 Determinative of this issue is the
character of the parcels of land –
whether they were still public or
already private – when the
registration proceedings were
commenced. If they are already
private lands, the constitutional
prohibition against acquisitions by
a private corporation would not
apply.
WHAT APPLICANT MUST PROVE:
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 CIVIL LAW
 The land is alienable and
disposable land of the public
domain, and
 His possession was for the length
of time and in the manner and
concept required by law
NOTE: Form, Contents, Notice, Mailing,
Posting Requirements are the same as
those required in original registration
under PD 1529
Director of Lands v. CA, 106 SCRA
426 (1981)
 A judicial declaration that a parcel
of land is public, does not preclude
even the same applicant from
subsequently seeking a judicial
confirmation of his title to the
same land, provided he
thereafter complies with the
provisions of Sec. 48 of CA 141,
as amended and as long as said
public land remains alienable and
disposable.
PROOF OF PRIVATE OWNERSHIP:
[STOP]
1. Spanish title (inadmissible and
ineffective proof of ownership in
land registration proceedings filed
after Aug. 16, 1976)
2. Tax declarations and tax
payments (not conclusive
evidence of ownership, must be
coupled with proof of actual
possession for the period required
by law)
3. Other kinds of proof (ex.
testimonial evidence and to prove
accretion; deed of sale).
4. Presidential issuances and
legislative acts (Constitutive of a
fee simple title or absolute title in
favor of the grantee, a law ceding
full ownership to a government
institution)
Santiago v. SBMA, GR. No. 156888,
November 20, 2006.
FACTS:
Rodriguez is claiming to be the sole heir
and administrator of the estate of
Hermogenes Rodriguez who, in his
lifetime, was the owner of parcels of
land registered in his name under a
Spanish title. Rodriguez leased the
parcels of land to Santiago and Mateo
for a period of 50 years. By virtue of the
lease, Santiago is presently occupying
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the land. SBMA, on the other hand, is
claiming possessory, if not proprietary,
rights over the parcels of land, by using
them for its own commercial and other
purposes.
ISSUE:
Whether or not Spanish Titles are still
admissible as evidence of ownership of
lands
RULING:
No. Although PD 892 reads: “Whereas,
Spanish titles to lands which have not
yet been brought under the operation of
the Torrens system, being subject to
Prescription, are now ineffective to
prove ownership unless accompanied
by proof of actual possession…,”
petitioners cannot claim that they can
still present the Spanish title as proof of
ownership since they were in actual
possession. Actual proof of possession
only becomes necessary because
Spanish titles are subject to prescription.
The holder of a Spanish title may still
lose his ownership of the real property to
the occupant who actually possesses
the same for the required prescriptive
period. Because of this inherent
weakness, the applicant for
registration of his Spanish title under
the Torrens system must also submit
proof that he is in actual possession of
the real property by virtue of
prescription. Taking the law as a whole,
it has clearly set a deadline for the filing
of applications for registration of ALL
Spanish titles under the Torrens system
(i.e., 6 months from its affectivity or on
14 August 1976), after which, the
Spanish titles may no longer be
presented to prove ownership.
Therefore, the fact that petitioners were
in actual possession of the property
when they filed the complaint with the
RTC on April 29, 1996 does not exclude
them from the application of PD 892,
and their Spanish title remain
inadmissible as evidence of their
ownership of the property, whether in a
land registration proceeding or in an
action to remove a cloud on or to quiet
title. However, this does not bar
holders of Spanish titles from claiming
ownership of real property on some
other basis, such as those provided in
PD 1529 or in the Public Land Act. For
sure, Spanish titles can no longer be
countenanced as indubitable evidence
of land ownership.
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 CIVIL LAW
JUDGMENT is a decision of court
constituting its opinion after taking into
consideration the evidence submitted.
 It becomes final upon the lapse of
15 days counted from the receipt
of notice of the judgment.
 However, notwithstanding the
lapse of the 15- day period from
receipt of judgment by the parties,
the court continues to retain
control over the case until the
expiration of 1 year after the entry
of decree of registration by the
LRA (Republic v. Assosacion
Benevola de Cebu, 178 SCRA 692
[1989]).
POST-JUDGMENT INCIDENTS
1. Writ of Possession: order to sheriff
to deliver the land to the
successful party litigant; no
prescription against: (1) the loser
and (2) anyone unlawfully and
adversely occupying
 When writ may not issue:
When a party entered into
property after issuance of final
decree, is not an oppositor in
registration proceeding, and is
in possession of land for at
least 10 years
2. Writ of Demolition: the complement
of writ of possession; to demolish
improvements introduced by
oppositor or his successor in
interest
MEANS TO RECOVER POSSESSION:
1. Forcible entry
2. Unlawful detainer
3. Accion publiciana
4. Accion reivindicatoria
DECREE OF REGISTRATION:
 The decree issued by the LRA
pursuant to the order of the court.
 Binds the land, quiets title thereto,
subject only to such exceptions or
liens as may be provided by law
 Conclusive upon all persons
including the government
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CONTENTS OF THE DECREE: [DMD-
DO]
1. Date, hour and minute of its entry
2. Whether the owner is married or
unmarried, and if married, the
name of the spouse; provided that
if the land is conjugal property, the
decree shall be issued in the name
of both spouses
3. If the owner is under disability, the
nature of such disability, and if a
minor, his age
4. Description of the land and shall
set forth the estate of the owner,
and also show their relative
easements, liens, attachments,
and other encumbrances
5. Other matters to be determined in
pursuance of the law
PROCESS OF ISSUING THE OCT:
1. Within 15 days from finality
of order of judgment directing
registration of title – court orders
the LRA to issue decree of
registration and certificate of title
2. Clerk of court will send order of
court and copies of judgment
3. Writ of Demolition may be issued.
The court has authority to order, as
a consequence of the
4. Writ of possession issued by it, the
demolition of improvements
introduced by the defeated
oppositor or his successor-in-
interest
5. Administrator will issue a decree of
registration and original and
duplicate of OCT that is signed by
the Administrator, entered and file
decree of registration in LRA
6. Send to ROD the original and
duplicate of title and certificate for
entry in his registration book
7. Enter in record book, dated,
signed, numbered and sealed to
take effect upon date of entry
8. ROD to send notice to registered
owner ready for delivery after
payment of fees
9. ROD shall send duplicate and note
on each certificate of title to whom
it is issued
10. Original copy to be filed in ROD
11. Bound in consecutive order
ATTRIBUTES AND LIMITATIONS ON
CERTIFICATES OF TITLE AND
REGISTERED LANDS:
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 CIVIL LAW
1. Free from liens and
encumbrances
a. Claims and liens of whatever
character
• Existing against the land
prior to the issuance of
the certificate of title is
cut-off by such certificate
and the certificate so
issued binds the whole
world, including the
government.
b. EXCEPTIONS: [CNT-PD]
i. Those noted on the
certificate
ii. Liens, claims, or rights
arising or existing under
the laws and the
Constitution which are not
by law required to appear
on record in the Register of
Deeds in order to be valid;
iii. Unpaid real estate taxes
levied and assessed within
2 years immediately
preceding the acquisition of
any right over the land by
an innocent purchaser for
value
iv. Any public highway, or
private way established or
recognized by law, or any
government irrigation,
canal or lateral thereof, if
the certificate of title does
not state the boundaries of
such highway or irrigation
canal or lateral thereof
have been determined
v. v. Any disposition of the
property or limitation on the
issue thereof pursuant to
PD 27 or any other law or
regulations on agrarian
reform
2. Incontrovertible and
indefeasible
a. GENERAL RULE: Upon
expiration of 1 year from and
after the entry of the decree of
registration in the LRA, the
decree and the corresponding
certificate of title becomes
incontrovertible and indefeasible
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b. EXCEPTIONS: [PNF]
i. If previous valid title of
the same land exists
ii. When land covered is not
capable of registration
iii. When acquisition of
certificate is attended by
fraud
Arguelles v. Timbancaya, 72 SCRA
193 (1976)
• The rule on the incontrovertible
nature of a certificate of title
applies when what is involved is
the validity of the OCT, not when it
concerns that of the TCT.
3. Registered land not subject to
prescription
a. Even adverse, notorious and
continuous possession claim of
ownership for the period fixed
by law is ineffective against a
Torrens title (JM Tuason and
Co. Inc. v. CA, 93 SCRA 146
[1979]).
b. The fact that the title to the
land was lost does not mean
that the land ceased to be
registered land before the
reconstitution of its title. It
cannot perforce be acquired by
prescription (Ruiz v. CA, 79
SCRA 525 [1977]
c. c. Laches may be
invoked to bar
reconveyance of land to the
registered owner only if there
are intervening rights of third
persons which may be affected
or prejudiced if such land is
returned to the registered
owner (De Lucas v. Gamponia,
100 Phil 277 [1956]).
Feliciano v. Spouses Zaldivar, GR No.
162593, Sept. 26, 2006
FACTS:
Remigia Feliciano filed a complaint
against the spouses Zaldivar for the
declaration of nullity of TCT No. T-17993
and reconveyance of the property
covered therein. The said title is
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 CIVIL LAW
registered in the name of Aurelio
Zaldivar.
Remigia alleged that she was the
registered owner of a lot, part of which is
that covered by both the above TCT and
TCT No. 8502. It was originally leased
to Pio Dalman, Aurelio’s father-in-law.
She attempted to mortgage the lot to
Ignacio Gil, but the mortgage did not
push through. She vehemently denies
ever executing a joint affidavit
confirming the sale to Gil and insists that
TCT No. 8502 was never lost.
The Zaldivars, on the other hand,
claimed that Aurelio bought the property
from Dalman who, in turn, bought the
same from Gil in 1951. Gil allegedly
purchased the property from
Remegia, the sale of which was
evidenced by the joint affidavit of
confirmation of sale that Remegia and
her uncle purportedly executed before a
notary public in 1965. Aurelio then filed
a petition for the issuance of a new
owner’s duplicate copy of TCT No. T-
8502 because when they asked
Remegia about it, she claimed it had
been lost. A petition for partial
cancellation of the said TCT was
granted and TCT No. 17993 was issued
in Aurelio’s name. They also allege that
they and their predecessors- in-interest
have been occupying the said property
since 1947, openly, publicly, adversely,
and continuously or for 41 years
already.
ISSUE:
Who is the real owner of the subject lot?
RULING:
Remegia is the real owner. With respect
to the claim of acquisitive prescription, it
is baseless when the land involved is a
registered land since no title to
registered land in derogation of that of
the registered owner shall be acquired
by adverse possession. Consequently,
proof of possession by the Zaldivars is
both immaterial and inconsequential.
Neither can the spouses rely on the
principle of indefeasibility of TCT No.
17993 by virtue of the fact that TCT No.
8502 in the name of Remegia has
remained valid. Remegia’s title, thus,
prevails over Aurelio’s, especially
considering that the latter was correctly
nullified by the RTC as it emanated from
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the new owner’s duplicate TCT No.
8502, which, in turn, was procured by
Aurelio through fraudulent means.
Laches has not set in against
Remegia as she merely tolerated the
occupation by the Zaldivars of the
subject lot. Therefore, Remegia’s right to
recover possession was never barred by
laches.
4. Certificate of title not subject to
collateral attack
a. Sec. 48 of PD 1529 provide
that “a certificate of title shall not
be subject to collateral attack. It
cannot be altered, modified, or
cancelled except in a direct
proceeding in accordance with
the law.”
5. Torrens Certificate presumed valid
and devoid of flaws
a. GENERAL RULE: Torrens
Certificate of Title is presumed to
have been regularly issued,
valid, and without defects. The
buyer has the right to rely upon
the face of the Torrens title and
dispense with the trouble of
inquiring further.
b. EXCEPTION: When he has
actual knowledge of facts and
circumstances that would impel a
reasonably cautious man to
make inquiry.
Erasusta, Jr. v. CA, GR No. 149231,
July 17, 2006
FACTS:
Lucena de los Reyes (petitioner’s
mother) sold 2 lots to Fortunato Amorin.
Amorin took possession of such
properties. Later, however, Pacific Bank
demanded that the Amorins vacate the
properties,
From any rights incident to the relation
claiming that such property had been
foreclosed by such Bank. As it turned
out De Los Reyes was of husband and
wife, landlord tenant and deceived by a
certain Benjamin Valenzuela, to whom
she entrusted the documents evidencing
her rights over the lots, the latter
fraudulently transferred the rights over
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the lots to his name. Valenzuela
mortgaged such properties to Pacific
Bank. Respondent Bank foreclosed and
bought the properties. The Amorins
filed an action for Recovery of
Ownership with Damages. CA declared
respondent Bank an innocent purchaser
for value entitled to the protection of the
law with a better right over the lots than
the Amorins.
ISSUE:
Whether or not the Bank is an innocent
purchaser for value whose title must be
upheld.
RULING:
No. While it is a familiar doctrine that a
forged or fraudulent document may
become the root of a valid title, if the
property has already been transferred
from the name of the owner to that of
the forger, the same is not true. This
doctrine serves to emphasize that a
person who deals with registered
property in good faith will acquire good
title from a forger and be absolutely
protected by a Torrens title.
It cannot be overemphasized that
respondent Bank, being in the business
of extending loans secured by real
estate mortgage, is familiar with rules on
land registration. As such, it was, as
here, expected to exercise more care
and prudence than private individuals in
their dealing with registered lands.
Accordingly, given inter alia the
suspicion- provoking presence of
occupants other than the owner on the
land to be mortgaged, it behooved
respondent Bank to conduct a more
exhaustive investigation on the history of
the mortgagor’s title. That respondent
Bank accepted in mortgage the property
in question notwithstanding the
existence of structures on the property
and which were in actual, visible and
public possession of a person other than
the mortgagor constitutes gross
negligence amounting to bad faith.
In the absence of such inquiry, the
respondent Bank cannot and should
not be regarded as a
mortgagee/purchaser in good faith.
6. General incidents of registered land
• Registered land or the owners
thereof are not relieved from the
following:
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a. From any rights incident to
the relation of husband and
wife, landlord and tenant
b. From liability to attachment or
levy on execution
c. From liability to any lien
of any description
established by law on the
land and buildings thereon,
or in the interest of the owner
in such land or buildings
d. From any right or liability that
may arise due to change of
the law on descent
e. From the rights of partition
between co- owners
f. From the right of the
government to take the land
by eminent domain
g. From liability to be recovered
by an assignee in insolvency
or trustee in bankruptcy
under the laws relative to
preferences
h. From any other rights or
liabilities created by law and
applicable to unregistered
land
7. Where certificate of title is obtained
by a trustee
a. Trustee who obtains a Torrens
title in his name, over property
held in trust by him for another
cannot repudiate the trust relying
on the registrations, such being
one of the limitations upon the
finality of title
b. Trustee could not perforce
legally convey ownership of the
registered property in her will for
she is not the absolute owner
thereof
SUBSEQUENT REGISTRATION
• Where incidental matters after
original registration may be
brought before the land registration
court by way of motion or petition
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 CIVIL LAW
filed by the registered owner or a against his
party in interest. consent
• Sale • Attachment
• Rules as to the necessity and
• Real property • Injunction
effects of registration in general
mortgage • Mandamus
1. Except a will that purports to • Lease • Sale on
convey or affect a registered • Pacto de retro execution of
land, the mere execution of the sale judgment or sales
deeds of sale, mortgage, or • Extra-judicial for taxes
lease or other voluntary settlement • Adverse claims
documents serve only 2
purposes: • Free • Notice of lis
patent/homestead pendens
a. as a contract between the • Powers of
parties thereto, and attorney
b. as evidence of authority to • Trusts
the ROD to register such An innocent Entry thereof in
documents
purchaser for value the day
2. It is only the act of registering the of registered land book of the ROD
instrument in the ROD of the becomes the is sufficient notice
province or city where the land registered owner to all persons
lies which is the operative act the moment he even if the
that conveys ownership or presents and files a owner’s duplicate
affects the land insofar as third duly notarized and certificate of title
persons are concerned.
valid deed of sale is not presented
3. The act of registration creates a and the same is to the ROD
constructive notice to the whole entered in the day
world of such voluntary or book and at the
involuntary instrument or court same time he
writ or process. surrenders or
presents the
VOLUNTARY INVOLUNTARY owner’s duplicate
DEALINGS DEALINGS certificate of title
covering the land
Refer to deeds, Refer to such writ
sold and pays the
instruments, or or order or
registration fees
documents which process issued by
are results of the a court of record Need to present No presentation
free and voluntary affecting title to record the required;
acts of the parties registered land deed in registry & annotation in
thereto which by law to make entry book is
should be memorandum on sufficient
registered to be title
effective, and also
VOLUNTARY DEALINGS
to such
instruments which Operative Act: registration by owner, if
are not the willful deed is not registered, it is binding only
acts of the between parties
registered owner
and which may • GENERAL RULE: Where there is
have been nothing on the certificate of title to
indicate any cloud or vice in the
executed even ownership of the property, or any
without his encumbrance thereon, the
knowledge or purchaser is not required to
explore further than what the
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 CIVIL LAW
Torrens title upon its face indicates
in quest for any hidden defect or
inchoate right that may defeat his
right thereto (Fule v. Legare, 7
SCRA 351 [1963]).
• •Every person dealing with
registered land may safely rely on
the correctness of the certificate of
title issued therefore and the law
will in no way oblige him to go
behind the certificate to determine
the condition of the property. Even
if a decree in a registration
proceeding is infected with nullity,
still, an innocent purchaser for
value relying on a Torrens title
issued in pursuance thereof is
protected (Cruz v. CA & Suzara,
281 SCRA 491 [1997]).
3. Purchaser in bad faith (Egeo v.
CA, 174 SCRA 484 [1989])
4. Sufficiently strong indications
to impel closer inquiry into the
location, boundaries, and
condition of the lot (Francisco v.
CA, 153 SCRA 330 [1987]).
5. Where a person buys land not
from the registered owner but
from one whose rights to the
land has been merely annotated
on the certificate of title
(Quiniano v. CA, 39 SCRA 221
[1971]).
6. Purchases land with a certificate
of title containing a notice of lis
pendens;

• •Although generally a forged or 7. Purchaser had full knowledge of

fraudulent deed is a nullity and flaws and defects in the title
conveys no title, however, there (Bernales v. IAC, 166 SCRA
are instances where such a 519, [1988]).
fraudulent document may become
the root of a valid title. One such PROCESS OF REGISTRATION:
instance is where the certificate of (GENERALLY)
title was already transferred from
the name of the true owner to the 1. File the instrument creating or
forger, and while it remained that transferring the interest and the
way, the land was subsequently certificate of title with ROD,
sold to an innocent purchaser including:
(Fule v. Legare, 7 SCRA 351
[1963]). a. Owner’s duplicate
b. Payment of fees and
• EXCEPTIONS: [BOB-IM-LK] documentary stamp tax
c. Evidence of full payment of
1. Where the purchaser or real estate tax
mortgagee is a bank/financing d. Document of transfer
institution, the general rule that a additional copy for
purchaser or mortgagee of the city/provincial assessor
land is not required to look
further than what appears on the 2. ROD shall make a
face of the title does not apply memorandum on the
(Dela Merced v. GSIS, 365 certificate of title, signed by him
SCRA 1 [2001]).
3. Issuance of the TCT
2. The ruling in Fule v. Legare
cannot be applied where the REGISTRATION OF REAL PROPERTY
owner still holds a valid and MORTGAGE:
existing certificate of title 1. Execution of deed in a form
covering the same property sufficient in law (public instrument)
because the law protects the 2. Registration with ROD where the
lawful holder of a registered title land lies
over the transfer of a vendor
bereft of any transmissible right a. Present deed of mortgage
(Tomasv. Tomas, 98 SCRA 280 together with
[1980]).
b. Owner’s Duplicate and affidavit
of good faith

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 CIVIL LAW
2. That it is a valid and just
c. Payment of fees obligation
3. That it is not entered into for
d. ROD shall enter upon original purposes of fraud
certificate of title and upon
duplicate a memorandum EFFECT OF ABSENCE OF AFFIDAVIT
(date, time of filing, signature, OF GOOD FAITH:
and file number assigned to
deed) • Vitiates mortgage as against
creditors and subsequent
e. ROD to note on the deed the encumbrancers
date and time of filing, and • Mortgage is not valid as between
reference to volume and page parties
of the registration book in • No need to be in public document
which it was registered
REGISTRATION OF LEASE:
3. No duplicate need be issued
• It is the lessee, not the lessor, who
REGISTRATION OF CHATTEL is required to initiate the
MORTGAGE: registration.

1. Execution of document 1. File with ROD the instrument

2. Present the document together creating lease together with
with affidavit of good faith owner’s duplicate of
3. Payment of fees certificate of Title
4. ROD enters in Day Book in strict 2. ROD to register by way of
order of their presentation chattel memorandum upon
mortgages and other instruments certificate of title
relating thereto (primary process) 3. No new certificate shall be
5. ROD thereafter enters in a more issued
detailed form the essential
contents of the instrument in the NOTE: When there is prohibition in
Chattel Mortgage Register mortgaged property as regards
(complementary process) subsequent conveyances, etc.,
leasehold cannot be registered in the
EFFECT OF REGISTRATION: title thereof.
EFFECT OF REGISTRATION:
1. Creates a lien that attaches to
the property in favor of the 1. Creates a real right but without
mortgagee prejudice to rights of 3rd persons
2. If it is not registered, it is valid as
2. Constructive notice of his between parties but not to 3rd
interest in the property to the persons without notice
whole world
EFFECT OF FAILURE TO REGISTER: MAY ALIENS REGISTER LEASE?
YES
• Valid between parties but void
against 3rd persons 1. May be granted temporary rights
• If instead of registration, it is for residential purposes
delivered, it shall be a Pledge and 2. Limit: 25 years, renewable for
not a chattel mortgage (if no another 25 years
chattel mortgage deed executed)
• Actual knowledge is same effect WHO ELSE MAY REGISTER? Builder
as registration in Good Faith

AFFIDAVIT OF GOOD FAITH: REGISTRATION OF TRUST

• Statement that:
1. Implied Trust: present a
1. Mortgage is made to secure sworn statement claiming
obligation specified interest by reason of an implied
trust with description of land and

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 CIVIL LAW
reference to the number of
certificate shall be registered in
ROD
2. Express Trust: instrument
creating the trust does not
prohibit registration
REGISTRATION OF APPOINTED
TRUSTEE BY COURT
• Certified copy of decree shall be
presented to ROD and surrender
duplicate certificate
• Cancel duplicate & new certificate
shall be entered by ROD
INVOLUNTARY DEALINGS
- Transactions affecting land in which
cooperation of registered owner is
not needed or even against his will
1. ATTACHMENT
• A writ issued at the institution
or during progress of an action
commanding the sheriff to
attach the property, rights,
credits, or effects of the
defendant to satisfy demands of
the plaintiff
• Kinds:
a. Preliminary
b. Garnishment
c. Levy on execution
REGISTRATIONOFATTACHMENT/OT
HER LIENS:
1. Copy of writ in order to preserve any
lien, right, or attachment upon
registered land may be filed with
ROD where land lies, containing
number of certificate of title of land
to be affected or description of land
2. ROD to index attachment in names
of both plaintiff and defendant or
name of person for whom property is
held or in whose name stands in the
records
3. If duplicate of certificate of title
is not presented:
a. ROD shall, within 36 hours, send
notice to registered owner by
mail stating that there has been
registration and request him to
produce duplicate so that
memorandum may be made
University of the Cordilleras
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b. If the owner neglects or refuses
to comply, the ROD shall report
the matter to the cour
c. The court, after notice, shall
enter an order to owner to
surrender certificate at the time
and place named therein
4. Although notice of attachment is not
noted in duplicate, notation in book
of entry of ROD produces the effect
of registration already.
EFFECTS OF REGISTRATION OF
ATTACHMENT: [REEA]
1. Creates real right
2. Has priority over execution sale
3. But between 2 attachments, one
that is earlier in registration is
preferred
4. If it is not registered, actual
knowledge is the same as
registration
2. EXECUTION SALE
• To enforce a lien of any description
on registered land, any execution
or affidavit to enforce such lien
shall be filed with ROD where land
lies
• Register in registration book &
memorandum upon proper
certificate of title as adverse claim
or as an encumbrance
• To determine preferential rights
between 2 liens: priority of
registration of attachment
a. TAX SALE
• Sale of land for collection of
delinquent taxes and penalties
due the government
• In personam (all persons
interested shall be notified so
that they are given an
opportunity to be heard)
• Notice to be given to delinquent
tax payer at his last known
address
• • Publication of notice must also
be made in English, Spanish,
and local dialect, posted in a
public and conspicuous place in
the place where the
property is situated and at the
main entrance of the provincial
building
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 CIVIL LAW
• Sale cannot affect rights of other
lien holders unless given the
right to defend their rights: due
process must be strictly
observed
• Tax lien superior to an
attachment
• There is no need to register a tax
lien because it is automatically
registered once the tax accrue
but the sale of registered land to
foreclose a tax lien needs to be
registered
PROCEDURE OF REGISTRATION OF
TAX SALE:
1. Officer’s return shall be submitted
to the ROD Together with the
owner’s duplicate title
2. Register in the registration book
3. Memorandum shall be entered in
the certificate as an adverse claim
or encumbrance
4. after a period of redemption has
expired and no redemption made (2
years from registration of auction
sale), title must be cancelled and
new title will be issued
5. Before the cancellation, notice shall
be sent to registered owner, to ask
him to surrender title and show
cause why it shall not be cancelled
3. ADVERSE CLAIM
Sajonas v. CA, 258 SCRA 79 (1996)
ADVERSE CLAIM is a notice to third
persons that someone is claiming an
interest on the property or has a better
right than the registered owner thereof.
The disputed land is subject to the
outcome of the dispute.
• Claim is adverse when:
1. A claimant’s right or interest in
registered land is adverse t the
registered owner;
2. Such right arose subsequent to
date of original registration
3. No other provision is made in the
Decree for the registration of
such right or claim (Sec. 70, PD
1529)
Sanchez v. CA, 69 SCRA 327 (1976)
• A mere money claim cannot be
registered as an adverse claim.
• Actual knowledge is equivalent to
registration of adverse claim.
University of the Cordilleras
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• No 2nd adverse claim based on
the same ground may be
registered by the same claimant.
FORMAL REQUISITES OF AN
ADVERSE CLAIM FOR PURPOSES
OF REGISTRATION: [WNR]
a. Adverse claimant must state the
following in writing:
1. His alleged right or interest
2. How and under whom such
alleged right or interest is
acquired
3. The description of the land in
which the right or interest is
claimed
4. The certificate of title number
b. Such statement must be signed and
sworn to before a notary public
c. Claimant shall state his residence
or place to which all notices may be
served upon him
NOTE: Noncompliance with said formal
requisites renders such adverse claim
non-registrable and ineffective.
PERIOD OF EFFECTIVITY; WHEN
CANCELLED
• The adverse claim shall be effective
for a period of 30 days from the date
of registration and it may be
cancelled:
a. After the lapse of 30 days, upon
the filing by the party-in-interest
of a verified petition for such
purpose
b. Before the lapse of said 30 days,
upon the filing by the claimant of
a sworn petition withdrawing his
adverse claim
c. Before the lapse of the 30-day
period, when a party-in-interest
files a petition in the proper RTC
for the cancellation of the
adverse claim and, after
notice and hearing, the court
finds that the claim is invalid. If
the court also finds the claim to
be frivolous, it may fine the
claimant the amount of not less
than 1,000 pesos nor more than
5,000 pesos, in its discretion
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 CIVIL LAW
Diaz-Duarte v. Ong, 298 SCRA 388
(1998)
For this purpose, the interested party
must file with the proper court a petition
for cancellation of adverse claim, and a
hearing must also first be conducted.
The Register of Deeds cannot on its
own automatically cancel the adverse
claim.
Ty Sin Tei v. Dy Piao, 103 Phil 858,
GR No. 11271, May 28, 1958
An adverse claim may exist concurrently
with a subsequent annotation of a notice
of lis pendens
Villaflor v. Juezan, 184 SCRA 315
(1990)
When an adverse claim exists
concurrently with a notice of lis pendens,
the notice of adverse claim may be
validly cancelled after the registration of
such notice, since the notice of lis
pendens also serves the purpose of the
adverse claim.
4. NOTICE OF LIS PENDENS
Heirs of Marasigan v. IAC, 152 SCRA
253 (1987)
The purpose of the notice of lis pendens
is to constructively advise, or warn all
people who deal with the property that
they so deal with it at their own risk, and
whatever rights they may acquire in the
property in any voluntary transaction are
subject to the results of the action, and
may well be inferior and subordinate to
those which may be finally determined
and laid down therein.
WHEN NOTICE OF LIS PENDENS IS
PROPER: [RQCPO]
1. To recover possession of real
estate
2. To quiet title thereto
3. To remove clouds upon the title
thereof
4. For partition, and
5. Any other proceeding of any kind in
court directly affecting the title to
the land or the use of occupation
thereof or the building thereon.
EFFECT OF REGISTRATION:
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1. Impossibility of alienating the
property in dispute during the
pendency of the suit
2. It may still be alienated but the
purchaser is subject to the final
outcome of pending suit
3. ROD is duty-bound to carry over
notice of lis pendens on all new
titles to be issued
CANCELLATION OF LIS PENDENS:
[M-NUVD]
• Before final judgment, the court
may order the cancellation:
1. After showing that notice is
only for purpose of selecting an
adverse party
2. When it is shown that it is not
necessary to protect the right
of the party who caused the
registration thereof
3. When the consequences of the
trial are unnecessarily delaying
the determination of the case
to the prejudice of the other
party
4. ROD may also cancel by
verified petition of party who
caused such registration
5. Deemed cancelled when
certificate issued by clerk of
court stating manner of
disposal of proceeding is
registered
LIS PENDENS HAS NO APPLICATION
TO THE FOLLOWING:
1. Preliminary attachment
2. Proceedings for the probate of wills
3. Levies on execution
4. Proceedings for administration of
estate of deceased persons and
5. Proceedings in which the only
object is the recovery of a money
judgment
OTHER PARTIES WHO NEED TO
REGISTER:
1. ASSIGNEE IN INVOLUNTARY
PROCEEDING FOR INSOLVENCY
• Duty of the officer serving notice
to file copy of notice to ROD
where the property of debtor lies
• Assignee elected or appointed
by court shall be entitled to entry
of a new certificate of registered
land upon presentment of copy
of assignment with the
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 CIVIL LAW
bankrupt’s duplicate certificate of monuments set-up in proper places
title thereon
• New certificate shall not state 3. Cadastral survey
that it is entered to him as 4. Filing of petition
assignee or trustee in insolvency 5. Publication (twice in successive
proceedings issues of OG), mailing, posting
6. Filing of answer
Judgment/Order Vacating Insolvency 7. Hearing of the case
Proceedings 8. Decision
9. Issuance of the decree and
• Order shall also be registered certificate of title
• Surrender title issued in
name of assignee & debtor NOTE: The cadastral court is not
shall be entitled to entry of new limited to mere adjudication of
certificate ownership in favor of one or more
claimants. If there are no successful
2. GOVERNMENT IN EMINENT claimants, the property is declared
DOMAIN public land. Additionally, while the court
has no jurisdiction to adjudicate lands
• Copy of judgment filed in ROD already covered by a Certificate of Title,
which states description of it is nonetheless true that this rule
property, certificate number, only applies where there exists no
interest expropriated, and nature serious controversy as to the
of public use certificate’s authenticity vis-à-vis the
• Memorandum shall be made land covered therein (Republic v. Vera,
or new certificate of title shall 120 SCRA 210 [1983]).
be issued
PD 1529 Cadastral
CADASTRAL REGISTRATION is a Nature Voluntary Compulsory
proceeding in rem initiated by the filing Applicant Landowner Director of
of a petition for registration by the
government, not by the persons claiming Lands
ownership of the land subject thereof, Lands • usually • all classes
and the latter are, on the pain of losing Covered involves of lands are
their claim thereto, in effect, compelled private included
to go to court to make known their claim land
or interest therein and to substantiate • it may also
such claim or interest.
refer to
• The government does not seek public
registration of the land in its own agricultural
name lands if the
• The objective of the proceeding Object of
is the adjudication of title to the the action is
lands involved in the proceeding confirmation
of an
imperfect
PROCEDURE: [NN-CP-PAHD-DI] title
Parties Applicant Gove
1. Notice of cadastral survey and rnment,
published once in OG and posted in opponent Landowners
conspicuous place with a copy
must come
furnished to the mayor and
barangay captain to court as
2. Notice of date of survey by the claimants of
Bureau of Land Management and their own
posting in bulletin board of the lands
municipal building of the Purpose Petitioner Government
municipality or barrio, and he shall comes to asks the
mark the boundaries of the lands by

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 CIVIL LAW
court to court to b. Residential, commercial,
confirm his settle and industrial
title and adjudicate c. Educational, charitable
d. Town sites and for public and
seeks the the title of
quasi- public uses
registration the land
of the land 2. Timber lands: inalienable
in his name
Person Landowner Government 3. Mineral lands: inalienable
who • If patent or title is issued, it is
requests void ab initio for lack of
jurisdiction
the • It is not subject to acquisitive
survey prescription even if in
Effect of • no • if none of possession for long time, it
judgment adverse the will not ripen into ownership
claim applicants • Except: mineral lands and
• if the can prove forest lands acquired before
inauguration of
applicant that he is
Commonwealth in November
fails to entitled to 15, 1935 because there are
prove his the vested rights which are
title, his land, the protected
application same shall FISHPONDS
may be be declared
dismissed public (res • Before: It was included in the
definition of agriculture, therefore,
without judicata) the conversion of agricultural land
prejudice to fishponds did not change
(no res character of land
judicata)
• Now: It has a restricted meaning;
Fishponds have a distinct category
PATENTS and cannot be alienated but may
be leased from government
CLASSIFICATION OF LAND OF
PUBLIC DOMAIN:
WHEN GOVERNMENT GRANT
• The classification is the exclusive DEEMED ACQUIRED BY OPERATION
prerogative of executive and not by OF LAW:
judiciary anyone who applies for
confirmation of imperfect title has 1. Deed of conveyance issued by
the burden of proof to overcome government patent/grant
the presumption that the land 2. Registered with the ROD:
sought to be registered forms part mandatory, it is the operative act to
of public domain (Regalian convey and transfer title
doctrine) 3. Actual physical possession,
open and continuous
UNDER THE CONSTITUTION: • Land ceased to be part of public
domain & now ownership vests
1. Agricultural – only one subject to to the grantee
alienation • Any further grant by
2. Forest or timber Government on same land is
3. Mineral lands null and void
4. National park • Upon registration, title is
indefeasible
UNDER THE PUBLIC LAND ACT:

1. Alienable/disposable: TITLE ISSUED PURSUANT TO

a. Agricultural REGISTRATION OF PATENT:

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 CIVIL LAW
1. Indefeasible when registered, and WHOM NTS
deemed incorporated with Torrens GRANT
system 1 year after the issuance of ED
patent
HOMESTE To any Does not own
2. May not be opened 1 year after
entry by LRA (Otherwise, confusion AD Filipino more than 12
and uncertainty on the government PATENT citizen hectares of
system of the distribution of public over the land in the
lands may arise and this must be age of Philippines or
avoided) 18 years has not had
or head the benefit of
Except: if it is annullable on ground of
fraud, then it may be reopened even of the any gratuitous
after 1 year because registration does family allotment of
not shield bad faith more than 12
hectares
• The court, in the exercise of its • must have
equity jurisdiction, may direct resided
reconveyance even without
continuously
ordering cancellation of title
for at least 1
HOMESTEAD RESTRICTIONS: year in the
municipality
1. Cannot be alienated within 5 where the land
years after approval of application is situated
for patent • must have
2. Cannot be liable for satisfaction of
cultivated at
debt within 5 years after approval
of patent application least
3. Subject to repurchase of heirs 1/5 of the land
within 5 years after alienation applied for
when allowed already; FREE To any • does not own
4. No private corporation, PATENT natural more than 12
partnership, association may lease
born hectares of
land unless it is solely for
commercial, industrial, citizen of land
educational, religious or charitable the • has
purpose, or right of way (subject to Philippin continuously
consent of grantee and approval of es (filing occupied and
Secretary of Environment & ended cultivated,
Natural Resources) Dec. 31, either by
2000) himself or his
EXCEPTIONS:
predecessors-
1. Action for partition because it in-
is not a conveyance interest, tracts
2. Alienations or encumbrances of disposable
made in favor of the government agricultural
public land for
ERRING HOMESTEADER NOT at least 30
BARRED BY PARI DELICTO years prior to
March 28,1990
• Pari delicto rule does not apply in • paid real
void ontracts property taxes
• Violation of prohibition results in on the
void contract
property while
• Action to recover does not
prescribe the same has
not
KINDS TO REQUIREME been occupied

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 CIVIL LAW
by any person
• grant will be
limited to 12
hectares only
SALES Citizens • to have at Does not own
PATENT of least a home lot in
the 1/5 of the land the
Philippin broken and municipality in
es of cultivated which he
lawful within 5 years resides
age or from the date
head of of the award In good faith;
the (public established his
family auction) residence on a
may • shall have parcel of land
purchas established of public
e public actual domain not
agricultu occupancy, needed for
ral land cultivation, and public service
of not improvement
more of at least 1/5 Not more than
than 12 of the land 1,000 sq. m.;
hectares until the date
of such final Occupant
payment must have
• for construed his
agricultural house on the
lands suitable land and
for residential, actually• to
commercial or have at least
industrial 1/5 of the land
purposes, broken and
patent is cultivated
issued only within 5 years
after: from the date
1.) full of the award
payment of (public
purchase auction)
price, and • shall have
2.) completion established
of the actual
construction of occupancy,
permanent cultivation, and
improvements improvement
appropriate for of at least 1/5
To any purpose for of the land
citizen of which the land until the date
legal age is purchased of such final
for (must be payment
residenti completed • for
al within 18 agricultural
purpose months from lands suitable
s date of award) for residential,

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 CIVIL LAW
commercial or which is operative act of
industrial conveying land; evidence of
purposes, authority for ROD to register
4. Fees to be paid by grantee
patent is
5. After issuance of certificate of title,
issued only land is deemed registered land
after: within the purview of the Torrens
1.) full system
payment of
purchase RESTRICTION ON ALIENATION/
price, and ENCUMBRANCE OF LANDS TITLED
PURSUANT TO PATENTS:
2.) completion
of the 1. Lands under free patent or
construction of homestead patent is prohibited
permanent from being alienated/encumbered,
improvements except if in favor of the
appropriate for government, within 5 years from
purpose for and after the issuance of the
patent or grant (Republic v. Heirs
which the land of Felipe Alejaga, Sr., 393 SCRA
is purchased 361 [2002])
(must be 2. Transfer or conveyance of any
completed homestead after 5 years and
within 18 before 25 years after the issuance
months from of the title without the approval of
the DENR Secretary
date of award)
3. Lands acquired under
emancipation patents issued to
SPECIAL To Non- Secretary of landless tenants and farmers must
PATENT Christian the not be alienated or encumbered
Filipinos DILG shall within 10 years from issuance of
under certify that the the title
the majority of the 4. Conveyances and encumbrances
made by persons belonging to the
Public non-Christian “non-Christian tribes may be made
Land Act inhabitants of only when the person making the
any conveyance or encumbrance is
given able to read and understand the
reservation language in which the instrument
have or deed is written. If illiterate, must
be approved by the then
advanced
Commissioner of Mindanao and
sufficiently in Sulu;
civilization
NATURE OF TITLE TO PUBLIC
LANDS CONVEYED: INDEFEASIBLE
PROCEDURE FOR REGISTRATION AND CONCLUSIVE
OF PUBLIC LANDS: [IFEFI]
• In absence of registration, title to
1. Official issues an instrument of public land is not perfected and
conveyance therefore not indefeasible
2. File the instrument with ROD • In case of 2 titles obtained on same
3. Instrument is to be entered in date, the one procured through a
books and owner’s duplicate to be decree of registration is superior
issued than patent issued by director of
• Instrument is only a contract lands
between government and • 2 titles procured by one person:
private person and does not One from homestead patent and
take effect as conveyance if one from judicial decree and sold to
unregistered, it is registration 2 different persons, the one who

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 CIVIL LAW
bought it for value and in good faith ORDER OF • FAME and with
and who registered first shall have DEFAULT valid defense
preference • under oath
MOTION FOR NEW • 15 days from
Republic v. Heirs of Felipe Alejaga,
Sr. 393 SCRA 361 (2002) TRIAL notice of
judgment
A free patent obtained through fraud or GROUNDS:
misrepresentation is void. Furthermore, a. Fraud,
the one-year prescriptive period accident,
provided in the Public Land Act does not mistake,
bar the State from asking for the
reversion of property acquired through excusable
such means. negligence
(FAME) which
Once a patent is registered and the ordinary
corresponding certificate of title issued, prudence could
the land covered by them ceases to be not have
part of the public domain and becomes
guarded against
private property. Further, the Torrens
Title issued pursuant to the patent b. Newly
becomes indefeasible a year after the discovered
issuance of the latter. However, this evidence c.
indefeasibility of a title does not attach to Award of
titles secured by fraud and excessive
misrepresentation. Well-settled is the damages, or
doctrine that the registration of a patent
insufficiency of
under the Torrens System does not by
itself vest title; it merely confirms the evidence to
registrant’s already existing one. Verily, justify
registration under the Torrens System is decision, or that
not a mode of acquiring ownership. the
decision is
Therefore, under Section 101 of against the law
Commonwealth Act No. 141, the State --
even after the lapse of one year -- may APPEAL • 15 days from
still bring an action for the reversion to notice of
the public domain of land that has been judgment
fraudulently granted to private • To the CA/SC
individuals. Further, this RELIEF FROM • 60 days after
indefeasibility cannot be a bar to an JUDGMENT petitioner learns
investigation by the State as to how the
title has been acquired, if the purpose of of judgment, but
the investigation is to determine whether not more than
fraud has in fact been committed in 6 months after
securing the title Section 118 of judgment was
Commonwealth Act No. 141 proscribes entered
the encumbrance of a parcel of land REQUISITES:
acquired under a free patent or
a. FAME, with
homestead within five years from its
grant. The prohibition against any affidavit of merit;
alienation or encumbrance of the in case of
land grant is a proviso attached to the extrinsic fraud,
approval of every application. state that
deprived of
REMEDIES AVAILABLE TO hearing or
AGGRIEVED PARTY IN
prevented from
REGISTRATION PROCEEDINGS
appealing
MOTION TO • before b. After
LIFT/SET ASIDE judgment judgment

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c. Person property has not
deprived of right been passed on
is party to case to an innocent
PETITION FOR • Within purchaser for
REVIEW OF 1 year after entry value
REGISTRATION of ACTION FOR • available so
DECREE decree of RECONVEYANCE long as property
registration not yet passed to
• it will innocent
not prosper if purchaser for
transferred to value
innocent • by aggrieved
purchaser for party, whose
value land was
GROUNDS: registered
a. actual wrongly to
or extrinsic fraud, another person
committe • before
d outside trial, issuance of
preventing decree, or
petitioner from within/after 1
presenting his year from entry
side • action in
b. fatal personam
infirmity in the • if based on
decision for want implied trust, it
of due process must be
c. instituted within
lack of 10 years, and
jurisdiction of the imprescriptible if
court by
REQUISI registered owner
TES: or his
a. children, co-heir,
Petitioner has a or plaintiff in
real and possession
dominical right • if based on
b. He expressed trust
has been and void
deprived of such contract,
right imprescriptible
c. • if based on
Through fraud, it must be
actual or instituted within 4
extrinsic fraud years from the
d. The discovery of the
petition is filed fraud
within 1 year RECOVERY FOR REQUISITES:
from the DAMAGES a. Person is
issuance of wrongfully
the deprived of his
decree land by
e. The registration in

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name of d.There was no
another (actual negligence on
or his part
constructive e. He is barred
fraud or precluded
b. No under the
negligence on provisions of PD
his part c. 1529 or under
Barred/ the provisions
precluded from of any law from
bringing an bringing an
action (after 1 action for the
year from recovery of such
decree) land or the
d. Action for estate or interest
compensation therein;
has not f. The
prescribed action has not
ACTION FOR REQUISITES: prescribed: must
COMPENSATION a. The be instituted
FROM THE aggrieved party within a period of
ASSURANCE sustained loss or 6 years from the
FUND damage, or is time the
deprived land or right to bring
any such action first
estate or interest occurred-which
therein is the date of
b. Such loss, issue of the
damage or certificate of title
deprivation was g. Execution
occasioned by first against
the bringing of person
the land under responsible for
the operation of fraud; if
the Torrens insolvent,
system or arose against
after the original national treasury
registration of CANCELLATION Where 2
the land; SUITS certificates are
c. The loss, issued to
damage or different persons
deprivation was covering the
due to fraud, or same land, the
any error, title earlier in
omission, date must
mistake, or prevail, unless
misdescription in procured by
any certificate of fraud or is
title or in any jurisdictionally
entry or flawed
memorandum in • The later
the registration title should be
book declared null and

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void and ordered sale of
cancelled homestead
• It is the executed within
aggrieved party the 5 year
that institutes the prohibitory
action period)
• In case of b. When land
non-registered patented
land, must be and titled is not
filed by the OSG capable of
for cancellation registration
of title or c. Failure of the
reversion to grantee to
State comply with
• Voiding conditions
or cancellation of imposed by law
OCT does not to
affect derivative entitle him to a
TCTs if their patent or grant
holders not given d. When area is
opportunity to be an expanded
heard and area
defend their title e. When the
ANNULMENT OF • May only be land is
JUDGMENT availed of when acquired in
the ordinary violation of the
remedies of new Constitution (e.g.
trial, petition for land acquired by
relief, or other an alien)
appropriate • Indefeasibility
remedies are no of title,
longer available prescription,
through no fault laches, and
of the petitioner estoppel do not
(Linzag v. CA, bar reversion
291 SCRA 304 suits
[1998]). QUIETING OF Brought to
REVERSION SUIT The objectives is TITLE remove clouds
the cancellation on the tile to real
of the certificate property or any
of title and the interest therein,
consequential by reason of any
reversion of the instrument,
land covered in record, claim,
the land grant to encumbrance or
the State proceeding
• GROUNDS: which is
a. Violation of apparently valid
Sections or effective but is
118, 120, 121 in truth and in
and 122 of the fact invalid,
Public Land Act effective,
(ex. alienation or voidable or

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unenforceable, that act of registration is operative
and may act by which State transfers title
be prejudicial to • It is created to relieve innocent
persons from harshness of doctrine
said title (Art.
that certificate of title is conclusive
476, Civil Code) evidence of an indefeasible title to
• An ordinary land.
civil remedy • Upon entry of certificate in name of
Aside from the owner or TCT, ¼ of 1% shall be
registered paid to the ROD based on
owner, a person assessed value of land as a
contribution to the assurance fund
who has an
• If there is yet no assessment,
equitable right or a sworn declaration of 2
interest in the disinterested persons on the value
property may of the land, subject to determination
likewise file such by court, is required.
action • Money shall be in the custody of the
(Mamadsul v. National Treasurer who shall invest
it until principal plus interest
Moson, 190 aggregates to 500,000. The
SCRA 82 excess shall be paid to the
[1990]) Assurance Fund and be included in
• Imprescriptible the annual report of Treasurer to
if plaintiff is in Secretary of Budget
possession; if
not, must be
WHO IS ENTITLED?
brought within 10 1. Claimant must be owner,
years from of purchaser or encumbrance in good
possession faith who suffered actual damage by
CRIMINAL ACTION The State may loss of land. In short, he is deprived of
criminally his land or interest therein
prosecute for 2. No negligence attributable to him
3. Claimant is barred from filing
perjury the party action to recover said land
who obtains 4. Action to recover from assurance
registration fund has not prescribed
through fraud,
such as by LOSS/DAMAGES SHOULD NOT BE
stating false DUE TO FOLLOWING REASONS:
assertions in the
1. Breach of trust
sworn answer 2. Mistake in resurvey resulting in
required of expansion of area in certificate of
applicants in title
cadastral
proceedings LOSS/DAMAGES SHOULD BE DUE
(People v. TO THE FOLLOWING REASONS:
1. Omission, mistake, misfeasance of
Cainglet, 16
ROD or clerk of court
SCRA 749 2. Registration of 3rd persons as
[1966] ) owner
3. Mistake, omission, misdescription in
4. Certificate of title, duplicate or entry
ASSURANCE FUND in books
5. Cancellation
• State creates a fund for the
compensation of persons injured by AGAINST WHOM ACTION IS FILED:
divesting/cutting off of rights due to
the indefensibility of title; following 1. Action due to deprivation of land

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due to mistake, negligence,
omission of ROD, etc: ROD and
National Treasurer as defendants;
Sol-Gen must appear
2. Private persons involved should
also be impleaded
LIABILITY:
1. Satisfy claims from private persons
first;
2. When unsatisfied: secondarily liable
is the National Treasurer who shall
pay through the assurance fund;
thereafter Government shall be
subrogated to rights of plaintiff to go
against other parties or securities
MEASURE OF DAMAGES:
• Based on amount not greater
than fair market value of land
• Amount to be recovered not limited
to 500,000 which is maintained as
standing fund
• If fund is not sufficient, National
Treasurer is authorized to make up
for deficiency from other funds
available to Treasury even if not
appropriated
WHERE AND WHEN TO FILE ACTION
AGAINST
1. Any court of competent jurisdiction:
RTC in City where property lies or
resident of plaintiff
2. Action prescribes in 6 years from
time plaintiff actually suffered loss
3. If plaintiff is minor, insane or
imprisoned, he has additional 2
years after disability is removed file
action .notwithstanding expiration
of regular period
PETITIONS AND MOTIONS AFTER
ORIGINAL REGISTRATION:
1. LOST DUPLICATE CERTIFICATE
• Sworn statement that certificate
is lost to be filed by person in
interest with ROD
• Petition to court for the issuance
of new title
• After notice and hearing, the
court is to order issuance of new
title with memorandum that it is
issued in place of lost certificate
(duplicate)
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• If false statement, he can be
charged with the complex crime
of estafa through falsification of
public document
2. ADVERSE CLAIM IN
REGISTERED LAND
• Different from lis pendens:
• Lis pendens has no expiration
period but adverse claim is only
for 30 days:
• Lis pendens is a notice that
property is in litigation while
adverse claim signifies that
somebody is claiming better right
• Recent ruling: adverse claim can
only be removed upon court
order, therefore, it is considered
to be the more permanent and
stable one as compared to lis
pendens
3. PETITION SEEKING
SURRENDER OF DUPLICATE
TITLE
• In voluntary and involuntary
conveyances: when the duplicate
cannot be produced, the party
must petition the court to compel
the surrender of duplicate
certificate of title to ROD
• After hearing, the court may
order issuance of a new
certificate and annul the old
certificate
• The new certificate shall contain
an annotation regarding the
annulment of the old certificate
4. AMENDMENT AND ALTERATION
OF CERTIFICATE OF TITLE
• A certificate of title cannot be
altered, amended except in
direct proceeding in court;
summary proceeding
• Entries in registration books are
not allowed to be altered except
by order of court
• Grounds:
1. New interest that does not
appear on the instrument
have been created
2. Interest have been
terminated or ceased
3. Omission or error was made
in entering certificate
4. Name of person on
certificate has been changed
5. Registered owner has
married
6. Marriage has terminated
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 CIVIL LAW
7. Corporation which owner
registered land has dissolved
and has not conveyed the
property within 3 years after
its dissolution
8. What corrections are
permitted in title (which does
not include lands included in
original; technical description
as long as original decree
of registration will not be
reopened and rights or
interest of persons not
impaired; old survey was
incorrect; substitution of
name of registered owner)
a. Alterations which do not
impair rights and
b. Alterations which impair
rights: with consent of all
parties
c. Alterations to correct
obvious mistakes
5. RECONSTITUTION OF ORIGINAL
CERTIFICATE OF TITLE
• The restoration of the instrument
which is supposed to have been
lost or destroyed in its original
form and condition, under the
custody of ROD
• Purpose: to have the same
reproduced, after proper
proceedings in the same form
they were when the loss or
destruction occurred (Heirs of
Pedro Pinote v. Dulay, 187
SCRA 12 [1990])
• As consequence of war, the
records have been destroyed
• When reconstituted, the new title
have the same validity as old title
• Kinds:
a. Judicial
• File a petition with the
RTC
• To be published in OG
for 2 consecutive issues
and on main entrance of
municipality for at least
30 days before hearing
• In rem proceedings
• Court is to order
reconstitution if it deemed
fit; and issue an order to
ROD
• The lack of essential data
is fatal
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SOURCES OF JUDICIAL
RECONSTITUTION OF TITLE
1. FOR OCT (In this order)
a. Owner’s duplicate of the
certificate of title
b. Co-owner’s, mortgagee’s or
lessee’s duplicate of said
certificate
c. Certified copy of such certificate,
previously issued by the ROD
d. Authenticated copy of the decree
of registration or patent, as the
case may be, which the basis of
the certificate of title was,
e. Deed of mortgage, lease, or
encumbrance containing
description of property covered by
the certificate of title and on file
with the ROD, or an authenticated
copy thereof indicating that its
original had been registered
f. Any other document which, in the
judgment of the court, is sufficient
and proper basis for reconstitution
2. FOR TCT
a. Same as sources a, b, and c for
reconstitution of OCT
b. Deed of transfer or other
document containing description
of property covered by TCT and
on file with the ROD, or an
authenticated copy thereof
indicating its original had been
registered and pursuant to which
the lost or destroyed certificate of
title was issued;
c. Same as sources (e) and (f) for
reconstitution of OCT
b. Administrative
• May be availed of only in case of:
1. Substantial loss or destruction of
the original land titles due to fire,
flood, or other force majeure
as determined by the
Administrator of the LRA
2. The number of certificates of title
lost or damaged should be at
least 10% of the total
number in the possession of the
Office of the ROD
3. In no case shall the number of
certificate of title lost or
damaged be less than 500, and
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 CIVIL LAW
4. Petitioner must have the
duplicate copy of the certificate
of title (RA 6732)
NOTES:
• The law provides for retroactive
application thereof to cases 15
years immediately preceding 1989
• When the duplicate title of the
landowner is lost, the proper
petition is not reconstitution of title,
but one filed with the court for
issuance of new title in lieu of the
lost copy
SOURCES FOR ADMINISTRATIVE
RECONSTITUTION:
a. Owner’s duplicate of the certificate
of title
b. Co-owner’s, mortgagee’s, or
lessee’s duplicate of said
certificate
CONTENTS OF PETITION
1. That the owner’s duplicate of the
certificate of title had been lost or
destroyed
2. That no co-owner’s, mortgagor’s,
or lessee’s duplicate had been
issued
3. The location, area and boundaries
of the property
4. The nature and description of the
buildings or improvements, if any,
which do not belong to the owner
of the land, and the names and
addresses of the owners of such
buildings or improvements;
5. The names and addresses of the
(a) occupants or persons in
possession of the property. (b) of
the owners of the adjoining
properties; and (c) of all persons
who may have any interest in the
property;
6. A detailed description of the
encumbrance, if any, affecting the
property
7. A statement that no deeds or other
instruments affecting the property
have been presented for
registration, or, if there be any, the
registration thereof has not been
accomplished, as yet
PUBLICATION, MAILING AND
POSTING IN PETITIONS FOR
RECONSTITUTION OF TITLE:
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• Notice thereof shall be published
twice in successive issues of the
OG
• Must be posted on the main
entrance of the provincial building
and of the municipal building of the
municipality or city where the land
is situated
• To be sent by registered mail or
otherwise, at the expense of the
petitioner, to every person named in
said notice
• This should be done at least 30
days prior to the date of hearing.
MWSS v. Sison, 124 SCRA 394 (1983)
The publication of the petition in 2
successive issues of the Official
Gazette, the service of the notice of
hearing to the adjoining owners and
actual occupants of the land, as well as
posting of the notices in the main
entrance of the provincial and
municipal buildings where the property
lies at least 30 days prior to the date of
the hearing, as prescribed by Section
13 of the law (RA 26), are mandatory
and jurisdictional requisites… If an order
if reconstitution is issued without any
previous publication as required by law,
such order of reconstitution is null and
void. Even the publication of the notice
of hearing in a newspaper of general
circulation like the Manila Daily Bulletin,
is not a substantial compliance with the
law because Section 13 specifies OG
and does not provide for any
alternative medium or manner of
publication.
Manila Railroad Company v. Moya,
215 Phil. 593 (1984)
Notice must be actually sent or delivered
to parties affected by the petition for
reconstitution. The order of
reconstitution, therefore, having
been issued without compliance with
the said requirement has never become
final as it was null and void.
Puzon v. Sta. Lucia Realty and
Development, Inc. 353 SCRA 699
(2001)
Service of notice of the petition
for reconstitution filed under RA 26 to
the occupants of the property, owners of
the adjoining properties, and all persons
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 CIVIL LAW
who may have any interest in the
property is not required if the petition is
based on the owner’s duplicate
certificate of title or on that of the co-
owner’s, mortgagee’s, or lessee's.
Republic v. Sanchez, GR. No. 146081,
July 17, 2006
FACTS:
Sanchez sought for reconstitution of
titles alleged to have been destroyed by
a fire which razed the Office of the ROD
in June 1988. The reconstitution of the
title is based on Sanchez’s duplicate
title. They submitted to the RTC a
Report allegedly signed by the Chief of
the Reconstitution Division of the LRA
stating that the technical description of
the lot does not overlap previously
plotted properties. Without serving
notices of the petition to adjoining
owners, the RTC then granted the
petition for reconstitution. After the
decision became final, LRA submitted to
the Court another report claiming that
the first report was fake and
recommends that the RTC set aside its
decision. LRA also claims that the
notice of the petition should have
been served on adjoining owners as
one of the jurisdictional requirements
since the Authentic LRA Report found
Sanchez’s title to be a fake title.
ISSUE:
Whether the trial court acquired
jurisdiction over the case
RULING:
No. The source of the petition for
reconstitution in the case at bar was
petitioner’s duplicate copies of the
TCTs. As a general rule, Sections 9
and 10 of RA 26 will apply and not
Sections 12 and 13.
Section 9 and 10 or RA 26 require
that 30 days before the hearing, (1) a
notice be published in 2 successive
issues of the OG at the expense of the
petitioner, and (2) such notice be posted
at the main entrances of the provincial
building and of the municipal hall
where the property is located. The
notice shall state the following: (1) the
number of the certificate of title, (2) the
name of the registered owner, (3) the
names of the interested parties
appearing in the reconstituted certificate
of title, (4) the location of the property,
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and (5) the date on which all persons
having an interest in the property must
appear and file such claims as they may
have.
In petitions for reconstitution where the
source is the owner’s duplicate copy,
notices to adjoining owners and to
actual occupants of the land are not
required. But Puzon is not applicable
here. There is no report from a pertinent
government agency challenging the
authenticity of the duplicate certificates
of title presented in Puzon.
Sections 12 and 13 of RA 26 must apply
because the owner’s duplicate is
claimed by the LRA to be spurious.
The failure to meet any of the necessary
publication, notice of hearing and
mailing requirements did not vest
jurisdiction of the case to the court.
Thus, the judgment rendered by the
RTC is void and will never become
binding or final as it is a nullity right from
the very start. It may be challenged at
any time.
Feliciano v. Zaldivar, GR. No. 162593,
September 26, 2006
FACTS:
Remigia Feliciano filed a complaint
against the spouses Zaldivar for the
declaration of nullity of TCT No. T-17993
and reconveyance of the property
covered therein. The said title is
registered in the name of Aurelio
Zaldivar.
Remigia alleged that she was the
registered owner of a lot, part of which is
that covered by the above TCT, and with
TCT No. 8502. It was originally leased
to Pio Dalman, Aurelio’s father-in-law.
She attempted to mortgage the lot to
Ignacio Gil, but the mortgage did not
push through. She vehemently denies
that she and her uncle never executed a
joint affidavit confirming the sale, and
that TCT No. 8502 was never lost.
The Zaldivars, on the other hand,
claimed that Aurelio bought the
property from Dalman who, in turn,
bought the same from Gil in 1951. Gil
allegedly purchased the property from
Remegia, the sale of which was
evidenced by the joint affidavit of
confirmation of sale that Remegia and
her uncle purportedly executed before
the notary public in 1965. Aurelio then
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filed a petition for the issuance of a new a. Forging of seal in ROD,
owner’s duplicate copy of TCT No. T- name, signature or
8502 because when they asked handwriting of any officer of
Remegia about it, she claimed it had court of ROD
been lost. A petition for partial b. Fraudulent stamping or
cancellation of the said TCT was assistance in stamping
granted and TCT No. 17993 was issued c. Forging of handwriting,
in Aurelio’s name. They also allege that signature of persons
they and their predecessors-in-interest authorized to sign
have been occupying the said property d. Use of any document which
since 1947, openly, publicly, adversely, an impression of the seal of
and continuously or for 41 years the ROD is forged
already.
5. Fraudulent sale: sale of
ISSUE: mortgaged property under the
Who is the real owner of the subject lot? misrepresentation that it is not
encumbered; deceitful
RULING: disposition of property as free
Remegia is the real owner. The trial from encumbrance
court correctly held that the CFI which
granted Aurelio’s petition for issuance of SYSTEM OF REGISTRATION FOR
new owner’s duplicate copy of TCT No. UNREGISTERED LANDS
8502 did not acquire jurisdiction. It has
been consistently held that when the • System of registration for
owner’s duplicate certificate of title has unregistered land under the Torrens
not been lost, but is in fact in the System (Act 3344)
possession of another person, then the • Before: covers voluntary dealings
reconstituted certificate is void, • Now: it includes involuntary
because the court that rendered the dealings
decision had no jurisdiction. • Effect: if prospective, it binds 3rd
Consequently, the issuance of TCT No. persons after registration but yields
17993 is also void, emanating as it did to better rights of 3rd person prior to
from the void TCT No. 8502 in Aurelio’s registration (limited effect to 3rd
name. The indefeasibility of a Torrens parties)
title does not apply where fraud • Reason: no strict investigation
attended the issuance of the title, such involved
as when it was based on void • Subsequent dealings are also valid
documents. if recorded
• ROD keeps day book and a
register, and an index system is
6. REGISTRATION OF also kept
TRANSACTION EVIDENCED BY • Procedure:
LOST DOCUMENT
1. Presentment of instrument
• ROD is forbidden to affect dealing in unregistered land
registration of lost or destroyed 2. If found in order, register
documents 3. If found defective, then
• Steps by interested parties: registration is refused writing
1. Procure an authenticated his reason for refusal
copy of lost or destroyed
instrument
2. Secure an order from court

OFFENSES IN LAND REGISTRATION:

1. Larceny
2. Perjury: false statement under
oath
3. Fraudulent procurement of
certificate
4. Forgery

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References:
1. PARAS, Edgrado (2008). Civil
Code of the Philippines Annotated
2. SAN BEDA (2013). Memory Aid in
Civil Law
3. SEMPIO-DY, Alice V. (2004).
Succession in a Nutshell
4. PINEDA.(2009). Succession and
Prescription
5. TOLENTINO.(1992). Civil Code of
the Philippines.
6. JURADO. (2009), Comments and
Jurisprudence on Succession

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