LTD Midterm Reviewer

LTD LECTURE NOTES & REVIEWER
Judge Serrano - Midterm 2010

San Beda College of Law
by: Cancino, Krisyl & Veloso, Pinky
LAND TITLES AND DEEDS  These questions are answered in this class.
MIDTERM REVIEWER  Critical developments through the advancement
of civilization developed consciousness of land
ownership  arise the necessity of protecting the
LECTURE NOTES #1 rights of owner
June 19, 2010
TORRENS SYSTEM OF LAND REGISTRATION
HOUSE RULES Page | 1
-no excused absences  Richard Robert Torrens
-duty: to learn, to study, to pray, to pass!  Current system of land registration
-no going out from class
-no talking Private land ownership did not come from
-mentally honest (no cheating/ no coaching) nowhere.
First 3 Chapters- Lecture  There could be a source: who>/ from whom did
Starting Section 14 of P.D. #1529 recitation you acquire your land?
 SOURCE: private land ownership must emanate
Next meeting: quiz from the STATE.
Coverage: what has been taken up  The State is the source of land to the REGALIAN
DOCTRINE. (All lands of the public domain
INTRODUCTION belong to the State, which is the source of any
asserted right to ownership of land. All lands not
 The subject is about the control over land otherwise appearing to be clearly within private
 For a person to have exclusive enjoyment of ownership are presumed to belong to the State.
property. All lands not otherwise clearly appearing to be
 However, a person cannot absolutely control a privately-owned are presumed to belong to the
certain piece of land State)
o Persons go to other places
 Thus, there is only temporary control because it Secretary of DENR v. Mayor Jose Yap (2008)
is impossible to physically possess or control G.R. No. 167707 Oct. 8, 2008
large tracts of land.
 If a person will not go away or will not go to some  Explained Regalian doctrine.
other places, no one will take his property (land).  This is about Boracay Island.
 QUESTION: HOW CAN WE HE CONTROL HIS  Group of persons build houses/ buildings (of
LAND? agricultural lands)
 This question is answered by the development of  The Government said that the Boracay Island is a
land laws; private land owners can assert rights forest and timberland and remained to be forest
because of REGISTRATION (land titles or and timberland, so not agricultural land.
documents)
 SC: the lands are inalienable public land; until the
HISTORY/ DEVELOPMENT government reclassified Boracay Island, it is still
forest and timberland; thus, it can’t be acquired
 Act # 496 by private persons.
 Land Registration Act lasted for 75/77 years until  Basis: Regalian doctrine (all of public domains
repealed by P.D. No. 1529 which is the law now belong to the State; State reserves such right
in force and in effect. over such lands.
 The 1935, 1973 & 1987 Constitution applies this
 Because we live in a society with divergent doctrine.
interests, there arise disputes…  All lands not acquired from the government
 QUESTIONS: belong to the State.
o Who is the owner of the land?  The state can consider what is alienable or not.
o Who has better right?
o How can third persons be affected? DEVELOPMENT OF LAND LAWS
o What kinds of evidences are required
 Laws of Indies
to enforce ownership?
1
 Ley Hepo….(Mortgage Law of 1893) o mortgage; or
↓(until) o lien
P.D. No. 1529
Possession is different from Ownership.
 Domination of Spain:
o Private land ownership through GRANTS Possession Ownership
o All lands belong to Spain Ex. Lease:
 Exception: Lessor= Owner Page | 2
1) Possession of person of Leasee= Possessor
land from time Possession is the holding of a
immemorial thing or the enjoyment of a right
(predecessors-in- (Article 523 Civil Code)
interest); presumption
that land is private land. In order for a DEED TO BE EFFECTIVE
2) Church/ educational REQUISITES:
properties (the King
decided that he was not  There must be a grantor
the owner of these  There must be a grantee
lands).  There must be words of grant (i.e. transfers,
 When Spain entered the Treaty assigns, leases)
of Paris, Spain did not cede the  Description of property
lands of the churches; they  Signature of grantor (important: intention to
continued to be property of the convey or transfer)
RC Church.  Attested by at least 2 witnesses
 Acknowledged by a notary public
Ohcho v. Director of Lands (75 Phils. 89) . . . All  Sec. 112, PD 1529:
lands that were not acquired from the Government,  Important to render it a public
either by purchase or by grant, belong to the public document
domain. An exception to the rule would be any land ↓
that should have been in the possession of an  Registrable Document
occupant and of his predecessors in interest since
time immemorial, for such possession would justify Cheng v. Genato
the presumption that the land had never been part of
 Registration- is the entry made in the
the public domain even before the Spanish conquest.
Registrar which records solemnly and
(Cariño vs. Insular Government, 212 U.S., 449; 53
permanently the right of ownership and all
Law. ed., 594.) 20 The applicant does not come under
the real rights.
the exception, for the earliest possession of the lot by
his first predecessor in interest began in 1880. CLASSIFICATION OF PROPERTY
Article 414:
DEFINITIONS
Land- is the solid part of the surface of the Earth. 1. Personal or movable
2. Real or immovable
Land Title- is an evidence of right of owner or extent  Lands:
of his interest by which he can maintain, control and,  Private:
as a rule, assert right to exclusive possession and i. consists of all property by
enjoyment of property. private person either
E.g. Transfer Certificate of Title/ Certificate of Title) individual or collectively (Art.
425: “Property of private
Deed- is a written instrument executed in accordance ownership, besides the
with the form prescribed by law where a person patrimonial property of the
grants or conveys land. State, provinces, cities, and
municipalities, consists of all
 Examples: property belonging to private
o transfer of title; or persons, either individually or
o encumbrance of land; or collectively)
2
ii. segregation from public 1. Production and delivery of conveyance and
lands order of grantor to grantee (complete in itself)
iii. Article 141: Gov’t. grants 2. Registration or Recording of Deed of
public agricultural lands Conveyance (is a public record kept by a public
through various kinds of official)
patents 3. System of Judicial Registration which
↓ provides title of ownership itself (not only
Already becomes private registration) Page | 3
land
(Judicial confirmation of title
[Sec. 48 (b), C.A. 141) CLASSIFICATION OF LAND IN THE PHILIPPINES
 Public- not segregated from mass of
lands. 1. Registered Land- covered by the Torrens Title
i. The Constitution classifies 2. Unregistered Land- not covered by the Torrens
4 classes: Title
1. Forest and
timberlands -The need for classification is to determine the mode
2. Mineral of transferring title.
3. Agricultural
4. Reservation Unregistered Land:
1935 and 1973 Constitution  Sec.4 Administrative Code (before PD 1529)

(only 3 classification)  Sec. 113, P.D. 1529 recording of instrument of
Agricultural lands- inalienable/not disposable unregistered land.
Homestead, sale, donation
 Once acquired, can be acquired through

SYSTEMS OF REGISTRATION IN THE
registration under the Torrens Law.
PHILIPPINES
MODES (Mortgage Law Abolished)
 Ordinary Registration
1. For Registered Lands:
 Judicial Confirmation of Title
 PD 1529 (Codified Act; Cadastral Act)
 Cadastral
2. For Unregistered Lands:
 Administrative form of registration
 Sec. 113
Example of public lands not subject to private
ownership; not registrable under Torrens:
PURPOSES OF LAND REGISTRATION
 Devoted for public use: roads, street 1. To quite title to land
Sec. 31, par. 2: The decree of registration
 Devoted for public service shall bind the land and quiet title thereto,
 Forest and timberlands subject only to such exceptions or liens as
 Mineral resources may be provided by law. It shall be conclusive
upon and against all persons, including the
 Lakes National Government and all branches
 Watershed, etc. thereof, whether mentioned by name in the
 Navigable sea application or notice, the same being included
in the general description "To all whom it may
concern".
INALIENABLE= NON-REGISTRABLE
 We are concerned with transaction involving Legarda & Prieto v.

lands; 30 Phil. 390
 Ownership: how transferred? How lost? Who has SC:
better right? -primary purpose of land registration is to settle
title to land.
3 DIFFERENT SYSTEMS -title is already unimpeachable
OF TRANSFERRING LAND TITLE -not subject to another registration
3
-to put a stop forever to any question to the -Section 31/32: Once land is already registered under
legality of the title except claims which are duly the Torrens System; All transactions in order to bind
noticed at the time of the registration (that claims third persons must be REGISTERED.
should be duly recorded in the title) -WHY? REGISTRATION- is the operative act that
binds or affects registered land insofar as third
Corollary to this is the next: person are concerned.
↓ ↓
2. To relieve the land of unknown liens, claims, Transaction of land cannot be concealed because it Page | 4
or burdens, whether just or unjust is registered prevent fraudulent claims.
Sec. 44: Statutory liens affecting title. Every Ex. Act 1544 “first registrant in good faith”
registered owner receiving a certificate of title
registration binds.
in pursuance of a decree of registration, and
every subsequent purchaser of registered
land taking a certificate of title for value and in 4. To establish priority in rights
good faith, shall hold the same free from all
encumbrances…
Sec. 56: Primary Entry Book; fees; certified
copies. Each Register of Deeds shall keep a
-Since it is already quite, the land is relived of primary entry book in which, upon payment of
unknown liens… the entry fee, he shall enter, in the order of
-third persons who did not appear are already their reception, all instruments including
barred [except] those provided by law (Sec. 44) copies of writs and processes filed with him
relating to registered land. He shall, as a
preliminary process in registration, note in
3. To prevent fraudulent claims such book the date, hour and minute of
reception of all instruments, in the order in
which they were received. They shall be
Sec. 53: Presentation of owner's duplicate
regarded as registered from the time so noted,
upon entry of new certificate. No voluntary
and the memorandum of each instrument,
instrument shall be registered by the Register
when made on the certificate of title to which it
of Deeds, unless the owner's duplicate
refers, shall bear the same date: Provided,
certificate is presented with such instrument,
that the national government as well as the
except in cases expressly provided for in this
provincial and city governments shall be
Decree or upon order of the court, for cause
exempt from the payment of such fees in
shown.
advance in order to be entitled to entry and
registration.
The production of the owner's duplicate
certificate, whenever any voluntary instrument
Every deed or other instrument, whether
is presented for registration, shall be
voluntary or involuntary, so filed with the
conclusive authority from the registered owner
Register of Deeds shall be numbered and
to the Register of Deeds to enter a new
indexed and endorsed with a reference to the
certificate or to make a memorandum of
proper certificate of title. All records and
registration in accordance with such
papers relative to registered land in the office
instrument, and the new certificate or
of the Register of Deeds shall be open to the
memorandum shall be binding upon the
public in the same manner as court records,
registered owner and upon all persons
subject to such reasonable regulations as the
claiming under him, in favor of every
Register of Deeds, under the direction of the
purchaser for value and in good faith.
Commissioner of Land Registration, may
prescribe.
In all cases of registration procured by fraud,
the owner may pursue all his legal and
All deeds and voluntary instruments shall be
equitable remedies against the parties to such
presented with their respective copies and
fraud without prejudice, however, to the rights
shall be attested and sealed by the Register of
of any innocent holder for value of a certificate
Deeds, endorsed with the file number, and
of title. After the entry of the decree of
copies may be delivered to the person
registration on the original petition or
presenting them.
application, any subsequent registration
procured by the presentation of a forged
Certified copies of all instruments filed and
duplicate certificate of title, or a forged deed or
registered may also be obtained from the
other instrument, shall be null and void.
Register of Deeds upon payment of the
prescribed fees.
-should be read in relation to 6th
-Registration is a species of notice because there’s a
5. To create indefeasible (indivisible?) and
permanen public record in the Office of Register of
imprescriptible title binding on the whole
Deeds.
world
4
Sec. 42: Registration Books. The original copy include an innocent lessee, mortgagee, or
of the original certificate of title shall be filed in other encumbrancer for value.
the Registry of Deeds. The same shall be
bound in consecutive order together with
Upon the expiration of said period of one year,
similar certificates of title and shall constitute
the decree of registration and the certificate of
the registration book for titled properties.
title issued shall become incontrovertible. Any
person aggrieved by such decree of
Sec. 47: Registered land not subject to registration in any case may pursue his
prescriptions. No title to registered land in remedy by action for damages against the Page | 5
derogation of the title of the registered owner applicant or any other persons responsible for
shall be acquired by prescription or adverse the fraud.
possession.
Corollary to this is the MIRROR DOCTRINE (all you
-Sec. 42: after 1 year of entry of (issuance) of have to do is to rely on the title; It was envisaged
registry, title becomes conclusive and that a person who was considering purchasing an
incontrovertible title can no longer be defeated by interest in land could find all the information
any other person. necessary to make a decision by inspection of the
register. That is, the register would be a `mirror' of the
-Sec. 47: imprescriptible (title) land registered can’t actual state of the proprietor's title, and disclose any
be acquired by prescription. benefits or encumbrances associated with the title
Mirror principle - the register (Certificate of Title)
6. To provide a means of publication or notice to reflects (mirrors) accurately and completely the
third persons current facts about a person's title. This means that, if
a person sells an estate, the new title has to be
-species of notice= permanent public records identical to the old one in terms of description of
↓ lands, except for the owner's name.
Once transaction is REGISTERED, that serves as
a CONSTRUCTIVE NOTICE to the whole world. Supposing, a registered land subject of sale; the
LAW ON CONSTRUCTIVE NOTICE sale is not registered, who are bound?
-permanent public records provide source and
information for the status of land  Only the parties (estoppels by deed)
↓  Heirs, assigns, successors-in-interest (based on
-there is a presumption that any buyer has already Relativity)
examined the records
↓ Are third persons bound?
-presumed to know facts
↓  It depends
-good faith is not a valid defense o If with actual knowledge of the
↓ conractshe is bound
SEC. 32 Review of decree of registration;
Innocent purchaser for value. The decree of
o K… v. Veluz (41 Phil. 604) &
registration shall not be reopened or revised Consolidated Rural Bank v. CA (448
by reason of absence, minority, or other SCRA 34)
disability of any person adversely affected  Third persons are bound
thereby, nor by any proceeding in any court
for reversing judgments, subject, however, to because actual knowledge of the
the right of any person, including the transaction is equivalent to
government and the branches thereof, registration.
deprived of land or of any estate or interest
therein by such adjudication or confirmation of Are there secret girlfriends?
title obtained by actual fraud, to file in the
proper Court of First Instance a petition for
reopening and review of the decree of How? To let her know to notify actual
registration not later than one year from and knowledge=registration
after the date of the entry of such decree of
registration, but in no case shall such petition 7. To provide stability to land titles
be entertained by the court where an innocent
purchaser for value has acquired the land or
an interest therein, whose rights may be
prejudiced. Whenever the phrase "innocent 
purchaser for value" or an equivalent phrase
occurs in this Decree, it shall be deemed to
5
REGISTRATION DOES NOT VEST TITLE TO 5. Prescription
REGISTRANT
Ex. OFW went abroad; he left documents to friend; RECOGNIZED MODES
then the friend registered.
1. Government grant
 Registration does not vest title, OFW can ask 2. Adverse possession
for reconveyance 3. Prescription
 REGISTRATION MERELY CONFIRMS 4. Reclamation Page | 6
TITLE 5. Voluntary transfer
 If you apply for registration, you proved you 6. Involuntary alienation
are the owner 7. Succession
1. GOVERNMENT GRANT
-registration is not a mode of acquiring ownership
-it does not cure defect in the contract  Whenever public land is conveyed to some
-it does not validate an illegal contract
private individual
REGISTRATION SHOULD BE ACCOMPLISHED IN  Regalian doctrine: public grant is granted by the
THE CORRECT SYSTEM OF REGISTRATION State
Ex. Land already registered; Tax Declaration is  There must be a law justifying express or implied
unregistered land; land sold to A; A registered it to grant.
registration of unregistered land by attachment  Example:
creditor; 2nd buyer bought the land from registered o C.A. 141 “Public Land Act”
owner. o Lands of public domain maybe granted to
private individual based on different land
 2nd buyer has better right because it was
wrong system of registration: invalid/legally patents and qualified beneficiaries.
ineffective registration o Homestead patent to titles may be issued
o Sales patent
ORIGINAL REGISTRATION- if first time to be o Free patent
registered in public record, it is original registration  Does not include judicial
(Original Certificate Of Title) registration proceedings; such
patents can be presented to the
2 Copies:
Register of Deeds
-Original sa Registry
 Administrative proceedings
-To registrant  Section 103. Certificates of title pursuant
to patents. Whenever public land is by
TRANSFER- is the subsequent registration (Transfer the Government alienated, granted or
Certificate) conveyed to any person, the same shall
be brought forthwith under the operation
OBJECT OF REGISTRATION: real rights and real of this Decree. It shall be the duty of the
property and interests in the land (e.g. mortgage, official issuing the instrument of
attachment, etc.) alienation, grant, patent or conveyance in
behalf of the Government to cause such
instrument to be filed with the Register of
LECTURE NOTES #2 Deeds of the province or city where the
June 26, 2010 land lies, and to be there registered like
other deeds and conveyance, whereupon
Article 172, Civil Code: a certificate of title shall be entered as in
5 MODES OF ACQUIRING LAND TITLES: other cases of registered land, and an
owner's duplicate issued to the grantee.
1. Occupation The deed, grant, patent or instrument of
2. Intellectual creation the only one not conveyance from the Government to the
grantee shall not take effect as a
applicable to real property conveyance or bind the land but shall
3. Donation/succession operate only as a contract between the
4. In consequence of contract by Government and the grantee and as
tradition/delivery evidence of authority to the Register of
6
Deeds to make registration. It is the act
of registration that shall be the operative  Alluvium
act to affect and convey the land, and in
 Avulsion
all cases under this Decree, registration
shall be made in the office of the  Formation of island
Register of Deeds of the province or city  Change of river…
where the land lies. The fees for
registration shall be paid by the grantee. Alluvium: Art. 457, CC: “To the owners of lands
After due registration and issuance of the Page | 7
adjoining the banks of rivers belong the accretion
certificate of title, such land shall be
which they gradually receive from the effects of the
deemed to be registered land to all
intents and purposes under this Decree. current of the waters.”
 Soil is attached to other person’s land
PD # 27 (During Martial Law) because of the current of water.
 Tenants are deemed as owner of land the till.  Result: area of land increases; owner of the
 Emancipated from bondage of land land bordering the river which deposit is
 Emancipation patent: attached owns the additional area.
o serves as authority of the Register of  The owner of the principal is the owner of the
Deeds to register the land accessory
o may be distinguished by the Title No. (if  Supposing land is already registered, is the
EP preceding the number registered additional area also registered?
for the first time; but subsequent o No, technical description of the
transactions no longer carry EP) property does not include the
RA 6657 (Comprehensive Agrarian Reform Law) additional area. Therefore, the
 Certificate of land transfer basis of registration additional area is unregistered.
of lands. o The remedy is to apply for
registration under P.D. No. 1529
2. ACQUISITIVE PRESCRIPTION ↓
 When a person is in possession of land in an Does not apply to FORESHORE LAND
open, continuous, exclusive and notorious
possession over a period of time prescribed by Foreshore land- land that is bordering or part of the
law. land during low tide, submerged during high tide.
 Acquisitive prescription/ Adverse Possession ↓
 Adverse possession= claiming ownership to land If you put materials in said area, there is reclamation
 Acquisition depends: 4. RECLAMATION
o If the possessor is in good faith Reclamation- method of filling, dredging, or other
acquires land after 10 years means.
o If the possessor is in bad faith   That portion of foreshore land is no longer
acquires land after 30 years covered by water givers rise to land only
 But registered land can’t be acquired through the government can claim ownership of
prescription. reclaimed areas.
 Article 5, R.A. 1866:
3. ACCRETION
Article 440, Civil Code: “The ownership of property R.A. 1899
gives the right by accession to everything which is  Allows filling, dredging, docking
 Who owns? They become the property of the city
produced thereby, or which is incorporated or
attached thereto, either naturally or artificially.” or municipality who made the reclamation.
 While it remains with the government, the
 Act of principal producing of thing is attached to
government can exercise positive act and declare
the principal
 Gives right to accessory it as alienable and disposable.
Accretion- anything produced, incorporated, attached Chavez v. Public Estates Authority

to the land.
7
PD 1084 gave PEA authority to reclaim land; to o deed of donation,

develop, improve, acquire or sell land. PEA started to o deed of assignment
dispose property. This was questioned.  Must be in from sufficient in law
Issues:  If it involves land, it should be registered.
1. That submerged area of Manila Bay remains
6. INVOLUNTARY ALIENATION
inalienable natural resources of public domain it
 Does not require consent/participation of the Page | 8
can’t be transferred to other party beyond the
owner.
commerce of men  Examples:
2. When can it be subject to transfer? The filling of o Seizure
the submerged areas through the reclamation o Levy on attachment
project, in order to be alienable, the government o Levy on execution
should issue a proclamation that the land is now
alienable. 7. SUCCESSION
 Acquisition of property rights and obligations of
Foreshore lands decedent upon the latter’s death.
 inalienable lands of public domain  Heirs, legatees, devisees successors
 can’t be reclassified  Voluntary heir-
 can’t be subject of private ownership  Devise- if real property is given as a gift in the will
 Regalian doctrine: sea and foreshore areas are  Devisee- given the gift
part of public domains;  Legatee-
 Existence of Regalian doctrine from Spanish Law
of Waters.
SIGNIFICANCE OF THE MODES OF ACQUIRING
Conversion of Military Reservation LAND TITLES
 (At the time of Ramos) No longer needed for  Any one of the modes is basis of ownership
public service and converted to patrimonial basis of registration
property or lands which may be alienable.  Provides what we need to establish for voluntary
 Example: Fort Bonifacio; Clark Airbase; Subic land registration
Naval Base  But registration is only to confirm ownership
 Classified as alienable and disposable.  Without these, you can’t have your title
confirmed; court won’t grant.
Private Corporations not legally qualified to own land  Sec. 14 (1529)
of public domains
 1973, 1987 Constitution BASIC LAWS
 Commonly, only lease for 25 years renewable for P.D. No. 1529- judicial and in rem
another 25 years; 1000 hectares 1. Voluntary Registration (Ordinary) - it is the
 1935 Constitution: private corporations can own owner of the land who applies for registration
2. Compulsory proceeding – (Sec. 35, 36, 37, 38)
public domains they remain owners of land;
Cadastral:
they have vested rights of property; if we apply  judicial but compulsory
the current Constitution retroactively, it will be a  the State will file
deprivation of property without due process of  cadastral survey
law.  you should file your answer/claim otherwise,
you’ll lose your land
5. VOLUNTARY TRANSFER 3. Judicial Confirmation of Title
 Common mode CA 141, as amended:
 Can be made by the owner or his agent  judicial and voluntary
 Consent and voluntary intention of the owner is  Section 48 (d), CA 141
necessary. 4. ADMINISTRATIVE PROCEEDINGS
 Examples:  Section 103. Certificates of title pursuant
o conveyance in a deed of sale, to patents. Whenever public land is by
the Government alienated, granted or
8
conveyed to any person, the same shall  Under DOJ
be brought forthwith under the operation
 Its arms (under it) are: various Register of Deeds
of this Decree. It shall be the duty of the
official issuing the instrument of in provinces and cities
alienation, grant, patent or conveyance in  Headed by: Register of Deeds assisted
behalf of the Government to cause such by Deputy Register of Deeds
instrument to be filed with the Register of  Must be members of the Philippine Bar
Deeds of the province or city where the
land lies, and to be there registered like Page | 9
Important functions of the LRA
other deeds and conveyance, whereupon
a certificate of title shall be entered as in
other cases of registered land, and an Section 6. General Functions.
owner's duplicate issued to the grantee.
The deed, grant, patent or instrument of (1) The Commissioner of Land Registration shall have the
conveyance from the Government to the following functions:
grantee shall not take effect as a
conveyance or bind the land but shall (a) Issue decrees of registration pursuant to final judgments of the
operate only as a contract between the courts in land registration proceedings and cause the issuance by
Government and the grantee and as the Registers of Deeds of the corresponding certificates of title;
evidence of authority to the Register of
Deeds to make registration. It is the act (b) Exercise supervision and control over all Registers of Deeds
of registration that shall be the operative and other personnel of the Commission;
act to affect and convey the land, and in
all cases under this Decree, registration (c) Resolve cases elevated en consulta by, or on appeal from
shall be made in the office of the decision of, Registers of Deeds;
Register of Deeds of the province or city
where the land lies. The fees for (d) Exercise executive supervision over all clerks of court and
registration shall be paid by the grantee. personnel of the Courts of First Instance throughout the
After due registration and issuance of the Philippines with respect to the discharge of their duties and
certificate of title, such land shall be functions in relation to the registration of lands;
deemed to be registered land to all
intents and purposes under this Decree. (e) Implement all orders, decisions, and decrees promulgated
relative to the registration of lands and issue, subject to the
approval of the Secretary of Justice, all needful rules and
Indigenous People’s Rights Act (IPRA) regulations therefor;
 Involves ancestral domain
 Indigenous people covered by IPRA may apply (f) Verify and approve subdivision, consolidation, and
for registration of land. consolidation-subdivision survey plans of properties titled under
 Judicial and voluntary Act No. 496 except those covered by P.D. No. 957.
(2) The Land Registration Commission shall have the following

CHAPTER 2 TORRENS SYSTEM functions:
 Devised by Sir Robert Richard Torrens
 English Merchant Shipping Act involved (a) Extend speedy and effective assistance to the Department of
registration of ships; he made/applied it to land Agrarian Reform, the Land Bank, and other agencies in the
implementation of the land reform program of the government;
registration
↓
(b) Extend assistance to courts in ordinary and cadastral land
 Real Property Act of 1857/1858 (?) registration proceedings;
Advantages of Torrens System (c) Be the central repository of records relative to

Refer to book/s; read and learn original registration of lands titled under the
Torrens system, including subdivision and
Comparative benefits consolidation plans of titled lands.
Refer to book; read and learn
Which government agency implements?  Report involving lands subject to land registration
LAND REGISTRATION AUTHORITY (EO 292)
proceedings
 Headed by: Administrator assisted by 2 deputy
administrator
9
Importance of functions: (3) Third Class Registries The salaries of Registers of Deeds in
third class Registries shall be three thousand four hundred pesos
 To verify if the decree of the Commissioner/ per annum less than those of Registers of Deeds in second class
Administrator (decree of registration) is genuine Registries.
or not, go to LRA
 For records that are almost destroyed, you can (4) The salaries of Deputy Registers of Deeds and Second Deputy
Registers of Deeds shall be three thousand four hundred pesos
get it from LRA per annum less than those of their corresponding Registers of
Deeds and Deputy Registers of Deeds, respectively. Page | 10
Administrator, functions:
 Power/ duty to issue decree of registration The Secretary of Justice, upon recommendation of the
 Issuance in Registry of Deeds of Certificates of Commissioner of Land Registration, shall cause the
reclassification of Registries based either on work load or the class
Titles of province/city, whichever will result in a higher classification, for
 May resolve cases elevated to him in consulta: purposes of salary adjustments in accordance with the rates
 Is the document registrable or not? hereinabove provided.
 Appealable to the Court of Appeals
 Duty to implement order, issue decrees of Section 9. Qualifications of Registers of Deeds and Deputy
Registers of Deeds. No person shall be appointed Register of
registration of lands, provide rules and Deeds unless he has been admitted to the practice of law in the
regulations Philippines and shall have been actually engaged in such practice
for at least three years or has been employed for a like period in
any branch of government the functions of which include the
Register of Deeds- repository of records in registration of property.
provinces or cities
The Deputy Register of Deeds shall be a member of the Philippine
Section 7. Office of the Register of Deeds. There shall be at least Bar. Provided, however, that no Register of Deeds or Deputy
one Register of Deeds for each province and one for each city. Register of Deeds holding office as such upon the passage of this
Every Registry with a yearly average collection of more than sixty Decree shall by reason hereof, be removed from office or be
thousand pesos during the last three years shall have one Deputy demoted to a lower category or scale of salary except for cause
Register of Deeds, and every Registry with a yearly average and upon compliance with due process as provided for by law.
collection of more than three hundred thousand pesos during the
last three years, shall have one Deputy Register of Deeds and one Section 10. General functions of Registers of Deeds. The office of
second Deputy Register of Deeds. the Register of Deeds constitutes a public repository of records of
instruments affecting registered or unregistered lands and chattel
The Secretary of Justice shall define the official station and mortgages in the province or city wherein such office is situated.
territorial jurisdiction of each Registry upon the recommendation of
the Commissioner of Land Registration, with the end in view of It shall be the duty of the Register of Deeds to immediately register
making every registry easily accessible to the people of the an instrument presented for registration dealing with real or
neighboring municipalities. personal property which complies with all the requisites for
registration. He shall see to it that said instrument bears the proper
The province or city shall furnish a suitable space or building for documentary and science stamps and that the same are properly
the office of the Register of Deeds until such time as the same canceled. If the instrument is not registerable, he shall forthwith
could be furnished out of national funds. deny registration thereof and inform the presentor of such denial in
writing, stating the ground or reason therefor, and advising him of
his right to appeal by consulta in accordance with Section 117 of
Section 8. Appointment of Registers of Deeds and their Deputies this Decree.
and other subordinate personnel; salaries. Registers of Deeds
shall be appointed by the President of the Philippines upon
recommendation of the Secretary of Justice. Deputy Registers of Sec. 10- Function duty to immediately register
Deeds and all other subordinate personnel of the Registries of application presented for registration of real property
Deeds shall be appointed by the Secretary of Justice upon the
recommendation of the Commissioner of Land Registration. provided it complies with all requisites.
If not registrable, write it and the reason of denial
The salaries of Registers of Deeds and their Deputies shall be at
the following rates: Power to determine registrability comply with
Section 112 (PD 1529) Requisites of Deed such as
(1) First Class Registries The salaries of Registers of Deeds in first the acknowledgment by notary public because only
class Registries shall be three thousand four hundred pesos per
annum less than that of the Deputy Commissioner. public documents may be registered in Register of
Deeds.
(2) Second Class Registries The salaries of Registers of Deeds in
second class Registries shall be three thousand four hundred Nature and Character of Functions
pesos per annum less than those of Registers of Deeds in first Maranga v. Bustillo
class Registries.
10
 Ministerial duty provided that the document is  cases of land with no controversy
registrable, payment is made, etc.  case of controversy of land value does not
 RoD no discretion to deny exceed 100,000 pesos
 RoD precluded from exercising personal
Where to appeal?
judgment or discretion
 Court of Appeals Land Registration &
 The supposed invalidity of contract is not a valid Cadastral Cases Page | 11
excuse for denying registration.
 In determining what is valid: this involves
discretion judicial and not ministerial Judicial Confirmation of Incomplete Title
 Questions involving the validity be decided after Section 48 (d) of CA 141
registration (Sec. 52) - Judicial & in rem
- Registration proceeding is conclusive and
Supposing, document provides that Yao Ming,
final
Chinese (buyer) of land situated in Forbes Park, if
your RoD, will you register? 1. What kinds of lands are covered?
-NO, Sec.55/56: citizenship is required - Alienable and disposable land of public
determines registrability first (private corporations domain
also qualified to own land in the Philippines) 2. Period of possession and occupation of land
- Since June 12, 1945 or earlier
SECTION 2, PD NO. 1529 3. When should application be filed?
Types of Land Registration - Deadline: within or up to December 21, 2020
1. General 4. Maximum area
2. Judicial - Should not exceed 12 hectares
3. Administrative
a. Voluntary
b. Compulsory Next week:
c. Judicial confirmation Chapter 3, 4, 5
Nature of Land Registration Proceedings Quiz and recitation

 Judicial
 Based on generally accepted principles of
Torrens System
 In rem (binding on all persons, on the whole JUDICIAL CONFIRMATION OF INCOMPLETE OR
world) IMPERFECT TITLE
How? How do court acquire jurisdiction of
defendant? NATURE OF PROCEEDINGS
-summons (impractical)
-publication (Sec. 23)  Judicial
-Section 26 consequences of publication: “To  In rem- against the whole world
All Whom it May Concern” all persons are
LAWS GOVERNING JUDICIAL CONFIRMATION
made party defendants to the case. OF TITLE
Public Land Act (C.A. 141), as amended, governs
Which court has jurisdiction? lands of the public domain, except timber and mineral
 (BP 129 renamed CFI to) RTC lands, friar lands, and privately-owned lands which
 Does RTC have exclusive jurisdiction? reverted to the State.
o No, (Sec. 34), amendment RA 7691
SC given authority to assign cases to Sec. 48 (b), Chapter VIII, of CA 141, as amended
inferior courts (Sec. 34) (Public Land Act), provides:
o A.O. 6-96-A (Nov. 15, 1995): MTC, etc.
“Sec. 48. The following described
delegated jurisdiction citizens of the Philippines, occupying lands of
What cases may be filed before inferior courts? the public domain or claiming to own any such
Section 34: lands or an interest therein, but whose titles
have not been perfected or completed, may
11
apply to the Regional Trial Court of the citizens who had possessed the same in the manner
province or city where the land is located for
and for the length of time indicated in subparagraphs
confirmation of their claims and the issuance
of a certificate of title therefor, under the 1 and 2 above.
Property Registration Decree, to wit: 4. Natural-born citizens of the Philippines who have lost
xxx xxx xxx xxx their Philippine citizenship, who have acquired
disposable and alienable lands of the public domain
(b) Those who by themselves or through their
predecessors in interest have been in the from Filipino citizens who had possessed the same in
open, continuous, exclusive, and notorious the same manner and for the length of time indicated Page | 12
possession and occupation of alienable and in subparagraphs 1 and 2.
disposable agricultural lands of the public
domain, under a bona fide claim of acquisition
or ownership, since June 12, 1945, except WHAT APPLICANT MUST PROVE
when prevented by war or force majeure. 1. The land is alienable and disposable land of the
These shall be conclusively presumed to have public domain, and
performed all the conditions essential to a
2. His possession must be for the length of time and in
Government grant and shall be entitled to a
certificate of title under the provisions of this the manner and concept stated in Section 48(b) of
chapter. the Public Land Act, as amended.
(c) Members of the national cultural minorities
who by themselves or through their
The burden of proof lies with the applicant to prove
predecessors-in-interest have been in open,
continuous, exclusive and notorious his positive averments.
possession and occupation of alienable and
disposable agricultural lands of the public Sec. of DENR, et al. v. Jose M. Yap
domain, under a bona fide claim of ownership
since June 12, 1945, shall be entitled to the 2 Requirements
rights in subsection (b) hereof.” 1. open, continuous, exclusive and notorious
possession and occupation of
PERIOD OF FILING OF APPLICATION FOR 2. alienable and disposable lands of the public
JUDICIAL CONFIRMATION OF TITLE domain
The latest extension of the period is until December
31, 2020, within which to file said applications. “Possession”
- Broader than occupation because it includes
LIMITATION OF AREA APPLIED FOR: “shall apply constructive possession
only where the area applied for does not exceed 12 - When the law adds the word occupation, it seeks to
hectares.”
delimit the all-encompassing effect of constructive
possession.
APPLICANTS
- Taken together with the words ‘open, continuous,
By law and jurisprudence, the following may therefore
exclusive and notorious, the word occupation serves
apply for judicial confirmation of their imperfect or
to highlight the fact that for one to qualify under
incomplete title:
paragraph (b) of the aforesaid section (48), his
1. Filipino citizens who by themselves or through their
possession of the land must not be mere fiction.
predecessors-in-interest have been in open,
continuous, exclusive and notorious possession and
Possession is:
occupation of alienable and disposable lands of the
“Open”- when it is patent, visible, apparent, notorious
public domain under a bona fide claim of acquisition
and not clandestine;
since June 12, 1945 or prior thereto, or even since
“Continuous”- when uninterrupted, unbroken and not
time immemorial.
intermittent or occasional;
2. Filipino citizen who by themselves or their
“Exclusive”- when the adverse possessor can show
predecessors-in-interest have been prior to the
exclusive dominion over the land and an
effectivity of P.D. 1073 on January 25, 1977, in open,
appropriation of it to his own use and benefit; and
continuous, exclusive and notorious possession and
“Notorious”- when it is so conspicuous that it is
occupation of agricultural lands of the public domain,
generally known and talked of by the public or the
under a bona fide claim of acquisition of ownership,
people in the neighborhood.
for at least 30 years, or at least since January 24,
1947.
Use of land is “adverse” when it is open and
3. Private corporations or associations which had
notorious.
acquired lands, formerly part of the alienable and
disposable lands of the public domain, from Filipino
Effect of compliance with requirement
12
Director of Lands v. IAC: 1. Still, a private corporation may institute confirmation
When the conditions as specified in Sec.48 (b) of the proceedings under Sec. 48 (b) of the Public Land Act
Public Land Act, as amended, are complied with, the if, at the time of institution of the registration
possessor is deemed to have acquired, by proceedings, the land was already private land.
operation of law (automatic), a right to a grant, 2. The correct rule is that alienable public land held by a
government grant, without the necessity of a possessor, personally or through his predecessors-in-
certificate of title being issued. interest, openly continuously and exclusively for the
prescribed period is converted to private property by Page | 13
The land perforce ceases to be of the public domain, the mere lapse or completion of said period, ipso
and beyond the authority of the Director of Land jure.
Management to dispose of. The application for 3. Since Sec. 48 (b) itself considers “possession of
confirmation is then a mere formality, the lack of public land which is of the character and duration
which does not affect the sufficiency of the title as prescribed by statute as the equivalent of an express
would be evidenced by the patent and the grant from the State,” then confirmation proceedings
corresponding Torrens title issued pursuant to such would in truth be little more than a formality, at the
patent. most limited to ascertaining whether the possession
claimed is of the required character and length of
The above provision applies exclusively to public time; and registration thereunder would not confer
agricultural land, which are alienable and disposable. title, but simply recognize a title already veste (vested
right).
PRIVATE CORPORATIONS OR ASSOCIATIONS AS
4. The purely accidental circumstance that confirmation
APPLICANTS
proceedings were brought under the aegis of a
Corporations may file for judicial confirmation of title
subsequent law which forbids corporations from
(jcot).
owning lands of the public domain cannot defeat a
right already vested before that law came into effect,
The 1987 Philippine Constitution, Chapter XII, Sec. 3 :
or invalidate transactions then perfectly valid and
“…Private corporations or associations may not hold
proper. The Constitution cannot impair vested rights.
such alienable lands of the public domain except by
lease, for a period not exceeding twenty-five (25) 5. The objection that ACME is not qualified to apply for
years, renewable for not more than twenty-five years, judicial confirmation is technical, rather than
and not to exceed one thousand hectares in area.” substantial.
If the land is still part of the alienable and disposable PROCEDURAL REQUIREMENT
lands of the public domain at the time a corporation Form and contents of application
or association files and application for confirmation of Sec. 50 of the Public Land Act provides that the
imperfect incomplete title thereto or at the time such application for judicial confirmation of imperfect or
applicant acquired the land from a Filipino citizen, incomplete title “shall conform as nearly as may be in
then the aforequoted constitutional bar lies. its material allegations to the requirements of an
application under the Land Registration Act,” now the
On the other hand, where at the time such Property Registration Decree.
corporation acquired land, its predecessors-in-
interest by exclusive, continuous and adverse Accordingly, the applicant should state in his
possession of the same in the manner and for the application the material facts and information
period prescribed by law as to entitle him to required under Section 15 of said Decree.
registration in his name, then the prohibition does not
Section 15. Form and contents. The
apply for the land was no longer public land but application for land registration shall be in
private property. writing, signed by the application or the
person duly authorized in his behalf, and
The main point to consider is: w/n the land at the sworn to before any officer authorized to
administer oaths for the province or city where
time of the filing is already private/public the application was actually signed. If there is
- If public: it cannot apply for jcot more than one applicant, the application shall
- If private: it may validly apply for jcot. be signed and sworn to by and in behalf of
each. The application shall contain a
description of the land and shall state the
Director of Lands v. IAC and Acme Plywood and citizenship and civil status of the applicant,
Veneer Co., Inc. whether single or married, and, if married, the
name of the wife or husband, and, if the
13
marriage has been legally dissolved, when 1. Survey of land by Land Management Bureau
and how the marriage relation terminated. It
or a duly licensed private surveyor;
shall also state the full names and addresses
of all occupants of the land and those of the (According to sir) Before filing would be
adjoining owners, if known, and, if not known, preparation.
it shall state the extent of the search made to 2. Filing of application for registration by the
find them.
applicant;
3. Setting of the date for the initial hearing of
CONFIRMATION OF TITLE OVER LAND the application by the Court; Page | 14
PREVIOUSLY DECLARED PUBLIC LAND 4. Transmittal of the publication and the date of
A judicial declaration (either ordinary or cadatral) that initial hearing with all the documents or other
a parcel of land is public does not preclude even the evidences attached thereto by the Clerk of
same applicant from subsequently seeking a judicial Court to the Land Registration Authority
confirmation of his title to the same land, provided he (LRA);
thereafter complies with the provisions of Sec. 48 (b), 5. Publication of a notice of the filing of the
as amended, and as long as said public land remains application and date and place of the hearing
alienable and disposable. in the Official Gazette;
6. Service of notice upon contiguous owners,
DISTINCTIONS BETWEEN OLR AND JCT occupants and those known to have interests
(by Judge Serrano) in the property by the sheriff;
7. Filing of answer to the application by any
ORDINARY LAND JUDICIAL
person whether named in the court or not;
REGISTRATION CONFIRMATION OF
8. Hearing of the case by the Court;
PROCEEDINGS TITLE
9. Promulgation of judgment by the Court;
Title to land exist subject Presumption is that the 10. Issuance of the decree by the Court
to confirmation land applied for pertains declaring the decision final and instructing
to the State, and that the the LRA to issue a decree of confirmation
occupants and and registration;
possessors only claim an 11. Entry of the decree of registration in the LRA;
interest in the same by 12. Sending of copy of the decree of registration
virtue of their imperfect to the corresponding Register of Deeds; and
title or continuous, open, 13. Transcription of the decree of registration in
and notorious possession the registration book and issuance of the
owner’s duplicate original certificate to the
May be dismissed with or Dismissal is always with applicant by the Register of Deeds, upon
without prejudice prejudice (res judicata) payment of the prescribed fees.
(Applicant may re-file
case) A certificate of title issued without fully complying with
the above requisites are thus illegal and invalid and
If without prejudice, If applicant fails to prove may be cancelled by the courts.
applicant will not lose the grant as basis of
ownership to the confirmation, property is SURVEY
property declared land of public (by Judge Serrano)
domain and loses Prepares survey plan
property ↓
Technical description (purpose: to identify
and describe the landJ)
↓
ORDINARY REGISTRATION PROCEEDINGS Submitted to the Land Management Bureau
for approval by the Director
STEPS IN REGISTRATION PROCEEDINGS (SFS- PREPARATION
TPS-FHP-IEST)
(applicable to original registration and confirmation of APPLICANTS IN ORDINARY REGISTRATION
imperfect or incomplete title) PROCEEDINGS
14
Section 14. Who may apply. The following
persons may file in the proper Court of First
Sec. 14 (1)
Instance an application for registration of title
to land, whether personally or through their same as judicial confirmation of title under Public
duly authorized representatives: Land Act
Requisites under Sec. 14 (1)

(1) Those who by themselves or through
1. That the property is an agricultural land of the Page | 15
their predecessors-in-interest have been
in open, continuous, exclusive and
notorious possession and occupation of public domain;
alienable and disposable lands of the 2. That it has been classified by a positive act of
public domain under a bona fide claim of
government as alienable and disposable;
ownership since June 12, 1945, or
earlier.
3. That the applicant, by himself or through his
predecessors-in-interest, has been in open,
continuous, exclusive and notorious
(2) Those who have acquired ownership of possession and occupation of the land in the
private lands by prescription under the concept of owner; and
provision of existing laws.
4. That such possession and occupation is

under a bona fide claim of ownership since
June 12, 1945 or earlier.
(3) Those who have acquired ownership of
private lands or abandoned river beds by
right of accession or accretion under the
existing laws. Alienable and disposable land
Requires that the property sought to be registered as
already alienable and disposable at the time of the
application for registration and not at the time/before
(4) Those who have acquired ownership of applicant’s possession
land in any other manner provided for by
law.
To prove that the land is alienable: applicant must
establish the existence of a positive act of the
Where the land is owned in common, all the government such as presidential proclamation or an
co-owners shall file the application jointly. executive order.
Where the land has been sold under pacto de
retro, the vendor a retro may file an
application for the original registration of the Sec. 14 (2)
land, provided, however, that should the Article 1137 of the Civil Code
period for redemption expire during the provides that “ownership and other
pendency of the registration proceedings and
ownership to the property consolidated in the real rights over immovables also
vendee a retro, the latter shall be substituted prescribe through uninterrupted
for the applicant and may continue the adverse possession thereof for thirty
proceedings. years, without need of title or of good
A trustee on behalf of his principal may apply faith.”
for original registration of any land held in trust
by him, unless prohibited by the instrument Rules for 30-year period:
creating the trust.
Who can apply? 1. The present possessor may complete the

period by tacking his possession to that of his
grantor or predecessor-in-interest;
1. Natural persons
2. The present possessor who was also the
2. Juridical persons
possessor at a previous time, is presumed to
have continued to be in possession during
3. – Corporations (under the Constitution must the intervening time in the absence of proof
be 60% owned by Filipinos) to the contrary;
15
3. The first day shall be excluded and the last not exceed the value of the area
day included. occupied by the new bed.”
Sec. 14 (4)
Acquisition of “ownership of private lands by Persons or entities acquiring ownership of land by
prescription under existing law”- It is not therefore, other modes may apply for registration of title thereto:
ownership of any kind of “immovable” acquired by
prescription that may be registered under said 1. A land reserved, by presidential Page | 16
Decree, but only the ownership of private lands. proclamation, for a certain purpose is not
subject to entry by any other person or entity
Ex. Lands registered under the Spanish Mortgage and no lawful settlement on them can be
Law which are not yet covered by a certificate of title acquired. The proclamation legally effected a
by the time of the issuance of PD 1529 on June 11, land grant, validly sufficient for initial
1978 and considered as unregistered land: these registration by the grantee under the PD
lands may be acquired by a person by prescription by 1529. Such land grant is constitutive of a “fee
adverse possession against the original grantee. simple” title or absolute title in favor of said
grantee.
Sec. 14 (3) 2. Persons or entities to whom a land has been
Article 457, CC: “To the owners of ceded by the Republic of the Philippines by
lands adjoining the banks of rivers law may thus also properly apply for
belong the accretion which they registration of title thereto.
gradually receive from the effects of
the current of the waters.
Persons who cannot properly file an application
For accretion and alluvion to be registrable, requisites for registration of land
must concur:
1. A public land sales applicant
1. That the deposit be gradual and 2. A mortgagee, or his successor-in-interest to
imperceptible; the mortgage (a lien/encumbrance is not
2. That it be made through the effects of the ownership)
current of the water;
3. An antichretic creditor cannot acquire by
3. That the land where the accretion takes prescription the land surrendered to him by
place is adjacent to the banks of rivers. the debtor. His possession not in concept of
owner but mere holder placed in possession
4. That it must be exclusive work of nature and of the land b its owners; such possession
not caused by human intervention. cannot serve as a title for acquiring dominion.
4. A person or entity whose claim of ownership

An accretion from river to registered land does not to land had been previously denied in a
automatically become registered land. As such it reivindicatory action, and the right of
must be placed under the operations of the Torrens ownership thereto of another upheld by the
title. courts, cannot apply for the same land in a
registration proceedings.
Article 461, CC: “river beds which are
abandoned through the natural FILING
change in the course of the waters
FORM AND CONTENTS OF APPLICATION
ipso facto belong the owners whose Section 15. Form and contents. The
lands are occupied by the new application for land registration shall be in
course in proportion to the area lost. writing, signed by the application or the
However, the owners of lands person duly authorized in his behalf, and
sworn to before any officer authorized to
adjoining the old bed shall have the administer oaths for the province or city where
right to acquire the same by paying the application was actually signed. If there is
the value thereof, which value shall more than one applicant, the application shall
be signed and sworn to by and in behalf of
16
each. The application shall contain a 5. The manner by which the applicant has
description of the land and shall state the
acquired the land (Refer to Sec. 14)
citizenship and civil status of the applicant,
whether single or married, and, if married, the
name of the wife or husband, and, if the 6. The full names and addresses of all
marriage has been legally dissolved, when
and how the marriage relation terminated. It
occupants of the land and those of the
shall also state the full names and addresses adjoining owners, if known, and if not known,
of all occupants of the land and those of the the applicant shall state the extent of the
adjoining owners, if known, and, if not known, search made to find them. Page | 17
it shall state the extent of the search made to
find them.
7. When land applied for borders on road: Sec.
Section 20. When land applied for borders on 20.
road. If the application describes the land as
bounded by a public or private way or road, it
shall state whether or not the applicant claims
8. Sec. 21: the court may required facts to be
any and what portion of the land within the stated in the application in addition to those
limits of the way or road, and whether the prescribed by the Decree not inconsistent
applicant desires to have the line of the way or therewith and may required the filing of any
road determined.
additional papers. It may also conduct an
Section 21. Requirement of additional facts ocular inspection, if necessary.
and papers; ocular inspection. The court may
require facts to be stated in the application in
addition to those prescribed by this Decree
not inconsistent therewith and may require the If the applicant is non-resident:
filing of any additional paper. It may also Section 16. Non-resident applicant. If the
conduct an ocular inspection, if necessary. applicant is not a resident of the Philippines,
he shall file with his application an instrument
in due form appointing an agent or
The application shall contain the following: representative residing in the Philippines,
giving his full name and postal address, and
1. Description of the land applied for, together shall therein agree that the service of any
legal process in the proceedings under or
with the buildings and improvements thereon, growing out of the application made upon his
if any. The plan duly approved by the Director agent or representative shall be of the same
of Land Management Bureau, and technical legal effect as if made upon the applicant
descriptions of the land applied for, must be within the Philippines. If the agent or
representative dies, or leaves the Philippines,
attached to the application. (All these are the applicant shall forthwith make another
produced in the 1st step: survey) appointment for the substitute, and, if he fails
2. The citizenship and civil status of the to do so the court may dismiss the application.
applicant, whether single or married, and if
married, the name of the wife or husband, WHERE TO FILE
and, if the marriage has been legally Section 17. What and where to file. The
application for land registration shall be filed
dissolved, when and how the marriage with the Court of First Instance (now RTC) of
relation terminated. the province or city where the land is situated.
The applicant shall file together with the
application all original muniments of titles or
3. The assessed value of the land and the copies thereof and a survey plan of the land
buildings and other improvements thereon, approved by the Bureau of Lands (now
based on the last assessment for taxation Bureau of Land Management).
purposes.
The clerk of court shall not accept any
application unless it is shown that the
4. Mortgage or encumbrance of any kind applicant has furnished the Director of Lands
(now Director of Land Management) with a
whatsoever affecting the land applied for, or
copy of the application and all annexes.
names of other persons who may have an
interest therein, legal or equitable. Otherwise, AMENDMENTS TO APPLICATION AND NEEDED
the applicant shall state that to the best of his PUBLICATION
knowledge and belief, there is no such Section 18. Application covering two or more
encumbrance or interested persons. parcels. An application may include two or
more parcels of land belonging to the
applicant/s provided they are situated within
the same province or city. The court may at
17
any time order an application to be amended conveyance or encumbrance created by said
by striking out one or more of the parcels or instruments, or order that the decree of
by a severance of the application. registration be issued in the name of the
person to whom the property has been
Section 19. Amendments. Amendments to conveyed by said instruments.
the application including joinder, substitution,
or discontinuance as to parties may be
allowed by the court at any stage of the
proceedings upon just and reasonable terms.
AFTER FILING OF APPLICATION Page | 18
Amendments which shall consist in a
substantial change in the boundaries or an
increase in area of the land applied for or NOTICE AND INITIAL HEARING
which involve the inclusion of an additional Includes (take note steps for registration):
land shall be subject to the same
requirements of publication and notice as in
an original application. 3. Setting date for initial hearing and publication
4. Transmittal of the publication and the date of
Under the above provision, there is need to comply initial hearing with all the documents or other
with the required publication and notice if the evidences attached thereto by the clerk of court
amendment of the application consists in: to the land registration authority (lra)
1. A substantial change in the boundaries; 5. Publication of a notice of the filing of the

2. An increase in the area of the land applied application and date and place of the hearing in
for; or the official gazette
3. The inclusion of an additional land. 6. Service of notice upon contiguous owners,

occupants and those known to have interests in
the property by the sheriff
Reason for republication: to give notice to all persons
concerned regarding the amended application. Section 23. Notice of initial hearing,
publication, etc. The court shall, within five
Without new publication the registration court cannot days from filing of the application, issue an
acquire jurisdiction over the area or parcel of land order setting the date and hour of the initial
that is added to the area covered by the original hearing which shall not be earlier than forty-
application, and the decision of the registration court five days nor later than ninety days from the
date of the order.
would be a nullity insofar as the decision concerns
the newly included land. The public shall be given notice of the initial
hearing of the application for land registration
No republication required: by means of (1) publication; (2) mailing; and
(3) posting.
 Amendment due to change of name of applicant

 Amendment due to decrease in the area of the 1. By publication.
land
Upon receipt of the order of the court setting

the time for initial hearing, the Commissioner
DEALINGS WITH LAND PENDING ORIGINAL of Land Registration shall cause notice of
REGISTRATION initial hearing to be published once in the
Official Gazette and once in a newspaper of
Section 22. Dealings with land pending general circulation in the Philippines:
original registration. After the filing of the Provided, however, that the publication in the
application and before the issuance of the Official Gazette shall be sufficient to confer
decree of registration, the land therein jurisdiction upon the court. Said notice shall
described may still be the subject of dealings be addressed to all persons appearing to have
in whole or in part, in which case the an interest in the land involved including the
interested party shall present to the court the adjoining owners so far as known, and "to all
pertinent instruments together with a whom it may concern". Said notice shall also
subdivision plan approved by the Director of require all persons concerned to appear in
Lands in case of transfer of portions thereof court at a certain date and time to show cause
and the court, after notice to the parties, shall why the prayer of said application shall not be
order such land registered subject to the granted.
18
2. By mailing. address) praying for the registration and
confirmation (or for the settlement and
adjudication, in case of petition in cadastral
proceedings) of title to the following described
(a) Mailing of notice to persons named in the
lands:
application. The Commissioner of Land
Registration shall also, within seven days after
(Insert description)
publication of said notice in the Official
Gazette, as hereinbefore provided, cause a
You are hereby served this notice to appear
copy of the notice of initial hearing to be
before this Court at its session to be held at Page | 19
mailed to every person named in the notice
_________________ on the ______________
whose address is known.
day of _______________, 19 ______, at
_____________ o'clock in the _________
(b) Mailing of notice to the Secretary of Public
then and there to present such claims as you
Highways, the Provincial Governor and the
may have to said lands or any portion thereof,
Mayor. If the applicant requests to have the
and to submit evidence in support of such
line of a public way or road determined, the
claim; and unless you appear at said Court at
Commissioner of Land Registration shall
the time and place aforesaid, your default will
cause a copy of said notice of initial hearing to
be recorded and the title to the lands will be
be mailed to the Secretary of Public
adjudicated and determined in accordance
Highways, to the Provincial Governor, and to
with law and the evidence before the Court,
the Mayor of the municipality or city, as the
and thereafter you will forever be barred from
case may be, in which the land lies.
contesting said application (or petition) or any
decree entered thereon.
(c) Mailing of notice to the Secretary of
Agrarian Reform, the Solicitor General, the
Witness, the Hon.
Director of Lands, the Director of Public
________________________ Judge of the
Works, the Director of Forest Development,
Court of First Instance of _______ this
the Director of Mines and the Director of
_______ day of _________________, in the
Fisheries and Aquatic Resources. If the land
year 19______.
borders on a river, navigable stream or shore,
or on an arm of the sea where a river or
harbor line has been established, or on a lake, Attest:
or if it otherwise appears from the application
or the proceedings that a tenant-farmer or the
Commissioner of Land Registration
national government may have a claim
adverse to that of the applicant, notice of the
initial hearing shall be given in the same
manner to the Secretary of Agrarian Reform,
the Solicitor General, the Director of Lands,
the Director of Mines and/or the Director of
Fisheries and Aquatic Resources, as may be
appropriate.
3. By posting.
The Commissioner of Land Registration shall The court order setting the date of initial
also cause a duly attested copy of the notice hearing
of initial hearing to be posted by the sheriff of ↓
the province or city, as the case may be, or by
his deputy, in a conspicuous place on each
Transmitted to the Administrator of the LRA
parcel of land included in the application and ↓
also in a conspicuous place on the bulletin Administrator prepare/issue notice of initial
board of the municipal building of the hearing in the form prescribed in Sec. 23
municipality or city in which the land or portion
thereof is situated, fourteen days at least
↓
before the date of initial hearing. Notice given to public by publishing, mailing
The court may also cause notice to be served and posting
to such other persons and in such manner as
it may deem proper.
Court order beyond 90 days
(Caption and Title) Republic v. San Lorenzo (?)
NOTICE OF INITIAL HEARING -does not affect the validity of application
To (here insert the names of all persons -the duty to set it lies with the court
appearing to have an interest and the
adjoining owners so far as known, and to all
-it is beyond the power of the applicant
whom it may concern): -it is unfair to punish the applicant because
he has no control to set the date for initial
An application (or petition) having been filed in hearing.
the above-entitled case by (full name and
19
Contents of court order setting date of released for publication only after said
initial hearing: similar to summons in hearing.
ordinary civil actions. -publication must precede the date of initial
hearing
PUBLICATION
Purpose and effects of publication:
MAILING
1. To confer jurisdiction over the land (Mandatory) Page | 20
applied for upon the court, By registered mail
2. To charge the whole world with
knowledge of the application of the land POSTING
involved, and invite them to take part in By sheriff or his deputy
the case and assert and prove their
rights over the property subject thereof. PROOF OF PUBLICATION, MAILING,
POSTING
Proof of publication:
Publication satisfies the constitutional
requirement of due process:  Certification of Administrator (because he
Procedural due process: is the one who caused the publication)
o Probative value/ conclusive
1. Notice (complied with) proof;
2. Hearing
 Section 24. Proof of
publication and notice. The
certification of the
Commissioner of Land
Publication why only in the Philippines? Registration and of the sheriff
concerned to the effect that the
Courts only have jurisdiction in the notice of initial hearing, as
Philippines and the purpose of publication is required by law, has been
to confer jurisdiction. complied with shall be filed in
the case before the date of
initial hearing, and shall be
Is publication in Official Gazette sufficient conclusive proof of such fact.
to confer jurisdiction?
No. Director of Lands v. CA (276 SCRA 276)
-publication in the O.G. is not sufficient to  Copy of the Official Gazette
confer jurisdiction
-O.G. is not as widely read  Copy of the Newspaper
-O.G. often delayed, notice does not reach
interested party on time  Affidavit of publication issued by the
-Legal reasons: provision uses the word publisher or duly authorized person of
“shall” (rules on statutory construction: it is the newspaper.
imperative act/ mandatory; “and” is also
conjunctive.)
Proof of mailing
If the court does not acquire jurisdiction:
all proceedings by the court are null and void.
 When “registry return card” is returned to
Issue of O.G. released after initial hearing the court (bought from the Post Office)
Register of Deeds of Malabon v. RTC,
Malabon, Metro Manila
-tardiness of publication: court did not Proof of posting
acquire jurisdiction
Republic v. CA (236 SCRA 442, 449)  Certificate of posting issued by sheriff
-the publication is also defective where the
O.G. containing said notice, although for the
month prior to the scheduled hearing, was
20
FILING OF ANSWER TO THE APPLICATION 1. A mere foreshore lessee of public land (he is
not an equitable owner, his right is
WHO MAY OPPOSE TO THE APPLICATION? subordinate to that of the Government.
Section 25. Opposition to application in Solicitor general may file a motion to dismiss the
ordinary proceedings. Any person claiming an application
interest, whether named in the notice or not, When the land is inalienable (e.g. timberland, forest
may appear and file an opposition on or
before the date of initial hearing, or within land)
such further time as may be allowed by the Ground: the court has no jurisdiction over the case Page | 21
court. The opposition shall state: because the land is inalienable
- all the objections to the
application and
- shall set forth the interest
DEFAULT
claimed by the party filing the An interested party to a land subject of registration
same and may file his opposition to the application on or before
- apply for the remedy desired, the date of initial hearing. Absent any oppositor, the
and court will then issue an order of default.
- shall be signed and sworn to
by him or by some other duly
authorized person. Section 26. Order of default; effect. If no
person appears and answers within the time
allowed, the court shall, upon motion of the
If the opposition or the adverse claim of any applicant, no reason to the contrary
person covers only a portion of the lot and appearing, order a default to be recorded and
said portion is not properly delimited on the require the applicant to present evidence. By
plan attached to the application, or in case of the description in the notice "To all Whom It
undivided co-ownership, conflicting claims of May Concern", all the world are made parties
ownership or possession, or overlapping of defendant and shall be concluded by the
boundaries, the court may require the parties default order. (general default)
to submit a subdivision plan duly approved by
the Director of Lands. Where an appearance has been entered and
The oppositors: need not be named in the notice of an answer filed, a default order shall be
initial hearing. entered against persons who did not appear
and answer. (special default)
- He must claim an interest to the property applied
for, based on a right of dominion or some other
General default- is addressed to the whole world
real right independent of, and not at all
Special default- is directed only against those who
subordinate to, the rights of the Government.
did not enter their appearance and file answer.
- The oppositor does not have to show title in
himself; he should however appear to have an
Effects of default
interest in the property.
- Interest may be in the character of:
 Legal owner, or  A default order is entered against the whole
 Equitable interest, or world, so that all persons are bound by said
 Beneficiary of a trust order. A person who has not challenged the
application for registration of land, even if the
The prayer (objection, interest, remedy) determines: appeal he afterwards interposed is based on the
 whether to deny or dismiss the application of right of dominion over the same land, cannot
claimant, and allege damage or error against the judgment
 for the court to order registration of land in the granting the registration inasmuch as he did not
name of oppositor allege to have any right to such land.
 The applicant is allowed to present evidence ex
The following may be proper oppositors: parte
1. a homesteader who had not yet been issued
his title but who had fulfilled all the conditions
required by law to entitle him to a patent; Is the declaration of default a guarantee that the
2. a purchaser of friar land before the issuance application will be granted?
of the patent to him; No, it is still the burden of the applicant to prove that
3. Persons who claim to be in possession of a he is entitled to registration, incontrovertible proof.
tract of public land and have applied with the
Bureau of Land Management for its purchase When default order is improper; remedy:
The following may not be proper oppositors: Petition for certiorari
21
 How? By presenting competent, clear and
Remedy from order of default persuasive evidence of private ownership or
A defaulted interested person may however gain of acquisition from the government.
standing in court by filing a motion to set aside the  Applicant must stand on the strength of his own
order of default in accordance with Sec. 3, Rule 18 or evidence and not rely on the absence or
Rules of Court. weakness of the evidence of the oppositors.
Sec. 3. Relief from order of default: A party Page | 22

declared in default may at any time after
discovery thereof and before judgment file a
What applicant must prove:
motion under oath to set aside the order of
default upon proper showing that his failure to 1. That the land applied for has been
answer was due to fraud, accident, mistake or declassified and is a public agricultural land,
excusable negligence and that he has
meritorious defense. In such case the order of is alienable and disposable.
default may be set aside on such terms and  There must be a positive act from the
conditions as the judge may impose in the government that the land had been
interest of justice. declassified from the forest groups and
converted into alienable and disposable land
Grounds: (FAME-M) for agricultural purposes.
 Specific proofs that he may present:
1. Fraud a. Presidential proclamation
2. Accident b. Executive order
c. Administrative order
3. Mistake d. BFD land classification map
e. Certification by the Director of Forestry and
4. Excusable negligence reports of District Forester
 Mere recommendation of the District
5. Meritorious defense
Forester for release of the land from its
unclassified origin is not evidence of such
release. (Director of Lands v. CA)
If there has already been judgment by f. Investigation reports of Bureau of Lands
default and applicant has already investigator
presented evidence: motion for new trial g. Legislative act, or by statute
(ground: fame-m)  Not sufficient proofs to establish
Appeal from judgment from court: declassification
a. Survey plan even if approved by the Bureau
 If from RTC- to Court of Appeals of Lands
 If from MTC- still to Court of Appeals b. Conversion of land into fishpond and the
(delegated jurisdiction) titling of properties around it
c. The mere fact that the area in which the land
involved is located has become highly
(Remedy discussed in its proper place) developed residential or commercial land and
actually no longer forest land
EVIDENCE 2. Identity of the land.

 Proofs:
a. Survey plan of the property approved by the
Director of Lands
 In land registration cases, the burden of proof is b. Tracing cloth plan and blue print copies of the
upon the applicant to show that he is the real and plan
absolute owner in fee simple.  The submission of the original tracing cloth
 The applicant must overcome the presumption plan of the land applied for, duly approved
that the land sought to be registered forms part of by the Director of Lands, was held to be a
the public domain (by virtue of the Regalian statutory requirement of mandatory
doctrine). character which cannot be waived.
(Director of Lands v. Reyes)
22
 reason: to establish the true identity of improvements, is not sufficient to support
the land to ensure that it does not overlap a a claim of title through acquisitive
parcel of land or a portion thereof already prescription.
covered by a previous land registration,
and to forestall the possibility that it will be b. Tax declaration of land sought to be
overlapped by a subsequent registration of registered, which is not in the name of
the applicant but in the name of the
any adjoining land. Page | 23
deceased parents of an oppositor
c. Holding of property by mere tolerance of
 Blue print copy suffices for the purpose the owner
where the original tracing cloth plan was d. Mere failure of fiscal representing the
attached to the application for registration. State to cross-examine the applicant on
c. Technical description of the land applied for, the claimed possession
duly signed by a geodetic engineer e. Possession of other persons in the land
d. Tax declarations applied for impugns the exclusive quality
e. Boundaries and area of the applicant’s possession.
 General Rule: In the identification of land, f. Even if the petitioners can trace their
well-defined boundaries will prevail over deed of sale back to Adam and Eve, fill in
area, and in case of conflict, former every square inch of the land with
controls the latter. agricultural tenants, have residential
 Exception: If there is substantial and houses built every few meters here and
unexplained discrepancies as to the area there, pay the realty taxes religiously
of the land stated in the muniments of title every year and have an approved
or in documents evidencing acquisition of Bureau of Lands Survey yearly, they will
the land by the applicant or his claim of not become the owners if they will not
ownership and the area as surveyed based follow the procedure to obtain public
on natural boundaries agricultural land mandated by the Public
3. Applicant’s possession and occupation of the Land Act
land for the length of time and in the manner
required by law.
 Effect of possession: Open, exclusive, and 4. Basis of private ownership (if applicant claims
undisputed possession of alienable public private ownership not because of possession)
land for the period prescribed by law creates  Proofs:
the legal fiction whereby the land, upon a. Documentary evidence
completion of the requisite period ipso jure i. Spanish titles in pending cases
and without the need of judicial or other  Under PD 892, holders of Spanish titles
sanctions, ceases to be public land and or grants can no longer invoke it as basis
becomes private property. Possessor is of ownership for the purposes of applying
deemed to have acquired by operation of law for registration six months after February
a right to government grant without the 16, 1976.
necessity of certificate of title being issued.  They are now merely indicia of claim of
 The present possessor may complete the ownership, i.e. that the holder has a
period necessary for prescription by tacking claim over the property.
his possession to that of his grantor or ii. Tax declarations and realty tax
predecessor-in-interest payments
 Tacking of possession is allowed only when  not conclusive evidence of ownership but
there is privity of contract or relationship are at least proof that the holder had a
between the previous and present claim of title over the property
possessors  best indicia of possession
 Insufficient proofs of possession  become strong evidence of ownership
a. Mere casual cultivation of portions of acquired by prescription when
land by claimant accompanied by proof of actual
 mere occupancy thereof by grazing possession of the property by other
livestock upon it, without substantial effective proof
enclosures, or other permanent iii. Presidential issuances and legislative acts
23
b. Testimonial evidence
c. Deeds of sale
 The execution of a deed of a notarial deed
of sale is equivalent to the delivery of the
realty sold and places the vendee in legal
possession thereof, conformably to Art.1498
of the NCC.1 Page | 24
 Not sufficient proofs:
a. Compromise agreement between parties
where they agreed that they have rights and
interest over the land and assigned or
allocated portions thereof to each of them
b. Decision in an estate proceeding of a
predecessor-in-interest of an applicant which
involves a property over which the decedent
has no transmissible right and decisions in
any other cases where the issue of
ownership was not definitely passed upon
c. Survey plan of the land
1
When the sale is made through a public instrument, the execution
thereof shall be equivalent to the delivery of the thing which is the
object of the contract, if from the deed the contrary does not
appear or cannot be clearly inferred.
With regard to movable property, its delivery may also be
made by the delivery of the keys of the place or depository where it
is stored or kept.
24
Page | 25
25
SUMMARY TABLE OF PIECES OF EVIDENCE APPLICANT SHOULD PROVE IN LAND REGISTRATION CASES
What applicant must prove Sufficient proofs Insufficient proofs
1. That the land applied for has been a. Presidential proclamation a. Survey plan
declassified, and is a public b. Executive order b. Conversion of land into fishpond
agricultural land, is alienable and c. Administrative order c. mere fact that the area in which the
disposable d. BFD Land Classification Map land involved is located has become
e. Certification by the Director of Forestry highly developed residential or
and reports of District Forester commercial land and actually no longer
f. Investigation reports of Bureau of forest land
Lands
g. Legislative act, by statute
2. Identity of the land a. Survey plan
b. Tracing cloth plan and blue print copies
of the plan
c. Technical description of the land
applied for, duly signed by a geodetic
engineer
d. Tax declarations
e. Boundaries and area
3. Applicant’s possession and a. Mere casual cultivation of portions of

occupation of the land for the length land by claimant
of time and in the manner required by b. Tax declaration of land sought to be
law. registered, which is not in the name of
the applicant but in the name of the
deceased parents of an oppositor
c. Holding of property by mere tolerance
of the owner
d. Mere failure of fiscal representing the
State to cross-examine the applicant on
the claimed possession
e. Possession of other persons in the land
applied for impugns the exclusive
quality of the applicant’s possession.
f. When petitioners do not follow the
procedure to obtain public agricultural
land mandated by the Public Land Act
4. Basis of private ownership a. Documentary evidence a. Compromise agreement between
i. Spanish title in pending cases parties where they agreed that they
ii. tax declarations and realty tax have rights and interest over the land
payments and assigned or allocated portions
iii. presidential issuances and legislative thereof to each of them
acts b. Decision in an estate proceeding of a
iv. deeds of sale predecessor-in-interest of an applicant
b. Testimonial evidence which involves a property over which
the decedent has no transmissible
right and decisions in any other cases
where the issue of ownership was not
definitely passed upon
c. Survey plan of the land
HEARING or original certificates of title granted on

application for registration of land under
ordinary land registration proceeding.
Sec. 27: Speedy hearing; reference to a
referee
JUDGMENT
The trial court shall see to it that all
registration proceedings are disposed or Sec. 28: Partial judgment.
within 90 days from the date the case is
submitted for decision. In a case where only a portion of
the land subject of registration is contested,
The court, if it deems necessary, the court may render partial judgment
may refer the case or any part thereof to a provided that a subdivision plan showing the
referee who shall hear the parties and their contested and uncontested portions approved
evidence, and the referee shall submit his by the Director of Lands is previously
report thereon to the Court within 15 days submitted to said court.
after the termination of such hearing. Hearing
before a referee may be held at any
convenient place within the province or city as
may be fixed by him and after reasonable
 Only claimed property or a portion thereof can be
notice thereof shall have been served the
adjudicated. If the applicant asserts ownership to
parties concerned. The court may render
judgment in accordance with the report as
and submits evidence only for a portion of a lot,
though the facts have been found by the judge the inclusion of the portion not claimed by the
himself: Provided, however, that the court may applicant is void and of no effect for a land
in its discretion accept the report or set it registration court has no jurisdiction to decree
aside in whole or in part, or order the case to a lot to a person who puts no claim to it and
be recommitted for further proceedings. who never asserted any right of ownership over
it.
The court may:
1. Hear the parties and their evidence; or Sec.29: Judgment confirming title.
2. Refer the case or any part thereof to a
referee or commissioner All conflicting claims of ownership
and interest in the land subject of the
application shall be determined by the court. If
the court, after considering the evidence and
 In the exercise of delegated jurisdiction, the MTC the reports of the Commissioner of Land
can no longer appoint commissioners Registration and the Director of Lands, finds
 While referee can receive evidence and that the applicant or the oppositor has
objections, it has no power to rule on the case. Its sufficient title proper for registration, judgment
main duty is to receive evidence and submit its shall be rendered confirming the title of the
findings and recommendations to the court. applicant, or the oppositor to the land or
 The order of trial is similar to that in ordinary civil portions thereof.
action. The applicant must first produce his
Sec. 33: Appeal from judgment, etc.
testimonial and documentary evidence, subject to
cross-examination by the oppositor, and then The judgment and orders of the court hearing
formally offer said evidence. the land registration case are appealable to
the Court of Appeals or to the Supreme Court
in the same manner as in ordinary actions.
Sec. 38. Hearing, judgment, decree.
Sec. 34: Rules of procedure.
The trial of the case may occur at any
convenient place within the province in which The Rules of Court shall, insofar as not
the lands are situated and shall be conducted, consistent with the provision of this Decree,
and orders for default and confessions be applicable to land registration and
entered, in the same manner as in ordinary cadastral cases by analogy or in a suppletory
land registration proceedings and shall be character and whenever practicable and
governed by the same rules. All conflicting convenient.
interests shall be adjudicated by the court and
decrees awarded in favor of the persons In whose name registration of land may be made:
entitled to the lands or to parts thereof and
such decrees shall be the basis for issuance
1. Applicant; or Notes:
2. Oppositor; or
3. Buyer or the person to whom the land has been  Upon a lapse of 15 days counted from receipt of
conveyed by an instrument executed during the notice of the judgment.
interval of time between the filing of the  However, notwithstanding the lapse of the 15-day
application for registration and the issuance of period from receipt of judgment by the parties,
the decree to title the court continues to retain control over the
 requirements: case until the expiration of 1 year after the entry
of decree of registration by the LRA.
a. That the instrument be presented to the court  If an appeal is taken from the judgment of the
by the interested party together with a motion lower court, the 15-day period should be
that the same be considered in relation with reckoned from receipt of notice of judgment of
the application the appellate court.
b. That prior notice be given to the parties to the  The prevailing party in the lower court cannot
case move for an execution pending appeal in the
Note: appellate court.
 Court orders and decisions sent to the fiscal,
 The court may reverse its decision even after the acting as agent of the Solicitor General in land
LRA has already issued the decree of registration cases are not binding until they are
registration. actually received by the Solicitor General. Thus,
the period of appeal shall be reckoned from the
receipt of the decision by the Solicitor General.
Courts with jurisdiction to hear land registration  The court may still issue said order of decree of
cases registration and certificate of title even beyond
the 15-day period so as not to prejudice the
1. RTC  exclusive jurisdiction over: adjudged owner.
a. Applications for original registration of title  reason: the judgment is merely declaratory in
b. Petitions filed after original registration of title character and does not need to be asserted or
2. MeTC, MTC, MCTC  delegated jurisdiction enforced against the adverse party.
over: (Sec.34, BP Blg. 129,or the Judiciary
Reorganization Act of 1980, as amended by RA
 The issuance of a decree is a ministerial duty
7691)
both of the judge and of the Land Registration
a. Cadastral or land registration cases covering
Commission.
lots where there is no controversy or
 A decision in a land registration case is not
opposition; or
b. Over contested lots the value of which does rendered inefficacious by the statute of limitations
not exceed P100,000 and/or by laches, so that a decree issued
pursuant to such judgment even after the lapse of
10 years is not void.
When judgment becomes final
Sec.30. When judgment becomes final; Res judicata

duty to cause issuance of decree
 A final judgment in an ordinary civil case
The judgment rendered in a land determining the ownership of land is res judicata
registration proceeding becomes final upon (conclusive adjudication) in a registration
the expiration of 30 days (15 days na dapat) proceeding where the parties and the property
to be counted from the date of receipt of are the same as in the former case. Thus,
notice of the judgment. An appeal may be
subsequent litigation is barred.
taken from the judgment of the court as in
ordinary civil cases.  Requisites:
1. The former judgment must be final
After judgment has become final 2. It must have been rendered by a court having
and executory, it shall devolve upon the court jurisdiction of the subject matter and of the
to forthwith issue an order in accordance with parties
Sec.39 of this Decree to the Commissioner for 3. It must be a judgment on the merits
the issuance of the decree of registration and 4. There must be, between the first and second
the corresponding certificate of title in favor of actions, identity of parties, of subject matter,
the person adjudged entitled to registration.
and of cause of action
delivery of possession if he is deprived, since the
right of possession is inherent in that of ownership.
 A judgment dismissing an application for the
registration of land does NOT operate as res Exceptions:
judicata between the applicant and the opponent
who has successfully resisted the application. 1. A writ of possession does not lie in a land
The applicant or any person deriving title from registration case against a person who entered
him may institute another proceeding for the the property after issuance of the final decree
registration of the same land, and the fact that he and who had not been a party in the case
or his predecessor in interest was unsuccessful 2. A writ of possession cannot be issued in a
in the former proceeding does not constitute a petition for reconstitution of allegedly lost or
bar thereto. (Henson v. Director of Lands) destroyed certificate of title
 Where the application for registration has been Notes:
dismissed by the court WITHOUT PREJUDICE 2,
the decree of dismissal even if it has become  The issuance of a writ of possession is only a
final, does NOT constitute res judicata. matter of course if nothing in the past has been
 If the applicant withdraws his application issued in favor of the registered owner; there is
before the final decree, the proceeding may be no prescription as to its issuance.
dismissed, upon terms to be fixed by the court. In  The right of the applicant or a subsequent
such a case, the applicant may later file again an purchaser to ask for the issuance of a writ of
application for the same property. possession of the land registered would never
prescribe.
 Remedy when there is refusal to vacate land
POST-JUDGMENT INCIDENTS
despite writ: petition for contempt
Writ of possession
Writ of demolition
 implies the delivery of possession of the land to
the successful litigant.  a complement of the writ of possession, without
which the latter would be ineffective
 it is an effect, a writ of execution, commanding the
sheriff to enter the land and give possession thereof  not appealable where there is no allegation that it
to the person entitled under the judgment. has varied the tenor of the judgment
Persons entitled:
DECREE OF CONFIRMATION AND
1. Adjudged owner REGISTRATION
2. Any subsequent purchaser of the property
Decree of registration
Against whom writ of possession may lie  decree issued by the LRA pursuant to the order of
the court
1. Against the persons who appeared in the
proceedings and answered  condensed form of the court’s judgment
2. Against those who, having been served with
process, did not appear or answer Sec. 31. Decree of registration.
3. Against anyone unlawfully and adversely
occupying the land or any portion thereof during Every decree of registration issued by the
the proceedings up to the issuance of the final Commissioner shall bear the date, hour and
decree minute of its entry, and shall be signed by him.
It shall state whether the owner is married or
unmarried, and if married, the name of the
husband or wife: Provided, however, that if the
General Rule: The judgment adjudicating ownership
land adjudicated by the court is conjugal
to the successful applicant impliedly carries with it the property, the decree shall be issued in the
name of both spouses. If the owner is under
disability, it shall state the nature of disability,
2 and if a minor, his age. It shall contain a
Dismissal without prejudice  the judgment is not conclusive
description of the land as finally determined by 2. judicial as the they act as court officials and not
the court, and shall set forth the estate of the as administrative officials
owner, and also, in such manner as to show
their relative priorities, all particular estates,
mortgages, easements, liens, attachments,
and other encumbrances, including rights of
Note: The Administrator is not legally obligated to
tenant-farmers, if any, to which the land or issue the decree where, upon his verification, he
owner’s estate is subject, as well as any other finds that the subject land has already been decreed
matter properly to be determined in pursuance and titled in another’s name.
of this Decree.
 reason: because when once decreed by a court of

competent jurisdiction, the title to the land thus
Contents of decree: (DCD-DEO) determined is already res judicata binding on the
whole world, the proceeding being in rem.
1. Date, hour and minute of entry
2. Civil status of the owner – whether married or WHEN ISSUED: The law does not limit the period
unmarried. If married, the name of the spouse within which the court may order the issuance of a
 If the land adjudicated is conjugal decree of registration.
property, decree shall be issued in the
name of BOTH spouses. FINALITY OF DECREE: After the lapse of one year
3. If the owner is under disability, the nature of such from the date of its issuance and entry.
disability, and if a minor, his age
4. Description of the land Sec. 32. par.2.
5. Estate of the owner, and also in such manner as
to show their relative priorities, all particular Upon the expiration of said period of
estates, mortgages, easements, liens, one year, the decree of registration and the
attachments, and other encumbrances, including certificate of title issued shall become
incontrovertible. Any person aggrieved by
rights of tenant-farmers, if any to which the land
such decree of registration in any case may
or owner’s estate is subject
pursue his remedy by action for damages
6. Other matters to be determined in pursuance of against the applicant or any other persons
PD 1529 responsible for the fraud.
PURPOSE:
“incontrovertible”  indefeasible; the title of the
To bind the land and quiet title thereto, subject only to owner cannot be attacked, assailed or questioned
such exceptions or liens as may be provided by law anymore
 said decree is conclusive upon all persons AMENDMENT OF DECREE OF REGISTRATION
including the government
Rule: The court has NO jurisdiction to amend the
 such conclusiveness does not cease to exist when decree of registration after the lapse of one year for
the title is transferred to a successor the purpose of including new owners.
 bars the re-litigation of the question of ownership  reason: the title has become incontrovertible after
in the same proceedings the lapse of one year.
BY WHOM ISSUED: Administrator of LRA who signs Instances when court is allowed to amend decree
the decree of registration and attests the date and of registration:
hour of its issuance
1. for the purpose of noting down the
Duty of administrator to issue decree extinguishment of any right, or the creation of
new real rights not appearing in the certificate
1. ministerial in the sense that they act under the 2. for the purpose of correcting errors
orders of the court and the decree must be in the
conformity with court judgment and with the data CERTIFICATE OF TITLE
found in the record
1. Full names of all persons whose interest make up
the full ownership in the whole land
Sec. 39. Preparation of decree and 2. Civil status
certificate of title.
3. Names of respective spouses, if married
After the judgment directing the registration of
 If the property covered belongs to the
title to land has become final, the court shall, conjugal properties, the certificate is issued
within 15 days from entry of judgment, issue in the name of both spouses.
an order directing the Commissioner to issue 4. Citizenship
the corresponding decree of registration and 5. Residence
certificate of title. The clerk of court shall send, 6. Postal address
within 15 days from entry of judgment,
certified copies of the judgment and of the
order of the court directing the Commissioner
 In determining whether a property belongs to the
to issue the corresponding decree of
conjugal partnership or paraphernal property of
registration and certificate of title and a
certificate stating that the decision has not one of the spouses, it is important to note in
been amended, reconsidered, nor appealed, whose name or names the title is registered. This
and has become final. Thereupon, the is so because the certificate of title does not
Commissioner shall cause to be prepared the establish the time of the acquisition of the
decree of registration as well as the original property. It only confirms a pre-existing title.
and duplicate of the corresponding original
certificate of title. The original certificate of title
shall be a true copy of the decree of Owner’s duplicate certificate of title
registration. The decree of registration shall
be signed by the Commissioner, entered and Sec. 41: Owner’s duplicate certificate of
filed in the Land Registration Commission. title
The original of the original certificate of title
shall also be signed by the Commissioner and The owner’s duplicate certificate of
shall be sent, together with the owner's title shall be delivered to the registered owner
duplicate certificate, to the Register of Deeds or to his duly authorized representative. If two
of the city or province where the property is or more persons are registered owners, one
situated for entry in his registration book. owner's duplicate certificate may be issued for
the whole land, or if the co-owners so desire,
a separate duplicate may be issued to each of
them in like form, but all outstanding
Sec. 40. Entry of Original Certificate of certificates of title so issued shall be
Title. - Upon receipt by the Register of Deeds surrendered whenever the Register of Deeds
of the original and duplicate copies of the shall register any subsequent voluntary
original certificate of title the same shall be transaction affecting the whole land or part
entered in his record book and shall be thereof or any interest therein. The Register of
numbered, dated, signed and sealed by Deeds shall note on each certificate of title a
the Register of Deeds with the seal of his statement as to whom a copy thereof was
office. Said certificate of title shall take effect issued.
upon the date of entry thereof. The Register of
Deeds shall forthwith send notice by mail to
 The owner of the land in whose favor and in
the registered owner that his owner's duplicate
is ready for delivery to him upon payment of whose name said land is registered and inscribed
legal fees. in the certificate of title has a more preferential
right to the possession of the owner’s duplicate
Certificate of title certificate than one whose name does not appear
in the certificate and has yet to establish his right
 the true copy of the decree of registration or the to the possession thereof.
transcription thereof and signed by the Administrator
Transfer certificate of title
 Takes effect upon the date of entry thereof and
the land covered thereby becomes registered Sec. 43: Transfer certificate of title.
land on that date.
The subsequent certificate of title that may be
issued by the Register of Deeds pursuant to
Contents: any voluntary or involuntary instrument
relating to the same land shall be in like form,
entitled "Transfer Certificate of Title", and established or recognized by law, or any
likewise issued in duplicate. The certificate government irrigation canal or lateral thereof,
shall show the number of the next previous if the certificate of title does not state that the
certificate covering the same land and also boundaries of such highway or irrigation canal
the fact that it was originally registered, giving or lateral thereof have been determined.
the record number, the number of the original
certificate of title, and the volume and page of Fourth. Any disposition of the property or
the registration book in which the latter is limitation on the use thereof by virtue of, or
found. pursuant to, Presidential Decree No. 27 or any
other law or regulations on agrarian reform.
 Registration does NOT vest title. It is merely
evidence of such title over a particular property. General rule: Claims and liens of whatever character
And a Torrens certificate is the best evidence of existing against the land prior to the issuance of the
ownership over registered land. certificate of title are cut off by such certificate so
 However, simple possession of a certificate of issued binds the whole world, including the
title does not necessarily make the holder thereof government.
a true owner of all the property described therein
such as when title includes by mistake or Exceptions:
oversight, land which can no longer be registered
under the Torrens system, as when the same a. Those noted on the certificate
land has already been registered and an earlier b. Liens claims or rights arising or existing under the
certificate for the same land is in existence. laws and the Constitution, which are not by law
required to appear of record in the Register of
Deeds in order to be valid
c. Unpaid real estate taxes levied and assessed
within 2 years immediately preceding the
Attributes and Limitations on Certificates of Title acquisition of the right over the land by an
and Registered Lands innocent purchaser for value
d. Any public highway, or private way established or
1. Free from liens and encumbrances 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
Sec.44: Statutory liens affecting title.
irrigation canal or lateral thereof have been
Every registered owner receiving a certificate
determined
of title in pursuance of a decree of registration, e. Any disposition of the property or limitation on the
and every subsequent purchaser of registered use thereof pursuant to PD 27 or any other law or
land taking a certificate of title for value and in regulations on agrarian reform
good faith, shall hold the same free from all
encumbrances except those noted in said
certificate and any of the following 2. Incontrovertible and indefeasible
encumbrances which may be subsisting,
namely:
General rule: Upon expiration of 1 year from and
First. Liens, claims or rights arising or existing
under the laws and Constitution of the after the entry of the decree of registration in the
Philippines which are not by law required to LRA, the decree and the corresponding certificate of
appear of record in the Registry of Deeds in title becomes incontrovertible and indefeasible.
order to be valid against subsequent
purchasers or encumbrancers of record.
Exceptions:
Second. Unpaid real estate taxes levied and
assessed within two years immediately
a. If previous valid title of the same land exists
preceding the acquisition of any right over the b. When land covered is not capable of registration
land by an innocent purchaser for value, c. When acquisition of certificate is attended by
without prejudice to the right of the fraud
government to collect taxes payable before
that period from the delinquent taxpayer
alone. 3. Registered land not subject to prescription
Third. Any public highway or private way
Sec. 47: Registered land not subject to Persons entitled to a duplicate certificate of title
prescriptions.
1. Registered owner
No title to registered land in derogation of the
2. Each co-owner
title of the registered owner shall be acquired
by prescription or adverse possession.
Statement of personal circumstances in the

certificate
4. Certificate of title not subject to collateral attack
Sec. 45. Statement of personal
circumstances in the certificate.
General Incidents of Registered Land
Every certificate of title shall set forth the full
names of all persons whose interests make up
Sec. 46: General incidents of registered
the full ownership in the whole land, including
land. their civil status, and the names of their
respective spouses, if married, as well as their
Registered land shall be subject to such citizenship, residence and postal address. If
burdens and incidents as may arise by the property covered belongs to the conjugal
operation of law. Nothing contained in this partnership, it shall be issued in the names of
decree shall in any way be construed to both spouses.
relieve registered land or the owners
thereof from any rights incident to the relation REMEDIES
of husband and wife, landlord and tenant, or
from liability to attachment or levy on 1. NEW TRIAL
execution, or from liability to any lien of any Grounds:
description established by law on the land and
the buildings thereon, or on the interest of the
a. Fraud, accident, mistake or excusable
owner in such land or buildings, or to change
the laws of descent, or the rights of partition
negligence which ordinary prudence could
between co-owners, or the right to take the not have guarded against
same by eminent domain, or to relieve such b. Award of excessive damages, or insufficiency
land from liability to be recovered by an of the evidence to justify the decision
assignee in insolvency or trustee in c. Newly discovered evidence
bankcruptcy under the laws relative to
preferences, or to change or affect in any way
other rights or liabilities created by law and Period of filing: Within the 15-day period for
applicable to unregistered land, except as
perfecting an appeal
otherwise provided in this Decree.
Registered land or the owners thereof are not 2. APPEAL

Where filed: Court of Appeals or Supreme Court
relieved from the following:
Period of filing: Within 15 days from receipt of
1. Any rights incident to the relation of husband and
wife, landlord and tenant the judgment or final order appealed from
2. Liability to attachment or levy on execution
3. Liability to any lien of any description established 3. RELIEF FROM JUDGMENT
by law on the land and the buildings thereon, or Nature: Subsidiary remedy, i.e. may be availed
in the interest of the owner in such land or only when the judgment has become final and a
building new trial is not available
4. Any right or liability that may arise due to change
of the law on descent Grounds: When a judgment is entered against a
5. Rights of partition between co-owners party through fraud, accident, mistake, or
6. Right of government to take the land by eminent excusable negligence, such party may file a
domain petition in the court that rendered such judgment
7. Liability to be recovered by an assignee in
praying that the said judgment be set aside.
insolvency or trustee in bankruptcy under the
laws relative to preferences
Period of filing: Within 60 days after the
8. Any other rights or liabilities created by law and
applicable to unregistered land petitioner learns of the judgment, order, or
proceeding and not more than 6 months after
such judgment or order was entered or such detrimental effect upon
proceeding was taken. public interest and
public or private
4. PETITION FOR REVIEW (OF A DECREE) confidence
Any person may file a petition for review to set
aside the decree of registration on the ground Extrinsic Fraud Intrinsic Fraud
that he was deprived of the opportunity to be Prevents a party from Where the fraudulent
heard in the original registration case not later having a trial or from acts pertain to an issue
than one year after the entry of the decree. presenting his entire involved in the original
case to the court action, or where the
“review of judgment”  when it is filed after acts constituting the
rendition of the decision but before the entry of fraud were or could
the decree of registration. have been litigated
therein
“review of decree” when it is filed within the 1
year period after such entry.
Note: b. Fatal infirmity in the decision for want of due

process
 Intentional concealment and representation c. Lack of jurisdiction of the court
as possessor, occupant and claimant
constitutes actual fraud justifying the
reopening and review of the decree of Heirs of Manuel A. Roxas v. CA: Only actual or
registration. extrinsic fraud has been accepted as grounds for
a judgment to be annulled or a decree of
registration reopened and reviewed. The “fraud”
Grounds for review of decree: contemplated by the law is actual and extrinsic,
which includes an intentional omission of fact
a. Actual or extrinsic fraud
required by law. For fraud to justify a review of a
Actual/positive fraud  proceeds from an
decree, it must be extrinsic or collateral, and the
intentional deception practiced by means of
facts upon which it is based have not been
the misrepresentation or concealment of a
controverted or resolved in the case where the
material fact.
judgment sought to be annulled was rendered. In
Extrinsic fraud  prevents a party from the said case, the Court held that the respondent
having a trial or from presenting his entire corporation’s intentional concealment and
case to the court or where it operates upon representation of petitioner’s interest in the
matters pertaining not to the judgment itself subject lot as possessor, occupant and claimant
but to the manner in which it is procured, so constitutes actual fraud justifying the reopening
that there is not a fair submission of the and review of the decree of registration.
controversy.
Differences between actual fraud/extrinsic

Requisites for review of the decree:
and constructive/intrinsic fraud
a. Petitioner has a real and dominical right
Actual Fraud Constructive Fraud b. He has been deprived thereof
c. Through actual or extrinsic fraud
Proceeds from an Act is not done or d. Petition is filed within one year form issuance
intentional deception committed with an of the decree
practiced by means of actual design to commit e. The property has not yet passed to an
misrepresentation or positive fraud or injury innocent purchaser for value
concealment of material upon other persons but
fact is construed as fraud
because of its 5. ACTION FOR RECONVEYANCE
 an action seeking to transfer or reconvey the trust the issuance of the OCT
land from the registered owner to the rightful or TCT.
owner.
*The above rule does
NOT apply where the
person enforcing the trust
Notes: is in actual possession of
the property because he
 May be filed even after the lapse of one year is in effect seeking to
from entry of the decree of registration as quiet title to the same
long as the property has not been transferred which is imprescriptible
or conveyed to an innocent purchaser for
value. Express trust Not barred by
prescription
 An action for reconveyance does not aim or
purport to reopen the registration Void contract Imprescriptible
proceedings and set aside the decree of
registration but only to show that the person
who secured the registration of the
questioned property is not the real owner Marquez v. CA: Constructive trusts are created
thereof. The action, while respecting the
in equity in order to prevent unjust enrichment.
decree as incontrovertible, seeks to transfer
or reconvey the land land from the registered They arise contrary to intention against one who,
owner to the rightful owner. by fraud, duress or abuse of confidence, obtains
or holds the legal right to property which he ought
not, in equity and good conscience, to hold. An
When reconveyance does not prescribe: action for reconveyance based on an implied or
constructive trust prescribes in 10 years from the
a. If brought by registered owners or their
issuance of the Torrens title over the property. In
children
b. A co-heir, who, through fraud, succeeds in the said case, when Rafael Marquez, Sr., for one
obtaining a certificate of title in his name to reason or another, misrepresented in his
the prejudice of his co-heirs, is deemed to unilateral affidavit that he was the only heir of his
hold the land in trust3 for the latter. The wife when in fact their children were still alive,
excluded heir’s action is imprescriptible. and managed to secure a TCT under his name, a
c. Where the plaintiff in an action for constructive trust under Art. 1456 was
reconveyance, which is in effect an action to
established.
quiet title, is in possession of the land in
question.
Provisions of NCC re: trusts

Grounds for reconveyance and corresponding
period of prescription Express trusts
Art. 1443: No express trusts concerning an immovable or any

Grounds Prescriptive period
therein may be proved by parol evidence.
Fraud 4 years from discovery of

Art. 1444: No particular words are required for the creation of
the fraud (deemed to an express trust, it being sufficient that a trust is clearly
have taken place from intended.
the issuance of the
original certificate of title). Art. 1445: No trust shall fail because the trustee appointed
No trust created. declined the designation, unless the contrary should appear
in the instrument constituting the trust.
Implied or constructive 10 years from the date of
Art. 1446: Acceptance by the beneficiary is necessary.
Nevertheless, if the trust imposes no onerous condition upon
3
Art. 1441: Trusts are either express or implied. Express trusts are the beneficiary, his acceptance shall be presumed, if there is
created by the intention of the trustor or of the parties. Implied no proof to the contrary.
trusts come into being by operation of law.
Implied trusts
Art. 1447: The enumeration of the following cases of implied

6. ACTION FOR DAMAGES
trust does not exclude others established by the general law
of trust, but the limitation laid down in Article 1442 shall be
 May be resorted to when a petition for review
applicable. and an action for reconveyance is no longer
possible because the property has passed to
Art. 1448: There is an implied trust when property is sold, an innocent purchaser for value and in good
and the legal estate is granted to one party but the price is faith
paid by another for the purpose of having the beneficial  An ordinary action for damages prescribes in
interest of the property. The former is the trustee, while the 10 years after the issuance of the Torrens
latter is the beneficiary. However, if the person to whom the title over the property
title is conveyed is a child, legitimate or illegitimate, of the one
paying the price of the sale, no trust is implied by law, it being
7. ACTION FOR COMPENSATION FROM
disputably presumed that there is a gift in favor of the child.
ASSURANCE FUND
Art. 1449: There is also an implied trust when a donation is Requisites:
made to a person but it appears that although the legal estate
is transmitted to the done, he nevertheless is either to have a. The aggrieved party or the suitor sustained
no beneficial interest or only a part thereof. loss or damage or is deprived of land or any
estate or interest therein.
Art. 1450: If the price of a sale of property is loaned or paid b. Such loss, damage or deprivation was:
by one person for the benefit of another and the conveyance i. Occasioned by the bringing of the land
is made to the lender or payor to secure the payment of the
under the operation of the Torrens
debt, a trust arises by operation of law in favor of the person
to whom the money is loaned or for whom it is paid. The latter
system; or
may redeem the property and compel a conveyance thereof ii. Arose after original registration of land
to him. c. The loss, damage or deprivation was due to:
i. Fraud; or
Art. 1451: When land passes by succession to any person ii. Any error, omission, mistake or
and he causes the legal title to be put in the name of another, misdescription in any certificate of title or
a trust is established by implication of law for the benefit of in any entry or memorandum in the
the owner. registration book
Art. 1452: If two or more persons agree to purchase property
and by common consent the legal title is taken in the name of
one of them for the benefit of all, a trust is created by force of
d. There was no negligence on his part
law in favor of others in proportion to the interest of each. e. He is barred or precluded under the
provisions of PD 1529 or under the provision
Art. 1453: When property is conveyed to a person in reliance of any law from bringing an action for the
upon his declared intention to hold it for, or transfer it to recovery of such land or the estate or interest
another or the grantor, there is an implied trust in favor of the therein
person whose benefit is contemplated. f. The action has not prescribed
Art. 1454: If an absolute conveyance of property is made in
order to secure the performance of an obligation of the
Limitation of action:
grantor toward the grantee, a trust by virtue of law is
established. If the fulfillment of the obligation is offered by the
grantor when it becomes due, he may demand the Sec. 102. Limitation of Action. –
reconveyance of the property to him,
Any action for compensation against the
Art. 1455: When any trustee, guardian or other person Assurance Fund by reason of any loss,
holding a fiduciary relationship uses trust funds for the damage or deprivation of land or any interest
purchase of property and causes the conveyance to be made therein shall be instituted within a period of six
to him or to a third person, a trust is established by operation years from the time the right to bring such
of law in favor of the person to whom the funds belong. action first occurred: Provided, That the right
of action herein provided shall survive to the
Art. 1456: If property is acquired through mistake or fraud, legal representative of the person sustaining
the person obtaining it is, by force of law, considered a loss or damage, unless barred in his lifetime;
trustee of an implied trust for the benefit of the person from and, Provided, further, That if at the time such
whom the property comes. right of action first accrued the person entitled
to bring such action was a minor or insane or
Art. 1457: An implied trust may be proved by oral evidence. imprisoned, or otherwise under legal disability,
such person or anyone claiming from, by or
under him may bring the proper action at any Art. 478: There may also be an action to quiet title or remove
time within two years after such disability has cloud therefrom when the contract, instrument or other
been removed, notwithstanding the expiration obligation has been extinguished or has terminated, or has
of the original period of six years first above been barred by extinctive prescription.
provided.
Art. 479: The plaintiff must return to the defendant all the
General Rule: benefits he may have received from the latter or reimburse
It must be instituted within a period of 6 years him for expenses that may have redounded to the plaintiff’s
from the time the right to bring such action first benefit.
occurred – which is the date of issue of the
Art. 480: The principles of the general law on the quieting of
certificate of title. title are hereby adopted insofar as they are not in conflict with
Exception: this Code
Anytime within two years after such disability has
been removed, notwithstanding the expiration of Art. 481: The procedure for the quieting of title or the removal
the original period of six years if the person of a cloud therefrom shall be governed by such rules of court
as the Supreme Court shall promulgate.
entitled to bring such right of action was a minor
or insane or imprisoned or otherwise under legal
disability
11. CRIMINAL ACTION
Note: The right of action herein provided shall  State may criminally prosecute for perjury the
pertain to the legal representative of the person party who obtains registration through fraud,
sustaining loss or damage unless barred in his such as by stating false assertions in the
lifetime. sworn answer required of applicants in
cadastral proceedings.
8. CANCELLATION SUITS
 Where two certificates are issued to different
persons covering the same land, the title
earlier in date must prevail
 The latter title should be declared null and
void and ordered cancelled Note:
Before Now
9. ANNULMENT OF JUDGMENT Commissioner of Land Registration Administrator of Land Registration

 May only be availed of when the ordinary Authority
remedies of new trial, petition for relief, or Director of Lands Director of Land Management
other appropriate remedies are no longer
available through no fault of petitioner Bureau of Lands Bureau of Land Management
CFI RTC
10. QUIETING OF TITLE
 An action that is brought to remove cloud on
the title to real property or any interest
therein, by reason of any instrument, record,
claim, encumbrance or proceeding which is
apparently valid or effective but is in truth and GOD BLESS!
in fact invalid, ineffective, voidable, or
unenforceable, and may be prejudicial to said
title (Art.476, NCC)
 An ordinary civil remedy
Provisions of NCC re quieting of title
Art. 477: The plaintiff must have a legal or equitable title to,
or interest in the real property which is the subject-matter of
the action. He need not be in possession of said property.

LTD Midterm Reviewer

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

LTD Midterm Reviewer

Uploaded by

Copyright:

Available Formats

LTD LECTURE NOTES & REVIEWER

Judge Serrano - Midterm 2010

1935 and 1973 Constitution  Sec.4 Administrative Code (before PD 1529)

 Once acquired, can be acquired through

 We are concerned with transaction involving Legarda & Prieto v.

Accretion- anything produced, incorporated, attached Chavez v. Public Estates Authority

PD 1084 gave PEA authority to reclaim land; to o deed of donation,

(2) The Land Registration Commission shall have the following

Advantages of Torrens System (c) Be the central repository of records relative to

Nature of Land Registration Proceedings Quiz and recitation

Requisites under Sec. 14 (1)

4. That such possession and occupation is

Who can apply? 1. The present possessor may complete the

4. A person or entity whose claim of ownership

1. A substantial change in the boundaries; 5. Publication of a notice of the filing of the

3. The inclusion of an additional land. 6. Service of notice upon contiguous owners,

 Amendment due to change of name of applicant

Upon receipt of the order of the court setting

Sec. 3. Relief from order of default: A party Page | 22

EVIDENCE 2. Identity of the land.

What applicant must prove Sufficient proofs Insufficient proofs

3. Applicant’s possession and a. Mere casual cultivation of portions of

HEARING or original certificates of title granted on

Sec.30. When judgment becomes final; Res judicata

 reason: because when once decreed by a court of

Statement of personal circumstances in the

Registered land or the owners thereof are not 2. APPEAL

Note: b. Fatal infirmity in the decision for want of due

Differences between actual fraud/extrinsic

Provisions of NCC re: trusts

Art. 1443: No express trusts concerning an immovable or any

Fraud 4 years from discovery of

Art. 1447: The enumeration of the following cases of implied

9. ANNULMENT OF JUDGMENT Commissioner of Land Registration Administrator of Land Registration

Provisions of NCC re quieting of title

You might also like