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CIVIL LAW
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CIVIL LAW
To establish and certify to the ownership of an absolute and indefeasible title to realty, and to simplify its transfer Grey Alba vs. CA. D. JURISDICTION RTCs of province or city where the land or a portion or it lies- land registration proceedings and over all petitions filed after original registration of titles (Sec. 2, PD 1529) MTCs- cadastral and land registration cases covering: o lots without controversy or opposition o contested lots where the value does not exceed P100,000.00 (sec. 34, BP 129)
CIVIL LAW
B. EFFECT OF REGISTRATION Registration does not vest or give title to the land, but merely confirms and thereafter protects the title already possessed by the owner, making it imprescriptible by occupation of third parties. it does not give the owner any better title than he has. Registration is not a mode of acquiring ownership. A certificate of title cannot be used to protect a usurper from the true owner or as a shield for the commission of fraud (Vagalidad vs. Vagalidad, GR No. 161136. C. ORIGINAL REGISTRATION PROCEEDINGS Steps in Original Registration Proceedings 1) Determine if the land is registrable 2) Determine if you are qualified to apply 3) Survey the land 4) File the application (survey attached) for land registration with the appropriate court 5) Court sets initial hearing 6) Publication of the initial hearing 7) File an opposition to the application 8) Hearing 9) Judgment 10)Issuance of decree 1. WHAT ARE THE REGISTRABLE LANDS? PRIVATE LANDS If in the public domain, the land must be classified as alienable and disposable. It must be classified as such AT THE TIME OF FILING THE APPLICATION FOR REGISTRATION. (Republic vs. CA and Naguit, GR No. 144057) With the exception of agricultural lands, all other natural resources shall not be alienated. (sec. 2 and 3 Art. XII of the Constitution) NON- REGISTRABLE LANDS 1.) Forest or timberland, public forest, forest reserves lands, mineral lands (Sec. 2 and 3 Art. XII of the Constitution) 2.) Those intended for public use, such as roads, rivers, torrents, ports and bridges constructed by the State, banks, shores, roadsteads, and others of similar character 3.) Those which belong to the State, without being for public use, and are intended for some
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25. (Sec. 3 Article XII of the 1987 Constitution) Private lands may be owned for as long as the corporation is at least 60% Filipino. (sec. 7 Article XII of the 1987 Constitution) 3. SURVEY The survey may be done by a public or private surveyor. When done by a private surveyor it has to be approved by the Land Management Bureau. PD 239 withdrew the authority of the Land Registration Authority to approve original survey plans. 4. APPLICATION The application for land registration shall be: in writing and signed and sworn to by the applicant or the person duly authorized in his behalf If there is more than one applicant, the application shall be signed and sworn to by and in behalf of each. It shall contain: description of the land citizenship and civil status of the applicant o o if married, the name of the wife or husband if the marriage has been legally dissolved, when and how
If sold under pacto de retro, the vendor a retro may file an application for the original registration of the land BUT should the period for redemption expire during the registration proceedings and ownership consolidated in the vendee a retro, the latter shall be substituted for the applicant. A trustee may apply for original registration, unless prohibited by the instrument creating the trust. (Sec. 14, PD 1529) Persons must be natural-born Filipino citizens (sec. 2 Art. XII of the Constitution) Exceptions: (a) Aliens by way of hereditary succession (b) Natural born citizens who have lost their citizenship- limited to 5,000 sqm for urban land and 3 hectares for rural land (RA No. 7042 as amended by RA No. 8179) As for private corporations, they may not hold such alienable lands of the public domain except by lease of 1,000 hectares for 25 years renewable for not more than
full names and addresses of all occupants and those of the adjoining owners, if known if not known, it shall state the extent of the search made to find them. (Sec. 15, PD 1529) If the application describes the land as bounded by a public or private way or road, it shall state WON the applicant claims any portion of the land within the limits of the way or road, and whether the applicant desires to have the line of way or road determined (Sec. 20, PD 1529) If the applicant is a non-resident of the Philippines, he shall file an instrument appointing a resident agent in the Phils. and shall agree that service of nay legal process (Sec. 16, PD 1529) It must be accompanied by the original tracing cloth plan, white or
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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 appropriate) if the land 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, or if it otherwise appears from the application or the proceedings that a tenant-farmer or the national government may have a claim adverse to that of the applicant (c) By Posting CLR shall cause the sheriff or his deputy to post the notice at least 14 days before the hearing: in a conspicuous place on each parcel of land included in the application and in a conspicuous place on the bulletin board of the municipal building of the municipality or city in which the land or portion thereof is situated (Sec. 23, PD 1529) 7. OPPOSITION Any person claiming an interest may appear and file an opposition: on or before the date of initial hearing, or within such further time as may be allowed by the court. The opposition shall state: all the objections and the interest claimed by the party the remedy desired. It shall be signed and sworn to by him or by some other duly authorized person. (Sec. 25, PD 1529) If no person appears and answers within the time allowed, the court shall, upon motion order a default to be recorded. By the description in the notice "To all Whom It May Concern", all the world are made parties defendant and shall be concluded by the default order. Where an appearance has been entered and an answer filed, a default order shall be entered against
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CIVIL LAW
sent, together with the owner's duplicate certificate, to the Register of Deeds where the property is situated for entry in his registration book. (sec. 39, PD No. 1529). The Register of Deeds shall forthwith send notice by mail to the registered owner that his owner's duplicate is ready for delivery to him upon payment of legal fees. (sec. 40, PD 1529) - - Appeal reckoned from the Solgens receipt of the decision. Becomes final 15 days from receipt
Court retains jurisdiction over the case until after the expiration of 1 year from the issuance of the decree of registration Gomez vs. CA. D. ATTRIBUTES OF AND LIMITATION ON CERTIFICATE OF TITLE AND REGISTERED LAND (FIIC) 1. Free from Liens and Encumbrances except (NCTHA) Those noted in the certificate Liens, claims or rights existing under the laws and Constitution which are not required to appear of record in the Registry of Deeds Unpaid real estate taxes levied and assessed within 2 yrs preceding the acquisition of any right over the land Any public highway or private way established or recognized by law, or any government irrigation canal or lateral thereof, if the certificate of title does not state that the boundaries of such have been determined. Any disposition of the property or limitation on the use thereof by virtue of, or pursuant to, Presidential Decree No. 27 or any other laws on agrarian reform. (Sec. 44, PD 1529) 2. Indefeasible The decree of registration shall not be reopened or revised by reason of absence, minority, or other disability of any person adversely affected thereby. Ground for reopening reviewing the decree registration: Actual fraud. and of
no
longer
CIVIL LAW
This applies only to alienable and disposable (A&D) agricultural lands of the public domain. Under Sec. 6 of CA 141, the classification of public lands into A&D, forest lands, or mineral lands is the prerogative of the Executive Department. The rule on confirmation of imperfect title does not apply unless and until the land classified as, say, forest land, is released in an official proclamation to that effect so that if may form part of the disposable agricultural lands of the public domain. (Bracewell vs. CA, GR. NO 107247) 1) PERIOD OF FILING RA No. 9176 extended the period to file an application for judicial confirmation of imperfect or incomplete title to December 31, 2020. It further limited the area applied for to 12 hectares.
Filipino citizen He must have, by himself, or thru his predecessors-in- interest, possessed and occupied an alienable and disposable agricultural portion of the public domain Such possession and occupation must have been OCEN and in the concept of owner since June 12, 1945 Application filed with proper court 3) PRIVATE CORPORATIONS Where at the time the corporation acquired the land, its predecessor- in-interest had been in possession and occupation thereof in the manner and for the period prescribed by law as to entitle him to registration in his name, then the proscription against corporation acquiring alienable lands of the public domain does not apply for the land was no longer public land but private property Dir. Of Lands vs. IAC and
Acme Plywood and Veneer Co., G.R. 73002. Since the land is private,
the corporation can institute confirmation proceedings. * Requirements of the proceedings are governed by PD 1529.
CIVIL LAW
An owner of registered land may convey, mortgage, lease, charge or otherwise deal with the same in accordance with existing laws. The deed, mortgage, lease, or other voluntary instrument, except a will shall ONLY operate as: 1.) A contract between the parties and 2.) Evidence of authority to the Register of Deeds to make registration. The act of registration shall be the operative act to convey or affect the land insofar as third persons are concerned, and in all cases under this Decree, the registration shall be made in the office of the Register of Deeds for the province or city where the land lies. (Sec. 51, PD 1529) Every conveyance, mortgage, lease, lien, attachment, order, judgment, instrument or entry affecting registered land shall, if registered, filed or entered in the office of the Register of Deeds be constructive notice to all persons from the time of registering. (sec. 52, PD 1529) C. VOLUNTARY VS. INVOLUNTARY DEALINGS VOLUNTARY DEALINGS Ex. Sale, mortage, lease, patent, powers of attorney, trusts INVOLUNTARY DEALINGS Attachment, injunction, mandamus, levy on execution, notice of lis pendens Entry in the day book is sufficient notice to all persons
V. SUBSEQUENT REGISTRATION
A. TWO TYPES OF DEALINGS 1. VOLUNTARY DEALINGS Deeds, instruments, documents which are the results of free and voluntary acts of parties thereto. 2. INVOLUNTARY DEALINGS Writ, order, or process issued by the court of record affecting registered land, also other instruments which are not willful acts of the registered owner, executed without his knowledge or consent. B. NECESSITY/EFFECTS OF REGISTRATION
Presentation of the owners duplicate certificate of title is required to notify; mere entry insufficient An innocent purchaser for value of registered land becomes the registered owner the moment he presents and files a duly notarized and valid deed of sale and the same is entered in the day book and at the same time he surrenders or presents the
2008
Entry thereof in the day book of the ROD is sufficient notice to all persons even if the owners duplicate certificate of title is not presented to the ROD. (Lenin vs. Bass, 1952)
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show that it is qualified to acquire private lands. (Sec. 55, PD 1529) Present owners duplicate. The issuance of a new transfer certificate without presentation of such is un warranted and confers no right on the purchaser PNB vs. Fernandez, 1935 Show that you have paid taxes. RA 456 prohibits registration of documents affecting real property which is delinquent in the payment of real estate taxes. If evidence of such pament is not presented with 15 days form the date of entry of said document in the primary entry book of the register of deeds the entry shall be deemed cancelled. Pay fees and DST (government is exempt) Register of Deeds shall enter the instruments filed with him relating to registered land. He shall note in such book the date, hour and minute of reception of all instruments, in the order in which they were received. They shall be regarded as registered from the time so noted, and the memorandum of each instrument, when made on the certificate of title to which it refers, shall bear the same date. (sec. 56, PD 1529) All deeds and voluntary instruments shall be presented with their respective copies and shall be attested and sealed by the Register of Deeds, endorsed with the file number, and copies may be delivered to the person presenting them. (sec. 56, PD 1529) TCT shall be issued.
2.
Entry in the day book is sufficient notice to all persons of an adverse claim without the same being annotated at the back of the certificate of title (Dir. Of Lands vs. Reyes, 1976)
3.
General Rule: A person dealing with registered property need not go beyond, but only has to rely on, the title. He is charged with notice only of such burdens and claims which are annotated on the title, for registration is the operative act that binds the property Campillo vs. PNVB. When should a purchaser investigate? Banks are required to exercise more care and prudence in dealing with registered lands for their business is one affected with public interest. The general rule does not apply. when party concerned has actual knowledge of facts and circumstances that would impel a reasonably cautious man to make inquiry Leung Yee vs. Strong Machinery When purchaser is in bad faith; e.g. he had full knowledge of a previous sale Jamoc vs. CA, 1991 When a person buys land from one whose rights over the land is evidenced only by a deed of sale and an annotation in the certificate of title but no TCT Quiniano vs. CA D. REGISTRATION OF VOLUNTARY INSTRUMENTS Steps in registration in general: 1. File with the Register of Deeds the voluntary instrument for registration (Sec. 54, PD 1529). It shall contain full name, nationality, residence and postal address of the grantee or other person acquiring or claiming an interest under such instrument. It shall also contain the grantees civil status. If the grantee is a corporation or association, it must
4. 5.
6.
7.
E. REGISTRATION OF DEEDS OF SALE (CONVEYANCES) AND TRANSFERS 1. ENTIRE PROPERTY IS SUBJECT SECTION 57 a. An owner shall execute and register a deed of conveyance in a form sufficient in law. b. The Register of Deeds shall thereafter make out in the registration book a new certificate of title to the grantee and shall prepare and deliver to him an owner's duplicate certificate. c. The Register of Deeds shall note upon the original and duplicate certificate the date of transfer, the volume and page of the
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the certificate of title and also upon the owner's duplicate certificate a memorandum thereof and shall sign. (Sec. 61, PD 1529) G. POWERS OF ATTORNEY; TRUSTS Powers of attorney to deal with registered land shall be registered with the Register of Deeds of the province or city where the land lies. Revocation of power shall be registered in like manner (Sec. 64, PD 1529). To transfer registered land in trust or to create or declare a trust or other equitable interests in such land without transfer, the particulars of the trust shall not be entered on the certificate; but only a memorandum thereof shall be entered by the words "in trust", or "upon condition", or other apt words, and by a reference by number to the instrument. A similar memorandum shall be made upon the original instrument (Sec. 65, PD 1529). No instrument which transfers, mortgages or in any way deals with registered land in trust shall be registered, unless the enabling power thereto is expressly conferred in the trust instrument, or unless a final judgment or order of a court of competent jurisdiction has construed the instrument in favor of the power, in which case a certified copy of such judgment or order may be registered (Sec. 66, PD 1529). Whoever claims an interest in registered land by reason of any implied or constructive trust shall file for registration with the Register of Deeds a sworn statement. Such claim shall not affect the title of a purchaser for value and in good faith before its registration (Sec. 68, PD 1529). H. INVOLUNTARY DEALINGS 1. ATTACHMENT An attachment, or a copy of any writ, order or process issued by a court of record, intended to create or preserve any lien, status, right, or attachment upon registered land, shall be filed and registered in the Registry of Deeds for the province or city in which the land lies. It shall contain a reference to the number of the certificate of title to be affected and its registered owner. If not claimed on all the land, include a description sufficiently accurate for identification of the land affected.
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CIVIL LAW
necessarily affected by judgment. It is proper in the ff cases: - action to recover possession of real estate - action to quiet title - action to remove clouds upon the title - action for partition or - other proceedings of any kind in court directly affecting the title to land or the use or occupation thereof or the buildings thereon A memorandum or notice must be filed and registered so that judgment shall have an effect on the land and 3rd persons. It should contain: - institution of such action or proceeding - in which court it is pending - date of the institution - number of the certificate of title - description of the land affected and - the registered owner (sec. 76, PD 1529) It is not proper in: - preliminary attachments - proceedings for probate of wills - levies on execution - proceedings for administration of estates - proceedings the object of which is a money judgment * In case of subsequent sales or transfers, the Register of Deeds is duty bound to carry over the notice of lis pendens on all titles to issued. Before final judgment, the court may order the cancellation: - After showing that notice is only for purpose of molesting an adverse party - When it is shown that it is not necessary to protect the right of the party who caused the registration thereof - When the consequences of the trial are unnecessarily delaying the determination of the case to the prejudice of the other party - When party who caused registration filed a verified petition - Deemed cancelled when certificate issued by clerk of court stating manner of disposal of proceeding is registered at any time after final judgment in favor of the defendant, or other disposition of the action such as to terminate finally all rights of the plaintiff (Sec. 77, PD 1529)
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appeal the matter to the Commissioner of Land Registration. Any recording made under this section shall be without prejudice to a third party with a better right. Tax sale, attachment and levy, notice of lis pendens, adverse claim with respect to unregistered lands shall likewise be admissible to record. Fees shall be same amount of fees prescribed for similar services for the registration of deeds or instruments concerning registered lands.
VII. Patents
The classification of public lands is a function of the executive branch of government Republic vs. Imperial, 2000. Lands of the public domain which are alienable or open to disposition may be further classified as: - agricultural - residential, commercial, industrial, or for similar productive purposes - educational, charitable or other similar purposes - reservations for townsites and for public and quasi- public uses MODES OF DISPOSITION Public lands suitable for agricultural purposes can be disposed of only as follows: - homestead settlement - sale - lease - confirmation of imperfect or incomplete titles o judicial legalization o administrative legalization (free patent) Kinds Homest ead Patent Applicant The Public Land Act provides that any Filipino citizen over the age of 18 or head of the family may enter a homestead Requirements - Max of 12 hectares of agricultura l land - Applicant must have cultivated and improved at least 1/5 of the land continuous ly since the approval of the application resided for
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2008
CIVIL LAW
residen tial purpos es reisides - have established in good faith his residence on a parcel of public land which is not needed for public service (RA 730) lands and other lands may be sold on condition that the purchaser shall make improveme nts of a permanent character for the purpose for which the land is purchased w/in 18 moms. From the date of the award. exception to CA 141 - area does not exceed 1,000 sqm - it shall be an essential condition of this sale that the occupants has constructe d his house on the land and occupants has constructe d his house on the land and actually resided therein -does not own more than 12 hectares of land - continuously occupied and cultivated, either by himself or his predecessors- in-interest, tracts of agricultural public lands subject to -
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Sales Patent
Any Filipino of lawful age or the head of a family may purchase any tract of public agricultural land not to exceed 12 hectares.
- -
Free patent
- -Filipino citizen of legal age - not the owner of a home lot in the mun where he
To any natural born Filipino citizen (filing ended Dec. 31, 2000)
Lands for
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1. petitioner must have an estate or interest in the land 2. he must show actual fraud 3. petition must be filed within one year form the issuance of the decree by LRA 4. property has not yet passed to an innocent purchaser for value. Walstrom vs. Mapa, GR No. 38387 Grounds: - extrinsic fraud, - void decision for want of due process - lack of jurisdiction Under the Torrens system of registration, the Torrens still becomes indefeasible and incontrovertible one year form the issuance of the final decree and is generally conclusive evidence of the ownership (Calalang vs. Register of Deeds). This applies as well to title acquired through homestead or free patents Iglesia ni Cristo vs. CFI, GR No. L- 35273 - before issuance of decree, or within/after 1 year from entry - if based on implied trust, 10 years; - if based on expressed trust and void contract, imprescriptible - if based on fraud, 4 years from the discovery It does not reopen proceedings but a mere transfer of the land from registered owner to the rightful owner Esconde vs. Barlongay. It is available in case of fraud thereby creating a constructive trust between parties Huang vs. CA. It is not available if the property has already been transferred to an innocent purchaser for value. It can be availed of when reconveyance is no longer possible as when the land has been transferred to an innocent purchaser for value
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Special patent
Appeal
Damag es
Petition
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CIVIL LAW
Indefeasibility of title, prescription, laches, and estoppel do not bar reversion suits. Perjury, Forgery, Others involving fraud
Crimin al Action
39
Upon registration, there shall be paid to the Register of Deeds of 1% of the assessed value of the real estate on the basis of the last assessment for taxation purposes, as contribution to the Assurance Fund.
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