Professional Documents
Culture Documents
5. Title by voluntary transfer private grant; voluntary execution of deed of conveyance 6. Title by involuntary alienation no consent from owner of land; forcible acquisition by state 7. Title by descent or devise hereditary succession to the estate of deceased owner 8. Title by emancipation patent or grant for purpose of ameliorating sad plight of tenant-farmers; not transferable except by hereditary succession
SYSTEM
ORIGIN,
NATURE
&
GENERAL
2. Eliminates repeated examination of titles 3. Reduces records enormously 4. Instantly reveals ownership 5. Protects against encumbrances not noted on the Torrens certificate 6. Makes fraud almost impossible 7. It assures. 8. Keeps up the system without adding to burden of taxation; systems beneficiaries pay the fees 9. Eliminates tax titles 10. Gives eternal title as state ensures perpetuity 11. Furnishes state title insurance rather than private title insurance 12. Makes possible the transfer of titles or loans within hours instead days PURPOSE OF TORRENS LAW: quiet title to land once registered, owner might rest secure PERSONS BOUND WHEN TITLE NOT REGISTERED: 1. Grantor 2. Heirs & devisees 3. Persons with actual notice PROCEDURE IN LAND REGISTRATION CASE: 1. Survey of land by Bureau of Lands or duly licensed private surveyor 2. Filing of application for registration by applicant 3. Setting of date of initial hearing of application by RTC 4. Clerk of court to transmit to Land Registration Authority (LRA) the application, date of initial hearing & other pertinent docs 5. Publication of notice of filing of application, date & place of hearing in OG and in newspaper of general circulation 6. Service of notice contiguous owners, occupants & those who have interest in property
7. Filing of answer or opposition to application 8. Hearing of case by RTC 9. Promulgation of judgment by court 10. Issuance of decree by RTC decision; Instruct LRA to issue decree of confirmation & registration 11. Entry of decree of registration in Land Titles Administration 12. Sending of copy of decree to Register of Deeds (ROD) 13. Transcription of decree of registration in registration book & issuance of the owners duplicate original certificate of title of the applicant by the LRA - upon payment of prescribed fees
4. All original muniments of title 5. 4 copies of certificate by city/provincial treasurer of assessed value of land AMENDMENTS ALLOWED & NOT ALLOWED 1. Substantial change in boundaries or increase in area - new technical description necessary need new publication & notice 2. Substitution of name of new owner file motion with court 3. Decrease the area file motion in court MUNIMENT OF TITLE instruments or written evidence which applicant hold or posses to enable him to substantiate & prove title to his estate TRANSACTION TOOK PLACE BEFORE ISSUANCE OF DECREE: 1. Record instrument in ROD in same manner as if no application was made 2. Present instrument to RTC, motion praying that same be considered in relation to the pending application TRANSACTION TOOK PLACE AFTER ISSUANCE OF DECREE: Register directly with ROD for purpose of canceling such title & issuing a TCT
Land applied for belongs to the state Court may dismiss without prejudice to file new application Dismiss with prejudice Risk to have application denied without losing land Risk involves loss of land
1. MOTION FOR NEW TRIAL - must be brought within 15 days from notice of judgment GROUNDS: a. Fraud, accident, mistake, excusable negligence which ordinary prudence could not have guarded b. Newly discovered evidence which could not be discovered & produced at trial c. Evidence insufficient to justify decision, decision is against the law 2. APPEAL must be brought 15 days from notice of judgment 3. REVIEW OF DECREE OF REGISTRATION available to party deprived of day in court; became non-party due to misrepresentation; invoke actual fraud; before expiration of 1 year; specific acts intended to deceive; will no longer prosper if already transferred to innocent purchaser for value Requisites: a. Plaintiff is owner of land registered in name of defendant b. Registration procured through actual fraud c. Property has not issued to innocent purchaser for value d. Action is filed within 1 year after issuance of decree of registration 4. RELIEF FROM JUDGMENT 60 days 6 months after entry of order; available to party to case, FAME; after judgment; person deprived of right is party to case 5. RECONVEYANCE action in personam; available so long as property not yet passed to innocent purchaser for value; bad faith or with notice of defect 6. RECOVERY FOR DAMAGES REQUISITES: a. Person is wrongfully deprived of his land by registration in name of another actual or constructive fraud b. No negligence on his part c. Barred/ precluded from bringing an action d. Action for compensation has not prescribed
4. Send to ROD original & duplicate of title & certificate for entry in his registration book 5. Enter in record book, dated, signed, numbered & sealed take effect upon date of entry 6. ROD to send notice to registered owner ready for delivery after payment of fees 7. ROD shall send duplicate & note on each certificate of title to whom it is issued 8. Original copy to be filed in ROD; bound in consecutive order ACTION FOR PARTITION, SPLITTING OR CONSOLIDATION OF TITLES: 1. Splitting or consolidation ordinary ROD level, no court involved 2. Subdivision plan approval of NHA, final approval of LRA, then ROD to issue memorandum that streets not to be disposed except by way of donation to govt. shall be effected without approval of NHA ANNOTATIONS AT BACK OF CERTIFICATE need court order, otherwise null & void
CHAPTER 8: VOLUNTARY DEALINGS WITH REGISTERED LAND OPERATIVE ACT registration by owner; if deed is not registered, it is binding only between parties PROCESS OF REGISTRATION: 1. File instrument creating or transferring interest and certificate of title with ROD a. Owners duplicate b. Payment of fees & documentary stamp tax c. Evidence of full payment of real estate tax d. Document of transfer 1 copy additional for city/provincial assessor 2. ROD shall make a memorandum on the certificate of title, signed by him 3. Issue TCT VOLUNTARY DEALINGS: need to present title to record the deed in registry & to make memorandum on title while in INVOLUNTARY DEALINGS: No presentation required; annotation in entry book is sufficient FORMAL REQUISITES OF A DEED 1. Full name 2. Nationality 3. Place of residence 4. Postal address of grantee or other persons acquiring or claiming interest 5. Civil status 6. Whether or not corporation 1. ROD to keep an entry book day book 2. Enter in order of reception all deeds & voluntary instruments, write & processes re land -year, month, day, time, minute of reception of instrument; Registered from time of entry 3. Fees of 5 pesos per document to be paid within 15 days
4. Note memorandum & sign & issuance of certificate 5. Documents are numbered & indexed & indorsed with reference to certificate of title public records 6. Subject to reasonable regulation Cost borne by vendor
PACTO DE RETRO EQUITABLE MORTGAGE 1. Price of sale with right to repurchase is usually inadequate 2. Vendor remains in possession as lessee or otherwise 3. Upon or after expiration of right to repurchase, another instrument extending period /granting new period is executed 4. Purchaser retains a part of the purchase price 5. Vendor binds himself to pay taxes on thing sold 6. Real intention of parties is that transaction shall secure payment of debt or fulfillment of other obligation Real Mortgage Subject matter is real property Public document only Chattel Mortgage Subject matter is movable May be in private document provided there 8
EXECUTION & REGISTRATION 1. Execution of deed in a form sufficient in law (public instrument) 2. Registration with ROD where the land lies & take effect upon registration a. Present deed of mortgage together with owners duplicate b. Payment of fees c. ROD shall enter upon original certificate of title & upon duplicate a memorandum date, time of filing, signature, file number assigned to deed d. ROD to note on deed the date & time of filing & reference to volume & page of registration book in which it was registered 3. No duplicate need be issued SUBJECT MATTER Real property plus all its accessions unless contrary is stipulated Future property without legal effect Future improvements deemed included Fruits & rents of mortgaged property deemed included Continuing credit secured by mortgage valid
FORMS: 1. Private document void & inexistent 2. Public instrument but not recorded binding between parties but not 3rd persons without notice 3. Public document & registered valid & binding to 3rd parties MAY MORTGAGE BE REGISTERED WITHOUT DUPLICATE TITLE: Yes If being withheld by the owner, ROD notifies by mail within 24 hours to registered owner: 1. Stating that mortgage has been registered 2. Requesting that owners duplicate be produced so that memorandum be made thereof Owner refuses to comply within reasonable time; ROD to notify court & court may enter order requiring owner to produce certificate
SUBSEQUENT DEALINGS IN MORTGAGED PROPERTY 1. May be further alienated stipulation to contrary is void Assignment must also be registered since registration is operative act to affect land If not recorded valid as to parties but not to 3rd parties, right not protected against somebody who registers & procures better right
2. May be further mortgaged stipulation to contrary is void No need to secure permission of mortgagee Understood unless prohibited in contract
b. There is stipulation for automatic appropriation 4. Discharge Execute public document canceling or releasing mortgaged in form prescribed by law Present instrument with ROD where land lies together with owners duplicate for registration Memorandum of cancellation is annotated on duplicate & original
WHEN MORTGAGOR DIES 1. Abandon security & prosecute his claim by sharing in general distribution of assets of the estate 2. Foreclose mortgage by making executor party defendant 3. Foreclose it in due time PARTIES IN FORECLOSURE SUIT: all persons claiming interest subordinate in right to mortgagee ACTION TO FORECLOSE: Prescribes in 10 years (written contract) VENUE: Per stipulation or in absence thereof, where the property lies FORECLOSURE 1. JUDICIAL Procedure: a. Mortgagee to petition in court for foreclosure b. Court to render order for debtor to pay sum due within 90 days and if not paid from date of service, property be sold at public auction c. Notice & Publication d. Public auction: sale to highest bidder e. Sheriff to issue certificate confirming judicial foreclosure f. File with ROD final decree of court confirming sale
g. Memo entered in certificate of title h. If right of redemption exist, certificate of title of mortgagor not to be cancelled but memorandum shall be entered upon the certificate duplicate & original i. After expiry of 1 year redemption period & no redemption, title is consolidated to new owner Purchaser to be entitled to new certificate of title & memorandum endorsed on mortgage deed
j.
k. If there is redemption, memorandum to be annotated on certificate of title 2. EXTRA-JUDICIAL Allowed only if stipulation between party authorizes extra-judicial foreclosure Cannot be made legally outside of city where land lies Publication required: post notices for 20 days in 3 public places where property lies & if property is more than P400.00, publication must be for 3 consecutive weeks in news paper of general circulation
10
If foreclosure by rural banks, exempt from publication in newspaper for loans not exceeding 3,000.00 Registration of sale in ROD: a. Deed of sale must be supported by certificate of sheriff that said sale was conducted accordingly stating the date, time, place of sale, names of creditor & debtor, description of property, name of highest bidder, selling price b. Present in ROD where land lies c. Memorandum on back of certificate is made d. After expiration of 1 year of redemption period title is consolidated if no redemption exercised: purchaser to file with ROD the deed of sale & sworn statement attesting to fact that there is no redemption e. New certificate of title issued in favor of vendee f. If redeemed notice of redemption shall be registered & accomplished by way of memorandum on proper certificate of title
RIGHT OF REDEMPTION Payment of purchase price plus 1% per month plus taxes if paid by purchaser To be exercised within 1 year after registration of sale
11
If instead of registration, it is delivered it shall be a pledge & not chattel mortgage (if no chattel mortgage deed executed) Actual knowledge is same effect as registration
AFFIDAVIT OF GOOD FAITH: Statement That 1. Mortgage is made to secure obligation specified 2. Valid & just obligation 3. Not entered into for purpose of fraud EFFECT OF ABSENCE OF AFFIDAVIT OF GOOD FAITH: Vitiates mortgage as against creditors & subsequent encumbrances Valid as between parties No need to be in public document
ASSIGNMENT OF MORTGAGE: No need to be registered, permissive only & not mandatory CANCELLATION OF CHATTEL MORTGAGE: Mortgagee to execute a discharge of the mortgage in manner provided by law FORECLOSURE OF MORTGAGE There must first be non-payment & at least 30 days have elapsed since then Alternatives: 1. Judicial 2. Extra-judicial only if there is stipulation/authority
PROCEDURE IN FORECLOSURE 1. Notice posted for 10 days in at least 2 public places in municipality where property is to be sold designating the time, place and purpose of sale 2. Mortgagor is notified in writing at least 10 days before sale 3. Public auction 4. 30 days after sale, officer makes a return & file with ROD where mortgage has been recorded 5. Officers return operates as a discharge of the lien created by the mortgage 6. Proceeds to be applied: a. Cost of sale b. Amount of obligation c. Subsequent mortgages d. Balance mortgagor RECOVERY OF DEFICIENCY: Allowed
12
3. No new certificate shall be issued WHEN THERE IS PROHIBITION IN MORTGAGED PROPERTY AS REGARDS SUBSEQUENT CONVEYANCES, ETC.: Leasehold cannot be registered in the title thereof EFFECT OF REGISTRATION: 1. Creates a real right but without prejudice to rights of 3rd persons 2. If not registered valid as between parties but not to 3rd persons without notice REGISTRATION lessor not required to initiate; lessee shall initiate ALIENS: 1. May be granted temporary rights for residential purposes 2. Limit: 25 years, renewable for another 25 years WHO ELSE MAY REGISTER: Builder in Good Faith
g. Property is acquired thru mistake or fraud POWER OF ATTORNEY authority granted to a person to dispose ones property TRUST DIFFERENTIATED FROM POWER OF ATTORNEY 1. Trust has 3 parties while power of attorney has 2 parties 2. Trust is for benefit of 3rd party while power of attorney is for benefit of principal REGISTRATION OF TRUST 1. Sworn statement claiming interest by reason of an implied trust with description of land & reference to number of certificate shall be registered in ROD 2. Provided not prohibited to do so by instrument creating the trust APPOINTMENT OF TRUSTEE BY COURT Certified copy of decree shall be presented to ROD & surrender duplicate certificate Cancel duplicate & new certificate shall be entered by ROD
13
ACTION FOR RECONVEYANCE BASED ON IMPLIED TRUST Prescribes in 10 years If acknowledged in written form becomes express trust prescribes upon repudiation
Document to be registered
1. EXECUTION SALE To enforce a lien of any description on registered land, any execution or affidavit to enforce such lien shall be filed with ROD where land lies Register in registration book & memorandum upon proper certificate of title as adverse claim or as an encumbrance To determine preferential rights between 2 liens: priority of registration of attachment
2. TAX SALE Sale of land for collection of delinquent taxes and penalties due the government In personam (all persons interested shall be notified so that they are given opportunity to be heard) Notice to be given to delinquent tax payer at last known address Publication of notice must also be made in English, Spanish & local dialect & posted in a public & conspicuous place in place wherein property is situated & at main entrance of provincial building Sale cannot affect rights of other lien holders unless given right to defend their rights: due process must be strictly observed Tax lien superior to attachment No need to register tax lien because it is automatically registered once the tax accrues
But sale of registered land to foreclose a tax lien need to be registered PROCEDURE OF REGISTRATION OF TAX SALE: 1. Officers return shall be submitted to ROD together with duplicate title 2. Register in registration book 3. Memorandum shall be entered in certificate as an adverse claim or encumbrance 4. After period of redemption has expired & no redemption (2 years from registration of auction sale) cancellation of title & issuance of new one 5. Before cancellation, notice shall be sent to registered owner: to surrender title & show cause why it shall not be cancelled ACTUAL KNOWLEDGE IS EQUIVALENT TO REGISTRATION OF ADVERSE CLAIM 1. Make a statement in writing setting forth alleged interest, from whom acquired, how acquired, no. of certificate of land, name of registered owner, description of land in which right/interest is claimed signed & sworn to 2. Statement shall be entitled to registration as adverse claim on certificate of title 3. Effective for 30 days from date of registration 4. After 30 days, may be cancelled by filing of verified petition by party in interest Any party may petition in court to cancel adverse claim Court to grant speedy hearing If adverse claim is adjudged invalid may be cancelled 5. No 2nd adverse claim based on same ground shall be registered by same claimant
15
JUDGMENT/ORDER VACATING INSOLVENCY PROCEEDINGS Order shall also be registered Surrender title issued in name of assignee & debtor shall be entitled to entry of new certificate
2. GOVERNMENT IN EMINENT DOMAIN Copy of judgment file in ROD which states description of property, certificate number, interest expropriated, nature of public use Memorandum shall be made or new certificate of title shall be issued
16
WHEN JUDICIAL PROCEEDING NOT NECESSARY Heirs may partition estate immediately & no need to be burdened with cost/expenses of an administrator 1. In absence of debts 2. Heirs are all of legal age PARTITION/SETTLEMENT OF ESTATE 1. JUDICIAL After entry of final judgment of partition, copy certified by clerk of court to be filed with ROD Each owner to give separate certificate of title (duplicate) If ordered to be sold, purchaser shall be entitled to a certificate of title entered in his name upon presentment of order confirming sale
2. EXTRAJUDICIAL a. Decedent died intestate b. No debts c. Heirs are all of legal age, or minors represented by guardian Procedure: Heirs to execute public instrument to be filed with ROD If disagree with each other, file in court ordinary action for partition If there is only 1 heir, may adjudicate to himself entire estate via affidavit to be filed with ROD If there are movables involved, bond to be filed equivalent to value of property as certified under oath by parties conditioned upon payment if any just claim which may be filed by creditor within 2 years after distribution Publication in newspaper of general circulation for 3 weeks; not binding to those without notice Final after 2 years
ORAL PARTITION, WHEN DEEMED VALID In provinces when person dies leaving property not covered by Torrens system to avoid legal expenses, heirs make a list of property, pay off debts & assign to each Statute of frauds do not operate because it is not a conveyance but a separation of property and designation of part which belongs to them
WILLS AND LETTERS OF ADMINISTRATION Executor required to file with ROD a certified copy of his letters of administration or the will if there is a will in order that ROD may register upon certificate a memorandum with reference to file no & date of filing COURT AUTHORITY NEEDED IN ORDER TO SELL 1. May be dispensed with if will empowers him sell 2. Without authority first secured, heir may sell subject to result of pending administration
17
WHO IS ENTITLED: 1. Claimant must be owner, purchaser or encumbrancer in good faith who suffered actual damage by loss of land; in short he is deprived of his land or interest therein 2. No negligence attributable to him 3. Claimant is barred from filing action to recover said land 4. Action to recover from assurance fund has not prescribed LOSS/DAMAGES SHOULD NOT BE DUE TO FOLLOWING REASONS: 1. Breach of trust 2. Mistake in resurvey resulting in expansion of area in certificate of title LOSS/DAMAGES SHOULD BE DUE TO THE FOLLOWING REASONS: 1. Omission, mistake, misfeasance of ROD or clerk of court 2. Registration of 3rd persons as owner 3. Mistake, omission, misdescription in certificate of title, duplicate or entry in books 4. Cancellation AGAINST WHOM ACTION IS FILED: 1. Action due to deprivation of land due to mistake, negligence, omission of ROD, etc ROD and National Treasurer as defendants; Sol-Gen must appear 2. Private persons involved should also be impleaded LIABILITY: 1. Satisfy claims from private persons first 2. When unsatisfied secondary liable is the National Treasurer who shall pay thru assurance fund; thereafter Government shall be subrogated to rights of plaintiff to go against other parties or securities MEASURE OF DAMAGES: Based on amount not greater than fair market value of land Amount to be recovered not limited to 500,000 which is maintained as standing fund If fund is not sufficient, National Treasurer is authorized to make up for deficiency from other funds available to Treasury even if not appropriated
WHERE AND WHEN TO FILE ACTION AGAINST ASSURANCE FUND: 1. Any court of competent jurisdiction RTC in city where property lies or resident of plaintiff 18
2. Action prescribes in 6 years from time plaintiff actually suffered loss 3. If plaintiff is minor, insane or imprisoned has additional 2 years after disability is removed to file action notwithstanding expiration of regular period
2. ADVERSE CLAIM IN REGISTERED LAND Whoever claims a better right or interest in a land adverse to the registered owner shall make written statement alleging his right, how and when acquired with description of land Statement to be signed and sworn to Entitled to registration as adverse claim noted on certificate of title If there is petition speedy hearing, determine validity of adverse claim May be cancelled without court order; effective only for 30 days After cancellation, no adverse claim on same ground may be registered by same claimant: 1) Adverse to registered owner 2) Arises after original registration 3) Cannot be registered under the land registration act To be made on original certificate, to the duplicate is not necessary because no access to latter Contracts of lease, contract to sell but prescription & money claims not allowed Purpose: measure designed to protect the interest of a person over a property where registration is not provided for by the land registration act; serve as notice and warning to persons subsequently dealing on said land Different with lis pendens: permanent; can only be removed after hearing is done but adverse claim is only for 30 days:
lis pendens notice that property is in litigation; adverse claim; somebody is claiming better right Recent ruling: adverse claim can only be removed upon court order
3. PETITION SEEKING SURRENDER OF DUPLICATE TITLE In voluntary and involuntary conveyances when duplicate cannot be produced, petition in court may be filed to compel surrender of certificate of title duplicate to ROD
19
After hearing, may order issuance of new certificate and annul the old certificate; new certificate shall contain annotation re annulment of old certificate
4. AMENDMENT AND ALTERATION OF CERTIFICATE OF TITLE A certificate of title cannot be altered, amended except in direct proceeding in court; summary proceeding Entries in registration books not allowed to be altered except by order of court Grounds: 1. New interest not appearing on the instrument have been created 2. Interest have terminated or ceased 3. Omission or error was made in entering certificate 4. Name of person on certificate has been changed 5. Registered owner has married 6. Marriage has terminated 7. Corporation which owner registered land has dissolved and has not conveyed the property within 3 years after its dissolution What corrections are permitted in title (which does not include lands included in original; technical description as long as original decree of registration will not be reopened and rights or interest of persons not impaired; old survey was incorrect; substitution of name of registered owner) 1. Alterations which do not impair rights and 2. Alterations which impair rights with consent of all parties 3. Alterations to correct obvious mistakes 5. RECONSTITUTION OF ORIGINAL CERTIFICATE OF TITLE As consequence of war records have been destroyed When reconstituted have same validity as old title Can only be done judicially by filing a petition for reconstitution with RTC To be published in OG for 2 consecutive issues and on main entrance of municipality at least 30 days before hearing In rem proceedings Court to order reconstitution if it deemed fit; issue order to ROD Lack of essential data fatal
6. TRANSACTION EVIDENCED BY LOST DOCUMENT HOW REGISTERED ROD forbidden to effect registration of lost or destroyed documents Steps by interested parties: 1. Procure authenticated copy of lost or destroyed instrument 2. Secure an order from court
20
In connection with original and subsequent registration of lands payable to Clerk of court, ROD, sheriff Full payment of fees prerequisite to registration: at least the entry fee of 5.00, rest of the fees due payable within next 15 days
OFFENSES: 1. Larceny 2. Perjury false statement under oath 3. Fraudulent procurement of certificate: fine of not more than 10,000 or imprisonment of 5 years or both in discretion of court 4. Forgery: fine of not more than 10,000 or imprisonment of 10 years or both in discretion of court a. Forging of seal in ROD, name, signature or handwriting of any officer of court of ROD b. Fraudulent stamping or assistance in stamping c. Forging of handwriting, signature of persons authorized to sign d. Use of any document which an impression of the seal of the ROD is forged 5. Fraudulent sale: sale of mortgaged property under the misrepresentation that it is not encumbered; deceitful disposition of property as free from encumbrance: imprisonment of 3 years or fine not exceeding 2,00 or both at discretion of court
PUBLIC LAND MAY BE ALIENATED, CONVEYED TO PRIVATE PERSON. PROCEDURE: 1. Official issuing instrument of conveyance to issue instrument 2. File instrument with ROD 3. Instrument to be entered in books and owners duplicate to be issued 4. Instrument only contract between Government and private person and does not take effect as conveyance if unregistered, it is registration which is operative act of conveying land; evidence of authority for ROD to register 5. Fees to be paid by grantee 6. After issuance of certificate of title, land is deemed registered land within the purview of the Torrens system NATURE OF TITLE TO PUBLIC LANDS CONVEYED: INDEFEASIBLE AND CONCLUSIVE In absence of registration, title to public land is not perfected and therefore not indefeasible In case of 2 titles obtained on same date one procured through decree of registration is superior than patent issued by director of lands
21
2 titles procured by one person one from homestead patent, one from judicial decree & sold to 2 different persons, one who bought it for value and in good faith & one who register first shall have preference
CLASSIFICATION OF LAND OF PUBLIC DOMAIN: Classification is exclusive prerogative of executive & not by judiciary Anyone who applies for confirmation of imperfect title has burden of proof to overcome the presumption that the land sought to be registered forms part of public domain (Regalian doctrine)
UNDER THE CONSTITUTION: 1. Agricultural only one subject to alienation 2. Forest or timber 3. Mineral lands 4. National park UNDER THE PUBLIC LAND ACT: 1. Alienable/disposable a. Agricultural b. Residential, commercial, industrial c. Educational, charitable d. Town sites and for public and quasi-public uses 2. Timber lands - inalienable 3. Mineral lands inalienable If patent or title is issued void ab initio for lack of jurisdiction Not subject to acquisitive prescription; even if in possession for long time, will not ripen into ownership Except: mineral lands and forest lands acquired before inauguration of Commonwealth in November 15, 1935; vested rights which are protected
FISHPONDS Before: included in definition of agriculture, conversion of agricultural land to fishponds does not change character of land Now: restricted meaning; fishponds have a distinct category; cannot be alienated but may be leased from government. DIRECTOR OF LANDS Quasi-judicial officer Findings of fact conclusive on higher court with absence of fraud, mistake other than error of judgment; but not with regards to finding of law Empowered to alienate and dispose lands
MODES OF ALIENATING PUBLIC LANDS: 1. Homestead settlement 2. Sale 3. Confirmation of imperfect or incomplete title 22
a. Judicial legalization b. Administrative legalization Lease not included since lease does not transfer ownership; free-title grant: free distribution of public lands to encourage people to cultivate; government furnishes the applicant with tolls plus cash allowance to enable him to cultivate
CONFIRMATION OF IMPERFECT TITLE: 1. Last extension granted by Government was until December 31, 1987 2. Right made available to person qualified to acquire alienable and disposable public land thru open, continuous, exclusive, notorious (OCEN) possession under bonafide claim of ownership since June 12, 1945. a. Prior to transfer of sovereignty from Spain to US, have applied for purchase but did not receive title, without default on their part provided they have occupied since their application b. In OCEN possession since June 12, 1945 or earlier c. Members of cultural minorities in OCEN who has claim of ownership for at least 30 years MAXIMUM LAND THAT CAN BE APPLIED: 144 hectares In case of foreigner, sufficient that he is already Filipino citizen at the time of his application Corporation who has less 60% Filipino ownership cannot apply confirmation of imperfect title; can only lease PERSONS COMPETENT TO QUESTION LAND GRANT Persons who obtained title from State or through persons who obtained title from State PATENT WHEN GOVERNMENT GRANT DEEMED ACQUIRED BY OPERATION OF LAW: 1. Deed of conveyance issued by government patent/grant 2. Registered with ROD mandatory: operative act to convey & transfer title 3. Actual physical possession, open & continuous Land ceased to be part of public domain & now ownership vests to the grantee Any further grant by Government on same land is null & void Upon registration, title is indefeasible
TITLE ISSUED PURSUANT TO REGISTRATION OF PATENT 1. Indefeasible when registered, deemed incorporated with Torrens system; 1 year after issuance of patent 2. May not be opened one year after entry by LRA; otherwise, confusion, uncertainty & confusion on government system, of distribution of public lands may arise & this must be avoided Except: annullable on ground of fraud, may be reopened even after 1 year because registration does not shield bad faith Court in exercise of equity jurisdiction may direct reconveyance even without ordering cancellation of title
AIM OF HOMESTEAD PATENT: Benevolent intention of government to distribute disposable agricultural land to destitute citizens for their home and cultivation
23
As a matter of public policy, may be repurchased even if after 5 years provided not for profit Right of repurchase not allowed if sold within family & not for cultivating or living but for speculation purpose
RESTRICTIONS: 1. Cannot be alienated within 5 years after approval of application for patent 2. Cannot be liable for satisfaction of debt within 5 years after approval of patent application 3. Subject to repurchase of heirs within 5 years after alienation when allowed already 4. No corporation, partnership, association may acquire unless solely for commercial, industrial, educational, religious or charitable purpose or right of way subject to consent of grantee & approval of Secretary of Natural resources EXCEPTIONS: 1. Action for partition because it is not a conveyance 2. Alienations or encumbrances made in favor of the government ERRED HOMESTEADER NOT BARRED BY PARI DELICTO Pari delicto rule does not apply in void contract Violation of prohibition results in void contract Action to recover does not prescribe
HOMESTEADER If he dies, succeeded by heirs in the application LEGAL RESTRICTION IN DISPOSITION BY NON-CHRISTIANS (CULTURAL MINORITIES) Conveyance is valid if able to read and can understand language where deed is written Otherwise, not valid unless approved by Commission on National Integration Safeguard is to protect them against fraud/deceit
24
In opinion of Phil president pursuant to requirement of public interest, title of land within a specified area needs to be settled and adjudicated Order Director of Lands to make survey and plan Director gives notice to persons claiming interest in lands & to gen public of day of survey published in OG and posted in conspicuous place on lands to be surveyed Geodetic engineers commences survey During survey, boundaries are marked by monuments
2. FILING OF PETITION After survey and plot been made, Director represented by Sol Gen institutes cadastral proceeding by filing petition in court against holders, claimants, possessors, occupants Parcel of lots given their cadastral numbers
3. PUBLICATION OF NOTICE OF HEARING Court to order date of hearing LRA to notify public by publishing notice 1x in OG and 1x in newspaper of general circulation & copy mailed to person whose address is known & other copies posted in conspicuous place designated by law 4. FILING OF ANSWER Any person claiming interest in any part of lands subject to petition is required to file answer Answer must give the ff details: a. Age of claimant b. Cadastral number of lot claimed c. Name of barrio or municipality where lot is located d. Name of owners of adjoining lots e. If in possession & without grant no of years in possession f. If not in possession state interest claimed g. If assessed of taxation assessed value h. Any encumbrances affecting said lots
5. HEARING OF CASE In any convenient place where land lies Like an ordinary RTC trial Conflicting claims are determined Lots claimed are awarded to persons entitles if they could prove title If none could prove title land is declared public domain
6. DECISION Claimants are notified of decision 7. ISSUANCE OF DECREE AND CERTIFICATE OF TITLE Upon order of court, LRA to enter decree of registration Decree made basis for issuance of OCT Decree is now being directly prepared and issued on regulation forms of such certificate
25
NATURE OF TITLE COVERED BY 2 ACTS: Title in good faith & for value Errors in plan do not annul decree of registration Cancellation & correction are permitted
LAND ALREADY REGISTERED Jurisdiction is limited only to correction of technical errors Court cannot issue decree on land already decreed Revision of decree allowed when substantial rights are not impaired; what is prohibited is registered land to be registered again in name of another Jurisdiction subsists to all incidental matters
26
CADASTRAL PROCEEDING COMPARED TO ORDINARY REGISTRATION CADASTRAL Government Private and Public Government does not assert ownership Interested only in settlement of titles Government undertakes survey and advances expenses In absence of successful claimant, property goes to government ORDINARY Private Individual Private Lands Ownership is Asserted
Survey I
On account of owner Applicant has another chance to claim is dismissal is without prejudice
WHEN CAN CADASTRAL PROCEEDINGS MAY BE OPENED 10 years up to Dec 31, 1968 Persons claiming title but were unable to file their claim even while in possession are granted right to petition for reopening of proceedings provided such were not alienated, leased or disposed by government
CADASTRAL COURT DOES NOT AWARD DAMAGES, BUT MAY DIRECT SHERIFF TO DELIVER POSSESSION Provisions of land registration act applicable to cadastral proceedings
27